CIJL Newsletter – N°1
This newsletter informs you on recent activities and ongoing situations related to the work of the Centre for the Independence of Judges and Lawyers.
Ukraine: draft law no. 8711 on “homosexual propaganda” violates human rights
The Verkhovna Rada, the Ukrainian parliament, voted on 2 October 2012 in favor of a bill that would ban “homosexual propaganda”. The ICJ and ILGA-Europe have condemned the draft law and called on Ukrainian authorities not to adopt it. Two hundred and eighty-nine out of 450 members of parliament supported the bill, which is now expected to move for a second round of reading in parliament later this month.
The organisations are deeply concerned about the impact of Draft Law no. 8711 on the rights of lesbian, gay, bisexual and transgender (LGBT) people in Ukraine as well as the rights of everyone to the freedoms of expression, peaceful assembly and association. ICJ and ILGA-Europe urge the Ukrainian parliament to withdraw the bill from its agenda and call on the Chair of the Parliament and the President, who would both need to sign the bill in order for it to become law, to speak out against it.
The bill would modify several existing laws in Ukraine, including criminal law, and introduce sanctions for the import, production and distribution of products that would “promote” homosexuality. “Promotion of homosexuality” is itself undefined. “If voted into law, it would lead to the further marginalisation of the lesbian, gay, bisexual and trans community in the country and would limit the work of human rights defenders,” Evelyne Paradis, Executive Director of ILGA-Europe said.
ILGA-Europe and the ICJ believe that Draft Law no. 8711 is incompatible with international human rights law. First it is so vague that it fails to conform to the requirement that restrictions must be provided for by law. Under the draft law, it is impossible for an individual to determine what kind of expression is banned. Second, the asserted reasons for the “homosexual propaganda” ban fail the tests of proportionality and necessity. In other words, the restriction serves no permissible purpose. Third and finally, the homosexual propaganda ban discriminates against LGBT people by prohibiting public discourse on issues that matter to LGBT lives. “Restrictions on rights may not be discriminatory, and discrimination on the basis of sexual orientation is clearly prohibited under international law,” said Alli Jernow, Senior Legal Adviser of the International Commission of Jurists.
The EU should raise these developments in the context of the monitoring of the implementation of the Visa Liberalisation Action Plan. Parliamentary discussion of this law clearly demonstrates that progress is stalled. If the bill passes a second reading, further negotiations with Ukraine should be delayed or ultimately suspended. We also call on the Council of Europe to unequivocally denounce Draft Law no. 8711 in representations to the Ukrainian government.
The law is expected to be discussed at a second hearing in the coming weeks. After that the Chair of the Parliament and the President would need to sign the bill before it would become official law.
ICJ and ILGA-Europe earlier this year issued a joint briefing paper on “homosexual propaganda bans” that have been enacted or proposed in Europe and other Eastern European countries.
Photo credit: Insight NGO
Cambodian monk wins the Martin Ennals Award 2012
The Jury of the Martin Ennals Award for Human Rights Defenders (MEA) selected the Venerable Luon Sovath as the 2012 Martin Ennals Award winner. The Prize winner was announced at a ceremony in Geneva.
The Venerable Luon Sovath, a Buddhist monk from Siem Reap, Cambodia witnessed his family and fellow villagers being forcibly evicted from their homes in 2009. Since then he has been a strong advocate against forced evictions, which remove families from their homes, often violently and little or no compensation.
Despite threats to his person, of arrest and disrobing, the Venerable Sovath, a non-violent Buddhist monk, uses videos, poems and songs to defend the right to housing. His advocacy touches powerful economic interests. The threats against the Venerable Sovath are very real.
Venerable Sovath was selected from among three final Nominees (see video presentation at the end of this article). Also nominated was Nasrin Sotoudeh, an Iranian Lawyer serving a 6 year prison sentence in Iran for her Human Rights work. She is known particularly for her work on behalf of women and children’s rights, especially juveniles facing execution. The third nominee is the Bahrain Center for Human Rights, who report widely on human rights abuses in Bahrain. Many of their key staff are currently imprisoned for their work.
The New Chair of the Martin Ennals Foundation, Micheline Calmy-Rey, the former Swiss President and Foreign Minister said: “This year’s novel format with three nominees made the Jury’s decision particularly difficult. As a Buddhist monk, Venerable Sovath has managed to raise wider attention to the issue of forced evictions in Cambodia”
The Martin Ennals Award for Human Rights Defenders (MEA) is a unique collaboration among ten of the world’s leading human rights organizations to give protection to human rights defenders worldwide.
The Jury is composed of the following NGOs: Amnesty International, Human Rights Watch, Human Rights First, International Federation for Human Rights, World Organisation Against Torture, Front Line, International Commission of Jurists, German Diakonie, International Service for Human Rights and HURIDOCS.
Previous laureates : Kasha Jacqueline Nabagesera (2011) Muhannad Al-Hassani, Syria, Emad Baghi, Iran; Mutabar Tadjibaeva, Uzbekistan; Pierre Claver Mbonimpa, Burundi and Rajan Hoole-Kopalasingham Sritharan, Sri Lanka; Akbar Ganji, Iran and Arnold Tsunga, Zimbabwe; Aktham Naisse, Syria; Lida Yusupova, Russia; Alirio Uribe Muñoz, Colombia; Jacqueline Moudeina, Chad; Peace Brigades International; Immaculée Birhaheka, DR Congo; Natasha Kandic, Yugoslavia; Eyad El Sarraj, Palestine; Samuel Ruiz, Mexico; Clement Nwankwo, Nigeria; Asma Jahangir, Pakistan; Harry Wu, China.
Patrons of the Martin Ennals Award: Asma Jahangir, Barbara Hendricks, José Ramos-Horta, Adama Dieng, Leandro Despouy, Louise Arbour, Robert Fulghum, Irene Khan, Theo van Boven and Werner Lottje†.
Contact: Michael Khambatta, t: +41 79 474 8208; e-mail: khambatta(at)martinennalsaward.org or visit www.martinennalsaward.org
Video presentation of the three nominees: Luon Sovath (Cambodia), Nasrin Sotoudeh (Iran), Bahrain Center for Human Rights (Bahrain)
September ICJ E-Bulletin on counter terrorism and human rights – no. 66
Read the 66th issue of ICJ’s monthly newsletter on proposed and actual changes in counter-terrorism laws, policies and practices and their impact on human rights at the national, regional and international levels. The E-Bulletin on Counter-Terrorism and Human...
Morocco: ICJ promotes national debate on access to justice for victims of violations of economic, social and cultural rights
During three days, from September 26 to 28, 2012 in Rabat, the ICJ ESCR Programme and the MENA Regional Programme organized two events in collaboration with the OMDH (Organisation Marocaine des Droits Humains).
ICJ Commissioner Mr. Roberto Garreton supported the three-day programme. The first two days were dedicated to a workshop gathering 30 representatives of human rights NGOs, service providers, consumer protection groups, lawyers and academic experts.
The participants were trained and had discussions on the opportunities, the challenges and the remedies that the Moroccan legal and institutional framework offers to individuals and groups seeking justice for violations.
Discussions also concerned the legal reforms undertaken in the country and how they will impact the ability for victims of human rights violations to access justice.
The participants particularly welcomed the workshop setting and focus that brought together a variety of groups working in relevant areas.
On the third day, 28 September 2012, a symposium attended by civil society actors, lawyers and academia as well as by members of the judiciary and of the Conseil National des Droits de l’Homme was the opportunity to discuss the role of judges in the realization of economic, social and cultural rights.
The two events are part of a project that will involve further research and consultation on access to justice for ESCR in close collaboration with national civil society.
Background of the Workshop
With national projects such as the one in El Salvador, the ICJ programme on Economic, Social and Cultural Rights aims at contributing to improve accountability for human rights violations and access to justice for all, including for victims of threats against and violations of economic, social and cultural rights.
The ICJ has embarked on research processes at national level to identify obstacles and opportunities for access to justice, as well as on consultation and collaboration processes with national allies to define strategies to address gaps.
Depending on the needs identified, the ICJ will support the implementation of recommendations and steps that includes trainings and legal interventions.
Seminario: espulsione di migranti e richiedenti asilo ed il diritto internazionale
La Commissione Internazionale di Giuristi ed il Consiglio Italiano per i Rifugiati organizzano un seminario per giudici, giudici di pace ed avvocati sui principi di diritto internazionale applicabili all’espulsione o allontanamento dei migranti e richiedenti asilo.
Il seminario sarà suddiviso in due giornate:
La prima giornata (giovedì 20 settembre – 14:30 – 18:30) analizzerà la normativa e la giurisprudenza internazionale sul principio di non-refoulement o di non respingimento, la sua applicazione nella giurisprudenza italiana, assieme ad una prospettiva di diritto comparato con il sistema spagnolo.
La seconda giornata (venerdì 21 settembre – 14:30 – 18:30) analizzerà in maniera più dettagliata la normativa e la giurisprudenza internazionale in materia di rispetto delle misure provvisorie degli organismi internazionali. Tratterà inoltre del loro rispetto in Italia e della sospensione dell’espulsione in casi di non-refoulement attraverso esperti nazionali.
Il semnario è a gratuito ed a numero chiuso (25 persone). Trovate il procedimento d’iscrizione e l’agenda del seminario nei documenti qui sotto.
AnnuncioSeminarioICJCIR-events-20-21settembre-2012-ita (text in PDF)
Agenda seminario-events-agenda-20-21 settembre 2012-ita (text in PDF)
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