Feb 15, 2013 | News
The ICJ, in collaboration with the Office of the Attorney General of the Union of Myanmar, held a two-day academic seminar in Naypyitaw entitled “The Prerogative Writs under the 2008 Constitution of Myanmar”.
At the event, which took place on 14 – 15 February 2013, opening remarks were given by His Excellency Dr. Tun Shin, Attorney General of the Union of Myanmar and Mr. Saman-Zarifi, Regional Director for Asia and the Pacific of International Commission of Jurists, to a total of approximately 40 public prosecutors and judges.
The aim of the seminar was to discuss and contribute to the application of the recently re-introduced prerogative writs, namely, habeas corpus, mandamus, prohibition, quo warranto and certiorari, under Myanmar’s 2008 Constitution which came into force in early 2011.
The seminar allowed ICJ to not only gain a deeper insight into the current writ practices in Myanmar but also permitted the Office of the Attorney General to draw best practices from other countries, such as Australia, Philippines and Malaysia.
The topics addressed during the seminar were the importance of prerogative writs in ensuring justice and upholding the rule of law; specific international standards on the independence of prosecutors and their role in the justice system; how writ cases are handled, challenges faced by the prosecutors and the burden of proof; and the powers of the judiciary to promulgate its own rules to ensure fundamental rights, as in the case of the Supreme Court in Philippines.
Panelists included Justice John Dowd AO QC, former Chairman of the International Commission of Jurists; Justice Adolfo Azcuna, Chancellor of the Philippine Judicial Academy and former Justice of the Supreme Court of the Philippines; and Mr. Andrew Khoo of the Malaysian Bar Council.
Jan 21, 2013 | News
The ICJ calls on the ASEAN Intergovernmental Commission on Human Rights (AICHR) to take an active role in determining the fate and whereabouts of Sombath Somphone, a community leader in Laos.
The ICJ also calls on the AICHR to fulfill its mandate under Article 4, paragraph 1.11 of its Terms of Reference, and develop a common position and strategy for tackling the serious problem of enforced and involuntary disappearances in the ASEAN region.
This position must aim towards hastening the resolution of cases of enforced and involuntary disappearances in the region, as well as effectively preventing these violations in the future.
Sombath Somphone is the founder and former director of the Participatory Development Training Center (PDTC) and 2005 recipient of the prestigious Ramon Magsaysay Award for Community Leadership.
He also led Laos’ civil society groups in participating at the Asia-Europe People’s Forum (AEPF) held in October 2012.
He was last seen being stopped by local police at the Thadeau police station on 15 December 2012, at around 5:00pm.
His family has no information on his fate or whereabouts to this day.
“It should be an urgent concern for the AICHR to give sustained priority to this case and it should vigorously encourage the government of Laos to make every effort to locate him,” said Sam Zarifi, Regional Director of the ICJ for Asia and the Pacific.
“The AICHR should seize this case as a chance to address the issue of enforced and involuntary disappearances in the ASEAN,” Zarifi added. “It should use its mandate to formulate a common position on this issue, to push governments to resolve cases of enforced and involuntary disappearances in the region.”
Following his “disappearance”, the AEPF requested ASEAN parliamentarians to conduct a mission to Laos to investigate the case.
To that end, three parliamentarians from the Philippines, Indonesia, and Malaysia traveled to Laos from 13 to 15 January 2013 and spoke to high-level representatives of government about the “disappearance” of Sombath Somphone.
One of the parliamentarians, Mr. Charles Santiago, observed that the government of Laos had evinced no political will to resolve this case.
He noted the half-hearted efforts of police in investigating this case, as illustrated by the fact that they had only called in twice Ng Shui Meng, Sombath Somphone’s wife, since her husband had been missing.
On both occasions, she was asked questions irrelevant to the case, such as how long they had been married, whether or not they had children, and where they reside.
The parliamentarians made it clear that finding Sombath Somphone, a well-known civil society leader, is crucial.
As pointed out in a public statement by Mr. Walden Bello, the parliamentarian from the Philippines, “the immediate surfacing of Mr. Sombath is in the interest of all parties, of Mr. Sombath and his family, of the Lao PDR, and of the ASEAN.”
The ICJ recalls that all States, including Laos, have an obligation to conduct a prompt, thorough and independent investigation wherever there are reasonable suspicions of enforced or involuntary disappearance.
The ICJ also emphasizes that resolving the case of Sombath Somphone is important not only for Laos, but also for the ASEAN as a region.
His citation for the Ramon Magsaysay Award for Community Leadership indicates he is recognized for “his hopeful efforts to promote sustainable development in Laos by training and motivating its young people to become a generation of leaders.”
His work not only benefits the people of Laos, but also contributes to the aspiration of ASEAN as expressed in its Charter, which is that of ensuring “sustainable development for the benefit of present and future generations and to place the well-being, livelihood and welfare of the peoples at the center of the ASEAN community building process.”
Sombath Somphone is the kind of leader integral to the realization of this vision of the ASEAN.
Contact:
Emerlynne Gil, International Legal Advisor, International Commission of Jurists, Bangkok; m: +66 840923575, email: emerlynne.gil@icj.org
Nov 19, 2012 | News
The ICJ condemns the adoption by the ASEAN of a fatally flawed Human Rights Declaration, and calls on the people in the region and the international community to immediately repudiate the text.
Nov 19, 2012 | Agendas, Events
The ICJ is holding the second part of a seminar on Human Rights and the Rule of Law in a Cross-Cultural Setting from 22 – 23 November 2012 in Bangkok, Thailand. The first part was held last June 2012.
This seminar is organized in collaboration with the Department of Rights and Liberties Protection of the Ministry of Justice Thailand. It is aimed at mid-level government officers so that they may develop a deeper knowledge of the Rule of Law and human rights. This seminar also aims to encourage Thai civil servants across the justice sector to effectively address conflict and crisis within Thailand through a Rule of Law-based approach.
Speakers include Mr. Colin McLean, former Chief Inspector from the Police Service of Northern Ireland, and Mr. Ciaran O’Maolain, former head of policies of the Northern Ireland Human Rights Commission.
Nov 14, 2012 | Agendas, Events
The ICJ is organizing this workshop in collaboration with Cross Cultural Foundation (CrCF) and the Association for the Prevention of Torture (APT) from 17 – 18 November 2012 in Bangkok, Thailand.
The workshop is aimed at supporting and strengthening civil society groups in Thailand in their engagement at the international level to address key issues in the implementation of the UNCAT.
This is a follow-up to a previous workshop held by the ICJ together with the APT and OHCHR last January 2012 where Thai groups decided to submit an alternative report to the UN Committee against Torture.
The November workshop will have discussions on the role of the UN Committee against Torture, as well as key provisions of the UNCAT.
A representative from the Commission on Human Rights of the Philippines will be sharing to Thai groups on the Commission’s experience on drafting an alternative report on the Philippines.
Oct 2, 2012 | News
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)
