Nov 25, 2018 | News
The International Commission of Jurists (ICJ) welcomes the formal declaration of the Gambia to allow individuals and certain non-governmental organizations with observer status access to complain of human rights violations against the Gambian State at the African Court on Human and Peoples Rights.
Gambia became the ninth African State to make the declaration to allow individual access the African Court on Human and Peoples Rights. The ICJ called on other States to follow suit rapidly.
“The Gambian government should be applauded, but more African States need to step up to reinforce their international human rights obligations by allowing victims of violations direct access to the Court and to empower the African Human Rights Court to do the work for which it was set up.” said Arnold Tsunga, Director of the ICJ African Regional Progamme. “It is only through extensive depositing of article 34(6) by the majority of African states that the court can be truly an African Court”.
In addition to granting access to individuals, the Declaration made under article 34(6) of the Protocol to the African Charter on Human and Peoples’ Rights triggers the courts jurisdictional competency under article 5(3) to allow for a limited number of NGOS access.
“The promise of human rights protection under the African human rights system can only be realized when political leaders match rhetoric with such action as allowing individuals to seek an effective remedy by direct access to regional human rights mechanisms like the African Court,” added Arnold Tsunga.
The ICJ emphasized that despite the significant human and material resources invested in the Court since its establishment in 2006, the African Court has been unavailable to great majority of Africans, since very few States had so far entered the declaration recognizing its competency.
Other States that have previously made declarations include Benin, Burkina Faso, Côte d´Ivoire, Ghana, Malawi, Mali, Tanzania and Tunisia.
Although, complaints of human rights violation can only be brought directly before the Court against the nine States that have made the declaration, victims of human rights violation of almost all African States can already bring claims against other states through the non-judicial communication procedure available at the African Commission on Human and Peoples´ Rights.
The ICJ stressed while access to the Commission’s procedures is important, it was not an adequate substitute for the kind of binding legal remedy that can be only ordered by a Court. The ICJ noted poor rate of compliance with decisions of the African Commission.
Contacts:
Arnold Tsunga, Director of the Africa Regional Programme, International Commission of Jurists C: +263 77 728 3248, E: arnold.tsunga(a)icj.org
Solomon Ebobrah, Senior Legal Advisor, Africa Regional Programme, International Commission of Jurists.C: +234 803492 7549, E: solomon.ebobrah(a)icj.org
Nov 22, 2018 | News
The ICJ welcomes the landmark decision by the North Gauteng High Court in the Duduzile Baleni and 128 Others v Minister of Mineral Resources in which the Court affirmed the principle of free, prior and informed consent in relation to mining activities.
On Thursday the 22nd of November 2018, the Court declared that the Minister of Mineral Resources cannot grant a license to any mining company without first obtaining the full and informed consent of the affected community.
It concluded: “The applicants in this matter [have] the right to decide what happens with their land. As such they may not be deprived by their land without their consent. Where the land is held on a communal basis – as in this matter – the community must be placed in a position to consider the proposed deprivation and be allowed to take a communal decision in terms of their custom and community on whether they consent or not to a proposal to dispose of their rights to their land.”
“This decision is a positive step towards protecting the rights of vulnerable communities from the excesses of States in the benefit of corporations. Informed consent from affected communities is vital for economic activities to bring development that enriches the lives of the communities where the companies operate,” said Arnold Tsunga, ICJ Africa Regional Programme Director.
“The ICJ will continue to support the community through its cooperation with Ms. Nonhle Mbuthuma of the Amadiba Crisis Committee. We regard the community as Human Rights Defenders who are fighting to protect their internationally recognized economic, social and cultural rights,” he added.
The ICJ calls on the South African government to respect the judgment which conforms with the requirements of South African legislation, the South African Constitution, judgments of the Constitutional Court of South Africa and international human rights law.
Contact
Arnold Tsunga, Director of the ICJ Africa Regional Programme, m: +263 77 728 3248, e: arnold.tsunga(a)icj.org
South Africa-Xolobeni decision-News-web story-2018-ENG (full stroy with additional information, in PDF)
Nov 17, 2018 | News
The Judicial Service Commission (JSC) of Zimbabwe with the support of the ICJ convened a two-day workshop from 16 to 17 November 2018 in Harare to train magistrates designated to the anti-corruption court. 56 Magistrates (39 males 17 females) attended the Workshop.
Speaking during the workshop the Honourable Chief Justice, Luke Malaba encouraged the magistrates to work diligently to “flash out” corrupt elements from society.
He lamented that the current court practice seems to merely launder accused persons through constant remands which eventually lead to failed cases resulting in impunity for corruption in the country.
He pointed out that corruption is a threat to the rule of law urging the judiciary to be conscientious in dealing with corruption cases.
The workshop is part of a broader justice sector intervention by the JSC with the support of the ICJ, through generous funding provided by the European Union (EU) targeting combating corruption in the legal system.
The two-day training meeting looked at equipping 56 magistrates with the skills and knowledge to adjudicate cases of white-collar crime.
The training covered international best practices in the setting up of such courts, substantive law on corruption and practical court administration issues.
Besides the quality of the investigations, the effectiveness of the anti-corruption courts will also depend on the integrity and competency of the officers appointed to preside over them.
This workshop is one of a number of initiatives that the JSC are effecting with the support of the ICJ and the EU to contribute to a reduction in the levels of corruption and strengthen the ability of the justice system to resolve corruption and resource diversion cases in Zimbabwe.
Contact
Brian Penduka on brian.penduka(a)icj.org or +263772274307
Oct 3, 2018 | News
Today, the South African Judicial Education Institute (SAJEI) and ICJ held a workshop for judicial officers on housing rights in terms of South African and international human rights law.
The workshop, which was held in Johannesburg, was attended 46 participants from South Africa’s 9 provinces. It formed part of a “Human Rights Week For Judicial Officers” run by SAJEI, which on other days also covered “Refugee Rights”, “LGBTI Rights”, and “Gender and HIV”.
The objective of the SAJEI-ICJ workshop was to discuss the role of judicial officers in housing rights cases.
The content of the workshop was collaboratively determined in consultation with magistrates responsible for conducting the training of other magistrates around the country.
It sought to respond to their requests information and resources to assist in their daily decision-making.
The workshop was facilitated by a range of magistrates from around the country and judicial educators at SAJEI.
A keynote address on “Constitutional Imperatives on Rights to Housing” was presented Judge Antonie Gildenhuys, a retired judge who sat both on the High Court and the Land Claims Court in South Africa.
Workshop facilitators drew on a draft manual on housing rights, which the ICJ is working with SAJEI and a working group of magistrates to develop.
The manual’s particular focus is on international human rights standards from a range of sources including the International Covenant on Economic Social and Cultural Rights, general comments of the Committee on Economic, Social and Cultural Rights.
It is hoped that, when finalized, magistrates will be able to draw on this manual to assist in their adjudication of housing rights cases.
To assist judicial officers in understanding the challenges faced by communities advocating to prevent unlawful evictions and secure access adequate housing, Mr Thapelo Mohapi (General Secretary of Abahlali baseMjondolo) and Ms Susan Mkhwanazi (Slovo Park Community Forum) were asked to make presentations on their “lived experiences” in attempting to access protection on the right to housing.
Their important insights contributed immensely to the success of the workshop and were well received by the magistrates.
Opening remarks were delivered by Dr Gomolemo Moshoeu (CEO of SAJEI) and Mr Arnold Tsunga (Africa Director of the ICJ).
“We at the ICJ are very happy that the magistrates expressed a desire for more continuous legal education in the area of legal enforcement of economic and social rights given that historically very little attention has been paid to equipping magistrates with requisite information and resources to ensure consistent application of human rights standards in this area,” reflected Arnold Tsunga after the event.
Contact:
Timothy Fish Hodgson, ICJ Legal Adviser, t: +27828719905 ; e: timothy.hodgson(a)icj.org
Oct 1, 2018 | Advocacy, Non-legal submissions
Today, the ICJ makes a submission to the UN Committee on Economic, Social and Cultural Rights in advance of Committee’s examination of South Africa’s initial periodic report under the International Covenant on Economic, Social and Cultural Rights.
South Africa ratified the Covenant in 2015. This is the first time that the Committee has the opportunity to review a report from South Africa on the implementation of its Covenant obligations.
The ICJ’s oral submissions will focus on the rights to work and an adequate standard of living.
The ICJ’s full written submissions also include emphasis on the rights to education, work and housing of persons with disabilities and recommend that the Committee recommend that the Government of South Africa make time-bound commitments to participative processes leading to:
1. The full domestication of Covenant in South African law
2. A comprehensive review of South Africa’s domestic laws and policies on ESC rights to ensure that they are implemented consistently with South Africa’s obligations in terms of the Covenant; and
3. The ratification of Optional Protocol to the International Covenant on Economic, Social and Cultural Rights.
In a joint statement with other civil society organizations, ICJ Legal Adviser Timothy Fish Hodgson said: “Unlike the South African Constitution, the International Covenant on Economic, Social and Cultural Rights contains a right to work. By ratifying the Covenant in 2015, the government has made a legally binding commitment to progressively eliminate unemployment and ensure that all work – whether in the formal or informal sector – is decent work.”
“As a result, for example, “both the level of the national minimum wage and measures taken by the government to combat South Africa’s 37.2% unemployment rate, should be evaluated in terms of the rights to work and the right to an adequate standard of living,” he added.
The ICJ’s oral submission is available here: South Africa-South Africa Review-Advocacy-Non Legal Submission-2018-ENG
The ICJ’s full written submissions are available here
The South African government’s full report to the Committee is available here
A live stream for the Committee’s proceedings is available here
