Jun 30, 2015 | News
The ICJ welcomes the decision of the Supreme Court of Swaziland to uphold the appeal of imprisoned human rights defenders Thulani Maseko and Bheki Makhubu and ordering their immediate release.
“The decision marks a victory for the rule of law in Swaziland,” said ICJ Secretary-General Wilder Tayler. “We hope that this is but the first of many steps to come in restoring the integrity of the courts and reinforcing the respect for the rule of law that has undergone so much erosion in recent years.”
The ICJ considers that while the release of the two men is a necessary step for justice for the two men, alone it is not enough.
The government of Swaziland should ensure adequate reparation for their wrongful imprisonment.
More broadly, it must engage in legal and structural reforms necessary to ensure the fair and effective administration of justice, the independence of the judiciary and respect for human rights in the country.
Thulani Maseko and Bheki Makhubu were arrested on 17 March 2014 under contempt of court charges for having written articles criticizing the manner in which the then Chief Justice (CJ), Michael Ramodibedi, had handled the case of another defendant, Bhantshana Gwebu.
Mr. Gwebu had been arraigned before the CJ without legal representation, charge sheet or being informed of his rights to apply for bail.
The trial of Thulani Maseko and Bheki Makhubu was riddled with violations of basic due and fair trial principles, as affirmed by the UN Working Group on Arbitrary Detention (WGAD), which ruled on a complaint in Thulani Maseko’s case.
Background
The trial of Thulani Maseko and Bheki Makhubu resulted in their conviction and a two-year prison sentence It was improperly conducted before a presiding judge, Mpendulo Simelane, who was a potential witness and had a direct interest in the case.
They had been in custody since their arrest, save for a three-day release in June 2014, and were due for final release on the 17 July 2015.
The ICJ has previously issued a number of statements after conviction by the High Court, underscoring that the prosecution and trial Court’s judgment had constituted a breach of Swaziland’s obligations to respect the rights to freedom of expression and fair trial.
The UN WGAD opinion issued on 22 April 2015 held that the deprivation of liberty of the accused was arbitrary and in contravention of the Universal Declaration of Human Rights and Swaziland’s obligations under the International Covenant on Civil and Political Rights (ICCPR).
The WGAD also emphasized that Swaziland should release the accused and facilitate the enforceable right to compensation in accordance with article 9 of the ICCPR.
In the appeal hearing yesterday, the Crown conceded most of the legal arguments by defence counsel and in particular that Judge Simelane ought to have recused himself from presiding over the case.
The Supreme Court’s written judgment is expected to be issued at the end of the session of its sitting.
Read also:
Swaziland: ICJ condemns the harsh prison term imposed on Thulani Maseko and Bheki Makhubu
Swaziland: ICJ condemns the conviction of celebrated human rights lawyer and prominent journalist on charges of contempt of court
Swaziland: ICJ concerned at detention of human rights lawyer and journalist
American Bar Association’s statement
Contact:
Arnold Tsunga, Director, ICJ Africa Regional Programme, t +27 716 405 926 or +41 76 239 90 32 e: arnold.tsunga(a)icj.org
Matt Pollard, Senior Legal Adviser, ICJ’s Centre for the Independence of Judges and Lawyers, t: +41 22 979 38 12, e: matt.pollard(a)icj.org
Jun 26, 2015 | News
On 24 and 25 June 2015, the ICJ and the Law Society of Zimbabwe (LSZ) organized a 2 day workshop at the A’Zambezi River Lodge in Victoria Falls, on Economic Social and Cultural (ESC) Rights.
It brought together legal practitioners and NGO representatives involved in the protection of economic, social and cultural rights.
The main objective of the workshop was to share knowledge on international and national standards for the guarantee and protection of ESC Rights.
The meeting also sort to consult practitioners on and validate the new ICJ guide on ESC Rights litigation in Zimbabwe.
The Guide on ESC rights seeks to give greater effect to the rights enshrined in the Constitution.
The 2013 Constitution contains a comprehensive bill of rights including ESC rights.
The Constitution includes important provisions and arrangements for the guarantee of accessible and effective remedies including judicial remedies for rights-holders whose rights are violated.
In adopting this new Constitution, Zimbabwe has joined the increasing group of States that have equipped themselves with a domestic law that guarantees and protects all human rights.
This integrates and converges with international human rights law, in respect of which there has been remarkable progress in recognizing the need for specific protection of various categories of rights-holders such as women, children or persons with disabilities.
Judges in domestic courts have a vital role to play in enforcing and interpreting national laws in compliance with the international human rights standards and obligations to which the State has committed.
Judges and lawyers will need enhanced knowledge of this framework and will benefit from comparative experiences in using it.
The guide seeks to respond to this context and these needs. It is this imperative that has also led to ICJ organizing this workshop.
Jun 24, 2015 | News
The workshop took place from 22-24 June in Victoria Falls and had a special focus on children’s rights as a particularly vulnerable group.
Its primary objective was to create a pool of jurists and activists with the knowledge and ability to undertake strategic litigation before national or regional courts in the interest of victims of human rights abuse by business enterprises in the Southern/Eastern Africa region.
To this end the meeting brought together legal practitioners and Human Rights Defenders involved in human rights legal accountability of business enterprises.
This workshop gathered together a selected group of human rights advocates from Malawi, Zambia, Botswana, Zimbabwe, Uganda, Kenya and Tanzania working on cases relating to business’ human rights abuse.
In East and Southern African countries mining represents a significant part of the national economies and annual GDP.
Tanzania, Malawi, Zambia, South Africa, Botswana and Mozambique have seen the inflowing investments grow in recent years, but it is not clear that this trend has meant improvements in the realization of human rights, especially economic and social rights.
Child labour is endemic, and its occurrence in tobacco plantations subject children to additional hazards to their health and wellbeing.
Mining and oil exploration creates problems to local communities who are not properly consulted or benefit from the activity and usually bear the brunt of environmental degradation and pollution associated with those extractive industries.
Business enterprises are in many instances complicit with State’s violations of human rights.
The meeting also sought to provide legal and other tools to community representatives and litigators who want to start strategic litigation in the public interest.
This flows from the realisation that effective remedy and reparation for victims of business human rights abuses, especially in a transnational context, remains elusive as ever and confronts a series of legal and procedural obstacles.
Access to effective remedy and justice is a priority objective in the context of work relating to the human rights responsibilities of business enterprises.
Jun 16, 2015 | Events, News
The ICJ is organizing this workshop from 22 to 24 June 2015 at the Imba Matombo Lodge in Harare, Zimbabwe. The meeting will bring together legal practitioners, judges and prosecutors involved in human rights legal accountability of business enterprises.
The workshop will have a special focus on children’s rights as a particularly vulnerable group, but will cover human rights broadly.
Its objective is to create a pool of jurists with the knowledge and ability to undertake strategic litigation before national or regional courts in the interest of victims of human rights abuse by business corporations in the Southern and Eastern Africa regions.
It specific objectives are to provide legal and other tools to community representatives and litigators who want to start strategic litigation in the public interest ; to provide opportunities to establish a link with international lawyers and groups to help in litigation in other countries ; and to provide information on available resources, mechanisms, and strategies for effective litigation.
Email applications can be sent to Dr Carlos Lopez: carlos.lopez(a)icj.org ; or Otto Saki: otto.saki(a)icj.org
Jun 10, 2015 | News
The ICJ today welcomed the opinion by The United Nations Working Group on Arbitrary Detention (UNWGAD) condemning as arbitrary the detention of prominent human rights lawyer Thulani Maseko and calling on the Government of Swaziland to ensure his immediate release.
