Nov 26, 2019 | News
Three exceptional women – Huda Al-Sarari, Norma Ledezma and Sizani Ngubane – are the finalists for the 2020 Martin Ennals Award, a demonstration of the leading position now occupied by women in the defence of human rights. The ICJ is member of the MEA Jury.
In Yemen, Huda Al-Sarari has exposed and challenged the existence of secret prisons and many cases of torture.
In Mexico, Norma Ledezma is fighting against femicides and disappearances.
In South Africa, Sizani Ngubane is fighting for access for women to education and to land.
Three women nominated: a first
Each year, the Martin Ennals Award rewards human rights defenders from around the world who distinguish themselves by their strong commitment to promoting human rights – often at the risk of their own lives.
In 2020, for the first time the Jury nominated three women who defend the fundamental rights of their communities in sensitive contexts.
“The Martin Ennals Foundation is proud to recognize the courageous work of three women. For the 2020 edition, our Jury’s choice reflects the ever-greater global impetus of individuals – whatever their gender – who are committed to respect for human rights and women’s rights in particular,” said Isabel de Sola, Director of the Martin Ennals Foundation.
“The finalists for the 2020 Martin Ennals Award work on different continents, but all three have in common their resilience, determination, a tremendous rigour and, finally, the positive and concrete impact of their work,” added Hans Thoolen, Chairman of the Jury.
In Yemen, where the conflict has been ongoing since 2005, Huda Al-Sarari, a Yemeni lawyer, unveiled the existence of several secret detention centres where the worst violations of human rights were committed: torture, disappearances or even extrajudicial executions.
In South Africa, women face discrimination, the worst expression of which is widespread gender violence. In rural communities, they frequently have their land expropriated and are deprived of access to education and justice. Sizani Ngubane founded an organization of more than 50,000 women from rural areas in her country and has fought successfully for over 40 years for the recognition of their rights.
In Mexico, the civil population is paying a high price for the weakness of the rule of law which is underpins widespread violence and impunity. Women are the primary victims, with more than 3,500 femicides committed each year. Norma Ledezma, who is the mother of one of the victims, puts all her energy into supporting families seeking access to justice in the state of Chihuahua.
The finalists were selected by a jury made up of representatives of ten of the world’s leading human rights organizations: the ICJ, Amnesty International, Human Rights Watch, Human Rights First, International Federation for Human Rights, World Organisation Against Torture, Front Line Defenders, EWDE Germany, International Service for Human Rights and HURIDOCS.
The 2020 Martin Ennals Award will be given to one of the three finalists on 19 February 2020 at a livestreamed public ceremony. The event is hosted by the City of Geneva which, as part of its commitment to human rights, is a longstanding supporter of the Award.
Contact
Olivier van Bogaert, Director Media & Communications, ICJ representative in the MEA Jury, t: +41 22 979 38 08 ; e: olivier.vanbogaert(a)icj.org
Chloé Bitton, Communications Manager, Martin Ennals Foundation, t +41 22 809 49 25 e: cbitton(a)martinennalsaward.org
Universal-MEA2020bios-News-2019-ENG (full bios of finalists, in PDF)
Universal-MEA2020bios-News-2019-ARA (full story and bios of finalists in Arabic, PDF)
Nov 1, 2019 | News, Op-eds
An opinion editorial by Shaazia Ebrahim, Communications Consultant for ICJ’s Africa Programme.
Nomfundo Ngobese (25) was used to waking up at 4am to walk the 35km from her home in Nquthu, northern KwaZulu Natal (KZN) to school. In the blistering heat and the freezing cold, crossing rivers and sometimes dodging rain and lightning, Ngobese, was like many South African school learners who walked for hours to get to and from school each day.
“We had to wake up past 4 so that at past 5 we can go to school. In winters when we had to go to school, it was dark. We didn’t feel safe… We didn’t even realise the difficulties our smaller siblings were facing. It’s a thing that we just got used to,” Ngobese said.
While learners all over South Africa walk for hours every day to get to school and back home, KZN has the greatest need for scholar transport. According to the 2016 General Household Survey done by Statistics South Africa, some 483 633 learners in KZN walk more than half an hour in one direction to school each day.
But the end of the battle for learners with similar experiences to Ngobese could be in sight.
On October 23, Ngobese joined other Equal Education (EE) post-school youth organisers in picketing outside the Pietermaritzburg High Court. EE, represented by the Equal Education Law Centre (EELC), had sued the KZN Department of Education (DoE) to court to force the government into releasing the provincial scholar transport policy, which should have been available in December 2018.
They emerged victorious when government committed to releasing its Scholar Transport Policy for public comment by 31 January next year. Should the KZN DoE fail to comply, it will have to answer to the courts. The release of this policy is a critical step in ensuring that more learners will be able to have access to school transportation.
EE has been working to achieve free and safe scholar transport in Nquthu since 2014, after Equalisers told EE about the difficulties they faced with scholar transport. Learners highlighted the challenges they faced walking very far distances in extreme heat and in thunderstorms, and crossing rivers and mountains, at great risk of violent crime including sexual assault. Many learners said they felt tired and hungry after the long walk, and could not concentrate properly in class or perform well at school.
“I was once an Equaliser myself and I once walked to school every morning and afternoon,” Palisa Motloung (21) said. “We were never sure what’s going to happen on those routes. I remember this one time when I was walking with my friend, and then we passed a bush and there were men there talking. We couldn’t tell if they were talking on this side or that side of the fence because it was dark. It was very scary, we literally had to run. It was quite an experience and I don’t wish any child should go through that,” Motloung said.
After local visits to schools in Nquthu in 2014 and 2015, EE wrote to the KZN Department of Transport (DoT) and KZN DoE about these hardships learners were facing, and requested information about how they were providing scholar transport in the province. Governments’ replies were unsatisfactory, with the DoE responding that it found that only one of the 12 schools EE discussed qualified for scholar transport.
After long back and forth with government, who provided scholar transport in dribs and drabs, EE found that there was still a desperate need for scholar transport. Government officials claimed that five of the 12 schools did not qualify for scholar transport because learners were not attending the schools closest to their homes. They conceded that seven of the 12 schools did qualify for scholar transport, but said there was no money to provide it. EE took the matter to court.
This is not the first time that a provincial department of education has sued in South Africa for a failure to provide transport for learners. In 2015 the Judge Plasket of the Eastern Cape High Court held in a similar case that “The right to education is meaningless without … transport to and from school at state expense”.
The initial case was set to be heard at the Pietermaritzburg High Court. But before the hearing began, the lawyers representing EE and the lawyers representing the KZN government entered into negotiations with the KZN DoE and KZN DoT made certain promises. The order granted by the Pietermaritzburg High Court stated that the KZN DoE promised to provide scholar transport to learners in the 12 Nquthu schools by 1 April 2018.
While this was a momentous victory for EE, as part of ongoing court processes, the organisation filed a response to the KZN DoE report to the court, recognising the important steps that it had taken, but also noting significant gaps that remain.
The EE urged the KZN DoE in June last year to provide clear timelines for the finalisation of its scholar transport policy. This is a crucial step to clarify which learners qualify for government-subsidised scholar transport, how the KZN DoE and the KZN DoT will work together to provide scholar transport, and how learners’ safety will be ensured.
This report has been delayed for over a year now, but if the decision of the Court is to be implemented, it will be released in January next year.
After coaxing from South African civil society, including EE, The National Learner Transport Policy was finally published in October 2015. The policy contains important scholar transport guidelines and principles that provinces should adhere to. However, while this policy has been finalised, it has yet to be adopted.
The government’s failure to provide learners with transport is a violation of the right to basic education which is protected under the South African Constitution and international law. The International Covenant on Economic Social and Cultural Rights, which South Africa ratified makes clear that education must be free for all learners at a primary school level and should progressively be made free for all learners at all levels.
Free education includes not only the absence of fees but also all other costs include free, reliable and safe transport. This means learners have a right to access their schools safely, and on time, so that they can use their energy to concentrate in class. For many learners in South Africa this is impossible without government funded transport.
“Most of the time, [schoolchildren] wake up very early and they get to school very hungry and tired. This affects their school percentage, the pass rate of the school also gets affected because of the long kilometers that children have to walk to school,” Sanele Zulu (22) said.
“I walked to school but I didn’t even know it was a wrong thing to do until Equal Education came and opened our minds. Even our parents didn’t know it was wrong, they thought that because in the olden days they walked long distances, so we must get used to it. But when EE came to our rural village, something went off in our eyes and we saw things in a different way,” Ngobese said.
Reflecting on their own experiences during school Ngobese, Motloung, and Zulu, continue to use their voices for learners who walk long distances to go to school. Equal Education, with the legal assistance of EELC, continues to advocate for the rights of learners in KwaZulu-Natal and all over South Africa.
Even though the persistent delays in the development and implementation of government policies to facilitate free, safe transport to and from schools is a cause for concern, learner’s faith in the judicial system and rights-based advocacy should be a source of optimism about the future of constitutional democracy in South Africa.
This op-ed was originally published in the Mail & Guardian.
Oct 16, 2019 | Multimedia items, News, Video clips
ICJ’s first ever fundraising gala took place on 14 October at the iconic setting of the Palais Eynard in Geneva.
Sami Kanaan, Counselor and former Mayor of the City of Geneva, which provided its generous support, opened the event by speaking of the importance of the ICJ cooperation with the local legal community.
Next, several speakers offered a few answers to the theme of the evening: ‘Geneva, the defense of the Rule of Law: what can I do?’.
Pierre de Preux, former Bâtonnier, explained the great value that can be brought to defending rule of law in the world by supporting the ICJ through missions, as he himself did in Tunisia in the 80s.
He was followed by ICJ Commissioners Sir Nicolas Bratza (former President of the European Court of Human Rights), who discussed backsliding on human rights in contemporary Europe; lawyer Reed Brody, who discussed his work in bringing powerful dictators to account for human rights atrocities; and Justice Martine Comte of France, who described her experience in leading ICJ missions in Central Asia.
The ICJ President Prof. Robert Goldman and ICJ Secretary General Sam Zarifi also addressed the attendees.
The exchange was then followed by an inspiring concert by the young virtuosi of the Menuhin Academy and a delicious Buffet cocktail provided by refugee Chefs Jena Hamza (Syrian Kurd) and Sritharan Tambithurai (Sri Lanka). All in all, a wonderful evening combining substance, beauty and friendship.
Watch the video here:
Oct 3, 2019 | News
Today, the ICJ, the Regional office of the UN High Commissioner for Human Rights (OHCHR) for Central Asia and the High School of Judges of the Republic of Uzbekistan (HSJ) are organizing a national training on “International law on economic, social and cultural (ESC) rights.”
This two-day training is one of series of similar trainings, held in 2019 and 2020, that will address international law on issues including rights to healthcare, education, housing and rights in the workplace.
The training sessions aim to build the capacity of judges, lawyers, prosecutors, legal academics and other representatives of the civil society on international standards on ESC rights, to share best practices on compliance by States with their international obligations, including through judicial practices related to ensuring access to justice for ESC rights.
The training sessions ensure diversity and networking opportunities between members of the judiciary and others legal practitioners.
Each training consists of four modules on (1) introduction to international law on ESC rights; (2) International obligations concerning access to justice and remedies for ESC rights in national courts; comparative examples of good practice; (3) Children’s ESC rights and (4) Women’s ESC rights.
Head of the EU Delegation in Uzbekistan Ambassador Eduards Stiprais pointed out, “Uzbekistan is taking serious international commitments to align its legislation with international norms and practices. Under Uzbekistan Constitution, these international commitments take precedence over the national law. They will reinforce the rights of Uzbekistan citizens and international investors. This will boost the economic and social development of the nation, but it will also put high demands to the judiciary system to ensure that its decisions fully comply with international norms and offer remedies against all breaches.”
Ryszard Komenda, OHCHR Regional Representative for Central Asia, noted that “Uzbekistan since 1995 has committed itself to ensure implementation of provisions of the International Covenant on Economic, Social and Cultural Rights (ICESCR).
To date, Uzbekistan has already submitted three national periodic reports on implementation of the Covenant. The third national report was submitted in June 2019 and will be reviewed after 2020.
The UN Committee, tasked to oversee states’ compliance with their commitments under the ICESCR, has issued a number of recommendations for Uzbekistan.
Many of them highlight the instrumental role of training on economic, social and cultural rights as a means to build capacity of state actors to respect, protect and fulfil human rights.
Only through comprehensive understanding of the content of each right and realizing that all human rights are interrelated, indivisible and interdependent, it will be possible to guarantee holistic implementation of existing international human rights obligations of Uzbekistan”.
“These trainings are an important part of capacity building which is essential in ensuring the effectiveness of the reform of the judiciary,” said Róisín Pillay, Europe and Central Asia Programme Director of the ICJ.
“It is vital to build capacity of different actors of the justice system: members of the judiciary, law enforcement agencies, lawyers and civil society, to ensure a greater impact. Together with the OHCHR and the Supreme School of Judges and the great support of the EU Delegation in Uzbekistan, we could provide the space necessary for learning about international human rights law and, in particular, its various aspects related to economic, social and cultural rights,” she added.
The Director of the Higher School of Judges briefly spoke about the activities of the Supreme School of Judges (SSJ), and also noted the recent arrival of the UN Special Rapporteur on the independence of judges and lawyers, Mr. Diego Garcia Sayan, who paid special attention to the establishment of the SSJ, along with other judiciary reforms in Uzbekistan.
“The international seminar in which we have gathered today gives us the opportunity to establish networking with other organizations and bodies through promotion of economic, social and cultural rights. The exchange of ideas and experience in the necessity of the modern world, for the mutual development of the judiciary, education and the society as such,” said Khodji-Murod Isakov, the Director of the Higher School of Judges.
The national trainings are organized in the framework of project “Advancing Civil Society in Promoting ESCR Standards (ACCESS)” funded by EU through the European Instrument for Democracy and Human Rights (EIDHR).
There will be two more similar trainings in 2020 and all trainings materials at the end will be translated into Russian and Uzbek languages for further reference and use. Moreover, the trainings materials will be publicly available in 2020 for wider outreach and promotion of international law and ESC rights standards.
Contact
Dilfuza Kurolova, ICJ Legal consultant, t: +998 90 9050099 ; e: dilfuza.kurolova(a)icj.org
Download
Uzbekistan-National Training ESCR-News-2019-ENG (full story in PDF)
International law on economic, social and cultural (ESC) rights (4 training modules in Russian – PDF).
Oct 2, 2019 | News
Today, the ICJ, Regional Office of the UN High Commissioner for Human Rights (OHCHR) for Central Asia and the Nationwide Movement “Yuksalish” are holding an Expert Discussions on economic, social and cultural rights (ESC) rights and standards in Uzbekistan.
The topic of the Fourth Expert Discussions is “Access to justice for housing rights: international and national perspectives.” This discussion will be focused on the right to adequate housing.
The Expert Discussions are aimed at increasing awareness about the implementation of international law and standards on ESC rights by national courts, to facilitate access to justice in relation to ESC rights and effective use of international human rights law for ESC rights at the national level.
Each Expert Discussion is supported by presentations of international and national experts.
The first experts’ meeting was held in September 2018 on international standards in labour rights, the second meeting – held in December 2018 touched upon the principle of non-discrimination in courts and court decisions, and the third meeting – held in March 2019 – was dedicated to the rights of people with disabilities.
These three events brought together lawyers, defense lawyers, individual experts, civil society activists, NGOs, academia representatives and law students via interactive discussions, research papers, peer review articles and policy papers.
“In recent years, large-scale work has been carried out in Uzbekistan to provide housing for the rural population through the construction of affordable residential buildings according to updated standards. However, participatory decision-making is in need to guarantee housing rights. It is vital to create opportunities for various groups to speak out on the topic and establish an open dialogue. We hope that today`s platform is one of such tools for exchange of opinions,” said Akmal Burkhanov, Chairperson of the Nationwide Movement “Yuksalish”.
Head of the EU Delegation in Uzbekistan Ambassador Eduards Stiprais said: “Economic, social and cultural rights are fundamental rights for every individual. They are also fundamental for the economic development of the society. No man and no company will invest in improving its situation unless it can rely on its right to appropriate the fruits of its investment.”
Helena Fraser, UN Resident Coordinator, noted in her opening remarks that “under Sustainable Development Goal 11 by 2030 all UN member States commit to “make cities and human settlements inclusive, safe, resilient and sustainable. The nationally adopted SDG targets for Uzbekistan are to ensure access to affordable housing for all; and to increase the scale of participatory planning of human settlements”.
“These, our fourth expert discussions on economic and social rights, are devoted to the important issue of the right to adequate housing, a right that is well established in international human rights law. We aim to hold a constructive discussion, informed by international law as well as national best practices, to find ways to address an array of issues linked to housing rights in Uzbekistan. We would like to thank the EU Delegation for their support, as well as our partners – the Regional UN Human Rights Office (OHCHR) for Central Asia and the Nationwide movement “Yuksalish”,” said Róisín Pillay, Europe and Central Asia Programme Director of the ICJ.
Background
Uzbekistan ratified the International Covenant on Economic, Social and Cultural Rights (ICESCR) in 1995. In 2014, the Committee on Economic, Social and Cultural Rights recommended Uzbekistan “to take appropriate measures, including legislative and other measures, to provide all evicted persons with alternative accommodation or adequate compensation”.
The third national periodic report of Uzbekistan on implementation of provisions of the ICESCR was submitted in June 2019. The list of questions regarding the submitted report will be adopted in March 2020.
The Expert Discussions are organized in the framework of the project “Advancing Civil Society in Promoting Economic, Social and Cultural Rights’ (ESCR) Standards (ACCESS)” funded by the EU through the European Instrument for Democracy and Human Rights (EIDHR).
Contact
Dilfuza Kurolova, ICJ Legal consultant, t: +998 90 9050099 ; e: dilfuza.kurolova(a)icj.org
Download
Uzbekistan-Expert discussions ESCR-News-2019-ENG (full story in PDF)
