Dec 18, 2017 | Multimedia items, News, Video clips
Raquel Yrigoyen Fajardo, Karabo Ozah and Charles Dinda talk about traditional justice systems in video interviews recorded at the 2017 ICJ Geneva Forum.
Dr. Raquel Yrigoyen Fajardo, Lawyer and Professor at the Law Faculty of the Pontifical Catholic University of Peru, and founding member of the International Institute on Law and Society (IIDS), describes the survival and contemporary recognition of justice systems of indigenous peoples in the Americas, despite the history of colonial domination.
She argues that indigenous justice systems often already reflect many international human rights standards, and where there may be discrepancies change should be sought through respectful engagement and consultation rather than coercive imposition.
In contrast, Ms Karabo Ozah, Deputy Director of the Centre for Child Law at the University of Pretoria in South Africa, argues that it is crucially important to ensure that customary and traditional courts respect domestic legislation and international standards on human rights.
Otherwise she warns, based on her experience, customary courts too frequently fail to protect the rights of marginalized groups, children, LGBTI, and women.
Charles Dinda, Senior Legal Adviser with the Danish Institute for Human Rights in Zambia, points out that while traditional and customary justice institutions are the most easily accessible and in many respects most credible institutions for some populations, their decisions are too often inconsistent or unfair.
To avoid this, he insists on the importance of understanding and studying the way these systems operate and on the need to engage with them to learn about their practices and to build their capacities so that they have better knowledge of international human rights standards and indeed of the national laws in the countries where they operate.
Watch the interview with Dr. Raquel Yrigoyen Fajardo
Watch the interview with Karabo Ozah
Watch the interview with Charles Dinda
NOTE:
The views expressed by the participants do not necessarily reflect those of the ICJ.
For more information about the 2017 Geneva Forum on Customary and Traditional Justice Systems, click here or contact matt.pollard(a)icj.org .
Dec 12, 2017 | News
Zimbabwe’s new government must urgently restore the rule of law and ensure free and fair elections, said the ICJ at the conclusion of a visit by its Secretary General Sam Zarifi to the country.
After the recent military intervention in Zimbabwe that led to the ouster of former President Robert Mugabe, the government headed by Emmerson Mnangagwa is expected to remain in office until new elections, currently scheduled to be held before August 2018.
“The change in leaders in Zimbabwe presents an opportunity to reverse decades of damage to the rule of law and respect for human rights in the country,” said Zarifi, ICJ’s Secretary General.
“As an immediate matter, the new government must take concrete steps that demonstrate it is committed to observing the country’s obligations under international law, as well as the human rights protections of Zimbabwe’s own constitution,” he added.
The ICJ calls on the government of Zimbabwe to:
- ensure free and fair elections are held as scheduled, and the country’s electoral laws comply with the Constitution and international standards;
- accelerate measures to ensure compliance of all relevant laws with the country’s constitution and its international legal obligations;
- ensure the independence of the judiciary and the legal system;
- ensure all those arrested and detained during the military intervention are identified and brought immediately before an independent and impartial tribunal, and, where charged with recognized crimes, are given fair trials;
- investigate all allegations of unlawful deaths, torture or ill-treatment, and arbitrary arrest and detention;
- ensure the military acts within strict legal bounds, operates under civilian control, and does not engage in arrest and detention of civilians;
- ensure all security forces, including the police and the military, are subject to accountability and receive proper and adequate training in performing their duties in conformity with international human rights standards; and
- provide credible mechanisms to combat corruption in all branches of government, and ensure that anti-corruption efforts are not politicized.
“Zimbabwe’s military has played a central role in the country’s affairs for decades, while civilian institutions have suffered under intense political pressure, at great cost to the people of the country,” Zarifi said.
“Zimbabwe should grasp this opportunity to demonstrate that it can and will strengthen the rule of law and respect for human rights in order to improve the lives of all people in the country.”
Contact
Arnold Tsunga, ICJ-Director: Africa Regional Programme, t: +27716405926, e: arnold.tsunga(a)icj.org
Dec 11, 2017 | News
Discussions on the future of the European human rights system should focus on effective national implementation of human rights obligations and should protect the Court from undue political pressure, the ICJ and other NGOs said today.
The ICJ and other human rights NGOs that participated in the High-Level Expert Conference ‘2019 and Beyond: Taking Stock and Moving Forward from the Interlaken Process’, held in Kokkedal, Denmark from 22-24 November 2017, commended the Danish Chairmanship of the Council of Europe for its stated commitment to involving civil society throughout the process leading up to the adoption of a political Declaration on the European Convention on Human Rights’ system in April 2018.
The NGOs believe that the anticipated Copenhagen Declaration should emphasize:
- The need for enhanced measures at the national level to prevent and address violations of the Convention rights – in particular to remedy systemic and institutional problems – and to implement the Court’s judgments.
- The need for the Committee of Ministers to take more effective action to support and ensure thorough and prompt execution of judgments, through individual and general measures.
- The importance of nominating the most- qualified candidates as judges of the Court.
- That it is a fundamental principle of the rule of law that the Court should be free from political interference.
The NGOs urged the Danish Chairmanship and all Member States to refrain from any reforms that would place undue pressure on the Court in its interpretation and application of the Convention. Any undermining of established jurisprudential principles, such as the dynamic interpretation of the Convention, must be rejected.
Europe-NGO statement on ECHR reform-News-web story-2017-ENG (full story in PDF)
Dec 5, 2017 | News
The ICJ, following a mission to Kazakhstan this week to assess the proposed draft law reforming the regulation of the legal profession, called for the postponement of the adoption of the law and more active participation of the legal profession in its development.
The ICJ stressed that any reform of the legal profession should strengthen the independence of lawyers to ensure that it is fully in line with international law and standards on the role of lawyers.
The independence of the legal profession is vital for lawyers to protect the human rights of their clients, including the right to a fair trial and access to justice.
The ICJ is concerned that the Draft Law changes the disciplinary system for lawyers from an independent procedure to one under significant influence of the executive.
In particular, the Draft Law provides for participation of representatives of the executive in disciplinary bodies.
The ICJ recalls that an independent disciplinary procedure is one of the pillars of an independent legal profession and should be guaranteed by law and in practice.
In line with the principle of an independent legal profession, the ICJ also believes that the provision in the Draft Law allowing for the creation of a “State Advokartura” should be removed.
One of the weaknesses of the current administration of the legal profession in Kazakhstan is that the qualification process for lawyers is not independent of the executive.
The ICJ stresses that the reform creates an opportunity to make the qualification procedure for lawyers fully independent, and administered by the Bar Association.
This would bring the current legislation in line with best international practices and with the principle of the independence of the legal profession.
The ICJ has noted that the Bar Association has not been sufficiently involved in the discussion of the reform of the profession. As a professional association of lawyers, the Bar Association should play a significant role the development of the legislation regulating its functioning and should ideally lead the discussion on the reform.
The ICJ believes that the adoption of the law should not be rushed and further discussion among all interested parties should take place before the Draft Law progresses further.
Reforms along the lines set out above would be consistent with Kazakhstan’s international obligations and commitments under, for instance, the International Covenant on Civil and Political Rights, and the UN Basic Principles on the Role of Lawyers.
Background
On 4 and 5 December, the ICJ carried out a visit to Astana where a number of high-level meetings were held. The visit was prompted by the reform of the legal profession and the related draft law which has been submitted to the Parliament.
The ICJ is grateful to its delegates from different jurisdictions who agreed to join the ICJ mission:
Mr. Otmar Kury, President of the Hamburg Bar Association, Chairman of the Commission on Federal Lawyers Act of the German Federal Bar
Jeroen Browder, President of the Ethics Commission of the Bar Association of the Netherlands and former President of the Bar Association of the Netherlands
Georg Stawa, President of the European Commission for the Effectiveness of Justice (CEPEJ)
Christina Blacklaws, Vice President of the Law Society of England and Wales
Chika Muorah, International Policy Adviser of the Law Society of England and Wales
The ICJ expresses its gratitude to all who kindly agreed to meet with it. In particular, the Mission thanks the Minister of Justice of Kazakhstan, the Supreme Court, members of the Parliament, the President of the Republican Bar Association, the “Kazbar” NGO and all others who it met with.
Kazakhstan-News-Web stories-Independence of the judiciary-2017-ENG (full report, in English)
Kazakhstan-MissionLawyers-News-pressreleases-2017-RUS (full story in Russian, PDF)
Dec 4, 2017 | News
The ICJ called today on the Polish Parliament (Sejm) to reject two draft laws that, if approved, would significantly undermine the independence of the judiciary.
The Sejm is reportedly set to approve tomorrow draft bill no. 2002 that, among other measures, will allow Parliament and the Government to appoint a majority of the members of the National Judicial Council, the institution in charge of defending the independence of the judiciary and appointing judges.
This law gives the Polish legislature and executive, which have increasingly demonstrated deep disregard for human rights and the rule of law, undue influence over the judiciary.
Additionally, draft bill no. 2003, which will also come before the Parliament for approval, will lower the age of retirement for Supreme Court judges from 70 to 65 years and allow the President of the Republic to decide which judges are to be reinstated.
“These draft laws tabled by President Duda are a direct blow to the principle of separation of powers, the bedrock of the rule of law,” said Massimo Frigo, Senior Legal Adviser with the ICJ Europe Programme. “The changes made to the draft laws rejected by the President last July have not remedied in any way their adverse implications for judicial independence”.
In July, President Andrzej Duda vetoed two draft laws approved by Parliament that would have automatically dismissed all judges of the Supreme Court and entrusted the Minister of Justice with any decision on their reappointment.
The provision on the appointment of the members of the National Judicial Council was also included in the draft laws rejected in July and has changed only with regard to the parliamentary majority needed for such appointments.
“These series of legislative attacks on the independence of the judiciary in Poland must stop. These actions are inconsistent with the international obligations of Poland to ensure the independence of judges,” said Massimo Frigo.
“If these laws are approved and enter into force, this will be a decisive blow to the rule of law in Poland. A EU Member State that directly undermines the checks and balances of its own legal system threatens the founding values of the EU of the rule of law and respect for human rights, and makes it essential that the EU intervene through its article 7 procedure.” he added.
An article 7 procedure can lead to a State losing its voting rights within the EU decision-making processes. It is triggered by the European institutions, or one third of Member States, when they consider that there is a “clear risk of a serious breach by a Member State” of EU values, among which the rule of law and human rights. It is the European Council that then decides on the exclusion, if it determines that the breach of these values is “serious and persistent”.
Contact
Massimo Frigo, ICJ Senior Legal Adviser, t: +41 22 979 3805 ; e: massimo.frigo(a)icj.org
Poland-Draft law judiciary-News-Press releases-2017-ENG (full text in PDF)
