Zimbabwe: case management consultation for national prosecuting authority

Zimbabwe: case management consultation for national prosecuting authority

The National Prosecuting Authority (NPA) held a consultation conference on case and docket management system in Harare on 21 March 2017. The ICJ provided technical support.

The consultation conference was intended to validate findings of the field and desk research conducted in respect of case management in Zimbabwe.

The ICJ engaged consultants reviewed the case and docket management system as it relates to other justice actors such as the judiciary, police, prisons and legal aid providers.

The case and docket management assessment was measured against regional and international comparative standards.

The assessment focused on how case and docket management systems address the rights of vulnerable groups’ including women, unrepresented minors, juveniles and persons with disabilities.

From these consultations and field work, the NPA will be supported with a comprehensive, specific and detailed proposal with practical steps for adopting an improved case and docket management system.

Further, the findings will make recommendations on strengthening the case management system in Zimbabwe and how to address the needs and interests of the various justice sector stakeholders.

The consultation conference was attended by the Acting Prosecutor General, Deputy Prosecutor General, National Director of Public Prosecutions, senior law officers, senior magistrates, clerks (criminal courts), representatives from Zimbabwe Prisons and Correctional Services (ZPCS), Zimbabwe Republic Police (ZRP), and Zimbabwe Human Rights Commission (ZHRC).

Civil society representatives included directors and senior staffers from Zimbabwe Human Rights NGO Forum, Zimbabwe Lawyers for Human Rights (ZLHR) among others.

This consultation was held with financial support from the Foreign Commonwealth Office (FCO) Magna Carta Fund, through the British Embassy in Harare.

Contact

Arnold Tsunga, ICJ Regional Director for Africa, t: +27 716 405 926, e: arnold.tsunga(a)icj.org

Myanmar: need for international Commission of Inquiry, independent legal profession

Myanmar: need for international Commission of Inquiry, independent legal profession

The ICJ today delivered a joint NGO oral statement to the UN Human Rights Council on the need in Myanmar for an international Commission of Inquiry and for an independent and self-governing legal profession.

In the statement, the International Commission of Jurists, joined by the International Bar Association’s Human Rights Institute and Lawyers’ Rights Watch Canada, welcomed the report of the Special Rapporteur on the situation for human rights in Myanmar, and her recommendation for a Commission of Inquiry to investigate persecution of Rohingya and other minorities in Rakhine State.

Since 9 October 2016, Myanmar’s security forces have reportedly targeted Rohingya during “clearance operations” which have no basis in law. Attacks against women, men, and children allegedly have involved extrajudicial killings; enforced disappearances; torture and other ill-treatment including rape and other sexual violence; hundreds of arbitrary arrests and detentions; forced displacement; and looting and destruction of homes, food and other property.

To date, authorities in Myanmar appear to have been unwilling or unable to investigate abuses or hold perpetrators accountable. Several national investigation commissions have lacked impartiality and independence. National judicial and law enforcement authorities lack capacity and independence to address this situation. Accordingly, we urge Council to adopt a resolution at this session establishing an international, independent Commission of Inquiry to assess facts, identify causes and perpetrators, and issue recommendations including remedies for victims.

The recent killing of lawyer U Ko Ni, who strongly advocated against religious discrimination and for inter-communal peace, must be subject to a prompt, impartial and effective investigation capable of identifying all those responsible and holding them accountable in a fair trial. It also underscores the urgent need for an independent and self-governing legal profession in Myanmar, enabled to uphold human rights and the rule of law without fear.

The statement may be downloaded in PDF format here: HRC34-OralStatement-Myanmar-2017

ICJ statement to UN on migrants and refugees

ICJ statement to UN on migrants and refugees

The ICJ made an oral statement to the Human Rights Council, on the role of judges and lawyers in relation to large movements of migrants and refugees.The statement, made in an Enhanced Interactive dialogue on human rights and large movements of migrants, was as follows:

THE ROLE OF JUDGES AND LAWYERS IN RELATION TO LARGE MOVEMENTS OF REFUGEES AND MIGRANTS

10 March 2017

Mr. President,

The International Commission of Jurists (ICJ) welcomes the Principles and Guidelines included in the High Commissioner’s report and conference room paper. The ICJ appreciates their emphasis on equal and effective access to justice for migrants, and the recognition that this requires legal assistance that is competent, independent, confidential, and, when needed, without charge, as well as due process guarantees. We welcome the clear affirmation of the essential role of judges and lawyers in upholding and protecting the human rights of migrants and the rule of law.

To complement these and other relevant standards, the International Commission of Jurists is developing a set of Principles and recommendations specifically focussed on the role of judges and lawyers in relation to large movements of refugees and migrants. The ICJ principles and recommendations are based on global consultations with senior judges, lawyers, UN agencies, regional human rights mechanisms, and other relevant legal experts.

The ICJ Principles and recommendations address the role of judges and lawyers in status determination procedures, in relation to detention and removal, the right to an effective remedy, the importance of ensuring independence and impartiality of judicial decision-makers, equality before the law, and the relationship between national judiciaries and international law.

In addition to a consultation we convened yesterday at a parallel event, we welcome further feedback on the draft ICJ Principles from all stakeholders, before we launch the final version at the June session of the Human Rights Council.

Thank you.

Download the draft Principles here: https://www.icj.org/refugeesmigrantsconsultation/

Please send written feedback to un(a)icj.org, until 14 April 2017.

Consultation: Basic Principles on the role of Judges and Lawyers in relation to Large movements of refugees & migrants

Consultation: Basic Principles on the role of Judges and Lawyers in relation to Large movements of refugees & migrants

During March to April 2017 the ICJ conducted consultations on draft Principles and Guidelines on the role of judges and lawyers in relation to large movements of refugees and migrants.

The initial consultation meeting took place in Geneva on Thursday, 9 March 2017, 15:00 – 16:30 at the Palais des Nations, Room XXI.

At this side event the ICJ presented and received feedback from States and civil society on draft ICJ Principles on the Role of Judges and Lawyers in relation to Large Movements of Refugees and Migrants.

The Principles were developed by the ICJ on the basis of consultations with senior judges, lawyers, and legal scholars working in the field of international refugee and migration law. The ICJ published the final version of the Principles, together with commentary, in May 2017.

The Principles seek to help judges and lawyers, as well as legislators and other government officials, better secure human rights and the rule of law in the context of large movements of refugees and migrants. They are intended to complement existing relevant legal and other international instruments, as well as the Principles and practical guidance on the protection of the human rights of migrants in vulnerable situations within large and/or mixed movements being developed by the OHCHR.

The final version of the Principles is available here.

More information about the earlier consultations and overall process of development of the Principles is available here.

 

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