The role of judges, lawyers and prosecuters in preventing human rights abuses

The role of judges, lawyers and prosecuters in preventing human rights abuses

The head of the ICJ’s Centre for the Independence of Judges and Lawyers, Matt Pollard, highlighted the role of judges, lawyers and prosecutors in preventing human rights abuses, at a UN expert workshop in Geneva.The Office of the UN High Commissioner for Human Rights (OHCHR) organised the expert workshop, 21 to 22 February 2018, to discuss the role and contribution of civil society organizations, academia, national human rights institutions and other relevant stakeholders in the prevention of human rights abuses, drawing on the conclusions and recommendations of OHCHR’s study on the prevention of human rights violations.

The workshop, mandated by the Human Rights Council resolution 33/6, covered topics such as: a framework approach to prevention; human rights education; abuses by private actors, national and regional practices, planning and monitoring tools; human rights impact assessments; and the role of UN institutions.

The presentation on the role of judges and lawyers can be downloaded in PDF format here: UN-ExpertMeeting-JudgesLawyersPrevention-2018

More information about the expert workshop is available by clicking here.

Using UN human rights mechanisms: workshop for lawyers from South-east Asia

Using UN human rights mechanisms: workshop for lawyers from South-east Asia

The ICJ, in collaboration with the UN High Commissioner for Human Rights Regional Office for South-East Asia (OHCHR), and the Centre for Civil and Political Rights, organised a workshop for  lawyers from southeast Asia, on engaging with UN human rights mechanisms.

The two-day workshop provided some thirty lawyers from Thailand, Cambodia, Vietnam, and Lao PDR with knowledge, practical skills and expert advice about UN human rights mechanisms, with the participants themselves sharing their own experiences and expertise.

In addition to explaining what the UN mechanisms are and how they work, the workshop discussed how lawyers can use the outputs of UN human rights mechanisms in their professional activities, as well as how to communicate with and participate in UN human rights mechanisms in order to ensure good cooperation and to best serve the interests of their clients.

Sessions were introduced by presentations by the ICJ’s Main Representative to the United Nations in Geneva and OHCHR officials, followed by discussions and practical exercises in which all participants were encouraged to contribute questions and their own observations.

A special discussion of effective engagement of lawyers with Treaty Bodies was led by Professor Yuval Shany, a member of the Human Rights Committee established to interpret and apply the International Covenant on Civil and Political Rights (ICCPR).

The workshop also aimed to encourage the building of relationships and networks between the lawyers from across the region.

The workshop forms part of a broader project of awareness-raising and capacity-building for lawyers from the region, about UN mechanisms.

A similar workshop was held in January 2017 for lawyers from Myanmar.

The project has also published (unofficial) translations of key UN publications into relevant languages, and is hosting lawyers in a mentorship programme in Geneva.

More details are available by contacting UN Representative Matt Pollard (matt.pollard(a)icj.org) or by clicking here: https://www.icj.org/accesstojusticeunmechanisms/

Swaziland: workshop on sexual and gender-based violence

Swaziland: workshop on sexual and gender-based violence

On 28 February 2018, the ICJ is holding a workshop on combatting sexual and gender-based violence (SGBV) in Swaziland, in cooperation with Women and Law in Southern African – Swaziland (WLSA Swaziland) and the Swaziland Action Group Against Abuse (SWAGAA).

The workshop, held as part of the ICJ’s Global Redress and Accountability Initiative, will consider the prevalence of SGBV in Swaziland, and contributing factors, and will focus on the extent to which perpetrators of such violence are, and can be, held accountable in law and in practice and the means by which victims of SGBV may better access effective remedies and reparation.

Participants will also discuss opportunities for engagement with UN mechanisms on addressing SGBV in the Kingdom of Swaziland.

The workshop is set against the backdrop of urgent recommendations adopted by the UN Human Rights Committee in 2017 on the combatting of violence against women, in respect of which Swaziland must report to the Committee by July 2018.

It comes ahead of Swaziland’s anticipated report, also due in July 2018, to the UN Committee on the Elimination of All Forms of Discrimination Against Women which in 2014 also adopted several recommendations on the combatting of violence against women.

The workshop also comes as national debates continue on the enactment of the Sexual Offences and Domestic Violence Bill, which Swaziland had committed to enact without delay at its 2016 Universal Periodic Review.

Workshop Agenda

Judicial councils and similar oversight mechanisms: UN submission

Judicial councils and similar oversight mechanisms: UN submission

The ICJ has set out key principles and sources on judicial councils and other national mechanisms for selecting, appointing, promoting, transferring, suspending or removing judges, in a submission to the UN Special Rapporteur on the independence of judges and lawyers.The submission was made in response to a call by the Special Rapporteur for input to a report he will present at the June 2018 session of the Human Rights Council.

The ICJ submission highlights that judicial councils are a proven means of safeguarding judicial independence and ensuring judicial accountability. It recommends that, even in countries where judicial independence and accountability have traditionally been secured by other means, consideration should be given to the establishment of a judicial council.
The submission stresses that judicial councils must be fully independent of the executive and legislative branches of government, and notes several key safeguards to help secure such independence.

The ICJ recommends that such judicial councils should in principle be responsible for all decisions relating to the selection, appointment, promotion, transfer, discipline, suspension and removal of judges.

The submission also highlights the need for diversity of membership of such councils to ensure its representativeness of the society the judiciary is to serve, that it reflects a cross-section of the judiciary as a whole, and that it has the experience and expertise needed to be effective.

The full submission can be downloaded in PDF format here:  Global-UN-SRIJL-JudicialCouncils-2018

Most of the sources cited in the submission are available here.

Related and more detailed guidance is available in the ICJ’s 2016 Practitioners’ Guide no. 13 on Judicial Accountability, as well as the 2007 Practitioners’ Guide no. 1 on Independence and Accountability of Judges, Lawyers and Prosecutors.

More information about the Special Rapporteur is available here.

For more information about the ICJ and judicial councils and similar mechanisms, contact Matt Pollard (matt.pollard(at)icj.org)

ICJ mourns the loss of human rights icon Asma Jahangir

ICJ mourns the loss of human rights icon Asma Jahangir

The ICJ mourns the loss of its former Commissioner, Executive Committee Member and Honorary Member, Asma Jahangir, who was at the frontline of the struggle for the rule of law and human rights in Pakistan and around the world.

Ms. Jahangir died of cardiac arrest on Sunday, 11 February, in Lahore, Pakistan. She was 66.

“The ICJ benefited immeasurably from Asma Jahangir’s contribution and leadership. She was a giant of the human rights movement, dedicated to defending the rule of law and fighting for the rights of everyone – including her fiercest detractors,” said Sam Zarifi, ICJ’s Secretary General.

Asma Jahangir was elected to the ICJ in 1998, and went on to serve on the organization’s Executive Committee until the end of her term.

She continued to work closely with the ICJ as an Honorary Member.

Asma Jahangir started her journey as a human rights defender as a petitioner is a case challenging the military dictatorship of Yahya Khan. She was only 19 at the time.

She continued throughout her life to be an outspoken critic of military rule and abuses in Pakistan and at the forefront of the struggle for human rights and the rule of law in the country.

In 1987 she co-founded the Human Rights Commission of Pakistan, which remains one of the oldest and most preeminent human rights organizations in the region.

Asma Jahangir was a senior advocate of the Supreme Court with a legal career spanning nearly forty years.

In 1987, along with other women lawyers, she established the first legal aid cell in the country for free legal representation to women, children, bonded laborers and religious minorities.

She also made lasting contribution to the human rights globally, and served as a UN Special Rapporteur for three different mandates: Extrajudicial, summary or arbitrary executions (1998 to 2004); freedom of religion or belief (2004 to 2010); and the situation of human rights in Iran (2016 – 2018).

In the course of her work as a human rights activist, she was repeatedly threatened, put under house arrest and even imprisoned. However, these attacks did not deter her from her commitment to human rights.

“Asma Jahangir’s brave, powerful voice for human rights and dignity has fallen silent much too soon. We will miss her and strive to live up to her example,” said Zarifi.

Last year, Asma Jahangir participated in ICJ’s Women profiles video series:

Asma Jahangir profile

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