Nov 23, 2017 | Events, News
The 8th Geneva Forum brought together judges, lawyers, and other legal experts from around the world, and relevant UN representatives, to discuss the relationship between traditional and customary justice systems and international human rights, access to justice, and the rule of law.
The potential for improving access to justice
In many countries the majority of legal disputes, especially in rural areas, are resolved by traditional and customary justice systems that are not necessarily recognised by national law as a part of the official court system. The role of traditional and customary justice systems is therefore a key question for realization of “access to justice for all” and “effective, accountable and inclusive institutions” under Sustainable Development Goal 16.
Traditional and customary justice systems are often more practically and culturally accessible to local populations than is the official court system, and may be seen by local people as having greater legitimacy as well. Indeed, official recognition of the existence of traditional and customary courts in a country can be a positive reflection of the international human rights of ethnic, religious or linguistic minorities, or the particular rights of indigenous peoples, or cultural rights more generally.
For marginalized and disadvantaged rural populations in developing countries, traditional and customary courts may in practical terms be the only form of access they have to any kind of justice. Development agencies have increased their engagement with informal justice systems, and are considering much greater investment in capacity-building of such systems, noting their potential to reach large portions of the population who face significant obstacles to realizing access to justice in the official justice system.
The risks for human rights, particularly of women and children
At the same time, the composition, procedures, and outcomes of traditional and customary justice system mechanisms and processes can conflict with the human rights protections contained in international law and standards on human rights and the rule of law.
One key concern is in relation to the rights of women and children. Traditional and customary justice systems may be rooted in patriarchal systems and, as such, can reinforce harmful gender stereotypes and cultural assumptions that are inherently likely to discriminate against women and children and therefore negatively impact upon their rights.
Other concerns include consistency with the right to a competent, independent and impartial tribunal established by law; respect for fundamental guarantees of fairness comprising the right to fair trial; accountability of judicial decision-makers in relation to corruption and other misconduct; and non-discrimination and equality before the law more generally.
Aims of the 2017 Geneva Forum
The discussions at the 2017 Geneva Forum (22-23 November 2017), together with ICJ’s broader global experience and expertise, will provide a foundation for the development by ICJ of legal, policy and practical guidance, including conclusions and recommendations on the role of traditional and customary courts in relation to access to justice, human rights and the rule of law.
The ICJ guidance will take into account the many variations and differences between different traditional and customary courts that exist around the world, while seeking to articulate conclusions and recommendations sufficiently universal to be applicable across the widest possible range of contexts. The focus of the Geneva Forum and the ICJ guidance is intended to be on traditional and customary courts of an informal character and, as such, the ICJ does not intend directly to address formal religious courts or the application of customary law by ordinary formal courts.
Available for download in PDF format:
Compilation of selected international sources on indigenous and other traditional or customary justice sytems, available here.
Final report of the 2017 Geneva Forum on traditional and customary justice systems, available here:
Universal-Trad Custom Justice Gva Forum-Publications-Thematic reports-2018-ENG
Several video interviews with participants are available to view by clicking here.
Information about the subsequent 2018 Geneva Forum on indigenous and other traditional or customary justice systems in Asia, is available here.
For more information, please contact matt.pollard(a)icj.org.
The 2017 Geneva Forum of Judges & Lawyers was made possible with the support of the Republic and Canton of Geneva, Switzerland.
- Photo: “Traditional leaders preside over a case in B-Court, Nyang Payam, Torit County, South Sudan”
- Photo Credit: UNDP South Sudan2016Angelique Reid ©2016 United Nations
Nov 2, 2017 | Multimedia items, News, Video clips
The ICJ ends its series of profiles of its women Commissioners with an interview with Judge Kalthoum Kennou is currently serving her second term as ICJ Commissioner.
Kalthoum Kennou is a Judge of the Tunisian Cassation Court.
She previously served as an investigating Judge at the Tribunal of Tozeur in Tunisia (2010 – 2012), an investigating Judge at the Tribunal of Kairouan (2005 – 2010) and a Judge at the Court of Appeal of Tunis (2001-2005).
She is a strong advocate of the rule of law and the independence of the judiciary in Tunisia, and for women’s rights.
She was active in opposition to the dictatorship of President Zine el-Abidine Ben Ali.
As a consequence of her work, she was subjected to politically motivated personal attacks including arbitrary transfers to remote parts of the country.
After the political revolution in January 2011, she became President of the Association of Tunisian Judges.
She has worked on the new Tunisian Constitution and was the first female candidate in the November 2014 Presidential elections.
In this interview, Judge Kennou speaks about the reasons that prompted her to take up a legal career.
Her father was wrongly accused of high treason and imprisoned and she wanted to show people that there could be fair judges who worked independently.
On his release, her father also supported her decision to study the law.
She was appointed a judge in 1989 but said that other women had been appointed before her so it was not that difficult.
The main problems were that male judges were reluctant to discuss certain issues in front of her and she had to stand up for herself.
“However what was a bit troublesome was with the police when I gave them instructions and I think they would have preferred it was a man and not a woman. But I stood up for myself and I became an investigating judge and I was there to give orders to the police, to the clerk of court, as a judge and as a woman judge.”
Under the dictatorship of Ben Ali, she explains in the interview that there were a quite an important number of judges who resisted and defended the independence of the judiciary.
“… I think our resistance had some results. The proof was that just after the revolution, the question of the independence of the judiciary became a demand of the people, not just the judiciary.”
She explains in the interview that now 43% of the judiciary in Tunisia are women.
This is because there are more women studying law, more women than men, and because the government is promoting women’s equality.
However, many women may take up a legal career without wishing to become a judge.
This is because of family reasons, as they don’t wish to be appointed to a court away from home and in some families, parents might feel that women should be protected from some of the real problems of society.
“But actually I think this kind of thinking is less common now and will disappear bit by bit. Judges have shown that they can have an impact and society accepts female judges more than male judges. They consider that female judges are less corrupt, that they are more serious and are making more efforts to deliver justice.”
The main problems for women in accessing justice in Tunisia are related to pressure from the family not to file complaint in cases of domestic violence.
Also there is a problem with the attitudes of the police who do not take physical aggression against a woman seriously.
The third issue is the mentality of some judges, including some women judges, who are not really convinced that a husband does not have the right to beat his wife.
“The law exists but we should also work on people’s mentalities so that the law is correctly applied.”
Judge Kennou concludes the interview with some advice for young women considering a legal career. She said that a young woman must learn to “stand up for herself and for her rights at home because you cannot be free, you cannot give to others, if your own rights are not realized… I think that a woman who wants to be a judge should be really convinced and well trained about human rights so she can apply the law in a correct manner. “
Watch the interview:
The series of profiles introducing the work of ICJ Commissioners and Honorary Members on women’s rights was launched on 25 November 2016 to coincide with the International Day to Eliminate Violence against Women and the first day of the 16 Days of Activism Against Gender-Based Violence Campaign.
Oct 16, 2017 | Advocacy
The ICJ, Amnesty International and Human Rights Watch are urging Pakistan to take immediate steps towards meeting “the highest standards in the promotion and protection of human rights,” following the country’s election to the Human Rights Council.
Today, the UN General Assembly selected 15 states to serve as members of the UN Human Rights Council from January 2018 to December 2020.
From the Asia-Pacific region, Nepal, Qatar, Afghanistan and Pakistan were selected out of five candidates.
To secure the UN Human Rights Council membership, Pakistan pledged its commitment to the promotion and protection of human rights.
However, the pledge failed to address directly many of the most serious human rights issues facing Pakistan, including enforced disappearances, the use of the death penalty, blasphemy laws, the country’s use of military courts, women’s rights including the right to education, and threats to the work of human rights defenders, lawyers and journalists.
According to UN General Assembly Resolution 60/251, “members elected to the Council shall uphold the highest standards in the promotion and protection of human rights.” The Resolution also provides that, “when electing members of the Council, Member States shall take into account the contribution of candidates to the promotion and protection of human rights and their voluntary pledges and commitments made thereto.”
Pakistan’s abuses have been highlighted by various national and international human rights organizations, UN treaty-monitoring bodies, and special procedures of the UN Human Rights Council.
Pakistan has affirmed in its election pledge that it is “firmly resolved to uphold, promote and safeguard universal human rights and fundamental freedoms for all.”
Given the pressing human rights issues in the country, the ICJ, Amnesty International, and Human Rights Watch urge Pakistan to take the necessary action to fulfill these responsibilities.
Contact
Frederick Rawski (Bangkok), ICJ Asia Pacific Regional Director, e: frederick.rawski(a)icj.org
Reema Omer (London), ICJ International Legal Adviser, South Asia t: +447889565691; e: reema.omer(a)icj.org
Download
The full statement with additional information: Pakistan-ElectiontoHRC-Advocacy-2017-ENG (in PDF)
Sep 25, 2017 | Advocacy, Non-legal submissions
The ICJ today joined a group of 285 organisations from around the world calling on governments across the world to respect, protect and fulfill the right to access safe and legal abortion services and post-abortion care.
The statement, which was delivered by the NGO Action Canada for Population and Development, during a general debate at the UN Human Rights Council in Geneva, read as follows:
Through the Vienna Declaration and Programme of Action, States explicitly agreed to prioritize the human rights of women, including the eradication of gender-based discrimination and violence. However, many States have not yet made the important decision that women’s human rights deserve to be upheld and their lives are worth saving. The continued criminalization of abortion and restrictions on access to and provision of abortion and post-abortion care in many jurisdictions is stark evidence of this.
Around 22 million unsafe abortions are estimated to take place around the world annually, leading to 7 million health complications and 47,000 deaths. In addition, there are major social and financial costs to women and girls, families, communities, health systems and economies. The criminalization of abortion and failure to ensure access to quality abortion services is a violation of the rights to non-discrimination, to privacy, and to make decisions about one’s own body, and can constitute torture or ill-treatment, as repeatedly highlighted by UN bodies and experts. Prohibiting abortion pushes it underground and gives rise to unsafe abortions, violating the rights to life, health and bodily autonomy. Moreover, the poor and those already facing multiple and intersecting forms of discrimination are disproportionately affected, making the global community’s pledge to “leave no one behind” ring hollow.
These human rights violations must stop now. On September 28, the Global Day of Action for Access to Safe and Legal Abortion, we urge the Human Rights Council to address the human rights violations arising from criminalization of abortion and the denial of access to safe and legal abortion services through its resolutions, decisions, dialogues, debates, and the UPR. We demand in a collective voice that governments across the world respect, protect and fulfill the right to access safe and legal abortion services and post-abortion care.
The full statement, with the list of signatories, may be downloaded in PDF format here: HRC36-JointOralStatement-item8-GD-Abortion-2017
Aug 29, 2017 | News
Today, the ICJ concluded its Regional Conference on Women Human Rights Defenders as Political Actors, which gathered in Kathmandu women human rights defenders (WHRDs) from all over Nepal who were recently elected during the local elections in May 2017.
They were joined by Bushra Gohar, a former Member of Parliament in Pakistan, Ahmed Naaif of the Maldivian Democracy Network, and Sherene Xavier, a filmmaker and WHRD from Sri Lanka.
The discussions focused on how the newly-elected WHRDs can continue to advance human rights in their new roles as elected officials.
Under Nepal’s Local Level Election Act 2017, political parties are required to field female candidates for half of the executive posts (mayor/deputy mayor) and at least 40% for membership at the local community councils.
In May 2017, during the first local election held in the country in almost 20 years, approximately 20,000 women stood for elections, including WHRDs.
Most of the women candidates, however, were fielded by the political parties for the deputy mayor posts. At least 92% of the candidates fielded for the mayoral posts were men.
The discussions during the two-day conference (28-29 August 2017) focused on how these affirmative measures should be utilized by women human rights defenders in Nepal to advance equal participation of women in public affairs and further their advocacy for human rights.
There was some caution expressed by some of the women that these measures may reinforce the already disadvantaged place women hold in public life and may also be viewed as tokenism.
Participants in the conference discussed as well how as WHRDs, they would need to deal with human rights abuses allegedly committed by their political parties against women.
The need for WHRDs in politics to have their own support system was also emphasized during the conference.
The participants of the conference ran under the banner of various political parties in Nepal.
The National Alliance of Women Human Rights Defenders of Nepal collaborated with ICJ in organizing the conference.
The conference was opened with a keynote speech from Justice Sapana Pradhan Malla of the Supreme Court of Nepal, who spoke about the challenging path women politicians face.
Former Chief Justice Kalyan Shrestha, Commissioner of the ICJ, chaired the opening ceremonies.
