On video: UN mechanisms can provide a drumbeat for civil society

On video: UN mechanisms can provide a drumbeat for civil society

During a week of training and practical experience of UN human rights mechanisms in Geneva, women lawyers spoke of the ways in which civil society actors can use these mechanisms to strengthen advocacy efforts.

As part of a project supported by the German Mission to the United Nations in Geneva the ICJ invited two groups of women lawyers to Geneva to attend training workshops that took place during the course of the June and September ordinary sessions of the UN Human Rights Council.

Participants spoke about their experiences with the interplay between UN mechanisms and domestic changes.

Lebanese lawyer Nina Abdallah noted the limitations of these mechanisms when States do not accept mechanisms that allow for individual complaint. As Lebanon has not yet become party to the Optional Protocol of the CEDAW Convention this means that individuals cannot access the CEDAW Committee to seek a remedy for violations and against that State’s failure to meet obligations under the Convention.

However, she explained that although this limits the accessibility of certain mechanisms, civil society can still play an important role in raising rights issues, calling for removal of reservations and acceptance of complaint procedures for specific Conventions through other mechanisms, such as the Universal Periodic Review reporting process.

Maria Sol Taule, a lawyer from the Philippines working for human rights NGO Karapatan, noted that it is difficult for UN mechanisms to address individual cases when there are so many issues to deal with. However, she said that these mechanisms do still serve as an “effective tool to use as a platform to drumbeat our issues that haven’t been heard by our respective governments.”

Civil society participation in the Human Rights Council, State reporting processes for Committees and the UPR provide an occasion to highlight the human rights difficulties faced within specific countries. Ms Taule said this kind of engagement also offers the opportunity to enhance international solidarity with other organizations from other countries that are dealing with similar rights issues.

On video: women lawyers speak about the impact international standards can have on domestic legislation

On video: women lawyers speak about the impact international standards can have on domestic legislation

The ICJ invited a number of women lawyers to Geneva to participate in a training workshop and gain practical experience of UN human rights mechanisms as part of a project supported by the German Mission to the United Nations in Geneva.

One group of women came to Geneva in June during the 38th session of the UN Human Rights Council and 70th session of the Committee on the Elimination of Discrimination against Women, and the other group came in September to coincide with the 39th session of the Human Rights Council.

During the week long training workshops participants learned about the international human rights mechanisms available to tackle issues of women’s access to justice and gained hands-on exposure to the operation of these mechanisms in practice.

Participants spoke about the impact that the CEDAW Convention has had in their domestic legislation.

Donia Allani a lawyer and lecturer at the Faculty of Legal, Political and Social Sciences of Tunis, discussed the impact of CEDAW in shaping legislation in Tunis to eliminate violence against women and facilitate access to justice but noted that women still faced stigmatization.

Donia Allani commented, however, that UN mechanisms could be improved to ensure that all activists and feminists can access these mechanisms without fear of reprisals.

Uzbek lawyer Sabina Saparova, also spoke of the impact that international law and standards can have domestically. She explained that Uzbekistan’s ratification of the CEDAW Convention provided an international commitment to incorporating equality between men and women into its legal structure. Recently the president of Uzbekistan initiated the first steps toward the adoption of a law on the prevention of domestic violence.

Philippines: ICJ and IBP hold workshop on eliminating gender stereotypes in justice delivery

Philippines: ICJ and IBP hold workshop on eliminating gender stereotypes in justice delivery

From 12 to 13 October 2018, the ICJ and the Integrated Bar of the Philippines (IBP) held its second national workshop on eliminating gender discriminatory attitudes and behaviours towards women.

Participants at the workshop were members of IBP’s Board of Governors and Committee on Bar Discipline. The workshop was held in Cebu City, Philippines.

Emerlynne Gil, ICJ’s Senior International Legal Adviser opened the workshop by emphasizing that it is crucial for lawyers of all areas of expertise to engage in dialogues such as this in order to further enhance women’s access to justice.

Gil pointed out that gender stereotypes incorporated in laws and perpetuated in the administration of justice impair the capacity of women to exercise their right to access to justice.

She emphasized that lawyers, as frontline formal justice actors, play a key role in eliminating these stereotypes.

Marienne Ibadlit, IBP’s Governor for Western Visayas, spoke about the establishment of the Gender and Development (GAD) Committee as a standing committee of the IBP.

The establishment of the GAD Committee is expected to advance gender and women’s human rights within the IBP.

It is also expected to institutionalize within the IBP efforts to build the capacity of lawyers in the Philippines to assist women in accessing justice.

The participants recognized during the opening session that recourse to gender stereotypes in the practice of law and administration of justice is widespread in the Philippines and that gender stereotypes directly impact women’s access to justice.

A range of stereotypes were identified, including the idea of women being the ‘weaker sex’ and the perception that female lawyers are not suited for litigation of controversial political or criminal cases.

During the workshop, participants discussed how they could maximize their role as lawyers in facilitating women’s access to justice, specifically in the areas of domestic violence, sexual violence, family law, and employment law.

Some of the participants noted that they themselves had been influenced by gender stereotypes and committed to be more consciously gender sensitive in their work and personal life.

While acknowledging that much more must be done to bring about systematic change, it was agreed that incremental measures could be impactful.

Abdiel Dan Fajardo, National President of the IBP, expressed support for more action by lawyers in the Philippines on women’s human rights.

Both the ICJ and IBP reinforced their commitment to joint collaboration in furthering the advancements in women’s access to justice in the country.

Contact  

Emerlynne Gil, Senior International Legal Adviser for Southeast Asia, t: +662 619 8477 (ext. 206) ; e: emerlynne.gil(a)icj.org

Eswatini (Swaziland): ICJ facilitates integrated meeting of justice sector stakeholders involved in combatting sexual and gender-based violence

Eswatini (Swaziland): ICJ facilitates integrated meeting of justice sector stakeholders involved in combatting sexual and gender-based violence

On 25 July 2018, the ICJ facilitated an integrated meeting of governmental stakeholders in the justice chain involved in different aspects of combatting sexual and gender-based violence (SGBV) in the Kingdom of Eswatini (Swaziland), the first meeting of its kind.

The meeting was convened by ICJ Commissioner and Principal Judge of the High Court of Eswatini, Justice Q. M. Mabuza. It followed a meeting held in February 2018 on combating SGBV in Eswatini and an ICJ report on key challenges to achieving justice for gross human rights violations in Eswatini, the latter of which recommended that justice sector stakeholders involved in the investigation, prosecution and sanctioning of, and provision of redress to victims for, acts of SGBV should convene six-monthly meetings so as to develop a common and integrated approach to the effective combating of SGBV.

The integrated meeting involved senior officials from the Office of the Deputy Prime Minister, the Office of the Attorney General, the Office of the Director of Public Prosecutions, the police, correctional services, and the judiciary.

The meeting discussed the fight against SGBV in the context of the Guidelines on Combating Sexual Violence and its Consequences in Africa, and other international standards. It considered the national legal and policy framework on SGBV; practices and challenges in the investigation and prosecution of SGBV; the sanctioning of SGBV offences; and the rehabilitation of sexual and domestic violence offenders by correctional services. Perspectives of the Office of the Deputy Prime Minister, the police and the judiciary were emphasized during discussions.

Stakeholders discussed issues with a view to identifying gaps and challenges in national law, policy and practice when measured against regional and global standards and best practices, as well as with a view to considering potential solutions to those gaps and challenges. The meeting agreed on next steps, including on concrete action that aligns with and/or augments the National Strategy to End Violence. Stakeholders agreed that they should all be involved in the early stages of cases involving SGBV.

Stakeholders also agreed that the recently enacted Sexual Offences and Domestic Violence Act will only be effectively implemented if justice sector stakeholders are well coordinated. Stakeholders agreed that integrated meetings should be held regularly, at intervals of no less than six months including, if possible, before the end of 2018.

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