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 23, 2017 | News
Today, the ICJ and Amnesty International submitted recommendations to the Ministry of Justice that changes be made to a new law under consideration by the Cabinet, in order to bring it in line with Thailand’s international legal obligations.
The submission came in response to a request by the Ministry for feedback on the Draft Prevention and Suppression of Torture and Enforced Disappearances Act (‘Draft Act’).
The ICJ and Amnesty International welcome the Thai government’s commitment to criminalize torture and enforced disappearances.
The Draft Act currently addresses many existing gaps in Thailand’s current legal framework.
However, the organizations consider that further amendments are needed to address significant shortcomings in the Draft Act and ensure Thailand’s compliance with international treaties on torture and enforced disappearance and international standards.
Recommendations by the ICJ and Amnesty International addressed the following concerns:
- The absence within the Draft Act of key elements of the crimes of torture and enforced disappearance, as defined by international law;
- The absence of provisions concerning cruel, inhuman and degrading treatment or punishment (CIDT/P);
- The inadequacy of provisions establishing the inadmissibility of statements and other information obtained by torture, CIDT/P and enforced disappearance as evidence in legal proceedings;
- The inadequacy of provisions relating to modes of liability for crimes described in the Draft Act; and
- The shortcoming of provisions concerning safeguards against torture, CIDT/P and enforced disappearances.
The ICJ and Amnesty International urge Thailand to make it a top priority to address these and other concerns, and once they are addressed, to enact the law as soon as possible.
The urgent need to amend and enact the Draft Act is underscored by several NGO reports documenting the persistent use of torture and other ill-treatment by state security forces and the continued failure of the Thai authorities to hold accountable perpetrators of torture, other ill-treatment and enforced disappearances.
The ICJ and Amnesty International remain committed to providing any necessary assistance to the Thai government in amending the Draft Act or otherwise acting to prevent torture and enforced disappearances in Thailand.
In a letter accompanying the submission, the ICJ and Amnesty International also emphasized the crucial importance of maintaining sections within the current Draft Act providing that the prohibitions on torture and enforced disappearances apply in all circumstances, including states of emergency, and prohibiting the forcible transfer of persons to territories where they would face a real risk of torture or enforced disappearances (refoulement).
Background
Thailand is a state party to the International Covenant on Civil and Political Rights and the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment, and has signed, but not yet ratified, the International Convention for the Protection of All Persons from Enforced Disappearance.
The UN expert bodies overseeing the implementation of these treaties have consistently called upon states parties to criminalize torture and enforced disappearance as specific crimes.
On 15 November 2016, Thailand replied to a List of Issues, identified by the UN Human Rights Committee’s noting that it was in the process of passing the Draft Act which would “provide clear definition and set up specific offence on torture to be in line with the terms set forth under CAT” and “serve as an implementing legislation for ICPPED.”
It also asserted that the Draft Act “aims to strengthen the prevention, suppression, and prosecution mechanism and to ensure remedy for victims as well as address the problem of misuse, and abuses of power by government authorities with regard to torture and enforced disappearances.”
In February 2017, the National Legislative Assembly (NLA) announced it would not enact the Draft Act, which was produced by the Ministry of Justice in consultation with non-governmental organizations and other civil society actors.
In March 2017, at the UN Human Rights Committee’s review of Thailand’s compliance with the ICCPR, Thailand confirmed that the Draft Act “had been submitted to the National Legislative Assembly, which had requested the Cabinet to further review the bill, with a view to introducing amendments and launching a public consultation process.”
Contact:
Kingsley Abbott, ICJ Senior International Legal Adviser for Southeast Asia, t: +66 94 470 1345 e: kingsley.abbott@icj.org
Read also
Joint Letter to the Thai Government
Download
Thailand-Torture and ED-Advocacy-nonlegal submission-ENG (Submission in English, pdf)
Thailand-Torture ED Bill-News-THA (statement in Thai, pdf)
Thailand-Torture and ED-Advocacy-nonlegal submission-THA (Submission in Thai, pdf)
Nov 23, 2017 | Agendas, Events, News
The ICJ delivers today and tomorrow a training for judges on asylum, migration and international human rights law, including non-discrimination, organised by OSCE and the Judicial Academy.
The training, that takes place in the capital Belgrade, will be delivered to judges of all level of jurisdiction of Serbian courts.
It will focus on human rights law related to the entry of migrants, including refugees, to the territory of a State, to the State’s obligations on international protection, the rules applicable to detention of foreign national and their rights, and the prohibition of non-discrimination.
Serbia-Training-MIgrationAsylum-OSCEJA-2017-eng (download the agenda in English)
Nov 22, 2017 | News
On 22 November, the ICJ, in collaboration with the Legal Research and Development Center under Chiang Mai University’s Faculty of Law, held a roundtable discussion on “Human Rights Litigation concerning the Special Economic Zones in Myanmar and Thailand”.
The objective of the discussion, held on campus at Chiang Mai University, was to identify legal issues and to share experiences regarding strategic litigation and advocacy strategies concerning human rights violations associated with the development of Special Economic Zones (SEZs) in Thailand and Myanmar.
In recent years, both the Thai and Myanmar governments have been trying to attract foreign direct investment into their countries by demarcating specific areas where special regulations concerning, inter alia, public administration, the environment, land or labour rights might be applied.
Proponents of SEZs tend to link their development with jobs and economic growth, however, there is generally limited publicly available information about their economic or public purpose rationale.
The development of SEZs, which requires a lot of land, can undermine the protection of human rights and the rule of law by creating governance structures and permitting processes less stringent than that required under national and international law.
Participants at the discussion included postgraduate students and lecturers from Chiang Mai University’s Faculty of Law, lawyers and representatives from Thai civil society organisations.
The ICJ shared with participants its report analysing the legal framework of SEZs in Myanmar and human rights concerns arising from a case study of Kyauk Phyu SEZ, ‘Special Economic Zones in Myanmar and the State Duty to Protect Human Rights’, during the discussion.
The speakers at the discussion were:
· Sean Bain, ICJ International Legal Advisor, Myanmar
· Sumitchai Hattasan, Director, Center for Protection and Revival of Local Community Rights
· Supaporn Malailoy, EEC Watch, Human Rights and Environmental Lawyer
Nov 21, 2017 | Artículos, Noticias
El Comisionado de la CIJ Belisario Dos Santos y el ex magistrado de la Corte Constitucional de Colombia Jaime Araujo visitaron el país, con el objeto de presentar las principales conclusiones del Informe de la CIJ sobre los desafíos que abogado-a-s enfrentan.
Los dos abogados, acompañados del Director de la CIJ para Centroamérica Ramón Cadena (foto de la primera misión), pudieron entrevistarse con el Presidente del Colegio de Abogados, con el Presidente del Tribunal de Honor de dicho colegio, con el Procurador de Derechos Humanos y con el diputado Leocadio Juracán, Sub Jefe de la Bancada Convergencia del Congreso de la República y miembro de la Comisión de Derechos Humanos.
La CIJ agradece la apertura de dichos representantes de los órganos máximos del Colegio de Abogados y Notarios de Guatemala, así como la del Procurador de Derechos Humanos y la del diputado del Congreso de la República.
Dichas conversaciones enriquecieron aún más, los puntos críticos que se presentan a continuación.
La CIJ, en sus actividades relativas a su mandato, se encarga de velar porque el Derecho Interno se adecúe y respete las normas y principios del Derecho Internacional de los Derechos Humanos.
En otras palabras, en el caso de Guatemala, la CIJ lleva a cabo actividades para supervisar que el Estado cumpla con respetar los estándares internacionales en materia de derechos humanos.
La Carta de Naciones Unidas, constituye la base del estado de derecho en el plano internacional.
Además están todas la convenciones y tratados, declaraciones y principios que la Comunidad Internacional ha aprobado, desde que se conformó la Organización de las Naciones Unidas.
Guatemala-Segunda Misión Beli-News-web stories-2017-SPA (texto completo, en PDF)
