Dec 18, 2013
Published today in Geneva the new study analyses the current state of the country’s judiciary in statutory courts and the legal profession, in light of international standards on the independence of judges and lawyers.
The 57-page report South Sudan: An Independent Judiciary in An Independent State? also makes concrete recommendations to relevant authorities in South Sudan.
The report is based on research conducted on and in South Sudan, including but not limited to a high-level fact-finding mission, a two-day National Consultation Conference on the theme of Judicial and Legal Professional Independence and Accountability, and the ICJ workshop on fair trial guarantees, all undertaken by the ICJ in Juba between September and October 2012.
The Republic of South Sudan became an independent State on 9 July 2011, after 50 years of almost continuous civil war with the North, rooted in deep cultural, ethnic and religious differences.
Since independence, South Sudanese authorities have taken some meaningful steps towards ensuring that the new-born country has institutions and a legal framework that complies with rule of law principles.
However, as far as the justice sector is concerned, significant institutional challenges remain and several gaps in the constitutional and legal order need to be addressed for South Sudan to comply with international human rights standards on the administration of justice.
Overall, the ICJ report seeks to ensure that ongoing justice reforms achieve the establishment of an independent and better-resourced statutory judiciary throughout the country, and secure the independence and competence of the legal profession, in accordance with international standards on the rule of law, human rights, the principle of separation of powers and the independence of the judiciary and the legal profession.
Based on its findings, the ICJ makes 40 recommendations to South Sudanese authorities pertaining to constitutional and legal reforms, South Sudan’s international human rights obligations, court structure, judicial independence in the statutory courts system, and the legal profession.
Contact:
Ilaria Vena, Associate Legal Adviser with the ICJ Centre for the Independence of Judges and Lawyers, t: +41 22 979 3827; email: ilaria.vena(a)icj.org
South Sudan-Report on independence of judiciary-publications-2013 (download in pdf)
Nov 21, 2013
The new ICJ study on access to justice for economic, social and cultural rights in Morocco was presented during a 4-day mission in this country.
The study welcomes the provisions of the 2011 Constitution that should contribute to better guarantee and protect economic, social and cultural rights (ESCR).
It also welcomes a number of recent social policies initiated to improve access to important social services and goods, especially to the benefit of disadvantaged and marginalized sectors of the Moroccan society.
But the report also identifies and describes significant gaps and issues in the normative, institutional and remedial frameworks that deprive many Moroccans from accessing justice in cases of violations of ESCR, and from enjoying their right to an effective remedy when facing such violations.
The ICJ is especially concerned at the prevalence of legal provisions that discriminate against women in areas that are fundamental to ESCR, such as inheritance, or family law.
The inaccessibility of judicial remedies for victims of violations of ESCR for procedural reasons, and the weakness of sanctions in certain cases of abuses of ESCR (for ex. in labour matters) is another area of concern.
In the coming months, the ICJ will continue to promote and discuss the findings of the study, which is the result of over a year of research and consultations on the advances and obstacles in the access to justice for alleged victims of ESCR in Morocco – a country that has initiated deep legal reforms.
Beside civil society actors, the new publication was handed over to several public authorities, including the Minister of Justice, the President of the Cour de Cassation, the Ombudsman, the President of the Human Rights Commission of the Parliament and the Secretary General of the Government.
Morocco-Access to Justice ESCR-publications-report-2013-ara (full text in Arabic, pdf)
Nov 19, 2013
Despite progress for many women in Botswana, access to justice remains a challenge, a new ICJ report says.
Launched today, Women’s Access to Justice in Botswana: Identifying the Obstacles and Need for Change, assesses some of the challenges faced by women in Botswana when seeking justice and legal protection for human rights abuses and other wrongful conduct.
It underlines that a range of practical barriers and legal impediments continue to combine to undermine the ability of women to seek legal redress for such abuses.
“Although Botswana has implemented a number of important measures to advance gender equality, for many women justice remains an abstract ideal rather than a practical reality,” said Leah Hoctor ICJ Senior Legal Advisor on Women’s Human Rights. “Over the coming years further concerted action is needed.”
The report outlines a series of effective and meaningful steps that Botswana can take to ensure laws and procedures support and advance women’s ability to assert their rights.
“This report provides a wide range of stakeholders, including government actors, the judiciary, civil society representatives and the legal profession with important guidance as to the action now necessary,” said Arnold Tsunga, Director of the ICJ’s Africa Programme.
Contact:
Leah Hoctor: leah.hoctor(a)icj.org
Arnold Tsunga: arnold.tsunga(a)icj.org
ICJ Women’s Access to Botswana-publications-2013 (download in pdf)
Nov 7, 2013
Many women in Kazakhstan face a range of serious legal and procedural challenges and obstacles when seeking justice for discrimination and gender-based violence, a new ICJ report says.
Launched today, the report Women’s Access to Justice in Kazakhstan: Identifying the Obstacles and Need for Change assesses some of these challenges and the deficits of legal protection, and access to remedy for violations, in situations of discrimination and sexual and domestic violence.
The report also underlines that significant flaws and gaps in Kazakhstan’s legal and procedural framework dealing with discrimination and violence against women undermine the ability of women to seek legal redress.
“Advancing gender equality and preventing violence and discrimination against women requires sustained engagement and long-term commitment, it is not a static process,” said Leah Hoctor, Senior Legal Adviser for ICJ’s Women’s Human Rights Programme. “Kazakhstan should take serious measures to address the issues identified in this report so as to ensure its laws and procedures address women’s needs and protect their rights in practice.”
The report details the way in which international human rights law obliges Kazakhstan to take effective and meaningful steps to ensure its legal framework adequately deals with discrimination and violence against women.
“This report provides both government actors, civil society representatives and the legal profession with important guidance as to the content of Kazakhstan’s international obligations to advance women’s access to justice,” said Temur Shakirov, Legal Adviser for ICJ’s Europe Programme.
Contacts:
Leah Hoctor: leah.hoctor(a)icj.org
Temur Shakirov: temur.shakirov(a)icj.org
Kazakhstan-Women’s Access to Justice-Publications-Report-2013 (full text in pdf)
Kazakhstan-Women’s Access to Justice-press release-2013-RUS (full text in pdf)
Kazakhstan-Women’s Access to Justice-Publications-Report-2013-RUS (full text in pdf)
Oct 29, 2013
The report explains how the historic system of statutory immunities in Nepal, compounded by the lack of political will, has prevented victims of human rights violations from obtaining effective remedy and reparation for their injuries.
The ICJ released its new 117-page report Authority without Accountability: The struggle for justice in Nepal today in Kathmandu.
During Nepal’s decade-long civil war, serious human rights abuses were committed by government security forces as well as the armed Maoist insurgents, with an estimated 17,000 persons killed, many unlawfully, and over 1,300 subject to enforced disappearance.
Despite an explicit commitment to provide for effective justice in the peace agreement between the Maoists and the government, to date, no one has been prosecuted or convicted for any conflict-related human rights violations.
Three successive governments between 2008 and 2012 have withdrawn more than 1055 criminal cases in the district courts, with many cases involving allegations of unlawful killings, torture and ill-treatment, including rape and other sexual violence.
“The political identity of the government has changed but the culture of impunity remains the same,” said Sheila Varadan, ICJ South Asia legal advisor. “Political parties continue to exploit the well-established system of political privilege and embedded impunity for personal interest and political gain.”
Numerous public officials continue to enjoy impunity for alleged violations of human rights in Nepal. For instance, Colonel Raju Basnet, suspected of being involved in the systematic enforced disappearance and torture in 2003, was promoted to Brigadier General in October 2012.
Inspector General of Police Kuber Singh Rana, who was allegedly involved in the extra-judicial killing of five students, has been promoted twice and is now the most senior police officer in the country and in charge of implementing urgent reforms that focus on accountability.
Bal Krishna Dhungel, leader of the Unified Communist Party of Nepal-Maoist (UCPN-M), was convicted of murder and sentenced to life imprisonment in 2011, but continues to be an active politician and will contest in the November 2013 parliamentary election.
Agni Sapkota, another UCPN-M Central Committee member, allegedly involved in the unlawful killing of Arjun Bahadur Lama, was appointed as Minister of Information and Communication in May 2011, despite a March 2008 Supreme Court order directing police to investigate the allegations against him.
The ICJ notes that none of the major political parties have made any tangible commitments to address accountability for human rights meaningfully, including in political manifestos in the lead up to the Constituent Assembly election in November.
“The major political parties seem unwilling to address the systemic impunity prevalent in Nepal, both for past violations and present conduct,” Varadan added.
“If there is to be lasting peace and political stability in Nepal, the people of Nepal must be afforded their right under international law to an effective remedy and reparations for violations of human rights,” Sheila Varadan said. “The Nepali people have consistently demanded justice. It’s time the politicians and military listened and delivered.”
The ICJ calls on the major political parties in Nepal to publicly pledge that, if elected, they will commit to implement the following:
(1) Ensure the new constitution does not permit any State official to grant an official pardon, withdraw a case or grant an amnesty to anyone suspected or convicted of an offence constituting a gross human rights violation or crime under international law;
(2) Enact legislation to ensure that any parliamentarian or State official against whom there are credible allegations of responsibility for gross violations of human rights or crimes under international law are suspended from service in public office, including armed forces personnel representing Nepal in international peace-keeping operations, at least pending the outcome of an independent and impartial investigation and fair trial;
(3) Limit the application of Section 5.2.7. of the Comprehensive Peace Agreement to ensure that only those cases brought during the course of the conflict and up to – and not after – the signing of the Peace Agreement are eligible for withdrawal, while also ensuring that cases involving credibly allegations of gross human rights violations are not withdrawn;
(4) Implement the decisions of the Supreme Court issuing instructions to the Attorney General and all relevant law enforcement personnel to proactively and vigorously pursue all cases alleging serious violations of international human rights law;
(5) Review the Public Security Act, 2046 (1989), the Police Act, 2012 (1955), the Armed Police Act, 2058 (2001), and the Army Act 2006, in order to remove any immunity afforded to State officials for gross violations of human rights.
Contact:
Ben Schonveld (Kathmandu), ICJ South Asia Director, t: +977 9804596661; email: ben.schonveld(a)icj.org
Sheila Varadan (Kathmandu), ICJ South Asia Legal Advisor, m: +977 9803654599 ; email: sheila.varadan(a)icj.org
Sam Zarifi (Bangkok), ICJ Asia Pacific Regional Director, m: +66 807819002 ; email: sam.zarifi(a)icj.org
Nepal-SUMMARY-Authority without Accountability-Publication-report summary-2012 (full text in pdf)
Nepal-FULL-Authority without accountability-publications-report-2012 (full text in pdf)
