Mar 15, 2016
Today, the ICJ launched a new report (in Spanish) documenting the impact of the El Quimbo dam project on the economic, social and cultural rights, as well as the environment, of the people living in the Colombian Huila Department.
The report highlights the response of both the State and the company behind the project to the demands of the affected communities, following massive social protests, conflicts and legal actions.
It also formulates a series of recommendations to ensure that the human rights and the environment in the region are protected and to end all the abuses against the local communities.
The report is the result of a field mission in Colombia, in which participated the ICJ Commissioners Philippe Texier (France) and Belisário dos Santos Junior (Brazil), Sandra Ratjen, ICJ Senior Legal Adviser on Economic, Social and Cultural Rights, and the Colombian lawyer Alberto León Gómez.
Colombia-ElQuimbo Megaprojects & ESCR-Publications-Facts Finding Mission Report-2016-SPA (full report in PDF, Spanish)
Feb 23, 2016
“The reform of the legal profession in the Republic of Tajikistan is in deadlock and requires urgent measures to secure an independent profession,” the ICJ said today as it published its recommendations on the reform of the legal profession in the country.
The ICJ found that the current situation risks depriving the legal profession of its independence and reduce significantly the number of practicing lawyers.
Following an ICJ round table discussion held in Dushanbe in December 2015, the ICJ was requested by the participants to provide an analysis of the state of the reform and present its recommendations.
The ICJ recommended amongst other things that:
- The authorities abstain from interference with the free election of office-holders of the self-regulating profession;
- Amendments to the Law on Advokatura enacted in November 2015 that impede the independence of the legal profession be repealed or replaced;
- The independence of the Qualification Commission from the executive be ensured in particular by making it a body of the Union of Lawyers;
- The requirement that already-qualified lawyers re-apply for qualification or lose their right to practice be repealed; and
- No discrimination, direct or indirect, should be permitted as regards entry into the profession.
These and other recommendations aim to facilitate a rapid way out of a stalemate which has emerged in Tajikistan where an independently elected Chair of the Union of Lawyers is refused his status as a lawyer as a result of problematic legislative amendments.
The recommendations follow a round table discussion organized by the ICJ in December 2015, where the principles and practice of the independence and self-governance of bar associations, as well as other issues of significance for the independence of lawyers, including the qualification process and disciplinary action, were discussed.
These discussions as well as the analysis of the legislation served as a foundation for the present recommendations based on international law and standards on the role of lawyers.
Tajikistan-Independence of legal profession-Publications-Reports-Thematic reports-2016-ENG (full report in PDF, English)
Tajikistan-Independence of legal profession-Publications-Reports-Thematic reports-2016-RUS (full report in PDF, Russian)
Tajikistan-Indep legal prof-News-Web stories-2016-RUS (full story in PDF, Russian)
Jan 27, 2016
On 8 and 9 October 2015, the ICJ held a consultation meeting in Tunis on the topic of judicial accountability. The ICJ today is publishing a summary report of the discussions.
The focus of the meeting was on mechanisms and procedures for holding judges to account for involvement in violations of human rights, judicial corruption or similar judicial misconduct, in developing countries.
The Tunis meeting offered the opportunity for judges, researchers and other professionals with expertise in justice systems in a range of developing countries from Africa, South America and the MENA region, to exchange views and experiences on the topic.
Drawing from their professional experience,knowledge and personal opinion, the participants discussed types of accountability mechanisms, their efficiency, and the main challenges faced in pursuing judicial accountability and potential ways to overcome them in developing countries.
The Tunis consultation forms part of a larger ongoing project on judicial accountability.
The ICJ intends to publish in the coming months a report of further reflections on the particular challenges for judicial accountability in developing countries, as well as a more global Practitioners’ Guide on Judicial Accountability in June 2016.
These publications will draw on the Tunis consultation, the 2015 Geneva Forum of Judges and Lawyers (14-15 December 2015), as well as further research.
This report of the Tunis consultation offers a thematic summary of the discussions held over the course of the two days meeting, and also includes annexes with the list of participants, and questions for reflection, provided to the participants in advance of the meeting.
The ICJ is grateful for funding from the Ministry of Foreign Affairs of Finland, without which the Tunis consultation and additional ICJ consultations, research and analysis on judicial accountability in developing countries would not have been possible.”
Universal-Tunis Consultation-Publications-Seminar and Conference Report-2016-ENG (full report in PDF)
Nov 24, 2015
Today, the ICJ released a report calling for reform of the legal profession in the Russian Federation.
“The legal profession in Russia presents a complex picture. It includes obvious achievements and strengths, but remains severely constrained and flawed in its ability to uphold the rule of law and human rights within the justice system,” says the ICJ report published today in English and in Russian languages.
“The wider problems in the justice system, and its routine failure to protect human rights and in particular the right to a fair trial, including the principle of equality of arms, pose grave challenges to lawyers in fulfilling their professional duties,” the report concludes.
The ICJ report Towards a Stronger Legal Profession in the Russian Federation follows a mission to the Russian Federation in May 2015.
After three reports dedicated to various aspects and issues of the judiciary in the Russian Federation, the ICJ through the mission, and this report, has turned its attention to the problem of the legal profession at a time when significant changes in the profession are under discussion.
The report analyses the legal framework governing the legal profession in the Russian Federation, and discusses practical issues raised during the mission.
It evaluates laws and practices in light of international law and standards on human rights, including the right to fair trial, as well as international standards on the independence of the legal profession.
These standards address the organization and operation of the legal profession including regulation of the profession, qualification, ethics and discipline of lawyers, guarantees against interference with the work of lawyers and protections necessary for lawyers to defend the rights of clients.
Though these standards may be broadly worded and leave room for differing approaches by national systems, they provide authoritative and widely accepted guidance which should inform national systems and practices.
The report describes the history and current landscape of the legal profession in the Russian Federation. It describes the organization, bodies and procedures of the Federal and regional chambers and analyses questions related to the entry to the profession.
The report further describes problems with ethics and disciplinary proceedings and the professional guarantees of lawyers as well as the main points of the ongoing reform of the legal profession.
Finally, based on international law and standards, the report provides recommendations which propose legal and practical measures to be taken to advance the independence of the legal profession in the Russian Federation, and its effectiveness in upholding human rights.
CONTACTS:
Róisín Pillay, Director, Europe Programme, roisin.pillay(a)icj.org
Temur Shakirov, Legal Adviser, Europe Programme, temur.shakirov(a)icj.org
DOCUMENTS:
Russia-Towards-a-Stronger-Legal-Profession-Press-Release-2015-RUS (Press release PDF – Russian)
Russia-Towards-a-Stronger-Legal-Profession-Publication-2015-Eng (Full publication in PDF – English)
Russia-towards-a-stronger-legal-prof-publication-2015-RUS (Full publication in PDF – Russian)
Nov 15, 2015
This new Guide published today by the ICJ aims at providing legal practitioners and human rights advocates with updated knowledge about the applicable standards for the protection of economic, social and cultural rights (ESC rights) in Zimbabwe.
The Guide is an adaptation of existing publications elaborated by the ICJ in the past years. It is largely based on the ICJ Practitioners Guide No. 8: “Adjudicating Economic, Social and Cultural Rights at National Level”.
It can be downloaded here: Zimbabwe-Guide ESCR web-Publications-Thematic Report-2015-ENG (full report in PDF)
