Aug 1, 1994
In times of transition, the judiciary needs to be given special attention. This period is essential to restore the balance between the three state authorities, to empower the judiciary to become a separate and equal power. As such, it can fullfil its role as the main protector of human rights.
This third issue of the CIJL Yearbook contains:
- Editorial, by Mona Rishmawi
- Seminar on Judicial Functions and Independence in Cambodia: report of the seminar
- Seminar: towards an Independent Palestinian Judiciary, with the following documents:
- The Independence of the Judiciary and the Rule of Law, by Adama Dieng
- The Palestinian Courts and Human Rights, by Raji Sourani
- Legislative Protection o f Human Rights Norms, by Michael Ellman
- How to Build a Judiciary that Protects Human Rights, by Paul Gomez
- The Role of Lawyers and their Bar Associations, by F.S. Nariman
- Lawyers in the West Bank, by Ali Guzlan
- Lawyers in Gaza, by Fraih Abu Middien
- Basic Text: Resolution 1994/41 of the UN Commission establishing a Special Rapporteur on the Independence of the Judiciary
CIJL Yearbook-judiciary in transition-III-1994 -eng (full text in English, PDF)
CIJL Yearbook-judiciary in transition-III-1994 -fra (full text in French, PDF)
CIJL Yearbook-judiciary in transition-III-1994 -spa (full text in Spanish, PDF)
Jun 22, 1994 | News
The ICJ regrets the Government of Pakistan’s attempt to influence the result of the ICJ report on Kashmir.
Feb 1, 1994 | Advocacy, Non-legal submissions
The document consists of three parties. The first is a general review of the basic rules regarding reservations to treaties. The second part contains a country-by-country review, outlining the reservations made by Bangladesh, China, India, Indonesia, South Korea, Myanmar, Pakistan and Thailand. The third part contains conclusions, focusing on the best strategies for NGO advocacy with regard to these reservations to the Convention of the Rights of the Child.
Asia-Convention Rights of the Child-non-legal submission-1994-eng (full text in English, PDF)
Dec 1, 1993
A study report on the refugee crisis in Nepal with reference to global situation
A Report for ICJ/Nepal Section in cooperation with Stichting European Human Rights Foundation, Belgium
Nepal has come under the grip of the refugee problem following the huge influx of the Bhutanese refugees in this country. The report has highlighted the global refugee problem while accounting for the refugee problem facing this country.
The study report consists of five major chapters with several sub chapters included in them . The first chapter briefly accounts for the conceptual framework on the refugee issue with reference to historical perspectives. The second chapter takes a look at the global refugee crisis and humanitarian assistance measures. Accordingly, chapter 3 and 4 briefly examine the refugee problem in Nepal and the response measures to tackle the growing refugee crisis. The concluding chapter suggests some relevant measures to address the global refugee problem.
Nepal-refugee problem-thematic report-1993-eng (full text in English, PDF)
Sep 23, 1993
Report of a mission to Sri Lanka in May-June 1991 on behalf of the ICJ by Stephen C. Neff to study the mandate and operation of the Presidential Commission of Inquiry in respect of NGOs in Sri Lanka.
The NGO Commission consisting of seven eminent persons was established in December 1990 to report on the misuse of funds by NGOs, the legal framework for their supervision and on “such other matters that appear relevant to the
determination of the above matters”.
The report prepared by Dr. Neff was critical of a number of aspects of the work of the NGO Commission, including the breadth of its terms of reference and the oppressive nature of some of the requests for information
The report includes:
Preface
I. Background of the NGO Commission
A. The Appointment
B. The Commission’s Methods
II. Freedom of Association: International Legal Norms
III. Freedom of Association: Provisions in the Law of Sri Lanka and of Selected Other Jurisdictions
A. Sri Lanka
B. Selected Other Jurisdictions (India, United Kindgom, United States of America, Canada, Netherlands, Mauritius)
IV. Instructive Case-Law on Freedom of Association
A. General Considerations
B. India
C. United Kingdom
D. United States of America
1. Legislative Inquiries and Freedom of Association
2. Substantive Regulation of NGOs and Freedom of Association
V. The ICJ Mission to Sri Lanka (30 May – 6 June 1991)
VI. The Findings of the ICJ Mission to Sri Lanka
A. The NGO Community
B. The Donor Community
C. The Sri Lanka Government (including the NGO Commission)
VII. Recommendations to the Government of Sri Lanka
A. General Considerations
B. The NGO Commission
C. The Substantive Regulation of NGOs
Appendices:
- The Commissions of Inquiry Act of 1948 of Sri Lanka
- The Terms of Reference of the NGO Commission
- Notice to the Public from the NGO Commission
- Questionnaire Issued to NGOs by the NGO Commission
- Supplementary Questionnaire Issued to NGOs by the NGO Commission
- Voluntary Social Service Organizations (Registration and Supervision) Act of 1980 of Sri Lanka
Sri-Lanka-inquiry-presidential-commission-NGOs-report-mission-1991-eng (full text in English, PDF)
