Dec 1, 1996
The questions posed in the preface of the 1992 ICJ report of a mission to Hong Kong, Countdown to 1997, issued in 1992, remain unanswered even though the future has almost been reached.
The future is 1 July 1997. On that date, sovereignty over Hong Kong will be transferred from the United Kingdom to the Peoples’ Republic of China.
The ICJ has continuously been concerned about the maintenance and protection of the Rule of Law, respect for human rights and the independence of the judiciary, after the territory reverts to Chinese control. These concerns were initially broached in Countdown to 1997.
At that time, in 1992, the two main questions were: will the Government of the Peoples’ Republic of China allow Hong Kong the high degree of autonomy which it has promised? And will the Chinese government allow the people of Hong Kong to continue to benefit from and exercise the universal rights and freedoms which it has so far denied to its own citizens? The answers to these questions remain, so far, from satisfactory.
As part of an ongoing follow-up, the President of the ICJ, Justice Michael D. Kirby AC CMG, visited the British territory in October 1996. He met with representatives of the Territory’s government, the legal profession and members of the Legislative Council and the Executive Council.
This follow-up report of Justice Kuby’s visit provides a disturbing account of the uncertainty that remains just a few months away from the transition of sovereignty from the United Kingdom to China.
It is now increasingly evident that strong mobilisation and vigilance will be required from international human rights bodies and the international community to ensure that for the six million inhabitants of Hong Kong, the territory can be kept safe for democracy, the Rule of Law and human rights.
The ICJ, for its part, has committed itself to endeavour to ensure that this transition will not be to the detriments of the people of Hong Kong.
Hong Kong-the countdown continues-fact finding mission report-1996-eng (full text in English, PDF)
Dec 1, 1996 | News
Today, the ICJ announced that its President, Justice Michael Kirby of Australia, has submitted his report entitled Hong Kong and the Rule of Law.
Nov 1, 1996
Nepal is an agricultural country. The problem of landlessness has been very much acute in this country. Even a landownership title is needed for claiming citizenship in the country.
Land titles make a person creditworthy and socioeconomic entitlements are correlated with the size of land holding. This report seeks to bring to fore the state of agriculture and the relationship between agrarian relations and human rights.
The study report consists of seven chapters. The first chapter provides a short socio-economic profile of Nepal. The second chapter deals with state of farm productivity in Nepal. The third chapter takes a look at the agrarian structure or the state of agrarian relations in the country. The chapter four of the report discusses land reform
measures undertaken in the past. The chapter also takes a critical look into the reasons why the past land reform initiatives failed. The major highlights of the Land Act (Fourth Amendment) are also included in the chapters.
Chapter five discusses the relationship between democracy, development and human rights. Moreover, chapter six provides an elaboration on the human rights implications of the existing agrarian relation in country.
Chapter seven sets forth some conclusions and recommendations.
Nepal-human rights agrarian relations-thematic report-1996-eng (full text in English, PDF)
Mar 1, 1996
This issue of the CIJL Yearbook includes articles, analysis, declarations and decisions related to the independence of the judiciary, with a focus on Asia.
Part One: Articles
- Australia: The State of the Judicature, by Sir Gerard Brennan
- Brazil: Independence and Financial Autonomy of the Judiciary, by Dalmo A. Dallari
- Indonesia: Some Challenges to the Independence of the Judiciary, by Adnan Buyung Nasution
Part Two: Threats against the Immunity of the UN Special Rapporteur on the Independence
of Judges and Lawyers
- Background
- Annex 1: Excerpts from the 1946 Convention on the Privileges and Immunities of the United Nations
- Annex 2: Certificate by the UN Secretary-General
- Annex 3: Certificate by the Malaysian Minister of Foreign Affairs
- Annex 4: Excerpts from the Judgment of 20 October 1997
- Annex 5: The Reaction of the UN High Commissioner for Human Rights
- Annex 6: The Reaction of the UN Human Rights Experts
Part Three: Declarations
1. The Beijing Statement of Principles of the Independence of the Judiciary
- Introduction, by David K. Malcolm
- Text
- CIJL Observations
2. Australian States’ and Territories’ Declaration of Principles on Judicial Independence
Part Four: From Our Database of Court Decisions
- Decision N° 1. Canada: Reference Re: Independence of Judged of Provincial Court
- Decision N° 2. Norway: Jens Viktor Plahte vs. The State
- Decision N° 3. Pakistan: Re. Appointment of Justice SajjadAli Shah as Chief Justice of Pakistan
CIJL Yearbook- Asian and other perspectives-V+VI-1998-eng
Dec 1, 1995
Long before the OJ Simpson murder trial, the ICJ’s Centre for the Independence of Judges and Lawyers recognised that freedom of information and speech must be properly balanced with the needs of the proper administration of justice. In an attempt to address this delicate balance, a group of 40 distinguished judges, lawyers, and media representatives gathered in Madrid – Spain, in January 1994 to participate in a seminar on the relationship between the media and judiciary. The seminar was organised by the ICJ.
“This volume of the CIJL Yearbook contains a selection of the papers presented during the seminar. The papers present a wide range of issues related to media coverage of judicial proceedings.
They attempt to balance between the doctrine of judicial independence and the public’s right to know. Amongst the topics explored in this volume are the parameters of judicial reporting, as
well as the impact of modern technology on judicial independence.”
This issue contains:
Editorial
Part One: The General Principles Governing the Relationship Between the Media and Judiciary
- Background Paper: The Relationship Between the Media and the Judiciary, by Mona Rishmawi, Peter Wilborn and Cynthia Belcher
- The Impact of Publicity on Juvenile Justice, by Joaquim Ruiz- Gimenez
Part Two: The Parameters of Judicial Reporting
- Media Criticism of Judges and Judicial Decisions, by P.N. Bbagwati
- The Proper Role of the Media in Court Reporting, by Andrew Nicol, QC
- The Media and the Judiciary: The Constitutional and Political Context, by David Rose
Part Three: The Impact of Modem Communication Technology
- The Globalisation of Modern Media Technology, and its Impact on Judicial Independence, by Michael Kirby
- Publication Bans on Court Proceedings in Canada, by Omar Wakil
Part Four: Are Codes of Ethics Necessary?
- Are Impediments to free Expression in the Interest of Justice?, by Fali S. Nariman
- An Overview of Media Codes of Ethics and their Relationship to Judicial Independence, by Rainer von Schilling
- Reports on Judicial Proceedings and the Effectiveness of Guidelines m Sweden, by Lennart Groll
Appendix One: Documents
- Document 1: The Madrid Principles
- Document 2: Extracts from the International Covenant on Civil and Political Rights
- Document 3: Extracts from the Siracusa Principles on the Limitation and Derogation Provisions in the International Covenant on Civil and Political Rights
Appendix Two: The List of Participants
CIJL Yearbook- media and judiciary-IV-1995-eng (full text in English, PDF)
CIJL Yearbook- media and judiciary-IV-1995-fra (full text in French, PDF)
