Oct 3, 2019 | News
From 1 to 3 October, the ICJ and the Lesotho National Federation of Organizations of the Disabled (Lnfod), an umbrella body of organizations for persons with disabilities, held a judicial training in Lesotho on the rights and access just to persons with disabilities.
The workshop was attended by judges, magistrates, disability law and policy experts, Lnfod and ICJ legal advisers and ICJ Commissioner Justice Charles Mkandawire.
At the workshop, the ICJ Legal Adviser Associate Nokhukanya Farise discussed on the UN international legal framework on access to justice for persons with disabilities at both the universal and regional levels. In this regard, the ICJ highlighted provisions related to access to justice of the International Convention on the Rights of Persons with Disabilities (CRPD), as well as the Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Persons with Disabilities in Africa.
These instruments provide for a substantive right to access to justice for persons with disabilities under article 13.
In addition, they expand on the rights to non-discrimination and equality of persons with disabilities, as well as their right to equality and access to the physical environment, facilities, services and infrastructure required under article 9 of the CRPD.
Justice Charles Mkandawire of the High Court of Malawi and ICJ Commissioner, who attended the workshop and facilitated a session on the role of the judiciary, said: “The judiciary should be functional independently of the executive and legislature, and the relationship between all three should be characterised by mutual respect. The judiciary should also be impartial and independent to prevent the abuse of power.”
Lnfod has been actively working to secure access to justice for persons with disabilities in the criminal justice system of Lesotho. In the workshop, independent law and policy expert Dianah Msipa discussed the case of Koali Moshoeshoe and Others v DPP and Others, where Lnfod successfully challenged the constitutionality of Section 219 of the Criminal Procedure & Evidence Act No.9 of 1981 in the High Court (Constitutional Division).
That provides that persons with intellectual/psychosocial disabilities are not competent witnesses, denying them equal access to justice.
Lnfod explained the Court’s ruling that the legal barrier violated the right to equality before the law and was discriminatory on the basis of disability. It also disproportionately affected women and girls with intellectual and psychosocial disabilities as this rendered them vulnerable sexual abuse.
Lnfod indicated it hoped that the Koali Moshoeshoe case would act as a reformative judicial precedent which will be disseminated and implemented by the courts of law across the country.
“The shift towards the realization of the right to legal capacity for persons with intellectual/psychosocial presents a remarkable opportunity towards overall enjoyment of all the rights provided for in the United Nations Convention on the Rights of Persons with Disabilities on an equal basis with others,” Lnfod said in a statement delivered before the workshop.
At the workshop, independent disability law and policy expert Dianah Msipa explored the issues of understanding disability, the rights of access to justice for persons with disabilities, barriers to effective participation in the criminal justice system, and the use of accommodations in access to justice.
“The training was well-received by all the delegates and I am encouraged by the word of the delegates who stated that they would start providing accommodations to persons with disabilities,” Dianah Msipa said.
Contact:
Khanyo Farise, e: Nokukhanya.Farise@icj.org
Oct 2, 2019 | News
This support comes as the ICJ documents failure of criminal justice system on human rights accountability with its report Accountability for Serious Crimes under International Law in Libya: An Assessment of the Criminal Justice System.
At today’s launch of the publication, the UN Support Mission in Libya (UNSMIL), the Delegation of the European Union to Libya (EUDEL) and the European Union Border Assistance Mission (EUBAM) supported calls for the establishment of a UN Commission of Inquiry for Libya.
The ICJ’s report examines the criminal justice framework in Libya and finds that investigations and prosecutions of crimes under international law have been limited to a handful of cases, and that future cases are unlikely meet international standards necessary to ensure fair and effective justice, in particular the rights to liberty and a fair trial and the prohibition on torture and ill-treatment.
The support by international actors echoes the ICJ’s call for the establishment of a Commission of Inquiry or similar mechanism to monitor, document and report on human rights violations in order to identify perpetrators, and gather and preserve evidence for future prosecutions, either national or international.
UNSMIL, the EU and a number of States expressed their support for the establishment of a Commission of Inquiry or similar mechanism at the 42nd session of the Human Rights Council.
The ICJ also advocated for such a mechanism in its statement to the Council on 25 September.
At the launch, ICJ Senior Legal Adviser Kate Vigneswaran said that “it’s time for States to stop working on the premise that the Libyan criminal justice system can effectively ensure accountability for crimes committed by State and non-State Actors and instead look at options for ensuring they don’t go unpunished.”
The ICJ’s report also calls on States and UN actors to ensure they adopt human rights-compliant terms in their engagement with Libya and to refrain from entering into or implementing agreements with Libyan authorities that could give rise to support for or complicity in violations of international law.
Kate Vigneswaran stated: “Human rights and accountability should underpin any agreements and engagement with Libyan actors entered into by States, rather than being sidelined in the interests of a political solution. Time has shown that the absence of human rights at the forefront of dialogue and engagement with stakeholders has failed to ensure the cessation of egregious human rights violations and abuses being perpetrated throughout the country.”
The launch, which was held in partnership with the Embassy of the Netherlands in Libya, was opened by the Netherlands’ Ambassador, H. E. Mr. Lars Tummers.
Kate Vigneswaran discussed the key findings and recommendations contained in the report. A panel comprised of ICJ Commissioner Marwan Tashani and representatives of EUDEL, EUBAM and UNSMIL responded to the report and provided insights into their work in Libya.
Sep 17, 2019 | Events, News
This event held in Warsaw, Poland, will provide an overview of the ongoing challenges human rights lawyers in the OSCE region are facing in their daily work.
A flyer for the event is available here.
Sep 16, 2019 | Advocacy, Non-legal submissions
The ICJ today put the spotlight the increase and “normalisation” of enforce disappearances and abductions worldwide, with examples about Turkey, Egypt and Saudi Arabia, speaking at the UN Human Rights Council in Geneva.
The statement, made during the general debate, reads as follows:
The International Commission of Jurists (ICJ) shares concerns highlighted by the Working Group on Enforced and Involuntary Disappearances in its report (UN doc. A/HRC/42/40) at the “increasing use of extraterritorial abductions” and at the “normalization of these practices” globally. ICJ previously documented such practices in our 2017 report, Transnational Injustices.
The killing of Jamal Khashoggi by Saudi Arabia is an example of particular concern, as is the reported abduction, by Turkish authorities, of persons they claim to be linked to “terrorist organisations.” Several of these people, who later reappeared in Turkish prisons, are currently facing serious challenges in mounting a proper legal defence. Complaints of the families have not been properly investigated.
In Egypt, the National Security Agency (NSA) has been abducting and forcibly disappearing hundreds as a technique to suppress dissent. This year, the ICJ and Adalah reported on the disappearance of 138 detainees for between 10 to 219 days, many of whom were subjected to torture.
The ICJ urges the Council to address these worrying developments and calls on all countries:
- to stop all practices of enforced disappearance, abduction or informal international transfer;
- to ratify the International Convention for the Protection of All Persons from Enforced Disappearance, and
- to provide to the victims of enforced disappearance and their families full access to their rights, including an effective remedy.
Sep 13, 2019 | Events, News
The ICJ and the UN Special Rapporteur on the rights of indigenous peoples are organizing a panel discussion on indigenous justice and human rights, at the UN Human Rights Council session in Geneva.
The event takes place Tuesday, 17 September 2019, at 13:00 – 14:30, Room VIII, in the Palais des Nations.
The event will discuss, among other aspects:
- The right of indigenous peoples to maintain their legal systems;
- The contribution of indigenous justice systems to equal access to justice, including under SDG 16;
- Indigenous justice systems and other human rights, including fair trial and rights of women and children;
- The relationship between indigenous and non-indigenous justice systems.
The panel will feature:
- Victoria Tauli Corpuz, UN Special Rapporteur on the rights of indigenous peoples.
- Ilaria Bottigliero, IDLO Director of Policy, Research and Learning.
- Jovita Tzul Tzul, indigenous lawyer from Guatemala.
- Matt Pollard, ICJ Senior Legal Adviser.
The event will allow for dynamic exchange between panelists and attendees, on current initiatives including: the Special Rapporteur’s report on indigenous justice systems; ICJ’s global initiative on indigenous and other traditional or customary justice systems; and IDLO’s series of publications titled ‘Navigating Complex Pathways to Justice: Engagement with Customary and Informal Justice Systems’, which aim to advance policy dialogue and distil lessons from programming and research to help realize SDG 16.
Spanish-English interpretation will be available.
A flyer in PDF format can be downloaded here: SideEvent-IndigenousJusticeandHumanRights
For more info contact un(a)icj.org
