Mar 3, 2017 | News
15 HRDs from Mozambique, including lawyers and journalist working in different provinces and towns of Mozambique including Nampula, Manica, Tete, Sofala and Beira held a strategy meeting for the protection of human rights defenders (HRDs) in Maputo from 2-3 March 2017.
The meeting was facilitated by the ICJ in collaboration with the Southern Africa Human Rights Defenders Network (SAHRDN) supported by the Open Society Foundations (OSF) and Open Society Institute of Southern Africa (OSISA).
Participants reflected on the state of human rights in Mozambique with a focus on prevailing political and economic conditions requiring urgent multi-pronged interventions to support HRDs.
The participants developed practical steps for legal protection of HRDs, enhancing a HRDs network, the nature of services and safety mechanisms required to protect HRDs including in violent conflict. In addition, ideas on how to address business and human rights violations were explored.
The use of strategic litigation at the domestic and international level to protect human rights was looked at and specific situations mapped as requiring some attention.
Linkages to regional and international human rights mechanisms for protection purposes and challenging impunity were discussed and some initial measures to take at the African Commission on Human and Peoples Rights were identified.
Contact
Arnold Tsunga, ICJ Regional Director for Africa, t: +27 716405926, e: arnold.tsunga(a)icj.org
Feb 13, 2017 | News
The ICJ today announces the establishment of an expert panel of jurists to study and provide guidance on the effectiveness of grievance procedures provided by businesses to address and remedy harms arising from their operations.
The Panel, composed of senior retired judges, academics and legal practitioners, will work with the support of a wider group of civil society organizations, lawyers, academic institutions and the legal profession.
Many large business enterprises and projects have their own internal procedures and mechanisms to address concerns affecting individuals and local communities that arise from their operations. Known as operational-level grievance mechanisms, these are an integral part of responsible business practices and a way to remedy real or perceived wrongs.
The use of operational-level grievance mechanisms is recommended by the United Nations Guiding Principles on Business and Human Rights and global institutions, such as the World Bank.
However, poor design and/or implementation of these grievance mechanisms can result in further problems, aggravating the harm to individuals and communities and impacting on the company’s or project’s own sustainability.
The ICJ initiative has been prompted by concerns about recent cases where people the mechanisms were meant to help have been unaware of their very existence, the procedures have been unfair or unclear and outcomes have been inadequate for the kind of harm experienced.
Most importantly some grievance mechanisms seem to stand in the way of meaningful access to justice for adversely affected people.
The panel members
The expert Panel is the think tank of the ICJ initiative. Besides holding wide consultations and site visits to specific projects, the Panel will advise the ICJ on preparation of a report and a guidance to support the work of practitioners and human rights defenders working in this field.
The members of the Panel, five of whom are ICJ Commissioners, are:
- Justice Ian Binnie (retired) formerly of Canada’s Supreme Court
- Sheila Keetharuth, Lawyer in Mauritius and currently UN special rapporteur on the human rights in Eritrea
- Justice John O’Meally (retired) formerly of the District Court of New South Wales and the Dust Diseases Tribunal in Australia
- Alejandro Salinas Rivera, lawyer and former legal advisor to the Government of Chile
- Professor Marco Sassoli, professor of international law at the University of Geneva
- Justice Ajit Prakash Shah (retired), formerly of the High Court of Delhi and presently Chair of the Law Commission in India
The Panel and the ICJ will receive advice for this work from a wider Consultative Group of practitioners and members of the legal profession.
The Consultative Group includes individuals of long-standing experience and recognised expertise on the functioning of grievance mechanisms at the project or operations level.
This initiative adds to the growing attention paid to remedy systems available to individuals and communities affected by business operations.
The final outcome of this initiative will be to provide guidance to making effective the remedial procedures systems available in cases of business-related human rights abuses in way that truly helps victims attain justice.
Feb 13, 2017 | News
The workshop, held from 11-12 February in Sittwe, brought lawyers and civil society together to discuss of experiences of strategic litigation elsewhere in Myanmar and the region, and consider potential public purpose litigation cases in Rakhine State.
Dr Daniel Aguirre, the ICJ’s International Legal Adviser in Myanmar, provided an introduction to strategic litigation as a method for promoting accountability in a time of transition in governance.
He noted the critical role of independent lawyers in protecting human rights, by representing clients from all communities in Rakhine State.
And he emphasized the importance of strategic litigation as a means to prevent violations and abuses of human rights, or to seek reparations where violations and abuses have occurred.
Kingsley Abbot and Jintana Sakulborirak, from the ICJ’s Asia Regional Office in Thailand, discussed strategic litigation cases from the region, including in northern Thailand where community members have launched an action to appeal the legality of land acquisition for a planned SEZ in Tak Province.
The cases highlighted how media engagement is a critical part of strategic litigation, to raise public attention on human rights issues and demands for accountability in the implementation of investment projects.
Daw Aye Mon Thu, advocate from Dawei Pro Bono Lawyers Network presented the experiences of Heinda Mine cases from Dawei Region, Southern Myanmar, emphasizing the importance of trust-building and cooperation with local community as stake-holder. Such a strategic litigation cases are extremely rare in Myanmar.
Discussions followed about potential cases for strategic litigation from Kyauk Phyu and Sittwe, including issues related to land acquisition for railways construction and an SEZ appear to have been carried out unlawfully in violation of human rights.
Participants discussed the principle of undertaking litigation for broader advocacy objectives rather than solely focusing on actually winning the case in the court.
They also reflected on the challenges and limitations for Myanmar lawyers to undertake strategic litigation.
Highlighting the vital role of lawyers, speakers encouraged participants to consider strategic litigation as a means to challenge unlawful acts that violate or abuse human rights, particularly accompanying business enterprises.
Rakhine State is among Myanmar’s poorest and most isolated provinces, where lawyers and CSOs have had limited exposure to concepts of human rights and international laws.
This workshop, the first of its kind to be held in Rakhine State, is part of efforts to address this gap by building legal literacy on international human rights law and lawyers to consider litigation as a strategy to protect human rights.
Dec 6, 2016 | News
Hosted on 3-4 December, the event was attended by a total of 40 participants which includes representatives of CSOs, lawyers, MPs and village track administrators.
The workshop aimed to raise awareness of international standards and best practice of resettlement and development-based eviction and displacement among local community in order to mitigate potential adverse impact associated with the development of the Kyauk Phyu Special Economic Zone.
In the opening, Dr Daniel Aguirre, ICJ International Legal Adviser, outlined the essential role of lawyers and community members in safeguarding human rights and holding the State and investors accountable.
The discussion was led by international experts and experienced and committed leaders of Civil Society Organization.
Susanna Price from Australian National University highlighted key principles of the ADB’s Involuntary Resettlement Policy along with experiences from China, Cambodia and Indonesia.
U Hayman Oo, ICJ Legal Researcher, explained how the UN principles on Development-based Eviction and Displacement are applicable in the context of Myanmar and urged the participants to use these standards for their advocacy work.
U Myo Mrat Hein, the Director and lawyer of the Thazin Legal Aid Group, discussed important issues surrounding the national land acquisition legislation whilst Sean Bain, legal consultant at the ICJ give a brief overview of important provisions of the Myanmar SEZ Law (2014).
The other two guest local speakers shared their first-hand experiences of advocacy work and resettlement issues which occurred during the development of Dawai and Thilawa SEZ respectively.
Participants exchanged strategies and ideas to take preparatory steps to mitigate potential impacts of the KPSEZ in terms of protecting their economic, social and cultural rights, learning from Dawei and Thilawa, as well as from international standards which Myanmar recognizes.
The new Kyauk Phyu SEZ Management Committee, along with Dawai and Thilawa, was formed last month with over 30 members including international and local social and environmental experts.
In a meeting held in Nay Pyi Taw following the establishment of the SEZ Management Committee, Daw Aung San Su Kyi emphasized that the current three SEZs of the country are leading projects for Myanmar’s economic growth.
She also expressed concerns over the potential negative effect of these zones if not properly implemented.
Oct 25, 2016 | Events
The ICJ convenes today a roundtable at the United Nations gathering several stakeholders to discuss on a possible future treaty on business and human rights.
Tuesday 25 October, 2016
13:00 to 15:00 hrs
Room XXVII- Palais des Nations
The second session of the Open Ended Intergovernmental Working Group to elaborate a legally binding instrument on Transnational Corporations and other business enterprises in relation to human rights, offers the opportunity to significantly advance the process of establishing an effective treaty that assist in preventing and addressing business related human rights abuses. Advancing the process will require stakeholders to reach a common platform of understanding on some core concepts and foundational elements before textual details can be elaborated and negotiated.
The objective of the roundtable is to assist in this process by creating a space for various stakeholders to address issues of importance for the treaty process from diverse points of view with the goal of enhancing mutual understanding among stakeholders of concepts and element that can serve as the basis for possible agreement for the future. This panel has a multistakeholder nature with a view to create a space of dialogue and understanding among the most important actors of the process.
Moderator:
Mr Ian Seiderman, Legal and Policy Director, International Commission of Jurists
Speakers:
Mr Ariel Meyerstein- United States Council of International Business, representing the International Organization of Employers
Mrs Makbule Sahan, Legal Advisor, International Trade Union Confederation
Prof Douglas Cassel, School of Law, University of Notre Dame, Indiana, United States
Prof Surya Deva, member of the UN Working Group on Business and Human Rights
Mr Humberto Cantú Rivera, Researcher at University of Panthéon-Assas, Paris II
Mrs Debbie Stothard, Secretary-General, International Federation of Human Rights (FIDH)
icj-side-event-2nd-session-flyer (download the flyer)
