Mar 1, 2021 | Cases, News
Today, the ICJ will argue in a case before the Johannesburg High Court that the rights to housing and work for persons who work to informally reclaim waste must be protected in line with international law and standards.
Today the International Commission of Jurists will be appearing as an amicus curiae in the matter of Ryckloff-Beleggings (Pty) Ltd v Ntombekhaya Bonkolo and Others. In this matter, the Socio-Economic Rights Institute of South Africa represents over 100 informal waste reclaimers who are opposing an application for eviction from their homes by, Ryckloff-Beleggings (Pty) Ltd, the owner of the property.
The ICJ, represented by Lawyers for Human Rights, is asking the Court to fully consider the impact of any eviction order it grants on the rights to housing and work of the reclaimers and the right to health of both the reclaimers and the broader community, particularly in the context of the ongoing COVID-19 pandemic.
Timothy Fish Hodgson, Legal Adviser on Social, Economic and Cultural Rights at the ICJ said:
“It is inhumane to render people homeless as a result of eviction from their homes, but when doing so also strips them of their ability to make a living, the impact on their dignity is even greater. South Africa has a duty to ensure the protection of the reclaimers’ rights to housing and work.”
Many of the informal reclaimers in this matter have lived on the property for long periods of time and they argue that the eviction will result in them being rendered homeless. Many make a living by collecting, sorting, recycling, and selling valuable materials disposed of as waste at and near their homes.
The land upon which they live is not just their home, but also allows them to make a living. In the South African context job opportunities are scarce with an official unemployment rate as high as 32.5 percent.
The ICJ brief calls on the Court to take account of international human rights law relating to the right to work, and South Africa’s international legal obligations and its own domestic law in terms of the right to housing.
In the event of their eviction being permitted by the Court, the reclaimers seek the provision of alternative accommodation which will not deprive them of their ability to make a living, a request which the ICJ contends is consistent with the requirements of international human rights law.
Thandeka Chauke, ICJ’s legal representative in this matter and an Attorney at Lawyers for Human Rights said:
“Especially in light of the economic devastation brought on by the COVID-19 pandemic, it is essential that Courts act as guardians of the human rights of the marginalized in our society. Informal reclaimers’ role in our society should be recognized and they should not be stripped of their homes and livelihoods without sufficient effort being made by government to come to their aid.”
For the ICJ’s heads of arguments, click on ICJ_Amicus_Curiae_Heads_of_Argument_Ryckloff.
For more information about the case, click here.
CONTACT:
Timothy Fish Hodgson, Legal Adviser on Social, Economic and Cultural Rights, e: timothy.hodgson@icj.org
Tanveer Rashid Jeewa, Communications and Legal Officer, e: tanveer.jeewa@icj.org
Sep 30, 2019 | Advocacy, News, Publications
The ICJ today published a “Strategic Litigation Handbook for Myanmar.” In this, the ICJ seeks to offer an accessible, concise and substantial overview of the conceptual basis and purpose of strategic litigation.
The Handbook shows the potential impacts of strategic litigation in Myanmar, by drawing on experiences from Myanmar and other countries, while recognizing the related challenges and opportunities, as expressed by legal professionals and civil society actors. It is intended to be useful to all legal practitioners and community activists in Myanmar.
While there is no universal definition or conception of ‘strategic litigation,’ the term is typically used to describe litigation whereby the interests may go beyond those of the primary litigants. The various adjudication processes it entails are sometimes referred to as ‘public interest litigation’, ‘impact litigation’, ‘test case litigation’, or ‘community lawyering’. What they all have in common is the idea that courts and the law can be used as part of a campaign to achieve broader change in relation to matters seen to be in the broader public interest.
Part one of the Handbook explores core aspects of strategic litigation, including its origins, key concepts, potential impacts, challenges and forums. In part two, areas of law are identified which offer potential options for strategic litigation actions, including procedures, legislation and constitutional writs. Practical steps for the planning and application of strategic litigation, such as media strategy and case selection, are outlined in part three. Finally, part four of the Handbook discusses related challenges in the Myanmar context, including a discussion of requisite reforms required in the justice sector more broadly.
The Handbook (first edition) is published in Burmese and English.
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 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.
Aug 10, 2016 | News
A law in Belize that disproportionately affects gay men was today ruled unconstitutional by the country’s Supreme Court after a three-year wait for the judgment.
Section 53 of Belize’s Criminal Code, an old British colonial law, banned ‘carnal intercourse against the order of nature’ and thereby made consensual gay sex between adult men in private illegal in Belize. Today the legal provision has been ruled ‘unlawful’ to the extent that it can be applied to same-sex activity.
In handing down the judgment, Chief Justice Kenneth Benjamin agreed that Section 53 amounts to a violation of the constitutional rights to dignity, privacy, equality and non-discrimination on grounds of sex. He found that there was no justification in the form of ‘public morality’ and therefore the law must be modified. He awarded costs to the Claimaint, Caleb Orozco.
The case is the culmination of years of work by a Caribbean-led coalition of lesbian, gay, bisexual and trans (LGBT) activists, academics and legal experts. The individual claimant is Caleb Orozco, a Belizean gay man and prominent LGBT human rights advocate.
Today Orozco said: “This is the first day of my life in which it is legal for me to be me. This is a history-making judgment for Belize, the country which I am proud to call home. Our judicial system has been proven to be robust and unprejudiced. This judgment should give other oppressed minorities the confidence to speak up and stand up for themselves in situations of human rights abuse in the way I have. Our courts really are there to protect us all. In striking down Section 53, Belize has also rejected a poisonous remnant of colonial rule. We have reaffirmed ourselves as a society built on dignity and respect for all our people. This is a proud day.”
Simone Hill, President of the United Belize Advocacy Movement (UNIBAM) said before the judgment: “This is about our human rights. As citizens of this country our rights should be respected without fear or favour. Win or lose, we will continue the fight to ensure the victory of the protection of our rights.”
The case was heard in May 2013 and presided over by Chief Justice Kenneth Benjamin. Today’s ruling – some three years and three months later – upholds Belize’s LGBT (lesbian, gay, bisexual and trans) community’s human rights to privacy, equality, dignity and non-discrimination, all of which are protected under the country’s constitution.
A group of churches, namely the Roman Catholic Church of Belize, the Belize Church of England Corporate Body, and the Belize Evangelical Association of Churches were admitted as ‘Interested Parties’ in the case opposing Mr Orozco’s claim and seeking to maintain the criminalisation of gay men in Belize.
Meanwhile, the International Commission of Jurists, the Commonwealth Lawyers Association and the Human Dignity Trust were joint ‘Interested Parties’ in support of Mr Orozco.
Téa Braun, Legal Director of the Human Dignity Trust, said:
“This is a great victory for human rights and the rule of law.
Intimacy in private between two adults of their own free will should not be a matter for the law. The only outcome of such laws is to blight the lives of members of the LGBT community by fostering a climate of oppression and state-sponsored discrimination. The bravery and resilience of colleagues across the Caribbean who have worked tirelessly on this case is an inspiration. Caleb Orozco is a hero and a trailblazer. The Human Dignity Trust is immensely proud to have worked alongside him and his legal team.”
Alex Ward, President of the Commonwealth Lawyers Association, which passed a resolution on the ‘Decriminalisation of Sexual Orientation’ in 2009, said: “This is a sound and just ruling which we whole heartedly welcome. It is the CLA’s mandate to uphold the rule of law across the Commonwealth and today marks a considerable success in maintaining the integrity of the Belizean Constitution and protecting its citizens’ fundamental rights.”
Livio Zilli, Senior Legal Adviser at the International Commission of Jurists (ICJ), said: “The ICJ hails the courage, commitment and tenacity of the entire LGBT movement in Belize, and Caleb Orozco’s in particular, and salutes this decision as a critical contribution to upholding people’s human rights whatever their sexual orientation or gender identity.”
While convictions under Section 53 in Belize were rare, the law carried a sentence of up ten years’ imprisonment effectively for consensual homosexual sex.
There are still 76 legal jurisdictions across the world that make same-sex intimacy between consenting adults a crime. Of these, 38 countries are, like Belize, members of the Commonwealth.
The Interested Parties that joined in support of the case were represented by Godfrey Smith SC and Debevoise & Plimpton led by Lord Goldsmith QC. Tim Otty QC, founder of the Human Dignity Trust, Tristan Jones, Jessica Gladstone, Nicola Leslie, Conway Blake, were key members of the victorious legal team.
