Annual Review 2015 - International Bar Association
Transcription
Annual Review 2015 - International Bar Association
International Bar Association’s Human Rights Institute Annual Review 2015 ‘In a sense, this work will never end. To establish the rule of law, to establish the protection of human rights is continual.’ Ambassador (ret.) Hans Corell, IBAHRI Co-Chair Contents Foreword 4 About the IBAHRI 6 20 years of IBAHRI 8 Activities overview 10 Highlights 2015 12 Americas 14 Asia Pacific 18 Europe and Central Asia 24 MENA and sub-Saharan Africa 30 Thematic work 34 Publications, events and media 38 Looking ahead to 2016 39 Governance 42 Finance and donors 46 Meet the team 48 Glossary of terms 53 Foreword The IBAHRI team attending the ‘Rule of Law Fact-Finding by NGOs: Monitoring Standards and Maximising Impacts’ IBAHRI Colloquium © IBA 2015 On 5 December 1995, under the honorary presidency of the late Nelson Mandela, the IBA established its Human Rights Institute to promote and protect human rights and the independence of the legal profession, under a just rule of law. Twenty years on and the International Bar Association’s Human Rights Institute (IBAHRI) continues to work tirelessly with the global legal community for this very purpose. We do this because our belief is that lawyers and judges are those most able to defend and protect fundamental human rights. most exciting advocacy work is taking place. In 2015, the IBAHRI established a permanent presence in Geneva with the placement of a full-time legal specialist to work on strengthening the involvement of legal professionals in UN human rights mechanisms. Last year, the IBAHRI made stakeholder submissions to the Universal Periodic Review of Hungary, Myanmar, Swaziland and Tajikistan, and brought a delegation of Myanmar lawyers to Geneva to meet with representatives of Member States’ permanent missions and carry out advocacy activities. 2015 has been a particularly successful year for the IBAHRI. Following the conclusion of our women’s rights in Darfur programme undertook an independent impact assessment. The assessment revealed that the project, which began by training just 19 Darfuri lawyers and paralegals, led to an increase in the number of women’s rights cases being filed with courts and the police, greater discussion of violations against women and, in a relatively short space of time, an increase in the participation of women in traditional and civil courts, including in leadership positions. In Tunisia, a country whose road to democracy appears fraught with challenges, we have now trained over 1,600 judgesfor better implementation of human rights principles and to strengthen their understanding of international criminal law. In Mexico and Brazil we have continued to lead torture prevention training programmes and, in Azerbaijan, trained lawyers in human rights law and European Court of Human Rights procedures. Fact-finding missions and reports have been a cornerstone of the IBAHRI’s work over the last 20 years, and 2015 was no different. Our mission to Cambodia found endemic political and financial corruption affecting the country’s legal system, and the resultant report called on the Cambodian government to rectify the situation that allows such corruption to prevail and enables authorities to place political pressure on the judiciary. An IBAHRI delegation also visited Budapest in June to follow up on its 2012 fact-finding report. The 2015 mission report concluded that rule of law guarantees remain weak and that the space for civil society in Hungary is diminishing. In the United Kingdom, the country’s own relationship with the European Court of Human Rights came under the spotlight when the incumbent government proposed to scrap the Human Rights Act. The IBAHRI was one of the first organisations to advocate against this plan, arguing that. the Act and the country’s relationship with the European Court are vital safeguards against abuses of public authority. But it is at the UN, where our 4 This year we continued our work on tax, poverty and human rights, focusing specifically on social and economic rights with a mission to Zambia. Here, the high-level delegation visited explored the extent to which tax policies, regulations and practices by mining companies affect the realisation of the Zambian people’s economic and social rights. The report is due to be published in 2016. Our anniversary year ended with significant strides towards the establishment of two new bar associations. In Myanmar the Independent Lawyers’ Association of Myanmar – the country’s first national, independent professional organisation of lawyers – elected members to its Central Committee and the Central International Bar Association’s Human Rights Institute Annual Review 2015 IBAHRI and participants at the Tajikistan Lawyers Congress © IBA 2015 Executive Committee. And in Tajikistan the Ministry of Justice registered the Union of Lawyers, creating the first unified national bar association in the country. This year, through our legal specialist programme, the IBAHRI also supported the TimorLeste government, parliament and legal professionals in taking the first steps towards the creation of an independent, national bar association in the country. None of this work would have been possible without the help of our supporters. We would like to express our sincere gratitude to IBA President David W Rivkin, IBA Executive Director Mark Ellis, our fellow IBAHRI Council Members, the IBAHRI staff, the IBAHRI members and supporters, and all those who have provided funding. In particular we are grateful for the generous pro bono support of the many lawyers who have participated in factfinding missions, trial observations and training. We also thank the many people who participated in, and made donations to, our 20th anniversary celebratory events. It is this type of support that has enabled the IBAHRI to promote and protect human rights and the independence of the legal profession for the last 20 years. And we hope this same support will allow us to continue doing so for the next 20. Baroness Helena Kennedy QC Ambassador (ret.) Hans Corell Co-ChairCo-Chair International Bar Association’s Human Rights Institute Annual Review 2015 Baroness Helena Kennedy QC Baroness Helena Kennedy QC is one of Britain’s most distinguished lawyers. She has spent her professional life giving a voice to those who have least power within the system, championing civil liberties and promoting human rights. She has used many public platforms – including the House of Lords, to which she was elevated in 1997 – to argue with passion, wit and humanity for social justice. She has also written and broadcast on a wide range of issues, including medical negligence, terrorism and the rights of women and children. Ambassador (ret.) Hans Corell Hans Corell has served as a legal advisor and diplomat on the international legal stage for many years. As Under-Secretary-General for Legal Affairs and the Legal Counsel of the United Nations from 1994 to 2004, Hans represented the Secretary-General at the 1998 UN Conference that adopted the Rome Statute of the International Criminal Court. During his service, he was involved in establishing the International Tribunal for Rwanda, the Special Court for Sierra Leone and the Extraordinary Chambers in the courts of Cambodia for the trials of senior Khmer Rouge leaders. Since retiring, Hans continues to participate in the international legal sector, including as co-chair to the IBAHRI and other legal institutes and as a legal advisor and lecturer. 5 About the IBAHRI About Us The International Bar Association’s Human Rights Institute (IBAHRI) works with the global legal community to promote and protect human rights and the independence of the legal profession worldwide. What we do We provide human rights training and technical assistance for legal practitioners and institutions, building their capacity to effectively promote and protect human rights under a just rule of law. A leading institution in international fact-finding, we produce expert reports with key recommendations, delivering timely and reliable information on human rights and legal profession. We support lawyers and judges who are arbitrarily harassed, intimidated or arrested through advocacy and trial monitoring. A focus on pertinent human rights issues, including the abolition of the death penalty, poverty and sexual orientation, forms the basis of targeted capacity-building and advocacy projects. Why we’re here Lawyers and judges play a fundamental role in facilitating access to justice, ensuring accountability of the state and upholding the rule of law. When the legal profession is not able to function independently or effectively, this gives rise to human rights violations, impunity and injustice. As part of the world’s leading organisation of international legal practitioners, bar associations and law societies, the IBAHRI is uniquely placed to build the capacities of the legal profession to promote and protect human rights and professional independence worldwide. The IBAHRI film Our short film, available to watch on the IBAHRI website, provides an introduction to the IBAHRI. Learn insight into what the IBAHRI does and discover more about selected projects around the world, across all IBAHRI activity areas. The film combines project footage, photographs and graphics, and features interviews with the IBAHRI Director, Co-Chairs, project lawyers and rapporteurs, as well as those who have benefited from its valuable work. Projects covered in the film include those in Afghanistan, Egypt, Tunisia, Myanmar and Venezuela, as well as the Task Force on Terrorism, and the Task Force on Illicit Financial Flows. To watch the film visit tinyurl.com/jorpqcg 6 International Bar Association’s Human Rights Institute Annual Review 2015 Guests enjoy the IBAHRI’s 20th Anniversary Gala at Lord’s Cricket Ground, London © IBA 2015 20 years of IBAHRI 1945 Formation of the United Nations July 2008 1947 First Afghanistan Independent Bar Association established International Bar Association is formed Fact-finding guidelines published In cooperation with the Raoul Wallenberg Institute, the IBAHRI publishes the International Human Rights Fact-Finding Guidelines (‘Lund-London Guidelines’) to set an agreed international standard of good practice in the conduct of factfinding visits and the compilation of fact-finding reports 15 May 2008 10 December 1948 Universal Declaration of Human Rights adopted by the UN General Assembly 5 December 1995 The IBAHRI is officially inaugurated under the Honorary Presidency of Nelson Mandela Resolution on the abolition of the death penalty The IBAHRI Council adopts a resolution calling for the abolition of the death penalty on any grounds 2003 After 9/11, a Terrorism Task Force is established to analyse legislative responses to terrorism. The book International Terrorism: Legal Challenges and Reponses is published First fact-finding mission and report First IBAHRI training session The IBAHRI hosts its first training session in the form of a human rights seminar, in conjunction with the Mexican Bar Association in Mexico City 8 27 May 2010 Resolution on sexual orientation and human rights The IBAHRI Council adopts a resolution opposing discrimination and other breaches of human rights directed at people on the grounds of their sexual orientation or gender identity, committing the IBAHRI to promote and protect these values through its work Resolution on poverty and human rights November 1996 March 1996 June 2009 The IBAHRI Council respond to a request from the Chairman of the Law Society of Kenya and resolve to send a mission to investigate and report on Kenya’s legal syste. The resulting report is IBA Report on The Legal System and Independence of the Judiciary in Kenya The IBAHRI Council adopts a resolution ‘favouring the recognition of severe, endemic and chronic poverty as a violation of human rights’, committing to ‘lead all lawyers to an appreciation of the importance of the issues of economic, social and cultural rights, and to the realisation that many of these rights are justiciable and suitable for legal attention’ International Bar Association’s Human Rights Institute Annual Review 2015 IBAHRI Co-Chairs 1995–2015 1995–1997 Nicolas Cowdery QC and Tor Bohler September 2014 Tunisian judges and prosecutors embark on major IBAHRI training programme 2014 IBA LGBTI Resolution The IBAHRI’s LGBTI Resolution, is put before the IBA Council, who approve an IBA-wide resolution on sexual orientation and human rights, entitled Repeal of Criminal Laws that Impose Penalties Relating to Certain Sexual Conduct October 2013 1998–1999 November 2014 UN Programme established The IBAHRI UN Programme aims to advance UN recommendations relating to the independence of the judiciary and the legal profession. The programme’s three main components are research and analysis, advocacy and capacitybuilding September 2015 Independent Lawyers’ Association of Myanmar established Tax Abuses, Poverty and Human Rights 2000–2003 Ramon Mullerat OBE and Fali Nariman 2004 Emilio Cárdenas and Fali Nariman 2005–2007 Emilio Cárdenas and Justice Richard Goldstone 2008–2009 Justice Richard Goldstone and Martin Šolc The IBAHRI leads the way with its influential report Tax Abuses, Poverty and Human Rights, which explores the relationship between tax evasion and economic and social rights 2010 Juan Méndez and Martin Šolc 2011 July 2012 The IBAHRI begins its observation of the trial of Judge María Afiuni Nicolas Cowdery QC and Lord Peter Goldsmith QC December 2015 The IBAHRI’s 20th anniversary gala dinner celebration Juan Méndez and Sternford Moyo 2012–2014 Baroness Helena Kennedy QC and Sternford Moyo 2015 Baroness Helena Kennedy QC and Ambassador (ret) Hans Corell International Bar Association’s Human Rights Institute Annual Review 2015 9 Activities overview Capacity-building training in Georgia for Azerbaijani lawyers © IBA 2015 Capacity-building: technical assistance Fact-finding One of the most valuable tools to ensuring that lawyers maintain independence and integrity when representing clients is the creation of self-governing professional associations. The IBAHRI provides support and technical assistance to under-resourced and newly established bar associations and law societies worldwide. A vital element of this capacity-building is the placement of a legal specialist to work with the association to strengthen internal operations, ensure sustainable financing, provide training for staff and members, and to build links with international and regional organisations. The IBAHRI undertakes fact-finding missions to countries where there are signs of threats to, or deterioration of, the rule of law, human rights or the independence of the legal profession. Mission reports detailing findings and recommendations are widely distributed to UN bodies, international governmental and non-governmental bodies, legal organisations and other in-country, regional and international stakeholders. Mission findings help to direct the long-term work of the IBAHRI through the development of targeted country initiatives. Capacity-building: training for judges and lawyers Sharing expertise and skills across international boundaries is fundamental to strengthening the rule of law and supporting lawyers globally. The IBAHRI and UN flagship training manual, Human Rights in the Administration of Justice, has been translated into seven languages (Arabic, French, Japanese, Portuguese, Russian and Spanish) and used in trainings across all continents. The IBAHRI has also produced training manuals and curricula on international criminal law, human rights and the role of parliaments, and torture prevention. 10 Interventions The IBAHRI makes representations to governments where there are concerns that lawyers’ associations or persons involved in the operation of legal systems have been arbitrarily threatened, detained or abused. The IBAHRI calls for compliance with domestic, regional and international standards. The IBAHRI continues to monitor the progress of the situation in which it has intervened and, where possible or appropriate, takes further action. International Bar Association’s Human Rights Institute Annual Review 2015 The IBAHRI delegation during its fact-finding mission to Cambodia © IBA 2015 Trial observation Sexual orientation and human rights The IBAHRI sends impartial, international observers to attend hearings relating to the independence of the legal profession or serious violations of human rights. The practice of sending trial observers is well-established within the international community. It aims to ensure the right to a fair and public trial through an examination of the impartial administration of justice and the proper functioning of the court. This principle is established in several international and human rights instruments, such as Article 14 of the International Covenant on Civil and Political Rights. In 2010 the IBAHRI Council adopted a resolution opposing discrimination and other breaches of human rights directed at people on the grounds of their sexual orientation or gender identity. The IBAHRI is committed to promoting and protecting these values through its work and has spoken out on a number of lesbian, gay, bisexual, transgender and intersex issues (LGBTI) and worked closely with the IBA LGBTI Committee to hold legal seminars on related issues at IBA Annual Conferences. The IBAHRI recommended the IBA adopt an association-wide resolution for the repeal of laws criminalising private, consensual activity between adults, which the IBA Council approved in 2014. Poverty and human rights In 2010 the IBAHRI Council passed a resolution adopting a policy favouring the recognition of severe, endemic and chronic poverty as a violation of human rights. The resolution commits the IBAHRI to promoting the importance of economic, social and cultural rights and the realisation that such rights are justiciable and suitable for legal attention. In 2013 the IBAHRI published a Task Force report addressing tax abuses from the perspective of human rights law and policy. Based on extensive consultation from diverse perspectives, Tax Abuses, Poverty and Human RIghts offers a unique insight into the links between tax abuses, poverty and human rights. International Bar Association’s Human Rights Institute Annual Review 2015 The abolition of the death penalty The IBAHRI is committed to promoting the abolition of the death penalty, as set out in its ‘Resolution on the Abolition of the Death Penalty’, adopted by the IBAHRI Council in 2008. Pending the abolition of the death penalty, the resolution insists on strict observance of the international legal limitations of its application. The IBAHRI is now carrying out a worldwide study of laws requiring the mandatory application of the death penalty. 11 Highlights 2015 Mexico Ongoing torture prevention trainings. In partnership with Mexican federal justice institutions, the Office of the High Commissioner for Human Rights (OHCHR) and top UN experts, the IBAHRI implemented the first stage of its ongoing capacity-building programme. Brazil Working with Brazilian justice institutions on penal reform. With the support of the Australian Embassy’s Direct Aid Programme, the IBAHRI launched a torture prevention toolkit for prison monitoring, as part of its ongoing torture prevention programme. Work carried out in 2015 Work carried out prior to 2015 12 International Bar Association’s Human Rights Institute Annual Review 2015 Azerbaijan Promoting human rights litigation. The IBAHRI aims to nurture a new generation of Azerbaijani human rights lawyers through a capacity-building programme. Myanmar Supporting the establishment of Myanmar’s first independent national lawyers association. With the aim of helping to strengthen the rule of law in Myanmar, the IBAHRI supported the establishment and launch of the countries first independent national bar association. Cambodia Exposing the extent of corruption within the Cambodian justice system. A fact-finding mission to Cambodia revealed how both political and financial influence are endemic in the judicial system. Zambia Fact-finding mission on tax, poverty and human rights. An IBAHRI delegation investigated mining taxation, the realisation of economic, social and political rights, and the fair use of public resources, in one of Africa’s most resource rich countries. International Bar Association’s Human Rights Institute Annual Review 2015 13 Americas Brazil–Cuba Forging links between Brazil and Cuba. The IBAHRI attended the Cuban Bar Association’s annual conference, with a delegation from Brazil, with the aim of forging exchange links between between the two countries. Venezuela Continued advocacy for the independence of the judiciary. In light of the continued deterioration of judicial independence and rule of law, we have continued to monitor Venezuela’s situation and undertake international advocacy. Mexico Ongoing torture prevention trainings. In partnership with Mexican federal justice institutions, OHCHR and top UN experts, the IBAHRI implemented the first stage of its ongoing capacity-building programme. Brazil Working with Brazilian justice institutions on penal reform. With the support of the Australian Embassy’s Direct Aid Programme, the IBAHRI launched a torture prevention toolkit for prison monitoring, as part of its ongoing torture prevention programme. NEWS RELEASES • 14 July: IBAHRI appeals to Venezuelan authorities to investigate renewed torture and rape allegations by Judge Afiuni. tinyurl.com/p3etask • 5 August: IBAHRI greatly concerned as Venezuela continues to target lawyers and human rights defenders. tinyurl.com/qefqytz • 26 November: IBAHRI to launch new torture prevention toolkit in Rio. tinyurl.com/of7pupr 14 International Bar Association’s Human Rights Institute Annual Review 2015 Brazil Aerial view of Christ the Redeemer, Rio de Janeiro, Brazil © Shutterstock.com In 2009, an IBAHRI report found the Brazilian penal system to be in crisis. Since then the IBAHRI, in partnership with Brazilian federal justice institutions, has worked to address widespread issues of torture and to combat unlawful detention conditions. The aim of the ongoing capacity-building programme in Brazil is to support the development of practical torture prevention and penal reform materials, and to deliver accompanying trainings. Previous materials published (2011; 2012; 2013) have included Protecting Brazilians from Torture: A Manual for Judges, Prosecutors, Public Defenders and Lawyers, now in its second edition, and Another System is Possible: Reforming Brazilian Justice, co-published with the Brazilian Ministry of Justice. Since the programme began over 200 judges, prosecutors, public defenders and lawyers, across six Brazilian states, have attended supporting training sessions organised by the IBAHRI. This year, with support from the Embassy of Australia’s Direct Aid Programme, the IBAHRI launched a new torture prevention toolkit based on its successful manual. The toolkit provides practical guidance for prison bodies and civil society organisations to monitor detention conditions and ensure compliance with national and international standards. Launched in Rio de Janeiro, in November 2015, the toolkit will be used in trainings in five Brazilian states including: São Paulo, the Federal District of Brasília, Ceará and Rio Grande do Sul. This project is funded by the IBAHRI Trust and the Australian Embassy, Brasília Brazil–Cuba In 2014 IBAHRI attended the Brazilian Bar Association’s Annual Conference in Rio de Janeiro with a delegation of Cuban lawyers. Since then, a dialogue with potential Cuban partners has enabled the IBAHRI to attend the Cuban Bar Association’s annual conference with a delegation from the Brazilian Bar Association. The IBAHRI will continue to discuss with the Cuban legal profession the possibility of developing an exchange programme between Brazil and Cuba. International Bar Association’s Human Rights Institute Annual Review 2015 200 judges, prosecutors, public defenders and lawyers trained 10,000+ copies of the Protecting Brazilians from Torture manual distributed 500 torture prevention toolkits to be produced over the course of the programme 15 Mexico Judges, prosecutors and public defenders attend torture prevention training in Estado de Mexico © IBA 2015 The IBAHRI programme in Mexico works with key national and international bodies to train judges, prosecutors and public defenders in combating torture and enforced disappearances to help address the alarming level of impunity for these violations within the Mexican justice sector. Since 2012 the IBAHRI, in partnership with federal and state Mexican justice institutions, the Office of the High Commissioner for Human Rights (OHCHR) and high-level UN experts, has developed capacity-building materials and implemented nation-wide trainings. In 2014 it co-produced the Mexican Supreme Court’s official torture prevention guide for justice sector actors. This year, as part of the first stage of the IBAHRI’s ongoing capacity-building programme, over 200 participants attended twoday training sessions in Mexico City, Estado de México, Tamaulipas and Oaxaca states, which were delivered by members of the UN Human Rights Committee. In conjunction with the OHCHR, the IBAHRI also co-produced publications on torture, enforced disappearances and reparations, all with a particular focus on gender. The publications will be launched over the course of the programme. As part of the project, the IBAHRI held high-profile Magna Carta events in Mexico City and Tamaulipas, to showcase original copies of the document that set the foundations for civil liberties. The event in Mexico City, ‘800 years of Freedom: The Magna Carta and its influence on Latin American constitutionalism’, was presented by the President of the Mexican Supreme Court, the British Ambassador and the OHCHR Representative in Mexico. In 2016, the IBAHRI will implement the second round of trainings on enforced disappearances and continue its ongoing collaboration with federal justice institutions and expert UN bodies. Key partners: Mexican justice institutions, the Office of the OHCHR, UN Human Rights Committee members 200 participants attended two-day training sessions in 2015 This project is funded by the UK Foreign & Commonwealth Office and the IBAHRI Trust 16 International Bar Association’s Human Rights Institute Annual Review 2015 Venezuela Judge Maria Afiuni waves outside her residence in Caracas on 14 June 2013 © AFP PHOTO/Leo RAMIREZ The IBAHRI has been following the situation in Venezuela closely since 1999 and remains extremely concerned at the continued deterioration of the independence of the legal profession and rule of law. The IBAHRI has been running an international observation of the trial of Judge María Lourdes Afiuni, who was imprisoned in 2009 after granting bail to political prisoner Eligio Cedeño, in accordance with the provisions of the Venezuelan penal code and a decision of the UN Working Group on Arbitrary Detention. She has suffered serious health problems while in detention and was allegedly tortured. Accused of ‘spiritual corruption’, Afiuni’s first trial was annulled in 2013, after the prosecution failed to appear at subsequent evidentiary hearings. Cases like Judge Afiuni’s have had a chilling effect on the Venezuelan judiciary and judges in Venezuela are increasingly operating in a climate of fear. Prosecutions against not only Judge Afiuni but also against other lawyers including her defence lawyer, José Amalio Graterol, highlight major concerns regarding the legal profession in Venezuela. The IBAHRI’s Venezuela programme monitors the situation of judicial independence and rule of law and conducts international advocacy. In 2015, the IBAHRI continued its advocacy work and submitted a shadow report to the United Nations Human Rights Committee for Venezuela’s Universal Periodic Review. In partnership with the International Association of Judges and International Commission of Jurists, the joint report highlights serious concerns regarding the right to life, freedom from torture, freedom of association and the independence of the judiciary and legal profession. In addition to this, the IBAHRI co-hosted a panel discussion called ‘Strengthening the Rule of Law in Venezuela,’ in Geneva, with the International Court of Justice and UN Special Rapporteur on the independence of judges and lawyers, Ms Gabriela Knaul. The IBAHRI has continued its observation of the Afiuni trial and is now the only international observer permitted at this trial of national and international importance. In the coming year, the IBAHRI will continue to monitor the situation in Venezuela, advocate for judicial independence and continue its observation of the Judge María Lourdes Afiuni trial. This project is funded by the IBAHRI Trust International Bar Association’s Human Rights Institute Annual Review 2015 17 Asia Pacific Myanmar Supporting the establishment of Myanmar’s first independent national lawyers association. With the aim to help strengthen the rule of law in Myanmar, the IBAHRI supported the establishment and launch of the country’s first independent national bar association. Cambodia Exposing the extent of corruption within the Cambodian justice system. A fact-finding mission to Cambodia revealed how both political and financial influence are endemic in the judicial system. Malaysia Monitoring the rule of law and judicial independence. The IBAHRI has continued to monitor the case of Dato’ Seri Anwar bin Ibrahim, sending independent observers to the final judgement hearing in February 2015. Timor-Leste Legal specialist programme. A full-time legal specialist, based in Dili, will provide assistance with regards to the establishment of a national bar. NEWS RELEASES • 22 January: Sri Lankan President Sirisena’s early commitment to justice reform welcomed by IBAHRI tinyurl.com/keodzqj • 22 July: Open letter to His Excellency Mr Xi Jinping, President of the People’s Republic of China tinyurl.com/oehn3wg • 6 November: IBAHRI calls on international community to maintain pressure on Myanmar following UPR tinyurl.com/nfsp5qv • 16 November: IBAHRI urges Australian PM to reconsider relocation policy to Cambodia tinyurl.com/o9cksee • 18 December: IBAHRI urges China to uphold lawyers’ rights and implement UN recommendations to eradicate torture tinyurl.com/obb6c6v 18 International Bar Association’s Human Rights Institute Annual Review 2015 Cambodia IBAHRI delegation meet with land rights campaigners in Cambodia © IBA 2015 In 2014, Cambodia’s government proposed three new laws that were set to affect negatively the independence of the judiciary and allow for an excessive transfer of power from the judiciary to the executive. The IBAHRI intervention in Cambodia urged authorities to engage in wider consultation on the reforms but, that same year, the laws were passed. As a follow-up to this intervention, this year the IBAHRI sent a delegation to investigate Cambodia’s rule of law situation and in particular, the impact of these new laws on the judiciary. The delegation met with a total of 40 stakeholders, including a cross section of the Cambodian judiciary, representatives from the Ministry of Justice, officers of the Bar Association and of the Kingdom of Cambodia, the UN Office of the High Commissioner for Human Rights in Cambodia, national and international NGO’s, residents of the Boeung Kak area, amongst others. The final report, Justice versus corruption: Challenges to the judiciary in Cambodia, concludes that the Cambodian Ministry of Justice has indeed been granted excessive power in the judicial system. Corrupt influence extends politically and financially, violating international standards and creating opportunities for human rights abuse. The IBAHRI report sets out a number of recommendations to enhance safeguards for the independence of the judiciary in Cambodia, addressed to the National Assembly and Senate, Supreme Council of the Magistracy (the Bar Association of the Kingdom of Cambodia, the political opposition, NGO’s and the international community. Re-establishing the separation of powers to reduce executive control over the judiciary is paramount to ensuring that the legal profession can begin to play a positive role in protecting individual rights and delivering justice to ordinary Cambodians. This programme is funded by the IBAHRI Trust International Bar Association’s Human Rights Institute Annual Review 2015 The fact-finding mission delegation comprised of: Professor Vitit Muntarbhorn, Judicial Justice Brenda Edwards, IBAHRI Director Dr Phillip Tahmindjis AM, IBAHRI Programme Lawyer Nadia Hardman and barrister Mark Wassouf Read the report Justice versus corruption: Challenges to the independence of the judiciary in Cambodia at tinyurl.com/o9yz2tu 19 Malaysia Malaysia’s opposition leader Anwar Ibrahim speaks to the media after his final appeal against a conviction for sodomy concluded at the Palace of Justice in Putrajaya © REUTERS/Olivia Harris 2014 Concern has been expressed, both domestically and internationally, over the rule of law and judicial independence in Malaysia. Since 2008, the IBAHRI has undertaken in-country trial observations to monitor fair trial standards and judicial procedure. The most recent judicial proceedings, involving Dato’ Seri Anwar bin Ibrahim, after an appeal made by the Prosecutor against Ibrahim’s 2012 acquittal, prompted the IBAHRI to monitor judicial proceedings and fair trial standards of this particular trial in Malaysia. Ibrahim was a member of the ruling United Malays National Organisation and is a former Deputy Prime Minister of Malaysia. He was charged with sodomy in 1998 and convicted, but was partially acquitted and successfully returned to politics. He was charged with sodomy again in 2008, but was found not guilty in 2012. This acquittal was successfully appealed and he was sentenced in 2014; Ibrahim appealed this decision. The Federal Court of Malaysia, which is the final appellate court, passed judgment on 10 February 2015, upholding the decision of the High Court and affirming Ibrahim’s five-year prison sentence. The IBAHRI has sent international, independent trial observers to monitor hearings of the case since 2013. The IBAHRI believes that the presence of independent observers, in most instances, increases judges’ and lawyers’ adherence to international fair trial standards. Observers to the trials produced reports and engaged with local legal professionals and stakeholders. Conclusions made by observers of the appeal hearings in this case highlighted issues of interest to the IBAHRI, who later met with observers to discuss the collective findings. A comprehensive country study on Malaysia has subsequently been conducted by the IBAHRI, with added discussions highlighting systematic issues related to the judicial process in Malaysia and longer term impacts on the Malaysian legal profession. In 2016, the IBAHRI will seek further funding to continue its work in support of the Malaysian legal profession. Funded by the IBAHRI Trust 20 International Bar Association’s Human Rights Institute Annual Review 2015 Myanmar Bago lawyer U Aung Htun presents his view at ILAM election planning session © IBA 2015 Since 2013, the IBAHRI has worked towards the establishment of Myanmar’s first independent national lawyers association, to act as a counterbalance to the state and function democratically. Myanmar currently faces a period of significant transition, of which the path ahead will be marked by both opportunities and challenges. The creation of an independent national lawyers association will play a crucial role in strengthening the rule of law, increasing access to justice and improving the capacity of bar associations to protect lawyers’ professional interests. Following a fact-finding mission in 2012, the IBAHRI has had a multi-phased capacity-building programme in place in Myanmar. A seminar which in Nay Pyi Taw, resulted in the establishment of a steering committee to guide the creation of an association. The IBAHRI has, in partnership with the Myanmar Parliamentary Committee for Rule of Law and Tranquillity, conducted a series of workshops and training with the local bar and lawyers’ groups, across 14 states and divisions. Between April and July 2015, trainings on how to conduct fair and transparent elections were delivered in 15 administrative divisions, prior to elections for Central Committee (CC) and Central Executive Committee (CEC) representatives. The Independent Lawyers’ Association of Myanmar (ILAM) was inaugurated at the end of 2015, with 120 lawyers elected for the CC and a body of 30 for the CEC. In 2016, the IBAHRI will facilitate the first meetings of the newly elected governing bodies, including the inaugural general assembly. The establishment of a secretariat, the recruitment and training of staff for the association, will all be elements supported by the IBAHRI’s ongoing capacity-building programme. The objective will be to bring Myanmar’s legal profession in line with international standards and procedures. This project is funded by the British Council, the IBAHRI Trust, the IBA Special Projects Fund, LexisNexis, United States Agency for International Development and the United Nations Development Programme International Bar Association’s Human Rights Institute Annual Review 2015 15 Myanmar administrative divisions where lawyers were trained by the IBAHRI on how to conduct fair and transparent elections 120 lawyers elected as representatives for the ILAM’s Central Committee 30 representatives elected to the ILAM’s Central Executive Committee 21 Timor-Leste A street art mural in Dili, the capital of Timor-Leste © IBA 2014 The IBAHRI has been working with the legal profession in Timor-Leste since 2008, when it hosted a five-day bar training course for lawyers. Since then it has worked to support the rule of law and the judicial system in the country, in partnership with the International Bar Association’s Bar Issues Commission (BIC) and the Section of Public and Professional Interest (SPPI). This year, the IBAHRI set up a legal specialist programme to facilitate the establishment of a national bar association in Timor-Leste. A full-time legal specialist, based in Dili, is providing assistance to the Timor-Leste government, Parliament and legal professionals, with regard to the establishment of a national bar association. Working towards the formation of this fundamental legal body has been of great importance for a number of reasons. By establishing a national bar association, the legal profession is able to ensure its independence from executive influence, set educational and ethical standards for practice and improve access to justice. National bar associations play a pivotal role in advocating for rule of law and human rights and, as a young democracy, the IBAHRI views the need for a such a body as crucial for the development of Timor-Leste’s justice sector. In 2016 the IBAHRI will continue to support the creation of the national bar association through its technical assistance programme. Once established, the Association will regulate, administer and develop the legal profession in order to support the rule of law and improve access to justice. This project is funded by the IBAHRI Trust and the IBA Public and Professional Interest Division Activities Fund 22 Key partners: Timor-Leste Government, Parliament and legal professionals ‘Once established, the Association will regulate, administer and develop the legal profession in order to improve access to justice and support the rule of law in Timor-Leste.’ International Bar Association’s Human Rights Institute Annual Review 2015 Lawyer from the Kachin region casts his vote in a mock election for the Independent Lawyers’ Association of Myanmar © IBA 2015 Europe and Central Asia United Kingdom Advocating against the UK scrapping the Human Rights Act. The IBAHRI made a series of interventions against the proposed scrapping of the Human Rights Act, in the form of an open letter and a speakers session debate, to advocate against the UK breaking ties with the European Court of Human Rights. Azerbaijan Promoting human rights litigation. The IBAHRI aims to nurture a new generation of Azerbaijani human rights lawyers through a capacity-building programme aimed at young graduates. Hungary Assessing the rule of law and judicial independence. A follow-up mission to Hungary was carried out to assess the implementation of the IBAHRI’s 2012 fact-finding mission recommendations. An IBAHRI delegation investigated Hungary’s judicial independence and rule of law situation. Tajikistan Supporting the first unified national bar association of Tajikistan. An IBAHRI capacitybuilding programme aimed at establishing and strengthening Tajikistan’s first unified national bar association has been ongoing since 2013. NEWS RELEASES • 29 January: Sentencing of prominent human rights lawyer in Tajikistan of concern to IBAHRI tinyurl.com/qdg2r3f • 24 March: IBAHRI calls for protection of lawyers in Pakistan following the murder of Samiullah Afridi tinyurl.com/qcjgmpu • 6 May: IBAHRI calls on Azerbaijan to review sentencing of Intigam Aliyev tinyurl.com/op8obzw • 15 May: Open letter to UK’s Prime Minister and Justice Secretary from IBAHRI tinyurl.com/o5vt5a6 • 4 August: IBAHRI calls on Azerbaijan court to overturn disbarment of defence lawyer Khalid Bagirov tinyurl.com/q8p7sap 24 International Bar Association’s Human Rights Institute Annual Review 2015 Azerbaijan The old city in Baku, Azerbaijan’s capital © IBA 2015 An increasingly suppressive stance on freedom of expression in Azerbaijan has resulted in a high number of human rights defenders, journalists and members of opposition movements being arrested, detained and sentenced on dubious charges. Since the IBAHRI’s fact-finding mission in 2013, the IBAHRI has urged the Azerbaijani government to adhere to its international human rights obligations. As the crackdown on civil society, human rights defenders and journalists has continued, human rights litigation in Azerbaijan has been scarce, and in many cases, impossible. An apparent lack of engagement in human rights issues from both qualified lawyers and law students has led the IBAHRI to implement a capacity-building programme to raise awareness of these issues and nurture a new generation of Azerbaijani human rights lawyers. The IBAHRI has now trained 20 lawyers in human rights law and European standards, including litigation procedures of the European Court of Human Rights. As well as continuing to work with established human rights practitioners, the IBAHRI is planning project activity aimed particularly at young lawyers, in the context of an apparent generational gap amongst lawyers able to work on human rights cases. A further 20 young lawyers, including those who have already started litigation work in Azerbaijan, will be also trained on how to undertake human rights violation cases in 2016. 20 lawyers trained in human rights law and European standards 20 young lawyers to be trained in 2016 on how to undertake human rights violation cases The IBAHRI will continue to support lawyers and law students with regards to human rights issues in the coming year This project is funded by the UK Foreign & Commonwealth Office International Bar Association’s Human Rights Institute Annual Review 2015 25 Hungary IBAHRI fact-finding mission delegation in Hungary’s capital Budapest © Viktor Vadász In 2012 a high-level IBAHRI delegation conducted a fact-finding mission to Hungary to assess the impact of sweeping legislative reform, including the promulgation of a new Constitution on the independence of the judiciary and rule of law guarantees in the country. The new legal order introduced a number of changes that undermined judicial independence, among them a narrowing of the Constitutional Court’s jurisdiction and the removal of the president of the Supreme Court. In the final mission report, the IBAHRI delegation set out 23 recommendations aimed at supporting the government to re-establish the independence of the judiciary and the rule of law. Since the 2012 mission, the Hungarian government has taken welcome steps to address the gravest concerns raised. However, a subsequent constitutional amendment further restricted the jurisdiction of the Constitutional Court. This weakens the Court’s role to act as a democratic check on the executive and legislative branches of government. In 2015, the IBAHRI led a follow-up mission to assess the implementation of its earlier recommendations and reassess the state of the rule of law. The delegation of jurists comprised the Vice-President of the International Association of Judges, José Igreja Matos, IBAHRI Programme Lawyer, Chara de Lacey, and Doughty Street Chamber Barrister and IBAHRI Mission Rapporteur, Nick Stanage. The delegation found the Hungarian government had failed to fully restore the independence of the judiciary. In addition, the delegation raised concern at the shrinking space for civil society and the removal of the time limit for pre-trial detention for serious crimes. Read the full report In December 2015, the delegation launched their mission report in Budapest, presenting a further 13 recommendations to assist the government in strengthening judicial independence and the rule of law. Still under threat: the independence of the judiciary and the rule of law in Hungary, at tinyurl.com/z9atpes This project is funded by the IBAHRI Trust 26 International Bar Association’s Human Rights Institute Annual Review 2015 Tajikistan Lawyers vote at the Tajikistan Lawyers’ Congress © IBA 2015 2015 was marked by the creation of the first unified national bar association of Tajikistan. On 10 December 2015, the Ministry of Justice of Tajikistan registered the Union of Lawyers with its five regional offices. The IBAHRI supported the establishment of the Tajikistan national bar association by providing legal expertise and other support, which enabled the preparatory meetings and the congress of lawyers to take place. The IBAHRI started working in Tajikistan in 2013, when the Republic of Tajikistan introduced a draft law on advocacy and the bar, intended to reorganise the legal profession through the establishment of a unified national bar association. The same year, the IBAHRI undertook an in-depth scoping mission to Dushanbe to investigate the impact of the potential new law, having identified provisions that posed a threat to the independent functioning of the legal profession. Having worked closely with a Tajik Parliamentary Working Group, civil society and bar leaders, and the IBA’s Bar Issues Commission, the IBAHRI provided an expert opinion on how to improve provisions that may have threatened judicial independence. The expert opinion was well received in-country and, since then, the IBAHRI has launched a project to build the capacity of the first unified bar association of Tajikistan. In 2014, during the first part of the programme, the IBAHRI helped establish a steering committee comprised of the eight bar leaders, from Tajikistan’s eight bar associations. The IBAHRI has continued to further strengthen the first unified Tajik bar association by providing legal advice on the Association’s registration process; providing trainings and seminars for lawyers to be better involved in the Association’s decision-making process; and supporting the government in the coordination of the bar entry examination to increase transparency across the legal profession. The IBAHRI remains committed to supporting the strategic development of the newly established Union of Lawyers, and aims to help the Union engage with the international legal community and introduce them to the UN standards on the role of lawyers, to strengthen the capacity of lawyers and bolster their independence. This project is funded by the Open Society Foundation, Eurasia Program International Bar Association’s Human Rights Institute Annual Review 2015 27 United Kingdom IBAHRI Director Phillip Tahmindjis speaking at the IBAHRI debate ‘Human rights: Can we go it alone?’ © IBA 2015 The United Kingdom’s 2015 general elections resulted in a Conservative government majority and with it the implementation of the Conservative Party’s manifesto. In it were plans to scrap the Human Rights Act and curtail the role of the European Court of Human Rights, by introducing a British Bill of Rights. The proposals claimed the government would ‘break the formal link between British Courts and the European Court of Human Rights,’ limiting the Acts’ applicability to all people in all cases. The IBAHRI advocated against the UK scrapping the Human Rights Act, arguing the Act and the country’s relationship with the European Court of Human Rights are vital safeguards against abuses of public authority. An open letter, addressing Prime Minister David Cameron and Justice Secretary Michael Gove, was issued shortly after the election results in May 2015 and highlighted the IBAHRI’s concerns. The IBAHRI warned against proposals for a British Bill of Rights, which to date appear ‘vague, at best, and misguided, at worst.’ The open letter received national attention and featured in British national daily The Guardian. The IBAHRI contributed further to the discourse, by hosting the speaker session ‘Human rights: Can we go it alone?’ to debate the suitability of the UK’s Human Rights Act and its relationship with the European Court of Human Rights and the European Convention on Human Rights. The debate was led by speakers Sir Keir Starmer MP, co-founder of Doughty Street Chambers, and Martin Howe QC, a member of the previous Commission on a Bill of Rights. The event, moderated by award-winning journalist Todd Benjamin, invited the two high-level panellists to delve deeper into discussions on whether regional mechanisms were an essential part of human rights protection. In the coming year, the IBAHRI will continue to advocate for human rights protection under international law and urge the government to continue to respect human rights enshrined in existing international agreements. This project was funded by the IBAHRI Trust 28 Read the open letter at tinyurl.com/myf375p Watch the film of the ‘Human rights: Can we go it alone?’ speaker session at tinyurl.com/pkly6h7 International Bar Association’s Human Rights Institute Annual Review 2015 Azerbaijani lawyers take part in training on human rights law and European standards © IBA 2015 MENA and Sub-Saharan Africa Tunisia Capacity-building programme on International Criminal Law and Human Rights. To support Tunisia’s period of democratic transition. The IBAHRI continues to deliver wide-reaching judicial workshops to build the capacity of the judiciary to apply principles of international criminal and human rights law. Sudan Women’s rights in Darfur programme concludes. An assessment of the IBAHRI’s 2014 training-for-trainers programme for lawyers and paralegals addressing genderbased violence is conducted, under the coordination of the Executive Committee of the Darfur Bar Association. Zambia Fact-finding mission on tax, poverty and human rights. An IBAHRI delegation investigates mining taxation, the realisation of economic, social and political rights, and the fair use of public resources, in one of Africa’s most resource-rich countries. NEWS RELEASES • 16 March: President Mugabe comments undermining the independence of the judiciary in Zimbabwe condemned by IBAHRI tinyurl.com/lcvy3nr • 1 April: IBAHRI calls on President Lungu of Zambia to respect fair trial standards in tribunal of DPP tinyurl.com/q3fa4xs • 15 June: IBAHRI calls on Equatorial Guinea to meet international obligations and respect the rule of law tinyurl.com/pvn34w8 • 30 September: IBAHRI renews calls for Iran to release lawyer Abdolfattah Soltani tinyurl.com/okwvkuc 30 International Bar Association’s Human Rights Institute Annual Review 2015 Sudan Lawyers attend the IBAHRI-led ‘training-of-trainers’ on women’s rights © IBA 2014 Armed conflict in Darfur, western Sudan, has forcibly displaced some 2.5 million people who now live in scattered internally displaced persons (IDP) camps with little humanitarian support. There is almost total impunity for the gross human rights violations meted out against civilian populations by the belligerent parties, including widespread sexual violence. In parallel, IDPs’ marginalisation from the formal justice system bars their access to justice for human rights violations, particularly those experienced by women and girls. An objective of IBAHRI’s women’s rights in Darfur programme has been to build the capacity of Sudanese lawyers to promote and protect the rights of women and girls living in the region’s IDP camps, as protected under Sudan’s Interim National Constitution and international law. The first phase of the three-year programme, delivered in partnership with the Darfur Bar Association and the Human Rights and Social Justice Research Institute at the London Metropolitan University, equipped 19 Darfuri lawyers and paralegals with the skills to be effective human rights educators, and to design, implement and evaluate community-based human rights projects. During the second phase, these human rights practitioners delivered women’s rights projects in 18 IDP camps and in women’s prison near the Sudanese capital Khartoum. Through the programme’s ‘training-of-trainers’ approach the lawyers were also able to train 59 other lawyers and paralegals working in Darfur. In early 2015, the IBAHRI conducted an assessment of the impact of the projects, which had engaged a total of 180 displaced men and women in discussion on women’s rights. As a result of the projects, the impact assessment found there was an increase in the number of women’s rights cases filed with the courts and police; an increased willingness to discuss women’s rights and violations against women; and greater participation of women in the traditional and civil courts, including in leadership positions. The assessment also highlighted the number of community-led initiatives to prevent gender-based violence resulting from the programme. The IBAHRI will continue to support the work of these lawyers and their invaluable work undertaken. 19 Darfuri lawyers attend IBAHRI-led ‘training-oftrainers’ on women’s rights 18 community-based projects are then delivered by the trained lawyers 180 displaced men and women, and a further 59 lawyers and paralegals engaged in women’s rights as a result This project was funded by the Baring Foundation and the John Ellerman Foundation Joint International Development Grants Programme International Bar Association’s Human Rights Institute Annual Review 2015 31 Tunisia Judges take part in Human Rights and the Administration of Justice training in Tunisia © IBA 2015 The popular pro-democracy protests that took place across the Middle East and North Africa began in Tunisia in December 2010. Since then, Tunisia has undergone a period of significant transition and now upholds many of the hallmarks of a democratic state. In October 2015, Tunisia’s national bar association, (L’Order National Des Avocats de Tunisie), was awarded the Nobel Peace Prize for its seminal role in facilitating Tunisia’s successful democratic transition. One of the first steps taken by the country’s interim government was to accede to the Rome Statute of the International Criminal Court. This committed the government to ensuring perpetrators of gross violations of human rights are brought to justice, according to the international standards of due process. The country’s new Constitution (2014), which enshrines equality of rights and freedoms, also incorporates fundamental fair trial guarantees. The IBAHRI, in partnership with the Central and Eastern European Law Initiative (CEELI Institute) and under the coordination of the International Legal Assistance Consortium, has continued to build the capacity of the Tunisian judiciary. During 2015, the IBAHRI delivered six seminars on the implementation of human rights principles, each led by an international panel of judges and attended by 151 Tunisian judges. The IBAHRI also delivered two international criminal law workshops, led by judges and lawyers working at the International Criminal Court and the Special Tribunal for Lebanon, which were attended by 29 judges and prosecutors. 1,600+ judges and prosecutors trained in 60 human rights seminars since 2012 29 Tunisian judges and prosecutors attend workshops on international criminal law In May 2015 a human rights seminar marked the end of the first phase of the IBAHRI’s extensive judicial training programme, during which the IBAHRI and the CEELI Institute have delivered 60 seminars benefitting over 1,600 judges and prosecutors. By engaging judges from all regions in Tunisia and all levels of seniority, the programme has provided a productive space for peer-to-peer discussion on the role of a judge in a democratic state. The IBAHRI is developing the second phase of its programme during which it will deliver ‘training-the-trainer’ workshops focused on combatting torture, together with the Danish Institute Against Torture (DIGNITY) and a working group of judges from the Tunisian Ministry of Justice. The trainings will aim to strengthen the role of Tunisia’s judges and prosecutors in preventing torture and build participants’ capacity to deliver professional training seminars to their judicial peers. This project was funded by the International Legal Assistance Consortium 32 International Bar Association’s Human Rights Institute Annual Review 2015 Zambia An IBAHRI fact-finding delegation visits mines in Zambia in 2015 © IBA 2015 As part of its tax, poverty and human rights programme (see page 35 of this report), the IBAHRI undertook a fact-finding mission to Zambia in 2015. Zambia acts as a case study to investigate the impact of mining companies’ tax planning strategies on the realisation of economic and social rights. Through this fact-finding the IBAHRI hopes to assess the ways in which tax administration could be strengthened and natural resources harnessed, while maximising the potential of capital markets for financing development. In March 2015, an IBAHRI delegation of international experts on tax and human rights travelled to Zambia, one of the most resource-rich countries in Africa. Despite being one of the biggest copper producers on the continent, Zambia remains one of the poorest countries in the sub-Saharan Africa region. As such, the IBAHRI delegation investigated mining taxation, the realisation of economic, social and political rights, and the fair use of public resources. During their eight-day visit, the of the world’s copper reserves are in Zambia, delegation met with various stakeholders, including mining companies, government officials, civil society groups and making the it the fourth largest copper-producing vulnerable communities. 6% nation in the world In 2016, the IBAHRI will publish its final findings. As part of a wider project on human rights in economic and financial policy, the IBAHRI will continue to drive momentum and advance the discourse on tax and human rights. 60.5% of the population in Zambia live in poverty Source: UNDP This project is funded by the IBAHRI Trust International Bar Association’s Human Rights Institute Annual Review 2015 33 Thematic work Our thematic work serves to target IBAHRI capacity-building and advocacy work towards pertinent human rights issues. Some of the thematic areas have been forged out of the passing of IBAHRI Resolutions by the IBAHRI Council; these include Poverty and Human Rights (2010), Sexual Orientation and Human Rights (2010) and the Abolition of the Death Penalty (2008). Other programmes include the United Nations Programme, which aims to strengthen United Nations recommendations relating to the independence of the judiciary and the legal profession through advocacy, capacity-building and research. 34 International Bar Association’s Human Rights Institute Annual Review 2015 Sexual orientation and human rights Rainbow flags waving at Montreal Gay Pride 2015 © Shutterstock.com International law recognises that discrimination against people on the grounds of their sexual orientation and gender identity is contrary to fundamental principles of human rights. Despite this being affirmed by the UN Human Rights Committee, Lesbian, Gay, Bisexual, Transgender and Intersex (LGBTI) persons face violence and discrimination, and laws which criminalise LGBTI persons, in many countries around the world. The IBAHRI Sexual Orientation, Gender Identity (SOGI) and Law Reforms project addresses the silencing of LGBTI issues in legal debate, both at international and national levels, the absence from protection mechanisms, and ways to address hate crimes against LGBTI persons. The IBAHRI works with lawyers on evidence gathering and litigation techniques, with prosecutors on ways to investigate LGBTI hate crimes, and with judges to make them aware of available international guidance on the subject matter and by sharing best practices. This year, the IBAHRI drafted the SOGI and law reforms programme with implementation partners to identify potential activities. In 2016, the IBAHRI will be carrying out initial research into the Universal Periodic Review (UPR) – a mechanism of the UN Human Rights Council – and the way the UPR process reviews issues regarding SOGI and law reform. The IBAHRI officially adopted the resolution on Sexual Orientation and Human Rights in 2010, calling for the abolition of laws criminalising adult consensual same-sex activity. In the coming year, the IBAHRI aims to launch a report on the findings of its research on the UPR and SOGI rights, in cooperation with the International Lesbian, Gay, Bisexual, Trans And Intersex Association. A planned country scoping mission is also being developed. International Bar Association’s Human Rights Institute Annual Review 2015 35 Tax, poverty and human rights The IBAHRI visit Peru for an international strategy meeting on tax justice and human rights © IBA 2015 One of the cornerstones of a healthy democracy is an equitable taxing system, the proceeds of which should serve the general interest of the nation. While links between human rights and poverty have been established, on the one hand, and between poverty and tax evasion, on the other, comparatively little time has been spent considering tax abuses as a matter of violations of concern for human rights. In light of the international community agreeing the post-2015 agenda in the form of the Sustainable Development Goals, the IBAHRI Tax, Poverty and Human Rights programme has aimed to re-frame the global policy framework to combat poverty. Having published Tax Abuses, Poverty and Human Rights (2013), which generated a wide interest from both public and private stakeholders, 2015 saw the IBAHRI participate in a number of events on the topic around the world. The IBAHRI continued to promote its report globally and raise awareness of fiscal policies and tax practices as human rights concerns. The IBAHRI participated and presented during the International Strategy Meeting on Tax Justice and Human Rights in Lima, Peru, organised by the Centre of Economic and Social Rights, and at the Financial Integrity and Human Rights conference in Johannesburg, South Africa. The IBAHRI also undertook a fact-finding mission to Zambia, sending a delegation of international tax and human right experts to investigate mining taxation, the realisation of economic, social and economic rights and fair use of public resources (see page 33 of this report). Follow-up plans include the development of a wider project on human rights in economic and financial policies, with a series of expert meetings and roundtables being organised for 2016. The IBAHRI will continue to speak at events and international conferences to maintain the momentum of debate and advance discourse on tax and human rights. This project is funded by the IBAHRI Trust, the IBA Special Projects Fund and IBA Public and Professional Interest Division Activities Fund 36 International Bar Association’s Human Rights Institute Annual Review 2015 UN Programme The Human Rights and Alliance of Civilizations Room in the United Nations Headquarters, Geneva © Martin Lehmann/Shutterstock.com The IBAHRI United Nations programme was launched in 2014, with the aim of advancing UN recommendations relating to the independence of the judiciary and the legal profession worldwide. UN mechanisms provide an effective and accessible forum to advocate for professional independence and work towards its implementation on the ground. The UN Programme has three main components: • Advocacy: regular expert reports with key recommendations made by the IBAHRI form the basis of work to advance human rights in the administration of justice. • Capacity-building: through this component the IBAHRI aims to develop opportunities for lawyers, judges and bar associations to engage with UN mechanisms on issues relating to judicial independence. • Research and analysis: the IBAHRI’s research-based reports aim to inform state policies; advance the implementation of UN recommendations; and inform legal advocacy and capacity-building. In 2015, the IBAHRI focused on setting up a permanent presence in Geneva, by placing a full-time legal specialist to focus on its UN programme. Research was conducted on the role of the UPR process in advancing human rights in the administration of justice, with the final report scheduled to be launched in 2016. Initial findings indicate that the independence of lawyers has been given very little attention by Member States and the involvement of lawyers’ organisations in the UPR process is still very limited. Building on findings from the report, the IBAHRI aims to strengthen the involvement of lawyers and legal professional associations in the UPR process. An NGO support group was established in 2015 as part of this initiative. The IBAHRI also made stakeholder submissions to the second cycle UPR of Hungary, Myanmar, Swaziland and Tajikistan. In preparation for Myanmar’s UPR, the IBAHRI brought a delegation of Myanmar lawyers to Geneva, to meet with Member States’ Permanent Mission Representatives and brief them on the situation of legal professionals in the country. This advocacy activity resulted in three Member States making recommendations on the independence of lawyers in Myanmar. The same delegation took part in an IBAHRI training programme, which aimed to strengthen their ability to engage with UN human rights mechanisms. The IBAHRI will continue to develop its UN programme, to strengthen the legal community’s ability to engage with UN mechanisms and work to protect the independence of the profession. Given the success of the Myanmar delegation’s trip, similar visits are anticipated for 2016, with lawyers from Tajikistan and Swaziland. This project is funded by the IBAHRI Trust and the IBA Public and Professional Interest Division Activities Fund International Bar Association’s Human Rights Institute Annual Review 2015 37 Publications and films International Bar Association’s Human Rights Institute Annual Report 2014 Annual Report 2014 (February 2015) Justice versus corruption: Challenges to the independence of the judiciary in Cambodia (September 2015) Still under threat: the independence of the judiciary and the rule of law in Hungary (October 2015) Visit the IBAHRI publications page: http/tinyurl.com/IBAHRI-Publications Myanmar: the long road to reform (July 2015) 38 Human rights: Can we go it alone? IBAHRI 20th Anniversary speaker session (September 2015) International Bar Association’s Human Rights Institute Annual Review 2015 Events 2015 Guests enjoy the IBAHRI’s 20th Anniversary drinks reception © IBA 2015 Rule of Law Fact-Finding by NGOs: Monitoring Standards and Maximising Impact (Thursday 29 January 2015, London) Panellists Sir Nigel Rodley Chair of the University of Essex’s Human Rights Centre, member of the UN Human Rights Committee and former UN Special Rapporteur Ambassador (ret.) Hans Corell IBAHRI Co-Chair (from January 2015) Philippe Kirsch OC QC Former President of the International Criminal Court Professor Robert McCorquodale Director, British Institute of International and Comparative Law Baroness Helena Kennedy QC IBAHRI Co-Chair Christian Åhlund Executive Director of International Legal Assistance Consortium and Chair of Council of Europe´s European Commission against Racism and Intolerance Rolf Ring Acting Director and Head of the Department for Administration and Finance, Raoul Wallenberg Institute Anna Neistat Senior Director for Research, Amnesty International Robin Phillips Executive Director, The Advocates for Human Rights Itamar Barak Senior Data Coordinator, B’Tselem Sternford Moyo Lawyer and former IBAHRI Co-Chair (2010–2014) Dr Phillip Tahmindjis AM IBAHRI Director Alex Wilks IBAHRI Principal Programme Lawyer International Bar Association’s Human Rights Institute Annual Review 2015 International Bar Association’s Human Rights Institute’s 20th Anniversary Drinks Reception (Thursday 2 July 2015, London) IBAHRI 20th Anniversary Speaker Session (Thursday 10 September 2015, London) Panellists Sir Kier Starmer MP Co-founder of Doughty Street Chambers, former Director of Public Prosecutions and head of the Crown Prosecution Service Martin Howe QC Former member of the Coalition Government’s Commission on a Bill of Rights Moderator Todd Benjamin Award winning journalist, former financial editor for CNN 39 Launch of ‘Justice vs corruption: challenges to the independence of the judiciary in Cambodia’ (Thursday 17 September 2015, Phnom Penh) Panellists Judicial Justice Brenda Edwards Judicial Justice, Victoria’s Intergrated Court, Canada Dr Phillip Tahmindjis Director, IBAHRI Nadia Hardman Programme Lawyer, IBAHRI Mark Wassouf Barrister, Doughty Street Chambers, London The independence of the legal profession in Europe (Thursday 4 October 2015, IBA Annual Conference, Vienna) Session Chair Baroness Helena Kennedy QC IBAHRI Co-Chair Speakers Khalid Bagirov Azerbaijan Bar Association Herdis Kjerulf Thorgeirsdóttir Venice Commission Lucy Scott-Moncrieff The Law Society of England and Wales Nick Stanage Doughty Street Chambers IBAHRI’s 20th Anniversary Gala (Tuesday 1 December 2015, London) Human rights in Europe (Monday 4 October 2015, IBA Annual Conference, Vienna) Session Chair Baroness Helena Kennedy QC IBAHRI Co-Chair Speakers Ambassador (ret.) Hans Corell IBAHRI Co-Chair Evelyne Paradis ILGA-Europe Cristoph Pinter UNHCR Javaid Rehman Brunel University London IBAHRI SHOWCASE: The UN Security Council and human rights (Tuesday 5 October 2015, IBA Annual Conference, Vienna) Speakers Baroness Helena Kennedy QC IBAHRI Co-Chair Dr Phillip Tahmindjis Director, IBAHRI Launch of ‘Still under threat: the independence of the judiciary and the rule of law in Hungary’ report (Thursday 10 December 2015, Budapest) Panellists José Igreja Matos Court of Appeal Judge and Vice President of the International Association of Judges Chara de Lacey IBAHRI Programme Lawyer Nick Stanage IBAHRI Mission Rapporteur Session Chair Ambassador (ret.) Hans Corell IBAHRI Co-Chair Panellists Simon Adams Global Centre for the Responsibility to Protect Angela Kane Former United Nations High Representative for Disarmament Affairs Baroness Helena Kennedy QC IBAHRI Co-Chair Daniel Kjellén The Challenge Group 40 International Bar Association’s Human Rights Institute Annual Review 2015 Media Newsletters Websites IBAHRI News Rule of Law Directory To join the IBAHRI mailing list contact [email protected] The Rule of Law Directory is the first centralised, fully searchable, online database of organisations engaged in rule of law work across the world. IBA Global Insight IBA GLOBAL INSIGHT NUAL CONFERENCE OF THE INTERNATIONAL BAR ASSOCIATION HINGTON MARRIOTT WARDMAN PARK, WASHINGTON DC, USA in Washington e USA and the IBA G L BAL INSIGHT Feb/Mar 2016 s, the President mportant centre he International ing the political ome spectacular he National Mall. Unprecedented migration and heightened tensions in Europe ence the perfect n and to develop gton DC an ideal national lawyers. OFFER YOU? Africa’s ’Lions on the move’: legal infrastructure and economic progress lopment event nals attending area of the law practice ing firms from IBA Global Insight (IGI) is the IBA’s flagship magazine. Published six times a year and distributed to all members of the IBA, IGI features articles covering topical legal, business and human rights issues. www.roldirectory.org International Human Rights Fact-Finding Guidelines uing y to network CORPORATE SUPPORTER Februray / March 2016 ER YOUR INTEREST: Conferences/Washington2016.aspx [email protected] tinyurl.com/IBA-GI ‘Word crimes’: the draconian laws killing free speech chnology 2o3o The IBAHRI and Raoul Wallenberg Institute International Human Rights Fact-Finding Guidelines are a valuable too for anyone engaged in human rights fact-finding visits and reports. Digital innovation and the implications for the way we’ll be living 15 years from now 2/5/2016 5:05:05 PM Legalbrief Africa Legalbrief Africa is a free and innovative IBA e-news diary, delivering a weekly summary of important African legal news to lawyers across Africa and globally. www.factfindingguidelines.org tinyurl.com/LegalBriefAfrica www.ibanet.org/IBAHRI.aspx @IBAHRI International Bar Association’s Human Rights Institute Annual Review 2015 /IBAhumanrights 41 Looking ahead to 2016 UN programme Publishing research results into UN human rights mechanisms. Research findings on the role of the Universal Periodic Review in advancing human rights in the administration of justice will be published in Geneva and guide the IBAHRI’s advocacy work at the UN. Tunisia Death penalty Thematic paper. The IBAHRI will publish a thematic paper which will review laws requiring mandatory death penalty worldwide. Concluding the capacity-building programme in Tunisia. The three year programme in Tunisia will conclude in 2016 with two ICL moot court competitions, training-the-trainers torture prevention workshops and a final impact assessment. Sexual orientation and human rights Launching research on LGBTI issues. Working with the International Lesbian, Gay, Bisexual, Trans and Intersex Association (ILGA) the IBAHRI will carry out a survey, and publish a report, on the inclusion of LGBTI issues included in UPR recommendations. 42 International Bar Association’s Human Rights Institute Annual Review 2015 Azerbaijan Ongoing human rights trainings aimed at young lawyers. Hoping to address a generational gap amongst lawyers able to work on human rights cases, the IBAHRI aims to conduct trainings with young lawyers on how to undertake such cases. Myanmar Supporting the ILAM first year in operation. Following the launch of the ILAM, the IBAHRI will facilitate the inaugural meetings of the newly elected governing bodies. Through its ongoing capacity-building programme the IBAHRI will support the establishment of a secretariat and the recruitment and training of staff for the association. Timor-Leste Zambia Launching our fact-finding mission report. Following a fact-finding mission the IBAHRI will publish its report on mining taxation, the realisation of economic, social and political rights, and the fair use of public resources in Zambia. International Bar Association’s Human Rights Institute Annual Review 2015 Establishing a national bar association. The IBAHRI’s legal specialist programme in TimorLeste will continue to support the establishment of the country’s first national bar association. 43 Governance A banquet marking the first IBA Conference, New York, October 1947 History and constitution Established in 1947, the International Bar Association (IBA) is the world’s leading organisation of international legal practitioners, bar associations and law societies. The IBA influences the development of international law and shapes the future of the legal profession throughout the world. It has a membership of more than 80,000 individual lawyers and more than 190 bar associations and law societies spanning over 160 countries. Grouped into two divisions – the Legal Practice Division (LPD) and the Public and Professional Interest Division (PPID) – the IBA covers all practice areas and professional interests, providing members with access to leading experts and up-to-date information. The IBA established its Human Rights Institute in 1995 under the honorary presidency of Nelson Mandela, to promote and protect human rights and the independence of the legal profession. The IBAHRI is an independent entity within the Public and Professional Interest Division (PPID) of the IBA. IBAHRI projects are funded by the generous support of its members and funding bodies. Under the IBAHRI By-Laws, the Institute is governed by an independent council comprising: Co-Chairs; Vice-Chair; Secretary-Treasurer; 12 council members; and one representative from the LPD, the IBA Section on Public and Professional Interest, and the IBA’s Bar Issues Commission. 44 International Bar Association’s Human Rights Institute Annual Review 2015 Council 2015 Honorary President Co-Chair Co-Chair Justice Richard Goldstone South Africa Baroness Helena Kennedy QC UK Ambassador (ret.) Hans Corell Sweden Council Nasser Amin Egypt Carlos Ayala Corao Venezuela Professor Christine Chinkin UK Professor Sarah Cleveland US Marzuki Darusman Indonesia Yasushi Higashizawa Japan Beatrice Mtetwa Zimbabwe Justice Catherine O’Regan South Africa Anne Ramberg Sweden Justice Robert Sharpe Canada Mark Stephens CBE England Vice-Chair Secretary-Treasurer Justice Michael Kirby AM CMG Australia Stephen Macliver Australia Divison Representatives Norville Connolly Bar Issues Commission, Northern Ireland Stephen Denyer Section on Public and Professional Interest, UK Dr Luz Nagle Legal Practice Division, Colombia International Bar Association’s Human Rights Institute Annual Review 2015 45 Finance £60,033 7% Total expenditure for 2015: £905,266 £147,629 16% £244,273 27% £63,812 7% Americas Expenditure by Region Asia Pacific Europe and Central Asia £146,197 16% Middle East and North Africa Sub-Saharan Africa Worldwide £243,323 27% £13,819 2% £235,157 26% £275,706 30% Capacity-building: technical assistance Conference Fact-finding Thematic Capacity-building: training Trial observation Expenditure by Activity £97,608 11% £183,738 20% £99,238 11% 46 International Bar Association’s Human Rights Institute Annual Review 2015 Donors Tunisian judges take part in human rights training © IBA 2015 The IBAHRI would like to thank its partners, supporters and funding bodies without whom the IBAHRI would be unable to carry out its work. The IBAHRI acknowledges the generous financial support and assistance from: Australian Embassy, Brasília LexisNexis British Council Open Society Foundation, Eurasia Program Canton of Geneva Swedish International Development Cooperation Agency Foreign & Commonwealth, British Embassy, Rangoon The Baring Foundation Federal Department of Foreign Affairs of Switzerland United Nations Development Programme Foreign & Commonwealth Office United States Agency for International Development IBA Public and Professional Interest Division Activities Fund IBA Special Projects Fund International Bar Association’s Human Rights Institute Trust International Legal Assistance Consortium John Ellerman Foundation Joint International Development Grants Programme We would also like to extend our gratitude to all judges, lawyers, prosecutors and academics who participated in the IBAHRI’s work in 2015, sharing their experiences and expertise with colleagues across the globe, pro bono. All IBAHRI activities are funded by grants and individual donations. To help support our projects, become a member for just £40 a year – less than £4 a month. Visit www.ibanet.org/IBAHRI.aspx for more information, and click join to become a member. Alternatively, email us at [email protected]. International Bar Association’s Human Rights Institute Annual Review 2015 47 Meet the team Dr Phillip Tahmindjis AM Director Alex Wilks Principal Programme Lawyer Shirley Pouget Senior Programme Lawyer Chara de Lacey Programme Lawyer Phillip has degrees in Arts and Law from the University of Sydney, a Master of Laws degree from University College London, and a Doctorate from Dalhousie University, Canada. Admitted to the bar of New South Wales in 1978, Phillip was for 25 years a professor of human rights, teaching and researching in Australia, North America and Hong Kong. He has been a consultant to private industry and government with respect to the implementation of human rights (particularly with respect to antidiscrimination measures) and is the editor of four books and the author of several articles in this area, the most recent being Sexuality and Human Rights: A Global Overview. At the IBAHRI he has undertaken projects in Afghanistan, Bhutan, East Timor, Iraq, Libya, Nepal, Pakistan, Swaziland, Cambodia and Syria. He was for three years a member of the Queensland Anti-Discrimination Tribunal and is a trained mediator. In September 2012 Phillip was appointed a Member of the Order of Australia (AM) for meritorious service to the international legal community in particular for his contributions to, and advocacy in respect of, the promotion and protection of human rights. Alex is a UK-qualified lawyer and has experience in domestic and international human rights litigation. He has been a parliamentary legal officer in the UK House of Lords, advising on human rights issues and international law and, between 2007–2008, was the IBA legal specialist in Afghanistan where he worked to establish Afghanistan’s first national bar association. At the IBAHRI, Alex covers the Latin American region as well as Sri Lanka, Bahrain and Timor Leste. He also leads on monitoring and evaluation and impact assessment for IBAHRI activities. Alex speaks French, Portuguese and Spanish and has an LL.M in International Human Rights Law from the University of Essex, UK. Shirley has over ten years’ international experience as a rule of law and human rights practitioner, leading high-level capacity-building programmes, fact-finding missions, trial observations and advocacy and research projects. She is currently reading for an LL.M on International Corporate Governance, Financial Regulations and Economic Law and holds a PGDip in Rule of Law and Democratisation, a French Maitrise in International Public Law and an LL.B. Shirley’s previous positions include: cabinet member for the French local government; Programme Director with Ensemble Contre La Peine de Mort (ECPM); and Legal Officer with the Burma Lawyers’ Council. At the IBAHRI, Shirley covers both country-specific and thematic programmes, including heading the IBAHRI’s engagement in Myanmar (Burma), business and human rights projects, and the IBAHRI’s representation at the UN in Geneva. She has authored and co-authored published reports on international justice and the death penalty. Chara manages the IBAHRI’s extensive judicial reform project in Tunisia and the programme work on women’s rights in Darfur. Before joining the IBAHRI, Chara headed a legal education programme on the intersection of law and international development and worked as a consultant for Global Witness, a Londonbased NGO, conducting research into financial transparency and listed companies. She has worked in Sierra Leone on a law reform project relating to freedom of expression and access to information, and with UNICEF to conduct a monitoring and evaluation assessment of development projects. Chara is a UK-qualified lawyer. She studied International Human Rights Law and Practice at the London School of Economics and speaks French, Spanish and some Arabic. 48 International Bar Association’s Human Rights Institute Annual Review 2015 Nadia Hardman Programme Lawyer (–March 2015) Nadia joined the IBAHRI in April 2013 and her portfolio included the management of capacitybuilding projects in Azerbaijan and Tajikistan, and the implementation of fact-finding missions in Egypt and Cambodia. Nadia led the IBAHRI’s work with Azerbaijani defence lawyers, to strategically litigate cases before the European Court of Human Rights and, in Tajikistan, managed the IBAHRI’s work in unifying the country’s eight bar associations. Nadia is a UK qualified lawyer with a Masters in Human Rights from University College London. She has worked in the Prosecutor’s Office at the ICC, several London-based human rights NGOs and as an International Legal Consultant for an anti-human trafficking NGO in Cambodia where she implemented several access-to-justice projects. Prior to working for the IBAHRI, Nadia was Deputy Head of Partnerships and Legal Services at the London-based development charity, Advocates for International Development, where she managed an international pro bono project. Nadia speaks fluent French and Italian and basic Arabic. Eka Iakobishvili Programme Lawyer Eka joined the IBAHRI in 2015 as a human rights law specialist and currently manages IBAHRI programmes in Europe and Central Asia, including projects in Azerbaijan and Tajikistan. Her work also covers the thematic programme on sexual orientation, gender identity and human rights. Eka has previously worked for the Eurasian Harm Reduction Network, managing human rights programmes, and with the UN Office on Drugs and Crime, to manage and undertake research on access to justice for prisoners with drug related offending in Central and West Asia. Eka has published a number of papers, including on gender violence and law reform in Europe and Central Asia, women and drugrelated offences in Europe and Central Asia, and legislative issues on torture, inhumane treatment and punishment. She is currently studying for her PhD in International Human Rights Law, at the University of Essex, UK. Eka is fluent in both Russian and Georgian. International Bar Association’s Human Rights Institute Annual Review 2015 Mahmuda Ali Manager, Programmes and Grants Administration Mahmuda’s first involvement with the IBAHRI was as an intern, supporting a fact-finding mission to Zimbabwe in 2000. Joining the permanent staff in 2003, Mahmuda now heads the IBAHRI grant management and logistics team and formerly managed the IBAHRI intern programme (2008– 2012). Mahmuda has coordinated rapid-response missions worldwide, supported the set-up and administration of The Hague office and ICC monitoring project (2007–2013). She manages IBAHRI trial observations, supports legal specialist placements and risk management/ compliance for HRI. She sits on the board of the International Law Book Facility (ILBF), a UK charity recycling law books in coordination with several partner organisations including LexisNexis and Clifford Chance. Mahmuda has studied law at London Guildhall, holds a BA (Hons) History from Goldsmiths’ College, University of London and is a Fellow of the Salzburg Global Seminar. Before joining the IBAHRI, Mahmuda worked for the Medical Foundation for the Care of Victims of Torture in London, British Council, UK and Amnesty International, Oslo. Alfonso Redondo Communications Coordinator Alfonso joined the IBAHRI in 2014. He is responsible for all aspects of the IBAHRI’s external communications. This includes the maintenance of the IBAHRI’s webpages and social media channels, producing and distributing news releases, newsletters and other multimedia content and coordinating profile raising events. Alfonso has a BA in Sociology and Journalism from Cardiff University as well as an MSc in International Public Policy from University College London. He speaks Spanish, French and German. 49 Meet the team Anna-Maria Balntas Programme Coordinator Anna-Maria joined the IBAHRI in 2013. Her responsibilities include coordinating IBAHRI trial observations, overseeing the IBAHRI intervention letter programme and managing the IBAHRI’s legal intern programme. She supports the IBAHRI Director and the institute’s participation in IBA annual conferences. AnnaMaria holds an LL.B with French from the University of Leeds and an LL.M in Human Rights and Public Law from University College London. She is a member of Gray’s Inn and completed the Bar Professional Training Course in 2015 at the University of Law in London, where she studied part-time. 50 Aurora Garcia Programme Administrator (Maternity leave) Giovanna Park Programme Administrator (Maternity cover) Aurora coordinates IBAHRI trial observations, fact-finding/rapidresponse missions and training and capacity-building programmes, as well as providing administrative and logistical support to IBAHRI missions and legal professional training programmes. She joined the IBAHRI in 2009. Aurora has a BA in Tourism from the University of Girona, Catalonia and a Masters in Secretarial Management from Secretaria Plus in Barcelona. She recently participated in Florida State University’s International Human Rights Law course. In 2014 Aurora travelled to Myanmar to assist in the organisation of a 200-participant seminar on bar associations’ best practices. She has also travelled to Tunis to assist in the organisation and running of the IBAHRI’s training programme for Tunisian judges. Giovanna joined the team in 2015 to provide overall support to the IBAHRI projects. Her responsibilities cover a variety of vital IBAHRI activities including trainings, fact-finding missions and conferences. Giovanna coordinates logistics for all HRI programmes and supports the IBAHRI’s financial grant reporting. Further to this, Giovanna organises IBAHRI’s trial observations in Venezuela and supports the IBAHRI’s six legal specialists based in-country. Prior to working at the IBAHRI, Giovanna was a project coordinator for a National Health Service development organisation, and holds the PRINCE 2 qualification in project management. Giovanna holds a degree in Spanish and Italian from Leeds University, which included modules on human rights as well as study in Florence, Italy, and Valencia, Spain. Alex Nelia Grants Coordinator Alex joined the IBAHRI in 2015, having previously worked at the John Smith Trust, for the Open Society Foundation and the European Council on Foreign Relations and Asylos. She holds a Bachelor of Laws from King’s College London and has a certificate of Higher Education in Legal Methods from Birbeck College. Prior to joining the IBAHRI team, Alex was a member of The Honourable Society of the Middle Temple, from whom she gained the Queen Mother Scholarship. She currently contributes ECTHR case reviews to the Bulletin of the European Human Rights Advocacy Centre and is a member of the Young Lawyers Committee, at the Human Rights Lawyers Association. International Bar Association’s Human Rights Institute Annual Review 2015 Leonie Girard Creative Artworker Hannah Caddick Content Editor (January 2014–March 2015) Isobel Souster Content Editor (March 2015–present) Richard Atkin Grants Accountant Richard currently enjoys UK partqualified accountancy status and will be a fully qualified Certified Chartered Accountant upon completion of his final exams in June 2016. After receiving his Accounting Technician qualification (AAT), he joined the finance department of the IBA and worked as an assistant to the Finance Director in the preparation of the IBA’s statutory accounts. In June 2008 he accepted the role of IBAHRI Grant Accountant and works closely with the IBAHRI in accounting for grant expenditure, monitoring of project budgets, cost controls and the production of final and interim reports for the IBA’s grant funders. Sophie Phythian Junior Content Editor (March 2015–present) Nyangala Zolho Communications Intern (October 2015–present) Tom Maguire Web and Multimedia Editor Romana St Matthew-Daniel Press Officer Helen Ugwu Intern Programme Manager (Maternity leave) Ele Dexter Intern Programme Manager (Maternity cover) © International Bar Association 2015 On the cover: Land rights campaigner meets an IBAHRI fact-finding delegation in Phnom Penh, Cambodia © IBA 2015 International Bar Association 4th Floor, 10 St Bride Street London EC4A 4AD Tel: +44 (0)20 7842 0090 Fax: +44 (0)20 7842 0091 Email: [email protected] www.ibanet.org/IBAHRI.aspx @IBAHRI /IBAhumanrights International Bar Association’s Human Rights Institute Annual Review 2015 51 2015 interns IBA interns, April 2015 © IBA 2015 We are extremely grateful to all interns who participated in the 2015 internship programme, providing a remarkable contribution in supporting the IBAHRI staff and the projects. Alexandra Andrada Flores Marine Corhay Joshua Krook Alexa Romanelli Ana Beatriz Balcazar Moreno Anurag Devkota Jaka Kukavica Shaniah Royer Cecilia Barral Diego Niamh Diskin Preetika Mathur Liemertje Sieders Zoe Boirin-Fargues Dayan Lizette Farias Picon Lisa Montel Lane Turkle Laura Burt Charlotte Fromont Kate Mozynski Nyangala Zolho Imogen Canavan Amelia Highnam Brandall Nelson Delphine Canneau Sora Kang Andrea Preziosi IBAHRI interns are based in the IBA London office on voluntary placements and work on a range of research and IBAHRI programmatic tasks. To find out more information on IBAHRI internships and how to apply, visit http://tinyurl.com/IBA-InternshipProgramme. 52 International Bar Association’s Human Rights Institute Annual Review 2015 Glossary of terms IBA Executive Director Mark Ellis, IBA President David W Rivkin and IBAHRI Director Dr Phillip Tahmindjis enjoy a joke at the IBAHRI 20th Anniversary Drinks Reception © IBA 2015 AM Member of the Order of Australia ILAM The Independent Lawyers’ Association of Myanmar BIC International Bar Association’s Bar Issues Commission ILBF International Law Book Facility CBE Commander of the Most Excellent Order of the British Empire ILGA International Lesbian, Gay, Bisexual and Transgender and Intersex Association CC Central Committee LGBTI Lesbian, gay, bisexual and transgender intersex CEC Central Executive Committee LPD Legal Practice Division CEELI Central and Eastern European Law Initiative MP Member of Parliament CMG Commander of the Order of St Michael and St George NGO Non-governmental organisation CNN Cable News Network OHCHR UN Office of the High Commissioner of Human Rights DIGNTY Danish Institute Against Torture PPID Public and Professional Interest Division DPP Director of Public Prosecutions QC The Award of the Queen’s Council ECPM Ensemble Contre La Peine de Mort SOGI Sexual Orientation and Gender Identity ECtHR European Court of Human Rights SPPI Section on Public and Professional Interest IBA UK United Kingdom IBAHRI International Bar Association’s Human Rights Institute UN United Nations ICC International Criminal Court UNHCR United Nations High Commissioner for Refugees ICL International Criminal Law UNICEF United Nations Children’s Emergency Fund IDP Internally displaced persons UPR Universal Periodic Review IGI IBA Global Insight US United States International Bar Association International Bar Association’s Human Rights Institute Annual Review 2015 53 Tunisian judges take part in human rights training © IBA 2015 ‘The IBAHRI has assisted many in practical ways and has grown to provide inspiration of many kinds to lawyers around the world.’ Nicholas Cowdrey, inaugural IBAHRI Co-Chair (1995–2000) www.ibanet.org/IBAHRI.aspx @IBAHRI /IBAhumanrights