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
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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
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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
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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.
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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.
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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
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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
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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
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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
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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
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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
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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
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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