ternational justice rights of victims fact finding missions Access to justice human rights rule of law international justice rights of vict nding missions Access to justice human rights rule of law international justice rights of victims fact finding missions Access to justice h ghts rule of law international justice rights of victims fact finding missions Access to justice human rights rule of law international ju ghts of victims fact finding missions Access to justice human rights rule of law international justice rights of victims fact finding missio ccess to justice human rights rule of law international justice rights of victims fact finding missions Access to justice human rights rule ternational justice rights of victims fact finding missions Access to justice human rights rule of law international justice rights of vict nding missions Access to justice human rights rule of law international justice rights of victims fact finding missions Access to justice h ghts rule of law international justice rights of victims fact finding missions Access to justice human rights rule of law international ju ghts of victims fact finding missions Access to justice human rights rule of law international justice rights of victims fact finding missio ccess to justice human rights rule of law international justice rights of victims fact finding missions Access to justice human rights rule ternational justice rights of victims fact finding missions Access to justice human rights rule of law international justice rights of vict nding missions Access to justice human rights rule of law international justice rights of victims fact finding missions Access to justice h ghts rule of law international justice rights of victims fact finding missions Access to justice human rights rule of law international ju ghts of victims fact finding missions Access to justice human rights rule of law international justice rights of victims fact finding missio ccess to justice human rights rule of law international justice rights of victims fact finding missions Access to justice human rights rule ternational justice rights of victims fact finding missions Access to justice human rights rule of law international justice rights of vict nding missions Access to justice human rights rule of law international justice rights of victims fact finding missions Access to justice h ghts rule of law international justice rights of victims fact finding missions Access to justice human rights rule of law international ju ghts of victims fact finding missions Access to justice human rights rule of law international justice rights of victims fact finding missio ccess to justice human rights rule of law international justice rights of victims fact finding missions Access to justice human rights rule ternational justice rights of victims fact finding missions Access to justice human rights rule of law international justice rights of vict nding missions Access to justice human rights rule of law 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law international justice rights of victims fact finding missio ccess to justice human rights rule of law international justice rights of victims fact finding missions Access to justice human rights rule ternational justice rights of victims fact finding missions Access to justice human rights rule of law international justice rights of vict nding missions Access to justice human rights rule of law international justice rights of victims fact finding missions Access to justice h ghts rule of law international justice rights of victims fact finding missions Access to justice human rights rule of law international ju ghts of victims fact finding missions Access to justice human rights rule of law international justice rights of victims fact finding missio ccess to justice human rights rule of law international justice rights of victims fact finding missions Access to justice human rights rule ternational justice rights of victims fact finding missions Access to justice human rights rule 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IBA Human Rights Institute 2009 Annual Report

ternational justice rights of victims fact finding missions Access to justice human rights rule of law international justice rights of vict nding missions Access to justice human rights rule of law international justice rights of victims fact finding missions Access to justice h ghts rule of law international justice rights of victims fact finding missions Access to justice human rights rule of law international ju ghts of victims fact finding missions Access to justice human rights rule of law international justice rights of victims fact finding missio ccess to justice human rights rule of law international justice rights of victims fact finding missions Access to justice human rights rule ternational justice rights of victims fact finding missions Access to justice human rights rule of law international justice rights of vict nding missions Access to justice human rights rule of law international justice rights of victims fact finding missions Access to justice h ghts rule of law international justice rights of victims fact finding missions Access to justice human rights rule of law international ju ghts of victims fact finding missions Access to justice human rights rule of law international justice rights of victims fact finding missio ccess to justice human rights rule of law international justice rights of victims fact finding missions Access to justice human rights rule ternational justice rights of victims fact finding missions Access to justice human rights rule of law international justice rights of vict nding missions Access to justice human rights rule of law international justice rights of victims fact finding missions Access to justice h ghts rule of law international justice rights of victims fact finding missions Access to justice human rights rule of law international ju ghts of victims fact finding missions Access to justice human rights rule of law international justice rights of victims fact finding missio ccess to justice human rights rule of law international justice rights of victims fact finding missions Access to justice human rights rule ternational justice rights of victims fact finding missions Access to justice human rights rule of law international justice rights of vict nding missions Access to justice human rights rule of law international justice rights of victims fact finding missions Access to justice h ghts rule of law international justice rights of victims fact finding missions Access to justice human rights rule of law international ju ghts of victims fact finding missions Access to justice human rights rule of law international justice rights of victims fact finding missio ccess to justice human rights rule of law international justice rights of victims fact finding missions Access to justice human rights rule ternational justice rights of victims fact finding missions Access to justice human rights rule of law international justice rights of vict nding missions Access to justice human rights rule of law international justice rights of victims fact finding missions Access to justice h ghts rule of law international justice rights of victims fact finding missions Access to justice human rights rule of law international ju ghts of victims fact finding missions Access to justice human rights rule of law international justice rights of victims fact finding missio ccess to justice human rights rule of law international justice rights of victims fact finding missions Access to justice human rights rule ternational justice rights of victims fact finding missions Access to justice human rights rule of law international justice rights of vict nding missions Access to justice human rights rule of law international justice rights of victims fact finding missions Access to justice h ghts rule of law international justice rights of victims fact finding missions Access to justice human rights rule of law international ju ghts of victims fact finding missions Access to justice human rights rule of law international justice rights of victims fact finding missio ccess to justice human rights rule of law international justice rights of victims fact finding missions Access to justice human rights rule ternational justice rights of victims fact finding missions Access to justice human rights rule of law international justice rights of vict nding missions Access to justice human rights rule of law international justice rights of victims fact finding missions Access to justice h ghts rule of law international justice rights of victims fact finding missions Access to justice human rights rule of law international ju ghts of victims fact finding missions Access to justice human rights rule of law international justice rights of victims fact finding missio ccess to justice human rights rule of law international justice rights of victims fact finding missions Access to justice human rights rule ternational justice rights of victims fact finding missions Access to justice human rights rule of law international justice rights of vict nding missions Access to justice human rights rule of law international justice rights of victims fact finding missions Access to justice h ghts rule of law international justice rights of victims fact finding missions Access to justice human rights rule of law international ju ghts of victims fact finding missions Access to justice human rights rule of law international justice rights of victims fact finding missio ccess to justice human rights rule of law international justice rights of victims fact finding missions Access to justice human rights rule ternational justice rights of victims fact finding missions Access to justice human rights rule of law international justice rights of vict nding missions Access to justice human rights rule of law international justice rights of victims fact finding missions Access to justice h ghts rule of law international justice rights of victims fact finding missions Access to justice human rights rule of law international ju ghts of victims fact finding missions Access to justice human rights rule of law international justice rights of victims fact finding missio ccess to justice human rights rule of law international justice rights of victims fact finding missions Access to justice human rights rule ternational justice rights of victims fact finding missions Access to justice human rights rule of law international justice rights of vict nding missions Access to justice human rights rule of law international justice rights of victims fact finding missions Access to justice h ghts rule of law international justice rights of victims fact finding missions Access to justice human rights rule of law international ju ghts of victims fact finding missions Access to justice human rights rule of law international justice rights of victims fact finding missio ccess to justice human rights rule of law international justice rights of victims fact finding missions Access to justice human rights 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Contents Foreword from the Co-Chairs

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Chapter 1 Our work, objectives and thematic procedures

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Chapter 2 Access to justice and the rule of law

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Chapter 3 Judges and lawyers

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Chapter 4 International justice

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Chapter 5 Raising the profile of human rights

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Chapter 6 Publications

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Chapter 7 Looking to the future – our work in 2010

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Chapter 8 Governance

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Chapter 9 Revenue and expenditure

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Foreword from the Co-Chairs

I

n 2009 the International Bar Association’s Human Rights Institute (IBAHRI) has expanded its reach to more countries than ever before, and consolidate its status as a leading voice in international human rights and the global legal community. In a year during which the threat of terrorism continued, the global financial crisis extended its reach and new and diverse challenges to freedom and human rights arose, the IBAHRI continued to promote the just rule of law and the independence of the judiciary and the legal profession as a vital part of solving national and international crises. At the beginning of the year, the world turned its attention to the newly-inaugurated President Obama, whose first few weeks in office marked a new phase in global attitudes towards international justice and counter terrorism, with the decision to close the US detention centre at Guantanamo Bay. This gave rise to many questions about the future of detainees and any legal processes that may develop. The IBAHRI published a paper addressing the potential legal and practical difficulties that would ensue following the closure of the facility. In response to the broader issues faced by the world in the form of international terrorism, the IBAHRI created a Task Force on International Terrorism, specifically designed to tackle the new concerns and issues raised by the threat of and responses to terrorism in the third millennium. In some of the countries worst affected by terrorism, including Iraq, Libya and Afghanistan, the IBAHRI has been conducting capacity building work and human rights training, providing technical support to local bar associations and local practitioners. The Afghan Independent Bar Association, which was established with the IBAHRI’s assistance in 2008, has moved from strength to strength in its first year, testimony to the dedication of all involved in bringing democracy and the just rule of law to Afghanistan. This success has consolidated the IBAHRI’s reputation as expert in capacity building; expertise that this year was directed towards laying the groundwork for establishing more bars, as well as the 4

publication of literature designed to help bar associations throughout the world fulfil their potential. Our commitment to sharing expertise globally has been the driving force behind the many conferences and training programmes organised by the IBAHRI this year. The first parliamentary training ever conducted for the Westminster Consortium brought debate and discussion about human rights in the context of democracy to parliamentarians in Macedonia. This training programme, together with others like it, is an opportunity to put human rights firmly on the agenda of governments and practitioners worldwide. The IBAHRI has worked hard to maintain pressure on governments to meet international human rights standards and to move forward with positive developments, such as the abolition of the death penalty. We have continued our work to end the death penalty this year through our intervention letter campaign, contacting governments about capital punishment issues and cases at a rate of approximately one letter a week. While campaigning for the abolition of capital punishment might appear to be a vast and daunting challenge, we are encouraged by news such as the announcement in November of a permanent moratorium on the death penalty in Russia. We believe that there is a global trend against the use of the death penalty that will, with the assistance of the IBAHRI and like-minded NGOs, lead to a global abolition. As always, we have devoted a great amount of our time this year to conducting international fact-finding and scoping missions in order to offer expert and relevant feedback and advice on the state of human rights and the rule of law in countries all over the world. Our fact-finding visit to Sri Lanka in February produced a report entitled Justice in retreat: A report on the independence of the legal profession and the rule of law in Sri Lanka, the release of which was followed by a high-level debate at the Law Society in London, enabling a further discussion of the issues. IBA Human Rights Institute  2009 Annual Report

In addition our International Criminal Court (ICC) Monitoring and Outreach Programme in The Hague, the Netherlands, has continued to scrutinise and report on the fast-paced development of events at the ICC. It was a momentous year for the Court, with the start of the trial of Thomas Lubanga Dyilo, the first person to be surrendered to the ICC, and the decision to issue an arrest warrant against Sudanese President Al-Bashir, placing the Court under intense global scrutiny. As the profile of the Court grows, the role of our Monitoring and Outreach Programme becomes more significant. As the Court looks towards the 2010 ICC Review Conference to be held in Uganda in May 2010, our Monitoring Programme published a report entitled Sustaining the ICC: Issues for consideration at the 2010 Review Conference and beyond. Our Outreach Programme this year examined the challenges of fulfilling the ICC’s external communications mandate and offered recommendations to this end in a report entitled The Quest for a Public Face: The public debate on the International Criminal Court and its efforts to develop a vision and coherent strategy on external communications.

at which experts and specialists on human rights from all over the world exchanged views and ideas. The IBA’s Annual Conference in Madrid drew record numbers of participants this year, which was testament to the key role played by the IBA in international law, and the commitment of lawyers worldwide to the exchange of ideas and expertise. The IBAHRI held five sessions at the conference, which were opportunities to debate key issues such as the use of child soldiers, freedom of expression on the internet and the responsibility to protect. During the conference we were delighted with the presentation of the IBA Rule of Law Award to the Zimbabwean Prime Minister, Morgan Tsvangirai, ‘in recognition of his inspiring leadership in the struggle to secure the rule of law in Zimbabwe’. Speaking to an audience of international lawyers, Mr Tsvangirai said,

We would like to thank all our funders, and those who have provided expertise pro bono, for making possible the work that we have achieved in 2009.

‘Human rights is not just a yardstick for one country, it is a universal value, it is universal to the extent that we cannot have human rights standards as a minimum denominator for Africans. We should have human rights observed as a universal yardstick for every country in the world.’

In all our work, we pride ourselves on being in touch with the global legal community. As such, we consider being at the heart of debate invaluable to the success of our organisation. Throughout the year IBAHRI staff attended and organised events, conferences and debates

These words serve as an inspiration and a rallying call to the IBAHRI to build upon the successes of our work in 2009 and to continue to promote human rights and the just rule of law in all countries of the world in years to come.

Justice Richard Goldstone is past Justice of the South African Constitutional Court and former Prosecutor for the International Criminal Tribunals for Rwanda and the former Yugoslavia; Morningside, South Africa.

IBA Human Rights Institute  2009 Annual Report

Martin Šolc is Former Chair of the IBA’s Public and Professional Interest Division, former President of the Czech Bar Association; Prague, the Czech Republic. Justice Richard Goldstone’s term as Co-Chair will end in January 2010. He will be succeeded by Juan E Méndez. 5

Chapter 1 Our work, objectives and priorities Introduction

• Judges and lawyers programme: protecting the independence of the judiciary and legal profession. The International Bar Association’s Human Rights • International justice programme: working to Institute (IBAHRI) works to promote, protect and eradicate impunity for human rights violations, enforce human rights under a just rule of law. The promoting the rights of victims and supporting IBAHRI operates under the belief that the world’s international and regional courts. citizens have a fundamental right to have disputes • Law reform programme: ensuring that laws heard and determined by an independent judiciary, implement and promote respect for human rights. and for judges and lawyers to be able to practise freely • Advocacy programme: raising the profile of and without interference. In order to advance human human rights throughout the world. rights and the rule of law across the globe the IBAHRI undertakes a variety of projects to build capacity, IBAHRI projects lobby for change and highlight issues of international concern to the public, the media, the legal community • Providing long-term technical assistance to underresourced bar associations and law societies (see and governments. Chapter 2), • Undertaking fact-finding missions and sending trial Our work around the world observers to promote and assess compliance with international standards (see Chapter 2), The IBAHRI objectives are: • Training lawyers, judges and prosecutors in human • The promotion, protection and enforcement of rights law and international humanitarian law (see human rights under a just rule of law. Chapter 3). • The promotion and protection of the independence • Pioneering training programmes to strengthen the of the judiciary and of the legal profession judiciary in post-conflict countries or countries where worldwide. basic state infrastructure may have been eroded (see • The worldwide adoption and implementation of Chapter 3). standards and instruments regarding universal and • Making representations to authorities worldwide fundamental human rights. where the rule of law has been abrogated (see • The acquisition and dissemination of information Chapter 3). concerning issues related to human rights, judicial • Promoting international justice (see Chapter 4). independence and the rule of law. • Galvanising international support through targeted media and advocacy campaigns (see Chapter 5).

Programme areas

The work of the IBAHRI falls into a clear set of programme areas, as follows: • Access to justice and rule of law programme: promoting access to a fair and independent legal system that respects human rights and the rule of law. 6

IBA Human Rights Institute  2009 Annual Report

Map illustrating the IBAHRI’s work around the world

= IBAHRI work carried out in this country

IBA Human Rights Institute  2009 Annual Report

7

The IBAHRI Year: Highlights from 2009

January

February

March

The Media Law and Freedom of Expression website is launched (see Chapter 3)

The IBAHRI conducts combatting torture traning in Libya (see Chapter 3)

The trial of Mikhail Khodorkovsky commences; IBAHRI sends an observer (see Chapter 2)

April

May

June

Zambia legal specialist begins placement (see Chapter 2)

IBAHRI releases report on the independence of the legal profession and the rule of law in Sri Lanka, following a scoping mission (see Chapter 2)

The International Human Rights Fact-Finding Guidelines are launched (see Chapter 2)

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IBA Human Rights Institute  2009 Annual Report

Rebuilding courts and trust: An assessment of the needs of the justice system in the Democratic Republic of Congo August 2009

An International Legal Assistance Consortium and International Bar Association Human Rights Institute Report

Supported by the Open Society Initiative for Southern Africa and the Swedish Ministry for Foreign Affairs

July

August

September

The Afghan Independent Bar Association celebrates its first birthday (see Chapter 2)

Rebuilding courts and trust: An assessment of the needs of the justice system in the DRC is published (see Chapter 2)

Two prominent lawyers from the Southern African Development Community attend a study tour to The Hague (see Chapter 4)

October

November

December

The IBA holds its biggest ever Annual Conference in Madrid, where Morgan Tzvangirai is presented with the IBA Rule of Law Award (see Chapter 3)

The IBAHRI conducts parliamentary strengthening training in Macedonia for the Westminster Consortium (see Chapter 3)

IBAHRI Co-Chair Justice Richard Goldstone is presented with the Stockholm Human Rights Award

IBA Human Rights Institute  2009 Annual Report

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Chapter 2 Access to justice and the rule of law

F

air and equal access to an independent justice system is a basic human right and one of the key pillars of a fully functioning democratic society. Without this, communities can become marginalised, public confidence in the justice system destroyed and the political process undermined. The alienation of certain sections of society in this way can result in the use of extrajudicial mechanisms to administer justice and, consequently, a climate of impunity and lawlessness can emerge. The IBAHRI’s Access to Justice and Rule of Law Programme works to advance the basic principles of the rule of law and improve access to justice for all, as well as promoting and protecting the independence of the legal profession. It does this through conducting independent, professional and constructive examinations of legal systems worldwide, making recommendations to strengthen access to justice initiatives, encouraging compliance with international standards and providing support to bar associations and law societies across the globe.

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Building and supporting bar associations and law societies In addition to an independent judiciary, a legal profession that ensures that lawyers maintain independence and integrity when representing clients is the cornerstone underpinning a just rule of law. One of the most valuable tools to uphold and protect these fundamental principles is the creation of self-governing professional associations such as bar associations and law societies. These organisations represent the interests of lawyers, promote their continuing education and training, regulate entry into the profession, uphold professional standards and ethics and protect the interests of the public. The IBAHRI provides support to under-resourced bar associations and law societies worldwide, in an effort to uphold these fundamental principles. A vital element of this capacity building is the placement of legal specialists in a particular country for periods of four to twelve months. The role of the legal specialist is to work with bar associations and law societies to strengthen their internal operations and management, their ability to represent the legal profession and their ability to support the rule of law. Such projects also help with fundraising and grant management, the purchasing of new equipment, training key staff, organising conferences, establishing websites and strengthening links with international and regional organisations and the donor community.

IBA Human Rights Institute  2009 Annual Report

The Afghan Independent Bhutan: a bar association for the world’s Bar Association: one year on youngest democracy Amid political turmoil and persistent violence in Afghanistan in 2008, the IBAHRI assisted in establishing the first independent Afghan bar association. A year later in 2009, despite the continuing volatility of the political situation in the country, the Afghan Independent Bar Association (AIBA) moves from strength to strength. The IBAHRI has maintained a high level of involvement to support the bar through the early stages of its development, which has seen it grow from its initial 200 members to nearly 900. The AIBA has established itself as an independent voice in Afghanistan, and has started to speak out independently on controversial cases. It is working to create a bar exam and a continuing legal education programme, as well as setting up a dedicated women lawyers’ committee. The IBAHRI sent its sixth legal specialist to Kabul this year, thanks to funding from the Swedish Foreign Ministry. The IBAHRI specialist will offer continuing support to the bar during this crucial stage in its development and cement its standing as the foundation of an independent legal profession in Afghanistan.

IBA Human Rights Institute  2009 Annual Report

Formerly one of the most isolated countries on the planet, Bhutan has, in the past decade, embraced the internet and television, and become one of the world’s youngest democracies. In light of this rapid modernisation and progress, the IBAHRI undertook a scoping mission to Bhutan this year, with respect to assisting the Office of the Attorney General in setting up a Bhutanese bar association. The project is designed to respond to the needs of Bhutan’s newlyindependent legal system and is funded by the Danish Government and conducted in conjunction with the Danish Bar Association and Law Society. The IBAHRI is drawing from its experience in Afghanistan where it was involved in the establishment of the first Afghan bar association in 2008. In addition to the IBAHRI mission to Bhutan, the Bhutanese Attorney General and three Bhutanese lawyers visited London in June to engage in further discussions about the project. Following these preliminary meetings, the initial stages of establishing the Bhutanese bar are underway and the project will continue to develop in 2010.

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Colombia: a national bar association The IBAHRI is currently providing technical advice to Colombian parliamentarians and lawyers regarding the establishment of a national bar association. The current lack of a national bar in the country is leaving human rights lawyers without the support necessary to practise effectively. The IBAHRI conducted a scoping mission to the country in June, in order to assess needs and plan future projects, and anticipates providing further support in 2010.

Zambia: training and support Zambia continues in striving to strengthen its legal profession. The IBAHRI placed a legal specialist in Zambia in April 2009 on a four-month placement, funded by the Open Society Initiative for Southern Africa (OSISA). The placement allowed the specialist to assist the Law Association of Zambia (LAZ) in developing capacity and pushing forward to develop a high quality programme of continuing legal education for Zambian legal professionals. These developments ultimately aimed to raise the standard of the Zambian legal profession and improve the advice and service provided to Zambian citizens. The IBAHRI legal specialist also provided expertise on the implementation of a mandatory programme of continuing legal education, including drafting rules of procedure and amending legislation. The IBAHRI legal specialist also assisted the LAZ with two two-day sessions of human rights training for lawyers, which took place during the week of 29 June in Ndola and Lusaka. The workshops covered topics such as the role of the legal profession in the administration of human rights, regional and international enforcement of human rights and rights of women and children. Approximately 80 participants attended the workshops, including lawyers, judges and prosecutors. Participants welcomed the opportunity to learn more about human rights and discuss their impact on their daily practice.

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During her placement with the LAZ, the IBAHRI legal specialist offered a training session for future trainers and identified providers of continuing legal education, thereby contributing to the enhancement the LAZ’s capacity to offer courses to its members.

Benchmarking Bars Associations The IBAHRI has extensive experience of capacity building, including assisting in the establishment of the Afghan Bar. Our ongoing work with bar associations and law societies in countries such as Colombia and Bhutan has helped to develop a high level of expertise. This specialist capability enabled the IBAHRI to work with the Open Society Initiative for Southern Africa (OSISA) on the publication of a benchmarking book on capacity building. The book, entitled Benchmarking Bars Associations, is designed as a practical guide for law societies and bar associations, aiming to assist them in attaining the best practices and standards and help them meet the challenges faced by bar associations in developing countries across the globe.

Fact-finding missions and reports The IBAHRI conducts regular visits to countries all over the world. In countries where there are signs of a deterioration of the rule of law, the IBAHRI’s rapid response mechanism, funded by the Open Society Institute (OSI), allows the IBAHRI to react quickly to sudden events such as changes to the constitution or interference with the judiciary, which threaten human rights, the rule of law or the independence of the judiciary.

IBA Human Rights Institute  2009 Annual Report

Mission reports which detail the findings of these visits are disseminated widely to UN bodies, international governmental and non-governmental bodies, legal organisations and other stakeholders, and receive coverage in both national and international media. The findings of the missions help to direct the long-term work of the IBAHRI through the development of new projects and initiatives.

Fact-finding guidelines The IBAHRI launched the International Human Rights Fact-Finding Guidelines, in conjunction with the Raoul Wallenberg Institute (Sweden), on 1 June 2009. The result of several years’ work and wide consultation, the guidelines arose out of concern that, despite there being no agreed international standard for human rights factfinding reporting, such reports are frequently referred to by courts and tribunals as evidence of the facts alleged in them, as well as by governments, NGOs and other interested people. The guidelines aim to fill this gap by setting an agreed international standard of good practice in the conduct of fact-finding visits and in the compilation of reports.

As the Preamble to the Guidelines states: ‘If a report has been compiled in accordance with these guidelines it indicates that the allegations, observations and conclusions in it can be reasonably relied upon, thus enhancing the efficacy and credibility of the report. This will enhance fact finding as a step in a constructive process to improve the general climate of human rights compliance and to protect the victims of human rights violations.’ The guidelines were launched at a two-day conference in London attended by leading organisations who themselves carry out fact-finding missions. The guidelines are available in English, French, Spanish and Arabic. They can be downloaded from: www.factfindingguidelines.org.

Although primarily intended for use by NGOs, the guidelines can provide direction to all those engaged in human rights fact finding and reporting with a view to improving accuracy, objectivity, transparency and credibility.

IBA Human Rights Institute  2009 Annual Report

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Sri Lanka: justice in retreat at a pivotal point In May 2009, the Government of Sri Lanka declared victory in its long war against the LTTE (‘Tamil Tigers’), during which time it has come under significant international pressure to address the problem of impunity for serious human rights violations and abuses of humanitarian law. Following a fact-finding mission conducted by a high-level delegation, in May the IBAHRI released its report, entitled Justice in retreat: A report on the independence of the legal profession and the rule of law in Sri Lanka. The report analysed the status of the rule of law, the independence of the judiciary and the ability of the legal profession to exercise its professional duties freely, and expressed grave concern over Sri Lanka’s justice system, legal profession and media. The IBAHRI found that in recent years there has been an escalation of threats and physical attacks against lawyers filing fundamental rights applications and representing terrorist suspects, as well as cases of intimidation and harassment by the government and the police authorities. The IBAHRI concluded that far from being isolated incidents, attacks against human rights lawyers form part of a pattern of intimidation routinely exercised against members of civil society, NGOs and journalists who are perceived to be critical of the government or its policies.

The report, and the three high profile events that were held in the wake of its release, received wide media coverage, including several articles on the BBC website, a television interview on BBC World and comments in the UK newspaper The Guardian, in addition to wide national press coverage. At an IBAHRI event held in London, Sri Lankan lawyer Rohan Edrisinha provided unique insight into the fraught issues facing the country as it attempts to rebuild trust in the judiciary following the resolution of a bloody 25-year conflict: ‘Sri Lanka is experiencing a crisis with regard to the rule of law never witnessed in the country before. We have a lack of confidence in and respect for democratic institutions that we’ve probably never had in post-independence Sri Lanka.’ At this critical juncture in the history of the country, the IBAHRI has focused debate on the need to rebuild independent institutions, to strengthen the justice system and to ensure accountability for human rights violations in order to restore public confidence in the rule of law in Sri Lanka. The report is available to download from the IBAHRI website: www.ibanet.org/ibahri.

Lord Goodhart QC, who led the IBAHRI delegation, said: ‘It is absolutely unacceptable that lawyers representing terrorist suspects should find themselves listed on a government website which inappropriately implies that they, the lawyers, are linked to terrorist activity.’

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IBA Human Rights Institute  2009 Annual Report

Pakistan: a long march to justice As hundreds of lawyers and members of opposition parties marched from Karachi to Islamabad in March 2009, calling for the reinstatement of the Chief Justice and the restoration of the sacked judges in Pakistan, an IBAHRI delegation arrived in the country to assess the independence of its legal profession. The high-level delegation held meetings with over 100 stakeholders, including the Chief Justice, judges, lawyers, politicians and non-governmental organisations from across the country. The subsequent report, A Long March to Justice: A report on judicial independence and integrity in Pakistan, outlines political interference, corruption, a lack of accountability, flawed judicial appointment procedures, shortcomings of court infrastructure and a lack of training for legal professionals as major hindrances to justice and the rule of law. The events surrounding the removal and later reinstatement of the Chief Justice of Pakistan are analysed in the report in the context of the role of the legal profession and judicial activism, and the issue of the Islamisation of the Pakistani legal system.

Democratic Republic of Congo: rebuilding courts and trust The Democratic Republic of Congo (DRC) has for some time been the scene of large-scale human rights violations, most of which remain unpunished to this day, due in great part to the shortcomings of the domestic justice system. In February 2009 the IBAHRI and the International Legal Assistance Consortium (ILAC) organised an international delegation of jurists to visit the fragile state. The mission, funded by the Open Society Initiative for Southern Africa (OSISA) and the Swedish Ministry of Foreign Affairs, conducted a needs assessment of the Congolese judicial system to assess where expertise can be most constructively applied, both geographically and thematically, to assist the reconstruction of the DRC’s justice system. The high-level delegation held meetings with government ministers, parliamentarians, civilian and military judges and prosecutors, representatives of the Congolese bar associations, police, academics, international donors, NGOs, advocates and Congolese citizens. The mission focused on specific aspects of the justice system, including the independence and needs of the judiciary, legal issues related to crimes targeting women, needs of lawyers and bar associations, access to legal aid, traditional justice and military justice. The delegation also looked at ongoing justice reform programmes in the country.

Following the release of the report Justice Richard Goldstone, Co-Chair of the IBAHRI, called on the Pakistani Government and judiciary to ‘implement changes to ensure that fundamental rights are not only implemented but truly respected in Pakistan.’ The report is available to download from the IBAHRI website: www.ibanet.org/ibahri.

IBA Human Rights Institute  2009 Annual Report

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In August the IBAHRI released a report entitled Rebuilding courts and trust: An assessment of the needs of the justice system in the Democratic Republic of Congo. The report found that ongoing conflicts, serious violations of human rights, violence against women and international crimes have added to the challenges of a justice system that is already struggling to meet the basic demands of the population. A frequent disregard or delay in compliance with court orders by members of the executive and the overall difficulty for individuals to access justice is highlighted in the report as of particular concern. In addition, a lack of access to legal aid and the fact that tribunals are not present in all regions is viewed as contributing to the feeling of injustice for victims and a sentiment of impunity for perpetrators. The report states that the judicial system in the DRC continues to suffer from underinvestment, corruption and a severe lack of resources and infrastructure. The report includes recommendations to the Government of the DRC at both central and regional levels; the most notable of which is for the Government to increase funding of the judicial system and fight corruption within the judiciary. The report is available to download from the IBAHRI website: www.ibanet.org/ibahri.

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IBA Human Rights Institute  2009 Annual Report

Kenya: restoring integrity to the justice system The IBAHRI conducted a mission to Kenya in early October to undertake a needs assessment of the Kenyan justice system in light of election-related violence in 2007 and 2008. The IBAHRI, in conjunction with the International Legal Assistance Consortium (ILAC) and with the support of the Law Society of Kenya, conducted the mission to assess the needs of the justice sector.”. The high-level delegation examined the current functioning of the judicial system and identified ways in which support might be provided to the ongoing process of justice sector reform. Meetings were organised with government officials, members of the judiciary, lawyers and lawyers’ associations, legal academics, human rights organisations, international and regional organisations and representatives of civil society to discuss issues including the independence and needs of the judiciary, case and court management and current progress on implementation of the reform agenda. The subsequent report states that public confidence in the judicial system has virtually collapsed. A lack of independence in the judiciary, corruption, delays in court processes, and the costs associated with using the court system have all served to perpetuate a widely-held belief among Kenyans that formal justice is only available to an elite few.

Fiji: dire straits The IBAHRI released a report in March 2009 entitled Dire Straits: a report on the rule of law in Fiji. The report expresses concern over the state of the rule of law in the country, which has steadily deteriorated since the December 2006 coup. Highlighted are concerns about the interim military regime’s efforts to influence the judiciary, the legal profession and the media in Fiji. Of particular alarm is the case of Chief Justice Fatiaki who, in January 2007, was removed from his office by representatives of the current interim regime and forced to take leave under duress. Another concern is the conduct of judges who have been appointed or promoted following the December 2006 coup and who have heard cases that relate to the constitutionality of their own appointments. This breaches the law of recusal, which prohibits judges from presiding over a matter in which he or she holds an interest. The mission to Fiji was conducted remotely at the end of 2008 from Bisbane, Australia, following multiple attempts by the IBAHRI to enter the country. The report is available to download from the IBAHRI website: www.ibanet.org/ibahri.

Radical reform of the relationship between Kenya’s executive and judiciary is needed. The report contains recommendations to reform the judicial appointments process and transfer the Attorney General’s prosecutorial powers to an independent office. In the report, the IBAHRI and ILAC also support the establishment of a Special Tribunal to complement prosecutions before the International Criminal Court concerning crimes committed during the postelection violence. The IBAHRI encourages the Kenyan Government to consider adopting these reforms as part of its new Constitution, which is to be debated in 2010. The report is available to download from the IBAHRI website: www.ibanet.org/ibahri. IBA Human Rights Institute  2009 Annual Report

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Trial observations

The IBAHRI observer found that counsel for the applicant was given a fair hearing and that the judges The IBAHRI sends experts to observe trials around appeared familiar with the record and engaged with the world to encourage compliance with fair trial counsel in appropriate and dignified debate. However, standards. The practice of sending trial observers is the environment giving rise to the proceedings and well established and accepted within the international the substance of the case, notably, executive abuse of community, and helps to ensure the fair administration state power, could not be overlooked and remained a of justice, the proper functioning of the court process cause for concern. and the right to a fair trial. In 2009 the IBAHRI sent observers to the trials of Mikhail Khodorkovsky in Russia, Evgeniy Zhovtis in Khazakstan, the seven Gambian Press Union journalists in the Gambia, Judge Miroslaw Wyrzykowski in Poland and Alec Muchadehama and Jestina Mukuko in Zimbabwe.

Case example: Russia The second trial of Mikhail Khodorkovsky, once Russia’s richest man, commenced in Moscow in March 2009. The IBAHRI is the only organisation with a full-time observer based in Moscow attending all court sessions.

Case example: Zimbabwe

Mikhail Khodorkovsky was the founder and former Chief Executive of Yukos Oil. He was convicted in In December 2008, Jestina Mukoko, Director of the 2005, in controversial circumstances, of fraud and tax human rights NGO Zimbabwe Peace Project, was evasion and sentenced to eight years in prison. He is abducted from her house by state security agencies currently detained in Moscow’s Matrosskaya Tishina and held until March 2009 when she was freed on prison. He was further charged in February 2007 with bail. Mukoko attested that her constitutional rights embezzlement and money laundering. If convicted of were infringed by her abduction, lengthy unlawful these new charges, he faces as much as 22 more years detention, treatment during detention, which included in prison. He denies the charges. torture, and the state’s failure to take appropriate The trial is ongoing and the IBAHRI observer attends action against those responsible while at the same hearings daily. A report detailing the findings of time vigorously pursuing criminal charges against her. the observations will be released once the trial is On 25 June 2009 the IBAHRI sent a trial observer to completed. Zimbabwe to observe Mukoko’s hearing before the Supreme Court of Zimbabwe. Alleging a violation of her constitutional rights, Mukoko sought a permanent stay of the criminal proceedings against her. The Supreme Court of Zimbabwe found in Mukoko’s favour and granted the stay of proceedings on 28 September 2009.

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IBA Human Rights Institute  2009 Annual Report

IBA Human Rights Institute  2009 Annual Report

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Chapter 3 Judges and lawyers

T

he IBAHRI seeks to provide support to legal practitioners across the globe. Judges, lawyers and prosecutors face challenges caused by a lack of training opportunities, limited access to resources or a lack of professional support and representation. Legal professionals and activists may also be threatened, detained and abused as a result of carrying out their professional duties. When judges, lawyers or prosecutors become afraid to take on certain cases for fear of coming under attack, or a lack of proper support prevents members of the profession from carrying out their functions and acting according to professional ethics, a climate of impunity prevails and representation for those seeking the protection of the law is denied. The IBAHRI seeks to work against these impediments through a number of programmes, including training, workshops, interventions and conferences.

Sharing expertise Sharing expertise, knowledge and skills across international boundaries is key to strengthening the rule of law and supporting lawyers worldwide. The panels for IBAHRI training programmes and workshops provide representation from a range of backgrounds, areas of expertise and geographical regions. Additionally, international events provide an opportunity for regional, national and global interaction between lawyers, and the chance for further development of specialist areas. The IBAHRI has developed a series of workshops for lawyers, prosecutors and judges on the demonstration of justice, including fair trial standards, combating torture, independence and ethics. All training in this area is structured around the Human Rights in the Administration of Justice manual, developed by the IBAHRI in partnership with the United Nations. The manual, available in a variety of languages, forms the core human rights training material used by both organisations and seeks to familiarise participants with international human rights law and the decisions and views of international monitoring bodies. Training programmes are designed to raise awareness of human rights among legal practitioners and introduce issues that may not have been addressed in domestic legal education. In 2009 the IBAHRI commenced work on its Manual on International Criminal Law. The manual aims to facilitate understanding of the scope of international criminal law, particularly its relation to human rights. The manual covers the application of international criminal law at the international as well as domestic level and aims to increase awareness of the important role played by the legal profession in this respect. The manual will be completed in 2010.

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IBA Human Rights Institute  2009 Annual Report

Westminster Consortium 2009 saw the IBAHRI become part of a new initiative, the Westminster Consortium (TWC). TWC is a group of organisations including the IBAHRI which was established to help developing parliaments set up sustainable centres of learning for their staff and members with funding from the UK Department for International Development. The initiative arose from a need to increase the capacities of parliaments in order to ensure good governance through improving capabilities, accountability and responsiveness. Supporting the development of parliaments is an important and vital challenge to all organisations working in the field of democratic governance, and the Consortium has been formed by bringing together leading experts in the fields of parliamentary practice, financial oversight and communications to develop learning schemes based on international best practice. As part of the wider project, the IBAHRI has committed to run courses focusing on the role of parliaments in upholding the rule of law and the implementation of constitutional and human rights obligations. The first training course was successfully held in Macedonia in November 2009. Further courses are planned in Ukraine, Uganda, Georgia, Lebanon and Mozambique and will take place in 2010.

IBA Human Rights Institute  2009 Annual Report

Parliamentary strengthening in Macedonia: the IBAHRI’s first training course for the Westminster Consortium The IBAHRI conducted a course in Macedonia for parliamentarians on the role of parliament in upholding the rule of law and the implementation of constitutional and human rights obligations. The training was implemented by Judge Jan Nikolovska, a former judge of the European Court of Human Rights, Dean of the School of Law at the American University in Skopje, and Angela Patrick, legal specialist for the UK Parliament’s Joint Committee on Human Rights. The syllabus covered the role of parliament in upholding the rule of law and strengthening the implementation of Macedonia’s human rights obligations. As well as looking at how the Macedonian Parliament already incorporates human rights scrutiny into its legislative process, the potential for strengthening existing procedures was considered, using examples of best practice and case studies from other jurisdictions.

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Training on torture and detainees’ rights in Libya The IBAHRI successfully carried out the latest human rights training session for the Qadhafi Development Foundation at the al-Fateh University, Tripoli, in March 2009. The training session, the last of a series of four which covered the prohibition of torture and the monitoring of detention conditions, was attended by Libyan lawyers, journalists, academics, medical professionals and human rights activists, and was provided by international experts in the field. The workshop focused on detainees’ rights and included a visit to a local prison. It is hoped that the Qadhafi Development Foundation and other human rights activists will be able to use the training to help in the fight against torture and other gross human rights abuses. The project was funded by the UK Foreign and Commonwealth Office and was extremely well received by the participants. It received wide coverage in the Libyan media and raised the profile of the human rights debate in Libya. The IBAHRI hopes to build on this success and initiate further training with the Qadhafi Foundation in 2010.

Iran: legal clinics and legal aid Following a successful conference on Legal Aid and Clinical Legal Education held in Iran in 2008, the IBAHRI conducted a second workshop on legal clinics and legal aid in Tehran in April 2009, in conjunction with the Centre for Human Rights Studies and Mofid University. Over 150 participants attended the workshop held at the Islamic Azad Law School in central Tehran, engaging in discussions on the development of legal aid clinics and further legal skills training for legal professionals, teachers and students.

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IBA Human Rights Institute  2009 Annual Report

Freedom of expression

Cebu Conference

In 2009 the IBAHRI has expanded its work into the area of freedom of expression, a fundamental human right vital to upholding accountability and democratic processes within any society. Despite the advance of technology opening up channels for communication, many states continue to limit, censor, detain and intimidate members of the press, whilst media lawyers are often left without the training, resources and tools needed to defend their clients.

The IBAHRI attended the 2nd South East Asia Media Defense Litigation Conference in Cebu City, Philippines, organised by the Center for International Law, the Southeast Asian Press Alliance (SEAPA) and the Konrad Adenauer Stiftung (KAS). The conference, attended by over 100 lawyers, advocates, and academics, gave delegates from South East Asia the opportunity to share their experiences on legal threats to freedom of speech and of the press and to formulate new legal strategies responsive to the current situations in their respective countries.

Launch of innovative media law and freedom of expression website The IBAHRI launched its new Media Law and Freedom of Expression website in January, in conjunction with the IBA’s Media Law Committee and with funding from the Open Society Initiative (OSI). The website acts as a forum for information sharing, capacity building and networking for media lawyers all over the world. It provides details of and links to local and global organisations working in the sector. Members have access to a wide range of linked sites and resources, including country summaries of national and international guarantees for freedom of expression, media law cases of particular interest and the latest global media law and freedom of expression news. Individuals and organisations are also encouraged to contribute their own resources, and to promote upcoming events and news items. To become a member of the Media Law and Freedom of Expression website, visit http://www.probono.net/ medialaw.

IBA Human Rights Institute  2009 Annual Report

The IBAHRI contributed to the conference by advising on techniques for trial observations and on how to set up media law legal databases and websites. This generated interest and enthusiasm amongst the delegates for networking and sharing information on media law at a time when the notion of freedom of expression is changing and is being challenged by the creation of new media.

Interventions The IBAHRI makes representations to governments worldwide where there are concerns that lawyers’ associations or persons involved in the operation of legal systems have been threatened, detained or abused, calling for compliance with domestic, regional and international standards wherever such concerns are raised. Intervention letters have also been issued outlining concern for regressive changes in legislation. Letters to authorities are issued rapidly after a referral is received, in order to meet the urgency of the case. Where possible, progress is monitored through the national bar association, concerned individuals or through media and web-based research.

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Chapter 4 International justice International Criminal Court Monitoring and Outreach Programme

The Monitoring Programme continued to closely follow and report on key developments in relation to events at the Court. On 9 June 2009, the sixth IBA/ ICC monitoring report, entitled First Challenges: As the first permanent treaty-based court established to An assessment of landmark developments at the investigate and prosecute crimes against humanity, war International Criminal Court, was launched during a crimes and genocide, the International Criminal Court ceremony at the South African embassy in The Hague. (ICC) has a mandate to end impunity for the most serious The report examined the case of Thomas Lubanga, the crimes of international concern, and to guarantee lasting arrest warrant against President Al-Bashir and the case respect for the enforcement of international justice. The against Jean-Pierre Bemba, the ICC’s first case from Court operates under the principle of complementarity, the Central African Republic. The event was hosted meaning that the Court may only intervene where a by the South African Ambassador, His Excellency Peter State Party is ‘unwilling or unable to act and primary Goosen. Former ICC President Judge Philippe Kirsch responsibility for investigations and prosecutions lies with and IBAHRI Co-Chair Justice Richard Goldstone gave individual states’. the keynote addresses, which were well received by over 70 high-level guests. The IBA’s Monitoring and Outreach Programme, funded by the John D and Catherine T MacArthur On 20 November 2009, the seventh IBA/ICC Foundation, is based at the Peace Palace in The Monitoring report, entitled Sustaining the International Hague and works with the legal community to Criminal Court: Issues for consideration at the 2010 further understanding of the ICC within the broader Review Conference and beyond, was launched during landscape of international justice. In keeping with a reception at the World Forum Conference Centre, the programme mandate, the IBA lawyers focus in the venue of the Assembly of States Parties. The report particular on fair trial issues at the ICC as well as the examines some of the challenges facing the ICC as interface between the Rome Statute and domestic preparations advance for the 2010 Review Conference legislation. The programme takes a holistic and in Kampala, Uganda, noting that the IBAHRI views the integrated strategy to achieve its goals, and has Conference as an important opportunity for States become a valued resource for court officials, civil Parties to reiterate their commitment to the Court. The society and international lawyers. report highlights a number of components critical to sustaining the Court and ensuring its long-term success: robust governance and internal coordination, the Monitoring the progress of the Court cooperation of States Parties, and effective and efficient 2009 proved to be a very active year for the ICC, with judicial proceedings. A press release was subsequently the commencement of its first trial and issuing of an issued in which the IBAHRI urged States Parties to take arrest warrant for Sudanese President Omar Al-Bashir, a the lead in strengthening and sustaining the ICC. sitting head of state.

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IBA Human Rights Institute  2009 Annual Report

In addition to the monitoring reports, the programme published an e-magazine, the Equality of Arms Review (EQ) on ICC-related issues, designed to spark discussion and encourage the global legal community to engage with the Court. A special Africa edition of EQ was published in March 2009, highlighting the debate on the ICC’s role in Africa. The July edition featured articles from several important contributors including Justice Richard Goldstone, Ugandan Ambassador Mirjam Blaak and Convenor of the Coalition for the ICC, William Pace.

Outreach: increasing global lawyers’ awareness of the ICC An informed global legal profession is crucial to the effective work of the Court. Lawyers are the main actors in international criminal justice and as such represent an invaluable pool of expertise. Throughout 2009, the IBA ICC Programme worked in partnership with bar associations, lawyers and civil society organisations to disseminate information and promote debate on the ICC in different jurisdictions across the globe. Particular attention is paid to the issue of implementing legislation and publicity of ICC proceedings.

The International Criminal Court: prospects for international justice in Mozambique Delegates unanimously called for Mozambique to ratify the Rome Statute at a conference in Maputo organised by the IBAHRI, the Mozambican Bar Association and the Institute for Security Studies in June. The two-day event on ‘The International Criminal Court: Prospects for international criminal justice in Mozambique’ brought together 120 senior lawyers, judges and representatives of civil society to discuss advantages and disadvantages of ratification of the Rome Statute establishing the International Criminal Court (ICC). The conference opened with remarks by the President of the Mozambican Bar, Gilberto Correia, who stated: ‘Nine years is enough time to study the Rome Statute, and Mozambique, as a democratic country should join the other SADC countries that have already ratified the Statute.’ The conference, which concluded with a call for the Mozambican Bar Association to continue working with civil society to keep the issue on the government’s agenda, demonstrated the commitment of the Mozambican lawyers to international justice and the work of the ICC. Dr Mondlane, President of the Constitutional Court of Mozambique, remarked that, ‘Throughout history men have committed horrible and unimaginable crimes which made one doubt the human nature of men. The Rome Statute represents a significant step forward in the transformation of a culture of impunity into a culture of accountability and above all respect of human life.’

IBA Human Rights Institute  2009 Annual Report

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International Criminal Court workshop in South Africa

Mr Gilberto Correia, President of the Mozambique Bar Association, and Mr Mabvuto Hara, President of SADC Lawyers’ Association, visited the International The IBA ICC Programme hosted two seminars in Criminal Tribunal for the former Yugoslavia and the Johannesburg and Cape Town entitled ‘Bringing the Peace Palace, and met with the secretariat of Coalition International Criminal Court to South African legal for the International Criminal Court and ICC highprofessionals’, in collaboration with the Law Society level officials including the ICC President, Registrar and the General Council of the Bar of South Africa. and Deputy Prosecutor. The meetings provided a The sessions were based on issues related to the ICC unique opportunity for the two bar leaders to learn and international justice, and each was attended by about the structure and the mandate of the Court as over 50 participants from a range of backgrounds. well as discussing strategies towards ratification and Presentations were made by high level speakers from implementation of the Rome Statute in Mozambique the Southern African region, as well as the ICC’s Deputy and other SADC countries. The meetings yielded Prosecutor Fatou Bensouda. The presentations triggered positive discussions that demonstrated the strong a debate between the panellists and the audience, mutual willingness of the ICC officials and the discussing issues such as accountability in Zimbabwe, bar leaders to engage with one another to dispel the role of regional courts, politicisation of international misinformation about the Court. proceedings and the role of the United Nations Security Council, among others.

ICTY Fellowship Programme

Study tour to The Hague ICC President Sang-Hyun Song, speaking in April 2009, stated that the ICC ‘must work to disseminate accurate information about the Court’s mandate and its judicial independence. Ignorance is our greatest enemy.’ In response to this need, an initiative aimed at making international justice tangible, while deepening lawyers’ understanding of international tribunals based in The Hague, was organised. With the support of OSISA, the IBA ICC Programme arranged a study tour to The Hague for two prominent lawyers from the Southern African Development Community (SADC) in September.

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For the past five years, the IBAHRI has sponsored four fellows to work full time for one year at the International Criminal Tribunal for the former Yugoslavia (ICTY) in The Hague, with support from the Karl Popper Foundation. The fellows assist the judges and staff of the Appeals Chamber in research and drafting for cases pending on the Appeals Chambers docket. They work under the supervision of the President of the ICTY and senior legal officers of the Appeals Chamber. Four more fellows will be recruited for the period mid-2010 to mid-2011.

IBA Human Rights Institute  2009 Annual Report

‘The IBA Fellowship has provided a fascinating opportunity to both learn from and contribute to a complex international appeal. I am especially delighted at the open and challenging nature of discussions with colleagues. In addition to having been given significant responsibility for complex legal analysis, I have also benefited, in a wider sense, from the opportunity to experience, up close, the realities of an international institution in practice.’ Paul Clark, ICTY fellow, 2009-2010 ‘The work in Chambers at the ICTY is incredibly interesting, due to the complexity and nature of the cases we are dealing with. I had the chance to join the Chamber to work on a case that was preparing to move from the pre-trial to the trial phase, thus allowing me to acquire a very broad understanding about international procedural law on these two different stages of the proceedings.’ Patricia Delis Gomez, ICTY fellow 2009-2010 ‘This experience enables me to understand the procedural, legal and political challenges faced by the ICTY, from a Chambers’ perspective. On a personal level, I have benefited from an outstanding supervision: I am involved in a team whose main concern is to share its level of competency, while giving me growing responsibilities.’ Alia El-Khatib, ICTY fellow 2009-2010

IBA Human Rights Institute  2009 Annual Report

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Task Force on International Terrorism

Members of the Task Force

The events of 11 September 2001 set governments and international law-making bodies a number of complex and novel legal challenges in responding to global terrorism whilst protecting people’s fundamental rights and freedoms. The threat of terrorism remains as potent as ever with large-scale attacks taking place in major cities around the world including London, Madrid and Mumbai; in 2009 alone continued terrorist attacks took place in India, Spain, Sri Lanka, Pakistan and Nepal, to name but a few instances.

Justice Richard Goldstone (Chair)

In attempting to strike the balance between national security and fundamental rights, the policies of governments in response to this threat have often been controversial. The invasion of Iraq, the detention centre at Guantanamo Bay, extraordinary rendition, the increase of police and surveillance powers, and restrictions on free speech and association have all generated strong and vocal public opinion. In response to this, the IBAHRI set up a Task Force on International Terrorism in order to address these issues. The Task Force comprises eminent jurists, global experts in their fields, who are analysing the considerable developments in international law and practice relating to international terrorism and counter-terrorism. The Task Force will provide analysis and recommendations for policy makers and practitioners working in the field of counterterrorism, in a forthcoming book entitled Terrorism and Counter-Terrorism: Accountability, Remedies and Reform, which will be published by Oxford University Press in 2010.

Head of UN Fact-Finding Mission on the Gaza Conflict; former judge of the Constitutional Court of South Africa; former Chief Prosecutor of the International War Crimes Tribunals for Rwanda and Bosnia; visiting professor at Harvard, NYU and Fordham Universities; Co-Chair of the IBA Human Rights Institute. His Honour Professor Judge Eugene Cotran The first person of Arab background to be appointed High Court Judge in the UK, former judge of the High Court of Kenya, visiting professor of law and chairman of the Centre of Middle Eastern and Islamic law at the School of Oriental and African Studies, London. Ms Julia A Hall Human rights lawyer and scholar of the human rights implications of counter-terrorism measures in Europe. Previously researcher in terrorism for Amnesty International, Senior Counsel in the Terrorism and Counterterrorism Program at Human Rights Watch and author of research and reports documenting the transfer of alleged terrorists and national security suspects. Mr Juan E Mendez President of the International Centre for Transitional Justice (ICTJ). Former president of the Inter-American Commission on Human Rights and director of the InterAmerican Institute on Human Rights. Visiting professor of international human rights and international humanitarian law at Notre Dame University. Professor Javaid Rehman Professor of Law and Deputy Head of Brunel Law School, expert on Islamic law, international human rights law and international terrorism, author of ‘International Terrorism and Islam’.

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IBA Human Rights Institute  2009 Annual Report

Mr Gijs de Vries Former EU Counter-Terrorism Coordinator 2004 – 2007, former Deputy Interior Minister of the Netherlands, Chairman of the EU Integration Programme, Center for European Policy Studies, Cofounder of the European Council on Foreign Relations, Member of the Advisory Council of the Center on Global Counter-Terrorism Cooperation. Currently member of the Board, Netherlands Court of Audit. Ms Elizabeth Stubbins Bates, Rapporteur David Davies of Llandinam Research Fellow, London School of Economics and Political Science, former Legal Advisor at Amnesty International and consultant to the Program on Humanitarian Policy and Conflict Research, Harvard University.

This news comes as the IBAHRI’s campaign against the death penalty gathers momentum in its second year of operation. In 2009 letters have been sent to nearly 30 countries regarding specific incidences of death sentences being imposed, and the position of countries towards the death penalty generally. Russia’s decision in favour of a moratorium feeds into a growing international trend against the death penalty, with 140 countries now considered abolitionist either in law or practice. In the United States, the number of annual executions has declined steadily since a record high in 1999, as has US public support for capital punishment. The IBAHRI continues its campaign for global abolition.

The Southern Africa Litigation Centre

Death penalty

The Southern Africa Litigation Centre (SALC) is a joint initiative of the IBAHRI and the Open Society Following the Resolution on the Abolition of the Initiative for Southern Africa (OSISA). It was opened Death Penalty passed by the Council of the IBAHRI on in Johannesburg, South Africa on 20 June 2005 and 15 May 2008, which called for an end to the death was the first organisation in the region dedicated to penalty worldwide, the IBAHRI has been committed the training and support of lawyers litigating human to promoting the abolition of the death penalty and rights and rule of law issues. The SALC provides urging all states to take steps towards imposing an ongoing expert support, resources and training to immediate moratorium. lawyers taking cases that advance human rights, the rule of law, public interest and constitutional issues in To this end, the IBAHRI sends intervention letters to governments and authoritative bodies, calling on them Southern Africa. It was also supported by DLA Piper Rudnick Gray Cary, one of the three largest law firms to take steps towards complete abolition. The letters in the world. also highlight cases in which the implementation of the death penalty fails to meet international standards. In addition to advocacy support, SALC also In November 2009, Russia announced a permanent moratorium on the death penalty, declaring that Russia’s international obligations render death sentences impossible. This news was welcomed by the IBAHRI, who in turn called on Russia to fully abolish the death penalty and impose a legal as well as factual moratorium on all executions.

IBA Human Rights Institute  2009 Annual Report

runs programmes focusing on media freedom, HIV/AIDS and the law. More information can be found on the SALC website at www.southernafricalitigationcentre.org.

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Chapter 5 Raising the profile of human rights

T

he IBAHRI strives to raise the profile of human rights throughout the world. A number of media and communications strategies are employed to fulfil and disseminate our message to the public, the media and the international legal community, including public events, newsletters, news releases and reports. For more details and downloads of all our press releases and publications, visit the Media and Publications page of the IBAHRI website: www.ibanet.org/IBAHRI.aspx.

IBAHRI Events 2009 The IBA Annual Conference 2009 in Madrid The IBAHRI’s sessions at the IBA Annual Conference in Madrid in October demonstrated the breadth of work undertaken in a global forum, and the level of interest it generated highlighted the relevance of human rights issues to international law. The IBAHRI held several successful sessions, the showcase being ‘International terrorism and the European response – seeking protection of fundamental rights in the fight against terrorism’, which was chaired by Justice Richard Goldstone, Co-Chair of the IBAHRI Council, and Tomasz Wardynski CBE. The panel of leading experts discussed the new category of cases that have recently emerged before EU courts, pitting the need to contain the terrorist threat against respect for substantive and procedural human rights.

solicitor Mark Stephens, considered cases from around the world to examine the interplay between online blogs and democracy in the context of freedom of expression as a human right. At the session entitled, ‘Responsibility to protect: emerging international norm or mirage?’, discussion focused on controversies surrounding the new international security and human rights norm of the responsibility to protect. The panel, which consisted of Juan Mendez, Thelma Ekiyor and Jared Genser, considered what lawyers can do to help this emerging international norm achieve its full potential and ensure it does not become simply a mirage for victims across the world.

A session on ‘Internet blogging, state responses and free expression’ explored the challenges faced in balancing the right to freedom of expression as sought online with other legal principles such as defamation, sedition, contempt of court and censorship. The panel, which included Justice Michael Kirby and leading UK 30

IBA Human Rights Institute  2009 Annual Report

IBA ICC sessions The IBA ICC programme held three further sessions, the first of which was ‘Peace Versus Justice – a discussion on international justice in Africa’. ‘The signing of a piece of paper never really achieves peace,’ said ICC judge Akua Kuenyehia at the session, which was run jointly with the African Forum of the IBA and the Open Society Initiative for Southern Africa (OSISA). She added: ‘It can only be achieved by creating structures that promote and allow it, and address the underlying issues of the conflict.’ As one of the five African judges appointed to the ICC, Kuenyehia spoke from a unique perspective on international justice in Africa. The panel of prominent African lawyers offered their views of the issue: the exposure of the African continent to international justice generated a debate on the validity of international justice mechanisms in the African context. The panel reflected on African responses to and perspectives of international justice and universal jurisdiction, as well as on alternative accountability mechanisms available on the continent and the role of lawyers in this respect. Mabvuto Hara, President of SADC Lawyers Association, urged African lawyers to embrace dialogue with the ICC, arguing that, ‘From the inside lawyers can influence the system, and take the expertise that they learn back to their own jurisdiction.’

The final session, entitled ‘Children as a weapon of war – the evolution of international law on child soldiers and the first case before the International Criminal Court’, was a platform for discussion of the evolution of the jurisprudence and definition of the war crime of conscripting and enlisting children to participate in hostilities. The session occurred in the shadow of the trial of Thomas Lubanga Dyilo, the first person to be surrendered to the ICC, charged with conscripting and enlisting children to participate in hostilities in the Democratic Republic of Congo. This historic trial before the ICC has sparked discussion on the role of child witnesses and the question of how best to help children testify. Nina Jørgensen, Senior Appeals Counsel at the Special Court of Sierra Leone, recalled landmark cases on child recruitment before the Special Court, and the challenges of prosecuting them. Cecile Aptel, head of the children programme at the International Center for Transitional Justice, highlighted concern regarding the use of one charge to indict a suspected war criminal like Lubanga: ‘If the charges are perceived as just a way to get Lubanga, people may not realise how serious the crime is and this will limit the ability of the ICC to change perceptions about the use of child soldiers.’ The next IBA Annual Conference will be held in Vancouver, Canada, from 3-8 October 2010.

IBA Human Rights Institute  2009 Annual Report

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Rule of law in Sri Lanka Following its mission to investigate threats to the rule of law and the independence of the legal profession in Sri Lanka, the IBAHRI hosted a high-level debate on these issues in London on 25 June. Two eminent Sri Lankan lawyers – Rohan Edrisinha, Director of Sri Lanka’s Centre for Policy Alternatives and JC Weliamuna, a Sri Lankan Supreme Court Advocate and Director of Transparency International Sri Lanka – provided unique insight into the fraught issues facing the country as it attempts to rebuild trust in the judiciary following the resolution of a bloody 25-year conflict. ‘Sri Lanka is experiencing a crisis with regard to the rule of law never witnessed in the country before,’ said Mr Edrisinha. ‘We have a lack of confidence in and respect for democratic institutions that we’ve probably never had in post-independence Sri Lanka’. Advocate Weliamuna is one of very few Sri Lankan lawyers to undertake human rights cases and represent suspected terrorists. He has experienced at first hand the difficulties of operating in such an environment. ‘There were threats against lawyers appearing in sensitive cases… human rights cases and sometimes corruption cases,’ he said. ‘One lawyer’s chambers were burned. My house was attacked. It was not only the lawyers that were attacked, but they were one of the groups including the media and civil society.’ The seminar was also addressed by Lord Goodhart, who led the IBAHRI mission and who expressed strong views on the role that the Sri Lankan Bar has played to date. ‘We were concerned by the rather limited action of the Bar Association in defending the rule of law,’ he said. ‘It appears to be too politicised and too reluctant to criticise the government. We believe that the Bar Association needs to be more proactive and more prepared to speak out much more strongly in defence of the rule of law and human rights.’

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IBA Human Rights Institute  2009 Annual Report

The IBAHRI continued its advocacy on the need for Newsletters justice sector reform in Sri Lanka co-hosting two side panel events with Amnesty International and the Legalbrief Africa Centre for the Rehabilitation of Victims of Torture at the UN Human Rights Council in Geneva. Business and Legalbrief Africa is a free IBA-sponsored electronic human rights in the Democratic Republic of Congo news diary that delivers a succinct weekly wrap-up of important African legal news to lawyers across Africa In September 2009 the IBA and International Legal and the rest of the world. This unique publication Assistance Consortium (ILAC) held an debate on ensures that African lawyers have easy access to business and human rights in the Democratic Republic news from across the continent as well as providing of Congo, following the release of the report, the international legal community with up-to-date Rebuilding courts and trust: An assessment of the information on issues affecting African lawyers. It can needs of the justice system in the Democratic Republic be accessed at: www.legalbrief.co.za. of Congo, in August 2009. The debate explored the links between the exploitation of natural resources, incidences of sexual violence, and the needs and failings of the justice system. Chaired by IBA Human Rights Institute Programme Lawyer Marie-Pierre Olivier, the panel consisted of Christian Åhlund, Executive Director of ILAC, Lawrence Cockcroft, Board Member at Transparency International UK, Patricia Feeney, Executive Director of Rights and Accountability in Development and Anneke Van Woudenberg, Senior Researcher at Human Rights Watch. With more than 80 participants from NGOs, governments and private firms, the evening explored some difficult and poignant questions focused on the troubled country.

IBAHRI eNews IBAHRI eNews is a quarterly newsletter which is distributed electronically to all members of the IBAHRI. The newsletter provides a digest of activities undertaken by the Institute. It acts as a forum to profile forthcoming projects and commentary on areas of concern and issues of relevance to the international legal community. It is accessible at: www.ibanet.org/ Human_Rights_Institute/HRI_Publications/Enews/ HRINews_Archive.aspx.

Equality of Arms Review (EQ) EQ: Equality of Arms Review celebrated its first birthday in the Autumn of 2009. This e-magazine informs lawyers about the ICC’s work through a compilation of concise, thought-provoking articles on important developments at the Court. Subscriptions are free and details are available on our website: www.ibanet.org/Human_Rights_Institute/ICC_ Outreach_Monitoring/EQ_Magazine.aspx.

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Websites Up-to-date information on IBAHRI activities, events and progress can be found on the IBAHRI pages of the IBA website: www.ibanet.org/IBAHRI.aspx. In addition, the IBAHRI manages other sites with specific functions raising the international profile of human rights.

Rule of law directory www.roldirectory.org The International Rule of Law Directory website provides users with links to organisations offering assistance to the rule of law. It is the first centralised, fully searchable, online database of entities engaged in rule of law work throughout the world and acts as an invaluable tool for anyone establishing and implementing rule of law programmes. It provides a brief description of the work undertaken and contact details of these organisations, including internet links and other information and resources.

Fact-finding guidelines http://www.factfindingguidelines.org This site provides access to the International Human Rights Fact-Finding Guidelines produced by the IBAHRI and Raoul Wallenberg Institute, which were launched on 1 June 2009. In addition, the website offers information on the rationale behind the guidelines, their formulation, and the individuals and organisations who have endorsed them. Links to other resources of human rights fact-finding are being constructed.

Dissemination of human rights news The IBAHRI undertakes media campaigns to highlight issues of international concern. Targeted media and advocacy campaigns are designed to galvanise support to lobby for change and have successfully raised the profile of judicial crises and issues affecting human rights and the rule of law across the globe.

Media law and freedom of expression www.probono.net/medialaw Launched in January 2009, the Media Law and Freedom of Expression website was set up by the IBA’s Media Law Committee and the IBAHRI to encourage information sharing among media lawyers throughout the world. This will create a strong global network to allow media lawyers to support and learn from each other’s experiences. The site provides up-to-date news relating to freedom of expression issues, access to relevant and contemporary resources and information on upcoming events.

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IBA Human Rights Institute  2009 Annual Report

IBA Human Rights Institute  2009 Annual Report

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Our work in the headlines Fiji police search two media groups

War crimes convictions after Gaza?

The military regime was slammed in a report released this month by the International Bar Association’s Human Rights Institute which highlighted concerns about political efforts to influence journalists, judges and lawyers.

There is a world of difference between establishing that war crimes have been committed, and then holding those responsible to account, says Mark S Ellis, the executive director of the International Bar Association (IBA). Al-Jazeera, 22 January 2009

The Australian, 11 March 2009

War crimes judges suspend testimony of rattled ex-child soldier in case of Congo warlord “While I would say it is a less than desirable start to the first trial it is also a very stark reminder of the issues we are dealing with here,” said Lorraine Smith, who is monitoring proceedings for the International Bar Association. Star Tribune, 29 January 2009 Bar report absolves judges in 1988 judicial crises A six-member panel of Eminent Persons was constituted in August last year to study, investigate, review and report on the event after the Malaysian Bar, the International Bar Association, LAWASIA and Transparency InternationalMalaysia formed a jointcommittee to undertake a review of the judicial crisis. The Malaysian Insider, 29 August 2009

IBA launches media law and freedom of expression website to assist lawyers globally The International Bar Association’s (IBA) Media Law Committee together with the IBA’s Human Rights Institute (IBAHRI) have today launched a valuable new website targeted at legal professionals and organisations across the globe that work to defend freedom of expression. Human Rights Tribune, 21 January 2009

Kenya: Raila Accuses Judges of Fighting Reforms Mr Odinga told legal experts from the International Bar Association that several attempts to reform the sector had hit a brick wall. AllAfrica.com, 6 October 2009

Looking back, looking ahead: Press Freedom in Southeast Asia OB markers are often invoked on the strength of Singapore’s laws on national security, official secrets, and social harmony (none of which have actually been changed by the Prime Minister’s pronouncements), and a judicial system that the International Bar Association in 2008 denounced as politicized and partial when it comes to speech crimes brought to court by political leaders. South East Asian Press Alliance, 20 January 2009

Tsvangirai urges West to reward unity govt Tsvangirai, who last week received two international human rights and democracy awards from the International Bar Association and the Spanish foundation, Cristóbal Gabarrón, said the accolades were a recognition of Zimbabweans’ fight for a just and democratic society. ZimOnline, 13 October 2009

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IBA Human Rights Institute  2009 Annual Report

Goldsmith critical of Guantanamo policy At the International Bar Association conference in Madrid, Lord Goldsmith told The Independent: “The UK should offer to take more of those detainees...” The Independent, 8 October 2009 Lubanga trial: Is an army of child soldiers a war crime? Legal experts note that international justice is evolving. Rape was added as a war crime in the 1990s. Now, with the addition of child soldiers, the law has been refined further. The problem has captured the public imagination, helping to bring it before the court, according to analysts at the International Bar Association (IBA) meeting in Madrid this week. Christian Science Monitor, 10 October 2009

Warlord ‘press-ganged children’ in Congo

Lawyers put Sri Lanka in the dock

The trial is the first since the ICC was founded in 2002 as the world’s first permanent court to prosecute war crimes, crimes against humanity and genocide. It has been hailed by human rights groups and the International Bar Association as a landmark in developing international law…

After a fact finding mission earlier this year, the International Bar Association’s Human Rights Institute (IBAHRI) expressed serious concern over the threats to the justice system, legal profession and the state of media in Sri Lanka.

The Guardian, 27 January 2009

Sri Lanka’s dangerous silence The International Bar Association’s Human Rights Institute, expressed serious concern over the threats to the justice system, stating “naming individual lawyers representing terrorist suspects is wholly irresponsible and leaves them open to an increased risk of attack”.

BBC News, 1 July 2009

The Guardian, 20 July 2009

Justice Richard Goldstone Receives MacArthur Award for International Justice The John D. and Catherine T. MacArthur Foundation has announced Justice Richard Goldstone, former chief prosecutor of the United Nations international criminal tribunals for Rwanda and the former Yugoslavia, as the winner of the 2009 MacArthur Award for International Justice. Philanthropy News Digest, 28 May 2009

Report calls for Mugabe to be charged “The legal basis for holding Mugabe accountable is straightforward,” said Mark Ellis, executive director of the International Bar Association. He said the UN Security Council should immediately authorize the ICC to investigate Mugabe and serious crimes committed in Zimbabwe. The Zimbabwean, 25 Feb 2009

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Chapter 6 Publications

T • • •

• • •

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• The Quest for a Public Face: the public debate on the International Criminal Court and its efforts to develop a vision and coherent strategy on external communications • Rebuilding courts and trust: An assessment of Dire Straits: A report on the rule of law in Fiji the needs of the justice system in the Democratic EQ: Equality of Arms Review (March and July issues) Republic of Congo First Challenges: An examination of recent • Suppression of Terror Act Undermines Human landmark developments at the International Rights in Swaziland (Joint IBAHRI/Amnesty Criminal Court International Report). Guidelines on International Human Rights Fact• Sustaining the International Criminal Court: Issues Finding Visits and Reports for consideration at the 2010 Review Conference Justice in retreat: A report on the independence of and beyond the legal profession and the rule of law in Sri Lanka • Benchmarking Bar Associations A Long March to Justice: A report on judicial independence and integrity in Pakistan he multiple and varied projects that the IBAHRI have undertaken in 2009 is reflected in the publications produced throughout the year:

IBA Human Rights Institute  2009 Annual Report

A Long March to Justice: A report on judicial independence and integrity in Pakistan September 2009

An International Bar Association Human Rights Institute Report Supported by the Foundation Open Society Institute

This report has been compiled in accordance with the Lund-London Guidelines 2009 (www.factfindingguidelines.org)

IBA/ICC Monitoring and Outreach Programme

Rebuilding courts and trust: An assessment of the needs of the justice system in the Democratic Republic of Congo August 2009

An International Legal Assistance Consortium and International Bar Association Human Rights Institute Report

Sustaining the International Criminal Court: Issues for consideration at the 2010 Review Conference and beyond

November 2009

An International Bar Association Human Rights Institute Report Supported by the Open Society Initiative for Southern Africa and the Swedish Ministry for Foreign Affairs

IBA Human Rights Institute  2009 Annual Report

With the support of the John D and Catherine T MacArthur Foundation

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Chapter 7 Looking to the future: our work in 2010

T

he IBAHRI is constantly monitoring global, national and regional issues as they arise in order to develop effective, timely projects which meet circumstances as they arise. This is in addition to the continued development of ongoing and long-term programmes. A selection of the projects planned for 2010 are outlined below.

Capacity building Capacity building will continue to be a priority for the IBAHRI in 2010. Work with the Afghan Independent Bar Association will continue as it expands into the Afghan provinces, increasing its reach and strengthening its foundations. As well as offering continuing support to new and developing bars, the IBAHRI will be working to develop a bar association in Colombia following the scoping mission and groundwork done in 2009. In addition, the IBAHRI will embark on development projects in the Democratic Republic of Congo, in light of the 2009 fact-finding mission and report. Programmes are also being developed for Swaziland and Zambia.

International justice As part of the IBAHRI’s ongoing Monitoring and Outreach Programme at the International Criminal Court in The Hague, the IBAHRI will attend the ICC Review Conference in Kampala, which will mark ten years since the establishment of the Rome Statute, and run a roundtable event with experts in The Hague. The programme will continue to publish Monitoring and Outreach reports following key developments at the Court.

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The IBAHRI’s Task Force on International Terrorism will also publish their conclusions and recommendations for policy makers and practitioners working in the field of counter-terrorism in their book Terrorism and International Law: Accountability, Remedies and Reform (due to be published with OUP in 2010).

Sharing expertise and information The IBAHRI will continue to run parliamentary strengthening training for the Westminster Consortium in 2010. Building on the success of the training in Macedonia, the IBAHRI will travel to Georgia, Mozambique, Lebanon, Ukraine and Uganda to deliver similar sessions. For more information on the Westminster Consortium and the IBAHRI’s role in delivering parliamentary strengthening trainings, see Chapter 3. The training manual for judges, prosecutors and lawyers entitled Human Rights in the Administration of Justice, which was compiled by the IBAHRI and the United Nations High Commissioner for Human Rights, will be updated in 2010 to ensure it remains a relevant and up-to-date tool for human rights training. The manual, which seeks to familiarise participants with international human rights law and the decisions and views of international monitoring bodies, will also be translated into more languages including Spanish and Portuguese. It is currently available in English, Arabic, Russian and Japanese.

IBA Human Rights Institute  2009 Annual Report

The IBAHRI has been working on developing a training manual on International Criminal Law, which will be ready for use in 2010. Expanding on training sessions on international criminal law conducted by the IBAHRI in Cambodia, Iraq and Palestine, the manual will focus on the needs of judges, prosecutors and defence counsel to promote understanding of international crimes. Funded by the Open Society Institute (OSI), the manual will cover topics such as key concepts of international criminal law, elements and jurisprudence of international crimes, forms of participation and responsibility and prosecution before domestic courts. This comprehensive document will be used in future training programmes and will be extremely useful as a reference tool for lawyers and judges around the world. The IBAHRI will also support the ongoing constitution-making process in Zimbabwe. Through a grant from the Open Society Initiative for Southern Africa (OSISA), the IBAHRI will support Zimbabwe Lawyers for Human Rights (ZLHR) in the production of a series of factsheets on the various thematic areas of the constitution. ZLHR intends to produce simplified and accessible documents, which will provide the population with comprehensive information on the content of the current constitution and the constitutional drafts that have been put forward. The IBAHRI will also assist the Law Society of Zimbabwe in its participation in the constitution-making process. The IBAHRI will organise for a group of international constitutional experts to review and comment on the draft constitution to be produced by the Law Society of Zimbabwe.

IBA Human Rights Institute  2009 Annual Report

Fact-finding missions and reports The IBAHRI will continue to run fact-finding missions to countries around the globe where there has been a significant deterioration in the rule of law, or to assess potential for IBAHRI assistance in capacity building. Follow-up reports with recommendations will be published and made available to the public.

Sexual orientation and poverty The IBAHRI Council has, in principle, decided to include policies on sexual orientation and poverty in its list of activities. The details of these projects will be finalised in 2010.

Charitable status The IBAHRI Trust was given provisional charitable status in December 2009 by the UK Charities Commission. Work will continue in 2010 to finalise this.

Ongoing projects Our rapid response mechanism will allow us to send missions around the world in response to sudden changes, such as to a country’s legislation or constitution, that threaten human rights, the rule of law or the independence of the judiciary. The IBAHRI will also continue its campaign towards the abolition of the death penalty. In addition, the IBAHRI will continue to write ad hoc letters of intervention on human rights-related issues as they arise in 2010.

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Chapter 8 Governance About the International Bar Association

About the IBA’s Human Rights Institute

The International Bar Association (IBA), established in 1947, is the world’s leading organisation of international legal practitioners, bar associations and law societies. The IBA influences the development of international law reform and shapes the future of the legal profession throughout the world. It has a membership of more than 35,000 individual lawyers and 197 bar associations and law societies spanning all continents. It has considerable expertise in providing assistance to the global legal community.

The IBAHRI was established in 1995. It works across the IBA to promote, protect and enforce human rights under a just rule of law and to preserve the independence of the judiciary and the legal profession worldwide.

The IBA is governed by the Council of the Association and its President. The overall operation of the organisation falls under the management of the Executive Director, Mark Ellis, and the Management Board. The IBA’s administrative office is located in London, England. There are also regional offices in Dubai, Sao Paulo and The Hague.

The IBAHRI is headed by Director Fiona Paterson and Acting Director Phillip Tahmindjis during Ms Paterson’s maternity leave. The IBAHRI comprises eleven members of staff. The IBAHRI forms part of the IBA’s Public and Professional Interest Division (PPID) but remains autonomous and financially independent, subject only to the overall supervision of the IBA President and the IBA Management Board. The IBAHRI is governed by a set of by-laws which apply to the activities, procedures and appointment of its officers. As a membership organisation, the IBAHRI has a Council directed by its Co-Chairs: Justice Richard Goldstone, former Justice of the Constitutional Court of South Africa and former Prosecutor of the International Criminal Tribunals for Rwanda and Yugoslavia; and Martin Solc, former Chair of the IBA’s Public and Professional Interest Division. Other Council members include Hans Corell, former head of the UN Office of Legal Affairs; Justice Michael Kirby, Justice of the High Court of Australia and Past President of the International Commission of Jurists; and Carlos Ayala, president of the Andean Commission of Jurists and a former president of the Inter-American Commission on Human Rights.

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IBA Human Rights Institute  2009 Annual Report

Chapter 9 Revenue and expenditure

A

s a global organisation dedicated to the rule of law, the IBA’s Human Rights Institute has partnered with a number of international funding bodies. Without the support of these bodies the IBAHRI would be unable to fulfil its mandate and carry out its work. The IBAHRI would like to acknowledge generous financial support and assistance from the following bodies: DANIDA: Ministry of foreign affairs of Denmark DfID: UK Department for International Development FCO: British Foreign and Commonwealth Office FOSI: Foundation for the Open Society Initiative IBA Charitable Trust IBA Educational Trust IBA Eligible Fund IBA Foundation Inc IBA Public & Professional Interests Division ILAC: International Legal Assistance Consortium Institute for Strategic Studies South Africa John D and Catherine T MacArthur Foundation Karl Popper Foundation Law Society of England and Wales’ Charitable Trust Mayer Brown MLDI: Media Legal Defence Initiative OSISA: Open Society Initiative for Southern Africa OSI SE Asia: Open Society Initiative for Southeast Asia OSIWA: Open Society Initiative for West Africa Raoul Wallenberg Institute Shearman & Sterling LLP Simpson Thacher & Bartlett LLP Swedish Ministry of Foreign Affairs Transperfect

IBA Human Rights Institute  2009 Annual Report

The Open Society Institute and its affiliated bodies have provided major support from our very first grant in 2001 funding an investigation into threats to the independence of the judiciary in Zimbabwe to the present day. We would like to extend our particular gratitude to the OSI and its affiliated bodies, without whom our work over the years simply would not have been possible. Other extensive help has been provided by the John D and Catherine T MacArthur Foundation, the International Legal Assistance Consortium, the Swedish Ministry of Foreign Affairs and the British Foreign and Commonwealth Office. The IBAHRI would like to express thanks to the Madrid Host Committee at the IBA Annual Conference in Madrid for donating the proceeds of a flamenco performance by Sara Baras to the IBAHRI. In addition, the IBAHRI is grateful to law firms Shearman & Sterling LLP and Simpson Thacher & Bartlett LLP, who each provided the IBAHRI with a lawyer at no cost for a one-year placement. We would also like to extend our gratitude to all the judges, lawyers, prosecutors and academics who participated in the IBAHRI’s work, and shared their experiences and expertise with colleagues worldwide on a pro bono basis.

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Regional Expenditure Americas

Asia

Global

Africa

Europe

Middle East

Thematic Expenditure Judges and lawyers

International Justice

Access to justice

Media and advocacy

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IBA Human Rights Institute  2009 Annual Report

The IBAHRI would also like to acknowledge the continued support of its individual and group members, without whom we would not be able to maintain our current level of work. Particular thanks are extended to our life members, Mr Francis Neate, Dr Eckart Broedermann and Mr Achinike Godwin WilliamWobobo, whose generosity and commitment to human rights and the rule of law is invaluable.

How you could contribute

Please contact us for further details. IBAHRI International Bar Association 10th Floor, 1 Stephen Street London W1T 1AT, United Kingdom Tel: +44 (0)20 7691 6868 Fax: +44 (0)20 7691 6544 Website: www.ibanet.org Email: [email protected]

The Human Rights Institute receives frequent requests for assistance and would like to be able to provide support. With sufficient funding, we are ready and willing to respond.

Become a member Human Rights Institute Life Member £1000 Human Rights Institute 10th Anniversary Member £60 pa for 10 years Human Rights Institute Member £35 pa

Fund a project To fund a Rapid Response Mission £25,000 To fund a series of trial observations £40,000 Support of research publication £50,000 Support a country training programme £150,000 Development of a bar association £500,000 Permanent endowment for human rights lawyer £800,000

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IBAHRI Council 2009 Co-Chairs

IBAHRI Staff

Justice Richard Goldstone  South Africa

Mahmuda Ali  Programme Administrator

Martin Solc  Czech Republic

Claudia Sayago  Argentina

Mahmuda has coordinated rapid response missions to several countries including Zimbabwe, Pakistan, Russia, Bolivia, Uganda and Fiji. Mahmuda has managed high-profile trial observations in Zimbabwe, Japan and Thailand, trainings and workshops in Legal Aid and International Criminal Law in Iran and Cambodia and currently administers the IBAHRI’s ICC Monitoring and Outreach project supporting the IBA office in The Hague, assisting the coordination of IBA Outreach workshops on the ICC in situation countries. Mahmuda represents the IBA on the International Law Book Facility (ILBF) committee, a book charity initiative administered voluntarily in conjunction with several partner organisations such as LexisNexis, Clifford Chance and the Law Society of England and Wales and 3 Verulam Buildings. She holds a PGDip/CPE in law from London Guildhall and a Bachelor of Arts (Hons) in History from the University of London and has worked at the Medical Foundation for the Victims of Torture and Amnesty International, Oslo.

Justice Michael Kirby  Australia

Richard Atkin  Grant Accountant

Karen Mathis  USA

Richard currently enjoys UK part-qualified accountancy status and will be a fully qualified Certified Chartered Accountant upon completion of his final exams in December 2010. After receiving his Accounting Technician qualification (AAT) he joined the finance department of the International Bar Association and worked as an assistant to the Finance Director in the preparation of the Association’s statutory accounts. In June 2008 he accepted the role of IBAHRI Grant Accountant and works closely with the Human Rights department in accounting for grant expenditure, monitoring of project budgets, cost controls, and the production of final and interim reports for the Association’s grant funders.

Vice Chair Sternford Moyo  Zimbabwe

Secretary/Treasurer Gabrielle Williamson  Belgium

Council Hans Corell  Sweden Miguel de Avillez Pereira  Portugal Carlos Ayala-Corao  Venezuela Mark Stephens  England Moses Adriko  Uganda Mitsyuki Suga  Japan Anne Ramberg  Sweden

Phillip Jayeratnum  Singapore Nasser Amin  Egypt Emilio Cardenas  Argentina (ex-officio – immediate past chair)

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IBA Human Rights Institute  2009 Annual Report

Stephanie Case  Shearman & Sterling Fellow

Aurora Garcia  HRI Assistant

Stephanie is a New York-qualified attorney who joined the IBAHRI in August 2009 while on sabbatical from her corporate practice at Shearman & Sterling LLP in the United States. Stephanie has experience working on development and rule of law projects over the last ten years in South America, Africa and South-East Asia. She developed a particular interest in refugee work through her involvement with the UNHCR in Malaysia in 2008 and her pro bono asylum work in New York in 2009. At the IBAHRI, Stephanie works on projects mainly in Africa and South-East Asia and has participated in missions to Kenya, the Gambia, Sierra Leone and Liberia. She has managed trial observations in Kazakhstan and Malaysia, conducted trainings in China, and assisted the work of the War Crimes Committee. Stephanie has a BA (Hons) from Queen’s University in Canada and an LLB from the University of British Columbia, where she studied as a Wesbrook Scholar and a Blakes Scholar. She completed a judicial clerkship for the Hon Madam Justice Rowles at the British Columbia Court of Appeal from 2007-2008.

Aurora has a degree in Tourism from the University of Girona and a Masters in Secretarial Management from Secretaria Plus in Barcelona. She has worked in the tourism industry for four years and as a PA in a legal environment for the past five years. She moved to London from Barcelona in 2009 and joined the IBA in August 2009. Aurora assists in coordinating trial observations including Zimbabwe, Kazakhstan and Poland, rapid response missions, most recently in Kenya, and training programmes in Macedonia and China. She also provides support to IBAHRI Latin American programmes. More recently Aurora has supported visits to various bars in West Africa for a survey of West African Bar Associations.

IBA Human Rights Institute  2009 Annual Report

Liliana de Marco-Coenen  Head, IBA ICC Outreach Programme Liliana has been the Head of the Outreach component of the IBA/ ICC Monitoring and Outreach Programme in The Hague since August 2007. Liliana is a lawyer by training and holds an LLM in International Human Rights Law from the University of Essex in the UK. She worked as a Human Rights Specialist for UNDP Ethiopia and as a Rule of Law Officer for the DPKO Mission to Afghanistan (UNAMA) focusing on issues related to access to justice. Before joining the IBA in The Hague office she was the IBA representative in Afghanistan where she worked to establish the Independent Afghan Bar Association.

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Jenny Marsh  Simpson Thacher Fellow Jenny is a Simpson Thacher Fellow at the IBAHRI who joined in June 2009 on a public service fellowship. She joined after three years in corporate practice in the London offices of Simpson Thacher & Bartlett LLP, specialising in securities and mergers & acquisitions transactions for corporate and private equity clients. At the IBAHRI her responsibilities include freedom of expression project work, death penalty campaigning, capacity building for parliamentarians through the Westminster Consortium and monitoring ongoing trial observations. Jenny has a BA, magna cum laude, from Harvard University and a Juris Doctor from the University of Michigan, at which she was the Editor-inChief for the Michigan Journal of Gender & Law. Marie-Pierre Olivier  Programme Lawyer Marie-Pierre is a lawyer and member of the Quebec Bar. She started her practice at the Montreal law firm Bélanger Sauvé and then worked at BMO Financial Group first as a manager of the diversity and workplace equity programme and then as a human resources consultant. She also worked in Rwanda with local women’s rights NGOs. Before joining the IBAHRI as a Programme Lawyer in 2008, she completed an internship with the IBA ICC Monitoring and Outreach Programme in The Hague. At the IBAHRI, MariePierre has organised and participated in missions to the Democratic Republic of Congo, Cameroon, Nigeria, Ghana, Guinea-Bissau and Senegal. She is also currently responsible for the IBAHRI’s work in Zimbabwe. Marie-Pierre holds an LL.M. in International Human Rights Law from the National University of Ireland in Galway.

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Fiona Paterson  Director (on maternity leave from December 2009) Fiona holds a degree in Economic and Social History from the University of Bristol. After working at the Confederation of British Industries, she joined the IBA as Assistant to the Executive Director. On the official inauguration of the HRI in 1995, she was seconded to run it and was for the next four years the only full-time member of staff. She was appointed Director in 1999 with responsibility for the Institute’s development and oversight of its programmes and grant-funded projects. She herself has participated in several projects including in Angola, Cameroon, Iran, Nepal, Malawi and Zimbabwe, as well as representing the HRI at IBA events worldwide. Fiona has a Certificate in Human Rights from the International Institute of Human Rights in Strasbourg. Lorraine Smith  Programme Manager, IBA ICC Programme As ICC Monitor, Lorraine assesses the implementation of the Rome Statute, the Rules of Procedure and Evidence and related ICC documents in the context of relevant international standards. Findings from research and consultations are documented in reports that are widely circulated. She has had over 12 years’ experience as a senior prosecutor in Jamaica and was also a judge of the Magistrate’s Court in Jamaica for two years. She was nominated by the Chief Justice of Jamaica to sit on a panel of experts to conduct a comprehensive review and reform of the Jamaican Justice system. At the international level, Lorraine has acted as an independent trial observer for the IBA in Equatorial Guinea and was among a panel of experts at an IBA training workshop for judges and prosecutors in Ankara, Turkey. She holds a Bachelor of Law degree from the University of the West Indies and an LLM in International Human Rights Law from the University of Essex, UK. IBA Human Rights Institute  2009 Annual Report

Nell Stevens  Communications Administrator

Alex Wilks  Programme Lawyer

Nell graduated from the University of Warwick in English Literature and Creative Writing, and went on to study Arabic Language and Comparative Literature at Harvard University as a Frank Knox Memorial Fellow. Nell came to the IBAHRI in September 2009 from Oxford University Press. At the IBAHRI, Nell’s responsibilities include overseeing interventions and the IBAHRI’s campaign against the death penalty, the IBAHRI website, publications and e-newsletters.

Alex is a UK-qualified lawyer and has experience in domestic and international human rights litigation. He also worked as a parliamentary legal officer in the UK House of Lords advising on human rights issues and international law. Between 2007 and 2008 Alex was the IBA legal specialist in Afghanistan where he worked to establish Afghanistan’s first national bar association. At the IBAHRI, Alex covers Latin America, Sri Lanka, Afghanistan and Libya and manages the IBA Terrorism Task Force and parliamentary human rights training programmes. Alex speaks Spanish and French and has an LLM in International Human Rights Law from the University of Essex, UK.

Phillip Tahmindjis  Deputy Director (Acting Director from December 2009) Philip 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 a Professor of Human Rights for 25 years, 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 anti-discrimination 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 (Haworth Press, 2005) and the 2005 special issue of the International Journal of Discrimination and the Law devoted to comparative studies of sexual harassment laws. He was a Member of the Queensland Anti-Discrimination Tribunal for three years and is a trained mediator. Phillip has been the manager of the project to set up a bar association in Afghanistan since its inception. He has run fact-finding missions to Nepal, Pakistan, Jordan, Iraq, Libya, East Timor and Japan, and devised the HRI Fact-Finding Guidelines and the Rule of Law Directory. IBA Human Rights Institute  2009 Annual Report

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Interns in 2009 The IBAHRI is extremely grateful to all interns who participated in the internship programme in 2008, and would like to thank them for their valuable contribution in supporting the staff. Each intern was placed for three to six months, and worked on a range of research-based tasks. If you would like more information on the internship programme or would like to apply, please visit out website: www.ibanet.org/IBAHRI.

Thanks go to: Arvid Ahlund

Sergio Medina

Illari Aragon

Rhys Meggy

Magdalena Borowska

Tarini Mehta

Edwina Brown

John Nee

Andy Douberly

Vijaiya Poopalasingham

Cicek Ergonul

Joy Reddy

Diana Farcasiu

Katie Rivkin

Beatrice Hörig

Matt Sands

Catharina Hűbner

Jelia Sane

Katy Hull

Mattias Schain

Zoe Jacob

Ellen Shiels

Pardeep Jassal

Daniel Thompson

Jack McGee

In addition, the IBAHRI is grateful to the students of BPP Law School who worked with the IBAHRI on its death penalty project and on the translation of intervention letters.

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IBA Human Rights Institute  2009 Annual Report

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