IBAHRI Annual Review 2016 (IBAHRI-Annual-Review-2016.pdf)

International Bar Association’s Human Rights Institute

Annual Review 2016

‘The IBAHRI has assisted many in practical ways and has grown to provide inspiration of many kinds to lawyers around the world.’ Nicholas Cowdery, inaugural IBAHRI Co-Chair (1995–2000)

Contents Foreword

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About the IBAHRI

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Activities overview

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Highlights 2016

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Americas

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Asia Pacific

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Eastern-Europe and Central Asia

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MENA and Sub-Saharan Africa

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Thematic work

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Publications, events and media

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Looking ahead to 2017

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Governance

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Finance and donors

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Meet the team

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Glossary of terms

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Foreword Legal professionals gather for the inauguration of the Independent Lawyers’ Association of Myanmar (ILAM) © IBA 2016

Human rights have come under attack in 2016, both in real terms as well as in terms of the hostile rhetoric being used. At the same time, the independence of the legal profession is under threat in many countries. Often those who are responsible for protecting the rights of individuals, and who are brave enough to do so in the most dangerous environments, lack the necessary resources to carry out their work effectively. The International Bar Association’s Human Rights Institute (IBAHRI) continues to work throughout the world, assisting legal professionals in upholding their mandate to protect human rights, providing them with the tools to do so effectively, and speaking up for the profession wherever it comes under threat. In Tunisia, our ambitious three-year international criminal law and human rights law project has come to an end. As part of this project, the IBAHRI carried out torture-prevention training with a select number of Tunisian judges, and through our ‘training-of-trainers’ methodology, aimed to reach a critical mass of the country’s judiciary. Similarly, in the Americas we are undertaking essential and timely torture-prevention activities. In collaboration with a cross-section of legal professionals and civil society organisations in Mexico, we are producing a manual for carrying out investigations into torture and enforced disappearances using a context analysis methodology. In Brazil, where prison overcrowding is a prevalent problem, we have organised a number of high-profile seminars, workshops and training sessions on penal reform, criminal justice and torture prevention. In 2016, a historic election took place in the United States. Ahead of his inauguration, the IBAHRI wrote an open letter to President-Elect Donald Trump, reminding him of his responsibility as a leader in the protection of human rights, and outlined a number of actions that his administration should prioritise over the course of his presidential term. Another open letter was

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issued this year, to President Xi Jinping of the People’s Republic of China, calling on his government to immediately release all lawyers detained during the course of China’s ongoing persecution of legal professionals. The IBAHRI often speaks out when it sees that the independence of the legal profession and the protection of human rights are under threat. We have been particularly outspoken when such instances relate to our thematic areas. In May, the IBAHRI published Forced to Kill: The Mandatory Death Penalty and its Incompatibility with Fair Trial Standards. The report reviewed the use of the mandatory death penalty throughout the world, and called on all countries to suspend mandatory death penalty laws. Through our United Nations Programme, we have also produced a report focusing on how sexual orientation and gender identity rights can be promoted at the Universal Periodic Review (UPR) of the Human Rights Council. In addition, our report The role of the Universal Periodic Review in advancing human rights in the administration of justice explores the relevance of UPR recommendations for the legal profession, and how the profession can better contribute to the review process. The IBAHRI has also developed the IBA’s Task Force on the Enjoyment of Rights by Persons with Albinism, through which it hopes to reframe the way that albinism is understood within existing international legal frameworks. The United Nations Programme gives the IBAHRI a presence in Geneva to ensure that the legal profession is able to influence the ways in which the Human Rights Council operates. We host lawyers from countries across the world, which this year included Tajikistan and Swaziland, who learn how best to advocate through international human rights mechanisms in Geneva, such as the UPR, for the promotion of human rights in their countries.

International Bar Association’s Human Rights Institute Annual Review 2016

IBAHRI Co-Chairs Baroness Helena Kennedy QC and Ambassador (ret.) Hans Corell sit on a panel at the IBA Annual Conference in Washington, DC © IBA 2016

The work that we do at the UN is coordinated in conjunction with our in-country projects, where we work with the legal profession on a day-to-day basis. In Myanmar, we have facilitated the establishment of the first independent national bar association, and aided its development as the country works towards strengthening democracy and the rule of law. Similar results have been achieved in Timor-Leste, where we are bringing together Timorese and foreign lawyers for extensive consultations and workshops to assist them in constructing their national bar association in accordance with international standards. By strengthening the way in which lawyers are represented through their independent bar associations, we strengthen the legal profession as a whole. In Tajikistan and Kazakhstan, we have supported existing bar associations in working independently and in a representative manner. In Azerbaijan, we trained a new generation of lawyers in human rights law and international standards. This is why we do the work that we do. Human rights are something to be lived, experienced and enjoyed, but they are also enshrined in law. It is this law that gives legal professionals the mandate to protect and promote human rights. By working with legal professionals, the IBAHRI aims to provide the necessary tools and confidence to ensure that lawyers across the world will be at the forefront of protecting human rights. This is certainly what we will continue to work towards in 2017.

Baroness Helena Kennedy QC Baroness Helena Kennedy QC is one of Britain’s most distinguished lawyers. She has spent her professional life giving a voice to those who have least power within the legal system, championing civil liberties and promoting human rights. She has used many public platforms – including the House of Lords, to which she was elevated in 1997 – to argue with passion, wit and humanity for social justice. She has also written and broadcast on a wide range of issues, including medical negligence, terrorism and the rights of women and children.

Ambassador (ret.) Hans Corell Hans Corell has served as a legal advisor and diplomat on the international legal stage for many years. As UnderSecretary-General for Legal Affairs and the Legal Counsel of the United Nations from 1994 to 2004, Ambassador Corell represented the Secretary-General at the 1998 UN Conference that adopted the Rome Statute of the International Criminal Court. During his service he was involved in establishing the International Tribunal for Rwanda, the Special Court for Sierra Leone and the Extraordinary Chambers in the Courts of Cambodia for the trials of senior Khmer Rouge leaders. Since retiring, Hans continues to participate in the international legal sector, including as Co-Chair of the IBAHRI and other legal institutes, and as a legal advisor and lecturer.

Baroness Helena Kennedy QC Ambassador (ret.) Hans Corell Co-Chair Co-Chair


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About the IBAHRI About us The International Bar Association’s Human Rights Institute (IBAHRI), an autonomous and financially independent entity, works with the global community to promote and protect human rights, the rule of law and the independence of the legal profession worldwide.

What we do We provide human rights training and technical assistance for legal practitioners and institutions, building their capacity to effectively promote and protect human rights under a just rule of law. A leading institution in international fact-finding, we produce expert reports with key recommendations, delivering timely and reliable information on human rights and the legal profession. We support lawyers and judges who are arbitrarily harassed, intimidated or arrested, through advocacy and trial monitoring. A focus on pertinent human rights issues, including the abolition of the death penalty, poverty and sexual orientation, forms the basis of targeted capacity-building and advocacy projects.

Why we’re here Lawyers and judges play a fundamental role in facilitating access to justice, ensuring accountability of the state and upholding the rule of law. When the legal profession is not able to function independently or effectively, this gives rise to human rights violations, impunity and injustice. As part of the world’s leading organisation of international legal practitioners, bar associations and law societies, the IBAHRI is uniquely placed to build the capacities of the legal profession to promote and protect human rights, the rule of law and professional independence worldwide.

The IBAHRI film Our short film, accessible on the IBAHRI website, provides an introduction to the IBAHRI. Learn about the work of the IBAHRI and discover more about selected projects around the world, across all IBAHRI activity areas. Projects covered in the film include those in Afghanistan, Egypt, Tunisia, Myanmar and Venezuela, as well as the Task Force on Terrorism, and the Task Force on Illicit Financial Flows. To watch the film visit tinyurl.com/guxy72f

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United Nations Special Rapporteur on the Independence of Judges and Lawyers Monica Pinto speaks to a congregation of legal professionals in Belgrade © IBA 2016

Activities overview Capacity-building and technical assistance One of the most valuable tools for ensuring that lawyers maintain independence and exhibit integrity when representing clients is the creation of self-governing professional associations. The IBAHRI provides support and technical assistance to underresourced and newly-established bar associations and law societies worldwide. A vital element of this capacity-building is the placement of a legal specialist to work with the associations to strengthen internal operations, secure sustainable financing, ensure compliance with internationally recognised standards, provide training for staff and members, and to build links with international and regional organisations. In 2016, the Independent Lawyers’ Association of Myanmar (ILAM) was launched, and work continues for the development of a bar association in Timor-Leste.

Training for judges and lawyers Sharing expertise and skills across international boundaries is fundamental to strengthening the rule of law and supporting lawyers globally. The IBAHRI and the United Nations Office of the High Commissioner for Human Rights have collaborated on publishing a training manual, Human Rights in the Administration of Justice, which has been translated into four languages (Arabic, English, Portuguese and Spanish) and used in trainings across all continents. The IBAHRI has also produced training manuals and curricula on international criminal law, human rights and the role of parliaments, and torture prevention. In Brazil and Mexico, high-level training has taken place with a wide range of legal professionals on international law and torture prevention.

Fact-finding The IBAHRI undertakes fact-finding missions to countries where there is a threat to, or deterioration of, the rule of law, human rights and the independence of the legal profession. Mission reports detailing findings and recommendations are widely distributed to UN bodies, international organisations and other in-country, regional and international stakeholders. Mission findings help to direct the long-term work of the IBAHRI through the development of targeted country initiatives.

Advocacy By making public statements, sending intervention letters, submitting amicus curiae briefs and through its United Nations Programme, the IBAHRI advocates for lawyers and judges who are arbitrarily harassed, intimidated or arrested as a result of carrying out their professional duties. The IBAHRI will intervene

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when it feels that human rights or the rule of law are under threat, and also undertakes advocacy in its thematic areas at the UN in Geneva. The IBAHRI issued open letters to President Xi Jinping of China, calling on him to immediately release all lawyers who have been detained in China’s ongoing persecution of legal professionals, and to President Donald Trump of the United States, reminded him of his responsibility to protect and uphold human rights.

Trial observation The IBAHRI sends impartial, international observers to attend hearings relating to the independence of the legal profession or serious violations of human rights. The practice of sending trial observers aims to ensure the right to a fair trial through an examination of, and reporting on, the court’s processes to encourage the impartial administration of justice and the proper functioning of the court. This principle is established in several international and human rights instruments, such as Article 14 of the International Covenant on Civil and Political Rights. The IBAHRI continues to be the only international observer at the trial of Judge Maria Lourdes Afiuni in Venezuela.

Enjoyment of rights by persons with albinism Albinism is a genetically-inherited, non-contagious condition, yet persons with albinism are often the target of human rights violations, marginalisation, inhuman and degrading treatment, and discrimination. In 2016, the IBAHRI convened the IBA Task Force on the Enjoyment of Rights by Persons with Albinism, to support the work of the Independent Expert on the Enjoyment of Human Rights by Persons with Albinism and carry out UN research on the promotion and protection of these rights. As a result of the Task Force’s research, a report on its findings will be published in 2017.

Poverty and human rights In 2010, the IBAHRI Council passed a resolution adopting a policy to promote the recognition of severe, endemic and chronic poverty as a violation of human rights. The resolution commits the IBAHRI to promoting the importance of economic, social and cultural rights and the realisation that such rights are justiciable and an appropriate concern of the legal profession. In 2013, the IBAHRI published a task force report addressing tax abuses from the perspective of human rights law and policy. Based on extensive consultation from diverse perspectives, Tax Abuses, Poverty and Human Rights offers a unique insight into the way poverty and human rights breaches can be a result of tax abuses. International Bar Association’s Human Rights Institute Annual Review 2016

IBAHRI Director Dr Phillip Tahmindjis speaking at the launch of The role of the Universal Periodic Review in advancing human rights in the administration of justice © Manuel Pompeia Photography | http://pompeia.ch

Sexual orientation, gender identity and human rights In 2010, the IBAHRI Council adopted a resolution opposing discrimination and other breaches of human rights directed at people on the grounds of their sexual orientation and gender identity (SOGI). The IBAHRI is committed to promoting and protecting these rights and has spoken out on a number of lesbian, gay, bisexual, transgender and intersex issues. The IBAHRI recommended the IBA adopt an Association-wide resolution for the repeal of laws criminalising private, consensual activity between adults, which the IBA Council approved in 2014. Through its UN Programme, the IBAHRI produced a report focusing on how sexual orientation and gender identity rights can be promoted at the Universal Periodic Review (UPR) of the Human Rights Council.

The abolition of the death penalty The IBAHRI is committed to promoting the abolition of the death penalty, as set out in its ‘Resolution on the Abolition of the Death Penalty’, adopted by the IBAHRI Council in 2008. Pending the total abolition of the death penalty, the resolution insists on strict observance of the international legal limitations of the imposition of the death penalty. The IBAHRI has now produced


a worldwide study of laws requiring the mandatory application of the death penalty. It argues that requiring execution as sole punishment for particular crimes violates an individual’s human rights and undermines the concept of justice. The report Forced to Kill: The Mandatory Death Penalty and its Incompatibility with Fair Trial Standards concluded that the mandatory death penalty is contrary to international law, nor can it be justified under common law, civil law or Sharia.

Torture prevention Torture is prohibited under international law. Despite this, the practice continues to be used and supported by many. Working with the legal profession, the IBAHRI aims to raise awareness of this prohibition through trainings, capacity building and the development of torture-prevention toolkits and manuals. In 2016, the IBAHRI concluded a torture-prevention ‘trainingof-trainers’ project with judges in Tunisia. In Mexico, it has continued its work with judges, prosecutors and public defenders to train them on national and international law pertaining to torture prevention and, in Brazil, has hosted a number of trainings and workshops aimed at shortening the length of pre-trial detentions.

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Highlights 2016 Sexual orientation and human rights Launch of Sexual Orientation, Gender Identity and Expression, and Sex Characteristics at the Universal Periodic Review. In partnership with ILGA and ARC International, the report analyses the impact of the Universal Periodic Review on rights relating to sexual orientation, gender identity and expression, and sex characteristics.

Mexico Ongoing torture-prevention training. In partnership with Mexican federal justice institutions, the Office of the United Nations High Commissioner for Human Rights and national and international experts, the IBAHRI organised multiple training sessions on torture prevention.

Tunisia Capacity-building programme on international criminal law and international humanitarian law. The three-year training programmes on torture prevention, rebuilding public confidence in the judiciary and international criminal law came to a close this year.

Work carried out in 2016 Work carried out prior to 2016

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Azerbaijan Promoting human rights litigation. A new generation of Azerbaijani human rights lawyers was trained in human rights law, creating a growing network of human rights lawyers.

Tajikistan Strengthening the capacity of the Union of Lawyers. The IBAHRI and a specialist legal consultant have worked closely with the Union of Lawyers to increase its national effectiveness and engagement with the international legal community.

Myanmar Strengthening Myanmar’s legal profession. The IBAHRI has sought to strengthen the Myanmar legal profession through the establishment of the country’s first independent national bar association.

Abolition of the death penalty Forced to Kill: The Mandatory Death Penalty and its Incompatibility with Fair Trial Standards. The IBAHRI report on the mandatory imposition of the death penalty under international law argues that any procedure that obliges a court to impose the death penalty is inherently flawed.


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Americas United States Addressing the decline in human rights. The IBAHRI has written an open letter to President Trump, focusing on key human rights priorities for his administration.

Brazil Advocacy and technical assistance. Working with schools of judges and public defenders, the IBAHRI has called for the implementation of custody hearings in the criminal justice system, and has designed trainings directed at improving prison conditions and reducing the growing number of people facing pre-trial detention.

Mexico Research and training. Working on the prevention and prosecution of cases of torture, the IBAHRI is carrying out focused research using a context analysis methodology and strengthening the understanding and implementation of mandatory international standards by national stakeholders.

NEWS RELEASES • 19 April: IBAHRI launches report on judicial accountability and independence in Latin America tinyurl.com/hpva77m • 5 May: IBAHRI concerned by harassment of lawyer Juan Carlos Gutiérrez in Venezuela tinyurl.com/j2xlkm9 • 17 August: IBAHRI calls for investigation into reports of dawn raid at home of rights defender tinyurl.com/zek5pfm

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Brazil

Public defenders take part in torture-prevention training in Brasília © Escola Superior da Defensoria Publica da União 2016

Convinced of the key role that the Brazilian legal profession has to play in preventing torture and punishing perpetrators of torture, and cruel, inhuman and degrading treatment, the IBAHRI is committed to working with Brazil’s legal profession to produce the necessary tools to reduce the use and length of pre-trial detention, as well as to improving prison conditions and creating an environment where the human rights of both inmates and guards are respected, enforced and upheld. On 15 December 2015, the Conselho National de Justiça (CNJ) (National Justice Council of Brazil) passed Resolution Nº 213, providing guidance for local courts on the use of custody hearings in order to prevent the unlawful imprisonment of suspected nonviolent offenders while awaiting trial. As a result, in June 2016, the IBAHRI, together with the CNJ, the Association for the Prevention of Torture (APT), the Associação dos Magistrados Brasileiros (AMB) (Magistrates Association of Brazil) and the Secretaria Especial de Direitos Humanos do Ministério da Justiça e Cidadania (Human Rights Secretariat of the Ministry of Justice), organised the seminar, Torture and Violence in the Criminal System: the Role of Judges in Preventing and Combating Torture. Issues raised in this seminar led to the IBAHRI participating in designing a curriculum on custody hearings for the training of judges. This curriculum has now been incorporated by the Escola Nacional de Formação e Aperfeiçoamento de Magistrados (ENFAM) (National School for the Training and Improvement of Magistrates). In August 2016, the IBAHRI and the AMB ran a seminar in Curitiba on torture prevention and international law. A further international seminar was hosted in December, in association with the Paraná Bar Association, the Association of Judges from Portuguese Speaking Countries and the APT, which focused on the role of the legal profession in the criminal justice system and the challenges it faces in preventing torture. In the framework of the December seminar, the IBAHRI co-hosted a closed discussion with federal and state institutions concerning the creation of state mechanisms for the prevention of torture, and also defined future steps for the creation of legal mechanisms for the state of Paraná. Given the key role the Public Defender’s Office plays in the prevention of torture in the penitentiary system and upholding the inclusion of international standards in Brazilian jurisprudence, the IBAHRI ran a two-day training course in Brasília, hosted with Defensoria Pública da União (Public Defenders Office of Brazil), on the United Nations Standard Minimum Rules for the Treatment of Prisoners (the Nelson Mandela Rules), the United Nations Rules for the Treatment of Women Prisoners and Noncustodial Measures for Women Offenders (the Bangkok Rules) and the Inter-American Human Rights System. This training course was not only attended by Brazilian federal and state public defenders, but also brought together public defenders from Timor-Leste and heads of public defender offices from across Chile, Colombia, Guatemala and Paraguay.

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Over judges and public defenders trained on torture prevention and international law

The IBAHRI remains committed to opposing the use of torture and cruel, inhuman and degrading treatment in Brazil, and continues to assist in solving the situation of overcrowding in pre-trial detention. The IBAHRI will work with the National Mechanism for the Prevention of Torture, justice institutions and civil society in order to continue its capacity-building work in 2017. This project is funded by the Australian Embassy in Brazil and the IBAHRI Trust. International Bar Association’s Human Rights Institute Annual Review 2016

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Mexico

Judges take part in torture-prevention training in Mexico City © IBA 2016

Enforced disappearances and cases of torture continue to be a concern in Mexico, and impunity for these crimes persists. Over the past four years, the IBAHRI has worked with national and international bodies to train judges, prosecutors and public defenders to increase their awareness of enforced disappearances and capabilities in torture prevention. In partnership with Mexican federal and state justice institutions and the Office of the United Nations High Commissioner for Human Rights (OHCHR), the IBAHRI has developed capacity-building materials and organised nation-wide training programmes. Torture-prevention trainings have taken place throughout 2016, with participants from Nuevo León, Ciudad de México, Oaxaca, Veracruz and Estado de Mexico. The sessions focused on investigating torture and introduced participants to the importance of having a gender-perspective when investigating torture. Together with the Facultad Latinoamericana de Ciencias Sociales (FLACSO) and civil society organisations, the IBAHRI has launched a project to produce a manual on contextual and situational analyses relating to cases of torture and enforced disappearances. As part of this ongoing programme, in 2017, the IBAHRI will collaborate with the Anti-Torture Initiative – a project of the Center for Human Rights & Humanitarian Law at the College of Law of the American University in Washington – to host an expert meeting with legal and forensic professionals to discuss the role of the Istanbul Protocol in investigating and preventing torture.

200 legal professionals from 5 states trained on torture prevention and enforced disappearances

This project is funded by the UK Foreign and Commonwealth Office and the IBAHRI Trust

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United States

The White House, Washington, DC © Shutterstock

In 2016, Donald J Trump was elected President of the United States. The IBAHRI wrote an open letter to the then-President-Elect, addressing a wide range of human rights concerns raised at the IBA Annual Conference in Washington, DC, and which the IBAHRI considers should be a priority for the new president. Once renowned for championing individual liberty and human rights, the US has retreated from many of the rights and freedoms enshrined in the 1776 Declaration of Independence and 1791 Bill of Rights. The IBAHRI open letter highlights pertinent human rights issues, including the non-ratification of important treaties for the protection of human rights, the use of the death penalty and discrimination, where the country has now fallen behind many other nations.


To read the open letter to President-Elect Trump, visit: tinyurl.com/zr5o7ac

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Venezuela

Judge Maria Lourdes Afiuni in Caracas © Reuters/Carlos Rawlins 2013

Judicial independence in Venezuela continues to deteriorate. Civil and political rights remain at risk, and the executive branch of government continues to hold disproportionate power over many public institutions, including the judiciary. The government continues to use arbitrary detention and denial of due process to maintain control. As Venezuela underwent its Universal Periodic Review before the United Nations Human Rights Council in Geneva, the IBAHRI submitted a joint shadow report with the International Association of Judges and the International Commission of Jurists, expressing a series of concerns relating to the human rights situation in the country and particularly the position of the legal profession. Of particular concern to the IBAHRI has been the prosecution of Judge Maria Lourdes Afiuni. Judge Afiuni was imprisoned in 2009 on charges of ‘spiritual corruption’, after granting bail to political prisoner Eligio Cedeño in accordance with the Venezuelan Criminal Code and the Organic Criminal Procedural Code. Since then, Judge Afiuni’s case has been characterised by delay. She has also suffered serious health problems as a consequence and has allegedly been a victim of torture. Throughout 2016, the IBAHRI continued to monitor the trial. The IBAHRI remains the only international observer allowed to attend the trial hearings. The case is indicative of the crisis of judicial independence and rule of law in Venezuela.

Since 2012, the IBAHRI has attended hearings for the trial of Judge Afiuni

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An IBAHRI international observer will continue to observe the trial of Judge Afiuni and the IBAHRI will closely monitor the developing situation in Venezuela in 2017. This project is funded by the IBAHRI Trust.

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Members of the Independent Lawyers’ Association of Myanmar (ILAM) vote at its inaugural meeting © IBA 2016

Asia Pacific China Defending the legal profession. The IBAHRI issued an open letter to Chinese President Xi Jinping calling for the release of lawyers detained since the government began persecuting the legal profession in July 2015.

Timor-Leste Capacity building towards the establishment of a national bar association. The IBAHRI has facilitated workshops and trainings for Timorese and foreign lawyers working in Timor-Leste to facilitate the development of an independent and effective legal profession in the country.

Myanmar Strengthening Myanmar’s legal profession. The IBAHRI has sought to strengthen the Myanmar legal profession through the establishment of the country’s first independent national bar association.

NEWS RELEASES • 19 January: IBA President and Aung San Suu Kyi open inaugural meeting of Myanmar’s first national independent lawyers’ association tinyurl.com/z8ldy2o • 16 May: IBAHRI urges review of China’s new law for foreign NGOs tinyurl.com/nzrk3o8 • 23 June: IBAHRI condemns reported assault of lawyers in Chinese courtroom tinyurl.com/gtma2h3

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China

Lawyers and human rights activists in China face intimidation and arrest © ChameleonsEye/Shutterstock

Lawyers and human rights activists in China continue to face intimidation and arrest, with many reporting the use of torture, as part of an ongoing persecution by Chinese authorities. As these government attacks on human rights have continued in 2016, China has announced the enactment of the Law on the Administration of Activities by Foreign Non-Governmental Organisations within the People’s Republic of China (the Foreign NGO Law). The new law places significant restrictions on NGOs operating in China, bringing their activities under the control of the Ministry of Public Security – a development that severely impacts on the ability of Chinese civil society to function. In response to the ever-deteriorating situation of the rule of law in China, the IBAHRI called for a review of the Foreign NGO law and sent an open letter to President Xi Jinping, calling for the immediate and unconditional release of lawyers detained since July 2015. The IBAHRI will continue to monitor the situation in China closely in 2017.


Read an open letter to His Excellency Mr Xi Jinping at tinyurl.com/gnur8r4

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Myanmar

IBA President stands with Daw Aung San Suu Kyi and the late U Ko Ni at the inaugural meeting of the Independent Lawyers’ Association of Myanmar (ILAM) © IBA 2016

Strengthening the rule of law and securing judicial independence is essential for Myanmar during its period of transition from military rule. Significant positive progress has been made since the IBAHRI’s capacity-building programme began in 2013. The IBAHRI has been working closely with Myanmar’s lawyers to establish an independent body to represent the legal profession nationally. From 2015, in partnership with the Myanmar Parliamentary Committee for the Rule of Law and Tranquillity, the IBAHRI conducted trainings and workshops with local bar and lawyers’ groups across 14 states and divisions. This resulted in the inaugural meetings of the Independent Lawyers’ Association of Myanmar (ILAM) taking place in Myanmar’s capital city, Nay Pyi Taw, in January. The inauguration was presided over by Daw Aung San Suu Kyi and IBA President David W Rivkin (2015–2016). The newly-established ILAM, with a membership of more than 2,000 higher grade pleader and advocate members, plans to represent and promote the interests of the legal profession and improve access to justice in Myanmar and public awareness of the role of the legal profession.

‘As we start to rebuild rule of law and the legal institutions in Burma, the Parliamentary Committee for Rule of Law and Tranquillity believes there is a pressing need for a unified and representative national bar association.’

Since its inauguration, and with assistance from the IBAHRI, ILAM has made significant progress in 2016. ILAM’s Law Reform Subcommittee attended an IBAHRI workshop in April on the principles of advocacy for law Aung San Suu Kyi, State Councillor of Myanmar reform and the creation of an effective strategic plan. In May, the IBAHRI facilitated the second meeting of ILAM’s Central Executive Committee. In the latter half of the year, the IBAHRI convened a workshop in Yangon, which enabled the Legal Education Subcommittee to plan their strategy for designing a Continuing Legal Education (CLE) programme and, in August, ILAM members produced the first draft of a Code of Ethics for the legal profession. In partnership with the IBAHRI, ILAM members will continue to develop policies, the code of conduct and a curriculum for continuing legal education programmes in 2017. This project is funded by the British Council, the IBAHRI Trust, the IBA Post Bar Development Fund, LexisNexis, the United States Agency for International Development and the United Nations Development Programme.

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Timor-Leste

Lawyers take part in a capacity-building workshop in Dili © IBA 2016

For the past two years, the IBAHRI has worked towards the creation of a national bar in Timor-Leste. In order to incorporate the local context and respond to the country’s particular needs, the IBAHRI has held meetings with the Timor-Leste government, parliament, universities, civil society organisations and legal professionals. National bar associations play a pivotal role in protecting the rule of law and human rights. By establishing a national bar association, the legal profession is able to set educational and ethical standards for practice, ensure professional independence and improve access to justice. Moreover, a national bar association contributes to the protection of lawyers and judges so they can perform their work in a safe environment conducive to the rule of law. Timor-Leste has been a sovereign state for only 14 years, but in this time has demonstrated a strong commitment to justice and the rule of law. With the support of Timorese and foreign lawyers, the IBAHRI continues to build the capacity of the legal profession in order to foster independence and improve access to justice. The IBAHRI also participated in the Northern Territory Bar Association 2016 Conference in Dili, where IBAHRI Director Dr Phillip Tahmindjis discussed the importance of judicial independence and accountability.

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Over participants from across the legal profession attended capacity-building workshops

With the aim of creating opportunities for Timor-Leste’s diverse legal profession to discuss the future of the profession in light of the Draft Law for the creation of a Timorese bar association, the IBAHRI, together with the Judicial System Monitoring Program (JSMP) has organised two workshops in Dili. More than 50 participants have attended the workshops, including former members of the Timorese parliament, members of the Timorese Legal Association, law firms and NGOs working on justice and legal aid. The conclusions of the discussions enriched the content of a formal submission that the IBAHRI and the JSMP presented to the Timorese parliament, advocating for the revision of the existing draft law for the creation of the local bar association. The draft law is expected to be reviewed during the first semester of 2017. The IBAHRI has created a platform to discuss the by-laws of a future Timorese bar association. More than 20 lawyers, representing a wide variety of law firms and organisations working on legal issues, have been active in these sessions. In 2017, the IBAHRI will continue to provide assistance to the Timor-Leste executive government, parliament and legal profession, with the aim of establishing a Timorese bar association. The IBAHRI will continue to incorporate gender balance, language diversity and coordination with other international organisations within all of the programme activities. This project is funded by the IBAHRI Trust and the IBA Public and Professional Interest Division Activities Fund.


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Eastern-Europe and Central Asia Hungary Advocating for the independence of the legal profession at the United Nations. Following the publication of its 2015 report on the legal profession in Hungary, the IBAHRI undertook diplomatic briefings prior to Hungary’s Universal Periodic Review before the Human Rights Council.

Kazakhstan Increasing engagement with national bar associations. The IBAHRI conducted a highlevel scoping mission to Almaty and Astana to meet and engage with the two largest national bar associations in the country and discuss future training programmes, capacity building and advocacy activities.

Azerbaijan Promoting human rights litigation. Young Azerbaijani lawyers have been trained in human rights law, creating a growing network of human rights lawyers.

Tajikistan Strengthening the capacity of the Union of Lawyers. The IBAHRI and a specialist legal consultant have worked closely with the Union of Lawyers to increase the Union’s domestic effectiveness and engagement with the international legal community.

NEWS RELEASES • 1 April: Release of human rights lawyer Intigam Aliyev not enough, says IBAHRI tinyurl.com/znc666g • 20 July: IBAHRI condemns mass removal of judges following attempted coup in Turkey tinyurl.com/h5w8cnz

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Azerbaijan

Young Azerbaijani lawyers celebrate completing their training © IBA 2016

Since the IBAHRI’s 2013 fact-finding mission to Azerbaijan, it has closely monitored human rights issues in the country. In 2016, the IBAHRI welcomed the release of prominent human rights lawyer and IBA Human Rights Award winner Intigam Aliyev. However, the Azerbaijan government continues to suppress civil society and freedom of expression. The imprisonment of many Azerbaijani human rights defenders, journalists and opposition members, together with a lack of human rights education, has led to a generational gap in awareness of human rights law, with the majority of recent law graduates lacking comprehensive knowledge of European and United Nations human rights mechanisms. In 2016, the IBAHRI continued its capacity-building programme, which aims to motivate and empower a new generation of Azerbaijani lawyers to implement human rights law and litigate at the European Court of Human Rights (ECtHR). This year the IBAHRI has organised and hosted two new training groups, educating over 40 young Azerbaijani lawyers on various issues, including freedom of expression, freedom of association and security. The workshops explored issues relating to the ECtHR, the European Convention on Human Rights, and how the ECtHR’s judgments can complement the national framework.

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Over young lawyers have been trained on freedom of expression, liberty and security in order to create a new generation of human rights lawyers in Azerbaijan

Plans for 2017 include the delivery of a mentorship scheme to nurture a pool of human rights lawyers in the country. This project is funded by the Bilateral Programme Budget 2015–16 of the Foreign and Commonwealth Office, the British Embassy in Baku, the National Endowment for Democracy and the IBAHRI Trust.


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Hungary

Hungarian Parliament Building on the Danube River, Budapest © Shutterstock

Laws passed by Hungarian parliament in 2012 significantly undermined judicial independence in the country by transforming the bodies responsible for overseeing the administration of the courts and the functions relating to the suspension, transfer and assignment of judges. In the same year, a high-level IBAHRI fact-finding mission determined that there were several deficiencies in the new legal framework, and urgent action was needed to safeguard Hungary’s judicial independence. In the resulting report, the IBAHRI delegation set out recommendations in order to re-establish the independence of the judiciary and the rule of law. Hungary subsequently amended its Constitution, but a second fact-finding mission in 2015 concluded that the Hungarian government had failed to fully restore judicial independence. In 2016, the IBAHRI participated in a session in Geneva prior to the Universal Periodic Review (UPR), where civil society organisations presented recommendations to the Permanent Missions to the UN. The IBAHRI participated in the Hungary pre-session UPR panel, highlighting the constraints on judicial independence and the shrinking space for civil society activity. The IBAHRI’s advocacy factsheet on Hungary was distributed for diplomatic briefings, and consequently the IBAHRI met with diplomatic missions from countries including Germany and the US. In 2017, the IBAHRI will continue to monitor the situation in Hungary, particularly in relation to the implementation of recommendations which the country accepted at its review before the United Nations Human Rights Council. This project is funded by the IBAHRI Trust.

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To read the 2015 report Still under threat: the independence of the judiciary and the rule of law in Hungary, visit: tinyurl.com/znmqhvu


Kazakhstan

Kazakh lawyers visit Geneva to take part in advocacy work at the United Nations © IBA 2016

Kazakhstan’s Constitution contains provisions to safeguard judicial independence. However, in practice, corruption among the judiciary is widespread. Professional licences are controlled by the Ministry of Justice, undermining the bar associations’ independence. There have been reports of attempts to intimidate lawyers by the Kazakh Ministry of Justice and state agencies. Of further concern is Kazakhstan’s human rights record, which has deteriorated since 2012, and the failure to establish due process guarantees. Building on previous IBAHRI consultations with local bar leaders and stakeholders, the IBAHRI continues to promote debate among Kazakh lawyers to facilitate and implement further bar reform, as well as supporting the independence of the legal profession in the country. In April, the IBAHRI conducted a high-level scoping mission to Almaty and Astana to meet with the Almaty Bar Association and the Republican Bar Collegium (RBC), and to discuss details about future training programmes, capacity building and advocacy activities. In June, a review of Kazakhstan’s human rights record by the United Nations Human Rights Committee provided a valuable opportunity for the IBAHRI to highlight issues concerning bar reforms in the country. Consequently, with support from the IBAHRI UN Programme, three Kazakh lawyers visited the Geneva Bar Association to increase engagement with the international community of lawyers and attended the regional dialogue session with the United Nations Special Rapporteur on the Independence of Judges and Lawyers. The IBAHRI will expand its engagement with regional bar associations in Kazakhstan in order to support human rights programming and outreach, and to build their capacity to contribute to law reform in Kazakhstan. This project is funded by the Open Society Foundations, Eurasia Programme and the Canton of Geneva.


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Tajikistan

Tajik lawyers meet their Swazi counterparts and members of the Geneva Bar Association to develop advocacy skills in Geneva © IBA 2016

Tajikistan has had relatively few practising lawyers in the past. They lacked the support of a national bar association as a consequence of political circumstance and governmental pressure. This changed in 2015, when the country’s first unified bar association – the Union of Lawyers – was created with the support of the IBAHRI. On 10 December 2015, the Ministry of Justice of Tajikistan registered the Union of Lawyers with its five regional offices. Tajikistan’s human rights record came under international scrutiny in 2016 at the United Nations Human Rights Council’s Universal Periodic Review. A number of recommendations were made concerning the independence of the legal profession, but Tajikistan failed to accept any of them. In 2016, the IBAHRI has focused on strengthening the capacity of the Union of Lawyers in Tajikistan to ensure it acts as a modern, independent, well-functioning body which represents Tajik lawyers. In January, two strategic planning training workshops took place in Dushanbe. Later in the year, another seminar was convened in Dushanbe, which brought together lawyers from a number of regions to focus on professional standards, ethics, security, principles of good governance, accountability, independence and transparency of the bar. The experts contributing to the seminar included the President of the Lithuanian Bar Association and the Deputy Director of the Almaty City Bar Training Center. The IBAHRI’s legal consultant in Tajikistan has also continued to work closely with lawyers and the government, in particular with regard to the prolongation of the transitional period to enable lawyers to pass the new qualification test, which was introduced in November 2015 in the revised Law on Advokatura. There are now 461 lawyers who hold a licence to practise law, having passed the new qualification test. Opportunities for Tajik lawyers to integrate with the international legal community have been facilitated by the IBAHRI. In May, a delegation of Tajik lawyers visited lawyers now hold a licence the Geneva Bar Association (GBA) and, in June, Tajik lawyers attended a special to practise law in Tajikistan consultation with the United Nations Special Rapporteur on the Independence of Judges and Lawyers, and other lawyers from Eastern Europe and Central Asia. The President of the Tajik Bar Association also attended an IBA Bar Leaders Conference in Barcelona, meeting with Turkish and Lithuanian Bar Association representatives. These events have resulted in valuable exchanges, providing opportunities to engage with and learn from other bar associations.

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This project is funded by the Open Society Foundations, Eurasia Programme, the Canton of Geneva and the IBAHRI Trust.

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Kazakh lawyers take part in a workshop to debate bar reform © IBA 2016

MENA and Sub-Saharan Africa Tunisia Capacity-building programme on international criminal law and human rights. The training programmes on torture prevention, international criminal law and rebuilding public confidence in the judiciary came to a close this year.

Zambia Second fact-finding mission on tax, poverty and human rights. An IBAHRI delegation continues to investigate the taxation of extractive industries, the realisation of economic, social and political rights, and the equitable use of public resources in one of Africa’s most resource-rich countries.

NEWS RELEASES • 12 April: International legal bodies supporting fight against torture in Tunisia tinyurl.com/kxl4tlg • 12 July: IBAHRI calls for accountability and reform following the death of Kenyan lawyer Willie Kimani tinyurl.com/h2md4dc • 1 September: Release of Egyptian lawyer Malek Adly welcome, but charges must be dropped says IBAHRI tinyurl.com/hsf9ygl

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Tunisia

Judges attend torture-prevention training in Tunisia © IBA 2016

Tunisia is a country that, following pro-democracy protests in December 2010, now has many of the hallmarks of a democratic state. International norms of equality, rights and freedoms, including fundamental fair trial guarantees, are now enshrined in the country’s new Constitution. In February 2016, Tunisia’s parliament approved amendments to Tunisia’s Criminal Procedure Code. This significantly strengthened the rights of detainees during the period of pre-trial detention. Since 2012, the IBAHRI has been building the capacity of Tunisia’s magistrates to ensure they have the ability to apply international human rights principles in the administration of justice and exercise their professional independence. In partnership with the Central and Eastern European Law Initiative (CEELI) Institute and the International Legal Assistance Consortium (ILAC), the IBAHRI has continued to work closely with the Tunisian Ministry of Justice throughout 2016. The IBAHRI implemented the second phase of its judicial training programme in 2016, which focused specifically on torture prevention and rebuilding public confidence in the judiciary. In collaboration with the Danish Institute against Torture (DIGNITY), and a working group within the Tunisian Ministry of Justice, the IBAHRI has delivered five ‘training-of-trainers’ workshops. The workshops explored the role of the judiciary in combating torture and safeguarding detainees’ rights. Over 65 judges and prosecutors from 24 regions of Tunisia have now been trained. Furthermore, the ‘training-of-trainers’ methodology has empowered participating judges and prosecutors to act as mentors to their colleagues, increasing the outreach of the project to over 1,000 judges. The IBAHRI’s three-year international criminal law and human rights law project reached its conclusion in April 2016. Building on programme work from 2015, this included two moot court sessions providing over 50 judges and prosecutors with the opportunity to practise the application of international criminal law principles and International Criminal Court case law in their professional duties. In 2017, the IBAHRI will publish an evaluation report on the impact of its work in Tunisia. It will continue to monitor and promote judicial independence in the country. This project was funded by the Swedish International Development Cooperation Agency (Sida).


‘Before the revolution, prosecutors were not totally independent – there was a problem in filing cases for pre-trial detention detainees. Prosecutors were under the Ministry of Justice and the Ministry of Justice could inform the public prosecutor to “turn a blind eye” to cases of torture.’ ‘Training-of-trainers’ course participant

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Zambia

IBAHRI delegation in Zambia © IBA 2015

The IBAHRI’s fact-finding missions in Zambia are part of the IBAHRI’s wider programme on taxation, poverty and human rights, and follow the 2013 report from the IBA’s Task Force, Illicit Financial Flows, Tax Abuses, Poverty and Human Rights. The programme examines how illicit financial flows impact on poverty and subsequently affect the implementation of economic, social and cultural rights. The project in Zambia focuses more specifically on the challenges faced by developing countries in taxing transnational companies and the implications of these challenges for the protection of human rights. In March 2015, the IBAHRI sent its first delegation of international tax and human rights experts to Zambia, where they investigated the impact of mining companies’ tax planning strategies on the realisation of economic and social rights in the country. Zambia is a fitting case study because it is one of the most resource-rich countries in Africa, yet continues to suffer from high levels of poverty. In 2016, the IBAHRI undertook a second fact-finding mission to the country. This enabled the delegation to investigate further public governance issues relating to the mobilisation of public resources, as well as investigate important questions about the country’s failure to retain adequate taxation revenue. In 2017, the IBAHRI plans to host a workshop, in partnership with the Law Association of Zambia, on the Universal Periodic Review process and how lawyers can contribute to, and advocate effectively at, the United Nations Human Rights Council. This project is funded by the IBAHRI Trust.

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A trainer speaks to course participants in Tunisia © IBA 2015

© Shutterstock

Thematic work

The IBAHRI’s thematic work serves to focus attention on pertinent human rights issues raised through capacity-building and advocacy projects. Some of the thematic areas arose from the passing of resolutions by the IBAHRI Council. These include Poverty and Human Rights (2010); Sexual Orientation, Gender Identity and Human Rights (2010); and the Abolition of the Death Penalty (2008). Other programmes include the United Nations Programme, which aims to strengthen the legal profession’s ability to protect its independence at an international level; ongoing torture-prevention work; and a new task force, which was convened to carry out expert research on the protection of the rights of persons with albinism.

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Abolition of the death penalty

Susan Kigula, former Ugandan death row inmate, speaks of her experience at an IBAHRI panel at the African Commission © IBAHRI 2016

The IBAHRI advocates for the total abolition of the death penalty, a practice it sees as having no proven deterrent effect and as violating a person’s right to life. A resolution, adopted by the IBAHRI Council in 2008, commits the IBAHRI to ending this practice and ensuring that, in the meantime, the international legal limitations on the application of the death penalty are observed. In May, the IBAHRI published a report titled Forced to Kill: The Mandatory Death Penalty and its Incompatibility with Fair Trial Standards, which concluded that the mandatory death penalty is contrary to international law. The report was launched at the Geneva Academy of International Humanitarian Law and Human Rights during an expert seminar on the right to life, which was attended by experts from the United Nations and regional human rights bodies. The report also examines international attitudes to mandatory death sentences and the jurisprudence behind approaches to it in international law, common law, civil law and Sharia. The IBAHRI also organised a panel on the subject at the NGO Forum preceding the 59th Ordinary Session of the African Commission on Human and Peoples’ Rights. In Africa, 18 countries have abolished the death penalty for all crimes and another 18 have not used the death penalty in ten years. The panel explored how the death penalty, in particular the mandatory death penalty, violates fundamental rights contained in national and regional human rights laws in Africa, including its negative impact on women’s rights. This was emphasised by former Ugandan death row inmate Susan Kigula, who gave a candid account of her journey of survival in the face of the death Forced to Kill: The penalty in Uganda. The panel also discussed the draft African Protocol Mandatory Death Penalty on the abolition of the death penalty.

To read the 2016 report Geneva

Academy

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This project is funded by the IBAHRI Trust and the IBA Professional and Public Interest Division Activity Fund.

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Enjoyment of rights by persons with albinism

The Independent Expert on the Enjoyment of Human Rights by Persons with Albinism Ikponwosa Ero (centre) with IBAHRI Senior Programme Lawyer Muluka Miti-Drummond (right) and consultant Nuria Garcia Palazon (left) © IBA 2016

Persons with albinism are often the target of human rights violations, marginalisation, inhuman and degrading treatment, and discrimination. Albinism is a genetically-inherited, non-contagious condition, yet in certain countries superstitions and myths surround persons with albinism. Consequently, they are in danger of attack and death. A lack of understanding about the condition also results in their particular health needs being unaddressed. The United Nations Human Rights Council appointed the first UN Independent Expert on the Enjoyment of Human Rights by Persons with Albinism in 2015. In line with this, in 2016, the IBAHRI convened the IBA Task Force on the Enjoyment of Rights by Persons with Albinism, which was convened to support the work of the Independent Expert and carry out research on the protection of the rights of persons with albinism. Recognising that discussions concerning the protection of persons with albinism are often framed within a disability rights framework, the Task Force aims to identify the broader international legal framework that states should adhere to in order to protect, promote and fulfil the rights of persons with albinism. In November, the Task Force attended the Annual Conference on Disability Rights in Africa, where the main theme was Advancing the rights of persons with albinism in Africa: A call to action. An IBAHRI Senior Programme Lawyer also attended and helped facilitate the Action on Albinism in Africa Working Group meeting in Nairobi, Kenya. As part of the Task Force’s research, a report on its findings will be published in 2017. The report’s focus will be on Sub-Saharan Africa, examining the UN and African human rights systems, and defining the obligation of states to ensure the full enjoyment of human rights by persons with albinism.

‘For a person with albinism, nearly all of their most fundamental human rights are at risk.’

This project is funded by the IBA Special Projects Fund.

Ikponwosa Ero, UN Independent Expert on the Enjoyment of Human Rights by Persons with Albinism

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Sexual orientation, gender identity and human rights

LGBTI flag © Shutterstock

Many lesbian, gay, bisexual, transgender and intersex (LGBTI) persons continue to face violence and discrimination, and laws which criminalise LGBTI persons continue to exist in many countries. In 2010, the IBAHRI Council adopted a resolution opposing discrimination and other breaches of human rights directed at people on the grounds of their sexual orientation or gender identity, and calling for the decriminalisation of same-sex relationships. In 2016, the Yogyakarta Principles – the main international instrument outlining human rights from the viewpoint of sexual orientation, gender identity and expression, and sex characteristics (SOGIESC) – reached its 10th anniversary, and the IBAHRI welcomed the appointment of Vitit Muntarbhorn as United Nations Independent Expert on the Protection Against Violence and Discrimination Based on Sexual Orientation and Gender Identity. In November, the IBAHRI launched its report, Sexual Orientation, Gender Identity and Expression, and Sex Characteristics at the Universal Periodic Review, in partnership with the International Lesbian, Gay, Bisexual, Trans and Intersex Association (ILGA) and ARC International. The report looks at the role of the Universal Periodic Review (UPR) in shaping the protection of the rights of LGBTI persons to date. It determines that the UPR constitutes an arena of great potential for the protection of the LGBTI community at the international level. It explores both the positive and negative impact the UPR has had on SOGIESC issues, providing Sexual Orientation, Gender key stakeholders with recommendations to turn the UPR into a Identity and Expression, and more effective mechanism for advocating for rights relating to SOGIESC issues. Sex Characteristics at the

To read the 2016 report

This project was funded by the IBAHRI Trust and the IBA Professional and Public Interest Division Activity Fund.

Universal Periodic Review, visit: tinyurl.com/zkm5v34

Sexual Orienta Gender tion, Identity and Ex and Se pressio x Char n, Universa acteristics at th l Perio dic Revie e w Novem

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Tax, poverty and human rights

Rights and Resources: Embedding human rights into corporate tax regimes session, Geneva © IBA 2016

The IBAHRI Tax, Poverty and Human Rights Programme seeks to re-frame the global policy debate around poverty reduction and prevention. While respective links between human rights and poverty, as well as poverty and tax evasion, are well established, less time has been dedicated to considering the impact of tax abuses on the realisation of human rights, including economic, social and cultural rights. Taxation is a key source of revenue for socio-economic development, and consequently plays an important role in the realisation of human rights. But many developing countries with high levels of poverty lack the necessary infrastructure to curb abusive tax planning structures. In 2010, the IBAHRI assembled the Task Force on Illicit Financial Flows, Poverty and Human Rights to analyse how these illicit financial flows and tax planning regimes impact on poverty and subsequently affect the realisation of economic, social and cultural rights. The IBAHRI has continued to facilitate discussion and progress on tax abuses and human rights in 2016. A second delegation of international tax and human right experts visited Zambia on a follow-up fact-finding mission. Following the first mission in 2015, the team undertook further research into mining taxation, the realisation of economic, social and cultural rights, and fair use of public resources. In June 2016, the IBAHRI, together with Friedrich-Ebert-Stiftung (FES) and the Geneva Academy of International Humanitarian Law and Human Rights, hosted an expert seminar on Human Rights and Sustainable Development Goals. This seminar brought together a number of current special procedures, treaty body members and other experts. Among the many issues discussed was the obligation of states to mobilise domestic and international resources, in order to enable states to strengthen domestic resource mobilisation and improve domestic capacity for tax and revenue collection. The IBAHRI also held an event at the 2016 Forum on Business and Human Rights at the United Nations in Geneva. In partnership with FES and the Center for Economic and Social Rights (CESR), Rights and Resources: Embedding human rights into corporate tax regimes focused on financing the Sustainable Development Goals (SDGs) and the role of corporate tax regimes in the realisation of human rights. In line with this, the IBAHRI will release a new report in 2017 on this subject, focusing specifically on states’ obligations with respect to bridging human rights, economic and fiscal policies, and the SDGs. This project was funded by the IBAHRI Trust and the IBA Professional and Public Interest Division Activity Fund.

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Torture prevention

Legal professionals are well placed to prevent torture and prosecute those responsible for perpetrating this crime © Shutterstock

Torture is completely prohibited under international law. Despite this, torture continues to be carried out in many parts of the world by state representatives. As part of the criminal justice system, legal professionals are well placed to prevent torture and prosecute those responsible for perpetrating this crime. However, legal professionals often lack the necessary skills and understanding to effectively oppose torture. In Tunisia, the IBAHRI worked with the Danish Institute against Torture (DIGNITY) and the Tunisian Ministry of Justice to deliver five ‘training-of-trainers’ workshops on the role of the judiciary in combating torture and safeguarding detainees’ rights. Over 65 judges and prosecutors from all 24 regions of Tunisia were trained, empowering them to act as mentors on the topic to their judicial colleagues, thus increasing the outreach of the project to over 1,000 judges. In Mexico, trainings have taken place throughout the country that have focused on investigating torture. Together with partners in academia and civil society, the IBAHRI has launched a project to produce a manual on contextual and situational analyses relating to cases of torture and enforced disappearances. In 2017, the IBAHRI will host an expert meeting with legal and forensic professionals to discuss the role of the Istanbul Protocol in investigating and preventing torture.

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Over judges and prosecutors from all regions of Tunisia trained in torture prevention

While working in Brazil, the IBAHRI has produced the manuals, Protecting Brazilians from Torture: A Manual for Judges, Prosecutors, Public Defenders and Lawyers (2013) and Another system is possible: reforming Brazilian justice (2012). Working in partnership with local stakeholders, the IBAHRI has run a number of torture-prevention workshops and trainings, and designed a curriculum on custody hearings for the training of judges. The IBAHRI will continue to focus on torture-prevention work as a core part of its activities in 2017, including running an expert seminar on the topic in collaboration with the Office of the United Nations High Commissioner for Human Rights. This project is funded by the Australian Embassy in Brazil, the IBAHRI Trust, the Swedish International Development Cooperation Agency (Sida) and the UK Foreign and Commonwealth Office.


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United Nations Programme

National flags at the entrance to the United Nations Office at Geneva, Switzerland © Dominionart/Shutterstock

The IBAHRI United Nations (UN) Programme was launched in 2014, with the aim of advancing UN recommendations relating to the independence of the judiciary and the legal profession. The UN Programme has three main components: • Advocacy: channelling evidence-based information on, and facilitating lawyers’ attendance at, the UN human rights mechanisms, to strengthen international recommendations promoting the independence of the judiciary and the legal profession. • Capacity-building: organising training and developing opportunities for lawyers, judges and bar associations to engage with UN mechanisms on issues relating to the independence of the legal profession. • Research and analysis: producing research-based reports to inform state policies and international recommendations, advance the implementation of such recommendations, and inform international advocacy and capacity-building. The IBAHRI has continued to develop its UN Programme in 2016, strengthening the legal community’s ability to engage with UN mechanisms and working to protect the independence of the profession. Analysing ways to improve and efficiently engage at the level of the Universal Periodic Review (UPR), the IBAHRI launched two reports. The role of the Universal Periodic Review in advancing human rights in the administration of justice (March 2016), explores the relevance of UPR recommendations relating to the administration of justice and the involvement of legal professionals within the review process. The IBAHRI report, produced in conjunction with ILGA and ARC International, Sexual Orientation, Gender Identity and Expression, and Sex Characteristics at the Universal Periodic Review (November 2016) gives an overview of the role played by the UPR in shaping the protection of the rights of LGBTI persons and the role of the legal profession in advancing those rights. In June 2016, the IBAHRI and Human Rights House Network (HRHN) held a special consultation with Monica Pinto, United Nations Special Rapporteur on the Independence of Judges and Lawyers, bringing together 50 human rights lawyers from 16 countries in Eastern-Europe and Central Asia.

To read the 2016 report The role of the Universal Periodic Review in advancing human rights in the administration of justice, visit: tinyurl.com/gta69r6

To read the 2016 report Sexual Orientation, Gender Identity and Expression, and Sex Characteristics at the Universal Periodic Review, visit: tinyurl.com/zkm5v34

This project is funded by the IBAHRI Trust and the IBA Professional and Public Interest Division Activity Fund.

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Tajik lawyers meet their Swazi counterparts at the United Nations in Geneva © IBA 2016

Publications I N T E R N AT I O N A L B A R A S S O C I AT I O N ’ S H U M A N RIGHTS INSTITUTE (IBAHRI) T H E M AT I C PA P E R N o 5


Annual Review 2015

The role of the Universal Periodic

APRIL 2016

Review in advancing human rights in the administration of justice March 2016

A report of the International Bar Association’s Human Rights Institute (IBAHRI) United Nations Programme Supported by the IBAHRI Charitable Trust

A Double-Edged Sword: Judicial Independence and Accountability in Latin America By Jessica Walsh

Material contained in this report may be freely quoted or reprinted, provided credit is given to the International Bar Association

IBAHRI Annual Review 2015 (March 2016) Download: tinyurl.com/n899qu6

The role of the Universal Periodic Review in advancing human rights in the administration of justice (March 2016) Download: tinyurl.com/gr525sq

Geneva Academy of International Humanitarian Law and Human Rights Académie de droit international humanitaire et de droits humains à Genève

A Double-Edged Sword: Judicial Independence and Accountability in Latin America (April 2016) Download: tinyurl.com/humnpdr

Geneva Academ

Forced to Kill: The Mandatory Death Penalty and its Incompatibility with Fair Trial Standards Sadakat Kadri

Sexual Orientation, Gender Identity and Expression, and Sex Characteristics at the Universal Periodic Review

May 2016

A report of the International Bar Association’s Human Rights Institute

November 2016

This report was initiated by the Geneva Academy of International Humanitarian Law and Human Rights and builds upon its report The Mandatory Death Penalty Under International Law Material contained in this report may be freely quoted or reprinted, provided credit is given to the International Bar Association

Forced to Kill: The Mandatory Death Penalty and its Incompatibility with Fair Trial Standards (May 2016) Download: tinyurl.com/huknywc

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Material contained in this report may be freely quoted or reprinted, provided credit is given to ARC International, the International Bar Association and the International Lesbian, Gay, Bisexual, Trans and Intersex Association (ILGA)

Sexual Orientation, Gender Identity and Expression, and Sex Characteristics at the Universal Periodic Review (November 2016) Download: tinyurl.com/zkm5v34


Events 2016

Speakers wait for the launch of The role of the Universal Periodic Review in advancing human rights in the administration of justice to begin © Manuel Pompeia Photography | http://pompeia.ch

The role of the Universal Periodic Review in advancing human rights in the administration of justice (Thursday 17 March 2016, Geneva) Facilitator Dr Phillip Tahmindjis Director, IBAHRI Introductory Remarks His Excellency Thomas Hajnoczi Ambassador of Austria Speakers Xavier Autain Lawyer, Paris Bar Association Christine Chanet Former Member of the UN Human Rights Committee Philippe Currat Vice-President, Human Rights Commission, Geneva Bar Association Saskia Ditisheim President, Avocats Sans Frontières Switzerland Helene Ramos dos Santos UN Liaison, IBAHRI

Expert Seminar ‘Human Rights and Sustainable Development Goals’ (Saturday 11 June 2016, Geneva Academy of International Humanitarian Law and Human Rights, Geneva) Welcome Felix Kirchmeier Manager of Policy Studies, Geneva Academy Hubert Réne Schillinger Office Director (Geneva), FriedrichEbert-Stiftung Helene Ramos dos Santos UN Liaison, IBAHRI


Session 1: The Role of UN Special Procedures and Treaty Bodies in Supporting the Implementation of the Sustainable Development Goals Facilitator Christophe Golay Geneva Academy Introduction Philip Alston Special Rapporteur on Extreme Poverty Bianca Pomeranzi Convention on the Elimination of all Forms of Discrimination against Women Committee Session 2: Human Rights, Sustainable Development Goals and Economic and Fiscal Policies Facilitator Caroline Dommen IBAHRI Introduction Juan Pablo Bohoslavsky Independent Expert on Foreign Debt Nico Schrijver Committee on Economic, Social and Cultural Rights Conclusion Helene Ramos dos Santos UN Liaison, IBAHRI Hannah Peters Programme Manager, Friedrich-Ebert-Stiftung

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Sexual Orientation, Gender Identity and Expression, and Sex Characteristics at the Universal Periodic Review (Wednesday 9 November 2016, Geneva) Introductory remarks Dr Phillip Tahmindjis Director, IBAHRI

IBAHRI SHOWCASE: Human Rights in the United States – a letter to the next President from the international legal community (Monday 19 September 2016, IBA Annual Conference, Washington DC) Session Chair Baroness Helena Kennedy QC Co-Chair, IBAHRI Speakers Ambassador (ret.) Hans Corell Co-Chair, IBAHRI Cori Crider Reprieve Ryan Goodman New York University School of Law D’Arcy Kemnitz National LGBT Bar Association, Washington

Who is a refugee? (Tuesday 20 September 2016, IBA Annual Conference, Washington DC) Session Chair Ambassador (ret.) Hans Corell Co-Chair, IBAHRI Speakers Idil Atak Ryerson University, Toronto Baroness Helena Kennedy QC Co-Chair, IBAHRI Michael Kirby Former Justice of the High Court of Australia, Sydney; Vice-Chair, IBAHRI Alex Neve Amnesty International

The Inter-American Human Rights System: How well is it working? (Thursday 22 September 2016, IBA Annual Conference, Washington DC) Session Chair Professor Juan E Méndez Professor of Human Rights Law, American University Washington College of Law Speakers Elizabeth Abi-Mershed Legal Director, Inter-American Commission Professor Carlos Ayala Corao Board member, International Commission of Jurists Federico Godoy Partner, Beretta Godoy

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Speakers Diana Carolina Prado Mosquera Report Author, International Lesbian, Gay, Bisexual, Trans and Intersex Association Dodo Karsay Report Author, ARC International Helene Ramos Dos Santos Report Author, IBAHRI Dianela Pi Cedrés Deputy Permanent Representative, Uruguay Nada Chaiyajit LGBTI Representative, Thai CSO Coalition for the UPR Henry Koh Malaysia Human Rights Specialist, Fortify Rights Michael van Gelderen Human Rights Officer, Office of the High Commissioner for Human Rights

Rights and Resources: Embedding human rights into corporate tax regimes (Monday 14 November 2016, 2016 UN Forum on Business and Human Rights, Geneva) Moderator Caroline Dommen Expert in Human Rights and Economic Issues Welcome remarks Hubert René Schillinger Office Director (Geneva), FriedrichEbert-Stiftung Helene Ramos dos Santos UN liaison, IBAHRI Speakers Manuel F Montes Senior Advisor on Finance and Development, South Centre; Member of the Independent Commission for the Reform of International Corporate Taxation Arnaud Martin Attorney at law, Tax Expert, ABR Attorneys at Law Switzerland Matti Kohonen Principal Adviser (Private Sector), Christian Aid Concluding remarks Anita Ramasastry Member of the Working Group on human rights and transnational corporations and other business enterprises

Preventing and Combating Torture and Inhuman Treatment in the Criminal Justice System (Monday 5 December – Tuesday 6 December 2016, Curitiba, Brazil) Speakers including Veronica Hinestroza Senior Programme Lawyer, IBAHRI Fabio de Sá e Silva Consultant, IBAHRI José Manuel Igreja Matos Vice-President, International Judges Association


Media

Senior Programme Lawyer Veronica Hinestroza interviews United Nations Special Rapporteur on Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment Juan Méndez © IBA 2016

To view all IBAHRI news releases, visit: tinyurl.com/p4uutt5

Rule of Law Directory

IBAHRI News To join the IBAHRI mailing list contact: [email protected]

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December 2016/January 2017

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Websites

Newsletters & publications

AL-WORLD

l Guidance or® Canada ance ance ance ance l Guidance

News releases

IBA Global Insight IBA Global Insight (IGI) is the IBA’s flagship magazine. Published six times a year and distributed to all members of the IBA, IGI features articles covering topical legal, business and human rights issues.

The Rule of Law Directory is the first centralised, fully searchable online database of organisations engaged in rule of law work across the world. www.roldirectory.org

International Human Rights Fact-Finding Guidelines The IBAHRI and Raoul Wallenberg Institute International Human Rights Fact-Finding Guidelines are a valuable tool for anyone engaged in human rights fact-finding visits and reports. www.factfindingguidelines.org

tinyurl.com/IBA-GI

Legalbrief Africa Legalbrief Africa is a free and innovative IBA e-news diary, delivering a weekly summary of important African legal news to lawyers across Africa and globally. tinyurl.com/IBALegalBriefAfrica


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Looking ahead to 2017 Azerbaijan Mentorship scheme for young lawyers. In order to nurture a new generation of human rights lawyers, senior lawyers will mentor junior lawyers in human rights practice in the summer of 2017.

Mexico International meeting. The IBAHRI will bring together a group of high-level experts to discuss lessons learned from the implementation of the Istanbul Protocol and its role in combating torture. This will be followed by an open event with private and public universities.

Brazil Ongoing commitment to eradicating torture. Future seminars will be implemented, to empower the National Mechanism for the Prevention of Torture in their work preventing and monitoring torture.

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Myanmar Supporting the strengthening of ILAM. Working with the IBAHRI, the Independent Lawyers’ Association of Myanmar will develop policies, codes of conduct and legal education programmes in 2017.

Timor-Leste Establishing an independent bar association. The enabling legislation for the establishment of an independent, national Timorese bar association will be debated before the Timorese parliament.

Albinism Task force report to be published. The report will focus on Sub-Saharan Africa, examining international human rights systems and defining the obligation of states to safeguard the rights of people with albinism.


Sexual orientation, gender identity and human rights Scoping mission to South-East Asia. The IBAHRI will conduct a scoping mission in South-East Asia to explore setting up a task force on the topic and carry out capacity-building work.

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Governance

A banquet marking the first IBA Conference, New York, October 1947

Established in 1947, the International Bar Association (IBA) is the world’s leading organisation of international legal practitioners, bar associations and law societies. The IBA influences the development of international law and shapes the future of the legal profession throughout the world. It has a membership of more than 80,000 individual lawyers and more than 190 bar associations and law societies spanning over 170 countries. Grouped into two divisions – the Legal Practice Division (LPD) and the Public and Professional Interest Division (PPID) – the IBA covers all practice areas and professional interests, providing members with access to leading experts and up-to-date information. The IBA established its Human Rights Institute in 1995 under the honorary presidency of Nelson Mandela, to promote and protect human rights and the independence of the legal profession. The IBAHRI is an independent entity within the PPID of the IBA. IBAHRI projects are funded by the generous support of its members and funding bodies. Under the IBAHRI By-Laws, the Institute is governed by an independent council comprising of: Co-Chairs, Vice-Chair, Secretary-Treasurer, 12 council members and one representative from the LPD, the IBA Section on Public and Professional Interest, and the IBA’s Bar Issues Commission.

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Council 2016

Honorary President

Co-Chair

Co-Chair

Justice Richard Goldstone South Africa

Baroness Helena Kennedy QC UK

Ambassador (ret.) Hans Corell Sweden

Council Carlos Ayala-Corao Venezuela Christine Chinkin United Kingdom Sarah Cleveland United States Marzuki Darusman Indonesia Yasushi Higashizawa Japan Beatrice Mtetwa Zimbabwe Catherine O’Regan South Africa Anne Ramberg Sweden Mervat Rishmawi Palestine Justice Robert Sharpe Canada Mark Stephens CBE United Kingdom

Vice-Chair

Secretary-Treasurer

Justice Michael Kirby AM CMG Australia

Stephen Macliver Australia

Division Representatives Norville Connolly Bar Issues Commission, Ireland Stephen Denyer Section on Public and Professional Interest, United Kingdom Dr Luz Nagle Legal Practice Division, Colombia

Ex-officio Sternford Moyo Zimbabwe Juan Méndez Argentina IBA President David W Rivkin USA


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Finance

Total expenditure for 2016: £915,984

£201,210 22% £222,194 24%

Americas Asia Pacific Europe and Central Asia

Expenditure by region

£43,235 5%

Middle East and North Africa Sub-Saharan Africa Worldwide

£79,121 9% £181,489 20%

£188,735 20% £23,563 3%

£294,162 32%

£349,447 38%

Capacity-building

Fact-finding

Thematic

Training

Trial observation

Expenditure by activity

£20,880 2%

£227,932 25%

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Donors

Lawyer takes notes during a workshop © IBA 2016

The IBAHRI would like to thank its partners, supporters and funding bodies without whom the IBAHRI would be unable to carry out its work. The IBAHRI acknowledges the generous financial support and assistance from: Australian Embassy in Brasília, Direct Aid Programme 2015–16 IBAHRI Trust IBA Professional and Public Interest Division Activity Fund IBA Special Projects Fund Foreign and Commonwealth Office, Bilateral Programme Budget, Azerbaijan 2015–16 Foreign and Commonwealth Office, Human Rights & Democracy Fund 2015–16 Foreign and Commonwealth Office, Magna Carta Fund for Human Rights & Democracy 2016–17 National Endowment for Democracy Open Society Foundations, Eurasia Programme Swedish International Development Cooperation Agency United States Agency for International Development, Promoting the Rule of Law Project We would also like to extend our gratitude to all judges, lawyers, prosecutors and academics who participated pro bono in the IBAHRI’s work in 2016, sharing their experience and expertise with colleagues across the globe.

All IBAHRI activities are funded by grants and individual donations. To help support our projects, become a member for just £40 a year – less than £4 a month. Visit www.ibanet.org/IBAHRI.aspx for more information, and click ‘join’ to become a member. Alternatively, email us at [email protected].


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Meet the team

Dr Phillip Tahmindjis AM Director Phillip has degrees in Arts and Law from the University of Sydney, a Master of Laws degree from University College London, and a Doctorate from Dalhousie University, Canada. Admitted to the Bar of New South Wales in 1978, Phillip was for 25 years a professor of human rights, teaching and researching in Australia, North America and Hong Kong. He has been a consultant to private industry and government with respect to the implementation of human rights (particularly with respect to anti-discrimination measures) and is the editor of four books and the author of several articles in this area, including Sexuality and Human Rights: A Global Overview. At the IBAHRI, he has undertaken projects in Afghanistan, Bhutan, Cambodia, Iraq, Libya, Nepal, Pakistan, Swaziland, Syria, Timor-Leste and Tunisia. He was for three years a member of the Queensland Anti-Discrimination Tribunal and is a trained mediator. In September 2012, Phillip was appointed a Member of the Order of Australia (AM) for services to the international community and the law, in particular for his contributions to, and advocacy in respect of, the promotion and protection of human rights.

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Alex Wilks Principal Programme Lawyer (–May 2016) Alex is a UK-qualified lawyer and has experience in domestic and international human rights litigation. He has been a parliamentary legal officer in the UK House of Lords, advising on human rights issues and international law, and between 2007 and 2008 was the IBA Legal Specialist in Afghanistan, where he worked to establish Afghanistan’s first national bar association. At the IBAHRI, Alex covered the Latin American region as well as Bahrain, Sri Lanka and Timor-Leste. He also led on monitoring and evaluation and impact assessment for IBAHRI activities. Alex speaks French, Portuguese and Spanish and has an LL.M in International Human Rights Law from the University of Essex, UK.

Muluka Miti-Drummond Senior Programme Lawyer At the IBAHRI, Muluka is responsible for managing a range of country-specific and thematic programmes, which include heading the IBAHRI’s engagement in Myanmar and Sub-Saharan Africa, coordinating the work of the Task Force on the Enjoyment of Rights by Persons with Albinism and managing the IBAHRI’s representation at the UN in Geneva. She holds an LL.M in International Law from the University of Pretoria and an MSc in Development Management from the Open University, and was previously the Regional Advocacy Director at the Southern Africa Litigation Centre (SALC). She has also worked as the Researcher for Portuguese and Spanish Speaking African Countries at Amnesty International, a consultant for the International Organisation for Migration and as a Legal Expert at the Universidade Católica de Moçambique (UCM). Muluka speaks Portuguese and Spanish.

Shirley Pouget Senior Programme Lawyer (–March 2016) Shirley has over ten years’ international experience as a rule of law and human rights practitioner, leading high-level capacity-building programmes, fact-finding missions, trial observations and advocacy and research projects. She is currently reading for an LL.M on International Corporate Governance, Financial Regulations and Economic Law and holds a PGDip in Rule of Law and Democratisation, a French Maîtrise in International Public Law and an LL.B. Shirley’s previous positions include: cabinet member for the French local government; Programme Director with Ensemble Contre La Peine de Mort (ECPM); and Legal Officer with the Burma Lawyers’ Council. At the IBAHRI, Shirley covered both country-specific and thematic programmes, including heading the IBAHRI’s engagement in Myanmar, business and human rights projects, and the IBAHRI’s representation at the UN in Geneva. She has authored and co-authored published reports on international justice and the death penalty.


Veronica Hinestroza Senior Programme Lawyer Veronica manages the IBAHRI’s work in Latin America and Timor-Leste. Over the last 14 years she has worked on a wide range of human rights projects and programmes with different organisations, including the International Center for Transitional Justice, the International Criminal Court, the former United Nations Special Rapporteur on the Right to the Highest Attainable Standard of Health, the World Bank, the Overseas Development Institute, Impunity Watch, Redress and the Center For Justice and International Law. Her previous work has included the evaluation of justicerelated projects implemented by organisations like the Norwegian Refugee Council, UN Women, and the Organisation of American States Mission in support of the peace process in Colombia. Veronica was a researcher and lecturer on transitional justice at the Universidad Externado de Colombia. She has published works on women’s empowerment, the links between development and human rights, child soldiers, international tribunals and reparations. She holds a BA in Government and International Relations, an MA in Development Studies, and an LL.M in International Human Rights Law from the University of Essex. Veronica speaks Spanish and Portuguese.

Chara de Lacey Programme Lawyer (–November 2016)

Eka Iakobishvili Programme Lawyer (–October 2016)

Mahmuda Ali Manager, Programmes and Grants Administration

Chara managed the IBAHRI’s extensive judicial reform project in Tunisia and the programme work on women’s rights in Darfur. Before joining the IBAHRI, Chara headed a legal education programme on the intersection of law and international development and worked as a consultant for Global Witness, a Londonbased NGO, conducting research into financial transparency and listed companies. She has worked in Sierra Leone on a law reform project relating to freedom of expression and access to information, and with UNICEF to conduct a monitoring and evaluation assessment of development projects. Chara is a UK-qualified lawyer. She studied International Human Rights Law and Practice at the London School of Economics and speaks French, Spanish and some Arabic.

Eka joined the IBAHRI in 2015 as a human rights law specialist and managed IBAHRI programmes in Europe and Central Asia, including projects in Azerbaijan and Tajikistan. Her work also covered the thematic programme on sexual orientation, gender identity and human rights. Eka previously worked for the Eurasian Harm Reduction Network, managing human rights programmes, and with the UN Office on Drugs and Crime, to manage and undertake research on access to justice for prisoners with drug-related offences in Central and West Asia. Eka has published a number of papers, including on gender violence and law reform in Europe and Central Asia, women and drug-related offences in Europe and Central Asia, and legislative issues on torture, inhuman treatment and punishment. She is currently studying for her PhD in International Human Rights Law at the University of Essex, UK. Eka is fluent in both Russian and Georgian.

Mahmuda heads the IBAHRI grant project coordination and fundraising team. Mahmuda is responsible for the organisation of fact-finding and rapid-response missions, trial observations and IBAHRI trainings and workshops, which take place worldwide. She supports legal specialist placements, consultancies and the recruitment of IBAHRI staff. In 2016, Mahmuda became a Trustee of the International Law Book Facility (ILBF) following ten years as the IBA’s representative to the UK law book recycling charity, which is also supported by senior members of the UK judiciary and partner organisations, including LexisNexis and Clifford Chance. Mahmuda studied law at London Guildhall, holds a BA (Hons) in History from Goldsmiths’ College, University of London, and is a Fellow of the Salzburg Global Seminar on Islamic Law. Before joining the IBA in 2003, Mahmuda worked for the Medical Foundation for the Care of Victims of Torture in London, the British Council, UK and Amnesty International, Oslo.


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Anna-Maria Balntas Programme Coordinator

Aurora Garcia Programme Administrator

Giovanna Park Programme Administrator

Alex Nelia Grants Coordinator

Anna-Maria’s responsibilities include overseeing trial observations, coordinating the IBAHRI intervention letter programme and managing the IBAHRI’s legal internship programme. She also provides general support to IBAHRI programmes and the IBAHRI Director, and coordinates the Institute’s participation in IBA annual conferences. Anna-Maria holds an LL.B with French from the University of Leeds and an LL.M in Human Rights Law and Public Law from University College London, where she focused on international human rights law and equality law. She has also completed the Bar Professional Training Course and is a member of Gray’s Inn. Prior to joining the IBAHRI in 2013, Anna-Maria ran a nation-wide legal education programme at a citizenship education charity and has also interned at The Bar Pro Bono Unit.

Aurora joined the IBAHRI in 2009. She coordinates IBAHRI trial observations and factfinding missions, as well as the implementation of training and capacity-building programmes. She also provides administrative and logistical support to the team and international legal specialists. Further to this, Aurora supports the IBAHRI’s financial grant reporting and budget creation for funding proposals. Aurora has a BA in Tourism from the University of Girona and a Masters in Secretarial Management from Secretaria Plus in Barcelona. She has also completed Florida State University’s International Human Rights Law course. In 2016, Aurora attended training on EU funding and travelled to Mexico to assist in the organisation of the IBAHRI-OHCHR training programme. Aurora is fluent in Spanish and Catalan.

Giovanna joined the team in 2015 to provide support to the IBAHRI projects. Giovanna coordinates the implementation of the IBAHRI’s capacity-building programmes, fact-finding missions and trial observations, as well as supporting the IBAHRI’s legal specialist programmes. She also creates budgets for new funding proposals and supports financial grant reporting to donors. Prior to working at the IBAHRI, Giovanna was a project coordinator for a National Health Service development organisation, and holds the PRINCE 2 qualification in project management. Giovanna holds a degree in Spanish and Italian from Leeds University, which included modules on human rights as well as study in Florence, Italy and Valencia, Spain. Giovanna is fluent in Spanish and Italian.

Alex is responsible for developing relationships with the IBAHRI’s funders, including trusts, foundations and institutional donors. She works with the IBAHRI Programme Lawyers and the IBAHRI Programme Administrators to design and articulate the IBAHRI’s project proposals. Prior to joining the IBAHRI, Alex worked at the John Smith Trust and for the Open Society Foundations European Council on Foreign Relations. She holds a Bachelor of Laws from King’s College London and has a Certificate of Higher Education in Legal Methods from Birkbeck University. Alex is a contributor to the Bulletin of the European Human Rights Advocacy Centre. Alex speaks Polish.

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Leonie Girard Creative Artworker Meg Weddle Content Editor (August 2016–present) Isobel Souster Content Editor (March 2015–July 2016) Alfonso Redondo Communications Coordinator

Richard Atkin Grants Accountant

Alfonso joined the IBAHRI in 2014. He is responsible for all aspects of the IBAHRI’s external communications. This includes the maintenance of the IBAHRI’s webpages and social media channels, producing and distributing news releases, newsletters and other multimedia content, and coordinating profileraising events. Alfonso has a BA in Sociology and Journalism from Cardiff University as well as an MSc in International Public Policy from University College London. He speaks Spanish, French and German.

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

Bre Graham Junior Content Editor (July 2016–present) Sophie Phythian Junior Content Editor (March 2015–July 2016) Olivia Crawford Communications Intern (October 2016–December 2016) Tom Maguire Web and Multimedia Editor Romana St Matthew-Daniel Press Officer Helen Ugwu Intern Programme Manager © International Bar Association 2017 Front cover: Legal professionals from EasternEurope and Central Asia take part in a consultation with the United Nations Special Rapporteur on the Independence of Judges and Lawyers © IBA 2016

International Bar Association 4th Floor, 10 St Bride Street London EC4A 4AD Tel: +44 (0)20 7842 0090 Fax: +44 (0)20 7842 0091 Email: [email protected] www.ibanet.org/IBAHRI.aspx @IBAHRI /IBAhumanrights International Bar Association’s Human Rights Institute Annual Review 2016

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2016 interns

IBA interns, January 2016 © IBA 2016

We are extremely grateful to all interns who participated in the 2016 internship programme, providing a remarkable contribution in supporting the IBAHRI staff and projects.

Francisco Alfonzo

Nicholas Giovanni Bush

Isabella Mosselmans

Carmen Sinclair

Caroline Armstrong Hall

Olivia Crawford

Katie Murray

Gemma Sunyer

Monica Barrios

Astha Dhanda

Leen Najjab

Abigail West

Hilina Berganu Degefa

Eloise Flaux

Amparo Santiago

Alison Wong

Laura Blanco

Nadeshda Jayakody

Eva Sibanda

Emily Wright

Laura Bol

Ailsa McKeon

Liemertje Sieders

Nyangala Zolho

IBAHRI interns are based in the IBA London office on voluntary placements and work on a range of research and IBAHRI programmatic tasks. To find out more about the IBAHRI internships and how to apply, visit: tinyurl.com/IBA-InternshipProgramme

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Glossary of terms ABA

Almaty Bar Association

IGI

IBA Global Insight

AM

Member of the Order of Australia

ILAC

International Legal Assistance Consortium

AMB

Magistrates Association of Brazil

ILAM Independent Lawyers’ Association of Myanmar

APT

Association for the Prevention of Torture

CEDAW

Convention on the Elimination of all Forms of Discrimination against Women

CEELI

Central and Eastern European Law Initiative

ILGA

International Lesbian, Gay, Bisexual, Trans and Intersex Association

JSMP

Judicial System Monitoring Program

LGBTI

lesbian, gay, bisexual, trans and intersex

CESCR Committee on Economic, Social and Cultural Rights

LPD

Legal Practice Division

CESR

Center for Economic and Social Rights

MENA

Middle East and North Africa region

CLE

Continuing Legal Education

NGO

non-governmental organisation

CNJ

Conselho Nacional de Justiça (National Justice Council of Brazil)

OHCHR

Office of the United Nations High Commissioner for Human Rights

DIGNITY

Danish Institute Against Torture

PPID

Public and Professional Interest Division

ECPM

Ensemble Contre La Peine de Mort (Together against the Death Penalty)

QC

Queen’s Counsel

RBC

Republican Bar Collegium

ECtHR

European Court of Human Rights SALC

Southern African Litigation Centre

ENFAM

Escola Nacional de Formação e Aperfeiçoamento de Magistrados (Central Brazilian Judges Training School)

SDGs

Sustainable Development Goals

SOGI

sexual orientation and gender identity

FES

Friedrich-Ebert-Stiftung

FLASCO

Facultad Latinoamericana de Ciencias Sociales (Latin American Social Sciences Institute)

SOGIESC

sexual orientation, gender identity and expression, and sex characteristics

UK

United Kingdom

GBA

Geneva Bar Association UN

United Nations

HRHN

Human Rights House Network UNHRC

United Nations Human Rights Council

IBA

International Bar Association

IBAHRI


ICC

International Criminal Court


UNICEF United Nations International Children’s Emergency Fund UPR

Universal Periodic Review

US

United States

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www.ibanet.org/IBAHRI.aspx

@IBAHRI

/IBAhumanrights