RIGHTS NOW - ABA Center for Human Rights - December 2014

RIGHTS NOW / December 2014

ABA Center for Human Rights / DONATE

American Bar Association / Washington, DC

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Chair’s Message / Deborah Enix-Ross

As 2014 draws to a close, it’s natural to reflect upon the year’s events, both personal and

professional, and look ahead to the promise of a new year. For human rights lawyers

and advocates, 2014 was momentous, with historic gains in, for example, marriage

equality; yet we also saw new levels of horrific mass violence. Indeed, hard-won

progress in human rights advocacy often seems incremental, even imperceptible, while

jarring setbacks can make the whole enterprise seem futile. As we embark on 2015, we

choose again to keep at it — to confront human darkness with ultimate faith in what

Lincoln called “the better angels of our nature.” With that faith in mind, my colleagues

and I at the ABA Center for Human Rights wish you and yours a happy and restorative

holiday season. – DER

Justice Defenders Program Victorious in African Human Rights Court

Lohé Issa Konaté is a journalist who was jailed and fined under Burkina Faso’s criminal

defamation laws for alleging corruption by a public prosecutor. With the pro bono

assistance of Covington & Burling, CHR’s Justice Defenders Program and regional and

international organizations filed a brief as amici curiae in the African Court on Human

and People’s Rights. On December 5, 2014, the Court held unanimously that any

custodial sentence relating to defamation is inconsistent with the African Charter on

Human and Peoples’ Rights and the International Covenant on Civil and Political Rights,

and referenced the amici’s assertion that such laws are an “obstacle to efforts aimed at

ensuring accountability and transparency of government action.” The Konaté ruling is

binding on African Union member states and an historic step toward securing freedom

of speech across the continent. (For more information, contact Ginna Anderson, CHR

Senior Counsel, at ginna.anderson@americanbar.org.)

ABA-ICC Project Hosts Event at ICC Assembly of States Parties in New York

On Dec. 11, 2014, the Center’s ABA-ICC Project and the Council on Foreign Relations

(CFR) co-sponsored an event entitled, 
"Prosecuting Sexual and Gender-Based Violence: New Directions in International Criminal Justice," 
featuring ICC Prosecutor Fatou Bensouda and Amb. David Scheffer, the UN Secretary-General’s Special Expert on UN Assistance to the Khmer Rouge Trials and former U.S. Ambassador at-large for War

Crimes Issues. They examined how policymakers can better combat sexual and genderbased

violence in conflict, including through the promotion of international criminal

justice.

ICC President, Colleagues Examine Criminal Justice and Human Rights

On Dec. 10, 2014, the International Criminal Justice Consortium (of which the ABA is a

founding member), the Kingdom of the Netherlands, and the Municipality of The Hague,

International City of Peace & Justice, co-sponsored an event in New York City examining

the importance of international criminal justice to advancing human rights. The event

featured keynote remarks by Judge Sang-Hyun Song (South Korea), President of the

International Criminal Court, who emphasized the potential deterrent effect of

international criminal justice to future mass human rights abuses; the right to justice for

victims of these crimes; and, to secure both, the need for a swift and effective criminal

justice system. Song then joined a panel discussion on how to make atrocity

accountability more effective and efficient in multiple types of jurisdictions. His copanelists

were Hon. Patricia Whalen (USA), Special advisor to and former international

judge of the War Crimes Chamber at the Court of Bosnia and Herzegovina; Brahmy

Poologasingham (Sri Lanka), Director of Advancement & Counsel, Eastern Congo

Initiative; Matevz Pezdirc (Slovenia), Head of EU Genocide Network Secretariat,

Eurojust; and Linda Carter (USA) (moderator), Distinguished Professor of Law at the

University of the Pacific McGeorge School of Law and Director of Pacific McGeorge

Institute for Legal Infrastructure and International Justice. The Center’s ABA-ICC Project

helped organize the event.

ABA President Addresses Judicial Independence in Timor-Leste

Earlier this month, President William C. Hubbard noted with concern that Timor-Leste

had ordered the termination of all international judicial personnel and advisors working

in the Timor-Leste judicial sector. The ABA supports the call of Gabriela Knaul, the

United Nations Special Rapporteur on the Independence of Judges and Lawyers, that

Timor-Leste officials initiate a dialogue with relevant partners to address the situation

and map an appropriate way forward in compliance with Timor-Leste’s constitutional

and international human rights obligations. (Read full statement)

ABA Establishes International Human Rights Award

In November the ABA Board of Governors approved the establishment of an ABA

International Human Rights Award. The annual award will honor an entity or individual

who has made a special contribution in the area of human rights outside the United

States. Nominees will be vetted, and awardees, selected, by a joint committee

comprised of representatives of the Center for Human Rights, the Section of

International Law, the Section of Individual Rights and Responsibilities, and the Rule of

Law Initiative. (Note that the ABA honors domestic human rights advocacy with the

Thurgood Marshall Award, among others.)

Massimino to Keynote CHR Luncheon at ABA Midyear Meeting in Houston

Elisa Massimino, President and CEO of Human Rights First (HRF), will deliver the keynote

remarks at the Center’s Human Rights Luncheon, at the ABA Midyear Meeting in

Houston, Texas, on February 9, 2015. Held annually at the Midyear Meetings, the

luncheon welcomes more than 100 ABA leaders, members, and guests to learn more

about the Center’s work and that of another prominent leader in the field. Among the

topics Massimino will address are U.S. immigration policy and HRF’s related decision to

open a Houston office.

CHR, IBA, AU Law to Host Joint Conference on Business and Human Rights

On April 23-24, 2015, the ABA Center for Human Rights, the International Bar

Association-North America, and the Center for Human Rights and Humanitarian Law of

the American University Washington College of Law, will co-host a conference on

“Business and Human Rights: The State of the Art.” The conference will feature leaders

from business, government, and civil society examining current trends and recurring

challenges associated with the responsibility of business enterprises to respect human

rights, as set forth in the UN Guiding Principles on Business and Human Rights; and offer

a half-day of expert-led training on integrating human rights into business operations

and practices.

CHR to Examine Legal Obligations & Obstacles to Atrocity Prevention

In response to recent mass atrocities and pursuant to ABA policy urging rapid and

effective responses to them, the Center is developing a white paper examining the legal

obligations and obstacles to humanitarian intervention. The paper will be the first

product of the Center’s Atrocity Prevention and Response and Advisory Group and will

contribute to a multidisciplinary analysis being conducted by the Council on Foreign

Relations.

“As secretary of state, I saw the contribution that the ABA

makes around the world. The search for justice drives people

to stand up against dictatorship, corruption, and

oppression. Rule of the law is the most powerful tool in

human history to deliver this justice.”

— Hillary Rodham Clinton

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The Center for Human Rights, part of the ABA’s charitable

Fund for Justice and Education, relies on your tax-deductible

support to carry out its work! Contributions in any amount

are welcome and may be made via the red DONATE link or

the CHR website (www.americanbar.org/humanrights).

Thank you.

RIGHTS WIN.

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ABA Center for Human Rights’ Justice Defenders Program Fights for “SwaziJustice”

The ABA Center for Human Rights defends human rights advocates from harassment.  We take down legal barriers to advocacy, mobilize the global legal community, and hold governments accountable for restricting human rights activities. Our Justice Defenders program enables advocates to work freely.

• Who:  Anyone who advocates for the protection of human rights, including attorneys, journalists, labor leaders and environmental activists, and is the subject of retaliation for his/her efforts, may request assistance. 

• What:  We provide a range of assistance, including litigation advice, legal research and drafting, trial observation, or advocacy campaigns. We identify experienced attorneys with relevant regional and linguistic expertise to support local counsel.  We provide assistance in a range of circumstances, including helping defenders charged with crimes in retaliation for their advocacy efforts or organizations that are not allowed to register. 

• When:  We can provide assistance at any stage of the legal proceedings, whether during the trial or appeal.  We also conduct advocacy campaigns on behalf of those whose trial is complete.

• Where:  The program is active around the world.  We help with litigation in national courts and in regional human rights courts.

• Why:  The Center for Human Rights is committed to promoting the just rule of law around the world.  Without human rights defenders to hold governments and non-state actors accountable for violations, the rule of law cannot prevail.  The Center’s Justice Defenders Program supports the work of human rights defenders by advocating for their fundamental rights, including access to justice, fair trial standards, and respect for freedom of association and expression. 

For updates on the Justice Defenders activities, please review the ABA Justice Defenders 2014 Program Update. One of our current advocacy campaign focuses on the detention and prosecution of a prominent human rights attorney Thulani Maseko and journalist Bheki Makhubu in Swaziland. Below is an article reproduced with permission from the ABA Center for Human Rights, which is available at: http://www.swazijustice.org/.

Two Years in Jail for Criticizing Top Swaziland Judges

October 14, 2014 

 

On the morning of Friday, July 25, 2014, prominent human rights attorney Thulani Maseko and journalist Bheki Makhubu received harsh two-year prison sentences, handed down by Judge Mpendulo Simelane in Swaziland. Maseko, a decorated human rights activist and lawyer, and Makhubu, a prominent editor and journalist, have been repeatedly detained for publishing articles that lamented continued threats to judicial independence in Africa’s last absolute monarchy.  In the articles at issue, the two criticized the prosecution of a government vehicle inspector who was arrested after he impounded a vehicle used by a top judge and associate of King Mswati III. In the sentencing, Judge Simelane stated in court that the accused were a “disgrace” and that the harsh sentences were premised on the assumption that the two were plotting “regime change” in Swaziland.

Over the course of the past several months, there have been widespread and repeated concerns about the fairness of the court proceedings, which many critics say have not met basic international standards. In particular, the “contempt of court” charge in Swaziland typically carries no custodial sentence, leaving many to conclude that the court case has deeper political motivations.

On June 12, 2014, a group of four United Nations Special Rapporteurs criticized the court’s decision, saying: “We condemn the repeated arrests, detention and trial of Mr. Maseko and Mr. Makhubu and are concerned that these may be directly related to their legitimate exercise of the right to freedom of expression,” noting that the Constitution of the Kingdom of Swaziland recognizes the rights to freedom of expression and the right to a fair trial.

Human rights organizations have expressed their concern that Swaziland is not adhering to basic international standards or their own constitution.  Freedom of expression is a fundamental human right, guaranteed in Article 24 of the Constitution of Swaziland (2005) and in the major international human rights treaties to which Swaziland is a party, including Article 19 of the International Covenant on Civil and Political Rights (ICCPR) and Article 9 of the African Charter on Human and Peoples’ Rights (African Charter). Mr. Maseko and Mr. Makhubu have the right under both the Constitution of Swaziland and well-established international law to publish their opinions concerning the administration of justice in Swaziland.

Also of grave and ongoing concern are the fundamental rights of Mr. Maseko and Mr. Makhubu to be arraigned and tried before an impartial tribunal. Article 14 of the ICCPR states that “[i]n the determination of any criminal charge against him, or of his rights and obligations in a suit at law, everyone shall be entitled to a fair and public hearing by a competent, independent and impartial tribunal established by law.” Similarly, Article 7 of the African Charter guarantees the right to be tried “by an impartial court or tribunal.”

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UPDATE: The Supreme Court of Swaziland refused to set a date to hear the substantive appeal of Maseko and Makhubu’s release during its most recent session.  Now the men must wait until the court’s next session in the Spring of 2015 for the appeal of their convictions and sentences. 

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The mission of the ABA Center for Human Rights is to develop educational programs in the field of human rights; promote a greater understanding of and belief in the importance of human rights; collaborate with other ABA entities in the development and encouragement of human rights efforts, activities and programs; and assist in the development of appropriate ABA polices on human rights issues.

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