Mar 5, 2018 | News
The ICJ has welcomed last Thursday’s judgment of the Pretoria High Court which declares the South Africa’s involvement in shutting down the South African Development Community Tribunal “unlawful, irrational, arbitrary and therefore unconstitutional”.
ICJ’s Africa Director, Arnold Tsunga described the judgment as a “triumph for the rule of law in Southern Africa and an opportunity for governments in the SADC region to commit to immediate restoration of the Tribunal”.
The SADC Tribunal has been inactive since 2012, when SADC Member States suspended its operations and removed individual access to the Tribunal, including in cases involving human rights violations.
The action was widely seen as a backlash for several judgments against Zimbabwe in relation to land programmes implemented during the administration of former President Robert Mugabe.
In a unanimous judgment delivered by High Court Judge President D Mlambo, the Court held that “any act which detracted from the SADC Tribunal’s exercise of its human rights jurisdiction at the instance of individuals, was inconsistent with the SADC Treaty itself and violated the rule of law”.
Describing former President Zuma’s decision to sign the replacement 2014 Protocol of the SADC Tribunal as one such act, the Court held that the rule of law in South Africa’s constitutional dispensation required prior Parliamentary approval for the Executive to lawfully participate in a decision to curb the powers of the Tribunal or withdraw South Africa from its obligations under the SADC Treaty and the Protocol establishing the Tribunal.
“A restoration of the SADC Tribunal to its original character will facilitate individual access to a much needed accountability mechanism and greatly enhance regional confidence in human rights and the rule of law”, said Arnold Tsunga.
In line with articles 14 and 15 of its 2000 Protocol, the SADC Tribunal had exercised supervisory jurisdiction over the human rights commitments of SADC Member State under the SADC Treaty.
The ICJ called on the governments of Southern Africa’s other 14 SADC Member States to take immediate and concrete steps to restore the SADC Tribunal and recommit to rebuilding, staffing and funding it to ensure its effectiveness.
Contact
Arnold Tsunga, ICJ Africa Director; t: +27716405926, or +254 746 608 859 ; e: arnold.tsunga(a)icj.org
Solomon Ebobrah, Senior Legal Adviser, ICJ Africa Regional Programme, t: +234 8034927549; e: solomon.ebobrah(a)icj.org
Feb 23, 2017 | Advocacy, Open letters
The ICJ joins South Sudanese, regional and other international non-governmental organizations in a joint letter urging the Human Rights Council to renew and strengthen the mandate and capacity of the UN Commission on Human Rights in South Sudan.
Action is needed to address the continued lack of accountability for severe, widespread and on-going crimes under international law and human rights violations and abuses, many of which amount to war crimes and crimes against humanity, during the upcoming 34th session of the UN Human Rights Council (UN HRC).
South Sudan-letter HRC34-Advocacy-Open letters-2017-ENG (full text in PDF)
Dec 14, 2016 | Advocacy, Non-legal submissions
The ICJ today joined other NGOs in calling on the UN Human Rights Council to take bold and decisive action to address the grave situation in South Sudan.
The statement, made during a Special Session of the Human Rights Council, convened on an urgent basis to discuss the situation in South Sudan, underscores the negative consequences of continuing impunity and lack of accountability, and calls among other things for the Human Rights Council resolution to be adopted that would:
· Support a strengthened mandate and capacity of the UN Commission on Human Rights in South Sudan to investigate serious violations of human rights and humanitarian law and identify alleged perpetrators, with a special focus on sexual and gender based crimes.
· Request that the report of the UN Commission is transmitted to the UN Security Council for consideration and further action.
· Urge that all states encourage further concrete action to prevent a further escalation of violence and conflict, and to deter and address these on-going violations of international human rights and humanitarian law at the UN Security Council, including sanctions and the imposition of a comprehensive arms embargo.
· Urge the African Union to take immediate steps to establish the hybrid court for South Sudan provided for in the 2015 peace agreement.
The Human Rights Council ultimately adopted, without a vote (i.e. by consensus), a resolution that includes many of these elements (final text not yet available).
The full statement can be downloaded in PDF format here: un-jointstatementsouthsudan-advocacy-2016
It was delivered by Human Rights Watch on behalf of:
- Amnesty International
- Association for Human Rights in Ethiopia
- Defend Defenders
- Human Rights Watch
- Humanity United
- International Commission of Jurists
- International Refugee Rights Initiative
- International Service for Human Rights
- National Coalition of Human Rights Defenders Uganda
- Pan-African Human Rights Defenders Network
- South Sudan Human Rights Defenders Network
Feb 26, 2016 | Advocacy, Open letters
The open letter, which includes additional recommendations for a resolution on South Sudan to be adopted at the 31st ordinary session of the Human Rights Council (29 Feb – 24 Mar) is available here: Open Letter South Sudan
Jun 25, 2014 | Advocacy, Non-legal submissions
The ICJ made an oral statement at the UN Human Rights Council, highlighting a severe lack of domestic judicial capacity, and the large needs for justice in relation to gross violations and international humanitarian law, as well as ordinary civil and criminal matters, in South Sudan.
The ICJ reported in 2013 that, notwithstanding substantial legal reforms, the justice system in South Sudan was so under-resourced that statutory courts were effectively unavailable to a large majority of the population. Further, judicial appointment procedures were insufficiently independent or transparent to satisfy international standards. Customary courts have a greater presence, but rightly do not have criminal jurisdiction, and further do not meet international standards as regards, for instance, institutional guarantees for independence and impartiality.
In addition to the difficulties most residents already faced in accessing justice, the conflict has resulted in gross violations of human rights and international humanitarian law. South Sudan must ensure effective remedy and reparation for victims of such violations, and that anyone reasonably suspected of responsibility is investigated and, if there is sufficient evidence, prosecuted. At the same time, it must fulfill the fair and effective administration of ordinary civil and criminal justice.
Particularly given the scale and gravity of the violations, the South Sudanese justice system simply does not have the capacity to bear this burden, at least not alone. In addition to building the capacity of the domestic judiciary, it is clear that an international criminal tribunal, preferrably the International Criminal Court, will need to play a key role. Other states, too, will have to exercise all grounds of jurisdiction at their disposal, and deliver effective mutual legal cooperation.
The ICJ considers that the lack of an effective, independent and impartial court system in South Sudan may well have contributed to the rapid deterioration of the situation over the past months. Building an independent and impartial justice system in which all residents of South Sudan can have confidence is essential to preventing recurrence of the violations in the future.
HRC26-Oral statement on SouthSudan-Advocacy-non legal submission-2014 (full statement in PDF)
