Zimbabwe: case management consultation for national prosecuting authority

Zimbabwe: case management consultation for national prosecuting authority

The National Prosecuting Authority (NPA) held a consultation conference on case and docket management system in Harare on 21 March 2017. The ICJ provided technical support.

The consultation conference was intended to validate findings of the field and desk research conducted in respect of case management in Zimbabwe.

The ICJ engaged consultants reviewed the case and docket management system as it relates to other justice actors such as the judiciary, police, prisons and legal aid providers.

The case and docket management assessment was measured against regional and international comparative standards.

The assessment focused on how case and docket management systems address the rights of vulnerable groups’ including women, unrepresented minors, juveniles and persons with disabilities.

From these consultations and field work, the NPA will be supported with a comprehensive, specific and detailed proposal with practical steps for adopting an improved case and docket management system.

Further, the findings will make recommendations on strengthening the case management system in Zimbabwe and how to address the needs and interests of the various justice sector stakeholders.

The consultation conference was attended by the Acting Prosecutor General, Deputy Prosecutor General, National Director of Public Prosecutions, senior law officers, senior magistrates, clerks (criminal courts), representatives from Zimbabwe Prisons and Correctional Services (ZPCS), Zimbabwe Republic Police (ZRP), and Zimbabwe Human Rights Commission (ZHRC).

Civil society representatives included directors and senior staffers from Zimbabwe Human Rights NGO Forum, Zimbabwe Lawyers for Human Rights (ZLHR) among others.

This consultation was held with financial support from the Foreign Commonwealth Office (FCO) Magna Carta Fund, through the British Embassy in Harare.

Contact

Arnold Tsunga, ICJ Regional Director for Africa, t: +27 716 405 926, e: arnold.tsunga(a)icj.org

Southeast Asian Judges adopt Guidance on applying a gender perspective in their work

Southeast Asian Judges adopt Guidance on applying a gender perspective in their work

The ICJ today published a General Guidance aimed at assisting judges and others in the justice sector to effectively incorporate a gender perspective in their work.

The General Guidance is especially significant as it reaffirms that customs and traditions should not be invoked to justify discrimination against women.

The Bangkok General Guidance for Judges in Applying a Gender Perspective was discussed and adopted by judges from Philippines, Thailand, Timor Leste, and Indonesia, at a gathering in Bangkok from 24 to 25 June 2016, hosted by the ICJ and UN Women.

During the workshop, judges from the four Southeast Asian countries deliberated extensively how best to assist judges in employing a gender perspective in deciding cases before them.

“The Bangkok General Guidance can make a powerful contribution towards achieving gender equality under the law in Southeast Asia,” said Sam Zarifi, Regional Director for Asia and the Pacific at the ICJ. “It is crucial that judges now work to implement this General Guidance in their home countries.”

The idea to initiate the development of th Bangkok General Guidance emerged from the ASEAN Regional Dialogue on Judging with a Gender Perspective, which was held in Jakarta, Indonesia in 2015.

The Supreme Court of the Philippines offered to take the lead on the project during that regional judicial dialogue.

“Women have a right to equal treatment and equal protection and non-discrimination under the law. It is our responsibility as judges to ensure that women receive equal treatment in law and in practice,” said Justice Teresita de Castro of the Supreme Court of the Philippines.

Judges attended several sessions over the course of the two-day workshop, participating in exercises focused on identifying and addressing gender stereotypes.

“Women in the region face many obstacles in accessing justice,” said Roberta Clarke, Regional Director for Asia and the Pacific at UN Women.

“But judges may be either unaware of these issues or unsure how to address these issues through the legal process,” she added.

The Bangkok General Guidance will make judges aware of means to consider evidence without resorting to gender stereotypes and decide cases based on the principle of equality recognized under international human rights standards, including the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW).

Recommendations for institutional policies that should be adopted by courts to help them become more gender sensitive and gender responsive are also set out in the General Guidance.

Contact:

Emerlynne Gil, Senior International Legal Adviser for Southeast Asia, t: +66840923575 ; e: emerlynne.gil@icj.org

Southeast Asia-Bangkok-Guidance-Advocacy-2016-ENG (full PDF, in English)

Southeast Asia-Bangkok-Guidance-Advocacy-2016-BUR (full PDF, in Burmese)

Southeast Asia-Bangkok-Guidance-Advocacy-2016-MON (full PDF, in Mon language)

Southeast Asia-Bangkok-Guidance-Advocacy-2016-SHAN (full PDF, in Shan language)

Africa: Measures needed to enable women’s access to justice for gender based violence

Africa: Measures needed to enable women’s access to justice for gender based violence

On 10-11 December, the ICJ gathered leading jurists and human rights defenders in Harare, Zimbabwe to discuss measures needed to implement legal reform and change attitudes to eliminate sexual and gender based violence.

For International Human Rights Day (10 December), the ICJ organized high level panel discussions, chaired by ICJ Commissioner Justice Qinisile Mabuza.

Justice Mabuza, who is also a judge for the High Court of Swaziland and for the Common Market for Eastern and Southern Africa (COMESA) Court of Justice, set the tone for the discussions that followed in setting out the extent of the problem of sexual and gender based violence not only within Africa but also on a global scale.

One panel consisted of Judge Lillian Tiabtemwa-Ekrikubinza, Supreme Court Judge of Uganda; Magistrate Asha Ramlal of South Africa; Judge Lavender Makoni, High Court Judge of Zimbabwe; and Magistrate Polo Banyane from Lesotho.

This panel provided a judicial perspective from magistrates and judges from across the region, sharing their experiences and common problems encountered in tackling sexual and gender based violence in their jurisdictions.

The judges spoke about the need to adopt a gender analysis in judicial decision-making and to be conscious of the way in which pervasive gender stereotypes can influence even seemingly gender neutral decisions.

They also spoke of the practicalities in implementing domestic violence and sexual offences legislation as well as the challenges involved when this legislation does not exist.

Welekazi Stifole from Tshwaranang Legal Advocacy Centre; Kelvin Hazangwi from Padare (Men’s Forum on Gender) and Lisa Gormley, ICJ Consultant on women’s rights participated in a second panel.

The participants shared their perspectives and insights concerning reviewing legislation, identifying problems with evidence gathering, analyzing the international and regional frameworks covering gender based violence and in working with perpetrators and within communities to change cultural attitudes.

The second day of the gathering featured a consultative meeting on the ICJ’s forthcoming Practitioner’s Guide on Women’s Access to Justice for Gender-Based Violence.

ICJ expert consultant Lisa Gormley presented the Guide and participants shared their experiences in relation to its content, as well as developing strategies for its future implementation.

Representatives of civil society, judges, lawyers and law students participated in both events, contributing to a broader understanding of sexual and gender based violence issues and strengthening national and international networks of defenders of women’s rights.

 

Rights groups and the Indonesian Supreme Court convene regional judicial dialogue on judging with a gender perspective

Rights groups and the Indonesian Supreme Court convene regional judicial dialogue on judging with a gender perspective

Judges and representatives of judicial training institutions from 9 countries across Southeast Asia gathered in Jakarta, Indonesia, to discuss how judicial decision-making can be further strengthened from a gender perspective.

A two-day event (5-6 October 2015), this judicial dialogue, entitled Regional Judicial Dialogue on Judging with a Gender Perspective, was organized by the ICJ, in collaboration with the Supreme Court of Indonesia and UN Women.

Participants discussed key topics such as initiatives of various courts in Southeast Asia that promote and protect women’s human rights, what are gender stereotypes and how gender stereotyping could be avoided in judicial decisions.

Speakers from the Supreme Court of Mexico were invited to speak about the initiative taken by the judiciary in the country to establish a protocol on judging with a gender perspective.

Senior judges from courts in Southeast Asian countries attended the event: Justice Dr. Takdir Rahmadi of the Supreme Court of Indonesia, Justice Suntariya Muanpawong, Chief Judge of the Research Division of the Supreme Court of Thailand; Justice Teresita De Castro of the Supreme Court of the Philippines, Justice Maria Natercia Gusmao Pereira of the Court of Appeal of Timor Leste; and Ms. Natalia Calero Sanches and Ms. Macarena Saez of the Mexican Supreme Court.

This dialogue is aimed at strengthening the participants’ ability to make decisions based on the rights to equality and freedom from discrimination.

UN Women also launched an online interactive platform that seeks to enhance dialogue among judges, prosecutors, court personnel, judicial training institutions, women’s machineries, scholars and other experts in the region.

The platform called, “Equality for All: community of change makers”, will enable users to access tools such as e-discussion forums, blogs and quick fact sheets that offer tailored learning solutions.

UN Human Rights Council: Egypt and others’ initiative to “protect the family” bodes ill for family members’ human rights

UN Human Rights Council: Egypt and others’ initiative to “protect the family” bodes ill for family members’ human rights

Joint statement by the ICJ and Amnesty International after a group of States, led by Egypt, proposed a resolution on “protection of the family” at the ongoing 29th regular session of the UN Human Rights Council.

Bangladesh, Belarus, China, Cote d’Ivoire, Egypt, El Salvador, Mauritania, Morocco, Qatar, the Russian Federation, Saudi Arabia and Tunisia have submitted a seemingly innocuous draft resolution (A/HRC/29/L.25) that, in fact, underhandedly seeks to divert the Council from its institutional mandate focused on the effective promotion and protection of the human rights of the individuals towards protecting the purported rights of a social institution, namely, “the family”.

The full statement can be downloaded here: Universal-ICJ+AI statement on protection of the family-Advocacy-2015-ENG (in PDF)

Translate »