Posts Tagged ‘litigation’

Call for Applications for Civic Space Litigation Surgery, 25-27 September in Nigeria

August 8, 2019

Robert F. Kennedy Human Rights and Open Society Justice Initiative are calling for applications from lawyers and/or members of civil society organizations based in West Africa to participate in a forthcoming litigation surgery on the protection of civic space. The litigation surgery will be held in Abuja, Nigeria from September 25 – 27, 2019. All applicants are required to submit a current or potential case involving the protection of civic space for discussion and workshopping.  The application deadline is 11 August 2019. To apply, please complete the online application form available HERE and send all required documents.
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The proposed strategic litigation surgery is aimed at considering key issues implicated in protecting civic space, particularly the protection of freedom of expression, the right to peaceful protest, assembly and association. This litigation surgery looks to support and strengthen either existing or proposed cases that are focused on defending these rights.

Criteria for participant eligibility: 

  • The litigation surgery is open to lawyers and/or members of civil society organizations working in any member state of the Economic Community of West African States (ECOWAS), including Benin, Burkina Faso, Cabo Verde, Ivory Coast, Côte d’Ivoire, the Gambia, Ghana, Guinea, Guinea Bissau, Liberia, Mali, Niger, Nigeria, Senegal, Sierra Leone, and Togo. Applicants must possess a demonstrated commitment to addressing threats to civic space in their home country through sub-regional and regional human rights litigation. Lawyers currently employed by a government institution or political party are not eligible.
  • The participants must be involved in, or considering, litigating a case or cases that address the suppression of civic space involving a violation of the rights to freedoms of expression, the right to peaceful protest, assembly, and/or association. With their application, they must submit a case that they are litigating or intend to litigate before existing human rights protection mechanisms at the sub-regional or regional levels or the national court system, which could be discussed and workshopped during the litigation surgery.
  • The following non-exhaustive list of themes are a guide for the types of cases that could be submitted with the application:
    • Suppression of peaceful protests — e.g. through excessive use of force against protesters; criminalization of protesters and organizers; legal frameworks that either prevent, restrict and/or chill protest rights generally;
    • Burdensome regulatory restrictions on civil society organizations — e.g. constraints on access to foreign funding and foreign partnerships; obstacles in registering or maintaining registration; restrictive tax laws;
  • Suppression of the media and access to information — e.g. misuse of criminal defamation laws; restricted access to the internet and social media; abuse of cyber-crimes laws; other violations that produce a chilling effect on the freedom of expression, media freedom, citizen journalism, or access to information;
  • Abuse of laws or policies in the context of countering terrorism — e.g. misuse of broad counter-terrorism laws to criminalize and/or chill legitimate activities of civic actors;
  • Impunity for threats, violence, and arbitrary detention against human rights defenders, activists, journalists, media practitioners, bloggers, social media users and other civic actors.
  • While all civic space cases will be considered, we encourage cases that touch on an intersectionality of issues and/or address untested or developing areas of human rights jurisprudence at the national, sub-regional or regional levels respectively, including:
    • Cases that highlight the role of multinational corporations in the suppression of civic space;
    • Cases that link the suppression of civic space to economic, social, and cultural rights, including in particular environmental rights;
    • Cases that demonstrate how the suppression of civic space uniquely affects women, sexual minorities, persons with disabilities, or refugees and internally displaced persons;
    • Cases that address the link between the suppression of civic space and corruption.

Other important details: The working languages for the litigation surgery will be English and French. There will be simultaneous interpretation between the two languages available to all participants. The organizers will cover the cost of airfare, visas, local transportation, accommodation, and a reasonable per diem for expenses not otherwise covered for up to about 8 selected participants.

To apply: HERE. If you have any questions regarding the litigation surgery or the application process, please email advocacy@rfkhumanrights.org.

https://rfkhumanrights.org/news/call-for-applications-civic-space-litigation-surgery-1

Angela Mudukuti, human rights defender from the Southern Africa Litigation Centre

December 28, 2015

Though positive engagement with businesses should be considered a preferred option when it comes to promoting corporate respect for human rights, sometimes the open legal confrontation of human rights violators is the only way to make progress. This is when human rights defenders such as Angela Mudukuti, a lawyer running the International Criminal Justice Programme at the Southern Africa Litigation Centre (SALC), are critically needed.  The International Service of Human Rights (ISHR) published an interview with her on 27 November 2015.ISHR-logo-colour-high

She defends a holistic approach to justice, where corporate accountability should be sought whenever businesses are involved in violations, regardless of the sectors or human rights affected.  And in cases of complicity in war crimes, genocide or crimes against humanity, she says “corporate accountability is important to all the victims”.

Given the weighty consequences they face if their responsibility for such gross violations is revealed, Angela’s experience is that corporate entities are mostly reluctant to facilitate engagement with human rights defenders, making litigation procedures the only way to ensure transparent investigation and accountability. Yet, suing companies and especially major corporations for complicity in gross human rights violations can prove to be dangerous, even for the best-trained defenders. “We work regionally and so we often face regional and local threats. For example: infiltration into your information databases; other security threats which can be physical in nature… corporate entities … have the ‘muscle’ to intimidate you and they will seize any opportunity to do so…

Angela and other members of the SALC team have also experienced personal threats, but she remains positive, seeing these challenges as an “indication that you are doing the right thing” and a part of the burden carried by most human rights defenders in the world. She also highlights that threats do not come only from corporate or government entities, but also from “individuals who disagree” with the work she is doing.

Other practical obstacles can impede SALC’s human rights work such as a lack of access to information to build proper advocacy, and resistance from legal administrative bodies. Yet, this does not prevent SALC from extending their litigation work into advocacy, which is jointly conducted with local organisations throughout Southern Africa: “The first thing is to decide if litigation is viable or if the same results can be achieved by other means. Secondly, should we decide to litigate we need to determine how we can structure the advocacy around it because raising awareness is very important.”

 

Many corporate entities involved in gross human rights violations have transnational activities for which the “ramifications transcend boarders”. This makes the work of corporate responsibility defenders even more challenging, and is one of the reasons why SALC has a regional focus. Angela says the regional nature of violations also demands that the international community “be united and prioritise business and human rights (…) in Southern Africa and in other parts of the developing world”.

The SALC is also looking to address  the devastating environmental implications of various corporate projects.

Follow Angela on Twitter at @AngelaMudukuti.

Defender profile: Angela Mudukuti from Southern Africa Litigation Centre | ISHR

Frequently asked question: how do I become an international human rights lawyer?

April 27, 2013

How do I become an international human rights lawyer? is the topic of an article by Hannah Gannagé-Stewart in the Guardian of Friday 26 April 2013. She rightly starts by stating that “the life of an international human rights lawyer is not all jet setting glamour”. Still, it is one of the most frequent questions put to me at the end of a lecture, often during the reception afterwards under 4 eyes: “I would like to work for human rights – what do you advise me?” is the usual opening line. My half-serious standard reply: “if your really want to work FOR human rights, I advise you to get very rich and donate half your wealth to the human rights movement“, is not always appreciated, but correct at the macro level as the shortage of funds is much more problematic than that of talent and devotion in the human rights movement. The question asked was of course situated at the micro level as in: “I want to work IN human rights (even if the pay is not very good)“.

The Guardian piece (although focusing on the UK) contains good, practical advice and most of it would be valid in other countries:

“Jet-setting round the globe, setting the worlds highest courts alight with spectacular oratory performances, radically changing the lives of the most vulnerable. Hell, theres probably a Nobel peace prize in there somewhere too right? Think again. There are actually very few lawyers who would describe themselves as international human rights lawyers, Read the rest of this entry »