ICJ DELEGATION VISITS YUGOSLAVIA by Justice Bill Kelly

A delegation of the ICJ Canadian Section recently visited the Federal Republic of Yugoslavia (FRY) as an early phase of the Section's project to bring 15 Yugoslavian Judges to Canada during the first two weeks of May, 1999. Canadian Section President Judge Michèle Rivet, Atlantic Vice-President Justice Bill Kelly and member Justice Danielle Grenier had a number of meetings with justice officials, Bar representatives, judges and judicial organizations and also with the judicial candidates for the Canadian portion of the program.

Project Director Myriam De Blois accompanied the delegation, attended many of the meetings and discussions, and was also involved in the myriad of financial and administrative details necessary for the co-ordination of the project with our Yugoslav partner. The nine-month project is sponsored by the Canadian Section of the International Commission of Jurists and the Center for Democracy Foundation (CDF) in Belgrade and is financed by the Canadian International Development Agency.

The CDF is an NGO which has been extremely active over the past several years in advancing the development of a "civil society," democratic institutions, human rights, and the rule of law in the FRY. The CDF has also been active in the co-ordination and development of NGOs in the FRY. The ICJ team found the CDF to be a professional and efficient organization that had prepared for the team a full (may I say exhaustive!) series of meetings with appropriate parties. These included the Bar Societies of the two republics of Yugoslavia, Serbia and Montenegro, as well as Chief Justices, Chief Judges, a fledgling judges' association, and justice officials of both republics and the Federal Government. The purposes of the visit and these interviews were to obtain a first-hand knowledge of the situation of judges in the FRY, to finalize the selection of judges to come to Canada for the two-week portion of the program to take place in Montreal and Ottawa, and to obtain some input for program planning for these judges. The delegation was most appreciative of the extensive assistance and guidance rendered by the officers of the CDR, particularly Slobodan Vuckovic, its Legal Program Director and Director of our project, Natasa Vuckovic, its Secretary-General, Vesna Marjanovic, its Program Coordinator, and Professor Dr. Stevan Lilic, its Vice-President and also President of the Yugoslav Commission of Jurists for Human Rights.

The CDF had advertised in a national newspaper for applicant judges to participate in the program and as well made direct contact with a number of judges, with the result that about 150 judges expressed an interest, and application forms were forwarded. However, about the 12th of January, 1999, a few weeks before our arrival, the three Vice-Presidents of the Serbian Republic held a press conference and accused the CIA of financing "traitors of the people" who were attempting to bribe student leaders, independent media, professors, and judges. The Serbian Association of Judges, a group of about 600 judges that the CDF had contacted in the selection process, was specifically named as one of the "guilty" parties. One of the Vice-Presidents stated that some judges had been bribed already and "every treason should be clearly and publicly labeled."

We were advised by the CDF that judges who had indicated interest in the program may have been intimidated by these remarks, and the number of applicants was considerably fewer than had been anticipated. The CDF also advised us that, due to the current political tensions and uncertainties in Kosovo, some of the judges of that province were reluctant to participate in the program. There will, however, be one Serbian judge from Kosovo among the group that comes to Canada. The ICJ team met formally and informally with the applicant judges and completed the selection process, and we feel confident that the selected judges and the Yugoslavian bench will benefit from the exchange of ideas and discussions on the subject of judicial independence. Although it was hoped that most of the visiting judges would have had a working knowledge of English or French, only about one-third are fluent, and a few more have a working knowledge of either language. The delegation felt it would be preferable to deal with this problem rather than compromise the other criterion of a representative mix of the judiciary who could benefit from the program. This will require more interpreters than originally planned, and we can hope any Canadian Serbian-speaking judges might volunteer for the program.

Rather than leave the impression that the Yugoslav visit was all work and no play, we should confess that almost every meeting with the judges ended with a convivial lengthy lunch and visit to local interest spots. These included a visit to the medieval treasures of the Serbian Orthodox Church in the ancient monastery of Cetinje, a tour of the palace of the last King of Montenegro, which is still as his family left it in 1918, and a fascinating tour of the medieval walled town of Kotor and its cultural monuments which have received UNESCO's protection.

THE YUGOSLAVIA PROJECT: The Next Phase

The next two months will be busy ones, not only for the members of the Canadian delegation, but also for the Consultative Committee made up of members of the ICJ executive committee and about twenty judges from all courts in the Montreal region, many of whom are currently participating in a major judicial educational program for Chinese judges taking place in Montreal. The Consultative Committee met in January to begin planning the curriculum and to determine the structure of the study stay, as well as to gather ideas and suggestions on the themes that will be addressed in the training sessions.

The 15 Serbian and Montenegran judges who visit Canada for the first two weeks of May will represent all Federal Republic of Yugoslavia (FRY) judicial jurisdictions. Their study stay will take place mainly in Montreal, where training sessions will focus on the independence and impartiality of the judiciary. A two-day visit to Ottawa will feature visits to key institutions of the Canadian legal system and meetings with representatives of the Supreme Court, Parliament, and other Canadian judicial organizations. A weekend trip to Quebec City is also being planned.

A second Canadian delegation will visit Belgrade in June, in order to launch public debates on the necessity to improve and preserve the independence of the Yugoslavian judiciary and to participate in the reform strategy that the Center for Democracy Foundation will develop.

DECLARATION ON HUMAN RIGHTS DEFENDERS by Allan McChesney

In December 1998, the UN General Assembly adopted the Declaration on Human Rights Defenders.* The Declaration highlights human rights used by individuals, groups and non-governmental organizations (NGOs) to promote, teach, protect, and implement human rights, especially the human rights of other people.

It took over 13 years to negotiate the Declaration on Human Rights Defenders, because of roadblocks placed along the way by authoritarian countries. Those who initially proposed such a Declaration, primarily Canada and Norway, intended it to assist and protect dissidents and others who worked for human rights in communist countries and in dictatorships of every political stripe. The Cold War origins of the Declaration are hinted at by its long official title: "Declaration on the Right and Responsibility of Individuals, Groups and Organs of Society to Promote and Protect Universally Recognized Human Rights and Fundamental Freedoms." During negotiations, a few countries devoted their attention to suggesting language that would add restrictions to the human rights of human rights workers and volunteers. NGOs, especially the ICJ and Amnesty International, were permitted to play a prominent role on the other side, usually in cooperation with western States.

In the Declaration, the freedoms of opinion, expression, association, and assembly, all important in human rights work, are reiterated and elaborated in ways that add strength and substance to these rights. Among "human rights defenders" (not defined in the Declaration) who rely on these rights are educators, workers' rights activists, journalists, and lawyers who advise and defend them in adverse circumstances. Among innovations in the Declaration are: requirements that governments protect human rights defenders when they engage in their peaceful activities and not retaliate against them for their legitimate promotional actions; the right to have observers at trials (e.g. of human rights advocates); and the right to obtain and use funds for human rights work. It may be surprising to readers, but every element of the Declaration, including those just listed, required extensive negotiation and compromise.

There are no special mechanisms for implementing or enforcing the Declaration, since it is not legally binding. The annual UN Commission on Human Rights will monitor the performance of governments with respect to the Declaration. Starting in 1999, the status of human rights defenders will be a specific agenda item at the Commission. NGOs will maintain a vigorous watching brief.

A copy of the Declaration can be obtained through the ICJ office in Ottawa.

* Adoption occurred, without a vote, shortly before celebrations began for the 50th Anniversary of the Universal Declaration of Human Rights.

UNIVERSAL DECLARATION OF HUMAN RIGHTS CONFERENCES

Two major international conferences to commemorate the 50th anniversary of the ratification of the Universal Declaration of Human Rights were held in Canada at the end of 1998. Each included the participation of several Canadian Section members, who have kindly made their speeches available for distribution.

The Edmonton Conference by David Matas
The International Conference to celebrate the 50th anniversary of the United Nations Universal Declaration of Human Rights held in Edmonton November 2629, 1998, hosted seven hundred delegates from thirty countries.

The Conference was sponsored by the Canadian Human Rights Foundation and co-sponsored by thirty-four other organizations, including the International Commission of Jurists, Canadian Section, all provincial human rights commissions in Canada, and the Canadian Human Rights Commission. In addition to honouring the 50th anniversary of the United Nations Universal Declaration of Human Rights, the conference celebrated the 30th anniversary of the Canadian Human Rights Foundation, the 25th anniversary of the Alberta Human Rights and Citizenship Commission, and the 20th anniversary of the Canadian Human Rights Commission.

The purpose of the conference was human rights education, so that the values and principles of the Universal Declaration of Human Rights would be better known and practiced. It was the hope of the organizers that the conference would deepen the understanding and appreciation of the Universal Declaration of Human Rights.

The conference ran a Thursday evening, all day Friday and all day Saturday. Thursday evening was plenary, with an address by the Honourable Anne McLellan, the Minister of Justice. Friday morning was split into two sessions each with three concurrent panels. Friday lunch was a plenary addressed by the Honourable Lloyd Axworthy, Minister of Foreign Affairs. Friday afternoon had two plenaries, one on the rights of women, one on punishment of crimes against humanity. Friday evening was the banquet, which featured Mary Robinson, the United Nations High Commissioner for Refugees, Antonio Lamer, Chief Justice of the Supreme Court of Canada, and Desmond Tutu, Archbishop of the Anglican Church for South Africa. The banquet was attended by 1,600 people.

Saturday morning had two sessions each with two concurrent panels. I chaired one of these panels, on refugees, in my capacity as Prairie Regional Vice-President of the International Commission of Jurists. Saturday lunch was a plenary addressed by Francine Fournier of UNESCO. Saturday afternoon had three plenary sessions, one on indigenous rights, one on disability, poverty and children in need, and one to conclude. As well, Saturday afternoon there was a parallel youth session. The organizers are planning to produce a book of the proceedings.

The following speeches from the Edmonton Conference are available on request from the Ottawa office:

"Effective Remedies for Violations of Fundamental Rights: The Responsibilities of the State" - The Honourable Madam Justice Rosalie Silberman Abella, Court of Appeal for Ontario

"Crimes Against Humanity and their Punishment" - The Honourable Jules Deschênes, C.C., Canadian Human Rights Foundation and former Justice, International War Crimes Tribunal for the Former Yugoslavia

"Recognizing the Inherent Dignity and Rights of Women: A Mirage in the Distance?" - Michelle Falardeau-Ramsay, Q.C., Chief Commissioner, Canadian Human Rights Commission

"The Universal Declaration of Human Rights: Fifty Years Later" - David Matas

Montreal Conference
A World Conference on the Universal Declaration of Human Rights was held on December 7, 8, and 9, 1998, to commemorate the 50th anniversary of the signing of the UDHR. Louise Arbour, Chief Prosecutor, International War Crimes Tribunal for the former Yugoslavia and Rwanda, was the keynote speaker at the conference, which was hosted by a coalition of eighteen groups and institutions working in the field of human rights. The Hon. Michèle Rivet served as the Canadian Section's representative on the co-ordinating committee.

A number of Canadian Section members took part in the panel sessions that were held on such topics as The Vienna Declaration: Five Years After, The Rule of Law and Judicial Independence, The Role of NGOs, and The Prevention and Punishment of Genocide. The following members have made their speeches available through the Ottawa office. Unless otherwise indicated, the speeches are available only in the language in which titles appear below:

Keynote Speech -l'honorable Louise Arbour, Procureure, Tribunal pénal international pour l'ex-Yougoslavie et pour le Rwanda

"La prévention et la répression du génocide" - l'hon. Jules Deschênes, C.C.Fondation canadienne des droits de la personne et Juge retraité du Tribunal Pénal International pour l'ex-Yougoslavie

"Le mondialisation et l'impact sur les droits de la personne" - Michelle Falardeau-Ramsay, C.R., Présidente, Commission Canadienne des droits de la personne

"Mot d'ouverture du débat experts: La Déclaration et le programme d'action de Vienne" - l'honorable Claire L'Heureux-Dubé, Juge de la Cour suprême du Canada

Notes for Remarks - Nurjehan Mawani, Chairperson, Immigration and Refugee Board (also available in French)

"Domestic Implementation of Human Rights Norms: A Challenge for Judges" - Mona Rishmawi, Director, Centre for the Independence of Judges and Lawyers, Geneva

"Les textes et les tribunaux: Mais qu'est-il devenu de l'esprit et du souffle de la Déclaration universelle?" - l'hon. Michèle Rivet, Présidente, Tribunal des droits de la personne, Montréal

UDHR Commemoration in Vancouver by Frances Gordon

The British Columbia Section of the ICJ co-sponsored an address by Asma Jahangir, Chair of the Pakistan Human Rights Commission, at a celebration of the 50th Anniversary of the Universal Declaration of Human Rights held at the Vancouver Law Courts on October 26, 1998.

Mr. Justice Kenneth Lysyk introduced Ms. Jahangir, reminding the audience of the courage required by those who dare to speak out about human rights and a fair judicial process in many parts of the world.

Pakistan is at a crossroads in its constitutional development. Recent initiatives by orthodox forces to amend the constitution will result in a movement toward a conservative theocratic state. Ms. Jahangir observed that, during the Cold War period, the West tended to patronize Pakistan's orthodox forces to the detriment of democratic institutions such as an independent judiciary. "Bhutto's death was the death of Pakistan's independent judiciary." As a result of the erosion of its independence, the judiciary suffers from a widespread lack of respect. According to Ms. Jahangir, the majority of judges are guided more by political expediency than by the rule of law.

The position of women under Pakistan's laws has been a subject of comment by human rights lawyers in Pakistan who fear the Islamization has taken particular aim at women. For example, the criminal statute governing sex and marriage was amended in 1980. Prior to 1980, only males were punishable for adultery. The amendments made both males and females subject to stoning to death for rape and adultery. For offences punishable by stoning, the Evidence Act provides that only the evidence of four adult male Muslim witnesses is allowable. Women's evidence is not admissible. Furthermore, if a woman files an allegation of rape and the authorities believe that she consented, she will be charged with having had sex outside of marriage. Today hundreds of women, including juveniles and elderly widows, are in jail, accused of sex outside of marriage.

The laws of blasphemy in Pakistan provide that those convicted of gestures or words showing disrespect for the prophet are punishable by death. Ms. Jahangir acted as defence counsel in a case of blasphemy involving three accused persons. The challenges she faced included witnesses who refused to repeat the alleged blasphemy, a judge who refused to hear the evidence, and a court reporter who refused to type the evidence of alleged blasphemy. Defence counsel were subject to blasphemy charges if they uttered words or referred to the alleged blasphemy in court. During the trial, 600-1000 people amassed outside the courthouse, calling for the death of the accused and defence counsel. During the trial, one of the three accused was murdered. One of the panel of three judges was murdered, another was required to go into hiding, and the thrid received death threats. Although Ms. Jahangir's life was seriously threatened, she and her family escaped injury.

Ms. Jahangir concluded her talk with a warning that the court's previous role as a "harmonizer of religion and human rights" is disappearing as the law becomes more aligned with orthodox religious principles which leave little room for human rights and judicial independence.

ANNUAL MEETING - EDMONTON

The 1999 Annual Meeting of the Canadian Section of the International Commission of Jurists is tentatively scheduled for Wednesday, August 25, 1999, from 2:30 to 5:00, in the Jasper Room of the Macdonald Hotel in Edmonton, Alberta.

In addition to our regular business meeting, we are hoping to have a special programme on a topic to be determined with the assistance of Alberta members, whose suggestions have been requested.

CANADIAN SECTION INTERVENTION
In response to a late-December letter from the Hon. Michèle Rivet regarding the arrest and detention of Egyptian human rights defender Mr. Hafez Abu Se'da (who has since been released), the Canadian Section has received an extensive reply from Minister of Foreign Affairs Lloyd Axworthy. Mr. Axworthy has indicated that Canada shares the ICJ's concerns about human rights in Egypt and follows the situation there closely.

The full text of Mr. Axworthy's letter is available from the Ottawa office.

TRIAL OBSERVERS
The International Commission of Jurists in Geneva is currently in the process of preparing a list of available persons for missions and trial observations. Madam Justice Claire L'Heureux-Dubé, international ICJ president, has requested that the Canadian Section prepare a list of Canadian lawyers, academics, and judges who might be placed on this list.

Included in this newsletter is a list of guidelines for ICJ trial observers, which is part of a considerably larger body of information on what is involved for and expected of those who participate in ICJ missions.

If you are interested in having your name on this list, please contact the Ottawa office to receive the additional information from Geneva. Please note that the ICJ would like to hear from the Canadian Section by mid-April, so time is of the essence.

MEMBERSHIP
The time to renew your Canadian Section membership has arrived once again. You will find a renewal form attached to this newsletter.. The operating budget of the Canadian Section is entirely dependent on membership fees and donations from members. It would be most appreciated if you would remit your 1999 fees at your earliest convenience.

E-MAIL
Beginning with the next issue, the newsletter will be available through e-mail to those members who would prefer to receive it in this form.

If you would like to receive the newsletter by e-mail, please so indicate on your membership renewal form.

PRESS RELEASES AND PUBLICATIONS
The following publications have been received from Geneva and may be borrowed on request:

• The Judiciary in India
• Egypt: The Sequestration of the Bar
• Judicial Independence in Sri Lanka
• Fact-Finding/ Needs Assessment Mission to Liberia

Copies of the following press releases from Geneva are available on request:

• 10 November 1998 - Jurists Find that General Pinochet Is Not Immune from Prosecution for Crimes against Humanity
• 25 November 1998 - ICJ Welcomes House of Lords Decision to Uphold International Law in Pinochet Case and Demands Ex-Dictator's Prompt Judgment
• 3 December 1998 - Egypt: Detention of Human Rights Lawyer Hafez Abu Se'da
• 3 December 1998 - Jurists Condemn Arrest of Major Egyptian Human Rights Defender
• 21 January 1999 - ICJ Strongly Condemns Serbian War Crimes in Kosovo
• 26 January 1999 - Senegal is the First State to Ratify the International Criminal Court's Statute
• 5 February 1999 - Paraguay: Attacks Against Judges Raul Sapena and Elixeno Ayala
• 11 February 1999 - Iran: While President Khatami Urges Rule of Law, Jurists Are Barred from Observing Trial
• 12 February 1999 - Tunisia: Advocate Radhia Nasraoui Sentenced
• 18 February 1999 - ICJ Condemns Ocalan's Forced Transfer to Turkey
• 23 February 1999 - ICJ Condemns Atrocities in Sierra Leone
• 3 March 1999 - ICJ Urges the Palestinian National Authority to Release Illegally Detained Prisoners

Contributors to this newsletter
The Honourable Bill Kelly is a member of the Supreme Court of Nova Scotia. Justice Kelly serves as ICJ Vice-President for the Maritime Region.

Since 1991, Allan McChesney has represented the ICJ (Geneva Headquarters), in UN negotiations on the Declaration. He is a member of the Canadian Section's steering committee.

David Matas is a Winnipeg lawyer specializing in human rights, immigration, and refugee cases. He serves as Canadian Section Vice-President for the Prairie Region.

Frances Gordon is Chair of the British Columbia Human Rights Tribunal in Vancouver.