rule of law

8/12/16: Central America – Challenges Facing Rule of Law and the Risks Faced by Legal Practitioners

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The All-Party Parliamentary Human Rights Group (PHRG) held a meeting, in conjunction with the Law Society and PBI UK, on 8 December to discuss the challenges facing rule of law in Guatemala and Honduras, and the risks facing legal practitioners in Central America.

The speakers were:

  • Adán Guillermo López Lone, a Honduran judge removed from office after the 2009 coup and currently the Coordinator of the Technical Office of the Association of Judges for Democracy (AJD) – (AL); and,
  • Ramon Cadena Ramila, Guatemalan, human rights lawyer and Director of the International Commission of Jurists (ICJ) in Central America – (RR).

The main points raised were as follows:

  • There has been an increase in human rights violations in Guatemala for a number of reasons, including tensions generated by the current prosecution of violations committed during the armed conflict; the opposition to economic development plans, resulting in the arbitrary detention of community leaders who are against the presence of transnational companies in their areas and the criminalisation of protestors more generally; and a backlash against work being done to challenge impunity, including that undertaken by the International Commission Against Impunity in Guatemala (CICIG). (RR)
  • Those working on transitional justice and those working against powerful economic interests are being identified and threatened. Judges and lawyers, are also being pressured and intimidated; he personally faces security challenges and has been provided with a personal security detail. (RR)
  • Impunity now is rooted in the impunity of the past. The main challenge at the national level is the fight against impunity. CICIG has played an important role in this regard, and if it leaves, the country is likely to go backwards. (RR)
  • In Honduras, there are similar protection challenges facing HRDs, despite an HRD protection law having been adopted this year. The murder of Berta Caceres illustrates the risks. The murders of HRDs has continued since, and no one has been held accountable. (AL)
  • It would be helpful if the international community could encourage the Honduran Government to take HRD protection more seriously. (AL)
  • The judicial system is weak, particularly since the 2009 coup, and authoritarianism in Honduras is growing. The elections set for 2017 could present further challenges. (AL)
  • As regards his own case and that of colleagues, the Inter-American Court has called for judges who opposed the coup and were then dismissed to be compensated and reinstated. The state is resisting reinstatement and the Inter-American Court has therefore been asked to determine if the Government has complied with the verdict. (AL)
  • In dealing with conflict and violations in connection with economic activity, it is important to have an inclusive dialogue, with HRD protection guaranteed and the involvement of independent international moderators. (RR)

The PHRG will continue to follow developments in Guatemala and Honduras and raise concerns with related interlocutors. It will also consider follow-up activity with others to highlight the need to do more to protect those working to promote and protect the rule of law in their countries, such as judges and lawyers.

18/10/16: Rule of Law in Ethiopia

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The All-Party Parliamentary Human Rights Group (PHRG) organised a roundtable meeting on the challenges facing the rule of law in Ethiopia on 18 October.

We would like to thank PHRG Joint Vice-Chair, Rt Hon Dominic Grieve QC MP, for chairing.

The speakers were:

  • Allan Hogarth – Policy and Government Affairs, Amnesty International UK (AH);
  • Ben Cooper – Barrister, Doughty Street Chambers (BC);
  • Maya Foa – Director, Reprieve (MF);
  • Yemi Hailemariam – Partner of Andy Tsege, UK national imprisoned in Ethiopia facing the death penalty (YH).

The main points which arose were as follows:

  • There have been continuous protests in Ethiopia since 2015 and excessive force used to deal with them has resulted in the deaths of hundreds. Many protestors have been labelled as terrorists by the Government. (AH)
  • The UK could use international, including UN, mechanisms to hold Ethiopia to account for its poor human rights record. Ethiopia is currently a member of UN Security Council and the UN Human Rights Council, both forums the UK could use to raise these issues. (AH)
  • The Anti-Terror Proclamation Law in Ethiopia is being used as a way of restricting the freedoms of the population. The Anti-Terror Proclamation Act came into force in 2009 and has allowed the Government to restrict a wide range of freedoms, by, for example, being used as a pretext to arrest human rights defenders and representatives of civil society organisations. (AH & BC)
  • There is little point lobbying for a lawyer or a fair trial for Andy Tsege given the very limited possibility of an appeal. There is no appeals process for those sentenced to death in absentia. Although 20 lawyers in Ethiopia were contacted about Andy’s case, 19 were uncontactable or did not reply. There is also no independent judiciary in Ethiopia. More generally, these are simply the wrong requests given that Andy has no case to answer and is himself a victim of a crime. (MF)
  • There appear to be some inconsistencies in the UK Government’s position regarding UK nationals or dual nationals abroad. There have been cases where nationals in difficulties abroad have been helped considerably by the UK Government and/or where the UK Government requested a person’s release, and this should be the case with Andy too. (MF)
  • The UK Government and the Foreign Office could be doing more for Andy, such as pushing for regular consular visits to see him in private in the prison in which he is being held, with a view to better protecting his welfare. There are many ways to put pressure on the Ethiopian Government, including through the many links the UK has with Ethiopia. (AH, MF & YH)
  • During the Q&A, it was suggested that Andy should ask for a pardon as that may be the best way to get him back to the UK.

The PHRG will continue to monitor developments in Ethiopia, including in connection with the case of Andy Tsege, very closely, and to raise its concerns with relevant interlocutors.