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Justice Journal
JUSTICE JOURNAL The JUSTICE Journal aims to promote debate on topical issues relating to human rights and the rule of law. It focuses on JUSTICE’s core areas of expertise and concern: • human rights • criminal justice • equality • EU justice and home affairs • the rule of law • access to justice www.justice.org.uk Section head JUSTICE – advancing justice, human rights and the rule of law JUSTICE is an independent law reform and human rights organisation. It works largely through policy- orientated research; interventions in court proceedings; education and training; briefings, lobbying and policy advice. It is the British section of the International Commission of Jurists (ICJ). The JUSTICE Journal editorial advisory board: Philip Havers QC, One Crown Office Row Barbara Hewson, Hardwicke Civil Professor Carol Harlow, London School of Economics Anthony Edwards, TV Edwards JUSTICE, 59 Carter Lane, London EC4V 5AQ Tel: +44 (0)20 7329 5100 Fax: +44 (0)20 7329 5055 E-mail: [email protected] www.justice.org.uk © JUSTICE 2006 ISSN 1743-2472 Designed by Adkins Design Printed by Hobbs the Printers Ltd, Southampton C o n t e n t s JUSTICE Journal ContentsTitle title Editorial WritingAuthor it down name 4 Roger Smith Papers Five years on from 9/11 – time to reassert the rule of law 8 Mary Robinson Politics and the law: constitutional balance or institutional confusion? 18 Jeffrey Jowell QC Lifting the ban on intercept evidence in terrorism cases 34 Eric Metcalfe Articles Parliamentary scrutiny: an assessment of the work of the constitutional 62 -
Jordan Rule of Law and Anti-Corruption Assessment
JORDAN RULE OF LAW AND ANTI-CORRUPTION ASSESSMENT Prepared under Task Order, AID-278-TO-13-00001 under the Democracy and Governance Analytical Ser- vices Indefinite Quantity Contract, AID-OAA-I-10-00004. Submitted to: USAID/Jordan Prepared by: Charles Costello Rick Gold Keith Henderson Contractor: Democracy International, Inc. 7600 Wisconsin Avenue, Suite 1010 Bethesda, MD 20814 Tel: 301.961.1660 Email: [email protected] JORDAN RULE OF LAW AND ANTI-CORRUPTION ASSESS- MENT June 2013 The authors’ views expressed in this publication do not necessarily reflect the views of the United States Agency for International Development or the United States Government. CONTENTS INTRODUCTION ................................................................................. 1 BACKGROUND .................................................................................... 2 PART I: RULE OF LAW ....................................................................... 5 PART II: ANTI-CORRUPTION ......................................................... 24 FINDINGS AND RECOMMENDATIONS ....................................... 46 ANNEX A: PRIORITIZED RECOMMENDED ACTIVITIES......... A-1 ANNEX B: SCOPE OF WORK ........................................................ B-1 ANNEX C: BIBLIOGRAPHY ........................................................... C-1 ANNEX D: LIST OF INTERVIEWEES ........................................... D-1 ACRONYMS ABA American Bar Association ACC Anti-Corruption Commission CC Constitutional Court Convention to Eliminate All -
May 2008 Violence Against Foreign Nationals in South Africa
MAYY 2000088 VIIOLLEENCE AGGAAIINNSSTT FOORREEIIGGNN NNAATTIOONNAALLSS IINN SSOUTTHH AAFRRICCAA UNNDDEERSSTANNDDINNGG CCAAUUSSEES AANNDD EEVVAALUUAATTIINNG REESPPONNSSEESS By Jean Pierre Misago, Tamlyn Monson, Tara Polzer and Loren Landau April 2010 Consortium for Refugees and Migrants in South Africa (CoRMSA) and Forced Migration Studies Programme MAY 2008 VIOLENCE AGAINST FOREIGN NATIONALS IN SOUTH AFRICA: UNDERSTANDING CAUSES AND EVALUATING RESPONSES Jean Pierre Misago, Tamlyn Monson, Tara Polzer and Loren Landau Forced Migration Studies Programme (FMSP), University of the Witwatersrand and Consortium for Refugees and Migrants in South Africa (CoRMSA) April 2010 2 This research report was produced by the FORCED MIGRATION STUDIES PROGRAMME at the University of the Witwatersrand. The report was written by Jean Pierre Misago, Tamlyn Monson and Tara Polzer. The research was conducted by Jean Pierre Misago, Tamlyn Monson, Vicki Igglesden, Dumisani Mngadi, Gugulethu Nhlapo, Khangelani Moyo, Mpumi Mnqapu and Xolani Tshabalala. This report was funded by the Consortium for Refugees and Migrants in South Africa (CoRMSA) with support from Oxfam GB and Atlantic Philanthropies South Africa. All statements of fact and expressions of opinion in the report are the sole responsibility of the author and do not necessarily reflect the views of Oxfam GB. Based in Johannesburg, the Forced Migration Studies Programme (FMSP) is an internationally engaged; Africa-oriented and Africa-based centre of excellence for research and teaching that helps shape global discourse on migration; aid and social transformation. The Consortium for Refugees and Migrants in South Africa (CoRMSA) is the South African national network of organisations working with refugees and migrants. For more information about the FMSP see www.migration.org.za . -
No Security Without Rights
No security without rights Human rights violations in the Euro-Mediterranean region as consequence of the anti-terrorist legislations Authors Albert Caramés Boada (ed.) and Júlia Fernàndez Molina Editing and translation: Anna Mattioli Aramburu Graphic design: Gerard Casadevall Bach Framework: The report “Without rights there is not security. Human rights violations in the Euro-Mediterranean region as a consequence of anti-terrorist legislations” was possible with the support of: Acknowledgments: Institut de Drets Humans de Catalunya (IDHC), specially to David Bondía, Anna Palacios and Víctor Sakamoto Legal Diposit: This work is under Creative Commons license – Attribution-NonCommercial-NoDerivs 2.5 Spain. This report can be copied distributed, published, translated and modified with no commercial purposes and its authorship acknowledged through the following text: CARAMES, A. (ed.); FERNANDEZ, J. (2017); ‘’Without rights there is not security. Human rights violations in the Euro-Mediterranean region as a consequence of anti-terrorist legislations’’. NOVACT NO SECURITY WITHOUT RIGHTS Human rights violations in the Euro-Mediterranean region as consequence of the anti-terrorist legislations INDEX COMPARATIVE ANALYSIS 5 ALGERIA 16 EGYPT 21 FRANCE 29 GREECE 34 IRAQ 38 ISRAEL/PALESTINE 43 ITALY 51 JORDAN 54 LEBANON 58 LIBYA 63 MOROCCO 68 SYRIA 74 SPAIN 80 TUNISIA 86 TURKEY 93 NO SECURITY WITHOUT RIGHTS Human rights violations in the Euro-Mediterranean region as // INTRODUCTION consequence of the anti-terrorist legislations COMPARATIVE ANALYSIS -
Recording As Heckling
Recording as Heckling SCOTT SKINNER-THOMPSON* A growing body of authority recognizes that citizen recording of police of®cers and public space is protected by the First Amendment. But the judicial and scholarly momentum behind the emerging ªright to recordº fails to fully incorporate recording's cost to another im- portant right that also furthers First Amendment principles: the right to privacy. This Article helps ®ll that gap by comprehensively analyzing the First Amendment interests of both the right to record and the right to privacy in public while highlighting the role of technology in altering the First Amendment landscape. Recording information can be critical to future speech and, as a form of confrontation to authority, is also a direct method of expression. Likewise, efforts to maintain privacy while navi- gating public space may create an incubator for thought and future speech, and can also serve as direct, expressive resistance to surveillance regimes. As this Article explains, once the First Amendment values of both the right to record and the right to privacy are systematically understood, existing doctrineÐincluding the concept of the ªheckler's vetoºÐcan help restore balance between these sometimes-competing forms of ªspeech,º permitting citizen recording of police and allowing govern- ment regulation of certain recordings that breach the privacy shields of other citizens. Just as a heckler's suppression of another's free speech justi®es gov- ernment regulation of the heckler's speech, the government may limit the ability to record when recording (a form of speech) infringes on and pierces reasonable efforts to maintain privacy (also a form of expres- sion). -
Human Rights Report 2019 International Human Rights Policy: Activities and Results
Human rights report 2019 International human rights policy: activities and results Human rights report 2019 | Human rights report 2019 | Human rights report 2019 | Human rights report 2019 | Human rights report 2019 | Human rights report 2019 | AccraVaticaanstadPortOfSpainHoustonPretoriaLaPazIstanboelBoedapestHamburgVancouverDhakaDubaiBangkokAnkaraAlgiersKhartoemDubaiKobeBrusselMexicoSt PetersburgParamariboAnkaraRabatBelgradoRabatAtheneHarareNewYorkAntwerpenBuenosBogotáKairoHarareLagosManaguaQuitoHamburgLagosColomboMexicoBr atislavaLusakaBangkokSarajevoDamascusHoustonBonnAnkaraBrusselDarEsSalaamKobeSofiaKoealaLoempoerWellingtonAlgiersAnkaraAbujaChicagoMuscatDakarSt ockholmKopenhagenCotonouBuenosAiresAddisAbebaLissabonParijsRabatDüsseldorfTokioLuxemburgMontevideoChicagoBagdadPortOfSpainBoekarestLuxemburgDak arHoustonAlmatyDubaiRomeBamakoBelgradoHamburgRomeDarEsSalaamSofiaDubaiColomboRabatAtheneDublinSydneyKobeBogotáPraagOuagadougouAlgiersKin gstonStPetersburgAmmanMilaanMexicoTeheranAbuDhabiFrankfurtAmMainBelgradoTorontoAddisAbebaAnkaraSarajevoPortOfSpainAiresStockholmAmsterdamAbeba TripoliLaPazKairoManaguaBagdadLosAngelesKievAnkaraColomboWarschauRomeBernKingstonLissabonBoedapestBoedapestNewYorkMaputoColomboNewYorkRiyad BamakoTelAvivKingstonMontevideoLaPazPraagDubaiWenenCotonouBerlijnLaPazDüsseldorfKampalaTeheranSeoelMontevideoBrasiliaPretoriaAnkaraBomaySofiaToro ntoRomeZagrebWashingtonAmmanAtheneLaPazMoskouAlgiersAbidjanParamariboMaputoManillaKinshasaBarcelonaCaracasManaguaBarcelonaLusakaAntwerpenSa oPauloBagdadLaPazParijsTorontoBrusselBerlijnPekingMontevideoAbuDhabiTelAvivLondenIstanboelAlmatyBangkokHelsinkiSanJoséParamariboAnkaraSaoPauloPretor -
Women's Rights in the Middle East and North Africa
HARD-WON PROGRESS AND A LONG ROAD AHEAD: WOMEN’S RIGHTS IN THE MIDDLE EAST AND NORTH AFRICA by Sanja Kelly As the governments of the Middle East and North Africa (MENA) under- take the diffi cult process of enacting social and political change, the unequal status of women presents a particularly formidable challenge. In Iraq, deliberations over women’s legal status have been as contentious as negotiations over how to structure the government. In Jordan, measures to increase penalties for so-called honor crimes faced strong resistance by ultraconservative parliamentarians and ordinary citizens who believe that tradition and religion afford them the right to severely punish and even murder female relatives for behavior they deem immoral. These debates are not just legal and philosophical struggles among elites. They are emo- tionally charged political battles that touch upon fundamental notions of morality and social order. In order to provide a detailed look at the conditions faced by women in the Middle East and understand the complex environment surrounding efforts to improve their status, Freedom House conducted a comprehen- sive study of women’s rights in the region. The fi rst edition of this project was published in 2005. The present edition offers an updated examination of the issue, with a special focus on changes that have occurred over the last fi ve years. Although the study indicates that a substantial defi cit in women’s rights persists in every country in the MENA region, the fi ndings also include notable progress, particularly in terms of economic opportu- nities, educational attainment, and political participation. -
Shouting Through the Walls: Discriminatory
You could hear it at night. You could hear the voices and just knew what was happen- ing to them (…) They could complain but everyone was too scared to say anything. Shouting Through the Walls To date, one of the most egregious human rights violations remains underexplored: DISCRIMINATORY TORTURE AND ILL-TREATMENT discriminatory torture and other ill-treatment. This report examines the phenome- non, recognising that discrimination is a key ingredient in the story of many acts of TRUST RIGHTS EQUAL brutality, abuse and humiliation. It argues that failing to identify discriminatory mo- tives, whether on the grounds of race, sex, disability or otherwise, is a failure both to fully understand the nature of the treatment and to develop appropriate responses. The report presents two case studies from Jordan which are considered through the lens of discriminatory torture and other ill-treatment: the “protective custody” of women and the treatment of persons with mental disabilities, particularly in insti- tutions. By combining desk-based research and first-hand testimony from members of these stigmatised and often unheard groups, the report offers new perspectives Walls the Through Shouting and concludes that both Jordan and the international community need to take action to recognise discriminatory torture and other ill-treatment and protect people from it on an equal basis. The Equal Rights Trust is an independent international organisation whose purpose is to combat discrimination and promote equality as a fundamental human right and a basic principle of social justice. Mizan for Law works to promote human rights and democracy in Jordan. It seeks to develop legislation and increase awareness on human rights to enhance protection for victims of human rights violations. -
History Lesson
CHAPTER 1: INTRODUCTION TO THE STUDY 1.1 Introduction The present study investigated language policy implementation in selected high schools in the Mthatha District of the Eastern Cape, in the light of the change in medium-of-instruction policy in post-apartheid South Africa. In the introductory chapter, I contextualise the study by outlining the background of the problem, the purpose of the study, and the research aims and objectives. This is followed by the research questions, statement of the problem, rationale of the theoretical framework, research assumptions, definition of terms and concepts, justification of the study, the research approach, the limitations of the study, the organization and overview of the study, and the conclusion. Language is one of the major challenges of curriculum implementation for governments in post- colonial Africa. Language, which is the primary means of group identity formation and a shield to protect this identity (Zotwana in Alexander, 1989:77), is also linked to ideology and power (Makalela, 2005).Language has always been a controversial and explosive subject in post-colonial societies, primarily because of the legacy of colonial governments‟ language planning policies whose aim was to promote and entrench linguistic imperialism through divisive language legislation. Linguistic imperialism is the tendency to attribute favourable characteristics to a particular language whilst devaluing other languages (Phillipson, 1992). Makalela (2005:157) posits that the tendency for post-colonial governments to -
Islam, Civil Society and Social Work S O Ci Ety
AND AND ISLAM, C ISLAM, S O CI I AL WORK AL V I L L ISLAM, CIVIL SOCIETY AND SOCIAL WORK S O Islam, Civil Society and Social Work, Muslim Voluntary Welfare Associations CI in Jordan between Patronage and Empowerment is a study on Muslim ETY voluntary welfare associations in Jordan. It analyses them mainly from the perspective of civil society theory and pays special attention to the role of religious faith and discourse in their social activities. These organizations are initiated by citizens and reflect their values and convictions. Their activities and discourses serve to an important extent government policy goals such as the preservation of social and political stability and public order. They also help to preserve patterns of patronage. However, patronage does not necessarily rule any kind of socioeconomic and cultural empowerment of underprivileged groups out. Moreover, political sentiments of protest and opposition can play a role under the surface. Therefore, these voluntary associations represent a highly imperfect and frustrated, but nevertheless real, motivated and changing civil society. EGBERT HARMSEN Egbert Harmsen (born 1967 in Dordrecht, the Netherlands) has since 2001 ISLAM, CIVIL SOCIETY been engaged as a Ph.D. researcher at the International Institute for the Study of Islam in de Modern World (ISIM) in Leiden. He graduated in 1995 in Middle Eastern Studies on the topic of the absorption and integration of AND SOCIAL WORK Palestinian refugees from Kuwait in Jordan. He has a broad experience in the region, especially -
Discourses Shaping Human Rights Education Research in South Africa: Future Considerations
DISCOURSES SHAPING HUMAN RIGHTS EDUCATION RESEARCH IN SOUTH AFRICA: FUTURE CONSIDERATIONS S. Simmonds* Research Unit for Education and Human Rights in Diversity (Edu-HRight) e-mail: [email protected] P. du Preez* Curriculum Studies e-mail: [email protected] *North-West University Potchefstroom, South Africa ABSTRACT Human rights education is critiqued for being traditionalist and conceptually imprisoned. This view stems from the distrust in its ability to transform deeply rooted injustices and inequalities etched within South Africa’s society. There is therefore an outcry to reimagine human rights education. For this article it is important to understand how and why human rights education discourses in South Africa have come to be framed by some scholars in this way and to contemplate where the discourse might be heading in the future. We reviewed doctoral theses in the field of Education which claim to engage with and make contributions to human rights education research. We found that human rights education discourses have been (and are being) shaped in South Africa in terms of three distinct phases: inception, growth, and cynicism. It became evident from the findings that human rights education research is predominantly school-based and fundamentally descriptive and uncritical. To conclude, we reflect on these findings so as to put forward future considerations for human rights education research. Keywords: human rights education research, doctoral theses, post-school education and training INTRODUCTION Globally, the scholarship of human rights and human rights education has increased exponentially since the 1970s (Suarez and Ramirez 2004). Keet (2015, 46–47) explains: As right articulations have come to drench the globe over the past six decades, human rights violations became the prevailing expressions of structurally anchored inequalities in social, economic, cultural, political and environmental spheres. -
Financial Report 2004-05.Indd
Compiled, Designed and Distributed by: Department: Foreign Affairs, Internal Communications Pictures supplied by: Department: Foreign Affairs, Internal Communications and South African Tourism Authority Printed by: Government Printing Works, Contracted Company – BSB Printers For more information visit our website @ www.dfa.gov.za 1 Annual Report 2004/05 Department of Foreign Affairs, South Africa Part 1: General Information 11-27 Submission of the Annual Report to the Executive Authority 12 1.1 Introduction by the Director-General 14 1.2 Report of the Minister of Foreign Affairs 19 1.3 The Mission Statement 24 1.4 Legislative Mandate 24 Part 2: Human Resource Management 28-51 1. Service Delivery 31 1.1 Main services provided and standards 1.2 Consultation arrangements with customers 1.3 Service delivery access strategy 1.4 Service information tool 1.5 Complaints mechanism 2. Expenditure 32 2.1 Personnel costs by programme, 2004/05 2.2 Personnel costs by salary bands, 2004/05 2.3 Salaries, Overtime, Home Owners Allowance, Medical Assistance by programme, 2004/05 2.4 Salaries, Overtime, Home Owners Allowance and Medical Assistance by CONTENT salary bands 2004/05 3. Employment and Vacancies 33 3.1 Employment and vacancies by programme, 31 March 2005 3.2 Employment and vacancies by salary bands, 31 March 2005 3.3 Employment and vacancies by critical occupation, 31 March 2005 4. Job Evaluation 34 4.1 Job evaluation, 1 April 2003 to 31 March 2005 4.2 Profile of employees whose salary positions were upgraded due to their posts being upgraded, 1 April 2004 to 31 March 2005 4.3 Employees whose salary level exceed the grade determined by job evaluation, 1 April 2004 to 31 March 2005 (in terms of PSR 1.V.C.3) 4.4 Profile of employees whose salary level exceed the grade determined by job evaluation, 1 April 2004 to 31 March 2005 (in terms of PSR 1.V.C.3) Annual Report 2004/05 Department of Foreign Affairs, South Africa 5.