ANNUAL REPORT WORD FROM THE PRESIDENT

IN THIS ISSUE © Claude Truong-Ngoc

WORD FROM THE PRESIDENT 03 The year 2016 marked a major change in the life of our Institute’ status, turning from association to Foundation. Indeed, in December 2015, our Institute created by René Cassin and some other founding fathers, became a state- TEAM 04 approved Foundation. It is widely agreed that the foundation status is less common than the association one (in France, four hundred times scarcer!) and has a crucial advantage which is to obtain easily gifts and patronages due The René Cassin Foundation – International Institute of Human Rights 04 to tax benefits granted to the sponsors and patrons. Two three-year sponsorship agreements have already been signed and a third is currently being implemented. INSTITUTIONAL ACTIVITIES Thus, the «Cassin Institute», by becoming the «Cassin Foundation», will be able to meet the surging demand and Donors and Partners 05 organize more trainings and teaching sessions in France and worldwide. In 2016, the IIHR held five training sessions abroad, as described in this annual report whereas in 2017 there will be ten through four different continents. TRAINING SESSIONS IN FRANCE Moreover, traditional activities will continue and even develop: the Annual teaching session in July, dedicated to the “armed conflicts and the international law of human rights” last year. In 2017, for its 48th edition, this training 1. TRAINING SESSIONS will focus on the “Health and international human rights law”. Then, our institute organized the 20th summer course Summer course on refugee law 06 on “refugee law and the right to asylum” in collaboration with the UNHCR. Furthermore, in 2016, the IIHR held two Annual study session 10 seminars. The first one was organized in Angers by Bérengère Taxil and Yannick Lécuyer regarding “sexuality and human rights». The second one, supported by our foundation, took place in Valencia in collaboration with Susana Sanz Caballero who talked about “the higher interest of the child in the Spanish, comparative and international case 2. CONTINUING TRAINING law” (both had a keen interest). Finally, the last seminar was organized in Strasbourg regarding “death penalty” on France and the European Court of Human Rights 16 the initiative and with the support of the German Permanent Representation to the Council of Europe. Then, there was and there will still be the RENÉ CASSIN THESIS PRIZE in English and French, the René Cassin 3. SEMINARS European Pleading Competition driven by Peggy Ducoulombier, publications at Pedone : in particularly these Doctoral Seminar – The interrelatedness of international human rights norms 18 under the leadership of Sébastien Touzé on the Costa Rica symposium (regarding the universal abolition of the death penalty) and one in Paris dedicated to the ECHR; as well as the one from Toulouse (regarding the protection 4. THE HUMAN RIGHTS CLINIC of human rights by supranational courts, under the leadership of Sébastien Touzé, Joël Andriantsimbazovina and Human rights law clinic 19 Laurence Burgorgue-Larsen). Yet, another example is the human rights clinic, in cooperation with the Law Faculty of Strasbourg, directed by Niki Aloupi and various other activities. Without being exhaustive, this comment shows the vitality of our institution. It is due to the quality and devotion TRAINING SESSIONS ABROAD of our team, small but effective, directed brilliantly by Sébastien Touzé and thanks to the importance of our Mali 23 supports: the city of Strasbourg, the Grand Est Region, several ministries, the Friedrich Neumann Foundation, the Cameroon 27 Council of Europe, the ECHR... Many international teachers, whose fidelity matches their skills, also participate to Lebanon 30 this success. As René Cassin wanted, we are not a heavy structure but it is all about networking, nationally and Senegal 33 internationally, with a long-term ambition until the universality (as the Declaration of 1948...). Often, our teachers Ivory Coast 37 are former participants in training sessions. Haïti 40 But even if we can still hope for better improvements, this is not without difficulties. Some are minor. In statutory terms, we had to change substantially the governance. The Foundation is managed by a Board of directors with ANNUAL SYMPOSIUM OF THE FONDATION RENÉ CASSIN fifteen members which has already met four times and its next meeting will be held in March the 8th. However, it Sexuality and International Human Rights Law 44 can’t have the right of General Assembly. To compensate this important drawback, it includes, as standard statutes of the Council of State do, an “Association of friends”, chaired by Michel de Salvia, whose two members are on the International Seminar on Death Penalty 46 Board of directors. Its launch was laborious, – it is not easy to change a 45 years structure -, but a recent The General Assembly showed the way: to gather all the friends of the Foundation (some are various members of the former RENÉ CASSIN THESIS PRIZE 48 Association), and turned them into associate members, and then to collect ideas and projects for the Foundation’s activities. I hope that the relationship between these two entities will quickly find its feet and promote a successful PUBLICATIONS 49 synergy. However, the real challenge is not there. It is exogenous. Today’s world, and particularly in Europe, sees multiple serious threats against human rights, democracy and the rule of law arising from many Governments and THE BEST INTERESTS OF THE CHILD IN THE COMPARATIVE, often supported by public opinion. Factors such as terrorism, the crisis, the increasing precariousness or even the INTERNATIONAL AND SPANISH JURISPRUDENCE 50 migrations are not favourable to the construction of a fairer and freer world that our Creator wanted and supported by his actions. Since ten or fifteen years, the degradation is clearly visible and much crueller while the 1980s and INTERNATIONAL SYMPOSIUM OF THE CRDH 52 the beginning of the 1990s made us hopeful. Within its capabilities, our Foundation will fight to stop this drift and to give to the rights and freedom defenders RENÉ CASSIN PLEADING COMPETITION 55 the legal and moral tools to deal with it. I am convinced that René Cassin would think and act in a similar way. Let’s follow his example! OUR 2017 PROGRAM 56 Jean-Paul COSTA President - International Institute of Human Rights

2 THE RENÉ CASSIN FOUNDATION – INTERNATIONAL INSTITUTE OF HUMAN RIGHTS - ANNUAL REPORT 2016 3 TEAM INSTITUTIONAL ACTIVITIES

THE BOARD THE RENÉ CASSIN FOUNDATION – INTERNATIONAL INSTITUTE OF HUMAN RIGHTS

Jean-Paul COSTA, President The International Institute of Human Rights has become recognised as a Foundation of public utility by Françoise TULKENS, Vice-Presidente a decree of the State Council published in the Official Journal in December 13th, 2015. The change in Luis JIMENA QUESADA, Secretary General status of the Institute allows it to have the means necessary for its ambitions and to continue to work in Jean-Pierre WACKER, Treasurer favor of the protection and the promotion of human rights in France and worldwide. The structure of the Fondation : DIRECTION Jean-Paul COSTA, Président Françoise TULKENS, Vice-President Sébastien TOUZÉ, Director Luis JIMENA QUESADA, Secretary general Jean-Pierre WACKER, Treasurer Sébastien TOUZÉ, Director TRAINING SESSIONS ABROAD DONATORS AND PARTNERS Elsa ZIMMER, RESEARCH, ADMINISTRATION Programme Officer CONTINUING TRAINING, DOCUMENTATION ANNUAL STUDY SESSION Thanks to the support of its donators and partners, the Fondation can implement and develop its training and research activities. The activities of the Fondation are supported by: Muriel SOGNIGBÉ SANGBANA, SEMINARS, COMMUNICATION Programme Officer Kathy BINGLER, Agathe PETIT, Administrative Agence Universitaire de la Francophonie ; Banque Populaire Alsace Lorraine Champagne ; Bar of Assistante de recherche and Financial Officer Strasbourg ; Caisse d’Epargne Alsace ; Centre Jean Bodin ;Citizen and Political School of Yaoundé ; City SUMMER COURSE ON of Strasbourg ; Civil Society Initiative (Haiti) Conseil d’Etat ; Cooperation and Cultural Actions (SCAC) REFUGEE LAW Evangelia VASALOU, Anne-Laure GRUSSI, of the French Ambassy in Senegal ; Council of Europe ; Editions A. Pedone ; Editions Lexis Nexis ; Muriel SOGNIGBÉ SANGBANA, Assistante de recherche Executive Assistant European Court of Human Rights ; European Union ; Faculty of Law, Economy and Management of Programme Officer Strasbourg ; Fondation Friedrich Naumann for Freedom ; Fondation Marangopoulos ; French Ambassy to Haiti ; Geneva Centre for Human Rights Advancement and Global Dialogue ; Gilbert Cassin ; House of Hermès ;Institute of International Relationships of Cameroon ; Interior Ministry (France) ; Ministry of Defense (France) ; Ministry of Foreign Affairs and International Development (France) ; Ministry of VACLAV HAVEL HUMAN RIGHTS PRIZE Justice (France) ; National Assembly (France) ; Observatoire International de la Démocratie et de la Gestion des Crises et des Conflits (O.I.D.E.C.) ; On October 10th, 2016, The René Cassin Foundation – International Institute of Human Rights participated, Organisation Internationale de la Francophonie ; Permanent Representation to the Council of Europe of as shortlisted nominee, to the Ceremony of the Vaclav Havel Human Rights Prize 2016, awarded by the Denmark ; Permanent Representation to the Council of Europe of France ; Permanent Representation to Parliamentary Assembly of the Council of Europe (PACE) with the support of the Vaclav Havel Library and the the Council of Europe of Germany ; Permanent Representation to the Council of Europe of Luxembourg ; Foundation Charta 77. Permanent Representation to the Council of Europe of Monaco ; Permanent Representation to the The Vaclav Havel Prize 2016 was awarded to the yazidi human rights activist Nadia Murad for her commitment Council of Europe of Poland ; Prime Minister (France) ; Region Alsace Champagne-Ardenne Lorraine ; to draw the international community’s attention to the crimes committed by Daesh against the minority Yazidi Research and Study Centre for Human Rights and Humanitarian Law (C.R.E.D.H.O.) ; Research Centre and against other groups. We address to Nadia Murad our warm congratulations for this prize but also for her on Human Rights and Humanitarian Law (C.R.D.H.) ; School for Magistrates (Haiti) ; School of Peace hard fight. Keeping Alioune Blondin Bèye (Mali) ; Sciences Po Strasbourg ; Senat (France) ; Senegalese Committee for Human Rights (CSDH) ; United Nations Centre for Human Rights and Democracy in Central Africa The René Cassin Foundation was shortlisted for this prize with Nadia Murad and Gordana Igric, Serbian (CNUDHD – AC) ; United Nations High Commissioner for Refugees ; United Nations Multidimensional Journalist, from over 200 applications sent to the PACE. Integrated Stabilization Mission in Mali (DDH-MINUSMA) ; University Al-Jinan (Lebanon) ; University of This shortlisting is a real recognition for the Foundation, which action mainly aims at providing training to Angers (France) ; University of Strasbourg (France) ; University Panthéon-Assas (France) ; The City of participants who are working on a daily basis and anonymously to contribute to the protection of human Strasbourg. rights and the prevention of violations. To associate the Foundation to the name of Vaclav Havel is also a great honor. Vaclav Havel represents the confirmation that some human beings, such as René Cassin, give their lives to the promotion of fundamental values, such as the protection of human rights and the redefinition of relationships between State and persons. The award ceremony was followed by a conference held in Prague on October 12 with the three finalists, organisers of the Prize and numerous personalities involved in the international protection of human rights. The theme of this conference was “Fences, walls and trenches: free movement as a human rights?” The Director of the Foundation, Sébastien Touzé, gave a speech on the topic “Openness or closeness of the European Union ».

4 THE RENÉ CASSIN FOUNDATION – INTERNATIONAL INSTITUTE OF HUMAN RIGHTS - ANNUAL REPORT 2016 5 TRAINING SESSIONS IN FRANCE

1. TRAINING PROGRAM

SUMMER COURSE ON REFUGEE LAW THEMES SPEAKERS Jean-Paul COSTA, President of the Fondation René Cassin, Organised by the René Cassin Foundation in international refugee law which also includes Former President of the European Court of Human Rights and the United Nations High Commissioner international and regional issues about Welcoming statements Ralf H. W GRUENERT, UNHCR Representative in Paris, for Refugees, the 19th Summer Course on refugees, displaced and stateless persons. The France Refugee Law took place from June 13th to high quality of speeches is directly linked to Roland RIES, Mayor of the City of Strasbourg 24th, 2016 at the European Youth Centre of the the choice of speakers who have a field and/ Presentation of the situation of Council of Europe in Strasbourg. This training or an academic experience. Participants are Ralf H. W GRUENERT, UNHCR Representative in Paris, refugees and asylum seekers in focused on international refugee law and mainly practitioners and the summer course France courses were conducted in French by experts aims at providing them with the tools they need Europe of the United Nations High Commissioner for practicing on international protection of Refugee law and International Jean MATRINGE, Professor, Public Law, School of Law of for Refugee and academic, institutional and refugees. Human Rights Law « La Sorbonne », University Paris 1 – Panthéon Sorbonne judicial experts. The programme addressed universal and regional approaches of the global This session is particularly aimed at: Members Introduction to the UNHCR’s terms Dia Jacques GONDO, Senior Protection Officer, UNCHR, issue of refugee and included lectures, study of the police force; Members of national of reference and its activities Paris of topical issues, practical cases and a moot- eligibility commissions; Judges, Lawyers and court. The Summer Course was concluded by a Legal Professionals; Academics; Staff members Convention of july 28th, 1951 and protocol of january 31st, 1967, on written examination and successful participants of UNCHR; Government officials; Protection Sylvie SAROLEA, Professor at the Catholic University of the status of refugees: article 33, received a certificate of success. OFPRA Officers; International and national NGO Leuven, Lawyer at the Nivelles Bar The Summer Course on Refugee Law is one of staff members; Students; UN Staff. prohibition of expulsion or return the only French-speaking courses specialised (“refoulement”) Jean-François DURIEUX, Research associate, Refugee Refugees in armed conflicts Studies Centre, Oxford University

Christine GOYER, Coordinator of the Cluster Protection, Internaly displaced persons UNCHR Kiev

Convention of july 28th, 1951, and protocol of january 31st, 1967 on Jean-Yves CARLIER, Professor at the Catholic University the status of refugees: article 1a of Leuven, Member of the Odysseus Academic Network inclusion

Convention of july 28th, 1951, and protocol of january 31st, 1967 on the Jean-Yves CARLIER, Professor at the Catholic University status on refugees: article 1 c and of Leuven, Member of the Odysseus Academic Network f1- exclusion and cessation

6 THE RENÉ CASSIN FOUNDATION – INTERNATIONAL INSTITUTE OF HUMAN RIGHTS - ANNUAL REPORT 2016 7 RESULTS THEMES SPEAKERS

Gert WESTERVEEN, Representative, UNHCR The summer course welcomed 42 participants, underlined the high quality of presentations, Representation to the European Institutions in Strasbourg 17 women and 25 men, coming from 19 different the single structure of the course, the choice of Giancarlo CARDINALE, Deputy Director, Office of the countries. This training was an opportunity the topics, the working papers and the various Commissioner for Human Rights, Council of Europe to engage lively discussions and fruitful documents. Christian LODA, Administrator, European Committee for thoughts on the protection, the defense and Participants were interested in the moot-court; Round table on activities of the Prevention of Torture and Inhuman or Degrading the promotion of refugee law. this exercise allowed them to confront their the UNHCR representation in Treatment or Punishment, Council of Europe Participants created strong bonds and they theoretical knowledge with the reality of issues Strasbourg with representatives of Laura IELCIU, Legal Officer, Department for the Execution appreciated the general ambiance and the and changes to the usual rhythm of the course. the Council of Europe of Judgments of the European Court of Human Rights, relationships with the speakers. Participants Council of Europe also appreciated the courses and they Ioulietta BISIOULI, Legal Officer, Department for the Execution of Judgments of the European Court of Human Rights, Council of Europe

The European policy on asylum and Francesco MAIANI, Associate Professor, Institute of immigration Advanced Studies in Public Administration

Refugees protection in the arab Michele CAVINATO, Regional Legal Advisor, Middle East world and North Africa Office, UNHCR Geneva

Special Conference at the ECHR: the European Court of Human Linos-Alexandre SICILIANOS, Judge at the European Rights faced with migrants and Court of Human Rights refugees crisis

Dia Jacques GONDO, Senior Protection Officer, UNHCR Refugees protection in africa Paris

Jaime RUIZ DE SANTIAGO, Professor of International Refugees protection in latin america Law, Instituto Tecnológico Autónomo de México, Former UNHCR Officer

Statelessness: how to prevent it Inge STURKENBOOM, Statelessness Regional Protection and what are the rights for stateless Officer, UNCHR, Brussels persons?

Moot Court: decisions and Dominique MONGET-SARRAIL, Avocate debriefing

Muriel SOGNIGBÉ SANGBANA, Programme Officer – Closing Ceremony Fondation René Cassin Dia Jacques GONDO, Senior Protection Officer, UNHCR Paris

Muriel SOGNIGBÉ SANGBANA, Programme Officer – Fondation René Cassin Coordination Dia Jacques GONDO, Administrateur principal chargé de la protection, HCR Paris

8 THE RENÉ CASSIN FOUNDATION – INTERNATIONAL INSTITUTE OF HUMAN RIGHTS - ANNUAL REPORT 2016 9 This session aimed at : ANNUAL STUDY SESSION CONFLITS ARMÉS ET DROIT INTERNATIONAL • Professors and Researchers DES DROITS DE L’HOMME • Non Governmental Organisations’ Staff ARMED CONFLICTS AND INTERNATIONAL HUMAN RIGHTS LAW ARMED CONFLICTS AND INTERNATIONAL HUMAN RIGHTS LAW 47ème Session annuelle d’enseignement • Legal Practitioners 47th Annual Study Session - think4youconseil.com - 2015 - think4youconseil.com ® • National and International Civil Servants Strasbourg, 4 – 22 juillet / July 2016 Corbis • Advanced Students in law, political, human and social sciences 2, Allée René Cassin - F - 67000 Strasbourg Other professions confronted with human rights Tél. : +33 (0)3 88 45 84 45 - Fax : +33 (0)3 88 45 84 50 • Courriel / Email: [email protected] Site internet / Website: www.iidh.org

PROGRAM

THEMES SPEACKERS

Thorbjørn JAGLAND, Secretary General of the Council of Inaugural Lecture Europe Are Human Rights, instruments for Remise du Prix de Thèse René Cassin 2016 anglophone the prevention of armed conflicts ? et francophone

Thematic Courses

Thematic course 1 : International Elizabeth SALMON GARATE, Professeur, Université de Humanitarian Law and International Téhéran, ancien Président de la Commission du droit Human Rights Law international des Nations Unies

Cours thématique 2 : La protection Djamchid MOMTAZ, Professeur, Université de Téhéran, des populations civiles lors des ancien Président de la Commission du droit international conflits armés des Nations Unies

GOAL Thematic course 3 : Vulnerable Françoise HAMPSON, Barrister, The Honourable Society persons and their protection in of Lincoln’s Inn, Emeritus Professor of the University of The René Cassin Foundation organised its a current topic. It addressed many different armed conflicts Essex 47th annual study session in July 2016. This subjects, such as the protection of refugees training course was created in 1970 by René during armed conflicts, vulnerable persons and Cours thématique 4 : La protection Dia Jacques GONDO, Administrateur principal chargé Cassin, founder of the International Institute their protection in armed conflicts, enforced des réfugiés dans le cadre des de la protection, Représentation en France du Haut- of Human Rights. This study session aims at disappearances, the relationship between conflits armés Commissariat pour les Réfugiés improving knowledges on international human International Criminal Law and International rights law of legal practitioners; professors Human Rights Law in post-conflicts situation Cours thématique 5 : La protection Lieutenant-Colonel Jérôme CARIO, Conseiller juridique, and researchers; students of high academic or the liability of private actors perpetrating des personnes privées de liberté Centre Interarmées de Concepts, de Doctrines et level; regional and international organisations’ human rights’ violations in armed conflicts. lors des conflits armés d’Expérimentation, Ministère de la Défense, France Staff; local and national authorities and other The wide program of this session allowed Thematic course 7 : Multinational interested person. Each year, the annual study participants to acquire the necessary tools for forces’ liability regarding the Colonel Darren STEWART, Order of British Empire, Deputy session focuses on a specific theme, while the understanding of these particular situations protection of human rights in armed Assistant Chief of Staff – Legal, Headquarters Fields Army allowing participants to familiarize themselves and to contribute to strengthen the human conflicts to universal and regionals human rights rights protection in the world. protection systems. Cours thématique 8 : La Yves SANDOZ, Professeur, Université de Fribourg, responsabilité des belligérants Académie de droit international humanitaire et de droits This 47th annual study session took place at en cas de violation du droit humains à Genève, Membre honoraire et ancien Directeur th th the Faculty of Law of Strasbourg from 4 to 22 international des droits de l’homme de la doctrine et du droit, Comité International de la Croix- July, 2016. The theme was “Armed conflicts lors des conflits armés Rouge and international human rights law” which is

10 THE RENÉ CASSIN FOUNDATION – INTERNATIONAL INSTITUTE OF HUMAN RIGHTS - ANNUAL REPORT 2016 11 THEMES SPEAKERS THEMES SPEAKERS

Thematic course 9: The liability of Fundamental Courses private actors perpetrating human Andrea SACCUCI, Professor, LUMSA University of Rome rights’ violations in armed conflicts French: Bernard DUHAIME, Professeur, Université du Québec à Montréal Thematic course 10: The English: Olivier DE SCHUTTER, Professor, Catholic relationship between International University of Louvain and College of Europe, former William A. SCHABAS, Professor, School of Law, Middlesex Criminal Law and International United Nations Special Rapporteur on the right to food, University London The human rights protection system Human Rights Law in pos-conflicts Member of the UN Committee on Economic, Social and of the United Nations and of its situations Cultural Rights specialized agencies Spanish: Mikel MANCISIDOR, Profesor, Universidad de Luciano Andrés HAZAN, Member of the United Nations Deusto, Ex-Director del Centro UNESCO del Pais Vasco, Thematic course 11: The issue of Committee on Enforced Disappearances, former Under- Vicepresidente del Comité de Derechos Economicos, enforced disappearances in armed Secretary for Criminal Policy and Coordinator of the Truth Sociales y Culturales de las Naciones Unidas conflicts Justice Programme, Ministry of Justice and Human Rights, Arabic: Kamel FILALI, Professeur, Université Constantine 1 Argentina French: Sébastien TOUZÉ, Professeur, Université Cours thématique 12: Les droits des Sarah PELLET, Juriste, Bureau du Conseil public pour les Panthéon-Assas (Paris II), Membre du Comité contre victimes des conflits armés et droit victimes, Cour pénale internationale la Torture des Nations Unies, Directeur de la Fondation international des droits de l’homme René Cassin English: Paulo PINTO DE ALBUQUERQUE, Judge, Cours thématique 13: Le rôle Maurice KAMTO, Professeur, Université de Yaoundé II, European Court of Human Rights, Professor at the Catholic du droit international des droits The European human rights Président de la Commission du droit international des University of Lisbon de l’homme dans le cadre de la protection system Nations Unies Spanish: Luis JIMENA QUESADA, Profesor, Universidad de reconstruction de l’État post-conflit Valencia, Ex-Presidente del Comité Europeo de Derechos Cours thématique 14: Le rôle du Sociales – Chaire Marangopoulos droit international des droits de Arabic: Mohammed Amin AL-MIDANI, Président du Centre Emmanuel GUEMATCHA, Maître de conférences, l’homme dans le rétablissement de Arabe pour l’Éducation au Droit International Humanitaire Université des Antilles et de Guyane la sécurité et de la justice internes et aux Droits Humains (France) dans les États post-conflits French: Ioannis PANOUSSIS, Maître de conférences, Introductory Courses Doyen de la Faculté de droit, Université Catholique de Lille French: Frédérique COULÉE, Professeur, Université d’Evry English: Antonio Augusto CANÇADO TRINDADE, Judge, Val d’Essonne The Inter-American human rights International Court of Justice, Emeritus Professor of English: Dinah SHELTON, Manatt/Ahn Emeritus Professor, protection system the University of Brasilia, former President of the Inter- the George Washington University Law School, Member American Court of Human Rights and former President of the Inter-American Commission Spanish: José THOMPSON, Director Ejecutivo, Instituto on Human Rights Interamericano de Derechos Humanos International Human Rights Law Spanish: Emiliano J. BUIS, Coordinador de la Secretaría de Investigación, Facultad de Derecho, Universidad de Buenos Aires French: Sylvain ORE, Juge, Cour africaine des droits de Arabic: Ali SEDJARI, Professeur, Titulaire de la Chaire l’homme et des peuples Unesco des droits de l’homme, Université Mohammed V, English: Frans VILJOEN, Professor, Director of the Centre Agdal – Rabat for Human Rights, University of Pretoria The African human rights protection Spanish: Felipe GOMEZ ISA, Profesor, Instituto de system Derechos Humanos Pedro Arrupe, Universidad de Deusto Arabic: Rafâa BEN ACHOUR, Juge, Cour africaine des droits de l’homme et des peuples, Professeur émérite de la Faculté des Sciences juridiques, politiques et sociales, Université de Tunis

12 THE RENÉ CASSIN FOUNDATION – INTERNATIONAL INSTITUTE OF HUMAN RIGHTS - ANNUAL REPORT 2016 13 THE DIPLOMA OF THE FOUNDATION THEMES SPEAKERS

Special Conference The diploma of the Foundation is open to knowledge. The laureates of the 2016 diploma participants of the annual study session who are Samson DABIRE, Sheva TRACLET and La « guerre contre le terrorisme » already have strong knowledges in international Elsa PERCEVAULT. The list of laureates of the Emiliano J. BUIS, Coordinador de la Secretaría de et l’applicabilité du droit and comparative human rights law (post- diploma of the Foundation and all other relevant Investigación, Facultad de Derecho, Universidad de international humanitaire : un conflit graduate level, LLM, Master). This diploma is information are available on our website. Buenos Aires armé sui generis ? distinct from the session’s certificate as the exam consists in three tests (written, practical Special Courses and oral) and requires a very high level of French: Hatem KOTRANE, Professeur, Faculté des Sciences juridiques, politiques et sociales, Université de The Arab Charter on human rights Tunis English: Ahmed ABOU-EL-WAFA, Professor, Cairo University TESTIMONY French: Nicolas AGOSTINI, Représentant de la Fédération During the three weeks of courses, I met internationale des ligues des droits de l’homme auprès Sheva TRACLET practitioners coming from all over the world and de l’Organisation des Nations Unies à Genève Student at the University of La I discussed with people of diverse backgrounds Human Rights protection in Asia English: Debbie STOTHARD, Secretary General, Réunion who had a common interest: the defense of International Federation for Human Rights, Coordinator of Graduate of the 47th annual study human rights. This experience confirmed my the Alternative Asean Network on Burma session desire to focus my future career on promotion and development of human rights.

From the beginning of my studies in law, I was The 47th annual study session of July 2016 was very interested in human rights. This interest an opportunity to be graduated of the diploma of led me to participate in the René Cassin the René Cassin Foundation. After a demanding Pleading Competition which was organised by and intense preparation, this diploma enhanced the René Cassin Foundation. One of the prizes my skills in the field of human rights. RESULTS awarded to laureates of this competition was the opportunity to participate in annual study It is such an honour to be a graduate of this The 47th annual study session welcomed 249 For the first time, the program of this annual study session of the Foundation in July 2016. diploma and I would like to thank the René participants who were from 53 countries. The session was combined with the organisation of Cassin Foundation for it. I just can encourage most of them were citizens of African States. a public conference on sexual violence during To be a part of this annual study session was an potential candidates to participate in future Participants appreciated the quality of courses, armed conflicts. This conference was chaired opportunity to develop knowledge on different annual study sessions. but also the opportunity created by this by Céline Bardet, legal officer specialised in human rights protection systems. Before this session to meet professionals from all types war crimes, international criminal justice and experience and during my university education, of backgrounds, and especially practitioners. transnational crime and was the opportunity I never had the chance to learn about foreign This session gave them the opportunity to for a fruitful debate. human rights protection systems, but only understand and deepen a wide range of issues the European one. This annual study session link to armed conflicts. met my expectations by broadening my legal landscape. I had the opportunity to attend to great quality courses provided by renowned speakers.

14 THE RENÉ CASSIN FOUNDATION – INTERNATIONAL INSTITUTE OF HUMAN RIGHTS - ANNUAL REPORT 2016 15 2. CONTINUING TRAINING THEMES SPEAKERS Christophe PETTITI, Lawyer at the Bar of Paris, Secretary The René Cassin Foundation organised, in partnership, with different bars, schools of administration Tribute to Michel PUECHAVY and universities, continuing training in international and European human rights law to practitioners. General of the IDHAE and IDHBP These events can be validated under the obligatory continued education of professionals and are The case-law of the European Court Ledi BIANKU, Judge at the European Court of Human open to advanced students. of Human Rights in the field of Rights asylum right

The separate opinions of judges Paul TAVERNIER, Emeritus Professor at the University of the European Court of Human Paris Sud (Paris XI), Director of the CREDHO Rights in the case-law about France

The case-law Arnaud and others v. France (January 15, 2015) on the Jean-Christophe GRACIA, Deputy Director for civil and retroactivity wealth tax of French justice affairs to the Ministry of Justice citizens who lived in Monaco

The case-law Arnaud and Couderc and Hachette Filipacchi Associés v. Jean-Yves DUPEUX, Lawyer at the Bar of Paris France (November 10, 2015) : private life and the image right of monarch

The case-law Canonne v. France Amélie DIONISI-PEYRUSSE, Lecturer at the University of (June 25, 2015) on the establishment Rouen, HDR, Member of the CREDHO-DIC of parentage

The case-law Ebrahimian v. France (November 26, 2015) on the wearing FRANCE AND THE EUROPEAN COURT OF HUMAN RIGHTS Paul von MÜHLENDAHL, CREDHO (Paris Sud) of the veil by an employee of a The René Cassin Foundation and the Study and Research Center on Human Rights and Humanitarian hospital Law (CREDHO) organised a seminar in honour of Michel PUECHAVY on the theme “France and the The case-law Morice v. France (April Nicolas HERVIEU, Ph.D. Candidate in public law, CREDOF European Court of Human Rights” which took place on May 27th, 2016. The event was organised 23, 2015) on the freedom of speech (University of Paris Ouest) with the support of Bar of Paris Solidarity Funds and the European Bar Human Rights Institute of lawyers (IDHAE). This seminar focused on the analysis of the French jurisprudence of the European Court of Human Rights, especially on case-law on freedom of speech, right to life, filiation, the protection The case-law Lambert and others of private life, the wearing of the veil, taxation and the lawyer and the freedom of speech. v. France (June 5, 2015) on the Laurent PETTITI, Lawyer at the Bar of Paris life support of a person on a total dependency situation

The case-law Vince Construction and GTM Génie Civil et Services Rodolphe FERAL, Human Rights Branch, Legal Affairs v. France (April 2, 2015) on the Directorate, Ministry of Foreign Affairs and International data capture linked to the bonds Development between lawyer and the client

16 THE RENÉ CASSIN FOUNDATION – INTERNATIONAL INSTITUTE OF HUMAN RIGHTS - ANNUAL REPORT 2016 17 3. SEMINARS 4. THE HUMAN RIGHTS CLINIC

DOCTORAL SEMINAR – THE INTERRELATEDNESS OF INTERNATIONAL HUMAN RIGHTS LAW CLINIC HUMAN RIGHTS NORMS The return of the Human Rights Clinic of Strasbourg took place on October 11, 2016, for the two On September 15th, 2016, the René Cassin Foundation organised a doctoral seminar to Ph.D promotions composed of a total of 18 students. The Clinic takes place over two years and combines Candidates and doctors in law who are working on the protection of human rights. This seminar theoretical training in international human rights law and implementation by processing litigation was organised on the basis of several oral presentations of Ph.D Candidates and Researchers and before the European Court of Human Rights and the cooperation with various actors in the field of was led by three Professors who intervened at the end of each presentation to give advice, criticize human rights. and open a discussion with all participants. Students are encouraged to work with partners on different themes or legal problems, but also with groups on topics proposed by the students or the professors supervising the diploma. This seminar was led by Claire VIAL, Professor at the University of Montpellier and Director of Moreover, they take courses at the Faculty of Law of Strasbourg and seminars taught by experts in the IDEDH, Fabien MARCHADIER, Professor at the University of Poitiers and Sébastien TOUZÉ, international human rights law that take place at the Fondation. Professor at the University Panthéon-Assas, Director of the René Cassin Foundation and Member of the United Nations Committee against Torture. 8 Ph.D Candidates were selected on the basis of In 2016, clinicians organised several scientific events: a written presentation to intervene during this doctoral seminar. •  Symposium on “The Protection of personal data in Europe” – September 30, 2016 • Half-day of study on “The legal adviser in front of requirements of quality and coherence of the COURSES SPEAKERS jurisprudence of the European Court of Human Rights” – April 8, 2016 • Conference on “Business and Human Rights” – March 23, 2016 organised with the “Association Sébastien TOUZÉ, Professor at the University Panthéon- des juristes internationalistes de Strasbourg” Introductive word Assas, Director of the Fondation René Cassin and Member of the United Nations Committee against Torture

The universality of human rights Mohamed Saleh ABEIH, Ph.D Candidate at the University protection norms of Limoges

Interdependence normative and David APPANAH, Ph.D Candidate and ATER at the State consent in international University of Strasbourg human rights law

Aspects of the interdependence of Boubacar EL IDE, University of Bourgogne and Lecturer human rights protection norms at the University Paris Ouest Nanterre La Défense

Systemic interpretation of human Nadia NAHMAN, Ph. D Candidate at the University of rights protection norms Strasbourg

International humanitarian law Evangelia VASALOU, Ph. D Candidate at the University as a lex specialis in relation with Panthéon-Assas (Paris II), Research Assistant at the European Convention of Human Fondation René Cassin Rights

Coexistence between the European Convention of Human Rights and Pierre DURAND, Ph.D Candidate and ATER at the University the other norms of the Council of of Toulouse 1 Capitole Europe

The permeability of children rights Sandie BATISTA, Ph. D Candidate at the University of recognized by the European Union Rouen

18 THE RENÉ CASSIN FOUNDATION – INTERNATIONAL INSTITUTE OF HUMAN RIGHTS - ANNUAL REPORT 2016 19 TESTIMONY of law by contributing as amicus curiae to the SEMINARS IN 2015-2016 COURS SPEAKERS European Court of Human Rights. Independance, Jean-François BRUN, Coralie Gervaise Moreover, I had the unique opportunity offered January 14th, 2016 confidentiality and President of the Bar of Student of the Human Rights by the Clinic to travel to Costa Rica and observe incompatibilities of Lawyer Strasbourg Clinic (2013-2015) the functioning of the Inter-American Court. I have been for some days in the heart of the Christine BJORK, Chargée Inter-American jurisprudential production. des affaires juridiques The clinic has allowed me to meet legal International Armed January 27th, 2016 au Ministère des Affaires Having discovered Human Rights during my practitioners from all around the world with Conflicts Law Etrangères (Stockholm, Erasmus year at Birmingham University, I was some whom I am still in contact, it also has Suède) delighted to deepen my knowledge on the undoubtedly expanded my knowledge of subject within the new Human Rights Clinic human rights and especially it has let me Procedure before the ECHR Christophe PETTITI, February 5th, 2016 crated by the Strasbourg Faculty of law and the discovered human rights in the individual daily – The perspective of Lawyer Lawyer at the Bar of Paris René Cassin Foundation. My 2013 promotion lives and its practical effects. Undeniably this Paulo Sergio PINTO DE was the first one to participate in this new experience was very positive. Today I draw all Procedure before the ECHR ALBUQUERQUE, Judge practical training for two years. the benefits because this training had led to February 22th, 2016 – The perspective of Judge at the European Court of The first year provided me with a great my end of Master II internship, within the UN Human Rights exposure to different Human Rights system High Commissioner for Human Rights. I highly and the opportunity to investigate them recommend the Clinic experience and wish Pascal DOURNEAU thoroughly. Thanks to various events, seminars the future participants the same intellectual Procedure before the JOSETTE, Chief of legal and conferences led by different human rights pleasure that I had. March 11th, 2016 ECHR – The perspective of division at the Registry actors, various projects have emerged within Registry of the European Court of the Clinic. Personally, I have chosen to work Human Rights. on the Inter-American system of human rights, interested in Latin America and human rights Fabrice BURGAUD, Reasoning methods of the issues in this region. With other clinicians we Auditor at the European May 4th, 2016 European Court of Human decided to undertake the work of synthetization Law Office of the «Cour Rights and translation into French of all the Inter- de Cassation» American Court of Human Rights jurisprudence. During my second year, we faced the practice Jean-Pierre SCHOUPPE, Professor at the Pontifical November 16th, 2016 Religious Freedom University of the Holy Cross

Frédéric EDEL, Researcher at the Center of Experties and Administrative Research The principle of non- (CERA) of the ENA, discrimination and November 17, 2016 Deputy Editor of the international human rights French Review of Public law Administration (RFAP) and Lecturer in Public Law at the University of Strasbourg

Philippe KALFAYAN, The development of judicial Legal Officer, Former November 30th, 2016 strategy in the field of Secretary General of the human rights F.I.D.H.

20 THE RENÉ CASSIN FOUNDATION – INTERNATIONAL INSTITUTE OF HUMAN RIGHTS - ANNUAL REPORT 2016 21 TRAINING SESSIONS ABROAD

Through the year, the René Cassin Foundation organises training session abroad in various countries MALI, BAMAKO to promote teaching in international human rights law and to contribute to the reinforcement of actors’ abilities in the field of human rights. These training sessions, organised with the support of numerous partners, respond to a strong demand for training by professionals. They are implemented INTERNATIONAL HUMAN RIGHTS LAW, INTERNATIONAL CRIMINAL LAW AND REFUGEE LAW in regions where the lack or training undermines the establishment of an effective system for the protection and the promotion of human rights. PRESENTATION AND OBJECTIVE

The third training session abroad of the René contributes to the promotion of human rights for Cassin Foundation took place in Bamako from national institutions, especially judicial bodies. February 15th to 20th, 2016 and was organised This session aims at strengthening a mutual with the Friedrich Naumann Foundation for understanding about the new challenges Freedom (FNF) and the Human Rights Division that impact the international protection of of the Integrated Multidimensional Mission in human rights and the actions that allow for a Mali (DDH-MINUSMA). Created in 2014, this reinforcement of the human rights protection session was set up in response to the political systems and Rule of Law in Africa. Indeed, the and security crisis that followed the crisis in improvement of legal reflexes and a better 2012. knowledge of international legal instruments It aims at providing the actors with the tools are the better way for an appropriation of human they needed for a good management of the rights by targeted groups and are an essential post-conflict process with a better protection condition to the full enjoyment of fundamental of freedoms and human rights of citizens rights by everyone. and a reinforcement of the Rule of Law and democratic culture in Mali. Organisers wished to set up a framework for exchanges, thinking and reflection for the emergence of a new citizenship based on equality in right, in duties and in front law in a functional State. The goal of the training session in Bamako is providing high-quality training in the field of international criminal law and human rights to a French-speaking public coming from Sahelo- Saharan region and working in the judicial and human rights fields or in the security forces or governmental authorities. This training also

Training sessions abroad in 2016: Bamako, Mali Yaoundé, Cameroon Beirut, Lebanon Dakar, Senegal Abidjan, Ivory Coast Port-au-Prince, Haïti

22 THE RENÉ CASSIN FOUNDATION – INTERNATIONAL INSTITUTE OF HUMAN RIGHTS - ANNUAL REPORT 2016 23 PROGRAM

THEMES SPEAKERS THEMES SPEAKERS

Inge HERBERT, Regional Director West Africa, Friedrich International Criminal Law : Bérangère TAXIL, Professor, University of Angers Naumann Foundation for Freedom (FNF) Procedure before the ICC Muriel SOGNIGBÉ SANGBANA, Programme Officer, International Criminal Law : Fondation René Cassin Bérangère TAXIL, Professor, University of Angers Jens URBAN, Project Manager at the German Ambassy in Cooperation with the ICC Mali, Representant of the Excellence the Ambassador Welcoming Statements Philippe LAGRANGE, Professor, Dean of the Faculty of SEM Gilles HUBERSON, Ambassadeur de France au Mali International Humanitarian Law Law and Social Sciences of the University of Poitiers Guillaume NGEFA, Representative of the High Commissioner for Human Rights in Mali and Director of The status of refugees – inclusion – the Human Rights Division of the MINUSMPA cessation and exclusion – “principe Caroline LANTERO, Lecturer, University of Auvergne SANOGO Aminata Mallé, Minister of Justice and Human de non refoulement” Rights of Mali Zakaria DABONÉ, Lecturer, Head of Department of Law, Inaugural lecture : The importance International Humanitarian Law Fatoumata D. DIARRA, Former Vice-President of the ICC, Polytechnic University of Bobo-Dioualasso International Criminal Law in the President of the Council of the Juridical and Political Alain-Guy TACHOU SIPOWO, Postdoctoral Fellow at fight against gross crimes and International Criminal Law: Sciences of Bamako Centre for Human Rights and Legal Pluralism, McGill impunity Immunity before the ICC University Faculty of Law Jean MATRINGE, Professor, Public Law, School of Law International Human Rights Law of « La Sorbonne », University of Paris 1 – Panthéon Special Conference : African States Alain-Guy TACHOU SIPOWO, Postdoctoral Fellow at Sorbonne and the International Criminal Centre for Human Rights and Legal Pluralism, McGill Justice University Faculty of Law International Criminal Law: Isabelle MOULIER, Lecturer in Public Law, University of incriminations and criminal law Yvon Christian ELENGA, Doctor in Political Theology, Auvergne Closing Conference rules Rector of the Institute of Theology of the Society of Jesus

International Criminal Law: Guillaume NGEFA, Representative of the High Isabelle MOULIER, Lecturer in Public Law, University of prosecution before national Commissioner for Human Rights in Mali and Director of Auvergne courts the Human Rights Division of the MINUSMPA Daouda SECK, Programme Officer at the Friedrich Introduction to the UNHCR’s Guy-Rufin GUERNAS, rotection Administrator, UNHCR Naumann Foundation of Freedom (FNF) mandate and its activities Office in Mali Closing Statements Muriel SOGNIGBÉ SANGBANA, Programme Officer, Fondation René Cassin International Criminal Law: the Philippe WECKEL, Professor, University of Nice-Sophia Davidse KOEN, Special Deputy Representant to Political forms of responsability and the Antipolis Affairs, MINUSMA representation of victims before ICC SANOGO Aminata Mallé, Minister of Justice and Human Thematic course 1 : special criminal Philippe WECKEL, Professor, University of Nice-Sophia Rights of Mali jurisdictions Antipolis Mouhamadou Lamine CISSÉ, Programme Officer, Thematic course 2 : the universal Philippe WECKEL, Professor, University of Nice-Sophia Friedrich Naumann Foundation of Freedom in Mali jurisdiction Antipolis Coordination Annie RASHIDI-MULUMBA, Human Rights Officer, Reinforcement of capacities and technical cooperation Muriel SOGNIGBÉ SANGBANA, Programme Officer, Fondation René Cassin

24 THE RENÉ CASSIN FOUNDATION – INTERNATIONAL INSTITUTE OF HUMAN RIGHTS - ANNUAL REPORT 2016 25 RESULTS CAMEROON, YAOUNDÉ From a scientific point of view, the session in Courses were focused on practical and Bamako was marked by the development of theoretical approaches and they have allowed THE LAW FACED WITH HUMAN RIGHTS VIOLATIONS refugee law training. Participants appreciated time for questions and enriching debates the content, the documentary supports of between participants. This training session the courses and the teaching methods of in Bamako welcomed 143 participants with PRESENTATION AND OBJECTIVE the speakers. They thought that courses a majority of judges, managers in public helped them have a better understanding of administrations, NGO’s members and The first training session abroad in international After organising training sessions in Abidjan international criminal law and international international civil servants. The passing rate of human rights law was held on the theme “Law (Ivory Coast), Bamako (Mali) and Dakar (Senegal), human rights law. As magistrates, lawyers, the final exam is 67% and two laureates have faced with human rights violation” from April 4th partners had the idea to create a new training officers in various national administrations, obtained scholarships in order to participate in to 9th, 2016 in the premises of the International session in international human rights law members of security forces and human rights the 47th annual study session of the Foundation Relations Institute of Cameroon in Yaoundé. because of a lack of training for practitioners advocates, the training session provides in Strasbourg. This training session was created by the in this country and the difficulties to come to them with a good opportunity to update their Fondation René Cassin, the United Nations France for the annual study session. This session knowledge and was a framework for exchanges Center for Human Rights and Democracy in is a thematic training in international human and discussion on international criminal law Central Africa and the International Observatory rights law which develops regional and specific and international human rights law issues in for Democracy and management of crisis and theme each year. the African context between participants and conflicts, with the support of the Citizen and speakers. Political School of Yaoundé and the International Relations Institute of Cameroon in Yaoundé.

PROGRAM

THEMES SPEAKERS

Pierre-Emmanuel TABI, Director of the International Relations Institutes in Cameroon (IRIC) Muriel SOGNIGBÉ SANGBANA, Programme Officer, Representant of the Fondation René Cassin, Strasbourg Mohamadou Lamine CISSE, Representant of the International Observatory for Democracy and Management of Crisis and Conflicts (OIDEC) Welcoming Statements EMAH ETOUNDI Vincent de Paul, Director the Citizen and Political School of Yaoundé (ECPY) Ahowanou AGBESSI, Director of the United Nations Center for Human Rights and Democracy in Central Africa and Regional Represenant of the United Nations Office of the High Commissioner for Human Rights BEKONO Georges, Technical Advisor N°1, Ministry of Foreign Affairs

Jean MATRINGE, Professor, Public Law, School of Law International Human Rights Law of « La Sorbonne », University of Paris 1 – Panthéon Sorbonne

26 THE RENÉ CASSIN FOUNDATION – INTERNATIONAL INSTITUTE OF HUMAN RIGHTS - ANNUAL REPORT 2016 27 THEMES SPEAKERS THEMES SPEAKERS

The African human rights protection Guillaume LE FLOCH, Professor of Public Law, University Alain Didier OLINGA, Professor of Public Law, IRIC International Humanitarian Law system of Rennes 1

SPECIAL CONFERENCE : The African Thematic course 3 : Redress for Philippe CURRAT, Lawyer at the Bar of Geneva Charter on Democracy, Elections gross violations of human rights Brusil Miranda METOU, Professor of Public Law, and Governance and the prohibition « Agrégée » of Faculties of Law, University of Yaoundé II Thematic course 4: Transitional of unconstitutional changes of Noémie TURGIS, Jurist at the International Criminal Court government Justice

Cristiano D’ORSI, Researcher, Post-Doctoral, Human Special Conference: Human Rights Muriel SOGNIGBE SANGBANA, Programme Officer, Refugee Law Rights Centre, University of Pretoria and International Investments Representant of the Fondation René Cassin, Strasbourg Closing Conference : The protection Jean MATRINGE, Professor, Public Law, School of Law Mutoy MUBIALA, Administrator at the United Nations of human rights faced with the International Criminal Law of « La Sorbonne », University of Paris 1 – Panthéon Office of High Commissioner for Human Rights, Geneva Sorbonne terrorist threat

Thematic course 1 : The right of Muriel SOGNIGBÉ SANGBANA, Programme Officer, victims before international criminal Philippe CURRAT, Lawyer at the Bar of Geneva Representant of the Fondation René Cassin, Strasbourg jurisdictions Mohamadou Lamine CISSE, Representant of the International Observatory for Democracy and International Criminal Law Philippe CURRAT, Lawyer at the Bar of Geneva Management of Crisis and Conflicts (OIDEC) Closing Ceremony EMAH ETOUNDI Vincent de Paul, Director the Citizen and Thematic course 2 : Special Noémie TURGIS, Jurist at the International Criminal Court Political School of Yaoundé (ECPY) International Criminal Jurisdictions Ahowanou AGBESSI, Director of the United Nations Center for Human Rights and Democracy in Central Africa and Regional Represenant of the United Nations High Commissioner for Human Rights

Dorothée NDOH ONGUENE, National Professional Officer, United Nations Center for Human Rights and Democracy Coordination in Central Africa Muriel SOGNIGBÉ SANGBANA, Programme Officer, Representant of the Fondation René Cassin, Strasbourg

RESULTS

This training session in Yaoundé welcomed The training session ended with a knowledge 106 participants coming from 10 countries test on the entire program. 73% of participants with a majority of Cameroonian participants, obtained the certificate of success; this high including 30% of women. Thematic courses rate is an indication of the pedagogy of speakers were completed by fundamental courses and and the high-level of participants. special conferences. Speakers were mostly French and African Professors but also experts of international organisations. This variety of profiles and experiences was enriching for the exchanges with participants.

28 THE RENÉ CASSIN FOUNDATION – INTERNATIONAL INSTITUTE OF HUMAN RIGHTS - ANNUAL REPORT 2016 29 LEBANON, BEIRUT PROGRAM

INTERNATIONAL HUMAN RIGHTS LAW THEMES SPEAKERS

Dr. Aicha YAKAN, ice-President of the University Jinan PRESENTATION AND GOAL Pr. Mohammed Amin AL-MIDANI, Member of the Association of friends of the International Institute of Welcoming statements The René Cassin Foundation organised with the This allowed participants to deepen their legal Human Rights – Fondation René Cassin Al-Jinan University of Tripoli a 4th international knowledge in these areas and to acquire an M. Hervé SABOURIN, Director of the Middle-East Office training session « Mona Haddad » in international understanding of the functioning of human of the AUF human rights law. This training took place in rights protection mechanisms, international Beirut from May 9th to 12th, 2016. This new humanitarian law and interactions between Mr le juge Tarek Ziadeh, Vice-President of the Inaugural Lecture edition provides continuity with the past training these corpus. Constitutional Council of Lebanon sessions in this country. Courses were specifically focused on regional The Universal human rights Dr. Laurent TRIGEAUD, Lecturer at the University The goal of this session in Beirut is to offer issues of the Arab world. This 4th training session protection system Panthéon-Assas (Paris II) quality training in the field of human rights to a emphasized the Syrian armed conflict and the The European human rights Dr. Yannick LÉCUYER, Lecturer at the University of Angers broad public of participants, who have different challenges brought by the refugee situation. protection system (France) specialties and are coming from various countries. It aims at allowing participants to Broadly, the program of this training session Pr. Mohammed Amin AL-MIDANI, Guest Professor, The Arabic human rights protection directly contribute to the promotion and the was created to offer an overall vision of the new University Jinan, Member of the Association of Friends of system protection of these rights in their working life. challenges affecting the international human the IIHR-Fondation René Cassin rights protection, existing deficiencies and The public was composed of law students of the the solutions to reinforce the mechanisms of Pr. Saïd MAJZOUB, Head of Human Rights Department of University of Jinan but also many professionals protection. the University Jinan working for international organisations, national International humanitarian law Dr. Ahmad ISHRAKIEH, Professor at the Lebanese institutions, judicial family, public administration University and civil society. There also was a great diversity Yara KHAWAJA, CICR Representant, Lebanon in the public because participants came from Dr. Marina EUDES, Lecturer in Public Law, University Paris the entire Middle-East to be a part of this International Criminal Law training session. Ouest Nanterre la Défense Dr. Caroline LALY-CHEVALIER, Legal Advisor, UNHCR Refugee Law The program of this training session aimed at Paris giving a synthetic, but complete presentation of the international and regionals human Pr. Mohammed Amin AL-MIDANI, Guest Professor, rights protection systems and to present University Jinan, Member of the Association of Friends of ROUND TABLE I : The role of NGOs the fundamental principles of refugee law, the IIHR-Fondation René Cassin in the field of the promotion of international humanitarian law and international Dr. Khouloud AL KHATIB, Lebanese University human rights criminal law. Mme Sarah GHANEM, Legal Advisor, Norwegian Refugee Council

Pr. SAID MAJZOUB, Head of Human Rights Department of ROUND TABLE II : The training in the the University Jinan field of human rights Liliane EL-KAZZI, University Kaslik, Lebanon Dr. Karim AL MUFTI, University « la Sagesse », Lebanon

The participation of victims of Juge Haniya El Hasan, Consultant, Ministry of Justice, international crimes in the trials Lebanon before international jurisdictions

30 THE RENÉ CASSIN FOUNDATION – INTERNATIONAL INSTITUTE OF HUMAN RIGHTS - ANNUAL REPORT 2016 31 THEMES SPEAKER SENEGAL, DAKAR

Transitional Justice Dr. Mazen CHINDEB, Lecturer at the University Jinan HUMAN RIGHTS AND THE FIGHT AGAINST TERRORISM Pr. SAID MAJZOUB, Head of Human Rights Department of the University Jinan PRESENTATION AND GOAL Elsa ZIMMER, Programme Officer, Representant of the Closing Ceremony Fondation René Cassin The René Cassin Foundation – International For the first time in Senegal, this training session Hervé SABOURIN, Director of the Middle-East Office of Institute of Human Rights and the West Africa was thematic and focused on “Human Rights the AUF Regional Office of the Friedrich Naumann and fighting against terrorism”. Indeed, some Foundation for Freedom organised a 7th training armed terrorist groups are present in Sahel, with session in international human rights law in Dakar the result that this subregion is experiencing a (Senegal). This training took place from 19th widespread instability and insecurity due to RESULTS to 30th of September 2016 and was organised terrorist attacks and hostages taking. thanks to the support of the Cooperation and This training session welcomed 74 participants lively discussions on the role of the judge and Cultural Action Office of the Ambassy of France Fighting against impunity in all its forms is mainly coming from Lebanon and Syria but its powers to broadly interpret the provisions in Senegal (SCAC), the West Africa Regional a fundamental imperative for the stability in also Palestine, Iraq, Iran, Libya, France and of conventions during courses on universal Office of the Office of the United Nations High Sahel and the establishment of a lasting peace. Sudan. Participants were students in law and and regional human rights protection systems. Commissioner for Human Rights (BRAO) and Moreover and beyond the security threat in professionals, mainly legal advisors, workers on the Senegalese Committee on Human Rights Africa and elsewhere, terrorism is a challenge the ground, lawyers, journalists and members (CSDH). for the fundamental balance based on human of non governmental organisations. At the end Furthermore, the inherent limits of the action rights and civil liberties. of this session, an exam was organised which of jurisdictional and non-jurisdictional human The program of this session aimed at consisted in a multiple-choices questions, 61 rights protection mechanisms, especially in the providing a complete and synthetic training The goals of this program were to focus on this participants passed it. light of Syrian conflict, were emphasized by on the international and regional human specific issue, which is of particular relevance participants. rights protection systems but also to present for human rights professionals who are working On the scientific level, the quality of the courses the fundamental principles of refugee law, in this subregion but also to develop the was underlined by participants. We noted some international humanitarian law and international attractiveness of this old training session and to criminal law. renew the supply of training.

32 THE RENÉ CASSIN FOUNDATION – INTERNATIONAL INSTITUTE OF HUMAN RIGHTS - ANNUAL REPORT 2016 33 PROGRAM

THEMES SPEAKER THEMES SPEAKER

Opening speeches Refugee Law Hélène RASPAIL, Lecturer at the University du Maine

Éric TISTOUNET, Head of the Human Rights Council The implementation of international Abdoulaye SOMA, Professor at the Faculty of Law, Inaugural lecture Branch of the United Nations High Commissioner for human rights protection University of Ouagadougou Human Rights instruments in Western Africa

Introductive course Laurence DUBIN, Professor at the University Paris 8 Thematic course : Migration and Hélène RASPAIL, Lecturer at the University du Maine Human Rights Éric TISTOUNET, Head of the Human Rights Council The United Nations and Human Branch of the United Nations High Commissioner for Special Conference : The protection Rights Chérif FERJANI, Professor at the University Lumière-Lyon Human Rights of fundamental liberties and the 2 fight against terrorism The European Human Rights Moustapha AFROUKH, Lecture at the University of Protection System Montpellier Closing Lecture Me Sidiki KABA, Minister of Justice, Keeper of the Seals

Thematic course « Terrorism in Closing ceremony Baraky SAMBE, Lecturer at the University Gaston Berger Africa : issues and challenges of the de Saint-Louis regionalization”

Groupe A. Nina LE BONNIEC, Doctor in Public Law, University of Montpellier Seminar – Practical Case Groupe B. Marjorie BEULAY, Doctor in International Public Law, University de Picardie

The African Human Rights Makane MBENGUE, Associate Professor of the University RESULTS Protection System of Genève, Visiting Professor at Sciences Po Paris This 7th training session welcomed 98 speeches given by two political scientists which The Interamerican Human Rights Julie TAVERNIER, Ph. D Candidate and Assistant Lecturer participants who mainly were professionals such help them have multidisciplinary approaches of Protection System at the University Panthéon Assas Paris II as lawyers, practitioners, journalists, members issues. The Institut Culturel Français organised of NGOs and some high-level students. Fifteen a film festival in which films were shown and Thematic course : fighting against Noémie TURGIS, Lawyer, Doctor in International Human nationalities were represented and 82% of followed by debates. impunity Rights Law participants obtained the certificate of success. Participants noted the quality of speakers and Thematic course : Transitional Noémie TURGIS, Lawyer, Doctor in International Human their availability. They also appreciated the justice Rights Law

Human Rights before african Paul Serges NTAMACK EPOH, Diplomat, Ministry of constitutional courts Foreign Affairs of Cameroon

Julian FERNANDEZ, Professor at the University Panthéon International Criminal Law Assas Paris II

International Humanitarian Law Xavier PHILIPPE, Professor at the University Aix-Marseille

34 THE RENÉ CASSIN FOUNDATION – INTERNATIONAL INSTITUTE OF HUMAN RIGHTS - ANNUAL REPORT 2016 35 TESTIMONY link all participants. The human experience IVORY COAST, ABIDJAN of this training session was rich thanks to the Fenella Rauscher kindness of speakers who provide us courses INTERNATIONAL HUMANITARIAN LAW Laureate of the training session in on human rights law. I have learned and Dakar 2016 deepened my knowledges on a subject which is so important for my professional project. I am PRESENTATION AND GOALS very grateful for having been involved in this training session and I recommend this pleasant From 14th to 19th of November 2016, the René After a long civil war and post-electoral crisis, The training session of September 2016 in and friendly training session in Senegal to all Cassin Foundation – International Institute Ivory Coast is dealing with a painful transition, Dakar on terrorism and human rights was an interested person. of Human Rights and the Friedrich Naumann reconstruction and political period. The current unforgettable experience for various reasons. Foundation for Freedom organised a specialised government is faced with numerous challenges, On a human level, this training session allows training session on international humanitarian such as the peaceful reconciliation, secure me to meet professional and friendly people. I law. This session took place at the CERAO weakened and vulnerable regions, improve the found dear friends during this training session (Conférence Episcopale Régionale de l’Afrique political participation and the recovery of the and I enjoyed of the solidarity of the entire de l’Ouest) in Abidjan and was intented for confidence in democratic electoral processes, group. I am delighted to be currently in touch magistrates, lawyers, NGO’s and International and initiate numerous reforms about justice with a lot of participants of the training session. Organisations’s Staff coming from West and and education. This session aims at reinforcing This training session was also an opportunity to Central Africa. democratic institutions but also the skills of key gather persons who have different professional actors of transition process. experiences and coming from different countries The organisation of this fourth training session in order to share a training on a subject which on international humanitarian law in Abidjan is in The current session also has the objective of line with the previous training sessions created training lawyers and magistrates who play a vital in 2012 by the René Cassin Foundation. This role in the implementation and the effectiveness training session in Abidjan responds to a strong of legal instruments. All participants are human demand of reinforcement of legal capacities rights advocates and defenders and they have in the field of human rights and international the responsibility to consolidate and push humanitarian law from sub-region human rights human rights forward. The first judge of human actors rights – which are protected by Conventions signed by West and Central African States – is the national judge.

36 THE RENÉ CASSIN FOUNDATION – INTERNATIONAL INSTITUTE OF HUMAN RIGHTS - ANNUAL REPORT 2016 37 PROGRAM

THEMES SPEAKERS THEMES SPEAKERS

Daouda SECK, Programme Officer at the Senegal Office Thematic course : Truth Anna GLAZEWSKI, ATER, University Paris II – Panthéon of the Friedrich Naumann Foundation of Freedom (FNF), Commissions and peacemaking Assas Representant of the West Africa Regional Director Special Conference : The fight Muriel SOGNIGBE SANGBANA, Programme Officer – Philippe WECKEL, Professor, University of Nice-Sophia against terrorism and international Fondation René Cassin Antipolis Opening speeches Claus Bernard AUER, Ambassador of Germany in Ivory humanitarian law Coast Closing Conference : The Augustin SOME, Head of Human Rights Division of the consolidation of human rights in the Paulette Ezouehu BADJO, Minister of Human Rights and ONUCI post-crisis reconstruction process Public Freedoms of Ivory Coast Paulette BADJO, Minister of Human Rights and Public in Ivory Coast Freedoms of Ivory Coast Daouda SECK, Programme Officer at the Senegal Office Inaugural Conference : The support of the Friedrich Naumann Foundation of Freedom (FNF), of the International Criminal Law for Djedjro Francisco MELEDJE, Professor of Public Law, Representant of the West Africa Regional Director International Human Rights Law and University Félix Houphouët-Boigny of Abidjan Closing Ceremony Muriel SOGNIGBE SANGBANA, Programme Officer – International Humanitarian Law Fondation René Cassin Guillaume LE FLOCH, Professor of Public Law, University Paulette Ezouehu BADJO, Minister of Human Rights and International Human Rights Law of Rennes 1 Public Freedoms of Ivory Coast

Philippe WECKEL, Professor, University of Nice-Sophia International Humanitarian Law Antipolis

Isabelle MOULIER, Lecturer in Public Law, University of RESULTS Droit international pénal Auvergne The 4th training session in Abidjan welcomed This 4th training session was a success in Niki ALOUPI, Professeur de droit public, Université de Droit des réfugiés 76 participants – 34% of women – who came terms on themes discussed, courses contents, Strasbourg from 10 different countries. Participants were documentary supports and fruitful debates with magistrates, lawyers, national and international speakers. During this training session, speakers Thematic course : the liability of Zakaria DABONE, Assistant Lecturer, University Bobo civil servants, members of NGOs, professors and of the Foundation were invited to participate foreign armed forces Dioulasso researchers, Ph. D. Candidates and students. on public conferences in local universities and Thematic course : Victims’ rights in Anna GLAZEWSKI, ATER, Université de Paris II – Panthéon Participants were mainly Ivorian citizens. Having radio broadcasts in link with themes discussed armed conflicts Assas decided to reduce the minimal rating to pass on the session. the final exam, 64% of participants obtained the Aboubacar Sidiki DIOMANDE, Assistant Lecturer, certificate of success. This decision points out Thematic course : The protection of University Alassane Ouattara de Bouaké the high level of courses provided by the experts children in armed conflicts who were invited for this training session.

Thematic course : sexual violences Isabelle MOULIER, Lecturer in Public Law, University of in conflict and post-conflict periods Auvergne

Thematic course : The role of ICRC in the promotion and the Pélagie MANZAN DEKOU, Legal Officer in charge of the development of international implementation of the IHL, ICRC, Regional Office humanitarian law

38 THE RENÉ CASSIN FOUNDATION – INTERNATIONAL INSTITUTE OF HUMAN RIGHTS - ANNUAL REPORT 2016 39 PORT-AU-PRINCE, HAÏTI PROGRAM

THE FIGHT AGAINST STATELESSNESS THEMES SPEACKER

Raphaël BRIGANDI, Officer for political affairs and PRESENTATION AND GOALS promotion and the protection of human rights. communication of the European Union Delegation in This transdisciplinarity of participants is a key Haiti. Laurent BONNEAU, Counselor for cooperation and The René Cassin Foundation – International element of the high-level discussions of this cultural action of the Embassy of France in Haiti Opening Speeches Institute of Human Rights organised a 5th training training session. Kesner Michel THERMESI, Director, School for Magistrates session in international human rights law in Port- Rosny DESROCHES, Executive Director, Civil Society au-Prince from 6th to 16th of December 2016, The theme of the training in 2016 is a topical Initiative on the theme “the fight against statelessness”. subject because of the danger of statelessness Elsa ZIMMER, Programme Officer, René Cassin Foundation This training session was organised thanks to for Haitian persons who do not have civil-status the support of the Cooperation and Cultural documents because of failures of the system Colette LESPINASSE, Former coordinator of the Support Inaugural Lecture Action Office of the French Embassy in Haiti, the of registration, but also for Haitian persons who Group to returnees and refugees in Haiti (GARR) European Union delegation in Haiti, the School were born in Dominican Republic, deprived for Magistrates (EMA) and the Civil Society of nationality and then were deported to Haiti The Interamerican human rights Nino KARAMAOUN, Senior Advisor, Governance and Rule Initiative (ISC). (between august 2015 and may 2016, more than protection system of Law, Organisation of American States 40 000 persons – including several hundred The Universal human rights Mihaela AILINCAI, Professor of public law, University This training session is usually reserved for unaccompanied children – were expelled from protection system Grenoble-Alpes Haitians participants who have some difficulties Dominican Republic, according to figures from to come in Strasbourg to assist to the annual the International Migration Organization). The European human rights Mihaela AILINCAI, Professor of public law, University study session and to other specialised training protection system Grenoble-Alpes sessions in international human rights law, Thematic course : The role of refugee law or international humanitarian law. Eric TARDIFF, Legal Officer, ICRC regional delegation in the ICRC in the fight against Mexico, Central America and Cuba The goal of this training session is to enable the statelessness participants to access to a high-level training in the field of international human rights. Courses Introduction to international Hélène RASPAIL, Lecturer in public law, University of are intended for students in legal, political, humanitarian law Maine human and social sciences, magistrates and Introduction to international Eric DAVID, Emeritus Professor of international law, students at the School for Magistrates, members criminal law Université Libre de Bruxelles of International Organisations and NGOs, and all members of the civil society involved in the Thematic course : The fight against Hélène RASPAIL, Lecturer in public law, University of statelessness Maine

Hélène RASPAIL, Lecturer in public law, University of Refugee law Maine

Thematic course : Migration and Hélène RASPAIL, Lecturer in public law, University of Human Rights Maine

40 THE RENÉ CASSIN FOUNDATION – INTERNATIONAL INSTITUTE OF HUMAN RIGHTS - ANNUAL REPORT 2016 41 THEMES SPEAKERS

Closing conference Roland-François WEIL, Head of mission, UNHCR in Haiti

Camille EDOUARD, Minister of Justice and Public Security Vincent DEGERT, Ambassador of the European Union in Haiti Elisabeth BETON DELEGUE, Ambassador of France in Haiti Closing ceremony Kesner Michel THERMESI, Directeur de l’Ecole de la Magistrature, Rosny DESROCHES, Director, School for Magistrates Elsa ZIMMER, Programme Officer, René Cassin Foundation

RESULTS

The 5th training session in Port-au-Prince underlined the quality of courses and welcomed 88 participants who mainly were appreciated the availability of speakers during magistrates and students at the School for discussions during and after courses. 64% of Magistrates, lawyers, professors, members of participants passed the exam and received the the Citizen Protection Office, members of NGOs certificate of success of this training session. and civil society, and sociologists. Courses were provided at the School for Magistrates (EMA) in Port-au-Prince. Participants

42 THE RENÉ CASSIN FOUNDATION – INTERNATIONAL INSTITUTE OF HUMAN RIGHTS - ANNUAL REPORT 2016 43 RESEARCH ACTIVITIES

ANNUAL SYMPOSIUM OF THE FONDATION RENÉ CASSIN THÈMES INTERVENANTS

SEXUALITY AND INTERNATIONAL HUMAN RIGHTS LAW II. SEXUALITY AND THE PROTECTION OF INDIVIDUALS AGAINST SEXUAL VIOLENCES Under the Chairmanship of Sébastien TOUZÉ, Professor at the University Panthéon-Assas (Paris On May 26th to 27th, 2016, the René Cassin Foundation and the « Centre Jean Bodin », legal and II), Director of the Fondation René Cassin, Member of the United Nations Committee against political research Centre, organised the annual symposium of the René Cassin Foundation on the Torture theme “Sexuality and International Human Rights Law”. This symposium was relevant for legal practitioners in the context of the continuing training. • Rapes and sexual assaults : gender-based violences ? : It focused on issues about individual’s freedom, the protection of victims of violent practices and Diane ROMAN, rofessor of Public Law at the University the protection of society and the restriction on sexuality for reasons of public order. of Tours • The « ritual » character of sexual violences: Bérangère Categories of sexual violences : TAXIL, Professor of Law at the University of Angers, THEMES SPEAKER Associated Justice at the National Court on Asylum Law • Sexual violences and armed conflicts : violences during I. SEXUALITY AND FREEDOMS OF INDIVIDUALS peace operations: Isabelle FOUCHARD, Research Officer Under the Chairmanship of Jean-Paul COSTA, former President of the European Court of CNRS, UMR of comparative law Paris Human Rights and President of the Fondation René Cassin - International Institute of Human Rights • The protection of foreigners: Niki ALOUPI, Professor of Public Law at the University of Strasbourg, Associated Introductive Report: Which rights Fabien MARCHADIER, Professor of Private Law, University Justice at the National Court on Asylum Law to/of sexuality ? of Poitiers Particularly vulnerable categories of • The protection of child against exploitation and sexual persons: abuses: Claude JANIZZI, President of the Committee • Sexuality et detention : David SZYMCZAK, Professor of of the Parties to the Convention on the Protection of The access to sexuality for Public Law, IEP of Bordeaux Children against Sexual Exploitation and Sexual Abuse individuals : • Sexuality et disability : Mona PARÉ, Professor of Law at (Lanzarote Committee) the University of Ottawa II. SEXUALITY AND SOCIETY PROTECTION • Homosexuality and bisexuality: Paulo PINTO DE Sous la Présidence de Félicien LEMAIRE, Professeur de droit public à l’Université d’Angers ALBUQUERQUE, Professor Doctor, Catholic University Lisbon, Judge at the European Court of Human Rights • Ingérences pour la procréation : interdictions de la • Disapproval practices Freedoms of practices and sexual contraception et de l’avortement : Anne-Blandine CAIRE, - trip in yellow lands: Yannick LECUYER, Lecturer in Public Professeure de droit privé à l’Université de Clermont- orientation : Les ingérences publiques dans la Law, University of Angers Ferrand capacité génésique des individus : - Sadomasochism in International Human Rights Law: • Ingérences contre la procréation : les stérilisations Julien CAZALA, Lecturer in Public Law, seconded to the forcées : Eric CARPANO, Professeur de droit public à University of Galatasaray l’Université de Lyon III

• Prostitution et responsabilité sociale des entreprises (RSE) : Kathia MARTIN-CHENUT, Chargée de recherches CNRS (UMR-DRES – Droit, religion, entreprise et société) • La pornographie : Jean-Christophe BARBATO, Professeur Entreprenariat et marchandisation de droit public à l’Université de Nantes de la sexualité : • La traite des êtres humains à des fins d’exploitation sexuelle : commerce et esclavage sexuel : Nicolas LE COZ, Président du Groupe d’Experts du Conseil de l’Europe sur la lutte contre la traite des êtres humains (GRETA)

Jean-Pierre MARGUENAUD, Professeur de droit privé à Rapport de synthèse l’Université de Limoges

44 THE RENÉ CASSIN FOUNDATION – INTERNATIONAL INSTITUTE OF HUMAN RIGHTS - ANNUAL REPORT 2016 45 INTERNATIONAL SEMINAR ON DEATH PENALTY THEMES SPEAKER

On June 24th, 2016, the René Cassin Foundation organised, with the support of the Permanent II. THE FRAMING OF THE DEATH PENALTY BY THE INTERNATIONAL AND REGIONAL HUMAN Representation of Germany to the Council of Europe, the Ministry of Foreign and International RIGHTS PROTECTION SYSTEMS Development of France and the Council of Europe, an international symposium on the death penalty. The goal of this seminar was to continuing the international cooperation on this topic The United Nations Human Rights Marc BOSSUYT, President of the Constitutional Court of launched by the International Conference on Death Penalty which was organised in 2014 in Protection System Belgium Costa Rica. This seminar was the occasion to seek a constructive dialogue with the Belarussian The European Human Rights Robert SPANO, Judge at the European Court of Human authorities, representatives of civil society, professors and experts coming from countries which Protection System Rights have abolish or continue to practise the death penalty. The seminar also focused on the position of the international human rights protection organs. The Inter-American Human Rights Julie TAVERNIER, Ph.D. Candidate at the University Paris II Protection System Panthéon Assas, Lecturer at the University Paris X

The Council of Europe action on the Matjaž GRUDEN, Director of Policy Planning, Council of abolition of death penalty Europe THEMES SPEAKER III. LIMITS AND ALTERNATIVES TO THE DEALTH PENALTY Jean-Paul COSTA, President of the International Institute Welcoming Statement of Human Rights - Fondation René Cassin, Former The vision of death penaly by civil Aleh HULAK, President of the Belarusian Helsinki President of the European Court of Human Rights society Committee

I. COMPARATIVE APPROACHES OF DOMESTIC PRACTISES The alternative sanction to the Christophe POIRIER, Ph.D. Candidate at the University of death penalty Poitiers The example of the Commonwealth Saul LEHRFREUND, Executive Director of the Death countries Penalty Project, Lawyer Meritxell MATEU, General rapporteur on abolition of Closing Statement the death penalty of the Parliamentary Assembly of the Jean DHOMMEAUX, Emeritus Professor at the University Council of Europe The example of France of Rennes I

Nikolai SAMOSEIKO, President of the Standing Commission on Legislation and Legal Issues of the House The example of Belarus of Representatives on the National Assembly of the Republic of Belarus

Osamu NIIKURA, Professor at Aoyama Gakuin University, The example of Japon Tokyo

46 THE RENÉ CASSIN FOUNDATION – INTERNATIONAL INSTITUTE OF HUMAN RIGHTS - ANNUAL REPORT 2016 47 RENÉ CASSIN THESIS PRIZE PUBLICATIONS

In order to develop and promote the publication of research works relating to human rights issues, the René Cassin Foundation annually awards the French-Speaking (since 2006) and the English-Speaking (since 2012) René Cassin Thesis Prize. Sébastien TOUZÉ (dir.), L’abolition universelle de la peine de mort - Actes du colloque des 9 et 11 octobre 2014, Editions A. Pedone, Paris, To be eligible, candidates should have defended their doctoral thesis in one of the following areas: 2016 international human rights law, regional human rights law, comparative human rights law or legal theory of human rights. These Prizes are rewarded during the opening ceremony of the annual

study session of the Foundation and theses are published at the Edition Pedone in the collection Thèse CASSIN N° 31 -Protection des droits de l'homme 9-2016_Mise en page 1 30/09/16 15:02 Page1 “Publications de l’Institut International des Droits de l’Homme”. A N N I E V S Publications de l’Institut International des Droits de l’Homme ) R O . Z A R I A L - D B ( E M I U É S Z G T U R N O O A I T G

R . R D U S N B

A .

. L J

Au sein du droit international et européen des droits de 31

l’homme, les systèmes juridictionnels de protection des droits de l’homme occupent N

une place prépondérante aux côtés des systèmes non juridictionnels de suivi et I

de prévention. S Ils se sont multipliés et diversifiés. La plupart sont dotés de juridictions ayant des compétences exclusivement consacrées à la protection des droits de l’homme. S The Thesis Prize 2016 was awarded to Ludovic PAILLER from the University of Limoges (under the Une partie offre à des juridictions généralistes des compétences de protection A des droits de l’homme. LA PROTECTION C Ce foisonnement des juridictions supranationales de protection des droits de DES DROITS DE L’HOMME l’homme renforce le droit international et européen des droits de l’homme. Cette É évolution provoque diverses interrogations relatives à la conciliation des droits PAETR ’ H O M E

de l’homme et de la souveraineté, à la fonction et à la légitimité du juge supra- N

nationale pour trancher des questions politiques et des questions de société, à T I O N A L E S

E LES COURS SUPRANATIONALES supervision of Fabien MARCHADIER, Professor, University of Poitiers; M. Eric GARAUD, Professor, l’émiettement et à la cohérence globale de la protection juridictionnelle des droits de l’homme. R

Le quatrième colloque de l’Institut international des droits de l’homme tente de Actes du colloque des 8 et 9 octobre 2015 Joël ANDRIANTSIMBAZOVINA, Laurence BURGORGUE-LARSEN, répondre à certaines de ces interrogations en dressant le bilan et les perspectives N de la protection des droits de l’homme par les cours supranationales. O En trois temps, il examine l’évolution des systèmes juridictionnels et des méthodes I de protection, les défis contentieux et l’avenir commun de la protection des droits University of Limoges) for his thesis on: Le respect de la Charte des droits fondamentaux de de l’homme par les cours supranationales. T A Sous la direction de A R L E S C O U P N P D

P R O T E C I N D S L Sébastien TOUZÉ (dir.), La Protection des Droits de l’Homme par les Joël Andriantsimbazovina, L A N

O Laurence Burgorgue-Larsen l’Union européenne dans l’espace judiciaire européen en matière civile et commerciale. F Sébastien Touzé Cours Supranationales - Actes du colloque des 8 et 9 octobre 2015,

Collection dirigée par Sébastien TOUZÉ 31 ISBN 978-2-233-00807-7 32 € EDITIONS A. PEDONE - 13 RUE SOUFFLOT - 75005 PARIS Editions A. Pedone, Paris, 2016 P E D O N Nina LE BONNIEC from the University of Montpellier (under the supervision of M. Frédéric SUDRE, Professor, and University of Montpellier) was awarded a special mention for her thesis on: La procéduralisation des droits substantiels par la Cour européenne des droits de l’Homme. Réflexion sur le contrôle juridictionnel du respect des droits garantis par la Convention européenne des droits de l’Homme. Julie ARROYO, La Renonciation aux Droits Fondamentaux, 2016

No English-speaking René Cassin Thesis Prize was awarded in 2016.

Alain-Guy TACHOU SIPOWO, La Cour Pénale Internationale entre Protection des Secrets et Impératifs d’Effectivité, 2016

Marc GAMBARAZA, Le statut de la Déclaration universelle des droits de l’homme – Une aventure juridique, 2016

48 THE RENÉ CASSIN FOUNDATION – INTERNATIONAL INSTITUTE OF HUMAN RIGHTS - ANNUAL REPORT 2016 49 RESEARCH SUPPORT

THE BEST INTERESTS OF THE CHILD IN THE COMPARATIVE, INTERNATIONAL AND SPANISH JURISPRUDENCE

On October 17th and 18th of 2016, the University CEU Cardenal Herrera organised an International INTERNATIONAL SYMPOSIUM OF THE CRDH Congress on the best interests of the child in comparative, international and Spanish jurisprudence which took place on Valencia. The René Cassin Foundation supported this event. The René Cassin Foundation supported the organisation of the 11th international symposium of the Centre of Research on Human Rights and Humanitarian Law of the University Panthéon-Assas THEMES SPEAKERS which took place on November 7th to 8th, 2016 on the theme : «The United Nations Human Rights Protection System : Present and Future» Rosa VISIEDO CLAVEROL, Rector of the University CEU-UCH Joaquin J. MARCO MARCO, Dean of the Faculty of Law, Presentation of the congress Business and Political Sciences Susana SANZ CABALLERO, Director of the Congress THEMES SPEAKERS

The best interests of the child in the Guillaume LEYTE, President of the University Paris II Jorge CARDONA LLORENS, Membre du Comité des Droits practice of the UN Committee on the Panthéon-Assas de l’Enfant Rights of the Child Welcoming Words Mr Ambassador Bernard MIYET, President of the French Association for the United Nations The pioneering experience of Jean-Paul COSTA, President of the Fondation René Cassin Instruction Courts of Valencia for the Pedro Luis VIGUER SOLER, Magistrate-Dean Judge, Courts protection of minor victims and the of Valencia Jean-Marc AYRAULT, Minister of Foreign Affairs and International Development of France obtaining of the preconstituted proof Welcoming Speeches in criminal proceeding. Cécile APTEL, United Nations High Commissioner for Human Rights’ Senior Legal Policy Adviser THE BEST INTERESTS OF THE CHILD IN INTERNATIONAL JURISPRUDENCE Olivier de Frouville, Professor at the University Panthéon- The European Court of Human Rights Susana SANZ CABALLERO Introductive Speeches Assas, Director of the CRDH, Member of the United jurisprudence Nations Human Rights Committee

The UN Committee on the Elimination Ludovic HENNEBEL, Professor at the University Aix- of Discrimination against Women Ruth Abril STOFFELS Marselle jurisprudence Virginia BRAS GOMEZ, Member of the United Nations Committee on Economic, Social and Cultural Rights The European Union Court of Justice The Covenants : 50 years after Elena JUARISTI BESALDUCH Fabian SALVIOLI, Professor at the University La Plata, jurisprudence President of the United Nations Human Rights Committee THE BEST INTERESTS OF THE CHILD IN THE ITALIAN JURISPRUDENCE Patrick MUTZENBERGER, Director of the Center for Civil and Political Rights (CCPR-Center) Roberto CIPPITANI Elayne WHYTE GOMEZ, Ambassador, Permanent Valentina COLCELLI Representative of Costa Rica to United Nations Sarah CLEVELAND, Professor at the Columbia Law School THE BEST INTERESTS OF THE CHILD IN LATIN AMERICAN JURISPRUDENCE of New York (Chaire Louis Henkin), Member of the United The Treaties system : in 2020 and Nations Human Rights Committee The Mexican jurisprudence Mónica GONZÁLEZ CONTRÓ after ? Ibrahim SALAMA, Director Human Rights Treaties Division The Chilean jurisprudence Helen PACHECO CORNEJO Emmanuel DECAUX, Professor at the University Panthéon- Assas, former President of the United Nations Committee THE BEST INTERESTS OF THE CHILD Fatiha SAHLI on Enforced Disappearances IN THE MOROCCAN JURISPRUDENCE

THE BEST INTERESTS OF THE CHILD IN THE SPANISH CONSTITUTIONAL Manuel M. SOSPEDRA JURISPRUDENCE

THE BEST INTERESTS OF THE CHILD IN THE SPANISH JURISPRUDENCE

The civil jurisprudence Beatriz HERMIDA BELLOT

The criminal jurisprudence Mar Molina NAVARRO

50 THE RENÉ CASSIN FOUNDATION – INTERNATIONAL INSTITUTE OF HUMAN RIGHTS - ANNUAL REPORT 2016 51 THEMES SPEAKERS THEMES SPEAKERS

Mohammed AUAJJAR, Ambassador, Permanent Sébastien TOUZÉ, Professor at the University Panthéon- Representative of Morocco to United Nations Assas, Member of the United Nations Committee against Jean-Daniel VIGNY, Expert-Consultant on international Torture human rights issues for the Swiss Ministry of Foreign Keith M. HARPER, Ambassador, Representative of United The evolution of the United Nations The Human Rights Council : 10 years Affairs, Member of the Council of International Service for States of America to the United Nations Human Rights High Commissioner for Human after. What about in 10 years ? Human Rights Council Rights Eric TISTOUNET, Head of the Human Rights Council Phil LYNCH, Director of the International Service for Branch of the United Nations High Commissioner for Human Rights Human Rights Ibrahim SALAMA, Director Human Rights Treaties Division Hilary POWER, Analyst, Universal Rights Group

Helène TIGROUDJA, Professor at the University Aix Patricia O’BRIEN, Ambassador, Permanent Representative Marseille From Geneva to New York and of Ireland to the United Nations Yadh BENACHOUR, Emeritus Professor at the University beyond: What relationship between Jean-Marc DE LA SABLIÈRE, Ambassador of France of Tunis, Member of the United Nations Human Rights the different components of the Leila ZERROUGUI, Special Representant of United Nations Committee system? for Children and Armed Conflicts World Court, world commission, Manfred NOWAK, Professor at the University of Vienna, Antoine BERNARD, Director general of the F.I.D.H. constitutional court… what project Director of the Ludwig Boltzmann Institute for the XXI century ? General discussion between Paulo PINTO DE ALBUQUERQUE, Judge at the European Introduction and moderated by Kamelia KAMILEVA, participants: What medium and long Court of Human Rights Geneva Academy of International Humanitarian Law and term agenda for the reinforcement Sir Nigel RODLEY, Emeritus Professor at the University Human Rights of Essex, Member and former President of the United and/or the reform of the system? Nations Human Rights Committee

Ted PICCONE, Senior fellow at the Brookings Institution Closing statements Olivier DE FROUVILLE and Emmanuel DECAUX Michel FORST, United Nations Special Rapporteur on the situation of human rights defenders The future of special procedures as Karim GHEZRAOUI, Chief Officer, Special Procedures “system” Branch (HCHR) Adrien-Claude ZOLLER, Director of Geneva for Human Rights

Cécile APTEL, United Nations High Commissioner for Human Rights’ Senior Legal Policy Adviser Paulo Sergio PINHEIRO, President of the International Commission of inquiry on the Syrian Arab Republic The new role of international Fabricio GUARIGLIA, Director of the Prosecution Division, commissions of inquiry Office of the Prosecutor of the International Criminal Tribunal Elisabeth LAURIN, Permanent Representative of France to the United Nations

52 THE RENÉ CASSIN FOUNDATION – INTERNATIONAL INSTITUTE OF HUMAN RIGHTS - ANNUAL REPORT 2016 53 RENÉ CASSIN PLEADING COMPETITION

From March 30th to April 1st, 2016, The René Cassin Foundation and Sciences Po Strasbourg organised the 31th Edition of the René Cassin Pleading Competition, with the support of the University of Strasbourg, the Faculty of Law of Strasbourg, the Bar of Strasbourg, the Edition Lexis Nexis, the European Court of Human Rights, the Council of Europe, the Region Grand-Est, the City of Strasbourg, the Ministry of Foreign Affairs and International Development of France and the Permanent Representation of the Republic of Poland to the Council of Europe in Strasbourg.

This Pleading Competition is focused on European human rights law and offers to students of Master 1 or 2 coming from French-Speaking Universities to work on a practical case. This year, the theme was armed conflicts.

For three days, 30 teams, selected on the basis of a written presentation, competed in the Council of Europe for the semi-finals and in the European Court of Human Rights for the final. Members of the Juries were professors, lecturers, lawyers and civil servants of the Council of Europe and the European Court of Human Rights.

The team of the University of la Réunion (applicant) and the team of the University of Luxembourg (defendant) confronted each other and presented their pleadings in the prestigious main courtroom of the European Court of Human Rights before a grand jury composed of Professors, Judges at the European Court of Human Rights, Representatives of the “Conseil d’Etat”, Legal Advisors of the ECHR, representatives of local authorities, lawyers, etc.

The University of La Réunion won this Edition of the René Cassin Pleading Competition. The Foundation awarded the Prize of the Best Pleader of the Final to Sheva Traclet and offers to her the opportunity to participate in the 47th annual study session on the theme “Armed Conflicts and International Human Rights Law” which took place in July 2016.

54 THE RENÉ CASSIN FOUNDATION – INTERNATIONAL INSTITUTE OF HUMAN RIGHTS - ANNUAL REPORT 2016 55 ANNUAL REPORT 6th training sessioninPort-au-Prince (Haiti) December 2017 5th training sessionin Abidjan (Ivory Coast) From 13to 18November 2017 1st training sessioninPretoria (South Africa) From 16to 20October 2017 8th training sessioninDakar (Senegal) From 25September to 6October 2017 (France) 48th Annual Study Session“Health andInternational HumanRights Law” inStrasbourg From 3to 21 July 2017 1st training sessionin Tbilisi (Georgia) From 19to 23 June 2017 20th Summer Course onRefugeeLaw inStrasbourg (France) From 6to 17 June 2017 5th international training session«MonaHaddad»of humanrights inBeirut (Lebanon) From 22to 25May 2017 2nd training sessionin Yaoundé (Cameroon) From 10to 15 April 2017 René CassinPleadingCompetition From 22to 24March2017 (Argentina) 1st training sessioninBuenos followedAires (Argentina) by aprivate seminar inMendoza OUR TIMETABLE FOR 2017 [email protected] I Tél. :+33 (0)3 884584IFax :+33 (0)3 88 45 8450 2, Allée René Cassin-F -67000Strasbourg From 7to 17 March2017 1st training sessioninLima(Peru)followed by aprivate seminar inCuzco (Peru) From 20to 25February 2017 4th training sessioninBamako (Mali) From 6to 11February 2017 as Horizontal Issue inEUExternal Policy” Winter School inForli (Italy) on“HumanRights From 9to 13 January 2017

www.iidh.org

iStock® - think4youconseil.com - 2016 www.iidh.org Tél. :+33 (0)3 884584IFax :+33 (0)3 [email protected] 2, Allée RenéCassin-F -67000Strasbourg 48 48 INTERNATIONAL AND HEALTH DES DROITS DEL’HOMME SANTÉ ET DROIT INTERNATIONAL Strasbourg, 3–21juillet / HUMAN RIGHTS LAW RIGHTS HUMAN th ème Annual Study Session Study Annual

Sessionannuelled’enseignement

July 2017