Irish Centre for Human Rights Issue 9, 2009 Iranian Nobel Peace Laureate speaks at Scholars At Risk, Ireland Launch Inside: South African Freedom Fighter Visits NUI Galway Conference on Global & Local Human Rights Perspectives on Abortion Irish-American Exchange on Human Rights Prof Schabas Chairs Board of Trustees of Human Rights PhD Student wins Young Professionals Award On 22 September, Dr. Shirin Ebadi, Nobel Peace laureate an Iranian human rights defender delivered a keynote address as part of the launch of the Scholars at Risk, Ireland Section. In 2003, Dr. Ebadi became the first Iranian and the first Muslim woman to win the Nobel Peace Prize. A human Rights lawyer, university lecturer and author, Dr. Ebadi was awarded the prize for her pioneering efforts to promote democracy and human rights in Iran. Dr. Ebadi graduated with a law degree from Tehran University and went on to become Iran’s first ever female judge in 1975. However, following the Iranian revolution in 1979 she was forced to resign as women were no longer allowed to serve as judges. For the next two decades, Ebadi devoted her life to the promotion of woman’s right, the defence of children and political activism. She co founded the association for Support of Children’s Rights and the Human Rights Defence Centre and became know outside Iran for her clashes with the country’s ruling clerics. The event was co-hosted by Amnesty International, Irish Section, The Irish Centre for Human Rights and Trinity College Dublin. Scholars at Risk, Ireland Section is a partnership between Universities Ireland and the Scholars at Risk network. Universities Ireland is an umbrella body established by the nine universities on the island of Ireland; Scholars at Risk is an international network of higher education institutions committed to promoting academic freedom and to defending the human rights of scholars worldwide. NUI Galway, an active member of the Scholars at Risk network since 2004, chaired the Section in the first year. The lecture was part of a series of activities organized for the Irish Centre for Human Rights new LLM students. Nearly 80 staff, students and community members from Galway travelled to Dublin for the special event. Over 150 were in attendance at the event. South African Freedom Fighter Visits NUI Galway On November 2nd, The Irish Centre for Human Rights, NUI Galway hosted a special guest lecture by Justice Albie Sachs of the Constitutional Court of South Africa. Justice Sachs’ talk ‘Paved with More than Good Intentions: from Port Elizabeth via Modderklip to 51 Olivia Road’ analysed historic eviction and land laws from the Constitutional Court of South Africa. As a young Jewish man in South Africa, Sachs worked as an attorney and has been a leader in the struggle for human rights in South Africa for over 40 years. He is well known for being a freedom fighter in the African National Congress. The author of numerous books on issues of gender, the law and human rights, he was twice detained without trial by the security police under the Apartheid regime. In 1966 Justice Sachs went into exile, spending eleven years studying and teaching law in England. In 1988, he was blown up by a bomb placed in his car in Conference on Global & Local Human Rights Perspectives on Abortion Maputo, Mozambique, by South African security agents, losing an arm and the sight in one eye. After recovering from the bomb he devoted himself full-time to preparations for a new democratic Constitution for South Africa. and an eye when the security police bombed his car. As an academic he was one of the architects of South Africa’s independence, especially in drafting the much-acclaimed Bill of Rights, and as a constitutional advisor to the ANC. During the 1980s, he helped draft in exile, the Court’s Code of Conduct, and its statutes. In 1990 he returned home and as a member of the Constitutional Committee and the National Executive of the ANC took an active part in the negotiations, which led to South Africa becoming a constitutional democracy. After the first democratic election in 1994 he was appointed by President Nelson Mandela to serve on the newly established Constitutional Court. As a jurist he is one of the eminent voices of an internationally renowned Constitutional Court tasked with the establishment of jurisprudence that resonated with the core values of freedom, equality and dignity in a deeply divided country. This is a rare occasion to listen to one of the lived experts on human rights law in the world.” Dr Vinodh Jaichand, Deputy Director of the Irish Centre for Human Rights, comments: “The debt that South Africa, and the world, owes to Justice Albie Sachs is immense. As a political activist against apartheid he paid the price of being detained, exiled and losing an arm His new book by Oxford University Press, The Strange Alchemy of Life and Law provides deep insights into the way in which judging takes place. It has already become prescribed reading at two European institutions dealing with the study of human rights. On 5 November, the legal and human rights context of abortion was the focus of a conference co-hosted by The Irish Centre for Human Rights in conjunction with the Irish Family Planning Association. The second session covered topics such as ‘International Human Rights and Comparative European Standards for Health Protection in Abortion Regulation and the ‘Right to Abortion in Africa.’ The conference offered both Irish and global perspectives into a complex issue, which has dominated legal and human rights discourse in Ireland for the last 25 years. Professor William Schabas, Director of the Irish Centre for Human Rights provided the introduction to the half day conference. The event was divided into two themes, “Ireland Perspectives and Global Perspectives.” Topics covered in the first session included ‘Abortion Law and Activism in Northern Ireland – Recent Developments, Impacting Abortion Law in Irleand – Possibilities for Change.’ Speakers included: Joanna Erdman, International Reproductive and Sexual Health Law Programme, University of Toronto; Christina Zampas, Senior Regional Adviser and Legal Adviser for Europe Centre for Reproductive Rights; Aminata Toure, Chief on Gender, Culture and Human Rights, UNFPA; Eileen Fegan, law Lecturer at Queen’s University Belfast; and Natalie McDonnell, legal Consultant with the Irish Family Planning Association and lecturer in family law, human rights law and media law at University College Dublin. Over 85 were in attendance. Irish Centre for Human Rights - Issue 9, 2009 NEWS & NOTES Irish-American Exchange on Human Rights Irish Centre for Human Rights Prof Schabas Chairs Board of Trustees of Human Rights Father Ted Hesburgh, founder of the Notre Dame Centre and former President of the University, Dr. Vinodh Jaichand, Deputy Director of the Irish Centre for Human Rights and Prof. William Schabas, Director Irish Centre for Human Rights. On October 9-10, 2009, the Irish Centre for Human Rights and the Notre Dame Law School collaborated on the inaugural “Irish-American Exchange on Human Rights. The event brought together faculty and students from two premier institutions of human rights education-the Center for Civil and Human Rights at Notre Dame Law School, and the Irish Centre for Human Rights, National University of IrelandGalway. The meeting was a series of presentations and responses on various human rights issues. Bringing “the Center” and “the Centre” together is a natural fit, explains Assistant Director and Concurrent Assistant Professor of Law Sean O’Brien. “Both institutions are led by scholars at the top of their fields – Prof. Doug Cassel from Notre Dame and Prof. Bill Schabas from Galway. The teaching, research, and advocacy conducted by both institutions are well known around the world and have trained hundreds of top-notch human rights lawyers between them” says O’Brien. “We expect this exchange to become an annual and much-anticipated event.” Next year’s exchange will take place on the campus of the National University of Ireland-Galway. Since its establishment in January 2000, the Irish Centre has developed a global reputation for excellence in the field of human rights teaching, research, and advocacy, which has enabled the institution to attract high quality students to its acclaimed masters programs and to build a thriving community of doctoral researchers. The Deputy Director of the Irish Centre is Dr. Vinodh Jaichand, a South African lawyer and a “double-domer.” Dr. Jaichand was among the initial graduates of Notre Dame’s Master of Laws (LL.M.) in international human rights in 1987. He completed his doctoral degree summa cum laude (J.S.D) in 1996, also from Notre Dame. The exchange is cosponsored by Notre Dame’s KeoughNaughton Institute for Irish Studies, an interdisciplinary project devoted to teaching and research in Irish culture in all its internal and external relations. Established in 1993 under the intellectual leadership of Professor Seamus Deane, the Keough-Naughton Institute’s faculty now includes leaders in Literature, History, Film, Television, and Theater and it is regularly supplemented by visiting professors, some of whom come to Notre Dame as Naughton Fellows in a reciprocal arrangement with Irish universities. Prof. William Schabas speaking at the Palace of Justice in Nuremburg earlier this year, to commemorate the 60th anniversary of the Genocide Convention. Professor William Schabas, who directs the Irish Centre for Human Rights and who holds the chair in human rights law at the National University of Ireland, Galway, has been designated the chairperson of the Board of Trustees of the United Nations Voluntary Fund for Technical Cooperation in the Field of Human Rights. The five-member Board of Trustees meets twice annually in Geneva to oversee the work of the Fund. It also functions as an advisory council for the Office of the High Commissioner for Human Rights. Many governments, including that of Ireland, contribute to the Fund, which had an income this year of $US 17.5 million and which has a balance of about $US 20 million. The Fund is used to support Human Rights Advisors and Field Offices of the High Commissioner in a number of countries around the world. The five Trustees represent the different geographic regions of the world. They are appointed to three-year terms by the Secretary-General of the United Nations, and are chosen for their independence and wide experience in the field of human rights and technical cooperation. Irish Centre for Human Rights - Issue 9, 2009 NEWS & NOTES Staff Presentations Prof Schabas Elected President of International Association of Genocide Scholarss On 24-25 September, Dr. Noam Lubell presented at a conference co-organized by the London School of Economics, University College London, and the International Committee of the Red Cross, on the topic of the European Court of Human Rights and International Humanitarian Law. The aim of the event was to bring together legal scholars as well as practitioners and those working in the field to reflect on recent developments in the law involving the relationship between the human rights legal regime, as exemplified by the ECHR, and international humanitarian law. Dr. Lubell gave a presentation on ‘ExtraTerritorial Human Rights Obligations’. Other staff presentations included: Professor William Schabas was elected President of IAGS. For further information on IAGS and their work, please see their website at http://www.genocidescholars.org/ G On 28 September, Dr. Ray Murphy was a guest speaker on ‘Regional Peacekeeping in the 21St. Century’ at the Infantry School, Military College, Curragh Camp. G On 5-7 October, Dr. Ray Murphy taught international humanitarian law on the 13th. Specialized Course on Law of Armed Conflict, Institute of International Humanitarian Law, San Remo, Italy. G On 8-9 October, Dr. Ray Murphy participated as a lecturer/trainer for the Irish Aid Rapid Response Initiative Training, Kimmage Development Studies Centre, Dublin. G On 22-23 October, Dr. Noam Lubell participated in the 10th Bruges Colloquium: "Armed Conflicts and Parties to Armed Conflicts under IHL: Confronting Legal Categories to Contemporary Realities" The conference was co-organized by the College of Europe and the International Committee of the Red Cross. Dr. Lubell’s presentation was on ‘Transnational Armed Conflicts’. G On 29-30 October, Dr. Noam Lubell took part in the "Expert Meeting on Use of Force during Occupation", convened by the International Committee of the Red Cross, in Geneva. This expert meeting was part of an ICRC project initiated in 2007 on occupation and other forms of administration of foreign territory. PhD Student wins Young Professionals Award PhD Student and ICHR Doctoral Fellow, Yvonne McDermott, has been awarded the 2009 'Böhler Franken Koppe Wijngaarden advocaten /Hague Academic Coalition Award for Young Professionals'. The award is for her article entitled 'Victims and International Law: Remedies in the Courtroom'. Yvonne receives a 1000 euro prize, and the opportunity to submit the article for publication in the journal of the Hague Justice Portal. For more details, see: www.haguejusticeportal.net/eCache/DEF/10/002.html ONGOING PROJECTS Burma/Myanmar Project - Situation of the Rohingyas in Northern Rakhine In August 2008 the Irish Centre for Human Rights received funding from Irish Aid to launch a project on the human rights situation of the Rohingyas/Muslims of Rakhine State in Western Burma/Myanmar. As part of the project a research unit was established at the Irish Centre for Human Rights to carry an open source research and take part in a fact-finding mission and the drafting of a report under the supervision of Prof. William Schabas. February 2009, Nancie Prud’homme and Joseph Powderly, Project Researchers launched a 4-week fact-finding mission to gather detailed, first-hand and new information about the situation of the Rohingyas in Western Burma/Myanmar. As part of the fact-finding mission the researchers also spent two weeks in Bangladesh visiting refugee camps and interviewing Rohingya refugees and human rights and humanitarian workers. The researchers were joined in Bangladesh by Mr. John Ralston, Executive Director of the International Institution for Criminal Investigation and former Chief of Investigations at the International Criminal Tribunal for the former Yugoslavia and for the UN Independent Commission of Inquiry for Darfur. The team interviewed over 60 refugees. The mission in Bangladesh provided detailed information on the causes for flight to Bangladesh and the current situation in Western Burma/Myanmar. The report of the Rohingya will soon be available on the Irish Centre for Human Rights’ website. Irish Centre for Human Rights - Issue 9, 2009 ONGOING PROJECTS EU-China Human Rights Network The first EU-China Human Rights Seminar to take place under the new 1.5 million Euro contract awarded to the Irish Centre for Human Rights by the European Commission in January 2009 concluded successfully in Prague on May 13, 2009. The two day-event gathered together a group of 65 European and Chinese academics, practitioners, NGO representatives and officials to discuss a range of issues surrounding access to justice in both Europe and China as well as the rights of persons with disabilities. The goodwill and momentum generated by the event has allowed the Irish Centre for Human Rights to proceed immediately with organisation of the next Seminar, due to take place under the Swedish Presidency towards the end of 2009. The themes for the forthcoming seminar have been identified as access to justice and human rights and the global financial crisis. LUNCHTIME SEMINARS & GUEST LECTURES Prof. Asbjørn Eide Prof. Asbjorn Eide, Senior Fellow, founder, and former director of the Norwegian Institute of Human Rights, at the University of Oslo gave a special guest lecture to welcome the new 2009/2010 LLM class. PAST CONFERENCES Forensics & Human Rights Melissa Ruggerio, Legal Officer, ICTY Melissa Ruggiero, an international legal officer in the War Crimes Chamber at the Court of Bosnia and Herzegovina, September 22, in Sarajevo gave a talk on the War Crimes Chamber at the Court of Bosnia and Herzegovina. Ms. Ruggerio has been working at the Court since January 2008. Dr. Maurice Manning, Irish Human Rights Dr. Maurice Manning, President of the Irish Human Rights Commission and current chancellor of the National University of Ireland spoke to students on 29 September giving an overview of role of the Irish Human Rights Commission. Judge Wolfgang Schomburg Judge Wolfgang Schomburg gave a talk as part of the ‘Judges as Lawmakers’ Series on Joint Criminal Enterprise on October 12th, Prof. William Schabas, Director of the Irish Centre for Human Rights was the respondent. Judge Schomburg specialized in mutual cooperation in criminal matters and had edited several books and 80 articles on the subject. He assisted the Council of Europe in drafting Codes of Criminal Procedure and Codes of Penal Law and in implementing Council of Europe Conventions in a number or its member States (inter alia: Bosnia-and-Herzegovina, Ukraine, Russia, Georgia, Moldova, Latvia). He also worked with the European Union in preparation of the setting up of Eurojust. He was elected as a Judge of the ICTY on 14 March 2001 and President of Trial Chamber II on 23 November 2001. On 1 October 2003, he was appointed as a member of the Appeals Chambers of the ICTY and the ICTR. Professor Neil Boister Professor Neil Boister from the University Of Canterbury, New Zealand gave a talk at the Irish Centre for Human Rights on 13 October. Prof. Boister’s research interests lie in the intersection between the fields of criminal law and international law. He has recently specialised in international drug control law and retains a strong interest in the humanitarian law of armed conflict. Pictured left to right; Prof. Sue Black University of Dundee, Prof. Marie Cassidy, State Pathologist, Dr. Ray Murphy and Eadaoin O’Brien, Irish Centre for Human Rights. The Irish Centre for Human Rights co-hosted with the Centre for Anatomy and Human Identification, University of Dundee, a conference on Human Rights and Forensic Science which took place at NUI Galway in late April 2009. The conference explored current and potential future application of forensic science disciplines in the field of human rights. Issues of both a practical and theoretical nature were discussed and speakers from a wide variety of disciplines, including law, medicine and science came together to share their expertise in this two day conference. Opening Address was given by Professor Marie Cassidy, State Pathologist Notable Speakers included, Professor Sue Black OBE, University of Dundee, Professor William Schabas OC, Irish Centre for Human Rights, Dr. Bill Hagland, Physicians for Human Rights, Dr. Ray Murphy, Irish Centre for Human Rights, Dr. Caroline Wilkinson, University of Dundee, Dr. Michael Naughton, Bristol University, Dr. Kathleen Cavanaugh, Irish Centre for Human Rights, Ms. Eadaoin O'Brien, Irish Centre for Human Rights, Ms. Niamh Hayes, Irish Centre for Human Rights, Ms. Fidelma Donlon, Irish Centre for Human Rights, Mr. Joe Powderly, Irish Centre for Human Rights, Ms. Colleen Rohen, Defence Counsel ICTY. Panel sessions discussions included War Crimes and Forensic Investigations, Human identification, Sexual Violence and Forensic Evidence, Investigations of ongoing Human Rights Violations and Fair Trial and Expert Evidence. Irish Centre for Human Rights - Issue 9, 2009 PAST CONFERENCES Human Rights and the Natural and Cultural Environment: A New Frontier of Protection? The Irish Centre for Human Rights held a roundtable over the summer in Roundstone, Co. Galway as an opportunity to explore the continued development and expansion of international human rights law and its relevance for the protection of the environment and cultural heritage. Particular attention was devoted to certain activities currently underway in Ireland that have given rise to environmental and cultural heritage concerns, namely the construction of the M3 motorway in Tara, Co. Meath and the building of the onshore gas pipeline and refinery in Erris, Co. Mayo. Much discussion focused on the extent to which human rights law could assist campaigners or litigants with regards to these campaigns, particularly where such activities have had a direct impact on local residents. A background brief on the legal issues was prepared by Dr. Shane Darcy and several PhD and LL.M students at the Irish Centre for Human Rights and a copy is available at www.nuigalway.ie/human_rights 5th International Conference on Human Rights & Religion, Mofid University Iran In May 2009, current and former staff and students at the Irish Centre for Human Rights travelled to Iran to participate in two seminars. PhD alumni, Jeroen Temperman, Lecturer at the Pictured from left to right: Mr. Henning University of Amsterdam, Edel Hughes, Lecturer at Moe, Aoife Daly, Dr Edel Hughes, Dr. Kathleen Cavanaugh, Dr. Jeroen the University of Limerick Temperman and Mr. Joe Powderly and Aoife Daly, PhD candidate at Trinity College joined ICHR staff member Kathleen Cavanaugh and current PhD student Joseph Powderly in presenting at the Fifth International Conference on “Human Rights and Religion,” which took place at Mofid University in Qom, Islamic Republic of Iran. The group travelled within Iran before ending their trip in Tehran, where they each presented at a conference on Cultural Diversity which was being hosted at Ministry of Foreign Affairs, School of International Relations (SIR), where ICHR graduate, Kamran Hashemi currently lectures. Irish Centre for HumanRights Bulletin is compiled and edited by Susan Megy, Doctoral Fellow 2010 SUMMER SCHOOLS Minority Rights, Indigenous Peoples & Human Rights Law June 14-18, 2010 International Criminal Court, June 21-25, 2010 Each year, the Irish Centre for Human Rights offers two highly acclaimed summer school programmes on the International Criminal Court and on Minority Rights, Indigenous Peoples and Human Rights Law. The week-long summer school programmes offer participants a unique chance to immerse themselves in two increasingly important areas of international criminal law and international human rights law, and to benefit from the knowledge of an unrivalled panel of experts. Each of the intensive programmes also includes a variety of social activities that allow participants to network with each other and the panel in a relaxed and friendly environment, ensuring the programmes are instructive and enjoyable. Registration begins in December 2009. For information, visit: www.conference.ie UPCOMING CONFERENCES Forgotten Rights, Forgotten Concepts November 19-20, 2010 To commemorate the 10 year anniversary of the Irish Centre for Human Rights, a very special conference ‘Forgotten Rights, Forgotten Concepts’ will take place from 19-20 November 2010. A variety of events including seminars, lectures, exhibitions and concerts will take place to celebrate ten years of the Centre’s important work. The Irish Centre for Human Rights welcomed its first LLM class of students in September 2000. The main event will be the hosting of a major academic conference by the Irish Centre for Human Rights .The conference is intended to encompass of original to encompass a number of original human rights issues across a broad spectrum which the speakers feel have fallen out of favour or been overlooked. It is intended to be forward-looking rather than a retrospective criticism of the failure to deal with a given issue. Corporations, Conflict & Humanitarian Law April 9-10, 2010 The Irish Centre for Human Rights and The Geneva Academy of International Humanitarian Law and Human Rights are co hosting a conference addressing the intersection of corporations, conflicts and human rights. The aim of the conference is to explore the extent to which International Human Rights Law and Humanitarian Law are adequate to deal with the role of business in conflict, given existing gaps in the law, current norms and attempts to hold private sector actors accountable. While there has been much discussion about the topic of business and human rights, the issue of business in conflict zones and international humanitarian law in particular, has been less explored Speakers to be announced shortly. Please check www.nuigalway.ie/human_rights for updated information. Irish Centre for Human Rights National University of Ireland, Galway Phone: +353 (0)91 493948 E-mail: humanrightsnuigalway.ie Web: www.nuigalway.ie/human_rights