Irish Centre for Human Rights Iranian Nobel Peace Laureate speaks at

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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
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