Volume 6, Issue 2 BULLETIN Irish Centre for Human Rights March 2006 Irish Centre for Human Rights Coming Events: International Conference The Slobodan Milosevic Trial : The Verdict 29-30 April 2006 See page 2 for more details Irish Centre for Human Rights: www.nuigalway.ie/ human_rights E m a i l : humanrights@nuigalway.ie PROFESSOR WILLIAM SCHABAS INDUCTED AS OFFICER OF THE ORDER OF CANADA At a ceremony held in Ottawa, on 17 February 2006, the director of the Irish Centre for Human Rights, Professor William Schabas, was inducted into the Officer of the Order of Canada, Canada’s highest civilian honour. The official citation states: ‘A law professor and committed activist, William Schabas, is one of the foremost international authorities on genocide and on the death penalty. A member of several human rights organisations around the world, he played a pivotal role in the creation of the International Criminal Court in 1998. Now director of the Irish Centre for Human Rights, he serves as an example of Canada’s contribution to international affairs and enhances our nation’s reputation as a peacemaker’. Martin Burke, Ireland’s Ambassador to Canada, attended the ceremony, which was held at Rideau Hall, official residence of the Governor-General of Canada. The Governor-General is authorised to appoint a maximum of sixty-four persons each year as Officers in the Order of Canada. Minority Rights, Indigenous Peoples and Human Rights Law 10-16 June 2006 8 –13 July 2006 See page 4 for more details In order to mark this event, the ICHR hosted a surprise cheese and wine reception at the Centre. The reception was attended by Professor Schabas’ friends, colleagues and students. Michael D. Higgins spoke a few words to congratulate Professor Schabas both for this honourable award as well as for his contribution to the human rights community. Michael D. Higgins Appointed Adjunct Professor at the Irish Centre for Human Rights Summer Schools 2006 International Criminal Court Ireland’s Ambassador to Canada, Martin Burke, with Prof. William Schabas at the presentation of the Order of Canada. Prof. Michael D. Higgins Michael D. Higgins has been appointed Adjunct Professor affiliated with the Irish Centre for Human Rights, it was announced by the President of the university, Iognaid O’ Muircheartaigh. Speaking about the appointment, Prof. William Schabas remarked “We are thrilled that such an important and influential person in the area of human rights within Ireland will be working with us so closely”. Michael D. Higgins is Labour Party president, Spokesperson for Foreign Affairs and, currently, T.D. for Galway West. He was elected to the Dáil in 1981 and was Minister for Arts, Culture and the Gaeltacht, under the Rainbow Coalition, from 1993 to 1997. A graduate of the National University of Ireland, Galway, Michael D. Higgins already has a close connection with the university. In 2003, he received the NUI, Galway Alumni AIB Award for Literature, Communications and the Arts. continued on page 2 Page 2 Volume 6, Issue 2 continued from page 1 Coming Events (cont’d) Conference Language Law and Language Rights Conference 14 –17 June 2006 For further details, see www.conference.ie Irish Centre for Human Rights: www.nuigalway.ie/ human_rights E m a i l : humanrights@nuigalway.ie Book Launch Chinese Translation of ‘The International Criminal Court’ by Prof. William Schabas 31 March 2006 Irish Centre for Human Rights As part of his academic career, Michael D. Higgins also worked, for many years, as Statutory Lecturer in Political Science and Sociology at the university. In addition to this very successful political and academic career, he has contributed to the arts, particularly in the fields of philosophy and politics. Deputy Higgins is also renowned for his consistent campaigning for human rights. He has written extensively about conflicts in many parts of the world. This dedication to human rights issues was recognised internationally when he became the first recipient of the Séan McBride Peace Prize of the International Peace Bureau in 1992. International Conference on the Milosević Trial The Irish Centre for Human Rights will host an international conference to analyze the trial of Slobodan Milosević. This conference will bring together leading international experts on the trial itself and on international criminal justice. It will assess the strengths and weaknesses of the trial and evaluate its contribution to justice and peace. Confirmed speakers include: Stephen Kay QC and Gillian Higgins (Courtassigned counsel to Slobodan Milosević), Michael Johnson, former Chief of Prosecutions, International Criminal Tribunal for the former Yugoslavia, Professor Michael Scharf, co-author of Slobodan Milosević on Trial, described by the London Times as ‘the best account’ of the proceedings and Professor William Schabas, author of The Slobodan Milosević who died on 11 March 2006 while on trial for genocide, crimes against humanity and war crimes war crimes at the ICTY. This important and indeed timely conference will take place over two days from 29-30 April 2006 at the National University of Ireland, Galway. The conference is now open for registration at www.conference.ie. For further information, contact human_rights@nuigalway.ie Observations from the Palestinian Elections In January 2006, Dr. Ray Murphy, lecturer at the Irish Centre for Human Rights, was part of the EU election observation mission deployed for the 2006 Elections to the Palestinian Legislative Council. EU election observation is part of a broader democracy building process. These were only the second legislative elections to the Palestinian Authority, following the 1996 elections, and as such they represented an important step for Palestinian government. The elections did not take place under normal circumstances due to the Israeli occupation with large parts of the West Bank under Israeli military control. There were considerable restrictions on freedom of movement, especially in East Jerusalem. The security situation in the Gaza strip meant that the EU was able to conduct only a limited observation mission there. All observers present (EU, other international and domestic) were impressed with the conduct of the elections and considered that the process was free and fair in accordance with international standards. The result, with Hamas (officially referred to as the Change and Reform party) obtaining a majority of seats, was greeted with shock and dismay by many in Israel and the US in particular. The local media, in somewhat typical exaggerated terms, referred to this as the ‘Palestinian tsunami’. With elections in Israel pending, only time will tell how the results in both elections will impact on political developments in the region as a whole. Dr. Murphy described his work as an election monitor in a special seminar held at the ICHR on 2 February 2006. ICHR Staff Lecture at the University of Aleppo. Dr. Joshua Castellino,. Dr. Kathleen Cavanaugh and Dr. Elvira Dominguez Redondo with faculty and students at the University of Aleppo, Syria where they lectured in international human rights law, Jan. 2006. Page 3 Volume 6, Issue 2 Annual Doctoral Seminar to be held at the ICHR Annual Doctoral Seminar 17 –21 April Irish Centre for Human Rights Irish Centre for Human Rights: www.nuigalway.ie/ human_rights E m a i l : humanrights@nuigalway.ie The Irish Centre for Human Rights is holding its annual doctoral seminar on 17 – 21 April. PhD students from the Centre, as well as other students pursuing research in the field of human rights law, will present work-in-progress before a distinguished group of international human rights experts. Several prominent human rights experts will participate in the seminar including Christina Cerna, David Forsythe, Richard Goldstone and Zoran Pajic. For further information, please contact K a t a r i n a M å n s s o n a t k.mansson1@nuigalway.ie. Class Trip to the Hague In early March, students, along with Prof. William Schabas and Peter Fitzmaurice, from the ICHR travelled to The Hague for an International Criminal Law-themed field trip. Their first port of call was the International Criminal Court where they met with several distinguished speakers, including President of the Court, Philippe Kirsch, Irish appointee Judge Maureen Harding Clark, and French judge Claude Jorda. They then visited the International Criminal Tribunal for the Former Yugoslavia, where Judges Wolfgang Schomburg and Carmel Agius addressed the students. Later they had an opportunity to observe proceedings at the trial of Milan Martic. Students also met with Deputy Prosecutor David Tolbert and Jill Higgins from the court-appointed defence team for Slobodan Milosevic, as well as previous graduates of the LLM programme who have been working on the Milosevic trial for several months. Students gather inside the foyer of the International Court of Justice On their second day, students visited the International Court of Justice, where they spent the morning observing oral pleadings from Professor Alain Pellet in the genocide hearings between Serbia & Montenegro and Bosnia Herzegovina. They also met with Judge Thomas Buergenthal and Judge Abdul Koroma. The trip, which is the second of its kind to be organised at the Centre, was thoroughly enjoyed by all. Book Launched at the Irish Centre for Human Rights Expert Level Meeting Ireland China Academic Exchange Project 31 March-01 April 2006 Irish Centre for Human Rights Prof. William Schabas, Dr. Elvira Domínguez Redondo and Prof. Fernando Mariño Menendez Dr. Elvira Domínguez Redondo, PostDoctoral Fellow at the ICHR, recently published her book Los Procedimientos Públicos Espeçiales de la Comisión de Derechos Humanos de Naciones Unidas. The book was officially launched at a reception held in the Centre on 10 January 2006. Prof. Fernando Mariño Menendez, chair of the UN Committee against Torture, attended the launch to congratulate Dr. Domínguez Redondo for her achievement. Developments in Ireland China Academic Exchange Project On 31 March to 1 April 2006, an expert level meeting will convene at the Irish Centre for Human Rights in Galway. The meeting will be attended by academic experts from both Ireland and China and will consist of presentations on the ICCPR and China and will be followed by discussions on this topic. The ICHR would like to welcome Ms. He Hailan from the Institute of Law, CASS, (pictured opposite), who is an intern at the Centre. She is working on the Ireland China Project and will, in particular, be involved in the organisation of this meeting. Page 4 Volume 6, Issue 2 Doctoral Fellow reflects on her Experience in Kosovo Recent Visitors to the Centre John McCarthy UN Delegate to Ad-hoc Committee on Rights of the Disabled. Arnold Tsunga Zimbabwe Lawyers for Human Rights Éamonn MacAodha DFA Human Rights Unit Discussions on peace operations often centre on the lack of human rights accountability and the challenge of rebuilding a rule of law-based society. All these aspects magnify when the UN assumes executive and legislative authority as in Kosovo where UNMIK has acted as de facto sovereign since 1999. From the point of view of an external observer, however, the most striking aspect in Kosovo is the immense gap between the UN and Kosovans. It may not be an overstatement to suggest that this may have as much of an impact on relations between future public authorities and the people of Kosovo as efforts to make, for instance, the Kosovan legislation human rights compliant. Civilian authority appears beset by a lack of trust. Even the new Kosovo Police Service, generally hailed as UNMIK’s succ- ess story, lacks the public’s conf idence. Interviews with UN- and KFORpersonnel and Kosovans indicate that it is still the man with the weapon who enjoys respect and confidence. This allegiance to military rather than civilian structures is probably to the advantage of KFOR. Free from the governmental responsibilities of UNMIK, KFOR enjoys an untouchable status as the ‘Good Samaritan’. While KFOR’s short-term benefits to Kosovo may be undisputed, its long-term impact on the relationship between civilian authority, military power and the citizenry may not be insignificant. From a human rights perspective this may well present the main challenge as Kosovo eagerly awaits its long-awaited goal: independence. Katarina Månsson, doctoral fellow, spent six weeks undertaking fieldwork in Kosovo in November 2005. Lunchtime Seminars Series Continues at ICHR Irish Centre for Human Rights: www.nuigalway.ie/ human_rights E m a i l : humanrights@nuigalway.ie His Excellency Mr. Andreas S. Kakouris, Cypriot Ambassador to Ireland, and Prof. William Schabas at a seminar in the ICHR on ’Human Rights and Settlement of the Cyprus Problem’. David Joyce Barrister Saul Lehrfreund and Parvais Jabbar Death Penalty Project, Simons Muirhead & Burton Solicitors Shanthi Dariam CEDAW Committee Member It has been an eventful few months at the ICHR; seminars have been held on a diverse range of topics. The series began with a seminar by John McCarthy on the complex topic of Mental Health, human rights and the law. Arnold Tsunga, Zimbabwe Lawyers for Human Rights, gave a very insightful lecture entitled: ‘The Systematic Erosion of Separation of Powers in Zimbabwe. Éamonn MacAodha, Human Rights Unit, Department of Foreign Affairs, held a stimulating talk on ‘Human Rights in Irish Foreign Policy’. David Joyce, barrister and Former Legal Policy Officer for the Irish Traveller Movement, lectured on Travellers’ Rights in Ireland. A seminar on the litigation of capital punishment cases before international court was given by Saul Lehrfreund and Parvais Jabber, lawyers with the Death Penalty Project at Simons Muirhead & Burton Solicitors, who have become regular visitors at the Centre. Shanthi Dariam, activist and member of the CEDAW Committee, presented a public lecture on the use of the Women’s Convention in securing women’s rights. Seminars have also been delivered by staff and students at the Centre. Dr. Adefemi Isumonah presented on the ‘language of minority rights’, Jeffrey Hockett, visiting lecturer from the University of Tulsa, provided an insight into his research on presidential power in the United States, and an advocacy training session was given by Shannonbrooke Murphy and Rick Lynes, students at the Centre. Irish Centre for Human Rights Summer Schools Preparations are underway at the ICHR for the annual summer schools. Registration has opened for both the ‘Minority Rights, Indigenous Peoples and Human Rights Law Summer School’ (10-16 June) and the ‘International Criminal Court Summer School’ (8-13 July). Faculty for both schools is composed of experts in the respective fields who will deliver lectures on current and pressing topics. The summer schools are widely acknowledged as the premier programmes on these subjects and are always enthusiastically attended by academics, practitioners, students and interested parties from around the world Details on both courses can be found at www.conference.ie Page 5 Volume 6, Issue 2 Irish Centre for Human Rights and Amnesty International Publish Report on Irish Institutional Racism Breaking Down Barriers: Tackling Racism in Ireland at the Level of the State and its Institutions by Louise Beirne and Dr. Vinodh Jaichand Irish Centre for Human Rights: www.nuigalway.ie/ human_rights E m a i l : humanrights@nuigalway.ie On 21 March 2006, International Day against Racism, the Irish Centre for Human Rights and Amnesty International (Irish Section) published a report, written by Dr. Vinodh Jaichand and Louise Beirne, on institutional racism at the level of the Irish State. The report works from the premise that the right to be free from racial discrimination is a fundamental principle of human rights law. It aims to clarify the mechanisms by which racism at the level of the State and its institutions operates. This in-depth report examines whether key government departments take adequate account of diversity and whether such departments have a disproportionate negative impact on persons from ethnic minority groups. The report concludes that the Irish government has failed to sufficiently tackle the existence of racial discrimination in its laws, policies and practices. Thus, it is recommended that the State undertake a human rights audit starting with the mainstreaming of human rights and anti-racism training for all state and institutional personal. Speakers at the launch were Colm O’ Cuanacháin, Secretary General, Amnesty Irish Section, Dr. Vinodh Jaichand, Deputy Director of the ICHR, Catherine Joyce, Blanchardstown Traveller Development Group, Imran Khan, UK human rights solicitor and anti-racism activist and Prof. Kader Asmal, international human rights expert. The report has already succeed insofar as it has opened up the debate in Irish society on this very contentious issue. The Irish Times and Irish Examiner quickly responded to the launch with articles published on 22 March, discussing the findings of the report. In an article carried by the Irish Examiner, the reaction of the Department of Justice, critically analysed in the report, was described. Spokesperson for the Minister condemned the report for ‘obscuring’ the issue and for flying ‘in the face of objective analysis’. Key to addressing this problem is the recognition that a problem exists. This report ensures that the issue of deeply embedded racial discrimination at the highest levels can no longer be swept under the carpet. Upcoming Viva for ICHR PhD Student On 17 April 2006, Mr. Michael Kearney, student at the Irish Centre for Human Rights, will defend his PhD thesis entitled ‘Freedom from Fear: The Prohibition of Propaganda for War under International Law’. His thesis defence will take place before a panel consisting of Prof. Richard Goldstone, former Justice of the South Afri- can Constitutional Court who has also served as Chief Prosecutor of the United Nations Yugoslav and Rwandan Tribunals, Dr. Kathleen Cavanaugh, thesis supervisor, and Prof. William Schabas, director of the ICHR. The Centre would like to wish Mr. Kearney the best of luck in completing his viva. New Staff Member at Irish Centre for Human Rights The Irish Centre for Human Rights is pleased to welcome a new staff member Ms. Aoife Harrington. Ms. Harrington began working at the Centre in January 2006. She is responsible for providing administrative support for staff and students at the Centre. Page 6 Volume 6, Issue 2 PhD Students Participate at Nottingham Conference Mohamad Elewa Badar presenting his paper on ‘Genocide at the Safe Area of Srebenicia’. Three of the Irish Centre for Human Rights’ PhD Students, Mohamad Elewa Badar, Katarina Månsson and Michelle Far- rel presented papers at the University of Nottingham Human Rights Student Conference, ‘The UN Security Council and Human Rights’, on 18 March 2006. Prof. Nigel White. Prof. and Bertrand Ramcharan, were among the expert panellists at the conference from whom the students had the opportunity to gain valuable feedback. On 3 March 2006, PhD student Roja Fazaeli presented a paper at a conference organised by the Feminist and Legal Theory Project at the Emory School of Law, Atlanta. Ms. Fazaeli has been a visiting scholar at the Emory School of Law for the past 6 months. Minister Conor Lenihan visits Irish Centre for Human Rights Irish Centre for Human Rights: www.nuigalway.ie/ human_rights E m a i l : humanrights@nuigalway.ie The Minister of State at the Department of Foreign Affairs with Special Responsibility for Overseas Development and Human Rights, Conor Lenihan, visited the Irish Centre for Human Rights on 10 January 2006. He was accompanied by Éamonn MaAodha, director of the Human Rights Unit, Department of Foreign Affairs and Frank Flood, Ireland Aid. A coffee reception was held in the Centre, which offered an opportunity for staff and students to mingle with the guests. This meeting is an important step in the strengthening of interaction between the Centre and the government’s human rights unit. Prof. William Schabas, Aisling O’ Sullivan (Doctoral Fellow), Melissa Hacking (LLM student and recipient of the NUI, Galway International Student Scholarahip) and Minister Conor Lenihan at the Irish Centre for Human Rights. ICHR Director participates in Seminar in Beijing The director of the Irish Centre for Human Rights, Prof. William A. Schabas, participated in the ‘International Seminar on Strengthening of Criminal Defence in Death Penalty Cases'. The seminar was held in Beijing on 14 and 15 January 2006. Prof. William Schabas is pictured here with (from right) Hans-Jörg Albrecht, Chen Xiexian, Han Jahae, Katie Lee and Roger Hood. The Irish Centre for Human Rights Bulletin is compiled and edited by Michelle Farrell. If you wish to sign up for any of the above activities or to receive information regarding the work the Centre carries out, please do not hesitate to contact us at: Irish Centre for Human Rights, NUI Galway, Ireland. Phone: +353-(0)91-750464, Fax: +353-(0)91-750575, Email: humanrights@nuigalway.ie Website: www.nuigalway.ie/human_rights