Signed by fourteen international legal professional organizations, the letter expresses the strong support of the international legal community for those Syrian lawyers being prevented by the Syrian authorities from carrying out their professional responsibilities in an independent and impartial manner. The fourteen organizations strongly condemn the actions of the Syrian government, and call upon the Syrian authorities to meet their obligations embodied in the United Nations Basic Principles on the Role of Lawyers.

Speaking on behalf of the authors of the letter, William D. Meyer, chair of the International Legal Assistance Consortium, said, “The overwhelming evidence gathered by international organizations demonstrates that Syrian authorities are not adequately safeguarding the security of lawyers, as required by the UN Principles.”  He added, “The international legal community has resolved to speak with one voice in support of Syrian lawyers attempting to work in unimaginably arrant conditions. It is important that they know that their work is recognized and applauded by their colleagues outside of Syria.”

The letter is intended to send a powerful twofold message that there is cohesive international support for those peacefully working for reform, and that Syrian legal professionals who are silent, or supporting regime policies, are on the wrong side of history.

H2 Rubrik

Nullam eget ante id lorem iaculis venenatis. Duis a velit a elit tincidunt mollis. Mauris sed velit ac erat semper fringilla. Vivamus vulputate, nulla et fringilla consequat, justo ipsum vehicula justo, id congue mi mauris id risus. Nulla porttitor elit vitae tortor ornare mattis dapibus magna laoreet. In eu nibh metus, eget aliquam risus. Ut iaculis commodo arcu fringilla lacinia. Morbi non felis nisi. Proin eget lacus lectus. Ut vel metus tellus.

H3 Rubrik

Integer eget risus lectus. Suspendisse ultrices ultricies lectus, vitae varius tellus ullamcorper sed. Nunc ac justo mi, ac rutrum dolor. Phasellus sed malesuada enim. Pellentesque eu sapien sed ipsum iaculis lacinia nec vitae nulla.

Praesent viverra, sem a adipiscing venenatis, urna nisi congue mi, sed mollis mi augue vitae ipsum. Mauris luctus malesuada vehicula.

H4 Rubrik

Praesent eleifend, nulla quis fringilla lobortis, nibh sapien cursus arcu, non mollis lacus dolor sed turpis. Etiam eget turpis in erat cursus convallis. Morbi turpis arcu, ullamcorper in condimentum quis, auctor at turpis. Cras suscipit, lorem ut aliquet viverra, nisl ipsum pretium metus, quis blandit neque tellus a nisl. Cras hendrerit sodales fringilla. Maecenas pulvinar tincidunt placerat. Ut semper velit ut quam vehicula dapibus. Etiam vehicula, massa a imperdiet rutrum, nisl ligula ultrices dui, sed ornare leo odio condimentum orci. Nunc purus dui, elementum eget sollicitudin ut, condimentum id massa.

From November 16-23, 2011, ILAC conducted pre-assessment mission to Libya.  William Meyer, Chair of ILAC, and Agneta Johansson, ILAC’s Deputy Director, accompanied representatives of the Arab Organization for Human Rights on a combined fact-finding and training mission to Libya in the immediate aftermath of the hostilities. 

Working with the AOHR and representatives of ILAC member Palestinian Center for Human Rights, ILAC traveled throughout northwestern and central Libya to meet with representatives of the judiciary, prosecution, Bar and civil society, as well as the interim leaders of various revolutionary councils.

A primary goal of the ILAC mission was to preliminarily assess the current state of Libyan institutions critical to developing the rule of law, such as the courts, prosecution, and Bar, to determine if assistance by international organizations would be useful to and appreciated by our Libyan colleagues.  Based on our discussions and observations, we came away with the strong sense that a substantial number of Libyans among the revolutionary forces sincerely want to see a democratic Libya based on the rule of law.  However, it was also apparent that, in the aftermath of the Revolution, Libya at present lacks of any sort of centralized national governance or control.  Formal institutions, to the extent that they even existed under the Gaddafi regime, no longer function.  Finally, it was obvious to us that time is of the essence.  Every day of delay causes additional death, suffering and societal polarization.

A second goal of the ILAC mission, given the immediacy of the Revolution and its aftermath, was to probe allegations and counter allegations relating to alleged violations of international law that a free Libya must address.  Accordingly, the joint team visited various sites in Tripoli, Misrata, Zawiya, Sabrata, Zliten, Al-Khoms, Tawourgha, and Sirte to investigate and interview witnesses concerning current conditions, and a variety of alleged incidents involving Gaddafi forces, rebel forces and NATO.  While the report of the AOHR will address many of the team’s specific observations, the ILAC team confirmed that Libya faces substantial past, present and future human rights issues.

Finally, ILAC participated in intensive training provided by the AOHR for more than 60 Libyan lawyers, judges, prosecutors and members of civil society in human rights law and principles.  The work of the AOHR in this regard, including training provided by personnel from PCHR, was exemplary.  Equally important, the enthusiasm and commitment of large numbers of younger Libyan lawyers and activists confirmed that assistance by international organizations would be useful to and appreciated by those working for a free Libya governed by the rule of law.

Based on these observations, the pre-assessment team recommends to Council that ILAC and its member organizations (a) immediately begin engaging the Libyan legal community concerning rule of law development and reform priorities, and (b) promptly thereafter begin implementing programs to address these priorities.  Toward that end, the pre-assessment team recommends that planning begin immediately to convene a conference of Libyan legal professionals and civil society actors to outline rule their rule of law priorities directly with donors and implementing organizations that can assist with Libya’s transition.  In view of the present absence of effectively functioning national rule of law structures, the pre-assessment team recommends that this conference focus on local Bar and civil society activists, who have demonstrated a commitment to and willingness to work for the establishment of the rule of law.

The pre-assessment team further recommends that Council authorize the preparation of a needs assessment mission, to travel to Libya shortly after the conclusion of the conference.  This mission will work with Libyan stakeholders to plan the detailed implementation of programs outlined at the conference.  In addition, the needs assessment mission will examine the progress made in establishing effectively functioning national rule of law structures in Libya, and make further recommendations to Council regarding any additional assistance that may be useful in that regard.

An ILAC delegation visited Juba in April for initial talks and agreed with the Ministry of Justice to come back with an assessment mission after the independence (9 July).
The team members are:
Mr. Rodger Chongwe, ILACs Africa Representative, former Minister of Justice from Zambia, now a practicing lawyer in Lusaka. Mr. Chongwe will be the team leader.
Mr. Kalevi Tervanen, Judge and Lawyer from Finland. At present Partner and Head of Middle East and Africa Team in a Finnish law firm. Long experience in justice related projects, specially in the Middle East.

Mr. Bill Meyer, Lawyer, US and ILAC Chair, also participated in the mission. Mr. Meyer was the Raporteur of the mission.

From November 16-23, 2011, ILAC conducted its initial mission to Libya. William Meyer, Chair of ILAC, and Agneta Johansson, ILAC’s Deputy Director, accompanied representatives of the Arab Organization for Human Rights on a combined fact-finding and training mission to Libya in the immediate aftermath of the hostilities.

Working with the AOHR and representatives of ILAC member Palestinian Center for Human Rights, ILAC traveled throughout northwestern and central Libya to meet with representatives of the judiciary, prosecution, Bar and civil society, as well as the interim leaders of various revolutionary councils. The joint team visited various sites in Tripoli, Misrata, Zawiya, Al-Khoms and Sirte to investigate and interview witnesses concerning current conditions, and a variety of alleged incidents involving Khadafy forces, rebel forces and NATO. At the request of the AOHR, ILAC also participated in intensive training provided by the AOHR for more than 60 Libyan lawyers, judges, prosecutors and members of civil society in human rights law and principles.

Assist Libyan jurists

Based upon the findings of this mission, ILAC will work with its members, as well as other international organizations and NGOs, to assist Libyan jurists in developing responses to the urgent challenges faced in building the rule of law in a new, free Libya.

Download a full report on the ILAC mission here.

The AOHR’s detailed report on its findings will be available in December 2011.

George Soros has been a prominent international supporter of democratic ideals and causes for more than 30 years. His philanthropic organization, the Open Society Foundations, supports democracy and human rights in over 70 countries. Born in Budapest in 1930, George Soros is Chairman of Soros Fund Management, LLC.

Aryeh Neier is president of the Open Society Foundations. Prior to joining the Open Society Foundations in 1993, he served for 12 years as executive director of Human Rights Watch, of which he was a founder in 1978. Before that, he worked 15 years at the American Civil Liberties Union, including eight years as national executive director. He served as an adjunct professor of law at New York University for more than a dozen years.

The Stockholm Human Rights Award is a joint initiative by the International Bar Association (IBA), the International Legal Assistance Consortium (ILAC) and the Swedish Bar Association. It is awarded annually to an individual or an institution for outstanding contributions to the rule of law and the promotion and protection of human rights.

Earlier laureates have included the South African judge Richard Goldstone and the UN High Commissioner for Human Rights Navi Pillay.

Africa Legal Aid (AFLA) in cooperation with the Commonwealth Secretariat and International Legal Assistance Consortium (ILAC)  held a high level conference to engage stakeholders, including African State Parties to the ICC, the African Union and sub-regional bodies, and human rights and justice sectors in Africa in Dialogue on the evolving regime of international criminal justice and the work of the ICC. The conference was held on 21-22 October, to coincide with Africa Day of Human Rights on 21 October.  Gaborone, Botswana has been chosen as the venue for this conference because of Botswana’s principled stance on international criminal justice and the work of the ICC.

ILAC Africa Representative, Mr. Rodger Chongwe from Zambia, traveled together with Agneta Johansson, Deputy Director of ILAC, and met with different representatives of the justice sector. The meetings resulted in a better understanding of the needs, and of other international actors involvement in Southern Sudan. The ILAC delegation were also able to present ILAC to different actors within the legal sector, in the judiciary, and civil society organizations.

The next step is that we after the independence at 9 July, 2011, will send a team representing our member organisations to assess the situation more in detail and discuss what kind of programs and projects ILAC and its member organisations can contribute with, says Agneta Johansson.

EXECUTIVE SUMMARY

At the request of the Head of the United Nations Mission in Liberia (UNMIL), Special Representative of the Secretary General (SRSG) Jacques Paul Klein, the International Legal Assistance Consortium (ILAC) conducted the first post-conflict assessment of the Liberian judicial system. This Report summarises ILAC’s findings. In accordance with the terms of reference provided by the SRSG, this Report makes recommendations for the immediate reestablishment of two criminal courts in the capital, Monrovia, and for the short, medium and long term reconstruction of Liberia’s legal system.

Liberia, Africa’s oldest democracy, was founded in 1822 by US President Monroe as a safe haven for emancipated slaves. Independent since 1847, Liberia has a Constitution, the institutions of parliamentary democracy, and an adversarial legal system. The working language is English. Of the population of approximately 3.3 million, approximately 5 per cent are descendants of US and Caribbean slaves; 95 per cent are indigenous Africans.

Currently best known for its civil war and the role of its former president, Charles Taylor, in the war in Sierra Leone, Liberia had a skilled population and abundant natural resources. After 20 years of war, atrocities and torture, Liberia is now the world’s poorest country. Average annual income is USD 140. Life expectancy is 41.

Governed by the minority Afro-American settlers, Liberia enjoyed relative stability until the early 1980s, when Samuel Doe launched a military coup, suspended the Constitution, and assumed full power. In 1989, the National Patriotic Front of Liberia (NPFL), led by Charles Taylor, rebelled against Doe’s arbitrary rule, overran much of the country and in 1990, executed Doe. War intensified as rebels splintered and fought each other, the Liberian army, and peacekeepers sent by the Economic Community of West African States (ECOWAS).

In 1993, the UN Security Council established the United Nations Observer Mission in Liberia (UNOMIL). Following a 1995 peace agreement, Charles Taylor was elected as President in 1997. Taylor formed a new government and announced a policy of national unity and reconciliation.

Peace-building was hindered by the inability of the government and opposition parties to resolve their differences over key issues of governance. National reconciliation was undermined by systemic abuses of human rights, the exclusion and harassment of political opponents, and the absence of security sector reform. In 1999, a new rebel faction, Liberians United for Reconciliation and Democracy (LURD) entered Liberia through Guinea and attempted to overthrow Taylor’s government. By 2002, conflict extended throughout Liberia. Battle lines shifted frequently and rural areas were denied access to vital humanitarian assistance.
In early 2003, a second rebel faction, Movement for Democracy in Liberia (MODEL) emerged. Again, the factions fought each other, Taylor’s armed forces, and other militia. In June 2003, rebels launched two separate attacks on Monrovia. Approximately 600 were killed and vi thousands were displaced. Food shortages, rapid inflation, massive looting, and outbreaks of cholera and dysentery followed.

On 8 July 2003, as fighting between government forces and warring factions intensified, the UN Secretary-General appointed Jacques Paul Klein as his Special Representative (SRSG) in Liberia. On 29 July, the Secretary-General outlined a three-phase deployment of international troops to Liberia, on 1 August the UN Security Council authorised the establishment of a multinational force in Liberia, and on 11 August Charles Taylor resigned and went into exile in Nigeria.
On 18 August, the Liberian parties signed a Comprehensive Peace Agreement in Accra, Ghana. By that Agreement, the parties requested the UN to deploy a force in Liberia and to assist in the implementation of the Agreement. On 19 September, the Security Council authorised the establishment of the United Nations Mission in Liberia (UNMIL). Comprising up to 15,000 UN military personnel, 1,115 civilian police officers and a large civilian component, UNMIL is the UN’s largest peacekeeping mission.

Since UNMIL’s establishment on 1 October 2003, significant progress has been made in the implementation of the Comprehensive Peace Agreement. Monrovia and surrounding areas are stablising, disarmament has commenced, schools are reopening, and humanitarian assistance has reached rural areas.

UNMIL is committed to re-establishing the Liberian legal system as a matter of urgency. At the request of the SRSG, ILAC’s assessment was designed to review the current status of the Liberian judicial system and to identify and prioritise reforms which may ‘kick-start” that system in post-conflict Liberia. To do this, the ILAC team arrived in Monrovia less than seven weeks after UNMIL was established. It met with more than 150 Liberians, including members of the judiciary, lawyers, police, prison officers, legal academics, representatives of non-government organisations (NGOs), church leaders, human rights advocates, and ordinary Liberians.
Serious problems remain. Liberian society has collapsed, 150,000 are dead, 100,000 were displaced in Liberia, and a further 150,000 sought protection in neighbouring Sierra Leone, Guinea and Cote D’Ivoire. There is massive systemic corruption, the infrastructure is little more than a decaying shell, and under the terms of the amnesty granted to rebels by Comprehensive Peace Agreement, many of those who committed atrocities cannot be brought to justice.

There is an almost unanimous distrust of Liberia’s courts and a corresponding collapse of the rule of law. Liberia’s Constitution provides for an Anglo-American legal system, but in reality, there is no effective separation of powers, a limited understanding of the principles of transparency and accountability, little knowledge of contemporary notions of human rights, limited access to legal advice and defence counsel, and unconscionable delays. Taylor’s government withheld salaries from judges, prosecutors, court staff, police, and prison officers for 2.5 years. Judgement, freedom, and even life itself, were often sold to the highest bidder.

But after 20 years of civil war, Liberians want change. Liberia has sufficient qualified and experienced jurists. Training in judicial and professional independence is a priority, criminal procedure requires a radical overhaul, prosecutors must be recruited, defence counsel must be made available to indigent defendants, and a detention centre must be built. Police and prison officers require comprehensive training in all aspects of their duties, and transparency and accountability must be integrated into all areas of government.

Liberia is likely to require significant long-term assistance from the international community, together with a sustained commitment to reform by the Liberian government and its people. It vii must decide how to deal with those responsible for atrocities for which amnesty has not been granted. It must also consider whether to establish a South African-style Truth and Reconciliation Commission. These are hard questions, to which there are no easy answers.

Rapid improvement is possible. This Report recommends short-term, practical projects that are designed to “kick-start” the Liberian judicial system in 2004. These projects will have immediate, tangible and visible benefits in Monrovia and the surrounding counties and will provide a foundation for medium and long term projects. This is first step in the process of reestablishing the rule of law in Liberia, and in developing confidence, both Liberian and international, in Liberia’s legal system.

The Swedish Ministry of Foreign Affairs generously provided the funding for this mission.