EVENTS |
||||||||||
|
Lawyers Human Rights Training
11 th and 12 th August 2004
The Fiji Human Rights Commission, in partnership with Interights, an organisation that collects and disseminates human rights judgments and cases from around the Commonwealth and around the World and also conducts training on human rights, organised a two-day seminar for a selected group of 20 legal practitioners and human rights defenders from wide and diverse backgrounds - State lawyers, private practitioners, community paralegal advocates as well as solicitors from the Colonial and Westpac Banks.
The idea for the seminar was to introduce human rights principles and comparative international human rights law to these practitioners so that they have a better understanding of human rights principles, and more importantly, to allow them to utilise these human rights laws in their cases. The intended outcome is for human rights to be "unpacked" and demystified so that it becomes relevant to these practitioners and in turn it will become an essential tool in their work. Another outcome that we intend is that with the increase in such cases before our Courts the Fiji Human Rights Commission will not be the only organisation that utilises human rights principles and International Human rights laws in our cases because the Constitution obliges our Courts to have regard to these International human rights laws where relevant.
Each session of the training is discussed below in brief.
Session 1 - Introduction to International and Comparative Human Rights Law
This was a general introductory session, which introduced the participants to the different international human rights instruments and their origin and sources. This session also illustrated some practical examples on how the international human rights laws were applied in domestic courts.
Session 2 - Introduction to the humanrights provision of the Fiji Constitution and their relationship to public international law
The Fiji Human Rights Commission facilitated this session. This session highlighted the human rights provisions contained in the 1997 Constitution each section from 22 to 40 and their origins from the international human rights instruments. The cases initiated by the Human Rights Commission under each of the sections of the Constitution were also discussed.
Session 3 - Introduction to key provisions of international human rights law: Civil and political rights
Session 3 discussed the civil and political rights contained in the 1997 Constitution and their origins from the various international human instruments. It also highlighted the decided cases from various jurisdictions including the Commonwealth, South Africa and India . The participants were also provided with useful links on where to research for human rights cases on specific humanrights issues.
Session 4 - Break out groups discussing participants' experience with civil and political rights and how international law might be used
In this session the participants were divided in two groups and were given case studies to discuss and determine which civil and political rights were breached based on the facts. The participants also discussed the cases they dealt with which related to civil and political rights of individuals.
Session 5 - Introduction to key provisions of international human rights law: Economic Social and Cultural Rights
This session discussed the economic, social and cultural rights of individuals are guaranteed under the various international human rights instruments. The session also highlighted the cases brought in various jurisdictions.
Session 6 - Break out groups discussing participants' experiences with ESC rights and how international law might be used
The participants were again divided into 2 groups and they were given another case study dealing with economic, social and cultural rights. At the end of the session each group reported back to the entire group of their discussions.
Session 7 - Group exercise [Day 2]
The second day started with a little group exercise where each participant was given a secret identity and the facilitator read out several statements relating to equality and non-discrimination. Based on the secret identities the participants were supposed to take a step forward or a step backwards if it affected them in a positive or negative manner. At the end of the session the participants were asked to reveal their secret identities and explain how they were affected by the statements read out. This session was greatly enjoyed by the participants and the facilitators.
Introduction to the key law and systems for equality and non-discrimination internationally
This session gave some insight to the participants of the international humanrights instruments, which promoted equality and non-discrimination. Instrument like the Convention on the Rights of the Child, Conventional Against all forms of Discrimination Against Women, International convention on the Elimination of all forms of Racial Discrimination, International Covenant on the Civil and Political Rights and International Covenant on Economic, Social and Cultural Rights were discussed. Cases which dealt with the various equality and non-discrimination provisions were also highlighted and discussed.
Session 8 - Introduction to Fiji equality and non-discrimination law
This session highlighted the equality and non-discrimination provisions in the 1997 Constitution and the limitations contained therein. The session also discussed the unfair discrimination section under the Human Rights commission Act 1999 and the powers of the Fiji Human Rights Commission in dealing with complaints of unfair discrimination.
Session 9 - Outline of key principles of international law relating to equality and non-discrimination
This session discussed formal and substantive equality, public and private discrimination, direct and indirect discrimination. The session also discussed harassment, victimisation, positive/affirmative action issues and how they existed with the equality provisions.
Session 10 - Group discussion of key challenges to equality and non-discrimination in Fiji and potential role of international and comparative law
This session introduced the equality and non-discrimination law in Fiji and also highlighted the limitations to the right to equality. There was discussion on the Constitutional and Human Rights Commission Act.
At the end of the session the participants broke up into two groups and discussed a case study submitted by one of the participants', and focused on the application of international principles.
Session 11 - The way forward with international and comparative law in Fiji
This as the final session and the facilitators discussed the follow up to this two days workshop. The facilitators from INTERIGHTS also confirmed that they would be willing to provide further assistance to the participants in terms of highlighting the latest cases on particular human rights issues and in any other way.
The participants at the end agreed to form a Fiji Human Rights Lawyers Network and exchange human rights cases, news and updates with each other through emails. The resource materials for the training have has been compiled and any legal practitioner wanting to obtain a copy can contact the Legal Officers, Usaia Ratuvili and Deveena Sudhakar-Herman at the Commission.