Program 4 The Lawyer as a Lobbyist before International Organisations

Transcription

1 Vienna, October 16, 2014 Program 4 The Lawyer as a Lobbyist before International Organisations Dear Chairman, Distinguished participants, First of all I would like to thank Mr. Emery for inviting me and, on my behalf, the UIA to share with you a brief overview of the relations the UIA have with IGO. A document that should be available on the Seminar Website provides you with a summary of the UIA general activities. In order to respect the time allotted, I will limit my report to address a very brief description of the association s mandate, membership and scope to look more deeply into several key aspects of the UIA s interactions with IGOs. Created in 1927, the Union Internationale des Avocats (UIA International Association of Lawyers) is the oldest worldwide legal association. It gathers several thousand of legal practitioners and more than 150 bar associations, organizations or federations what we call collective members from over 110 countries. Members also include legal professionals, judges, law students and teachers. The UIA is a multilingual and multicultural organization working daily in three languages (French, English and Spanish). It encourages cooperation and exchange between law professionals in a way that respects cultural and professional diversity. The UIA s objectives are: -To promote the basic principles of the legal profession, especially independence and freedom. - To facilitate the professional development of lawyers and the improvement of the legal science through experience sharing - To contribute to the establishment of an international legal order based on the principle of justice between nations, the rule of law and the pursuit of peace, objectives that provide the major basis of UIA relations with IGOs. - To intervene when lawyers who are imprisoned and persecuted for practising their profession all over the world. The fulfilment of this UIA objective constitutes one of the main activities of the Human Rights and Protection of Lawyers Department

2 In furtherance of its objectives, and especially of the promotion of legal sciences, the UIA has established 43 commissions and working groups that conduct and mainly produce the regular scientific work of the organisation. The commissions are divided into two groups: the law in business and in general practice fields including human rights. The Presidents of each Commission are encouraged to organize thematic seminars, training sessions and other events in several countries. Many of these events are held in collaboration with National Bar Association or International organisations, including both non-governmental and intergovernmental organisations. Commissions offer to members a privileged platform to discuss trends and challenges in the legal profession. This is particularly true for the annual UIA congresses which are the main scientific events of the organization. Since its creation, the UIA has always integrated an international dimension to its statutory objectives. In 1927, for instance, these objectives included supporting the League of Nations activities. The UIA believes that contributing to the promotion and respect of international law, human rights and the Rule of Law are main elements of lawyers responsibility. International organizations can be instrumental in engendering both binding and non-binding commitments that are helpful to implement the principles the UIA promotes. Therefore, its interaction with Intergovernmental organisations represents today one of the pillars of UIA activities. Although the UIA has not adopted specific rules for its activities in this field, its Statutes (Art.3.1 in particular) and most of the charters and resolutions adopted (such as those referring to access to justice for all, the defence of minorities human rights and lawyers, peace and development) are a complete set of principles that guide UIA Relations with IGO. The UIA benefits from a special consultative status with the UN Economic and Social Council since 1971 and a participatory status with the Council of Europe. Through its representatives, the UIA undertakes a wide spectrum of activities before IGO including active support and information awareness. At the United Nations, the UIA monitors long-term negotiating processes. But it also attends many United Nations meetings that States, United Nations organs, other intergovernmental bodies, and nongovernmental organizations organize as specific events, including open debates, expert panels, and informal briefings. The UIA responds to invitations for comments, including consultations and discussion papers, expressing its position on different subjects. The UIA participates in non-governmental coalitions such as the Coalition for the International Criminal Court. The UIA was also a member of the non-governmental coalition that called for the establishment of the Working Group on Discrimination against Women in Law and in Practice, at the Human rights Council. The UIA exchanges thoughts or cooperates with intergovernmental mandate holders and governmental and non-governmental representatives.

3 The UIA organises Briefings, such as the UIA Bar Leaders' Briefing that was held in last May in New York, as well as other side events such as the conference it organised in collaboration with UNESCO in September 2011 at the former Commission on Sustainable Development. - Through its Department on Relations with intergovernmental organizations, the UIA is involved in the debates that are closely related to UIA s main objectives. Examples of its involvement in the Human Rights field would include the UIA participation as an observer in the process of the UN General Assembly on strengthening and enhancing the effective functioning of the human rights treaty body. The UIA also attends the special events and briefings organised by the New York Office of the High Commissioner for Human Rights. In September 2012, the UIA participated in the High-level Meeting (of the 67th Session) of the General Assembly on the Rule of Law at the National and International Levels. In relation to the principle of Non-discrimination, the UIA regularly attends the yearly sessions of the Commission on the Status of Women, and follows the activities of the Working Group on Discrimination against Women in Law and in Practice. The UIA participated in the process that led to the adoption of the Convention on the Rights of Persons with Disabilities and attended the UN General Assembly, High-level Meeting on Disability and Development. As regards Sustainable Development the UIA attended all sessions of the former Commission on Sustainable Development and participated in the 2002 World Summit on Sustainable Development in Johannesburg and the 2012 UN Conference on Sustainable Development in Rio. It puts particular attention on the process of the Post-2015 Development Agenda which will replace the Millennium Goals) with a special focus on access to justice, legal empowerment, human rights based approaches and corporate responsibility. The International Peace and Security is one of the prime concerns of the UIA. Therefore, our organisation has been monitoring questions related the use of force, e.g. crime of aggression, responsibility to protect, nuclear weapons and other weapons of mass destruction, working methods in the Security Council. The UIA has been particularly implicated in matters of International Criminal Law. It observed the activities of the pre-rome preparatory committee and the post-rome preparatory commission for the International Criminal Court (ICC) and participated in the 1998 Rome Diplomatic Conference that established the ICC. Today it is regularly represented at the ICC Assembly of States Parties. Since 1997, the UIA is a member of the Coalition for the International Criminal Court (CICC) and participates in various CICC Teams on specific subjects, including Teams on legal representation, oversight, gender justice, and amendments. The UIA representative led the CICC Team on the Crime of Aggression for nearly a decade, including at the 2010 Kampala Review Conference that adopted the crime of aggression, with a particular focus on due process and the principle of legality. The UIA has been also active in the legal aid policy process.

4 - UIA Commissions too can also be directly active as regards IGO relations on a one-time or regular basis The Commission on the Protection of Lawyers have submitted communications to UN special rapporteurs requesting them to monitor situations regarding lawyers or human rights defenders who are intimidated or attacked. It was the case for instance of Turkish lawyers prosecuted under terrorism charges in Mme. Gabriela Knaul, Special rapporteur on the independence of judges and lawyers will deliver a keynote address at the UIA Congress in Florence. From several years, this Commission has been collaborating with the United Nations Interregional Crime and Justice Research Institute (UNICRI) organising an International Criminal Law Defence Seminar. The last edition of the Seminar took place in Turin in May The UIA is being regularly invited to participate in the sessions of the United Nations Commission on International Trade Law (UNCITRAL). The UIA Bankruptcy Law Commission is actively involved in the Working Group V related to the Insolvency Regime, providing a practical view of the discussed issues. Ambassador Mr. Choonghee Hahn, chair of the 47th Session of UNCITRAL will be attending the 58 th UIA Congress. From a thematic perspective, the Business and Human Rights Commission participates in several Human Rights and transnational corporations related meetings. The UIA Immigration and Nationality Commission has been monitoring discussions on migration issues with a particular focus on labour migration. The Commission participated in discussions at the United Nations High Level Dialogue on Migration and Development and in the UN 12th Annual Coordinating Meetings on Migration that was held in New York. The UIA has been invited to become an observer on a cooperative project started by the ELI (European Law Institute) and UNIDROIT (International Institute for the Unification of Private Law) aiming at developing the ALI/UNIDROIT Principles of Transnational Civil Procedure, and producing a model of European Rules of Civil Procedure. -The UIA maintains close relations with regional intergovernmental organisations. The UIA is regularly invited by the European Court of Human Rights to participate in meetings open to Non-Governmental Organisations and international Bar Associations aiming at discussing practical aspects of bringing cases before the Court and other general issues such as challenges facing the Convention system. Through its Human Rights Commission, the UIA organises every year an itinerant seminar on proceedings before the European Court of Human Rights in collaboration with the Court. The UIA is listed in the Transparency Register of the European Union and encourages its commission to participate in EU consultations. In 2014, the UIA organised a seminar on EU Data Protection Regulation at the European Court of Justice under the patronage of the President of the European Court. The UIA has intervened on specific issues before the Inter-American Commission of Human Rights, by sending Amicus curiae. It plans to apply to be listed in the Registry of Civil Society Organizations in the Organisation of American States.

5 The UIA sent communications to the African Union calling for instance African leaders to take a stand against withdrawal from the Rome Statute and against non-cooperation with the International Criminal Court. The UIA is planning to apply for observer status with the African Commission on Human and Peoples' Rights. Thank you for your attention. Romina Bossa-Abiven rbossa@uianet.org