Sisters' Arab Forum for Human Rights in cooperation with No Peace Without Justice (NPWJ) with the financial assistance of EU and under the auspices of Ministry of Human Rights organized the First Training Workshop for Media on ICC on 4-5 June 2006 in Sana'a – Republic of Yemen.
The workshop aimed at supporting and raising awareness on ICC and intensify efforts through media to urge Yemen ratify R.S.
First Day 4 June
The meeting was very well attended, over 61 people including Yemeni and regional media, H.E. Khadija AL-Haisami, Minister of Human Rights, Gianluca Eramo, Program Officer at NPWJ, Mr. Nabil Sadeq Al-Basha, MP, Sinan AL-Agi, rapporteur of the Constitutional Committee and Legal Affairs of the Yemeni Parliament, and representatives from the Netherlands Embassy, political parties, and NGOs attended the opening ceremony. The rest of the sessions were attended by about 50 participant representing official, political, and independent media from different governorates and regional & satellite correspondents.
In the opening ceremony, many important statements were made which clarified the importance of media support to ICC ratification.
Amal Basha, SAF Chairperson and MENA Coordinator of CICC:
She indicated in her speech, after welcoming all and thanked them for attending, that media plays a major and very effective role in supporting and protecting human rights. She also indicated that the planned number of participants in the workshop was 35-40 participants, but the number was increased because many journalists and media representatives called in and expressed interest in participating in the workshop, which indicates that ICC is a very important and vital issue that they are interested to know about. She said that she believes all the efforts carried out by NGOs and human rights organizations will not be successful unless accompanied by objective and brave media coverage which will support efforts and reveals all violations. She blamed the Constitutional & Legal Affairs Committee of the Yemeni parliament for stalling on submitting its report to the Yemeni Parliament urging it to ratify R.S. using sovereignty and immunity as a pretext. She expressed her disappointment regarding the stand of all Arab states, except Jordan & Djibouti, who haven’t ratified. Although Yemen’s clear commitment and moral obligation by signing R.S. 5 years ago, it hasn’t ratified R.S. until now. She raised a question of why did the parliament ratify fast the Convention against Corruption, although it contains provisions related to sovereignty and immunity. What was the price Yemen received for ratifying this convention?, because it is clear for those who follow the issue that there is a financial return from ratifying the Convention, while ratifying R.S. does not offer any financial benefits for the ratifying countries, however it offers protection for the citizens and the state. She said that we feel sad and disappointed to see the Constitutional Committee fails to present its report to the parliament although the ministers’ council after approving referred it to the Committee two years ago. Finally she emphasized that human rights activists and civil society organizations will continue efforts to reach peaceful and modern Yemen where law prevails. She concluded her statement by asking; Whose best interest that Yemen does not ratify?
Gianluca Eramo, NPWJ:
He pointed out that establishing ICC is one of the most significant developments for justice in the past century, and it offers hope of accountability to victims, the promise of restoration of the rule of law, and sends a warning to those who commit the gravest violations. He indicated that the role that media plays is to keep people informed about what is happening at the court, both on judicial developments, like the case of Mr. Thomas Lubanga of the DRC, as well as on other developments, like how the court is addressing the needs of victims and populations of the so – called situation countries. He emphasized the important role by saying that the effective role besides filling the public’s need for information, but professional media representatives need to have a good grasp of what ICC can or can not do. He also said that there is another role that media can play, equally as important but perhaps less obvious, is to maintain momentum towards universality of the Rome Statute. He concluded his statement by urging media representatives to take an effective role to reach the goal of justice and he wished the participants fruitful and productive training.
Nabil Sadeq AL-Basha, Member of Yemeni Parliament:
At first he clarified that he attended the opening ceremony representing himself not the parliament. He talked at the beginning of his statement about ICC, its importance and role and overviewed the conference of Democracy and ICC that was held in Yemen in 2004 and was expected that Yemen ratify R.S. after that conference, but the stalling that happened after that disappointed every one. He expressed his strong support and joined his voice with Ms. Basha’s urging the Constitutional Committee to submit its report on R.S.
H.E. Khadija AL-Haisami, Minister of Human Rights:
She emphasized in her statement that civil society organizations and Ministry of Human Rights are working side by side to protect human rights. She clarified that because some may get a wrong idea that the Ministry of Human Rights and NGOs are working in different direction but the truth is they are cooperating and complement each other for their common goals. She even said that civil society organizations serve as a Consultation Authority for the Ministry of Human Rights. She indicated that human rights issues are globally important and the behaviors of states show their respect of human rights values. She said that media plays a great role in protection of human rights and spreading awareness on human rights as well. She concluded her statement by saying that the elements of success for the workshop was already fulfilled with the quality media participants and trainers and thanked the EU, NPWJ and SAF for organizing such an important workshop.
After the opening session the training started as per the attached agenda
First Session:
- Introduction on the Principles of Human Rights and Human Rights Law by Amal Basha
She viewed a power point presentation where she explained the following:
- The definition of human rights concept
- The International Charter (Universal Declaration, the International Covenant of Civil and Political Rights, the Optional Protocol regarding submission of complaints, the second Optional Protocol regarding death penalty)
- The International Covenant of Human Rights (Economic, Cultural, Civil, Political, and Social Rights)
- Characteristics of Human Rights
- Human Rights Conventions (based on subject, and based on individuals or groups)
- Related Human Rights mechanisms ( international, regional, and local mechanisms)
- Regional HRs Conventions (European, America, African and Arab Charter)
- Regional Courts ( European, American and African Courts)
Overview on the International Humanitarian Law by Mr. Shawqi AL-Qadi
He raised the discussion on the saying that some believe that religions are the reasons for violence and terrorism, where the participants expressed their opinions. Most of them said that religions are used to provoke nations for political reasons, while religions actually reasons for harmonious coexistence.
He also brainstormed on the saying that the International Humanitarian Law was a joke, or does the problem lays on the factors accompanying the International Humanitarian Law which makes the powerful countries manipulate it?
After brainstorming he summarized that whenever we discuss the any law whatsoever we have to discuss the law itself neutrally, and its implementation. He said that the law might have some defects, but usually the biggest problem lays in the implementation of the laws and hegemony.
Historical Background on Criminal Law and Special Courts (Nuremberg, Tokyo, Yugoslavia, Rwanda, Sear lion, Cambodia) by Professor. Ahmed AL-Humaidi
First he explained for the media the necessity to differentiate between signing a convention and ratifying. He said that signing is not necessary obligatory, however result a legal responsibility except in the following cases:
- If the agreement stated legal responsibility
- If the intention of the concerned parties meant legal obligation, or
- If the behaviors of the concerned parties manifested obligation
He also explained that signing can also be a preliminary phase for ratification.
Then he explained the history of the idea of International Criminal Judicial System which was first adopted by Mr. Gustaf Monienah, who first called for establishing international criminal court. Professor AL-Humaidi explained the course of events and circumstances that led to establishing the special courts. He indicated that establishing special courts formed the basic stone and directed the efforts to establishing ICC. He explained that the period between 1949-1998 was full of hard and continues efforts that led to establishing ICC.
ICC Establishment, Jurisdiction, Principles of Complementarity & Cooperation by Mr. Shawqi AL-Qadi
Mr. Shawqi explained the establishment of the court and its jurisdiction. He indicated that the court’s jurisdiction included genocides, war crimes, crimes against humanity and crime of aggression, which was postponed until state parties agree on definition which will be reviewed on 2009 .
He also explained the principle of complementarity between ICC and national jurisdiction of ratifying states as well as the cooperation between both of them.
Structure of ICC & Assembly of States Party by Sania AL-Aswadi
She explained by power point presentation the role of the Assembly of State parties and its tasks, and talked about the languages of the ICC and the judges.
Then she proceeded in explaining the structure of ICC:
- The Office of the Prosecution ( tasks and members)
- The Presidency of the Court ( tasks and members)
- The Office of the Registrar
- Trail chambers ( Pre-trail Chamber, Trail Chamber, and Appeal Chamber
Finally she talked about the Coalition of the International Criminal Court (CICC) and clarified to the participants the difference between ICC and CICC.
Then there was a discussion where participants expressed their opinions and raised questions to be answered by the trainer. The trainees were given several documents including R.S., AI Fact Sheets, and books on ICC situation in the MENA Region. They were asked to go through the documents to prepare for the next day training and exercise
Second Day 5 June
Two sessions were conducted as follows:
Second Session:
There has been a change in the agenda of the second day due to benefiting best from the time and the training was conducted as follows:
Ms.Amal Basha wrap up the subjects covered and discussed at the first day.
The Position of Arab States and Yemen in Particular on Ratification and Consequences Shawqi AL-Qadi
Mr. Shawqi raised the question of reasons that Arab States haven’t ratified R.S. yet, and the different opinions of the participants were as follows:
- The U.S. hasn’t ratified
- The R.S. did not actually bring anything new
- The contradiction between national legislations and R.S.
- The fear of revealing violations in the Arab states, and the intention to actually commit such crimes
- Absence international credibility
- Immunity
- Absence of Democracy
- Resistance of whatever comes from the West
- The relations between the East and the West
- U.S. threats to stop aids
- Sovereignty
- The fear of misuse of law
- Weakness of civil society organizations
- The absolute repression of Arab States on their nations
- Misunderstanding the International Law
- Fear of national authorities losing control
- Demanding establishing fair national courts
- Uselessness of previous international laws
- Not complying with the previous international laws
- Weakness on ICC awareness
- (Sa’ada) war in Yemen and fear of prosecuting senior officials on war crimes
Mr. Shawqi explained to the participants that most of the reasons they suggested should actually be motivation to ratify not the opposite, and indicated the immunity of senior officials, sovereignty of state and surrender of citizens to foreign body are used as pretext.
The Challenges for Accession to RS of ICC by Professor. Ahmed AL-Humaidi
He explained the challenges for accession to R.S. and the procedures for accession
The Role of Civil Society and Media in Supporting and Promoting ICC by Khalid AL-A’anesi
He discussed the expected role of Civil Society Organizations and media to come out with working strategy. The outcome of the session was as follows:
1. Pushing for Ratification through raising awareness on ICC
2. Removing doubts about the jurisdiction of ICC
3. Building a partnership relationship between civil society organizations and media
4. Releasing a constant articles or dedicating a column in some important newspapers for ICC related issues to raise awareness
5. Using the most effective tools and instruments to raise the public awareness on ICC like the help of Imam of mosques.
6. Reconstructing the public point of view
7. Peaceful sit in before the parliament building
8. Draft a black list of MPs opposing ICC
9. During this time, where elections are close, we should benefit best from this time. When media address questions to presidential and local councils candidates about their stands on ICC
10. The major role media can play is raising awareness because media have access to people
11. Combating signing any BIA with the U.S. through educating the Public about this agreement, and demanding the Yemeni government not to sign bilateral agreement.
12. Media and civil society organizations should focus their efforts on the constitutional committee
13. Drafting a joint statement from media legal parties, and civil society organizations addressed to the parliament and accompanied by media companies
14. Forming a follow-up committee consists from media representatives.
Ms. Amal pointed out to the importance of media accuracy, integrity, objectivity, and neutralty, and documenting violations.
Rana Ghanedm, External Relations and Media Officer announced that SAF organizes annual competition for youth and the next competition will be dedicated to ICC related articles, researches, ..etc.
Ms. Amal explained to the participants that media representatives can attend trails by acquiring accreditation from ICC to cover trails and make sure that the procedures of trails are correct and fair.
After 3 exercise papers were distributed on the participants and discussed to see their comprehension of the subjects covered in the workshop.
Then the evaluation papers were distributed among the participants and the workshop was concluded by distributing certificates of participation to all participants.
Finally, the workshop received very good media coverage in both private and official newspapers and T.V.
