law

Breaking the Silo Approach in implementing the SDGs

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downloadOne overarching characteristic of sustainable development is its three-pillared nature, which encompasses economic, environmental and social sustainability. To ensure that the sustainable development goals (SDGs) truly integrate the three pillars, Ambassador Sajdik convened an interactive dialogue on breaking the “silos mentality” to sustainable development .

Mr. Netshitenzhe spoke on the administrative reforms required to break the silo-approach to development, which included bringing together all government actors in the planning process, aligning the planning cycle of different government agencies, and maintain a hierarchical discipline to ensure that subsidiary agencies see to it the developmental plan initiated by the centre of government. He also highlighted the role of involving the science and private sector in implementing sustainable development. Ambassador Drobnjak echoed this point, stressing that the bottom-up consultation process will provide synergy to the solutions.

Ms. Hickey introduced the forum to the concept of Natural Capital Accounting, which is an exercise of quantifying the natural resources and analyzing ways to maximize the sustainability of the resources. She is followed by Ms. Ramma, who provided a case study of using Natural Capital Accounting to find out how to achieve optimal use of Mauritius’s water resources. Instead of continuing its sugar-cane planting economy, which uses 48% of Mauritius’s water resources but generate only 1.1% of its GDP, finding suggests that transition to production of ethanol from the sugar cane can lead to increase in GDP and improve import-reliant energy sector of the country.

In closing, Ms. Invanova added that science educators need to adapt to a interdisciplinary approach to educating future scientist, and move away from the sectorial, differentiated studies of individual topics. She believed interdisciplinary programmes involving education of science, international relations and financial literacy can equip our future generations with the skillsets to solve problems of their time.

Meeting Title: Moderated Dialogue “From silos to integrated policy making”
Speakers: His Excellency Martin Sajdik (Austria), President of the Economic and Social Council; Mr. David Nabarro, Special Representative of the Secretary-General on Food Security and Nutrition, and Coordinator of the Scaling Up Nutrition Movement; Mr. Joel Khathutshelo Netshitenzhe, Executive Director, Mapungubwe Institute for Strategic Reflection, and member of the National Planning Commission, South Africa; His Excellency Vladimir Drobnjak, Permanent Representative of Croatia to the United Nations, and Vice-President of the Economic and Social Council; Ms. Indoomatee Ramma, Chief, Resource Management Division, Food and Agricultural Research and Extension Institute, Mauritius; His Excellency Ferit Hoxha, Permanent Representative of Albania to the United Nations; Mr. Ousainou Ngum, Executive Director, Agency for Cooperation and Research in Development (ACORD) International, Nairobi; Ms. Maria Ivanova, Co-Director, Center for Governance and Sustainability, McCormack Graduate School of Policy and Global Studies, University of Massachusetts, Boston, on behalf of the major group of scientific and technological community; Ms. Valerie Hickey, Sector Manager, Agriculture and Environment Services, World Bank
Location: Conference Room 1, United Nations Headquarters
Date: 2 July 2014
Written by WIT Representative: Harrison Chung
Edited by Wit Representative: Aslesha Dhillon

Doing Justice to Sustainable Development

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Integrating the Rule of Law into the Post 2015 Agenda 

Professor Michael Doyle explained that law is a valuable reflection of human dignity and must be preserved for equality. Democracy based rule of law, entrenched with human rights is essential to ensure that laws are not changeable by any majority in a way that violates equality and social inclusion. Judit Arenas emphasised that rule of law and the sustainable development goals have to go beyond words on paper to ensure that this transformative agenda is actually changed for the better.

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Judith Arenas summarized the IDLO report that has been posted online explaining that the key points in the document include legal frameworks for sustainable governance of resources, access to fair market trade to stimulate the economy, and legal rights that ensure transparency and participation. The recommendations from Rio +20 require that economic growth creates employment and decent work to ensure the eradication of poverty; strong legal institutions promote investment and encapsulate development.

Justice Antonio Herman Benjamin, via video statement, said that environmental degradation is an existential threat to all of us, and although it touches all, it will particularly affect the poor, vulnerable and indigenous people. The wealthy and developed nations’ citizens have the ability to move between countries but millions of poor and vulnerable people have to face climate change as a threat to their existence.

Justice Antonio explained that to have the legal framework in place is one thing, however as a society we need to ensure goals are actually fulfilled. In order to do this the world requires good governance, more than legislative text, but rather interlinked goals alongside systems of compliance and enforcement. Justice Antonio also declared that judges can not be influenced by political and economic pressure, they should not be afraid of favoring weaker parties for their legal rights.

 

Meeting Title: Doing Justice to Sustainable Development: Integrating the rule of law into the post-2015 agenda
Speakers: H.E. Riitta Resch Ambassador of the Ministry of Foreign Affairs of Finland; Professor Michael Doyle, Foreign and Security Policy Columbia University; Justice Antonio Herman Benjamin, National High Court of Brazil; Professor Dalee Sambo Dorough, Chair of UN Permanent forum on Indigenous Issues; Nury Montiel, Director of Human Rights for Supreme Court of Justice of Paraguay, Andres Vazquez Coordinator Human Rights Projects for Supreme Court of Justice of Paraquay, Judit Arenas Director of External Relations IDLO
Location: United Nations UN, Conference Room 5 NLB, New York
Date: 17 June 2014
Written by WIT representative: Sophia Griffiths-Mark

Law of the Sea meeting turns into South China Sea Dispute

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The delegate of Vietnam opened the meeting with criticism towards China for illegally placing vessels and commencing deep-sea mining in the continental edge of Vietnam. Vietnam accused China of infringing sovereignty as they invade the economic zone and shelf of Vietnam including the use of military ships to fire canons at Vietnamese fishing vessels. A delegate of the Philippines fully supported statements by Vietnam. The delegate of the Philippines also emphasized that maritime zones are declared and mapped so that there is greater certainty of sovereign rights and jurisdiction. These mappings, he continued, should be based on charts, historical evidence of sovereignty as well as conventions.

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A delegate of the People’s Republic of China responded to these remarks explaining that commissions on the limits of the continental shelf give China sovereignty over the region. In particular the Xisha Islands that are an inherent part of China’s territory despite Vietnam’s claims that historic evidence gives Vietnam sovereignty over the islands and surrounding waters. China explained to the meeting that as Chinese companies started gas exploration drilling in the region armed Vietnamese boats attacked the operation undermining stability of the waters. The delegate of Russia expressed that this bilateral dispute is inappropriate to discuss on the Law of the Sea multilateral platform, Sri Lanka agreed with Russia in hope that the states would in their own time find a peaceful solution.

Delegates of Malaysia, India and Kenya all expressed concerns for long-term sustainable fisheries and conservation of the natural sea environment. A delegate of Pakistan shared that there are over 1.5 million seafarers each year, many of whom are migrating by sea and there continues to be significant safety concerns. Despite the ever increasing human, technological and financial capacity of the world today, legal frameworks and human rights regarding international waters continues to be a fragmented system needs to be repaired.

 

Meeting Title: United Nations Convention on the Law of the Sea – 175th Meeting
Speakers: Delegates on behalf of: Vietnam, India, Philippines, Kenya, Indonesia, China, Malaysia, Sri Lanka, Pakistan, Costa Rica, Russia, Japan, El Salvador, Somalia, Haiti, an Cyprus; Director of the Secretariat
Location: United Nations HQ, Conference Room 1, New York
Date: 13 June 2014
Written by WIT representative: Sophia Griffiths-Mark

 

Secretary General of the United Nations discusses Human Rights and Rule of Law

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UN SECRETARY GENERAL MEETS WITH SPANISH PRESIDENTThe Human Rights and the Rule of Law meeting spoke on ways to support the integration of these objectives into the post-2015 agenda. Human rights fall into categories that either can enhance development or harm development. Ban Ki-Moon, Secretary-General of the UN, spoke of promoting freedom of opinion and well-functioning institutions, along with better strategies and results. More than 1 billion people remain extremely poor, despite efforts to eliminate poverty. A key element in the ongoing agenda is to secure land for agricultural production.  The Rule of Law will prevent corruption and organised international crime, which H.E. Ki-Moon explained is require to balance the needs of people, while exterminating poverty. The agenda needs to close social and economic gaps.

The UN AIDS Goodwill Ambassador shared that despite decreasing incidence, AIDS continues to be the 2nd largest contributor to adolescent death. More than 40% of people with AIDS are 14 and younger. The Ambassador reported that in 9 of the world’s highest AIDS-prevalent countries, less than 9% of boys and girls have been tested. Anthony Lake, Executive Director of UNICEF, spoke of the success from programs that have been established in damaged areas. Mr Lake elaborated on more governments-based programs to keep children educated, vaccinated and sheltered. In a video message from Navi Pillay, UN High Commissioner for Human Rights, presented four suggestions for the new agenda; that the agenda must address both “freedom from want” and “freedom from fear”, the framework must include the principles of human rights and equality, must contain a strong global partnership and must be based on a strong accountability.

Meeting Title: Contributions of Human Rights and the Rule of Law
Speakers: Ban Ki-Moon, UN Secretary-General; Anthony Lake, Executive Director UNICEF; Navi Pillay, UN High Commissioner for Human Rights; President on Human Rights; Minister of Foreign Affairs of Norway
Location: United Nations HQ, Trusteeship Council, New York
Date: 9 June 2014
Written By WIT representative: Leslie Anokye
Edited by WIT representative: Sophia Griffiths-Mark 

Cross-Regional Perspectives on Democratic Accountability

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This afternoon a meeting was convened on the linkages between human rights, rule of law, and democracy, and their effects on public service delivery. Ms. Miculescu began the meeting by stating that transparent and accountable institutions, as well as active participation and inclusion of all citizens in policy-making processes, are imperative for efficient public service delivery, democracy, and human rights.

Following this introduction, Dr. Spehar spoke about how democratic accountability is relevant for development, how to ensure democratic accountability in public service delivery through horizontal accountability (state institutions that hold each other accountable) as well as through vertical accountability (the role of citizens, civil society, and the media to hold government institutions accountable), and how democratic accountability can be assessed by using various governance indicators. The most effective democratic accountability comes from the interplay between formal accountability mechanisms like checks and balances within the government, and civil society working together.

Mr. Hilale then spoke about how Morocco has worked to decrease corruption, and promote human rights by reforming and creating accountable institutions. Furthermore, Mr. Hilale stated that gender equality and the empowerment of women, as well as human rights education and training, are necessary to uphold the rule of law and have good governance in order for democratic accountability in public service delivery to exist.

Next, Ms. Tan spoke about how Singapore’s strong commitment to rule of law and democratic accountability in public service delivery helped by Singapore’s relatively quick development. She also highlighted how holding democratic elections, equality of opportunity, and a collaborative relationship between the government and its citizens are necessary for democratic accountability.

Mr. Ulibarri then spoke about how in 2004, two former Costa Rican presidents were prosecuted for corruption charges. He stated how shocking this was for the nation, and that in order to promote accountability and eradicate government corruption a country needs strong legislation, guaranteed access to public information for its citizens, and an accepted and enhanced role for civil society to promote good institutions. To conclude, Mr. Massimo stated that democratic political processes are fundamental to inclusive development, and necessary for democratic accountability. It’s important to take into account how responsive government institutions are, and the role that actors and policy makers play in public service delivery.

 

Meeting Title: Rule of Law, Human Rights and Democracy in the Post-2015 Development Agenda: Sharing Cross-Regional Perspectives on Democratic Accountability in Public Service Delivery
Speakers: H.E. Ms. Simona Miculescu, Permanent Representative of Romania; Dr. Elizabeth Spehar, Director of European Division, UN Department of Political Affairs; H.E. Mr. Omar Hilale, Permanent Representative of Morocco; H.E. Ms. Karen Tan, Permanent Representative of Singapore; Mr. Massimo Tommasoli, Permanent Observer for International IDEA to the UN
Location: United Nations HQ, Conference Room 7, New York 
Date: 9 June 2014
Written by WIT representative: Marli Kasdan
Edited by WIT representative: Sophia Griffiths-Mark 

 

International Law and Crisis in Ukraine: A Roundtable Discussion

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Recent events in Crimea and Eastern Ukraine have raised an array of challenging issues related to self-determination, secession, international intervention, and annexation. The panel aims to explore the legal and policy implications of these issues.

Note: It was recorded that no representative were present from the Russian Federation or from the 11 nation states that were against UN General Assembly Resolution 68/262 that was adopted on 27 March 2014, entitled “Territorial integrity of Ukraine”

In the pursuit of conducting a balanced debate on the issue of Crimea, participants were shown a video of the Republic of Nicaragua delegation providing the UN General Assembly their reasoning for voting against resolution 68/262. The main point highlighted related to the issue of self-determination. This Managua believed validated both – the referendum itself hosted in Crimea on March 16, 2014 and its outcome to join the Russian Federation.

H.E. Yuriy Sergeyev strongly posited that the referendum was illegitimate as it was inspired by Russia and the plebiscite took place while Russian soldiers occupied the peninsula. A similar view is shared by the 100 nations states that were in favour of resolution 68/262 on respecting the territorial integrity of Ukraine.

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Christopher Borgen, acting as a legal advisor on the panel, stated that Moscow’s rationale of categorizing the events, as humanitarian intervention too did not have any legal biases, as matters of intervention do not fall within the jurisdiction of the Crimean Constitution [Article 1] as granted by the parent state; Ukraine. Furthermore, he argued that even if the idea of self-determination is condoned in this scenario, it by no means gives any right to entirely dismember the state.

H.E. Ambassador Yuriy further denounced Moscow for violating the 1994 Budapest Agreement and for acting in a manner inconsistent with international law and thus “creating an imbalance in the international security environment”. As part of the agreement of ‘94, Ukraine had given up its nuclear weapons “on the basis of an explicit Russian guarantee of its territorial integrity”. However by breaching this guarantee, President Putin has undermined the foundational framework of the international order by disrespecting historical obligations that take expression in the form of treaties, pacts and agreements.

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Meeting Title:  International Law and Crisis in Ukraine: A Roundtable Discussion
Speakers: Bettina B. Plevan Proskauer Rose LLP, Chair, Council on International Affairs; Ambassador Yuriy Sergeyev, Permanent Representative of Ukraine to the United Nations; Christopher J. Borgen, Associate Dean for International Studies and Professor of Law, St. John’s University School of Law; Mark A. Meyer, Honorary Consul of the Republic of Moldova in New York, Herzfeld & Rubin, P.C.
Location: The Council on International Affairs of the New York City Bar Association
Date: 4 June 2014
Summary by WIT representative: Apurv Gupta
Edited by WIT representative: Sophia Griffiths-Mark 

 

ATT: Race to Fifty

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The Arms Trade Treaty regulates the international trade of conventional arms.
It aims to promote peace and security by preventing ‘un-governed’ trade of arms in conflict regions;
prevent human rights violations; and ensure that weapons aren’t acquired by criminal groups.

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                       Today at the United Nations Headquarters, a special event marked one year of the ratification of the Arms Trade Treaty (ATT) and a ceremony for newly ratified nations. Eight countries, namely: Australia, Austria, Belgium, Japan, Luxembourg, Samoa, Saint Vincent and the Grenadines, and Trinidad and Tobago ratified the ATT. Thus raising the total number of ratifications to 40, one year after the agreement was opened for signatures. The historic treaty has now been signed by 118 states and will become legally binding in international law after 50 countries ratify.

At least 500,000 people die every year on average as a result of armed violence and conflict, and millions more are displaced and abused. H.E. Mr Gary Quinlan, Ambassador and Permanent Representative of Australia stated that, “by establishing, for the first time, globally-agreed standards for the regulation of the international conventional arms trade, the Arms Trade Treaty will help reduce illegal and irresponsible transfers of weapons which threaten the security of so many countries”. The ambassadors of the respective missions, hosting the event acknowledged and appreciated the commitment of the civil society in ensuring that the states remain honest in their road to the ratification of this treaty. They also urged and encouraged all states, especially those who are the biggest exporters and importers of arms to ratify the treaty.

 Meeting Title: Special event and ratification ceremony: “The Arms Trade Treaty (ATT): Approaching entry into force”
Speakers:  Permanent Missions of Australia, Austria, Belgium, Japan, Luxembourg, Samoa, Saint Vincent and the Grenadines, and Trinidad and Tobago
Location: United Nations Headquarters, Dag Hammarskjöld Auditorium (CB)
Date:  3 June 2014
Summary Written by WIT representatives:  Apurv Gupta and Aslesha Dhillon 

The Right of the Child – The UN takes a stand

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This meeting focused on framing points of views of the right of children and adolescents. UN Representative Sajdik spoke about the atrocities being committed against children especially young girls in Nepal. In Nepal girls can be married as early as 72 months old to 12 years old. Such young marriage violates a young girl’s innocence and early pregnancy results in extreme physical pain, as their bodies have not had time to mature to a safe child bearing state.

The organization SOS Children’s Villages works with children who are orphaned, abandoned or neglected. They give these children the opportunity to build lasting relationships within a family. Their family approach is based on four principles: Each child needs a mother, and grows up most naturally with brothers and sisters, in his or her own house, within a supportive village environment.

Nadine Kalpar, the Youth delegate to Austria, spoke of her personal experiences and the abuse that she witnessed other Austrian children go through. According to the information and statistics she gave, all violence against children, including parents, is prohibited. However 30% of parents in Austria aren’t aware or are not threatened by this law, therefore the violence continues. Ms. Kalpar also discussed ageism in the job market. Adolescents and teenagers are viewed as “lazy” and “unreliable” when it comes time to land a job. This is an attitude that needs to be reversed for young people to receive their right to safe, secure work.

Ravi Bajrak, the Youth Delegate to Nepal, insisted that we cannot change the future if we don’t respond to the current violence and injustices against the youth population. Judith Diers, closing the meeting, stated that we can achieve anything with hard work, dedication, and most of all, trust within humanity to do the right

ImageMeeting Title: The Gov. of Austria, The Gov. of Nepal and the SOS Children’s Villages
Speakers: Judith Diers, UNICEF Representative; Mr. Sajdik, Representative of Nepal; Nadine Kalpar, Youth Delegate to Austria; Ravi Bajrak, Youth Delegate to Nepal
Location: United Nations HQ, Conference Room 7, North Lawn Building
Date: 3 June 2014
Written by WIT representative: Leslie Anokye
Edited by WIT representative: Sophia Griffiths-Mark 

 

Evolving Crisis in Ukraine and its Global Implications

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NYU panel discussion

The Razom Sponsored ‘White Papers’ were put together in a collaborative effort to assist government, media and civil society to understand what has happened in Ukraine from a legal perspective and to predict and prepare for what will happen next.

Ms. Ivanna Bilych, co-author of the white papers, reiterated the illegality of the Crimea referendum, which breaches the Ukraine Constitution, territorial integrity and voters’ rights. The referendum was completed in just ten days, holding citizens at gunpoint, clearly violations of democracy and international law.

Mr. Alexander Gudko explained that the closest precedent is the Turkey and Northern Cyprus annexation, which was not recognized by the international community as a separate state and therefore this legal framework and response should be exercised again for the Crimean situation.

Mr de Moura Sena reminded the meeting of the energy ties between Russia and Ukraine as Russia builds a new pipeline for natural gas. Russia would face much higher development costs if the pipe were built along the deep seabed, rather than using the Crimean coast. The tensions surrounding European energy needs and Russia’s ability to provide this energy are central to this Crisis.

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A key element to the Crimean situation is Russia’s violation of the Budapest Memorandum on security assurances, signed by all members of the Security Council and Ukraine. It was issued to ensure Ukraine would forfeit its nuclear weapons in return for complete political independence and freedom from threats or use of force against territorial integrity.

Dr. Paul Goble declared that Vladimir Putin has disregarded international law and human rights on his own personal agenda for power and expanding the Russian empire. Dr. Goble emphasised that a major step for western nations should be to provide alternative Russian language entertainment and news, to replace the existing Moscow TV. Moscow TV, being the Russian language entertainment monopoly, is manipulated to destabilise neighbouring countries in subversive attacks ordered from the Kremlin.

 

Meeting Title: Evolving Crisis in Ukraine and its Global Implications
Speakers: Mary Holland of NYU School of law, Ivanna Bilych General Counsel for Razom, Paul Goble expert in the post-Soviet region, Alexander Gudko and Matheus de Moura Sena co-author of the White papers, Giorgi Kvelashvili Senator Counselor for Georgia at the UN and Adrius Kalindra from the OSCE.
Location: NYU School of Law, New York
Date: 29 May 2014
Written by WIT representative: Sophia Griffiths-Mark