human&rights& law$andpractice: an#introductorycourse
TRANSCRIPT
Human Rights – Law and Practice: An introductory course for judges in Africa
University of Cape Town. October 10th – 14th 2016.
Aims and Objectives The aims and objectives of the course are:
1. to develop a broad knowledge of Human Rights Law at an international, regional and national level.
2. to equip judges to apply Human Rights norms and principles in their daily work thereby
3. strengthening and promoting the Rule of Law.
Outcomes By the end of the course participants will have a broad knowledge of Human Rights law and should be able to:
1. Identify and apply relevant international, regional and national human rights law in their daily decision making.
2. Apply human rights principles where specific provisions are lacking or unclear.
Length of course 5 days
DAY ONE Monday 10 October
Programme Venue
8:30 Registration Outside lecture venue
PLENARY OT Moot Court, Level 5
9:00 Welcome and Introduction
9:20 In conversation with: “What are human rights Justice Kate O'Regan, Professor Sandy Fredman
10:00 Discussion: Are judges responsible for human rights?”
Justice Dingake
10:40 Coffee/tea Outside the lecture venue
11:00 Talk: The international protection of human rights and state responsibility for human rights violations
Professor Danwood Chirwa
11:30 International humanitarian law Sarah Swart
1:00 Lunch Quad, Level 3
2:00 Talk: Major international human rights instruments
Professor Penny Andrews
3:10 The work of the OHCHR Video
3:30 The work of the ICC Video – Lord Justice Fulford Senior presiding judge of England and Wales, former judge of the ICC
3:45 The AU and the ICC Video – Human rights watch
4:00 Questions time/discussion Peter Carter QC, Professor Andrews, Professor Danwood Chirwa
4:30 Finish
7:00 WELCOME DINNER at PIGALLE
DAY TWO Tuesday 11 October Programme Venue
PLENARY OT Moot Court, Level 5
9:00 Talk: The African Charter of human and peoples' rights and other core African Human Rights instruments and their relationship with international human rights instruments
Professor Frans Viljoen
10:00 Talk: African regional and sub-‐regional judicial and quasi-‐judicial mechanisms including the African Commission on human and peoples' rights, the African court
Advocate Pany Tlakula – Chair of the African Commission
10:50 Coffee/tea Outside the lecture venue
11:10 Talk/discussion: How international and regional human rights norms are reflected in national constitution and legislation
Justice Dingake, Professor Frans Viljoen
BREAKOUT GROUPS Breakout rooms
11:50 Identifying gaps in national legislation against international and regional human rights provision. Study period where judges separate into small groups of colleagues from the same country to identify the gaps
1:00 Lunch Quad, level 3
PLENARY OT Moot Court, Level 5
2:00 Feedback from the breakout groups
2:40 Talk/discussion: Customary law and human rights
Professor Chuma Himonga
3:00 Coffee/tea Outside the lecture venue
4:10 Finish
DAY THREE Wednesday 12 October Programme Venue
PLENARY OT Moot Court, Level 5
9:00 Talk: Applying human rights norms (international, regional and national) in judicial decision making
Justice Dingake
9:40 Talk: Fair trial issues – general powers and remedies available to the courts
Justice Dingake
10:10 Talk: Arrest, investigation and detention – main issues
Dame Linda Dobbs DBE
10:50 Criminal case study: Arrest, investigation and detention – main issues
Peter Carter QC, Tseliso Thipanyane
11:20 Coffee/tea Outside the lecture venue
BREAKOUT GROUPS Breakout rooms
11:35 Discussion and resolution of legal submissions with facilitators
PLENARY OT Moot Court, Level 5
12:20 Feedback from the breakout groups
12:45 Talk: Trial issues Dame Linda Dobbs DBE
1:15 Lunch Quad, level 3
2:15 Case study. Trial issues, legal submissions Peter Carter QC, Tseliso Thipanyane
BREAKOUT GROUPS Breakout rooms
2:45 Discussion and resolution of legal submissions with facilitators
3:30 Coffee/tea Outside the lecture venue
PLENARY OT Moot Court, Level 5
3:45 Feedback from the breakout groups Peter Carter QC, Tseliso Thipanyane
4:30 Finish
DAY FOUR Thursday 13 October Programme Venue
PLENARY OT Moot Court, Level 5
9:00 Talk: Constitutional challenges and administrative review of breaches of human rights
Professor Hugh Corder
9:50 Case study: Legal submissions Peter Carter QC, Tseliso Thipanyane
BREAKOUT GROUPS Breakout rooms
10:30 Discussion and resolution of legal submissions with facilitators (coffee/tea to be taken in this period)
BREAKOUT GROUPS Breakout rooms
11:40 Feedback from breakout groups Professor Hugh Corder, Peter Carter, Tseliso Thipanyane
12:10 Fair trial issues – pulling the strings together Justice Dingake
12:30 Lunch Quad, level 3
PLENARY OT Moot Court, Level 5
1:30 Women’s rights Professor Rashida Manjoo, Justice Lillian Tibatemwa
2:45 Coffee/tea Outside the lecture venue
3:00 Women’s rights continued Professor Rashida Manjoo, Justice Lillian Tibatemwa
4:10 Finish
DAY FIVE Friday 14 October Programme Venue
PLENARY OT Moot Court, Level 5
9:00 Talk: Children's rights Professor Julia Sloth-‐Nielsen
9:50 Talk: Disability Professor Helene Combrinck
10:40 Discussion: Hypothetical scenarios Professor Julia Sloth-‐Nielsen, Professor Helene Combrinck
11:30 Wrap up: completion of evaluation forms Presentation of certificates
Vanja Karth and Linda Dobbs
12:20 Finish
1:00 LUNCH at WINERY
FACILITATORS Day Three Group One Dingake Group Two Tibatemwa Group Three Carter Group Four Thipanyane Dobbs (to float) Day Four Group One Dingake Group Two Corder Group Three Carter Group Four Thipanyane Dobbs (to float)