Tel: Fax: West 13 th Avenue, Vancouver, B.C. CANADA V6K 2V5 20 February 2013

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1 NGO in Special Consultative Status with the Economic and Social Council of the United Nations Promoting human rights by protecting those who defend them Tel: Fax: West 13 th Avenue, Vancouver, B.C. CANADA V6K 2V5 Allard Prize UBC Faculty of Law at Allard Hall 1822 East Mall Vancouver, BC V6T 1Z1 20 February 2013 Dear Allard Prize Selection Committee: Re: Nomination of Lawyers' Rights Watch Canada for the 2013 Allard Prize On behalf of Lawyers' Rights Watch Canada (LRWC) 1, the Honourable Claire L'Heureux- Dubé, the Honourable Carol M. Huddart, Patsy George, Bonnie Klein, Dr. Arthur Clark, Dr. John Dixon, Dr. Ed Levy, Dr. Julia Levy, Joel Solomon, the BC Civil Liberties Association, Lawyers Without Borders Canada (LWBC), and Lawyers for Lawyers (L4L), I nominate LRWC for the 2013 Allard Prize for International Integrity. LRWC is a committee of lawyers who promote human rights and the rule of law internationally through campaigns for human rights defenders in danger, legal research, education, and cooperation with other non-governmental organizations (NGOs). LRWC has Special Consultative status with the Economic and Social Council of the United Nations (UN). LRWC work is carried out by members, almost exclusively on a volunteer and self-funded basis. LRWC and the Allard Prize All LRWC work letters, in-country investigations and trial monitoring, country and issue monitoring, participation in the (UN) and the Organization of American States (OAS) human rights systems, research, and education exemplifies the fundamental Allard Prize criteria of courage, leadership, anti-corruption, transparency, accountability, and the rule of law. 1 LRWC consists of two organizations: LRWC and Lawyers Rights Watch (Legal Research) Canada (LRW[LR]C) incorporated under the Canada Corporations Act, June 8, 2000 and January 8, 2002 respectively. LRW(LR)C became a registered charity on September 5, Both organizations operate under the name of LRWC. Nomination of Lawyers' Rights Watch Canada for the 2013 Allard Prize 1

2 The Allard Prize would enable LRWC to build on the international foundation of trust and respect it has established over the past 12 years. Specifically, the Prize would allow continuation and enhancement of: contributions within the UN and OAS human rights systems; legal research on human rights, accountability and rule of law norms, violations, and remedies; free public education on rule of law, human rights, accountability, and transparency; and advocacy to promote the rule of law and advocacy rights, including protection for human rights defenders, independence of lawyers and judges, and access to justice. To illustrate the congruence between LRWC work and the values, goals, and criteria for the Allard Prize, we have summarized achievements in specific project areas in Canada and other countries. Letters and public statements: LRWC s international campaigns reflect Allard Prize goals including transparency, accountability, and the rule of law. Ongoing work includes campaigns regarding: Cameroonian lawyers under threat; a wrongfully convicted Vietnamese lawyer; and Burmese lawyers unfairly disbarred in non-transparent processes. LRWC s Cameroon letters resulted in temporary protection for the lawyers and ongoing discussions with lawyers, diplomats, and UN officials. Joint letters on the Vietnam case are being followed by advocacy in UN monitoring bodies. In the case of Burma, letters and dialogue with UN officials have been part of efforts resulting in reinstatement of eight lawyers. 2 A statement opposing prosecution of 46 lawyers in Turkey led to a joint report on pre-trial release rights in Turkey and a report 3 to the UN Human Rights Committee. In-country investigations/trial monitoring: The Colombia Caravana demonstrates the use of courageous, collaborative in-country investigations to protect human rights defenders, promote accountability, and enhance transparency. LRWC participation in the 2010 and 2012 Caravanas included meetings with jurists, victims, and government officials, and contributions to Caravana reports. 4 Follow-up has led to a joint amicus brief to the Inter-American Court of Human Rights on State duties to protect lawyers and combat impunity. 5 Other in-country research and trial monitoring (e.g. Cambodia, Thailand) expand knowledge and cooperation with local NGOs. Issue monitoring: LRWC leadership in seeking accountability for equality rights and nondiscrimination in Canada includes: submissions on BC s international law obligations to provide legal aid; communications on the right to counsel in the BC Missing Women Inquiry; a joint report to the UN Committee on the Elimination of Racial Discrimination 2 This work was done jointly by LRWC, L4L, and the Asian Legal Resource Centre (ALRC). 3 Turkey: Briefing to the Human Rights Committee, 106th Session (15 Oct. 2 Nov.), Geneva, from LRWC and The Observatory for the Protection of Human Rights Defenders, created by FIDH/OMCT (Observatory). 4 Colombia: The Legal Profession Still under Attack Report on the second international lawyers delegation to Colombia, 25 May The report on the 2012 Caravana will be launched in May LRWC and LWBC are preparing an amicus brief for filing in the Inter-American Court of Human Rights case, Members of José Alvéar Restrepo Lawyers Collective v. Colombia, Case No Nomination of Lawyers' Rights Watch Canada for the 2013 Allard Prize 2

3 (CERD) on missing Aboriginal women 6 ; and an amicus brief to the Inter-American Commission on Human Rights (IACHR) on indigenous peoples treaty rights. 7 Concerns about judicial independence in several countries have resulted in letters, statements, reports, written and oral communications, 8 and reports to UN bodies. Participation in the UN human rights system: LRWC advances Allard Prize goals by: providing written and oral communications and reports to UN human rights bodies; attending sessions of the UNHRC; meeting with UN and State officials; advancing resolutions; and holding UNHRC side events in Geneva. LRWC contributed to the reinstatement of judges and withdrawal of emergency measures in Pakistan through written 9 and oral statements to the UNHRC and many joint statements. In response to ongoing violations of internationally protected rights of Omar Khadr, LRWC s advocacy for accountability and the rule of law included letters and communications to UN bodies. A joint report to the UN Committee against Torture resulted in recommendations that Canada repatriate Khadr and remedy the violations against him. LRWC contributed significantly to the adoption of a UNHRC resolution to ensure accountability and combat impunity in Sri Lanka. 10 Participation in the OAS: LRWC contributes to the Inter-American human rights system through amicus briefs (Canada, Mexico) in cases involving issues of accountability, transparency, and the rule of law. Legal Research: LRWC has taken leadership by conducting legal research on international law related to global concerns. In 2000, LRWC submitted a brief on sedition as part of a successful plea to withdraw charges against a lawyer in Malaysia. In 2006, research on emergency measures responded to human rights violations against lawyers in Syria. In 2009, research on State duties to investigate responded to extra-judicial killings in the Philippines. In 2012, LRWC produced a review of international law on the right to pretrial release in response to needs of NGOs working on behalf of an imprisoned lawyer in Turkey. 6 Filed by LRWC and BC CEDAW, a coalition of BC women s rights groups. 7 On the Merits of the Petition of the Hul qumi num Treaty Group Case No , Brief of Lawyers Rights Watch Canada as Amicus Curiae. 8 A statement on The Need for an Absolute and Non-derogable Right to Independent Courts, May 20, 2009, was filed by LRWC and the ALRC for consideration at the 11 th session of the UNHRC. The statement was endorsed The Dutch Lawyers for Lawyers Foundation, the Pro-Labor Legal Assistance Center (Philippines), the International Association of Democratic Lawyers, the International Civil Liberties Monitoring Group, and the National Lawyers Guild. A formal Communication for Consideration and Action Re: Judge Baltasar Garzón, was submitted on May 20, 2010 to six UN Special Rapporteurs and Working Groups jointly by LRWC, the European Center for Constitutional and Human Rights, the ALRC, LWBC, the Center for Constitutional Rights, The International Federation for Human Rights (FIDH) and the World Organisation Against Torture (OMCT) within the framework of their joint programme the Observatory for the Protection of Human Rights Defenders, the National Lawyers Guild, and the International Association of Democratic Lawyers. 9 The Statement by LRWC to the 7th Session of the UNHRC regarding unlawful emergency measures in Pakistan, February 2008, was endorsed by 18 NGOs and lawyers groups including the Law Society of Upper Canada. 10 Promoting Reconciliation and Accountability in Sri Lanka, A/HRC/19/L.2, adopted 22 March 2012, by the 19 th session of the UNHRC. Nomination of Lawyers' Rights Watch Canada for the 2013 Allard Prize 3

4 Education: LRWC has taken leadership by conducting research on, and providing free access to, international human rights education and training (IHRET) within and outside Canada. In the face of mounting attacks on rights in the name of national security and development, international human rights law is increasingly viewed as the key to maintaining rule of law principles. LRWC serves growing needs by working with NGOs, universities, and libraries to provide IHRET on topics of urgent concern and general application. Wider access is provided through production of videotapes for re-broadcast and online posting and distribution of online newsletters, annual reports, and other publications. In 2012, LRWC produced a guide to State duties to ensure IHRET. LRWC commitment to Allard Prize Criteria Courage: LRWC members face various actual and potential personal costs. Possible risks to personal safety are part of in-country work. Risks to reputation are accepted as a cost of advocating in unpopular causes. LRWC and some of its members have experienced threats, media criticism, and online vilification for promoting unpopular causes. Leadership: Leadership is an outstanding hallmark of LRWC s work. LRWC founders demonstrated leadership in establishing Canada s first lawyers NGO dedicated to promoting international advocacy rights and the rule of law, through research, education, and cooperation. In recognition of LRWC leadership, NGOs regularly endorse LRWC communications, work in partnership with LRWC, and seek LRWC input. LRWC is now becoming a go-to NGO because of its reputation for effective identification, research, education, and advocacy on international human rights issues involving corruption, impunity, secrecy, and rule of law violations. Anti-Corruption: LRWC research, education, and advocacy promotes adherence to international human rights obligations as well as reform of laws and policies that contravene those standards. Work that elucidates and seeks constraint of abuses of power includes letters regarding advocates under threat (e.g. Burma, Cambodia, China, Haiti, Iran, Mexico, and Turkey) and submissions to international monitoring bodies (Sri Lanka, China, Turkey). Transparency: Transparency in law making and enforcement systems is integral to the rule of law. LRWC promotes transparency by calling for reform of laws drafted without transparency (e.g. Cambodia, 11 Bangladesh, Russia, Canada 12 ). LWRC promotes transparency and the right to truth by advocating proper investigation and remediation of wrongdoing by government agents (e.g. Philippines 13, Mexico, Spain, Colombia) and adherence to international transparency norms in detention and trial (Syria). 11 This campaign, which was conducted in partnership with the Canadian Centre for Law and Democracy and in concert with at least 11 other NGOs, resulted in Cambodia s withdrawal ofthe draft law and commitment to consultation with civil society on future drafts. 12 Submission to the 16th Session of the Universal Periodic Review on the State of Freedom of Expression in Canada, Oct. 2012, from LRWC, the Canadian Centre for Law and Democracy, PEN Canada, Canadian Journalists for Free Expression, and BC Freedom of Information and Privacy Association. 13 This successful campaign by LRWC and other NGOs regarding 43 arbitrarily detained health care workers resulted in withdrawal of charges against and the release of all but three. LRWC work included letters and statements, media interviews, traveling to the Philippines to meet with lawyers and the detained health care workers and communications with UN and Philippine government officials. Nomination of Lawyers' Rights Watch Canada for the 2013 Allard Prize 4

5 Accountability: Accountability is at the core of all LRWC work. Accountability is advanced through calls for proper investigations and remedies, in-country investigations (e.g. Colombia, Mexico), research (e.g. manuals on State duties to investigate), and UN and OAS interventions. Rule of Law: The preservation and enhancement of the rule of law informs all LRWC work, including letters, reports, legal research, education programs, and communications with UN and OAS human rights systems. LRWC has demonstrated leadership in promoting understanding about the rule of law and the right and duty to insist on adherence. LRWC would be proud to receive the Allard Prize. The endorsers would be pleased to meet with the Allard Foundation. Thank you. Kindest regards, Gail Davidson, Executive Director, LRWC Nomination of Lawyers' Rights Watch Canada for the 2013 Allard Prize 5