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Written by Rafał Mańko (1st edition).

On 1 December 2021, the European Commission tabled a proposal for a horizontal regulation on digitalisation of judicial cooperation and access to justice, intended to apply to both civil and criminal proceedings of a cross-border nature within the EU. It would supplement horizontally, rather than replace, existing rules on the digital delivery of documents, digital hearings and other uses of information technology (IT) for cross-border judicial cooperation. In principle, Member States’ competent judicial or other authorities would be under a duty to use digital channels of communication, whereas for individuals, the use of such channels would be optional.

In the European Parliament, the Committee on Legal Affairs (JURI) and the Committee on Civil Liberty, Justice and Home Affairs (LIBE) are dealing jointly (Rule 58) with the proposal. On 14 October 2022, the co-rapporteurs presented their draft report. In the Council, the proposal has been examined by the e-Justice working party.

On 30 June 2022, the Council Presidency summarised the working party’s preliminary findings in a document circulated to Member States’ delegations, with view to continuing work at the political level.

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• December 2022: Digitalising cross-border judicial cooperation (1st edition)

Proposal for a regulation of the European Parliament and of the Council on the digitalisation of judicial cooperation and access to justice in cross-border civil, commercial and criminal matters, and amending certain acts in the field of judicial cooperation Committees responsible:Legal Affairs (JURI) and Civil Liberties, Justice and Home Affairs (LIBE)COM(2021) 759
1.12.2021Co-rapporteurs:Emil Radev (EPP, Bulgaria) and Marina Kaljurand (S&D, Estonia)2021/0394(COD)Shadow rapporteurs:For LIBE: Nuno Melo, Maria-Manuel Leitão‑Marques, Fabienne Keller, Yana Toom, Gwendoline Delbos-Corfield, Patryk Jaki, Kosma Złotowski, Clare Daly, Emmanuel MaurelOrdinary legislative procedure (COD)
(Parliament and Council on equal footing
– formerly ‘co-decision’) Next steps expected: Adoption of joint committee report

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Europa Kompakt ist der morgendliche Newsletter von EURACTIV.

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Credit: United Nations
 
ESSENTIAL FUTURE STEPS FORWARD FOR COPs PROCESS

By Anwarul K. Chowdhury
NEW YORK, Dec 14 2022 (IPS)

As COP27 was coming to a close, the leader of the Youth Constayituency of UNFCCC declared in an emotion-choked voice that “Incredible young people from the global North and the global South are standing together in solidarity asking for action. We need to look for more than hope. We need those in power to actually listen and implement the solutions”.

Action for implementation is the clarion call of the younger generation to tod’s decision-makers. It would be prudent to listen to the future decision-makers in the best interest our people and planet.

SDGs, G20 & GOAL 5 ON GENDER EQUALITY:

First, G20 Declaration last month in Bali, Indonesia resolved, “We will demonstrate leadership and take collective actions to implement the 2030 Agenda for Sustainable Development and accelerate the achievement of the SDGs by 2030 and address developmental challenges by reinvigorating a more inclusive multilateralism and reform aimed at implementing the 2030 Agenda.”

Ambassador Anwarul K. Chowdhury

As we get energized by this commitment of the G20 leadership, a sobering UN Women 2022 research report tells us that the world is not on track to achieve Sustainable Development Goal 5 – in fact it is almost 300 years off. Our planet absolutely require the full and equal participation of women and girls, in all their diversity.

Without gender equality, there is no climate justice. Gender equality is the crucial missing link in the achievement of the 2030 Agenda and the Sustainable Development Goals, in particular Goal 5. Let us always be deliberate and consistent in ensuring space for young women and girls who have been leading global and national climate movements.

Only an estimated 0.01 per cent of global official development assistance addresses both climate change and women’s rights. The necessary structural measures require intentional, meaningful global investments that respond to the climate crisis and support women’s organizations and programmes. Astonishingly, less than 1 percent of international philanthropy goes to women’s environmental initiatives. That must change.

IGNORANCE OF WOMEN’S CONTRIBUTION:

Second, activists express frustration saying that “Gender is still largely seen as an isolated issue that is discussed in a room away from the main debates about mitigation, financing, and technology. Thus, it does not appear to be an issue integrated within the intersecting policies of different ministries.

This reinforces the ignorant notion that women in all their diversity are neither key actors nor agents of change but merely victims of the climate crisis.” That mindset should go as it results in the continuation of patriarchal hegemony.

Women’s and girl’s full and equal participation in decision-making processes is a top priority in the fight against climate change. Without gender equality today, a sustainable, more equal future remains beyond our reach. Give power and platforms to the next generation of Earth champions. As has been said recently, “Our best counter-measure to the threat multiplier of climate change is the benefit multiplier of gender equality.”

COPs ARE NOT FOR FOSSIL FUEL LOBBY:

Third, the current process continues to fail to meet the urgency and clarity of purpose that science and experience are calling for—a full-scale, just, equitable and gender-just transition away from a fossil fuel based extractive economy to a care and social protection centered regenerative economy.

Globally, for every $1 spent to support renewable energy, another $6 are spent on fossil fuel subsidies. These subsidies are intended to protect companies and consumers from fluctuating fuel prices, but what they actually do is keep dirty energy companies very profitable. We are subsidizing the very behavior that is destroying our planet.

The UN should not allow future COPs to be an open platform for the presence of the fossil fuel lobby. Concrete action is needed to stop the toxic practices of the fossil fuel industry that is causing more damage to the climate than any other industry.

CHILDREN & YOUTH ‘RECOGNISED’ AS AGENTS OF CHANGE:

Fourth, the full impact of climate change on kids is becoming clearer and more alarming. Children’s developing brains and growing bodies make them particularly vulnerable. The very experience of childhood is at risk. Research reports concluded that with the increasing frequency and severity of climate crisis, young children are at risk of severe trauma during the period of life when neural connections in the brain are forming and susceptible to disruption. Reports found that “This trauma can have lifelong impacts on learning, health, and the ability to form meaningful relationships.”

Bearing this in mind, a much-needed step was taken at COP27 by recognizing “the role of children and youth as agents of change in addressing and responding to climate change”. It also encouraged “Parties to include children and youth in their processes for designing and implementing climate policy and action, and, as appropriate, to consider including young representatives and negotiators into their national delegations, recognizing the importance of intergenerational equity and maintaining the stability of the climate system for future generations.”

The decision expressed appreciation to COP27 Presidency “for its leadership in promoting the full, meaningful and equal participation of children and youth, including by co-organizing the first youth-led climate forum (the Sharm el-Sheikh youth climate dialogue), hosting the first children and youth pavilion and appointing the first youth envoy of a Presidency of the Conference of the Parties and encourages future incoming Presidencies of the Conference of the Parties to consider doing the same.” It would be more meaningful if the hard-headed negotiators and fossil-fuel lobby were exposed to the children and youth events at the main conference hall at COP27. Hopefully COP28 would arrange for that to happen.

HUMAN RIGHT TO A CLEAN, HEALTHY, AND SUSTAINABLE ENVIRONMENT:

Fifth, another positive outcome at COP27 is the first multilateral environmental agreement to include an explicit reference to the human right to a clean, healthy, and sustainable environment. This should open a path for this right to be recognized across all environmental governance and also codified by the United Nations.

STRONG CIVIL SOCIETY PARTICIPATION NEEDED:

Sixth, key civil society leaders were critical of their exclusion complaining that “Observers were consistently locked out of the negotiation rooms for a repeated ‘lack of sitting space’ excuse … We have also witnessed painful orchestration of last-minute decisions with few Parties.” They alerted the organizers and hosts of future COPs by saying that “This needs to be called out and ended.”

Strong civil society organizations are a critical counterbalance to powerful state and corporate actors. They help to keep governments accountable to the people they are meant to serve –– both key to climate action that prioritizes the wellbeing of people and planet.

ECOFEMINISM IS THE WAY AHEAD:

Seventh, bringing together feminism and environmentalism, ecofeminism argues that the domination of women and the degradation of the environment are consequences of patriarchy and capitalism. Ecofeminism uses an intersectional feminist approach when striving to abolish structural obstacles that prevent women and girls from enjoying equal and livable planet. This is a smart and inclusive policy not only for women, but for the humankind as a whole.

Vandana Shiva, one of the world’s most prominent ecofeminist, propounds, “We are either going to have a future where women lead the way to make peace with the Earth or we are not going to have a human future at all.” Any strategy to address one must take into account its impact on the other so that women’s equality should not be achieved at the expense of worsening the environment, and neither should environmental improvements be gained at the expense of women. Indeed, ecofeminism proposes that only by reversing current values, thereby privileging care and cooperation over more aggressive and dominating behaviors, can both society and environment benefit.

FOOD FOR RETHINKING: ELITIST MULTILATERISM CANNOT DELIVER:

Civil society representatives at COP27 verbalized their anger by announcing that “Even as we call out the hypocrisy, inaction and injustice of this space, as civil society and movements connected in the fight for climate justice, we refuse to cede the space of multilateralism to short-sighted politicians and fossil-fuel driven corporate interests.”

Patricia Wattimena of Asia Pacific Forum on Women, Law and Development pushes the point further to say, “We can’t keep on negotiating people’s rights at global climate talks. The rich must stop commodifying our rights especially women’s human rights and start paying for their ecological debt.”

With the 2030 deadline for SDGs knocking at the door, the call in the Bali G-20 Summit declaration for “inclusive multilateralism” is a timely alert to realise that current form of multilateralism dominated by rich and powerful countries and well-organized vested interests, on most occasions working with co-aligned objectives, cannot deliver the world we want for all. That elitist multilateralism has failed.

Minimalistic, divisive, dismissive, and arrogant multilateralism that we are experiencing now gives honest multilateralism a bad name. Multilateralism has become a sneaky slogan under which each country is hiding their narrow self-interest to the detriment of global humanity’s best interest. It is a sad reality that these days negotiators play “politicking and wordsmithing” at the cost of substance and action.

Multilateralism – as we are experiencing now – clearly shows it has lost its soul and objectivity. There is no genuine engagement, no honest desire to mutually accommodate and no willingness to rise above narrow self-interest-triggered agenda. It has become a one-way street, a mono-directional pathway for the rich and powerful. Today’s multilateralism needs redefining!

IPS UN Bureau

 

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Excerpt:

The writer is former Under-Secretary-General and High Representative of the United Nations, former Ambassador of Bangladesh to the UN and former President of the Security Council.

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India’s new Chief Justice, Dhananjaya Y Chandrachud has significant challenges ahead as activists hope he will continue with his legacy. Credit: Subhashish Panigrahi and Charmanderrulez

By Mehru Jaffer
Lucknow, Dec 14 2022 (IPS)

India’s new Chief Justice, Dhananjaya Y Chandrachud, has a significant challenge ahead – as activists and minorities remain hopeful that he will remain true to his legacy of delivering judgments that enshrined the Constitution, especially on personal liberty.

Sanjay Kapoor, founder editor of Hardnews Magazine and political analyst told the IPS that many of the rulings by Indian courts in recent times have been deeply disturbing.

“In the name of national security, draconian laws are evoked to curb personal liberty. Journalists and activists have been arrested and locked away under anti-terror law without evidence,” said Kapoor.

He gave the example of Siddique Kappan, who has remained in jail for more than two years for unknown reasons. Kappan got bail from the Supreme Court, but anti-money laundering laws were immediately slapped upon him to ensure that he remained in prison.

Kapoor’s main concern is the undermining of courts by the government, which is sure to weaken institutions and harm democracy in India.

Meanwhile, the CJI also warned that he was not here to do miracles.

“I know that challenges are high; perhaps the expectations are also high, and I am deeply grateful for your sense of faith, but I am not here to do miracles,” Chandrachud said after his appointment.

The challenges facing the judiciary include a backlog of cases, delays in appointing Supreme Court judges, and significant inconsistencies in judicial approaches.

Soon after Chandrachud took oath on November 9, Chandrachud expressed concern over the long list of requests before the Supreme Court for bail. He said that district judges are reluctant to grant bail in a fair manner out of fear of being targeted.

Activists say that this is the same reason that media personnel, political opponents, and social activists are languishing behind bars without bail today.

Activist Teesta Setalvad was arrested in June 2021, and her bail plea was only accepted three months later when she was finally released. There are others, like student leader Umar Khalid, who has languished in jail for more than two years.

The judicial system in India is under tremendous pressure. Until last May, countless cases were pending in courts across different levels of the judiciary. Many of the cases were pending in subordinate courts, a large percent in High Courts, while a hundred thousand cases have been pending for over 30 years. Amid the rising trend of litigation, more and more people and organisations seek justice from courts today. However, there are not enough judges to hear the cases. The courts are overburdened, and the backlog of cases is intimidating.

The reluctance to grant bail to especially political opponents has only aggravated the matter. Most recently, Sanjay Raut, senior opposition party leader, said that he had lost 10 kgs while in prison. The legislature was accused of money laundering. He was in jail for 100 days before bail was granted to him in November. He was kept in a dark cell where he did not see sunlight for 15 days.

Raut said that he would not have been arrested if he had surrendered to the will of the ruling party and remained a mute spectator to the politics of the day. He wondered if only those who oppose the politics of the ruling party would continue to be arrested.

The use of the justice system as a political tool and reluctance to grant bail at the district level has clogged the higher judiciary with far too many cases.

“The reason why the higher judiciary is being flooded with bail applications is because of the reluctance of the grassroots to grant bail, and why are judges reluctant to grant bail not because they do not have the ability to understand the crime. They probably understand the crime better than many of the higher court judges because they know what crime is there at the grassroots in the districts, but there is a sense of fear that if I grant bail, will someone target me tomorrow on the ground that I granted bail in a heinous case. This sense of fear nobody talks about but, which we must confront because unless we do, we are going to render our district courts toothless and our higher courts dysfunctional,” Chandrachud said at an event hosted by the Bar Council of India last week to felicitate his appointment as the country’s 50th CJI.

The Supreme Court of India is perhaps the most powerful Court in the world. However, in recent times the judiciary has been criticised for its uneven handling of cases. It is under scrutiny over contradictions found in its functioning. The fact that a former CJI accepted a seat in the upper house of parliament soon after his retirement two years ago had raised eyebrows.

The judiciary’s perceived deference to the present government is a major concern, including the ongoing arrest of political opponents, and refusal to grant bail to those arrested is becoming the norm. On the other hand, ‘friends’ of the ruling party are allowed to get away with murder and rape.

The nation was shocked after a document was made public last October as proof that the premature release of 11 men convicted for the gang rape of Bilkis Bano and the killing of her family during the 2002 Gujarat riots was approved by the home ministry despite opposition by a special court. A Communist Party of India (Marxist) member Subhashini Ali, journalist Revati Laul and Professor Roop Rekha Verma together filed a public interest litigation (PIL) against a remission granted to 11 convicts who were released on August 15, India’s 75th Independence Day celebrations this year on account of good behaviour.

Bano was gang-raped along with 14 members of her family. Her 3-year-old daughter Saleha was killed by a mob in a village in the province of Gujarat as they fled communal violence in 2002. Bano was 19 years old and five months pregnant at that time. Shobha Gupta, the lawyer for Bano has battled for years for the rape survivor to get justice. Gupta told Barkha Dutt, a senior journalist, that she is shattered and unable to face Bano. That after the release of her rapists from custody, Bano is silent and feels alone.

Dutt had interviewed Bano 20 years ago. Today she wrote in her column that an unspeakable injustice is unfolding with brazen impunity. Its legality is dodgy. Dutt said, “Let’s raise hell”.

After the men who raped Bano and killed her child were freed, they were greeted outside the prison with sweets and garlands. This is the story of a very seriously ill nation, columnist Jawed Naqvi said.

“The nation that was baying for the execution of men who raped a young woman in a bus in Delhi in 2012 seemed deaf to Bilkis’s trauma,” Naqvi wrote. The executive has turned its back on Bano. The media is disinterested and civil society has been bullied into silence at a time when principles are passe for most politicians.”

So who will give justice to citizens like Bano?

The Supreme Court?

In a plea filed by Azam Khan last July, the opposition party leader pointed out a new trend amongst the high courts to impose unnecessary bail conditions. Khan said that a high court had ordered the politician to hand over allegedly encroached land as a condition for bail. The ruling was overturned.

Seeking justice these days is tough within the courts and outside.

The 74-year-old Khan has been behind bars since early 2020. Multiple charges have been slapped on him, including corruption, theft, and land grab, in an effort to make sure that he remains behind bars on some charge or the other. However, Khan was granted interim bail last May. A few months later, he was fined and has been sentenced to three more years in prison for a hate speech made in 2019. At that time, Khan was accused of blaming the Prime Minister for creating an atmosphere in the country in which it was difficult for Muslims, the largest minority community in India, to live.

A new report published by the USA-based NGO Council on Minority Rights in India (CMRI) and released on November 20 at New Delhi’s Press Club found that by helping offenders, detaining victims, and failing to register first information reports (FIR) in some cases, law enforcement agencies play a role in furthering hate crimes.

Discussing the legal aspects of persecution, lawyer Kawalpreet Kaur said that minorities are facing the brunt of the state to varying degrees. Cases of the pogrom against Muslims during the Delhi riots have been lying in the high court for the last two years.

“Indian courts need to keep their eyes and ears open; it is not a one-off case of Afree Fatima’s house bulldozed or when the stalls of working-class Muslims were razed in Delhi despite a stay from the court,” she said.

The lawyer called it an attack by the Indian state against its minorities and a campaign of misinformation and Islamophobia witnessed every day.

The release of the CMRI report comes at a time when numerous countries and organisations are calling upon India to take stock of the plight of its religious minorities.

Six international rights groups – the International Federation for Human Rights (FIDH), World Organisation Against Torture (OMCT), Christian Solidarity Worldwide (CSW), Inter­national Dalit Solidarity Network, Amnesty International, and Human Rights Watch have reminded New Delhi in a joint statement that it is yet to implement recommendations of a recent UN report on India which cover topics which include the protection of minorities and human rights defenders, upholding civil liberties, and more.

“The Indian government should promptly adopt and act on the recommendations that United Nations member states made at the UN Human Rights Council’s Universal Periodic Review process on November 10,” the joint statement read.

IPS UN Bureau Report

 

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