Australian Law Reform Commission’s Post

Protecting Hong Kong: Controversial Law Threatens Freedom and Autonomy #onecountry #Chinajurisdiction #civilsocietygroups #extradition #freedomofexpression #freedomofspeech #governmentproposal #HongKongautonomy #HongKongnationalsecuritylaw #nationalsecurity #peacefulassembly #politicaldissidents #publicconsultation #ruleoflaw #stability #twosystems

Protecting Hong Kong: Controversial Law Threatens Freedom and Autonomy #onecountry #Chinajurisdiction #civilsocietygroups #extradition #freedomofexpression #freedomofspeech #governmentproposal #HongKongautonomy #HongKongnationalsecuritylaw #nationalsecurity #peacefulassembly #politicaldissidents #publicconsultation #ruleoflaw #stability #twosystems

What will the current Govt of Pakistan do?

Democratization Policy Council's X (the platform formerly known as Twitter) post on the new #BosniaandHerzegovina High Judicial and Prosecutorial Council (HJPC) draft Law in blog format. Our handle is @DPC_global The upshot is that the resulting draft is below the standards to ensure integrity and professionalism in the administration of justice in Bosnia - and the EU, which clearly knew better, signed off on it to get a deliverable in the hope of gaining a decision to open membership talks. Thus continues the long-running faking of progress on both sides of the equation - by the BiH ruling parties and the EU institutions - each for their own purposes. https://lnkd.in/g4cyxMnW

The Beijing-controlled Legislative Council in Hong Kong passed a new security law yesterday that eliminates the last vestiges of fundamental freedoms in the city. The Safeguarding National Security Ordinance punishes peaceful speech & civil society activism with heavy prison sentences, expands police powers, & weakens due process rights. Because provisions apply to Hong Kong residents and businesses anywhere in the world, the law can silence dissent both in the city & globally. Read Human Rights Watch's legal analysis of the new law to understand why this new security law will usher Hong Kong into a new era of broad-based oppression. https://lnkd.in/gaAz--RV

Since Aleksandr Lukashenko’s rise to power in 1994, Belarus has witnessed a complete erosion of judicial independence and the rule of law. The situation worsened after the 2020 presidential election and a brutal crackdown on dissent. Defense lawyers like Natallya Matskevich, who once stood as pillars of justice, now face severe repression. Legal amendments have enabled the government to revoke lawyers’ licenses if they dissent, effectively silencing critical voices. The post-2020 era has seen judges like Alexey Patsko resign due to direct government pressure to rule against pro-democracy protesters. This marks a stark shift from earlier, more subtle influences on the judiciary. Trials in Belarus have become government spectacles, with judges and prosecutors losing their integrity. The legal system is now a tool for state repression, rushing through cases without proper investigation. Political dissidents face long sentences, often more severe than those for violent crimes. This trend indicates a judiciary operating under government directives to suppress opposition. HRF stands with defense lawyers like Matskevich, who play a vital role in shaping historical narratives and defending human rights. Though increasingly difficult, their work remains a beacon of hope in a repressive regime. https://lnkd.in/gwHRgXw8

International human rights lawyer, Sheila Paylan speaks on "Nagorno-Karabakh: Mounting Cases of Azerbaijani Human Rights Violations". Additional to what Paylan overviews as facts and law, there is the Republic of Artsakh's right to self-determination which it exercised on 10 December 1991. The right of self-determination, an international law principle, is in the mix and should never be unstated. Also commonly unstated is that it is expedient for ruling elites, in the club of nation-states that form the United Nations, to close the door to their club's membership for any newcomers. That is particularly evident in the operations of the UN Security Council. Let the UN have the last word in a quote from decades ago when the self-determination of former colonies and oppressed peoples was more commonly respected: “By virtue of the principle of equal rights and self-determination of peoples enshrined in the Charter of the United Nations, all peoples have the right freely to determine, without external interference, their political status and to pursue their economic, social and cultural development, and every State has the duty to respect this right in accordance with the provisions of the Charter.” Source: The United Nations General Assembly Resolution 2625 (XXV): Declaration of Principles of International Law Concerning Friendly Relations and Co-operation Among States in Accordance with the Charter of the United Nations, 24 October 1970.

This article contains a great explanation of the erga omnes partes doctrine, the legal standing on which South Africa is trying to bring its case on Gaza against Israel, or how the Gambia filed its case against Myanmar previously.

Hong Kong's Legislative Council passed a new national security bill, known as Article 23, giving rise to fears it could be used to eliminate dissent and restrict free speech through the fear of arrest and detention. Article 23 punishes offences including treason, sabotage, sedition, the theft of state secrets, external interference and espionage with sentences ranging from several years to life imprisonment. The law is seen by some as vague and could be used to silence foreigners and reporters. Amnesty International’s China Director Sarah Brooks worried that the new crime broadly defined as “external interference" could lead to the prosecution of activists who interacted with overseas individuals or organizations and be “framed as ‘endangering national security.'" The law also authorizes stiffer measures against suspects in national security cases: Police can apply to the court to extend detention without charges and prohibit suspects from consulting certain legal representatives. Some legal scholars and rights advocates say this would undermine due process. The new law requires Chinese citizens to report to authorities if they know others are committing treason. Failure to report could be penalized by up to 14 years in prison. Ronny Tong, an adviser to the city leader, has said religious professionals are not exempt, even if they heard about the acts during confession.

This is an important consideration when analyzing the impact of international human rights organizations on legal reforms in Pakistan. While these organizations may have influenced certain changes, such as the Muslim Family Law Ordinance of 1961, the interpretation and implementation of these reforms should be grounded in the Islamic and cultural framework of the country, rather than solely based on Western conceptions of rights and interests.