On April 19 and 20, 2024, at the EHU campus with the support of the Academic Department of Social Sciences, a conference of the “Lawyers for the Rule of Law” project was held. The second group of lawyers and legal professionals from the region successfully completed the project’s educational course cycle, and participants and colleagues met in Vilnius to summarize and share the results of their work.
We share information about the participants and partners of the Conference, its goals, news, and future plans.
First of all, it is worth talking about the project “Lawyers for the Rule of Law: Education and Professional Training.” This is a cycle of educational courses for practicing lawyers and human rights defenders. They focus on practical work with specific sections of international law: the human rights protection system in the UN, criminal law using the example of crimes against humanity. The courses also include in-depth work with professional ethical standards and self-regulation issues of lawyers’ associations. These courses are based on modern materials, particularly the upcoming Council of Europe’s Convention on the Profession of Lawyer, which aims to strengthen the legal profession for the realization of the right to defense. Participants from Belarus, Ukraine, Moldova, and Russia can attend — hence the topics related to international law and protection through international bodies in the context of the human rights crisis in the region.
The second cycle of training began in August 2023 and ended in April 2024. A total of 42 participants from 4 countries successfully completed the educational cycle and received certificates (this cycle included not only practicing lawyers and legal professionals but also several EHU students).
The course and subsequent Conference were organized by the following partners:
- The Center for Constitutionalism and Human Rights of the European Humanities University
- The International Partnership of Alumni and Experts International Law in Advocacy (ILIA)
- The Belarusian Human Rights Lawyers Association (BAHRL)
- The international organization Lawyers for Lawyers.
What goals did the Conference organizers set?
First of all, to share impressions of the educational courses, the applicability, and importance of the acquired knowledge. Also, to invite participants to further cooperation: to maintain connections gained during the training and join the professional community.
Thanks to the Courses, knowledge about advocacy and the connection with former lawyers from Belarus became more relevant. The motivation to join the Belarusian Human Rights Lawyers Association, which was reinforced during the Conference, emerged. Additionally, there was a strengthened desire to develop connections not only within the legal community but also with other democratically-oriented legal professionals who were or still are part of the judicial and law enforcement systems of Belarus and other East European countries.
- Igor Rynkevich, a graduate of the “Lawyers for the Rule of Law” course cycle, former lawyer.
The most important for me were the skills in appealing to UN bodies. The skills in navigating the site, the procedure, and the form of filing a complaint were very useful. In addition, it was very interesting to discuss the deontological norms of legal activity with participants and experts within the relevant course, as I regularly encounter them.
- Natalia Tsurkan, a lawyer from Moldova, a graduate of the second educational cycle of the “Lawyers for the Rule of Law” project.
Another major goal of the Conference was to support the interaction of the Association and lawyers from different countries and consolidate lawyers, including those deprived of the right to practice in their countries. For example, at a similar conference a year ago, the first independent association of human rights lawyers was created — the Belarusian Association of Human Rights Lawyers. Today, the Association closely interacts with many international institutions, such as the Council of Europe, as well as with professional lawyers’ associations from various countries.
Currently, the Association has 24 members, and their number is growing despite the fact that membership does not grant the right to practice in national jurisdictions. Since 2023, the Association prioritizes cooperation with governmental bodies and UN agencies, support for persecuted lawyers, work with the international community, and participation in international events. It is important to note the Association’s role as a pioneer in advocating for human rights within legal frameworks, especially in repressive regimes. The Association is involved in educational initiatives and international projects aimed at judicial reform. Additionally, the Association focuses on creating discussion platforms and supports exchange programs for practitioners in the field of human rights. Our activities extend to publishing analytical documents and commentaries, offering legal assistance in various forms, including issues related to migration processes. We maintain contact with international bodies, addressing legal compensation, the human rights standards crisis, and advocacy strategies.
- Maryia Kolesava-Hidzilina, PhD, President of the Belarusian Association of Human Rights Lawyers.
Therefore, the participation of colleagues from around the world representing various legal systems, professional lawyers’ associations, and international organizations was very important. It is worth mentioning that the main documents discussed by the participants were:
- Report of the UN Special Rapporteur Margaret Satterthwaite “The Promise of Providing Legal Rights to Establish Access to Justice for All.”
- Report “Legal Empowerment in Advancing Access to Justice for All” presenting the concept of legal empowerment and raising the relevant issue of the legal status of lawyers in exile providing assistance to their compatriots in forced emigration.
- Report by Jeremy McBride “The Legal Profession: A Study on the Feasibility of Adopting a New European Legal Instrument.”
- The upcoming Council of Europe Convention aimed at protecting professional lawyers.
Judith Lichtenberg (Lawyers for Lawyers, Netherlands) participated in the Conference and presented a document currently being developed by the Council of Europe to legally protect lawyers. In her speech, Judith emphasized the importance of collective efforts and solidarity among professionals to strengthen protection and support professional independence with the help of the developing convention.
Temur Shakirov (International Commission of Jurists) in his speech talked about the work of lawyers’ associations and especially the independence of such associations.
The legal framework should ensure lawyers’ ability to operate without undue interference, and associations should focus on protecting and educating their members, upholding ethical standards, and engaging in international cooperation.
- Temur Shakirov, International Commission of Jurists.
The work and role of lawyers’ associations in Poland were presented by a guest of the Conference, Helena Janjilik (lawyer of the Bialystok Bar Association, member of the European Association of Lawyers AEA-EAL).
The importance of independent lawyers’ associations was also discussed by Tony Fisher, who, as a member of the Council of Europe, shared information about the work on the convention.
The American Bar Association was represented by Jasmine D. Cameron.
I recently attended a meeting in Vienna organized by the OSCE, where we discussed the human rights crisis, particularly focusing on Belarus. I emphasized the importance of global support for lawyers and the value of horizontal connections to fulfill our common mission: to stop wars and protect people’s rights. As a member of the American Bar Association, which includes more than 400,000 members worldwide, I work on various projects at the Human Rights Center. One of the main programs focuses on supporting defenders in Europe and Eurasia, particularly in Ukraine and Russia. Our goal is to build networks among human rights lawyers to facilitate mutual assistance and share expertise, extending our efforts to regions like Central Asia.
- Jasmine D. Cameron, Esq., American Bar Association, Human Rights Center, Senior Consultant for Europe and Eurasia.
The presence of Judith Lichtenberg and Tony Fisher, as direct experts working with the document within the Council of Europe’s Expert Committee, as well as the participation of the UN Special Rapporteur on the Independence of Judges and Lawyers online, is a great honor for us and only underscores the relevance of the issues raised.
Continuing to talk about international cooperation, it is also worth mentioning the collaboration of lawyers in exile with colleagues in the countries where they have found themselves. A lot of work has been done in this direction by the Belarusian Human Rights House.
The educational direction of the Belarusian Human Rights House has been working since the establishment of the BHRH in 2007. Since then, several cycles of educational programs have been held under the auspices of the BHRH and at one time — in cooperation with EHU. Among our graduates are many well-known human rights lawyers. Almost all of them bravely and professionally defended human rights during the legal and political crisis in Belarus before and after the 2020 presidential elections, for which they faced repression — detentions, loss of status, and were forced to leave Belarus.
The Belarusian Human Rights House sees its task as maintaining the subjectivity of this professional community, developing its competencies, and preserving the potential of these valuable professionals for the future of Belarus. The BHRH supports their growth with educational project activities and tries to help develop the connections of Belarusian lawyers with colleagues abroad. Over the past year, we have organized and held several meetings: with the Lithuanian Bar Association, the Warsaw Bar Association, and representatives of another legal profession in Poland called radca prawny. On the platform of the “Lawyers for the Rule of Law” project courses, our lawyers communicate with colleagues from Moldova, with whom closer professional cooperation is also planned. Besides live communication, acquaintance, and understanding of opportunities for Belarusian lawyers to continue their professional careers in the countries to which they were forced to emigrate, these meetings provide answers to other questions our lawyers work on. For example, it is important for us to understand the path taken by the bar and the judicial system and legislation of neighboring countries from an authoritarian state to a democratic one. This allows us to take their experience into account when thinking about and designing future legal reforms — a task for which Belarusian lawyers and human rights defenders are now responsible.
- Natalia Matskevich, LL.M, Academic Coordinator of the “Lawyers for the Rule of Law” course cycle, Coordinator of Educational Programs of the Belarusian Human Rights House.
A separate topic for discussion was the new edition of the Law on the Legal Profession in the Republic of Lithuania. This Law allows professionals from other countries to participate in the work of bar associations, potentially providing colleagues from Ukraine and Belarus the opportunity to restore their right to practice and be integrated into the professional community of the host country. Comments and explanations regarding the Law were provided by a representative of the Lithuanian Bar Association, Paulius Griciunas.
The Conference also provided a platform for more informal communication between participants and guests. The second day was dedicated to working in small groups, brainstorming — to find new paths and ideas for the legal community under the current conditions.
It was very interesting for me to be part of the conference and to contribute to the productive discussion of the current situation in the participating countries and what common work and cooperation we can see among lawyers. Lawyers face a lot of threats and challenges, and in the near future, these threats will only increase. At the same time, the role of lawyers and an independent legal system is now more important than ever, and therefore it is especially necessary to support initiatives for independent quality training, cooperation, and community skill enhancement.
- Anna Dobrovolskaya, Systemic Solutions, human rights activist, volunteer at the Center for Constitutionalism and Human Rights, facilitator of the second day of the Conference.
The Conference is being held for the second time and brings together colleagues from around the world (USA, UK, Lithuania, Russia, Ukraine, Moldova, Belarus, the Netherlands, Poland, and more) representing international and regional organizations.
New ideas, new contacts, and new aspects of the legal profession’s right to practice will form the basis for further educational projects and joint work of the Center for Constitutionalism and Human Rights of the European Humanities University, the International Partnership of Alumni and Experts International Law in Advocacy (ILIA), the Belarusian Human Rights Lawyers Association (BAHRL), and other partners.