Ithas neverbeen deadlier to take a stand against companies that steal landand destroy the environment. Our new report Defenders of the Earth found that nearly four people were murdered everyweek in 2016 protecting their land and the natural world from industries likemining, logging and agribusiness.
This report tells the stories of countless people like Jakeline as they stand up to the might of multinationals, paramilitaries and even their own governments in the most dangerous countries on earth to be a defender. It also analyses why they are facing increased threats, and explores what can be done to keep activists safe.
Nicaragua is beginning to rival that dubious record. Aninter-oceanic canal is set to slice the country in two, threatening massdisplacement, social unrest and the violent suppression of those who standagainst it. A voracious mining industry makes the Philippines stand out for killings in Asia.
It isincreasingly clear that, globally, governments and business are failing in theirduty to protect activists at risk. They are permitting a level of impunity thatallows the vast majority of perpetrators to walk free, emboldening would-beassassins. Investors, including development banks, are fueling the violence bybacking projects that harm the environment and trample human rights.
Ironically, itis the activists themselves who are painted as criminals, facing trumped-upcriminal charges and aggressive civil cases brought by governments andcompanies seeking to silence them. This criminalisation is used to intimidatedefenders, tarnish their reputations and lock them into costly legal battles.
NIJC's Defenders Initiative responds to email inquiries from criminal defense attorneys who have questions regarding potential immigration consequences that their immigrant defendant clients may face. Email
defe...@immigrantjustice.org to contact the Defenders Initiative to schedule a training or ask a question about how your client's criminal case may impact his or her immigration status.
Illinois defense attorneys may also reference our Brief Guide to Representing Noncitizen Criminal Defendants in Illinois, produced by NIJC and the Edwin F. Mandel Legal Aid Clinic at University of Chicago Law School with support from the Illinois Access to Justice Program.
UNEP's Defenders Policy promotes greater protection for individuals and groups who are defending their environmental rights, and identifies solutions to mitigate the abuse of environmental rights which affects a growing number of people in many parts of the world.
UNEP seeks to support the upholding of environmental rights, and oppose the growing wave of violence against environmental defenders as well as the prevailing impunity with which these acts are being committed.
The Sixth Amendment to the United States Constitution guarantees an accused the right to representation by counsel in serious criminal prosecutions. The responsibility for appointing counsel in federal criminal proceedings for those unable to bear the cost of representation has historically rested in the federal judiciary. Before the enactment of the Criminal Justice Act (CJA), however, there was no authority to compensate appointed counsel for their services or litigation expenses, and federal judges depended on the professional obligation of lawyers to provide pro bono publico representation to defendants unable to retain counsel.
In 1964, the CJA was enacted to establish a comprehensive system for appointing and compensating lawyers to represent defendants financially unable to retain counsel in federal criminal proceedings. The CJA authorized reimbursement of reasonable out-of-pocket expenses and payment of expert and investigative services necessary for an adequate defense. While it provided for some compensation for appointed counsel (CJA panel attorneys), it did so at rates substantially below that which they would receive from their privately-retained clients.
In 1970, the CJA was amended to authorize districts to establish federal defender organizations as counterparts to federal prosecutors in U.S. Attorneys Offices and an institutional resource for providing defense counsel in those districts (or combinations of adjacent districts) where at least 200 persons annually require appointment of counsel.
Today, there are 82 authorized federal defender organizations. They employ more than 3,700 lawyers, investigators, paralegals, and support personnel and serve 92 of the 94 federal judicial districts. There are two types of federal defender organizations: federal public defender organizations and community defender organizations.
Federal defender organizations, together with the more than 12,000 private "panel attorneys" who accept CJA assignments annually, represent the vast majority of individuals who are prosecuted in our nation's federal courts. CJA panel attorneys accept appointments in all CJA cases in the four districts not served by a federal defender organization. In those districts with a defender organization, panel attorneys are typically assigned between 30 percent and 40 percent of the CJA cases, generally those where a conflict of interest or some other factor precludes federal defender representation. Nationwide, federal defenders receive approximately 60 percent of CJA appointments, and the remaining 40 percent are assigned to the CJA panel.
Federal public defender organizations are federal entities, and their staffs are federal employees. The chief federal public defender is appointed to a four-year term by the court of appeals of the circuit in which the organization is located. The Congress placed this appointment authority in the court of appeals rather than the district court in order to insulate, as best as possible, the federal public defender from the involvement of the court before which the defender principally practices.
Community defender organizations are non-profit defense counsel organizations incorporated under state laws. When designated in the CJA plan for the district in which they operate, community defender organizations receive initial and sustaining grants from the federal judiciary to fund their operations. Community defender organizations operate under the supervision of a board of directors and may be a branch or division of a parent non-profit legal services corporation that provides representation to the poor in state, county, and municipal courts.
The Judicial Conference of the United States promulgates policies and guidelines for the administration of the CJA, formulates legislative recommendations to the Congress, and approves funding requests and spending plans for the defender program as a whole and, through its standing Committee on Defender Services, budgets and grants for each defender organization. The policies and procedures of the Judicial Conference for the operation of the CJA are set forth in its Guidelines for Administering the CJA and Related Statutes.
Acting under the supervision and direction of the Judicial Conference, the Administrative Office of the United States Courts oversees the expenditure of funds appropriated by Congress; administers the federal defender and panel attorney program on a national basis; is responsible for training related to furnishing representation under the CJA; and provides legal, policy, management, and fiscal advice to the Conference and its committees, judges, defenders and their staffs, and panel attorneys. Program support for the CJA is provided by the Defender Services Office of the Administrative Office of the United States Courts.
To learn how to apply to the CJA panel in your district, speak to a CJA panel attorney or visit the website of the local federal district court or federal defender organization. Find additional CJA attorney resources.
The Department of Public Advocacy believes that in order to ensure client-centered representation, all defenders must have strong support. Our Education and Strategic Planning Branch provides a number of resources for defenders both within and outside the agency. Below is a listing of available materials to help defenders master advocacy skills and stay up to date on changes in the law.
Alongside its core work providing a platform for Human Rights advocates, the Resource Centre runs several focused programme areas and regularly releases briefings and reports on areas of particular interest.
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Explore this tracker to find companies with policy commitments to support human rights defenders (HRDs) and/or prohibit retaliation against third party stakeholders raising concerns related to company operations, supply chains, or business relationships.
The Resource Centre collects data on attacks on defenders that are targeted because they raise concerns about business sectors and operations. Collecting data about attacks on defenders is important in order to analyse patterns of violence, identify at-risk business sectors and geographic areas, and provide support to targeted individuals and groups.
From fighting deforestation and illegal mining in the Amazon to raising concerns about the impacts of megaprojects in Mexico and protecting sacred Indigenous sites in Nicaragua, communities, workers and individuals are courageously protecting their rights and environments across Latin America and the Caribbean. Unfortunately, in doing this important work, they face significant risks. Latin America and the Caribbean is one of the most dangerous regions in the world for human rights defenders (HRDs). Between January 2015 and December 2022 (inclusive), we identified nearly 2,000 attacks against HRDs in Latin America and the Caribbean, representing 42% of total attacks (4,700) recorded worldwide.
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