Tag: World Jurist

Sign the WJA Declaration on the Venezuelan Elections

The World Jurist Association presented an expert declaration written by more than 1,000 legal professionals from different countries denouncing that the December 6, 2020 parliamentary elections in Venezuela lack the necessary guarantees to be considered valid elections under the international law . According to this legal analysis, the elections, which have not been recognized by either the European Union or the Organization of American States, will be null and void.

(You may sign the Declaration HERE )

With this initiative, the WJA seeks to warn the world’s public opinion about Nicolas Maduro’s attempts to elect a new National Assembly through a call that does not meet the minimum democratic requirements. Today, after five years of disregard for the Assembly by an illegitimate executive, the elections convened will be held amidst evident signs of lack of transparency, and harassment towards the few unwelcomed candidates for the government. The signatories call attention to the fact that the Supreme Court of Justice, in contravention of the Constitution of the Bolivarian Republic of Venezuela, appointed the five directors of the National Electoral Council, thereby permitting them to modify the electoral laws at their discretion.

The accusation raised by the WJA bears the support of jurists of outstanding prestige and international recognition such as Álvaro Rodríguez Bereijo, President Emeritus of the Spanish Constitutional Court, and writer of the EU Charter of Fundamental Rights; Marie-Aimeé Peyron, President of the Paris Bar Association (2017-2019); Viviane Reding, Vice-President of the European Commission and Commissioner for Justice (2010-2014); Peter N. C. Umeadi, Professor and Justice Emeritus of the Anambra State Court, Nigeria; David Mills, Professor of Law at Stanford Law School; Augusto Trujillo, President of the Colombian Academy of Jurisprudence; and Katharina Miller, President of the European European Women Lawyers Association, among others. 

In like manner, Johann Kriegler, Justice of the Constitutional Court of South Africa until 2002, is a signatory to the document. Justice Kriegler was appointed in 1993 as Chairman of the Independent Electoral Commission, which conducted the first post-apartheid elections with real universal suffrage in his country. Nelson Mandela’s collaborator has stated, on the current Venezuelan process, that having seen how a dictatorship evolves towards democracy, today we are witnessing the steps taken by an old democracy towards the strengthening of a dictatorship. Kriegler is considered the world’s leading authority on electoral processes.

On the basis of the verified data and in the absence, in the upcoming Venezuelan elections, of the political and legal guarantees already outlined, which are necessary for an election to be regarded as free and democratic, the signatories of the Declaration hold that such elections are invalid and reject their celebration. Consequently, they hold that in order to guarantee the protection of human rights in the country, the legitimacy of the current Venezuelan National Assembly must be preserved until genuine free, inclusive and democratic elections are convened.

This declaration will be presented at the United Nations, the European Parliament and other International Institutions and Courts over the world to continue condemning this electoral fraud in Venezuela. Jurists from around the world are called to support the restoration of the Rule of Law in Venezuela. You may sign the Declaration HERE

READ THE WJA DECLARATION ON THE VENEZUELA ELECTIONS

To sign and support this Declaration CLICK HERE

LEA LA DECLARACIÓN DE LA WJA SOBRE LAS ELECCIONES VENEZUELA

Para firmar la Declaración CLIC HERE

Telework at the WLC Opening Session London

Inaugurated by the WJA President for UK, Christina Blacklaws, and Diego Solana, Coordinator of the World Law Congress Colombia 2021, the fifth Opening Session, celebrated from London on December 14, brought together Íñigo Sagardoy, Michael Burd, Renate Hornung-Draus, Daniel Funes de Rioja and Mbhazima Shilowa to discuss about teleworking.

Under the name “New ways of working and the future of work“, this new panel of dicussion focused on how current work trends should be regulated, the key factors for their transformation and the role each stakeholder should play in this field.

“In terms of work, this pandemic has changed everything, everywhere,” said Christina Blacklaws, President of WJA UK, immediate past President of the Law Society of England & Wales and President of Lawtech UK, who recognized that “we are now at the best possible moment to develop technological innovations that will change the way we deliver our services”. Blacklaws also shared data from a British study that “shows that the Covid-19 has accelerated the digital transformation by 5.3 years,” so that “we all know more about technology now than we did eight months ago”.

We are at the best time to learn technological innovations that will change the way we work

The debate began with the moderation of Iñigo Sagardoy, co-organizer of the event, president of Sagardoy Abogados and professor of labor law at the Universidad Francisco de Vitoria, who introduced the speakers after analyzing that “coronavirus has accelerated the transformation of organizations and we are at a turning point from which there will be significant regulatory changes in the ways in which companies are organized.

This scenario is confirmed by Renate Hornung-Draus, regional vice-president of the International Organization of Employers for Europe and Central Asia, who assured that “although the measures taken in most western countries to contain the pandemic have accelerated the digital transformation, they have also shown some deficits in the digital infrastructure, as well as its limits”. She advocates for a hybrid model of work with physical presence in the offices, in order to create corporate culture, but always respecting individual freedom. In this matter, she pointed out the difference between teleworking and mobile working, assuring that Germany has legislation on the former: “teleworking refers to a person working from home, it is at a distance, but in a fixed workplace; and it implies that there has to be an agreement between employee and employer by which the rules are respected”.

Michael Burd, head of the employment division at Lewis Silkim (London) and an expert in telework regulation, examined how labor regulation has evolved over the years: “what we see is that legislation and regulation are lagging behind the reality of work”, and acknowledged that “the feeling I have is that it has only increased with the evolution of technology, which is increasingly rapid, and has become more intense with the changes in work practices that have forced us all to change our way of working”. For this reason, and in the event that a worker remotely provides services from another country different from that of the company, he called for “legislation that contemplates key points, such as where to pay taxes, health insurance conditions, social security…” and concluded by recognizing “that local labor legislation in some cases complicates solving the global nature of this type of work”.

With regard to the regulation and negotiation of conditions, Daniel Funes de Rioja, vice president of the International Labor Organization and president of the Argentine Business Confederation, said that “unions must adapt to new realities and contemplate the changes from the perspective of the fourth industrial revolution, otherwise, if they continue thinking in terms of the second or third, technology will evolve without them and a gap will emerge”.

On this matter, Mbhazima Shilowa, former Secretary General of the Congress of South African Trade Unions and former Prime Minister of the South African province of Gauteng, set the current situation as a starting point “to find in the upcoming years better ways to combine different aspects such as, for example, the penetration of the Internet in all places”.

Social distance and flexibility are required, but this will not be possible without quickly resolving the social difference“.

Among the changes brought about by Covid-19, there is a debate about the vaccine and how it can affect workers’ relationship with their company. Michael Burd highlighted whether employers can demand their employees to be vaccinated or terminate them for not doing so.

Medical data is considered sensitive information and this will lead to searching for a balance between privacy and security for everyone… This is about protecting health at a collective level“.

The Opening Session London was the fifth preliminary session to the World Law Congress Colombia 2021, coinciding with the 30th anniversary of the Colombian constitution. Through the projection of an institutional video, the president of the host country, Ivan Duque, has committed to “continue promoting the strengthening of the rule of law as fertile ground to allow growth and welfare, development and freedom of citizens”.

FULL SESSION: https://youtu.be/Y8xKC8Xd4X4

SUMMARY SESSION: https://youtu.be/naGKYUREj_k