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MINUTES OF MEETING OF THE COUNCIL

INTERNATIONAL ASSOCIATION OF REFUGEE LAW JUDGES

MINUTES OF MEETING OF THE COUNCIL

Friday 12th August 2005
noon London


The meeting commenced at 12:00 noon, London time.

Attendances:
Present by teleconference: Justice Tony North (chair), Ema Aitken, Gaetan Cousineau, Paulah Dauns, Lois D. Figg, Rodger R. Haines, James Simeon, Walter Stoeckli, Paul Tiedemann, and Bernard Ngoepe

Present together in London and otherwise by teleconference: Allan Mackey, Katelijne Declerck, Sebastiaan de Groot. Eamonn Cahill and Liesbeth van de Meeberg (notes)

Apologies: Jean-Guy Fleury, Catriona Jarvis (sent a report by email. Unable to vote as did not receive information), Errera Roger (voted by email), Juha Rautiainen (voted by email), Hugo Storey (voted and sent a report by email), Sue Zelinka (reported to the president).

 

Minutes of Previous Meeting
The minutes of the Council meeting held in Stockholm on 23 April 2005 were confirmed.

Vote of Thanks
Justice Tony North thanked all those Council members who had submitted the reports in relation to the agenda items. This procedure was used to ensure that Committee members were fully informed and that the meeting could be conducted efficiently.

Agenda Items
Item 1 Formalisation of the Executive Committee (Report by Tony North attached)
Justice Tony North advised that twelve Council members had voted by email in favour of the resolution proposed in the report prior to the meeting.

One amendment was received by Paul Tiedemann (that the forum be by "telephone or videoconference" be added to the amendment). After discussion the amendment was retracted by Paul Tiedemann.

Resolved: That an Executive Committee is hereby established. That membership of the Committee is confirmed as follows:

Justice Tony North
Katelijne Declerck
Sebastiaan de Groot
Allan Mackey
Eamonn Cahill
Jacek Chlebny
Lois D. Figg
François Bernard
Jean-Guy Fleury
Gaetan Cousineau

That, subject to the constitution, the function of the Executive Committee is to undertake the day-to-day administration of the IARLJ.

That a quorum for a meeting of the Executive Committee is five members.

(Proposed - Haines / Seconded -Dauns)
Passed unanimously.


Item 2 Interim Report Treasurer (Report by Sebastiaan de Groot attached)
The meeting to finalise the Stockholm accounts with Erik Lempert was satisfactory. A small surplus of about 3.500 euro was achieved and the contribution made by the IARLJ to the conference is about 6.000 euro.
The remaining money will be refunded to us and all other costs therefore be paid.
Erik Lempert and the Swedish government were thanked and the Committee expressed its appreciation for the contribution that was given.
This report can be used for preparatory work for the Mexico conference.
The conclusions of the report might be very interesting for Lois Figg for planning the Mexico City World Conference, particularly in relation to the budget. When in Budapest those who can meet face to face could do some work at that point.

Resolved: The final report on the 6th World Conference will be forwarded to the members of Council.

In due course Lois Figg should consult with the Swedish people regarding this report and any suggestions for the planning of the Mexico City World Conference.


Item 3 Working Party Process Review (Report by James Simeon attached)

Resolved: That the recommendations of the review of IARLJ Inter-Conference Working Party in his report of July 2005, be adopted.

That James Simeon by appointed coordinator of the Inter-Conference Working Party Process and that Rapporteurs and Associate Rapporteurs be appointed to each of the IARLJ Working Parties, as recommended in the July 2005 report of the Inter-Conference Working Party Process.

(Proposed - Simeon / Seconded - Stoeckli)
Passed Unanimously


Item 4 Progress Report - Budapest Conference (Report by Eamonn Cahill attached)
Nothing to be added to the report. See item 10 (c) further details.


Item 5 Progress Report - Mexico City Conference (Report by Lois Figg attached)

Tony North said that he had tried to contact Miriam Morales but has been unable to connect with her. Lois Figg to follow up with her.

Lois Figg reported that the planning has been going extremely well with many good ideas being generated. Gaetan Cousineau to speak to the Chairperson of the IRB, Jean-Guy Fleury, to see whether arrangements could be made to send Lois Figg to the Budapest Conference to have a face-to-face meeting with members of Council and the Planning Committee with respect to the progress on the Mexico City World Conference planning. It was also suggested that some of the planning committee members should visit Mexico City to make personal contact with the local sponsors of the conference in order to introduce the IARLJ to them. Lois Figg suggested that a Council Meeting should be planned for early 2006 for an update on planning activities.

Tony North confirmed that he will be in Canada in January 2006 for a training seminar and Council meeting and that would be a convenient time to arrange the pre conference visit to Mexico City.


Item 6: Progress Report - Botswana / Malawi Project (Report by Ema Aitkin attached)
The invitation was circulated to Aust / NZ Chapter members but the response has been limited.
It was suggested that the invitation be circulated to all members of the association. Allan Mackey proposed to leave it to the Australasian/NZ chapter because it will be difficult for European people to get involved, as they are paid on a salary and pension basis.

Resolved: The invitation to participate in the Project be circulated to all IARLJ members.

Item 7: Progress Report - Establishment of Africa Chapter (Report by Catriona Jarvis attached)
Katelijne Declerck emphasized that there should be a more careful, diplomatic and realistic attitude especially in the light of past experiences.
It is premature to start talking about a World Conference in Africa.
There is still a lot of ground work to be done and specifically an African voice to do the coordination is strongly needed. Ahmed Arbee, who has pressed for the establishment of an African Chapter in the past, will not be available because his term has finished. The President is looking for a small committee to do the ground work. Catriona Jarvis who is in charge of the project should liase with Bernard Ngoepe to try and formulate a plan for the formation of a core group of interested African judges.

Item 8: Progress Report - Establishment of Position of Executive director (Report by Allan Mackey attached)
The drafting of a sub agreement between IARLJ and UNHCR is continuing. The job description is to be drafted by IARLJ. Hopefully interviews can be done in Budapest in order to have an executive director in position by October 2005.
Where this person is to be based can be discussed later. Since the Court in Haarlem, where the secretariat is located can provide the technical support, the Netherlands is to be considered as a base.
The most recent email sent by Jean-Paul Cavalieri on the subject will be forwarded to all Council members.

Item 9 Report - Possible contact with International Association for the Study of Forced Migration (Report by Gaetan Cousineau attached)
In April 2005 Gaetan Cousineau received the request for possible involvement of the IARLJ in preparation of the next conference of this body in 2006 in Toronto.
The lowest level of participation involves a call for papers from members of the IARLJ.
A higher level of participation would be for the IARLJ to arrange a panel discussion. More details are required.

Resolved: That Gaetan Cousineau indicate to the International Association for the Study of Forced Migration that the IARLJ is interested in cooperation in relation to the 10th Anniversary Conference of that association.

That Gaetan Cousineau develop a proposal for participation in consultation with members of the IARLJ and report back to the Council at the next meeting in Budapest.

 

Item 10: Chapter Reports:
a. Americas Chapter (Report by Gaetan Cousineau attached )
The major undertaking is the next world conference. The 2nd chapter meeting is then to be held and regional issued will be discussed.
A blueprint of how to organise an IARLJ regional conference is sent to the secretariat and the executives and council members are to decide whether to approve of making this manual available to IARLJ members and, of course, other Regional Chapters. This blueprint is of interest to the council since future conferences could be based upon what has been done. Suggestions are made that the cost for publishing is to be included in the registration fee. They also look for supporting a speaker for the conference in Argentina. 2500 Can $ has been advanced.
UNHCR has asked the IARLJ if they could provide a Spanish speaking judge for conference in Argentina. Chief Justice Allan Lutfy was very impressed with the level of discussion at the Stockholm conference and offered full support to collaborate with the IARLJ. He came up with a name for a speaker and the UNHCR has been recommended to contact this person.
A selection process is to be kept in the IARLJ and must be transparent.

b. Australia / New Zealand Chapter (Report by Sue Zelinka attached)
In the second paragraph it should read: early next year in New Zealand.

c. Europe Chapter (Report by Eamonn Cahill attached)
The speakers on the agenda are virtually guaranteed, the topics agreed. Taiex (being an EU-body) will pay for travel and accommodation for 3 participants each from 10 member states plus 4 candidate member states totalling 42 people. Participants from Russia, Armenia, Georgia and Ukraine have to be funded by UNHCR. There will be a series of workshops/seminars with case studies on especially eastern and central Europe. The next European Conference is to be discussed later this afternoon in regard to the Americas' Chapter conference November 2006. Options available have to be examined. A further report will follow in Budapest.
Tony North suggested to have the Mexico conference planners in Budapest where they have all the seminars in order to see how that works from the first hand. Gaetan Cousineau will be supporting that Lois Figg goes to Budapest.
Paul Tiedemann wants confirmation that two Germans: Harald Doerig and Bernd Schiller are in the programme. They are both fitted in on the Saturday morning; Doerig in the case study on Afghanistan. Paul Tiedemann himself will be doing the same topic as in Stockholm (database).

 

Item 11: Admission of Participants (Report by Tony North attached)

Resolved: That Dr Jane McAdam be admitted as a participant in the IARLJ.

Item 12: Approval of travel expenses (Report by Tony North attached)
Allan Mackey explained that the proposal is in line with a decision at the General Meeting in Stockholm on this issue.

Resolved: That 2,500 (EUR) be paid to Justice North to cover his travel expenses to attend the European Chapter conference in Budapest in November 2005.

Item 13: Other business
Hugo Storey sent in a report of the Publications Committee with the proposal that the
Executive Committee have the authority to determine what to do about publication
and Hugo's 2nd proposal is available only to members with some indication on the website when an outsider wants to buy.
The two proposals are generally supported and will be transmitted to Hugo.

Further it is suggested to have a hard copy after all and to find out whether the Georgetown Immigration Law Journal would be willing to produce a hard copy which they did for the Bern as well as for the New Zealand Conference.

Resolved: Walter Stöckli will contact Professor Kälin in order to evaluate the chances, to find out the contact address or the person in charge and to ask for his support. He will forward the information to Hugo Storey.

The meeting concluded at 13.40 hrs London time.

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