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ICJ’s Submission to the Universal Periodic Review (UPR) of Azerbaijan

ICJ’s Submission to the Universal Periodic Review (UPR) of Azerbaijan

5 Oct 2017

Today, the ICJ made a submission to the Universal Periodic Review of Azerbaijan.

The submission brings to the attention of the members of the Human Rights Council’s Working Group on the UPR issues concerning:

  • Azerbaijan’s legislation governing the legal profession;
  • the situation of lawyers in practice;
  • the lack independence of the legal profession;
  • the role of the Bar Association with regard to attacks on lawyers;
  • international human rights instruments.

With respect to each of the above-mentioned concerns, the ICJ calls upon the Working Group on the UPR and the Human Rights Council to make a number of recommendations to the authorities of Azerbaijan.

Azerbaijan-UPR-Advocacy-non-legal submissions-2017-ENG (download the submission)

Cambodia: ICJ co-organizes workshop on the Universal Periodic Review of Cambodia

Cambodia: ICJ co-organizes workshop on the Universal Periodic Review of Cambodia

30 Jun 2017

On 29 and 30 June, the ICJ co-organized a workshop for Cambodian civil society on the UPR.

The workshop was organized with the Cambodian Center for Human Rights, the Cambodia Country Office of the Office of the High Commissioner for Human Rights, UPR Info, and the Cambodian Human Rights Committee on the mid-point review of the Human Rights Council’s (HRC) Universal Review (UPR) of Cambodia.

The Royal Government of Cambodia (RGC) underwent its second UPR in January 2014.

The objectives of the workshop were to:

1. conduct a comprehensive mid-term assessment of the progress and challenges as of late June 2017 of the RGC’s implementation of those recommendations made during the second UPR cycle of Cambodia that the RGC had accepted with a view to informing advocacy around the September 2017 session of the HRC;

2. To take stock of the situation of UPR implementation to provide a basis for preparation of NGO shadow reports during the 3rd cycle of the UPR;

3. To discuss a specific set of UPR recommendations among relevant government bodies and civil society organizations in order to build relationships and raise awareness of the recommendations;

4. To advocate for the full implementation of the recommendations accepted during the second UPR cycle of Cambodia; and

5. To increase awareness of and demand among the Cambodian public for the implementation of the accepted UPR recommendations and to increase awareness of the HRC and UPR process.

Kingsley Abbott, Senior International Legal Adviser for Southeast Asia for the ICJ, moderated a panel discussion on “developing strategic advocacy plans​​ for monitoring the implementation of UPR recommendations” and delivered a presentation on “strategies to effectively implement recommendations and lessons learned from other countries” focusing on past UPR cycles of Thailand Lao PDR.

After a comprehensive review of the recommendations accepted by the RGC during the last UPR cycle it was determined that many of the recommendations had not been implemented.

Civil society agreed that it was important to further strengthen coordinated efforts to monitor and conduct advocacy around the UPR process, engage constructively with the RGC, and begin preparation for the third UPR cycle focusing on lessons learned from the last cycle and regional experiences.

Contact

Kingsley Abbott, ICJ Senior International Legal Adviser for Southeast Asia, t: +66 94 470 1345 ; e: kingsley.abbott(a)icj.org

ICJ’s Submission to the Universal Periodic Review (UPR) of Pakistan

ICJ’s Submission to the Universal Periodic Review (UPR) of Pakistan

30 Mar 2017

Today, the ICJ made a submission to the Universal Periodic Review of Pakistan.

The submission brings to the attention of the members of the Human Rights Council’s Working Group on the UPR issues concerning:

  1. Trials of civilians by military tribunals;
  2. Enforced disappearances;
  3. Torture and other ill-treatment;
  4. Blasphemy laws; and
  5. International human rights instruments.

With respect to each of the above-mentioned concerns, the ICJ calls upon the Working Group on the UPR and the Human Rights Council to make a number of recommendations to the Pakistani authorities.

Pakistan-ICJ UPR-Advocacy-non-legal submissions-2017-ENG (full text in PDF)

ICJ submission to the Universal Periodic Review of Sri Lanka

ICJ submission to the Universal Periodic Review of Sri Lanka

30 Mar 2017

The ICJ submitted information to the UN Human Rights Council Working Group on the Universal Periodic Review (UPR) in advance of its review of Sri Lanka under the third cycle of the UPR mechanism during its 28th session in November 2017.

The ICJ submission focuses on concerns about Sri Lanka’s respect for its human rights obligations relating to ongoing issues of:

  • Transitional justice;
  • Enforced disappearance;
  • Torture and other ill-treatment;
  • Detention;
  • Counter-terrorism; and
  • Impunity.

SriLanka-UPR Submission March17-Advocacy-non legal submissions-2017-ENG (full text in PDF)

ICJ’s Submission to the Universal Periodic Review (UPR) of India

ICJ’s Submission to the Universal Periodic Review (UPR) of India

16 Sep 2016

On 16 September 2016, the ICJ made a submission to the Universal Periodic Review of India.

The submission brings to the attention of the members of the Human Rights Council’s Working Group on the UPR issues concerning:

  • discrimination and violence based on sexual orientation and gender identity;
  • death penalty;
  • impunity and accountability;
  • freedom of speech, expression and association;
  • ratification and implementation of international human rights instruments.

india-icj-upr-submission-advocay-non-legal-submission-2016-eng (full text in PDF)

Legal Professionals and the UN Universal Periodic Review: Joint NGO statement

Legal Professionals and the UN Universal Periodic Review: Joint NGO statement

18 Mar 2016

The ICJ today joined an oral statement on the role of judges, lawyers, and prosecutors, as well as the threats they face, and the Universal Periodic Review of the UN Human Rights Council.

The statement, delivered by the Director of the International Bar Association’s Human Rights Institute, Dr Phillip Tahmindjis, read as follows:

“The International Bar Association’s Human Rights Institute (IBAHRI) released this week its report on the ‘Role of the UPR in advancing human rights in the administration of justice’. The report assesses more than 38,000 recommendations made between 2008 and 2014 for references to the legal profession.

The report’s key findings include:

UPR recommendations still insufficiently address the role of judges, lawyers and prosecutors, or the threats they face, as extensively documented by the Special Rapporteur on the Independence of Judges and Lawyers. Significantly, these recommendations often make no reference to relevant UN standards.

Recommendations relating to the independence of judges are often too vague to be an effective response to the shortcomings of any given jurisdiction. Serious issues in the appointment and removal of judges are mostly ignored.

The independence of lawyers was considered in fewer than 100 of the 38,000 UPR recommendations.

Prosecutorial independence is addressed in less than 10 per cent of the recommendations calling upon States to effectively investigate or prosecute rights violations.

Guarantees for legal professionals’ rights to freedom of expression, assembly and association are barely addressed. This fails to reflect the key role that self-governing organisations of legal professionals should play in upholding human rights and the rule of law, the independence of the legal profession and law reform processes.

As international organisations of legal professionals, we foster the engagement of the legal profession in UN human rights mechanisms and in monitoring the implementation of UPR recommendations.

We call upon the Human Rights Council, as well as States, to ensure that in the third cycle of the UPR, the role of judges, lawyers, and prosecutors receives the heightened attention that it is due, as recognised by the UN Basic Principles on the independence of the judiciary, the UN Basic Principles on the role of lawyers and the UN Guidelines on the role of prosecutors.”

The following organisations endorsed the statement:

  • Commonwealth Magistrates’ and Judges’ Association
  • Commonwealth Lawyers Association
  • International Bar Association’s Human Rights Institute
  • International Commission of Jurists
  • Judges for Judges
  • Lawyers for Lawyers
  • Southern Africa Litigation Centre

The statement can be downloaded in PDF format here: HRC31-JointOralStatement-UPRLegalProfessions-2016

The IBAHRI report on ‘The role of the UPR in advancing human rights in the administration of justice’ is available at : http://tinyurl.com/gr525sq

Judges & Lawyers in Myanmar: ICJ-IBAHRI statement on UN Universal Periodic Review

Judges & Lawyers in Myanmar: ICJ-IBAHRI statement on UN Universal Periodic Review

17 Mar 2016

The ICJ today joined with the International Bar Association’s Human Rights Institute to make an oral statement on judges & lawyers in Myanmar, during the consideration of its Universal Periodic Review outcome by the UN Human Rights Council.

The statement:

“The International Bar Association’s Human Rights Institute (IBAHRI) and the International Commission of Jurists welcome Myanmar’s decision to accept recommendations made at the Universal Periodic Review relating to the administration of justice and the independence of the legal profession and call on the Government of Myanmar to implement the recommendations which it has accepted ‘in principle’ to reform the Bar Council Act to allow for the Bar Council to become a truly independent and self-governing association.

In order to ‘guarantee in law and practice that lawyers and judges can perform their professional functions without improper interference and legally form and join self-governing associations’, we call for the right to join such associations to be enshrined in law, and that the right of the first Independent Lawyers’ Association of Myanmar (ILAM) to register as an association be respected;

In order to ‘define professional legal standards and disciplinary procedures in conformity with the Basic Principles on the Role of Lawyers’, we call upon the government of Myanmar to engage in a consultation process with the legal profession and other stakeholders in relation to the revision of the Bar Council Act. The government should also commit sufficient funds to allow for the funding of the system created by the new Legal Aid Law.

We are encouraged by and support efforts by the Office of the Supreme Court of the Union to draft and implement a Code of Judicial Ethics.

Finally, we urge the Government to improve legal education and continue legal professional development including with regard to international human rights law and the UN human rights mechanisms.

We are glad to provide support in the realisation of these recommendations and will look for collaboration with the Government to that end.”

Myanmar: ICJ attends Universal Periodic Review Pre-Session in Geneva

Myanmar: ICJ attends Universal Periodic Review Pre-Session in Geneva

26 Oct 2015

Myanmar’s human rights record for the past four and a half years will be under scrutiny at the United Nations (UN) Human Rights Council (HRC), as the country goes up for its Universal Periodic Review (UPR) review on 6 November 2015.

Myanmar will be assessed on developments based on information provided by the government, UN human rights experts, institutions and treaty bodies; and stakeholders including Non-Governmental Organizations (NGOs).

The eleventh round of Pre-Sessions to discuss the human rights situations in Myanmar was held on 8 October 2015 and was organized by UPR-Info.

The event brought together various permanent missions and various Myanmar civil society organizations (CSOs) that presented their respective UPR recommendations.

This event also provided NGOs, including the ICJ, with an opportunity to contribute to the UPR process by informing several delegations at once about specific, actionable recommendations to the government to effectively address human rights violations and provide redress.

In its UPR stakeholder submission, the ICJ drew the attention of the HRC Working Group on the UPR, and that of the HRC itself, to the ICJ’s concerns about the independence of the judiciary and legal profession, the lack of legislation adequately protecting human rights and the environment, discriminatory laws targeting women and minorities, and the writ of habeas corpus in Myanmar.

The Office of the Commissioner for Human Rights referred to these issues in its summary to the HRC Working group on the UPR.

UPR discussions in Geneva led by NGOs reiterated that despite reforms, significant human rights challenges remain in Myanmar. These include, but are not limited to, the following:

  • During its first UPR in 2011, Myanmar had supported recommendations to consider signing and ratifying core human rights treaties, but has made no significant progress;
  • A recent parliament veto reserves the 25% of the seats in the legislative bodies for the military, thus continuing military impunity and preserving their hold over any constitutional or legislative amendment;
  • The Myanmar National Human Rights Commission suffers from low credibility due to its lack of autonomy from the government and failure to investigate egregious human rights violations;
  • The package of “race and religion protection” laws comes at a time of increasing ethnic and religious tension, and discriminates on grounds of gender and religion. Discrimination against religious minorities has led to mass displacement, deaths and rights violations;
  • Lesbian, Gay, Bisexual and Transgender rights are routinely violated;
  • The Environmental Conservation Law allowed government departments and private business abroad exemptions from environmental protection obligations;
  • Judicial independence is compromised as judges in some instances still render decisions based on orders coming from military and the government.

Contact:

Vani Sathisan, ICJ International Legal Adviser, Myanmar, t: +95-09250800301; e: vani.sathisan(a)icj.org

The ICJ’s UPR stakeholder submission for Myanmar can be found here

The OHCHR summary to the UN Working Group for the UPR can be found here

 

 

ICJ and Thai Lawyers for Human RIghts’ submission to the Universal Periodic Review (UPR) of Thailand

ICJ and Thai Lawyers for Human RIghts’ submission to the Universal Periodic Review (UPR) of Thailand

21 Sep 2015

Today, the ICJ and Thai Lawyers for Human Rights (TLHR) made a joint submission to the Human Rights Council’s Working Group on the Universal Periodic Review in advance of the Human Rights Council’s review of Thailand in April/May 2016.

In their submission, the ICJ and TLHR expressed concern about the following issues:

(1) the impact of the new legal and institutional framework, imposed since the May 2014 coup d’état, on human rights in Thailand;

(2) instances of suspected enforced disappearance and torture; and

(3) issues concerning international human rights instruments and mechanisms.

A copy of the submission can be found here:

THAILAND-UPR SUBMISSION FINAL AS LODGED-Advocacy-Non legal submission-2015-ENG (full text in PDF)


ICJ’s submission to the Universal Periodic Review (UPR) of Swaziland

ICJ’s submission to the Universal Periodic Review (UPR) of Swaziland

21 Sep 2015

Today, the ICJ made a submission to the Human Rights Council’s Working Group on the Universal Periodic Review in advance of the Human Rights Council’s review of Swaziland in April/May 2016.
In its submission, the ICJ expressed concern about the following issues:

1) independence and impartiality of the judiciary and fair trial rights; and

2) international human rights instruments and mechanisms.

A copy of the submission can be found here:

Swaziland-ICJ-UPR-SWAZI SUBMISSION FINAL AS LODGED-Advocacy-2015-ENG (full text in PDF)

Submission for the Universal Periodic Review (UPR) of Singapore

Submission for the Universal Periodic Review (UPR) of Singapore

19 Jun 2015

Today, the ICJ made a submission to the Human Rights Council’s Working Group on the Universal Periodic Review in advance of the Human Rights Council’s review of Singapore.

In its submission, the ICJ expressed concern about the following:
(1) corporal punishment;
(2) the death penalty;
(3) the continued criminalization of consensual same-sex relations;
(4) corporate accountability for companies registered in Singapore; and
(5) international human rights instruments and mechanisms.

A copy of the submission can be found here:

Singapore-ICJ UPR-Advocacy-non legal submission-2015-ENG

 

Submission for the Universal Periodic Review (UPR) of Nepal

Submission for the Universal Periodic Review (UPR) of Nepal

20 Mar 2015

Today, the ICJ made a submission to the Universal Periodic Review of Nepal.

The submission brings to the attention of the members of the Human Rights Council’s Working Group issues concerning:

  • The establishment of credible transitional justice mechanisms;
  • The need to reform Nepali criminal law to ensure that certain serious crimes under international law are fully criminalized domestically;
  • The on-going need to address the countless incidents of sexual violence committed during the armed conflict;
  • The need to take steps to end impunity; and,
  • The right to an effective remedy.

Nepal-UPR-Advocacy-2015-ENG

 

 

Submission for the Universal Periodic Review (UPR) of Australia

Submission for the Universal Periodic Review (UPR) of Australia

20 Mar 2015

Today, the ICJ made a submission to the Universal Periodic Review of Australia.

The submission brings to the attention of the members of the Human Rights Council’s Working Group issues concerning:

  • The treatment of asylum-seekers and Australia’s attacks against international refugee law;
  • The treatment of aboriginal and Torres Strait Islander peoples;
  • The weakening and undermining of the Australian Human Rights Commission; and,
  • International instruments and mechanisms.

Australia-UPR-Advocacy-2015-ENG

Submission for the Universal Periodic Review (UPR) of the United States on the US military justice system

Submission for the Universal Periodic Review (UPR) of the United States on the US military justice system

5 Sep 2014

The ICJ, Amnesty and independent experts Eugene R. Fidell, Elizabeth L. Hillman, Nancy Duff Campbell, made a submission for the Universal Periodic Review (UPR) of the United States on the failure of the US military justice system to comply with the State’s international human rights obligations.

USA-Military Justice system UPR-Advocacy-non legal submission-2014 (full text in pdf)

ICJ submission on the Universal Periodic Review of Lao

ICJ submission on the Universal Periodic Review of Lao

15 Jun 2014

The ICJ has made a stakeholder submission for the second cycle Universal Periodic Review (UPR) of Lao’s compliance with international human rights.

In January/February 2015, the Human Rights Council’s Working Group on the UPR will consider the situation of human rights in Lao’s People’s Democratic Republic. Ahead of the Working Group’s review, the ICJ has made a submission in which it has identified suggested recommendations concerning:

  • Lao’s failure to implement its obligations under international law in cases of enforced disappearances; and
  • Lao’s party status to and engagement with international human rights instruments and mechanisms.

The recommendations of the UPR Working Group will be considered, alongside Lao’s acceptance or otherwise of those recommendations, during the Human Rights Council’s 29th regular session in June 2015.

Lao-UPR21-ICJStakeholderSubmission-LegalSubmission-2014

ICJ submission on the Universal Periodic Review of Lesotho

ICJ submission on the Universal Periodic Review of Lesotho

15 Jun 2014

The ICJ has made a stakeholder submission for the second cycle Universal Periodic Review (UPR) of Lesotho’s compliance with international human rights.

In January/February 2015, the Human Rights Council’s Working Group on the UPR will consider the situation of human rights in Lesotho. Ahead of the Working Group’s review, the ICJ has made a submission in which it has identified suggested recommendations concerning:

  • The competence, independence and impartiality of the judiciary;
  • The right to freedom from torture and other ill-treatment; and
  • Lesotho’s party status to and engagement with international human rights instruments and mechanisms.

The recommendations of the UPR Working Group will be considered, alongside Lesotho’s acceptance or otherwise of those recommendations, during the Human Rights Council’s 29th regular session in June 2015.

Lesotho-UPR21-ICJStakeholderSubmission-LegalSubmission-2014 (download the ICJ’s stakeholder submission, in PDF)

ICJ submission on the Universal Periodic Review of Kazakhstan

ICJ submission on the Universal Periodic Review of Kazakhstan

14 Mar 2014

The ICJ has brought to the attention of the Universal Periodic Review (UPR) mechanism issues concerning due process and access to justice, as well as other key issues to be addressed in the review of Kazakhstan’s compliance with international human rights.

From 27 October to 7 November 2014, the Human Rights Council’s Working Group on the UPR will consider the situation of human rights in Kazakhstan. Ahead of the Working Group’s review, the ICJ has made a submission in which it has identified suggested recommendations concerning:

  • Lack of access to independent and effective legal advice and representation, and its impact on the rights to liberty and to a fair hearing; and
  • Legal obstacles that impede women’s access to justice, and undermine women’s enjoyment of human rights on a basis of equality and without discrimination.

Kazakhstan-UPR20-StakeholderSubmission-LegalSubmission-2014

ICJ submission on the Universal Periodic Review of Egypt

ICJ submission on the Universal Periodic Review of Egypt

14 Mar 2014

The ICJ brought to the attention of the UPR mechanism issues regarding the effective impunity of the security and armed forces in Egypt for past and present human rights violations, and other key issues to be addressed in the review of Egypt’s compliance with international human rights.

From 27 October to 7 November 2014, the Human Rights Council’s Working Group on the UPR will consider the situation of human rights in Egypt. Ahead of the Working Group’s review, the ICJ has made a submission in which it has identified suggested recommendations concerning:

  • The rule of law and civilian oversight of the armed forces;
  • The independence of the judiciary and the use and jurisdiction of military courts; and
  • The effective impunity of the security and armed forces for past and present human rights violations.

Egypt-UPR20-StakeholderSubmission-LegalSubmission-2014 (download full submission in pdf)

ICJ stakeholder submission on the Universal Periodic Review of Malta

ICJ stakeholder submission on the Universal Periodic Review of Malta

11 Mar 2013

Maltadetention centreThe ICJ has brought to the attention of the UPR mechanism issues concerning migration and asylum, criminalization of abortion and recognition of gender identity and marriage in Malta.

The ICJ’s submission comes ahead of the consideration of the human rights situation in Malta by the Human Rights Council’s Working Group on the Universal Periodic Review (21 October to 1 November 2013). It includes suggested recommendations to be taken up in the UPR of Malta.

Malta-UPR17-StakeholderSubmission-LegalSubmission-2013 (download full submission in PDF)

Malta-UPR17-AdvocacyNote-LegalSubmission-2013 (download short advocacy note in PDF)

Malta-UPR17-ComparisonChart (download comparison of ICJ suggested recommendations against UPR first cycle recommendations)

ICJ stakeholder submission on the Universal Periodic Review of Malaysia

ICJ stakeholder submission on the Universal Periodic Review of Malaysia

11 Mar 2013

The ICJ has brought to the attention of the UPR mechanism issues concerning judicial independence, freedom of assembly and association, freedom of expression and security measures in Malaysia.

The ICJ’s submission comes ahead of the consideration of the situation of human rights in Malaysia by the Human Rights Council’s Working Group on the Universal Periodic Review (21 October to 1 November 2013). It includes suggested recommendations to be taken up in the UPR of Malaysia.

Malaysia-ICJ-UPR17-StakeholderSubmission-Legal submission-2013 (full text in PDF)

Malaysia-UPR17-AdvocacyNote-LegalSubmission-2013 (download short advocacy note in PDF)

Malaysia-ICJ-UPR17-ComparisonChart-2013 (full text in PDF)

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