Sep 20, 2019 | News
The ICJ welcomes this week’s visit to Uzbekistan of the UN Special Rapporteur on the independence of judges and lawyers, Diego García-Sayan, during which he will assess reforms of the judicial system, the independence of the judiciary and the independence and role of lawyers.
“The visit of the Special Rapporteur to Uzbekistan, at the invitation of the government, is an indication that the Uzbekistan authorities are serious about the ongoing reforms of the justice system. This visit is only a starting point for the deep reforms needed to establish an independent and fair justice system in Uzbekistan. Realising these reforms will require sustained commitment of all institutions of government, lawyers and civil society,” said Temur Shakirov, Senior Legal Adviser of the ICJ Europe and Central Asia Programme.
The ICJ, along with other NGOs and IGOs, met with the Special Rapporteur in Tashkent yesterday on the first day of his visit, and drew his attention to issues concerning the independence of judges and lawyers in Uzbekistan.
“The visit will be followed by the report of the Special Rapporteur containing findings and recommendations. These recommendations should be effectively implemented and the ICJ is committed to provide expert and other support in the Uzbekistan’s effort to bring its justice system in line with the recommendations,” Shakirov added.
Background
The visit of the UN Special Rapporteur on independence of judges and lawyers takes place from September 19-25, 2019.
The Special Rapporteur will hold meetings with representatives of the government, judiciary, prosecutors, lawyers and civil society and is expected to issue a report analyzing the independence of judges and lawyers in Uzbekistan, following his visit.
The Special Rapporteur on the independence of judges and lawyers is one of the special procedures of the United Nations Human Rights Council, appointed as an independent expert to monitor the compliance of UN Member States with international standards on the independence of judges and lawyers.
Sep 19, 2019 | Advocacy, Non-legal submissions
The ICJ today joined other NGOs in an oral statement to the UN Human Rights Council in Geneva, highlighting ongoing challenges faced by independent UN human rights experts, supporting the process the experts have established to make their own work effective, and calling for related issues of funding and non-cooperation of States to be addressed.
The statement was delivered on behalf of the group of NGOs by Amnesty International and read as follows:
“We note the concerns in the Declaration of the Special Procedures’ mandate holders at the Annual Meeting 2019 and share their concern about the global retrenchment against the values and obligations embedded in international human rights law and the challenges they spell out with regard to non-cooperation.
We also express appreciation[1] for the process set in place by the Special Procedures Coordination Committee to discuss ways in which the work can be strengthened including by seeking input from a wide range of stakeholders. This process presents the most appropriate way to ensure the effectiveness of the Special Procedures in protecting and promoting human rights, and to discuss ways to strengthen cooperation and address situations where there may be concerns regarding the actions of individual mandate holders.
We hope that this process will also provide an opportunity to discuss issues of chronic underfunding, non-cooperation of States with the Special Procedures, acts of reprisal and intimidation against human rights defenders and ad hominem attacks against mandate holders and how to make non-cooperation including selective cooperation by states more costly.”
(Partial) list of signatories:
- Amnesty International
- Cairo Institute for Human Rights Studies
- Center for Reproductive Rights
- Child Rights Connect
- CIVICUS: World Alliance for Citizen Participation
- Colombian Commission of Jurists
- Defence for Children International
- Forum for Human Rights and Development (FORUM-ASIA)
- Geneva for Human Rights
- ILGA World
- International Bar Association’s Human Rights Institute
- International Commission of Jurists
- International Movement against All Forms of Discrimination and Racism (IMADR)
- International Service of Human Rights
- Peace Brigades International
- Women’s International League for Peace and Freedom (WILPF)
- World Organisation Against Torture (OMCT)
[1] Civil society statement on efforts to strengthen and increase effectiveness of the United Nations Special Procedures , https://www.amnesty.org/download/Documents/IOR4009672019ENGLISH.pdf
Sep 18, 2019 | Events, News
The Colombian Commission of Jurists (CCJ) and the ICJ invite you to a discussion on the strengths and challenges that the System and its institutions face. The event takes place Thursday, 19 September 2019, at 11:00 – 12:00, room XXI, in the Palais des Nations.
One of the essential elements of the peace agreement between the Colombian government and the FARC-EP was the creation of an Integral System of Truth, Justice, Reparation and Non-Repetition. This System contains a set of transitional mechanisms to protect and guarantee victims’ rights. It comprises three institutions: a tribunal called the Special Jurisdiction for Peace (JEP), a Truth commission, and a Unit to search for the missing persons. A year ago, after some delays, the three institutions have entered into operation. They all have made significant advances in fulfilling victims’ rights. However, there are still several challenges they must face to be considered successful transitional justice mechanisms.
The panel will feature:
Moderator:
- Sam Zarifi, ICJ Secretary General
Speakers:
- Philippe Texier, former judge of the Court of Cassation of France and ICJ commissioner.
- Edinson Cuéllar, Colectivo Sociojurídico Orlando Fals Borda
- Ana María Rodríguez, CCJ Senior Legal Adviser
- Rocío Quintero, ICJ Legal Adviser
Printed copies of the ICJ report “Colombia: Jurisdicción Especial para la Paz, análisis a un año y medio de su entrada en funcionamiento” will be available. (Full version in Spanish and Executive Summary in English)
A flyer for the event is available here.
Sep 17, 2019 | Advocacy
In a statement issued today, the ICJ and other human rights groups, as well as lawyers and members of the legal profession, expressed deep concern over the increasing attacks against lawyers under President Duterte’s administration.
Find the full statement available as PDF here: Philippines-attacks against lawyers escalating-advocacy-2019-ENG
Sep 17, 2019 | Advocacy
The ICJ welcomes the final report of the FFM (Independent International Fact Finding Mission).
Having monitored justice and human rights in Myanmar for over 50 years, the ICJ has an established presence in the country, and supports justice sector actors to implement reforms necessary to protect human rights through the rule of law.
With this experience, the ICJ concurs with conclusions of the FFM and the Special Rapporteur: particularly those highlighting the pervasive damage of unchecked military power and impunity on human rights, the rule of law, and development of an inclusive democratic society.
Myanmar’s Government has failed to fulfill international law obligations to investigate, prosecute and punish perpetrators of rights violations. In this context, the launch of an IIMM (Independent Investigative Mechanism for Myanmar) is necessary, and welcome. Myanmar should cooperate with the Mechanism, whose files may enable future prosecutions of individual criminals.
But this Mechanism is not a court: all States, particularly Myanmar, must work toward holding criminal trials, in competent jurisdictions, inline with international standards – noting that prosecutions target criminals, not the country.
Other immediate opportunities for Myanmar to protect human rights include: amending the National Human Rights Commission Law to expand its mandate and independence; amending laws that facilitate impunity such as the 1959 Defence Services Act; enacting an anti-discrimination law; and reviewing the 1982 Citizenship Law. These legislative reforms are urgent and possible steps that are necessary to demonstrate if the Government is genuine about its international law obligations. Any constitutional reform must also expand rights protections.
As the FFM’s mandate is ending, the ICJ would like to ask the experts: how can States best monitor and implement your recommendations, particularly related to international criminal accountability?
See also:
ICJ, Achieving Justice for Gross Human Rights Violations in Myanmar, January 2018
Terms of Reference for the UN Independent International Mechanism for Myanmar (unofficial Burmese translation), 16 January 2019, available here.
Statement to the Human Rights Council by Mr. Nicholas Koumjian, Head of the Independent Investigative Mechanism for Myanmar (unofficial Burmese translation with accompanying English text), 9 September, available here.
