Dec 13, 2016 | News
The ICJ and Human Rights Commission of Pakistan (HRCP) urge the Pakistani authorities to fully engage with the UN human rights body by answering its questions comprehensively.
The call follows the recent adoption by the United Nations Human Rights Committee of a document raising a multiplicity of concerns about Pakistan’s human rights record.
“It is encouraging to see Pakistan’s increased engagement with United Nations human rights mechanisms in recent years”, said Sam Zarifi, ICJ’s Asia Director.
“But it is important that the Government does not stop here and now takes the additional constructive step of answering all the Committee’s questions truthfully and honestly,” he added.
In November 2016, during its 118th session, the Human Rights Committee adopted a document known as a List of issues in relation to Pakistan’s compliance with the International Covenant on Civil and Political Rights (ICCPR), in which the Committee asked multiple questions about the country’s human rights record, including:
- Fair trial concerns as a result of the expanded jurisdiction of military courts following the introduction/adoption of the 21st Amendment to the Constitution, including the criteria for and the process of selecting cases to be tried by military courts, the qualifications of judges presiding over those courts and their proceedings;
- Reintroduction of the death penalty and the wide scope of its application, including the mandatory death sentence for “blasphemy”;
- Broad and vaguely defined “blasphemy offences”, their disproportionate use against individuals belonging to religious minorities; the large number of “blasphemy” cases instituted on the basis of false accusations; and the lack of mechanisms to protect judges who hear “blasphemy” cases and those accused of blasphemy from intimidation and threats;
- Rights of Ahmadis, including their “right to profess, practice and propagate” their religion without interference;
- Repatriation of Afghan refugees, including information on the adoption of a draft national refugee law and a comprehensive policy on the voluntary repatriation and management of Afghan nationals;
- Rights of women, including steps taken by the Government to prevent and punish persistent violence (sexual and otherwise) against women, including so-called honour killings;
- Torture and other ill-treatment, extrajudicial killings, and enforced disappearances, including steps taken by the Government to implement the Supreme Court’s judgment in the Muhabbat Shah case, which held military authorities responsible for the enforced disappearance of at least 28 people from a Malakand internment centre.
This is the first time Pakistan’s human rights record is being reviewed by the Human Rights Committee, the treaty body that monitors implementation of the International Covenant on Civil and Political Rights by its State parties, since Pakistan ratified the Covenant in 2010.
The next step in the review process is for Pakistan to respond to the questions framed in the List of Issues.
The Human Rights Committee will undertake a comprehensive review Pakistan’s compliance with and implementation of the ICCPR and adopt concluding observations in July 2017.
“It is of the utmost importance to Pakistan to derive greater benefit from its engagement with the UN human rights mechanisms by making a sincere effort to answer the concerns of the Committee,” said I A Rehman, Secretary General of HRCP.
Background
Pakistan ratified the International Covenant on Civil and Political Rights (ICCPR) in June 2010. Following ratification/accession, every state party to the ICCPR is required to submit an initial “state report” containing information on the implementation of each provision of the treaty.
Pakistan submitted its initial state report to the Human Rights Committee in October 2015.
In light of the information provided in the State report, as well as information received from civil society, the Human Rights Committee then prepares a List of Issues containing particular issues of concern to the Committee, and asking whatever questions it sees fit in light of those concerns.
The answers provided by the State party to those questions, as well as other information submitted by civil society and others form the basis of the “review” of the State’s compliance with the treaty.
The State is not obligated to reply to the List of Issues in advance of the review session, but in practice most do.
The State replies are presented to the Committee at the beginning of the review and are the starting point for the interactive dialogue between the Committee and the State under review.
During the review, the Committee meets with State representatives who present answers to the List of Issues and respond to the Committee’s questions.
At the end of the session, the Committee adopts Concluding Observations, which highlight the Committee’s concerns and make recommendations to the State on improving the implementation of the ICCPR.
Pakistan’s ICCPR review is scheduled to take place in July 2017.
Contact
Sam Zarifi, ICJ Asia Pacific Regional Director (Bangkok), t: +66 807819002; email: sam.zarifi(a)icj.org
Pakistan-list-of-issues-advocacy-2016-eng (in PDF)
Dec 6, 2016 | News
Hosted on 3-4 December, the event was attended by a total of 40 participants which includes representatives of CSOs, lawyers, MPs and village track administrators.
The workshop aimed to raise awareness of international standards and best practice of resettlement and development-based eviction and displacement among local community in order to mitigate potential adverse impact associated with the development of the Kyauk Phyu Special Economic Zone.
In the opening, Dr Daniel Aguirre, ICJ International Legal Adviser, outlined the essential role of lawyers and community members in safeguarding human rights and holding the State and investors accountable.
The discussion was led by international experts and experienced and committed leaders of Civil Society Organization.
Susanna Price from Australian National University highlighted key principles of the ADB’s Involuntary Resettlement Policy along with experiences from China, Cambodia and Indonesia.
U Hayman Oo, ICJ Legal Researcher, explained how the UN principles on Development-based Eviction and Displacement are applicable in the context of Myanmar and urged the participants to use these standards for their advocacy work.
U Myo Mrat Hein, the Director and lawyer of the Thazin Legal Aid Group, discussed important issues surrounding the national land acquisition legislation whilst Sean Bain, legal consultant at the ICJ give a brief overview of important provisions of the Myanmar SEZ Law (2014).
The other two guest local speakers shared their first-hand experiences of advocacy work and resettlement issues which occurred during the development of Dawai and Thilawa SEZ respectively.
Participants exchanged strategies and ideas to take preparatory steps to mitigate potential impacts of the KPSEZ in terms of protecting their economic, social and cultural rights, learning from Dawei and Thilawa, as well as from international standards which Myanmar recognizes.
The new Kyauk Phyu SEZ Management Committee, along with Dawai and Thilawa, was formed last month with over 30 members including international and local social and environmental experts.
In a meeting held in Nay Pyi Taw following the establishment of the SEZ Management Committee, Daw Aung San Su Kyi emphasized that the current three SEZs of the country are leading projects for Myanmar’s economic growth.
She also expressed concerns over the potential negative effect of these zones if not properly implemented.
Dec 5, 2016 | News
A joint statement calls on members of the House of Representatives of the Philippines to stop further attempts to reintroduce the death penalty and to block any legislation that subverts human rights.
On 29 November 2016, the Sub-Committee on Judicial Reforms of the House Committee of Justice approved a bill restoring the death penalty in the Philippines by railroading the proceedings in the committee and ignoring important questions from other lawmakers questioning the need for the legislation or its urgent passage.
The full statement can be downloaded here:
philippines-joint-statement-death-penalty-news-web-story-2016-eng (PDF)
Dec 2, 2016 | Agendas, Events, News
Today, the ICJ and Scuola Superiore Sant’Anna are holding a training for lawyers on the rights of migrant children and on accessing international human rights mechanisms in Pisa (Italy).
The training aims to support the strategic use of national and international mechanisms to foster migrant children’s access to justice. The training will take place over the course of two days from 2-3 December 2016.
The training will focus on accessing the international mechanisms in order to protect and promote the rights of migrant children, the child’s right to family life and the best interests of the child principle. A moot court exercise will be held on the second day of the training.
Trainers include experts from the ICJ and Scuola Superiore Sant’Anna, the Italian Court of Cassation and the University of Milan.
The training is based on draft training materials prepared by the ICJ (to be published in the second half of 2017) and the ICJ Practitioners Guide no. 6: Migration and International Human Rights Law.
It is organized as part of the FAIR project co-funded by the Rights, Equality and Citizenship Programme of the European Union and OSIFE.
Download the agenda in Italian here:
italy-rights-migrant-children-training-agenda-2016-ita
Nov 29, 2016 | News
The Philippines House of Representatives must immediately cease efforts to rush through legislation restoring the death penalty, the International Commission of Jurists (ICJ) said today.
On 29 November 2016, the Sub-Committee on Judicial Reform, which is chaired by Congressman Marcelino “Ching” Veloso, hastened the passage of a bill restoring the death penalty in the Philippines.
According to reports received by the ICJ, ex-officio members of the Sub-Committee on Judicial Reform railroaded the proceedings and ignored important questions from other lawmakers questioning the need for the legislation or its urgent passage. The Sub-Committee did not present any report, as is the normal practice, on the discussions and information presented in the previous hearings.
“Filipino lawmakers seem intent on embracing the barbaric practice of executions purely as a political measure, without any understanding or even proper discussion of the death penalty’s impact or what their actions would mean to the international obligations of the Philippines,” said Emerlynne Gil, ICJ’s Senior International Legal Adviser for Southeast Asia.
A representative of the ICJ spoke at the hearing of the Sub-Committee on 22 November 2016, and brought to the lawmakers’ attention the country’s obligations under the 2nd Optional Protocol to the International Covenant on Civil and Political Rights (ICCPR) and the general prohibition on reintroduction of capital punishment once abolished, which commit the country not to execute anyone within its jurisdiction.
“There are already thousands of alleged cases of extrajudicial killings in the country. This bill, if it becomes law, will unquestionably usher the Philippines into a dark period where respect for the right to life is comprehensively degraded,” Gil emphasized.
The ICJ has previously written to President Rodrigo Duterte underscoring that the evidence shows that death penalty is not effective at deterring crime at a greater rate than alternative forms of punishment. Investing in improved detection and investigation techniques and capacity, and improving the effectiveness and efficiency of the justice system, is more likely to achieve real results in reducing crime.
The ICJ categorically opposes the death penalty and considers its use to be a violation of the right to life and freedom from cruel, inhuman, or degrading punishment.
The UN General Assembly has repeatedly adopted resolutions by overwhelming majorities, calling on all retentionist States to impose a moratorium with a view to abolition.
Contact:
Ms. Emerlynne Gil, ICJ’s Senior International Legal Adviser
Telephone: +66 840923575
Email: emerlynne.gil(a)icj.org
