Mar 29, 2021 | News, Publications, Reports, Thematic reports, Uncategorized
The International Commission of Jurists (ICJ) has published a new report Accessing Economic and Social Rights in Uzbekistan: An Analysis of Selected Laws and Practices. In the report, it considers aspects of Uzbekistan’s implementation of its obligations to respect, protect and fulfil economic, social and cultural (ESC) rights through laws and policies as well as through access to justice and remedies for those who allege that their ESC rights have been violated.
Analysing the general legal framework for protection of these rights, the report considers in more detail particular challenges in Uzbekistan, in respect of the right to adequate housing, the right to health, and rights in the workplace.
In the report, the ICJ concludes that in-depth reforms of the justice system are still needed to ensure effective remedies for ESC rights violations in practice, including through genuine independence of the judiciary and regular application of international human rights law in and by the courts.
In general, the use of international law in the Uzbekistan justice system remains weak and underdeveloped. International law is to a high degree theoretical for most legal practitioners, an approach that appears to have its roots in legal tradition and culture, lack of political will and a lack of concrete programmes of measures to make progress in this regard. In practice, judges, prosecutors and lawyers continue not to be exposed to international law on ESC rights, and usually do not apply it in their work directly.
The report concludes that in Uzbekistan the justiciability of ESC rights is not always accepted, as some ESC rights are not seen as rights whose violation could or should be remedied through and by the courts. Rather, many actors see guarantees of non-discrimination or aspects of the right to health or education as benefits which are not of a justiciable nature. Lawyers, sharing a similar legal mindset and background, do not tend to demonstrate the necessary legal activism in pursuing judicial remedies in such cases.
The report contains five chapters. Chapter 1 of the report outlines the general issues which are essential to ensure access to justice for ESC rights in Uzbekistan. Chapter 2 is dedicated to issues related to the right to housing, its international legal aspects and national implementation. Chapter 3 discusses issues related to the right to health while Chapter 4 describes the aspects of the protection of the right to work internationally as well as in Uzbekistan. In Chapter 5, the report sets out conclusions and recommendations on access to justice as well as the measures to protect specific rights addressed in the report.
The publication of the report marks the conclusion of a three-year project, ACCESS, of the International Commission of Jurists (ICJ), which has worked to advance civil society engagement for the protection of ESC rights in Uzbekistan. It draws on several discussions in Uzbekistan, as well as on legal research carried out throughout the project.
Please see the report below:
In English: Accessing Economic and Social rights in Uzbekistan: an analysis of selected laws and practices
In Russian: Доступ к экономическим и социальным правам в Узбекистане: анализ законодательства и практики
In Uzbek: Ўзбекистонда иқтисодий ва ижтимоий ҳуқуқларни баҳолаш: айрим қонунлар ва амалиёт таҳлили
Please see the executive summaries below:
In English: Accessing Economic and Social rights in Uzbekistan: an analysis of selected laws and practices. Executive summary
In Russian: Доступ к экономическим и социальным правам в Узбекистане: анализ нормативно-правовых актов и практики. Резюме отчета.
In Uzbek: Ўзбекистонда иқтисодий ва ижтимоий ҳуқуқлардан фойдаланиш имкониятлари: алоҳида норматив-ҳуқуқий ҳужжатлар ва амалиёт таҳлили.Ҳисоботнинг қисқача мазмуни
Mar 29, 2021 | Agendas, Events, News
Judges play a crucial role in protecting the rights of migrants and asylum seekers, and refugees , experts emphasized at a conference for judges in the Czech Republic held by the International Commission of Jurists (ICJ), Forum for Human Rights and Czech judicial academy on 22-23 March 2021.
The right of asylum seekers to an effective remedy is guaranteed in international and EU law, and it requires a full and ex nunc examination of both facts and points of law. Conference participants discussed how specific vulnerabilities of people in asylum proceedings must be identified as early as possible and the important role that judges play in ensuring that this is the case.
Speakers emphasized that the “best interest of the child” principle, and the right to private and family life, have to be taken into consideration when termination of residence of migrants is in question.
The training, “Selected discourses of asylum and migration law from the international and national perspective” addressed relevant topical questions on the protection of human rights in asylum proceedings in the Czech Republic. Participants included international experts and about 100 participants from among Czech judges and judicial assistants. The speakers included highly experienced European judges, and Czech legal experts and judges. The event was co-organised with Forum for Human Rights, a Czech and Slovak nongovernmental organization, and the Judicial academy of the Czech Republic.
Background
The event took place as part of the FAIR PLUS project. You can find the agenda of the national training here and more details on the issues covered by the training here.
Watch on YouTube: FAIR PLUS Project: Selected discourses of asylum and migration law form the international and national perspectives.
Mar 25, 2021 | Agendas, Events, News
Today, the ICJ, the Office of the High Commissioner for Human Rights (OHCHR) Regional Office for Central Asia (ROCA) and the Supreme School of Judges of the Republic of Uzbekistan (SSJ) are holding a final conference on the implementation of international law on economic, social and cultural rights in the national legal framework of Uzbekistan.
This is the final event of a three-year project “Advancing Civil Society in Promoting economic, social and cultural rights Standards” (ACCESS), implemented by the ICJ, funded by the European Union.
Participants will discuss the obstacles to the enjoyment of economic, social and cultural (ESC) rights in Uzbekistan and how to strengthen protection of these rights through access to justice and legal remedies. The discussions will aim to strengthen the implementation of international law on ESC rights, including rights to housing, healthcare and rights to equal protection in the workplace, and ensure that the justice system provides effective protection and remedies where they are violated.
The OHCHR for Central Asia, the SSJ, Tashkent State University of Law, the Nationwide Movement “Yuksalish,” national and international experts will participate in the final conference.
“This is a very important project, which was timely but also challenging to implement during the period of COVID-19 pandemic. The right time to raise awareness around economic, social and cultural rights in particular. This is about accompanying the important reforms of the Government of Uzbekistan, it is about promoting human rights and the rule of law, which is also an important part of our EU Central Asia Strategy,” said H.E. Charlotte Adriaen, Ambassador of the European Union to Uzbekistan.
Ryszard Komenda, Regional Representative of the UN Human Rights Office for Central Asia noted that “this project to promote economic, social and cultural rights in Uzbekistan was and remains highly relevant and needed, including for the dissemination of legal knowledge on human rights among lawyers and representatives of civil society. The implementation of this project during the period of ongoing reforms in the country and participation of UN experts from CEDAW and CRC, makes the project especially effective, unique and timely.”
“Uzbekistan has a solid legal basis to meet its obligations to protect economic, social and cultural rights. But to realize the law’s potential in practice, people whose rights are violated need effective access to the justice system, and the courts need to apply the rights set out in international law,” said Róisín Pillay, Director of the ICJ Europe and Centra Asia Programme.
“We are happy to share our recommendations designed to ensure that people’s economic and social rights, as guaranteed in international law, are protected in practice, including through the justice system. I look forward to discussions with national and international partners during our final event,” she added.
“This project is a clear example of international cooperation of the Supreme School of Judges, which is fully consistent with its priorities. Of course, the implementation of international law on economic, social and cultural rights at the national level in Uzbekistan is one of the most significant national priorities, which requires active interaction between State authorities, the academic and expert community, and of course cooperation with international organizations,” said Khadji-Murod Isakov, the Director of the Supreme School of Judges under the Supreme Judiciary Council of the Republic of Uzbekistan.
Agenda in English
Agenda in Russian
Compilation of papers in Uzbek, Russian and English: Realising economic, social and cultural rights-2021
Contacts:
Ms. Dilfuza Kurolova, ICJ Legal consultant, t: +998 90 9050099 ; e: dilfuza.kurolova(a)icj.org
Ms. Guljakhon Amanova, National Program Officer, Uzbekistan, Regional Office of the UN High Commissioner for Human Rights (OHCHR), e:gamanova@ohchr.org
Mr. Utkir Khalikov, Head of the international department The Supreme School of Judges under the Supreme Judicial council of the Republic of Uzbekistan for Central Asia, e: inter.dep.ssj@mail.ru
The Project is financed by the European Instrument for Democracy and Human Rights (EIDHR) Delegation of the European Union to the Republic of Uzbekistan
Watch the video
Mar 24, 2021 | Advocacy, Non-legal submissions
Today, at the close of the 46th regular session of the UN Human Rights Council in Geneva, the ICJ and other NGOs highlighted key achievements and failures.
The joint civil society statement, delivered by International Service for Human Rights (ISHR) on behalf of the group, outlines the main achievements and shortfalls of this last 46th regular session.
In the statement, the undersigned organisation comment on the engagement of civil society in online sessions, welcome the adoption of the resolution on vaccines and of resolutions to sustain scrutiny and accountability including in Belarus, Iran, Myanmar, Nicaragua, Sri Lanka, South Sudan and Syria. The NGOs have underlined the fact thatover 30 States have united in a long-overdue condemnation of Egypt’s misuse of counter-terrorism measures to imprison peaceful critics, and over 40 States raised concern over the shrinking civic space in Russia.
The civil society organisations have urged the Council to take prompt action on Algeria, Cameroon, China, India, and in Kashmir, and for the upcoming session, to set up an international accountability mechanism on the Philippines, and independent monitoring on pushbacks and other violations faced by migrants and refugees.
The statement is endorsed by:
- International Service for Human Rights;
- Franciscans International;
- Egyptian Initiative for Personal Rights (EIPR);
- International Commission of Jurists (ICJ);
- International Movement Against All Forms of Discrimination and Racism (IMADR);
- Asian Forum for Human Rights and Development (FORUM-ASIA);
- African Centre For Democracy And Human Rights Studies;
- International Federation for Human Rights Leagues (FIDH);
- MENA Rights Group;
- International Lesbian and Gay Association;
- Impact Iran;
- Ensemble contre la Peine de Mort (ECPM);
- Siamak Pourzand Foundation;
- Cairo Institute for Human Rights Studies (CIHRS);
- ARTICLE 19;
- CIVICUS: World Alliance for Citizen Participation.
Read the full statement: UN-JointStatement-UNHRC46-Advocacy-EndOfSession-ENG-2021
Contact:
Massimo Frigo, ICJ UN Representative, e: massimo.frigo(a)icj.org, t: +41797499949
Mar 22, 2021 | Advocacy, Non-legal submissions
The ICJ joined today seven other organisation in a statement before the UN Human Rights Council expressing concern at the systematic human rights violation and the persistent impunity in the Philippines and calling for more accountability.
The joint statement delivered by FORUM ASIA reads as follows:
“Madam President,
Nearly six months since its adoption, Human Rights Council resolution 45/33 offering technical assistance to the Philippines has proven to be utterly insufficient to address the systematic human rights violations and persistent impunity documented in the High Commissioner’s report. The Philippine Government’s policies and actions since the Resolution’s adoption have been completely at odds with the commitments outlined in it.
Extrajudicial killings in the so-called ‘war on drugs’ have continued. To date, the Government has made no tangible progress towards accountability against those most responsible for such killings. In December 2020, the Office of the Prosecutor of the ICC found that there is “reasonable basis to believe that the crimes against humanity” of murder, torture, the infliction of serious physical injury and mental harm, and other inhumane acts were committed between at least 1 July 2016 and 16 March 2019.
Human rights defenders pursuing legitimate work, especially those who advocate for international accountability, including lawyers, continue to be attacked and accused of belonging to terrorist groups. Rights defenders continue to be arrested and jailed. The draconian Anti-terrorism Act, passed last year, exacerbates risks to defenders. The killing of nine human rights defenders and activists on 7 March, two days after President Duterte ordered the police and military to “finish off” and “kill” those purported to be “communist rebels”, illustrates clearly the persistent killings and attacks faced by activists and defenders. It is very clear that no amount of technical assistance or capacity building will end the killings as the President and top government officials continue to incite murder and violence as official policy.
In this context, it is imperative that the Council set up an international accountability mechanism to end the cycle of violence and impunity in the Philippines.
Thank you.”
The statement was endorsed by:
- Amnesty International
- Asian Forum for Human Rights and Development (FORUM-ASIA)
- CIVICUS: World Alliance for Citizen Participation
- Human Rigths Watch
- International Commission of Jurists (ICJ)
- International Federation for Human Rights (FIDH)
- Philippines Alliance of Human Rights Advocates (PAHRA)
- World Organisation Against Torture (OMCT)
Contact:
Massimo Frigo, ICJ UN Representative, e: massimo.frigo(a)icj.org, t: +41797499949
