Nov 25, 2017 | Multimedia items, News, Video clips
Over the last year, since 25 November 2016, the ICJ has published a series of (video) profiles introducing the remarkable work of ICJ women Commissioners and Honorary Members.
“The ICJ has a strong focus on the struggle to eliminate violence against women. It is supporting the judiciary, independent civil society organizations and women’s rights defenders, in their work to promote international standards, ensure that victims are made visible and that States understand their responsibilities and obligations. At the same time, the ICJ provides much-needed judicial education on gender-based violence,” said Justice Radmila Dragicevic-Dicic, ICJ Commissioner, member of ICJ’s Executive Committee, and Justice of the Supreme Court of Serbia, on the occasion of 25 November, International Day for the Elimination of Violence against Women.
ICJ Commissioners have been at the forefront of the work to reform justice systems to make it easier for women to take cases of domestic violence to the courts, to punish perpetrators of rape and sexual assault as a war crime, to challenge discriminatory religious and family laws and to support victims of human trafficking and forced prostitution.
The ICJ has also supported judicial training programmes on access to justice for women. In 2016, the ICJ, in collaboration with UN Women, hosted a workshop for representatives from the judiciaries of Indonesia, Philippines, Timor Leste, and Thailand.
The participants of the workshop developed and adopted the Bangkok General Guidance for Judges in Applying a Gender Perspective.
In follow up, for example, the Supreme Court of Indonesia has now issued a Regulation based on the General Guidance, requiring judges to apply a gender perspective as they consider cases before them that involve women’s human rights.
Working in partnership with other organizations and the UN, the ICJ and its Commissioners will continue to work to ensure justice for women and to end gender-based violence.
The video interviews of ICJ women Commissioners and Honorary Members can be accessed here:
Justice Radmila Dragicevic-Dicic has worked on issues of organized crime and human trafficking. In the Serbian Constitution, human trafficking is now categorized as a crime against humanity and is taken very seriously. Radmila highlights the importance of ensuring the non-punishment, safety and protection of victims as well as their right to access compensation.
Prof Jenny Goldschmidt is a former President of the Equal Treatment Commission of the Netherlands and has combined academic research with practical work, with a particular focus on non-discrimination and the concepts of equality. She considers it is vital to take cases to the Treaty Bodies and courts everywhere to establish severe measures against discrimination and domestic violence.
Asma Jahangir is an Honorary Member of the ICJ, and the co-founder of Pakistan’s first all female law firm. She worked on a number of landmark cases including on issues such as whether women could get married without their father’s permission, be entitled to family maintenance or whether women should be judged according to religious law.
Imrana Jalal is a human rights lawyer and gender specialist in the Asian Development Bank in Manila. Imrana helped draft and negotiate the passage of the ground-breaking Fiji Family Law Act, which took twelve years to pass. She considers that in the area of family law, some progress has been made but it is hard because it is based on the premise that women have an equal right to property and this directly confronts social norms.
Hina Jilani is an advocate of the Supreme Court of Pakistan and served as the first UN Special Representative on Human Rights Defenders. She considers domestic violence in Pakistan as a major problem. Although the Pakistani judiciary is traditionally very conservative, Ms Jilani considers there has been progress because women’s rights advocates present cases in such a way as to make the social inequalities and injustices apparent.
Justice Sanji Monageng is a member of the International Criminal Court. She considers that the ICC has not done very well in prosecuting sexual and gender-based violence so far. The new Chief Prosecutor, Fatou Bensouda, has created a policy on sexual violence and gender issues, establishing a dedicated unit. She says is it evident in the cases that now come before her, there is a lot more attention being paid to sexual violence.
Karinna Moskalenko is a Russian lawyer and a founder of the International Protection Centre in the 1990s after Russia had ratified the Optional Protocol to the ICCPR. She explains her work to support women who are much more vulnerable than men, particularly because of the problem of domestic violence.
The former ICJ Vice-President Michèle Rivet was the first President of the Quebec Human Rights Tribunal from 1990 and until 2010. For Michèle, those who work in the field of human rights form a global village and have a duty to help women victims of violence: “we must all walk together on the long march to equality.”
Prof. Leila Zerrougui is Algerian and has served at the Algerian Supreme Court. She worked in the DRC as part of the UN Stabilization Mission and was Special Representative of the Secretary General for Children and Armed Conflict. In the DRC, she established mobile criminal justice system, with an investigator, prosecutor and a mobile court and prison in every Province. In this context, she explained how rewarding it was to see a colonel taken to the village where he and his soldiers had raped women to face justice there.
Nov 24, 2017 | News
As Zimbabwe prepares to swear in Emmerson Mnangagwa following the resignation of long time Zimbabwe President Robert Mugabe, the ICJ today called on the incoming authorities to immediately act to restore the rule of law and ensure the full observance of human rights in the country.
“As the events of the past few days propel Zimbabwe away from decades of authoritarian rule replete with human rights violations, the incoming administration must side with the people of Zimbabwe and seize this unique opportunity to ground its governance in the rule of law,” said Arnold Tsunga, Director of ICJ’s African Regional Programme.
The ICJ indicated that it is particularly concerned at the intrusion of armed forces in the political process and governance, which is prohibited by the Zimbabwean Constitution and contravenes core rule of law principles concerning the respective functions of the military and civilian authorities.
Emphasizing that the rule of law and respect for the national Constitution remain paramount even as Zimbabweans decide on their future, the ICJ called on the Zimbabwean National Army (ZNA) to refrain from any further activity that intrudes into functions of governances that are within the proper purview of civilian authorities.
“It amounts to setting a dangerous precedent for Zimbabwe and the region to allow or excuse such incursions at the whim of armed forces,” Tsunga added.
Under the African Charter on Democracy, Elections, and Governance adopted by African Union Member States, Zimbabwe is required to “institutionalize constitutional civilian control over the armed and security forces to ensure the consolidation of democracy and constitutional order”.
The ICJ further expressed concern at emerging reports of usurpation of police duties by the ZNA, which has allegedly carried out a series of arbitrary arrests and detention of civilians.
“Due process guarantees and fair trial rights are particularly vulnerable when armed forces decide to assume police functions,” Tsunga said.
Recalling that international law does not allow or encourage impunity for serious human rights violations that constitute crimes, such as torture and extra-judicial killings, the ICJ stressed the importance of ensuring accountability for human rights violations as Zimbabwe transits to into a new era of governance.
Contact:
Arnold Tsunga, ICJ-Director Africa Regional Programme, t: +27716405926, or +254 746 608 859 ; e: arnold.tsunga(a)icj.org
Solomon Ebobrah, Senior Legal Advisor, ICJ Africa Regional Programme, t: +234 8034927549 ; e: Solomon.ebobrah(a)icj.org
Nov 23, 2017 | News
Today, the ICJ and Amnesty International submitted recommendations to the Ministry of Justice that changes be made to a new law under consideration by the Cabinet, in order to bring it in line with Thailand’s international legal obligations.
The submission came in response to a request by the Ministry for feedback on the Draft Prevention and Suppression of Torture and Enforced Disappearances Act (‘Draft Act’).
The ICJ and Amnesty International welcome the Thai government’s commitment to criminalize torture and enforced disappearances.
The Draft Act currently addresses many existing gaps in Thailand’s current legal framework.
However, the organizations consider that further amendments are needed to address significant shortcomings in the Draft Act and ensure Thailand’s compliance with international treaties on torture and enforced disappearance and international standards.
Recommendations by the ICJ and Amnesty International addressed the following concerns:
- The absence within the Draft Act of key elements of the crimes of torture and enforced disappearance, as defined by international law;
- The absence of provisions concerning cruel, inhuman and degrading treatment or punishment (CIDT/P);
- The inadequacy of provisions establishing the inadmissibility of statements and other information obtained by torture, CIDT/P and enforced disappearance as evidence in legal proceedings;
- The inadequacy of provisions relating to modes of liability for crimes described in the Draft Act; and
- The shortcoming of provisions concerning safeguards against torture, CIDT/P and enforced disappearances.
The ICJ and Amnesty International urge Thailand to make it a top priority to address these and other concerns, and once they are addressed, to enact the law as soon as possible.
The urgent need to amend and enact the Draft Act is underscored by several NGO reports documenting the persistent use of torture and other ill-treatment by state security forces and the continued failure of the Thai authorities to hold accountable perpetrators of torture, other ill-treatment and enforced disappearances.
The ICJ and Amnesty International remain committed to providing any necessary assistance to the Thai government in amending the Draft Act or otherwise acting to prevent torture and enforced disappearances in Thailand.
In a letter accompanying the submission, the ICJ and Amnesty International also emphasized the crucial importance of maintaining sections within the current Draft Act providing that the prohibitions on torture and enforced disappearances apply in all circumstances, including states of emergency, and prohibiting the forcible transfer of persons to territories where they would face a real risk of torture or enforced disappearances (refoulement).
Background
Thailand is a state party to the International Covenant on Civil and Political Rights and the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment, and has signed, but not yet ratified, the International Convention for the Protection of All Persons from Enforced Disappearance.
The UN expert bodies overseeing the implementation of these treaties have consistently called upon states parties to criminalize torture and enforced disappearance as specific crimes.
On 15 November 2016, Thailand replied to a List of Issues, identified by the UN Human Rights Committee’s noting that it was in the process of passing the Draft Act which would “provide clear definition and set up specific offence on torture to be in line with the terms set forth under CAT” and “serve as an implementing legislation for ICPPED.”
It also asserted that the Draft Act “aims to strengthen the prevention, suppression, and prosecution mechanism and to ensure remedy for victims as well as address the problem of misuse, and abuses of power by government authorities with regard to torture and enforced disappearances.”
In February 2017, the National Legislative Assembly (NLA) announced it would not enact the Draft Act, which was produced by the Ministry of Justice in consultation with non-governmental organizations and other civil society actors.
In March 2017, at the UN Human Rights Committee’s review of Thailand’s compliance with the ICCPR, Thailand confirmed that the Draft Act “had been submitted to the National Legislative Assembly, which had requested the Cabinet to further review the bill, with a view to introducing amendments and launching a public consultation process.”
Contact:
Kingsley Abbott, ICJ Senior International Legal Adviser for Southeast Asia, t: +66 94 470 1345 e: kingsley.abbott@icj.org
Read also
Joint Letter to the Thai Government
Download
Thailand-Torture and ED-Advocacy-nonlegal submission-ENG (Submission in English, pdf)
Thailand-Torture ED Bill-News-THA (statement in Thai, pdf)
Thailand-Torture and ED-Advocacy-nonlegal submission-THA (Submission in Thai, pdf)
Nov 23, 2017 | Agendas, Events, News
The ICJ delivers today and tomorrow a training for judges on asylum, migration and international human rights law, including non-discrimination, organised by OSCE and the Judicial Academy.
The training, that takes place in the capital Belgrade, will be delivered to judges of all level of jurisdiction of Serbian courts.
It will focus on human rights law related to the entry of migrants, including refugees, to the territory of a State, to the State’s obligations on international protection, the rules applicable to detention of foreign national and their rights, and the prohibition of non-discrimination.
Serbia-Training-MIgrationAsylum-OSCEJA-2017-eng (download the agenda in English)
Nov 22, 2017 | News
On 22 November, the ICJ, in collaboration with the Legal Research and Development Center under Chiang Mai University’s Faculty of Law, held a roundtable discussion on “Human Rights Litigation concerning the Special Economic Zones in Myanmar and Thailand”.
The objective of the discussion, held on campus at Chiang Mai University, was to identify legal issues and to share experiences regarding strategic litigation and advocacy strategies concerning human rights violations associated with the development of Special Economic Zones (SEZs) in Thailand and Myanmar.
In recent years, both the Thai and Myanmar governments have been trying to attract foreign direct investment into their countries by demarcating specific areas where special regulations concerning, inter alia, public administration, the environment, land or labour rights might be applied.
Proponents of SEZs tend to link their development with jobs and economic growth, however, there is generally limited publicly available information about their economic or public purpose rationale.
The development of SEZs, which requires a lot of land, can undermine the protection of human rights and the rule of law by creating governance structures and permitting processes less stringent than that required under national and international law.
Participants at the discussion included postgraduate students and lecturers from Chiang Mai University’s Faculty of Law, lawyers and representatives from Thai civil society organisations.
The ICJ shared with participants its report analysing the legal framework of SEZs in Myanmar and human rights concerns arising from a case study of Kyauk Phyu SEZ, ‘Special Economic Zones in Myanmar and the State Duty to Protect Human Rights’, during the discussion.
The speakers at the discussion were:
· Sean Bain, ICJ International Legal Advisor, Myanmar
· Sumitchai Hattasan, Director, Center for Protection and Revival of Local Community Rights
· Supaporn Malailoy, EEC Watch, Human Rights and Environmental Lawyer