Jul 1, 2016 | Feature articles, News
A feature article by U Hayman Oo, ICJ Legal Researcher in Yangon, Myanmar.
In a recent meeting with Chinese ambassador to Myanmar and villagers, organized in Kyauk Phyu, a villager from Gone Shein Village asked the ambassador to help address the damages caused to their farmland by the Shwe Gas Pipeline Project that began five years ago.
She also expressed doubts that the Kyauk Phyu Special Economic Zone (Kyauk Phyu SEZ) would benefit villagers amid all the unresolved disputes.
Given such disputes, local people are not optimistic about the upcoming development of the Kyauk Phyu SEZ.
They perceive that the project will be a ‘loss’ rather than a ‘gain’ for them.
Most of the local population of farmers fear that the project will be a disaster to their livelihood along with massive land losses.
On a recent trip to Kyauk Phyu by the International Commission of Jurists (ICJ), community members, including local MPs and lawyers, reported their concerns that a second round of such abuses will be experienced, this time even worse, during development of the Special Economic Zone planned for the area, despite promises from the Government that the development will be environmentally sustainable and bring socio-economic benefits to the region.
In fact, Special Economic Zone can contribute to the country’s economy and help benefit the welfare of its people – but only if sound policies of sustainable development in compliance with human rights are in place.
Otherwise, massive economic projects of this kind risk large-scale adverse environmental, social and human rights impacts.
Kyauk Phyu residents know very well how foreign investments can be harmful for the community when investors fail to comply with local laws as well as international standards, because of their experience with the Shwe Gas Project, a Myanmar-China pipeline.
The Gas Pipeline project was notorious for reported labour abuses, and claims of inadequate compensation for land confiscation, arrest and detention of community leaders and loss of community livelihoods and environmental degradation.
Villagers still frequently take to the street demanding for the damages caused to their farmland to be addressed, in the absence of a proper grievance mechanism.
With these prevailing experiences in mind, local residents were alarmed when authorities reportedly measured about 250 acres for the SEZ around Kathapray, Krat Tein, and Thaing Chaung village tracts in Kyauk Phyu, raising more concerns of land acquisition and compensation.
Locals complain that there was no transparent discussion over compensation for this potential land acquisition.
Villagers from Pyai Sate Kay village reportedly lost about 40 acres of farmland to the construction of a reservoir.
Although, the compensation were made for 5.1 acre of farmland, the rest of grazing land was not compensated according to a report from a villager.
There were also complaints that the compensation was neither a current market price nor a sufficient amount of money for them to be able to buy a similar size of land for cultivation.
He also complained that the Government promised to provide replacement land, but that this has not yet happened.
A total of over 70 acres of land was also apparently acquired for another reservoir under construction near Thai Chaung village.
Compensation was only paid for the farmland acreas occupied for the construction excluding land affected by the access to the reservoir.
“We were compensated but the land we lost were not measured properly. The amount paid was only on the basis of approximation. The land we lost should have been measured carefully to pay for the compensation,” said Ko Tun Nu from Thaing Chaung village.
It is reported that these reservoirs were constructed with the purpose of water supply for the SEZ project.
Furthermore, villagers from Ohn Taw and Pyai Sate Kay also reportedly lost a total of 220 acres of land when it was allocated for construction of a police station between the villages.
Although generally the purpose of the security force stationed there is for the security of the township, local people suspect that this increased security presence is instead in preparation to meet the security demands for the planned SEZ project.
There has apparently been no discussion over compensation. It is also questionable whether this volume of land is necessary for the construction of a police station.
According to the Special Economic Zone Law 2014, the Ministry of Home Affairs is responsible for land acquisition in the area of a SEZ in accordance with existing laws and regulations.
It also imposes duties on the investors and developers to bear the expenses of compensation and relocation and to ensure that the standard of living of affected persons does not fall below their original living standard.
The new NLD-led Government has inherited ample land-related problems and has prioritized dealing with these issues.
On May 5th, the Government formed the ‘Central Committee for the Review of the Acquisition of Farmland and Other Land’ in order to combat nation-wide land disputes.
The Committee’s responsibilities include investigation of compliance with existing laws by relevant authorities.
The President has also instructed that all land acquisition cease until all existing land disputes are resolved.
In addressing those issues, it is important that international standards such as Basic Principles and Guidelines on Development Based Eviction and Displacement are integrated into national policies and regulations.
Only then will such projects ensure the protection of the rights and livelihood of communities and the promotion of responsible business in the country.
Myanmar-Kyauk Phyu SEZ-News-Op-eds-2016-BUR (Full text in Burmese, PDF)
Jun 30, 2016 | News
The Pakistani Government should not extend the oppressive and ineffective Protection of Pakistan Act (POPA), which is set to expire on 15 July 2016, said the International Commission of Jurists (ICJ) today.
POPA was enacted in July 2014 for a period of two years to combat “waging of war or insurrection against Pakistan” and to provide “speedy trial” for offences “threatening the security of Pakistan”.
Earlier this week, the Ministry of Interior confirmed that it planned to renew POPA for another two years.
“In these two years, not one suspect has been convicted under POPA, so we can conclude that the law doesn’t really protect people in Pakistan from terrorism and other violent acts, but instead it undermines their basic human rights protections,” said Sam Zarifi, ICJ’s Asia director.
“The Government’s plan to renew this hastily drafted law is a classic case of supposedly ‘temporary’ departures from normal legal processes and human rights protections on the basis of ‘exceptional” circumstances’ becoming a permanent part of the legal system.”
In a statement issued shortly after the Protection of Pakistan Act was enacted, the ICJ warned that POPA gives military and law enforcement authorities sweeping powers to detain individuals in contravention of Pakistan’s international human rights law obligations.
The law allows prolonged preventive administrative detention without adequate safeguards; retrospectively authorizes otherwise arbitrary or unlawful arrests or detentions; authorizes secret and unacknowledged detention; and gives law enforcement agencies broad powers to “shoot at sight”.
In addition, the law creates “special courts” to try scheduled offences under the Act. Procedures for the operation of these “special courts” allow for secret hearings and do not meet international standards for fair and public criminal proceedings before a competent, independent and impartial tribunal.
According to Government officials, the Ministry of Interior has cleared “hundreds of cases of peace disrupting elements” for trial before the “special courts” constituted under POPA.
The five “special courts” remained non-functional for many months because of lack of staff and other facilities. The courts are now functional, but have so far not concluded a single trial.
“POPA is not only an oppressive law, it has also proven to be completely ineffective,” added Zarifi. “Instead of renewing the law, the Government should focus on strengthening the existing criminal justice system, which is suffering because of years of neglect.”
Political groups, including the Muttahida Qaumi Movement (MQM) and the Pakistan People’s Party (PPP), have alleged that the unfettered powers given to civilian and military law enforcement agencies under POPA are being used to target their workers for political activity and association. They say the law has been used to arbitrarily detain dozens of their activists.
“Pakistan faces a genuine threat from militant groups engaging in acts of terrorism, and the Pakistani Government has an obligation to protect all people from such attacks,” said Zarifi. “International law gives governments reasonable flexibility to combat terrorism, without contravening human rights obligations, and claims of ‘threats to national security’ can never be used as a justification for the practice of extrajudicial killings, secret detention, and enforced disappearance.”
The ICJ urges the Pakistani authorities not to extend POPA.
It further calls on the authorities to review all national security legislation to ensure it is fully compatible with international human rights law and standards.
Contact:
Sam Zarifi, ICJ Asia Pacific Regional Director (Bangkok), t: +66 807819002; e: sam.zarifi(a)icj.org
Reema Omer, ICJ International Legal Adviser for Pakistan (London), t: +44 7889565691; e: reema.omer(a)icj.org
Jun 25, 2016 | Advocacy
The ICJ today published a General Guidance aimed at assisting judges and others in the justice sector to effectively incorporate a gender perspective in their work.
The General Guidance is especially significant as it reaffirms that customs and traditions should not be invoked to justify discrimination against women.
The Bangkok General Guidance for Judges in Applying a Gender Perspective was discussed and adopted by judges from Philippines, Thailand, Timor Leste, and Indonesia, at a gathering in Bangkok from 24 to 25 June 2016, hosted by the ICJ and UN Women.
During the workshop, judges from the four Southeast Asian countries deliberated extensively how best to assist judges in employing a gender perspective in deciding cases before them.
“The Bangkok General Guidance can make a powerful contribution towards achieving gender equality under the law in Southeast Asia,” said Sam Zarifi, Regional Director for Asia and the Pacific at the ICJ. “It is crucial that judges now work to implement this General Guidance in their home countries.”
The idea to initiate the development of th Bangkok General Guidance emerged from the ASEAN Regional Dialogue on Judging with a Gender Perspective, which was held in Jakarta, Indonesia in 2015.
The Supreme Court of the Philippines offered to take the lead on the project during that regional judicial dialogue.
“Women have a right to equal treatment and equal protection and non-discrimination under the law. It is our responsibility as judges to ensure that women receive equal treatment in law and in practice,” said Justice Teresita de Castro of the Supreme Court of the Philippines.
Judges attended several sessions over the course of the two-day workshop, participating in exercises focused on identifying and addressing gender stereotypes.
“Women in the region face many obstacles in accessing justice,” said Roberta Clarke, Regional Director for Asia and the Pacific at UN Women.
“But judges may be either unaware of these issues or unsure how to address these issues through the legal process,” she added.
The Bangkok General Guidance will make judges aware of means to consider evidence without resorting to gender stereotypes and decide cases based on the principle of equality recognized under international human rights standards, including the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW).
Recommendations for institutional policies that should be adopted by courts to help them become more gender sensitive and gender responsive are also set out in the General Guidance.
Contact:
Emerlynne Gil, Senior International Legal Adviser for Southeast Asia, t: +66840923575 ; e: emerlynne.gil@icj.org
Southeast Asia-Bangkok-Guidance-Advocacy-2016-ENG (full PDF, in English)
Southeast Asia-Bangkok-Guidance-Advocacy-2016-BUR (full PDF, in Burmese)
Southeast Asia-Bangkok-Guidance-Advocacy-2016-MON (full PDF, in Mon language)
Southeast Asia-Bangkok-Guidance-Advocacy-2016-SHAN (full PDF, in Shan language)
Jun 24, 2016 | Advocacy
The ICJ, International IDEA (Australia) and the Office of the United Nations Resident Coordinator in Thailand have collaborated to produce an unofficial translation of the draft Constitution of Thailand which is scheduled to be the subject of a national referendum on 7 August 2016.
The original Thai text as formally published by the Royal Thai Government shall in all events remain the sole authority having legal force.
Thailand-Draft-Constitution-EnglishTr-Advocacy-2016-ENG (full text in PDF)
Contact
Sam Zarifi, ICJ Regional Director for Asia and the Pacific, t: +66807819002; e: sam.zarifi(a)icj.org
Kingsley Abbott, Senior International Legal Adviser, t: +66 94 470 1345; e: kingsley.abbott(a)icj.org
Jun 24, 2016 | News
The ICJ conducted a research mission to Azerbaijan on 20-23 June, to assess the situation of lawyers in the country, in light of concerns about recent criminal and disciplinary proceedings against lawyers.
During the mission the ICJ met with lawyers and legal experts to discuss the governance of the legal profession, including questions of access to the profession, the need for sufficient numbers of qualified lawyers to provide effective access to justice, and the role of the bar association in protecting lawyers against harassment or interference in their work.
In the course of the mission the ICJ met with several lawyers against whom disciplinary proceedings had been initiated, or who had faced criminal or other sanctions. Many of these lawyers have been prominent in bringing human rights cases before the national and international courts.
On 23 June, ICJ representatives observed a hearing in the case of lawyer Alaif Ghasanov before the Baku Administrative Economic Court no.1, in which he is challenging his disbarment.
The ICJ will publish a report of the mission with recommendations to address harassment of lawyers and for reform of the governance of the legal profession.
