Venezuela: ICJ calls for international Commission of Inquiry on human rights situation

Venezuela: ICJ calls for international Commission of Inquiry on human rights situation

Today, the ICJ joined 10 other international and Venezuelan human rights organizations to call the United Nations Human Rights Council to establish a Commission of Inquiry (COI) on human rights in Venezuela in its upcoming session in September.

The ICJ considers that an independent COI is necessary given the Venezuelan authorities have been unable or unwilling to pursue effective domestic accountability and the judicial and prosecutorial mechanisms lack independence and impartiality.

In recent years, the ICJ has documented in several reports the lack of judicial independence, the lack of accountability for those allegedly responsible for gross human rights violations, the abuse and misuse of the military jurisdiction, and wide ranging breakdown in the functioning of the rule of law.

The United Nations High Commissioner for Human Rights in her 2019 report has similarly stressed that wide ranging human rights violations had occurred in Venezuela evidenced by the excessive use of force by security forces, attacks on freedom of expression, arbitrary detention and extrajudicial killings, dismantling of checks and balances, and deprivations constituting violations of the right to food and health. In addition, a panel of independent international experts mandated by the Secretary General of the Organization of American States (OAS), mentioned in 2018 “that reasonable grounds exist to believe that crimes against humanity have been committed in Venezuela”.

Commissions of Inquiry have been effectively established by the UN Human Rights Council to assess serious situations of human rights in several countries where there is a need to ensure proper human rights fact finding and ultimately accountability for widespread or systematic human rights violations. These include COIs for Syria, North Korea, Burundi, Yemen, Libya and Eritrea.

The ICJ and the other organizations have emphasized that the Commission of Inquiry that could be established for Venezuela “should be mandated to investigate reports of violations of international human rights law in Venezuela, including but not limited to violations associated with torture and inhuman treatment, arbitrary detention, discrimination, violations of freedom of expression, violations of the right to life and enforced disappearances, as well as violations of the rights to health and food. It should be tasked with establishing the facts and circumstances of violations committed since at least 2014, mapping out patterns of violations and identifying those responsible and, where possible, the chain of command, with a view to contributing to full accountability for all violations including those that constitute crimes under international law (…)”.

Download:

Venezuela-COI final-Advocacy-2019-ENG (full Q&A document prepared by all 11 organizations in PDF)

 

 

Guatemala: ending impunity, rights of indigenous peoples, and migrants (UN statement)

Guatemala: ending impunity, rights of indigenous peoples, and migrants (UN statement)

The ICJ today joined other NGOs in addressing the UN Human Rights Council session in Geneva, on the situation for human rights in Guatemala.

The statement, delivered by Franciscans International on behalf also of ICJ and other NGOs, read as follows (translation of Spanish original):

“We welcome the High Commissioner’s Report concerning the activities of her Office in Guatemala. We share the concerns and recommendations in the report, especially those related to the indigenous peoples, migrants and legislative initiatives that would impact in the full enjoyment of human rights.

As it was highlighted in the report, we are also concerned by the current discussions on the initiative to reform the National Reconciliation Law. This reform would give amnesty to those who committed serious crimes during the armed conflict, including those who have already been convicted. This puts at risk not only the fulfillment of the state’s obligations to end impunity, but also the security and access to justice of hundreds of victims and witnesses. Guatemala should dismiss immediately the initiative and refrain from promoting any other initiative that would promote impunity.

Additionally, the political and social tensions are intensifying towards the upcoming elections, and the inclusion of various groups, especially indigenous peoples, is at risk. Currently there is a low participation and representation of indigenous peoples in the political scene of the country. Out of 178 seats in the Congress, only 18 are occupied by Mayans (from which only two are women). The State must guarantee free participation, without intimidation or threats, of indigenous peoples running for different positions.

Lastly, the regional human rights situation of migrants is aggravating and the response by Guatemala, as evidenced in the last months, shows the lack of an effective policy to deal not only with migrants in transit, but also to create conditions to prevent forced migration of Guatemalans.

We thank the work that the Office of the High Commissioner for Human Rights has done, and we stress the importance of its activities in the country.”

The full statement may be downloaded in English and the original Spanish, in PDF format, here: HRC40-OralStatement-GDitem2-Guatemala-2019-EN-ESP

ICJ call for submissions on the misuse of criminal law in the areas of sexuality, reproduction, drug use and HIV

ICJ call for submissions on the misuse of criminal law in the areas of sexuality, reproduction, drug use and HIV

The ICJ has opened a call for written submissions on the misuse of criminal law in the areas of sexuality, reproduction, drug use and HIV.

In 2016 the UN Secretary General called for the removal of punitive laws, policies and practices that violate human rights, stating that the misuse of criminal law often negatively impacts on health and human rights, particularly in areas of sexuality, reproduction, sex work, drug use and HIV.

Recognizing a need for greater guidance to achieve such law reform, ICJ is seeking inputs for the development of principles to address the detrimental impact on health, equality and human rights of criminalization with a focus on sexuality, reproduction, drug use and HIV.

This is an important opportunity for civil society, academics, law makers, human rights experts, community groups and persons affected by the relevant criminal laws, to provide input, including on the effect of such criminal laws, when and how criminal law should be used, what reforms are needed and what role criminal law should play in the relevant areas.

A background paper providing further information is annexed to the call for written submissions.

The deadline for submissions is the 31st of March 2019.

These submissions will feed into the development of a set of principles to address the detrimental impact on health, equality and human rights of criminalization with a focus on select conduct in the areas of sexuality, reproduction, drug use and HIV.

Please send your submissions, as well as any questions or clarifications, to decrimconsultation@icj.org 

CallforSubmission-DecriminalizationProject-ICJ-2019-2-eng (download the call in English)

CallforSubmission-DecriminalizationProject-ICJ-2019-2-fra (download the call in French)

CallforSubmission-DecriminalizationProject-ICJ-2019-2-esp (download the call in Spanish)

CallforSubmission-DecriminalizationProject-ICJ-2019-2-rus (download the call in Russian)

Venezuela: ICJ Commissioner, Carlos Ayala, challenges effect of Venezuela’s denunciation of the OAS Charter

Venezuela: ICJ Commissioner, Carlos Ayala, challenges effect of Venezuela’s denunciation of the OAS Charter

In a document presented to the Inter-American Commission on Human Rights, ICJ Vice President Carlos Ayala explains that Venezuela’s denunciation of the OAS Charter remains without effect.

In April 2017, Venezuela lodged a notification with the Secretary General of the Organisation of American States (OAS) that Venezuela denounced the OAS Charter in order the withdraw its membership from the organisation.

In a document presented to the Inter-American Commission on Human Rights on 4 December 2018, ICJ Vice President Carlos Ayala explains why the denunciation is unconstitutional and violates binding principles of international law.

According to Professor Ayala, who served as President of the Inter-American Commission between 1996 and 1999, the OAS Charter holds a constitutional status under Venezuela’s domestic law that does not permit withdrawal from the Charter on the basis of political interests.

Additionally, the Charter establishes that it will cease to be in force following a notification of denunciation only after the denouncing State has fulfilled its obligations under the Charter. Since Venezuela is the subject of several pending matters concerning its purported failure to fulfil Charter obligations, its denunciation remains without effect.

Venezuela-OAS denunciation-Advocacy-2018-SPA (see full document, in Spanish)

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