Mar 1, 2021 | Advocacy, Non-legal submissions
The ICJ today addressed the UN Human Rights Council in the General Debate on the Report of the Office of the High Commissioner for Human Rights on the impact of the coronavirus disease (COVID-19) pandemic on the enjoyment of human rights around the world, including good practices and areas of concern.
The statement reads as follows:
Madam High Commissioner,
The ICJ welcomes your important report on the impact of COVID-19 on human rights.
We consider that an additional critical issue is the importance of access to justice in the realization of all rights, and, particularly, State failures in ensuring human rights compliant access to COVID-19 vaccines.
For instance, Tanzania, Burundi, Eritrea and Madagascar have failed even to attempt to acquire vaccines, and South Africa not yet begun to roll them out to the general population. Zimbabwe has failed to communicate vaccine acquisition and roll out plans.
In Colombia there is an alarming increase of killings and death threats against human rights defenders in some municipalities which could create barriers in accessing the COVID-19 vaccine.
The ICJ is concerned that Guatemala, El Salvador and Costa Rica reportedly intend to inhibit access to vaccines to undocumented non-citizens, in violation of their obligation of non-discrimination.
Finally, many States continue to fall short of their international cooperation and assistance obligations by not endorsing the WHO’s COVID-19 Technology Access Pool, and South Africa and India’s waiver proposal to the WTO’s Trade Related Aspects of Intellectual Property Rights Council.
The ICJ calls on the Human Rights Council to remind States of their duty to ensure effective access to justice for violations of human rights, including the right to health.
I thank you”
Contact:
Massimo Frigo, ICJ UN Representative, e: massimo.frigo(a)icj.org, t: +41797499949
Feb 25, 2021 | Advocacy, Non-legal submissions
The ICJ today addressed the UN Human Rights Council in the Enhanced Interactive Dialogue on the Report of the Office of the High Commissioner for Human Rights on the situation of human rights in Belarus in the context of the 2020 presidential election.
The statement reads as follows:
“Madam President,
The International Commission of Jurists welcomes the High Commissioner’s report on the situation of human rights in Belarus (A/HRC/46/4).
The ICJ stresses the need to address the systemic issues underlying unfair trial, arbitrary detention, torture, other ill-treatment and enforced disappearance in Belarus. In particular, it is crucial to ensure an independent judiciary and bar association.
Without comprehensive reforms to these institutions, there is little prospect of fair trial, or of effective remedies or accountability for the widespread human rights violations occurring after the 2020 election.
The ICJ is alarmed at recent arrests and disbarments of lawyers in connection with the protests. Disbarred lawyers include Aleksandr Pylchenko as well as Liudmila Kazak, the fourth lawyer of Maria Kolesnikova, a detained opposition figure, to have suffered consequences as a result of their professional activities. Furthermore, criminal cases have been initiated against lawyers Ilya Saley and Maxim Znak.
We call on the Human Rights Council to establish a mechanism to collect and preserve evidence, identify perpetrators, and support accountability for gross human rights violations in Belarus.
The Council should further call on Belarus to
- promptly and fully implement the High Commissioner’s recommendations;
- co-operate with and facilitate access of the Special Rapporteur to the country;
- uphold the independence of judges and lawyers, in accordance with international law and standards.
I thank you.”
Contact:
Massimo Frigo, ICJ UN Representative, e: massimo.frigo(a)icj.org, t: +41797499949
Feb 25, 2021 | Advocacy, Non-legal submissions
The ICJ today addressed the UN Human Rights Council in the Interactive Dialogue on the Report of the Office of the High Commissioner for Human Rights on Promoting reconciliation, accountability and human rights in Sri Lanka.
The statement reads as follows:
“Madam President,
The ICJ welcomes the comprehensive OHCHR report on Sri Lanka.
We share OHCHR’s observation that domestic initiatives for accountability have repeatedly failed to produce results, ‘more deeply entrenching impunity, and exacerbating victims’ distrust in the system.’ [A/HRC/46/20, pp. 52]
The ICJ has continuously observed that Sri Lanka’s incapacity and unwillingness to pursue accountability for crimes under international law is deep-rooted and longstanding.
The extensive militarization of civilian functions, the reversal of constitutional safeguards, the obstruction of the rare cases of domestic criminal accountability and the deteriorating human rights situation all point to a systemic culture of impunity that will only worsen in the years to come.
Sri Lanka’s failure to establish a hybrid accountability mechanism in the five years since the adoption of Resolution 30/1 demonstrates a complete lack of political will to hold perpetrators accountable. The rights of the victims of human rights violations cannot be ignored any longer.
The ICJ endorses all of OHCHR’s recommendations, particularly the call for international and external accountability processes, whether before the ICC or through the exercise of universal jurisdiction by other States.
We further call for enhanced monitoring and reporting on the ground situation and for the establishment of a mechanism for the collection and preservation of evidence for future prosecution.
Madam High Commissioner, how can OHCHR ensure that the victims’ call for accountability is effectively fulfilled?
I thank you.”
Contact:
Massimo Frigo, ICJ UN Representative, e: massimo.frigo(a)icj.org, t: +41797499949
Feb 17, 2021 | Advocacy, Non-legal submissions
The ICJ, together with ARTICLE 19, today addressed the Advisory Committee of the UN Human Rights Council on its work on “negative effects of terrorism on the enjoyment of human rights”. They called on the Committee as it finalizes its report to resist attempts to deviate from the human rights focus at the core of its mandate.
The joint statement read as follows:
“The International Commission of Jurists (ICJ) and ARTICLE 19 welcome the opportunity to engage in this discussion of the draft report on the negative effects of terrorism on human rights.
Given that we have not been able to review the current draft report, we must reiterate our call previously stated during the 24th session to consider the broader context into which this report will be delivered.
We ask the Committee to maintain its focus on the primary objectives of preventing and addressing human rights violations resulting from counter-terrorism measures, and promoting and ensuring protection of the human rights of victims of terrorism. This has been the longstanding focus of the Human Rights Council, despite the efforts of a few states to divert its attention away from core human rights concerns.
Any report addressing the “negative effects of terrorism” should maintain this focus, consolidating the extensive work already done in this regard by successive Special Rapporteurs and other UN and regional entities, as collected in the compilation published by the ICJ in 2019.
The report must not enable the diversion of precious attention and resources to more diffuse questions of impacts of a macro-economic or similar character, in respect of which a human rights-based approach has little to add in terms of concrete recommendations or guidance to States.
The ICJ and ARTICLE 19 share and endorse the positions set out in the recent report of the Special Rapporteur to the UN Human Rights Council as they relate to the effects of terrorism on the promotion and protection of human rights (UN Doc. A/HRC/46/36).
We agree with the Special Rapporteur’s observation that “reflection on the enjoyment of economic, social and cultural rights in the terrorism and counter-terrorism arenas has been understated” (para. 32).
As the Special Rapporteur has stated, however, “there is no legal basis to view the State as primary victim of terrorism through the economic costs that may be experienced from acts of terrorism”.
Two principles, in this respect, should be reinforced: individuals and peoples are the primary rights holders under human rights law, and States have to carry out the legal obligations prescribed by international human rights law. Any confusion or suggestions otherwise may serve to undermine human rights law.
We agree with the Special Rapporteur that the lack of precise definition in terrorism and counter-terrorism and the blurring of lines between counter-terrorism and international humanitarian law will have a pernicious effect and will seriously tarnish human rights protection.
As highlighted before, we also concur that any work on effects of terrorism must be centred on the human rights of victims of terrorism, on the duty under international human rights law of all States to prevent, protect, investigate and redress any abuse to human rights.
We urge the Advisory Committee to include a clear recommendation to the Council that the exclusive focus of the Council’s work remain on violations in countering terrorism and a human-rights based approach to victims of terrorism.
We call on the Committee to recommend against the Council entering into more diffuse macroeconomic issues.
We urge you to affirm that the existing and longstanding normative and institutional framework on counter-terrorism and human rights is already sufficient to address relevant impacts of terrorism from a human rights perspective.
Thank you.”
For further information contact:
Massimo Frigo, ICJ UN Representative, massimo.frigo@icj.org – +41797499949
Anna Oosterlinck, Head of UN, ARTICLE 19, annaoosterlinck@article19.org
Feb 17, 2021 | News, Non-legal submissions
In a joint letter to the President of the Lawyers Council of Thailand, the ICJ and Lawyers for Lawyers raised concerns on the disbarment proceeding against Mr. Anon Nampha, a lawyer and human rights defender. The organisations believe that the proceedings unduly interfere in his work as a lawyer and serves to impair the exercise of his human rights, including the right to freedom of expression.
Dear President of the Lawyers Council of Thailand,
Re: Disbarment Proceedings Against Mr. Anon Nampha
Lawyers for Lawyers is an independent and non-political foundation that seeks to promote the proper functioning of the rule of law by pursuing freedom and independence of the legal profession.
International Commission of Jurists (ICJ), a global non-governmental organization composed of 60 eminent judges and lawyers, works to advance understanding and respect for rule of law as well as the legal protection of human rights throughout the world.
We write to your office concerning the disbarment proceeding against Mr. Anon Nampha, a lawyer and human rights defender, that is taking place before the Investigative Committee that was established by the Committee on Professional Ethics of the Lawyers Council of Thailand during the Meeting No. 1/2564 on 13 January 2021. We are concerned that the proceeding unduly interferes in his work as lawyer, including in representation of clients, and serves to impair the exercise of his human rights, including the right to freedom of expression.
According to our information, we understand that the proceeding against lawyer Anon Nampha is related to a complaint motion filed to the Lawyers Council of Thailand on 7 August 2020 by Mr. Aphiwat Khanthong, Assistant Minister in the Office of the Prime Minister, claiming to be acting in his capacity as a private attorney at Or Amporn Na Takua Tung and Friends Law Office. Mr. Aphiwat Khanthong alleged that lawyer Anon Nampha’s behaviour violated the Lawyers Council of Thailand’s disciplinary rules as, he claims, it would “incite, intend to cause unrest, distort information and insult on the monarchy”. The alleged speech in question apparently called for reform of the monarchy, during a Harry Potter-themed protest at the Democracy Monument on Ratchadamnoen Avenue on 3 August 2020.
Under international law and standards, lawyers, like other individuals, enjoy the right to freedom of expression, belief, association and assembly. A lawyer should be able to draw the public’s attention to issues relating to public affairs in their official capacity as well as in their private capacity. Suspensions or revocations of lawyer licenses as a result of exercise of their legitimate rights and freedoms do not only impact on the exercise of the rights of the lawyers, but also on the rights of their clients to be represented by the lawyer of their choosing.
Download the full letter in English and Thai.
Feb 12, 2021 | Advocacy, Non-legal submissions
The ICJ today addressed an emergency Special Session of the UN Human Rights Council on Myanmar, outlining violations to human rights and the rule of law occurring in the country since the coup d’état of 1 February.
The Special Session is expected to adopt a resolution to address “The human rights implications of the crisis in Myanmar.”
The ICJ statement read as follows:
“Madame President,
The International Commission of Jurists condemns the Myanmar military’s unlawful seizure of authority and the unconstitutional declaration of a state of emergency on 1 February.
These actions defy core rule of law principles and provide an illegitimate basis for the suspension and erosion of human rights.
Nearly 200 people, including human rights defenders, have been arbitrarily detained, some in unknown locations. Security forces have used excessive force against peaceful protesters, causing serious injuries.
Regulations imposed pursuant to the state of emergency grant military forces nearly complete impunity. Furthermore, these regulations suspend crucial judicial remedies for violations of rights, such as the writ of habeas corpus.
Judges, including from the Supreme Court, have been illegally removed and replaced, undermining the independence of an already embattled judiciary.
The military takeover further endangers the already grave situation of the Rohingya community.
The ICJ calls on the Human Rights Council to urge the military to immediately return authority to the civilian government and allow immediate access to the Special Rapporteur on Myanmar and other special procedures, the OHCHR, and the Independent Investigative Mechanism for Myanmar, whose mandate includes investigating all serious human rights violations.
Member States should take necessary measures to ensure truth, justice and accountability for crimes under international law, including by supporting all relevant accountability mechanisms.
Thank you.”
