At UN, ICJ highlights Egypt’s attacks on the independence of lawyers

At UN, ICJ highlights Egypt’s attacks on the independence of lawyers

Today at the UN Human Rights Council, the ICJ together with the Tahrir Institute for Middle East Policy, drew attention to ongoing attacks on the independence and role of lawyers in Egypt.

The ICJ made the oral statement during the general debate on country situations of concern, speaking on behalf also of the Tahrir Institute for Middle East Policy. The statement read as follows:

“The International Commission of Jurists (ICJ) and the Tahrir Institute for Middle East Policy draw the Council’s attention to the continuing deterioration of the situation for human rights and the rule of law in Egypt.

Today our organizations published a new report, Targeting the Last Line of Defense: Egypt’s Attacks against Lawyers, to be followed by a virtual side event on 30 September.

As the last line of defense against the government’s sustained and broad crackdown on human rights and fundamental freedoms, Egypt’s lawyers have been increasingly and systematically targeted by authorities. Since 2018, at least 35 lawyers have been arrested and arbitrarily detained for their legal defense work and exercise of fundamental freedoms.

Lawyers have been subject to arbitrary arrest and detention, physical assault, torture and other ill-treatment, and enforced disappearances, as well as unfounded and politicized criminal proceedings based on charges under grossly overbroad criminal laws on “terrorism,” “spreading false news,” and “misusing social media.” Arrests of lawyers spiked in the wake of the September 2019 protests. Arrests continue despite the risk of a COVID-19 outbreak in detention facilities.

The ICJ and Tahrir Institute call on Egyptian authorities to end these violations of the rights and role of lawyers, to take measures to protect the independence of the Bar Association, and to amend all relevant legal frameworks in line with Egypt’s constitution and international human rights law and standards.

Thank you.”

The full statement can be downloaded (PDF) here: UN-Advocacy-Egypt-HRC45-2020

For more information, contact: un@icj.org

 

At Human Rights Council, NGOs call for monitoring mechanism on China

At Human Rights Council, NGOs call for monitoring mechanism on China

At the UN Human Rights Council, the ICJ and other NGOs have highlighted the joint civil society call for an international human rights monitoring mechanism on China.

The oral statement was delivered on behalf of the group of NGOs by Human Rights Watch, during the general debate on country situations. The statement builds on a joint open letter by more than 300 civil society organizations, including the ICJ, issued earlier this month.

The statement to the Human Rights Council read as follows:

“We join together to call for an international mechanism to address the Chinese government’s human rights violations, and urge the Human Rights Council to take decisive action to achieve this goal.

On 26 June 2020, an unprecedented 50 United Nations experts called for ‘decisive measures to protect fundamental freedoms in China.’ They highlighted China’s mass human rights violations in Hong Kong, Tibet, and Xinjiang,  suppression of information in the context of the Covid-19 pandemic, and attacks on rights defenders, journalists, lawyers and critics of the government across the country.

Our organizations are also concerned about the impact of China’s rights violations world-wide. China has targeted human rights defenders abroad, suppressed academic freedom in countries around the world, and engaged in internet censorship and digital surveillance. We deplore China’s promotion of rights-free development and the ensuing environmental degradation at the hands of government-backed extractive industries, as well as the racist treatment of people in China, or by Chinese state actors in other parts of the world.

We are dismayed at China’s efforts to distort the mandate of the UN Human Rights Council by promoting  ‘cooperation’ over accountability, and opposing initiatives to bring scrutiny of serious rights violations and international crimes in countries around the world. It has used its seat on the UN’s NGO Committee to baselessly deny accreditation to nongovernmental organizations (NGOs), while accrediting government-organized NGOs (GoNGOs). It has sought to deny access to human rights defenders to UN premises, denounced speakers on NGO side events as ‘terrorists,’ and threatened delegates to deter them from attending UN side events on rights violations, including abuses in Xinjiang.

When the UN High Commissioner for Human Rights, Special Procedures, and dozens of states urged China to comply with international human rights standards, China contended that they were ‘improper remarks’ that ‘grossly interfered’ with China’s sovereignty.

A state that tries to hold itself above any kind of scrutiny presents a fundamental threat to human rights.  That China—a state with extraordinary global power—expects such treatment affects us all.

We therefore endorse the call by UN experts for a Special Session or Urgent Debate at the Human Rights Council to evaluate the range of violations by China’s government, and to establish an impartial and independent UN mechanism to closely monitor, analyze, and report annually on that topic.  We urge the UN Secretary-General to appoint a Special Envoy, consistent with his Call to Action on Human Rights, and we call on the High Commissioner for Human Rights to fulfil her independent mandate to monitor and publicly report on China’s sweeping rights violations. We support the call that UN member states and UN agencies use all interactions with Chinese authorities to insist that the government comply with its international human rights obligations.

In the spirit of global solidarity and partnership, we urge the Council swiftly to counter and remediate grave human rights violations committed by Chinese authorities. No state should be above the law.”

 

Philippines: NGOs urge Human Rights Council to take effective action

Philippines: NGOs urge Human Rights Council to take effective action

The ICJ has joined other NGOs in urging the UN Human Rights Council to respond effectively to the crisis for human rights in the Philippines.

The joint oral statement was delivered by the World Organization against Torture (OMCT) on behalf of the group of international and Philippino NGOs, during a general debate on country situations. It read as follows:

“Madam President,

I speak on behalf of 35 organisations, deeply concerned by the situation in the Philippines. We urge this Council to respond credibly to the grave findings and recommendations of the recent OHCHR report.

Developments since that report indicate further deterioration, with ongoing incitement to kill by the President, the promotion of an architect of the anti-drug strategy to police chief, the passing of an overbroad anti-terror law ripe for abuse, the conviction of journalist Maria Ressa and shutdown of media network ABS-CBN, the murder of activists and a journalist and a new spike in police killings.

In terms of cooperation, the Philippines refused access to OHCHR in the preparation of the report and continues to bar entry to Special Procedures. The Secretary-General and High Commissioner have raised significant concerns over reprisals. The Government does not acknowledge widespread and systematic killings as a problem, in fact it encourages them and rejects the OHCHR’s findings. Serious violations continue.

The Government’s announced Inter-Agency Panel lacks any transparency and directly involves branches of Government implicated in these abuses. As such, it clearly cannot satisfy international standards of independence,[1] nor can it be seen as credible or safe for victims to engage with.

Madam President,

Our organisations have urged and continue to urge this Council to launch an independent international investigation.

The High Commissioner has clearly asked the Council to renew her mandate to monitor and report on the wider situation, as well as to provide technical cooperation to “implement the report’s recommendations,” and “continue to pursue accountability”. We urge this Council – at absolute minimum – to ensure continued monitoring and reporting on all aspects of the situation as clearly recommended by the High Commissioner. Anything less would not only be an insult to victims and their families, but send a green light to perpetrators that they can continue with impunity, with disastrous consequences on the ground.

Thank you.”

Co-signatories:

  1. Action Network Human Rights Philippines (AMP)
  2. Amnesty International
  3. Article 19
  4. Child Alert Mindanao
  5. Children’s Legal Rights and Development Center (CLRDC)
  6. CIVICUS Alliance
  7. Coalition Against Summary Executions
  8. Families of Victims of Involuntary Disappearance (FIND)
  9. Franciscans International
  10. Franciscan Sisters of the Immaculate Conception
  11. Free Legal Assistance Group (FLAG)
  12. Freedom House
  13. Harm Reduction International
  14. Human Rights Watch
  15. In Defense of Human Rights and Dignity Movement (iDEFEND)
  16. International Coalition for Human Rights in the Philippines (ICHRP)
  17. International Commission of Jurists
  18. International Drug Policy Consortium
  19. International Federation for Human Rights (FIDH)
  20. International Service for Human Rights
  21. Karapatan Alliance Philippines
  22. Medical Action Group
  23. National Union of Journalists of the Philippines
  24. Network Against Killings in the Philippines (NakPhil)
  25. Partnership Mission for People’s Initiatives (PMPI)
  26. Philippine Alliance of Human Rights Advocates (PAHRA)
  27. Philippine Misereor Partnership Inc. (PMPI)
  28. Philippine Human Rights Information Center
  29. Salinlahi Alliance for Children’s Concerns
  30. Swiss Catholic Lenten Fund (SCLF)
  31. Tambayan
  32. The Asian Forum for Human Rights and Development (FORUM-ASIA)
  33. Task Force Detainees of the Philippines
  34. World Council of Churches
  35. World Organisation Against Torture (OMCT)

[1] See for instance the UN Principles on the Effective Prevention and Investigation of Extra-legal, Arbitrary and Summary Executions, adopted by the Economic and Social Council in its resolution 1989/65 of 24 May 1989; and Human Rights Committee, General Comment no. 36 on the right to life (article 6).

Disappearances and procedural guarantees in Turkey and Tajikistan (UN Statement)

Disappearances and procedural guarantees in Turkey and Tajikistan (UN Statement)

At the interactive dialogue with the Working Group on Enforced and Involunatary Disapparances during the UN Human Rights Council in Geneva, the ICJ has called on Tajikistan and Turkey to comply with the recommendations by the Working Group and to end practices of abduction and forced return.

The Chair of the Working Group on Enforced and Involuntary Disapperances in his replies to the questions pressed Turkey to implement the recommendations of the Working Group’s report.

The oral statement read as follows:

Mr Vice-President

The International Commission of Jurists (ICJ) welcomes the report by the Working Group on the follow up of its recommendations on its visit to Turkey (A/HRC/45/13/Add.4) and shares its concerns at the lack of implementation by the Turkish authorities and at the State-sponsored practice of “abductions and forced returns” (para 8). The ICJ agrees with the Working Group that a critical factor that fosters impunity in Turkey is “the lack of judicial independence and impartiality” (para 17).

The ICJ also welcomes the Working Group’s report on Tajikistan (A/HRC/45/13/Add.1). The ICJ shares its concern at the forcible return of Tajikistan nationals to the country, involving enforced disappearances (para 53), the harassment of  lawyers (para 9) including the lengthy imprisonment of Buzurgmehr Yorov and Nuriddin Makhkamov, the obstruction of lawyers’ access to detainees, and inadequate judicial review of detention (para 47).

The ICJ urges both countries to fully implement the recommendations of the Working Group and particularly:

  • on Tajikistan, to end forced return of their nationals, and to ensure prompt and confidential access to lawyers for detainees and prompt and independent judicial review of detention.
  • on Turkey, to stop all practices of abduction and forced return from other countries and to restore the independence of its judiciary.

 

ICJ and IBAHRI call on Belarus to comply with its international human rights obligations (UN Statement)

ICJ and IBAHRI call on Belarus to comply with its international human rights obligations (UN Statement)

At a special session of the UN Human Rights Council in Geneva, the ICJ and IBAHRI have called on Belarus to comply with its international human rights obligations, including by releasing those arbitrarily detained and ceasing abusive prosecutions as well as harassment of lawyers.

The oral statement read as follows:

“Madame President,

The International Commission of Jurists (ICJ) and the International Bar Association’s Human Rights Institute (IBAHRI) are concerned at the continuing human rights violations in Belarus following the Presidential election. Widespread arbitrary arrests, police violence against peaceful protesters, torture and other ill-treatment of detainees and allegations of enforced disappearances, violate Belarus’s international law obligations, and require accountability.

Our organizations are particularly concerned about reports that these violations are accompanied by widespread denial of detainees’ access to a lawyer. Lawyers face harassment and obstacles in carrying out their professional duties.

We highlight the recent arrests and detention of two prominent lawyers, Ilya Salei and Maxim Znak, on politically motivated charges on 9 September 2020. According to official information, the lawyers are charged with the crime of “calls for actions aimed at causing harm to the national security of the Republic of Belarus”.

We urge the Council to call on Belarus to:

  • comply with its international human rights obligations, including by releasing those arbitrarily detained and ceasing abusive prosecutions;
  • provide detainees with confidential access to lawyers of their choice;
  • end harassment of lawyers and ensure accountability and reparations for those whose human rights have been violated; and
  • request OHCHR to monitor and report to the Human Rights Council on the human rights situations in Belarus.

Thank you”

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