Jul 15, 2020 | Advocacy, Non-legal submissions
The ICJ today highlighted the lack of judicial independence and other obstacles to access to justice for human rights violations in Venezuela, at the UN Human Rights Council.
The statement, delivered in an interactive dialogue on the relevant report of the High Commissioner for Human Rights, read as follows:
“Madame President,
The International Commission of Jurists (ICJ) welcomes the report of the High Commissioner for Human Rights’ on the situation in Venezuela pursuant to resolution 42/25. The ICJ regrets however that the report was not published sufficiently in advance of the Interactive Dialogue to allow for detailed analysis and response.
The report points to a wide range of violations of civil, cultural, economic, political, and social rights in the country.
The ICJ has documented over many years the lack of judicial independence and the absence of domestic accountability for human rights violations in Venezuela. In the Arco Minero of the Orinoco, we have seen numerous alleged cases of enforced disappearances, human trafficking, threats to human rights defenders, and serious abuses of the rights of indigenous peoples, especially indigenous women and children.
The ICJ would like to ask the High Commissioner to elaborate on the long-entrenched obstacles to accountability for human rights violations in the Venezuelan justice system, and on the abuses against indigenous peoples in the Arco Minero.
The ICJ also looks forward to the discussion of and action on the Independent International Fact-Finding Mission’s report at the 45th session of the Council in September, and urges the Council to stand ready to extend the mandate, and to enlarge the scope, of the Fact-Finding Mission at that time.
Thank you.”
Jul 14, 2020 | Advocacy, Non-legal submissions
At the UN Human Rights Council, the ICJ today highlighted the need for a range of measures to effectively address the continuing impunity for gross violations of human rights in Myanmar.
The oral statement, which was delivered in an interactive dialogue with the UN Special Rapporteur on the situation of human rights in Myanmar, read as follows:
“The ICJ welcomes and shares the concerns of the final report of the previous Special Rapporteur Ms Yanghee Lee, particularly with the lack of accountability for gross human rights violations against Myanmar’s ethnic minorities.
The ICJ recalls Myanmar’s international human rights obligations, including under the Convention on the Prevention and Punishment of the Crime of Genocide and the provisional measures ordered by the International Court of Justice in The Gambia v. Myanmar case.
The ICJ underscores that directives enjoining government officials from engaging in further acts of genocide are not sufficient without comprehensive legal and constitutional reform to end impunity. This includes the amendment of laws such as the 1959 Defence Services Act and the 2014 Myanmar National Human Rights Commission Law.
National institutions continue to fail to conduct credible investigations into allegations of widespread human rights violations by the military against ethnic minorities. The final report of the Independent Commission of Enquiry, which was not made public, was transmitted to the Attorney General and the Commander-in-Chief of Myanmar’s Armed Forces, implying that military courts will take jurisdiction over at least some of the cases, inconsistent with Principle 29 of the UN Principles for the protection and promotion of human rights through action to combat impunity (UN doc E/CN.4/2005/102/Add.1/).
Mr Andrews, as the new mandate-holder, the ICJ would like to invite you to elaborate on your priorities and strategies for addressing the continuing impunity for such violations in Myanmar.”
Jul 13, 2020 | Advocacy, Non-legal submissions
Speaking at the UN Human Rights Council the ICJ today emphasized the need for a human-rights-based approach to addressing corruption in justice systems, and urged more attention be given to the abuse of non-independent prosecution services by Executive governments.
The statement, delivered in an interactive dialogue with the Special Rapporteur on the independence of judges and lawyers, read as follows:
“Mr Special Rapporteur,
The International Commission of Jurists (ICJ) concurs with the affirmation in your report that justice systems must effectively counter corruption; that corruption in justice systems negatively impacts human rights; and that addressing such impacts is within the mandate of the Human Rights Council.[1]
At the same time, the UN Office on Drugs and Crime (UNODC) already actively provides resources and specialized technical expertise to States and prosecutors in implementing the Convention against Corruption. Keeping the Human Rights Council’s focus on the specific value added by a human-rights-based approach to such overlapping issues makes the best use of the Council and OHCHR’s limited resources and special competence and expertise.
For example, this report could have presented a detailed analysis of, and recommendations on, the right to remedy and reparation of victims of human rights violations caused by corruption of prosecutors, judges and lawyers. However, while the report briefly mentions victims (para 30), human rights defenders (para 31), and human rights training (para 58), and that human rights issues can impede international cooperation (para 49), but otherwise it mostly addresses technical advice for effective counter-corruption measures. The ICJ invites you to elaborate on the specific new elements a human-rights-based approach adds to the expert advice already provided by UNODC in this regard.
We also urge you to devote a future report to the manipulation of non-independent prosecution services by Executive governments to repress dissenting voices and human rights defenders, neutralize political opposition, shrink civil society space, and entrench impunity for human rights violations, which as our submission documented is no less urgent a global human rights issue than corruption, and is not a special focus of UN bodies other than the Council and OHCHR.
Thank you.”
[1] Indeed, twenty years ago the ICJ adopted a Policy Framework for Preventing and Eliminating Corruption and Ensuring the Impartiality of the Judicial System and its work against corruption in cooperation with judiciaries and prosecution services continues at the global and national levels.
Jul 10, 2020 | Advocacy, Non-legal submissions
The ICJ and the World Organization against Torture (OMCT) today highlighted a range of human rights violations, including of freedom of association and assembly, in India’s repression of peaceful protests and the impact of COVID-19 measures in the country.
The joint statement “OMCT and ICJ welcome the Report of the Special Rapporteur on the rights to freedom of peaceful assembly and association and echo his concerns over the intensity and seriousness of the threats to the enjoyment of these rights, including the impact of current Covid-19 pandemic on the already fragile civic space.
We are particularly alarmed over the increasingly violent repression of dissent in India and the arbitrary detention and harassment of activists and human rights defenders by the state in relation to their participation in peaceful protests against the Citizenship Amendment Act 2019 (CAA), the National Population Register and the National Register of Citizens.
The repression of anti-CAA protests has been brutal, with the police reportedly using excessive force against demonstrators, including firing indiscriminately into crowds, using teargas and water cannons, beating bystanders and detaining and torturing protesters, including children. At least 31 persons were killed during these protests and scores were injured. No impartial and transparent investigations into the violence have been conducted to this day.
Reportedly fabricated charges of sedition, murder, and terrorism under repressive anti-terror and national security laws – such as the Unlawful Activities (Prevention) Act and the National Security Act – have been filed against activists and human rights defenders participating in the protests. Those arrested and detained include Gulfisha Fatima, Natasha Narwal, Devangana Kalita, Khalid Saifi, Meeran Haider, Shifa ur Rehman, Isharat Jahan, Dr. Kafeel Khan, Sharjeel Imam, Akhil Gogoi and Asif Iqbal. They are still in prison despite repeated calls for their release by national and international human rights groups and the United Nations.
Severe restrictions on freedom of peaceful assembly and association have been imposed in the framework of the Covid-19 emergency. These include blanket shutdown of internet services and the imposition in several areas of Section 144 of the Criminal Procedure Code, a colonial law banning public protests and gathering of more than five people. While appreciating India’s efforts to prevent the spread of Covid-19, we remind the government that restrictions must meet the requirements of legality, necessity and proportionality and shall not be abused to muffle dissent.
We call on the Government of India to take urgent steps to ensure that its people enjoy the rights to express dissent and to participate in peaceful protests without fear of being arrested, brutally beaten, tortured or killed. The right to life and from the prohibition of torture and other ill treatment as well as the rights to freedom of expression, association and assembly are protected under international law including the International Covenant on Civil and Political Rights to which India is a party.
We further call for a thorough, prompt, transparent and impartial investigation into allegations of unlawful use of force by police, and for the immediate release of all unjustly detained activists and HRDs.”
Jul 10, 2020 | Advocacy, Non-legal submissions
The ICJ and the Zimbabwe Human Rights NGO Forum highlighted today concerns on freedom of association and assembly in Zimbabwe, on the occasion of discussion by the Human Rights Council of a report of the relevant UN expert’s visit to the country.
The statement was prepared for delivery in an oral interactive dialogue with the UN Special Rapporteur on freedom of association and assembly on his reports to the Human Rights Council, including the report of his visit to Zimbabwe in September 2019.
The statement could not actually be read aloud due to the limited time for civil society statements in the dialogue.
The joint statement reads as follows:
“ICJ and the Forum welcome the report by the Special Rapporteur which acknowledges the continued restrictions on the enjoyment of the rights to freedom of peaceful assembly and of association in Zimbabwe.
The report mentions the use of excessive and lethal force by security forces; the use of military forces in managing protest; and the subsistence of repressive laws that curtail the enjoyment of the rights to Freedom of assembly and association.
ICJ and the Forum agree with the findings by the Special Rapporteur that the use of disproportionate and excessive force by the security has resulted in massive violations against protestors. In January 2019 following the “shutdown protests”, the Forum documented at least 1800 violations including 17 killings, 16 cases of rape and 81 victims were treated for gunshot wounds while ICJ documented at least 77 incidences of violation of fair trial rights of protestors.
The Maintenance of Peace and Order Act [Chapter 11:23] (MOPA) was enacted into law in November 2019 to repeal the Public Order and Security Act (POSA). MOPA reveal common similarities with POSA and maintains problematic provisions that do not guarantee the right to peaceful assembly.
ICJ and the Forum wish to draw the attention of the Special Rapporteur to the ongoing violations which have escalated in the context of the COVID-19 lockdown enforcement and the declining economic and social situation in Zimbabwe. While public health measures are crucial, these must be advanced in ways that do not unduly infringe on the rights to freedom of peaceful assembly and of association.
The government of Zimbabwe must be encouraged to comply with International human rights standards and guidelines such as the Guidelines for the Policing of Assemblies by Law Enforcement Officials in Africa; the United Nations Basic Principles on the Use of Force and firearms by law enforcement officials and the 10 principles for the Proper Management of Assemblies developed by the mandate in 2016.
ICJ and the Forum would to like to ask the SR what follow up he will do to monitor whether the Government of Zimbabwe complies with its international human rights obligations?”
The statement can be downloaded in PDF format here: UN-HRC44-statement-SRFoAA-2020
Jul 10, 2020 | Advocacy, News, Non-legal submissions
Today, the ICJ submitted a report to the UN Human Rights Council Working Group on the Universal Periodic Review (UPR) ahead of the review of Nepal’s human rights record in January-February 2021.
In the submission, the ICJ, Advocacy Forum – Nepal (AF), Terai Human Rights Defenders Alliance (THRD Alliance) & University of Passau, provided information and analysis to assist the Working Group to make recommendations to the Government of Nepal to take measures to prevent acts of torture and ill-treatment; to implement a human rights compliant legal framework for accountability and remedy and reparation for victims; and institute other measures to comply with its international obligations, including ratification of international human rights instruments.
In light of the concerns set out above, the ICJ, AF and THRD Alliance call upon the UPR Working Group and the Human Rights Council to recommend the following to Government of Nepal:
- Ensure that the law criminalizing torture is consistent with international law, through the passage of an anti-torture law, and/or through amendment to the current Penal Code, including that the:
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- Definition of torture in national law is in line with the CAT and other international treaty provisions;
- Statutory limitation or prescription periods for the filing of complaints or cases of torture or other ill- treatment be removed;
- Penalties for torture are commensurate to the gravity of the offence;
- Definition of reparation encompasses restitution, compensation, rehabilitation (including medical and psychological care, as well as legal and social services), and guarantees of non-repetition;
- Independent mechanisms for the regular monitoring of places of detention are established, or existing mechanisms adequately supported.
- Ensure that all allegations of torture are registered, investigated and prosecuted by an independent and impartial investigative body;
- Ensure that all detainees have access to legal representation;
- Collect and publicize data on allegations of torture and ill-treatment, including prosecutions and any measures, including disciplinary measures, taken against perpetrators;
- Establish an independent police service commission or equivalent body to ensure fair and transparent appointment, promotion, transfer of police officers and to oversee disciplinary complaints against the police;
- Establish a consistent system of documentation in each police station and at any detention facilities, in particular, concerning the entry into and release of detainees from custody, as well as the procedure during interrogations;
- Systematize human rights education and training in police training programmes, including medico-legal training (based on Istanbul Protocol);
- Ensure that victims are adequately involved in criminal proceedings, in accordance with international standards developed for this purpose;
- Ratify OPCAT and establish a national preventative mechanism that complies with its requirements; become a party to other core human rights treaties to which Nepal is not yet a party;
- Accept the requests to visit Nepal from UN special procedures, including the Working Group on Enforced and Involuntary Disappearances, the Special Rapporteur on Torture, Special Rapporteur on extrajudicial, summary or arbitrary executions and the Special Rapporteur on the promotion of truth, justice, reparation and guarantees of non-recurrence.
Download
Nepal-UPR-Submission-2020-ENG (PDF)
Contact
Frederick Rawski, ICJ Asia and Pacific Regional Director, e: frederick.rawski(a)icj.org
