Jun 5, 2017 | Advocacy, Non-legal submissions
The ICJ has made a submission to the UN Human Rights Committee in advance of its forthcoming examination of Pakistan’s initial report under International Covenant on Civil and Political Rights (ICCPR).
In its submission, the ICJ has brought to the Committee’s attention concerns in relation to the following issues:
- The compliance of Pakistan’s counter-terrorism laws with the State’s obligations under Articles 6, 9 and 14 of the Covenant, particularly in the context of its “military justice” system;
- Shortcomings in the legal framework relevant to torture and other ill-treatment;
- The continuing practice of enforced disappearances and, in this context, the ongoing impunity of law enforcement and military agencies;
- The compliance of Pakistan’s blasphemy laws with Articles 14, 18, and 19 of the Covenant; and
- The compatibility of Pakistan’s “International Non-Governmental Organizations Policy” with the State’s obligations under Article 22 of the Covenant.
The Human Rights Committee will examine Pakistan’s initial report during its 120th session, which will be held in Geneva from 3-28 July 2017.
Following the review, the Committee will adopt Concluding Observations setting out recommendations to the Pakistani Government.
Pakistan -ICCPR submission-Advocacy-non legal submission-2017-ENG (full text in PDF)
May 10, 2017 | Advocacy, News, Non-legal submissions
The ICJ emphasised the role of judges and lawyers in protecting human rights of migrants, during consultations at the UN in Geneva, as part of the preparatory process for a Global Compact on migration.
The informal consultation was convened by the UN General Assembly and held in Geneva on 8-9 May 2017. With a focus on human rights of migrants, it was the first thematic consultation to be held in connection with ongoing efforts by States to agree a UN global compact for safe, orderly and regular migration.
In addition to a written submission, the ICJ made statements during the main discussion, and as part of the concluding discussions.
The initial statement highlighted the recently published Principles on the Role of Judges and Lawyers in relation to Refugees and Migrants, developed by the ICJ in consultation with a wide range of relevant experts.
The concluding statement emphasised that effective protection of human rights, including of migrants, requires equal and effective access to impartial courts and independent lawyers, and urged States to ensure that the need for legal and practical guarantees for such access is reflected in the Global Compact eventually to be adopted. Indeed, the ICJ noted, access of individuals to a means of their enforcement is a key element distinguishing durable “rights” from, for instance, welcome but not necessarily permanent generosity.
For more information about the Principles on the Role of Judges and Lawyers in relation to Refugees and Migrants, click here.
Mar 30, 2017 | Advocacy, Non-legal submissions
Today, the ICJ made a submission to the Universal Periodic Review of Pakistan.
The submission brings to the attention of the members of the Human Rights Council’s Working Group on the UPR issues concerning:
- Trials of civilians by military tribunals;
- Enforced disappearances;
- Torture and other ill-treatment;
- Blasphemy laws; and
- International human rights instruments.
With respect to each of the above-mentioned concerns, the ICJ calls upon the Working Group on the UPR and the Human Rights Council to make a number of recommendations to the Pakistani authorities.
Pakistan-ICJ UPR-Advocacy-non-legal submissions-2017-ENG (full text in PDF)
Mar 15, 2017 | Advocacy, Non-legal submissions
The ICJ and Human Rights Commission of Pakistan (HRCP) made a statement to the UN Human Rights Council highlighting the alarming human rights situation developing in Pakistan.
The statement addressed the situation for human rights defenders, abuse of blasphemy laws, and violations in the context of countering terrorism.
“Pakistan has increased its clamp down on human rights defenders, even attempting to shut down NGOs for reasons such as the NGO “presenting a very bleak picture of human rights” to the UN.
State agents have subjected human rights defenders exercising their right to freedom of expression and peaceful assembly to excessive force and even prosecution under Pakistan’s anti-terrorism laws. Others have been assaulted, killed or forcibly disappeared. Not a single perpetrator has been successfully brought to justice.
Misuse and persecution are inherent in the logic, structure and formulation of blasphemy laws in Pakistan: vague and over-broad language leaves them open to abuse; they blatantly discriminate against minority religions and sects; they are incompatible with the rights to freedom of expression and religion; and their implementation raises serious fair trial concerns.
Finally, Pakistan’s counter-terrorism laws and policies disregard human rights protections, including in the practice of enforced disappearances of terrorism suspects and others, and in the exposure of civilians accused of terrorism-related offences to unfair, secret and opaque trials in military courts. Laws such as the Actions (in Aid of Civil Powers) Regulations allow indefinite detention without judicial supervision.
The statement can be downloaded in PDF format here: HRC34-Pakistan-OralStatement-2017
Mar 13, 2017 | Advocacy, Non-legal submissions
The ICJ today delivered a joint NGO oral statement to the UN Human Rights Council on the need in Myanmar for an international Commission of Inquiry and for an independent and self-governing legal profession.
In the statement, the International Commission of Jurists, joined by the International Bar Association’s Human Rights Institute and Lawyers’ Rights Watch Canada, welcomed the report of the Special Rapporteur on the situation for human rights in Myanmar, and her recommendation for a Commission of Inquiry to investigate persecution of Rohingya and other minorities in Rakhine State.
Since 9 October 2016, Myanmar’s security forces have reportedly targeted Rohingya during “clearance operations” which have no basis in law. Attacks against women, men, and children allegedly have involved extrajudicial killings; enforced disappearances; torture and other ill-treatment including rape and other sexual violence; hundreds of arbitrary arrests and detentions; forced displacement; and looting and destruction of homes, food and other property.
To date, authorities in Myanmar appear to have been unwilling or unable to investigate abuses or hold perpetrators accountable. Several national investigation commissions have lacked impartiality and independence. National judicial and law enforcement authorities lack capacity and independence to address this situation. Accordingly, we urge Council to adopt a resolution at this session establishing an international, independent Commission of Inquiry to assess facts, identify causes and perpetrators, and issue recommendations including remedies for victims.
The recent killing of lawyer U Ko Ni, who strongly advocated against religious discrimination and for inter-communal peace, must be subject to a prompt, impartial and effective investigation capable of identifying all those responsible and holding them accountable in a fair trial. It also underscores the urgent need for an independent and self-governing legal profession in Myanmar, enabled to uphold human rights and the rule of law without fear.
The statement may be downloaded in PDF format here: HRC34-OralStatement-Myanmar-2017
Mar 12, 2017 | Advocacy, Non-legal submissions
The ICJ has made an oral statement to the UN Human Rights Council on a range of measures needed to ensure truth, justice, reparations and non-repetition of past violations, in Nepal.
The statement read as follows:
TRUTH, JUSTICE, REPARATION, AND GUARANTEES OF NON-RECURRENCE IN NEPAL
10 March 2017
Mr. President
Without effective measures to ensure truth, justice, reparation and guarantees of non-recurrence, countries in situations of transition or post-conflict fail victims and put future reconciliation, peace and stability at risk. One example is Nepal.
Nepal’s Truth and Reconciliation Commission and Commission of Investigation on Disappeared Persons have not been effective. Changes are needed to bring their legal frameworks and operations in line with international standards and Supreme Court jurisprudence. These bodies require adequate resources. Trust-building measures including consultation processes must address the perspectives and needs of victims and for victims to feel ownership over the transitional justice process in Nepal.
Nepal must ensure prompt, independent and impartial investigation and prosecutions for serious human rights violations, including those committed during the armed conflict.
It must ensure justice and reparation for victims, including as provided for in the UN Basic Principles and Guidelines on the Right to a Remedy and Reparation.
It must criminalize serious crimes under international law in a manner that is consistent with international law, to help prevent such violations ever occurring again.
Nepal should also issue a standing invitation to all thematic special procedures of the Council.
Thank you, Mr. President.
