Feb 5, 2021 | Advocacy, Non-legal submissions
Today, the ICJ and other human rights NGOs have written to UN Member States to call for a renewal of the mandate of the UN Commission on Human Rights in South Sudan.
The joint letter highlights the existing remaining concern on the human rights situaion in South Sudan and provide with key recommendation for its functioning.
Find the joint letter here: SouthSudan-UN-JointLetter-Advocacy-NonLegal-2021-ENG
Contact:
Massimo Frigo, ICJ UN Representative, e: massimo.frigo(a)icj.org, t: +41797499949
Feb 4, 2021 | Advocacy, News
The ICJ, in a letter to the Chairperson of the African Union, recommended that the African Union acknowledge that COVID-19 vaccines are a “public good” and all States must ensure access to these vaccines in order to realize the human rights of their inhabitants.
The African Charter on Human and People’s Rights, to which most AU Member States are Party, provides that “every individual shall have the right to enjoy the best attainable state of physical and mental health” (Art 16(1)). The Charter also places an obligation on the States Parties to take all “necessary measures to protect the health of their people and to ensure that they receive medical attention when they are sick” (Art 16(2)).
This obligation must be understood consistently with the equivalent Article 12 of the International Covenant on Economic, Cultural and Social Rights (ICESCR), to which most AU Member States are also Party. That provision protects the right to the “highest attainable standard of physical and mental health”, and requires States to take all necessary measures to realize this right including to ensure “the prevention, treatment and control of epidemic, endemic, occupational and other diseases” (Art 12(1)(c)). Vaccines, for some such diseases including COVID-19, are necessarily an integral part of prevention, treatment and control.
“It is essential for the process of vaccine procurement and allocation to be in line with international human rights standards. The African continent and its people cannot afford to be left behind, and the best way to ensure that does not happen is to move forward and prioritize each individuals right to health and corresponding human rights.” –
Justice Sanji Monageng, ICJ Commissioner, Botswana
Therefore, under these treaties and other internationally binding human rights law, it is clear access to certain vaccines is necessary to fulfill a human right, must not be seen as a privilege. Vaccines are a public good and should be treated as such by States. This understanding was affirmed by the UN Committee on Economic, Social and Cultural Rights (CESCR) in December in a statement on universal and equitable access to vaccines. CESCR stressed that: “every person has a right to have access to a vaccine for COVID-19 that is safe, effective and based on the application of the best scientific developments”. It further implored States to “give maximum priority to the provision of vaccines for COVID-19 to all persons”.
Recommendations of the International Commission of Jurists
The AU will be expected by the constituents of its Members to fulfil its proper leadership function in terms its Constitutive Act an ensure the promotion and protection of human rights in Africa. To this end, the ICJ calls upon the AU to adopt resolutions:
- Calling on all member States to ensure that their COVID-19 responses, including vaccine acquisition and distribution, comply with international human rights law and standards including those particularly relating to the rights to health and to duty ensure this right is realized through international cooperation.
- Calling on all member States to endorse and fully participate in the WHO’s COVID-19 Technology Access Pool.
- Calling on all member States to openly support the approval and implementation of a waiver of intellectual property rights in terms of the TRIPS agreement in order to ensure equitable and affordable access of COVID-19 vaccines and treatment for all.
- Calling on all member States to urgently publish public, comprehensive vaccine rollout plans and transparently provide clear and full health-related information to their populations.
- Calling on all participants in COVAX to endorse and fully participate in the WHO’s COVID-19 Technology Access Pool.
- Calling on the WTO to respond expeditiously and favourably to the proposal communicated by India and South Africa for waiver of IP protection for vaccines.
To read the full submission, click here.
Contact
Kaajal Ramjathan-Keogh, ICJ Africa Director Kaajal.Keogh(a)icj.org +27 84 5148039
Tanveer Jeewa, Media and Legal Consultant Tanveer.Jeewa(a)icj.org
Oct 30, 2020 | Advocacy, Non-legal submissions
The Gauteng Township Economic Development Bill aims to promote local economic development in designated townships by creating and facilitating the creation of viable township businesses. The Bill establishes a Development Fund whose economic benefits and incentives are strictly reserved for citizens and permanent residents only.
The Bill would prohibit most non-citizens from large swathes of economic activity.
“This would include documented non-citizens like asylum seekers and refugees most of whom are not eligible for social assistance. It might prevent many non-citizens from making a living and could leave many destitute and homeless,” the ICJ Africa Director Kaajal Ramjathan-Keogh said.
“The Bill might also fuel existing xenophobic sentiment and could result in recurrences of xenophobic violence. Courts in South Africa have repeatedly warned government officials and departments against conduct that risks perpetuating xenophobia.”
If this Bill were to be enacted, South Africa would fall short of its requirements under both national and international law.
The ICJ has thus submitted their comments to the Gauteng Provincial Government, which you can find below.
Watch the animation on this issue
Sep 8, 2020 | Advocacy, News
The ICJ, in collaboration with the Zimbabwe Anti-Corruption Commission (ZACC), today launched a whistleblowing application (tip off) mechanism in Harare.
It is common that people reporting corruption, tipping off and submitting key evidence prefer to stay anonymous, as they may have an often, well-founded, fear of reprisal by the parties involved. In such instances it is imperative for the ZACC to adopt a protective solution that guarantees user anonymity. This tip off mechanism will enable ZACC to receive information and evidence securely while the user of the mechanism remains anonymous. In turn ZACC will be able to use the information received to investigate and prosecute cases of corruption. Additionally, the application will also have a case management dashboard which will aid evaluation of ZACC’s efficiency in handling corruption cases.
Corruption undermines the rule of law by impeding access to justice through diversions of public resources for private gain. As such, the ICJ, through the support by the EU, is working towards increased transparency and integrity in the justice delivery system in order to increase access to justice for all. The whistleblowing application is not undertaken in isolation, as it builds on other initiatives to combat corruption under this programme, which include the Anti-Corruption Campaign, establishment of an anti-corruption court, capacity building, and various research initiatives.
“Corruption remains a key challenge confronting Zimbabwe. If unabated, corruption undermines democracy and the rule of law leading to violations of human rights. Its destructive effect on development disproportionately affects the poor. The participation of the public, in augmenting government efforts in combating corruption is therefore critical. It is our hope that through this awareness programme, ordinary members of the public will be able to recognize corrupt behaviour and feel empowered to take a stand against it. Further, we hope that the mechanism will sustain the momentum against corruption and increase the demand for improved accountability and transparency in various sectors in Zimbabwe thereby contributing to reduction of corruption,” said Blessing Gorejena, ICJ’s Zimbabwe Project Team leader.
Once officially launched, the whistle-blowing mechanism will be available to the public. It will be promoted and encouraged by publicizing stories of successful prosecutions and other actions as a result of information provided by whistle-blowers, as well as reporting on the effective protection of such persons from any form of reprisal or other harm.
The project is facilitated through the support of the European Union.
Contact:
Blessing Gorejena, Senior Legal Adviser and Team Leader of ICJ Zimbabwe Project, t:0772151989, e: blessing.gorejena(a)icj.org
Aug 27, 2020 | Advocacy, News
The ICJ, in collaboration with the Zimbabwe Anti-Corruption Commission (ZACC), convened a virtual Asset Recovery Training Workshop from 18-26 August. The training was part of the ICJ efforts to advance the rule of law in Zimbabwe.
The training was held with investigators from ZACC. It was led by Dr Prosper Maguchu, a legal expert on human rights and financial crimes.
The objective of the training was to enhance the capacity of ZACC investigators to conduct financial investigations and apply asset tracing techniques in relation to corruption and money laundering cases.
Over the past 50 years, it is estimated that Africa has lost in excess of one trillion US dollars in illicit financial flows (IFFs) with claims that this is roughly equivalent to all of the official development assistance received by the continent during the same timeframe.
Zimbabwe is not immune to this challenge of IFFs.
ZACC chairperson Justice Loice Matanda-Moyo remarked that financial crimes and illicit financial flows had become a serious threat the Zimbabwe economy and beyond our borders. She pointed to the prevalence of tax evasion, smuggling, corruption, fraud, drug trafficking and money laundering and noted that ill-gotten proceeds involving money were moving across borders. In such instances it is a daunting task for investigators and asset recovery officers to follow the money trails and recover proceeds of crime. She noted that the virtual asset recovery workshop was an opportune moment time to enhance the capacity of investigators and asset recovery officers.
“This training was very timely and critical. It enhanced the capacity of ZACC in its pursuit to recover assets accumulated though corruption. The investigators were equipped with the requisite skills and techniques involved in asset recovery that include collecting evidence, issuing restraint and freezing orders and making mutual legal assistance requests. Recovering stolen assets is an important process in the fight against corruption as it deters corruption by turning it into a high-risk, low-reward activity. Additionally, asset recovery is a means to obtain resources for the development of the country, which resources can also be channelled towards strengthening the fight against corruption in Zimbabwe, thus contributing to the greater respect for the rule of law,” said ICJ Senior Legal Adviser Blessing Gorejena.
The training workshop provided a comprehensive overview on what asset recovery means, exploring approaches and tools in asset recovery and enhance the technical capacity of the investigators to trace, seize and confiscate and repatriate illicitly acquired assets.
Participants in this workshop included 18 investigative officers and two Commissioners. Overall there were 11 female and 9 male participants in attendance.
This workshop was supported by the European Union Delegation in Zimbabwe.
Contact:
Shaazia Ebrahim (ICJ media officer), c: +277 167 067 19 e: shaazia.ebrahim(a)icj.org
Vimbai Mutandwa (ICJ legal advisor), c: +263 77 351 7733 e: vimbai.mutandwa(a)icj.org
Jul 31, 2020 | Advocacy, Open letters
The ICJ and the South African Human Rights Defenders Network (SAHRDN) have written to the United Nations Special Rapporteur on the Situation of Human Rights Defenders, the African Commission on Human and Peoples’ Rights Special Rapporteur on Human Rights Defenders, and the Chairperson of African Commission on Human and Peoples’ Rights.
They have detailed the continued intimidation and harassment of the residents of Happiness village by the South African National Defence Force (SANDF).
“We have written to the Special Rapporteurs because the SANDF is unrelenting in its abuse of the resident’s despite the best efforts of their legal representatives and repeated court orders,” said ICJ Legal Adviser in South Africa Tim Fish Hodgson.
“A community leader was placed under house arrest guarded by four soldiers for seven days. Another resident was subjected to a punishment by which was told to lie flat on the ground and ‘pray to his God’ for simply leaving his home. Others have been assaulted. The SANDF deliberately conducts military exercises near the residents’ homes late at night to scare and intimidate them. All this with utter disregard for the law and in direct violation of a number of court judgments and orders”, he added.
The residents, who were forcibly and violently evicted from Marievale military base beginning in 2017, have repeatedly been granted court orders by the High Court declaring such evictions unlawful and directing the SANDF to refrain from harassing, threatening and intimidating the residents and not to restrict their movement.
Despite this, and in the midst of the COVID-19 pandemic, further evictions and constant harassment and intimidation continues unabated and has intensified to a point that the residents describe the SANDF as having “laid siege” to their homes in Happiness Village which is adjacent to Marievale military base.
Soldiers now police checkpoints, preventing visitors from entering the area and even journalists have been prevented from entering Happiness Village. The residents’ legal representatives were only allowed to visit a single community representative under armed military guard.
As the letter reveals, the SANDF’s actions amount to violations of the residents’ right to adequate housing protection in terms of the South African Constitution, the African Charter on Human and People’s Rights and the International Covenant on Economic, Social and Cultural Rights.
The intimidation, harassment, humiliation and assault of the residents’ amount to violations of the residents’ rights to liberty and security of person and may also amount to cruel, inhumane and degrading treatment or punishment in violation of the South African Constitution and international human rights law.
They seem to be geared at making the resident’s lives intolerable in order to secure evictions “through the backdoor”, which is explicitly prohibited in South African law.
The residents, represented by Lawyers for Human Rights, will once again be in urgent court on July 31 seeking an interdict to prevent further harassment, intimidation and restrictions on their movement by the SANDF. The legal representatives of the SANDF have indicated that they intend to oppose their application.
The ICJ has therefore implored the Special Rapporteurs to:
1. Call on the SANDF, the Minister of Defence and Military Veterans and on the Ekurhuleni Municipality to desist from any further evictions, relocation, intimidation, harassment, humiliation, and assault of the Marievale community residents;
2. Call on the SANDF, the Minister of Defence and Military Veterans and the Ekurhuleni Municipality to immediately lift and ensure the non-recurrence of restrictions on the movement on Happiness Village residents;
3. Call on the President of South Africa, as the Commander in Chief of the SANDF, to take appropriate action to ensure that the human rights violations that the residents of Marievale have suffered at the hands of the SANDF on a continuous basis since 2017 be investigated, and that appropriate action be taken to ensure access to justice and effective remedies for the residents; and
4. Call on the Parliamentary Portfolio Committee on Defence and Military Veterans to ensure the accountability of the Minister of Defence and Military Veterans for the human rights violations to which the SANDF has subjected the residents on a continuous basis since 2017.
Read the full letter here.
SouthAfrica-SAHRDN-ICJ Letter to SRs on HRDs-Advocacy-open letters-2020-ENG
Contact:
Tim Fish Hodgson (ICJ Legal Adviser) t: +27828719905; e: timothy.hodgson(a)icj.org
