Sep 18, 2018 | Advocacy, Non-legal submissions
The ICJ today urged the UN Human Rights Council to establish a mechanism to preserve evidence of crimes under international law occurring in Myanmar, with a view to eventual prosecution of those responsible.
The statement, delivered during an interactive dialogue with the UN International Fact Finding Mission, read as follows:
“The International Commission of Jurists (ICJ) has monitored justice and human rights in Myanmar for more than five decades. The ICJ has an established presence in the country supporting justice actors to protect human rights through the rule of law.
With this experience, the ICJ views the Independent International Fact Finding Mission’s conclusions as painting an authoritative picture of the general situation in Myanmar, particularly in its highlighting of the pervasive damage of military impunity upon human rights, rule of law and the nascent democratic process.
The rule of law cannot be established, let alone flourish, without accountability for perpetrators of human rights violations and redress for victims and their families.
The Fact Finding Mission’s findings of crimes under international law, including crimes against humanity in Rakhine, Kachin and Shan states, and the identification of alleged perpetrators, necessitate immediate action.
The Government of Myanmar is unwilling and unable to effectively and genuinely provide justice for crimes, particularly when perpetrated by security forces. International action must not be deterred or delayed by the latest government inquiry, which is incapable of providing accountability or redress and may promote impunity by undermining credible international justice mechanisms.
The ICJ calls for a unified Council resolution at this session to establish an International Impartial and Independent Mechanism. This is urgently required to preserve evidence before its further deterioration, and to demonstrate a commitment to justice. Failing to act now risks further denying justice for victims and emboldening perpetrators.
Violations against Rohingya constitute an egregious yet emblematic example of systematic persecution of minority groups that has persisted in Myanmar for decades.
The ICJ would like to ask the Fact-Finding Mission: how can the Council best ensure accountability for the full range of crimes under international law committed against minorities throughout Myanmar and prevent their continuation and recurrence?”
For more information see:
Myanmar: why an IIIM and Security Council referral are needed despite the ICC ruling relating to Bangladesh
Myanmar: Government’s Commission of Inquiry cannot deliver justice or accountability
Sep 17, 2018 | Advocacy, Non-legal submissions
Today at the UN Human Rights Council, the ICJ emphasised the importance of effective investigations capable of leading to truth and justice, highlighting recent developments in Manipur, India as an example.
The statement read as follows:
“Justice processes in situations of conflict or transition require fighting impunity and re-establishing public trust.[1] An example is the new prospects for justice in relation to 1528 alleged extrajudicial killings cases in Manipur, India, which would make an important contribution to a transition out of the long-standing conflict.
In July 2016, in response to a petition filed on behalf of the victims, the Indian Supreme Court stated that “there is no concept of absolute immunity from trial…”,[2] opening the door to ending impunity. As of August 2018, the Central Bureau of Investigation has registered 29 complaints against security forces.[3] Recent reports suggest that the Government is also considering amending the Armed Forces Special Powers Act (AFSPA) to remove or restrict existing overbroad authorizations for use of lethal force.[4]
These are welcome developments. However, concerns remain, as the investigation status of the majority of the cases is unknown. Two UN Special Rapporteurs in July 2018 also affirmed that justice must be done in all cases.[5]
The ICJ calls on India to ensure independent, impartial and thorough investigations into all cases in Manipur, amend AFSPA, and to uphold the right to truth of victims and society about acts committed and the identity of perpetrators, in line with its international and national legal obligations, including as a party to the International Covenant on Civil and Political Rights.”
[1] Report of the Special Rapporteur on the promotion of truth, justice, reparation and guarantees of non-recurrence, A/HRC/39/53 (25 July, 2018), http://www.undocs.org/A/HRC/39/53.
[2] Para 163, Extra Judicial Execution Victim Families Association (EEVFAM) & Anr. v. Union of India & Anr. Writ Petition (Criminal) No. 129/2012.
[3] TNN, “Army Major named in FIR for killing 12-yr-old in fake Manipur encounter”, Times of India, August 3, 2018, https://timesofindia.indiatimes.com/city/imphal/army-major-named-in-fir-for-killing-12-yr-old-in-fake-manipur-encounter/articleshow/65252258.cms.
[4] “In AFSPA, Government Considering Crucial Changes”, NDTV, September 13, 2018, available at https://www.ndtv.com/india-news/in-afspa-government-considering-crucial-change-sources-1915706.
[5] Special Rapporteur on extrajudicial, summary or arbitrary executions and Special Rapporteur on the situation of human rights defenders, “India: UN experts call for urgent progress in investigation of hundreds of ‘fake encounter’ killings” (4 July 2018), https://www.ohchr.org/en/NewsEvents/Pages/DisplayNews.aspx?NewsID=23323&LangID=E .
Sep 13, 2018 | Advocacy, Non-legal submissions
The ICJ prepared an oral statement on procedural safeguards and civil society’s action to prevent arbitrary detention and enforced disappearance, for the interactive dialogue with the UN Working Groups on Arbitrary Detention and on Enforced and Involuntary Disappearances.
Although the statement could not ultimately be read out due to the limited time for civil society statements at the Human Rights Council, the text can found here:
“Mr President, Chairpersons of the Working Groups,
The International Commission of Jurists (ICJ) welcomes the focus of the report of the Working Group on Arbitrary Detention on “Linkages between arbitrary detention and instances of torture and ill- treatment”.
The ICJ shares the view of the Working Group that “safeguards … to prevent” torture and ill-treatment minimize and prevent “instances of arbitrary detention” (A/HRC/39/45, para. 59, and the view that “Judicial oversight of detention is a fundamental safeguard of personal liberty ” (A/HRC/39/45, para. 60).
The ICJ further welcomes the interim report of the Working Group on Enforced and Involuntary Disappearances on effective investigations (A/HRC/39/46), including the finding that “relatives of the disappeared have proven to be essential in the context of investigations and should have the right to know the truth … .” (para. 65)
The ICJ however stresses that these standards are not always upheld by States in their policies and actions.
For example, in Turkey, judicial review of detention is carried out by Judgeships of the Peace whose independence is highly questionable.
Finally, with regard to enforced disappearances, the ICJ is very concerned by the actions of Turkish authorities prohibiting the Saturday Mothers to hold their weekly protests in Galatasaray Square (Istanbul) in memory of their disappeared, in breach of their right to freedom of assembly.
Events of this kind seriously weaken the procedural safeguards and the action of civil society to protect and promote the prohibition of arbitrary detention and ensure accountability against enforced disappearances.
The ICJ urges the Council to address these worrying developments.
I thank you.”
HRC39-OralStatement-WGADWGEID-2018-draft-ENG (download the statement)
Sep 11, 2018 | Advocacy, Non-legal submissions
The ICJ today addressed the new UN High Commissioner for Human Rights, Michelle Bachelet, highlighting the role of her office in countering global threats to the rule of law and human rights.
The statement was made at the UN Human Rights Council, during general debate on the High Commissioner’s oral update. It read as follows:
“Madam High Commissioner,
The International Commission of Jurists (ICJ) warmly welcomes you to your new mandate – a mandate that the ICJ has, since 1964, fought to create and support.
A multitude of issues and situations urgently call for your attention. However, a dark cloud looms over them all, and casts its shadow across the globe, including in this chamber. From different directions, various political actors driven by authoritarian ideologies and impulses, thirst for power and fraudulent populisms, grow in strength and are joining forces to mount a concerted attack on the rule of law.
They openly scorn the stated aims of the UN Charter, including “faith in fundamental human rights” and the maintenance of “justice and respect for … international law.” They seek to undermine, defame, and destroy global, regional and national institutions built over decades as bulwarks to protect human rights and human dignity. They thrive on silence or passivity by global leaders and populations, as they assault independent judiciaries, media, and civil society.
Madam High Commissioner, you can make a unique impact by speaking forcefully and publicly in defense of human rights and the rule of law, in defense of victims, and against governments and individuals who demonstrate their hostility or indifference to these aims. The ICJ stands ready to support you and your office in the challenges that lie ahead.
Thank you.”
Sep 10, 2018 | Advocacy, News
The ICJ today called on all MEPs to vote in favour of the draft resolution and report by rapporteur Judith Sargentini MEP, before the European Parliament, which would activate Article 7 of the Treaty of the European Union in respect of Hungary.
A vote for the resolution would mean that, under Article 7.1, the Council would determine whether there is a clear risk of serious breach by Hungary of the founding values of the EU.
Ultimately, if the situation persists, this would allow the Council to take more robust measures, including suspension of voting rights, to address the situation.
The vote, scheduled for 12 September, is crucial for the rule of law in Hungary and throughout the European Union.
The Parliament will vote on whether to activate the process under Article 7, by calling on the Council to identify a risk of serious breach by Hungary of the EU’s founding values, including the rule of law and respect for human rights.
The ICJ considers that the measures put in place by the Hungarian government since 2011 have led to a severe deterioration of the rule of law and human rights, by weakening Constitutional rights protection, limiting judicial independence, suppressing independent media, civil society and academic institutions, and imposing arbitrary laws that violate the human rights of marginalized sections of society.
Cumulatively, these measures pose a grave, systemic threat to the protection of the human rights of all people in Hungary.
“The European Parliament should respond to the critical situation in Hungary by using the powers available to it under Article 7 TEU to defend human rights and the rule of law. Not to do so would be to abandon Hungary to an increasingly dangerous path, and would set a damaging precedent for all of Europe,” said Róisín Pillay, Director of the ICJ Europe Programme.
Read the full statement and key concerns here: Hungary-triggering Art 7-Advocacy-2018-ENG (in PDF)
Aug 31, 2018 | Advocacy, Non-legal submissions
Today, the ICJ made a submission to the Committee on Economic, Social and Cultural Rights in advance of Committee’s examination of South Africa’s initial periodic report under the International Covenant on Economic, Social and Cultural Rights. South Africa ratified the Covenant in 2015.
When CESCR convenes to consider South Africa’s report on 2-3 October 2018, it will therefore be the first time that the Committee has the opportunity to review a report from South Africa on the implementation of its Covenant obligations.
In its submission, supplementing submissions made by a range of South African civil society organizations, the ICJ drew the Committee’s attention to:
a) South Africa’s incomplete discharge of its obligations in terms of the Covenant;
b) The South African Government’s need for guidance from the Committee on the discharge of its obligations in terms of the right to work;
c) The South African Government’s need for guidance from the Committee on the discharge of its obligations in terms of the right to an adequate standard of living;
d) The South African Government’s failure to report effectively and accurately on its efforts to realize the ESC rights of persons with disabilities;
e) The uncertain status of the South African Government’s commitment to the enactment of legislation to ensure the implementation of the Covenant;
f) The uncertain status of the South African Government’s intention to ratify the Optional Protocol to the Covenant; and
g) The uncertain status of the South African Government’s declaration with regard to the right to education.
The ICJ’s submission invites CESCR to make various specific recommendations to the Government of South Africa in its Concluding Observations on each of these issues. Broadly, the ICJ also invites CESCR to recommend to the Government of South Africa time-bound commitments to processes leading to:
1. The full domestication of Covenant in South African law;
2. A comprehensive review of South Africa’s domestic laws and policies on ESC rights to ensure that they are implemented consistently with South Africa’s obligations in terms of the Covenant; and
2. The ratification of Optional Protocol to the International Covenant on Economic, Social and Cultural Rights.
The ICJ’s submission also supports submissions by civil society organizations and the South African Human Rights Commission inviting CESCR to recommend that South Africa withdraw its declaration relating to its “immediate” obligations in terms of the Covenant right to education.
Finally, the ICJ considers it critical that the South African Government reflect on the ways in which the Covenant to increases, alters and nuances the nature and content of its human rights commitments and obligations in terms of the realization of economic, social and cultural rights.
This the ICJ submits is particularly crucial in regard to rights which are entrenched in the Covenant but not the South African Constitution such as the right to work (Articles 6-8) and the right an adequate standard of living (Article 11).
In undertaking this process, the ICJ submits that due regard should be had the standards set out in the Covenant as interpreted by the Committee in its general comments.
SouthAfrica-ICJSubmissionCESCR-Advocacy-Non-legal submission-2018-ENG (full text, PDF)
