Dec 15, 2017 | Advocacy, Cases, Legal submissions
The ICJ, together with other NGOs, intervened before the European Court of Human Rights in MA v Poland, concerning interim measures to protect applicants for asylum at the Polish-Belarus border.
The case concerned a family of asylum seekers who sought to apply for international protection in Poland, at a border crossing with Belarus, but were repeatedly turned away by border guards. The European Court granted interim measures indicating that the applicants should not be returned from Poland to Belarus, and that their asylum application should be examined by the Polish authorities. These interim measures were not complied with.
In their third party intervention in the case, the ICJ, ECRE, AIRE Centre and the Dutch Council for Refugees emphasised the binding nature of the obligation to comply with interim measures of the European Court of Human Rights, supported by the jurisprudence of the Court and by comparative standards of other international human rights mechanisms.
They further submitted that, where interim measures relate to children, irrespective of whether the children are applicants in the case, the State must abide by the measure indicated with special diligence and take the appropriate protective measures which the age, level of maturity, environment and experiences of the children require.
Poland-MA-ECtHR-amicus-ICJ&others-final-eng-2017 (download the intervention)
Dec 5, 2017 | Advocacy, Non-legal submissions
The ICJ today addressed an emergency Special Session of the UN Human Rights Council on Myanmar, outlining key requirements for the protection of the Rohingya minority, including safe and voluntary return of refugees.The Special Session is expected to adopt a resolution to address “The human rights situation of the minority Rohingya Muslim population and other minorities in the Rakhine State of Myanmar.”
The ICJ statement read as follows:
“It is encouraging that the Governments of Bangladesh and Myanmar have recognized the right of displaced Rohingya to return to their places of residence.
However, any provisions for return must comply with international law, including as regards non-refoulement. Effective guarantees that all displaced persons will be able to return to their place of prior residence in a safe, dignified, voluntary and sustainable manner, without discrimination, are essential.
Rohingya refugees must also be provided with alternatives to return, including the option of seeking international protection. Anything short of this would amount to their forcible return and thus violate the non-refoulement principle.
It is of the utmost urgency that the gross and systematic violations that have given rise to the forced displacement are immediately brought to an end and that measures are taken to prevent their recurrence, including by holding perpetrators responsible.
No-one may be forcibly returned to the current circumstances that prevail in Rakhine State, and voluntary returns will only ultimately take place if and when refugees are satisfied they are not returning to further violations in Myanmar.
Any provisions for restrictions on freedom of movement upon return are also of concern, particularly given past experience, with internment camps housing tens of thousands of Muslims displaced in 2012 still in place. Such restrictions elsewhere in Rakhine State contribute to violations of, among other things, the human rights to life, to health, to food, to education and to livelihoods.
To ensure that the rights of refugees are respected and protected, Bangladesh and Myanmar should immediately seek to ensure that UNHCR is involved, and its guidance followed, in any discussion of repatriation processes.
The Government of Myanmar must cooperate with the UN-mandated Fact Finding Mission to independently establish facts and provide a proper foundation for effective responses to human rights violations and humanitarian crises in Rakhine State, as well as in Shan and Kachin States, whose populations also face related patterns of human rights violations by military and security forces.”
The Council adopted a resolution at the end of the session, which reflects many of the concerns raised by the ICJ and others: A_HRC_S_27_L1
Nov 20, 2017 | Advocacy
The ICJ, with 35 other human rights organizations, today called on members and observers of the UN Human Rights Council to convene a special session on the deteriorating human rights situation in Myanmar.
In open letter to member and observer States of the Human Rights Council, delegations are urged to support holding a special session of the Council against the backdrop of serious reports of human rights violations, including crimes against humanity, committed by Myanmar security forces in northern Rakhine state.
The letter also sets out key elements that should be included in the text of a resolution adopted by the Human Rights Council at such a session, considering action that should be taken by the Government of Myanmar, as well as by neighbouring and other States and by human rights mechanisms.
The ICJ on the same day released a briefing note, entitled Questions & Answers on Human Rights Law in Rakhine State, clarifying national and international law and standards applicable to the crisis.
Myanmar Joint Civil Society Letter 20 November 2017 (download open letter in PDF format)
For a copy of the ICJ’s Q&A briefing, go to ‘Myanmar: rule of law must drive responses to Rohingya crisis’
Nov 7, 2017 | Advocacy, News
The ICJ today called for the African Commission on Human and Peoples’ Rights (“African Commission”) to establish a special mechanism for the protection and promotion of the independence of judges and lawyers in Africa.
The ICJ made the call in a statement during the public session of the 61st Ordinary Session of the African Commission in Banjul.
The call comes amidst growing threats to the independence of justice in Africa.
In African Union (AU) Member states across the continent, judicial officers and legal practitioners have been targeted for violence and intimidation, or unjustified interference or sanctions.
Recent cases include Burundi, Botswana, Egypt, Lesotho, Libya, Kenya, Swaziland, Zambia, the DRC, Cameroon and Zimbabwe.
The frequency and seriousness of such incidents prompted the ICJ working with the Africa Judges and Jurists Forum to convene a round table meeting in Harare in 2016 to discuss practical steps that could be adopted to minimize the plight of jurists in distress.
The Harare meeting identified the need for a special mechanism for the protection and promotion of judicial independence in Africa, similar to the existing United Nations’ Special Rapporteur on the Independence of Judges and Lawyers.
“It is chilling when a judge is shot in Lubumbashi in the DRC, or a deputy chief justice’s security personnel and driver is shot in Nairobi, Kenya ahead of an important case, or the offices of the Law Association are besieged by militias in Lusaka, Zambia. These are real cases,” said Arnold Tsunga ICJ’s Africa Regional Director.
“An independent, impartial, competent and accountable judiciary and independent and free legal profession are pre-requisites for effective protection of human rights and entrenchment of the rule of law in Africa,” he added.
The ICJ noted that the African Commission have already set out an excellent framework of standards to guarantee independence of the judiciary and access to justice in Africa in the 2003 Principles and Guidelines on the Right to a Fair Trial and Legal Assistance in Africa.
What is needed now is to put in place machinery for their implementation.
The Commission must now to take steps towards establishing a special mechanism for the protection and promotion of judicial independence, including the appointment of a Special Rapporteur on the Independence of Judges and Lawyers, and establishing a Working Group on the Independence of Judges and Lawyers.
Contact
Arnold Tsunga, Director of ICJ’s Africa Regional Programme, t: +27716405926, e: arnold.tsunga(a)icj.org
Banjul- Independence Judges and Lawyers-Advocacy-2017-ENG (Statement in English, pdf)
Oct 24, 2017 | Advocacy, Non-legal submissions
Human rights NGOs call for a treaty to cover all business enterprises and not only those of transnational character.
Universal-Oral Statement Business Treaty-Advocacy-Non legal submission-2017-ENG (full statement in PDF)
Oct 16, 2017 | Advocacy
The ICJ, Amnesty International and Human Rights Watch are urging Pakistan to take immediate steps towards meeting “the highest standards in the promotion and protection of human rights,” following the country’s election to the Human Rights Council.
Today, the UN General Assembly selected 15 states to serve as members of the UN Human Rights Council from January 2018 to December 2020.
From the Asia-Pacific region, Nepal, Qatar, Afghanistan and Pakistan were selected out of five candidates.
To secure the UN Human Rights Council membership, Pakistan pledged its commitment to the promotion and protection of human rights.
However, the pledge failed to address directly many of the most serious human rights issues facing Pakistan, including enforced disappearances, the use of the death penalty, blasphemy laws, the country’s use of military courts, women’s rights including the right to education, and threats to the work of human rights defenders, lawyers and journalists.
According to UN General Assembly Resolution 60/251, “members elected to the Council shall uphold the highest standards in the promotion and protection of human rights.” The Resolution also provides that, “when electing members of the Council, Member States shall take into account the contribution of candidates to the promotion and protection of human rights and their voluntary pledges and commitments made thereto.”
Pakistan’s abuses have been highlighted by various national and international human rights organizations, UN treaty-monitoring bodies, and special procedures of the UN Human Rights Council.
Pakistan has affirmed in its election pledge that it is “firmly resolved to uphold, promote and safeguard universal human rights and fundamental freedoms for all.”
Given the pressing human rights issues in the country, the ICJ, Amnesty International, and Human Rights Watch urge Pakistan to take the necessary action to fulfill these responsibilities.
Contact
Frederick Rawski (Bangkok), ICJ Asia Pacific Regional Director, e: frederick.rawski(a)icj.org
Reema Omer (London), ICJ International Legal Adviser, South Asia t: +447889565691; e: reema.omer(a)icj.org
Download
The full statement with additional information: Pakistan-ElectiontoHRC-Advocacy-2017-ENG (in PDF)
