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)
Jul 24, 2018 | Advocacy, Analysis briefs, News
In a briefing paper published today, the ICJ called on the parties to the conflict in Yemen to take immediate and effective measures to ensure the protection of the civilian population, including against human rights abuses and international humanitarian law violations.
Serious violations of international humanitarian law committed in Yemen include direct and indiscriminate attacks against civilians and the impediment of access to humanitarian relief of the civilian population.
Gross human rights violations and abuses include widespread instances of arbitrary arrest and detention, torture and ill-treatment, and enforced disappearances.
The ICJ has called for persons responsible for such violations to be held to account.
“All parties to the conflict in Yemen have acted in blatant disregard of the most basic rules of international humanitarian law and human rights law,” said Said Benarbia, ICJ MENA Director.
“The top priority is to end these violations and in particular to protect the civilian population,” he added.
In its briefing paper, the ICJ analyses international law violations committed in the conduct of hostilities and against persons deprived of their liberty.
The Saudi Arabia-led coalition and the Houthis are allegedly responsible for direct, indiscriminate or disproportionate attacks against civilians and civilian objects, including local markets, food storage sites, water installations and medical facilities.
The United Arab Emirates, the internationally recognized government of Yemen and the Houthis have allegedly engaged in arbitrary arrest and detention, torture and ill-treatment, and enforced disappearances.
The ICJ briefing paper also examines the potential legal implications of the blockade imposed by the Saudi Arabia-led coalition on Yemen and the sieges laid by the Houthis against several towns and localities, which impede the civilian population to access humanitarian relief.
The ICJ briefing paper further assesses the potential responsibility of third States for transferring arms to the parties to the conflict.
Under numerous instruments, including the Arms Trade Treaty, States are prohibited from selling arms to the parties to an armed conflict whenever a risk exists that the end-user could commit international law violations.
Arms transfers may even engage the exporting States’ international responsibility for aiding or assisting in the commission of such violations.
“Victims must have access to effective legal remedies and be provided with adequate reparation,” Benarbia said.
“The international community must state loud and clear that impunity is not an option. The Security Council should refer the situation in Yemen to the International Criminal Court and third States should consider, where feasible, the exercise of universal jurisdiction to prosecute relevant crimes under international law,” he added.
Contact
Vito Todeschini, Associate Legal Adviser, ICJ Middle East and North Africa Programme, t: +216-71-962-287; e: vito.todeschini(a)icj.org
Said Benarbia, Director of the ICJ Middle East and North Africa Programme, t: +41-22-979-3817; e: said.benarbia(a)icj.org
Yemen-War briefing-News-web story-2018-ENG (full story with background information, English, PDF)
Yemen-War impact on populations-Advocacy-Analysis Brief-2018-ENG (Analysis Brief in English, PDF)
Yemen-War briefing-News-web story-2018-ARA (full story with background information, Arabic, PDF)
Yemen-War impact on populations-Advocacy-Analysis Brief-2018-ARA (Analysis Brief in Arabic, PDF)
Jul 24, 2018 | Advocacy, Open letters
The ICJ has submitted recommendations to Thailand’s Criminal Justice Reform Committee concerning the Draft Amending Criminal Procedure Code Act and the Draft Act On Judicial Process Timeframe, which were scheduled for public consultation today.
The ICJ welcomed the Criminal Justice Reform Committee’s efforts to enhance the effectiveness and fairness of the criminal justice system in Thailand, through proposed amendments to Thailand’s Criminal Procedure Code B.E. 2551 (2008) and the Judicial Process Timeframe Act.
The ICJ noted, however, that modifications would be necessary to some of these amendments to ensure they optimally served the ends of justice and were in conformity with international standards.
In particular, the ICJ commended the Committee’s inclusion within the Draft Amending Criminal Procedure Code Act of the following provisions and made recommendations as to how these provisions could be further strengthened:
- Section 13/1. Video and audio recordings of arrests and/or searches
- Section 13/2. Prohibitions against violation of the presumption of innocence
- Sections 121/2, 123 and 124/2. Lodging of criminal complaint with the public prosecutor, at any location and through email or other online medium
- Section 136. Video and audio recordings of inquiry or interrogation
- Section 161/1. Right of the court to dismiss a case where it is filed in bad faith or with misrepresentation of facts in order to harass or take advantage of a defendant
- Section 165/1. Allowing the defendant to submit a defence plea and produce supporting evidence in court
- Section 179/1. Trial in absentia
Contact
Kingsley Abbott, ICJ Senior Legal Adviser, e: kingsley.abbott(a)icj.org
Full letter in English (PDF): Thailand-CPC-Amendments-Advocacy-Open-letters-2018-ENG
Full letter in Thai (PDF): Thailand-CPC-Amendments-Advocacy-Open-letters-2018-THA.pdf
Jul 12, 2018 | Advocacy, Non-legal submissions
Today, the ICJ filed a submission to the Human Rights Council’s Working Group on the Universal Periodic Review in advance of its review of Cambodia’s human rights record in January/February 2019.
In its submission, the ICJ expressed concern about the following issues:
(1) Misuse of the law under the false pretext of the ‘rule of law’; and
(2) Lack of an independent and impartial judiciary.
The ICJ further called upon the Human Rights Council and the Working Group on the Universal Periodic Review to recommend to the Cambodian authorities to:
(i) Repeal or amend domestic laws to bring them in line with Cambodia’s international human rights obligations;
(ii) Repeal or amend domestic laws to ensure the independence of the judiciary and remove excessive powers granted to members of the Executive branch;
(iii) Abolish government-issued regulations or directives that contravene human rights protected under international human rights law;
(iv) Halt efforts to bring into force legislation drafted with the purpose of – or in any event –violating rights protected under international human rights law;
(v) End the prosecution of individuals on so-called lèse-majesté charges under the Cambodian Criminal Code and release individuals detained in connection with them;
(vi) End all use of legislation as a tool of harassment, intimidation or silencing of members of the political opposition, civil society, critical media, lawyers, prosecutors, judges and/or individuals;
(vii) Release all prisoners currently imprisoned or detained on politically motivated charges;
(viii) Uphold the right to fair trial of all persons, including of detained persons;
(ix) Take necessary measures to hold to account perpetrators of harassment, intimidation and violence against members of the political opposition, civil society, critical media, lawyers, prosecutors, judges and/or individuals for the legitimate exercise of their fundamental freedoms;
(x) Take necessary measures, in law and in practice, to guard against legal harassment of lawyers, prosecutors and judges on the basis of the political affiliations or agendas of their clients.
Contact
Kingsley Abbott, ICJ Senior Legal Adviser, e: kingsley.abbott(a)icj.org
Full submission in English (PDF) : Cambodia-UPR-Advocacy-Non legal-submission-July-2018-ENG
Jul 11, 2018 | Advocacy, News, Open letters
Twenty-two senior judges from across the globe wrote today to Polish President Andrzej Duda to condemn the recent attacks on the independence of the judiciary.
The judges, all Commissioners or Honorary Members of the International Commission of Jurists, criticized the forced resignation of 27 of 72 judges of Poland’s Supreme Court as a severe blow to the independence of the Polish judiciary in violation of international standards.
The letter was organized by the ICJ and its Centre for the Independence of Judges and Lawyers in consultation with jurists from 17 countries.
“The Polish government’s assault on the country’s judiciary is a major blow to the rule of law in Poland,” said Sam Zarifi, ICJ Secretary General.
He added:
“The situation in Poland is of concern to judges in the country, as well as in the European Union and around the world.”
“The ICJ and jurists everywhere will speak out against this surge of attacks on the judiciary that is increasingly a pattern in many countries, including several that until recently were at least rhetorically champions of the rule of law.”
“This letter shows that the commitment to the rule of law and judicial independence is not limited to just one part of the world or one legal system, but rather reflects the views of the global community of jurists.”
In their letter, the ICJ senior judges “condemn the recent forced retirement of 27 out of 72 Polish Supreme Court justices, including its President Małgorzata Gersdorf (photo), and urge President Duda to act immediately to restore the independence of the judiciary by reinstating them in office.”
They express grave concern “that the effective dismissal of one third of the Supreme Court, coupled with the broad discretion given to the President’s office to make exceptions, has taken place in contravention of international human rights law and standards, including the right to a fair hearing, and is contrary to basic principles of the rule of law.”
Finally, the “undersigned jurists urge the President of the Republic of Poland to act immediately to restore the independence of the judiciary by reinstating the Supreme Court justices forced into retirement, follow the recommendations of the European Commission on judicial reform, and take action to repeal the law on the Supreme Court that strikes at the very core of judicial independence.”
The signatories
- Justice Adolfo Azcuna, former Associate Justice of the Supreme Court of the Philippines
- Justice Solomy Balungi Bossa, Ugandan Judge on the International Criminal Court
- Justice Ian Binnie, retired Justice of the Supreme Court of Canada
- Justice Azhar Cachalia, Judge of the Supreme Court of Appeal of South Africa
- Dame Silvia Cartwright, former Judge of the High Court in New Zealand and of the Extraordinary Chambers in the Courts of Cambodia
- Justice Moses Chinhengo, Judge of the High Court of Botswana
- Justice Martine Comte, former President of the Orleans Court of Appeal, France
- Justice Radmila Dracigevic-Dicic, Acting President of the Supreme Court of Appeals, Judge of the Supreme Court of Serbia
- Justice Elizabeth Evatt, former Chief Justice of the Family Court of Australia
- Justice Claire L’Heureux-Dubé, former Justice of the Supreme Court of Canada
- Justice Paul J. G. Kapteyn, former Judge of the European Court of Justice
- Justice Michael Kirby, former Justice of the High Court of Australia and former President of the International Commission of Jurists
- Justice Kalthoum Kennou, Judge of the Tunisian Cassation Court
- Justice Ketil Lund, former Justice of the Norwegian Supreme Court
- Justice Qinisile Mabuza, Judge of the High Court of Swaziland
- Justice Egbert Myjer, former Judge of the European Court of Human Rights
- Justice Michèle Rivet, former President of the Quebec Human Rights Tribunal
- Justice Kalyan Shrestha, former Chief Justice of the Nepalese Supreme Court
- Justice Philippe Texier, Judge of the French Court of Cassation
- Justice Lillian Tibatemwa-Ekirikubinza, Justice of the Supreme Court of Uganda
- Justice Stefan Trechsel, former ad litem Judge at the International Criminal Tribunal for the former Yugoslavia
- Dr Rodrigo Uprimny Yepes, former Assistant Justice of the Constitutional Court of Colombia
Poland-Reinstate forcibly retired judges-Advocacy-Open letters-2018-ENG (full text of letter in PDF)
Jul 11, 2018 | Advocacy, Non-legal submissions
The ICJ today joined other civil society organizations in calling for respect for human rights, and protection of and participation by civil society, to have a greater role in the UN Global Counter-terrorism Strategy.
The joint statement by the organizations followed adoption by the UN General Assembly on June 26th, 2018 of Resolution 72/284, reviewing the United Nations Global Counter-Terrorism Strategy. The UN’s Global Counterterrorism Strategy, first adopted in 2006, sets out a plan of action for the UN and member states at the global, regional, and national level to counter-terrorism.
The organizations emphasise the value of a global counter-terrorism strategy where human rights are an essential component. It notes that the General Assembly resolution importantly reaffirms states’ obligations to comply with international law, including international human rights law, while countering terrorism and that human rights are the “fundamental basis of the fight against terrorism.”
The joint statement expresses concern at States’ failure to adequately address human rights abuses in relation to counter-terrorism measures. It also sets out concerns about member states’ failure to provide an enabling environment for civil society entities, including those relating to women, to be meaningfully engaged in the Strategy review.
The full statement and list of organizations joining it can be downloaded in PDF format here: UN-Advocacy-JointStatement-CounterTerrorismStrategy-2018
