ICJ submission on Pakistan to the UN Human Rights Committee

ICJ submission on Pakistan to the UN Human Rights Committee

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)

Joint NGO checklist for new members of UN Working Group on discrimination against women

Joint NGO checklist for new members of UN Working Group on discrimination against women

The ICJ and other NGOs have jointly issued a checklist of key criteria for the selection and appointment of new members for the UN Working Group on the issue of discrimination against women in law and in practice.

The Human Rights Council will appoint four new members of the UN Working Group at its 36th regular session in September 2017. The deadline for applications of candidates expired on 1 June 2017.

The proposed criteria were developed by:

  • Amnesty International
  • Alkarama Foundation
  • Global Initiative for Economic, Social and Cultural Rights
  • International Commission of Jurists
  • International Lesbian, Gay, Bisexual, Trans and Intersex Association
  • International Service for Human Rights
  • World Organization against Torture

The NGO’s called on States, NGOs and others, including relevant professional networks, to use the prepared checklist to identify eligible candidates, the strongest of whom should meet a substantial number of the criteria.

Joint NGO-Criteria UNWG Discrimination Against Women-Advocacy-Open Letter-ENG (criteria checklist, PDF)

European Parliament: the ICJ presents its views on counter-terrorism, security and human rights

European Parliament: the ICJ presents its views on counter-terrorism, security and human rights

Today the ICJ presented its views on counter-terrorism, security and human rights in Europe, to the Committee on Civil Liberties, Justice and Home Affairs (LIBE) of the European Parliament, as part of a hearing on the EU’s Comprehensive Assessment of EU Security Policy. 

The exchange of views, Chaired by the Chair of the LIBE Committee, Claude Moraes, included contributions by Commissioner Julian King of the European Commission, as well as representatives of national parliaments, civil society organisations and MEPs.

The ICJ presentation by Róisín Pillay (photo), Director of the ICJ Europe Programme, emphasised the need to make human rights and the rule of law central to EU security policy, to the development of EU legislation and its implementation at national level.”

The full text of the presentation can be downloaded here: Europe-Presentation LIBE-Advocacy-2017-ENG (in PDF)
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ICJ Highlights role of judges & lawyers at UN consultation for Global Compact on migration

ICJ Highlights role of judges & lawyers at UN consultation for Global Compact on migration

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.

 

Principles on the Role of Judges and Lawyers in relation to Refugees and Migrants

Principles on the Role of Judges and Lawyers in relation to Refugees and Migrants

The ICJ has published a set of Principles on the Role of Judges and Lawyers in relation to Refugees and Migrants.

The Principles were developed by the ICJ on the basis of consultations with senior judges, lawyers, and legal scholars working in the field of international refugee and migration law (including at the 2016 Geneva Forum of Judges & Lawyers), as well consultations with States and other stakeholders on a draft version during the March 2017 Human Rights Council session, and other feedback.

The Principles seek to help judges and lawyers, as well as legislators and other government officials, better secure human rights and the rule of law in the context of large movements of refugees and migrants. They are intended to complement existing relevant legal and other international instruments, including the New York Declaration, as well as the Principles and practical guidance on the protection of the human rights of migrants in vulnerable situations within large and/or mixed movements being developed by the OHCHR.

The Principles address the role of judges and lawyers in relation to, among other aspects:

  • determinations of entitlement to international protection;
  • deprivation of liberty;
  • removals;
  • effective remedy and access to justice;
  • independence, impartiality, and equality before the law;
  • conflicts between national and international law.

The Principles, together with commentary, can be downloaded in PDF format by clicking here: ICJ Refugee Migrant Principles 2017.

They are also available in Spanish, French and Arabic.

The ICJ formally launched the published version of the Principles at a side event to the June 2017 session of the Human Rights Council (click here for details), where their importance and utility were recognised by the UN Special Rapporteur on the human rights of migrants, as well as representatives of UNHCR and the OHCHR.

The ICJ had earlier released the final text in connection with the Thematic Session on “Human rights of all migrants” for the UN General Assembly Preparatory Process for the Global Compact for Safe, Orderly and Regular Migration to be held in Geneva 8-9 May 2017, where in an oral statement the ICJ was able to highlight the potential utility of the Principles in the development of the Compact.

The ICJ further promoted consideration of the Principle, in an oral statement to the Human Rights Council.

More information about the process of development of the Principles, including the list of participants to the 2016 Geneva Forum, is available here.

The consultations, preparation and publication of the Principles was made possible with the financial support of the Genève Internationale office of the Republic and Canton of Geneva, for which the ICJ is grateful.

For further information, please contact ICJ Senior Legal Adviser Matt Pollard, matt.pollard(a)icj.org

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