Nov 25, 2016 | Advocacy
The ICJ today joined a group of 60 organizations condemning a new law that would further repress civil society organizations and human rights advocacy in the country, and calling on the Government to stop efforts to silence civil society.The NGO statement follows urgent warnings from the UN Special Rapporteurs on Freedom of Association, on Freedom of Expression, and on Human Rights Defenders that, if implemented, the law would “devastate” civil society in the country.
The full NGO statement can be downloaded in PDF format here: egypt-ngolaw-openletter-2016
Nov 21, 2016 | Advocacy, News
The ICJ and five other human rights groups are calling on the Malaysian authorities to drop all charges against the Bersih organizers and activists, return all items confiscated from their offices and stop making further arbitrary arrests in connection with these events.
Download the statement here:
malaysia-bersih-5-statement-advocacy-2016-eng (full text in PDF)
Nov 19, 2016 | Advocacy
Ten years after the Comprehensive Peace Accord (CPA) ended Nepal’s bloody civil war, Nepali authorities must renew their commitment to ensure truth, justice and reparation for victims of the conflict who are still waiting for redress, the ICJ said today.
The CPA, signed by the Government of Nepal and the country’s major political parties, including the then Communist Party of Nepal (Maoist) on 21 November 2006, called for a credible transitional justice process that would ensure victims’ rights to truth, justice, reparation and effective remedy in accordance with Nepal’s international human rights obligations.
“The hope and promise to conflict victims towards fulfillment of their rights to truth, justice and reparation that came with the signing of the CPA and the end of the conflict ten years ago have yet to be realized,” said Sam Zarifi, ICJ Asia director.
“Over the last ten years, various governments from all the different parties have blocked or hindered the transitional justice process, ignoring rulings by the Supreme Court that demanded compliance with international law and standards,” he added.
The full statement can be downloaded here:
nepal-statement-cpa-anniversary-advocacy-2016-eng (full text in PDF)
Oct 25, 2016 | Advocacy
The ICJ, Amnesty International, FIDH, Fortify Rights and Lawyers’ Rights Watch Canada urge Thailand’s National Legislative Assembly (NLA) to reject currently proposed amendments to the 2007 Computer-Related Crime Act (CCA).
The full text of their statement can be dowloaded here:
thailand-cca-amendments-advocacy-2016-eng (in PDF)
thailand-cca-amendments-advocacy-2016-tha (Thai, in PDF)
Oct 22, 2016 | Advocacy
South Africa’s announced withdrawal from the International Criminal Court (ICC) is a slap in the face for victims of the most serious crimes and should be reconsidered, African groups and international organizations with a presence in Africa said today.
The groups urged other African countries to affirm their commitment to the ICC, the only court of last resort to which victims seeking justice for mass atrocities can turn.
“South Africa’s intended withdrawal from the ICC represents a devastating blow for victims of international crimes across Africa,” said Mossaad Mohamed Ali of the African Center for Justice and Peace Studies. “As South Africa is one of the founding members of the court, its announcement sends the wrong message to victims that Africa’s leaders do not support their quest for justice.”
South Africa publicly announced on October 21, 2016, that it has notified the United Nations secretary-general of its intent to withdraw from the ICC.
However, there are significant questions as to whether South Africa abided by its domestic law in withdrawing without approval of its own parliament, the groups said.
“Modern day South Africa is testament to the importance of struggle for international justice, given the history of people of South Africa supported by the international community in defeating the scourge of apartheid and systematic racism. It is inconceivable that this country is now at the forefront of efforts aimed at undermining the international framework to tackle impunity,” said Arnold Tsunga, Director of ICJ’s Africa Regional Programme.
“We call on the government of South Africa to reconsider taking this enormous backwards step in the struggle for justice and to restore its place as a leader in promoting accountability for the most serious crimes and human rights abuses,” he added.
“South Africa’s purported withdrawal – without parliamentary approval or public debate – is a direct affront to decades of progress in the global fight against impunity,” said Stella Ndirangu, from the Kenyan section of the International Commission of Jurists.
“We call on the South African government to reconsider its rash action and for other states in Africa and around the world to affirm their support for the ICC.”
“We do not believe that this attempt to withdraw from the ICC is constitutional and it is a digression from the gains made by South Africa in promoting human rights on the continent,” said Jemima Njeri of the Institute for Security Studies’ International Crime in Africa Program.
“The South African government is sending a signal that it is oblivious to victims of gross crimes globally.”
South Africa’s announcement that it will withdraw from the ICC comes after the country’s court of appeal concluded the government violated its international and domestic legal obligations in not arresting ICC fugitive Sudanese President Omar al-Bashir in June 2015, when he visited South Africa.
A government appeal was pending, but on October 21, 2016, the government indicated that it has withdrawn the appeal.
“The decision by Pretoria to withdraw from the Rome Statute is a response to a domestic political situation,” said George Kegoro of the Kenya Human Rights Commission.
“Impervious to the country’s political history and the significance of the ICC to African victims and general citizenry, the South African leadership is marching the country to a legal wilderness, where South Africa will be accountable for nothing.”
South Africa is the first country to notify the UN secretary-general of withdrawal from the ICC.
Contact:
Arnold Tsunga, Director of ICJ’s Africa Regional Programme, t: +27-716-405-926 ; e: arnold.tsunga@icj.org
south-africa-withdrawal-of-icc-advocacy-2016-eng (full text in PDF)
Oct 20, 2016 | Advocacy, Analysis briefs, News
In a paper published today, the ICJ recommends a series of substantive elements that it considers as key to an effective treaty on business and human rights.
The ICJ is publishing this paper as the second session of the open ended intergovernmental working group on transnational corporations and other business enterprises with respect to human rights (OEIWG) will be held next week (24-28 October).
On 26 June 2014, the United Nations Human Rights Council (HRC) adopted Resolution 26/9 establishing an “open ended intergovernmental working group on transnational corporations and other business enterprises with respect to human rights” (OEIWG) with the mandate to “elaborate an international legally binding instrument to regulate, in international human rights law, the activities of transnational corporations and other business enterprises”.
The first session of the OEIWG took place from 6 to 10 July 2015.
The ICJ supports the objective of establishing an international legally binding instrument on transnational corporations and other business enterprises, with a focus on business accountability and access to effective remedies for human rights abuses by business enterprises.
There is a substantial international protection gap to be filled in this respect, on which the ICJ has previously commented extensively.
It is with a view to closing this gap and ensuring that international human rights law can optimally fulfil its protective function that the ICJ is engaging in the present treaty process.
The key elements in the ICJ paper are a contribution to the ongoing discussions about the future instrument, without being exhaustive as to such elements.
The ICJ has already published a paper focused on issues of scope of businesses to be addressed in the treaty, in particular the meaning or “transnational corporations (TNCs) and other business enterprises” a question which remains unresolved and is contentious in the OEIWG discussions.
The present paper will focus on the possible content of the prospective treaty.
universal-oewg-session-2-icj-submission-advocacy-analysis-brief-2016-eng (full text in PDF)