Mar 19, 2018 | Advocacy, Non-legal submissions
The ICJ spoke at the UN today on concerns about a resurgence of communal violence, and a failure to implement reconciliation and justice mechanisms, in Sri Lanka.
The statement, made during the adoption of the outcome of the Universal Periodic Review for Sri Lanka by the Human Rights Council, read as follows:
“The International Commission of Jurists (ICJ) welcomes the report of the Working Group on the Universal Periodic Review (UPR) on Sri Lanka.
Sri Lanka has stated that it maintains zero tolerance for hate speech and religious violence, and that the National Human Rights Action Plan 2017–2021 contains a firm commitment to enforce section 3(1) of the ICCPR Act. The ICJ further notes that a circular was issued requiring all police officers to take immediate action in this regard. Despite these commitments, recent events demonstrate renewed conflict owing to communal violence directed at the Muslim minority. A state of emergency was proclaimed on 6 March following inaction from law enforcement, and its inability to contain the violence, and emergency regulations were in operation until yesterday.
The ICJ urges the government to demonstrate through action, its willingness bring to account those who have incited communal violence, in line with the ICCPR Act and the commitments conveyed by His Excellency the Ambassador here today. Pervading impunity has emboldened perpetrators to incite violent hatred publicly. Justice must follow recent arrests, ensuring impartial and effective investigations and trials, in line with human rights.
The ICJ also notes the limited progress made on implementing HRC resolution 30/1. Of the reconciliation mechanisms promised, only the Office on Missing Persons is operational. There is little transparency with regards to the other proposed mechanisms (including the mechanism on accountability with involvement of international judges, prosecutors and investigators), or in relation to repeal and replacement of the Prevention of Terrorism Act. Any new counterterrorism law must comply with international human rights standards, and we welcome the Ambassador’s affirmation of the Government’s commitment to this today.
The ICJ urges Sri Lanka to accept and implement all relevant UPR recommendations without delay, before the opportunity for reform may be lost.”
Video of the ICJ statement is available here:
Video of the opening presentation by H.E. the Ambassador of Sri Lanka is available here:
Mar 19, 2018 | Advocacy, Non-legal submissions
The ICJ today delivered an oral statement at the UN calling on Pakistan to amend or repeal blasphemy laws, end military trials of civilians, and take effective measures against impunity.
The statement was delivered during the adoption of the Universal Period Review Outcome for Pakistan, at the UN Human Rights Council. It read as follows:
“The International Commission of Jurists (ICJ) regrets that Pakistan has not supported recommendations related to amending its blasphemy laws, ensuring its counter-terrorism measures are compatible with human rights, and combatting impunity for serious human rights violations.
Pakistan’s blasphemy laws are frequently misused; blatantly discriminate against minority religions and sects; infringe upon the rights to freedom of expression and religion; and give rise to serious fair trial concerns. The Government has failed to amend them in accordance with its international law obligations.
In January 2015, Pakistan empowered military courts to try people accused of terrorism-related offences. The ICJ has documented serious fair trials violations in the operation of military courts including: denial of the right to counsel of choice; failure to disclose the charges against the accused; denial of a public hearing; and a very high number of convictions based on ‘confessions’ without adequate safeguards against torture and other ill-treatment.
The Government has also failed to take steps to combat impunity for serious human rights violations such as extrajudicial killings, enforced disappearances, and torture and other ill-treatment, which are facilitated by laws such as the Actions (in aid of civil power) Regulation and other national security legislation.
Despite repeated commitments to do so, Pakistan has also not enacted legislation to recognize torture or enforced disappearance as a distinct, autonomous offence in its penal code.
The ICJ therefore urges the Government to reconsider, accept and implement UPR recommendations to:
- Ensure that military courts have no jurisdiction over civilians, including for terrorism-related offences;
- Repeal or amend all blasphemy laws, in line with international standards; and
- Ensure all perpetrators of serious human rights violations – including enforced disappearance and extrajudicial killings –are brought to justice.”
Video of the ICJ statement is available here:
Mar 5, 2018 | Advocacy, Non-legal submissions
The ICJ today delivered an oral statement to the UN Human Rights Council, on transitional justice, prevention and impunity, highlighting the continuing problem of impunity in Nepal.
The statement, which was made during a clustered interactive dialogue with the Special Rapporteur on the promotion of truth, justice, reparation and guarantees of non-recurrence and the Special Adviser of the Secretary-General on the Prevention of Genocide, read as follows:
“The International Commission of Jurists (ICJ) remains deeply concerned by continuing impunity for gross human rights violations in many parts of the world, which undermines the potential for transitional justice to contribute to prevention as outlined in the Joint Study (A/HRC/37/65).
For example, in Nepal, more than ten years after the civil war, political expediency has trumped calls for justice and accountability. There has been near absolute impunity for those responsible for serious crimes under international law.
Transitional justice mechanisms – the Truth and Reconciliation Commission (TRC) and Commission on Investigation of Disappeared Persons (CoID) – have fallen short of international standards, both in their constitution and their operation, despite repeated orders by the Supreme Court of Nepal to enforce the standards.
The Commissions’ deeply flawed mandates, among other problems, allow them to recommend amnesties for gross human rights violations. In addition, their non-consultative, uncoordinated and opaque approach to their work has also created distrust with all major stakeholders, including conflict victims and members of civil society.
The Government continues to flout its obligation, both pursuant to the Supreme Court’s orders and under international law, to enact domestic legislation to criminalize serious crimes in accordance with international standards.
As highlighted by in the Joint study, turning a blind eye on past atrocities signals that some perpetrators are above the law, which further discredits State institutions and “breeds a (long-standing) culture of impunity in which atrocities may become ‘normalized’, rendering prevention significantly more difficult.” (para 43)
That, indeed, is the experience in Nepal: continuing impunity for gross human rights violations perpetrated during the conflict is one of the major obstacles to the creation of a stable and legitimate democratic government and lies at the heart of the rule of law crisis in the country. Ending impunity is essential to preventing further violations.”
Video of the statement is available here:
The delegation of Nepal exercised its right to reply later in the day. Its reply is here:
The ICJ oral statement complements a related written statement by the ICJ at the session.
Jan 31, 2018 | Advocacy, Non-legal submissions
The ICJ submitted a written statement on impunity and transitional justice, ahead of the March 2018 session of the UN Human Rights Council.
The written statement can be downloaded in PDF format below:
In English: UN-HRC37-WrittenStatement-NepalPeruImpunity-EN
In Spanish: UN-HRC37-WrittenStatement-NepalPeruImpunity-ESP
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
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)
