The ICJ today delivered an oral statement at the UN Human Rights Council, in the interactive dialogue with the Working Group on Mercenaries on its report on private military and security companies.
The full statement may be downloaded in PDF format here: UN-Advocacy-HRC30-OralStatement-WGMercenaries-2015
The ICJ today made an oral statement at the UN Human Rights Council, welcoming the presentation of UN Basic Principles and Guidelines on the right to challenge detention, and a report on forced labour and slavery in supply chains.
The statement was made during an Interactive Dialogue with the Working Group on Arbitrary Detention and the Special Rapporteur on contemporary forms of slavery.
The ICJ said that the implementation of the Basic Principles and Guidelines would help prevent governments from depriving people of liberty solely for exercising freedoms of opinion and expression; peaceful assembly and association; thought, conscience and religion; or on the basis of discrimination. Such violations are often achieved by circumventing or suspending essential legal procedural protections such as habeas corpus.
The ICJ noted that the right to challenge detention is also a key safeguard against incommunicado or secret detention, enforced disappearance, and torture and other cruel, inhuman or degrading treatment.
The ICJ welcomed the attention the Working Group has given to the challenging contexts of counter-terrorism and armed conflicts, where such concerns are particularly acute.
The ICJ also welcomed the report of the Special Rapporteur on contemporary forms of slavery, addressing the issue of modern slavery and forced labour in supply chains, and the Rapporteur’s emphasis on the right to an effective remedy. In addition to the international legal and policy frameworks and continuing efforts by States and businesses outlined in the report, the ICJ noted that UN treaty-bodies have produced useful guidance and recommendations, such as the General Comment adopted by the Committee on the Rights of the Child in 2013, on State obligations regarding the impact of the business sector on children’s rights.
The full statement may be downloaded in PDF format here: UN-Advocacy-Oral statementWGADandSRslavery-2015
Earlier in the week, the ICJ published a legal commentary on certain aspects of the Principles and Guidelines, related to situations of armed conflict. The commentary is available here.
In advance of the UN Human Rights Council’s adoption of the outcome of its review of the Maldives’ human rights record as part of the Universal Periodic Review (UPR) process, the ICJ has submitted a written statement.
It highlights the Maldives’ failure to accept and implement a number of member states’ UPR recommendations.
In particular, the ICJ pointed out the urgent need for Maldives to accept and implement recommendations regarding the following issues, among others:
The Council will consider member states’ UPR recommendations for the Maldives during its 30th session on 24 September 2015, ahead of which the Maldives government will be expected to formally respond and indicate which of the recommendations it will commit to implement.
Today, the ICJ delivered an oral statement before the Human Rights Committee during a half a day of general discussion in view of the Committee’s ongoing elaboration of a new General Comment on Article 6 (Right to Life) of the International Covenant on Civil and Political Rights.
Universal-ICJ oral statement HALF DAY GENERAL DISCUSSION ON GC-Advocacy-2015-ENG (full text in PDF)
The ICJ and 15 other NGOs participating in the first session of the OEIWG to elaborate a treaty on business and human rights highlighted that in principle all conduct by all types of business enterprises, whether local or transnational, shall be addressed in the legally binding instrument.
The footnote in the preamble should not be interpreted as limiting in any way the scope of possible discussions in the Open Ended Intergovernmental Working Group (OEIWG) or any analysis or recommendations that may be reported back to the Council on a future treaty.
Business enterprises that do not have any or any significant transnational operations no doubt are capable of and in many instances have been responsible for human rights abuses no less serious in scale or severity than those of transnational businesses.
The people whose human rights are abused directly or indirectly by businesses are unlikely to distinguish whether the business enterprise that causes them harm has transnational ownership or operations; nor are affected people likely to excuse abuses they suffer from a “local” business simply because the entity lacks a transnational element.
From the point of view of those whose human rights are affected by business activities, the key consideration is not the formal character of the business entity, but instead the their practical access to effective remedy and reparation for the harm they have suffered.
If a treaty is going to take the view and needs of those adversely affected by business activity as a central concern, it must address all business enterprises that can potentially carry out abuses and not only on those with transnational links.
The statement can be downloaded here: Joint Oral Statement on Scope v.2
The statement has been endorsed by more than 100 civil society groups, including the ICJ, with representation in more than 25 African states, following Omar al-Bashir’s travel to South Africa from June 13-15.
The declaration raises grave concern over South Africa’s flouting its domestic and international legal obligations in failing to arrest al-Bashir (photo), and applauds the efforts of Southern Africa Litigation Centre, which filed an application before South Africa’s courts to compel al-Bashir’s arrest.
The declaration is a strong testament to support for victims of grave crimes to have access to justice, for the ICC’s efforts to advance justice for crimes committed in Darfur, and for activism to ensure al-Bashir’s surrender to the ICC.
SouthAfrica-Civil Society Declaration on Bashir-Advocacy-Open letters-2015-ENG (full text in PDF)
Civil Society Statement Ahead of Cour de Cassation Hearing on Immunities for State Officials in the Case of Bashar al-Assad
Palestine/Israel: Israel must immediately stop its criminal forcible displacement in Gaza
ICJ Submission on draft General Comment No. 27 on Children’s access to justice and effective remedy
HRC59: ICJ Statement in the interactive dialogue on the High Commissioner’s report on Venezuela – addressing arbitrary detention and repression of civic space