Jul 14, 2015 | Advocacy, Non-legal submissions
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.
The ICJ’s oral statement focussed on the following:
- the principles of equality before the law, equal protection of the law and non-discrimination, as well as non-refoulment;
- State Parties’ duty to protect the right to life in respect of conduct of private actors;
- State Parties’ duty to take measures to protect and ensure the right to life in connection with acts of gender-based violence against women and violence against individuals based on their real or imputed sexual orientation and/or gender identity or expression;
- the relationship between the right to life and certain economic, social and cultural rights;
- the extraterritorial reach of the Covenant; and
- the application of Article 6 during situations of armed conflict.
Universal-ICJ oral statement HALF DAY GENERAL DISCUSSION ON GC-Advocacy-2015-ENG (full text in PDF)
Jul 7, 2015 | Advocacy
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
Jul 1, 2015 | Advocacy, Open letters
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)
Jul 1, 2015 | Advocacy
Joint statement by the ICJ and Amnesty International after a group of States, led by Egypt, proposed a resolution on “protection of the family” at the ongoing 29th regular session of the UN Human Rights Council.
Bangladesh, Belarus, China, Cote d’Ivoire, Egypt, El Salvador, Mauritania, Morocco, Qatar, the Russian Federation, Saudi Arabia and Tunisia have submitted a seemingly innocuous draft resolution (A/HRC/29/L.25) that, in fact, underhandedly seeks to divert the Council from its institutional mandate focused on the effective promotion and protection of the human rights of the individuals towards protecting the purported rights of a social institution, namely, “the family”.
The full statement can be downloaded here: Universal-ICJ+AI statement on protection of the family-Advocacy-2015-ENG (in PDF)
Jun 26, 2015 | Advocacy, Cases, Legal submissions, News
The ICJ submitted today a third party intervention before the European Court of Human Rights in the case of Richmond Yaw and others v. Italy regarding the detention of four migrants in Italian Centres for Identification and Expulsion.
The case raises issues related to the lawfulness of their detention in immigration centres, and the compliance of the mechanisms of judicial review and compensation for unlawful detention with the European Convention on Human Rights.
Taky Berko Richmond Yaw, Yaw Ansu Matthew, Darke Isaac Kwadwo, and Dominic Twumasi, nationals of Guinea, had been detained in the Centre for Identification and Expulsion of Ponte Galeria (Rome).
In these submissions, the ICJ presented the Court with a summary of its findings regarding the law and practice of detention of migrants and the related judicial guarantees in Italy, in its 2014 report, “Undocumented” Justice for Migrants in Italy.
Furthermore, the ICJ presented an analysis of the principles that apply in regard to arbitrary detention of persons detained for the purposes of immigration control under article 5.1.f. ECHR, in particular:
- The principle of legality, including the fact that the basis, procedures and conditions for detention must be provided by law, and the principle that detention must be carried out in good faith; and the due process guarantees related to these principles;
- The requirement that detention be undertaken only pursuant to the permitted purposes of article 5.1.f ECHR, and the need for strict construction of this requirement, and ongoing scrutiny of compliance with it, in particular in the context of long periods of detention;
- The requirements of access to an effective judicial mechanism to secure the right to habeas corpus and review of the legality, necessity and proportionality of the detention of migrants, under article 5.4. ECHR;
- The requirements of an effective remedy and reparation mechanism for unlawful deprivation of liberty under article 5.5 ECHR.
ECtHR-AmicusBrief-Yaw&others v Italy-Advocacy-Legal Submission-2015-ENG (download the third party intervention)
Jun 24, 2015 | Advocacy
The ICJ joined more than 100 organizations in endorsing a call before the UN Human Rights Council for accountability of US officials responsible for torture and enforced disappearances in the rendition and secret detention programmes and for reparations to be provided for the victims.
The call was made by the American Civil Liberties Union, the Centrol de Estudios Legales and Sociales, Conectas Direitos Humanos, and the Washington Office on Latin America.
The statement can be downloaded here:
USA-HRC29ShortOralStatementTortureRendition-Advocacy-2015-ENG (short version, in PDF)
USA-HRC29StatementTortureRendition-Advocacy-2015-ENG (full text in PDF)
USA-HRC29StatementTortureRendition-Advocacy-2015-SPA (full text in PDF, Spanish)
USA-HRC29StatementTortureRendition-Advocacy-2015-ARA (full text in PDF, Arabic)
