The ICJ and other leading NGOs have called on the President and member states of the Human Rights Council, as well as the government of Sri Lanka, to take action to ensure no-one faces reprisals for cooperating with the United Nations.
The ICJ and other NGOs have issued a joint statement urging the UN Human Rights Council to ensure that a discussion of “protection of the family” in September will reflect diversity and focus on human rights.
The ICJ is concerned, due to the way the resolution to establish the Panel discussion has been pursued, that some States will seek to exploit it as a vehicle for promoting a narrow, exclusionary and patriarchal concept of “the family” that denies equal protection to the human rights of individuals who belong to the various and diverse forms of family that exist across the globe.
Previous UN resolutions on the family include language, agreed by all States, that recognized that “various forms of the family exist”. The authors of the resolution deliberately omitted this language, despite this issue being consistently raised by other States throughout the negotiations.
A wholly inappropriate procedural tactic was used by some states to block discussion of a proposed amendment that would have restored the “various forms” language.
Efforts to ensure that the resolution clearly acknowledged and addressed the fact that the family is also a setting in which human rights abuses sometimes take place were partially successful.
The Panel topic will be “on the protection of the family and its members to address the implementation of States’ obligations under relevant provisions of international human rights law and to discuss challenges and best practices in this regard” (emphasis added).
The resolution reaffirms “that States have the primary responsibility to promote and protect the human rights and fundamental freedoms of all human beings, including women, children and older persons”. Unfortunately, however, the text of the resolution still does not give enough emphasis to this important aspect.
The organizations affirm that they will continue to insist on recognition that various forms of the family exist, and that individuals should not be discriminated against as a result of the form of family to which they happen to belong.
States should not fail to promote and protect the rights of persons because they belong to particular forms of family.
The organizations will continue to insist that the promotion and protection of the human rights of individuals within all families must be of the paramount importance to the UN Human Rights Council.
The joint statement may be downloaded in PDF here: HRC26-Joint statement family resolution-Advocacy-Position paper-2014
The ICJ and other civil society organizations highlighted progress in relation to accountability in the field of business and human rights, together with some continuing concerns, and unacceptable procedural tactics including in relation to a resolution on “protection of the family”.
The ICJ expresses its disappointment today at the judgment of the European Court of Human Rights in the case of M.E. v. Sweden (Application No. 71398/12).
The ICJ made an oral statement at the UN Human Rights Council, highlighting a severe lack of domestic judicial capacity, and the large needs for justice in relation to gross violations and international humanitarian law, as well as ordinary civil and criminal matters, in South Sudan.
The ICJ reported in 2013 that, notwithstanding substantial legal reforms, the justice system in South Sudan was so under-resourced that statutory courts were effectively unavailable to a large majority of the population. Further, judicial appointment procedures were insufficiently independent or transparent to satisfy international standards. Customary courts have a greater presence, but rightly do not have criminal jurisdiction, and further do not meet international standards as regards, for instance, institutional guarantees for independence and impartiality.
In addition to the difficulties most residents already faced in accessing justice, the conflict has resulted in gross violations of human rights and international humanitarian law. South Sudan must ensure effective remedy and reparation for victims of such violations, and that anyone reasonably suspected of responsibility is investigated and, if there is sufficient evidence, prosecuted. At the same time, it must fulfill the fair and effective administration of ordinary civil and criminal justice.
Particularly given the scale and gravity of the violations, the South Sudanese justice system simply does not have the capacity to bear this burden, at least not alone. In addition to building the capacity of the domestic judiciary, it is clear that an international criminal tribunal, preferrably the International Criminal Court, will need to play a key role. Other states, too, will have to exercise all grounds of jurisdiction at their disposal, and deliver effective mutual legal cooperation.
The ICJ considers that the lack of an effective, independent and impartial court system in South Sudan may well have contributed to the rapid deterioration of the situation over the past months. Building an independent and impartial justice system in which all residents of South Sudan can have confidence is essential to preventing recurrence of the violations in the future.
HRC26-Oral statement on SouthSudan-Advocacy-non legal submission-2014 (full statement in PDF)
The ICJ has delivered an oral statement on the independence of judges, prosecutors and lawyers in Venezuela, at the UN Human Rights Council in Geneva.
Referencing its report, Strengthening the Rule of Law in Venezuela, the ICJ discussed the failure by Venezuelan authorities to respect institutional guarantees for the independence and impartiality of the judiciary and prosecutors, as well as undue interference with individual judges, prosecutors and the legal profession. The ICJ highlighted the lack of security of tenure for most judges and virtually all prosecutors in Venezuela, and how the insecurity is amplified by cases of reprisal such as against Judge María Lourdes Afiuni Mora.
The ICJ urged Venezuelan authorities to take concrete measures to restore the rule of law and ensure the protection of human rights in Venezuela, in meaningful dialogue with civil society, and for other states to encourage Venezuela to do so.
The oral statement can be downloaded in full in PDF format here: ICJ-HRC26-Item4-Venezuela-OralStatement2-Advocacy-non-legal submission-2014
Tanzania: African CSOs Call for the Non-Recognition of the Illegitimate Government and for Transitional Justice and Fresh Elections
Türkiye: Justice Reforms Central to Fair, Durable Peace Parliamentary Commission Should Make Bold Recommendations for Change
Greece: ICJ and ECRE call the European Committee of Social Rights to ensure Greece’s compliance with migrant and refugee children’s rights
ICJ submission highlights discrimination as key obstacle to women and girls with disabilities in enforcing their human rights