Sep 26, 2018 | Advocacy, Non-legal submissions
The ICJ today highlighted the steep decline for human rights and the rule of law in Cambodia, at the UN Human Rights Council in Geneva.
The statement, made during an interactive dialogue with the Special Rapporteur on the situation of human rights in Cambodia, read as follows:
“Mr President,
The findings reported by the Special Rapporteur on the situation of human rights in Cambodia (A/HRC/39/73; A/HRC/39/73/Add.1), detailing the steep decline for human rights and rule of law in Cambodia prior to and during the 2018 national elections, demonstrate the utter inadequacy of the Human Rights Council’s current focus on technical assistance and capacity-building in Cambodia.
The elections, neither free nor fair, resulted in the ruling party winning all seats in the National Assembly. Post-election, the Government continues to misuse laws to violate rights and harass journalists, human rights defenders, political opposition members and ordinary individuals, as evidenced by the following updates to cases highlighted by the Special Rapporteur.
Unjustified espionage charges hang over two journalists, who spent eight months in detention before being released pending trial.[1] A filmmaker, sentenced to imprisonment for alleged espionage after flying a drone over an opposition rally, was only released by royal pardon after more than a year in jail.
Days after release from two years in jail for conducting a peaceful protest, a land rights activist was handed a six-month suspended sentence for a politically-motivated charge from 2012.[2] Following his release after 18 months in prison for alleged defamation and incitement offences, a political commentator fled Cambodia when fresh politically-motivated charges were mounted against him.[3]
Treason charges remain active against Kem Sokha, leader of the now-dissolved main opposition party, now under house arrest.[4]
A barber and a school principal remain imprisoned for allegedly sharing information online in breach of a lese-majeste law.[5] A woman remains imprisoned for alleged insult and incitement offences for throwing a shoe at a ruling party billboard.[6]
Today, four senior staff from a prominent civil society organization and a National Election Committee official were convicted under politically-motivated charges and handed five-year suspended imprisonment sentences.[7]
Madam Special Rapporteur, what approach should the Council, governments and civil society take to ensure human rights and the rule of law in Cambodia, given that technical assistance and capacity-building alone seem clearly not to be having the necessary effect?
Thank you.”
[1] A/HRC/39/73/Add.1, para 42.
[2] A/HRC/39/73, para 13.
[3] A/HRC/39/73/Add.1, para 35.
[4] A/HRC/39/73/Add.1, paras 18 and 19.
[5] A/HRC/39/73/Add.1, para 46.
[6] A/HRC/39/73/Add.1, para 30.
[7] A/HRC/39/73, para 13; A/HRC/73/Add.1, para 35
Sep 18, 2018 | Advocacy, Non-legal submissions
The ICJ today urged the UN Human Rights Council to establish a mechanism to preserve evidence of crimes under international law occurring in Myanmar, with a view to eventual prosecution of those responsible.
The statement, delivered during an interactive dialogue with the UN International Fact Finding Mission, read as follows:
“The International Commission of Jurists (ICJ) has monitored justice and human rights in Myanmar for more than five decades. The ICJ has an established presence in the country supporting justice actors to protect human rights through the rule of law.
With this experience, the ICJ views the Independent International Fact Finding Mission’s conclusions as painting an authoritative picture of the general situation in Myanmar, particularly in its highlighting of the pervasive damage of military impunity upon human rights, rule of law and the nascent democratic process.
The rule of law cannot be established, let alone flourish, without accountability for perpetrators of human rights violations and redress for victims and their families.
The Fact Finding Mission’s findings of crimes under international law, including crimes against humanity in Rakhine, Kachin and Shan states, and the identification of alleged perpetrators, necessitate immediate action.
The Government of Myanmar is unwilling and unable to effectively and genuinely provide justice for crimes, particularly when perpetrated by security forces. International action must not be deterred or delayed by the latest government inquiry, which is incapable of providing accountability or redress and may promote impunity by undermining credible international justice mechanisms.
The ICJ calls for a unified Council resolution at this session to establish an International Impartial and Independent Mechanism. This is urgently required to preserve evidence before its further deterioration, and to demonstrate a commitment to justice. Failing to act now risks further denying justice for victims and emboldening perpetrators.
Violations against Rohingya constitute an egregious yet emblematic example of systematic persecution of minority groups that has persisted in Myanmar for decades.
The ICJ would like to ask the Fact-Finding Mission: how can the Council best ensure accountability for the full range of crimes under international law committed against minorities throughout Myanmar and prevent their continuation and recurrence?”
For more information see:
Myanmar: why an IIIM and Security Council referral are needed despite the ICC ruling relating to Bangladesh
Myanmar: Government’s Commission of Inquiry cannot deliver justice or accountability
Jul 24, 2018 | Advocacy, Open letters
The ICJ has submitted recommendations to Thailand’s Criminal Justice Reform Committee concerning the Draft Amending Criminal Procedure Code Act and the Draft Act On Judicial Process Timeframe, which were scheduled for public consultation today.
The ICJ welcomed the Criminal Justice Reform Committee’s efforts to enhance the effectiveness and fairness of the criminal justice system in Thailand, through proposed amendments to Thailand’s Criminal Procedure Code B.E. 2551 (2008) and the Judicial Process Timeframe Act.
The ICJ noted, however, that modifications would be necessary to some of these amendments to ensure they optimally served the ends of justice and were in conformity with international standards.
In particular, the ICJ commended the Committee’s inclusion within the Draft Amending Criminal Procedure Code Act of the following provisions and made recommendations as to how these provisions could be further strengthened:
- Section 13/1. Video and audio recordings of arrests and/or searches
- Section 13/2. Prohibitions against violation of the presumption of innocence
- Sections 121/2, 123 and 124/2. Lodging of criminal complaint with the public prosecutor, at any location and through email or other online medium
- Section 136. Video and audio recordings of inquiry or interrogation
- Section 161/1. Right of the court to dismiss a case where it is filed in bad faith or with misrepresentation of facts in order to harass or take advantage of a defendant
- Section 165/1. Allowing the defendant to submit a defence plea and produce supporting evidence in court
- Section 179/1. Trial in absentia
Contact
Kingsley Abbott, ICJ Senior Legal Adviser, e: kingsley.abbott(a)icj.org
Full letter in English (PDF): Thailand-CPC-Amendments-Advocacy-Open-letters-2018-ENG
Full letter in Thai (PDF): Thailand-CPC-Amendments-Advocacy-Open-letters-2018-THA.pdf
Jul 12, 2018 | Advocacy, Non-legal submissions
Today, the ICJ filed a submission to the Human Rights Council’s Working Group on the Universal Periodic Review in advance of its review of Cambodia’s human rights record in January/February 2019.
In its submission, the ICJ expressed concern about the following issues:
(1) Misuse of the law under the false pretext of the ‘rule of law’; and
(2) Lack of an independent and impartial judiciary.
The ICJ further called upon the Human Rights Council and the Working Group on the Universal Periodic Review to recommend to the Cambodian authorities to:
(i) Repeal or amend domestic laws to bring them in line with Cambodia’s international human rights obligations;
(ii) Repeal or amend domestic laws to ensure the independence of the judiciary and remove excessive powers granted to members of the Executive branch;
(iii) Abolish government-issued regulations or directives that contravene human rights protected under international human rights law;
(iv) Halt efforts to bring into force legislation drafted with the purpose of – or in any event –violating rights protected under international human rights law;
(v) End the prosecution of individuals on so-called lèse-majesté charges under the Cambodian Criminal Code and release individuals detained in connection with them;
(vi) End all use of legislation as a tool of harassment, intimidation or silencing of members of the political opposition, civil society, critical media, lawyers, prosecutors, judges and/or individuals;
(vii) Release all prisoners currently imprisoned or detained on politically motivated charges;
(viii) Uphold the right to fair trial of all persons, including of detained persons;
(ix) Take necessary measures to hold to account perpetrators of harassment, intimidation and violence against members of the political opposition, civil society, critical media, lawyers, prosecutors, judges and/or individuals for the legitimate exercise of their fundamental freedoms;
(x) Take necessary measures, in law and in practice, to guard against legal harassment of lawyers, prosecutors and judges on the basis of the political affiliations or agendas of their clients.
Contact
Kingsley Abbott, ICJ Senior Legal Adviser, e: kingsley.abbott(a)icj.org
Full submission in English (PDF) : Cambodia-UPR-Advocacy-Non legal-submission-July-2018-ENG
Jul 6, 2018 | Advocacy, News, Non-legal submissions
The ICJ today joined other NGOs in highlighting key outcomes of the 38th ordinary session of the UN Human Rights Council.
The statement, delivered by International Service for Human Rights (ISHR) at the end of the session, read as follows (text in italics was not read aloud due to the limited time available):
“Our organisations welcome the adoption of the resolutions on civil society space, peaceful protest, on violence against women and girls and on discrimination against women and girls and the Council’s rejection of attempts to impede progress on protecting civic space, peaceful protest and the rights to sexual and reproductive health.
On civil society space, the resolution recognizes the essential contribution that civil society makes to international and regional organisations and provides guidance to States and organisations on improving their engagement with civil society. On peaceful protest, it sets out in greater detail how international law and standards protect rights related to protests.
On violence against women and on discrimination against women, we consider that ensuring sexual and reproductive health and rights are vital in efforts to combat violence and discrimination against women, online and offline, as well as to ensure targeted and specific remedies to victims. We appreciate that the work of women human rights defenders towards this is recognised.
We consider the adoption of the resolution on the contribution of the Council to the prevention of human rights violations as an important opportunity to advance substantive consideration on strengthening the Council’s ability to deliver on its prevention mandate.
Following challenging negotiations, we welcome the adoption by consensus of the resolution on human rights and the Internet, reaffirming that the same rights that people have offline must also be protected online, and calling on States to tackle digital divides between and within countries, emphasising the importance of tools for anonymity and encryption for the enjoyment of human rights online, in particular for journalists, and condemning once more all measures that prevent or disrupt access to information online.
We welcome continued Council attention to Eritrea‘s abysmal human rights record. This year’s resolution, while streamlined, extends expert monitoring of, and reporting on, the country and outlines a way forward for both engagement and human rights reform. We urge Eritrea to engage in long-overdue meaningful cooperation.
We welcome the renewal of the mandate of the Special Rapporteur on Belarus under item 4 with an increased vote – as it is still the only independent international mechanism to effectively monitor human rights violations in Belarus – while remaining concerned over a narrative to shift the mandate to item 10 in the absence of any systemic change in Belarus.
We welcome the consensus resolution on the DRC, putting in place continued monitoring and follow up on the expert’s recommendations on the Kasais. However, given violations and abuses throughout several regions in the country, occurring against the backdrop of an ongoing political crisis, delayed elections, and the brutal quashing of dissent, we urge the Council to promptly move towards putting in place a country-wide mechanism that can respond to events on the ground as they emerge.
We welcome the strong resolution on Syria, which condemns violations and abuses by all parties, and appropriately addresses concerns raised by the COI about the use of chemical weapons, sexual and gender-based violence, and the need to address situations of detainees and disappearances. The Council cannot stay silent in the face of continued atrocities as the conflict continues unabated into its seventh year.
We welcome the joint statements delivered this session on Cambodia, the Philippines, and Venezuela. We urge Council members and observers to work towards increased collective action to urgently address the dire human rights situations in these countries.
On the Philippines, we emphasise that the Council should establish an independent international investigation into extrajudicial killings in the ‘war on drugs’ and mandate the OHCHR to report on the human rights situation and on moves toward authoritarianism.
The joint statement on Cambodia represents a glimmer of hope after the Council’s failure to take meaningful action against clear sabotage of democratic space ahead of elections. Close scrutiny of the human rights situation before, during and after the elections is paramount and the Council must take immediate action on current and future human rights violations in this regard.
We welcome the joint statement delivered by Luxembourg calling on the HRC President to provide oral updates on cases of alleged intimidation or reprisal, including actions taken, at the start of the Item 5 general debate of each Council session and also provide States concerned with the opportunity to respond.
Finally, the new Council member to replace the United States of America should demonstrate a principled commitment to human rights, to multilateralism and to addressing country situations of concern by applying objective criteria.
Signatories:
- Asian Forum for Human Rights and Development (FORUM-ASIA)
- The Association for Progressive Communications
- The Center for Reproductive Rights (CRR)
- CIVICUS: World Alliance for Citizen Participation
- DefendDefenders (the East and Horn of Africa Human Rights Defenders Project)
- Human Rights House Foundation (HRHF)
- International Commission of Jurists (ICJ)
- The International Lesbian, Gay, Bisexual, Trans and Intersex Association (ILGA)
- International Service for Human Rights (ISHR)
Jul 5, 2018 | Advocacy, Non-legal submissions
The ICJ today joined other NGOs in urging open discussion and debate about countries at the UN Human Rights Council in Geneva, including in discussions of cooperation, despite attempts by some States to interrupt and suppress debate.
The statement was delivered in a General Debate on items 2 and 10 of the Council, by Asian Forum for Human Rights and Development (FORUM-ASIA) on behalf of the group of NGOs. It read as follows:
“Thank you, Mr. President. While we appreciate the importance of technical cooperation, we wish to stress that a debate on technical cooperation will be incomplete if it does not address non-cooperation and country situations that have worsened despite technical cooperation. We are alarmed by efforts to restrict discussion on such situations by some states under Agenda Item 10, including for instance by (the Bolivarian Republic of) Venezuela earlier today.
While we recognise that all delegations including NGOs are required to speak on the topic under discussion, we are deeply concerned when NGOs making relevant statements are interrupted and not given a chance to explain the relevance of their statement, and in some cases are even prevented from finishing the statement. This has happened even when an NGO is speaking specifically on concerns addressed by UN reports listed for discussion in the relevant debate. Statements on Cambodia during the March session of the Council are recent examples.
The concept of international cooperation should never be invoked to shut down any criticism of human rights situations in individual countries. Cooperation cannot succeed without accountability. To be effective, debates on technical assistance and capacity building must be open to frank discussion of the true gravity, character and extent of on-going violations in the country in question, as well as the impact or lack of impact of any assistance already undertaken.
Thank You”
Asian Forum for Human Rights and Development (FORUM-ASIA)
Cairo Institute for Human Rights Studies
Conectas Direitos Humanos
Freedom House
Human Rights House Foundation
Human Rights Watch
International Commission of Jurists
International Humanist and Ethical Union (IHEU)
International Service for Human Rights (ISHR)
