Jun 27, 2019 | Advocacy, Non-legal submissions
The ICJ highlighted the role of women in ensuring respect for human rights in relation to businesses, in a statement to the UN Human Rights Council today.
In an oral statement made during an interactive dialogue with the Working Group on Discrimination Against Women and the Working Group on the issue of human rights and transnational corporations and other business enterprises, the ICJ stated as follows (check against delivery):
The International Commission of Jurists (ICJ) welcomes the report of the Working Group on the issue of human rights and transnational corporations and other business enterprises, and agrees that despite years of progress, women continue to experience multiple forms of discrimination. Women’s voices continue to be unheard and they face insurmountable challenges as they use these voices to access justice on behalf of their communities.
We have seen numerous cases where women lead their communities in protesting abuses committed by business enterprises. Many of these communities are located in remote areas, far from courts or other mechanisms that could be used by them to seek justice. The women who lead these communities often do not identify as women human rights defenders. They see themselves as mothers protecting the health of their families or the land from which they grow their food and earn their living. Because of where these communities are located, local government authorities play a significant role on whether or not these women are heard or are able to access justice.
The women farmers of Kendeng in Indonesia, for instance, have been protesting the operation of a cement factory in their area, which contaminate their water and land. In 2016, the Supreme Court of Indonesia had already ruled in favor of these women farmers and their community, and ordered the revocation of the cement factory’s permit. To this day, however, the cement factory continues to operate, ignoring the final order of the Supreme Court. The Kendeng women farmers have raised the non-implementation of the Supreme Court’s order with the Governor of Central Java and the Indonesian government, but their voices remain unheard.
In the Philippines, the women community leaders of Pio V. Corpus, Masbate, have been protesting plans to establish a cement factory and a coal-fired power plant in their town. They allege that their local government leaders approved plans for this factory and power plant without consultation and in blatant disregard of the disastrous impact these would have on the environment and people’s health.
Mr. President, we join the Working Group in urging States and business enterprises to ensure meaningful participation of potentially affected women in all stages of human rights due diligence. We also urge States to take measures to ensure that women – wherever they may be located – are able to access justice for abuses committed by business. Finally, we recommend that local government authorities be made aware of the Guiding Principles and able to integrate the gender framework and guidance in discharging their human rights responsibilities.
Thank you.
Jun 25, 2019 | Advocacy, Non-legal submissions
Speaking at the UN Human Rights Council in a general debate on the oral update of the High Commissioner for Human Rights, the ICJ addressed issues around “foreign fighters”, criminalisation of solidarity with migrants, and the need for international investigation of violations in the Philippines.
The statement was as follows (check against delivery):
“The International Commission of Jurists (ICJ) thanks the High Commissioner for her oral update.
The ICJ agrees that accountability for crimes under international law committed by foreign fighters is essential; equally, it must be ensured through fair procedures. Where children are concerned, their best interests must be the guiding principle. [To the extent foreign fighters are addressed in relation to counter-terrorism measures, ICJ emphasizes that not only is disregard for human rights in countering terrorism wrong and unlawful in itself, it is also ineffective and indeed itself conducive to terrorism.]
The ICJ is also concerned at the criminalisation of solidarity with migrants in Europe and elsewhere. No one should be penalised for supporting human rights, including those that States fail to uphold. On Thursday, together with the OHCHR and the Geneva Bar Association, ICJ will screen a documentary in Room XIV, the UN Cinema, showing the impact of criminalization of solidarity.
The ICJ supports calls by the High Commissioner and Special Procedures for urgent action by the Human Rights Council on the Philippines. Adoption of a resolution at the current session to establish an independent international investigation is essential.
The huge number of killings in the name of countering drugs is part of a broader pattern of impunity. For instance, at least 39 lawyers have also been killed under the current administration, some of whom were representing victims of human rights violations. A fully independent national commission of inquiry and measures actually to bring perpetrators to justice are also needed to end the pervasive culture of impunity.”
May 20, 2019 | Advocacy, News
The ICJ has made a submission to Ms. Karima Bennoune, the United Nations Special Rapporteur in the field of cultural rights (“Special Rapporteur”) in response to a call for submission, in advance of her forthcoming report to the General Assembly on how actors from across the cultural ecosystem access and use public spaces and the impact this has on their cultural rights.
ICJ’s submission draws on its ongoing work on the human rights of LGBTQ persons in India and includes findings from the ICJ’s forthcoming report on the rights of LGBTQ persons in the home, at work and in public spaces. The ICJ, concludes that LGBTQ persons’ rights to adequate housing, decent work, and equal access to public spaces are frequently violated throughout India.
The interviews conducted by the ICJ reveals that LGBTQ persons have challenges in accessing a variety of public spaces including streets, public transport, sanitation facilities, cultural and religious events, parks and shopping malls, challenges which are not faced by, or not faced in the same way by, non-LGBTQ persons. The ICJ submits that these findings are in contravention of Indian constitutional law and international human rights law.
Read the full submission here.
Apr 22, 2019 | Advocacy, News, Non-legal submissions
Today, the ICJ submitted recommendations to the Council of the State calling for the repeal or amendment of National Council for Peace and Order (NCPO) and Head of the NCPO (HNCPO) orders and announcements in line with Thailand’s international human rights law obligations.
The ICJ was informed by the Ministry of Foreign Affairs that the Council of the State had been tasked to review the necessity and relevance of announcements, orders, and acts of the NCPO and of the HNCPO in February 2019.
The review process is in line with Thailand’s declaration to the UN Human Rights Committee in its Follow-Up to the Concluding Observations of the Committee, submitted on 18 July and published on 10 August 2018.
In its submission to the Council of the State, the ICJ has called for the review process of HNCPO and NCPO announcements and orders to be carried out with increased public participation, openness, and transparency.
The ICJ has also made recommendations on the repeal and amendment of the following HNCPO and NCPO orders and announcements since they are clearly inconsistent with Thailand’s international human rights law obligations and the 2017 Constitution, and are neither necessary, nor proportionate, nor relevant to the current situation:
- Orders that provide the military with superior powers beyond civilian authorities;
- Orders that allow military courts to prosecute civilians;
- Orders that infringe on the rights to freedom of expression and assembly, restrict media freedom and the right to information; and
- Orders that infringe on community and environmental rights.
As main priorities, the ICJ has recommended that:
a) the exercising of law enforcement powers by military personnel to arrest and detain suspects in places not formally recognized as places of detention without judicial review should end;
b) all cases of civilians facing proceedings before military courts be transferred to civilian courts, and all civilians convicted of an offence in military courts be guaranteed a re-trial in civilian courts; and
c) all other HNCPO and NCPO orders and announcements should be repealed or amended to bring Thailand in compliance with its international human rights law obligations, and to ensure that the rights to freedom of expression, opinion and assembly, and environmental rights, among others, be respected.
Thailand-civilian prosecutions military courts-Advocacy-Non-legal submissions-2019-ENG (PDF in English)
Thailand-civilian prosecutions military courts-Advocacy-Non-legal submissions-2019-THAI (PDF in Thailand)
Further readings:
Post coup’s legal frameworks
Thailand: ICJ alarmed at increasing use of arbitrary powers under Article 44
Joint submission to the UN Human Rights Committee by the ICJ and Thai Lawyers for Human Rights
The ICJ and other groups made a joint follow-up submission to the UN Human Rights Committee
Thailand: statement to UN on situation for human rights
ICJ and Thai Lawyers for Human RIghts’ submission to the Universal Periodic Review (UPR) of Thailand
Military officers in law enforcement missions
Thailand: immediately end the practice of arbitrarily detaining persons in unofficial places of detention
Thailand: The ICJ and Human Rights Watch express concerns over detentions
The Use of Military Court
Thailand: transfer all civilians to civilian courts
Thailand: End prosecution of civilians in military tribunals
Thailand: ICJ welcomes Order phasing out prosecution of civilians in military courts but government must do much more
Freedom of expression and assembly
Thailand: lifting of the ban on political activities is welcome but more is needed
Thailand: Lift ban on political gatherings and fully reinstate all fundamental freedoms in Thailand
Thailand: misuse of laws restricts fundamental freedoms (UN statement)
Community and environmental rights
“Development” and its discontents in Thailand
Thailand: ICJ submission to the UN Committee on Economic, Social and Cultural Rights
Apr 12, 2019 | Advocacy, News, Open letters
The ICJ sent a letter urging Singapore’s government to refrain from passing into law the Protection from Online Falsehoods and Manipulation Bill 2019 (‘Online Falsehoods Bill’) in its current form.
The letter was sent to Singapore’s Prime Minister, Deputy Prime Ministers, Minister for Law and Speaker of the Parliament.
The bill is reportedly expected to be adopted and come into force in the second half of 2019.
The ICJ acknowledged the efforts of Singapore’s government to attempt to counteract potential infringements on human rights and fundamental freedoms which may emerge from abusive communications involving the spread of misinformation. It noted however that the bill may, contrary to the object and purpose of its introduction, result in far-reaching limitations on the rights to freedom of expression, opinion and information.
The ICJ indicated that its provisions present a real risk that it can be wielded in an arbitrary manner to curtail important discussion of matters of public interest in the public sphere, including content critical of the government. Critical dissent, free exchange and development of opinions, and free access to information are necessary to maintain an informed society and ensure transparency, accountability and informed debate on crucial matters of public interest.
The letter included a legal briefing highlighting the ICJ’s concerns regarding provisions of the bill which contravene international human rights law and standards.
Singapore-online regulation bill letter-advocacy-open letter-2019-ENG Letter (PDF)
Singapore-online regulation bill briefing-advocacy-open letter-2019-ENG Briefing (PDF)
See also
ICJ, ‘Singapore: Parliament must reject internet regulation bill that threatens freedom of expression’, 4 April 2019, https://www.icj.org/singapore-parliament-must-reject-internet-regulation-bill-that-threatens-freedom-of-expression/
Apr 11, 2019 | Advocacy
Today the ICJ joined twenty organizations in calling for Myanmar’s new Constitutional Amendment Committee to fully protect the right to freedom of expression in the Constitution, in line with international law and standards including Article 19 of the International Covenant on Civil and Political Rights.
The statement reads:
“20 expert organisations urge Myanmar to fully guarantee the internationally protected right to freedom of expression in the Constitution
11 April 2019 — A new parliamentary committee tasked with reviewing Myanmar’s constitution is an opportunity for the government to guarantee the democratic rights to free expression, media freedom, and access to information.
We welcome the government’s creation of the Constitutional Amendment Committee, established to review and propose amendments that will support Myanmar’s transition to democracy.
Myanmar’s 2008 Constitution does not include the guarantees required in a democracy to protect freedom of expression. Those that it does include do not meet relevant international human rights standards. This threatens the transition to and quality of Myanmar’s democracy as can be seen for example in the wide range of laws used to prosecute journalists and human rights defenders.
We call on the Constitutional Amendment Committee to recommend:
- Replacement of the current heavily prescribed guarantee for freedom of expression in Articles 354(a) and 365 with a single article that guarantees the right to freedom of expression in accordance with international standards, so that it fully reflects the requirements of Article 19 of the International Covenant on Civil and Political Rights.
- A new separate article guaranteeing the right to access information held by public authorities.
- A new separate article guaranteeing media freedom, which should prohibit prior censorship of the media or licensing of the print media and individual journalists, and should protect journalism as well as the independence of the Myanmar Press Council, Myanmar Broadcasting Council, and any future public service media.
- Each guarantee should include only those limitations that are provided by law and are necessary for the respect of the rights or reputations of others, or for the protection of national security or of public order, or of public health or morals.
We are committed to supporting Myanmar’s transition to democracy and would be happy to provide further information and guidance as the Committee conducts its review.”
Signed by 20 organizations with the support of 13 other organizations.
Full statement and list of organizations available in English and Burmese here: Myanmar-Joint Statement on FoE and Const Ref-Advocacy-2019-BUR
