Nepal: after a decade, still time to provide justice

Nepal: after a decade, still time to provide justice

Ten years after the Comprehensive Peace Accord (CPA) ended Nepal’s bloody civil war, Nepali authorities must renew their commitment to ensure truth, justice and reparation for victims of the conflict who are still waiting for redress, the ICJ said today.

The CPA, signed by the Government of Nepal and the country’s major political parties, including the then Communist Party of Nepal (Maoist) on 21 November 2006, called for a credible transitional justice process that would ensure victims’ rights to truth, justice, reparation and effective remedy in accordance with Nepal’s international human rights obligations.

“The hope and promise to conflict victims towards fulfillment of their rights to truth, justice and reparation that came with the signing of the CPA and the end of the conflict ten years ago have yet to be realized,” said Sam Zarifi, ICJ Asia director.

“Over the last ten years, various governments from all the different parties have blocked or hindered the transitional justice process, ignoring rulings by the Supreme Court that demanded compliance with international law and standards,” he added.

The full statement can be downloaded here:

nepal-statement-cpa-anniversary-advocacy-2016-eng (full text in PDF)

Thailand: proposed amendments to Computer-Related Crime Act fail to address human rights concerns

Thailand: proposed amendments to Computer-Related Crime Act fail to address human rights concerns

The ICJ, Amnesty International, FIDH, Fortify Rights and Lawyers’ Rights Watch Canada urge Thailand’s National Legislative Assembly (NLA) to reject currently proposed amendments to the 2007 Computer-Related Crime Act (CCA).

The full text of their statement can be dowloaded here:

thailand-cca-amendments-advocacy-2016-eng (in PDF)

thailand-cca-amendments-advocacy-2016-tha (Thai, in PDF)

Cambodia: UN statement on human rights, civil society, and the judiciary

Cambodia: UN statement on human rights, civil society, and the judiciary

The ICJ today delivered an oral statement to the UN Human Rights Council, during the interactive dialogue with the Special Rapporteur on the situation of human rights in Cambodia.The ICJ welcomed the report of the Special Rapporteur on the situation of human rights in Cambodia, before continuing as follows:

The ICJ concurs with the Special Rapporteur’s observation that “democratic space has been reduced in Cambodia through the application of a range of laws … and the restriction of a range of legitimate activities of non-governmental and civil society organizations.”

Since 2014, Cambodia has adopted laws inconsistent with its international human rights obligations, including undermining the independence of the judiciary, and unduly restricting the work of civil society.

Human rights defenders increasingly face retaliation for their legitimate work, shrinking civil society space.

Last week, the ICJ observed the criminal trial of Ny Chakrya, Deputy Secretary-General of the National Election Committee and former Head of Human Rights Section and Legal Aid at a leading NGO, ADHOC. He was convicted of crimes, including criminal defamation, for raising allegations of human rights violations. Ny Chakrya and four staff-members of ADHOC, all of whom are in detention, also face another investigation with all the hallmarks of being politically motivated.

Indeed, numerous members of the political opposition and human rights defenders are in exile, face legal proceedings, or have been convicted, in cases that also appear to be politically motivated.

Further, the investigation into the July 2016 killing of leading human rights defender, Kem Ley, lacks transparency.

We very much welcome the spotlight the Special Rapporteur placed on such cases by naming them here today.

2016 marks 25 years since the Paris Peace Agreements under which Cambodia undertook to “ensure respect for and observance of human rights and fundamental freedoms in Cambodia.”

We urge Cambodia, the signatories to the Paris Peace Agreements, the Special Rapporteur on Cambodia, the Office of the High Commissioner for Human Rights, and the Human Rights Council, to work to ensure these Agreements are given full effect – particularly as Cambodia prepares for local and national elections scheduled for 2017 and 2018.

The statement may be downloaded in PDF format here: hrc33-srcambodia-2016

Thailand: statement to UN on situation for human rights

Thailand: statement to UN on situation for human rights

The ICJ, speaking at the UN Human Rights Council, highlighted concerns with criminalization of political gatherings, arbitrary detention, use of military for law enforcement, and trials of civilians before military courts, in Thailand.

The statement was made during discussion of the outcome of the Second Universal Periodic Review (UPR) of Thailand.

While congratulating Thailand on completion of the UPR, the ICJ oral statement continued as follows:

However, the ICJ is disappointed that several key recommendations concerning restrictions of civil and political rights in the country did not enjoy the support of Thailand.

The interim Constitution, put in place by the military government after the May 2014 coup, remains in force. Article 44 gives the government sweeping, unchecked powers inconsistent with the fundamental pillars of the rule of law and human rights.

The military government has issued numerous orders and announcements under the interim Constitution, including some that criminalize political gatherings, allow arbitrary detention for up to seven days without charge, and provide military officers broad powers of law enforcement.

At least 1,811 civilians have faced proceedings in military courts contrary to international law and standards, many merely for exercising their rights to free expression and peaceful assembly.

Thailand did not accept any of the recommendations to remove these restrictions on the rule of law and human rights.

While the ICJ welcomes the Order of 12 September 2016 ending the practice of prosecuting civilians in military courts for crimes committed after that date, approximately 500 civilian cases remain in military courts.

The ICJ is also concerned that in July the government charged three human rights defenders with criminal defamation for raising allegations of torture in the deep South.

The ICJ urges Thailand to accept and implement recommendations relevant to:

  • revoking the interim Constitution and all NCPO orders and announcements that are contrary to the rule of law and respect for human rights;
  • transferring all pending civilian cases to civilian courts and set aside the convictions of all civilians prosecuted in military courts since the 2014 coup; and
  • ending all harassment of human rights defenders in Thailand.

The statement may be downloaded in English and in Thai in PDF here:

thailand-hrc33-upr-advocacy-non-legal submission-2016-eng

thailand-hrc33-upr-advocacy-non-legal-submission-2016-tha

 

 

ICJ’s Submission to the Universal Periodic Review (UPR) of India

ICJ’s Submission to the Universal Periodic Review (UPR) of India

On 16 September 2016, the ICJ made a submission to the Universal Periodic Review of India.

The submission brings to the attention of the members of the Human Rights Council’s Working Group on the UPR issues concerning:

  • discrimination and violence based on sexual orientation and gender identity;
  • death penalty;
  • impunity and accountability;
  • freedom of speech, expression and association;
  • ratification and implementation of international human rights instruments.

india-icj-upr-submission-advocay-non-legal-submission-2016-eng (full text in PDF)

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