Sep 11, 2019 | Advocacy, Non-legal submissions
The ICJ today reiterated its call for the UN Human Rights Council to establish an international independent Commission of Inquiry on the human rights situation in Venezuela.
The statement, delivered in a general debate at the Council following the oral update by the UN High Commissioner for Human Rights mandated by the previous Human Rights Council resolution on Venezuela, read as follows:
“Mr. President,
The International Commission of Jurists (ICJ) welcomes the High Commissioner for Human Rights’ oral update on the situation in Venezuela.
The update and previous reporting point to a wide range of human rights violations, which continue to occur inside the country. These include arbitrary deprivation of liberty, serious violations of indigenous people’s rights, excessive use of force by security forces and attacks on freedom of expression, among others, as well as the impacts of laws, policies and practices that have adversely affected the independence of the judiciary.
Over the years, the International Commission of Jurists has monitored and documented the lack of judicial independence in Venezuela and the absence of accountability for those responsible for gross human rights violations.
The ICJ urges the Human Rights Council to establish an independent Commission of Inquiry on the human rights situation in Venezuela, given that Venezuelan authorities have been unable or unwilling to pursue effective domestic accountability, and judicial and prosecutorial mechanisms in the country lack independence and impartiality.
The Commission of Inquiry should be mandated to investigate reports of violations of international human rights law in Venezuela, establish the facts and circumstances of violations committed since at least 2014, and identify those responsible with a view to contributing to full accountability for all violations, including those that constitute crimes under international law.
Thank you.”
The oral update of the UN Human Commissioner for Human Rights, on the situation in Venezuela, may be accessed here.
In August 2019, the ICJ joined other NGOs in calling for an international commission of inquiry on Venezuela.
States are expected to discuss a further resolution on Venezuela at the current Human Rights Council session, for adoption on 26 or 27 September.
Jul 11, 2019 | Advocacy, Non-legal submissions
The ICJ today called on the Human Rights Council to seek to allow the International Commission Against Impunity in Guatemala (CICIG) to continue its essential work, and to promote similar initiatives elsewhere.
The statement, delivered during a general debate on technical cooperation, read as follows:
“The International Commission of Jurists (ICJ) welcomes the technical cooperation the United Nations has provided to the International Commission Against Impunity in Guatemala (CICIG).
For more than ten years, the CICIG has been essential to the fight against corruption and impunity in Guatemala. It has provided invaluable support to prosecutors and judges in the investigation and and trial of major crimes of corruption.
The combination of provision of technical assistance and actual participation in the proceedings as “querellante adhesivo” (“complementary prosecutor”) has been important to the CICIG’s effectiveness. For instance, the CICIG helped ensure that investigations took place into high-level officers from the Government and against people that had illegally financed their public campaigns. Several public officers have been brought to justice.
The ICJ therefore expresses its deepest concern that the Government of Guatemala has decided to allow the mandate of the CICIG to expire on the 3rd of September, despite its role remaining as essential as ever to the fight against corruption and impunity in the country.
We urge the Human Rights Council to seek to allow the work of the CICIG to continue, as well as to promote more generally the important potential of UN involvement in such mechanisms to strengthen the fight against impunity at the national level.”
Jun 24, 2019 | Advocacy, Non-legal submissions
At the UN, the ICJ today highlighted the rights and duties of judges and prosecutors to exercise their freedoms of expression, assembly and association to defend the rule of law and human rights.
The oral statement was delivered in a Clustered Interactive Dialogue with the Independent Expert on Sexual Orientation and Gender Identity and the Special Rapporteur on the Independence of Judges and Lawyers, at the UN Human Rights Council in Geneva.
It read as follows:
“The International Commission of Jurists (ICJ) welcomes the report of the Special Rapporteur on the Independence of Judges and Lawyers on freedom of expression, association and peaceful assembly of judges and prosecutors.[1]
As the report acknowledges, exercise of these rights can be subject to restrictions arising from the fundamental need for judges and prosecutors to be perceived as independent and impartial. At the same time, as the report also emphasizes, any such restrictions must be provided by law and be demonstrably necessary to such legitimate aims, which in turn crucially requires proportionality.[2] These standards have been recognized both globally and in all regions of the world.[3] Any such restrictions on judges should be adopted and enforced by the judiciary itself.
We particularly welcome the recognition in the report that in situations where democracy and the rule of law are under threat, judges and prosecutors have not only the right, but potentially a duty, to speak out and organize in defence of democracy, the rule of law, and human rights, and that this can include participating in peaceful public demonstrations.[4]
Far too often in the ICJ’s work around the world, we see Executive and Legislative bodies, as well as compromised judicial hierarchies, arbitrarily or selectively targeting judges and prosecutors for removal, demotion or other disciplinary measures, precisely for exercising these rights to defend against threats to the rule of law. Examples highlighted in our submission to your study included Egypt, Morocco, Honduras, Hungary and Bulgaria.[5]
Mr. Rapporteur, how can judiciaries, governments, and civil society organisations (including international or regional legal professional associations) act internationally to support judges and prosecutors who are facing such abuse in another country?
The ICJ also welcomes the reports of the Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity. We urge all States to strongly support the renewal of this essential mandate at the current session.
Thank you.”
[1] ICJ’s detailed submission to the Special Rapporteur’s consultation is available at: https://www.icj.org/judgesexpression2019/
[2] Paragraphs 39, 45, 46, 89.
[3] In addition to the global and European, Asian, and American standards cited in the report, see the African Commission on Human and Peoples’ Rights, Principles and Guidelines on the Right to a Fair Trial and Legal Assistance in Africa (2005), paras A(4)(s) and (t), and F(d) and (e).
[4] Paragraphs 61, 69, 90, 102.
[5] See for further information: https://www.icj.org/judgesexpression2019/
Mar 20, 2019 | Advocacy, Non-legal submissions
The ICJ today joined other NGOs in addressing the UN Human Rights Council session in Geneva, on the situation for human rights in Guatemala.
The statement, delivered by Franciscans International on behalf also of ICJ and other NGOs, read as follows (translation of Spanish original):
“We welcome the High Commissioner’s Report concerning the activities of her Office in Guatemala. We share the concerns and recommendations in the report, especially those related to the indigenous peoples, migrants and legislative initiatives that would impact in the full enjoyment of human rights.
As it was highlighted in the report, we are also concerned by the current discussions on the initiative to reform the National Reconciliation Law. This reform would give amnesty to those who committed serious crimes during the armed conflict, including those who have already been convicted. This puts at risk not only the fulfillment of the state’s obligations to end impunity, but also the security and access to justice of hundreds of victims and witnesses. Guatemala should dismiss immediately the initiative and refrain from promoting any other initiative that would promote impunity.
Additionally, the political and social tensions are intensifying towards the upcoming elections, and the inclusion of various groups, especially indigenous peoples, is at risk. Currently there is a low participation and representation of indigenous peoples in the political scene of the country. Out of 178 seats in the Congress, only 18 are occupied by Mayans (from which only two are women). The State must guarantee free participation, without intimidation or threats, of indigenous peoples running for different positions.
Lastly, the regional human rights situation of migrants is aggravating and the response by Guatemala, as evidenced in the last months, shows the lack of an effective policy to deal not only with migrants in transit, but also to create conditions to prevent forced migration of Guatemalans.
We thank the work that the Office of the High Commissioner for Human Rights has done, and we stress the importance of its activities in the country.”
The full statement may be downloaded in English and the original Spanish, in PDF format, here: HRC40-OralStatement-GDitem2-Guatemala-2019-EN-ESP
Dec 11, 2018 | Advocacy
In a document presented to the Inter-American Commission on Human Rights, ICJ Vice President Carlos Ayala explains that Venezuela’s denunciation of the OAS Charter remains without effect.
In April 2017, Venezuela lodged a notification with the Secretary General of the Organisation of American States (OAS) that Venezuela denounced the OAS Charter in order the withdraw its membership from the organisation.
In a document presented to the Inter-American Commission on Human Rights on 4 December 2018, ICJ Vice President Carlos Ayala explains why the denunciation is unconstitutional and violates binding principles of international law.
According to Professor Ayala, who served as President of the Inter-American Commission between 1996 and 1999, the OAS Charter holds a constitutional status under Venezuela’s domestic law that does not permit withdrawal from the Charter on the basis of political interests.
Additionally, the Charter establishes that it will cease to be in force following a notification of denunciation only after the denouncing State has fulfilled its obligations under the Charter. Since Venezuela is the subject of several pending matters concerning its purported failure to fulfil Charter obligations, its denunciation remains without effect.
Venezuela-OAS denunciation-Advocacy-2018-SPA (see full document, in Spanish)
Sep 28, 2018 | Advocacy, Non-legal submissions
The ICJ joined other civil society organisations in addressing the UN Human Rights Council, on the successes and failures of its 39th session, concluding today.
The statement, read by International Service for Human Rights (ISHR), was as follows:
“This session, the Council adopted landmark resolutions on several country situations, further enhancing its contribution to the protection of human rights.
On Myanmar, we welcome the creation of the independent investigative mechanism, which is an important step towards accountability for the horrific crimes committed in Myanmar, as elaborated in the FFM’s report to this session. The overwhelming support for the resolution, notwithstanding China’s shameful blocking of consensus, was a clear message to victims and survivors that the international community stands with them in their fight for justice.
On Yemen, the Council demonstrated that principled action is possible, and has sent a strong message to victims of human rights violations in Yemen that accountability is a priority for the international community, by voting in favour of renewing the mandate of the Group of Eminent Experts to continue international investigations into violations committed by all parties to the conflict.
Furthermore, we welcome the leadership by a group of States on the landmark resolution on Venezuela, and consider it as an important step for the Council applying objective criteria to address country situations that warrant its attention. The resolution, adopted with support from all UN regions, sends a strong message of support to the Venezuelan people. By opening up a space for dialogue at the Council, the resolution brings scrutiny to the tragic human rights and humanitarian crisis unfolding in the country.
While we welcome the renewal of the mandate of the Commission of Inquiry (CoI) on Burundi, to continue its critical investigation and work towards accountability, however we regret that the Council failed to respond more strongly to Burundi’s record of non-cooperation and attacks against the UN human rights system.
We also welcome the Council’s adoption of the resolution on Syria, which among other things condemns all violations and abuses of international human rights law and all violations of international humanitarian law committed by all parties to the conflict.
However, on other country situations including China, Sudan, Cambodia and the Philippines, the Council failed to take appropriate action.
On Sudan, we are deeply concerned about the weak resolution that envisions an end to the Independent Expert’s mandate once an OHCHR office is set up; a “deal” Sudan has already indicated it does not feel bound by, and which is an abdication of the Council’s responsibility to human rights victims in Sudan while grave violations are ongoing. At a minimum, States should ensure the planned country office monitors and publicly reports on the human rights situation across Sudan, and that the High Commissioner is mandated to report to the Council on the Office’s findings.
We also regret the lack of concerted Council action on the Philippines, in spite of the need to establish independent international and national investigations into extrajudicial killings in the government’s ‘war on drugs’, and to monitor and respond to the government’s moves toward authoritarianism.
In addition, we regret the Council’s weak response to the deepening human rights and the rule of law crisis in Cambodia, failing to change its approach even when faced with clear findings by the Special Rapporteur demonstrating that the exclusive focus on technical assistance and capacity building in the country is failing.
We share the concerns that many raised during the session, including the High Commissioner, about China’s own human rights record, specifically noting serious violations of the rights of Uyghurs and other predominantly Muslim minorities in Xinjiang province. It is regrettable that States did not make a concrete and collective call for action by China to cease the internment of estimates ranging up to 1 million individuals from these communities.
On thematic resolutions, we welcome the adoption of the resolution on equal participation in political and public affairs but would have preferred a stronger endorsement and implementation of the Guidelines.
The resolution on safety of journalists, adopted by consensus, sets out a clear roadmap of practical actions to end impunity for attacks. Journalism is not a crime – yet too many States in this room simply imprison those that criticize them. This must end, starting with the implementation of this resolution.
We welcome the adoption by consensus of the resolution on preventable maternal mortality and morbidity and human rights in humanitarian settings. Women and girls affected by conflict have been denied accountability for too long. The implementation of this resolution will ensure that their rights, including their sexual and reproductive health and rights, are respected, protected and fulfilled.
Finally, the Council’s first interactive dialogue on reprisals was an important step to ensure accountability for this shameful practice, and we urge more States to have the courage and conviction to stand up for defenders and call out countries that attack and intimidate them.”
Signatories:
- The African Centre for Democracy and Human Rights Studies (ACDHRS)
- Amnesty International
- Article 19
- Center for Reproductive Rights
- CIVICUS
- DefendDefenders
- FIDH
- Forum Asia
- Human Rights House Foundation (HRHF)
- Human Rights Watch
- International Commission of Jurists
- International Service for Human Rights (ISHR)
