Mar 22, 2021 | Advocacy, Non-legal submissions
Today, before the UN Human Rights Council, the ICJ called on Ukrainian authorities to ensure the security of lawyers and the independence of the judiciary, essential elements to make effective any human rights technical assistance and capacity building.
The statement reads as follows:
“Madame President,
In Ukraine, a number of lawyers, including those who defend human rights, in and outside of courts, including to face threats, harassment, and other attacks on their security.
Lawyers continue to be associated with their clients and may face detrimental consequences for representing them.
For example, in November 2020, lawyer Nikolay Osipchuk was physically attacked by the local Prosecutor and several other people in the court room of a district court. A pattern of such attacks was identified by the ICJ in a report issued last year.
The ICJ is further concerned at recent the attempts of interference by the Government with the independence of the judiciary in Ukraine.
The ICJ welcomes the withdrawal of the presidential draft law by which all judges of the Constitutional Court would have been dismissed. However, it is concerning that, following a criminal case initiated against him, the President of the Constitutional Court was suspended by a decision of the President of Ukraine. This decision, on dubious legal grounds, undermines the independence of the judiciary.
The ICJ urges that Ukraine:
- Ensure prompt, thorough, impartial and independent investigations of all attacks on lawyers, leading where appropriate, to bringing those responsible to justice;
- refrain from any acts which interfere with the independence of the judiciary and annul the suspension of the President of the Constitutional Court.
I thank you.”
Contact:
Massimo Frigo, ICJ UN Representative, e: massimo.frigo(a)icj.org, t: +41797499949
Mar 19, 2021 | Advocacy, News
On 13 and 14 March 2021, the ICJ and the Association of Tunisian Magistrates (AMT) organized a roundtable discussion in Tunis to assist Specialized Criminal Chambers (SCC) judges and prosecutors to advance accountability and justice in line with international law and standards.
Participants discussed in-depth the ongoing challenges to the fair and effective prosecution and adjudication of gross human rights violations before the SCC. They also examined joint approaches to address these challenges with a view to enhancing the fairness and effectiveness of the SCC proceedings and achieving accountability in turn.
At the roundtable, Said Benarbia, ICJ’s MENA ProgrammeDirector, underlined that SCC trials should enable victims to obtain redress and reparation, while ensuring the defendants’ right to a fair trial in compliance with Tunisia’s obligations under international law. Anas Hmedi, the President of the AMT, highlighted the key role that the SCC play in relation to the discovery of the truth, accountability and guarantees of non-recurrence of gross human rights violations in Tunisia.
Martine Comte, ICJ France Commissioner,stressed the importance of finding joint approaches and reinforcing coordination among the SCC to address the various challenges that that they are currently facing. Kalthoum Kennou, ICJ Tunisia Commissioner, called for the development ofjoint approaches to ensure victims’ participation at SCC trials and enhance support for the transitional justice process.
In light of the roundtable discussion, participants identified joint solutions and agreed to develop a set of recommendations targeting the High Judicial Council and its role in supporting the SCC and resolving the practical obstacles that might impede their work.
The roundtable is part of the ICJ’s efforts to enhance the SCC’s capacity to adjudicate the cases referred to them by the Truth and Dignity Commission (IVD) in a manner consistent with international law and standards.
Contact
Valentina Cadelo, Legal Adviser, ICJ Middle East and North Africa Programme, e: valentina.cadelo(a)icj.org
Asser Khattab, Research and Communications’ Officer, ICJ Middle East and North Africa Programme, e: asser.khattab(a)icj.org
Mar 18, 2021 | Advocacy, Non-legal submissions
Today, the ICJ and ARTICLE 19 called on the UN Human Rights Council and its Advisory Committee to adopt a human rights-centred approach in their work on “negative effects of terrorism”, during a general debate on human rights bodies.
The joint statement reads as follows:
“Madam President,
The ICJ and ARTICLE 19 have followed the Advisory Committee’s ongoing work on the negative effects of terrorism on human rights and understand that it still finalizing its report on the topic.
We consider that the efforts of the Committee and this Council on this topic should focus exclusively on preventing and addressing human rights violations resulting from counterterrorism measures and promoting and protecting the human rights of victims of terrorism.
The Committee’s earlier report instead dedicated much space to the macro-economic effects of terrorism which do not lead to concrete recommendations to States on the human rights dimensions.
This focus proposed by some States diverts the longstanding focus of the Human Rights Council away from core human rights concerns and from States’ duties to prevent, protect, investigate, and redress human rights abuses.
The ICJ and ARTICLE 19 point out that the existing and longstanding normative and institutional framework on counterterrorism and human rights is already sufficient to address relevant impacts of terrorism from a human rights perspective.
We call on the Committee and the Council to bear this in mind as they continue their engagement on this important topic.
Thank you.”
Contact:
Massimo Frigo, ICJ UN Representative, e: massimo.frigo(a)icj.org, t: +41797499949
Mar 17, 2021 | Advocacy, Non-legal submissions
Today, the ICJ joined Amnesty International and other 14 NGOs to express concern at continued attacks on the Special Procedures of the UN Human Rights Council by some States and at efforts to undermine their independence.
The joint statement reads as follows:
“Madame President,
Amnesty International delivers this statement on behalf of 15 NGOs.
We are deeply concerned by continued attacks on the Special Procedures and efforts to undermine their independence. We urge all states to affirm their commitment to human rights and the effectiveness of the international human rights system, by rejecting and condemning these efforts.
We welcome the continued efforts of the Coordination Committee to address objective non-compliance of mandate holders under the Internal Advisory Procedure, including in response to the failure of the Special Rapporteur on the right to privacy to submit his reports to the Council in time for their consideration at this session. We urge all states to support the Coordination Committee in their efforts to respond to concerns related to the working methods of the Special Procedures, as well as complaints against individual mandate holders.
At the same time, we deplore the efforts of some states to use this process as a cover to undermine the independence and effectiveness of the Special Procedures for political reasons. As on numerous previous occasions, certain states repeatedly accuse the Special Procedures of politicization but fail to substantively address the human rights concerns they raise.
We particularly regret the Russian Federation’s efforts, on 5 March, to suspend the HRC session altogether and their continued attempts, together with other states, to introduce unwarranted state oversight on the Special Procedures.
We were also alarmed to witness personal attacks on the Special Procedures, most worryingly against the Special Rapporteur on freedom of religion or belief, by the Chinese delegation, who during the interactive dialogue accused the mandate holder of ‘spread[ing] false information’ and ‘lack[ing] minimum professional ethics.” Such ad hominem attacks are unacceptable, and the Council must respond in the strongest terms to condemn such incidents. They also reveal a broader rejection of dialogue on human rights challenges – despite repeated statements urging the Council to privilege ‘dialogue and cooperation’ – and a lack of willingness on the part of the state concerned to take action to protect human rights.
It is time for states at this Council to take a strong proactive stand for its independent mechanisms, ensuring that they have the support and resources needed to fulfil their mandates and to hold states accountable when they commit human rights violations.
Thank you.”
The signatories of the statement are:
- Amnesty International
- ARTICLE 19
- Asian Forum for Human Rights and Development (FORUM-ASIA)
- Center for Reproductive Rights
- CIVICUS: World Alliance for Citizen Participation
- DefendDefenders (East and Horn of Africa Human Rights Defenders Project)
- Forum Menschenrechte e.V.
- Human Rights House Foundation
- Human Rights Watch
- International Commission of Jurists
- International Federation for Human Rights (FIDH)
- International Movement Against All Forms of Discrimination and Racism (IMADR)
- International Service for Human Rights (ISHR)
- Privacy International
- Women’s International League for Peace and Freedom
Contact:
Massimo Frigo, ICJ UN Representative, e: massimo.frigo(a)icj.org, t: +41797499949
Mar 16, 2021 | Advocacy, Non-legal submissions
Today, during a debate on the outcome of the Universal Periodic Review of Libya, the ICJ called on Lybian authorities to bring the country’s criminal legislation in line with international law, in particular by defining clearly crimes under international law.
The statement reads as follows:
“Madame President,
The International Commission of Jurists (ICJ) welcomes Libya’s acceptance of the recommendation to cooperate fully with the Independent Fact-Finding Mission on Libya and ensure that it has unfettered access throughout the country’s territory (148.7-8, 148.11-17).
The ICJ regrets that Libya has only taken note of – as opposed to accepting ‒ Estonia’s recommendation (148.80) to bring the Penal Code in line with international standards, and Libya’s rejection of Zambia’s recommendation (148.70) to define crimes under international law in Libya’s domestic legal system clearly.
Libyan domestic law fails to criminalize: arbitrary deprivation of life; torture and other ill-treatment; enforced disappearance; rape and other forms of sexual and gender-based violence; slavery; war crimes; and crimes against humanity, in line with international law and standards.
The ICJ further welcomes Libya’s acceptance of the recommendations (148.144-146, 148-149, 151-161, 165-166) to investigate effectively crimes under international law and bring perpetrators to justice.
The ICJ expresses concern, however, at the prevailing impunity in the country. Crimes under international law are not being effectively investigated and prosecuted, largely because of the absence of political will, inadequate resources, and the frequent threats against justice actors, particularly by armed groups.
The ICJ also regrets that Libya failed to accept the recommendations of: Ukraine (148.25); Costa Rica (148.31); Cyprus (148.32); France (148.33); the Holy See (148.34); Liechtenstein (148.35); Namibia (148.36); Portugal (148.37); Rwanda, Croatia and Slovakia (148.37); Argentina (148.38); Australia (148.39); Honduras (148.40); Iceland (148.41); Italy (148.42); and Latvia (148.43). These recommendations call on Libya to establish a moratorium on executions, and to accede to the Second Optional Protocol to the International Covenant on Civil and Political Rights with a view to abolishing the death penalty. The death penalty constitutes a violation of the right to life and of the absolute prohibition of torture and other cruel, inhuman or degrading treatment or punishment.
I thank you.”
Contact:
Massimo Frigo, ICJ UN Representative, e: massimo.frigo(a)icj.org, t: +41797499949
Vito Todeschini, Legal Adviser, ICJ MENA Programme, e: vito.todeschini(a)icj.org
Mar 16, 2021 | Advocacy
This side event will take place on Tuesday 16 March 2021, from 14:00-15:00 (CET) at the 46th session of the UN Human Rights Council. For registration: https://bit.ly/3llCCMF
Minority Rights Group International and South Asia Collective, along with ICJ, OMCT, Article 19 and FORUM-ASIA, are hosting a side event at 46th session of the Human Rights Council, on hate speech and incitement in South Asia. The aim is to instigate discussion on the causes and consequences of hate speech in South Asia, in the hope of encouraging UN and its agencies to engage better on preventive and early warning actions in the region.
Speakers
- Fernand de Varennes – UN Special Rapporteur on Minority Issues
- Alice Wairimu Nderitu – UN Special Advisor on the Prevention of Genocide
- Haroon Baloch, Pakistan – Digital Rights Researcher, Bytes for All Pakistan
- Farah Mihlar, Srilanka – Lecturer, University of Exeter; Srilanka Minority Rights campaigner
- Shakuntala Banaji, India – Professor of Media, Culture and Social Change at London School of Economics
Moderator
- Joshua Castellino – Executive Director, Minority Rights Group International
