Oct 30, 2020 | Advocacy, Non-legal submissions
The Gauteng Township Economic Development Bill aims to promote local economic development in designated townships by creating and facilitating the creation of viable township businesses. The Bill establishes a Development Fund whose economic benefits and incentives are strictly reserved for citizens and permanent residents only.
The Bill would prohibit most non-citizens from large swathes of economic activity.
“This would include documented non-citizens like asylum seekers and refugees most of whom are not eligible for social assistance. It might prevent many non-citizens from making a living and could leave many destitute and homeless,” the ICJ Africa Director Kaajal Ramjathan-Keogh said.
“The Bill might also fuel existing xenophobic sentiment and could result in recurrences of xenophobic violence. Courts in South Africa have repeatedly warned government officials and departments against conduct that risks perpetuating xenophobia.”
If this Bill were to be enacted, South Africa would fall short of its requirements under both national and international law.
The ICJ has thus submitted their comments to the Gauteng Provincial Government, which you can find below.
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Oct 27, 2020 | Advocacy, Cases, Legal submissions
The ICJ and Amnesty International have presented today a third party intervention before the European Court of Human Rights in the case of the premature dismissal of Judge Waldemar Zurek from his position in the National Judicial Council.
In the case Zurek v. Poland, the ICJ and Amnesty International presented submissions on the scope of application of the right to a fair trial under Article 6.1 of the European Convention on Human Rights (ECHR) in cases relating to the role of an independent judiciary and its members through self-governance mechanisms (such as the National Council of the Judiciary) in light of international standards on judicial councils, judicial appointments, the judicial career and security of tenure; of the Court’s Convention jurisprudence; and of general principles on the rule of law and the role and independence of the judiciary.
They further submitted obervations on the scope of the right to freedom of expression under Article 10 ECHR as applied to judges, including those engaged in the administration of the judiciary.
ECtHR-AmicusBrief-Zurek_v_Poland-Advocacy-Legal-Submission-2020-ENG (download the third party intervention)
Oct 26, 2020 | Advocacy, News
As the sixth session if the Open-Ended Intergovernmental Working Group (OEWG) working on a draft treaty convenes, the ICJ welcomes the Revised Draft treaty and calls on States to work to overcome political obstacles an make substantial progress towards completing its work on this much needed treaty.
The session, which takes place from 26 to 30 October, has before it a second Revised Draft of a Legally Binding Instrument, presented by the Chairmanship of the OEWG. The ICJ welcomes this draft as a very good basis for negotiations, though it considers that certain provisions still require revision and refinement.
The session takes place in the difficult and uncertain backdrop of the COVID-19 pandemic, with its serious impacts on human rights such as the right to health and strains on the capacity of States and society to tackle its consequences.
The ICJ is especially concerned at the adverse impact of the restrictions imposed on civil society participation deriving from the rules adopted by the UN for the holding of meetings, while at the same time understanding that meetings cannot be held in the normal manner particularly given the recent increase of COVID cases in Geneva.
In general and with some exceptions, the Second revised Draft LBI reflects changes in the text, structure and organization of the draft articles that improve its potential to serve as an effective protective instrument, as well as increase its overall coherence. The ICJ considers the second Revised draft as a good starting point for negotiations which states should engage into without further delay.
Universal-ICJ comments on BHR treaty 2-Advocacy-2020-ENG (full statement in PDF)
Oct 13, 2020 | Advocacy, News, Non-legal submissions
On 12 October 2020, the ICJ made a submission to the Human Rights Council’s Working Group on the Universal Periodic Review in advance of the Human Rights Council’s review of Singapore in May 2021.
In its submission, the ICJ expressed concern about the following issues:
(i) Freedom of expression online;
(ii) The death penalty;
(iii) Corporal punishment; and
(iv) International human rights instruments.
The ICJ further called upon the Human Rights Council and the Working Group on the Universal Periodic Review to recommend that Singapore ensure, in law and in practice, the right to freedom of expression online, the right to life and the absolute prohibition against cruel, inhuman or degrading treatment or punishment; and become a party to core international human rights instruments, including the International Covenant on Economic, Social and Cultural Rights, the International Covenant on Civil and Political Rights, the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families and the International Convention for the Protection of All Persons from Enforced Disappearance, as well as the existing Optional Protocols to some of these treaties.
The submission is available in PDF here.
Oct 5, 2020 | Advocacy, Non-legal submissions
The ICJ today highlighted the need for accountability for crimes under international law in Libya, and concerns for the independence of lawyers in Ukraine, at the UN Human Rights Council in Geneva.
The oral statement, delivered in the general debate on technical cooperation and capacity building, read as follows:
“Madame President,
The International Commission of Jurists (ICJ) welcomes the oral updates on Ukraine and Libya.
Technical assistance and capacity building objectives in Libya can only be achieved if the protection of human rights, entrenchment of the rule of law and pursuit of accountability are prioritized.
States should support the Fact-Finding Mission by extending its reporting mandate, increasing contributions to the UN budget necessary to establish the Mission’s secretariat, and fully cooperating with it.
States should also support the Berlin Process working groups, ensuring that the political and accountability pillars work in unison and making meaningful commitments to implement their recommendations.
Across all of Ukraine, lawyers continue to be associated with their clients and may face consequences for representing them by private individuals and also through abuse of legal proceedings. High-profile cases bear risks for independent lawyers who choose to diligently represent their clients.
The decline in security of lawyers in and outside of courts, and the problem of threats, harassment, and attacks against lawyers, should be addressed as a matter of priority, including through technical cooperation. Measures should be taken to build the capacity of law enforcement agencies and court security personnel to ensure that lawyers and others involved in court proceedings can work in an atmosphere free from intimidation, harassment, and improper interference.
Thank you.”
Oct 5, 2020 | Advocacy, Non-legal submissions
The ICJ today joined other NGOs in expressing concern that the Human Rights Council is poised to fail to adequately respond to the human rights crisis in the Philippines, and urging stronger action.
The statement, which was delivered by the World Organization against Torture (OMCT) on behalf of the group of NGOs in a general debate on item 10, read as follows:
“On behalf of 15 organisations, including colleagues in the Philippines, we are deeply disappointed that the draft Item 10 resolution on the Philippines fails to reflect the gravity of the situation, including as documented in the OHCHR report.
Colleagues from the Philippines have tirelessly advocated for an international investigation, at great personal risk. The thousands of victims of killings and other violations and their families continue to be deprived of justice.
This is a collective failure by the States at this Council. We are shocked by the lack of support for a more robust response.
We acknowledge the rationale presented for constructive engagement with the Government of the Philippines. However, an approach based purely on technical cooperation and capacity-building has no realistic prospect of meaningful impact with a government that denies the true scale and severity of the human rights violations, has publicly endorsed the policy of killings, avoids independent investigations, and continues to crack down on civil society.
Despite the shortcomings of the resolution, it at least keeps the situation on the agenda for the next two years and allows for robust reporting by the OHCHR on the situation – including the implementation, or lack thereof, of OHCHR report recommendations. The Council must follow developments closely and be ready to launch an independent investigation if the killings and the crackdown on civil society do not immediately end and prosecution of perpetrators is not pursued.
I thank you.”
- Alyansa Tigil Mina (ATM)
- Amnesty International
- Asian Forum for Human Rights and Development (FORUM-ASIA)
- CIVICUS
- Ecumenical Voice for Human Rights and Peace in the Philippines (EcuVoice)
- Franciscans International
- Harm Reduction International
- Human Rights Watch
- iDefend
- International Commission of Jurists (ICJ)
- International Federation for Human Rights (FIDH)
- International Service for Human Rights (ISHR)
- KARAPATAN
- Philippine Alliance of Human Rights Advocate (PAHRA)
- World Organisation Against Torture (OMCT)
