Martin Ennals Award for human rights defenders:  Abdul Aziz Muhamat (Sudan/Papua New Guinea) is the 2019 laureate

Martin Ennals Award for human rights defenders: Abdul Aziz Muhamat (Sudan/Papua New Guinea) is the 2019 laureate

Sudanese refugee activist Abdul Aziz Muhamat is the 2019 Martin Ennals Award Laureate. He was among three finalists, selected last October by a jury of ten of the world’s leading human rights organizations, including the ICJ, together with Marino Cordoba Berrio (Colombia) and Eren Keskin (Turkey).

“This award sheds light on the very cruel refugee policy of the Australian Government. It also brings international attention to the dangers and ill-treatment faced by refugees all over the world, including in countries that claim they uphold the Refugee Convention,” said Abdul Aziz Muhamat.

The 2019 laureate was fleeing war in Darfour. In October 2013, he was forcibly transferred to the island of Manus (Papua New Guinea), as part of Australia’s “offshore” refugee policy, when the boat he was on was intercepted by the authorities.

More than five years on, he is still stranded on the island, like hundreds of refugees and asylum seekers, and subject to deprivation, harassment, humiliation and violence.

“This young man was only 20 when he first arrived on Manus island. Since then, he never stopped raising his voice for those who have been stripped of their most basic rights together with him. He showed extraordinary tenacity and courage, always resisting peacefully even after a police officer shot him in the leg,” said Dick Oosting, Chair of the Martin Ennals Foundation.

“The Australian Government must meet its international obligations and put an end to these inhumane practices,” he added.

Living conditions on Manus island have been denounced by human rights organizations.

“Men are dying, notably for lack of appropriate medical care. Some of them, including children, committed suicide. We need safety, we need freedom, we need hope. Opposing this cruel system helps preserve my self-esteem and my human dignity,” Abdul Aziz Muhamat said.

“I will continue to fight until all of us are safe and free,” he added.

The two other finalists of the 2019 Martin Ennals Award are Eren Kerskin (Turkey) and Marino Cordoba Berrio (Colombia).

A lawyer who has been engaged for over 30 years in advancing the rights of women, Kurds and LGBTI+ notably, Eren Kerskin was recently sentenced to twelve and a half years in prison for supporting the shuttered pro-Kurdish newspaper Özgür Gündem.

She has been accused of denigrating the Nation and insulting the President in her chronicles.

“Freedom of expression and freedom of thought are severely punished in Turkey nowadays. The government tolerates no dissenting voices. I know that by resisting we can change the world. Thank you for not forgetting us. Your solidarity and support give me the courage to continue the struggle,” she said.

Marino Cordoba Berrio is a leading figure within the Afro-Colombian community, which has been repeatedly stripped of its rights and lands.

For two decades, he has been struggling for the rights of his ethnic and other marginalized groups, at the risk of his own life in a country where more than 400 social leaders and human rights defenders have been killed in the past two years.

“Historically, we have suffered from political, economic and social exclusion. To seek and obtain justice for my people is crucial for our survival,” he said.

“Under the peace agreement and thanks to our efforts, ethnic groups’ rights are recognized and so is the need to protect them. It’s high time for the government of Colombia to meet its commitments and put an end to the escalating violence affecting our communities,” he added.

The Martin Ennals Award for human rights defenders is given out since 1994. It honours individuals who have shown outstanding commitment to the promotion and protection of human rights, despite the risks involved.

This award aims at shedding light on their situation and their work. It provides them with international recognition and protection, as well as financial support to pursue their activities.

The three finalists were honoured today during a ceremony organized by the City of Geneva.

The jury of the Martin Ennals Award comprises ten of the world’s leading human rights organizations: the ICJ, Human Rights Watch, Amnesty International, FIDH, Human Rights First, International Service For Human Rights, Brot für die Welt, Front Line Defenders, the World Organization Against Torture and HURIDOCS.

Contact:

Olivier van Bogaert, Director Media & Communications, ICJ representative in the MEA Jury, t: +41 22 979 38 08 ; e: olivier.vanbogaert(a)icj.org

Watch video of MEA Laureate 2019:

Watch the whole MEA 2019 Ceremony in Geneva:

ICJ launches project combatting impunity for serious human rights violations in Colombia, Guatemala and Peru

ICJ launches project combatting impunity for serious human rights violations in Colombia, Guatemala and Peru

Today in Bogotá, Colombia, ICJ and its partners launched a new 30-month project under the ICJ’s Global Accountability Initiative entitled, Promoting justice for extrajudicial killings and enforced disappearances in Colombia, Guatemala and Peru.

 The aim of the project is to promote the accountability of perpetrators and access to effective remedies and reparation for victims and their families in cases of extrajudicial killings and enforced disappearances in Colombia, Guatemala and Peru – and Latin America more broadly – through effective, accountable and inclusive laws, institutions and practices that also reduce the risk of future violations

The ICJ’s partners include the Asociacion de Familiares de Detenidos-Desaparecidos de Guatemala (FAMDEGUA), Asociación Red de defensores y defensoras de derechos humanos (dhColombia), Equipo Argentino de Antropología Forense (EAAF), Equipo Peruano de Antropología Forense (EPAF), Fundación de Antropología Forense de Guatemala (FAFG), and the Instituto de Defensa Legal (IDL).

Christof Heyns, Director of the Institute for International and Comparative Law in Africa and Professor of Human Rights Law at the University of Pretoria – and a former Special Rapporteur on extrajudicial, summary or arbitrary executions – also joins the project as special adviser.

In carrying out the project the ICJ will conduct general studies on obstacles to impunity in Colombia, Guatemala and Peru, as well as specific documentation of emblematic cases of serious human rights violations.  The ICJ will also produce a practitioners’ guide for use by civil society, victims and their representatives on the investigation and prosecution of potentially unlawful death, and a regional guide for forensic experts on the investigation and prosecution of potentially unlawful death.  In connection with the project the IJC intends to conduct strategic litigation, trial observations and capacity building activities involving judges, prosecutors, investigators, lawyers, civil society, victim groups and forensic experts.

The project is supported by the EU European Instrument for Democracy and Human Rights (EIDHR).

Contacts:

Kingsley Abbott, Senior Legal Adviser & Coordinator of the ICJ’s Global Accountability Initiative, email: kingsley.abbott(a)icj.org

Rocío Quintero, Legal Adviser, Latin America, email: rocio.quintero(a)icj.org

Guatemala: Government orders that eleven more officials of the International Commission against Impunity (CICIG) leave the country

Guatemala: Government orders that eleven more officials of the International Commission against Impunity (CICIG) leave the country

According to information published in the Official Gazette, the government of Guatemala has ordered that eleven more officials and two family relatives from the CICIG leave the country within 72 hours from the time of issuing the notification. However, no official communication using the usual diplomatic channels has yet been sent to the CICIG.

In September 2018, the head of the CICIG, Commissioner Ivan Velasquez, was banned from re-entering the country and the government stated it would not renew the CICIG mandate after September 2019.

Ramon Cadena, the ICJ Director for Central America, stated: “The ICJ considers this new measure is designed to hinder criminal investigations against high-level government officials accused of corruption.”

The CICIG acts as a special prosecutor in serious corruption and other criminal cases and carries out investigations to identify responsible parties. The persons who have been asked to leave the country are the lawyers, police and prosecutors who are investigating important corruption cases, such as the ‘The Line’ case, in which the former President and Vice-President have been charged and other cases including those within the National Police.

Ramon Cadena continued: “It cannot escape anyone’s attention that one of the CICIG investigators who has been asked to leave the country was the person who is responsible for the corruption case involving the General Property Registry, that allegedly implicates both the son and brother of President Jimmy Morales”.

This new measure by the government seriously affects the rule of law and constitutes a flagrant violation of article 10 (4) of the agreement establishing the CICIG signed between Guatemala and the UN, which states:

“The Government agrees to provide to CICIG and its personnel the security necessary for the effective completion of CICIG’s activities throughout Guatemala, and to protect the personnel of CICIG, whether national or international, from abuse, threats, reprisals or acts of intimidations, in virtue of their status as personnel of, or their work for CICIG.”

Cadena added: “It is deeply regrettable that it is precisely the CICIG staff acting in high-impact cases who are being targeted by these measures because of their work to combat corruption and impunity. It is clear that the government is seeking to divert the CICIG from its path.”

Furthermore, according to the UN Basic Principles on the Role of Lawyers, No 16: “Governments shall ensure that lawyers: a) are able to perform all of their professional functions without intimidation, hindrance, harassment or improper interference… “   Cadena continued, “The ICJ is deeply concerned that several CICIG personnel affected by these measures are lawyers and members of the Guatemalan Bar Association. Their work is being hindered and the Guatemalan Bar Association should take action to defend its members.”

“Guatemala should comply with international human rights law and ensure that acts of corruption that impact human rights are fairly and impartially investigated and prosecuted. The presence of the CICIG contributes to ensuring that Guatemala complies with its international obligations” he added.

Cadena concluded by stating: “With these arbitrary measures, the Constitutional order of Guatemala and its democratic institutions are undermined. The Guatemalan State should ensure effective measures are taken against corruption, consistent with its international human rights and other obligations. The CICIG is one of the most successful examples of work to end corruption and impunity. The Guatemalan authorities should support the CICIG instead of hindering its work and obstructing justice.”

Business and Human Rights: Situation in Izabal, Guatemala

Business and Human Rights: Situation in Izabal, Guatemala

A conference on the situation of business and human rights in Izabal, Guatemala will be held on 29 November 2018 at UNIMAIL University of Geneva at 6:30 pm.

THIS CONFERENCE IS IN FRENCH AND SPANISH ONLY

The conference is co-organised by the International Commission of Jurists, the Department of International Public Law and International Organisation, Faculty of Law, University of Geneva and the Town of Geneva.

Speakers at the conference include Ramon Cadena, the Director of the ICJ Central America Office, Amalia Caal Coc, a local community leader from the Guilermo Torielo Foundation, Maynor Alvarez, Director of Community Relations from the Guatemalan Nickel Company, Solway Group, and Sandra Ratjen, Franciscans International.  The panel moderator is Dr Antonella Angelini from the Department of International Public Law and International Organisation.

The meeting room is R070 at UNIMAIL,  There will be a discussion after the panel. Entrance is free and there will be interpretation in French and Spanish.

Flyer in Spanish (PDF) 

Flyer in French (PDF) 

Special hearing of the Inter-American Commission of Human Rights (IACHR) on the role of the Guatemalan Commission against Corruption (CICIG)

Special hearing of the Inter-American Commission of Human Rights (IACHR) on the role of the Guatemalan Commission against Corruption (CICIG)

The Inter-American Commission of Human Rights (IACHR) held a special hearing on the role of the International Commission against Impunity in Guatemala (CICIG) in Boulder, Colarado.

Ramón Cadena, the ICJ Director stated “We regret that the Government of Guatemala requested the IACHR to hold the hearing behind closed doors since all the points discussed were of public interest. The discussions should have been open to the press and the general public. We urge the authorities to ensure there will be no retaliations against the work carried out by human rights organizations and human rights defenders.”

The ICJ welcomed the participation of many NGOs  at the event  and the frank dialogue that took place on this crucial issue for human rights in that country. The Guatemalan government delegation claimed that the Inter-American System of Human Rights was not competent to consider the matter. However, the IACHR maintained it was competent, according to the American Convention of Human Rights and other regional human rights legislation. As an “external observer”, the IACHR  stated it was “surprised” by the latest decisions taken by government authorities at the highest level not to extend the CICIG mandate nor allow the entry of Commissioner Iván Velásquez into the country. It considered these decisions were “excessive” and in no way strengthened the rule of law in Guatemala.

The government delegation further argued that the CICIG acted as a “parallel prosecutor” which affects the internal order of the country. The NGO delegation stated that on the contrary the CICIG acted as a “complementary prosecutor”. The delegation further noted that before the CICIG mandate was approved, the Constitutional Court, in an opinion published in the official gazette on 8 May 2007 (document no 791-2007), considered that the CICIG did not violate the constitutional order nor the rule of law in Guatemala.

The Constitutional Court referred to the CICIG as having “the function of supporting, assisting and strengthening the state institutions responsible for investigating crimes committed by  illegal and clandestine security forces .. and does not exclude the possibility of receiving  support from other institutions in the collection of evidence, provided that the participation has been established in a legal manner, as in the present case.”

The IACHR considered that the essential question  was whether the State of Guatemala already had the judicial independence and strong  institutions necessary to  fight against corruption in Guatemala without the support of the CICIG. The NGO delegation considered, based on different arguments, that the presence of the CICIG in Guatemala was still necessary.

The IACHR also informed the government delegation that it was in their interest to invite an in-situ visit of the IACHR as soon as possible so as to better understand the human rights situation.

The ICJ Director for Central America Ramón Cadena participated in the hearing at the request of the Central American Institute for Social Democracy  Studies (DEMOS), the Committee for Peasant Development (CODECA) and the Network of Community Defenders. The Indigenous Peoples Law Firm had been requested to attend by these organizations but was unable to do so at the last moment.

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