Mar 29, 2021 | News, Publications, Reports, Thematic reports, Uncategorized
The International Commission of Jurists (ICJ) has published a new report Accessing Economic and Social Rights in Uzbekistan: An Analysis of Selected Laws and Practices. In the report, it considers aspects of Uzbekistan’s implementation of its obligations to respect, protect and fulfil economic, social and cultural (ESC) rights through laws and policies as well as through access to justice and remedies for those who allege that their ESC rights have been violated.
Analysing the general legal framework for protection of these rights, the report considers in more detail particular challenges in Uzbekistan, in respect of the right to adequate housing, the right to health, and rights in the workplace.
In the report, the ICJ concludes that in-depth reforms of the justice system are still needed to ensure effective remedies for ESC rights violations in practice, including through genuine independence of the judiciary and regular application of international human rights law in and by the courts.
In general, the use of international law in the Uzbekistan justice system remains weak and underdeveloped. International law is to a high degree theoretical for most legal practitioners, an approach that appears to have its roots in legal tradition and culture, lack of political will and a lack of concrete programmes of measures to make progress in this regard. In practice, judges, prosecutors and lawyers continue not to be exposed to international law on ESC rights, and usually do not apply it in their work directly.
The report concludes that in Uzbekistan the justiciability of ESC rights is not always accepted, as some ESC rights are not seen as rights whose violation could or should be remedied through and by the courts. Rather, many actors see guarantees of non-discrimination or aspects of the right to health or education as benefits which are not of a justiciable nature. Lawyers, sharing a similar legal mindset and background, do not tend to demonstrate the necessary legal activism in pursuing judicial remedies in such cases.
The report contains five chapters. Chapter 1 of the report outlines the general issues which are essential to ensure access to justice for ESC rights in Uzbekistan. Chapter 2 is dedicated to issues related to the right to housing, its international legal aspects and national implementation. Chapter 3 discusses issues related to the right to health while Chapter 4 describes the aspects of the protection of the right to work internationally as well as in Uzbekistan. In Chapter 5, the report sets out conclusions and recommendations on access to justice as well as the measures to protect specific rights addressed in the report.
The publication of the report marks the conclusion of a three-year project, ACCESS, of the International Commission of Jurists (ICJ), which has worked to advance civil society engagement for the protection of ESC rights in Uzbekistan. It draws on several discussions in Uzbekistan, as well as on legal research carried out throughout the project.
Please see the report below:
In English: Accessing Economic and Social rights in Uzbekistan: an analysis of selected laws and practices
In Russian: Доступ к экономическим и социальным правам в Узбекистане: анализ законодательства и практики
In Uzbek: Ўзбекистонда иқтисодий ва ижтимоий ҳуқуқларни баҳолаш: айрим қонунлар ва амалиёт таҳлили
Please see the executive summaries below:
In English: Accessing Economic and Social rights in Uzbekistan: an analysis of selected laws and practices. Executive summary
In Russian: Доступ к экономическим и социальным правам в Узбекистане: анализ нормативно-правовых актов и практики. Резюме отчета.
In Uzbek: Ўзбекистонда иқтисодий ва ижтимоий ҳуқуқлардан фойдаланиш имкониятлари: алоҳида норматив-ҳуқуқий ҳужжатлар ва амалиёт таҳлили.Ҳисоботнинг қисқача мазмуни
Mar 29, 2021 | Agendas, Events, News
Judges play a crucial role in protecting the rights of migrants and asylum seekers, and refugees , experts emphasized at a conference for judges in the Czech Republic held by the International Commission of Jurists (ICJ), Forum for Human Rights and Czech judicial academy on 22-23 March 2021.
The right of asylum seekers to an effective remedy is guaranteed in international and EU law, and it requires a full and ex nunc examination of both facts and points of law. Conference participants discussed how specific vulnerabilities of people in asylum proceedings must be identified as early as possible and the important role that judges play in ensuring that this is the case.
Speakers emphasized that the “best interest of the child” principle, and the right to private and family life, have to be taken into consideration when termination of residence of migrants is in question.
The training, “Selected discourses of asylum and migration law from the international and national perspective” addressed relevant topical questions on the protection of human rights in asylum proceedings in the Czech Republic. Participants included international experts and about 100 participants from among Czech judges and judicial assistants. The speakers included highly experienced European judges, and Czech legal experts and judges. The event was co-organised with Forum for Human Rights, a Czech and Slovak nongovernmental organization, and the Judicial academy of the Czech Republic.
Background
The event took place as part of the FAIR PLUS project. You can find the agenda of the national training here and more details on the issues covered by the training here.
Watch on YouTube: FAIR PLUS Project: Selected discourses of asylum and migration law form the international and national perspectives.
Mar 29, 2021 | Advocacy, News
On 25 March 2021, the ICJ filed two submissions to the UN Human Rights Council Working Group on the Universal Periodic Review (UPR) ahead of the review of Thailand’s human rights record in November 2021.
For this particular review cycle, the ICJ made two joint UPR submissions to the Human Rights Council.
In the joint submission by ICJ and Thai Lawyers for Human Rights (TLHR), the organizations provided information and analysis to assist the Working Group on the UPR to make recommendations addressing various human rights concerns that arise as a result of Thailand’s failure to guarantee, properly or at all, a number of civil and political rights, including with respect to:
- Constitution and Legal Framework: concerning the 2017 Constitution that continues to give effect to some repressive orders issued by the military junta after the 2014 coup d’état, the Emergency Decree, the Martial Law, and the Internal Security Act;
- Freedom of Expression and Assembly: concerning the use of laws that are not human rights compliant and, as such, arbitrarily restrict the rights to freedom of expression, association and peaceful assembly, in the context of the Thai government’s response to the pro-democracy protests and, purportedly, to COVID-19; and
- Right to Life, Freedom from Torture and Enforced Disappearance: concerning the resumption of death penalty, the failure to undertake prompt, thorough and impartial investigations, and to ensure accountability of those responsible for the commission of torture, other ill-treatment and enforced disappearance, and the failure, to date, to enact domestic legislation criminalizing torture, other ill-treatment and enforced disappearance.
In the second, joint submission by ICJ, ENLAWTHAI Foundation and Land Watch Thai, the organizations provided information and analysis to assist the Working Group to make recommendations addressing various human rights concerns that arise as a result of Thailand’s failure to guarantee, properly or at all, a number of economic, social and cultural rights, including with respect to:
- Human Rights Defenders: concerning threats and other human rights violations against human rights defenders, and the restrictions on civil society space and on the ability to raise issues that the government deems as criticism of its conduct or that it otherwise disfavours;
- Constitution and Legal Framework: concerning the continuing detrimental impact of the legal framework imposed since the 2014 coup d’état on economic, social and cultural rights;
- Community Consultation: concerning the lack of participatory mechanisms and consultations, as well as limited access to information, for affected individuals and communities in the execution of economic activities that adversely impact local communities’ economic, social and cultural rights;
- Land and Housing: concerning issues relating to access to land and adequate housing, reports of large-scale evictions without appropriate procedural protections as required by international law, and the denial of the traditional rights of indigenous peoples to their ancestral lands and natural resources; and
- Environment: concerning the widespread and well-documented detrimental impacts of hazardous and industrial wastes on the environment, the lack of adequate legal protections for the right to health and the environment, and the effectiveness of the environmental impact assessment process set out under Thai laws.
The ICJ further called upon the Human Rights Council and the Working Group on the Universal Periodic Review to recommend that Thailand should take various measures to immediately cease all aforementioned human rights violations; ensure adequate legal protection against such violations; ensure the rights to access to justice and effective remedies for victims of such violations; and ensure that steps be taken to prevent any future violations.
Download
UPR Submission 1 (PDF)
UPR Submission 2 (PDF)
Mar 28, 2021 | News
The credibility of the criminal trials currently ongoing before Tunisia’s Specialised Criminal Chambers depends on their capacity to deliver justice and reparation to victims and their families in a manner consistent with international law, said more than 25 Tunisian lawyers and human rights defenders at a workshop organized with the ICJ and international experts.
The workshop, which was held in Tunis on 25 and 26 March, aimed at enhancing the capacity of participants to use international law in the preparation and litigation of cases before the Specialized Criminal Chambers (SCC) effectively.
The participants discussed the application of international law and standards relating to the notions of victims and persons entitled to reparation before the SCC. Participants also considered the various forms of reparation, including restitution, compensation, rehabilitation and satisfaction, and guarantees of non–repetition.
The workshop was attended by international and Tunisian experts, along with ICJ representatives.
The Director of ICJ’s Middle East and North Africa Programme, Said Benarbia, emphasized the importance of guaranteeing the right of victims to effective remedies and reparations, especially in transitional justice contexts.
Mondher Cherni, the Secretary–General of the Tunisian Organization Against Torture (OCTT), underlined that reparations must be comprehensive. “Tunisian courts should ensure the adoption of a comprehensive notion of harm, while addressing the violations suffered by victims in Tunisia,” he said.
Rachel Towers, Legal Advisor at Dignity (The Danish Institute Against Torture)highlighted that there is no justice without remedies and reparations; accordingly, Tunisia should ensure that victims of gross human rights violations may enjoy these rights effectively.
Clive Baldwin, Senior Legal Advisor at Human Rights Watch, said that “Tunisia is not only bound to punish and sanction gross human rights violations, but also to prevent them from occurring in the future.” Baldwin also emphasized the importance of providing a comprehensive set of guarantees of non–repetition, including legislative and institutional reforms aiming to ensure effective civilian control of military and security forces and the independence of the judiciary.
Participants also addressed the lack of compliance in law and practice of the Tunisian transitional justice framework with international law and standards.
“The functioning and delivery of transitional justice in Tunisia has been enduring numerous and complex challenges over the last years,”said Benarbia.“The Tunisian authorities should immediately respond to these challenges with a holistic action plan, based on concrete reforms and solutions” Benarbia added.
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 26, 2021 | News
In a joint communication to five United Nations Special Procedures, the ICJ and its partners urged the mandate holders to call on the Tunisian authorities to immediately stop hampering the transitional justice process.
The organizations expressed their concern at the ongoing attempts to undermine the transitional justice process and accountability efforts for past gross human rights violations.
“The Tunisian transitional justice process has been under serious attack since its inception in 2013. Today, the ICJ and its partners are urging the United Nations Special Procedures to take urgent action to deter such attacks, demand justice for the victims and secure accountability for the perpetrators,” said the Director of ICJ’s Middle East and North Africa Programme, Said Benarbia.
The joint communication highlights the following areas of concern:
- The recent political initiatives to dismantle the transitional justice process;
- The incessant attacks against the Truth and Dignity Commission (Instance Verité et Dignité, IVD) and its 2018 final report’s findings;
- The lack of support to the Specialized Criminal Chambers (SCC) and the numerous obstacles that risk to severely impair access to justice and effective remedies for victims of gross human rights violations.
The communication is addressed to the following United Nations Special Procedures:
- The Special Rapporteur on the promotion of truth, justice, reparation and guarantees of non-recurrence;
- The Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment;
- The Special Rapporteur on the independence of judges and lawyers;
- The Working Group on Arbitrary Detention; and
- The Working Group on Enforced or Involuntary Disappearances.
The communication was submitted jointly by the ICJ along with:
- The World Organisation Against Torture (OMCT)
- The Ligue tunisienne des droits de l’homme (LTDH)
- The Forum Tunisien pour les Droits Economiques et Sociaux (FTDES)
- Avocats Sans Frontières (ASF)
- The Association of Tunisian Magistrates (AMT)
- Al Bawsla
- International Alert
- The Association KARAMA
- The Association INSAF pour les anciens militaires
- No Peace Without Justice
- The Organisation Contre la Torture en Tunisie (OCTT)
- The Organisation Dhekra we Wafa, pour le martyr de la liberté Nabil Barakati
- The Coalition Tunisienne pour la Dignité et la Réhabilitation
- The Association Tunisienne pour la Défense des Libertés Individuelles
- The Association des Femmes Tunisiennes pour la Recherche sur le Développement
- The Association Internationale pour le Soutien aux Prisonniers Politiques
- The Réseau tunisien de la justice transitionnelle
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
Download
Tunisia-Special-Procedures-Joint-Submission-2021 (PDF, in French)
Mar 25, 2021 | Agendas, Events, News
Today, the ICJ, the Office of the High Commissioner for Human Rights (OHCHR) Regional Office for Central Asia (ROCA) and the Supreme School of Judges of the Republic of Uzbekistan (SSJ) are holding a final conference on the implementation of international law on economic, social and cultural rights in the national legal framework of Uzbekistan.
This is the final event of a three-year project “Advancing Civil Society in Promoting economic, social and cultural rights Standards” (ACCESS), implemented by the ICJ, funded by the European Union.
Participants will discuss the obstacles to the enjoyment of economic, social and cultural (ESC) rights in Uzbekistan and how to strengthen protection of these rights through access to justice and legal remedies. The discussions will aim to strengthen the implementation of international law on ESC rights, including rights to housing, healthcare and rights to equal protection in the workplace, and ensure that the justice system provides effective protection and remedies where they are violated.
The OHCHR for Central Asia, the SSJ, Tashkent State University of Law, the Nationwide Movement “Yuksalish,” national and international experts will participate in the final conference.
“This is a very important project, which was timely but also challenging to implement during the period of COVID-19 pandemic. The right time to raise awareness around economic, social and cultural rights in particular. This is about accompanying the important reforms of the Government of Uzbekistan, it is about promoting human rights and the rule of law, which is also an important part of our EU Central Asia Strategy,” said H.E. Charlotte Adriaen, Ambassador of the European Union to Uzbekistan.
Ryszard Komenda, Regional Representative of the UN Human Rights Office for Central Asia noted that “this project to promote economic, social and cultural rights in Uzbekistan was and remains highly relevant and needed, including for the dissemination of legal knowledge on human rights among lawyers and representatives of civil society. The implementation of this project during the period of ongoing reforms in the country and participation of UN experts from CEDAW and CRC, makes the project especially effective, unique and timely.”
“Uzbekistan has a solid legal basis to meet its obligations to protect economic, social and cultural rights. But to realize the law’s potential in practice, people whose rights are violated need effective access to the justice system, and the courts need to apply the rights set out in international law,” said Róisín Pillay, Director of the ICJ Europe and Centra Asia Programme.
“We are happy to share our recommendations designed to ensure that people’s economic and social rights, as guaranteed in international law, are protected in practice, including through the justice system. I look forward to discussions with national and international partners during our final event,” she added.
“This project is a clear example of international cooperation of the Supreme School of Judges, which is fully consistent with its priorities. Of course, the implementation of international law on economic, social and cultural rights at the national level in Uzbekistan is one of the most significant national priorities, which requires active interaction between State authorities, the academic and expert community, and of course cooperation with international organizations,” said Khadji-Murod Isakov, the Director of the Supreme School of Judges under the Supreme Judiciary Council of the Republic of Uzbekistan.
Agenda in English
Agenda in Russian
Compilation of papers in Uzbek, Russian and English: Realising economic, social and cultural rights-2021
Contacts:
Ms. Dilfuza Kurolova, ICJ Legal consultant, t: +998 90 9050099 ; e: dilfuza.kurolova(a)icj.org
Ms. Guljakhon Amanova, National Program Officer, Uzbekistan, Regional Office of the UN High Commissioner for Human Rights (OHCHR), e:gamanova@ohchr.org
Mr. Utkir Khalikov, Head of the international department The Supreme School of Judges under the Supreme Judicial council of the Republic of Uzbekistan for Central Asia, e: inter.dep.ssj@mail.ru
The Project is financed by the European Instrument for Democracy and Human Rights (EIDHR) Delegation of the European Union to the Republic of Uzbekistan
Watch the video
