Aug 30, 2020 | News, Publications, Reports, Thematic reports
The ICJ marked the International Day of the Victims of Enforced Disappearances today by releasing a baseline study (in Spanish) which identifies key obstacles to accountability for serious human right violations in Colombia.
“The report finds that although Colombia has a comprehensive legal framework aimed at providing accountability for serious human rights violations, victims still face many challenges in obtaining access to justice,” said Kingsley Abbott, Coordinator of the ICJ’s Global Accountability Initiative.
“A robust domestic legal framework is important, but without effective Government implementation at every level full accountability for these violations will remain out of reach,” added Abbott.
Among other challenges, some victims still encounter difficulties in participating in criminal proceedings or obtaining information about investigations and prosecutions of those alleged to be responsible for violations.
The study recommends steps Colombia should take to improve the implementation of the domestic legal framework, including:
- raising the awareness of civil servants, including judicial employees, of victims’ rights and the appropriate legal mechanisms employed to search for “disappeared” persons;
- improving coordination between the State’s institutions, including the Search Unit for Persons Presumed Disappeared in the context and by Reason of the Armed conflict, the Special Jurisdiction for Peace, and the Office of the Attorney General; and
- ensuring that the investigation and prosecution of enforced disappearances and extrajudicial killings take place within the civilian rather than the military justice system.
The study also stresses the importance of Colombia recognizing the competence of the UN Committee on Enforced Disappearances (CED) to receive and consider individual communications. Considering the high levels of impunity, the recognition has been requested by Colombian civil society organizations and victims to improve the protection and guarantee of rights of victims of enforced disappearances.
The baseline study has been produced as part of the ICJ’s regional project addressing justice for extrajudicial killings and enforced disappearances in Colombia, Guatemala and Peru, sponsored by the European Union.
The baseline study is available in Spanish.
Background
The ICJ has long been monitoring laws, policies and practices concerning the investigation and prosecution of serious human rights violations and abuses in Colombia, including enforced disappearances and extrajudicial killings, as part of its efforts to promote accountability, justice and the rule of law around the world.
Enforced disappearances and extrajudicial killings are among the most prevalent human rights violations committed in Colombia, particularly in the context of the ongoing internal armed conflict. In Latin America, Colombia has one of the highest figures of people who have been subject to enforced disappearance or unlawfully killed.
The project is implemented under the ICJ’s Global Accountability Initiative which has also produced baseline studies for Eswatini, Nepal, Myanmar, Venezuela, Cambodia, Tajikistan and Tunisia.
Contacts
Kingsley Abbott, Coordinator of the Global Accountability Initiative, e: kingsley.abbott(a)icj.org
Carolina Villadiego, Legal and Policy Adviser, Latin America, and Regional Coordinator of the Project, e: carolina.villadiego(a)icj.org
Rocío Quintero M, Legal Adviser, Latin America, e: rocio.quintero(a)icj.org
Download
Colombia-GRA-Baseline-Study-Publications-Reports-Thematic-reports-2020-SPA (full report, in Spanish, PDF)
Aug 30, 2020 | Advocacy, News
While commemorating the International Day of the Disappeared 2020, the ICJ and 47 other national and international organizations and groups of victims, in Nepal, call on the responsible authorities to undertake immediate steps towards reinvigoration of the transitional justice (TJ) process, adopting a transparent and consultative process.
On this occasion, the victims’ groups and human rights organizations in Nepal commend the patience and resilience shown by the family members of those subjected to enforced disappearance during the 10-year-long internal armed conflict from 1996-2006. They have worked tirelessly advanced the TJ process (Truth, Justice, Reparation and Institutional Reform) in Nepal for more than a decade through their peaceful struggle, despite many difficult hurdles.
In 2015 the Supreme Court found several sections of the Truth and Reconciliation Commission (TRC) Act, including the one empowering the commissions to offer amnesty and facilitate mediation/reconciliation between victims and perpetrators, including those involved in gross human rights violations, to be unconstitutional and non compliant with Nepal’s international obligations. More recently, on 26 April 2020 the Court rejected the petitions of the Government to review and revise the 2015 decision.
To date, the Government has not initiated any effort to amend the law as per these decisions. Rather, it has been misusing these Commissions in a manner that has prevented victims from accessing remedies through the regular criminal justice system and has made no efforts to strengthen these Commissions to delivery their mandates effectively. Two years back, Nepal recognized enforced disappearance as a distinct crime for the first time when enacting a new Penal Code. While this step is commendable, these legal provisions have not ensured justice for victims, the police typically refuse to investigate cases from the conflict period,arguing that they come under the jurisdiction of the TJ mechanisms.
Despite civil society’s repeated calls to appoint the Commissioners after amending the TRC Act following wider consultations with victims and civil society, the Government recently appointed Commissioners under the same Act that the SC had deemed flawed five years ago. Moreover, the Government has not addressed the repeated calls and concerns regarding the political interference and lack of transparency in the appointment of the Commissioners and the overall TJ process.
Human rights organizations and many victims groups have lost confidence in and stopped supporting to these Commissions.
The undersigned organizations call upon the Government of Nepal:
- To ensure the Commissions provide for, rather than delay and deny, truth and justice to
victims;
- Start fresh consultations to amend its law in compliance international human rights law
and Supreme Court directives, including by removing of amnesty for the perpetrators
provisions;
- Appoint a new set of commissioners under the revised Act that respects victims basic right
to truth and justice;
- Immediately ensure the social, cultural, economic, psychological and legal support
suffered by the victims and families of enforced disappearance as part of victims’ rights
to reparation;
- Revise the Penal Code to bring it in line with international standards. As a minimum, this
should include:
- amending the definition of enforced disappearances to bring it in line with Nepal’s international obligations and the Convention on the Protection of All Persons from Enforced Disappearance
- revising the penalty for enforced disappearance in the Penal Code to make it proportionate to the gravity of the crime
- removal of the statute of limitations for enforced disappearance cases
- Ratify International Convention for the Protection of All Persons from Enforced Disappearances Punishment.
Download
Full joint-statement with detailed information in English and Nepali. (PDF)
Contact
Ian Seiderman: ICJ Legal and Policy Director, e: ian.seiderman(a)icj.org
Mandira Sharma: ICJ Senior Legal Adviser, e: mandira.sharma(a)icj.org
Aug 28, 2020 | News
The ICJ contributed to and has endorsed a groundbreaking new UN standard aimed at ensuring effective access to justice for persons with disabilities, published today in Geneva.
Published today by the Office of the UN High Commissioner for Human Rights, the International Principles and Guidelines on Access to Justice for Persons with Disabilities were adopted jointly by the UN Special Rapporteur on the rights of persons with disabilities, the Committee on the Rights of Persons with Disabilities, and the Special Envoy of the UN Secretary-General on Disability and Accessibility. They have been endorsed by the ICJ and the International Disability Alliance.
The ICJ contributed to the development of the Principles and Guidelines, including through participation in expert consultations alongside disability rights experts, organizations of people with disabilities, State representatives, academics, and other judicial and legal practitioners. The ICJ also plans to assist with promotion and implementation of the Principles and Guidelines at the global and national levels.
Building on the provisions and interpretations of the Convention on the Rights of Persons with Disabilities and other international standards and best practices, the document affirms ten key principles of access to justice for people with disabilities and sets out detailed guidelines on how to implement each one.
The Principles and Guidelines are intended to be a practical tool to help inform the design and implementation of justice systems that provide equal access to justice for persons with disabilities, in line with international human rights standards.
The Principles and Guidelines can be downloaded by clicking here.
Further information about the process of their development is available here, and the UN press release announcing their publication is here.
Aug 28, 2020 | Agendas, Events
Today, the ICJ and LPRC began a series of online seminars on international human rights mechanisms for the protection of migrants, refugees and asylum seekers for 44 Kazakh defense lawyers and human rights defenders of NGOs.
The seminars took plance via online communication on 28 and 29 of August and 12 of September. The event was of particular importance given the impact of COVID-19 on migration processes in Kazakhstan and Central Asia region.
The seminar lectures were delivered by prominent international experts in the field of migration from the International Commission of Jurists, representatives of the UNHCR Complaints Division, the European Council for Refugees and Exiles (ECRE) and the Greek National Human Rights Commission.
The participants discussed international principles and fundamental documents on expulsion, detention and protection, briefly overviewed the economic, social and cultural rights of migrants, and considered the hierarchy of legal acts in Kazakhstan, the relationship between international law and national legislation. The training program consisted of theoretical and practical components to strengthen the gained knowledge and develop practical skills for the protection of migrants at the international level. A training module was prepared for the participants with an overview of access to international human rights mechanisms.
This seminar complements previously conducted trainings for 105 defense lawyers and human rights defenders of non-profit organizations on strategic judicial protection of migrants and ensuring the exchange of best practices and strategies between Kazakhstani and European lawyers.
The seminar was organized by the Legal Policy Research Center (LPRC) in cooperation with the International Commission of Jurists (ICJ) and the International Commission of Jurists – European Institutions (ICJ-EI), with financial support from the European Union under the project “Strengthening Legal Protection of Migrants’ Rights in Kazakhstan”. The project aims to improve the access of migrants to national and international instruments for the protection of human rights in Kazakhstan, as well as to stimulate professional training and cooperation between specialized lawyers from Kazakhstan and their European counterparts.
Aug 27, 2020 | Advocacy, News
The ICJ, in collaboration with the Zimbabwe Anti-Corruption Commission (ZACC), convened a virtual Asset Recovery Training Workshop from 18-26 August. The training was part of the ICJ efforts to advance the rule of law in Zimbabwe.
The training was held with investigators from ZACC. It was led by Dr Prosper Maguchu, a legal expert on human rights and financial crimes.
The objective of the training was to enhance the capacity of ZACC investigators to conduct financial investigations and apply asset tracing techniques in relation to corruption and money laundering cases.
Over the past 50 years, it is estimated that Africa has lost in excess of one trillion US dollars in illicit financial flows (IFFs) with claims that this is roughly equivalent to all of the official development assistance received by the continent during the same timeframe.
Zimbabwe is not immune to this challenge of IFFs.
ZACC chairperson Justice Loice Matanda-Moyo remarked that financial crimes and illicit financial flows had become a serious threat the Zimbabwe economy and beyond our borders. She pointed to the prevalence of tax evasion, smuggling, corruption, fraud, drug trafficking and money laundering and noted that ill-gotten proceeds involving money were moving across borders. In such instances it is a daunting task for investigators and asset recovery officers to follow the money trails and recover proceeds of crime. She noted that the virtual asset recovery workshop was an opportune moment time to enhance the capacity of investigators and asset recovery officers.
“This training was very timely and critical. It enhanced the capacity of ZACC in its pursuit to recover assets accumulated though corruption. The investigators were equipped with the requisite skills and techniques involved in asset recovery that include collecting evidence, issuing restraint and freezing orders and making mutual legal assistance requests. Recovering stolen assets is an important process in the fight against corruption as it deters corruption by turning it into a high-risk, low-reward activity. Additionally, asset recovery is a means to obtain resources for the development of the country, which resources can also be channelled towards strengthening the fight against corruption in Zimbabwe, thus contributing to the greater respect for the rule of law,” said ICJ Senior Legal Adviser Blessing Gorejena.
The training workshop provided a comprehensive overview on what asset recovery means, exploring approaches and tools in asset recovery and enhance the technical capacity of the investigators to trace, seize and confiscate and repatriate illicitly acquired assets.
Participants in this workshop included 18 investigative officers and two Commissioners. Overall there were 11 female and 9 male participants in attendance.
This workshop was supported by the European Union Delegation in Zimbabwe.
Contact:
Shaazia Ebrahim (ICJ media officer), c: +277 167 067 19 e: shaazia.ebrahim(a)icj.org
Vimbai Mutandwa (ICJ legal advisor), c: +263 77 351 7733 e: vimbai.mutandwa(a)icj.org
Aug 22, 2020 | News
On 15 and 22 August 2020, the ICJ, in collaboration with the National Judicial Academy (NJA) of Nepal, organized the National Judicial Dialogue on the Elimination of Discrimination against Women and Enhancing Women’s Access to Justice.
Due to the exigencies caused by the COVID-19 pandemic, the judicial dialogue was conducted through virtual means.
Fifteen trial court judges from Kathmandu Valley participated in this judicial dialogue with judicial experts from other countries.
Judge Amy Alabado Avellano, a Regional Trial Court judge from the Philippines, engaged with the judges on the application of the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) in their judicial decisions. Roberta Clarke, ICJ’s Executive Committee Chairperson and UN Women’s OIC for UN Women’s East and Southern Africa Regional Office, spoke on the right to access to justice under international human rights law.
The second day featured a discussion on specific barriers that women in Nepal face when they access justice. The judges discussed their own role and measures available to the judiciary as an institution to enhance access to justice for women in Nepal. Hon. Justice Sapana Pradhan Malla from the Supreme Court of Nepal and Dr. Diwakar Bhatta from the National Judicial Academy of Nepal led these discussions.
At the Dialogue Emerlynne Gil, ICJ Senior International Legal Adviser, remarked that “judges have a responsibility to uphold the fairness and integrity of the justice system by ensuring that proceedings are conducted in a fashion that does not subordinate the fact-finding process to myth and stereotype.” Honorable Top Bahadur Magar, the Executive Director of the National Judicial Academy, stressed that, “Trial court judges play a pivotal role in debunking myths and gender stereotypes.”
Highlighting the importance of continuing the work towards eliminating gender discriminatory practices among frontline justice actors, even during the COVID-19 pandemic, Emerlynne Gil said. “The COVID-19 pandemic is aggravating existing gender inequalities and women are experiencing more violations of their human rights.”
Contact
Laxmi Pokharel, National Legal Advisor, International Commission of Jurists, t: 977 9851047588, e: laxmi.pokharel(a)icj.org
