Aug 22, 2019 | News
The ICJ calls on the Ukrainian authorities to investigate the murder of lawyer Olexandr Ivanov, killed today with an automatic weapon near SIZO (Pre-trial Dentention Centre) №6 in Kropyvnytskyi.
The shooting was carried out from a car by unknown persons. The lawyer died on the spot. Another person injured in the incident was hospitalized in critical condition.
“The killing of lawyer Oleksandr Ivanov must be independently, promptly, and thoroughly investigated and the perpetrators brought to justice,” said Temur Shakirov, ICJ Senior Legal Adviser.
“Such crimes strip any legal reforms of their positive impact if lawyers’ life is always in danger when exercising their functions,” he added.
The police have confirmed the occurrence of the killing and initiated an investigation preliminarily qualified as intentional murder under article 115-2 of the Criminal Code of Ukraine.
The Ukrainian National Bar Association (UNBA) is planning to convene an emergency meeting of the Committee on Protection of Lawyers Rights and Professional Guarantees. The UNBA has also referred to the leadership of regional prosecution and police authorities to bring the case under personal control.
“During its recent mission to Ukraine the ICJ heard of cases of killings of lawyers and this case demonstrates that little progress has been achieved in addressing the security of lawyers in Ukraine,” said Shakirov.
Additional information:
International human rights law, including the European Convention on Human Rights to which Ukraine is a party, requires that states take steps to protect the life and physical integrity of persons who they know or ought to know are at real risk of violence.
According to the UN Basic Principles on the Role of Lawyers, governments must ensure that lawyers are able to perform all of their professional functions without intimidation, hindrance, harassment or improper interference (principle 16). The UN Basic Principles specify that “[w]here the security of lawyers is threatened as a result of discharging their functions, they shall be adequately safeguarded by the authorities” (principle 17).
Aug 22, 2019 | Advocacy, News
Today, the ICJ joined 10 other international and Venezuelan human rights organizations to call the United Nations Human Rights Council to establish a Commission of Inquiry (COI) on human rights in Venezuela in its upcoming session in September.
The ICJ considers that an independent COI is necessary given the Venezuelan authorities have been unable or unwilling to pursue effective domestic accountability and the judicial and prosecutorial mechanisms lack independence and impartiality.
In recent years, the ICJ has documented in several reports the lack of judicial independence, the lack of accountability for those allegedly responsible for gross human rights violations, the abuse and misuse of the military jurisdiction, and wide ranging breakdown in the functioning of the rule of law.
The United Nations High Commissioner for Human Rights in her 2019 report has similarly stressed that wide ranging human rights violations had occurred in Venezuela evidenced by the excessive use of force by security forces, attacks on freedom of expression, arbitrary detention and extrajudicial killings, dismantling of checks and balances, and deprivations constituting violations of the right to food and health. In addition, a panel of independent international experts mandated by the Secretary General of the Organization of American States (OAS), mentioned in 2018 “that reasonable grounds exist to believe that crimes against humanity have been committed in Venezuela”.
Commissions of Inquiry have been effectively established by the UN Human Rights Council to assess serious situations of human rights in several countries where there is a need to ensure proper human rights fact finding and ultimately accountability for widespread or systematic human rights violations. These include COIs for Syria, North Korea, Burundi, Yemen, Libya and Eritrea.
The ICJ and the other organizations have emphasized that the Commission of Inquiry that could be established for Venezuela “should be mandated to investigate reports of violations of international human rights law in Venezuela, including but not limited to violations associated with torture and inhuman treatment, arbitrary detention, discrimination, violations of freedom of expression, violations of the right to life and enforced disappearances, as well as violations of the rights to health and food. It should be tasked with establishing the facts and circumstances of violations committed since at least 2014, mapping out patterns of violations and identifying those responsible and, where possible, the chain of command, with a view to contributing to full accountability for all violations including those that constitute crimes under international law (…)”.
Download:
Venezuela-COI final-Advocacy-2019-ENG (full Q&A document prepared by all 11 organizations in PDF)
Aug 21, 2019 | News
The ICJ in collaboration with the Zimbabwe Anti-Corruption Commission (ZACC) and the National Prosecuting Authority (NPA), today launched a broad base anti-corruption awareness campaign in Harare.
The campaign was introduced by the President of Zimbabwe H.E. Cde Emmerson D. Mnangagwa and is expect to effectively run for 15 months.
It will harness different forms of media to spread awareness on the negative impact corruption has on the rule of law, human rights and development.
The anti-corruption awareness campaign is part of a broader longstanding rule of law initiative by the ICJ in collaboration with with stakeholders in the justice sector, to strengthen the rule of law for the protection and promotion of human rights for all, including women and persons from marginalized or disadvantaged groups.
Corruption undermines the rule of law by impeding access to justice through diversions of public resources for private gain.
As such the ICJ, through the support of the EU, is working towards increased transparency and integrity in the justice delivery system in order to increase access to justice for all.
“Zimbabwe has no option but to fight corruption if it is to be a just, peaceful and successful developmental state,” said Arnold Tsunga, ICJ’s Africa Regional Director.
“The reconstituted ZACC has demonstrated a strong desire to pursue its mandate with renewed commitment from other stakeholders in the justice delivery chain,” he added.
The campaign is not undertaken in isolation. It builds on other initiatives to combat corruption under this programme, which include the establishment of an anti-corruption court, training of personnel for the court and various research initiatives.
The campaign seeks to support the national efforts against corruption, and sensitize the public on the negative effects of corruption in society.
It will promote awareness on how to report corrupt practices, how to avoid corrupt practices and the impact of corruption on the public interest.
The campaign acknowledges that different sections of the population engage with media in varying manners. As such it utilises a wide array of approaches designed to build the optimism of the people of Zimbabwe to take an active role in efforts to combat corruption at every level of society.
The campaign launch was attended by justice sector actors, civil society representatives, business representatives and the diplomatic.
Contact:
Arnold Tsunga, Director of the Africa Regional Programme, International Commission of Jurists C: +263 77 728 3248, E: arnold.tsunga(a)icj.org
Aug 14, 2019 | News
Today, ICJ Commissioner and former Constitutional Court Justice Justice Yvonne Mokgoro delivered the Keynote Address on Women’s Socio-Economic Rights at an event organized by ICJ and the Centre for Applied Legal Studies (CALS) at the University of Witwatersrand in Johannesburg.
The event, which marked Women’s Month in South Africa, was aimed at promoting the contributions of women human rights defenders and public interest lawyers in advancing women’s socio-economic rights in South Africa.
Justice Mokgoro, the first black women Justice of the Constitutional Court of South Africa, called on human rights defenders, lawyers and judges to recommit to fighting the feminization of poverty in South Africa.
“The indignities suffered by women exposed to poverty in our country are graphic, trauma-inducing and all encompassing. The dire need of women in our patriarchal society must be addressed,” she said.
With reference to the South African Constitution, the International Convention on Economic, Social and Cultural Rights and the Convention on the Elimination of All Forms of Discrimination Against Women, Justice Mokgoro implored judges and lawyers in particular to “engender” the full range socio-economic rights by defining their content in a manner which takes into account the impact of human rights violations on women and girls.
The event featured a panel discussion , which included remarks by Tumelo Matlwa and Amelia Rawhani-Mosalakae, lawyers at CALS, who identified who a range of legal provisions and banking practices relating to matrimonial property have a disproportionate impact on women’s rights to property.
The presentation concluded that “poverty is a form of economic violence that has a disproportionate effect on women”.
Fatima Shabodien, Strategy Director at Raith Foundation, focused her presentation on sexual harassment faced predominantly by women in the public interest law sector in South Africa.
Quoting from Indian author Arundathi Roy, Shabodien observed that “there is no such thing as the voiceless only the deliberately silenced”.
Women, she added, “have not been silent in this sector they have been deliberately silenced”. She urged human rights defenders and public interest lawyers to take allegations of sexual harassment seriously.
Nonhle Mbuthuma, a community activist from the Amadiba Crisisis Committee described the difficulties of being a women human rights defender: “I am a human rights activist and it is a difficult task. You are called a lot of names for challenging the government.
All the names don’t scare me – my mother gave me only one name”, she said. Referring to a judgment of the High Court affirming her community’s right to free, prior and informed consent before the commencement of a mining development, she concluded: “I am very proud of the Constitution and judges who said we have the right to give consent to [whether] mining [can take place]. Not the government or big companies. The people.”
She emphasized that women were, and continue to be, at the forefront of the struggle for access to land in South Africa.
Aug 8, 2019 | News
The ICJ called today on Italy and Malta to cooperate to swiftly provide a place of safety for the disembarkment of the 121 migrants, likely including asylum seekers, on board the Open Arms vessel.
Open Arms rescued 123 people that left Libya and were on a situation of distress in international waters, and has been navigating seven days on the Central Mediterranean Sea in search of a place of safety for disembarkment.
Currently Italy and Malta (the nearest States) and Spain (the flag State) have not granted access to their territorial waters.
“When a boat is conducting an operation of rescue it is the duty under international law for neighbouring States to provide a place of safety,” said Massimo Frigo, ICJ Senior Legal Adviser.
“The situation on the boat, with also 30 children and two babies, is rapidly deteriorating and it is of the utmost urgency to allow for their disembarkment,” he added.
“The refusals and lack of cooperation by Italy, Malta and Spain is in contravention of their obligations under the law of the sea,” said Frigo.
“These States should open their harbours and the EU should work hard to ensure that resettlement is ensured so as to relieve pressure from them.”
Relevant provisions of international law include: UN Convention on the Law of the Sea (Article 98); International Convention for the Safety of Life at Sea (SOLAS), Annex, Chapter V; International Convention on Maritime Search and Rescue.
Contact:
Massimo Frigo, ICJ Senior Legal Adviser, t:+41 22 979 3805 ; e: massimo.frigo(a)icj.org
Aug 6, 2019 | News
The Indian Government’s revocation of the autonomy and special status of Jammu and Kashmir violates the rights of representation and participation guaranteed to the people of Jammu and Kashmir under the Indian Constitution and in international law and is a blow to the rule of law and human rights in the state and in India, the International Commission of Jurists (ICJ) said.
The Indian Government today pushed through a legislative package effectively eliminating the special status accorded to Jammu and Kashmir under Article 370 of the Indian Constitution, which granted autonomy to Jammu and Kashmir and limited the Indian Government’s legislative powers in the state. The move was preceded by a communication blackout, arbitrary detention of political leaders, banned movement and meetings of people, and increased military presence, purportedly to quell protests.
“The Indian Government has pushed through these changes in contravention of domestic and international standards with respect to the rights of people in Jammu and Kashmir to participate and be adequately represented, accompanied by draconian new restrictions on freedoms of expression, assembly, and travel, and with an influx of thousands of unaccountable security personnel,” said Sam Zarifi, ICJ’s Secretary General.
“The legality of the Indian Government’s measures to eviscerate Article 370 will certainly be tested before the Indian judiciary, which should look closely at the serious violations of proper legislative and Constitutional processes,” Zarifi said. “All eyes are now on the Indian Supreme Court to fulfill its functions in defense of the rights of people of Jammu and Kashmir and the Indian Constitution,” Zarifi said.
The procedure adopted to revoke the special status and autonomy of Jammu and Kashmir appears to be incompatible with judgments and observations of high courts and the Indian Supreme Court, who have clarified that the President of India would need the agreement of the government of Jammu and Kashmir to change its status. The amendments effectively render Article 370 inoperative in its entirety, without meeting the Constitutional requirements in spirit.
The revocation of special status of Jammu and Kashmir without agreement from the state government is contrary to the spirit of Article 370, which envisioned that the will of the people would be taken into account in decisions relating to state’s special status and autonomy.
“The Indian Government rushed through the amendments at a time when Jammu and Kashmir was under the direct rule of the Central Government, and the state legislature was dissolved. As the government of Jammu and Kashmir is not empowered to discharge its functions, it has not been consulted, let alone agreed to the revocation,” Zarifi said.
“The lack of consultation with the people of Kashmir is all the more troubling because the changes pushed by the Indian Government will materially affect Kashmir’s status as India’s only Muslim-majority state, including special rights for citizens of the state to own and hold land and seek education and employment,” Zarifi said.
The Office of the United Nations High Commissioner for Human Rights (OHCHR) in successive reports in 2018 and 2019 has noted that the region of Jammu and Kashmir, under dispute between India and Pakistan since 1947, has been the theatre of grave human rights violations, including unlawful killings, enforced disappearances and torture, committed with impunity by Indian security forces.
The UN High Commissioner for Human Rights in both reports recommended to the Indian Government to “fully respect the right of self-determination of the people of Kashmir as protected under international law”.
The ICJ condemns the legislative steps taken with respect to Jammu and Kashmir, and calls on the Indian Government to implement in full the UN High Commissioner’s recommendations, including respecting the right to self-determination of people of Jammu and Kashmir, and to respect, protect and fulfill the human rights of people in Jammu and Kashmir.
Contact
Sam Zarifi, ICJ Secretary General,e: sam.zarifi(a)icj.org, t: 41 (0)22 979 38 00
India-Jammu Kashmir and Autonomy-News-press release-2019-ENG (full story with additional information, in PDF)
