Aug 30, 2018 | News
The ICJ participated in a panel discussion to commemorate International Day of the Victims of Enforced Disappearances, organized by Police Watch Thailand and Cross Cultural Foundation.
The discussion was held at the premises of the Thai Journalists’ Association.
The event began with opening remarks by Surapong Kongchantuk, Chairperson of the Cross Cultural Foundation, who called on the Thai Government to ratify the International Convention for the Protection of All Persons from Enforced Disappearance (ICPPED) and for the existing Draft Prevention and Suppression of Torture and Enforced Disappearance Act (‘Draft Act’) to come into force without undue delay.
He also emphasized that perpetrators of the crime of enforced disappearance needed to be brought to justice, and victims and relatives of victims of enforced disappearance must be provided with effective remedies and reparation.
A panel discussion followed the opening remarks, moderated by Pornpen Khongkachonkiet, Director of Cross Cultural Foundation. Panelists included Sanhawan Srisod, ICJ’s National Legal Adviser, Veera Somkomkid, from People Anti-Corruption Network, Pol.Col. Wirut Sirisawadibuth, Columnist and police reform activist, and Adul Kiewboribon, Chair of a committee of persons whose relatives disappeared during May 1992 protests against the government of General Suchinda Kraprayoon.
In her remarks, Sanhawan Srisod expressed concern at the absence of domestic legislation making torture and enforced disappearance specific crimes in Thai law and gaps in the existing Draft Act.
She also called for prompt, independent, impartial and effective investigations into the fate and whereabouts of disappeared persons consistent with international law and standards.
Human Rights Commissioner, and wife of disappeared lawyer and human rights defender Somchai Neelapaijit, Angkhana Neelapaijit, made closing remarks for the event.
The panel discussion followed a forum the ICJ co-hosted in March this year, commemorating the 14th year anniversary of the enforced disappearance of Somchai Neelapaijit, which also raised awareness about amendments to the Draft Act.
During the forum, the ICJ raised concerns about the independence of the ‘Committee managing complaints of torture and enforced disappearance cases’, which was established in May 2017, and expressed the need for further clarification on the legal framework – domestic and/or international – that will ground the Committee’s operation.
Background
The International Day of the Victims of Enforced Disappearances falls on 30 August every year.
Thailand is bound by international legal obligations under the International Covenant on Civil and Political Rights (ICCPR) and Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT) – both of which it has acceded to – to investigate, prosecute, punish and provide remedies and reparation for the crimes of torture, other acts of ill-treatment, and enforced disappearance.
However, Thailand has not enacted domestic legislation recognizing enforced disappearance as a criminal offence. Thailand is also yet to ratify the ICPPED, despite signing the Convention in January 2012.
Thailand’s Ministry of Justice concluded a second round of public consultation on the Draft Act and is now reportedly in the process of evaluating the results of the consultation.
On 30 August 2017, 23 November 2017 and 12 March 2018, civil society organizations, including the ICJ, Amnesty International and Human Rights Watch, sent open letters to the Government, including to Thailand’s Minister of Justice, outlining amendments that would be necessary to bring the Draft Act in line with Thailand’s international human rights obligations.
In the absence of domestic legislation criminalizing torture and enforced disappearance, on 23 May 2017, a ‘Committee managing complaints for torture and enforced disappearance cases’ was established by the Prime Minister, pursuant to Prime Minister’s Office Order No. 131/2560 (2017).
The Committee, chaired by the Minister of Justice, consists of 15 officials drawn from different ministries,including the Ministry of Defence, the Royal Thai Police and the Internal Security Operations Command (ISOC).
Aug 27, 2018 | News
The ICJ today joined other International Non-Government Organizations operating in Myanmar in a statement marking one year since the commencement of military ‘clearance operations’ that caused the exodus of around 700,000 Rohingyas into neighbouring Bangladesh.
The statement reads:
As the UN Security Council meets in New York to mark one year since nearly 700,000 Rohingya refugees fled to neighboring Bangladesh, International Non-Governmental Organizations (INGOs) working in Myanmar say 600,000 Rohingya still left in Myanmar face daily discrimination and human rights abuses, making conditions unsafe for refugees to return.
INGOs urge the Security Council to use the one-year anniversary as an opportunity to step up pressure on the government of Myanmar to take action on three critical areas: addressing the root causes of the crisis in Rakhine State; ensuring accountability for human rights violations and improving humanitarian access.
Discriminatory policies mean that Rohingya communities in Rakhine State continue to lack citizenship and face restrictions on their freedom of movement, impeding their ability to go to school, seek medical care, find jobs or visit friends and family.
128,000 Rohingya and other Muslim communities remain trapped in closed camps in central Rakhine for the sixth year since the intercommunal violence of 2012.
Although some steps have been taken to relocate camp residents to new sites, the displaced communities have not been adequately consulted, are unable to return to their original homes, or another location of their choice, and continue to lack freedom of movement, access to jobs and services, thus further entrenching their confinement and segregation.
At the same time, a full and independent international investigation into human rights violations – sexual violence, killings, beatings and destruction of homes and properties – that caused refugees to flee has not happened and the perpetrators who facilitated these abuses have not been brought to justice.
The rights violations committed in Rakhine State are part of a pattern of ongoing military abuses against ethnic minorities throughout Myanmar, including in Kachin State, Shan State and the southeast of the country.
Humanitarian organizations working throughout Rakhine State continue to face serious restrictions on their access to affected communities and bureaucratic and administrative barriers hamper their ability to carry out their daily work.
In northern Rakhine, from where the majority of refugees in Bangladesh fled, full humanitarian access for most organizations has not been restored more than one year since restrictions were first put in place.
Although a Memorandum of Understanding was signed between UNHCR, UNDP and the Government of Myanmar in June with a view to enabling both agencies to resume operations in northern Rakhine, they still await full, unfettered access, and have not yet been able to begin the work of supporting affected communities and monitoring conditions.
The recommendations of the Kofi Annan-led Advisory Commission on Rakhine, published one year ago, provide the best roadmap for addressing the root causes of the crisis in Rakhine State, improving the lives of all communities and creating the conditions for an inclusive, fair and prosperous society for all the people in Rakhine.
INGOs welcome the progress made by the Government of Myanmar in implementing some of the recommendations, including those related to improving development and infrastructure, such as building new roads, schools, and hospitals, but conclude that not enough progress has been made in addressing structural human rights issues or in creating an environment where all communities can benefit from these developments without discrimination.
Without citizenship rights and freedom of movement, Rohingya communities in Rakhine State cannot equally benefit from improved development and refugees in Bangladesh will not feel safe to return.
INGOs call on the UN Security Council to set time-bound and measurable targets for the Government of Myanmar to make meaningful progress in all three of these areas and to hold regular public meetings on the crisis.
Specifically, the Security Council should call on the Government of Myanmar to implement the recommendations of the Advisory Commission in their entirety, including addressing structural problems of discrimination, restrictions on movement and denial of citizenship faced by Rohingya communities.
Implementation of the Advisory Commission recommendations also requires listening to the perspectives of all ethnic groups in Rakhine in an effort to break down the divisions that have pitted communities against each other.
Second, the Security Council should request the government of Myanmar to grant full and unfettered access for humanitarian organizations to all parts of Rakhine State as well as full access for independent media and journalists.
And finally, it should step up efforts with the government of Myanmar to allow independent human rights investigators full and unimpeded access to investigate human rights abuses, gather untampered evidence and refer cases to an international tribunal.
The Security Council must send a strong message to the Government of Myanmar to end impunity and prevent future violations.
Unless these measures are implemented, the international community risks perpetuating impunity and cementing segregation in Rakhine State for decades to come.
Myanmar-RohingyaJointNGOstatement-News-webstory-2018-ENG (full story in PDF)
Aug 23, 2018 | News
The Regional Federal Tribunal (TRF-3), in a watershed judgment, ruled that prescription or statute of limitations was not applicable to claims of reparation by a victim of torture during the military regime in the 1970s. The Court accepted the arguments of ICJ Commissioner Belisário dos Santos Jr.
The hearing in the lawsuit against the Union and the State of São Paulo took place on Wednesday 22, after the case had been dismissed by the court first instance.
Belisário dos Santos Jr., Executive Committee Member of the ICJ, argued the case for the victim at the invitation of the Juridical Department of CA XI.
He noted: “On the one hand there could be no statute of limitation on torture claims, while on the other hand the the application of the statute of limitations which adopted by Decree 20.910 / 32 had to be considered.”
The lawsuit, which began in 2012, alleges political persecution and torture that took place beginning 1971 .
Belisário dos Santos Jr. argued that the rationale for the law and jurisprudence affirming the inapplicability of statute of limitation lies in the seriousness of the violation of torture, which had been committed on a widespread and systematic basis by order or with the knowledge of high-level State authorities in Brazil at the time.
“The obligation to provide reparation under the UN Convention against Torture could not be superseded by provisions of the domestic law of a State. In addition, the obligation to provide a remedy and reparation is a legal duty of the State which must not depend on the conduct or activity of the victims. For these reasons, the case could not have the same treatment of other lawsuits against the Public Treasury,” he said.
Belisário dos Santos Jr. also pointed out that, pursuant to article 14 of the UN Convention against Torture, which was ratified by Brazil in 1991, “the reparation must be fair and adequate, as recognized by the jurisprudence of the Supreme Court of Justice and TRF 3, itself in accordance with international human rights law and jurisprudence. ”
The TRF-3 decided by 3-2 majority that the statute of limitation was inapplicable and, unanimously, granted the appeal on merit, allowing the lawsuit to proceed.
Aug 23, 2018 | News
On 22 August, the ICJ co-organized a preparatory discussion in Bangkok for civil society organizations on Thailand’s National Action Plan on Business and Human Rights (NAP).
This event was organized one day in preparation for a formal NGO consultation event on the NAP held today.
The formal NGO consultation event was organized by the National Human Rights Commission of Thailand (NHRCT) to consider the draft NAP released by Thailand’s Ministry of Justice’s Rights and Liberties Protection Department (RLPD) in August 2018.
The ICJ hosted the preparatory discussion jointly with Community Resource Centre Foundation (CRC), Amnesty International Thailand (AI Thailand), Protection International (PI), Fortify Rights and the United Nations’ Office of the High Commissioner for Human Rights (OHCHR).
Thirty members of civil society organizations from all across Thailand attended the preparatory discussion.
Of these participants, four persons from the North of Thailand were supported by the ICJ to attend the discussion, including Ms. Arisara Lekkam, Lecturer of Law at Mae Fah Luang University in Chiang Rai, who was also a speaker at the event.
The event began with a presentation about the NAP and business and human rights issues in Thailand, during which Arisara Lekkam provided an overview of the business and human rights situation in Thailand.
Following the presentation, participants divided into groups to discuss four prioritized areas covered by the NAP: Labour, Land and Natural Resources, Human Rights Defenders and Cross-Border Investment.
At the end of the discussion, each group presented a set of recommendations on the draft NAP pertaining to each prioritized area. These recommendations will be provided to the Ministry of Justice’s RLPD.
This is the third event the ICJ has held on business and human rights in collaboration with partners from the North of Thailand.
On 22 November 2017, the ICJ, in collaboration with Chiang Mai University’s Faculty of Law, held a roundtable discussion on human rights litigation concerning special economic zones in Myanmar and Thailand.
Between 29 and 31 July 2017, the ICJ, in collaboration with Chiang Mai University’s Faculty of Law, held a workshop on ‘Introduction to Business and Human Rights & Basic Principles on Documenting Human Rights Violations” for 25 academics, NGO representatives and lawyers in Chiang Mai.
Background
During the second Universal Periodic Review of Thailand in May 2016, the Royal Thai Government accepted a recommendation to develop, enact and implement a national action plan on business and human rights in order to implement the UN Guiding Principles on Business and Human Rights.
In August 2018, Thailand’s Ministry of Justice’s RLPD, which is currently leading the development of the NAP, released a revised ‘zero draft’ of the NAP.
In line with the release of the revised ‘zero draft’, the NHRCT led the organization of a formal NGO consultation event on 23 August 2018, jointly with Thailand’s Ministry of Justice, Thailand’s Ministry of Foreign Affairs, United Nations Development Programme (UNDP) and OHCHR.
The Royal Thai Government reportedly plans to launch the NAP in September 2018.
Aug 21, 2018 | News
The ICJ and its Polish Section (ICJ Poland) today expressed their support for the actions of the Supreme Court to defend the rule of law and the independence of the judiciary in Poland, including by recourse to the European Court of Justice (CJEU).
This happened in the face of repeated attack by political figures and authorities.
Preserving and safeguarding the independence of the courts is essential for the protection of human rights in Poland, the organizations said.
The ICJ and ICJ Poland urged the Polish executive and legislative authorities to cease all interference with the conduct of the Supreme Court in the carrying out of its legitimate functions.
The law on the Supreme Court that has led to the forced “retirement” of one third of the Supreme Court, including the President of the Court, Małgorzata Gersdorf, must be repealed and the judges reinstated in office, the ICJ and ICJ Poland stressed.
On 2 August, the Supreme Court of Poland took the welcome step, in accordance with European Union law, of submitting a preliminary ruling request to the Court of Justice of the European Union (CJEU) seeking its interpretation on the compliance of the recent legislation on retirement ages of judges with EU law.
Specifically, the Supreme Court enquired as to the legislation’s compliance with the principle of irremovability of judges and the prohibition of discrimination on grounds of age under Directive 2000/78. The Supreme Court has suspended the implementation of the law during the proceedings before the CJEU.
The ICJ and ICJ Poland condemn the attacks against the Supreme Court by political authorities, including President Andrzej Duda, who claimed that the suspension of the law’s implementation has no legal basis.
On the contrary, the Supreme Court of Poland acted in compliance with its duties under article 267 of Treaty of the Functioning of the European Union to raise a question concerning the interpretation of the Treaties and, in conformity with the case-law of the CJEU, to suspend the application of such measures which may violate the law of the European Union, pending resolution of the question.
The legislation raises serious issues of EU law, both in regard to protection of the rule of law under Article 2 of the TFEU, and in regard to discrimination on grounds of age.
This attack against the actions of the Supreme Court occurs amid a systematic undermining of the independence of the judiciary in Poland by the Polish executive and legislative authorities, which the ICJ, ICJ Poland, and judges of the global ICJ network have repeatedly condemned.
The organizations emphasize that irremovability of judges is one of the main pillars of judicial independence and therefore of the rule of law. An ICJ letter of 11 July 2018, signed by 22 senior judges from all regions of the world, urged the Polish government to act immediately to reinstate the forcibly retired judges in office.
Aug 13, 2018 | News
From 9-12 August, the ICJ-supported trainings on human rights and the law for lawyers, youths and activists from Kachin and Shan states in Myanmar’s north.
On 9 and 10 August, the ICJ joined a “training of trainers” organized by the Humanity Institute, a civil society organization based in Myitkyina.
This aims to improve the capacity of local youths and activists from Kachin and Northern Shan State on basic human rights concepts and measures to engage with Regional and UN Human Rights mechanisms.
The ICJ’s national legal researcher, Ja Seng Ing, shared information about the advantages and limitations of regional human rights mechanisms, including the Europe Commission of Human Rights and the ASEAN Commission of Human Rights. She provided an overview of the UN human rights framework and human rights mechanisms.
In addition to explaining how these work, she also focused on how human rights defenders can communicate with and participate in UN human rights mechanisms by reporting on human rights violations.
Then on 10 and 11 August, the ICJ facilitated a legal training for senior law students, and junior lawyers hosted by the Kachin Legal Clinic, an independent lawyers network.
The Kachin Legal Clinic seeks to develop a pool of young lawyers and with knowledge on the role of lawyers in the field of domestic and international human rights setting and the independence of the lawyers.
On the first day, a national legal adviser from the ICJ shared experiences of litigating for human rights in Myanmar. She also noted the critical role of independent lawyers in protecting human rights, by representing clients from all communities in different parts of Myanmar.
On the second day, Ja Seng Ing gave an overview of global and local law and standards and issues related to accountability and redress for gross human rights violations.
The ICJ’s international legal adviser, Sean Bain, gave an overview of international laws and standards related to the protection of human rights in times of conflict or crises, sourced from international human rights law as well as international humanitarian law and international criminal law.
These activities are part of the ICJ’s ongoing support to civil society actors in Myanmar, from community to national level.
