Nov 29, 2016 | News
The Philippines House of Representatives must immediately cease efforts to rush through legislation restoring the death penalty, the International Commission of Jurists (ICJ) said today.
On 29 November 2016, the Sub-Committee on Judicial Reform, which is chaired by Congressman Marcelino “Ching” Veloso, hastened the passage of a bill restoring the death penalty in the Philippines.
According to reports received by the ICJ, ex-officio members of the Sub-Committee on Judicial Reform railroaded the proceedings and ignored important questions from other lawmakers questioning the need for the legislation or its urgent passage. The Sub-Committee did not present any report, as is the normal practice, on the discussions and information presented in the previous hearings.
“Filipino lawmakers seem intent on embracing the barbaric practice of executions purely as a political measure, without any understanding or even proper discussion of the death penalty’s impact or what their actions would mean to the international obligations of the Philippines,” said Emerlynne Gil, ICJ’s Senior International Legal Adviser for Southeast Asia.
A representative of the ICJ spoke at the hearing of the Sub-Committee on 22 November 2016, and brought to the lawmakers’ attention the country’s obligations under the 2nd Optional Protocol to the International Covenant on Civil and Political Rights (ICCPR) and the general prohibition on reintroduction of capital punishment once abolished, which commit the country not to execute anyone within its jurisdiction.
“There are already thousands of alleged cases of extrajudicial killings in the country. This bill, if it becomes law, will unquestionably usher the Philippines into a dark period where respect for the right to life is comprehensively degraded,” Gil emphasized.
The ICJ has previously written to President Rodrigo Duterte underscoring that the evidence shows that death penalty is not effective at deterring crime at a greater rate than alternative forms of punishment. Investing in improved detection and investigation techniques and capacity, and improving the effectiveness and efficiency of the justice system, is more likely to achieve real results in reducing crime.
The ICJ categorically opposes the death penalty and considers its use to be a violation of the right to life and freedom from cruel, inhuman, or degrading punishment.
The UN General Assembly has repeatedly adopted resolutions by overwhelming majorities, calling on all retentionist States to impose a moratorium with a view to abolition.
Contact:
Ms. Emerlynne Gil, ICJ’s Senior International Legal Adviser
Telephone: +66 840923575
Email: emerlynne.gil(a)icj.org
Nov 29, 2016 | Advocacy, News, Non-legal submissions
The ICJ and 77 other civil society organizations and UN agencies called today on the EU institutions and Member States to do more to protect the rights of refugee and migrant children.
The call came in a statement released to mark the opening of the 10th European Forum on the Rights of the Child in Brussels.
The refugee and migrant crisis in Europe will soon enter its third year, with children playing an ever larger part and the impact on their lives all the more tragic.
Between January and September 2016, more than 664,500 children claimed asylum in Europe; nine in ten children arriving in Italy this year were unaccompanied; 23,000 children in Greece remain in limbo – their futures hanging in the balance, their education on hold.
More than 700 children are estimated to have died at sea trying to reach Europe this year alone. Last week a six-year old child died in a fire in the Moria camp on the Greek island of Lesbos.
The ICJ is deeply concerned at the failure to prioritize the protection of children’s rights. Children lack access to basic procedural rights, such as access to a guardian, access to a lawyer or access to information.
Children stranded in Greece have been out of school for an average of 20 months.
Many children have to wait for more than a year to reach family members in other EU Member States or even more when their parents or siblings are outside of the EU. In many cases they cannot reunite with their parents or siblings because it is simply too expensive for them.
The EU and Member States can do a lot more to protect children’s rights and address their particular needs and vulnerabilities.
78 partner organizations identify seven priority actions to protect refugee and migrant children today and prepare them for the future.
These actions include the urgent adoption of an EU Action Plan on children in migration, strengthened safeguards in the asylum legislation, increased funding for national child protection systems and building mechanisms to protect children across borders.
The reform of the common European asylum system, currently debated in the European Parliament, provides a unique opportunity to ensure children get access to guardians, education and family reunification.
EU action is also needed to end the detention of migrant and refugee children, and the identification of alternatives.
The full statement can be downloaded here:
eu-joint-statement-refugee-and-migrant-children-advocacy-non-legal-submission-2016-eng
Information about the November 2016 ICJ Geneva Forum on the role of judges and lawyers in relation to large movements of refugees and migrants (including special consideration of migrant and refugee children), is available by clicking here.
Nov 28, 2016 | News
The ICJ, along with a number of other NGOs, issued a joint statement expressing solidarity for the families of executed prisoners in Singapore.
The statement was issued following the execution of a Nigerian national, Chijioke Stephen Obioha, and a Malaysian national, Devendran a/l Supramaniam in Singapore on 18 November 2016.
The full statement can be downloaded here:
singapore-joint-ngo-statement-singapore-executions-news-web-story-2016-eng (PDF)
Nov 25, 2016 | Multimedia items, News, Video clips
The ICJ has launched a new women’s rights defenders profile series, beginning with ICJ Commissioner and Justice of the Supreme Court of Serbia, Radmila Dragicevic-Dicic.
The monthly profile series, introducing the work of ICJ Commissioners and Honorary Members on women’s rights, has been launched to coincide with the International Day to Eliminate Violence against Women and the first day of the 16 Days of Activism Against Gender-Based Violence Campaign.
The Judges Association of Serbia was established by Radmila and others in 1997, during the regime of Slobodan Milosevic. The Association was formed under the slogan ‘I do not agree’ in opposition to the misuse of the judiciary. Many women were involved in this fight against corruption and in protection of the independence of the judiciary.
In the year 2000, shortly before the fall of Milosevic, Radmila was one of fifteen judges that were dismissed because of their opposition to the repressive regime; although she was quickly reinstated following the elections that took place later that year.
During the civil war period in the 1990s, violence against women grew significantly and domestic violence was rampant in Serbia. Radmila, and other women in the judiciary, worked on issues of organized crime and human trafficking and they were brave to do so as the State couldn’t guarantee their security.
Radmila spoke of women’s continued obstacles in accessing justice and the important of protecting victims of violence. She commented that some States still lack the facilities, resources, personnel and awareness to provide adequate protection for victims.
Human trafficking continues to be one of the biggest problems that affects women, not only in Europe but globally. Justice Dragicevic-Dicic said it was beneficial for those working on women’s rights to share their experiences and learn from one another. Although the motivations and circumstances of women trafficked in different parts of the world may vary, all these women are subject to the same kinds of violence.
In the Serbian constitution, human trafficking is categorized as a crime against humanity and is taken very seriously, although this was not always the case.
Radmila spoke of one case she presided over that helped her to understand what it meant to be a victim. The case concerned two Ukrainian students who had dreamt of going to work in Germany to earn some money for their families but were trafficked into prostitution. She said that this case helped her to understand that anyone can be a victim.
It is everyone’s right to have dreams and to be naïve but no-one has the right to violate your rights. Radmila works to raise awareness amongst other judges that their role is not to judge the victims but those that have exploited them.
There remains a number of issues for victims of trafficking that Justice Dragicevic-Dicic highlighted, including ensuring the non-punishment, safety and protection of victims as well as addressing their access to compensation. Even where the offender isn’t known, victims are still entitled to the full rights of a victim within criminal proceedings.
The judiciary and independent organizations, like the Association of Serbian Judges and the International Commission of Jurists, have an important role in protecting the rights of women. Radmila explained that this can be done through promoting international standards, ensuring that victims are made visible and ensuring that States understand their responsibilities and obligations.
Judicial education on gender-based violence is important, not just in countries undergoing transitional periods, but for all countries where regional and/or international standards have been developed.
Radmila advised anyone interested in defending women’s rights that this work can be done from any position or microsystem that an individual or group is operating in, providing they take the time to educate themselves and build awareness. What is important is that as many people as possible come together to promote and protect women’s rights. Progress can be made, even if this is little by little.
“Sometimes you think you are doing little and you feel hopeless”, said Radmila, “but then I always say if you put a little seed somewhere then it will grow, after you leave, in one year, two years it’s always worth it.”
Watch the video interview:
The series of profiles introducing the work of ICJ Commissioners and Honorary Members on women’s rights was launched on 25 November 2016 to coincide with the International Day to Eliminate Violence against Women and the first day of the 16 Days of Activism Against Gender-Based Violence Campaign.
Nov 21, 2016 | News
Forty distinguished judges and lawyers from around the world have reaffirmed the essential role of judges and lawyers in securing the rule of law and human rights in relation to large movements of refugees and migrants, at the 7th annual ICJ Geneva Forum, 17-18 November 2016.
The 2016 Forum concluded with substantial agreement and reaffirmation of the essential role that judges and lawyers must be enabled to play, and must fulfil in practice, if the rights of refugees and migrants and the rule of law are to be secured, including in the context of large movements.
Participants exchanged challenges and solutions, and deliberated on a wide range of issues, including:
- on methods for best assessing evidence and credibility;
- on means for overcoming the legal, policy, and practical challenges when judges and lawyers face large numbers of claims and cases;
- on reforms to better enable immigration judges to meet basic standards of independence and impartiality;
- on the need for judiciaries and legal professions to ensure practitioners receive appropriate training and better access to information about international standards and reliable information about country situations;
- on the importance of effective access to competent legal advice and representation, including free of charge when necessary, for refugees and migrants to be able to exercise their rights and for judges to be able to decide cases in an efficient and just manner;
- on ways of supporting judges who courageously exercise their independence to uphold the rule of law and human rights, including in the face of interference or reprisal from the executive or legislative branches of government, or intense media criticism or majoritarian pressure;
- on ensuring that refugees and migrants who are victims of crime or victims of human rights violations are able to have effective access to justice and effective remedy, without discrimination arising from their status;
- on the importance of ensuring that legal processes are sensitive to the particular situation of women and children migrants, and migrants in detention.
Based on the discussions,the ICJ will develop and disseminate a set of Principles and recommendations on the role of judges and lawyers in situations of large-scale movement of refugees and migrants. The Principles will complement ICJ’s 2011 Practitioners’ Guide No 6 on Migration and International Human Rights Law.
More information about the Geneva Forum is available here.
For further details, please contact Matt Pollard, senior legal adviser, matt.pollard(a)icj.org
The 2016 Geneva Forum has been made possible with the support of the Republic and Canton of Geneva.
The ICJ is also grateful for the assistance of the Le Centre d’Accueil – Genève Internationale (CAGI) and Swiss Confederation.
Nov 21, 2016 | Advocacy, News
The ICJ and five other human rights groups are calling on the Malaysian authorities to drop all charges against the Bersih organizers and activists, return all items confiscated from their offices and stop making further arbitrary arrests in connection with these events.
Download the statement here:
malaysia-bersih-5-statement-advocacy-2016-eng (full text in PDF)
