Zainab Kistabayeva, Iuliia Votslava, Shoira Sobirova and Daniyar Kanafin, four lawyers who have been trained at the Programme, and ICJ’s Legal Adviser Temur Shakirov, talk about this recent event.
Temur Shakirov
Zainab Kistabayeva
Iuliia Votslava
Shoira Sobirova
Daniyar Kanafin
La CIJ condena enérgicamente la violenta represión de las manifestaciones por parte del Gobierno venezolano y sus cuerpos de seguridad, así como el juzgamiento de civiles por tribunales militares de ese país.
Entre el 4 de abril y el 16 de mayo de 2017, han fallecido de manera violenta más de 40 personas en el contexto de manifestaciones, por la acción de los cuerpos de seguridad del Estado venezolano y grupos armados de civiles afectos al Gobierno.
Asimismo, centenares de personas han sido detenidas arbitrariamente, muchas de las cuales han sido trasladadas a prisiones militares, instalaciones de organismos de seguridad o a cárceles de máxima seguridad.
Numerosos detenidos han denunciado golpizas, tratos crueles e inhumanos así como actos de tortura.
Igualmente, por lo menos 275 civiles están procesados por tribunales militares, acusados de delitos previstos en el Código Militar, como los de “rebelión” y “traición”.
En muchos casos, a los abogados defensores se les limita el acceso a las salas de audiencia, sólo están autorizados a hablar uno pocos minutos antes de las audiencias con sus defendidos y se les restringe el acceso al expediente penal.
La CIJ recuerda que todas estas prácticas vulneran derechos y libertades fundamentales y constituyen una violación flagrante por parte del Estado venezolano de sus obligaciones constitucionales e internacionales de garantizar y proteger los derechos humanos.
Desde hace varios años la CIJ ha venido siguiendo la situación en Venezuela y ha podido constatar el vertiginoso y sistemático deterioro de los derechos humanos y de las libertades fundamentales, la pérdida de independencia del Poder judicial y, en general, el ocaso del Estado de Derecho.
Al respecto ver los informes de la CIJ: Fortaleciendo el Estado de Derecho en Venezuela (2014) y Venezuela: el ocaso del Estado de Derecho (2015).
Non-governmental organisations interested in participating in UN human rights mechanisms have until 1 June 2017 to submit an application for consideration during 2017.
The International Commission of Jurists, which itself has had consultative status with the UN since 1957, has been requested by the United Nations to disseminate the following information about the upcoming deadline for other interested NGOs to obtain UN consultative status:
1 June 2017 is the last day for Non-Governmental Organizations to apply for consultative status with the Economic and Social Council (ECOSOC), in order to have an opportunity to take part in UN deliberations. ECOSOC consultative status is governed by ECOSOC resolution 1996/31, which outlines the eligibility requirements for consultative status, rights and obligations of NGOs in consultative status, procedures for the withdrawal or suspension of consultative status, the role and functions of the ECOSOC Committee on NGOs, and the responsibilities of the UN Secretariat in supporting the consultative relationship. Consultative status is granted by ECOSOC upon recommendation of the ECOSOC Committee on NGOs, which is composed by Member States.
Who is eligible for applying?
Consultative relationships may be established with international, regional, sub regional and national non-governmental, non-profit public or voluntary organizations. NGOs affiliated to an international organization already in status may be admitted provided that they can demonstrate that their programme of work has direct relevance to the aims and purposes of the United Nations.
To be eligible for consultative status, an NGO must have been in existence (officially registered with the appropriate government authorities as an NGO/non-profit) for at least two years, must have an established headquarters, a democratically adopted constitution, authority to speak for its members, a representative structure, appropriate mechanisms of accountability and democratic and transparent decision-making processes. The basic resources of the organization must be derived in the main part from contributions of the national affiliates or other components or from individual members.
What are the benefits?
NGOs that are accredited with ECOSOC can participate in a number of events, including, but not limited to regular sessions of ECOSOC, its functional commissions and its other subsidiary bodies. NGOs may:
Organizations established by governments or intergovernmental agreements are not considered NGOs.
Information about how to apply is available here: http://csonet.org/index.php?page=view&nr=377&type=230&menu=14
Please note that ICJ is not itself involved or in a position to assist with applications for UN consultative status and all queries should be directed to the UN.
The ICJ emphasised the role of judges and lawyers in protecting human rights of migrants, during consultations at the UN in Geneva, as part of the preparatory process for a Global Compact on migration.
The informal consultation was convened by the UN General Assembly and held in Geneva on 8-9 May 2017. With a focus on human rights of migrants, it was the first thematic consultation to be held in connection with ongoing efforts by States to agree a UN global compact for safe, orderly and regular migration.
In addition to a written submission, the ICJ made statements during the main discussion, and as part of the concluding discussions.
The initial statement highlighted the recently published Principles on the Role of Judges and Lawyers in relation to Refugees and Migrants, developed by the ICJ in consultation with a wide range of relevant experts.
The concluding statement emphasised that effective protection of human rights, including of migrants, requires equal and effective access to impartial courts and independent lawyers, and urged States to ensure that the need for legal and practical guarantees for such access is reflected in the Global Compact eventually to be adopted. Indeed, the ICJ noted, access of individuals to a means of their enforcement is a key element distinguishing durable “rights” from, for instance, welcome but not necessarily permanent generosity.
For more information about the Principles on the Role of Judges and Lawyers in relation to Refugees and Migrants, click here.
The programme, launched today in Niamey, Niger, aims to enhance the capacity of civil society organizations to use AU mechanisms for human rights protection and promotion.
The three-year Africa-wide project on Consolidating Civil Society’s Role in the Transition from African Human Rights Standards to Practice is run by the ICJ, together with the African Centre for Democracy and Human Rights Studies (ACDHRS), the Norwegian Refugee Council (NRC) and the ICJ-Kenya Section.
The programme increases awareness of people in Africa about the AU human rights mechanisms for human rights implementation and compliance. It is directed at both national and community levels.
A further objective of the project is to strengthen national and regional responses to displaced persons and other groups at risk, including women and children.
The project will also provide an opportunity to human rights defenders, CSOs and journalists, who ordinarily have no means to access and attend the African Commission on Human and Peoples’ Rights, to do so in order to increase their involvement in the AU human rights system and will provide advocacy and litigation support to them.
Arnold Tsunga, Director of the ICJ Africa Regional Programme, noted that the African Union (AU) has developed an impressive body human rights law and standards.
He observed, however, that “one of the missing links is that of implementation and that unless human rights are effectively implemented, they may just remain standards on paper.”
The launch took place in the plenary of the NGO Forum preceding the 60th Ordinary Session of the African Commission on Human and Peoples’ Rights (ACHPR).
Participants in the Forum strongly welcomed the opportunities that the project will create and many indicated that they would take advantage of the opportunity to broaden participation in the African human rights mechanisms.
The programme is supported by the European Union, which was represented at the launch by Mr. Basile Sallustio, Attaché to the Délégation in Niger.
The ICJ has published a set of Principles on the Role of Judges and Lawyers in relation to Refugees and Migrants.
The Principles were developed by the ICJ on the basis of consultations with senior judges, lawyers, and legal scholars working in the field of international refugee and migration law (including at the 2016 Geneva Forum of Judges & Lawyers), as well consultations with States and other stakeholders on a draft version during the March 2017 Human Rights Council session, and other feedback.
The Principles seek to help judges and lawyers, as well as legislators and other government officials, better secure human rights and the rule of law in the context of large movements of refugees and migrants. They are intended to complement existing relevant legal and other international instruments, including the New York Declaration, as well as the Principles and practical guidance on the protection of the human rights of migrants in vulnerable situations within large and/or mixed movements being developed by the OHCHR.
The Principles address the role of judges and lawyers in relation to, among other aspects:
The Principles, together with commentary, can be downloaded in PDF format by clicking here: ICJ Refugee Migrant Principles 2017.
They are also available in Spanish, French and Arabic.
The ICJ formally launched the published version of the Principles at a side event to the June 2017 session of the Human Rights Council (click here for details), where their importance and utility were recognised by the UN Special Rapporteur on the human rights of migrants, as well as representatives of UNHCR and the OHCHR.
The ICJ had earlier released the final text in connection with the Thematic Session on “Human rights of all migrants” for the UN General Assembly Preparatory Process for the Global Compact for Safe, Orderly and Regular Migration to be held in Geneva 8-9 May 2017, where in an oral statement the ICJ was able to highlight the potential utility of the Principles in the development of the Compact.
The ICJ further promoted consideration of the Principle, in an oral statement to the Human Rights Council.
More information about the process of development of the Principles, including the list of participants to the 2016 Geneva Forum, is available here.
The consultations, preparation and publication of the Principles was made possible with the financial support of the Genève Internationale office of the Republic and Canton of Geneva, for which the ICJ is grateful.
For further information, please contact ICJ Senior Legal Adviser Matt Pollard, matt.pollard(a)icj.org
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