Nov 14, 2012 | Agendas, Events
The ICJ is organizing this workshop in collaboration with Cross Cultural Foundation (CrCF) and the Association for the Prevention of Torture (APT) from 17 – 18 November 2012 in Bangkok, Thailand.
The workshop is aimed at supporting and strengthening civil society groups in Thailand in their engagement at the international level to address key issues in the implementation of the UNCAT.
This is a follow-up to a previous workshop held by the ICJ together with the APT and OHCHR last January 2012 where Thai groups decided to submit an alternative report to the UN Committee against Torture.
The November workshop will have discussions on the role of the UN Committee against Torture, as well as key provisions of the UNCAT.
A representative from the Commission on Human Rights of the Philippines will be sharing to Thai groups on the Commission’s experience on drafting an alternative report on the Philippines.
Nov 13, 2012 | News, Publications, Reports
A new ICJ report shows that the constitutional reform process in Egypt has failed to meet international principles of inclusive participation and transparency, thereby undermining the transition to democracy.
“The Egyptian authorities, including the Constituent Assembly, have failed so far to meet the aspirations of the Egyptian people to adopt a Constitution that establishes the rule of law, recognizes and protects universally accepted human rights without restriction, guarantees the independence of the judiciary in all circumstances, and ensures the effectiveness of democratic institutions,” said Wilder Tayler, ICJ Secretary General.
The ICJ is calling upon the Egyptian authorities to address the challenges currently facing the constitutional reform process, as a matter of urgency; ensure that this process is in full compliance with international standards of inclusive participation and transparency; and guarantee that the new Constitution fully conforms with the rule of law and international law, including human rights standards.
The ICJ report Egypt’s new Constitution: a flawed process; uncertain outcomes details how, in overseeing the process leading to the adoption of a new Constitution, the Supreme Council of Armed Forces (SCAF) failed to ensure the rights of Egyptians to take part in public affairs and to meaningfully participate in the drafting and adoption of a new Constitution.
“Instead of paving the way for a clear and participatory reform process, the SCAF consistently opted for opaque, rushed and non-consensual policies that aimed to shield the armed forces from any form of accountability and that have severely undermined both the legitimacy of the process itself and its outcomes,” Tayler added.
Even though the administration of President Morsi replaced the SCAF on 30 June 2012, the constitution-making process continues to be carried out under the legal framework enacted by the SCAF.
The report also describes how several judicial decisions, in particular the dissolution of the first Constituent Assembly, by a decision from the High Administrative Court, and the dissolution of the People’s Assembly, following a decision by the Supreme Constitutional Court, have contributed to the confusion and uncertainty regarding the drafting of a new constitution.
As a result of this confused process, the draft of the new Constitution, published by the Constituent Assembly on 14 October 2012, has failed to provide for effective guarantees to reinforce the protection of human rights and the supremacy of the rule of law, including by ensuring that the powers of the State are not exercised arbitrarily.
“The draft Constitution does not sufficiently incorporate the rule of law and international law, including human rights standards. This is particularly evident as regards the accountability of the armed forces and their subordination to a legally constituted civilian authority, the content and scope of constitutional human rights, and the compliance of the whole judicial system, including the Office of the Public Prosecutor and the Constitutional Court, with international standards of independence, impartiality and accountability,” said Said Benarbia, ICJ Senior Legal Adviser for the MENA programme.
The report sets out urgent institutional and legal reforms that, together with sufficient political will, may help ensure a clean break with the practices and policies of Mubarak’s regime and the transition to a genuine democracy in Egypt.
Contact:
Saïd Benarbia, Middle East & North Africa Senior Legal Adviser, ICJ, t +41 22 979 3817; e-mail: said.benarbia(at)icj.org
Alice Goodenough, Middle East & North Africa Legal Adviser, ICJ, t +41 22 979 3811; e-mail: alice.goodenough(at)icj.org
Egypt-Flawed constitutional reform process-report-2012
Photo by Reuters
Nov 2, 2012 | Events
The ICJ will hold a five-day seminar in Geneva for lawyers from Central Asian countries on International Human Rights Law in the Criminal Justice Process.
The training seminar, from 5 – 9 November, will cover international human rights law related to fair trial, the right to liberty, freedom from torture and cruel, inhuman or degrading treatment, and the right to life; as well as UN human rights mechanisms. The training will involve ICJ Commissioners and legal advisers, as well as other experts. Participants will meet with members of Committee against Torture, and with representatives of other treaty bodies and UN Special Procedures. The participants will also attend a session of the Committee Against Torture, to observe the reporting process.
The seminar aims to build a strong connection between national lawyers in Central Asian countries and the international human rights system. It will provide a forum for detailed and practical discussion on international human rights law and its application in practice in national systems, drawing on the experiences of experts on international jurisprudence, standards and mechanisms, to ensure more effective application of these standards in Central Asian countries.
Agenda-CISTraining-2012-eng (download the agenda in English)
Agenda-CISTraining-2012-rus (download the agenda in Russian)
Nov 1, 2012 | News, Publications, Reports
The Sri Lankan government must immediately cease its assault on the independence of the judiciary, the ICJ said in a new report.
