Jun 30, 2017 | News
On 29 and 30 June, the ICJ co-organized a workshop for Cambodian civil society on the UPR.
The workshop was organized with the Cambodian Center for Human Rights, the Cambodia Country Office of the Office of the High Commissioner for Human Rights, UPR Info, and the Cambodian Human Rights Committee on the mid-point review of the Human Rights Council’s (HRC) Universal Review (UPR) of Cambodia.
The Royal Government of Cambodia (RGC) underwent its second UPR in January 2014.
The objectives of the workshop were to:
1. conduct a comprehensive mid-term assessment of the progress and challenges as of late June 2017 of the RGC’s implementation of those recommendations made during the second UPR cycle of Cambodia that the RGC had accepted with a view to informing advocacy around the September 2017 session of the HRC;
2. To take stock of the situation of UPR implementation to provide a basis for preparation of NGO shadow reports during the 3rd cycle of the UPR;
3. To discuss a specific set of UPR recommendations among relevant government bodies and civil society organizations in order to build relationships and raise awareness of the recommendations;
4. To advocate for the full implementation of the recommendations accepted during the second UPR cycle of Cambodia; and
5. To increase awareness of and demand among the Cambodian public for the implementation of the accepted UPR recommendations and to increase awareness of the HRC and UPR process.
Kingsley Abbott, Senior International Legal Adviser for Southeast Asia for the ICJ, moderated a panel discussion on “developing strategic advocacy plans for monitoring the implementation of UPR recommendations” and delivered a presentation on “strategies to effectively implement recommendations and lessons learned from other countries” focusing on past UPR cycles of Thailand Lao PDR.
After a comprehensive review of the recommendations accepted by the RGC during the last UPR cycle it was determined that many of the recommendations had not been implemented.
Civil society agreed that it was important to further strengthen coordinated efforts to monitor and conduct advocacy around the UPR process, engage constructively with the RGC, and begin preparation for the third UPR cycle focusing on lessons learned from the last cycle and regional experiences.
Contact
Kingsley Abbott, ICJ Senior International Legal Adviser for Southeast Asia, t: +66 94 470 1345 ; e: kingsley.abbott(a)icj.org
Jun 29, 2017 | Advocacy, News, Non-legal submissions
The ICJ, together with other 60 national and international human rights organizations urged today the Myanmar authorities, and in particular the Ministry of Transport and Communication and the Parliament, to ensure the repeal of the offence of criminal defamation.
Myanmar-JointStatement-CriminalDefamation-2017-ENG (joint statement in English)
Myanmar-JointStatement-CriminalDefamation-2017-BUR (joint statement in Burmese)
Jun 23, 2017 | News
Today, the ICJ co-hosted an event in Bangkok, Thailand, named “Torture Bill, Still No Justice” to commemorate International Day in Support of Victims of Torture.
The event began with a keynote address by Professor Vitit Muntarbhorn, Special Rapporteur on violence and discrimination based on sexual orientation and gender identity and former ICJ Commissioner.
Following a screening of the film “The Railway Man”, the ICJ moderated a panel discussion which included victims of torture.
The event focused on the decision in February this year of Thailand’s National Legislative Assembly (NLA) to further delay the passage of essential legislation criminalizing torture and enforced disappearance.
Thailand is a State party to the International Covenant on Civil and Political Rights (ICCPR), the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment (CAT), and has signed, but not yet ratified, the International Convention for the Protection of All Persons from Enforced Disappearance (ICPPED).
The other organizers of the event were the Southeast Asia Regional Office of the Office of the High Commissioner for Human Rights, Amnesty International Thailand, the Cross-Cultural Foundation (CrCF), the Association for the Prevention of Torture (APT) and the Canadian Embassy in Bangkok.
A comic in English and Thai named “Torture is a Crime” was produced especially for the event by Shazeera Zawawi of APT.
Contact
Kingsley Abbott, ICJ Senior International Legal Adviser for Southeast Asia, t: +66 94 470 1345 ; e: kingsley.abbott(a)icj.org
Thailand-Comic-Torture is A Crime-Advocacy-2017-ENG (English version of the comic, PDF)
Thai version here
Jun 22, 2017 | News
Pakistani authorities need to ensure a prompt, impartial and effective investigation into a barrage of assaults and threats against lawyers in the premises of the Lahore High Court, the ICJ, Human Rights Watch and Amnesty International said today.
The Government needs to defend the rule of law and prosecute those responsible for any criminal conduct.
On 20 June, during proceedings of a case involving the alleged abduction and subsequent “disappearance” of a 26-year old woman and her two-year old son, supporters of the accused, a prominent lawyer, physically assaulted the complainant’s counsel Shabbir Hussain and Usama Malik, and made abusive remarks and threats against another member of the complainant’s legal team, Noor Ejaz Chaudhry.
The attackers were mostly lawyers and members of the local bar association.
The attackers also made abusive and threatening remarks against Asma Jahangir (photo), a notable human rights lawyer, Honorary Commissioner of the ICJ, and former President of the Supreme Court Bar Association.
Asma Jahangir was not present in the court but was represented by her legal team comprising of Shabbir Hussain, Usama Malik, Mian Liaquat Ali and Noor Ejaz Chaudhry.
“The legal profession is one of the pillars of the administration of justice. It is deeply worrying that instead of discharging their responsibility to uphold the rule of law, certain lawyers would resort to threats and violence in a clear attempt to obstruct justice,” said Ian Seiderman, ICJ’s Legal and Policy Director.
Under international standards, including the UN Basic Principles on the Role of Lawyers, Pakistan has an obligation to ensure that lawyers are able to perform all of their professional functions without intimidation, hindrance, harassment or improper interference.
Where lawyers are threatened as a result of discharging their functions, authorities must ensure they are adequately safeguarded.
“Lawyers must be able to go to court without fearing violent assaults and abuse,” Brad Adams, Asia director at Human Rights Watch said. “That such assaults take place with increasing frequency in Pakistan and without accountability represents a serious failure of the Pakistani authorities to ensure rule of law.”
It is the responsibility of the bar councils and associations to ensure that allegations of professional misconduct against their members are promptly, independently and impartially investigated, and if lawyers are found in breach of their codes of conduct after a fair hearing, disciplinary action is taken against them.
Any disciplinary action must be subject to an independent judicial review.
Threatening and assaulting opposing counsel is not just against the law, but also in breach of lawyers’ professional code of ethics,” said David Griffiths, Amnesty International’s Senior Adviser on South Asia. “The respective Bar Councils must take notice of the allegations, and use this condemnable incident as an opportunity to tackle the culture of impunity which impacts even the legal profession in Pakistan.”
Background
In May 2017, Bilquis Zareena filed a habeas corpus petition in the Lahore High Court for the recovery of her daughter Ayesha and grandson Alyan Ali, who have allegedly been missing since November 2016.
According to Bilquis Zareena, her daughter had secretly been married to Maqsood Buttar, a prominent lawyer and member of the Pakistan Bar Council, the highest regulatory body for lawyers in the country.
Bilquis Zareena claims her daughter and grandson’s lives could be in danger as Maqsood Buttar had previously threatened and even attempted to kill Ayesha.
The next hearing in the case is on Friday, 23 June 2017.
Contact:
Ian Seiderman, ICJ Legal and Policy Director, e: ian.seiderman(a)icj.org
Reema Omer, ICJ International Legal Adviser (South Asia), e: reema.omer(a)icj.org
Jun 16, 2017 | News
Justice Prafullachandra Natwarlal Bhagwati, former ICJ Commissioner and Honorary Member and Chief Justice of the Supreme Court of India, passed away at the age of 95, on 15 June 2017, following a brief illness.
“The International Commission of Jurists benefited greatly from Justice Bhagwati’s engagement and leadership. He was a giant of the human rights movement, dedicated to enlarging and ensuring access to justice for everyone, including those who couldn’t seek and receive justice due to their economic or social status,” said Sam Zarifi, ICJ’s Secretary-General.
“His dedication and ground-breaking approach to human rights accountability inspired many within and outside of the ICJ, and the values he represented will continue to inspire and inform our work,” he added.
Justice Bhagwati had a long history of promoting and protecting human rights, both at home and on the international stage, particularly for the most marginalized and vulnerable individuals and groups.
Former Chief Justice of India, Justice P.N. Bhagwati held a long and illustrious career within the Indian judiciary.
He introduced many innovative reforms within the Indian judicial system that increased access to justice for the poorest and most disadvantaged, including as a pioneer of public interest litigation and absolute liability.
Outside of India, Justice P.N. Bhagwati played a prominent role in the international human rights movement, for example as a member of the Committee of Experts of the International Labour Organization and Chair of the United Nations Human Rights Committee.
He was also actively involved in a number of non-governmental organizations, including the ICJ, where he committed to a high number of missions, seminars, publications and other activities on behalf of the organization.
He also served as a long-standing Chair of the Advisory Board for the ICJ’s Centre for the Independence of Judges and Lawyers.
May 30, 2017 | News, Op-eds
An opinion piece by Sean Bain, ICJ legal consultant in Myanmar, and Vicky Bowman, Director of the Myanmar Centre for Responsible Business.
A strategic environmental assessment is needed to enable sustainable development and the fulfilment of human rights for the people of Kyaukphyu, the site of a planned SEZ and deep-sea port.
In its interim report released in March, the Advisory Commission on Rakhine State chaired by former United Nations secretary-general Kofi Annan, called for a comprehensive assessment of the special economic zone in Kyaukphyu Township.
The aim would be to “explore how the SEZ may affect local communities and map how other economic sectors in the state may benefit (or possibly suffer) from the SEZ”.
The State Counsellor’s Office endorsed the commission’s interim recommendations, including for this assessment.
The call for a comprehensive assessment in Kyaukphyu echoes a proposal from our organisations, the Myanmar Centre for Responsible Business and the International Commission of Jurists, for the government to undertake a strategic environmental assessment.
Its purpose would be to address concerns about human rights and to consider the cumulative environmental and social impacts of planned developments. Oxfam has put forward a similar recommendation to the government.
Our recommendation comes as media reports this month suggest that the government is giving renewed attention to the future of the SEZ and related projects in Kyaukphyu.
The SEZ, which has been planned to include industrial parks along with deep-sea ports and transport links to China, would transform the demographic and economic character of Rakhine State’s central coast and hinterlands.
It would have significant impacts for local communities and the state economy, both during and beyond the envisaged 20-year construction period.
Kyaukphyu – already the starting point for oil and gas pipelines to China – would host the largest development project ever undertaken in Rakhine State.
Financed mostly by Chinese investors, with shipping facilities linking Myanmar to international routes through the Bay of Bengal, the project also has national and regional economic significance.
However, to date there has been insufficient consideration of the impacts, either positive or negative, on the livelihoods and human rights of residents and the economy of Rakhine State.
Plans for the SEZ are ambitious yet detailed information is scarce and so far there has been no genuine public participation in planning processes.
While contracts and payments regarding investments are decided in Myanmar’s economic and political capitals, it is at the local level that negative impacts can be felt the most.
It is also at the local level where economic benefits may be enhanced.
To address negative impacts and enable benefits, a joined-up approach that brings together national and local government and local and foreign companies with the people of the area is needed.
At present, a lack of coordination across ministries, and between national and regional governments is limiting the scope to harness opportunities and manage impacts of investments.
Despite their significance, neither the SEZ and deep-sea ports nor the offshore gas projects serviced from Kyaukphyu are included in Rakhine State’s socioeconomic development plan.
We believe a strategic environmental assessment is needed to enable sustainable development and the fulfilment of human rights in the Kyaukphyu area.
Strategic environmental assessments, which are part of Myanmar law, are defined in the 2015 Environmental Impact Procedure as “a range of analytical and participatory approaches that aim to integrate environment into policies, plans and programs and evaluate the inter-linkages with economic and social considerations.
The principle is to integrate environment, alongside economic and social concerns, into a holistic sustainability assessment.”
Unlike an environmental impact assessment, which is a permitting requirement for individual projects, a strategic environmental assessment takes a holistic approach by integrating environmental and social concerns and human rights protection, to produce a big picture view of the impacts of interrelated projects.
At Kyaukphyu, the national and state governments – drawing on financial and technical assistance from development and human rights partners – could commission expert independent consultants to undertake the necessary studies and analysis to produce such an assessment.
The assessment would consider the cumulative human rights and environmental impacts of the SEZ, seaports, pipelines, offshore gas developments and transport and energy infrastructure, including impacts on traditional fishing and farming livelihoods in Kyaukphyu.
It could address how best to avoid or minimise the physical and economic displacement of residents, and how to reduce the potential for local tensions and conflict associated with expected socioeconomic transformations.
A legal framework – based on international law and standards – for protecting human rights during economic displacement and resettlement needs to be put in place. That’s not just for the SEZs, but for all projects.
While insufficient to address the lack of legal accountability in the SEZ Law and the limited access to justice in Myanmar, a strategic environmental assessment could improve transparency and give voice to the views of local communities, businesses, civil society organisations and other stakeholders.
This would help fill major gaps in planning and decision-making processes thus far.
Consultation is critical to the value and legitimacy of any assessment but too often it is tokenistic or minimised to cut costs and time.
Development partners should ensure that they are funding genuine and extensive public participation.
A lesson from Myanmar’s only other assessment of this kind, currently underway with support from the International Finance Corporation focused on the hydropower sector, has been the need to communicate and engage constantly about the purpose and process of the assessment.
Many civil society groups chose not to participate in consultations for the IFC-backed assessment due to scepticism and lack of confidence in the process.
To learn from this experience, international and local NGOs in Kyaukphyu could share information and support communities to make informed decisions about their engagement with a strategic environmental assessment.
Until there is a concrete and transparent plan to manage impacts from development projects in Kyaukphyu, particularly those with negative impacts on human rights, current preparations for the SEZ should be put on hold.
This includes land acquisition that is underway and risks violating the rights of local residents.
The government should also delay entering into investment agreements with the winning consortium of developers, which is led by China’s CITIC Group, until there has been broader multi-stakeholder debate about the SEZ, and how it may develop and interact with other investments in the area.
A strategic environmental assessment in Kyaukphyu could contribute towards correcting a development process that has so far not contributed meaningfully to the realisation of human rights or addressed the economic needs of the population in Kyaukphyu or Rakhine State.
We hope that the Myanmar government at national and state level as well as development partners will take this forward, building on the advisory commission’s recommendation and its endorsement by the state counsellor.
