Oct 13, 2016 | News, Publications
The ICJ published today a Russian translation of its Practitioners Guide no. 6 on Migration and International Human Rights Law.
This updated edition of the Practitioners Guide analyses the protection afforded to migrants by international law and the means to implement it at national and international levels.
The ICJ Guide synthesizes and clarifies international standards on key issues, in particular:
- the rights and procedures connected to the way migrants enter a country and their status in the country of destination;
- human rights and refugee law constraints on expulsion;
- the human rights and refugee law rights linked to expulsion procedures;
- the rights and guarantees for administrative detention of migrants;
- rights connected to work and labour; and
- rights to education, to the highest attainable standard of health, to adequate housing, to water, to food, and to social security.
universal-pg-6-migration-publications-practitionners-guides-series-2016-rus (full guide in Russian, PDF)
Dec 17, 2015 | News, Publications, Reports
With the signing of the political agreement on a national unity government today, the next step in Libya’s transition will be to ensure that its new Constitution fully conforms to international rule of law and human rights standards, the ICJ said today.
The statement came as the ICJ released its new report The Draft Libyan Constitution: Procedural Deficiencies, Substantive Flaws.
In the report, the ICJ calls on the Libyan Constitution Drafting Assembly (CDA) to substantially revise the Draft Constitution published in October with a view to ensuring its full compliance with Libya’s obligations under international human rights law and international standards.
Libyan authorities, including the CDA, should also put in place effective mechanisms to ensure that the drafting process is inclusive, participatory, and fully reflects the views of a broad range of stakeholders, including civil society and minority groups.
The report concludes that the Draft Constitution, in many key respects, does not conform to Libya’s obligations under international human rights law or to international rule of law standards.
“The new Constitution provides a crucial opportunity to depart from decades of authoritarianism under Moammar Ghadafi’s regime. It must therefore provide for a strong foundation upon which the rule of law, including the separation of powers, the independence of the judiciary and civilian oversight over military and armed groups, can be established and upheld,” said Said Benarbia, Director of the ICJ MENA programme.
The Draft Constitution should also be amended to provide for a comprehensive set of human rights and protections that fully accord with international human rights law, including provisions relating to non-discrimination, the right to life, the right to liberty and security, the prohibition on torture and other cruel, inhuman or degrading treatment or punishment, protections for minorities, the right to freedom of thought, conscience and religion, fair trial rights, and a range of economic, social and cultural rights.
“The Libyan Constitution must at a minimum conform to the definition and scope of the rights contained within the human rights treaties to which Libya is a state party. Any scope for limitation of rights must conform to the criteria for such limitations under international law and, in particular, only as are provided for by law, are proportionate, and are demonstrably necessary in a free and democratic society,” Benarbia added.
Contact:
Doireann Ansbro, Associate Legal Advisor of the ICJ Middle East and North Africa Programme, tel: +216 71 841 701, email: doireann.ansbro(a)icj.org
Libya-Draft Constitution Flaws Deficiencies-Publications-Reports-2015-ENG (full report in PDF, English)
Libya-Constitution Flaws Report-News-Press releases-2015-ARA (full press release in Arabic, PDF)
Libya-Draft Constitution Flaws Deficiencies-Publications-Reports-2015-ARA (full report in PDF, Arabic)
Dec 11, 2014 | News, Publications, Reports
Two years after prominent Laotian activist Sombath Somphone was last seen at a police checkpoint, the Laotian government must do more to investigate his suspected enforced disappearance, said the ICJ in a new report released today.
In the report, Missed Opportunities: Recommendations for Investigating the Disappearance of Sombath Somphone, which was co-authored by Michael Taylor QPM, a leading international investigator, the ICJ noted that despite the passage of two years since Sombath Somphone’s apparent enforced disappearance on December 15, 2012, very little information about the progress of investigation has been released to the public or his family.
“The fact that the Lao PDR government’s last report on the progress of the investigation was released over 18 months ago raises serious concerns as to whether the Laotian authorities are in fact carrying out an effective investigation into this case as they are required to do under international law,” said Sam Zarifi, ICJ’s Regional Director for Asia and the Pacific.
“It is not enough for the Laotian government simply to assert it is investigating this case. International law obliges Lao PDR authorities to conduct an investigation that is credible and effective, along the lines suggested in ICJ’s report.”
Among other recommendations, the ICJ’s report suggests a range of investigative steps that should be addressed by the authorities of Laos PDR including establishing a relationship with Sombath Somphone’s family, carrying out a proper technical assessment of the Closed circuit Television (CCTV) footage of his abduction, analyzing relevant cell phone information from telephone cells and towers, and mandating an independent expert body to review the results of the investigation to date and make recommendations.
The Lao PDR government has denied any involvement in Sombath Somphone’s abduction.
But reports released by police reveal a wholly inadequate investigation that has not come any closer to a credible explanation as to his fate or whereabouts.
“The ICJ hopes that this report will assist the Laotian authorities to identify potential leads in the case so that the truth as to the whereabouts and fate of Sombath Somphone can finally be established and those who are responsible for criminal conduct and violations of his rights can be brought to justice,” said Zarifi.
“One of the conclusions of the ICJ’s review of the publicly available material regarding this case is that this case remains ‘eminently solvable’ if proper investigative methodology is followed.”
Key recommendations in the report include:
- Formulate a sensitive family liaison strategy that ensures that their right to be regularly provided with information about the progress and results of the investigation are respected in a manner that also ensures the effectiveness of the investigation.
- Implement a CCTV strategy that ensures the capture and systematic analysis of all relevant material and the submission of material to accredited independent and expert laboratories that will provide the best opportunity for enhancement of critical detail.
- Seek the assistance of appropriate agencies in other countries in the forensic examination and analysis of crime scenes, vehicles, phone and CCTV data, and any physical or other evidence.
- Ensure an independent comprehensive review of the scope, methodology and results of the investigation to date is carried out by a competent, independent and relevantly expert body. Such a body should have the authority to request and receive all relevant information, question individuals and make recommendations. All officials and experts who have been involved in the investigation to date should cooperate and provide information to the independent body carrying out the review.
Contact:
Sam Zarifi, ICJ Asia Regional Director, (Bangkok), t:+66 807819002, e-mail: sam.zarif(a)icj.org
Kingsley Abbott, ICJ International Legal Adviser, (Bangkok), t:+66 944701345, e-mail: kingsley.abbott(a)icj.org
Background:
Sombath Somphone, Lao PDR’s most prominent community development advocate and a Ramon Magsaysay Award winner, was last seen on December 15, 2012, on a road in the capital Vientiane.
Closed circuit Television footage showed him being stopped at a police checkpoint, exiting his vehicle, and after his vehicle was driven away by an unidentified man, getting into another vehicle with unidentified men and being driven away. He has not been seen since.
As a State Party to the International Covenant on Civil and Political Rights (ICCPR and Convention Against Torture and Other, Inhuman or Degrading Treatment or Punishment (CAT), the Government of Lao PDR has the duty to carry out independent, impartial and effective investigations into cases of alleged enforced disappearance.
Download the report in PDF:
Lao-Somphone disappearance-Publications-report-2014-ENG (full report in English, PDF)
Lao-Somphone disappearance-Publications-report-2014-LAO (full report in Laotian, PDF)
Read also:
Lao PDR: government must tackle enforced disappearance case
ICJ submission on the Universal Periodic Review of Lao
Mar 27, 2014 | Events, News, Publications, Reports, Seminar and conference reports
The ICJ hosted over 40 human rights defenders (HRDs) from Southern, Eastern and Western Africa to deliberate on strategies for enhancing the protection of human rights and human rights defenders.
The event took place on 27-28 March 2014 in Tswane, Pretoria.
Several African dignitaries attended the strategy session, including various independent experts from the African Union and United Nations focusing on protection and promotion of the work of human rights defenders.
This reflection session came in the wake of the increased sophistication of acts that undermine the independent, safe and secure operation of human rights defenders in Africa.
These acts include restrictive and punitive legislative enactments, in countries such as Uganda, Ethiopia and Kenya, and extra judicial killings and enforced disappearances in countries such as the Democratic Republic of Congo, Sudan, and South Sudan.
Other acts undermining the work and security of human rights defenders include the prohibition of access to funding; defamatory labeling of HRDs as “spies”, “unpatriotic”, “traitors”, and “foreign agents”; and the passing of laws criminalizing homosexuality.
The Universally acclaimed Declaration on Human Rights Defenders has recorded a greater number of breaches in recent times than before.
There is an increasing need for defenders to identify and reflect on opportunities to strengthen their collective responses and to provide rapid in-country and regional support and solidarity that nurtures a spirit of resilience, collectiveness and camaraderie within universally accepted norms of the defence of human rights.
Contact
Arnold Tsunga, Director, ICJ Africa Regional Programme, Arnold.tsunga(a)icj.org, +27731318411, or
Martin Okumu-Masiga, Deputy Director, ICJ Afria Regional Programme, Martin.okumu-masiga(a)icj.org, +27110248268 (full text in PDF)
Southern Africa-Strategic Session rapide response-Publications-Workshop report-2015-ENG (full text in PDF)
Mar 7, 2014 | News, Publications, Reports
A new ICJ report criticizes the Thai Government’s failure to take the steps necessary to establish the fate and whereabouts of missing lawyer Somchai Neelapaijit, saying it illustrates the challenges of achieving justice in cases of serious human violations in Thailand.
In the report, Ten Years Without Truth: Somchai Neelapaijit and Enforced Disappearances in Thailand, the ICJ documents the tortuous legal history of the case.
It highlights several key problems, such as poor use of forensic evidence, failure to follow and develop leads, unduly restrictive interpretation of national and international law, and above all, a lack of political will to resolve a case that remains emblematic of the culture of impunity in Thailand.
“Over the past 10 years, this case has taken many unexpected turns, including the disappearance of a prime suspect, admissions of Somchai’s death from officials while the courts have rejected such a finding, and most recently, a statement from the Department of Special Investigations that it had lost, and then found, the case files,” said Sam Zarifi, ICJ’s Regional Director for Asia and the Pacific.
“The Royal Thai Government has not exhausted all potential areas of inquiry and it must continue this investigation. There is no statute of limitations on an enforced disappearance and Somchai’s case is not forgotten in Thailand or around the world.”
Somchai, a lawyer and human rights defender, was stopped at a Bangkok roadside on March 12, 2004 and pulled from his car by a group of men. He has not been seen since.
At the time, Somchai was defending clients from Thailand’s restive southern provinces who were accused of attacking a military base as part of the ongoing insurgency in the region. Somchai had alleged police tortured the Muslim suspects.
Ten years later, Somchai’s wife, Angkhana Neelapaijit, and her family are no closer to knowing the truth about what happened to him.
“Somchai’s enforced disappearance, and the failure of the Royal Thai government to provide accountability or even basic information about his fate are emblematic of the challenges of achieving justice in cases of serious human rights violations in Thailand,” said Zarifi. “Enforced disappearance is not only a serious human rights violation but also a crime under international law.”
Thailand signed, but has not yet ratified, the Convention Against Enforced Disappearance in January 2012. Pending the ratification, Thailand must desist from any acts that would defeat the objective and purpose of the convention, which places an obligation on State Parties to make enforced disappearance a criminal offence and treat family members of a ‘disappeared’ person as victims in their own right.
The ICJ has followed Somchai’s case closely and worked with Angkhana Neelapaijit since 2004.
“The Royal Thai government’s failure to shed any more light on the enforced disappearance of Somchai Neelapaijit, despite providing compensation for his family and finding him to be ‘disappeared’, contradicts multiple past declarations of its commitment to seeking justice, or at least truth, including by several former Prime Ministers, Attorneys General, and officials,” the report says.
“It also contradicts official commitments before the United Nations Human Rights Council in March 2008.”
The ICJ’s report calls on the Royal Thai government to prioritize and advance the investigation into Somchai’s disappearance in a manner that conforms to its international obligations. It also recommends that Thailand:
–Ratify the Convention Against Enforced Disappearance;
–Enact legislation that makes enforced disappearance a specific crime in Thai domestic law, together with penalties that recognize its extreme seriousness;
–Amend existing Thai law to conform to the Convention Against Enforced Disappearance, as well as the State’s obligations, including with respect to effective remedy and reparation, under the ICCPR and CAT;
–Provide Angkhana Neelapaijit and her family with effective remedy and full reparation, in particular knowledge and clarification of the facts leading to the enforced disappearance and the progress and results of the Department of Special Investigations, and;
–Address the recommendations the ICJ made to the DSI in its letter of February 4, 2014 with respect to its investigation.
CONTACT
Sam Zarifi, ICJ Asia-Pacific Regional Director, (Bangkok), t:+66 807819002, e-mail: sam.zarifi(a)icj.org
Craig Knowles, ICJ Media & Communications, (Bangkok), t:+66 819077653, e-mail: craig.knowles(a)icj.org
Download the full report in PDF:
Ten Years Without Truth- Somchai Neelapaijit and Enforced Disappearances in Thailand – report – 2014
Thailand-Ten Years Without Truth-Publications-Reports-2014-THAI
Dec 3, 2013 | News, Publications, Reports, Thematic reports
Lawyers continue to encounter impediments to the exercise of their professional functions and freedom of association, as well as pervasive corruption, although they have been able to act with greater independence, says the ICJ in a new report launched today.
Right to Counsel: The Independence of Lawyers in Myanmar – based on interviews with 60 lawyers in practice in the country – says authorities have significantly decreased their obstruction of, and interference in, legal processes since the country began political reforms in 2011.
“The progress made in terms of freedom of expression and respect for the legal process is very visible,” said Sam Zarifi, ICJ Asia-Pacific director. “But despite the improvements, lawyers still face heavy restrictions and attacks on their independence, which can result in uncertainty and fear, particularly when it comes to politically sensitive issues.”
Systemic corruption continues to affect every aspect of a lawyer’s career and, as a result, is never absent from lawyers’ calculations vis-à-vis legal fees, jurisdictions and overall strategy.
“Corruption is so embedded in the legal system that it is taken for granted,” Zarifi said. “When the public also generally assumes that corruption undermines the legal system, this severely weakens the notion of rule of law.”
“Lawyers in Myanmar, as elsewhere, play an indispensable role in the fair and effective administration of justice,” Zarifi added. “This is essential for the protection of human rights in the country and the establishment of an enabling environment for international cooperation towards investment and development.”
But lawyers in Myanmar lack an independent Bar Council, the report says, noting that the Myanmar Bar Council remains a government-controlled body that fails to adequately protect the interests of lawyers in the country and promote their role in the fair and effective administration of justice.
The ICJ report shows that other multiple long-standing and systemic problems affect the independence of lawyers, including the poor state of legal education and improper interferences on the process of licensing of lawyers.
In its report, which presents a snapshot of the independence of lawyers in private practice in Myanmar in light of international standards and in the context of the country’s rapid and on-going transition, the ICJ makes a series of recommendations:
- The Union Attorney-General and Union Parliament should significantly reform the Bar Council to ensure its independence;
- The Union Attorney-General and Union Parliament should create a specialized, independent mechanism mandated with the prompt and effective criminal investigation of allegations of corruption;
- The Ministry of Education should, in consultation with the legal profession, commit to improving legal education in Myanmar by bolstering standards of admission to law school, law school curricula, and instruction and assessment of students.
Contact:
Sam Zarifi, ICJ Asia-Pacific Regional Director, (Bangkok), t:+66 807819002 e-mail: sam.zarifi(a)icj.org
Craig Knowles, ICJ Media & Communications, (Bangkok), t:+66 819077653, e-mail: knocraig(a)gmail.com
Myanmar-Right to Counsel-publications-report-2013-ENG (download full text in pdf)
MYANMAR-Right to Counsel-Publications-report-2015-BUR (Burmese version in pdf)
