Jul 27, 2018 | News
On 25 July, the ICJ visited the displaced persons of the Laguna Larga community, who were forcibly evicted from their homes over a year ago.
These displaced persons are now living in makeshift tents in infra-human conditions in the El Desengaño community, municipality of Candelaria, State of Campeche on the frontier between Guatemala and Mexico.
Their health and well-being are at serious risk.
On 8 September 2017, the Inter-American Commission on Human Rights (IACHR) granted precautionary measures in favour of the evicted and displaced community of Laguna Larga (Resolution 36/2017 Precautionary Measures No 412-17), calling on the Guatemalan authorities to adopt the “necessary measures to protect the rights to life and to personal integrity of the beneficiaries, through measures designed to improve, among other aspects, their sanitary and health conditions, in particular of children, women and the elderly”.
To date, the Guatemalan authorities have taken no action to implement the precautionary measures.
The ICJ was able to observe that the only measure adopted by the Guatemalan State has been to provide the displaced community with two teachers to give classes to the children.
However, the ICJ could also observe that the educational installations are precarious, too hot and very dark, which makes it difficult to give classes.
No sanitary nor health services have been provided by the Guatemalan authorities. On 24 July, a child died only 30 hours after her birth, seemingly a consequence of lack of medical attention.
Neither have other precautionary measures concerning food, access to water and housing been implemented.
The ICJ is deeply concerned that the Guatemalan State has not fulfilled the requirements of the IACHR and that after a year, the rights to life and personal integrity of the displaced community of Laguna Larga is at risk of irreparable harm.
In the face of the inaction of the Guatemalan authorities, members of the Laguna Larga community with the support of Mexican and Guatemalan organizations have managed to implement various projects to provide drinking water, electricity, food and health services.
However, despite these important efforts, this humanitarian support remains insufficient given the serious crisis.
While the efforts of the Laguna Larga community and Mexican and Guatemala non-governmental organizations have been an example of civil society organization, it in no way exonerates, substitutes or reduces the responsibility of the Guatemalan State to guarantee the rights to life and personal integrity of the displaced population and to implement the precautionary measures ordered by the IACHR.
Ramon Cadena, Director of ICJ’s Central American Office, said:
“Given this situation, the ICJ urges the Guatemalan authorities immediately to fulfil the Inter-American Commission on Human Rights’ precautionary measures 412-17 and to resume the dialogue that was started before the eviction. According to international standards, the State should provide reparations for all the harm and prejudice caused.”
Jul 24, 2018 | News
For many years, human rights defenders in Izabal have been the victims of persecution because of their opposition to the Phoenix nickel mining project.
This project has been operated by the Guatemalan Nickel Company (CGN), formally owned by Hudbay and now owned by the Solway Group.
“The ICJ expresses its deep concern about the persecution of human rights defenders opposing to nickel mining operations that are causing serious environmental damage and irreparable harm to the Lake of Izabal.
The local communities’ peaceful resistance contrasts with the violent repression that they face,” Ramon Cadena, Director of the Central American Office of the ICJ, said today.
Ramon Cadena added: “the Guatemalan government must urgently put an end to the criminalization and persecution of community leaders, journalists and all human rights defenders in the Department of Izabal.
Internal disciplinary measures should be taken against judges who through their acts contribute to the persecution of persons exercising their legitimate rights and freedoms.
The State should provide reparations for the harm and prejudice caused to human rights defenders by the public authorities. Furthermore, the International Commission against Corruption and Impunity in Guatemala (CICIG) should fully investigate these acts.“
Eduardo Bin Poou, Vice-President of the Izabal Fishers’ Association was recently detained and falsely accused without any evidence that he had committed any crime.
Last year, on 27 May 2017, Carlos Maas Coc, a leader of the Fishers’ Association was assassinated, and another fisherman, Alfredo Maquín Cocul, was wounded and these crimes remain in impunity today.
From 18-20 July, 2018, the ICJ carried out a visit to the Department of Izabal. On 19 July, the ICJ observed the hearing when the case against Jerson Xitumul, a community journalist, was dismissed for lack of evidence of any wrongdoing, at the Court for Criminal, Narcotics and Environmental Offences in Puerto Barrios.
The ICJ then held a meeting with the Izabal Fishers’ Association and on 20 July, the ICJ interviewed the Vice President of the same Association, Eduardo Bin Poou, arbitrarily detained in the Puerto Barrios prison.
The ICJ is deeply concerned by the role that judges in the Department of Izabal have played in the criminalization of human rights defenders.
Judge Edgar Aníbal Arteaga López has often abused his office by imposing exemplary punishments against human rights defenders.
This judge has handed down arbitrary sentences against journalists, fishermen, community leaders, land rights’ defenders and all those opposed to the nickel operations or who defend community rights in the Department.
For example, because of the arbitrary actions of Judge Arteaga, the community leader, Abelardo Chub Caal, remains in detention although there is no evidence that he has committed any crime.
There are other cases including that of Maria Magdalena Cuc Choc, from the Chabilchoch community, who was detained on 17 January 2018 in Puerto Barrios.
The single Judge for Criminal Proceedings, Narcotics and Environmental Offences in Puerto Barrios, Ana Leticia Peña Ayala, despite the evidence, absolved the retired Colonel Mynor Ronaldo Padilla González (former chief of security for the CGN nickel company) of all charges and ordered his immediate liberty.
During the court case, the Judge Peña Ayala prohibited the public and journalists from entering the court room for so-called “security reasons”, so that most of the proceedings were carried out behind closed doors. With this ruling, the assassination of Adolfo Ich remains in impunity and those responsible have not been punished.
In this same case, Germán Chub was left quadriplegic and the circumstances of the attack against him have never been resolved.
In the hearing on 19 July in the case of Jerson Xitumul, without any justification, Judge Arteaga also prohibited the presence of journalists and international and national observers in the court room.
Both judges flagrantly violated the principle of public hearings established in the Guatemalan Penal Code. A formal complaint was submitted to the Auxiliary of the Human Rights Attorney of the Department of Izabal concerning the actions of Judge Arteaga on 19 July.
The ICJ has stated on a number of occasions that the Guatemalan authorities have persecuted human rights defenders by charging them with crimes of land appropriation or aggravated land appropriation.
In this way, the Guatemalan authorities seek to criminalize the legitimate right to resist, enshrined in article 45 of the Guatemalan Constitution, accusing environmental human rights defenders and others of crimes such as incitement to crime, illegal detention, threats, damages, illicit meetings and marches and other acts. In practice, the State is penalizing the legitimate exercise of the rights of expression and association.
Jul 22, 2018 | News
The Supreme Court’s election of a person who is not suitable for the position of substitute judge on the Constitutional Court is deeply concerning for the sound administration of justice and the effective application of the rule of law, the ICJ said today.
Ramon Cadena, the Director of the Central American office of the ICJ added: “with this election, the SCJ has contributed to deepening the crisis in the judicial system and it will affect the little credibility that the Guatemalan people still retain in the justice system.”
The position of substitute judge on the Constitutional Court (CC) had become vacant when the former substitute judge was appointed Attorney General by the President, Jimmy Morales.
The eight judges of the SCJ who voted in favour of the substitute judge of the CC did not comply with international norms and standards on the administration of justice.
The Basic Principles on the Independence of the Judiciary state that “Persons selected for judicial office shall be individuals of integrity and ability with appropriate training or qualifications in law.”
The ICJ has been able to verify that the SCJ judges elected a person who:
- in 2010 was dismissed as Attorney General by the CC shortly after assuming office because the person was deemed not suitable;
- openly opposes the International Commission against Corruption and Impunity (ICCIG) despite the good work that the Commission undertakes to address corruption and impunity;
- in 2010, after assuming the office of Attorney General was accused of intervening in cases concerning corruption and impunity and impairing evidence in these cases.
The ICJ recalls that the CC stated that the acts carried out by Congress on 11 September 2017 were susceptible of causing “irreparable harm to the justice system”.
The ICJ considers that the election by the SCJ of the substitute judge to the CC should also be considered an act of irreparable harm to the justice system.
The ICJ therefore urges the CC to once again protect the rule of law in Guatemala.
Jul 6, 2018 | Advocacy, News, Non-legal submissions
The ICJ today joined other NGOs in highlighting key outcomes of the 38th ordinary session of the UN Human Rights Council.
The statement, delivered by International Service for Human Rights (ISHR) at the end of the session, read as follows (text in italics was not read aloud due to the limited time available):
“Our organisations welcome the adoption of the resolutions on civil society space, peaceful protest, on violence against women and girls and on discrimination against women and girls and the Council’s rejection of attempts to impede progress on protecting civic space, peaceful protest and the rights to sexual and reproductive health.
On civil society space, the resolution recognizes the essential contribution that civil society makes to international and regional organisations and provides guidance to States and organisations on improving their engagement with civil society. On peaceful protest, it sets out in greater detail how international law and standards protect rights related to protests.
On violence against women and on discrimination against women, we consider that ensuring sexual and reproductive health and rights are vital in efforts to combat violence and discrimination against women, online and offline, as well as to ensure targeted and specific remedies to victims. We appreciate that the work of women human rights defenders towards this is recognised.
We consider the adoption of the resolution on the contribution of the Council to the prevention of human rights violations as an important opportunity to advance substantive consideration on strengthening the Council’s ability to deliver on its prevention mandate.
Following challenging negotiations, we welcome the adoption by consensus of the resolution on human rights and the Internet, reaffirming that the same rights that people have offline must also be protected online, and calling on States to tackle digital divides between and within countries, emphasising the importance of tools for anonymity and encryption for the enjoyment of human rights online, in particular for journalists, and condemning once more all measures that prevent or disrupt access to information online.
We welcome continued Council attention to Eritrea‘s abysmal human rights record. This year’s resolution, while streamlined, extends expert monitoring of, and reporting on, the country and outlines a way forward for both engagement and human rights reform. We urge Eritrea to engage in long-overdue meaningful cooperation.
We welcome the renewal of the mandate of the Special Rapporteur on Belarus under item 4 with an increased vote – as it is still the only independent international mechanism to effectively monitor human rights violations in Belarus – while remaining concerned over a narrative to shift the mandate to item 10 in the absence of any systemic change in Belarus.
We welcome the consensus resolution on the DRC, putting in place continued monitoring and follow up on the expert’s recommendations on the Kasais. However, given violations and abuses throughout several regions in the country, occurring against the backdrop of an ongoing political crisis, delayed elections, and the brutal quashing of dissent, we urge the Council to promptly move towards putting in place a country-wide mechanism that can respond to events on the ground as they emerge.
We welcome the strong resolution on Syria, which condemns violations and abuses by all parties, and appropriately addresses concerns raised by the COI about the use of chemical weapons, sexual and gender-based violence, and the need to address situations of detainees and disappearances. The Council cannot stay silent in the face of continued atrocities as the conflict continues unabated into its seventh year.
We welcome the joint statements delivered this session on Cambodia, the Philippines, and Venezuela. We urge Council members and observers to work towards increased collective action to urgently address the dire human rights situations in these countries.
On the Philippines, we emphasise that the Council should establish an independent international investigation into extrajudicial killings in the ‘war on drugs’ and mandate the OHCHR to report on the human rights situation and on moves toward authoritarianism.
The joint statement on Cambodia represents a glimmer of hope after the Council’s failure to take meaningful action against clear sabotage of democratic space ahead of elections. Close scrutiny of the human rights situation before, during and after the elections is paramount and the Council must take immediate action on current and future human rights violations in this regard.
We welcome the joint statement delivered by Luxembourg calling on the HRC President to provide oral updates on cases of alleged intimidation or reprisal, including actions taken, at the start of the Item 5 general debate of each Council session and also provide States concerned with the opportunity to respond.
Finally, the new Council member to replace the United States of America should demonstrate a principled commitment to human rights, to multilateralism and to addressing country situations of concern by applying objective criteria.
Signatories:
- Asian Forum for Human Rights and Development (FORUM-ASIA)
- The Association for Progressive Communications
- The Center for Reproductive Rights (CRR)
- CIVICUS: World Alliance for Citizen Participation
- DefendDefenders (the East and Horn of Africa Human Rights Defenders Project)
- Human Rights House Foundation (HRHF)
- International Commission of Jurists (ICJ)
- The International Lesbian, Gay, Bisexual, Trans and Intersex Association (ILGA)
- International Service for Human Rights (ISHR)
Jul 5, 2018 | Advocacy, Non-legal submissions
The ICJ today joined other NGOs in urging open discussion and debate about countries at the UN Human Rights Council in Geneva, including in discussions of cooperation, despite attempts by some States to interrupt and suppress debate.
The statement was delivered in a General Debate on items 2 and 10 of the Council, by Asian Forum for Human Rights and Development (FORUM-ASIA) on behalf of the group of NGOs. It read as follows:
“Thank you, Mr. President. While we appreciate the importance of technical cooperation, we wish to stress that a debate on technical cooperation will be incomplete if it does not address non-cooperation and country situations that have worsened despite technical cooperation. We are alarmed by efforts to restrict discussion on such situations by some states under Agenda Item 10, including for instance by (the Bolivarian Republic of) Venezuela earlier today.
While we recognise that all delegations including NGOs are required to speak on the topic under discussion, we are deeply concerned when NGOs making relevant statements are interrupted and not given a chance to explain the relevance of their statement, and in some cases are even prevented from finishing the statement. This has happened even when an NGO is speaking specifically on concerns addressed by UN reports listed for discussion in the relevant debate. Statements on Cambodia during the March session of the Council are recent examples.
The concept of international cooperation should never be invoked to shut down any criticism of human rights situations in individual countries. Cooperation cannot succeed without accountability. To be effective, debates on technical assistance and capacity building must be open to frank discussion of the true gravity, character and extent of on-going violations in the country in question, as well as the impact or lack of impact of any assistance already undertaken.
Thank You”
Asian Forum for Human Rights and Development (FORUM-ASIA)
Cairo Institute for Human Rights Studies
Conectas Direitos Humanos
Freedom House
Human Rights House Foundation
Human Rights Watch
International Commission of Jurists
International Humanist and Ethical Union (IHEU)
International Service for Human Rights (ISHR)
