Jun 25, 2015 | News
While welcoming the recent momentum towards finalizing the drafting of a new Constitution, the ICJ said that the Constituent Assembly in Nepal must ensure strong and effective protections for all human rights, consistent with its international human rights obligations.
In addition, they also must ensure that the drafting process is fully inclusive and participatory,
After seven years of political impasse, the devastating earthquake of 25 April 2015 provided Nepali political leaders an opportunity to restore public faith in public authority by reinvigorating the constitutional process.
The country’s four major political parties have now apparently reached agreement on some previously contentious issues and developed a fast-tracked process for the adoption of a new democratic Constitution.
“The horrific earthquake and the government’s response to it has led to a renewed sense of urgency about finalizing and adopting a Constitution that will help create a stable, representative government structure in Nepal consonant with rule of law principles”, Sam Zarifi, ICJ’s Asia director. “The country’s political leaders have a unique responsibility, and opportunity, to adopt a strong, progressive and human rights-compliant constitutional text”.
International law and standards require meaningful public consultation through a transparent and inclusive process. However, the lack of transparency in the current fast-tracked process, combined with the accelerated timeframe, risks undermining people’s ability to participate effectively in the development of the Constitution.
“None of Nepal’s previous Constitutions were the result of meaningful consultation and public participation”, Zarifi said. “The current government must take immediate steps to consult and ensure the participation of all stakeholders, including marginalized groups and minorities”.
The new Constitution must serve to implement the full range of human rights guaranteed under international law. Specifically, while drafting the new constitution, the ICJ urges the Government of Nepal to ensure, among other things, that:
- The new constitution guarantees all of Nepal’s international human rights obligations;
- Permissible limitations on human rights and provisions derogating from rights during emergencies in the new Constitution comply with international human rights laws;
- There is no impunity for gross violations of human rights and serious violations of international humanitarian law committed during the armed conflict, and criminal law is applicable to acts committed at the time;
- The right to effective remedies and reparation for all human rights is recognized;
- Economic, social and cultural rights are recognized as justiciable; and
- Judicial independence is reinforced.
Contact
Nikhil Narayan, ICJ Senior Legal Advisor (Kathmandu), t: +977 9851061167; Email: nikhil.narayan(a)icj.org
Jun 19, 2015 | Advocacy, Non-legal submissions
Today, the ICJ made a submission to the Human Rights Council’s Working Group on the Universal Periodic Review in advance of the Human Rights Council’s review of Singapore.
In its submission, the ICJ expressed concern about the following:
(1) corporal punishment;
(2) the death penalty;
(3) the continued criminalization of consensual same-sex relations;
(4) corporate accountability for companies registered in Singapore; and
(5) international human rights instruments and mechanisms.
A copy of the submission can be found here:
Singapore-ICJ UPR-Advocacy-non legal submission-2015-ENG
Jun 9, 2015 | News
The ICJ today organized a diplomatic dialogue, in advance of the Universal Periodic Review (UPR), with ambassadors and high-level diplomatic representatives, to share the state of human rights in Myanmar.
Jun 8, 2015 | News
While the constitution of Pakistan’s first National Commission for Human Rights is welcome, the Commission risks being toothless unless its powers are extended to investigate human rights violations allegedly committed by the security agencies, the ICJ warned today.
The ICJ was informed that members of the National Commission for Human Rights were notified on 20 May 2015, three years after the National Commission for Human Rights Act was passed in June 2012.
“The establishment of a national human rights commission is a much-needed step for the promotion and protection of human rights in Pakistan,” said Sam Zarifi, ICJ’s Asia Director. “But for the new Commission to be able to assist the people of Pakistan, who face tremendous violations of their rights in terms of civil, political, social, economic, and cultural rights, it must be able to address the conduct of the country’s powerful military and security agencies.”
Under the National Commission for Human Rights Act, the Commission’s powers include investigating human rights violations, suo motu or on petition; visiting detention centers to ascertain the legality of the detention of detainees and ensure detainees are treated according to law; reviewing and suggesting amendments to Pakistan’s constitutional and legal framework on human rights; making recommendations for the effective implementation of international human rights treaties; and developing a national plan of action for the promotion and protection of human rights.
The law provides that while inquiring into complaints under the Act, the Commission shall have all powers of a civil court, including summoning and ensuring attendance of witnesses, receiving evidence on affidavits; and discovery and production of documents.
However, the Commission’s mandate is very limited where the armed forces or security agencies are accused of committing human rights violations, the ICJ says.
The law specifically states that “the functions of the Commission do not include inquiring into the act or practice of the intelligence agencies”.
Where the armed forces are accused of human rights violations, the Commission is only authorized to seek a report from the Government and make recommendations.
“The Commission’s restricted mandate over the armed forces, and especially the intelligence agencies, is of grave concern given that Pakistan’s military and intelligence services are accused of perpetrating gross human rights violations, including enforced disappearances, extrajudicial killings, and torture and ill-treatment,” Zarifi said. “A human rights commission that does not have jurisdiction over abuses by these actors risks being toothless and ineffective – and worst, a cover for continuing government inaction in response to these violations.”
“With these exceptions in place, it seems questionable that the Commission will get accreditation by the International Coordinating Committee of NHRIs, which is a requirement for a National Human Rights Institution to be recognized internationally,” he added. “The Pakistani government should ensure that the Commission complies with international standards so it can help protect and promote the rights of all people in Pakistan.”
Additional Information:
Justice (r) Ali Nawaz Chohan was appointed as the Chairperson of the Commission. Other members include one representative from each province; one representative each from the Islamabad Capital Territory and the Federally Administered Tribal Areas; the Chairperson of the National Commission on the Status of Women; and a member belonging from a religious minority community.
The UN Principles relating to the Status of National Institutions (Paris Principles) provide the minimum standards required by national human rights institutions to be considered credible and effective, and get accreditation by the International Coordinating Committee of NHRIs. Section 3 (a) (ii) of the Paris Principles states that a NHRI should have the power to hear a matter without higher referral over “any situation of violation of human rights which it decides to take up”.
Section 4 of the National Commission on Human Rights Act, 2012, provides the following procedure for appointment of members of the Commission: the Federal Government invites nominations for commissioners through public notice; the Prime Minister and Leader of the Opposition scrutinize the nominations; and the Prime Minister and Leader of the Opposition forward three names for each member of the commission to a parliamentary committee for confirmation. The law provides that the parliamentary committee would comprise of two members of the National Assembly (lower house) and two members of the Senate (upper house) –with two members each from the government and two from the opposition.
Contact:
Sam Zarifi, ICJ Asia Pacific Regional Director (Bangkok), t: +66 807819002; e: sam.zarifi(a)icj.org
Reema Omer, ICJ International Legal Adviser for South Asia (London), t: +44 7889565691; e: reema.omer(a)icj.org
Jun 1, 2015 | News
The ICJ conducted a two-day workshop on “Business and Human Rights” in Kyauk Phyu, Rakhine State on 30-31 May. The event was attended by 40 participants representing civil society organizations in Sittwe, Kyauk Phyu, Ann and Ponna Kyaunn.
It also included members from the township and district courts, township police force and members of parliament, focused on investment in Rakhine state in the absence of credible and transparent mechanisms to prevent human rights abuses.
The workshop occurred against the backdrop of myriad longstanding human rights issues in Rakhine State, including the humanitarian crisis confronting the state’s Rohingya population.
The State has also witnessed ongoing government repression of the State’s ethnic Rakhine population in response to demands for autonomy and their opposition to unregulated development of the State’s ample natural resources, including extensive gas deposits, at the expense of their livelihoods and rights.
The development of gas fields in the State has been fraught with human rights violations, including of forced labour and forced eviction of thousands of farmers from their lands.
As discussed during the workshop, since Myanmar’s relative opening up, the government has continued to invite and approve of foreign investors to develop resource extraction projects in Rakhine State, while locals resist the potential harmful effects of such projects on their livelihoods, properties and environment.
In 2013, hundreds of villagers protested against the adverse impacts of the Shwe gas pipeline construction – a large scale natural gas project developed by Daewoo International of South Korea in a joint venture with Myanmar Oil and Gas Enterprise.
Daewoo has once again ventured into Rakhine State, proposing a coal power plant in Kyaukphyu township, that could have adverse effects on the economic and environmental landscapes in local communities.
During ICJ’s previous trips to Sittwe and Kyaukphyu, local civil society activists had asked for information on responsible investment and national and international standards relating to displacement, land confiscations, and environmental and social impact assessments.
In the first day of the workshop, U Kyaw Min San, ICJ’S National Legal Adviser, led the discussion on fundamental citizen rights guaranteed in Myanmar legislation as well as an analysis of the land laws in Myanmar.
Daniel Aguirre, ICJ’s International Legal Adviser, gave an overview of international human rights law and the role of States and business corporations in protecting and respecting economic, social and cultural rights.
Vani Sathisan, ICJ’s International Legal Adviser, provided a legal analysis of Myanmar’s law on Special Economic Zones (SEZ), highlighting how the law fails to guarantee the protection of human rights and the environment while providing tax reliefs and exemptions, as well as land leases, to win over investors and developers.
On the second day, Daw Tin Tin Wai, Private Sector Policy Officer from Oxfam GB and a Campaign Officer from EarthRights International shared their experiences from Dawei SEZ and Thilawa SEZ, respectively.
They shared that lack of consultations with local communities and large-scale land confiscations through intimidation and threats occurring in the two SEZs reflected flaws in the government and judiciary to protect human rights and provide for access to remedy.
The workshop included a group discussion among the participants focusing on the role of local and international non-governmental organizations in Kyauk Phyu, Ponna Kyunn and Sittwe, the current situation of Kyauk Phyu SEZ and Ponna Kyunn industry zone and land issues related to such development projects.
Hayman Oo, ICJ’s Legal Researcher, facilitated the discussion, which served to highlight the specific themes around which the CSOs were organizing their advocacy and research.
At the closing dinner, U Kyaw Min San extended the ICJ’s appreciation to all the local CSOs for their participation and active engagement, and reiterated the ICJ’s support to work with community-driven organizations to work on recommendations to the government and businesses on transparency, prior consent and consultation, and compensations, and to push for a more rights-compliant approach to investments in Kyaukphyu.
