Dec 2, 2018 | Events, News
On 1-2 December 2018, the International Commission of Jurists (ICJ) held its 2018 Southeast Asia Regional Judicial Dialogue on enhancing access to justice for women in the region.
Participants included judges from Cambodia, Indonesia, Nepal, Pakistan, Philippines, Sri Lanka and Thailand.
The discussions, held in Bangkok, were focused around resources important for judges to aid in enhancing the capacity of their peers in eliminating gender discriminatory attitudes and behaviours towards women in their work. These resources include a training manual on the use of the Bangkok General Guidance for Judges in Applying a Gender Perspective, and a draft reference manual on women’s human rights and the right to a clean, healthy, safe and sustainable environment.
Frederick Rawski, ICJ’s Director of the Asia and the Pacific Programme, opened the dialogue by emphasizing how important it is for judges to be gender sensitive in their delivery of justice. This could only be done by applying a framework that gives primary attention on ensuring recognition of the applicable human rights, institutional support for the promotion of these rights, and accountability mechanisms for their implementation.
Roberta Clarke, Commissioner of the ICJ and Chair of the organization’s Executive Committee, noted that this judicial dialogue demonstrates the ICJ’s commitment to have a sustainable contribution to the implementation of international human rights standards at the domestic level. She hoped that the judges could contextualize the resources presented and bring these back to their countries for trainings of their peers.
This judicial dialogue is part of a joint project on access to justice for women that ICJ is implementing with UN Women.
Anna Karin Jatfors, UN Women-Asia Pacific’s Interim Regional Director shared that gender stereotypes and social norms which discriminate women are not unique in each country. She pointed out the importance of the ICJ and UN Women collaborating in this project to deconstruct this image to bring better access to justice to women in the region.
Overall, the dialogue was rich and substantive, with the full and active participation from all participating judges who shared their views and experiences on countering gender discrimination in cases before them. At the end of the judicial dialogue, the participating judges expressed strong interest to use the resources for capacity building initiatives of their peers in their own countries.
Contact
Emerlynne Gil, Senior International Legal Adviser, t: +662 619 8477 (ext. 206), email: Emelynne.gil(a)icj.org
Sep 28, 2018 | Advocacy, Non-legal submissions
The ICJ joined other civil society organisations in addressing the UN Human Rights Council, on the successes and failures of its 39th session, concluding today.
The statement, read by International Service for Human Rights (ISHR), was as follows:
“This session, the Council adopted landmark resolutions on several country situations, further enhancing its contribution to the protection of human rights.
On Myanmar, we welcome the creation of the independent investigative mechanism, which is an important step towards accountability for the horrific crimes committed in Myanmar, as elaborated in the FFM’s report to this session. The overwhelming support for the resolution, notwithstanding China’s shameful blocking of consensus, was a clear message to victims and survivors that the international community stands with them in their fight for justice.
On Yemen, the Council demonstrated that principled action is possible, and has sent a strong message to victims of human rights violations in Yemen that accountability is a priority for the international community, by voting in favour of renewing the mandate of the Group of Eminent Experts to continue international investigations into violations committed by all parties to the conflict.
Furthermore, we welcome the leadership by a group of States on the landmark resolution on Venezuela, and consider it as an important step for the Council applying objective criteria to address country situations that warrant its attention. The resolution, adopted with support from all UN regions, sends a strong message of support to the Venezuelan people. By opening up a space for dialogue at the Council, the resolution brings scrutiny to the tragic human rights and humanitarian crisis unfolding in the country.
While we welcome the renewal of the mandate of the Commission of Inquiry (CoI) on Burundi, to continue its critical investigation and work towards accountability, however we regret that the Council failed to respond more strongly to Burundi’s record of non-cooperation and attacks against the UN human rights system.
We also welcome the Council’s adoption of the resolution on Syria, which among other things condemns all violations and abuses of international human rights law and all violations of international humanitarian law committed by all parties to the conflict.
However, on other country situations including China, Sudan, Cambodia and the Philippines, the Council failed to take appropriate action.
On Sudan, we are deeply concerned about the weak resolution that envisions an end to the Independent Expert’s mandate once an OHCHR office is set up; a “deal” Sudan has already indicated it does not feel bound by, and which is an abdication of the Council’s responsibility to human rights victims in Sudan while grave violations are ongoing. At a minimum, States should ensure the planned country office monitors and publicly reports on the human rights situation across Sudan, and that the High Commissioner is mandated to report to the Council on the Office’s findings.
We also regret the lack of concerted Council action on the Philippines, in spite of the need to establish independent international and national investigations into extrajudicial killings in the government’s ‘war on drugs’, and to monitor and respond to the government’s moves toward authoritarianism.
In addition, we regret the Council’s weak response to the deepening human rights and the rule of law crisis in Cambodia, failing to change its approach even when faced with clear findings by the Special Rapporteur demonstrating that the exclusive focus on technical assistance and capacity building in the country is failing.
We share the concerns that many raised during the session, including the High Commissioner, about China’s own human rights record, specifically noting serious violations of the rights of Uyghurs and other predominantly Muslim minorities in Xinjiang province. It is regrettable that States did not make a concrete and collective call for action by China to cease the internment of estimates ranging up to 1 million individuals from these communities.
On thematic resolutions, we welcome the adoption of the resolution on equal participation in political and public affairs but would have preferred a stronger endorsement and implementation of the Guidelines.
The resolution on safety of journalists, adopted by consensus, sets out a clear roadmap of practical actions to end impunity for attacks. Journalism is not a crime – yet too many States in this room simply imprison those that criticize them. This must end, starting with the implementation of this resolution.
We welcome the adoption by consensus of the resolution on preventable maternal mortality and morbidity and human rights in humanitarian settings. Women and girls affected by conflict have been denied accountability for too long. The implementation of this resolution will ensure that their rights, including their sexual and reproductive health and rights, are respected, protected and fulfilled.
Finally, the Council’s first interactive dialogue on reprisals was an important step to ensure accountability for this shameful practice, and we urge more States to have the courage and conviction to stand up for defenders and call out countries that attack and intimidate them.”
Signatories:
- The African Centre for Democracy and Human Rights Studies (ACDHRS)
- Amnesty International
- Article 19
- Center for Reproductive Rights
- CIVICUS
- DefendDefenders
- FIDH
- Forum Asia
- Human Rights House Foundation (HRHF)
- Human Rights Watch
- International Commission of Jurists
- International Service for Human Rights (ISHR)
Sep 26, 2018 | Advocacy, Non-legal submissions
The ICJ today highlighted the steep decline for human rights and the rule of law in Cambodia, at the UN Human Rights Council in Geneva.
The statement, made during an interactive dialogue with the Special Rapporteur on the situation of human rights in Cambodia, read as follows:
“Mr President,
The findings reported by the Special Rapporteur on the situation of human rights in Cambodia (A/HRC/39/73; A/HRC/39/73/Add.1), detailing the steep decline for human rights and rule of law in Cambodia prior to and during the 2018 national elections, demonstrate the utter inadequacy of the Human Rights Council’s current focus on technical assistance and capacity-building in Cambodia.
The elections, neither free nor fair, resulted in the ruling party winning all seats in the National Assembly. Post-election, the Government continues to misuse laws to violate rights and harass journalists, human rights defenders, political opposition members and ordinary individuals, as evidenced by the following updates to cases highlighted by the Special Rapporteur.
Unjustified espionage charges hang over two journalists, who spent eight months in detention before being released pending trial.[1] A filmmaker, sentenced to imprisonment for alleged espionage after flying a drone over an opposition rally, was only released by royal pardon after more than a year in jail.
Days after release from two years in jail for conducting a peaceful protest, a land rights activist was handed a six-month suspended sentence for a politically-motivated charge from 2012.[2] Following his release after 18 months in prison for alleged defamation and incitement offences, a political commentator fled Cambodia when fresh politically-motivated charges were mounted against him.[3]
Treason charges remain active against Kem Sokha, leader of the now-dissolved main opposition party, now under house arrest.[4]
A barber and a school principal remain imprisoned for allegedly sharing information online in breach of a lese-majeste law.[5] A woman remains imprisoned for alleged insult and incitement offences for throwing a shoe at a ruling party billboard.[6]
Today, four senior staff from a prominent civil society organization and a National Election Committee official were convicted under politically-motivated charges and handed five-year suspended imprisonment sentences.[7]
Madam Special Rapporteur, what approach should the Council, governments and civil society take to ensure human rights and the rule of law in Cambodia, given that technical assistance and capacity-building alone seem clearly not to be having the necessary effect?
Thank you.”
[1] A/HRC/39/73/Add.1, para 42.
[2] A/HRC/39/73, para 13.
[3] A/HRC/39/73/Add.1, para 35.
[4] A/HRC/39/73/Add.1, paras 18 and 19.
[5] A/HRC/39/73/Add.1, para 46.
[6] A/HRC/39/73/Add.1, para 30.
[7] A/HRC/39/73, para 13; A/HRC/73/Add.1, para 35
Jul 26, 2018 | News, Op-eds
An opinion piece by Kingsley Abbott, ICJ Senior Legal Adviser in Bangkok, Thailand.
Over recent decades, international observers have tended to view the human rights and political situation in Cambodia as a series of predictable cycles that does not warrant too much alarm.
The conventional wisdom has been that Prime Minister Hun Sen and his government routinely tightens their grip on the political opposition and civil society in advance of elections before relaxing it again after victory has been secured.
But that analysis is no longer valid.
The reason is simple: During the course of ensuring it will win the national election scheduled for this Sunday (29 July), Hun Sen’s ruling Cambodian People’s Party (CPP) has, since the last election, systematically altered the country’s constitutional and legal framework – and these changes will remain in place after the election has passed.
Through the passage of a slew of new laws and legal amendments inconsistent with Cambodia’s obligations under international law, and the frequent implementation of the law to violate human rights, the legal system has been weaponized to overwhelm and defeat the real and perceived opponents of the CPP, including the political opposition, the media, civil society, human rights defenders and ordinary citizens.
This misuse of the law is a significant development in the history of modern Cambodia and represents a determined move away from the vision enshrined in the historic 1991 Paris Peace Agreements that ended years of conflict and sought to establish a peaceful and democratic Cambodia founded on respect for human rights and the rule of law.
And it risks cementing the human rights and rule of law crisis that now exists within Cambodia for years to come.
To facilitate the closure of civil society space, and contrary to international law and standards, in 2015 the Law on Associations and Non-Governmental Organizations (LANGO) was passed, which requires the mandatory registration of all NGOs and Associations, provides the government with arbitrary powers to deny or revoke registration, and places a vaguely worded duty on NGOs and associations to “maintain their neutrality towards political parties”.
The biggest blow to the political opposition has been the amendment last year of the Law on Political Parties (1997), amended twice within four months, which empowers the Supreme Court to dissolve parties, and four election laws, which permits the redistribution of a dissolved party’s seats in the country’s senate, national assembly, and commune and district councils.
Last November, the Supreme Court, presided over by a high-ranking member of the CPP, used the amended Law on Political Parties to dissolve the main opposition party, the Cambodia National Rescue Party (CNRP), which had received just under 44% of the vote – or about 3 million votes – in communal elections held in June 2017.
After the CNRP’s dissolution, the amended election laws were then used to redistribute CNRP seats at every level of government, from the commune to the senate, to the CPP and minor parties.
To silence the media, the country’s media and taxation laws have been invoked – local radio stations have been ordered to stop broadcasting Radio Free Asia and Voice of America “in order to uphold the law on media” and the independent Cambodia Daily was forced to close after being presented with a disputed US $6.3 million tax bill which the Daily claimed was “politically motivated” and not accompanied by a proper audit or good faith negotiations.
To curb the exercise of freedom of expression, the Constitution has received vaguely worded amendments placing an obligation on Cambodian citizens to “primarily uphold the national interest” while prohibiting them from “conducting any activities which either directly or indirectly affect the interests of the Kingdom of Cambodia and of Khmer Citizens”.
Meanwhile individual journalists, members of the political opposition including the CNRP’s leader, Kem Sokha, human rights defenders and an Australian documentary filmmaker have been charged with any number of a kaleidoscope of crimes ranging from intentional violence and criminal defamation to treason and espionage.
And Cambodia lacks an independent and impartial judiciary.
In 2014, three “judicial reform laws” were passed which institutionalized the prosecution and judiciary’s lack of independence from the executive.
At the same time, the government perversely uses the doctrine of the “rule of law” to justify its actions.
Just hours after the Supreme Court dissolved the CNRP, Hun Sen announced that the decision was made “in accordance with the rule of law.”
When members of the diplomatic community and senior UN officials meet government officials to express concern at the increasing misuse of the law they receive an absurdist legal lecture on the “importance of the rule of law”.
What is happening in Cambodia is the opposite of that.
The International Commission of Jurists, UN authorities and others have been defining the rule of law since the Universal Declaration of Human Rights was pronounced in 1948.
All agree that that the rule of law entails passing and implementing laws consistent with a country’s international human rights obligations.
It is time for the international community to recognize that a frank and fresh analysis of the situation in Cambodia is urgently required which acknowledges the way the country’s underlying legal and constitutional framework has been deliberately altered, and the way in which this will impact the country adversely long past this month’s election.
This acknowledgment must be accompanied by a coherent and, where possible, joint, plan of action that clearly sets out, with a timeline, what is required to bring Cambodia back on track with the agreed terms of the Paris Peace Agreements – including necessary legal and justice sector reforms – and the political and economic consequences for not doing so.
As long as Hun Sen’s Government deploys increasingly sophisticated justifications for its repressive actions, a more refined, multilayered and vigorous response from the international community is required – grounded on a proper application of the rule of law and Cambodia’s international human rights obligations.
Jul 26, 2018 | News
From 24 to 26 July 2018, the ICJ co-hosted a workshop for authorities from Thailand, Cambodia, and Myanmar.
The theme of the workshop was on conducting investigations of potentially unlawful deaths and enforced disappearance in accordance with international human rights law and standards.
The workshop was co-hosted with Thailand’s Ministry of Justice, the United Nations Office of the High Commissioner for Human Rights (OHCHR) and the New Zealand Embassy in Bangkok.
The participants included 25 criminal investigators, public prosecutors and representatives of the Cambodian Ministry of Justice and the Thai Ministry of Justice.
The event commenced with opening remarks by James Andersen, Deputy Head of Mission, Embassy of New Zealand in Bangkok; Aim-orn Siangyai, Deputy Director General of Thailand’s Rights and Liberties Protection Department, Ministry of Justice; Frederick Rawski, Asia Pacific Regional Director, ICJ; and Shivani Verma, Human Rights Officer, OHCHR Regional Office for South-East Asia.
Kingsley Abbott, Senior Legal Adviser at the ICJ, gave a summary of the international human rights legal framework that applies to the investigation of unlawful deaths and enforced disappearance.
He then provided an outline of the revised Minnesota Protocol on the Investigation of Potentially Unlawful Death (2016), which was launched in Thailand on 25 May 2017 and which formed the core of the materials used at the workshop.
Other speakers included Glenn Williams, Detective Inspector, Field Crime Manager, New Zealand Police National Headquarters, who addressed the investigation process including crime scene management; Sean Buckley, International Investigator, who addressed witness interviews; Shivani Verma of the Office of the High Commissioner for Human Rights who addressed Witness Protection; and Dr. Pornthip Rojanasunan, Adviser of Thailand’s Central Institute of Forensic Science (CIFS), who addressed the issue of forensic pathology.
This workshop followed three workshops the ICJ co-hosted between 5 to 8 December 2017 and 30 May to 1 June 2018 in Thailand on the investigation of potentially unlawful deaths and enforced disappearance for lawyers from Thailand and India, academics and State authorities from Thailand, Cambodia, Myanmar and Nepal.
Contact
Kingsley Abbott, Senior International Legal Adviser, ICJ Asia Pacific Regional Office, t: +66 94 470 1345, e: kingsley.abbott(a)icj.org
