Mar 27, 2018 | Advocacy, News
Today, the ICJ testified before the Canadian House of Commons Subcommittee on International Human Rights on the human rights and rule of law crisis in Cambodia.
Kingsley Abbott, ICJ Senior International Legal Adviser, addressed the Subcommittee on two key issues:
- The misuse of the law in Cambodia under the pretext of the “Rule of Law”; and
- The lack of an independent and impartial judiciary.
Other witnesses were former members of the Cambodian Parliament for the main opposition party, the CNRP, before its dissolution in November 2017, Mu Sochua and Kong Sophea.
Kingsley Abbott also requested that the ICJ’s October 2017 Baseline Study on the state of the rule of law and human rights in Cambodia be added to the record.
Contact:
Kingsley Abbott, ICJ Senior International Legal Adviser for Southeast Asia, e: kingsley.abbott(a)icj.org
Thailand-SDIR-Statement-ABBOTT-Advocacy-2018-ENG (Full opening statement ENG, PDF)
Mar 23, 2018 | Advocacy, Non-legal submissions
The ICJ today joined other NGOs in an end-of-session statement, reflecting on the 37th ordinary session of the UN Human Rights Council.
The statement was delivered by the International Service for Human Rights (ISHR) on behalf of:
- The East and Horn of Africa Human Rights Defenders Project (DefendDefenders)
- The Global Initiative for Economic, Social & Cultural Rights
- CIVICUS
- International Commission of Jurists
- International Federation for Human Rights Leagues
- Conectas Direitos Humanos
- Human Rights House Foundation
- Amnesty International
- International Lesbian and Gay Association
- Human Rights Watch
- Asian Forum for Human Rights and Development (FORUM-ASIA).
The statement read as follows (text in italics was not read aloud for lack of time):
“Our organisations welcome the adoption of the resolution on the promotion and protection of human rights and the implementation of the 2030 Agenda for Sustainable Development, particularly in reaffirming that all approaches to development must comply with the State’s international human rights obligations.
We agree that “cooperation and dialogue” are important for the promotion and protection of human rights, and that States should fully cooperate with the Council and its mechanisms, and ensure that all stakeholders are able to cooperate and engage with them without fear of reprisals.
However, we must now be vigilant to ensure that the resolution on Mutually Beneficial Cooperation, lacking in balance, does not undermine other important parts of the Council’s mandate: to address human rights violations and respond promptly to human rights emergencies in specific countries.
The Council has failed to take meaningful action to address the alarming situation on the ground in Cambodia. We welcome and echo the joint statement on Cambodia by over 40 states calling for further action if the situation does not improve in the lead up to the elections and for a briefing by the High Commissioner before the next Council session. We are concerned by Cambodia’s attempt to shut down criticism under item 10 debate on the worsening human rights situation in the country, as they are doing domestically.
We are disappointed by the weak outcome on Libya. Given the gravity of the human rights situation on the ground and the lack of accountability for crimes under international law, the Council cannot justify the lack of a dedicated monitoring and reporting mechanism.
We welcome the co-sponsorship of the Myanmar resolution by groups of States from all regions, making a joint commitment to address the continuing human rights violations and crimes against humanity in the country and support for the Special Rapporteur and Fact-Finding Mission to fulfil its mandate to establish truth and ensure accountability for perpetrators.
We also welcome the renewal of the mandate of the Commission on Human Rights in South Sudan allowing it to continue its vital investigations and identification of perpetrators. These developments acknowledge the importance of accountability for serious human rights violations and crimes under international law, which cannot be understated.
We welcome the adoption of the resolution on drugs and human rights as the OHCHR report will provide human rights indicators related to the drug issue that would help in future policies.
We welcome the resolution on Eastern Ghouta adopted after an urgent debate, demonstrating how this Council can respond in an agile manner to crises.
Having long supported the resolution on “protection of human rights while countering terrorism”, we appreciate the efforts that led to the end of the separate and deeply flawed initiative on “effects of terrorism on the enjoyment of human rights“. Future versions of the resolution must address the relevant issues exclusively and comprehensively from the perspective of the effective protection of human rights.
We welcome the Dutch-led joint statement on strengthening the Council, emphasising the importance of substantive civil society participation in any initiative or process and that the Council must be accessible, effective and protective for human rights defenders and rights holders on the ground.
Finally, we call on the Bureau co-facilitators on improving the efficiency and strengthening the Council to closely engage with all Members and Observers of the Council, human rights defenders and civil society organisations not based in Geneva.”
Mar 22, 2018 | Advocacy, Non-legal submissions
The ICJ today highlighted misuses of the law and legal system in Cambodia, in violation of human rights, and called for action by States and international and regional organisations, as well as the Government of Cambodia.
The statement was delivered during a general debate at the UN Human Rights Council, responding to concerns expressed earlier in the session by the UN High Commissioner for Human Rights and in the report of the UN Secretary General. It read as follows:
“The Cambodian Government continues to misuse the law to clamp down on the political opposition, on civil society and on ordinary individuals under the guise of the ‘rule of law’.
In November 2017, the Supreme Court dissolved the main opposition political party and banned 118 of its members from political activity after a politicized hearing in which the President of the Court was himself a high-ranking member of the ruling party.
The main opposition leader, Kem Sokha, remains in detention, under investigation for treason.
A recent Constitutional amendment imposes a broad ‘duty’ on individuals and associations to “uphold the national interest”. A new lèse-majesté law is inconsistent with freedom of expression.
Individuals continue to flee the country in fear for having exercised their fundamental freedoms.
In February, Sam Sokha, a UNHCR-recognized refugee, was deported from Thailand to Cambodia after she was convicted in her absence by a Cambodian court, for throwing a shoe at a ruling party billboard.
With national elections scheduled for July 2018, the Government’s trend of weaponizing the law against its people only seems set to harden.
States, international and regional organisations, and other international actors must heighten efforts to address the rule of law and human rights crisis in Cambodia.”
Video of the statement is available here:
Numerous statements expressing similar concerns about the situation in Cambodia followed by other NGOs. Some of them were interrupted by Cambodia on “points of order” and prevented from fully presenting their criticisms despite their alloted time remaining. The ICJ does not consider that the objections raised by Cambodia were valid and that the speakers should have been able to receive the full allotted time to complete their statements. Video of a final statement by the delegation of Cambodia is available below:
The ICJ statement today follows an earlier joint statement delivered yesterday by New Zealand on behalf of a group of 45 states, which is available to download in PDF format here (NZJointStatementCambodiaHRC37-2018) and to view by video here:
Mar 14, 2018 | News
On 12 and 13 March 2018, the ICJ participated in and presented at a workshop for Cambodian civil society on the Universal Periodic Review (UPR).
The workshop was organized by the Cambodian Center for Human Rights (CCHR), UPR Info and the Cambodia Country Office of the United Nations Office of the High Commissioner for Human Rights (OHCHR).
This workshop aimed to prepare participants ahead of the deadline for civil society submissions to the UPR in July 2018.
The Royal Government of Cambodia (RGC) will undergo the third cycle of its UPR in January 2019.
The objectives of the workshop were to:
- 1. Introduce the UPR to newcomers, identifying where the UPR fits within the UN’s human rights framework and demonstrating how civil society organizations (CSOs) can utilize the UPR to further their human rights objectives;
- 2. Share experiences of national stakeholders in the UPR process and discuss developments since the second cycle and priorities for the third cycle;
- 3. Learn from the experiences of CSOs in the region on developing UPR CSO submissions;
- 4. Provide technical training regarding the drafting of UPR CSO submissions;
- 5. Establish thematic groups to begin developing joint submissions and establish a timeline for the drafting process.
On 12 March 2018, Kingsley Abbott, Senior International Legal Adviser for Southeast Asia for the ICJ, delivered a presentation on submissions drafting and advocacy techniques for the UPR and also spoke about the experiences of CSOs in Thailand in developing UPR CSO submissions.
Contact
Kingsley Abbott, ICJ Senior International Legal Adviser for Southeast Asia, e: kingsley.abbott(a)icj.org
Feb 27, 2018 | Events, News
The ICJ, in collaboration with the UN High Commissioner for Human Rights Regional Office for South-East Asia (OHCHR), and the Centre for Civil and Political Rights, organised a workshop for lawyers from southeast Asia, on engaging with UN human rights mechanisms.
The two-day workshop provided some thirty lawyers from Thailand, Cambodia, Vietnam, and Lao PDR with knowledge, practical skills and expert advice about UN human rights mechanisms, with the participants themselves sharing their own experiences and expertise.
In addition to explaining what the UN mechanisms are and how they work, the workshop discussed how lawyers can use the outputs of UN human rights mechanisms in their professional activities, as well as how to communicate with and participate in UN human rights mechanisms in order to ensure good cooperation and to best serve the interests of their clients.
Sessions were introduced by presentations by the ICJ’s Main Representative to the United Nations in Geneva and OHCHR officials, followed by discussions and practical exercises in which all participants were encouraged to contribute questions and their own observations.
A special discussion of effective engagement of lawyers with Treaty Bodies was led by Professor Yuval Shany, a member of the Human Rights Committee established to interpret and apply the International Covenant on Civil and Political Rights (ICCPR).
The workshop also aimed to encourage the building of relationships and networks between the lawyers from across the region.
The workshop forms part of a broader project of awareness-raising and capacity-building for lawyers from the region, about UN mechanisms.
A similar workshop was held in January 2017 for lawyers from Myanmar.
The project has also published (unofficial) translations of key UN publications into relevant languages, and is hosting lawyers in a mentorship programme in Geneva.
More details are available by contacting UN Representative Matt Pollard (matt.pollard(a)icj.org) or by clicking here: https://www.icj.org/accesstojusticeunmechanisms/
