Jul 4, 2018 | Advocacy, Non-legal submissions
The ICJ today urged accountability for and the need to address the root causes of violations of human rights of Rohingya people in Myanmar, at the UN in Geneva.
The statement was made in an interactive dialogue with the UN High Commissioner for Human Rights, on his oral update on the situation, at the Human Rights Council.
The statement read as follows:
“The Government of Myanmar is duty-bound to investigate, prosecute and punish perpetrators of human rights violations. Yet impunity at domestic level necessitates international action: to secure criminal accountability, to provide redress and to deter repetition of crimes under international law.
In May, the government announced a new inquiry into rights violations in Rakhine State. Its mandate, composition and legal framework remain unclear – and there is no indication this will be more effective than previous national inquiries – which have not shed light on the facts, have rarely led to prosecutions and have failed to provide redress.
Justice cannot be further delayed. The International Commission of Jurists supports calls for establishing an international accountability mechanism.
It is also imperative to address the laws and practices discriminating against Rohingyas and other minorities, particularly the 1982 Citizenship Law, as recommended by the government’s Rakhine Advisory Commission.
As a UN Member State, Myanmar must fully cooperate with all UN organs. This includes allowing access to the Special Rapporteur, and permitting the UN Human Rights Office to establish in the country with a full mandate.
Quiet diplomacy and downplaying human rights concerns have failed to improve the situation for Rohingyas. UN organs and envoys present in Myanmar must engage in frank and direct dialogue with the Government about ongoing human rights violations – consistent with the UN Charter and the Human Rights Up Front initiative.
Human rights violations are the root cause of this humanitarian crisis. There can be no voluntary and sustainable return of Rohingya refugees without addressing the sources of human rights violations.
Thank you.”
Jul 4, 2018 | News
The ICJ held a workshop in Mawlamyine on 3 July attended by religious leaders and youth activists from southern Mon State in Myanmar’s southeast.
The workshop aimed to facilitate discussion on strategic litigation options for communities adversely affected by existing and proposed investment projects.
The ICJ and civil society organizations have extensively documented how human rights abuses continue to occur in the context of business activities in Myanmar.
Communities generally have limited understanding of their rights, while government actors and businesses regularly flout their legal obligations.
The ICJ’s international legal adviser Sean Bain first set out applicable international standards, with a focus on the UN Guiding Principles on Business and Human Rights.
He identified Myanmar’s nascent legal framework for environmental protection as a key area of law with potential to deter rights abuses. He noted that while in December 2015 the Government of Myanmar issued the Environmental Impact Assessment Procedure, its provisions are rarely followed or enforced in practice.
Workshop participants, from two different areas of Mon State, shared experiences of community mobilization and ideas on how to use law to protect human rights.
Presentation on Corporate Social Responsibility
Prior to this workshop, also in Mawlamyine, on 29 June the ICJ’s legal adviser presented on Corporate Social Responsibility (CSR) at invitation of the national assembly of MATA, the Myanmar Alliance for Transparency and Accountability.
Introduced to Myanmar only in recent years, CSR activities are increasingly invoked by foreign and local companies as evidence of responsible investment.
But in reality, many companies doing CSR have been and continue to be involved in unlawful business activities, sometimes constituting human rights abuses.
Participants from different areas of Myanmar shared stories of businesses using CSR activities in a non-transparent way without accountability.
Cases were described where CSR has allegedly been associated with corruption, undermining trust and cohesion in communities affected by large investment projects.
The presentation from ICJ pointed out that while CSR activities are voluntary and without a specific legal framework, all businesses are subject to national law and should respect human rights in accordance with international law and standards, including the UN Guiding Principles.
Lawful conduct that respects human rights lies at the core of any responsible business, and CSR activities do not change these obligations.
These activities in Mon State are part of the ICJ’s ongoing support to civil society actors in Myanmar, from community-level up to national level actors.
Jun 1, 2018 | Events, News
Between 30 May and 1 June 2018, the ICJ co-hosted a workshop for authorities from Thailand, Cambodia, Myanmar and Nepal on the investigation 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 and the United Nations Office of the High Commissioner for Human Rights (OHCHR) and took place as part of the ICJ’s Global Redress and Accountability Initiative, which has as one of its core objectives, “increasing the knowledge and capacity of lawyers, prosecutors and investigators to deal with challenges of impunity and access to redress.”
The participants included more than 30 criminal investigators, forensic doctors, forensic scientists, prosecutors, police trainers, senior judges and representatives of the Cambodian Ministry of Justice, the Myanmar Attorney General’s Office, the Thai Ministry of Justice and the Nepal Office of the Attorney General.
The event commenced with opening remarks by the Ambassador of Finland, Ms. Satu Suikkari-Kleven; the Ambassador of Germany, Mr. Peter Prügel; Adviser on the Promotion of the Rights and Freedom from Thailand’s Ministry of Justice, Mr. Pitaya Jinawat; and the Asia Director of the ICJ, Frederick Rawski.
Alex Conte, Senior Law and Policy Advisor, ICJ Global Redress and Accountability Initiative, gave an overview of the international human rights legal framework that applies to the investigation of unlawful deaths and enforced disappearance.
Kingsley Abbott, Senior Legal Adviser at the ICJ, then provided an overview 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 Ms. Jennifer Prestholdt, Deputy Director, the Advocates for Human Rights, who presented on the Rights of Victims and Families and witness interviews; Mr. Glenn Williams, Detective Inspector, Field Crime Manager, New Zealand Police National Headquarters, who presented on the investigation process including crime scene management;
Ms. Shivani Verma and Ms. Pratubjit Neelapaijit, of the Office of the High Commissioner for Human Rights who presented on Witness Protection; and Dr. Pornthip Rojanasunan, Adviser, Central Institute of Forensic Science (CIFS)/Member of the Advisory Panel who presented on forensic pathology.
This workshop followed two workshops the ICJ co-hosted between 5 to 8 December 2017 in Thailand on the investigation of potentially unlawful deaths and enforced disappearance for lawyers from Thailand and India, academics and the Thai authorities.
Contact
Alex Conte, ICJ Global Redress and Accountability Initiative, t: +41 79 957 2733; e: alex.conte(a)icj.org
Kingsley Abbott, Senior International Legal Adviser, ICJ Asia Pacific Regional Office, t: +66 94 470 1345, e: kingsley.abbott(a)icj.org
Apr 9, 2018 | News
Prior to this workshop, on 6 April the ICJ met with the Mon State High Court, including its Chief Justice.
Legal advisers from the ICJ had a constructive discussion with the justices about judicial reform in Myanmar, including the role of lawyers and civil society, as well as jurists, in advancing accountability and access to justice.
The two-day workshop aimed to identify challenges and opportunities for human rights advocacy using law, and to encourage the building of relationships and networks between lawyers and civil society.
The workshop considered strategic litigation concepts and case studies in the region. It also discussed the landscape of rule of law and justice in Myanmar, particularly the experiences regarding access to justice of some sixty participants from Mon State.
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.”
