Jun 29, 2016 | Advocacy, Non-legal submissions
The ICJ, joined by FIDH, Franciscans International, and IMADR, today delivered a statement to the UN Human Rights Council.
The statement was on the situation of Rohingya Muslims in Myanmar, and on the need for active participation by international judges in the judicial mechanism to be adopted in Sri Lanka as part of the process of accountability and reconciliation.
The organizations stated, during general debate on an oral update on Sri Lanka from the High Commissioner for Human Rights, and the Commissioner’s report on the situation of Rohingya in Myanmar, that:
The Government of Myanmar has persecuted the Rohingya, refused to extend basic citizenship rights, and Parliament passed legislation entrenching discrimination such as the Race and Religion Protection laws. This has displaced thousands within Rakhine State and driven the Rohingya to sea and neighbouring countries. The ICJ, FIDH, Franciscans International and IMADR call on Myanmar:
- to repeal the 1982 Citizenship Law or amend it in accordance with the recommendations of the Special Rapporteur, to grant Rohingya full citizenship and accompanying rights;
- to develop a citizenship plan based on non-discrimination;
- to reject the Rakhine State Action Plan in its current form;
- to repeal laws that discriminate against ethnic and religious minorities;
- to diligently prosecute all acts of violence fuelled by discrimination, and hate speech that incites discrimination, hostility or violence; and
- to improve basic living conditions for the Rohingya and Arakanese in Rakhine State by enhancing protection of their economic, social, and cultural rights.
We welcome recent initiatives by the Government of Sri Lanka towards implementing Resolution 30/1, including the establishment of an Office of Missing Persons, and ratification of the Convention for the Protection of All Persons from Enforced Disappearance.
However, many of the commitments in the resolution remain unfulfilled. The other three transitional justice mechanisms envisioned by the resolution – an office of reparation, a truth-seeking commission, and a judicial mechanism – are yet to be established.
We call on Sri Lanka to implement, without delay, all elements of Resolution 30/1, including particularly the establishment of a credible judicial mechanism with full participation of international judges, prosecutors and lawyers. We agree that international participation is “a necessary guarantee for the independence and impartiality of the process in the eyes of the victims” (High Commissioner’s Oral Update, A/HRC/32/CRP.4, paragraph 32).
Rapid progress on this and other key elements of the resolution is essential to the credibility of the overall process of transition in Sri Lanka.
The statement can be downloaded in full, in PDF format, here: HRC32-OralStatement-SriLankaMyanmar-2016
Jun 21, 2016 | News
The ICJ urged the diplomatic community in Myanmar to assist, and assess, the new government’s efforts to improve the protection and promotion of human rights in the country at a diplomatic dialogue today.
The ICJ shared its 14 General Recommendations to the new Government and Parliament, with ambassadors and high-level diplomatic representatives, and discussed specific, actionable recommendations to the Government to effectively address human rights violations immediately and in the long term and to provide redress to those whose rights have been violated.
Access to justice for victims of human rights violations has been severely curbed in Myanmar during decades of military rule.
Most of the population has been consistently denied access to the courts and effective remedies as a result of unfair and discriminatory laws and poor court decisions.
With an improper regulatory regime for investment and environmental protection, and an ineffective judiciary to enforce laws and provide access to justice, economic development has risked undermining human rights protection and negatively impacting on economic, social and cultural rights.
Vani Sathisan, ICJ’s International Legal Adviser for Myanmar, stated that while the new government is more receptive than its predecessor to international human rights laws and standards, it should urgently establish a clear plan on strengthening rule of law reform and that all legislation must be guided by the principles of non-discrimination, greater accountability, transparency and justice.
Among the key recommendations the ICJ shared are:
- Supporting the committing of resources to the judiciary as well as the Attorney General’s Office to improve the state of legal education, court facilities, and safeguards to prosecutors to undertake investigations independently;
- Pushing for the passage of new land laws in consultation with civil society modeled on international standards and best practices;
- Ensuring that a new investment law conforms to the new land law that protects all forms of land tenure and provides access to justice when human rights occur;
- Seeking more clarity on the Government’s ability to monitor and regulate the conduct of businesses and their impacts on human rights;
- Supporting and strengthening the capacity of the Myanmar National Human Rights Commission to undertake investigations on human rights violations independently and impartially;
- Repealing or amending laws that are abused to violate the right to freedom of expression and opinion; and
- Encouraging the Government to consult and engage more closely with civil society and the international human rights community.
The diplomatic dialogue aimed to provide the international human rights organizations with an opportunity to clarify their various policy guidelines and provide updates to assist the diplomatic community with their multilateral lobbying efforts in Myanmar with the Executive, Legislative and Judiciary, and civil society.
The Embassy of Denmark hosted the event. Members of the diplomatic community included those from the EU, UK, Canada, Denmark, Sweden, Finland, Australia, The Philippines and Bangladesh.
The ICJ was joined in a panel by the Office of the High Commissioner for Human Rights and Human Rights Watch.
May 31, 2016 | News
Myanmar’s Supreme Court engages in 2nd High Level Dialogue with the ICJ on Drafting and Implementing a New Judicial Code of Ethics and Accountability.
The ICJ, the United Nations Development Program and the Office of the Supreme Court of the Union (OSCU) held a High Level Dialogue on “Implementing a Code of Judicial Ethics” in Nay Pyi Taw on 30-31 May 2016.
This dialogue followed a commitment by the OSCU to draft a code and to ensure it is informed by and implemented in accordance with international best practice. The OSCU’s Judicial Ethics Review Committee, Supreme Court and High Court Judges and other senior court administrators participated in the dialogue.
Building on the previous dialogue’s focus on the contents of a code of ethics, the participants and their international counterparts from the ICJ and UNDP discussed international standards for accountability and implementation mechanisms to accompany a code of ethics.
In opening the dialogue, the Honourable Supreme Court Justice of the Union, U Mya Thien explained that the new code reflected international standards and would enhance public trust and promote accountability in the Judiciary.
In his opening remarks, ICJ Commissioner and Justice of the Supreme Court of South Africa, Azhar Cachalia, explained the importance of the code as a basis for legitimacy and independence.
He stressed that the judiciary must become accountable to the public.
“Myanmar has an historic opportunity to make decisions that will shape the judiciary for generations to come,” he said.
During the dialogue, the UNDP’s Elodie Beth outlined research on regional judicial accountability and its lessons for Myanmar.
Sam Zarifi, the ICJ’s Regional Director shared experience and international standards on implementing a code of ethics Zarifi explained that “in order for it to be effective, the Supreme Court must establish mechanisms and institutions to hold judges accountable to the code of ethics.”
All participants agreed that implementing a proper code of ethics would strengthen the accountability and independence of Myanmar’s judiciary.
Both the UNDP and the ICJ congratulated the OSCU for following its Strategic Plan for 2015-2018 and engaging in a dialogue designed to further this process.
Both expressed willingness to continue working with Myanmar’s judiciary on the issues of judicial independence, the rule of law and human rights.
May 15, 2016 | News
The ICJ hosted a workshop on “Sexual Orientation and Gender Identity and International Human Rights Law” in Yangon on 14 and 15 May 2016.
The workshop was the first of its kind in Myanmar to bring together such a varied group of people to discuss the topic of Sexual Orientation and Gender Identity (SOGI) and international human rights law.
The event drew together a diverse group, including more than 50 lawyers from different parts of Myanmar, along with lesbian, gay, transgender, bisexual, inter-sex and queer (LGBTI) activists, members of the Myanmar National Human Rights Commission, and regional academics and lawyers and international experts.
Myanmar-SOGI workshop-News-Web Story-2016-ENG (full story in PDF)
Apr 6, 2016 | News
Newly appointed Myanmar Attorney General U Tun Tun Oo must commit to strengthening the rule of law and respect for human rights in the country, said the ICJ today.
U Tun Tun Oo (photo) has been one of the Deputy Attorney-Generals in the Union Attorney General’s Office since 2006.
“U Tun Tun Oo is taking over a post that is Myanmar’s most powerful legal officer. He plays a complex role, at once a member of the Executive, adviser to the President and the Hluttaw, the authority drafting and amending laws,” said Sam Zarifi, ICJ’s Asia Director. “As an immediate matter, he should review all political cases and stop the harassment of human rights defenders.”
The Attorney General represents the government in judicial proceedings and advises the cabinet on the legality of its actions.
He also leads Prosecutors in the country, and thus has the authority to select, initiate and undertake investigations into criminal and politically sensitive cases.
The Attorney General is also the president of the country’s only officially recognized Bar Association.
The Attorney General is, in effect, the minister of justice, and as such has controlled much of the work of the judiciary, too.
The Union Attorney General’s Office has historically followed the interests of the military and impeded an independent judiciary, the ICJ notes.
It has been criticized for failing to tackle major problems such as corruption and human rights abuses while continuing to prosecute human rights defenders and political opponents.
“Within the Union Attorney General’s Office, prosecutors must act with integrity in an independent, impartial and objective manner and in the protection of the public interest”, said Zarifi.
“Prosecutors must exercise sound discretion in the performance of their functions. They must seek justice, without fear of favour, not merely convict.”
“The Attorney-General’s Office must not shy away from prosecutions that will combat impunity,” he added.
The Union Attorney General’s Office launched its Strategic Plan for 2015-2019, establishing important benchmarks for measuring the institution’s development.
The Strategic Plan acknowledges the public’s low confidence in the office and commits the office to the rule of law, human rights, fair trials, prosecutorial ethics and accountability, in accordance with international standards.
“The Union Attorney General’s Office must investigate and prosecute criminal offences, including gross human rights violations and abuses, with impartiality. The Union Attorney General’s Office must be free from unwarranted interference from the legislative and the executive branches of government. Likewise, it must not interfere with judges or lawyers in an independent judiciary,” Zarifi said.
Contact:
Sam Zarifi, ICJ Regional Director for Asia and the Pacific, t: +66807819002; e: sam.zarifi@icj.org
Vani Sathisan, ICJ International Legal Adviser for Myanmar, t: +95(0)9250800301; e: vani.sathisan@icj.org
Additional information:
Under international standards, prosecutors are required to “respect and protect human dignity and uphold human rights” and “give due attention to the prosecution of crimes committed by public officials, particularly corruption, abuse of power, grave violations of human rights and other crimes recognized by international law.” These principles are set out in the United Nations Guidelines on the Role of Prosecutors.
An exposition and analysis of international law and standards are available in English and Myanmar language in the ICJ’s authoritative Practitioners’ Guide on the Independence and Accountability of Judges, Lawyers and Prosecutors.
