South Sudan: ICJ joins NGOs to call for renewal of UN Commission on Human Rights

South Sudan: ICJ joins NGOs to call for renewal of UN Commission on Human Rights

Today, the ICJ and other human rights NGOs have written to UN Member States to call for a renewal of the mandate of the UN Commission on Human Rights in South Sudan.

The joint letter highlights the existing remaining concern on the human rights situaion in South Sudan and provide with key recommendation for its functioning.

Find the joint letter here: SouthSudan-UN-JointLetter-Advocacy-NonLegal-2021-ENG

 

Contact:

Massimo Frigo, ICJ UN Representative, e: massimo.frigo(a)icj.org, t: +41797499949

Human rights and corporate accountability in South Sudan

Human rights and corporate accountability in South Sudan

The ICJ and Lawyers’ Rights Watch Canada have highlighted the link between human rights violations and corporate accountability in South Sudan, at the Human Rights Council in Geneva.

The statement, delivered in an interactive dialogue with the Commission on Human Rights in South Sudan, read as follows:

“The International Commission of Jurists (ICJ) and Lawyers’ Rights Watch Canada thank the Commission on Human Rights in South Sudan for its report (A/HRC/43/56).

We underline the Commission’s ongoing concerns about lack of access to justice, entrenched impunity for serious crimes and human rights violations; continued threats against human rights defenders, journalists, and dissidents; and corruption in oil and non-oil sectors.

We appreciate the Commission’s continued investigation into enforced disappearances, including the 2017 enforced disappearances and extrajudicial killings of human rights lawyer Dong Samuel Luak and opposition politician Aggrey Idri.

We remain concerned by the lack of effective oversight of oil and non-oil enterprises and revenue misappropriation that has fueled violations. In the light of the findings by the Commission’s 2019 report (A/HRC/40/69, A/HRC/40/CRP.1) pointing to the oil industry as a “major driver” in the continuation of the armed conflict and resulting human rights violations, we would like to ask what follow up to those findings does the Commission intend to conduct in the future?

Potential corporate complicity with crimes under international law demands investigation and a strong monitoring mechanism for the use of oil revenues should be established.”

Joint NGO overview of 40th session of the UN Human Rights Council

Joint NGO overview of 40th session of the UN Human Rights Council

The ICJ has joined with ten other leading human rights organisations to highlight the key outcomes of the 40th regular session of the UN Human Rights Council in Geneva, at its conclusion on 22 March 2019.

The joint NGO statement, delivered at the end of the session, reads as follows:

“We welcome the positive step the Council has taken in the direction to effectively protect environmental human rights defenders (EHRDs) from the grave reality they face every day. By adopting the resolution by consensus, the Council has collectively and explicitly recognized the vital role of EHRDS, including in attaining the SDGs sustainable development goals and ensuring that no-one is left behind, and called for their protection. We also welcome the call on States to provide a safe and empowering context for initiatives organised by young people and children to defend human rights relating to the environment. We, however, regret that the resolution does not squarely address the obligations of international financial institutions and investors.

We welcome South Africa’s leadership to put on the Council’s agenda emerging human rights issues, in bringing attention to the multiple and intersecting forms of discrimination that women and girls face in the field of sports, especially on the basis of race and gender.

The Council has ensured its continued attention to grave rights violations across the globe.

While we welcome the extension of Council attention on Sri Lanka for another two years, a concrete, transparent, and time-bound action plan is urgently needed to implement its commitments under resolution 30/1 in collaboration with OHCHR. Given the lack of progress and political will to implement these commitments, in the absence of immediate progress, the Council should consider additional measures or mechanisms for ensuring victims’ rights to truth, justice and reparations. Individual States need not wait to exercise universal jurisdiction.

We welcome the resolution on Myanmar and its strong focus on ending impunity and ensuring accountability, and we call for the swift operationalisation of the Independent Investigative Mechanism (IIM). We welcome steps taken to review the UN’s involvement in Myanmar. We urge the UN Secretary-General to ensure that it is independent and transparent, and present the findings and recommendations at the Council’s 43rd session.

We welcome the renewal of the mandate of the Commission on Human Rights in South Sudan, a vital mechanism for human rights reporting and evidence gathering. It sends the right message to the government and all parties to the conflict: There can be no lasting peace without justice.

The Council continued this session to initiate action on country situations based on objective criteria through resolutions and joint statements.

By adopting a resolution on Nicaragua, the Council sent a signal to victims of the current crisis that the international community will not allow impunity for the serious ongoing violations to prevail. We look forward to robust reporting from the OHCHR and we urge the Nicaraguan government to fully engage with the Office to ensure the victims’ rights to truth, justice and reparation.

The Council sent a strong message of support to human rights defenders in Saudi Arabia through the joint statement by 36 States, led by Iceland, calling for the release of detained women human rights defenders and called on the Saudi government to fully cooperate with the Special Rapporteur on extrajudicial, summary or arbitrary executions in her investigation into the killing of journalist Jamal Khashoggi. We urge the Saudi authorities to respond fully to these calls, and States to follow up with a resolution at the June session to maintain attention to the situation until meaningful progress, including the release of defenders, is made.

LGBT people in Chechnya are being abducted, locked up in secret detention sites, tortured and sometimes killed purely because of their sexual orientation. We welcome the joint statement on Chechnya delivered by more than 30 States and join the call on the Russian authorities for the persecution to stop: for the immediate and unconditional release of all detained for their actual or perceived sexual orientation or gender identity, and for swift, thorough, and impartial investigations.

We welcome the Cameroon joint statement which advances both Council membership standards and its prevention mandate, and urge the Council to keep the matter under scrutiny.

While we have welcomed the Council’s attention to several situations of gross rights violations, we remain concerned about the lack of consistent and principled leadership by States, in particular by Council members.

We are disappointed that even though the demands of several EU and WEOG States to move the resolution on accountability for crimes committed in the Occupied Palestinian Territories from item 7 to item 2 was met, they still failed to support the resolution. This suggests that no matter the item number, some WEOG members continue in failing to protect the human rights of Palestinians, effectively shielding Israel from accountability.

We regret that States have yet again failed to initiate Council action on the Philippines amidst continued unlawful killings in the government’s so-called war on drugs, and increased targeting of independent media, civil society organisations, and human rights defenders. We reiterate our call on the Council to take action to mandate an independent investigation to establish the facts of human rights violations including extrajudicial executions and attacks against media and civil society, address impunity, and take steps towards justice and reparations for the victims and their families, and hope action will be taken in this regard at the next Council session.

We are deeply disappointed that the resolution adopted on Libya again lacks any meaningful accountability mechanism or mandate, despite the impunity for the widespread and systematic violations of international humanitarian and human rights law that prevail there.

We deplore that despite credible reports of the detention of up to 1 million Uyghurs and other Turkic Muslims in western China, the Council has yet again given a pass to China, permitting impunity for widespread and severe human rights violations. The efforts China has made to keep States silent, exemplified by intimidation and threats on the one hand and whitewashing the situation on the other, demonstrate the degree to which Council action could have had meaningful results if States had instead called clearly and collectively for an independent, unrestricted fact-finding mission.

On the resolution on the rights of the child, we regret the Council’s inability to emphasize the empowerment, autonomy and capacity of children with disabilities, and including to ensure that their sexual and reproductive health and rights must be respected, protected and fulfilled.

We applaud Mexico and other States’ resolve to safeguard the independence of the mandate of the Special Rapporteur on the promotion and protection of human rights while countering terrorism and to resist any attempts to dilute, distract or distort its essential focus, ensuring that the Rapporteur can continue to have positive impacts both in preventing and responding to human rights violations committed in the name of countering terrorism and in relation to the human rights of victims of terrorism. We urge States to remain vigilant to resist future attempts to undermine the Special Procedures system- the eyes and ears of the Council.

We welcome the Council’s renewal of the mandates of the Special Rapporteur on Iran and the Commission of Inquiry on Syria, so that both can continue to perform their vital work fulfilling their respective mandates and addressing the dire human rights situations in both countries. We urge the Iranian and Syrian authorities to change their posture of noncooperation with the respective mandate .

Several of our organisations have urged the UN High Commissioner to publish the database on businesses in Israeli settlements and were alarmed at its further delay. We urge the High Commissioner to release the database with all due haste.

We welcome the renewal of the Special Rapporteur on freedom of religion or belief mandate, and the maintenance of consensus on the Council resolution 16/18 framework for addressing religious intolerance . Rising intolerance and hate is a global concern, and States must move beyond rhetoric to action in implementing these standards.

The High Commissioner’s update on Venezuela during this session reflected the dire human rights situation in Venezuela. We urge all States to consider what more the Council can do to address the worsening human rights crisis in the country and to support all victims.

We note the highly disturbing report by the Special Rapporteur on adequate housing concerning grave reprisals by the Egyptian government against those who cooperated with her during her recent visit to the country and urge this Council to take action to address these attacks.

We welcome the passage of the resolution on Georgia and the continued attention devoted to the importance of full and unimpeded access for the Office of the High Commissioner and international and regional human rights mechanisms.”

Signatories:

  1. Amnesty International
  2. ARTICLE 19
  3. Asian Forum for Human Rights and Development (FORUM-ASIA)
  4. DefendDefenders (East and Horn of Africa Human Rights Defenders Project)
  5. Center for Reproductive Rights
  6. CIVICUS
  7. Human Rights House Foundation
  8. Human Rights Watch
  9. International Commission of Jurists
  10. International Federation for Human Rights (FIDH)
  11. International Service for Human Rights

 

Threats to the rule of law in Turkey, Poland, Hungary, Azerbaijan and South Sudan (UN statement)

Threats to the rule of law in Turkey, Poland, Hungary, Azerbaijan and South Sudan (UN statement)

The ICJ today highlighted threats to the rule of law in Turkey, Poland, Hungary and Azerbaijan, and the need to address corporate complicity in South Sudan, at the UN Human Rights Council in Geneva.The statement, delivered during general debate, read as follows:

“The situation remains grave for the rule of law and legal protection of human rights in Turkey and Poland.

In Turkey, constitutional reforms in 2017 that undermined the independence of the judiciary should be abolished. Civil society members are prosecuted under overbroad and vague terrorism offences.

In Poland, the Legislature is trying arbitrarily to remove one third of the Supreme Court, a measure that is on hold only temporarily. Unjustified disciplinary proceedings are also being pursued against Polish judges for having sought a ruling of the Court of Justice of the EU.

Elsewhere, in Hungary civil society is ostracized and subject to legislation that risks criminalizing their legitimate activities. In Azerbaijan, as one example of a broader pattern of interference with lawyers and other human rights defenders, lawyer Elchin Sadigov was reprimanded for advising in a confidential manner to his client in detention to complain about torture to which he allegedly had been subjected.

The ICJ is also concerned at the findings by the Commission on Human Rights in South Sudan (A/HRC/40/69, A/HRC/40/CRP.1) that point to the oil industry as a “major driver” in the continuation of the armed conflict and resulting human rights violations. Potential corporate complicity with crimes under international law demand investigation and a strong monitoring mechanism for the use of oil revenues should be established.”

37th UN Human Rights Council: joint NGO end of session statement

37th UN Human Rights Council: joint NGO end of session statement

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.”

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