May 15, 2019 | News
The ICJ today condemned a series of the acts of violence directed against the Muslim community in the aftermath of the Easter attacks on 21 April in Sri Lanka directed at churches and other places.
In the most recent attacks on 13 May, at least one person was killed in anti-Muslim mob violence in Nattandiya. In addition, various attacks have resulted in the looting and destruction of mosques, Muslim-owned businesses and houses in several parts of the island including Negombo, Chilaw, Kurunegala and Gampaha.
The ICJ called upon the State authorities to conduct independent, impartial and effective investigations into the attacks and bring all perpetrators to justice in line with international standards. Furthermore, the ICJ urges the Government of Sri Lanka to send a clear public message that acts of violence against any religious minorities are not tolerated.
“Attacks perpetrated against religious minorities are more likely to occur in a climate of impunity” said Fredrick Rawski, ICJ’s Regional Director for Asia and the Pacific. “The fact that Sri Lanka has a history of serious violations of human rights of religious minorities makes it even more urgent that the Government act to safeguard the human rights of all persons and take immediate measures to protect members of religious minorities from further violence.”
Delayed action or inaction on the part of law enforcement authorities during and in the immediate aftermath of the attacks has further exacerbated the situation. Given the recurring patterns of mob violence against religious minorities in Sri Lanka, a handful of arrests will not suffice. It must be followed up by independent and impartial investigations and, where warranted, prosecutions as part of an effective preventive strategy to counter such collectively organized violence.
Under international human rights law, including the International Covenant on Civil and Political Rights, to which Sri Lanka is a party, States have a duty to protect freedom of religion, which includes persons from religious minorities against abuses committed against them by any person or group.
The Government of Sri Lanka must take appropriate security measures in response to the worst terror attack in recent years. However, it must ensure that the volatile situation is not made worse by inaction to prevent anti-Muslim violence and vigilantism. Moreover, the State must ensure that any counter-terrorism measure is adopted and implemented in line with its international human rights law obligations and does not explicitly or implicitly target a particular community.
Mar 22, 2019 | Advocacy, Non-legal submissions
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:
- Amnesty International
- ARTICLE 19
- Asian Forum for Human Rights and Development (FORUM-ASIA)
- DefendDefenders (East and Horn of Africa Human Rights Defenders Project)
- Center for Reproductive Rights
- CIVICUS
- Human Rights House Foundation
- Human Rights Watch
- International Commission of Jurists
- International Federation for Human Rights (FIDH)
- International Service for Human Rights
Mar 20, 2019 | Advocacy, Non-legal submissions
The ICJ today called at the UN for prompt establishment of a judicial accountability mechanism with international involvement, for Sri Lanka.The statement, delivered during an interactive dialogue on the OHCHR report on Sri Lanka at the Human Rights Council in Geneva, read as follows:
“The ICJ welcomes the comprehensive report of the OHCHR on promoting reconciliation, accountability and human rights in Sri Lanka (A/HRC/40/23). We share OHCHR’s observation that there is a lack of progress and absence of a comprehensive strategy for implementation of all commitments made under Resolution 30/1.
ICJ is particularly concerned about the lack of progress in the area of criminal accountability (as noted in Paragraph 27 of the report). We believe that there is an urgent need to establish a judicial mechanism with the involvement of foreign judges. We echo the sentiments of the OHCHR regarding the inability of the Sri Lankan courts, on their own, to address the impunity of security forces for crimes under international law.
Failure of the criminal justice system to effectively address emblematic cases (as reflected in Paragraph 38 of the report) clearly indicates the level of capacity and willingness on the part of the State even today to prosecute and punish perpetrators of serious crimes when they are linked to the security forces or other positions of power.
ICJ also notes that women are grossly under-represented in the judiciary in Sri Lanka, which prevents women human rights defenders and female victims from having confidence in the ordinary criminal justice system, impeding their full engagement and participation in pursuing accountability for crimes committed against them during the conflict and other transitional justice processes.
A judicial mechanism with the involvement of foreign judges is particularly urgent for women in conflict-affected areas who still live in a highly militarized environment and are compelled to live among their perpetrators – those who have been accused of war crimes including rape and other forms of sexual violence.
We therefore reject calls for a purely domestic mechanism. Indeed, the ICJ considers that the continuing failure of the Government to ensure justice means that referral to the International Criminal Court or the creation of another international mechanism to facilitate criminal accountability would be fully warranted. The draft resolution before this session of the Council, reaffirming all elements of resolution 30/1, thus already represents a deep compromise and anything less than the existing text would be wholly unacceptable.
Mar 8, 2019 | Advocacy, Non-legal submissions
The ICJ today addressed the UN Human Rights Council on the need for a time-bound implementation plan, developed with the Office of the High Commissioner for Human Rights, for Sri Lanka to implement its commitments and obligations on transitional justice.
The statement, delivered during an interactive dialogue with the UN High Commissioner for Human Rights on her annual report, read as follows:
“Madame High Commissioner,
The International Commission of Jurists (ICJ) appreciates the efforts undertaken by the OHCHR in advancing transitional justice in Sri Lanka, mentioned in paragraph 69 of your report.
Any progress made by Sri Lanka, especially in relation to the implementation of transitional justice mechanisms under Resolution 30/1, albeit slow and wholly insufficient, has been primarily due to the continued engagement of the Council, OHCHR and international community. Therefore, keeping Sri Lanka on the agenda of the Council is paramount to ensure progress on all remaining commitments set out in Resolution 30/1.
As the Council is poised to provide Sri Lanka with an extension of two years to fulfill its commitments under Resolution 30/1, ICJ considers the expeditious development of a time-bound implementation plan with a deadline for delivery as essential. It is also pertinent that the implementation process is not a mere procedural exercise, but holistic and contextually appropriate.
At present, it appears that women are largely excluded from meaningfully participating in transitional justice processes, despite having been at the forefront in demanding truth and justice. Even mechanisms that have been put in place so far lack a comprehensive gender strategy. It is imperative that problems faced by women during and in the aftermath of the conflict are effectively identified and addressed in order to ensure that they are not left behind as the country seeks to move forward. The OHCHR with its expertise and experience in the field is well-placed to provide the necessary advice and technical assistance, especially in relation to matters that often get ignored or marginalized.
Madam High Commissioner, how would you see OHCHR fulfilling its role in relation to the development of the time-bound implementation plan and the due accomplishment of all remaining commitments made under Resolution 30/1?”
The statement can be downloaded in PDF format here: HRC40-OralStatement-IDwHCitem2-2019
The oral statement follows a joint open letter from NGOs, calling for such a plan, here.
The ICJ earlier submitted a written statement on Sri Lanka, available here.
Feb 28, 2019 | Events, News
This event will address progress in implementing Human Rights Council resolution 30/1 and required steps, in the format of presentations from human rights defenders from Sri Lanka and testimonies.
Date: Thursday, 28 February 2019
Time: 13.30 – 14.30
Venue: Room XXVII, Palais des Nations
Chair: Mr. Budi Tjahjono, Franciscans International
Speakers:
- Dr. Paikiasothy Saravanamuttu, Centre for Policy Alternatives (CPA)
- Ms. Shyamala Gomez, Centre for Equality and Justice (CEJ)
- Mr. Senaka Perera, Committee for Protecting Rights of Prisoners
- Representative of the North East Coordinating Committee (NECC)
Testimonies:
- Ms. Sandya Eknaligoda, Wife of the disappeared journalist
- Dr. Kasipillai Manoharan, Father of the victim of ‘Trinco 5’ killings
Sponsors:
- Asian Forum for Human Rights and Development (FORUM-ASIA)
- Amnesty International
- CIVICUS
- Commonwealth Human Rights Initiative (CHRI)
- Franciscans International
- Human Rights Watch (HRW)
- International Commission of Jurists (ICJ)
- International Movement Against all forms of Discrimination and Racism (IMADR)
- International Service for Human Rights (ISHR)
