Nov 4, 2016 | News
The Myanmar government’s recently announced plan to enlist civilians as a ‘regional police force’ in Myanmar’s troubled northern Rakhine State is likely to aggravate an already dire human rights situation, warned the ICJ today.
“In a country where the regular police and military are notorious for grave human rights violations, it’s difficult to extend the benefit of the doubt to poorly trained civilians,” said Sam Zarifi, ICJ’s Asia Director.
“Establishing an armed, untrained, unaccountable force drawn from only one community in the midst of serious ethnic tensions and violence is a recipe for disaster,” he added.
Over the last month the region has experienced increased tension and violence including attacks on border police and allegations of human rights violations by security forces, including attacks on Rohingya villages and sexual assaults.
Humanitarian assistance and independent monitors, including the media, remain severely restricted in the area.
The Rakhine State police are recruiting civilians for the force along ethnic and religious lines, officially excluding Rakhine state’s Muslims, most of whom belong to the area’s persecuted Rohingya community.
Recruits will reportedly be armed and paid by the border police after undergoing abbreviated training.
The ICJ considers that a civilian regional police force necessarily lacks the adequate training and oversight to perform policing functions in accordance with human rights and professional standards on policing.
Moreover, there does not appear to be an appropriate accountability mechanism in place to deal with instances of misconduct and human rights abuses, the ICJ says.
Such a ‘regional police force’ will be dangerously under qualified and prone to committing human rights violations, especially as they will answer to the military rather than civilian government, the Geneva-based organization adds.
According to the ICJ, if a new security authority is contemplated, it must be a professional police force, whose members are recruited and trained in accordance with principles of non-discrimination and respect for human rights.
Police must also be accountable to the law and subject to administrative and judicial oversight.
The ICJ calls on the governments to establish and enforce effective reporting and review procedures for all incidents involving the use of force.
The government and police must ensure the following accountability measures are in place:
- Police are not deployed without comprehensive training on duties including restrictions on use of force and human rights obligations;
- An effective process to review the use of force, conducted by independent administrative or prosecutorial authorities is available;
- Access to an independent judicial process for persons affected by the use of force (including dependents) or their legal representatives, which is capable of providing for effective remedy and reparation for any abuses;
- Superior officers must be held responsible if they know, or should have known, that law enforcement officials under their command are using force without taking all measures in their power to prevent, suppress or report such use.
Accountability and oversight is essential to protect human rights and prevent escalation of conflict: a new force should not be raised without these guarantees, the ICJ says.
Contact
Sam Zarifi, ICJ’s Regional Director for Asia & Pacific, t: +66807819002
Background
Under international law, any body authorized by the State to perform security functions and use force, including lethal force, must respect human rights in performing their functions.
The United Nations Basic Principles on the Use of Force and Firearms set standards on the qualifications and the training of Law Enforcement Officials.
These Principles also provide standards on the use of force consistent with protecting the right to life.
Under the Principles, all law enforcement officials must receive continuous and thorough professional training, subject to periodic review. They must be screened and selected to ensure they have appropriate moral, psychological and physical qualities for the effective exercise of their functions.
Training must include appropriate guidance on the use of force with special requirements to carry firearms.
It must focus on issues of police ethics and human rights, especially in the investigative process, to alternatives to the use of force and firearms, including the peaceful settlement of conflicts, with a view to limiting the use of force and firearms.
Oct 11, 2016 | Multimedia items, News, Video clips
Selected by a jury of 10 global human rights organizations, including the ICJ, Ilham Tohti has worked for two decades to foster dialogue and understanding between Uyghurs and Han Chinese. Detained in China, he could not travel to collect his prize in Geneva.
A renowned Uyghur intellectual in China, Ilham Tohti (photo) has rejected separatism and violence, and sought reconciliation based on a respect for Uyghur culture, which has been subject to religious, cultural and political repression in the Xinjiang Uyghur Autonomous Region.
In 1994 he began to write about problems and abuses in Xinjiang, which led to official surveillance.
From 1999 to 2003 he was barred from teaching.
Since then the authorities have also made it impossible for him to publish in normal venues.
As a response, he turned to the Internet to broaden public awareness of the economic, social and developmental issues confronting the Uyghurs.
In 2006 he established Uyghurbiz.net, a Chinese-language site, to foster dialogue and understanding between Uyghurs and Han Chinese.
Over the course of its existence, it has been shut down periodically, and people writing for it have been harassed.
In 2009, he was arrested for several weeks after posting information on Uyghurs who had been arrested, killed and “disappeared” during and after protests.
In the following years he was periodically subjected to house arrest, and in 2013, while bound to take up a post as a visiting scholar at Indiana University, USA, he was detained at the airport and prevented from leaving China.
On January 15, 2014, Ilham Tohti was arrested on charges of separatism and sentenced to life imprisonment, after a two-day trial.
Numerous statements were issued by Western governments and the European Union condemning his trial and sentence, and in early 2016 several hundred academics petitioned the Chinese leadership for his release.
Upon his nomination as a Finalist for the Martin Ennals Award earlier this year, his daughter stated: “My father Ilham Tohti has used only one weapon in his struggle for the basic rights of the Uyghurs of Xinjiang: Words; spoken, written, distributed, and posted. This is all he has ever had at his disposal, and all that he has ever needed. And this is what China found so threatening. A person like him doesn’t deserve to be in prison for even a day.”
Martin Ennals Foundation Chair Dick Oosting said: “The real shame of this situation is that by eliminating the moderate voice of Ilham Tohti the Chinese Government is in fact laying the groundwork for the very extremism it says it wants to prevent.”
The two other finalists received Martin Ennals Prizes.
Zone 9 Bloggers (Ethiopia) are nine young activists who called themselves ‘Zone 9’ as a symbol for Ethiopia as a whole (Kality prison in Ethiopia, has 8 zones and holds many journalists and political prisoners).
They document human rights abuses and shed light on the situation of political prisoners in Ethiopia.
Six of its members were arrested and charged with terrorism.
Although they have now been released, three are in exile while four of the six remaining in Ethiopia are still facing charges and banned from travel.
Razan Zaitouneh (Syria) has dedicated her life to defending political prisoners, documenting violations, and helping others free themselves from oppression.
She founded the Violations Documentation Center (VDC), which documents the death toll and ill-treatment in Syria’s prisons.
She had started to cover all sides in the conflict when she was kidnapped, alongside with her husband and two colleagues, on 9 December 2013. Her whereabouts remain unknown.
Background
The “Nobel Prize of Human Rights”, the Martin Ennals Award for Human Rights Defenders (MEA) is a unique collaboration among ten of the world’s leading human rights organizations to give protection to human rights defenders worldwide.
Strongly supported by the City of Geneva, the award is given to Human Rights Defenders who have shown deep commitment and face great personal risk. Its aim is to provide protection through international recognition.
The Jury is composed of the following NGOs: ICJ, Amnesty International, Human Rights Watch, Human Rights First, Int’l Federation for Human Rights, World Organisation Against Torture, Front Line Defenders, EWDE Germany, International Service for Human Rights, and HURIDOCS.
Contact:
Michael Khambatta, Director, Martin Ennals Foundation, t: +41 79 474 8208, e: khambatta(a)martinennalsaward.org
Olivier van Bogaert, Director, ICJ Media and Communications, and ICJ Representative on the MEA Jury, t: +41 22 979 38 08, e: olivier.vanbogaert(a)icj.org
china-mea-laureate-2016-news-press-releases-2016-chi (full text in Chinese, PDF)
Watch the Martin Ennals Award Ceremony 2016:
Watch the Ilham Tohti movie:
Oct 11, 2016 | News
Thailand should immediately end the use of Article 44 of the Interim Constitution which gives the Head of the military junta sweeping, unchecked powers contrary to the rule of law and human rights, said the ICJ today.
Despite widespread international condemnation of Article 44, its use has increased every year since the Interim Constitution was promulgated on 22 July 2014 following the coup d’état of 22 May 2014.
The Head of the National Council for Peace and Order (NCPO), Prayut Chan-o-cha, has issued at least 107 Orders under Article 44 (available in the public domain): at least one in 2014; 44 in 2015; and 62 in 2016 to date – with 37 Orders being issued since June 2016 alone.
“The Head of the NCPO’s increasing willingness to use extraordinary powers to make ad hoc, arbitrary changes to existing laws and regulations without judicial oversight should be alarming to everyone, including the business sector,” said Wilder Tayler, Secretary General of the ICJ.
“Article 44 places law making power in the hands of one man, while Articles 47 and 48 of the Interim Constitution block judicial review or access to remedies and reparation. This is entirely inconsistent with the three fundamental pillars of the rule of law, equality, accountability and predictability, and should be revoked immediately,” he added.
The Article 44 orders range from those restricting the civil rights of all people in Thailand to those aimed at seemingly minor and ordinary bureaucratic processes.
To date, Article 44 has been used to introduce a raft of revisions into existing Thai law without observing proper process or practice, including providing for the acquisition of land for the establishment of Special Economic Zones bypassing the usual environmental and social checks and balances provided for in domestic legislation; granting military officers sweeping powers of investigation, arrest and detention; and prohibiting the gathering of five or more persons for political purposes.
“It is long past time for Thailand to revoke Article 44 and all others laws, orders and announcements issued since the military coup that are inconsistent with the rule of law and human rights,” Tayler said.
“The justifications the military presented for such measures were never valid or credible, and certainly not so after more than two years of direct military rule.”
All Orders issued under Article 44 – and all other NCPO Orders and Announcements – will continue to remain in force under the draft Constitution that was accepted at a public referendum on 7 August 2016, and may only be repealed or amended by an Act.
Last week, Deputy Prime Minister Wissanu Krea-ngam announced that the NCPO was considering converting many of the hundreds of orders issued by the NCPO into legislation, including those issued under Article 44.
thailand-art-44-ncpo-news-press-releases-2016-eng (full text with background, in PDF)
thailand-head-of-ncpo-orders-advocacy-2016-eng (full list of all publicly available Head of NCPO Orders, in PDF)
thailand-art-44-ncpo-news-press-releases-2016-tha (full text in Thai, PDF)
Sep 16, 2016 | Advocacy, Non-legal submissions
On 16 September 2016, the ICJ made a submission to the Universal Periodic Review of India.
The submission brings to the attention of the members of the Human Rights Council’s Working Group on the UPR issues concerning:
- discrimination and violence based on sexual orientation and gender identity;
- death penalty;
- impunity and accountability;
- freedom of speech, expression and association;
- ratification and implementation of international human rights instruments.
india-icj-upr-submission-advocay-non-legal-submission-2016-eng (full text in PDF)
Aug 31, 2016 | News
ASEAN meeting should highlight disappeared Lao leader Sombath Somphone, denial of liberties, said human rights and advocacy groups at a press conference held today in Bangkok.
On the eve of the annual ASEAN leaders summit in Vientiane, the groups (Human Right Watch, ASEAN Parliamentarians for Human Rights, Civil Rights Defenders, Focus on the Global South, Mekong Watch and the ICJ) called upon the Lao PDR Government to commit to address its widespread violations of human rights, including instances of enforced disappearances and arbitrary detention.
Visiting world leaders have a unique opportunity to publicly raise human rights concerns during the ASEAN summit in Vientiane from September 6-8. They should press the Lao government to cease the abuses that have consistently placed Laos at the bottom of rights and development indexes measuring rights, press freedom, democracy, religious freedom, and economic transparency, the groups added.
At the event organized by The Sombath Initiative at the Foreign Correspondents Club of Thailand in Bangkok, the groups also released a set of briefing papers on forcibly disappeared civil society leader Sombath Somphone (photo), Laos’ restrictions on democracy and human rights, lack freedom of expression, failure to meet human rights obligations, and impacts of foreign aid and investment.
“More than three and half years after he disappeared, the Lao government still has provided no clear answers to what happened to my husband, Sombath Somphone, who was taken away in truck at a police checkpoint in Vientiane,” said Shui Meng Ng, wife of Sombath and board member of The Sombath Initiative.
“President Obama, the United Nations, and ASEAN and its dialogue partners should urge the Lao Government to urgently resolve the case of Sombath’s enforced disappearance and return him safely to me and my family. They should also demand the Lao Government end enforced disappearances, so that the ordinary people of the country can respect their government rather than fear it.”
“The fact that the Lao PDR government’s last detailed report on the progress of the investigation was released over three years ago suggests the Lao authorities are not carrying out an effective investigation into this case as they are required to do under international law,” said Kingsley Abbott, a Senior International Legal Adviser with the International Commission of Jurists (ICJ).
“It is not enough for the Lao government to simply keep asserting on the international stage that it is investigating this case. International law obliges Lao PDR authorities to conduct an investigation that is credible and effective, and provide regular updates on its progress including to Sombath’s wife, Shui Meng,” he added.
Basic civil and political rights are systematically denied in Laos, and government authorities move quickly to arbitrarily arrest those expressing critical views of the government, either in day to day life or more recently on-line.
In March 2016, police arrested three Lao migrant workers who had posted critical comments about the Lao government while they were working in Thailand, and continues to detain them arbitrarily. A Lao court also sentenced activist Bounthanh Khammavong in September 2015 to 4 years and 9 months in prison for posting critical comments on Facebook.
Laos also imposes onerous restrictions on the right to freedom of association that are incompatible with its human rights obligations.
The government strictly controls the registrations of organizations such as non-profit associations (NPAs), and closely monitors the work plans and budgets of NPAs that it does approve to operate.
Any person who dares to organize and operate an unsanctioned organization faces arrest and prosecution.
Workers are compelled to belong to the Lao Federation of Trade Unions and organizing unions outside that framework is illegal. At the village level, mass organizations controlled by the ruling Lao People’s Revolutionary Party are often the only organizations operating.
Public protests or assemblies are strictly forbidden without government permission, and any efforts organize such events face immediate suppression by the police and security forces.
“Civil society in Laos remains under a hostile spotlight from the government, and UN rights officials have noted that there are few places in the world where they have encountered greater fear and intimidation among community organizations and NGOs,” said Walden Bello, former member of the Philippines Congress and Vice Chair of ASEAN Parliamentarians for Human Rights (APHR).
“Laos has now become one of the most rights repressing countries in ASEAN: leaders in the region and from around the world must stop looking the other way, and demand Vientiane end its asphyxiation of independent civil society,” he added.
Read the full text and quotes here: Laos-End to Human Rights Abuses-News-Press Releases-2016-ENG (in PDF)
Contact
Kingsley Abbott, ICJ Senior International Legal Adviser, t: +66 9 4470 1345, e: kingsley.abbott(a)icj.org
