Dec 10, 2018 | Multimedia items, News, Video clips
Today, 10 December 2018 marks the 70th anniversary of the adoption of the Universal Declaration of Human Rights (UDHR). Developed as a universal standard setting out the rights to be enjoyed by everyone, the elaboration of the UDHR was one of the first actions undertaken by the newly established UN in carrying out its human rights mandate.
The UN Charter, forged after the ravages of the Second World War, places advancement of human rights as a core purpose and principle of the UN.
Over the past 70 years, the UN and regional human rights systems have taken the UDHR as the benchmark in developing the impressive normative architecture that constitutes the present day basis of international human rights law and standards.
The International Commission of Jurists (ICJ) was founded in 1952, only four years after the UDHR, with a mission to advance the rule of law and legal protection of human rights. Most of the international legal human framework at that time had still not yet been developed. The founding members of the ICJ believed that the lofty human rights principles enunciated in the UDHR needed to be transformed into hard and enforceable legal obligations incumbent on all States. From its founding, the ICJ worked to develop treaties and other standards aimed to make the enjoyment of human rights real for people, and not merely aspirational.
According to Sam Zarifi, Secretary General of the ICJ, “The ICJ’s biggest contribution to the international legal framework is still to bring together jurists from around the world to defend the rule of law and the universality of human rights at the global and local level.”
“Many now established global legal instruments have the fingerprints of the ICJ all over them. Crucial regional frameworks in the African, European, and American regions were developed with the deep and sustained involvement of the ICJ, as were the creation of the post of UN High Commissioner for Human Rights and the International Criminal Court,” said Sam Zarifi.
The UDHR has not only inspired the work of human rights defenders, but has also been foundational for the general acceptance of the notion of human rights around the world.
From 1948 until the end of the twentieth century, there has generally been a continuous upward trajectory towards the advancement of human rights, even if there have been many pitfalls along the way.
The notion that people have rights is now universally accepted and known by people. At the Vienna Conference on Human Rights in 1993, all States of the world not only reaffirmed their commitment to the UDHR, but also agreed that “the universal nature of these rights and freedoms is beyond question.”
Over the years, there have certainly been major shortcomings in the push to achieve the realization of the human rights for all.
Some of the extreme examples include armed conflicts replete with crimes against humanity, war crimes and even genocide, followed by a failure to hold perpetrators accountable.
And there remains extreme poverty in parts of the world marked by a thorough neglect of economic and social rights.
Despite these shortfalls in implementation, it remains the case that human rights have been accepted as a key component in addressing humanity’s problems in the 70 years since the adoption of the UDHR.
“Over the years, more and more States have ratified human rights treaties, more States have incorporated human rights in their domestic law, and more courts have started to enforce human rights. At the grass roots law level, more organizations have demanded human rights as an entitlement and not just as an aspiration,” explains Ian Seiderman, Legal and Policy Director of the ICJ.
Despite, this long term trend in advancement of human rights, there are warning signs that progress is slowing and in some places has even reversed particularly in the past decade.
“We are now seeing a very strong pushback against human rights proclaimed in the UDHR from countries around the world,” says Ian Seiderman.
“Some of the pressures have come from the security angle, where even States that previously championed rights insist that rights protection must cede to security interest. More recently there has been a rise in populist authoritarian governments that don’t even pay lip service to human rights anymore. And many States have also turned their backs on the commitment to protect the most marginalized and vulnerable, such as refugees and migrants,” he adds.
Roberta Clarke, Chair of the ICJ Executive Committee:
At the normative level, there remains the notable gap in the international legal protection from transnational corporations and other business that abuse human rights and the reticence of many States to participate in good faith in the efforts at the UN to close this gap with a new business and human rights treaty.
This backlash has only redoubled the ICJ’s commitment to fight for the values originally imagined by the writers of the Universal Declaration of Human Rights.
The ICJ and its individual Commissioners remain heavily involved in the development of human rights standards and their implementation based on the UDHR and a part of the larger human rights movement.
The ICJ continues to work to adopt human rights law to changing conditions in the modern world, develops the human rights capacities of lawyers and judges in all parts of the world, undertakes legal advocacy internationally and in many countries, and provides legal tools for human rights practitioners.
Robert Goldman, ICJ President:
On the 70th anniversary of the UDHR, it is critically important to recall why the UDHR was established in the first place, especially in light of the current regression of human rights development around the world.
The preamble of the UDHR reminds us that “ disregard and contempt for human rights have resulted in barbarous acts which have outraged the conscience of mankind.”
But more critically, it also insists that addressing these and other acts of inhuman rights require that human rights be protected by the rule of law.
This will be the ICJ’s continuing mission.
Oct 24, 2018 | News
The three finalists who will compete for this prestigious award given to human rights defenders having shown deep commitment and facing great personal risk are: Eren Keskin (Turkey), Marino Córdoba Berrio (Colombia) and Abdul Aziz Muhamat (Papua New Guinea/Australia). The ICJ is member of the MEA Jury.
The finalists were selected by the International Human Rights Community (members of the jury are the ICJ, Amnesty International, Human Rights Watch, Human Rights First, International Federation for Human Rights, World Organisation Against Torture, Front Line Defenders, EWDE Germany, International Service for Human Rights and HURIDOCS).
Nominees and laureates of the Martin Ennals Award for Human Rights Defenders (MEA) are human rights defenders that have demonstrated a deep commitment to human rights, often working under threat of imprisonment, torture, or worse.
The international recognition provided by the Award, on top of raising their profile and their work, often provides significant protection.
The 2019 Martin Ennals Award will be presented on 13 February 2019 at a ceremony hosted by the City of Geneva, which for many years has strongly supported the Award.
Eren Keskin (Turkey)
Eren Keskin (upper left corner of the picture) is a lawyer and human rights activist.
For more than thirty years, she has struggled for fundamental rights and freedoms in Turkey, especially for the Kurds, women and the LGBTI+ community.
Within the context of the worsening human rights situation in Turkey, Keskin is once again at the centre of intimidation attempts.
As part of a solidarity campaign to support the Özgür Gündem newspaper, Keskin held the title of “editor-in-chief” of the newspaper from 2013 to 2016, when it was closed by the authorities.
On 30 March 2018, she was convicted and sentenced to 12.5 years in jail for having published articles deemed to have “degraded” the Turkish nation and “insulted” the Turkish president.
She is currently free while the case is appealed.
She said: “To defend human rights is not easy in our territory. I am being prosecuted with 143 charges for my solidarity with an opposition newspaper in the context of freedom of expression. International awards and solidarity have “protective” characteristics and reassure those of us in repressive societies. It also it gives us a morale boost and helps our motivation for the struggle. Thank you for not forgetting us. Your solidarity and protection mean so much.”
Marino Córdoba Berrio (Colombia)
A member of the Afro-Colombian ethnic group, Marino Córdoba Berrio (bottom left corner of the picture) led his community as they faced the loss of their land to powerful commercial interests, notably in logging and mining.
After successfully working towards the legal recognition of their community’s land rights, much of his community was driven out by force in 1996.
Constant threats and attacks drove him to seek asylum in the United States in 2002 where he built a network of supporters.
He returned to Colombia in 2012 and worked to ensure a role for ethnic communities in the peace agreement, notably as a member of “Ethnic Commission for Peace and the Defense of Territorial Rights ” that provides input as the peace agreement is implemented.
He has regularly received death threats and is under constant armed guard.
He said: “We have historically been excluded politically, socially and economically, also affected by war, providing measures of overcoming is a primary responsibility of the State. I believe in the power of my mind and my hands as a determinant to do what is right, therefore the justice that is applied to my people is crucial for their survival. It is also in our hands to promote those changes so this effort involves exposing my own life.”
Abdul Aziz Muhamat (Papua New Guinea/Australia)
Abdul Aziz Muhamat (Aziz, on the right-hand side of the picture), from Sudan, is a compelling and tireless advocate for refugee rights.
Seeking asylum, he has been held in Australian immigration detention on Manus Island, Papua New Guinea since October 2013, when his boat was intercepted by the Australian authorities.
Aziz has seen friends die. He has been shot at by local police. He was also sent to a local prison for refusing to eat in protest at the cruelty and suffering being inflicted on others.
Aziz is one of the primary public voices among the men held on Manus Island. Despite the isolated location, he has exposed the harsh conditions there through podcasts and media interviews.
He has paid a price for this as he is seen as a “ring leader” by both the PNG and Australian authorities.
He stated: “My work to expose this cruel system helps preserve my self-respect and inherent human dignity. It helps me fight for the rights of every refugee around the universe, which I’ll do until my last breath. It is not always easy when living under conditions of fear and persecution. Yet even under the most crushing state machinery, courage rises up again and again, for fear is not the natural state and I will do everything to keep going.”
Contact
Olivier van Bogaert, Director Media & Communications, ICJ representative in the MEA Jury, t: +41 22 979 38 08 ; e: olivier.vanbogaert(a)icj.org
Michael Khambatta, Director, Martin Ennals Foundation, t: +41 79 474 8208 ; e: khambatta(a)martinennalsaward.org
TUR-Eren Keskin_Bio-News-2018-ENG (Eren Keskin full bio in PDF)
COL-Marino Cordoba Bio-News-2018-ENG (Marino Córdoba Berrio full bio in PDF)
AUS-Abdul Aziz Muhamat Bio-News-2018-ENG (Abdul Aziz Muhamat full bio in PDF)
Oct 5, 2018 | News
2018 marks the 60th anniversary of the ICJ’s move to Geneva thanks to the great Swiss jurist Jean-Flavien Lalive, who was ICJ’s Secretary General in 1958.
This makes the ICJ one of the earliest international organizations to establish its headquarters in Geneva.
At the 1959 ICJ Congress in New Delhi, Dr. Lalive helped breathe new life into the rule of law and human rights.
The Delhi Declaration is, to date, a fundamental instrument interpreting the rule of law as a living concept, and underscoring the primary role of lawyers in its safeguard and in the advancement of human rights.
The ICJ plays a unique and preeminent role as a non-governmental organization seeking to defend human rights and the rule of law worldwide.
The ICJ will mark this event with two major initiatives:
- A visibility campaign from 26th September to 9th October: the TV screens on the Geneva public transport network and five vehicles will carry the slogan “Global Advocates for Justice and Human Rights – 60 years in Geneva”
- The launch of the “60th Anniversary Appeal” to all lawyers in the Republic and canton of Geneva to support the ICJ and, in turn, their less privileged colleagues, victims of persecution on five continents.
“Geneva can be proud of its image as the world human rights capital. It is a beacon for justice advocates around the world. We must continue to make it shine,” said Sam Zarifi, Secretary General of the ICJ.
“Through its 60-year history, the ICJ has contributed significantly to Geneva’s human rights record: the campaigns that led to the creation of the post of UN High Commissioner for Human Rights in 1993 and the UN Human Rights Council in 2006, as well as the adoption of the United Nations Convention against Torture in 1984 are some emblematic examples,” said Olivier Coutau, Head of La Genève Internationale.
“In the face of repeated attacks on human rights, the world needs, more than ever the ICJ’s competent, rigorous and effective defense of the rule of law,” Sam Zarifi added.
The Republic and canton of Geneva support the ICJ 60th Anniversary Appeal.
Additional information
The international reputation of the ICJ rests on these pillars:
- 60 Commissioners – eminent judges and lawyers – from all regions of the world and all legal systems – with unparalleled knowledge of the law and human rights;
- Cooperating with governments committed to improving their human rights performance;
- Effective balance of diplomacy, constructive criticism, capacity building, and if necessary, ‘naming and shaming’;
- Unmatched direct access to national judiciaries, implementing international standards and improved legislation impacting millions;
- Guiding, training and protecting judges and lawyers worldwide to uphold and implement international standards;
- Working for access to justice for victims, survivors and human rights defenders, in particular from marginalized communities;
- Following a strict result based management in project delivery.
In recognition of this effective approach, the ICJ has been awarded, during its long history, some of the most prestigious international awards: the Council of Europe Human Rights Prize, the United Nations Award for Human Rights, Erasmus Prize, Carnegie Foundation Wateler Peace Prize.
In 2018, the ICJ provided local trainings on five continents to assist 4,300 judges, lawyers and prosecutors strengthen their ability to protect and promote fundamental rights.
The ICJ has consultative status with the United Nations Economic and Social Council, UNESCO, the Council of Europe and the African Union.
Contact :
Michaël W. Sombart, Director Philanthropy & Strategic Partnerships, t: +41 22 979 38 31 ; m: +41 77 965 98 45 ; e: michael.sombart(a)icj.org
Sep 13, 2018 | Advocacy, Non-legal submissions
The ICJ prepared an oral statement on procedural safeguards and civil society’s action to prevent arbitrary detention and enforced disappearance, for the interactive dialogue with the UN Working Groups on Arbitrary Detention and on Enforced and Involuntary Disappearances.
Although the statement could not ultimately be read out due to the limited time for civil society statements at the Human Rights Council, the text can found here:
“Mr President, Chairpersons of the Working Groups,
The International Commission of Jurists (ICJ) welcomes the focus of the report of the Working Group on Arbitrary Detention on “Linkages between arbitrary detention and instances of torture and ill- treatment”.
The ICJ shares the view of the Working Group that “safeguards … to prevent” torture and ill-treatment minimize and prevent “instances of arbitrary detention” (A/HRC/39/45, para. 59, and the view that “Judicial oversight of detention is a fundamental safeguard of personal liberty ” (A/HRC/39/45, para. 60).
The ICJ further welcomes the interim report of the Working Group on Enforced and Involuntary Disappearances on effective investigations (A/HRC/39/46), including the finding that “relatives of the disappeared have proven to be essential in the context of investigations and should have the right to know the truth … .” (para. 65)
The ICJ however stresses that these standards are not always upheld by States in their policies and actions.
For example, in Turkey, judicial review of detention is carried out by Judgeships of the Peace whose independence is highly questionable.
Finally, with regard to enforced disappearances, the ICJ is very concerned by the actions of Turkish authorities prohibiting the Saturday Mothers to hold their weekly protests in Galatasaray Square (Istanbul) in memory of their disappeared, in breach of their right to freedom of assembly.
Events of this kind seriously weaken the procedural safeguards and the action of civil society to protect and promote the prohibition of arbitrary detention and ensure accountability against enforced disappearances.
The ICJ urges the Council to address these worrying developments.
I thank you.”
HRC39-OralStatement-WGADWGEID-2018-draft-ENG (download the statement)
Jul 26, 2018 | News, Op-eds
An opinion piece by Kingsley Abbott, ICJ Senior Legal Adviser in Bangkok, Thailand.
Over recent decades, international observers have tended to view the human rights and political situation in Cambodia as a series of predictable cycles that does not warrant too much alarm.
The conventional wisdom has been that Prime Minister Hun Sen and his government routinely tightens their grip on the political opposition and civil society in advance of elections before relaxing it again after victory has been secured.
But that analysis is no longer valid.
The reason is simple: During the course of ensuring it will win the national election scheduled for this Sunday (29 July), Hun Sen’s ruling Cambodian People’s Party (CPP) has, since the last election, systematically altered the country’s constitutional and legal framework – and these changes will remain in place after the election has passed.
Through the passage of a slew of new laws and legal amendments inconsistent with Cambodia’s obligations under international law, and the frequent implementation of the law to violate human rights, the legal system has been weaponized to overwhelm and defeat the real and perceived opponents of the CPP, including the political opposition, the media, civil society, human rights defenders and ordinary citizens.
This misuse of the law is a significant development in the history of modern Cambodia and represents a determined move away from the vision enshrined in the historic 1991 Paris Peace Agreements that ended years of conflict and sought to establish a peaceful and democratic Cambodia founded on respect for human rights and the rule of law.
And it risks cementing the human rights and rule of law crisis that now exists within Cambodia for years to come.
To facilitate the closure of civil society space, and contrary to international law and standards, in 2015 the Law on Associations and Non-Governmental Organizations (LANGO) was passed, which requires the mandatory registration of all NGOs and Associations, provides the government with arbitrary powers to deny or revoke registration, and places a vaguely worded duty on NGOs and associations to “maintain their neutrality towards political parties”.
The biggest blow to the political opposition has been the amendment last year of the Law on Political Parties (1997), amended twice within four months, which empowers the Supreme Court to dissolve parties, and four election laws, which permits the redistribution of a dissolved party’s seats in the country’s senate, national assembly, and commune and district councils.
Last November, the Supreme Court, presided over by a high-ranking member of the CPP, used the amended Law on Political Parties to dissolve the main opposition party, the Cambodia National Rescue Party (CNRP), which had received just under 44% of the vote – or about 3 million votes – in communal elections held in June 2017.
After the CNRP’s dissolution, the amended election laws were then used to redistribute CNRP seats at every level of government, from the commune to the senate, to the CPP and minor parties.
To silence the media, the country’s media and taxation laws have been invoked – local radio stations have been ordered to stop broadcasting Radio Free Asia and Voice of America “in order to uphold the law on media” and the independent Cambodia Daily was forced to close after being presented with a disputed US $6.3 million tax bill which the Daily claimed was “politically motivated” and not accompanied by a proper audit or good faith negotiations.
To curb the exercise of freedom of expression, the Constitution has received vaguely worded amendments placing an obligation on Cambodian citizens to “primarily uphold the national interest” while prohibiting them from “conducting any activities which either directly or indirectly affect the interests of the Kingdom of Cambodia and of Khmer Citizens”.
Meanwhile individual journalists, members of the political opposition including the CNRP’s leader, Kem Sokha, human rights defenders and an Australian documentary filmmaker have been charged with any number of a kaleidoscope of crimes ranging from intentional violence and criminal defamation to treason and espionage.
And Cambodia lacks an independent and impartial judiciary.
In 2014, three “judicial reform laws” were passed which institutionalized the prosecution and judiciary’s lack of independence from the executive.
At the same time, the government perversely uses the doctrine of the “rule of law” to justify its actions.
Just hours after the Supreme Court dissolved the CNRP, Hun Sen announced that the decision was made “in accordance with the rule of law.”
When members of the diplomatic community and senior UN officials meet government officials to express concern at the increasing misuse of the law they receive an absurdist legal lecture on the “importance of the rule of law”.
What is happening in Cambodia is the opposite of that.
The International Commission of Jurists, UN authorities and others have been defining the rule of law since the Universal Declaration of Human Rights was pronounced in 1948.
All agree that that the rule of law entails passing and implementing laws consistent with a country’s international human rights obligations.
It is time for the international community to recognize that a frank and fresh analysis of the situation in Cambodia is urgently required which acknowledges the way the country’s underlying legal and constitutional framework has been deliberately altered, and the way in which this will impact the country adversely long past this month’s election.
This acknowledgment must be accompanied by a coherent and, where possible, joint, plan of action that clearly sets out, with a timeline, what is required to bring Cambodia back on track with the agreed terms of the Paris Peace Agreements – including necessary legal and justice sector reforms – and the political and economic consequences for not doing so.
As long as Hun Sen’s Government deploys increasingly sophisticated justifications for its repressive actions, a more refined, multilayered and vigorous response from the international community is required – grounded on a proper application of the rule of law and Cambodia’s international human rights obligations.
