Aug 23, 2018 | News
On 22 August, the ICJ co-organized a preparatory discussion in Bangkok for civil society organizations on Thailand’s National Action Plan on Business and Human Rights (NAP).
This event was organized one day in preparation for a formal NGO consultation event on the NAP held today.
The formal NGO consultation event was organized by the National Human Rights Commission of Thailand (NHRCT) to consider the draft NAP released by Thailand’s Ministry of Justice’s Rights and Liberties Protection Department (RLPD) in August 2018.
The ICJ hosted the preparatory discussion jointly with Community Resource Centre Foundation (CRC), Amnesty International Thailand (AI Thailand), Protection International (PI), Fortify Rights and the United Nations’ Office of the High Commissioner for Human Rights (OHCHR).
Thirty members of civil society organizations from all across Thailand attended the preparatory discussion.
Of these participants, four persons from the North of Thailand were supported by the ICJ to attend the discussion, including Ms. Arisara Lekkam, Lecturer of Law at Mae Fah Luang University in Chiang Rai, who was also a speaker at the event.
The event began with a presentation about the NAP and business and human rights issues in Thailand, during which Arisara Lekkam provided an overview of the business and human rights situation in Thailand.
Following the presentation, participants divided into groups to discuss four prioritized areas covered by the NAP: Labour, Land and Natural Resources, Human Rights Defenders and Cross-Border Investment.
At the end of the discussion, each group presented a set of recommendations on the draft NAP pertaining to each prioritized area. These recommendations will be provided to the Ministry of Justice’s RLPD.
This is the third event the ICJ has held on business and human rights in collaboration with partners from the North of Thailand.
On 22 November 2017, the ICJ, in collaboration with Chiang Mai University’s Faculty of Law, held a roundtable discussion on human rights litigation concerning special economic zones in Myanmar and Thailand.
Between 29 and 31 July 2017, the ICJ, in collaboration with Chiang Mai University’s Faculty of Law, held a workshop on ‘Introduction to Business and Human Rights & Basic Principles on Documenting Human Rights Violations” for 25 academics, NGO representatives and lawyers in Chiang Mai.
Background
During the second Universal Periodic Review of Thailand in May 2016, the Royal Thai Government accepted a recommendation to develop, enact and implement a national action plan on business and human rights in order to implement the UN Guiding Principles on Business and Human Rights.
In August 2018, Thailand’s Ministry of Justice’s RLPD, which is currently leading the development of the NAP, released a revised ‘zero draft’ of the NAP.
In line with the release of the revised ‘zero draft’, the NHRCT led the organization of a formal NGO consultation event on 23 August 2018, jointly with Thailand’s Ministry of Justice, Thailand’s Ministry of Foreign Affairs, United Nations Development Programme (UNDP) and OHCHR.
The Royal Thai Government reportedly plans to launch the NAP in September 2018.
Jul 24, 2018 | News
For many years, human rights defenders in Izabal have been the victims of persecution because of their opposition to the Phoenix nickel mining project.
This project has been operated by the Guatemalan Nickel Company (CGN), formally owned by Hudbay and now owned by the Solway Group.
“The ICJ expresses its deep concern about the persecution of human rights defenders opposing to nickel mining operations that are causing serious environmental damage and irreparable harm to the Lake of Izabal.
The local communities’ peaceful resistance contrasts with the violent repression that they face,” Ramon Cadena, Director of the Central American Office of the ICJ, said today.
Ramon Cadena added: “the Guatemalan government must urgently put an end to the criminalization and persecution of community leaders, journalists and all human rights defenders in the Department of Izabal.
Internal disciplinary measures should be taken against judges who through their acts contribute to the persecution of persons exercising their legitimate rights and freedoms.
The State should provide reparations for the harm and prejudice caused to human rights defenders by the public authorities. Furthermore, the International Commission against Corruption and Impunity in Guatemala (CICIG) should fully investigate these acts.“
Eduardo Bin Poou, Vice-President of the Izabal Fishers’ Association was recently detained and falsely accused without any evidence that he had committed any crime.
Last year, on 27 May 2017, Carlos Maas Coc, a leader of the Fishers’ Association was assassinated, and another fisherman, Alfredo Maquín Cocul, was wounded and these crimes remain in impunity today.
From 18-20 July, 2018, the ICJ carried out a visit to the Department of Izabal. On 19 July, the ICJ observed the hearing when the case against Jerson Xitumul, a community journalist, was dismissed for lack of evidence of any wrongdoing, at the Court for Criminal, Narcotics and Environmental Offences in Puerto Barrios.
The ICJ then held a meeting with the Izabal Fishers’ Association and on 20 July, the ICJ interviewed the Vice President of the same Association, Eduardo Bin Poou, arbitrarily detained in the Puerto Barrios prison.
The ICJ is deeply concerned by the role that judges in the Department of Izabal have played in the criminalization of human rights defenders.
Judge Edgar Aníbal Arteaga López has often abused his office by imposing exemplary punishments against human rights defenders.
This judge has handed down arbitrary sentences against journalists, fishermen, community leaders, land rights’ defenders and all those opposed to the nickel operations or who defend community rights in the Department.
For example, because of the arbitrary actions of Judge Arteaga, the community leader, Abelardo Chub Caal, remains in detention although there is no evidence that he has committed any crime.
There are other cases including that of Maria Magdalena Cuc Choc, from the Chabilchoch community, who was detained on 17 January 2018 in Puerto Barrios.
The single Judge for Criminal Proceedings, Narcotics and Environmental Offences in Puerto Barrios, Ana Leticia Peña Ayala, despite the evidence, absolved the retired Colonel Mynor Ronaldo Padilla González (former chief of security for the CGN nickel company) of all charges and ordered his immediate liberty.
During the court case, the Judge Peña Ayala prohibited the public and journalists from entering the court room for so-called “security reasons”, so that most of the proceedings were carried out behind closed doors. With this ruling, the assassination of Adolfo Ich remains in impunity and those responsible have not been punished.
In this same case, Germán Chub was left quadriplegic and the circumstances of the attack against him have never been resolved.
In the hearing on 19 July in the case of Jerson Xitumul, without any justification, Judge Arteaga also prohibited the presence of journalists and international and national observers in the court room.
Both judges flagrantly violated the principle of public hearings established in the Guatemalan Penal Code. A formal complaint was submitted to the Auxiliary of the Human Rights Attorney of the Department of Izabal concerning the actions of Judge Arteaga on 19 July.
The ICJ has stated on a number of occasions that the Guatemalan authorities have persecuted human rights defenders by charging them with crimes of land appropriation or aggravated land appropriation.
In this way, the Guatemalan authorities seek to criminalize the legitimate right to resist, enshrined in article 45 of the Guatemalan Constitution, accusing environmental human rights defenders and others of crimes such as incitement to crime, illegal detention, threats, damages, illicit meetings and marches and other acts. In practice, the State is penalizing the legitimate exercise of the rights of expression and association.
Jul 4, 2018 | News
The ICJ held a workshop in Mawlamyine on 3 July attended by religious leaders and youth activists from southern Mon State in Myanmar’s southeast.
The workshop aimed to facilitate discussion on strategic litigation options for communities adversely affected by existing and proposed investment projects.
The ICJ and civil society organizations have extensively documented how human rights abuses continue to occur in the context of business activities in Myanmar.
Communities generally have limited understanding of their rights, while government actors and businesses regularly flout their legal obligations.
The ICJ’s international legal adviser Sean Bain first set out applicable international standards, with a focus on the UN Guiding Principles on Business and Human Rights.
He identified Myanmar’s nascent legal framework for environmental protection as a key area of law with potential to deter rights abuses. He noted that while in December 2015 the Government of Myanmar issued the Environmental Impact Assessment Procedure, its provisions are rarely followed or enforced in practice.
Workshop participants, from two different areas of Mon State, shared experiences of community mobilization and ideas on how to use law to protect human rights.
Presentation on Corporate Social Responsibility
Prior to this workshop, also in Mawlamyine, on 29 June the ICJ’s legal adviser presented on Corporate Social Responsibility (CSR) at invitation of the national assembly of MATA, the Myanmar Alliance for Transparency and Accountability.
Introduced to Myanmar only in recent years, CSR activities are increasingly invoked by foreign and local companies as evidence of responsible investment.
But in reality, many companies doing CSR have been and continue to be involved in unlawful business activities, sometimes constituting human rights abuses.
Participants from different areas of Myanmar shared stories of businesses using CSR activities in a non-transparent way without accountability.
Cases were described where CSR has allegedly been associated with corruption, undermining trust and cohesion in communities affected by large investment projects.
The presentation from ICJ pointed out that while CSR activities are voluntary and without a specific legal framework, all businesses are subject to national law and should respect human rights in accordance with international law and standards, including the UN Guiding Principles.
Lawful conduct that respects human rights lies at the core of any responsible business, and CSR activities do not change these obligations.
These activities in Mon State are part of the ICJ’s ongoing support to civil society actors in Myanmar, from community-level up to national level actors.
Jun 25, 2018 | Advocacy, Non-legal submissions
The statement on behalf of four groups was delivered in the context of the General Debate on Item 3 during the 38th Session of the UN Human Rights Council.
The groups called all States to take up the opportunity to strengthen a multilateral approach the issue of business and human rights by joining the intergovernmental process to establish a legally binding instrument in this field.
The statement is as follows:
The current intergovernmental process to establish a legally binding instrument in the field of business and human rights offers States the opportunity to work through international cooperation and multilateral engagement to effectively address the human rights impact of business activities.
We thus urge all States –including those that have been so far reluctant to engage- to actively participate in this process.
Only constructive dialogue among all States and other stakeholders, especially the affected communities, can lead to sustainable solutions to the existing normative and protection gaps.
This 38th session of the Human Rights Council marks the 10th anniversary of its adoption of the Framework Report “Protect, Respect and Remedy”.
As we celebrate the contribution of this Framework, which led to the creation of the Guiding Principles on Business and Human Rights, we must emphasize the need to increase the international community’s response.
In the past ten years, although important work has been done in some areas and by some countries, little systemic positive change has been felt on the ground, where many individuals, especially indigenous and peasant workers and communities, continue to endure the violation of their rights without recourse to real remedy avenues.
The creation of an international legally binding framework for States to maximize action and cooperation regarding rights abuses in the context of business operations remains a compelling necessity of our times.
I thank you.
Full statement in English (PDF): Universal-HRC38-BHR-treaty-Advocacy-non-legal-submission-June-2018-ENG
Jun 25, 2018 | Advocacy, Non-legal submissions
The ICJ today spoke at the UN on the role of judicial councils, judicial independence in Turkey and Poland, and on business and human rights in Peru.
The statement was made at the UN Human Rights Council during the interactive dialogue with the Special Rapporteur on Independence of Judges and Lawyers and the Working Group on Business and Human Rights.
The statement on judicial councils and independence was made jointly with the Commonwealth Magistrates’ and Judges’ Association. The whole statement read as follows:
“Mr President,
The International Commission of Jurists (ICJ) and Commonwealth Magistrates’ and Judges’ Association (CMJA) welcome the report of the Special Rapporteur on the Independence of Judges and Lawyers (A/HRC/38/38) on the role of judicial councils and similar bodies.
Based on many decades of relevant experience around the world, we urge that:
All countries should consider establishing an independent judicial council. Reliance on constitutional customs, cultures, and traditions alone often proves insufficient if a crisis arises.
To guarantee independence, a majority of members should be judges elected by their peers. Any other members must also be independent. The Head of State, executive or legislative officials, or political candidates, should not be members. Proactive measures should address under-representation of women or persons from minority or marginalized groups.
Such bodies should be responsible for all decisions relating to the selection, appointment, promotion, transfer, discipline, suspension and removal of judges.
As an example of concern, in Turkey following constitutional reform in 2017 no member of the Council of Judges and Prosecutors is elected by their peers, contributing to a lack of institutional independence of the judiciary. We also share the concerns for lawyers in Turkey already expressed by The Law Society and other colleagues today.
On the report on the visit to Poland (A/HRC/38/38/Add.1), we concur that reforms in the name of efficiency and accountability have undermined the independence of the Constitutional Tribunal, the Supreme Court and the National Council of the Judiciary, and effectively placed the entire judiciary under “control of the executive and legislative branches” (para 74). Mr Special Rapporteur, how can other States assist in securing full implementation of your recommendations on Poland?
The findings of the Working Group on Business and Human Rights report on its mission to Peru (A/HRC/38/48/Add.2) are of great concern, that “large number of human rights defenders and local leaders” were reportedly killed, attacked or threatened for defending the environment and land rights, legitimate social protest is criminalized, and wide use of states of exception and the armed forces have lead to serious abuses. The ICJ urges Peru to implement the recommendations and asks the Working Group what it will do to follow up?
Thank you.”
