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.”
Mar 20, 2018 | Advocacy, Non-legal submissions
The ICJ today spoke at the Human Rights Council about the creation of a UN database of business enterprises involved in Israeli settlements in the Occupied Palestinian Terrority (OPT).
The statement, delivered in general debate under item 7 of the Council agenda, read as follows:
“Regarding the Report on a Database of business enterprises involved in listed activities in the settlements on the Occupied Palestinian Territory (A/HRC/37/39), the ICJ recognizes that considerable progress has been made, but considers that the normative and methodological frameworks of the database would benefit from incorporating an analysis of corporate complicity under international law, in addition to the existing references to the UN Guiding Principles on Business and Human Rights.
The ICJ stresses that a transparent process and strong due process safeguards in relation to companies alleged to be involved are essential and notes the efforts of the OHCHR in this regard.
All States, including the home States of the companies involved, have a responsibility to prevent companies from operating in breach of international law. Businesses themselves should see the database as an opportunity to more proactively incorporate respect for human rights within their policies and operations.
The database should contribute to global efforts to hold all business enterprises accountable for their role in violations of human rights and humanitarian law. Indeed, the ICJ urges all States, including those that have supported the creation of this database, to support and give due attention to addressing the human rights impacts of businesses in their own territories as well as global operations of businesses for which they are the home State.”
Video of the statement is available here:
Mar 14, 2018 | Events, Multimedia items, News, Video clips
Today, the ICJ highlighted threats to and defenders of the rule of law around the world, at a side event to the UN Human Rights Council, at the Palais des Nations in Geneva.
The rule of law is under attack and human rights and human rights defenders everywhere are at risk, whether as targets or “collateral damage”.
The human rights movement has overcome similar challenges in the past. This side event to the 37th session of the Human Rights Council discussed the situation today and lessons from the ICJ’s history since its founding in 1952.
ICJ’s regional directors, gathering in Geneva from around the world, provided a unique snapshot of the “state of the world” for rule of law and human rights, from ICJ’s position on the global frontlines of the struggle to defend essential legal safeguards:
• Saïd Benarbia, Director for Middle East North Africa
• Ramón Cadena Rámila, Director for Central America
• Róisín Pillay, Director for Europe and Central Asia
• Frederick Rawski, Director for Asia and Pacific
• Arnold Tsunga, Director for Africa
Moderator: Saman Zia-Zarifi, Secretary General
In addition to highlighting the global and regional trends, specific examples for discussion included Azerbaijan, Cambodia, China, Egypt, Guatemala, Honduras, Hungary, Kenya, Lesotho, Libya, Myanmar, the Philippines, Poland, the Russian Federation, South Sudan, Swaziland, Syria, Thailand, Turkey, the United States of America, Venezuela and Zimbabwe.
For more information, contact un@icj.org
Watch the video:
https://www.facebook.com/ridhglobal/videos/10157996747579616/
Universal – Rule of law frontlines – News – Event – 2018 – ENG (Event flyer in PDF)
Mar 9, 2018 | Advocacy, Non-legal submissions
The ICJ today delivered an oral statement to the UN Human Rights Council, highlighting the need for substantive discussions towards a treaty on business and human rights to be transparent, broad-based with clear timelines.
The statement, which was made during the General Debate on item 3 with the Human Rights Council, read as follows:
Mr President,
Regarding the “Report on the third session of the open-ended intergovernmental working group on transnational corporations and other business enterprises with respect to human rights” (A/HRC/37/67), the ICJ notes with satisfaction the holding of the third session and congratulates the participants, especially the wide participation of civil society groups. The ICJ calls on States from all regions to engage meaningfully in the important work of the OEWG.
The discussions during the third session confirm the need for an international treaty in the area of business and human rights to fill the existing normative and legal protection gaps. Recent years have seen little improvement in this area despite the growing State and business discourse about policies and commitments. Harassment and attacks on human rights defenders that work in the area of corporate accountability have increased and the difficulties for victims of abuse to have access to an effective judicial remedy persist, especially at the transnational level.
The ICJ calls for a transparent and broad-based consultation process with clear timelines to move in the direction of a draft treaty on the basis of the document “Elements for a treaty” presented by the Chairperson –Rapporteur. The ICJ calls on all States and stakeholders to engage responsibly in this process to enable the fourth session of the Working Group to focus on substantive negotiations overcoming divisions on procedure and politics.
Thank you.
Mar 1, 2018 | Events, News
This side event at the Human Rights Council takes place on Friday, 2 March, 10:00-11:30, room XXI of the Palais des Nations. It is organized by the World Organization Against Torture (OMCT) and co-sponsored by the ICJ.
On January 18 Turkey extended the state of emergency for the sixth time since it was initially imposed following a failed coup attempt in July 2016.
Current emergency measures grant highly discretionary powers to the executive and its administrative authorities in many areas, in derogation from human rights safeguards and rule of law principles, posing great challenges for the protection from torture.
On the occasion of the release of the Special Rapporteur on Torture’s country visit report on Turkey, this side-event, organized by the World Organisation Against Torture (OMCT) in partnership with Human Rights Watch (HRW) and the International Commission of Jurists (ICJ), aims to discuss the implications of the state of emergency on the fight against torture in Turkey and to provide recommendations to ensure that the emergency measures do not become permanent.
The panel discussion will be followed by a Q&A session with the public.
Panelists:
UN Special Rapporteur on Torture and Other Cruel, Inhuman, or Degrading Treatment
Human Rights Association in Turkey (IHD)/Euromed Rights’s Executive Committee Member
Senior Legal Adviser, International Commission of Jurists (ICJ)
Moderator:
Stella Anastasia
Human Rights Adviser World Organization Against Torture (OMCT)
Turkey – Protection from Torture – News – Events – 2018 – ENG (flyer in PDF)
