Sep 21, 2019 | Advocacy
The ICJ has joined several hundred organizations working to defend human rights, the environment, and climate justice in a bold declaration setting out a vision and objectives for addressing the climate crisis and the devastating human rights and environmental impact of catastrophic climate change.
The Declaration was adopted at a gathering of the the Peoples’ Summit on Climate, Rights and Human Survival in New York on 18-19 September, which brought together some 200 representatives of Indigenous Peoples, workers, academia, environmental and human rights groups, including the ICJ.
The Declaration warns that “the climate emergency threatens human survival, the environment and the enjoyment of all human rights, for present and future generations.”
It emphasizes that governments and corporations bear the primary responsibility for acting to address and reverse the drivers of climate change.
The signatories to the Declaration agreed to 10 types of actions, including, among others, placing human rights at the core of climate activism, demanding effective access to justice for individuals and communities whose rights are impacted by the climate crisis, and support for environmental human rights defenders.
Download
Universal-Peoples Summit Declaration CC-Advocacy-2019-ENG (full declaration in PDF)
Sep 18, 2019 | Events, News
The Colombian Commission of Jurists (CCJ) and the ICJ invite you to a discussion on the strengths and challenges that the System and its institutions face. The event takes place Thursday, 19 September 2019, at 11:00 – 12:00, room XXI, in the Palais des Nations.
One of the essential elements of the peace agreement between the Colombian government and the FARC-EP was the creation of an Integral System of Truth, Justice, Reparation and Non-Repetition. This System contains a set of transitional mechanisms to protect and guarantee victims’ rights. It comprises three institutions: a tribunal called the Special Jurisdiction for Peace (JEP), a Truth commission, and a Unit to search for the missing persons. A year ago, after some delays, the three institutions have entered into operation. They all have made significant advances in fulfilling victims’ rights. However, there are still several challenges they must face to be considered successful transitional justice mechanisms.
The panel will feature:
Moderator:
- Sam Zarifi, ICJ Secretary General
Speakers:
- Philippe Texier, former judge of the Court of Cassation of France and ICJ commissioner.
- Edinson Cuéllar, Colectivo Sociojurídico Orlando Fals Borda
- Ana María Rodríguez, CCJ Senior Legal Adviser
- Rocío Quintero, ICJ Legal Adviser
Printed copies of the ICJ report “Colombia: Jurisdicción Especial para la Paz, análisis a un año y medio de su entrada en funcionamiento” will be available. (Full version in Spanish and Executive Summary in English)
A flyer for the event is available here.
Sep 10, 2019 | News
The ICJ today expressed concern that a Government anti-corruption agency has engaged in acts of intimidation against the Chairperson of the Union of the Lawyers of the Republic of Tajikistan, Saidbek Nuritdinov, and 15 other lawyers.
The intimidation apparently relates to the lawyers’ defence of Abdulaziz Abdurahmonzoda, a lawyer facing trial on charges of fraud, who was allegedly ill-treated in detention by officers of the city Department of the Agency for Financial Control and Combating Corruption of the Republic of Tajikistan (Anti-Corruption Agency).
After the lawyers representing Abdurahmonzoda alleged that he had been ill-treated, the judge of the Sino district of Dushanbe city hearing the case, Ahmadzoda Farogat, requested the Prosecutor General’s Office to investigate the allegations.
Following the initiation of the inquiry of the allegations of ill-treatment, the Head of the Anti-Corruption Agency of Dushanbe, allegedly sent requests to a number of district courts of Dushanbe to obtain information about civil and criminal cases in which Saidbek Nuritdinov had participated as a lawyer.
The requests are said to seek information such as the names and, place of residence of clients: subject matter of civil cases, and details of the charges against his previous clients. In addition, it was reported to the ICJ that Judge Akhmadzoda Farogat, transmitted a list of the fifteen lawyers and copies of their official orders, the documents authorizing the representation of the lawyer, to the Anti-Corruption Agency at its request.
The ICJ notes, that while this information is not confidential per se, previous such investigations of the Anti-corruption Agency have led to criminal prosecution and conviction of lawyers.
“In this case, representation of a lawyer subject to criminal proceedings was undertaken by a group of his colleagues, including the head of the association of lawyers, in line with professional ethics, said Temur Shakirov, Senior Legal Adviser of the ICJ. “Such representation is consistent with international standards on the role of lawyers as well as national law of Tajikistan”.
“If the investigation is related to the lawyers’ representation in the case of Abdurahmonzoda, it would constitute a means of intimidation of the lawyers. And as such it should be ceased, and the lawyers should be able to continue to act freely and diligently in accordance with the national law and international law and standards on the role of lawyers”, Shakirov added.
Background
The criminal case against lawyer Abdulaziz Abdurahmonzoda was initiated under article 247.2, of the Criminal Code (fraud) on 17 April 2019. At the court hearings observed by the ICJ, Abdurahmonzoda insisted on his innocence and alleged breaches of the criminal procedure in course of the preliminary investigation: initiation of a criminal case without legal grounds (the case was said to lack the victim’s statement about the fraudulent actions committed on the part of Abdurahmonzoda); violation of the procedure of the preliminary investigation and submission to the court of evidence knowingly obtained by illegal means. The ICJ is observing the trial.
According to the UN Basic Principles on the Role of Lawyers, governments “shall ensure that lawyers are able to perform all of their professional functions without intimidation, hindrance, harassment or improper interference” and they should not “suffer, or be threatened with, prosecution or administrative, economic or other sanctions for any action taken in accordance with recognized professional duties, standards and ethics.”(Principle 16).
Furthermore, interference or obstruction of lawyer’s activity is prohibited by the Law of the Tajikistan on Lawyers and Lawyers’ Activities. According to the law, a lawyer cannot be held liable for any opinion expressed by him/her as part of his/her lawyers’ activity, with the exception of actions that may constitute a crime. The request from lawyers or lawyer’s unions of information related to the provision of legal assistance in specific cases is not allowed.
According to the Draft Universal Declaration on the Independence of Justice (“Singhvi Declaration”), enable the Bar Association to fulfil its function of preserving the independence of lawyers, they should “be informed immediately of the reason and legal basis for the arrest or detention of any of its members or any lawyer practising within its jurisdiction”. In these cases, bar associations are “ entitled to be represented by its president or nominee to follow the proceedings and in particular to ensure that professional secrecy and independence are safeguarded”.
Sep 3, 2019 | Advocacy, News
From 1 and 2 September 2019, the UN Special Rapporteur on freedom of association and assembly, Clément Nyaletsossi VOULE, and lawyers and trade union representatives met and discussed challenges faced in Southeast Asia on exercising the right to freedom of association of workers.
The event was organized by the ICJ together with Business & Human Rights Resource Centre (BHRRC), and supported by the Office of the United Nations High Commissioner for Human Rights (OHCHR).
At the meeting’s conclusion, the participants reached a consensus to work for the development regional guidelines on freedom of association of workers in the ASEAN and agreed to form a Working Group that would be tasked to develop these guidelines. The Working Group nominated by the participants is composed of trade union representatives at the national level, lawyers, among other experts.
In his keynote speech, the Special Rapporteur emphasized that freedom of association is a fundamental right for all workers without which they lack the power to fight discrimination and injustice in the workplace. He also explained the link between the rights to freedom of association and expression, “Freedom of association is closely related to freedom of expression as they both represent opening up of space for dialogue and an enabling environment where unions can participate freely.”
The participants at the meeting were practicing lawyers from Southeast Asia focusing on labor and employment and trade unions leaders and representatives. Other participants included representatives from human rights organizations addressing business and human rights and the right to freedom of association; the ASEAN Secretariat; the International Labor Organization (ILO), the ASEAN Trade Union Council (ATUC), and the International Trade Union Confederation (ITUC).
“Shrinking political and civic space combined with inequality and social marginalization are key challenges at the heart of business-related human rights violations in Southeast Asia,” said Katia Chirizzi, Deputy Regional Representative for UN Human Rights. “Governments must implement their obligations to respect, protect and promote human rights in relation to business activities. It is equally critical to ensure that businesses meet their responsibilities to respect human rights.”
During the meeting, the participants also discussed the role of women in labour organizing and the additional challenges women face when they exercise the right to freedom of association in the workplace. Betty Yolanda, Asia Regional Manager of the Business and Human Rights Resource Center (BHRRC) said: “Women workers face multiple forms of discrimination and challenges. They are fighting for their rights as workers in the company and at the same time they are also fighting the patriarchy.”
The participants identified common challenges confronted in the region where workers’ rights to freedom of association face legal and physical limitations. Migrant workers, women workers and workers in Special Economic Zones (SEZs) were identified as being particularly at risk in exercising their rights.
“It is crucial that we discuss these challenges openly and with all stakeholders, particularly issues that affect those who work in the informal sector, and other vulnerable communities such as migrant workers. Special investment frameworks, special economic zones and other government-led initiatives meant to attract foreign investment potentially create new opportunities to increase transparency and accountability. Unfortunately, they are more often used to justify lowering human rights standards, or impose new restrictions that act to limit workers and communities abilities to express their grievances or exercise their rights to association,” said Frederick Rawski, ICJ’s Regional Director for Asia and the Pacific.
Contact:
Boram Jang, International Legal Adviser, Asia & the Pacific Programme, e: boram.jang(a)icj.org
Jul 21, 2019 | News
Today, the ICJ hosted a discussion on Thailand’s legal frameworks on corporate accountability for outbound investments in Chiang Mai, Thailand. The forum was co-organized with Earth Rights International.
Lawyers, members of civil society organizations and academics from Cambodia, Laos, Myanmar, and Thailand attended the discussion.
Participants discussed:
- corporate civil, criminal and administrative liability and in particular, the applicable laws governing the prosecution and adjudication of human rights abuses committed by Thai corporations and gaps in Thailand’s legal frameworks. The meeting also looked into recommendations to strengthen Thailand’s domestic laws to increase access to justice for victims of human rights abuses committed by Thai corporations in the context of their business activities abroad, particularly on issues such as: limited liability of shareholders and the “corporate veil” in relation to the responsibilities of Thai corporations, the complexity of laws governing joint ventures, and challenges in bringing state-owned enterprises to justice;
- jurisdiction of Thai courts in civil, criminal and administrative cases where de facto and de jure foreign subsidiaries of a Thai corporation were involved in wrongful acts or omissions abroad, and problems posed by statutes of limitation;
- tools for preventing human rights abuses by corporations such as Human Rights Due Diligence (HRDD), Transboundary environmental impact assessments (EIA), Corporate Social Responsibility (CSR) measures, and the Duty of Care principle under tort law; and
- the role of other related actors to prevent and mitigate human rights risks, including the National Human Rights Commission of Thailand (NHRCT), National Contact Points (NCPs), financial institutions and securities institutions, and provided recommendations to strengthen mandates of such organizations which would allow them to provide better protection for individuals and communities who may be affected by outbound investments.
This discussion will provide the foundation for further work and analysis by the ICJ regarding Thailand’s legal frameworks on corporate accountability for outbound investments. It will also provide the basis for ICJ strategic advocacy at the national level.
