Sep 30, 2019 | Agendas, Events, Uncategorized
Today, in the framework of the EU funded project “Enhancing legal protection of migrants rights in Kazakhstan”, the Legal and Policy Resource Center (LPRC) and the ICJ began a series of three trainings linked to this issue for lawyers and civil society organizations.
Three two-day trainings on “International and national Law on the protection of migrants in legal practice” will take place from 30 September to 5 October in Nur-Sultan, Shymkent and Almaty.
The trainings will address international and national law and standards relevant to the protection of the rights of migrants, including in situations of expulsion and detention, as well as with regard to the respect, protection and fulfilment of their economic, social and cultural rights.
During the trainings, 100 attorneys and lawyers of non-governmental organizations from 10 regions of Kazakhstan will be trained.
Kazakhstan-Training-Agenda-MigrationIHRL-NurSultan-2019-engrus (download the agenda of the Nur Sultan training in Russian and English)
Kazakhstan-Training-Agenda-MigrationIHRL-Shymkent-2019-engrus (download the agenda of the Shymkent training in Russian and English)
Kazakhstan-Training-Agenda-MigrationIHRL-Almaty-2019-engrus (download the agenda of the Almaty training in Russian and English)
Sep 6, 2019 | News
The ICJ, along with 124 other international and domestic civil society groups from around the world have condemned the actions of Indian government in publishing an incomplete and discriminatory Assam National Register of Citizens (NRC) on 31 August, 2019.
The NRC excludes some 1.9 million people – nearly 6 percent of the population of Assam – thereby rendering them at risk of statelessness. The statement points to violations of rights to equality and non-discrimination, as the process has disproportionately affected Muslims of Bengali descent, undocumented women and children as well as other minorities.
The groups call on India to take measures to redress the situation in a non- discriminatory and non-arbitrary manner, with full regard to due process rights and a commitment to protect the right to a nationality and to avoid statelessness of all long-term residents and their children.
Arbitrary deprivation of nationality is a human rights violation, which undermines the enjoyment of the human rights of those affected and their ability to participate fully in society. International law prohibits the arbitrary deprivation of nationality and obliges States to avoid statelessness, while guaranteeing the right of every child to acquire and preserve their nationality and to be protected from statelessness.
In 2015, the Assam state government, pursuant to a Supreme Court decision, announced it would initiate a process of updating the NRC, requiring every person in Assam who recognized themselves as an Indian citizen, to submit proof of their ancestry (or birth) in the country pre-dating 1971, the year that Bangladesh was formed. The act of requiring individuals to prove their citizenship by providing documentary evidence dating back over 50 years, and excluding applicants on the basis of their inability to fulfill this evidentiary burden, has led to arbitrary deprivation of nationality, contrary to Article 15 of the Universal Declaration of Human Rights.
Further, poor birth registration rates, despite an obligation under Article 7 of the Convention of the Rights of the Child to immediately register every birth has denied numerous applicants of a critical piece of evidence to establish their citizenship. Similarly, many people who possessed the required documents, have nonetheless been penalized due to administrative errors.
Despite repeated calls to action by UN human rights authorities, India has refused to reverse the process and other States have done little to press the Indian government to reverse course.
Those excluded from the list must appeal within 120 days to Foreigners Tribunals (FT), a quasi-judicial institution mandated to determine citizenship. In essence, this implies that the government already considers those excluded from the NRC to be foreigners, and not Indian citizens.
Find the full statement, endorsed by the ICJ and 124 other international and domestic civil society groups from around the world here: https://files.institutesi.org/cso-joint-statement-on-assam-nrc.pdf
Contact:
Maitreyi Gupta (Delhi), ICJ International Legal Adviser for India, t: +91 7756028369 e: maitreyi.gupta(a)icj.org
Frederick Rawski, ICJ Asia-Pacific Director, t: +66 64 478 1121; e: frederick.rawski(a)icj.org
Sep 2, 2019 | News
In a statement, the ICJ, along with various other local and international civil society organizations and affected communities demand redress for forced evictions following visit of African Commission member and ICJ Commissioner Jamesina King.
On 27-28 August 2019 members of local communities who have endured or are at imminent risk of forced evictions in Eswatini met in Manzini to continue their advocacy efforts against forced and mass evictions. These stakeholders called on the responsible government authorities in Eswatini to take immediate measures to address the practice of forced evictions in violation of the right to housing.
The Eswatini land governance system fails Swazi people. Most land is held by the King in “trust”, other Swazi people live on title-deed land without formal recognition. Swazi people do not enjoy security of tenure and are vulnerable to forced evictions. Under international human rights law, forced evictions may only happen as a last resort, in terms of a court order, once all other feasible alternatives have been exhausted and appropriate procedural protections are in place.
Some participants in the workshop had previously submitted a report that documents forced evictions in Eswatini and engaged with the African Commission on Human and Peoples’ Rights (ACHPR) at its 63rd Ordinary Session in Banjul, Gambia in October 2018. As a follow-up, the community representatives invited ACHPR Commissioner Jamesina King to participate in their meeting in Manzini in August 2019.
“It is very obvious that the laws of Eswatini have to evolve to provide these communities with legal protection and to put an end to forced evictions,” Commissioner King told the communities. King also called for the government to declare a moratorium on forced evictions until laws have been enacted which provide sufficient protection for the right to adequate housing.
The meeting, which was facilitated and coordinated in partnership with the Foundation for Socio-Economic Justice, the International Commission of Jurists, Amnesty International and the Southern African Litigation Centre, was also attended by local civil society organizations, religious groups and concerned individuals. The participants also had the opportunity of engaging with the Eswatini Commission on Human Rights and Public Administration.
Participants included representatives from communities recently affected by evictions from affected communities, from Nokwane and the Malkerns. Representatives from communities facing imminent eviction in Mbondzela, Gege in the Shiselweni region, Vuvulane, Madonsa and Sigombeni also participated.
Participants demanded the following in conclusion of the engagement:
- A public, time bound commitment to a moratorium on forced and mass evictions.
- The enactment of legislation that explicitly prohibits forced and mass evictions in all circumstances and sets out safeguards that must be strictly followed before any eviction is carried out.
- The provision of reparations for those families who have already been subjected to forced evictions in the absence of sufficient legal protections.
“The ICJ sees the Minister of Justice Pholile Dlamini-Shakantu’s willingness to discuss forced evictions with Commissioner King as a welcome indication of the government’s openness to constructive input by the African Commission. It is hoped that the government takes heed of struggles of community members, and acts swiftly to put an end to forced evictions in Eswatini”, said Arnold Tsunga, ICJ’s Africa Director.
Find the full statement, which is endorsed by the Foundation for Socio-Economic Justice, the International Commission of Jurists, Amnesty International and the Southern African Litigation Centre here;
Eswatini-Swazi Government to End Forced Evictions-News-Webstory-2019-ENG
For more information contact:
Tim Fish Hodgson timothy.hodgson(a)icj.org +27 82 871 9905
Jul 8, 2019
1316 NGOs working on diverse human rights issues from 174 States and territories around the world are calling the #HRC41 for the renewal of the mandate of the Independent Expert on violence and discrimination on the basis of sexual orientation and gender identity.
Universal-HRC41general-debateAdvocacy-open letters-2019 ENG (full statement, in PDF)
Jun 21, 2019 | News, Publications, Reports, Workshop reports
The ICJ has today published a report on indigenous and other traditional or customary justice systems in Asia.
The report is based on discussions at the 2018 Geneva Forum of Judges & Lawyers which was convened in Bangkok, Thailand, in December.
The Bangkok meeting brought together judges, lawyers, and other legal experts from around the Asia-Pacific region, from both formal State justice systems and indigenous and other traditional or customary systems.
Participants reaffirmed the potential for indigenous and other traditional or customary justice mechanisms to contribute to the realization of equal and effective access to justice, particularly for indigenous, rural, poor and other marginalised populations.
Participants stressed the importance of sustained consultations and engagement directly with indigenous justice systems, to encourage their development in harmony with international human rights standards and in coordination with more official or formal national legal institutions.
Participants also highlighted the opportunities and risks associated with similar forms of constructive engagement with other, non-indigenous, traditional or customary justice systems. The relevance of UN Sustainable Development Goal 16 was also highlighted.
Participants further agreed that States must at the same time ensure that formal systems are also made more accessible, both in practical and in cultural terms, to relevant communities.
The report urges that, in line with the UN Declaration on the Rights of Indigenous Peoples, constitutional or other legal provisions should recognize the role of indigenous justice systems, within an overall framework for protection and promotion of international human rights standards.
Indigenous peoples and States should jointly consider means for improved coordination and collaboration between indigenous and non-indigenous justice systems, with a view to seeing the different systems work in harmony to provide effective access to justice and protection of human rights for all people.
The report cautions however, that a similar approach may or may not be appropriate in relation to certain other traditional and customary justice systems not covered by the UN Declaration on Rights of Indigenous Peoples.
The report also outlines experiences from a number of countries around the region, both in terms of existing obstacles to equal access to justice, and the possibilities for constructive engagement.
It also identifies a number of legal and policy questions of continuing controversy, including on the relationship between indigenous and other traditional or customary justice systems, and the official State justice system, and how international human rights and rule of law standards should be applied.
The UN Special Rapporteur on the Rights of Indigenous Peoples, a key participant in the Bangkok meeting, has announced that her report to the Human Rights Council in September 2019 will focus on indigenous justice systems.
The interactive dialogue on her report will be an important opportunity for States and civil society to further exchange views on the best means of implementing the relevant provisions of the UN Declaration on the Rights of Indigenous Peoples in the diversity of contexts around the world.
The Geneva Forum global and regional consultations, the Special Rapporteur’s report and associated dialogue, and the ICJ’s own research, global experience and expertise, will provide a foundation for the development by the ICJ of further legal, policy and practical guidance to be published in 2020.
The report summarizing discussions at the 2018 Forum should be read in conjunction with the separately published and periodically updated Traditional and Customary Justice Systems: Selected International Sources, which compiles relevant treaty provisions, standards, conclusions and recommendations of UN and other expert bodies, as well as the Report of the 2017 Forum.
The Geneva Forum is an annual global meeting of senior judges, lawyers, prosecutors and other legal and United Nations experts, convened by the ICJ through its Geneva-based Centre for the Independence of Judges and Lawyers, with the support of the Canton and Republic of Geneva (Switzerland) and other partners.
Each year, participants and the ICJ discuss an issue relevant to the independence and role of judges, lawyers and prosecutors, with a view to developing and disseminating practical guidance for practitioners.
Contact
matt.pollard(a)icj.org
Universal-Trad Custom Justice GF 2018-Publications-Thematic reports-2019-ENG (full report in PDF)
