Dec 14, 2023
On 14 December 2023, the International Commission of Jurists (ICJ) filed a submission for the preparation by the UN Human Rights Committee of a List of Issues (LOI) for the examination of Viet Nam’s fourth periodic report under the International Covenant on Civil and Political Rights (ICCPR).
During its 140th session, from 4 to 28 March 2024, the Human Rights Committee will prepare and adopt a LOI featuring a number of questions addressed to the State party.
Once adopted, the LOI will be transmitted to the State party. Replies to the LOIs are to be provided in writing before the dialogue between the Committee and Viet Nam’s delegation that will take place during the Committee’s review of the State party’s implementation of and compliance with the provisions of the ICCPR at a forthcoming session of the Committee.
The ICJ’s submission to the Committee highlights a number of ongoing human rights concerns with respect to the country’s implementation of and compliance with the provisions of the ICCPR, which are not adequately addressed in State’s report.
In addition, the submission formulates certain questions and recommends that the Committee should include them in its LOI and address them to the Government of Viet Nam, including on the following pressing human rights concerns:
- The right to freedom of expression and information and to privacy (articles 19 and 17);
- The death penalty (articles 6 and 7);
- The independence of the judiciary and the right to a fair trial (article 14); and
- The right to an effective remedy (article 2(3)).
The submission is available in PDF here.
Nov 1, 2023 | News
The International Commission of Jurists (ICJ) made a submission to the UN Committee on the Elimination of Racial Discrimination in view of the Committee’s examination of the Combined Ninth to Eleventh Periodic Reports of South Africa under Article 9 of the International Convention on the Elimination of All Forms of Racial Discrimination (ICERD). The submission focussed primarily on the treatment of non-citizens with reference to the 2019 National Action Plan and on South Africa’s violations of the right to access health care and treatment, the right to work, as well as on concerns around residence and humanitarian protection for Zimbabweans.
The following are among some of the recommendations featured in the submission, which ICJ addressed to the South African government, to tackle a number of violations of the ICERD:
- Enact legislation that permits trained attorneys who are non-citizen/non-permanent residents to be admitted into the South African legal profession. Remove unequal practices and policies that discriminate against non-citizens and deny or undermine their ability to work in their chosen profession. Promote and advance the rights to work, to free choice of employment, to just and favorable conditions of work, to protection against unemployment, to equal pay for equal work, to just and favorable remuneration;
- Acknowledge that, based on the demographics of South Africa’s migration trends, discrimination based on national origin and citizenship status carries a quality of xenophobia and racial discrimination and should be recognized as unconstitutional and a violation of South Africa’s obligations under the Convention;
- Halt the termination of the ZEP programme and institute a pathway toward permanent residency for the 178,000 Zimbabweans who have lived and worked in South Africa for over a decade under the ZEP programme; and
- Extend the ruling that found denying access to public healthcare for non-citizen mothers, lactating mothers and children under the age of six is unconstitutional so as to ensure that denial of access to public healthcare to any individual in South Africa is unconstitutional;
- Formalize the informal economy by ensuring that informal economy workers are catered for under labour, occupational health and safety, social protection and non-discrimination laws;
- Ensure that by-laws and regulations comply with the right to work and the right to non-discrimination in the South African Constitution and under the Convention.
The following organizations have endorsed this submission:
- Lawyers for Human Rights
- Section 27
- Centre for Applied Legal Studies
- Health Justice Initiative
- Kopanang Africa Against Xenophobia
- Solidarity Centre
- The Consortium for Refugees and Migrants in Southern Africa.
Download the submission
Oct 13, 2023 | News
Geneva, 13 October 2023
In this statement, the International Commission of Jurists (ICJ) looks back at five weeks of consideration of a wide range of country situations and human rights thematic concerns, and at intense negotiations during the 54th session of the United Nations Human Rights Council (HRC) that ended today in Geneva.
This session resulted in some positive actions for the protection and promotion of human rights and for accountability for grave human rights violations. However, States also failed to address the dire human rights situation in a number of countries. They also failed to support unanimously a number of important initiatives towards the greater enjoyment of human rights for all without discrimination.
Welcoming the renewal of a number of Special Procedures’ mandates
The ICJ welcomes the renewal of a number of Special Procedures’ mandates on both country situations and themes. In particular, the mandates on the situation of human rights in Afghanistan, Cambodia and Russia have been extended. With regard to thematic mandates, the ICJ particularly salutes the adoption of resolutions enabling the continuation of the work of the UN Special Rapporteur on Truth, Justice, Reparation and Guarantees of Non-Recurrence, as well as of the Working Group on Enforced or Involuntary Disappearances. With respect to this, the ICJ considers it very positive that the resolution on Enforced or Involuntary Disappearances explicitly encourages States to participate in the upcoming world congress to promote the ratification of the International Convention for the Protection of All Persons from Enforced Disappearance in 2024.
Continued intergovernmental negotiations on the issue of private security companies
The ICJ is actively engaged in supporting the elaboration of new standards to enhance human rights protection in respect of the activities of private military and security companies. In this context, the ICJ has followed the HRC’s thematic debates on both the use of mercenaries and the work of the intergovernmental working group tasked with the elaboration of a new regulatory framework on private military and security companies. In light of this, the organization welcomes the renewal of the mandate of the intergovernmental working group to negotiate such standards.
Celebrating the creation of a new investigative mechanism on the situation in the Sudan
The ICJ applauds the creation of a robust independent international fact-finding mission on the human rights and humanitarian crises resulting from the ongoing armed conflict in the Sudan. The ICJ had joined a group of 120 civil society organizations that sent a letter to States, on 1 September 2023, in advance of the HRC session, urging the creation of such an independent investigative mechanism.
Adoption of important thematic resolutions
The ICJ also considers that the adoption of a new resolution providing more capacity for the Office of the UN High Commissioner for Human Rights (OHCHR) to support States in the realization of economic, social and cultural rights (ESCR) is a positive step.
However, the ICJ urges States to ensure:
• respect for the independence of the OHCHR in carrying out additional work in this area;
• that ESCR be treated on an equal footing with other human rights; and
• that any new work builds upon the existing work carried out by the HRC and by the OHCHR for several decades in this area.
After intense negotiations, the HRC eventually adopted the resolution on preventable maternal mortality and morbidity and the one on the question of the death penalty. Fortunately, all amendments aimed at weakening human rights protections in both texts were defeated.
However, the ICJ deplores the persistence of ploys intentionally engineered during the negotiations of these two resolutions, which, if successful, would have been detrimental to the enjoyment of women and girls’ human rights, including to sexual and reproductive health and comprehensive sexuality education. In addition, purported concern over States’ sovereignty negatively impacted a number of debates and threatened to impair progress in the protection of universal human rights.
Regretting the inability of the HRC to address key situations
These controversies took place at a very polarized HRC session and reflect the broader geopolitical realities and ideological tensions worldwide.
In this regard, the ICJ regrets that the HRC failed to continue the mandate of the International Commission of Human Rights Experts on Ethiopia. This commission was established to respond to the dramatic human rights situation after the conflict between the Federal Government and the Tigray People’s Liberation Front (TPLF) broke out in 2020. Since then, widespread violations of human rights and serious violations of international humanitarian law have been committed in Tigray, Amhara and Afar in northern Ethiopia. As the situation is deteriorating even further, the failure of the HRC to renew the mandate of the Commission terminates the international independent investigation of atrocity crimes committed in the context of this conflict and is an abject dereliction of duty on the part of Member States of the HRC.
With regard to Afghanistan, while the extension of the mandate of the Special Rapporteur on the human rights in the country, with additional resources to carry out his work, is an important measure towards monitoring the dire human rights and humanitarian situation, the ICJ deeply regrets that the HRC was not able to give a response commensurate with the gravity of the situation and failed to create a robust independent accountability mechanism to investigate, collect and preserve evidence of the widespread and systematic human rights violations and atrocities crimes committed in the country.
Last but not least, the ICJ regrets that the Council could not take action on the violations of international human rights law and international humanitarian law committed by all parties in Israel and the OPT since the attacks in Israel by Palestinian armed groups started on 7 October 2023.
https://www.icj.org/israel-occupied-palestinian-territory-immediately-end-attacks-on-civilians/
Oct 12, 2023
On 11 October 2023, the International Commission of Jurists (ICJ) made two submissions to the UN Human Rights Council’s Working Group on the Universal Periodic Review (UPR) in advance of its review of Cambodia’s human rights record in April – May next year.
In its first submission, the ICJ draws the attention of the Human Rights Council’s Working Group on the UPR to a number of serious human rights concerns in Cambodia in connection with:
- Freedom of expression; and
- The independence of the judiciary and the right to a fair trial.
In addition, in its first submission, the ICJ calls upon the Working Group and the Human Rights Council to make the following recommendations to the Cambodian authorities:
On freedom of expression
- The legislature should repeal or substantially amend legal provisions that unduly restrict the right to freedom of expression – including article 443, 453, 494 and 495 of the Penal Code and the NIG Sub-Decree – to bring them in line with international human rights law and general principles of criminal law; the proposed draft Cybercrime Law and Cybersecurity Law should be withdrawn;
- The prosecuting authorities and the judiciary should immediately cease ongoing criminal investigations, drop all existing charges and revoke or otherwise reverse criminal penalties imposed against individuals for “offences” under domestic provisions that are inconsistent with Cambodia’s obligations under international human rights law guaranteeing the rights to freedom of expression and information and under general principles of criminal law; and
- Rescind the revocation of licences and access-blocking of independent media outlets that have been carried out arbitrarily without a thorough and transparent process, and refrain from imposing any further restrictions unless the revocation or blocking decision has been undertaken following a full analysis that applies international standards concerning legality, legitimate purpose, necessity, proportionality and non-discrimination, and has been authorized pursuant to an order by an independent and impartial judicial authority, in accordance with due process, and ensuring that there is a right to appeal against it.
On the independence of the judiciary and fair trial
- Safeguard, in law and in practice, the full independence and impartiality of judges and prosecutors from any form of political pressure and undue influence, including by amending the Law on the Organization of the Courts, the Law on the Statute of Judges and Prosecutors, and the Law on the Organization and Functioning of the Supreme Council of the Magistracy, with the aim to eliminating executive influence on the administration and functioning of the judiciary; and
- Ensure that fair trial rights are fully respected at both the investigation and trial stages in compliance with international law and standards, including the right to a public hearing, the right to defend themselves, the right to equality of arms, the presumption of innocence and the right to a public and reasoned judgment, all of which are rights guaranteed, inter alia, under the ICCPR.
The first submission on freedom of expression, independence of the judiciary and fair trial can be downloaded here.
In its second submission, made jointly with Land Watch Thai, the ICJ draws the attention of the Human Rights Council’s Working Group on the UPR to human rights violations and abuses in the context of and resulting from the establishment and development of Special Economic Zones (SEZs) in Cambodia.
In its second submission, the ICJ and Land Watch Thai call upon the Working Group and the Human Rights Council to make the following recommendations to the Cambodian authorities:
- Adopt a human rights-based approach to development projects, such as SEZs, grounded in processes and safeguards to ensure that decisions about those projects are made with adequate and meaningful consultations and genuine participation of the individuals and communities concerned, including the free, prior and informed consent of indigenous peoples, in compliance with the requirements of international law and standards;
- Ensure that business entities operating in or domiciled in Cambodia systematically conduct consultations and carry out human rights due diligence, including independent environmental impact assessments, to prevent and/or mitigate the risks of negative impacts of their operations on the exercise of human rights;
- Adopt a national action plan on business and human rights while ensuring that both the formulation and implementation processes involve all interested parties, including representatives of businesses, CSOs, indigenous peoples and the most affected communities;
- Ensure transparency by making information and documents related to large development projects, such as the SEZs, publicly available;
- Ensure that legislation protecting labour rights is effectively applied to all sectors and all workers, including by addressing the practice of engaging in short-term employment contracts as a means of bypassing various social protection laws or restricting union activities by employers;
- Ensure that workers, including in the context of SEZs, enjoy the right to just and favourable conditions of work as guaranteed by international law, and urgently investigate, prosecute, and address reports of human trafficking and forced labour in SEZs;
- Ensure that the minimum wage is applied to all sectors of the labour market and that all workers receive a minimum wage that enables them to enjoy a decent standard of living for themselves and their families;
- Ensure that all workers are able to exercise their right to freedom of association and collective bargaining without undue restrictions, intimidation, violence, harassment, or risk to their personal security or lives, as well as address barriers to registering and joining unions. To this end, revise the 2016 Trade Union Law to ensure compliance with international labour law and standards;
- Ensure that evictions are only carried out as a last resort after all other feasible alternatives have been explored, including in the context of SEZs. Procedural protections required under international human rights law should be in place before any evictions are carried out, in particular, requirements on genuine consultation, due process safeguards, provision of legal remedies, compensation and adequate alternative housing. Such protections should also be explicitly guaranteed in the Land Law and the Anukret (Sub-Degree) No. 148, as well as other domestic legal and institutional frameworks to prevent forced evictions; and
- Ensure that effective, prompt and accessible judicial and non-judicial remedies are provided to those who are affected by the implementation of large development projects, including SEZs.
The second submission on SEZs can be downloaded here.
Oct 12, 2023
On 11 October 2023, the International Commission of Jurists (ICJ) made a submission to the UN Human Rights Council’s Working Group on the Universal Periodic Review (UPR) in advance of its review of Vietnam’s human rights record in April – May next year.
In its submission, the ICJ draws the attention of the Human Rights Council’s Working Group on the UPR to a number of serious human rights concerns in Viet Nam in connection with:
- Freedom of expression;
- The death penalty; and
- The independence of the judiciary and the right to a fair trial.
In addition, in its submission the ICJ calls upon the Working Group and the Human Rights Council to make the following recommendations to the Vietnamese authorities:
On freedom of expression
- The legislature should repeal or substantially amend legal provisions that unduly restrict the right to freedom of expression – including articles 117 and 331 of the Penal Code, Law on Cybersecurity, Decree 53, and Decree 72 – to bring them in line with international human rights law; and the proposed enactment of a new Decree 72 should be shelved;
- The prosecuting authorities and the judiciary should immediately cease ongoing criminal investigations, drop all existing charges and revoke or otherwise rescind criminal penalties imposed against individuals for alleged violations of domestic provisions, particularly with respect to domestic criminal provisions that are inconsistent with general principles of criminal law and Viet Nam’s obligations under international human rights law, including those guaranteeing the rights to freedom of expression and information;
- The government should refrain from restricting or blocking online content unless the blocking decision has been undertaken following a full analysis that applies international standards concerning legality, legitimate purpose, necessity, proportionality and non-discrimination, and has been authorized pursuant to an order by an independent and impartial judicial authority, in accordance with due process with the express guarantee of the right to appeal.
On the death penalty
- Halt all impending executions of individuals and commute their sentences; impose an immediate moratorium on the use of the death penalty with a view to abolishing capital punishment;
- Ensure that there is sufficient transparency with respect to the death penalty, including through making sure that essential information relevant to a specific planned execution be promptly provided to death row prisoners and their families, and making publicly available information regarding death sentences, notifications and executions.
On the independence of the judiciary and fair trial
- Take immediate steps to safeguard, in law and in practice, the full independence and impartiality of the judiciary from any form of political pressure and influence, and ensure transparent and impartial processes for appointments to the judiciary;
- Ensure that the right to a fair trial be fully respected at the investigation and trial stages in compliance with international law and standards, including through guaranteeing the right to legal assistance pending trial, the right to adequate time and facilities for the preparation of a defence, the right to a public hearing, the presumption of innocence, the right to defence, and the right to equality of arms;
- In relation to cases where there have been allegations of ill-treatment, initiate prompt, impartial and effective investigations into all credible allegations of torture or other cruel, inhuman or degrading treatment and, when warranted by the evidence, bring the perpetrators to justice; provide victims with access to an effective remedy and reparation; and
- Cease the use of arbitrary criminal investigations against lawyers aimed at impairing their legitimate work as human rights lawyers and their right to freedom of expression. In addition, consistent with the ICCPR and UN Basic Principles on the Role of Lawyers, take all necessary measures to ensure the free exercise of the legal profession, in all circumstances, so that lawyers may exercise their legitimate professional rights and discharge their duties towards their clients and the courts without fear of reprisals and free from all undue restrictions, including harassment through abusive legal proceedings.
The submission can be downloaded here.
