Mar 28, 2019 | Advocacy, Non-legal submissions
Today, the ICJ filed a submission to the Human Rights Council’s Working Group on the Universal Periodic Review in advance of its review of Kazakhstan’s human rights record in October-November 2019.
In its submission, the ICJ considered the situation with the independence of the legal profession in Kazakhstan and provided information on the status of international human rights treaties ratified by Kazakhstan.
The ICJ called on the Human Rights Council and the Working Group to recommend Kazakhstan:
• to amend the current legislation to ensure that representatives of the executive, such as the Ministry of Justice, are not included in the disciplinary bodies of the legal profession;
• to amend the current legislation to ensure that the qualification procedures are fully governed by the legal profession in Kazakhstan in line with international law and standards on the role of lawyers; in particular, the Qualification Commissions should be bodies of the Bar Association while their composition should predominantly consist of lawyers delegated by the Bar Association itself;
• to ensure that as the main stakeholder in any reforms affecting the legal profession, the Bar Association participates in such reforms in a meaningful way;
• to take effective measures to prevent further interference by the executive and law enforcement bodies in the exercise of lawyers’ professional duties, in particular prevent the practice of bringing disciplinary complaints against lawyers solely for their defence of their clients or legitimate exercise of their right of freedom of expression;
• to ensure that the right of lawyers to freedom of expression is respected, especially in regard to matters of public interest and law.
Furthermore the ICJ suggested:
• To ratify the Agreement on the Privileges and Immunities of the International Criminal Court.
• To ratify the Optional Protocol to the Covenant on Economic Social and Cultural Rights and International Convention on the Protection of the Rights of All Migrant Workers and Members of their Families as well as the Second Optional Protocol to the International Covenant on civil and Political Rights.
Kazakhstan-ICJ UPR 2019-Advocacy-Non legal submissions-2019-ENG (full text of submission, in PDF)
Mar 25, 2019
An open letter to the UN Secretary General signed by 19 international NGOs welcomes his initiative to review United Nations operations in Myanmar, and calls for the review to be open and transparent.
At a time when the protection and promotion of human rights around the world is under increasing threat, a strong, transparent, effective, and accountable UN is essential.
Download the letter here: Myanmar-Letter UNSG-Advocacy-open letters-2019-ENG
Mar 22, 2019 | News
The ICJ today strongly welcomed the renewal of the key UN expert on counter-terrorism and human rights, on terms that maintain the mandate’s independence, integrity and its essential focus on human rights.
The renewal of the mandate of the Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism, was enacted by a resolution adopted by consensus at the UN Human Rights Council in Geneva.
To acheive this successful outcome, Mexico (which leads the resolution) and other States had to defend the text of the resolution against attempts by Egypt and other States to insert language aimed at diluting, distorting or distracting the mandate from its current focus on preventing and responding to violations of human rights and on securing respect, protection and fulfilment of the human rights of victims of terrorism.
The Special Rapporteur delivers thematic reports to the Human Rights Council, carries out visits to countries, and acts on individual complaints. In the overall counter-terrorism architecture of the UN, the Special Rapporteur is also the only person with an exclusive independent mandate to remind States of their human rights obligations while countering terrorism, to advise them how to do so, and to draw public attention when they do not. So any dilution of the mandate would have also put the integrity and efficacy of the overall UN counter-terrorism strategy and architecture at risk.
Following the adoption of the mandate renewal resolution by the Council, the ICJ and other organisations expressed its deep appreciation for Mexico’s efforts, together with the strong support of numerous other States, to secure the future of the mandate.
The resolution text is available here: https://undocs.org/A/HRC/RES/40/16
Additional background is here.
Mar 21, 2019 | News
In a letter to Assistant Secretary-General for Human Rights, Andrew Gilmour, the ICJ, the American Civil Liberties Union (ACLU) and the International Service for Human Rights (ISHR) call on the UN to address a clear case of intimidation and threat of reprisal by U.S. Secretary of State Michael Pompeo.
In remarks to the press on 15 March 2019, Pompeo explicitly threatened to revoke or deny visas to International Criminal Court (ICC) personnel who attempt to investigate or prosecute alleged violations committed by American nationals or against citizens of U.S. allies.
The ASG is mandated to lead efforts within the UN system to end all intimidation and reprisals against those cooperating with the UN on human rights. In keeping with this mandate, the ACLU, ICJ and ISHR call on the ASG to take urgent action, including by publicly denouncing the comments, and urging U.S. representatives to refrain from adopting any legislation, policy or practice that has the effect of undermining unhindered access to and communication with the ICC and other international bodies.
The letter states that ‘The purpose of the visa restrictions is to block and deter legitimate criminal investigation into serious crimes under international law. Not only might they have a chilling effect on ICC personnel and others advocating for accountability, but they will set a dangerous precedent with serious implications on the overall fight for impunity, especially the right of victims and their legal representatives to seek justice and reparations without fear of retaliation.’
A similar communication has also been sent to three UN experts – the Special Rapporteurs on the situation of human rights defenders, on the independence of judges and lawyers, and on the promotion of truth, justice, reparation and guarantees of non-recurrence. The experts are similarly called on to publicly denounce the comments and send a formal communication to the U.S.
“The policy announced by Pompeo is part and parcel of a concerning attack by the current U.S. administration on multilateralism, international rule of law, and global and regional bodies mandated to monitor and investigate human rights violations and fight impunity,” said Sam Zarifi, Secretary General of the ICJ.
Pompeo’s announcement comes on the heels of threats made by U.S. National Security Advisor John Bolton in a 10 September 2018 speech to the Federalist Society.
In that instance, Bolton explicitly threatened ICC judges, prosecutors, and personnel if they proceed with an investigation into alleged war crimes committed by U.S. military and intelligence forces in Afghanistan, as well as any company or state that assists the ICC.
“This is an unprecedented attempt to skirt international accountability for well-documented war crimes. It reeks of the very totalitarian practices that are characteristic of the worst human rights abusers, and is a blatant effort to intimidate and retaliate against judges, prosecutors, and advocates seeking justice for victims of serious human rights abuses,” said Jamil Dakwar, Director of the ACLU’s Human Rights Program.
The letter cites Human Rights Council Resolution 36/21 and the UN Declaration on Human Rights Defenders, which reaffirm the right of everyone, individually and in association with others, to unhindered access to and communication with international bodies.
“This latest attack by the US demands the strongest response from the UN, which until now has remained silent on the US’ bullying of the ICC,” said Madeleine Sinclair, Legal Counsel and New York Director of ISHR.
“Pompeo’s threats are a blatant violation of the right to cooperate with the ICC, undermine the ICC’s effectiveness and credibility, and amount to an attack on the international system itself,” she added.
Contact:
Sam Zarifi, International Commission of Jurists, e: sam.zarifi@icj.org ; t: +41 22 979 38 00
Abdullah Hasan, American Civil Liberties Union, e: ahasan@aclu.org, t: +1-646-905-8879
Madeleine Sinclair, International Service for Human Rights, e: m.sinclair@ishr.ch, t: +1-917-544-6148
Mar 20, 2019 | Advocacy, Non-legal submissions
The ICJ today joined other NGOs in addressing the UN Human Rights Council session in Geneva, on the situation for human rights in Guatemala.
The statement, delivered by Franciscans International on behalf also of ICJ and other NGOs, read as follows (translation of Spanish original):
“We welcome the High Commissioner’s Report concerning the activities of her Office in Guatemala. We share the concerns and recommendations in the report, especially those related to the indigenous peoples, migrants and legislative initiatives that would impact in the full enjoyment of human rights.
As it was highlighted in the report, we are also concerned by the current discussions on the initiative to reform the National Reconciliation Law. This reform would give amnesty to those who committed serious crimes during the armed conflict, including those who have already been convicted. This puts at risk not only the fulfillment of the state’s obligations to end impunity, but also the security and access to justice of hundreds of victims and witnesses. Guatemala should dismiss immediately the initiative and refrain from promoting any other initiative that would promote impunity.
Additionally, the political and social tensions are intensifying towards the upcoming elections, and the inclusion of various groups, especially indigenous peoples, is at risk. Currently there is a low participation and representation of indigenous peoples in the political scene of the country. Out of 178 seats in the Congress, only 18 are occupied by Mayans (from which only two are women). The State must guarantee free participation, without intimidation or threats, of indigenous peoples running for different positions.
Lastly, the regional human rights situation of migrants is aggravating and the response by Guatemala, as evidenced in the last months, shows the lack of an effective policy to deal not only with migrants in transit, but also to create conditions to prevent forced migration of Guatemalans.
We thank the work that the Office of the High Commissioner for Human Rights has done, and we stress the importance of its activities in the country.”
The full statement may be downloaded in English and the original Spanish, in PDF format, here: HRC40-OralStatement-GDitem2-Guatemala-2019-EN-ESP
