ICJ urges human rights approach to foreign fighters, solidarity with migrants, action on the Philippines

ICJ urges human rights approach to foreign fighters, solidarity with migrants, action on the Philippines

Speaking at the UN Human Rights Council in a general debate on the oral update of the High Commissioner for Human Rights, the ICJ addressed issues around “foreign fighters”, criminalisation of solidarity with migrants, and the need for international investigation of violations in the Philippines.

The statement was as follows (check against delivery):

“The International Commission of Jurists (ICJ) thanks the High Commissioner for her oral update.

The ICJ agrees that accountability for crimes under international law committed by foreign fighters is essential; equally, it must be ensured through fair procedures. Where children are concerned, their best interests must be the guiding principle. [To the extent foreign fighters are addressed in relation to counter-terrorism measures, ICJ emphasizes that not only is disregard for human rights in countering terrorism wrong and unlawful in itself, it is also ineffective and indeed itself conducive to terrorism.]

The ICJ is also concerned at the criminalisation of solidarity with migrants in Europe and elsewhere. No one should be penalised for supporting human rights, including those that States fail to uphold. On Thursday, together with the OHCHR and the Geneva Bar Association, ICJ will screen a documentary in Room XIV, the UN Cinema, showing the impact of criminalization of solidarity.

The ICJ supports calls by the High Commissioner and Special Procedures for urgent action by the Human Rights Council on the Philippines. Adoption of a resolution at the current session to establish an independent international investigation is essential.

The huge number of killings in the name of countering drugs is part of a broader pattern of impunity. For instance, at least 39 lawyers have also been killed under the current administration, some of whom were representing victims of human rights violations. A fully independent national commission of inquiry and measures actually to bring perpetrators to justice are also needed to end the pervasive culture of impunity.”

Kashmir: a permanent state of exception – Side event at the UN

Kashmir: a permanent state of exception – Side event at the UN

This side event will take place on Friday 28 June 2019, from 13:00-14:00, in Room XXI, at the Palais des Nations.

There has been an increase in serious human rights violations in Kashmir, particularly since 2016. This has coincided with shrinking space for human rights reporting and advocacy at the national level, with human rights defenders facing unprecedented threats and reprisals.

The escalating violence, coupled with systemic impunity for perpetrators, has made it imperative for the human rights situation in Kashmir to be highlighted at the international level, including at the UN.

This event aims to bring to the forefront the human rights aspect of the conflict and discuss possible strategies through which the international community can play a more effective role in ensuring the promotion and protection of human rights in the region.

Keynote Address
Hon. Judge Navanethem Pillay: Former UN High Commissioner for Human Rights (2008-2014)
Moderator
Sam Zarifi: ICJ Secretary General
Speakers
Juliette Rousselot: Program Officer for South Asia, International Federation for Human Rights (FIDH)
Gerard Staberock: Secretary General, World Organization Against Torture (OMCT)
Dr. Angana Chatterji: Co-chair, Initiative on Political Conflict, Gender and People’s Rights, Center for Race and Gender, University of California, Berkeley

Kashmir-HRC-Event-2019-ENG (Flyer in PDF)

ICJ urges action on UN human rights funding crisis

ICJ urges action on UN human rights funding crisis

Together with hundreds of NGOs, the ICJ has urged States to redress the critical funding gap affecting UN human rights mechanisms, which is poised to cause postponement or cancellation of crucial sessions at the UN, allowing violators of human rights to avoid scutiny and accountability.

The NGOs were reacting following the revelation that the UN High Commissioner for Human Rights had written to independent experts that monitor human rights on behalf of the UN (treaty bodies and special procedures), warning that delayed payments by States of their UN contributions, coupled with underlying budget cuts, would likely mean postponement, cancellation or curtailment of their activities.

This included specifically likely cancellation of the autumn 2019 sessions of six of the ten human rights treaty bodies that review States implementation of their obligations under human rights treaties, and in many cases, also consider individual complaints of violations.

Only 3.7 percent of the total UN regular budget is currently allocated to the UN Office of the High Commissioner for Human Rights, meaning the cuts to the budget for the mechanisms have a highly disproportionate impact on the UN’s human rights work.

The NGOs responded through an open letter to all States’ permanent missions in Geneva and New York, urging that they:

  • pay their assessed financial contributions without further delay.
  • prioritize securing adequate funding for the UN’s human rights work.
  • reverse the trend of reduced budgets for UN human rights work and restore the budget allocations whose cuts have resulted in the current likelihood of cancellations and postponements.

The full open letter, including additional details as well as the list of signatories, can be accessed in PDF format here: UN-OpenLetter-BudgetOHCHR-2019-EN

ICJ’s submission to the Universal Periodic Review (UPR) of Kazakhstan

ICJ’s submission to the Universal Periodic Review (UPR) of Kazakhstan

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)

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