Mar 20, 2019 | Advocacy, Non-legal submissions
The ICJ today called at the UN for prompt establishment of a judicial accountability mechanism with international involvement, for Sri Lanka.The statement, delivered during an interactive dialogue on the OHCHR report on Sri Lanka at the Human Rights Council in Geneva, read as follows:
“The ICJ welcomes the comprehensive report of the OHCHR on promoting reconciliation, accountability and human rights in Sri Lanka (A/HRC/40/23). We share OHCHR’s observation that there is a lack of progress and absence of a comprehensive strategy for implementation of all commitments made under Resolution 30/1.
ICJ is particularly concerned about the lack of progress in the area of criminal accountability (as noted in Paragraph 27 of the report). We believe that there is an urgent need to establish a judicial mechanism with the involvement of foreign judges. We echo the sentiments of the OHCHR regarding the inability of the Sri Lankan courts, on their own, to address the impunity of security forces for crimes under international law.
Failure of the criminal justice system to effectively address emblematic cases (as reflected in Paragraph 38 of the report) clearly indicates the level of capacity and willingness on the part of the State even today to prosecute and punish perpetrators of serious crimes when they are linked to the security forces or other positions of power.
ICJ also notes that women are grossly under-represented in the judiciary in Sri Lanka, which prevents women human rights defenders and female victims from having confidence in the ordinary criminal justice system, impeding their full engagement and participation in pursuing accountability for crimes committed against them during the conflict and other transitional justice processes.
A judicial mechanism with the involvement of foreign judges is particularly urgent for women in conflict-affected areas who still live in a highly militarized environment and are compelled to live among their perpetrators – those who have been accused of war crimes including rape and other forms of sexual violence.
We therefore reject calls for a purely domestic mechanism. Indeed, the ICJ considers that the continuing failure of the Government to ensure justice means that referral to the International Criminal Court or the creation of another international mechanism to facilitate criminal accountability would be fully warranted. The draft resolution before this session of the Council, reaffirming all elements of resolution 30/1, thus already represents a deep compromise and anything less than the existing text would be wholly unacceptable.
Mar 8, 2019 | Advocacy, Non-legal submissions
The ICJ today addressed the UN Human Rights Council on the need for a time-bound implementation plan, developed with the Office of the High Commissioner for Human Rights, for Sri Lanka to implement its commitments and obligations on transitional justice.
The statement, delivered during an interactive dialogue with the UN High Commissioner for Human Rights on her annual report, read as follows:
“Madame High Commissioner,
The International Commission of Jurists (ICJ) appreciates the efforts undertaken by the OHCHR in advancing transitional justice in Sri Lanka, mentioned in paragraph 69 of your report.
Any progress made by Sri Lanka, especially in relation to the implementation of transitional justice mechanisms under Resolution 30/1, albeit slow and wholly insufficient, has been primarily due to the continued engagement of the Council, OHCHR and international community. Therefore, keeping Sri Lanka on the agenda of the Council is paramount to ensure progress on all remaining commitments set out in Resolution 30/1.
As the Council is poised to provide Sri Lanka with an extension of two years to fulfill its commitments under Resolution 30/1, ICJ considers the expeditious development of a time-bound implementation plan with a deadline for delivery as essential. It is also pertinent that the implementation process is not a mere procedural exercise, but holistic and contextually appropriate.
At present, it appears that women are largely excluded from meaningfully participating in transitional justice processes, despite having been at the forefront in demanding truth and justice. Even mechanisms that have been put in place so far lack a comprehensive gender strategy. It is imperative that problems faced by women during and in the aftermath of the conflict are effectively identified and addressed in order to ensure that they are not left behind as the country seeks to move forward. The OHCHR with its expertise and experience in the field is well-placed to provide the necessary advice and technical assistance, especially in relation to matters that often get ignored or marginalized.
Madam High Commissioner, how would you see OHCHR fulfilling its role in relation to the development of the time-bound implementation plan and the due accomplishment of all remaining commitments made under Resolution 30/1?”
The statement can be downloaded in PDF format here: HRC40-OralStatement-IDwHCitem2-2019
The oral statement follows a joint open letter from NGOs, calling for such a plan, here.
The ICJ earlier submitted a written statement on Sri Lanka, available here.
Mar 7, 2019 | Events, News
The ICJ is proud to join in presenting the documentary film The Long Haul, to be screened during the UN Human Rights Council session in Geneva.
Inspired by the life of the late Nigel Rodley—one of the principal architects of the modern human rights framework— the documentary The Long Haul addresses the current backlash on human rights and how best to respond.
Sir Nigel’s remarkable life story is an inspiration to stand up against wrongdoing and to continue fighting for equality and justice. At the same time, his family history is a reminder of the WWII tragedies that gave birth to the modern human rights regime and what could happen if we fail to honour these basic rights.
Nigel Rodley dedicated his career to the protection of those most at risk, including as Amnesty International’s first legal adviser and later as UN Special Rapporteur on Torture as then as a member and eventually Chair of the Human Rights Committee. He had a longstanding association with the ICJ as Commissioner and in other roles, and was President of the ICJ at the time he passed away.
The film will be screened at a side event to the UN Human Rights Council session, at 13h00 on Thursday 7 March, in Room XIV (UN Cinema) of the Palais des Nations in Geneva. Access is available only to those who already hold grounds passes for the UN in Geneva, or accreditation for the Council session.
The event is organised by the Permanent Mission of the United Kingdom in Geneva, with participation of the International Commission of Jurists (ICJ), Amnesty International, the World Organisation against Torture (OMCT), Association for the Prevention of Torture (APT), and International Service for Human Rights (ISHR).
For more information contact un(a)icj.org
A flyer for the event can be downloaded in PDF format here: Events-NigelRodleyFilm-2019-En
Mar 1, 2019 | Advocacy, Non-legal submissions
The ICJ today delivered a joint oral statement to the UN Human Rights Council, addressing the abuse of counter-terrorism measures to repress human rights defenders and other civil society actors, and highlighting deep concerns about possible moves to allow Egypt a significant role over the UN’s independent expert on human rights and counter-terrorism.
The statement was delivered in an interactive dialogue with the UN Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism. The ICJ made the statement jointly on behalf of Amnesty International, Article 19, Cairo Institute for Human Rights Studies, CIVICUS, Human Rights Watch, International Federation for Human Rights (FIDH), International Service for Human Rights (ISHR), and Privacy International.
The organisations had earlier sent a joint letter to all States’ delegations to the Council in Geneva, highlighting Egypts appalling record of abuse of counter-terrorism measures, and urging States to strongly oppose any attempts to weaken the mandate of the Special Rapporteur, whether by diluting or distorting it by importing the flawed Egyptian-led approach into the Mexican-led resolution for its renewal, or any moves by longstanding leader Mexico to share co-leadership of the mandate renewal resolution with Egypt or other States with such an appalling record in relation to the very issues the mandate is to address.
The joint oral statement to the Council read as follows (check against delivery):
“Madame Special Rapporteur,
Our organizations welcome your report on the impacts of counter-terrorism and counter-extremism measures against civil society and human rights defenders (A/HRC/40/52).
We strongly concur with your findings regarding the deliberate and targeted abuse of overly broad and vague definitions of terrorism and violent extremism to criminalize and otherwise suppress human rights defenders and other civil society actors. We also appreciate your highlighting the need to prevent indirect impacts on civil society.
Among those States with a particularly appalling record of deliberate and targeted abuse, Egypt, which is mentioned in your report (paras 53 and 56), is a prominent example. As Human Rights Watch recently stated: “Using counterterrorism as a guise to crush all forms of dissent could be Egypt’s hallmark of 2018… There’s simply not much room left to peacefully challenge the government without being detained and unfairly prosecuted as a ‘terrorist’.”[1] Other examples from the reports before the Council include Turkey (para 53), Saudi Arabia (A/HRC/40/52/Add.2 paras 21-29), and China particularly as regards Uyghurs and Kazakhs (paras 55 and 57).
We share your concern about the elements lost from the previous Human Rights Council and General Assembly resolutions on “protection of human rights and fundamental freedoms while countering terrorism” in their March 2018 merger with the deeply flawed Egyptian-led initiative on “effects of terrorism” (para 29). We reiterate our call from March 2018 for future versions of the resolution to address the relevant issues exclusively and comprehensively from the perspective of the effective protection of human rights.[2] We strongly oppose any attempts to dilute your mandate, including by importing the flawed Egyptian-led approach into the resolution for its renewal, or any sharing of co-leadership of the mandate renewal resolution with States that have such an appalling record in relation to the very issues the mandate is to address.
Madame Rapporteur, beyond the particular cases mentioned in your report (para 53), what are your views on the broader situation within Egypt in terms of abuse of counter-terrorism measures and what can States, the United Nations, civil society, and other stakeholders do to stop such abuses in the name of counter-terrorism in Egypt and other egregious situations?
Thank you.
[1] https://www.hrw.org/news/2019/01/17/egypt-new-moves-crush-dissent (17 January 2019). See also among others: Human Rights Watch World Report 2019, https://www.hrw.org/world-report/2019/country-chapters/egypt; EuroMed Rights, Egypt – Finding Scapegoats: Crackdown on Human Rights Defenders and Freedoms in the Name of Counter-terrorism and Security (Feb 2018) https://euromedrights.org/wp-content/uploads/2018/03/EuroMed-Rights-Report-on-Counter-terrorism-and-Human-Rights.pdf; Joint NGO Statement, Egypt: Civil society faces existential threat (23 June 2016) https://www.icj.org/wp-content/uploads/2016/06/Egypt-Advocacy-JointNGOStatement-2016.pdf.
[2] Joint NGO end-of-session statement (23 March 2018) https://www.icj.org/hrc37-endofsession/.”
The statement can be downloaded in PDF format here: HRC40-JointOralStatement-SRCTHR-2019-EN
For more information email un(a)icj.org.
Feb 28, 2019 | Events, News
This event will address progress in implementing Human Rights Council resolution 30/1 and required steps, in the format of presentations from human rights defenders from Sri Lanka and testimonies.
Date: Thursday, 28 February 2019
Time: 13.30 – 14.30
Venue: Room XXVII, Palais des Nations
Chair: Mr. Budi Tjahjono, Franciscans International
Speakers:
- Dr. Paikiasothy Saravanamuttu, Centre for Policy Alternatives (CPA)
- Ms. Shyamala Gomez, Centre for Equality and Justice (CEJ)
- Mr. Senaka Perera, Committee for Protecting Rights of Prisoners
- Representative of the North East Coordinating Committee (NECC)
Testimonies:
- Ms. Sandya Eknaligoda, Wife of the disappeared journalist
- Dr. Kasipillai Manoharan, Father of the victim of ‘Trinco 5’ killings
Sponsors:
- Asian Forum for Human Rights and Development (FORUM-ASIA)
- Amnesty International
- CIVICUS
- Commonwealth Human Rights Initiative (CHRI)
- Franciscans International
- Human Rights Watch (HRW)
- International Commission of Jurists (ICJ)
- International Movement Against all forms of Discrimination and Racism (IMADR)
- International Service for Human Rights (ISHR)
