UN Side Event: “Accountability and the need to end impunity for human rights violations in Yemen”

UN Side Event: “Accountability and the need to end impunity for human rights violations in Yemen”

The ICJ will participate in the side event  “Accountability and the need to end impunity for human rights violations in Yemen,”  organized by the CIVICUS, FIDH, CIHRS in cooperation with Mwatana for Human Rights and the Gulf Centre for Human Rights (GCHR).

This side event at the Human Rights Council will take place on Monday, 10 September 2018 from 12:00 – 13:00 in room XXIV of the Palais des Nations.

The issue of human rights defenders including bloggers, Internet activists, and journalists who are at extreme risk of persecution will be discussed.

Speakers:

  • Radhya Al-Mutawakel, Co-founder and Chairperson of Mwatana for Human Rights
  • Khalid Ibrahim, Executive Director, Gulf Centre for Human Rights (GCHR)
  • Vito Todeschini, Associate Legal Adviser, International Commission of Jurists (ICJ)
  • Miriam Puttick, Head of MENA Programmes, Ceasefire for Civilians Rights

Moderator:

Antoine Madelin, International Advocacy Director, International Federation for Human Rights (FIDH)

Yemen-Side event at HRC-News-events-2018-ENG (download the flyer)

Cambodia: ICJ submission to the Universal Periodic Review (UPR) of Cambodia

Cambodia: ICJ submission to the Universal Periodic Review (UPR) of Cambodia

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 Cambodia’s human rights record in January/February 2019.

In its submission, the ICJ expressed concern about the following issues:
(1) Misuse of the law under the false pretext of the ‘rule of law’; and

(2) Lack of an independent and impartial judiciary.

The ICJ further called upon the Human Rights Council and the Working Group on the Universal Periodic Review to recommend to the Cambodian authorities to:

(i) Repeal or amend domestic laws to bring them in line with Cambodia’s international human rights obligations;

(ii) Repeal or amend domestic laws to ensure the independence of the judiciary and remove excessive powers granted to members of the Executive branch;

(iii) Abolish government-issued regulations or directives that contravene human rights protected under international human rights law;

(iv) Halt efforts to bring into force legislation drafted with the purpose of – or in any event –violating rights protected under international human rights law;

(v) End the prosecution of individuals on so-called lèse-majesté charges under the Cambodian Criminal Code and release individuals detained in connection with them;

(vi) End all use of legislation as a tool of harassment, intimidation or silencing of members of the political opposition, civil society, critical media, lawyers, prosecutors, judges and/or individuals;

(vii) Release all prisoners currently imprisoned or detained on politically motivated charges;

(viii) Uphold the right to fair trial of all persons, including of detained persons;

(ix) Take necessary measures to hold to account perpetrators of harassment, intimidation and violence against members of the political opposition, civil society, critical media, lawyers, prosecutors, judges and/or individuals for the legitimate exercise of their fundamental freedoms;

(x) Take necessary measures, in law and in practice, to guard against legal harassment of lawyers, prosecutors and judges on the basis of the political affiliations or agendas of their clients.

Contact

Kingsley Abbott, ICJ Senior Legal Adviser, e: kingsley.abbott(a)icj.org

Full submission in English (PDF) : Cambodia-UPR-Advocacy-Non legal-submission-July-2018-ENG

ICJ joins call for human rights and civil society in UN counter-terrorism strategy

ICJ joins call for human rights and civil society in UN counter-terrorism strategy

The ICJ today joined other civil society organizations in calling for respect for human rights, and protection of and participation by civil society, to have a greater role in the UN Global Counter-terrorism Strategy.

The joint statement by the organizations followed adoption by the UN General Assembly on June 26th, 2018 of Resolution 72/284, reviewing the United Nations Global Counter-Terrorism Strategy. The UN’s Global Counterterrorism Strategy, first adopted in 2006, sets out a plan of action for the UN and member states at the global, regional, and national level to counter-terrorism.

The organizations emphasise the value of a global counter-terrorism strategy where human rights are an essential component. It notes that the General Assembly resolution importantly reaffirms states’ obligations to comply with international law, including international human rights law, while countering terrorism and that human rights are the “fundamental basis of the fight against terrorism.”

The joint statement expresses concern at States’ failure to adequately address human rights abuses in relation to counter-terrorism measures. It also sets out concerns about member states’ failure to provide an enabling environment for civil society entities, including those relating to women, to be meaningfully engaged in the Strategy review.

The full statement and list of organizations joining it can be downloaded in PDF format here: UN-Advocacy-JointStatement-CounterTerrorismStrategy-2018

ICJ joins call for strong UN Global Compact on Migration

ICJ joins call for strong UN Global Compact on Migration

The ICJ has joined almost 180 other organizations in calling for the final draft of the UN Global Compact on Migration (GCM) to reflect strong legal protections for human rights.

Recognizing the potential of the GCM to protect migrants in irregular and/or vulnerable situations, civil society organizations are calling on all States to ensure that the final document truly lives up to the spirit of the New York Declaration for Refugees and Migrants.

The statement was presented to Member States and the GCM Co-Facilitators (the governments of Switzerland and Mexico) in an informal dialogue on Tuesday, 10 July.

The statement calls on States to address the following issues:

  • Regular vs. irregular: The GCM must not include a distinction between migrants with regular status and those whose status is irregular which falls below human rights law, international labor standards and other international obligations.
  • Non-Refoulement: The GCM must explicitly mention the principle of non-refoulement, which prohibits returning a person to a place where her/his life would be in danger. Including it is fundamental to ensure that migrants are provided with full live-saving protection.
  • Vulnerable situations: The GCM must address the situation of vulnerable migrants, and it must not weaken protection for victims of natural disasters and climate change, who are not adequately addressed in the Global Compact for Refugees.
  • Right to privacy: The final document must protect migrants’ right to privacy of personal information. Otherwise, the GCM risks preventing them from accessing certain social services and discouraging them from participating in data collection efforts, which are vital for migration management.
  • Criminalization of migrants and those who assist them: The GCM must avoid all provisions and language that criminalizes migrants crossing an international border in search of safety or of people and organizations that support to them.
  • Detention of migrant children: The GCM must include provisions towards ending the practice of detaining migrant children by explicitly mentioning the availability and accessibility of non-custodial and community-based alternatives.
  • Implementation, review, and follow-up mechanisms: The Compact needs robust implementation, review, and follow-up mechanisms to ensure accountability and transparency in achieving its goals. Civil society organizations ask for a fully mandated partnership role in implementation and monitoring the GCM.

To be effective, the statement concludes, migration management must be credible not only to States, but also to migrants.

The statement is available in PDF format here: UN-Advocacy-JointStatement-Migrants-2018

UN Committee against Torture: ICJ and IHOP’s joint submission on Turkey

UN Committee against Torture: ICJ and IHOP’s joint submission on Turkey

On 25 June, the ICJ and Human Rights Joint Platform (IHOP) filed their joint submission to the UN Committee against Torture (Committee).

The Committee will consider it during the adoption of a list of issues prior to reporting (LOIPR) for the examination of the Fifth Periodic Report of Turkey under Article 19 of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT).

During its 65th session, from 12 November to 7 December 2018, the Committee will prepare and adopt a LOIPR on Turkey.

Once adopted, the LOIPR will be transmitted to the State party. Turkey’s formal response to the LOIPR will then constitute its Fifth Periodic Report under article 19 of the Convention.

The ICJ and IHOP’s joint submission to the Committee highlights a number of ongoing concerns with respect to the country’s implementation of and compliance with the provisions of the CAT.

In addition, the joint submissions formulates certain questions and recommends that the Committee should include them in its LOIPR and address them to the Government of Turkey, including on the following pressing issues:

  • allegations of abduction;
  • immunity from prosecution for torture and cruel, inhuman or degrading treatment or punishment;
  • remedies and reparations for victims of torture;
  • fundamental legal safeguards and access to a lawyer;
  • conditions of detention;
  • civil society organizations; and
  • national human rights institution and national preventive mechanism.

Turkey-LOIPR-ICJ&IHOP-June2018-final (download the submission)

Turkey-LOIPR-ICJ&IHOP-June2018-statement-ENG

 This project is funded by the European Union

* This article does not necessarily reflect the view of the European Union

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