Mar 12, 2017 | Events, News
A side event to the UN Human Rights Council, Tuesday 14 March, 16.00 – 17.00, Palais des Nations room XXI.
TORTURE AND ENFORCED DISAPPEARANCE IN THAILAND
THE STATE RESPONSE
Tuesday 14 March/16.00-17.00
room XXI
Panelists:
Angkhana Neelapaijit, National Human Rights Commissioner and family victim of enforced disappearance
Yuval Ginbar, Amnesty International legal advisor
Moderated by Matt Pollard, ICJ Senior Legal advisor
The event follows the Human Rights Committee’s examination of Thailand’s second periodic report on its implementation of the International Covenant on Civil and Political Rights on 13 and 14 March 2017.
The event will focus on the measures Thailand has taken to implement its international human rights obligations with respect to the prohibition of enforced disappearance, torture and ill-treatment – with a particular focus on the draft Prevention and Suppression of Torture and Enforced Disappearance Act (Draft Law).
Background
Eighty-two cases of enforced or involuntary disappearance in Thailand were reported to the Working Group on Enforced or Involuntary Disappearances between 1980 and 2016. Civil society has also issued several reports containing allegations of torture by security forces, particularly in the restive deep South. These allegations were made against a culture of impunity which pervades Thailand.
In October 2016, after 11 years and three months of investigation, the Department of Special Investigation (‘DSI’) declared the emblematic enforced disappearance case of Somchai Neelapaijit closed, saying no culprits had been found. In January 2017, the DSI further announced it would not investigate the apparent enforced disappearance of Pholachi “Billy” Rakchongcharoen, a Karen minority human rights defender. These cases underscore the difficulties victims face in obtaining justice under the current legal framework in Thailand.
For several years, Thailand has pledged its commitment to ratifying the International Convention on Enforced Disappearance (ICCPED) and passing domestic legislation criminalizing torture and enforced disappearance. In May 2016, the Cabinet approved a Draft Law, which was subsequently transmitted to Thailand’s legislature, the National Legislative Assembly (NLA). However, last month, the NLA announced it would send the Draft Law back to the Cabinet for further consultation, effectively ending the possibility of it being enacted in the foreseeable future.
For further information on recent developments concerning this piece of legislation, please see: https://www.icj.org/thailand-prioritize-the-amendment-and-passage-of-legislation-on-torture-and-enforced-disappearances/.
A flyer for the event may be downloaded here.
Mar 12, 2017 | Events, News
A side event at the UN Human Rights Council, 13 March 2017.
13 March, 13:30-15:00
Palais des Nations, Room XXVII
As spaces for human rights defenders shrink because of new laws, policies and intimidation tactics, senior rights activists from Pakistan talk about the challenges they face in their work to promote and protect human rights in the country.
Panelists:
Mr I. A. Rehman: Human Rights Commission of Pakistan
Ms Asma Jahangir: AGHS Legal Aid Cell
Mr Mohammad Tahseen: South Asia Partnership Pakistan
Mr Peter Jacob: Center for Social Justice
Moderator:
Ms Reema Omer: International Commission of Jurists
Flyer available here.
Mar 12, 2017 | Advocacy, Non-legal submissions
The ICJ has made an oral statement to the UN Human Rights Council on a range of measures needed to ensure truth, justice, reparations and non-repetition of past violations, in Nepal.
The statement read as follows:
TRUTH, JUSTICE, REPARATION, AND GUARANTEES OF NON-RECURRENCE IN NEPAL
10 March 2017
Mr. President
Without effective measures to ensure truth, justice, reparation and guarantees of non-recurrence, countries in situations of transition or post-conflict fail victims and put future reconciliation, peace and stability at risk. One example is Nepal.
Nepal’s Truth and Reconciliation Commission and Commission of Investigation on Disappeared Persons have not been effective. Changes are needed to bring their legal frameworks and operations in line with international standards and Supreme Court jurisprudence. These bodies require adequate resources. Trust-building measures including consultation processes must address the perspectives and needs of victims and for victims to feel ownership over the transitional justice process in Nepal.
Nepal must ensure prompt, independent and impartial investigation and prosecutions for serious human rights violations, including those committed during the armed conflict.
It must ensure justice and reparation for victims, including as provided for in the UN Basic Principles and Guidelines on the Right to a Remedy and Reparation.
It must criminalize serious crimes under international law in a manner that is consistent with international law, to help prevent such violations ever occurring again.
Nepal should also issue a standing invitation to all thematic special procedures of the Council.
Thank you, Mr. President.
Oct 26, 2016
13 leading non-governmental organizations have called for Burundi to be suspended from membership in the UN Human Rights Council, due to its flagrant refusal to cooperate with the UN regarding the gross and systematic violations occurring in the country.
The NGOs cite recent findings by an independent UN panel of experts of ‘continuing and systematic, gross human rights violations which may amount to crimes against humanity’ in Burundi.
The UN experts further found that ‘responsibility for the vast majority of these violations should be laid at the door of the Government’.
The authorities of Burundi have rejected all cooperation with the international human rights system, including by refusing to appear at a hearing of the UN Committee against Torture, by making threats against human rights lawyers and other civil society actors who have provided information to the UN, and by an official government communiqué declaring that Burundi will no longer cooperate in any way with the UN Office of the High Commissioner for Human Rights and that each of the UN experts tasked with investigating the situation will be formally barred from visiting the country.
The open letter setting out the detailed grounds for the call for suspension may be downloaded in PDF format here:
burundi-hrc-suspension-advocacy-open-letters-2016-eng
Sep 28, 2016 | Advocacy, Non-legal submissions
The ICJ today delivered an oral statement to the UN Human Rights Council, during the interactive dialogue with the Special Rapporteur on the situation of human rights in Cambodia.The ICJ welcomed the report of the Special Rapporteur on the situation of human rights in Cambodia, before continuing as follows:
The ICJ concurs with the Special Rapporteur’s observation that “democratic space has been reduced in Cambodia through the application of a range of laws … and the restriction of a range of legitimate activities of non-governmental and civil society organizations.”
Since 2014, Cambodia has adopted laws inconsistent with its international human rights obligations, including undermining the independence of the judiciary, and unduly restricting the work of civil society.
Human rights defenders increasingly face retaliation for their legitimate work, shrinking civil society space.
Last week, the ICJ observed the criminal trial of Ny Chakrya, Deputy Secretary-General of the National Election Committee and former Head of Human Rights Section and Legal Aid at a leading NGO, ADHOC. He was convicted of crimes, including criminal defamation, for raising allegations of human rights violations. Ny Chakrya and four staff-members of ADHOC, all of whom are in detention, also face another investigation with all the hallmarks of being politically motivated.
Indeed, numerous members of the political opposition and human rights defenders are in exile, face legal proceedings, or have been convicted, in cases that also appear to be politically motivated.
Further, the investigation into the July 2016 killing of leading human rights defender, Kem Ley, lacks transparency.
We very much welcome the spotlight the Special Rapporteur placed on such cases by naming them here today.
2016 marks 25 years since the Paris Peace Agreements under which Cambodia undertook to “ensure respect for and observance of human rights and fundamental freedoms in Cambodia.”
We urge Cambodia, the signatories to the Paris Peace Agreements, the Special Rapporteur on Cambodia, the Office of the High Commissioner for Human Rights, and the Human Rights Council, to work to ensure these Agreements are given full effect – particularly as Cambodia prepares for local and national elections scheduled for 2017 and 2018.
The statement may be downloaded in PDF format here: hrc33-srcambodia-2016
