Jun 7, 2013
The ICJ today addressed the HR Council on the need to ensure that the Code of Conduct for the Special Procedures is never read so restrictively that it would frustrate the effective functioning of the Special Procedures.
In a general debate under Item 5 (human rights bodies and mechanisms), the ICJ articulated why urgent appeals are permitted in the case of the imminent enactment of legislation in respect of which there is a real risk that damage of a very grave nature would result.
The statement was delivered during the Human Rights Council’s 23rd regular session (27 May to 14 June 2013).
HRC23-OralStatementItem5-LegalSubmission-2013 (download full oral statement in PDF)
May 29, 2013
The ICJ today addressed the Human Rights Council during its urgent debate on the situation of human rights in the Syrian Arab Republic.
The ICJ again called for the Human Rights Council to request the UN Security Council to take effective measures at its disposal to end the ongoing conflict in Syria and to refer the situation to the International Criminal Court. Drawing attention to continued violence, gross violations of human rights and serious violations of international humanitarian law by government and anti-government forces, the ICJ reiterated its repeated calls for the international community to act and to address the humanitarian crisis.
The statement was delivered during an urgent debate on the situation in Syria held as part of the Human Rights Council’s 23rd regular session (27 May to 14 June 2013). The urgent debate concluded with the adoption of a resolution on the subject.
Syria-HRC23-UrgentDebate-OralStatement-LegalSubmission-2013 (download ICJ’s oral statement in full)
A_HRC_23_L1 (as revised and adopted) (download resolution)
Photo by Freedom House
May 28, 2013
The ICJ today addressed the Human Rights Council, and the Special Rapporteur on the human rights of migrants, concerning migrants’ rights at EU borders.
In an interactive dialogue with the Special Rapporteur on the human rights of migrants, Francois Crépeau, the ICJ commended the Special Rapporteur’s study concerning the external borders of the EU. It drew attention to gaps in the harmonized EU standards on the rights of persons in need of international protection; and the risk of proposed EU Regulations for Frontex sea operations to institutionalise pushback operations and to not be in line with the principle of non-refoulement. The ICJ asked the Special Rapporteur to consider whether, by divesting responsibilities to non-EU member States, EU policies can constitute a form of complicity in human rights violations.
The statement was delivered under Item 3 (promotion and protection of all human rights) of the agenda of the Human Rights Council’s 23rd regular session (27 May to 14 June 2013).
Europe-HRC23-OralStatementMigrants-LegalSubmission-2013 (download full statement in PDF)
Photo by EU Commission
Apr 30, 2013
The ICJ has submitted to the Human Rights Committee information in preparation for the Committee’s examination of the initial report of Malawi under the International Covenant on Civil and Political Rights (ICCPR).
During its session in July 2013, the Committee is to adopt a List of Issues for the examination in 2014 of the initial report of Malawi under the ICCPR. The ICJ’s submission raises issues and suggested questions to be put to the Government of Malawi in preparation for the examination in 2014. The ICJ’s submission addresses:
- Malawi’s obligation to give effect to the provisions of the ICCPR;
- The right to life;
- The prohibition against torture and other ill-treatment;
- Conditions of detention;
- Rights to privacy and non-discrimination, focusing on the situation of lesbian, gay, bisexual and transgender persons; and
- Right to family.
Malawi-HRCttee108-LOl-LegalSubmission-2013 (download submission in PDF)
Apr 29, 2013 | News
The Bahrain authorities must fully cooperate with the UN mechanisms and implement the recommendations of the Bahrain Independent Commission of Inquiry (BICI) set up by the Government of Bahrain in June 2011.
The ICJ further calls on the Bahrain authorities to ensure that the recommendations from the UN Universal Periodic Review process in September 2012 are implemented in full and in good faith and, to this end, immediately extend an invitation with specific dates to the UN Special Rapporteur on torture, Juan E. Méndez (photo).
The statement comes as the authorities in Bahrain effectively cancelled a visit of the Special Rapporteur for the second time, a previous visit in March 2012 also having been postponed at the last minute.
“As a former member of the BICI, I find it extremely disappointing that Bahrain has taken this decision for the second time. It keeps dangling the possibility of a visit when it is under pressure to do something about implementing the BICI recommendations,” said Sir Nigel Rodley, President of the ICJ. “One does not have to be a cynic to infer that once the pressure eases – for example, because the Human Rights Council has concluded its review of Bahrain’s human rights performance or the Formula One race is over – it can then withdraw its invitation. I hope the international community will take account of this pattern, when reacting to positive assurances from the authorities. Promises are no substitute for implementation.”
The report of the BICI, published in November 2011, documented numerous cases of torture and ill-treatment.
It further made crucial recommendations for reform so as to prevent these and other violations in the future, including effective investigations into all cases of torture and ill-treatment by an independent and impartial body; the establishment of a standing independent body to examine all complaints of torture or ill-treatment, excessive use of force or other abuses at the hands of the authorities; and the compensation and provision of remedies for all victims.
“The BICI’s recommendations included ones to address the serious problem of torture in Bahrain, a problem I had identified in the 1990s when I held the mandate Juan Mendez now discharges with consummate professionalism. One may perhaps be pardoned for considering that the only threat posed by the visit to the political situation is the fear of what information would be uncovered by the visit,” Sir Nigel Rodley concluded.
Contact:
Said Benarbia, ICJ Senior Legal Adviser of the Middle East and North Africa Programme, t: +41 22 979 3817, e-mail: said.benarbia(a)icj.org
UN Photo/Rick Bajornas
