Eswatini: women still face obstacles to enjoy their rights

Eswatini: women still face obstacles to enjoy their rights

Dialogue between Swazi Women Human Rights Defenders and CEDAW Committee Members highlights the obstacles faced by local women in the enjoyment of their human rights.

 On 14 December 2020, the ICJ and the Southern Africa Human Rights Defenders Network (SAHRDN) facilitated a fruitful dialogue between Swazi Women Human Rights Defenders (WHRD) and members of the UN Committee on the Elimination of Discrimination against Women (the CEDAW Committee) on the key human rights concerns facing Swazi women and possible advocacy strategies to address them.

The CEDAW Committee monitors State parties’ compliance with and implementation of their human rights obligations under the UN Convention on the Elimination of All Forms of Discrimination against Women (the Convention), by which Eswatini is bound.

In light of the Eswatini government’s failure to submit a report to the CEDAW Committee, as required under the Convention, more than 20 Swazi WHRDs’ organizations had a preparatory meeting on 8 December to discuss and prioritize the human rights concerns they wished to bring to the CEDAW Committee members’ attention.

They hoped that, by coming together and agreeing on these issues, they may raise awareness and put pressure on the Eswatini government to comply with its obligations under the Convention, including by promptly submitting the country’s overdue report.

In the wake of this preparatory meeting, on 14 December Swazi WHRDs briefed the CEDAW Committee members about the most critical human rights violations faced by women in Eswatini. This meeting was broadcasted live on Facebook.

The dialogue focused on the Eswatini authorities’ failure to implement their human rights obligations under the Convention, including the previous Concluding Observations of the CEDAW Committee.

High rates of teenage pregnancy, women’s inadequate access to education, healthcare and adequate housing, and ways in which customary and religious laws are used to justify discrimination against them were among the key human rights concerns affecting women discussed during the dialogue.

Watch the animation on CEDAW

Indonesia: ICJ addresses open letter to COVID-19 Mitigation Task Force calling for special measures to protect women workers in its pandemic response

Indonesia: ICJ addresses open letter to COVID-19 Mitigation Task Force calling for special measures to protect women workers in its pandemic response

In an open letter, the ICJ today called on Indonesia’s COVID-19 Mitigation Task Force to provide detailed guidance to the Government of Indonesia, in taking actionable steps to implement gender responsive measures in the country.

Since the beginning of the outbreak of the pandemic, the mortality rate of Indonesia is reportedly among the highest in the world.

In addressing the pandemic, the Government has established regulations and repeatedly advised people to restrict social gatherings and stay at home. These measures have a particularly disparate impact on Indonesian women, exacerbating the pre-existing gender inequalities in Indonesia.

The ICJ has previously highlighted the challenges faced by women in its report  “Living Like People who die slowly.” Similar concerns has been expressed by the UN Committee on Economic, Social, and Cultural Rights.

The ICJ called the task force to take proactive and special measures to protect women workers in its COVID-19 response, in line with the recommendations of the UN Committee on the Elimination of Discrimination against Women’s Guidance Note on COVID-19.

Specifically, the ICJ has recommended that it promote government responses to:

  1. Ensure that women receive basic needs support
  2. Provide more working opportunities for women to work from home
  3. Provide online counseling or mental health support for women workers

The ICJ considers that the failure to recognize the gender dynamics affecting women workers, particularly public health emergencies, limits the effectiveness of the overall Government’s response efforts and impedes the full realization of women’s human rights in Indonesia.

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Laos: eight years on, the fate of Sombath Somphone remains unresolved and government remains unaccountable

Laos: eight years on, the fate of Sombath Somphone remains unresolved and government remains unaccountable

On 15 December 2020, the eighth anniversary of the enforced disappearance of Lao civil society leader Sombath Somphone, the ICJ joined 53 organizations and 19 individuals in reiterating its calls on the Government to reveal his fate and whereabouts and to investigate his and all other cases of alleged enforced disappearance in the country.

The statement condemned the Government’s ongoing failure to adequately investigate all allegations of enforced disappearance in Laos, which has been compounded by years of near complete lack of commitment to address this serious crime or provide an effective remedy or reparation to its victims and their families.

In June 2020, during the third Universal Periodic Review (UPR) of Laos, the Government refused to accept all five recommendations that called for an adequate investigation into Sombath’s enforced disappearance. The Government failed to support another eight recommendations that called for investigations into all cases of alleged enforced disappearances in Laos. Despite the government accepting that “the search for missing Lao citizens, including Sombath Somphone, is the duty of the Lao government”, it has failed to evidence any political will to effectively execute or fulfill this duty.

Sombath Somphone was last seen at a police checkpoint on a busy street in Vientiane on the evening of 15 December 2012. Footage from a CCTV camera showed that Sombath’s vehicle was stopped at the police checkpoint and that, within minutes, unknown individuals forced him into another vehicle and drove him away in the presence of police officers. CCTV footage also showed an unknown individual driving Sombath’s vehicle away from the city center. The presence of police officers at Sombath’s abduction and their failure to intervene strongly indicates State agents’ participation in Sombath’s enforced disappearance.

Lao authorities have repeatedly claimed they have been investigating Sombath’s enforced disappearance, but have failed to disclose any new findings to the public since 8 June 2013. They have not met with Sombath’s wife, Shui Meng Ng, since December 2017. No substantive information about the investigation has been shared by the authorities with Ng or Sombath’s family, indicating that, for all intents and purposes, the police investigation has been de facto suspended.

The statement reiterated a call for the establishment of a new independent and impartial investigative body tasked with determining Sombath’s fate and whereabouts, with the authority to seek and receive international technical assistance to conduct a professional and effective investigation in accordance with international standards. This is a call which multiple signatory organizations have been making since his enforced disappearance in 2012.

The statement further urged the Lao government to ratify the International Convention for the Protection of All Persons from Enforced Disappearance (ICPPED), which Laos signed in September 2008; incorporate its provisions into the country’s legal framework, implement it in practice, and recognize the competence of the Committee on Enforced Disappearances to receive and consider communications from or on behalf of the victims.

The full statement is available here.

Contact

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

The effectiveness of the European Court’s rulings in Turkey: old and new challenges

The effectiveness of the European Court’s rulings in Turkey: old and new challenges

Join ICJ and IHOP in this online conference in which Turkish and international experts will discuss the current challenges in Turkey to promptly and fully implement the judgments of the Court and how to improve the execution of judgments in the Turkish national system.

Turkey is the Council of Europe member state with the third highest number of European Court of Human Rights judgments awaiting execution, after the Russian Federation and Ukraine. As a Party to the European Convention on Human Rights and founding member of the Council of Europe, Turkey has committed to implement all rulings of the Strasbourg Court, yet the results of this commitment are far from clear.

Implementation of the European Court judgments is a key indicator in Europe of a country’s commitment to human rights and the rule of law, and failure to implement judgments fundamentally undermines access to justice for victims of human rights violations by watering down the impact of their litigation before the Court.

Failure to implement judgments through general implementation measures reforming laws, policies and practices, also leads to persistent, repeated violations of the States’ obligations under the European Convention on Human Rights. This problem has existed for many years in Turkey, leaving long-standing systemic human rights problems unsolved. Recently civil society has denounced the Turkish authorities’ attempts to circumvent the general application of certain new key rulings of the European Court.

In this conference, Turkish and international experts will discuss the current challenges in Turkey to promptly and fully implement the judgments of the Court and how to improve the execution of judgments in the Turkish national system:

– Justice Egbert Myjer, Former Judge at the European Court of Human Rights and Commissioner of the ICJ,
– Prof. Philip Leach, Professor of Human Rights Law at Middlesex University
– George Stafford, Director at European Implementation Network
– Emma Sinclair-Webb, Turkey Director, Human Rights Watch
– Kerem Altıparmak, ICJ Legal Consultant
– Ayşe Bingöl Demir, Turkey Human Rights Litigation Support Project Co-Director, Lawyer
– Prof. Başak Çalı, Professor of International Law, Co-Director of the Centre for Fundamental Rights at the Hertie School

The event will be introduced and moderated by Feray Salman, General Coordinator of the Human Rights Joint Platform (IHOP), Roisin Pillay, Director of the ICJ Europe and Central Asia Programme, and Massimo Frigo, Senior Legal Adviser of the ICJ Europe and Central Asia Programme.<

TO REGISTER WRITE TO: ihop@ihop.org.tr

IHOPICJ-ZoomConference-ExecutionECtHRTurkey-Agenda-2020-ENG (download the agenda in English)

IHOPICJ-ZoomConference-ExecutionECtHRTurkey-Agenda-2020-TUR (download the agenda in Turkish)

The event is part of the REACT project: implemented jointly by ICJ and IHOP, this project seeks to support the role of civil society actors in turkey in ensuring effective access to justice for the protection of human rights. This project is funded by the European Union. The views expressed in the event do not necessarily reflect the opinion of the EU.

Tunisia: joint paper on the Specialized Criminal Chambers published

Tunisia: joint paper on the Specialized Criminal Chambers published

The ICJ today joined the Association des Magistrats Tunisiens (AMT), Avocats Sans Frontières (ASF), and the World Organisation Against Torture (OMCT) in publishing a paper entitled No Reconciliation Without Justice: Current Situation and Prospects of the Specialized Criminal Chambers in Tunisia.

The paper analyses the challenges that the Specialized Criminal Chambers are facing since the opening of trials in May 2018 and formulates recommendations to Tunisian authorities to address these obstacles.

The paper was endorsed by members of the Transitional Justice Coalition.

It is available in Arabic and French:

Tunisia-SCC assess-Advocacy-Analysis brief-2020-ARA

Tunisia-SCC assess-Advocacy-Analysis brief-2020-FRA

 

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