Feb 17, 2020 | Advocacy, Non-legal submissions
The ICJ has urged expert members of the UN Human Rights Council Advisory Committee to focus on the most direct and acute human rights issues, including a human-rights based approach to victims of terrorism, as the Committee prepares a report on “effects of terrorism on all human rights”.
In an oral statement to the Advisory Committee’s ongoing 24th session in Geneva, the ICJ expressed grave concern about the content of the latest draft of the report, and the potential negative consequences for human rights protection of the report in its current form, and urged the Advisory Committee:
- To substantially revise and refocus the report to include a clear recommendation to the Council that the exclusive focus of the Council’s work should remain on the most acute issues from a human rights perspective: violations in countering terrorism and a human-rights based approach to victims of terrorism, along the lines already established by successive holders of the Special Rapporteur mandate.
- To recommend against the Council entering into more diffuse macroeconomic issues such as diverting foreign direct investment, reducing capital inflows, destroying infrastructure, limiting foreign trade, disturbing financial markets, and negatively affecting certain economic sectors and impeding economic growth.
- To avoid making recommendations that simply repeat already-existing obligations or commitments to counter terrorism under various UN or other instruments.
- To affirm that the existing and longstanding normative and institutional framework on counter-terrorism and human rights is already sufficient to address relevant impacts of terrorism from a human rights perspective.
Prior to the session, the ICJ together with other NGOs had filed a written statement alerting the Advisory Committee to the highly sensitive context into which its report would be delivered at the Council, and urging the Committee to guard against its work being instrumentalized by Egypt and other States who seek to distort, distract and divert the limited resources and attention of the Council and its Special Rapporteur, away from the longstanding focus, achieved by years of Mexican leadership with consensus support of the Council, on human rights in countering terrorism, and the human rights of victims of terrorism.
The Advisory Committee’s report was requested by a 2017 resolution led by Egypt, which was not a matter of consensus, and is being drafted by a former Ambassador of Egypt who is now a member of the Committee.
Earlier at the session, several States including the EU, Switzerland, and Mexico had expressed concern or otherwise questioned particular aspects of the current draft of the report, and urged the Committee to substantially review and revise the draft. Egypt, China, Russia and several other States expressed satisfaction with the draft and urged the Committee to quickly finalize the report and send it to the Council.
The Advisory Committee report is due to be presented to and considered at the September 2020 session of the Human Rights Council, although some Committee members expressed the wish to finalize the report at the current Committee session.
Feb 17, 2020 | Feature articles, News
A tribute to former ICJ Commissioner José Zalaquett by current ICJ Commisioner Alejandro Salinas Rivera (Chile).
After a prolonged and agonizing illness, our beloved José (Pepe) Zalaquett has passed away. Pepe, as his friends used to call him and as he was widely known, was a leading lawyer and professor of international human rights law.
However, he was much more than that. At heart, he was a gentle man, a curious and pleasant human being, very sensitive to the expressions of art.
As a lawyer and later as a law professor, he was characterized by his deep commitment to justice and respect for human rights.
This commitment also brought adverse consequences in his life, as he suffered persecution, jail and exile, during the Chilean dictatorship.
While in exile and away from his homeland, he joined Amnesty International, and soon after became the president of its board of directors.
Upon returning to Chile after 10 years of exile, he headed the Chilean section of Amnesty International, in what were strenuous times for the country.
Once democracy was re-established in Chile, he became part of the National Truth and Reconciliation Commission, known as the “Rettig” Commission. However, it should have been called the “Zalaquett” Commission instead, since he was the architect of the initiative which was later emulated in South Africa, El Salvador and other countries, which initiated similar processes.
Pepe, because of his strict commitment to justice and his veritable concern for the protection and promotion of human rights, was not confined in dogmas or prejudices; he was so generous, open and free minded that he would not settle for anything less than the best. This at times made him a quixote, facing solo against windmills.
Pepe was a lover of life, a sensitive soul and an art aficionado. He had an opinion over almost all artistic disciplines. He regularly wrote art columns and his reviews were very reputed.
Pepe was one of those humans who are scarce and yet essential for our society. He was a complex and wholesome personage, who left his mark after his demise.
He left behind a generation of spirited students and disciples trained at the Centre for Human Rights of the University of Chile, of which he was a co-Director, who will undoubtedly continue his legacy in human rights.
But even more, he left an impression, a way of doing things, an impalpable legacy that is quintessential for the times to come. Intellectual honesty, sensitivity and empathy towards the victims along with ethical austerity and geniality, are part of the legacy that Pepe leaves behind after passing through this life.
The ICJ feels privileged as an institution to count Pepe Zalaquett among its commissioners. His departure indisputably, is an irredeemable loss, but at the same time we are proud and grateful to have shared a common cause with him.
José, Pepe, thank you very much …
Feb 17, 2020
Today the ICJ published a guide on Corporate Accountability for Abuses of Economic, Social & Cultural Rights in Conflict and Transition.
Around the world, businesses frequently operate in areas or regions in which armed conflict, internal disturbances or upheaval, severe authoritarianism, or other crises are either continuing or have recently ceased.
It is now common for societies seeking to move past such periods to employ transitional justice processes and mechanisms in efforts to build constitutional democracies grounded in the rule of law, protection of human rights and the fair administration of justice.
At times businesses are involved, either directly or in complicity with State agents, armed groups or other actors, in human rights violations or abuses, which occur during or after such conflicts or authoritarian settings.
These abuses may be of civil and political rights but they also often implicate economic, social and cultural rights. Failure to properly consider abuses of economic, social and cultural rights in transitional justice processes, including those caused or contributed to by businesses, can render their outcomes less effective and unsustainable.
All transitional justice processes and mechanisms must be grounded in the principles of international law.
This guide therefore sets out the core principles of international human rights law relating to: Transitional Justice; Economic, Social and Cultural Rights and Business and Human Rights, clearly describing how these three sets of principles interact and coalesce.
This guide will therefore be particular useful to transitional justice practitioners in ensuring that the design and implementation of transitional justice processes and mechanisms are fully consistent with international human rights law.
It also provides guidance to businesses in considering how to ensure compliance with international human rights law when they are operating in situations where conflict is occurring, likely to occur or recently has occurred.
In addition, because of their severe vulnerability of children to rights violations in such contexts, the guide includes a specific chapter focuses on corporate accountability for abuses of children’s rights in conflict settings.
The guide draws on examples of best practice throughout and includes case studies and examples from a wide range of countries including: Argentina; Colombia; East-Timor; Mauritius; Myanmar; Liberia; South Africa; Sierra Leone; Uganda and Tunisia.
Read also
The guide is best read with the following ICJ publications:
The ICJ’s Practitioners Guide on The Right to a Remedy and Reparation for Gross Human Rights Violations; the ICJ’s Practitioners Guide on Adjudicating Economic, Social and Cultural Rights at National Level; The ICJ & Child Rights International Network’s Practical Guide for Non-Governmental Organizations on how to use the United Nations Committee on the Rights of the Child’s General Comment No. 16; and the ICJ and UNICEF’s Practical Guide for States on how to implement the United Nations Committee on the Rights of the Child’s General Comment no. 16.
Download
Universal-ESCR accountability guide-Publications-Reports-Thematic report-2020-ENG (the full guide, in PDF)
Universal-ESCR accountability guide summary-Publications-Reports-Thematic report-2020-ENG (the executive summary and overview, in PDF)
Feb 13, 2020 | News
From 12-13 February, the ICJ, in collaboration with the Supreme Court of the Republic of Benin and the African Association of the Francophone Higher Jurisdictions, hosted regional judicial dialogue and training for effective implementation of human rights in francophone Africa in Cotonou.
The President of the Constitutional Court of Benin, Justice Joseph Duogbenou, the Vice President of the ECOWAS Community Court of Justice, Justice Ouattara Gberi Be and the President of the High Court of Benin, Lady Justice Marie Cecile de Dravo Zinzindohoue were among the participants.
Judges and other jurists representing the Supreme Courts and Constitutional Courts of Benin, Burkina Faso Cameroon, DR Congo, Gabon, Guinea, Côte d’Ivoire, Mali, Niger, Senegal and Togo also participated.
President Patrice Talon, who was represented by the Minister of Justice and the Legislature, M. Maxime Ouenum, opening the ceremony, noted that ‘fundamental rights and freedoms are binding on legislative, executive and judicial authorities because of the Constitutional, Conventional and National protection they enjoy’. They therefore ‘create obligations on states and on those who act on behalf of states, they cannot be ignored, denied or discarded’.
President of the Supreme Court of Benin, M. Ousmane Batoko emphasized the need to strengthen the capacity of judges for a more effective application of international human rights law in domestic adjudication. According to Justice Batoko, ‘The judge is at the very heart of the day to day construction and perpetuation of international human rights law.
‘’The protection of human rights goes beyond international and national legislation, and requires active protection by judges in the court rooms across Africa‘‘ said Arnold Tsunga, ICJ’s Africa Regional Director. He expressed hope that the dialogue would help to ensure that African peoples enjoy their human rights in totality. “The architecture for the protection of human rights can only be effective when national judges are equipped to play the very vital role that they have as the first layer of protection available to victims of human rights violations,“ Tsunga added.
At the end of the two-day programme which included lectures and judicial conversations, participants adopted a communique in which they affirmed their continued commitment to the promotion and protection of human rights in Africa expressing a desire for such colloquia to be held more frequently in order to build the capacity of the judiciaries in West Africa.
Contact
Arnold Tsunga, ICJ Regional Director for Africa, t: +27 716405926 or +263 777 283 249: e: arnold.tsunga@icj.org
Solomon Ebobrah, Senior Legal Adviser (ARP), t: +234 803 492 7549, e: Solomon.ebobrah@icj.org
Feb 13, 2020 | Artículos, Incidencia, Noticias
La CIJ pide al Presidente Giammattei que vete la ley que contiene las reformas al Decreto del Congreso de la República 4-2020 que regula el funcionamiento de las organizaciones no gubernamentales.
Desde el año 2019, el Congreso de la República viene tratando de implementar una agenda legislativa “regresiva”, que socava el respeto de los derechos humanos.
En este caso, se trata de una ley que afecta el derecho constitucional de Libertad de Asociación, así como otros derechos que la CIJ en Centro América ha desarrollado en la carta correspondiente.
Además, el Congreso ha intentado reformar la Ley relacionada con el Programa Nacional de Resarcimiento para incluir la posibilidad de otorgar amnistía a quienes cometieron crímenes graves.
Por otro lado, la Ley relativa a la Familia, de llegar a aprobarse afectaría los derechos de la comunidad LGBTI en Guatemala.
También ha intentado aprobar reformas a la Ley de Orden Público, sin tomar en cuenta los principios de la Seguridad Democrática.
Estas son sólo algunas de las leyes, que forman parte de la agenda legislativa regresiva en materia de derechos humanos.
