Lesotho: ICJ briefing paper reveals the struggles of LGBTIQ+ persons navigating the justice system, and getting access to justice and effective remedies
A new briefing paper published by the International Commission of Jurists (ICJ) outlines some of the obstacles LGBTIQ+ people face in their access to justice and effective remedies and makes recommendations to the Lesotho authorities on how to address them.
Palestine/Israel: One Year On, Accountability for War Crimes and Protection of Civilians Needed More than Ever
International law – including, chiefly, international humanitarian law – must be the compass for all warring parties and all States to end ongoing atrocities, secure a lasting ceasefire and ensure accountability for serious crimes under international law, the...
Tajikistan: round table on lawyers’ effective use of international law and mechanisms
The ICJ, in cooperation with the Union of Lawyers of Tajikistan, the Office of the High Commission of Human Rights (OHCHR) Regional Office for Central Asia (ROCA), and the Organization for Security and Cooperation in Europe (OSCE) in Dushanbe convened a round table in Dushanbe, Tajikistan, titled “The Use of International Law and International Mechanisms by Lawyers in Tajikistan”.
Cambodia: Ministries should withdraw draft cybersecurity law which would threaten human rights and expose people to increased cyber threats
The International Commission of Jurists (ICJ) and Access Now sent a joint letter and an accompanying legal analysis to Cambodia’s Ministry of Post and Telecommunications and Ministry of Justice, calling for the withdrawal or substantial amendment of its Draft Law on Cybersecurity to bring its provisions in line with international human rights standards.
The draft law, if adopted, would likely undermine the rights to privacy and freedom of expression, while also risking personal security and exposing people to increased cyber threats.
“The Draft Law would require government licenses of cybersecurity services – an excessive provision that would hamper the ability of people and businesses in Cambodia from being able to secure themselves against intrusion into their networks and safeguard their data,” said Golda Benjamin, Asia Pacific Campaigner at Access Now. “Cambodia wants this draft law to deal with malicious cyber activities but in its current form, it will only create a new problem of having a cybersecurity landscape that imposes unreasonable administrative burdens to organizations, including small and medium enterprises and civil society.”
In the legal analysis attached to the joint letter, Access Now and ICJ point out that the vaguely worded and sweeping provisions in the Draft Law may be abused to allow government cybersecurity inspectors overbroad access to private data. It fails to provide for safeguards, but instead would grant a newly created body of cybersecurity inspectors immense power to investigate, observe, monitor, prevent and respond to cybersecurity threats and incidents. The Draft Law also fails to make provision to ensure that cybersecurity inspectors are properly qualified.
“These proposed arrangements are a recipe for executive abuse, especially given that the bill fails to provide for any independent or effective oversight or remedial mechanism to serve as check on governmental conduct and safeguard against any potential overreach,” said Ian Seiderman, Legal and Policy Director at the ICJ. “If this legislation is put forward for adoption, it needs to amended to correct these deficiencies and comply with Cambodia’s international legal obligations and rule of law principles.”
Access Now and ICJ urge Cambodia to strengthen their cybersecurity landscape to deal with malicious cyber activities and ensure that any law, policy, or practice to implement this goal complies with the country’s international human rights obligations. Effective cybersecurity requires a human-centric and human rights respecting approach.
Download
Read the joint letter here, and the joint legal analysis of the Draft Law on Cybersecurity here.
Contact
Daron Tan, ICJ Associate International Legal Adviser, e: daron.tan@icj.org