Jun 19, 2014
The ICJ welcomed the opportunity to contribute to a review of the Terms of Reference of the ASEAN Intergovernmental Commission on Human Rights (AICHR), saying some of the current TOR provisions were problematic.
In a legal memorandum, the ICJ said it hoped the AICHR will use this opportunity to demonstrate its commitment to transparency and integrity by undertaking consultations with a wide variety of stakeholders as it reviews and revises its TOR.
The memorandum contains very practical and pragmatic recommendations to strengthen the AICHR’s Terms of Reference.
“It is a given that the Terms of Reference should include strong protection competencies since these are missing in the AICHR’s mandate,” said Emerlynne Gil, the ICJ’s International legal adviser for Southeast Asia. “It is also important that the Terms of Reference include provisions that ensure the quality and independence of representatives, and establish a strong and well-resourced Secretariat to assist the AICHR in fulfilling its mandate.”
The ICJ supports the idea of a regional human rights mechanism that effectively promotes and protects human rights in a manner that is particularly adaptive to the distinctive conditions of the region, provided that it abides by principles that reinforce and do not fall below international human rights law and standards.
In this memorandum, the ICJ identifies and discusses problematic provisions in the TOR that may prevent the AICHR from fully functioning as a body tasked “to promote and protect human rights and fundamental freedoms of the peoples of the ASEAN” and makes recommendations on the amendment of these provisions.
It also discusses additional functions and institutional improvements that may be undertaken to strengthen the AICHR as a regional human rights mechanism, in line with the commitments made by ASEAN member States in Vienna in 1993 and in the ASEAN Charter.
To see the full text of the memorandum please click on the following PDF link:
Memorandum on TOR of AICHR
CONTACT:
Emerlynne Gil, ICJ International Legal Adviser for Southeast Asia, t +66 2 619 8477; email: emerlynne.gil(a)icj.org
Craig Knowles, ICJ Media Consultant, t +66 81 9077653; email: craig.knowles(a)icj.org
Jun 15, 2014
The ICJ has made a stakeholder submission for the second cycle Universal Periodic Review (UPR) of Lao’s compliance with international human rights.
In January/February 2015, the Human Rights Council’s Working Group on the UPR will consider the situation of human rights in Lao’s People’s Democratic Republic. Ahead of the Working Group’s review, the ICJ has made a submission in which it has identified suggested recommendations concerning:
- Lao’s failure to implement its obligations under international law in cases of enforced disappearances; and
- Lao’s party status to and engagement with international human rights instruments and mechanisms.
The recommendations of the UPR Working Group will be considered, alongside Lao’s acceptance or otherwise of those recommendations, during the Human Rights Council’s 29th regular session in June 2015.
Lao-UPR21-ICJStakeholderSubmission-LegalSubmission-2014
Jun 15, 2014
The ICJ has made a stakeholder submission for the second cycle Universal Periodic Review (UPR) of Lesotho’s compliance with international human rights.
In January/February 2015, the Human Rights Council’s Working Group on the UPR will consider the situation of human rights in Lesotho. Ahead of the Working Group’s review, the ICJ has made a submission in which it has identified suggested recommendations concerning:
- The competence, independence and impartiality of the judiciary;
- The right to freedom from torture and other ill-treatment; and
- Lesotho’s party status to and engagement with international human rights instruments and mechanisms.
The recommendations of the UPR Working Group will be considered, alongside Lesotho’s acceptance or otherwise of those recommendations, during the Human Rights Council’s 29th regular session in June 2015.
Lesotho-UPR21-ICJStakeholderSubmission-LegalSubmission-2014 (download the ICJ’s stakeholder submission, in PDF)
Jun 13, 2014
The ICJ has submitted information to the Human Rights Committee in advance of the Committee’s examination of the fourth periodic report of Ireland under the International Covenant on Civil and Political Rights.
The ICJ submission draws the Committee’s attention to concerns related to access to safe and legal abortion in Ireland.
The Committee will examine the fourth periodic report of Ireland during its 111th session held in July 2014, following which it will adopt Concluding Observations setting out recommendations to the Government of Ireland.
Ireland-HRCttee111-LegalSubmission-2014 (download ICJ submission in PDF)
Jun 1, 2014
The ICJ has provided a further submission to the Human Rights Committee in response to the Committee’s second draft General Comment on the right to liberty and security of the person and freedom from arbitrary arrest and detention.
The ICJ’s submission focusses on issues concerning the extraterritorial application of the ICCPR; arbitrary detention and unlawful detention; judicial supervision of all forms of deprivation of liberty; and non-refoulement.
The work of the Human Rights Committee will continue throughout 2014 towards the eventual adoption of General Comment No 35 on Article 9 of the International Covenant on Civil and Political Rights – the right to liberty and security of the person and freedom from arbitrary arrest and detention. This General Comment will replace the Committee’s earlier General Comment No 8 of 1982.
ICJ-HRCtteeGeneralCommentArticle9-LegalSubmission-2014 (download, in PDF, the ICJ’s latest submission to the Committee)
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