Jul 17, 2019 | News
On 16 July 2019, the European Court of Human Rights found Russia’s refusal to register associations set up to promote and protect the rights of lesbian, gay, bisexual and transgender (LGBT) people to violate the rights to freedom of association and to be discriminatory on the grounds of sexual orientation.
The Court’s judgment was informed by a third party intervention submitted jointly by the ICJ, the European Human Rights Advocacy Centre (EHRAC) and ILGA-Europe on 29 July 2016.
The cases were brought by Russian individuals and non-profit organizations (Rainbow House, Movement for Marriage Equality and Sochi Pride House) (Zhadanov and others v. Russia).
The organizations’ registration requests were refused by the authorities and the domestic courts because of formal irregularities in their applications and because their aim was to promote LGBT rights.
In a unanimous judgment, the Court reiterated the importance for individuals to be able to join together to act collectively and establish legal entities. Rejecting as “unconvincing” the Government’s assertion that the applications were refused on procedural grounds, the Court found that in order to obtain registration the organizations would have had to renounce their aims of promoting LGBT rights: “Those grounds touched upon the very core of the applicant organisations and affected the essence of the right to freedom of association”.
Referring to Russia’s submission that the organisations were refused registration to prevent social or religious hatred and disorder, the Court reminded States that they have a positive duty to guarantee the proper functioning of associations, even when they annoy or give offence.
In the present case, rather than taking steps to enable the organizations to carry out their activities without fear of violence, the authorities instead “decided to remove the cause of the tension and avert a risk of disorder by restricting the applicants’ freedom of association”.
The Court therefore found the refusal to register the organizations was not necessary in a democratic society (in breach of Article 11 ECHR).
Having found that the decisive ground for refusing the organizations’ applications for registration was their aim of promoting LGBT rights, the Court held that the applicants had suffered a difference in treatment based on their sexual orientation which could not be reasonably or objectively justified (in breach of Article 14 ECHR in conjunction with Article 11).
EHRAC, ILGA-Europe and ICJ’s joint intervention, drafted by Jeremy McBride QC of Monckton Chambers (UK), focused on the extent of legitimate restrictions on the right to freedom of association for the protection of morals, arguing that it was impossible to protect individual rights if citizens were unable to create associations to defend common interests and needs.
It submitted that any restrictions on this right should be strongly justified and legitimate aims which permitted interference should be interpreted narrowly.
“This judgment reaffirms the vital importance for individuals to be able to group together and organize themselves around shared causes. States must act positively to ensure that this right is meaningful, particularly when people belong to vulnerable or marginalised minority groups or hold unpopular views,” said Joanne Sawyer, Lawyer, EHRAC.
“We are very pleased with European Court’s pioneering judgment confirming the vital right to freedom of association for those promoting rights of LGBTI people. This judgment sends a key message to LGBTI activists in Russia and other countries across Europe who are facing similar discriminatory restrictions – refusal to register associations cannot be justified on the ground of protection of morals,” said Arpi Avetisyan, Senior Litigation Officer, ILGA-Europe.
“The ICJ welcomes the Court’s conclusion that Russia’s refusal to register associations established to promote and protect the human rights of LGBT people cannot be justified on the grounds of protecting moral values or the institutions of the family and marriage,” added Livio Zilli, ICJ Senior Legal Adviser.
Jul 15, 2019 | News
On 13 July 2019, the ICJ hosted a discussion on the human rights consequences of Special Investment Zones in Thailand particularly focusing on the legislative frameworks of Thailand’s Special Economic Zones (SEZs) and the Eastern Economic Corridor (EEC).
Lawyers, members of civil society organizations and academics from across Thailand attended the discussion.
The participants explored existing adverse impacts and potential future impacts on human rights arising from the implementation of the current EEC and SEZ legal frameworks.
The discussion focused on: (i) governing authorities of the SEZs and EEC; (ii) designation of target areas and land acquisition; (iii) environment, health and well-being of the local communities; (iv) other rights of affected individuals and communities; (v) issues pertaining to workers and labour rights and (vi) roles of other stakeholders, including financial institutions, the National Human Rights Commission of Thailand, and the corporate sector.
The participants considered concerns with respect to Thailand’s duty to protect human rights under international human rights standards and identified key issues of concern relating to the legal frameworks of the EEC and SEZs.
During their discussion, the participants highlighted the lack of meaningful participation of affected individuals or communities at the policy and law-making levels and the absence of a formalized way for such individuals and communities to voice their concerns regarding their inability to exercise their rights connected to economic, cultural and social development and international human rights law.
The participants highlighted that the processes of land acquisition and classification of State-owned lands in the areas of SEZs and the EEC were allegedly not carried out in a human rights-compliant manner, and were not in line with the UN Basic Principles and Guidelines on Development-Based Evictions and Displacement.
Key concerns were raised regarding people and communities who has been living on lands upon which they depend for their livelihoods but to which they do not hold land title deeds.
Some participants also stressed the importance of strengthening Environmental Impact Assessment (EIA) and Environmental & Health Impact Assessment (EHIA) procedures.
Proposed improvements included the hiring of independent consultants to carry out EIA and EHIA assessments, effective review by an independent body to ensure the credibility of assessment reports, and other mechanisms to ensure effective monitoring and follow-up on assessments.
Participants also called for the following rights to be respected in the implementation of development-based policy:(i) the right to genuinely and meaningfully take part in public affairs; (ii) the right to take part in cultural life; (iii) the right to secure one’s livelihood; (iv) the right to enjoyment of the highest attainable standard of physical and mental health; (v) the right to water and sanitation; and (vi) the right of access to justice, which encompasses the right to effective remedy and guarantees of the due process of law.
They also urged financial institutions which fund the development of the EEC and SEZs to take a more active role to prevent and mitigate human rights risks.
This discussion will provide the foundation for further work and analysis by the ICJ in detailing the human rights consequences of special investment zones frameworks in Thailand, focusing on the implementation of SEZs and EEC policies. It will also provide the basis for ICJ strategic advocacy at the national level.
Background
The Eastern Economic Corridor (EEC) and Special Economic Zones (SEZs) are flagship economic schemes of the Thai government to boost Thailand’s economy after the military coup in 2014 through large-scale investments into special investment zones covering areas in 13 provinces of Thailand.
In 2015, 10 SEZs were established in 10 different provinces of Thailand as a means to create economically-productive areas in border cities linked to other countries in Southeast Asia.
The SEZs were established towards enhancing growth in 13 target industries. Each SEZ will have different targets depending on each location development and province strategy.
Launched in 2016, the EEC builds upon the former Eastern Seaboard project and is being developed in the eastern coastal provinces of Rayong, Chonburi, and Chachoengsao purportedly to encourage investment into 10 next-generation industries that use innovation and high technology.
The EEC is also designated to be a pilot model in developing other SEZ areas in the future.
The EEC is currently already in operation in part. Most of the SEZs are currently in the process of land acquisition or classification.
Criticisms raised during the discussion noted that (i) the SEZs and EEC had been established without carrying out assessments with the full participation of affected persons, groups and communities; (ii) local residents had been forced off their land without fair or adequate compensation; and (iii) allowing fast-track environmental impact assessments (EIA) could result in undermining the overall objective and effectiveness of EIA.
Jul 12, 2019 | News, Publications, Reports
In a report published today, the ICJ called on the Lebanese authorities to prevent, address and ensure accountability for all forms of gender-based violence (GBV) against women and girls, including by adopting legislative, judicial and other appropriate measures.
The report Gender-based Violence in Lebanon: Inadequate Framework, Ineffective Remedies concludes that the persistence of GBV against women and girls in Lebanon is rooted in entrenched patriarchal norms and cultural stereotypes about the roles and responsibilities of women and men in society prevalent throughout the country, including within the judiciary and among other law enforcement officials.
Moreover, legal frameworks and ineffective procedures for the investigation, prosecution and adjudication of GBV fail to adequately protect women’s rights, the report says.
While steps taken by the Lebanese authorities to remedy some deficiencies in the legal framework are commendable, there is still a long way to go to dismantle the web of legal provisions, including in the Criminal Code, the Nationality Law and Personal Status Laws, which discriminate against women or fail to adequately protect their rights.
“Gender discrimination embedded in family laws and in practices is one root cause of violence against women and girls,” said Roberta Clarke, Chair of the ICJ’s Executive Committee.
“Discrimination and economic dependency act as barriers to women’s access to justice,” she added.
The ICJ is particularly concerned that discriminatory practices and bias against women continue to undermine criminal investigations and prosecutions in GBV cases.
“Lebanon should provide for gender-sensitive investigations and evidence-gathering procedures in order to enable women to report violence against them, and ensure that any case of gender-based violence is prosecuted effectively whenever warranted by the evidence, even where no formal complaint has been lodged or when a complaint is withdrawn,” said Kate Vigneswaran, Senior Legal Adviser for the ICJ’s Middle East and North Africa Programme.
Based on an analysis of 30 judicial decisions related to GBV cases and other research, the ICJ found that stereotyping by justice system actors results in direct and indirect discrimination against women.
This, in turn, greatly diminishes the chance that judges granting remedies are both free from biased assumptions and effective, thereby undermining the justice system’s impartiality.
“Judges must decide gender-based violence cases based on the law and facts of the case, rather than pre-conceived cultural beliefs and social stereotypes that are biased against women,” said Said Benarbia, ICJ MENA Director.
“Courts must not use ‘honour,’ ‘fit of fury’ and victim blaming to shield perpetrators of violence against women from accountability,” he added.
Contact:
Said Benarbia, Director, ICJ Middle East and North Africa Programme, t: +41-22-979-3817; e: said.benarbia@icj.org
Kate Vigneswaran, Senior Legal Adviser, ICJ Middle East and North Africa Programme, t: +31-62-489-4664; e: kate.vigneswaran@icj.org
Additional information
This week, ICJ Commissioner Roberta Clarke led the delegation that met with Lebanese authorities and justice and civil society actors in Beirut to present the ICJ’s report and discuss its findings and recommendations.
The delegation met with Chief Justice Jean Fahed, President of the Lebanese Cassation Court and the High Judicial Council; Mrs. Claudine Aoun Roukoz, President of the National Commission for Lebanese Women; George Fiani, head of the Legal Aid Division of the Beirut Bar Association; representatives of the office of the Prime Minister and the office of the Minister of State for Economic Empowerment of Women and Youth; members of the Internal Security Forces; a member of the National Human Rights Institution; and representatives of civil society and the United Nations.
Lebanon-Gender Violence-Publications (full report, English, in PDF)
Lebanon-Gender Violence-Publications-ARA (full report, Arabic, in PDF)
Lebanon-GBVReport2 launch-News-Press releases-2019-ARA (full story, Arabic, in PDF)
Jul 11, 2019 | News
The ICJ today condemned the raids on 11 July by India’s Central Bureau of Investigation (CBI) on the homes and offices of Anand Grover and Indira Jaising, two lawyers prominent for frequently challenging the Indian government’s failures to respect and promote the rights of all people in India.
Grover and Jaising are both Supreme Court lawyers and co-founders of the Lawyers Collective, a non-governmental organization.
These raids were reportedly conducted pursuant to CBI’s registration of criminal charges into alleged violations of Foreign Contribution (Regulation) Act (FCRA), a much criticized law frequently used to target human rights defenders and critics of the Indian government.
“This raid seems designed to harass and intimidate two tireless advocates of Constitutional and international rights in India,” said Sam Zarifi, Secretary-General of the ICJ.
“The Indian government must immediately cease harassment of the Lawyers Collective and its founders Anand Grover and Indira Jaising,” he added.
The CBI raids appears to be based on a 2016 Ministry of Home Affairs report, now under appeal in the Bombay High Court, and without any material change in circumstances since its release.
The raid has also been conducted notwithstanding a National Human Rights Commission statement seeking a status report from the CBI by 21 July 2019 to ensure that the investigation is “non-discriminatory and to avoid arbitrariness”.
The attack is emblematic of a broader pattern of official threats to and harassment of Indian civil society in general, and the Lawyers Collective in particular.
Lawyers Collective’s FCRA license was cancelled in November 2016, a decision that is under appeal in the Bombay High Court. The action relied upon overly broad and vague legal provisions of the FCRA that violate India’s legal obligation to respect and protect the rights to freedom of expression, association and peaceful assembly.
“The repeated use of the FCRA to target civil society including Lawyers Collective has had a devastating chilling effect on public comment about the government,” said Zarifi.
“The law should be repealed, or substantially amended to include safeguards against arbitrary use of its provisions, and to protect freedom of expression and association,” he added.
The ICJ supports the 2016 call by three United Nations Special Rapporteurs to the Indian Government to repeal FCRA, which decried the FCRA’s use to “silence organisations involved in advocating civil, political, economic, social, environmental or cultural priorities, which may differ from those backed by the Government”.
Jul 8, 2019 | Comunicados de prensa, Informes, Multimedia, Noticias, Publicaciones
Las autoridades venezolanas deben tomar medidas de inmediato para restaurar las instituciones democráticas y el funcionamiento del estado de derecho, lo que incluye disolver la Asamblea Nacional Constituyente y restaurar los poderes constitucionales de la Asamblea Nacional, dijo hoy la CIJ.
Sin lugar para la deliberación, el informe más reciente de una serie sobre derechos humanos y estado de derecho en Venezuela, aborda aspectos profundamente problemáticos con respecto a la creación, composición y funcionamiento de la Asamblea Nacional Constituyente de Venezuela, la cual actualmente detenta funciones legislativas, y su devastador efecto para el Estado de Derecho en ese país.
El reporte muestra que la Asamblea Nacional Constituyente, instalada el 4 de agosto en virtud un decreto ejecutivo del Presidente Nicolás Maduro, ha desplazado la autoridad de la constitucionalmente establecida Asamblea Nacional.
“La ANC fue creada unilateralmente por el Presidente, sin refrendación popular mediante un referendo, configurando una evidente violación a la Constitución, y desde entonces ha actuado como un cuerpo sin control o respeto por el estado de derecho,” dijo Sam Zarifi, Secretario General de la ICJ.
Inicialmente creada para redactar una nueva Constitución, la Asamblea Nacional Constituyente ha sido usada para usurpar funciones legislativas y así aprobar medidas de orden administrativo, electoral y legislativo en favor de la agenda del Poder Ejecutivo, establece el reporte.
El informe documenta cómo la Asamblea Nacional Constituyente adelantó elecciones presidenciales; levantó la inmunidad parlamentaria de diputados de la Asamblea Nacional para permitir su arresto y enjuiciamiento; designó a las autoridades de más alto nivel; y aprobó leyes discriminatorias que criminalizan la libertad de expresión y asociación.
Entre otras cosas, la CIJ recomienda a las autoridades venezolanas que tomen medidas para que:
- Cese el funcionamiento de la Asamblea Nacional Constituyente y se reestablezcan los poderes constitucionales de la Asamblea Nacional.
- Se permita a la Asamblea Nacional revisar los actos adoptados por la Asamblea Nacional Constituyente, a fin de dejarlos sin efecto total o parcialmente, de manera inmediata o condicional, en aras de preservar la seguridad jurídica.
Contactos:
Sam Zarifi: Secretario General de la CIJ; t +41 79 726 44 15; e sam.zarifi(a)icj.org
Santiago Martínez Neira: abogado consultor de la CIJ; e santiago.mn(a)gmail.com
Venezuela-Sin Lugar para la deliberacion-Publications-Reports- fact findings mission reports-2019-SPA (Informe, en PDF)
Video de un evento paralelo sobre la crisis de derechos humanos en Venezuela, organizado conjuntamente con Amesty International:
https://www.facebook.com/ridhglobal/videos/1206399322898690/
