Sep 6, 2016
This publication released today by the ICJ summarizes and explains the rights of people in Africa who are suspected of or charged with a criminal offence from the time of arrest until trial, as set out in standards of the African Union and United Nations (UN).
The idea for the publication was first discussed at a regional symposium of judges that was convened by the ICJ, working together with the Southern Africa Chief Justice Forum and the Africa Judges and Jurists in Pretoria in September 2014.
The theme was carried forward to the Southern Africa Chief Justice Forum held in Victoria Falls in August 2015. The Guide builds on these two initiatives.
It is a tool for lawyers, judges, and law-makers seeking to ensure that criminal laws and practices, from arrest until trial, comply with a State’s obligations under international human rights law.
In particular, these laws and practices should be consistent with the standards set by the African Union and the United Nations.
The Guide may also be useful to people observing trials with a view to assessing their fairness in the light of international standards, or others seeking to evaluate the extent to which the country’s criminal procedure codes and practices adhere to international standards.
The Guide may also be used as an educational and training tool. Its 11 chapters each set out one or more rights relevant to the various stages and proceedings in a criminal case, indicating which African and UN standards guarantee the rights and illustrating how the rights and standards have been construed and interpreted by African and universal human rights bodies.
africa-pretrial-rights-publications-reports-thematic-reports-2016-eng (full publication, in PDF)
Sep 5, 2016
The ICJ has issued its Annual Report 2015, which offers a concise summary of the work carried out by the ICJ over the past year.
While the ICJ continues to engage with and often lead on the development and implementation of regional and international human rights standards, the ICJ is witnessing an attack on these standards.
Today, there are signs of a global backlash against human rights protections that has gone beyond a reduced government commitment to provide support and has instead, in some quarters, transformed into active hostility to these rights.
Political and economic trends are undermining human rights standards so that millions have become more, rather than less, vulnerable.
Inequality and discrimination are becoming more entrenched. With increasingly narrowing support, this is a difficult time to be operating in human rights protection.
Last year, the ICJ has worked hard to press in the UN and other intergovernmental fora for better protections and clearer standards aimed at ensuring accountability and access to justice for everyone.
The ICJ also continues to be concerned about judicial independence and impropriety and whilst it continues to support the former, it is also concerned where acts of judicial impropriety are rampant, and judges are not held accountable for abuses of judicial position and mis-application of the law that undermines human rights protection.
In 2015, the ICJ continued its work in monitoring the counter-terrorism measures introduced by some States and highlighting issues that raise human rights concerns and it has also focused on the issue of human rights in the digital age.
Last year, the ICJ’s work also continued to focus on the most marginalized groups in society that, already vulnerable to rights violations, are the first to suffer from a weakening of rights protection.
On the issue of enforced disappearances, the ICJ published a new ICJ Practitioners’ Guide on enforced disappearances and extrajudicial executions, available in both Spanish and English.
For a complete overview of ICJ’s most important activities in 2015, you can download the Annual Report 2015 (in PDF) here:
Universal-ICJ Annual Report-Publications-Annual Report-2015-ENG
Universal-ICJ Annual Report low res-Publications-Annual Report-2015-ENG (in low resolution to download faster)
Apr 22, 2016
The ICJ and Child Rights (CRIN) launched today a practical guide on how to use the United Nations Committee on the Rights of the Child’s 16th General Comment to make its recommendations and guidance a reality.
The 16th General Comment focuses on State obligations regarding the impact of the business sector on children’s rights.
The guide also provides examples of how NGOs have intervened on behalf of children, as well as advice on litigation, monitoring, advocacy and activism on behalf of children.
The impact of business on children is often overlooked by many human rights advocates and while attention given to the impacts of business on human rights has increased recently, the ways in which children are affected by business operations have not yet attracted sufficient attention.
CRIN and the ICJ hope that this guide goes some way to filling this gap and will be a useful starting point for further research and discussion.
Businesses can have a huge impact on children, with the potential for violations of their rights present in virtually every industry.
There are also vast power imbalances between children and business and, often, prohibitive costs involved in litigation against companies which have violated children’s rights.
Such cases are frequently settled out of court, while in many countries children do not even have standing to bring cases on their own behalf.
Violations of children’s rights continue to take place despite States’ obligations to cooperate to achieve the realization of children’s rights beyond their territorial boundaries.
Ultimately this means that non-governmental organizations (NGOs) must work together to push for change alongside governments if children’s rights are to be respected.
Universal-Guide UN Committee on Rights of the Child-Publications-Reports-2016-ENG (full report, in PDF)
Mar 29, 2016
As the Government and the National Reconstruction Authority (NRA) finally begin the reconstruction phase of their response to the 2015 earthquake, they must ensure that the post-earthquake recovery moves forward in full accordance with the country’s human rights obligations.
Nepali authorities must ensure that post-earthquake assistance is based on needs alone and without discrimination on any status grounds, including descent (caste), gender, ethnicity or political affiliation, say the ICJ and and the Nepal Bar Association (NBA).
A preliminary report released today presents the results of a fact-finding study conducted in 2015 by the ICJ, in collaboration with the NBA, and focuses on three disaster-affected districts of Gorkha, Dolakha and Okhaldungha with the aim of assessing the humanitarian response in the earthquake’s immediate aftermath on the basis of international human rights law and standards.
In particular, the report notes that such assistance must be directed at protecting key economic and social rights, such as the rights to food, water, adequate housing, health, education and adequate standard of living.
“The ICJ and the NBA found that the political delays in operationalizing the NRA aggravated existing problems with marginalized groups and hampered the provision of necessary aid,” said Nikhil Narayan, the ICJ’s Senior Legal Advisor for South Asia and Head of Office in Nepal.
“Nepali authorities, particularly the newly launched NRA, must re-affirm their commitment to protecting the rights of those affected by the earthquake who have been suffering for nearly one year now,” he added.
The report aims to assist policy makers, particularly the recently operational NRA, and humanitarian actors by identifying the most immediate human rights concerns and providing recommendations to ensure the protection of the human rights of affected populations.
Among its main findings, the report raises concerns that:
- The Nepal Government’s undue delay in formulating a comprehensive long term policy plan for resettlement, livelihood and other assistance for those displaced has severely infringed victims’ right to adequate housing;
- The undue delay for political reasons in the establishment of a central coordinating body such as the NRA, and the failure to provide adequate guidance to local authorities in the meantime, exacerbated the other infringements of rights by stalling the relief and reconstruction process;
- The loss of documentation and the burdensome process to reacquire necessary documentation, including EVIC cards, other personal identity records and land and property ownership records, greatly impacted victims’ access to humanitarian assistance to fulfill at least the minimum essential levels of their economic and social rights and the right to recognition before the law;
- Many of the most vulnerable victims were not provided adequate information by authorities on the assistance to which they were entitled, or the process by which they could access these entitlements;
- The lack of a participatory or transparent consultative process in the design and implementation of relief programs, and a lack of awareness of available complaints mechanisms, denied many victims access to needs-appropriate relief and to redress for their grievances;
- While further in-depth field research is necessary, anecdotal information suggested that discrimination based on political affiliation, caste and gender persisted in some degree in the humanitarian relief process.
Among its key recommendations, the report observes that:
- The Government of Nepal should ensure that the NRA is provided adequate resources to fulfill its mandate promptly, independently, impartially and with full consideration for Nepal’s national and international human rights obligations;
- Nepali authorities (both the Government and the NRA) should ensure that the resettlement and reconstruction process is carried out transparently and uniformly based on need alone, in a participatory and consultative manner, and in conformity with principles of equal protection and non-discrimination;
- Nepali authorities should take special measures where necessary to ensure that women and marginalized and disadvantaged groups have equal access to assistance, including easing the procedural obstacles to obtain assistance due to lost documentation;
- Nepali authorities should ensure that an independent and impartial mechanism is available to promptly, effectively and transparently investigate complaints of discrimination, abuse of authority or corruption in both the prior phase of relief as well as the next phase of reconstruction, and that those persons found responsible are held accountable.
The NRA formally launched its operations on 16 January 2016, and is now preparing to distribute the first installment of housing reconstruction grants for displaced persons in Dolakha in coming weeks.
“Nepali authorities had a monumental challenge to respond urgently to the devastating human and physical toll caused by the April 2015 earthquake, even as they too were suffering the same trauma as the rest of the population,” said Sunil Pokharel, the NBA’s Secretary General.
“At the same time, safeguarding the human rights of victims is especially critical in times of disaster, and the State has a duty to ensure that human rights are fully integrated in post-disaster humanitarian assistance from the outset and at all phases,” he added.
Nepal-Earthquake Disaster response-Publications-Reports-2016-ENG (full report in PDF)
Mar 21, 2016
Hoy, la CIJ lanza su informe de misión sobre el impacto de las industrias extractivas en la vulneración de los derechos económicos, sociales y culturales de la población y en la exacerbación de los conflictos sociales en Perú.
El informe analiza las amenazas y violaciones a los derechos económicos, sociales y culturales, generadas durante la planificación, la exploración y la explotación de recursos extractivos.
Asimismo, el informe da cuenta de la respuesta estatal a las demandas de las comunidades frente a las exacciones y los abusos de los proyectos y actividades de las industrias extractivas.
Finalmente, el informe formula recomendaciones al Estado Peruano para garantizar los derechos humanos, la protección del medio ambiente y poner fin a los abusos y exacciones cometidas contra las comunidades.
La Misión de observación visitó al Perú en el curso del mes de noviembre de 2015 población y estuvo integrada por María Clara Galvis (Colombia), Rafael Uzcátegui (Venezuela) y Sandra Ratjen, Consejera jurídica principal responsable del Programa de Derechos Económicos, Sociales y Culturales de la CIJ.
Peru-DESC extractives-Publications-Reports-Facts Finding Mission Report-2016-SPA (full report, in PDF, Spanish)
On Video: testimonials
