Feb 20, 2016
Hoy, la CIJ hace público su estudio sobre los vacíos e incompatibilidades del sistema jurídico e institucional colombiano respecto de las disposiciones de la Convención internacional para la protección de todas las personas contra las desapariciones forzadas.
Asimismo, el estudio identifica las medidas y los correctivos necesarios para adecuar el ordenamiento interno a las disposiciones y obligaciones establecidas en la Convención. Así, la CIJ pretende contribuir a una correcta implementación en el orden nacional colombiano de la Convención.
En julio de 2012, el Estado colombiano ratificó la Convención y, en diciembre 2014, presentó su informe sobre la implementación de este tratado para su examen por el Comité contra las Desapariciones Forzadas. Según la programación del Comité, el informe será examinado en septiembre de 2016.
Colombia-CIJ EstudioVacíosDesapForz-Publications-Thematic report-2016-SPA (full report, in PDF)
Feb 19, 2016
Today, the ICJ publishes Refugee Status Claims Based on Sexual Orientation and Gender Identity – A Practitioners’ Guide.
The organization has decided to publish this guide for two main reasons.
First, persecution of individuals motivated in whole or in part by ignorance of, prejudice and hatred against their real or imputed sexual orientation and/or gender identity (SOGI) is rife in all regions of the world, with serious and widespread human rights abuses being perpetrated too often with complete impunity.
Therefore, claims to refugee status under the Refugee Convention for reasons of real or imputed SOGI are unfortunately likely to increase in all regions, given that around the world, lesbian, gay, bisexual, transgender and intersex individuals continue to be targeted for egregious human rights abuses, paradoxically, in part, because they have become more visible by asserting their existence, rights and agency outside the relative safety of “the closet”.
Secondly, while persecution for reasons of real or imputed SOGI is not a new phenomenon, in many asylum countries there is a greater awareness that people fleeing persecution for those reasons are entitled to be recognized as refugees under the Refugee Convention.
Nonetheless, this is an area of the law of refugee status where the application of the refugee definition remains inconsistent, as it is complex and fraught with both substantive and procedural challenges.
The ICJ’s latest practitioners’ guide describes both in general and specific terms each element of the refugee definition under the Refugee Convention that is critical to understanding and doing justice to claims based on SOGI.
After discussing how to establish refugee claimants’ credibility with respect to SOGI, the structure of the practitioners’ guide follows the relevant elements of the refugee definition in Article 1A(2) of the Refugee Convention, namely: well-founded fear; persecution; for reasons of; membership of a particular social group; and failure of State protection.
The guide also addresses the concepts of internal flight/relocation alternative and sur place refugee claims, which, while not expressly mentioned in the Refugee Convention, are increasingly critical to refugee claims for reasons of SOGI.
The practitioners’ guide is intended to provide both legal and practical interpretative guidance on those types of refugee claims to:
- legal practitioners representing individuals;
- others who assist refugee claimants, whether in a professional or voluntary capacity, including members of non-governmental organizations;
- decision-makers within refugee status determination authorities and members of the judiciary presiding over claims to refugee status;
- officials within government departments issuing asylum policy guidance and instructions;
- UNHCR officials both within the Division of International Protection and those who carry out refugee status determination under the agency’s Statute; and
- refugee claimants themselves.
The ICJ’s aspiration and ultimate aim in producing this practitioners’ guide is to provide enduring legal and practical advice on the interpretation of the refugee definition under the Refugee Convention in respect of claims to refugee status based on SOGI notwithstanding the fact that this is an area where the law of refugee status is particularly fast-moving and is constantly evolving.
Finally, the ICJ hopes that this practitioners’ guide will assist in ensuring that people entitled to international protection for reasons of real or imputed SOGI be recognized as refugees under the Convention.
universal-pg-11-asylum-claims-sogi-publications-practitioners-guide-series-2016-eng (full book in PDF)
Dec 10, 2015
“Women human rights defenders and lawyers must be able to carry out their work on the basis of equality, free from gender discrimination,” says the ICJ’s new reflection paper.
The ICJ has today released a paper, Drivers of Change: Women Lawyers and Human Rights Defenders in Africa.
This paper is an outcome of a multi-year initiative to support women judges, lawyers and human rights defenders within Africa.
This initiative has included a number of colloquia with these actors, which have taken place in Tanzania, Tunisia, Geneva, Zimbabwe and Swaziland over the course of two year.
This paper reflects upon the challenges, risks and opportunities faced by women lawyers and human rights defenders both generally as women in these roles and specifically as defenders of women’s rights.
The ICJ explored issues of threats to women’s security, and consideration of the kinds of reprisals that are routinely experienced by women lawyers and human rights defenders in Africa as a result of the work they do.
Another issue addressed is that of the discriminatory attitudes and gender stereotyping women lawyers and human rights defenders have experienced within the workplace and within their families and communities as well.
Finally, the paper also considers issues around the promotion and protection of the rights of women, including informing women about their rights and addressing gaps or inadequacies in national legislation and insufficient funding.
The paper makes a number of recommendations drawn from the experiences shared by participants at the colloquia.
The report concludes that “States must create an environment which enables women human rights defenders and lawyers to carry out their work in safety, free from reprisals including harassment, arrest, prosecution, violence and death.”
Africa-Women Lawyers & HRDs drivers of change-Publications-Thematic report-2015-ENG (full report in PDF)
Nov 5, 2015
The ICJ has released a paper reflecting discussions on the implementation of international law and standards on sexual and gender based violence within the context of fair trial standards.
The discussions took place at an ICJ organized regional colloquium event, which took place in Swaziland in July 2015, attended by judges, lawyers, academics and other human rights defenders from Sub-Saharan Africa.
The theme of sexual and gender based violence in the context of fair trial standards focus attention on one of the prevalent challenges faced by women human rights defenders when seeking to use law and justice systems, and the ways in which laws and justice institutions may hamper or undermine their work as defenders.
Sexual and gender based violence is a persistent and universal problem that occurs globally across all geographical regions and social strata.
Yet, despite its pervasiveness gender based violence does not get the attention called for by the extent of the problem.
Participants identified a number of issues in the way the problem of sexual and gender based violence has been addressed and in how domestic legislation designed to combat the problem has been implemented.
Participants made a number of recommendations around the following areas:
- Balancing the rights of victims and accused at trial;
- Protecting the rights of children and other vulnerable victims at trial;
- Implementing international standards on sexual and gender based violence;
- National legislation on sexual and gender based violence;
- Cross-sector collaboration;
- Changing cultural attitudes; and
- Applying a gender balanced perspective.
Africa-Sexual and gender based violence-Publication-Thematic report-2015-ENG (full report in PDF)
May 15, 2015
The ICJ has issued its Annual Report 2014, which offers a concise summary of the work carried out by the ICJ over the last year.
In 2014, the world witnessed a new threat to its peace and security with the growing menace of publicity-seeking extremist groups, committing acts of unspeakable barbarity, inflicting wanton cruelty on innocent individuals around the globe.
In addition to the threat to human rights that these groups pose in and of themselves are the threats to human rights that arise from states counter-terrorism efforts that confine the space in which fundamental freedoms are accessible to its citizens.
The ICJ does not believe that counter-terrorism efforts give states carte blanche to disregard their human rights obligations.
Throughout 2014, the ICJ proactively advocated for the accountability of officials responsible for torture, enforced disappearances and other human rights violations that occurred in the course of the CIA’s rendition and secret detention programmes.
In May 2014, Thailand underwent its twelfth military coup since 1932, which has resulted in the implementation of a wide range of measures in clear contravention of Thailand’s international human rights obligations.
The ICJ has worked diligently to remind Thailand of its international responsibilities and to highlight these violations to the international community.
The rule of law cannot exist without an impartial and effective judiciary. In 2014, the ICJ shone a spotlight on the lack of judicial independence in Venezuela through a series of publications, press releases and public events.
The ICJ was also compelled to condemn the judicial persecution of prominent Swazi human rights defender Thulani Maseko, after he was charged and sentenced to two years imprisonment following the publication of an article criticizing judicial conduct.
In 2015, the ICJ intends to develop its work with the institutions of the EU and strengthen its voice in Europe, following the establishment of the ICJ-European Institutions Brussels office.
In Europe and Central Asia, the ICJ will continue its dedicated work on migration and will look to geographically expand its programme of activities further.
In Asia, the ICJ will continue its work with the judiciary in Myanmar and efforts to counter the increasing use of military courts for civilians across the region.
In Africa, the ICJ will be starting a new project in Swaziland and continuing its work to strengthen regional networks of human rights defenders and lawyers.
In Central and South America, the ICJ will continue to strive for justice for victims of enforced disappearances.
In the Middle East, the ICJ continues to expand its field presence and to work for the implementation of strong regional human rights standards.
Download:
Universal-ICJ Annual Report-Publications-Annual Report-2015-ENG (full ICJ Annual report 2014 in PDF, high resolution, best quality)
Universal-ICJ Annual Report low res-Publications-Annual Report-2015-ENG (full ICJ Annual report 2014 in PDF, low resolution, lighter, but lesser quality)
