Sep 11, 2017
The 36th Session of the UN Human Rights Council, which commenced today, should adopt a resolution which directly addresses the unfolding human rights crisis in Cambodia, said the ICJ today.
The resolution should also urge the Cambodian government to curb its rights violations, and take steps to ensure that the upcoming elections take place in an environment in which everyone is able fully to exercise relevant human rights.
“It is imperative that the Human Rights Council addresses the rapidly deteriorating human rights situation in Cambodia,” said Frederick Rawski, ICJ Regional Director of Asia and the Pacific.
“The international community should strongly urge Cambodia to curb its human rights violations and adopt a course which fosters an environment that ensures respect for human rights as enshrined in the 1991 Paris Peace Agreements,” he added.
On 8 September 2017, the ICJ, together with Asian Forum for Human Rights and Development (FORUM-ASIA), CIVICUS, Human Rights Watch, International Federation for Human Rights (FIDH), and the World Organisation Against Torture (OMCT), wrote to the Human Rights Council Member and Observer States.
The letter urged them to speak out against the latest abuses clearly during the Human Rights Council session, and for the Human Rights Council to adopt a resolution that explicitly condemns the current situation of violations and accordingly.
1. The resolution should request a report by the UN High Commissioner for Human Rights, in consultation with the Special Rapporteur, that would:
- assess the civil and political rights situation in Cambodia in the pre-election period; and
- identify concrete actions that the Cambodian government and international community need to take to ensure that the conditions in which th election takes place accord with international human rights standards; and
2. The resolution should request the High Commissioner to provide an oral update to the Council at its 37th session in March 2018, and present his report at the 38th session in June 2018; and
3. The resolution should provide that at its sessions in March and June, the Council will hold an Enhanced Interactive Dialogue on relevant issues in Cambodia, including stakeholders such as staff from Cambodia’s OHCHR office, the Special Rapporteur on Cambodia, other relevant UN Special Procedures and members of local and international civil society.
The letter sets out a detailed list of examples of human rights violations which form part of a comprehensive campaign of intimidation, violence and misuse of legal mechanisms in the lead-up to next year’s national election.
These include the recent charging of the leader of the opposition, Kem Sokha, with treason in a case that has all the hallmarks of being politically motivated, the expelling of the leading pro-democracy NGO, the National Democratic Institute, and the intimidation and forced closure of several independent media outlets including the Cambodia Daily and Mohanokor Radio.
The 36th Session of the Human Rights Council, which is being held in Geneva from 11-29 September 2017, will address a number of human rights situations and issues from around the world, including the human rights situation in Cambodia.
At 11am on 19 September 2017, the ICJ, Human Rights Watch and other organizations plan to hold a public side event in Geneva to the Human Rights Council at which the rapidly deteriorating human rights situation in the country will be discussed.
On 26 September, the UN Special Rapporteur to Cambodia is scheduled to report to the Human Rights Council on the implementation of her mandate and the Council is likely to adopt a resolution to extend the mandate of the Special Rapporteur.
The Special Rapporteur will present her report and engage in a formal “interactive dialogue” with States, civil society and Cambodia on the human rights situation in the country (currently scheduled for 26 September).
The UN Secretary General is also due to report on the role and achievements of OHCHR in “assisting the Government and the people of Cambodia in the promotion and protection of human rights”. This report will be discussed, together with other country situations, during a General Debate taking place on 27-28 September.
Contact
Frederick Rawski (Bangkok), ICJ Asia Pacific Regional Director, e: frederick.rawski(a)icj.org
Kingsley Abbott, ICJ Senior International Legal Adviser for Southeast Asia, t: +66 94 470 1345 ; e: kingsley.abbott(a)icj.org
Cambodia-Joint Civil Society letter-Advocacy-Open letters-2017-ENG (text of letter, in PDF)
Sep 11, 2017 | News
The Government of Myanmar must do everything in its power to respect and protect human rights during military operations in northern Rakhine State, said the ICJ today.
These military operations have reportedly resulted in widespread unlawful killing and the displacement of more than 200,000 people in response to attacks attributed to ARSA.
The ICJ called on Myanmar’s government to act as swiftly as possible to address the root causes of violence, discrimination and under-development in Rakhine, as well as for enhanced engagement by the international community in efforts to effectively address the situation, and to take measures to ensure that security operations are conducted in accordance with international human rights standards.
The military operations follow attacks by ARSA on August 25 on police posts and a military base in which at least 12 police, military and government officials were killed, along with a large number of attackers (according to government figures).
In the wake of the attacks on 25 August, the military launched what it has termed as a “clearance operation,” and the government announced that parts of northern Rakhine State have been designated as a “military operations area.”
“The attacks attributed to ARSA constitute serious crimes for which individual perpetrators should be brought to account through fair trials conducted in accordance with international standards,” said Sam Zarifi, ICJ’s Secretary General.
“But ‘clearance operations’ carried out by the Tatmadaw (Myanmar’s military) in an unlawful manner, and allegations of serious human rights violations, many amounting to crimes under international law, are on an entirely different scale and cannot be justified in the name of security or countering terrorism. These allegations must be promptly investigated in light of the Tatmadaw’s decades-long record of grave human rights violations and impunity throughout Myanmar,” he added.
“The Tatmadaw is responsible for the conduct of security operations in Rakhine as in other parts of the country, but the entire government remains responsible for upholding its international legal obligations to protect the rights of everyone living in Rakhine State – including the Rohingya Muslim communities that constitute the overwhelming majority of the population in the areas most affected by the violence,” Zarifi said.
“We also urge the State Counsellor Aung San Suu Kyi to use her immense electoral popularity and moral stature to push for full respect for human rights for the Rohingya as well as all others in Rakhine State.”
In the wake of the attacks on 25 August, the military launched what it has termed as a “clearance operation,” and the government announced that parts of northern Rakhine State have been designated as a “military operations area.”
These terms are not clearly prescribed in Myanmar’s laws, but in practice seem to be used to grant the military authority to ignore legal protections afforded under the country’s constitution and international standards.
“Whatever descriptive cover may be used to describe security operations, they must scrupulously respect international standards on the use of force.” Zarifi said.
“Myanmar’s government has the right, indeed the obligation, to protect all people in its jurisdiction from attacks by armed groups, but it must do so in conformity with international law. Experience from around the world has shown that greater respect for rule of law and human rights is the most effective response to terrorism,” he added.
This was unfortunately not the case following the arrests and detentions carried out during the military operations that followed attacks in October 2016.
Many of these arrests appear arbitrary and unlawful, as detainees were not given access to legal counsel, and deaths in custody have not been properly investigated.
Similar violations by the military have been documented recently in Shan and Kachin States.
Government authorities must ensure that arrest and detention in the context of the current operations in Rakhine State be conducted in accordance with national and international law, and respect the rights to liberty, freedom from arbitrary detention and a fair trial.
The most effective way for the government to respond to allegations of abuse by the security forces both in Rakhine and elsewhere in the country would be to take well-founded allegations seriously, and ensure that they are promptly, impartially and thoroughly investigated and those responsibility are brought to justice.
It is an unfortunate fact that investigations and prosecutions of human rights violations are rarely undertaken in regular courts, as national laws shield security forces from public criminal prosecutions, often by using military or special police courts.
Zarifi further said: “Ending the military’s impunity would establish much needed confidence in the government’s commitment to upholding the rule of law.”
“One immediate way to illustrate this commitment would be to cooperate with the UN Fact Finding Mission, which the ICJ and other organizations called for earlier in the year, to investigate allegations of human rights violations and abuses in Myanmar.”
“There are paths forward for the government to both respond to allegations of rights violations, and to show its commitment to finding solutions to the unacceptable state of affairs in Rakhine State.”
Myanmar-RakhineStateCrisis-PressReleases-2017-ENG (full press release)
Sep 3, 2017 | News
On 2 and 3 September, the ICJ held a workshop on “the Rule of Law and Strengthening the Administration of Justice in the Context of Restorative Justice” for members of the Thai judiciary.
The workshop was held in Chiang Mai.
Twenty-two judges attended the workshop, with an observer from the Thailand Institute of Justice (TIJ).
The objective of the workshop was to discuss how to best apply international standards of restorative justice within Thailand’s justice system.
Restorative justice is based on the fundamental principle that criminal behavior not only violates the law, but also injures victims and the community.
A restorative process is any process in which the victim and the offender and, where appropriate, any other individuals or community members affected by a crime participate together actively in the resolution of matters arising from the crime, with the help of a facilitator.
Frederick Rawski, Regional Director of ICJ Asia and the Pacific, recognized in his opening statement that implementation of restorative justice, including constructive non-custodial sentencing and measures, could assist in combating the problem of overcrowding in detention facilities in the North of Thailand, particularly with respect to drug-dependent offenders.
The workshop made reference to the United Nations Declaration of Basic Principles on the Use of Restorative Justice Programmes in Criminal Matters, which was adopted by the United Nations Economic and Social Council in 2002.
Speakers at the Workshop included Chief Justice Somnuk Panich from Office of the Chief Justice Region V, who formally opened the workshop, Judge Dr. Dol Bunnag, Presiding Judge of Intellectual Property and International Trade Court, who summarized the landscape of restorative justice in Thailand, and Judge Sir David James Carruthers from New Zealand, an international expert on restorative justice in New Zealand.
ICJ’s Senior International Legal Adviser Kingsley Abbott moderated the two-day workshop.
The ICJ ended the workshop with a statement reiterating its commitment towards working with Thailand’s judiciary to strengthen the rule of law and administration of justice in Thailand.
Sep 1, 2017 | News
On 1 September, the ICJ, in collaboration with Chiang Mai University’s Faculty of Law and Chiang Mai University’s Center for Ethnic Studies and Development under its Faculty of Social Science, conducted a workshop on how effectively to conduct trial observation.
Participants in the Workshop included undergraduate and postgraduate students and lecturers from Chiang Mai University, lawyers and representatives from Thai civil society organizations.
The workshop was held at Chiang Mai University’s Faculty of Law campus.
The objective of the workshop was to provide participants with an overview of international law and standards governing right to a fair trial and due process in the administration of criminal justice.
The workshop used the ICJ’s Practitioners Guide No. 5, the Trial Observation Manual for Criminal Proceedings, as the basis of training.
The workshop trained participants on practical preparation techniques before undertaking trial observations, critical elements of trial observations, drafting of trial observation reports, general international legal standards governing fair trials, international legal standards applicable to arrest and pre-trial detention in criminal proceedings and international legal standards applicable to trial proceedings.
The speakers at the workshop were Kingsley Abbott, ICJ Senior International Legal Adviser, Southeast Asia and Sanhawan Srisod, ICJ Associate National Legal Adviser, Thailand.
Aug 30, 2017 | News
On 30 August, the ICJ co-hosted an event in Bangkok, Thailand, named “International Day of the Victims of Enforced Disappearance: Human Rights Defenders & the Disappeared Justice”.
The event began with opening remarks by South-East Asia’s Regional Representative of the United Nations Office of the High Commissioner for Human Rights (OHCHR) Cynthia Veliko.
Thereafter, Kingsley Abbott, ICJ Senior International Legal Adviser, spoke in a panel discussion about enforced disappearances in Thailand, highlighting the need for Thailand to comply with its human rights obligations under international law.
This panel discussion also included Ms. Oranuch Phonpinyo, Community Representative, forensics expert Dr. Pornthip Rojanasunan and former National Human Rights Commissioner Dr. Niran Pitakwatchara.
In a second panel discussion held during the event, speakers included Ms. Phinnapha Phrueksaphan, Victim Representative, Ms. Angkhana Neelapaijit, National Human Rights Commissioner and Victim Representative, Ms. Nareeluc Pairchaiyapoom from Thailand’s Ministry of Justice and prominent human rights lawyer Mr. Somchai Homlaor.
The event focused on the lack of progress in Thailand with regard to investigating cases of apparent enforced disappearance and called for the Royal Thai government to amend and pass legislation criminalizing torture, ill-treatment and enforced disappearance without further delay.
Thailand is a State party to the International Covenant on Civil and Political Rights (ICCPR), the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment (CAT) and has signed, but not yet ratified, the International Convention for the Protection of All Persons from Enforced Disappearance (ICPPED).
The other organizers of the event were OHCHR’s South-East Asia Regional Office, the Cross Cultural Foundation (CrCF), Human Rights Lawyers Association (HRLA), the Esaan Land Reform Network, Amnesty International Thailand, Thailand’s Ministry of Justice and the Association for the Prevention of Torture (APT).
Copies of an open letter sent by the ICJ and other human rights groups to the Royal Thai government on 30 August were distributed to the event’s participants.
Contact
Kingsley Abbott, ICJ Senior International Legal Adviser for Southeast Asia, kingsley.abbott(a)icj.org
See the full open letter here in English and Thai
Read also
Ten Years Without Truth: Somchai Neelapaijit and Enforced Disappearances in Thailand
