The report “Post-War Justice in Sri Lanka: Rule of Law, the Criminal Justice System, and Commissions of Inquiry” addresses the systematic absence of remedies for gross human rights violations in Sri Lanka.
A new ICJ report released today addresses the systematic absence of remedies for gross human rights violations in Sri Lanka between 1977 and 2001 – a period of widespread disappearances and unlawful killings.
This study surveys the international and domestic legal framework applicable in engaging the liability of business enterprises for human rights and environmental abuses occurring in the Philippines.
The domestic law of the Philippines does provide, substantively and procedurally, for some measure of judicial and/or administrative remedy for victims of human rights abuse by corporations and other business enterprises. Nonetheless, as the study illustrates, access to justice for such victims remains highly limited. Major obstacles include the murky or impenetrable corporate structures of alleged abusive companies; prohibitive fees imposed on claimants, and disincentives for pursuing remedies, which may arise from incidence or threats of violence, reprisals, or counter-litigation. Despite their prevalence, these obstacles are not always insurmountable. By reducing fees and processing times of human rights claims, providing training on technical elements of human rights law to the judiciary, and reforming law to enforce corporate transparency, the study suggests that the Filipino justice system can be modified to more effectively provide for adequate remedies in cases of corporate human rights abuse.
Philippines-access justice-publication-2010 (full text in English, PDF)
This study examines how the Chinese legal order can both limit and aid access to justice for victims of corporate human rights abuses.
Although the Chinese legal system has established liability for corporations, in regard to the legal remedies available, claimants face a number of obstacles preventing them from obtaining fair, timely and effective adjudication of their claims. Case studies relating to mining, internet censorship and contaminated food products provide palpable illustrations of these obstacles, evidencing that the legal and political reforms in China are lagging behind the economic and market reforms. Judges lack independence to adjudicate, especially in politically sensitive cases, and the legal profession faces severe limitations. Class action and public interest litigation remain undeveloped, the availability of legal aid is limited, and the law concerning the piercing of the corporate veil has not yet been tested in a human rights case. These factors together make victims’ search for justice a daunting task. The study concludes by offering recommendations to improve access to justice in China for victims of human rights abuse by corporations.
China-access justice-publication-2010 (full text in English, PDF)
The ICJ today urged the Government of Nepal to demonstrate its commitment to end impunity by arresting Major Niranjan Basnet upon his return from a UN peacekeeping mission in Chad.
Major Basnet is one of four Nepal Army officials accused in the enforced disappearance, torture and killing of Maina Sunuwar on 17 February 2004. Maina Sunuwar’s body was exhumed in March 2007 from its clandestine burial site at the Nepal Army Birendra Peace Operations Training Centre in Panchkhal.
Nepal-army officer-press release-2010-eng (full text, pdf)
Nepal-army officer-press release-2010-nep (full text, pdf)
HRC61: ICJ Statement on attacks against the rule of law and independent legal professionals — highlighting situations in Afghanistan and Guatemala
Iran/United States/Israel: Unlawful attacks must cease
The Use of Anti-Terrorism Courts to Suppress Dissent in Venezuela
South Sudan: Extend UN Investigations Amid Deteriorating Human Rights Crisis