Mar 17, 2021 | News
Imposition of Martial Law in several areas of Myanmar subjects civilians to trial by military tribunals, a dangerous escalation of the military’s repression of peaceful protests, said the ICJ today.
“Use of martial law marks the return to the dark days of completely arbitrary military rule in Myanmar. It effectively removes all protections for protestors, leaving them at the mercy of unfair military tribunals.”
– Ian Seiderman, ICJ’s director of law and policy
On 14 March, the Myanmar military issued Martial Law Order 3/2021, covering a number of townships of different provinces in Myanmar. According to this order, military officials assume full authority from civilian officials, and civilians may be subjected to military tribunals for charges of 23 violations of the criminal code and other laws. The 23 crimes include many of the charges used most against peaceful protesters in the past month, including charges of ‘disrupting or hindering government employees and services’ and ‘spreading false news’ about the government, and ‘exciting disaffection towards the government.’
The Martial Law Order also assigns disproportionately severe sentences, including the death penalty and prison sentences with hard labor. Judgments of military tribunals are not subject to appeal, even if the death penalty is imposed.
“Martial law has been imposed in precisely the areas where the military have used unlawful and lethal force against peaceful protesters, and removes even the pretense of access to courts for the people whose rights have been violated systematically by the military, ” said Seiderman.
The ICJ’s detailed review of military courts has documented that they lack competence, independence and impartiality to prosecute civilians. International law provides that the jurisdiction of military tribunals must generally be restricted solely to specifically military offenses committed by military personnel.
“The military courts lack transparency, due process and judicial oversights. It leaves no possibility to appeal the sentences, including the death sentences that have been handed down by military generals, ” said Seiderman.
Since the military coup d’etat of February 1 and the declaration of a state of emergency, the military has enacted and amended legislation enabling ongoing gross human rights violations, including possible crimes against humanity. More than 200 people have been unlawfully killed, with 2,000 more injured as security forces have used excessive force to suppress peaceful protests.
Background
On 14 March, the military-appointed State Administration Council, in accordance with Article 419 of the Constitution, enacted Martial Law Order 1/2021, imposing martial law in a number of areas in Yangon. The affected areas were further expanded through two other orders issued on 15 March, Martial Law Order 2/2021 and 3/2021. These orders transfer all power to the Military Commander in those areas. All local administration bodies have been placed under martial law, effectively giving military full control of all judicial and administrative processes.
The Order 3/2021 in particular is divided into six main sections with the most concerning provisions in relation to the list of crimes to be heard by military tribunals, and the proscribed punishments.
Contact
Osama Motiwala, ICJ Asia-Pacific Communications Officer, e: osama.motiwala(a)icj.org
Mandira Sharma: ICJ Senior Legal Adviser, e: mandira.sharma(a)icj.org
Mar 16, 2021 | Advocacy
This side event will take place on Tuesday 16 March 2021, from 14:00-15:00 (CET) at the 46th session of the UN Human Rights Council. For registration: https://bit.ly/3llCCMF
Minority Rights Group International and South Asia Collective, along with ICJ, OMCT, Article 19 and FORUM-ASIA, are hosting a side event at 46th session of the Human Rights Council, on hate speech and incitement in South Asia. The aim is to instigate discussion on the causes and consequences of hate speech in South Asia, in the hope of encouraging UN and its agencies to engage better on preventive and early warning actions in the region.
Speakers
- Fernand de Varennes – UN Special Rapporteur on Minority Issues
- Alice Wairimu Nderitu – UN Special Advisor on the Prevention of Genocide
- Haroon Baloch, Pakistan – Digital Rights Researcher, Bytes for All Pakistan
- Farah Mihlar, Srilanka – Lecturer, University of Exeter; Srilanka Minority Rights campaigner
- Shakuntala Banaji, India – Professor of Media, Culture and Social Change at London School of Economics
Moderator
- Joshua Castellino – Executive Director, Minority Rights Group International
Mar 15, 2021 | Advocacy, News
The ICJ and a group of Sri Lankan judges have agreed on the importance of taking effective measures to address discrimination and equal protection in accessing justice in the country.
On 6 and 13 March 2021, the ICJ, in collaboration with the Sri Lanka Judges’ Institute (SLJI), organized the National Judicial Dialogue on the Elimination of Discrimination against Women and Enhancing Women’s Access to Justice. This event was organized under the ‘Enhancing Access to Justice for Women in Asia and the Pacific’ project funded by the Swedish International Development Cooperation Agency (SIDA).
Twenty magistrates and District Court judges from around Sri Lanka, with judicial and legal experts from other countries, participated in this judicial dialogue which was conducted virtually due to the COVID-19 pandemic.
The dialogue highlighted how Sri Lankan women continue to face a myriad of challenges including legal, institutional and cultural barriers when accessing justice. Gender biases and discriminatory behaviour prevalent in every aspect of justice delivery needs to be dealt with in order to effectively enhance women’s access to justice.
Boram Jang, ICJ International Legal Advisor remarked that “judiciaries have an important role to play in eliminating gender discrimination in justice delivery as it is a critical component in promoting women’s access to justice. In order to do so, the judges should be equipped with a full understanding of Sri Lanka’s obligations under the CEDAW and other human rights instruments.”
Honorable L. T. B. Dehideniya, Justice of the Supreme Court of Sri Lanka and Executive Director of the SLJI expressed hope that judicial dialogues such as this would “enhance the capacity of participant judges to use the international legal instruments, which Sri Lanka has ratified, in domestic judicial work especially with regard to the elimination of gender inequalities and biases.”
Ms. Bandana Rana, Vice Chair of the CEDAW Committee led a discussion with the judges on the application of the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), pointing out that “judges play a pivotal role in identifying the incongruences between existing laws and international human rights standards and ensuring that the full gamut of women’s human rights is retained in line with the CEDAW framework.”
Justice Ayesha. M. Malik, High Court Judge, Lahore, Pakistan affirmed the importance applying the right to access to justice under international human rights law and suggested strategies for reflecting these international standards in judicial decisions.
Attorney Evalyn Ursua addressed on gender stereotypes and biases in justice delivery and engaged the participants on how these could be effectively eliminated. She stated that “the judiciary as a part of the State has the obligation to eliminate gender discrimination.” She encouraged the judges to use the cultural power of law to change language and attitudes surrounding gender discriminatory behaviour and stigma.
The second day featured a discussion on the specific barriers that women in Sri Lanka face when they access justice. Hon. Shiranee Tilakawardane, former Justice of the Supreme Court of Sri Lanka led a discussion on the role and measures available to the judiciary as an institution to enhance access to justice for Sri Lankan women.
Justice Tilakawardane stated that “While theoretically, the Sri Lankan constitution enshrines equality before the law, in reality women continue to feel disadvantaged when they try to access justice” and added “the Sri Lankan judiciary can empower its women only when it understands, acknowledges and addresses the disadvantages they face owing to their gender.” She impressed upon the participant-judges that “ensuring equality is no longer a choice, nor is it merely aspirational, but a pivotal part of judicial ethics.”
The panelists on the second day surveyed the legal, institutional and cultural challenges faced by women at every step of the judicial process. The panel comprised of Prof. Savitri Goonesekere, Emeritus Professor of Law and Former member of the CEDAW Committee, Mrs. Farzana Jameel, P.C, Additional Solicitor General of the Attorney General’s Department and Mrs. Savithri Wijesekara, Executive Director of Women in Need.
Contact
Osama Motiwala, Communications Officer – osama.motiwala@icj.org
Mar 15, 2021 | Advocacy, Non-legal submissions
Today, during a General Debate, the ICJ called on the UN Human Rights Council to condemns a set of laws amendend by the military governmentn in Myanmar and restricting human rights, and to demand the return to of Myanmar civilian rule respecting the rule of law.
The statement reads as follows:
“Madame President,
The International Commission of Jurists (ICJ) condemns the illegitimate attempts to “amend” several laws by the Military appointed Myanmar’s State Administration Council (SAC) following its unlawful seizure of power on 1 February 2021.
The implementation of the Amended Law Protecting the Privacy and Security of Citizens (2017) would undermine the democratic process, criminalize peaceful protests and remove various human rights protections. It would provide for broad and unchecked power to the military to arrest anyone without a warrant and aim to remove basic protections, including the rights to be free from arbitrary detention and from warrantless surveillance and search and seizure.
The amendments to the Penal Code and the Criminal Procedural Code have made non-bailable certain offenses, specifically targeting persons criticizing the coup or the military junta, as well as those encouraging others to support the “Civil Disobedience Movement.”
In addition, Amendments made to other existing laws, such as the Ward and Tract Administration Law and Electronic Transactions Law, allow for search and seizure at night without arrest warrant and allow for the silencing of critical voices against the coup and human rights violations of the military, in violation of international standards.
The ICJ calls on the Council to adopt a resolution, which, among other things, univocally condemns and demands the repeal of these laws and the return to of Myanmar civilian rule respecting the rule of law.
Thank you.”
Mar 12, 2021 | Advocacy, Non-legal submissions
Today, the ICJ delivered a statement to the UN Human Rights Council calling for accountability for crimes against humanity committed in Myanmar during the Interactive Dialogue on the report by the UN Special Rapporteur on the situation of human rights in Myanmar.
The statement reads as follows:
“Madame President,
The International Commission of Jurists (ICJ) welcomes the recent report of the Special Rapporteur on the situation of human rights in Myanmar.
The widespread gross violations of human rights documented in the report – including extrajudicial killings, arbitrary arrests and detention- underscore the need for urgent measures of accountability to redress these and to deter further violations.
ICJ has documented further evidence that the unlawful crackdown against peaceful protestors have continued to worsen leading to more extrajudicial killings. More than 50 people have already been unlawfully killed and several hundreds have been severely injured.
Hundreds of others have been arbitrarily arrested and detained, with some subjected to torture and ill-treatment. As the scale of violations continues to increase in many parts of the country, these attacks have become systematic and widespread, and must be investigated as crimes against humanity.
The ICJ therefore supports the recommendations made by the Special Rapporteur, including for referral of the situation to the ICC.
The ICJ urges the Council to adopt a resolution that would strengthen and support the IIMM’s work to collect and preserve evidence for accountability; and to extend the mandate of the Special Rapporteur, including to ensure the immediate, full and unrestricted monitoring of the situations and prompt and effective implementation of their recommendations.
Thank you.”
Contact:
Massimo Frigo, ICJ UN Representative, e: massimo.frigo(a)icj.org, t: +41797499949
