International Commission of Jurists
Philippines: NGOs urge Human Rights Council to take effective action

Philippines: NGOs urge Human Rights Council to take effective action

Sep 25, 2020 | Advocacy, Non-legal submissions

The ICJ has joined other NGOs in urging the UN Human Rights Council to respond effectively to the crisis for human rights in the Philippines.

The joint oral statement was delivered by the World Organization against Torture (OMCT) on behalf of the group of international and Philippino NGOs, during a general debate on country situations. It read as follows:

“Madam President,

I speak on behalf of 35 organisations, deeply concerned by the situation in the Philippines. We urge this Council to respond credibly to the grave findings and recommendations of the recent OHCHR report.

Developments since that report indicate further deterioration, with ongoing incitement to kill by the President, the promotion of an architect of the anti-drug strategy to police chief, the passing of an overbroad anti-terror law ripe for abuse, the conviction of journalist Maria Ressa and shutdown of media network ABS-CBN, the murder of activists and a journalist and a new spike in police killings.

In terms of cooperation, the Philippines refused access to OHCHR in the preparation of the report and continues to bar entry to Special Procedures. The Secretary-General and High Commissioner have raised significant concerns over reprisals. The Government does not acknowledge widespread and systematic killings as a problem, in fact it encourages them and rejects the OHCHR’s findings. Serious violations continue.

The Government’s announced Inter-Agency Panel lacks any transparency and directly involves branches of Government implicated in these abuses. As such, it clearly cannot satisfy international standards of independence,[1] nor can it be seen as credible or safe for victims to engage with.

Madam President,

Our organisations have urged and continue to urge this Council to launch an independent international investigation.

The High Commissioner has clearly asked the Council to renew her mandate to monitor and report on the wider situation, as well as to provide technical cooperation to “implement the report’s recommendations,” and “continue to pursue accountability”. We urge this Council – at absolute minimum – to ensure continued monitoring and reporting on all aspects of the situation as clearly recommended by the High Commissioner. Anything less would not only be an insult to victims and their families, but send a green light to perpetrators that they can continue with impunity, with disastrous consequences on the ground.

Thank you.”

Co-signatories:

  1. Action Network Human Rights Philippines (AMP)
  2. Amnesty International
  3. Article 19
  4. Child Alert Mindanao
  5. Children’s Legal Rights and Development Center (CLRDC)
  6. CIVICUS Alliance
  7. Coalition Against Summary Executions
  8. Families of Victims of Involuntary Disappearance (FIND)
  9. Franciscans International
  10. Franciscan Sisters of the Immaculate Conception
  11. Free Legal Assistance Group (FLAG)
  12. Freedom House
  13. Harm Reduction International
  14. Human Rights Watch
  15. In Defense of Human Rights and Dignity Movement (iDEFEND)
  16. International Coalition for Human Rights in the Philippines (ICHRP)
  17. International Commission of Jurists
  18. International Drug Policy Consortium
  19. International Federation for Human Rights (FIDH)
  20. International Service for Human Rights
  21. Karapatan Alliance Philippines
  22. Medical Action Group
  23. National Union of Journalists of the Philippines
  24. Network Against Killings in the Philippines (NakPhil)
  25. Partnership Mission for People’s Initiatives (PMPI)
  26. Philippine Alliance of Human Rights Advocates (PAHRA)
  27. Philippine Misereor Partnership Inc. (PMPI)
  28. Philippine Human Rights Information Center
  29. Salinlahi Alliance for Children’s Concerns
  30. Swiss Catholic Lenten Fund (SCLF)
  31. Tambayan
  32. The Asian Forum for Human Rights and Development (FORUM-ASIA)
  33. Task Force Detainees of the Philippines
  34. World Council of Churches
  35. World Organisation Against Torture (OMCT)

[1] See for instance the UN Principles on the Effective Prevention and Investigation of Extra-legal, Arbitrary and Summary Executions, adopted by the Economic and Social Council in its resolution 1989/65 of 24 May 1989; and Human Rights Committee, General Comment no. 36 on the right to life (article 6).

ICJ highlights need for UN action on impunity in Sri Lanka

ICJ highlights need for UN action on impunity in Sri Lanka

Sep 17, 2020 | Advocacy, Non-legal submissions

At the Human Rights Council, the ICJ highlighted deepening impunity for gross human rights violations in Sri Lanka, and the need for a UN investigative mechanism.

The oral statement was made in the interactive dialogue with the UN Special Rapporteur on the promotion of truth, justice, reparation and guarantees of non-recurrence, at which the current Rapporteur presented the report of his predecessor, Pablo de Greiff, on a visit to Sri Lanka in 2017.

The statement read as follows:

“The ICJ welcomes this opportunity to discuss the report of your predecessor’s 2017 visit to Sri Lanka.

We share the report’s assessment that “none of the constituent elements of a transitional justice policy are fully in place.” Indeed, the situation has only further deteriorated since 2017, further entrenching the denial of justice to victims.

Sri Lankan courts remain unable and unwilling to address the impunity of security forces for crimes under international law. We echo the report’s observation ‘in its current state, the criminal justice system in Sri Lanka is inadequate and flawed’.

This will only worsen if the proposed 20th Amendment to the Constitution is passed. The President, himself credibly accused of war crimes and crimes against humanity during his tenure as Defence Secretary from 2005-2015, would have unilateral power to appoint the judges of the superior courts, the Judicial Service Commission, Attorney General and the Inspector General of Police. This would further undermine any independence and impartiality in the already institutionally weakened judiciary.

Given the abject failure of Sri Lanka to implement a credible accountability mechanism, and its ongoing betrayal of the rule of law, the ICJ calls on the Council to establish an international accountability mechanism, and we urge you Mr Special Rapporteur to closely monitor and analyze the country situation in coordination with other mandate holders.

Thank you”

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