Jun 1, 2019 | Advocacy
In July 2018, it was published the “zero draft” of a proposed first universal treaty addressing business and human rights. The document was authored by Ecuador’s Ambassador in Geneva acting as chair of the Intergovernmental Working Group (IGWG) in charge of drafting the instrument.
The draft is strongly focused on issues of legal accountability of business enterprises and access to justice and remedy for those who allege harm by a business enterprise. The draft was presented and discussed in “first reading” by States and observers during the fourth session of the IGWG in October 2018.
In this document, the ICJ presents its comments to the zero draft. This commentary is not intended as a comprehensive assessment of the draft, but it rather addresses select provisions of priority concern to the ICJ on first reading. It contains recommendations on the way to strengthen them in accordance with human rights and rule of law principles.
Universal-Comments Draft Treaty BHR-Advocacy-2019-ENG (full text, in PDF)
May 29, 2019
Together with hundreds of NGOs, the ICJ has urged States to redress the critical funding gap affecting UN human rights mechanisms, which is poised to cause postponement or cancellation of crucial sessions at the UN, allowing violators of human rights to avoid scutiny and accountability.
The NGOs were reacting following the revelation that the UN High Commissioner for Human Rights had written to independent experts that monitor human rights on behalf of the UN (treaty bodies and special procedures), warning that delayed payments by States of their UN contributions, coupled with underlying budget cuts, would likely mean postponement, cancellation or curtailment of their activities.
This included specifically likely cancellation of the autumn 2019 sessions of six of the ten human rights treaty bodies that review States implementation of their obligations under human rights treaties, and in many cases, also consider individual complaints of violations.
Only 3.7 percent of the total UN regular budget is currently allocated to the UN Office of the High Commissioner for Human Rights, meaning the cuts to the budget for the mechanisms have a highly disproportionate impact on the UN’s human rights work.
The NGOs responded through an open letter to all States’ permanent missions in Geneva and New York, urging that they:
- pay their assessed financial contributions without further delay.
- prioritize securing adequate funding for the UN’s human rights work.
- reverse the trend of reduced budgets for UN human rights work and restore the budget allocations whose cuts have resulted in the current likelihood of cancellations and postponements.
The full open letter, including additional details as well as the list of signatories, can be accessed in PDF format here: UN-OpenLetter-BudgetOHCHR-2019-EN
Apr 25, 2019 | Advocacy, Non-legal submissions
The ICJ draws attention to instances of alleged human rights abuses by the private military and security companies in all regions and analyses the challenges related to the accountability frameworks and access to justice.
The ICJ contribution is in response to the call by the UN Working Group on the use of mercenaries, which also has a mandate on private security companies, for written information to assist in its deliberations on “private military and security companies in extractive industries – impact on human rights”.
Private Military and Security Companies (PMSCs) are hired by companies engaged in extractive operations in all geographic regions of the world, but their activities or operations that give rise to allegations of human rights violations and abuses seem to be prevalent regions where abundance of natural resources and the favorable environment for foreign investment are propitious to the establishment of extractive companies in, many times, fragile contexts.
In this regard ICJ suggests the Working group to consider the following recommendations:
- States should ensure that their domestic legal framework provides for real access to effective remedies for victims of human rights abuse by PMSCs and extractive companies.
- Provide guidance to States to establish effective legal accountability frameworks of criminal or civil nature that pay due consideration to the inherently dangerous nature of the mining activity and the security services operating in that context.
- Recommend that States establish legal frameworks that require meaningful reporting/disclosure of company policies and practices in relation to human rights, including their use and effectiveness of grievance mechanisms at the operational level.
- Both extractive and security companies should respect all human rights in accordance with international standards, including the UN Guiding Principles on Business and Human Rights, the Voluntary Principles on Security and Human Rights and other sectorial guidance applicable to PMSCs.
- Security companies, whatever their structure or ownership, should carry out enhanced processes of due diligence consistent with international best practices, and participate in remediation schemes.
Universal-ICJ Submission PSC and extractive industries-Advocacy-non legal submissions-2019-ENG (full text of the report, in PDF)
Apr 4, 2019
At the 19th World Congress of the ICJ held in Tunisia on 23-24 March, some 100 distinguished judges, lawyers came together to adopt the Tunis Declaration on Reinforcing the Rule of Law. The Declaration was published today. Watch the Congress video clip.
The Tunis Declaration reaffirms the ICJ’s unyielding commitment to defend and advance the Rule of Law and human rights at a time when commitment to them by States and other powerful actors appears to be wavering.
It stresses that not only are human rights and the Rule of Law indispensable to the betterment of the human condition and a dignified life for all people, but also must be harnessed and developed to address such contemporary challenges as catastrophic climate change and the effects of digital technology.
The Declaration sets out key elements of the Rule of Law and human rights and aspects of their application to the independence of judges and lawyers; access to justice and accountability; security; equality and non-discrimination; and civil society space and fundamental freedoms.
In respect of each of these areas, the ICJ, including its Commissioners, Honorary Members, National Sections and Affiliate Organizations commit themselves to a particular course of action.
ICJ President Robert Goldman said: “Since its founding in 1952, the ICJ has played a preeminent, if not unique, role in seeking to promote and uphold the rule of law around the globe. While notable progress has been made over the years, we sadly are now in a period of clear regression.”
“Today the very concept of the rule of law is itself under attack, particularly by self-styled populist leaders on the Left and Right who have embraced and espouse authoritarian, nationalistic and xenophobic policies.”
“Their policies have led to the demonization of immigrants, asylum seekers and minorities, as well as attacks on human rights defenders and civil society organizations, attacks on the civilian judiciary, attacks on the media, attacks on and arrests of opposition leaders, and the use of counter-terrorism laws against peaceful protesters and the use of military courts to try them.”
“Such practices are exquisitely antithetical to and utterly destructive of the rule of law and the rights based system that the ICJ has sought to promote and protect over the years.”
“While these new challenges to human rights and the international legal framework supporting them are grave indeed, the ICJ is, by experience and deeds, is uniquely qualified to meet them.”
“The Tunis Declaration and plan of action for the ICJ vigorously reaffirms our vision of a rule of law that upholds the dignity and human rights of every person everywhere in the world.”
Download
Universal-ICJ The Tunis Declaration-Advocacy-2019-ENG (the Tunis Declaration, in PDF)
Universal-ICJ Congresses-Publications-Reports-2019-ENG (the ICJ Congresses booklet, in PDF)
Watch the ICJ Congress 2019 video:
Mar 23, 2019 | News
Some 100 distinguished judges and lawyers from around the world commit to expanding the reach of human rights and rule of law principles, in the face of a global backlash against human rights values. The Tunis Congress is the ICJ’s 18th Global Congress since 1952.
The ICJ World Congress, consisting primarily of jurists serving as Commissioners, ICJ National Section and affiliates, and the ICJ Secretariat, is discussing strategy for concerted action and issue a final Declaration reflecting the outcome.
“Since its founding 1952 the ICJ has been steadfast in its belief in the primacy of human rights grounded in rule of law principles as indispensable for well being of all people, as well as for peaceful and just international order,” said Sam Zarifi, ICJ Secretary General.
“Cynical manipulation by authoritarian populists positions the rule of law and human rights as obstacles to the popular will. But as the ICJ’s experience over the past six decades has shown, the rule of law is inextricably bound with the proper functioning of democracy and to the protection and promotion of human rights,” he added.
The ICJ Congress will focus on five key areas of concern: the independence of judges and lawyers and administration of justice; access to justice and accountability for human rights violations; global security and counter-terrorism; equality and non-discrimination; and fundamental freedoms and civil society space.
“The international human rights legal framework has allowed for huge improvements in the lives of people around the world since the Universal Declaration of Human Rights 70 years ago, and the ICJ has played an important role in the development of this legal framework,” Zarifi said.
“But we are now witnessing a resurgence of some of the dangerous, insidious ideas and practices that have led the world to carnage and chaos in the past: the scapegoating of groups such minorities, refugees and migrants; the undermining of multilateral institutions; and the silencing of civil society and those who are giving voice to those who are marginalized on the basis of their gender, religion, ethnicity, physical capacity or sexual orientation,” he added.
“Global powers such as the United States, Russia, and China are actively attacking the rule of law and respect for human rights around the world, while the European Union is distracted by the politics of xenophobia and fearmongering,” he further said.
“It is now crucial for other States, and for people around the world, to show that respect for the rule of law and human rights are universal values and global demands, and the ICJ is proud to pull together the community of jurists from all regions of the world to support these values and demands,” he added.
In the face of these threats and challenges, the Congress will consider means to defend and strengthen the rule of law and legal protection of human rights globally, regionally and in individual countries.
The ICJ is made up of around 60 distinguished judges and legal practitioners from all parts of the world and diverse, works on all five continents and addresses human rights protection in dozens of countries.
