On video: the ICJ invigorated by new leadership

On video: the ICJ invigorated by new leadership

Changes within the Commission enhance the organization’s capacity to respond to increased threats to rights protection via erosion of the rule of law, particularly in relation to the independence of the judiciary.

The ICJ is pleased to announce new leadership at the ICJ as Professor Robert K. Goldman (US) has been elected President of the organization and Justice Radmila Dragicevic-Dicic (Serbia) has been elected Vice-President, a role she will undertake jointly with Professor Carlos Ayala (Venezuela) who was also appointed Vice-President earlier in the year.

Professor Robert K. Goldman served as Acting President of the ICJ following the sad passing of former President Professor Sir Nigel Rodley in 2017.

The President and Vice-Presidents are supported by the Executive Committee, which has also been bolstered by new members Justice Sir Nicolas Bratza (UK), former President of the European Court of Human Rights; Dame Silvia Cartwright (New Zealand), former Governor-General of New Zealand; and Shawan Jabarin (Palestine), prominent human rights activist and Director General of Al-Haq, an independent Palestinian non-governmental human rights organization.

“I am honoured to have been elected President of the ICJ and to be able to work with such proficient and inspiring jurists amongst ICJ leadership and in the wider Commission itself, without whom the ICJ could not provide the expertise and leadership it does on such a wide range of human rights issues,” said Professor Robert K. Goldman, ICJ President.

“Those that have taken on a new role in ICJ leadership will help guide the organization in augmenting efforts to defend the rule of law amidst the current political backdrop of increasing antipathy and hostility towards rights protections,” he added.

In addition to these changes in the senior leadership of the ICJ, the organization is also pleased to welcome five new members:

Justice Chinara Aidarbekova (Kyrgyzstan), judge of the Constitutional Chamber of the Supreme Court of Kyrgyzstan; Gamal Eid (Egypt), prominent lawyer and human rights defender; Jamesina Essie L. King (Sierra Leone), Commissioner of the African Commission on Human and Peoples’ Rights; Michael Sfard (Israel), prominent human rights lawyer who has represented many Israeli and Palestinian individuals and organizations; and Ambiga Sreenevasan, former President of the Malaysian Bar Council.

“The ICJ is alarmed by the increasing volume of worldwide attacks on the institutions that uphold human rights both at an international level, where UN mechanisms are constantly condemned rather than supported and enhanced to maximize their efficacy; and also on the local level, for example when we see the independence of the judiciary, an essential element of maintaining rights protections, coming under attack in places like Guatemala, Poland and South Korea,” said Saman Zia-Zarifi, ICJ Secretary-General.

“The ICJ relies on its global advocates of human rights to advance and defend the rights of others through the culmination of their vast and varied expertise and I am pleased to welcome our newest Commissioners to help in this regard, ” said Zia-Zarifi.

A further nine Commissioners were elected to serve additional terms on the Commission:

Professor Roberto Garreton (Chile), Professor Robert K. Goldman, Hina Jilani (Pakistan), Professor Jose Antonio Martin Pallin (Spain), Justice Sanji Monageng (Botswana), Tamara Morschakova (Russia), Dr Jarna Petman (Finland), Belisario dos Santos Jr (Brazil) and Justice Philippe Texier (France).

Hina jilani (Pakistan) and Belisario dos Santos Jr (Brazil) were both also re-elected to the Exectuive Committee and Professor Marco Sassoli (Italy/Switzerland) and Justice Stefan Trechsel (Switzerland) were re-elected as Alternates to the Executive Committee.

On video: Bob Goldman talks about the ICJ and the Rule of Law

ICJ joins call for human rights and civil society in UN counter-terrorism strategy

ICJ joins call for human rights and civil society in UN counter-terrorism strategy

The ICJ today joined other civil society organizations in calling for respect for human rights, and protection of and participation by civil society, to have a greater role in the UN Global Counter-terrorism Strategy.

The joint statement by the organizations followed adoption by the UN General Assembly on June 26th, 2018 of Resolution 72/284, reviewing the United Nations Global Counter-Terrorism Strategy. The UN’s Global Counterterrorism Strategy, first adopted in 2006, sets out a plan of action for the UN and member states at the global, regional, and national level to counter-terrorism.

The organizations emphasise the value of a global counter-terrorism strategy where human rights are an essential component. It notes that the General Assembly resolution importantly reaffirms states’ obligations to comply with international law, including international human rights law, while countering terrorism and that human rights are the “fundamental basis of the fight against terrorism.”

The joint statement expresses concern at States’ failure to adequately address human rights abuses in relation to counter-terrorism measures. It also sets out concerns about member states’ failure to provide an enabling environment for civil society entities, including those relating to women, to be meaningfully engaged in the Strategy review.

The full statement and list of organizations joining it can be downloaded in PDF format here: UN-Advocacy-JointStatement-CounterTerrorismStrategy-2018

ICJ joins call for strong UN Global Compact on Migration

ICJ joins call for strong UN Global Compact on Migration

The ICJ has joined almost 180 other organizations in calling for the final draft of the UN Global Compact on Migration (GCM) to reflect strong legal protections for human rights.

Recognizing the potential of the GCM to protect migrants in irregular and/or vulnerable situations, civil society organizations are calling on all States to ensure that the final document truly lives up to the spirit of the New York Declaration for Refugees and Migrants.

The statement was presented to Member States and the GCM Co-Facilitators (the governments of Switzerland and Mexico) in an informal dialogue on Tuesday, 10 July.

The statement calls on States to address the following issues:

  • Regular vs. irregular: The GCM must not include a distinction between migrants with regular status and those whose status is irregular which falls below human rights law, international labor standards and other international obligations.
  • Non-Refoulement: The GCM must explicitly mention the principle of non-refoulement, which prohibits returning a person to a place where her/his life would be in danger. Including it is fundamental to ensure that migrants are provided with full live-saving protection.
  • Vulnerable situations: The GCM must address the situation of vulnerable migrants, and it must not weaken protection for victims of natural disasters and climate change, who are not adequately addressed in the Global Compact for Refugees.
  • Right to privacy: The final document must protect migrants’ right to privacy of personal information. Otherwise, the GCM risks preventing them from accessing certain social services and discouraging them from participating in data collection efforts, which are vital for migration management.
  • Criminalization of migrants and those who assist them: The GCM must avoid all provisions and language that criminalizes migrants crossing an international border in search of safety or of people and organizations that support to them.
  • Detention of migrant children: The GCM must include provisions towards ending the practice of detaining migrant children by explicitly mentioning the availability and accessibility of non-custodial and community-based alternatives.
  • Implementation, review, and follow-up mechanisms: The Compact needs robust implementation, review, and follow-up mechanisms to ensure accountability and transparency in achieving its goals. Civil society organizations ask for a fully mandated partnership role in implementation and monitoring the GCM.

To be effective, the statement concludes, migration management must be credible not only to States, but also to migrants.

The statement is available in PDF format here: UN-Advocacy-JointStatement-Migrants-2018

Key qualities for the next UN High Commissioner for Human Rights (UN statement)

Key qualities for the next UN High Commissioner for Human Rights (UN statement)

The ICJ and other NGOs today highlighted the need for the next UN High Commissioner for Human Rights to continue to maintain a strong voice and independent voice for human rights.

The statement was delivered by International Service for Human Rights (ISHR), on behalf of a number of NGOs, during a general debate at the UN Human Rights Council in Geneva. It read as follows:

“Thank you Mr. President,

We want to highlight key features for the next High Commissioner – the world’s premier human rights defender – whose mandate includes providing technical assistance and capacity building to States, as well as standing up for universal human rights and those who defend them.

The work of the next High Commissioner, and of human rights defenders more broadly, is essential to justice, fairness and dignity for all. Defenders contribute to sustainable and inclusive development. They combat corruption and the misuse of power. They promote good government, transparency and accountability. They seek to ensure that no-one gets left behind.

Despite this, around the world, defenders face mounting attacks and criminalisation for standing up to power, privilege, prejudice and profit. Their work has never been more important, nor more imperiled.

Mr President, it is in this context we say that the next UN High Commissioner needs to be a dedicated human rights defender. They need to be committed to working with and for human rights defenders; consulting and partnering with them, supporting their causes, and speaking out and protecting them when they are threatened or attacked.

The next High Commissioner needs to build strategic alliances with States, civil society, academics and business enterprises with a shared interest in human rights and the rule of law. They need to be fiercely independent, but also collaborative and capable of building influential partnerships and coalitions.

With the promotion, protection and realisation of human rights being linked to the attainment of peace, security and sustainable development, the next High Commissioner needs to be strongly supported by the UN Secretary-General and key UN agencies. Mr President, while the High Commissioner may be the UN’s premier human rights defender, it is time for the entire organisation to put human rights defenders up front.”

International Service for Human Rights

Cairo Institute for Human Rights Studies

Human Rights House Foundation

The International Lesbian, Gay, Bisexual, Trans and Intersex Association (ILGA)

CIVICUS

Peace Brigades International Switzerland

International Federation for Human Rights Leagues (FIDH)

Conectas Direitos Humanos

Asian Forum for Human Rights and Development (FORUM-ASIA)

West African Human Rights Networks

International Commission of Jurists (ICJ)

 

ICJ joins NGO letter supporting resolution on civil society (UN statement)

ICJ joins NGO letter supporting resolution on civil society (UN statement)

The ICJ joined 19 other NGOs to call on Member States of the UN Human Rights Council to support a resolution on civil society space and access to international and regional organisations.

The joint open letter to Member States of the UN Human Rights Council comes ahead of anticipated adoption of the resolution later this week.
The Open Letter read as follows:

Re: Call for your support and solidarity on HRC38 resolution protecting civil society space (A/HRC/38/L.17_Rev.1)4 July 2018

Your Excellency,

We, the undersigned civil society organisations, spanning across all regions of the world call on your delegation to support of the draft resolution ‘Civil society space: engagement with international and regional organisations’ to be considered for adoption during the 38th session of the Human Rights Council (expected to be considered on 5-6 July 2018). We call on your delegation to send a clear message of support to civil society, by co-sponsoring the draft resolution as tabled, rejecting any attempts to undermine this draft resolution, and voting in favour of the resolution if a vote is called.

The resolution is presented by a cross-regional group of States (Chile, Ireland, Japan, Sierra Leone, and Tunisia) and was developed through broad consultation with States and civil society.

This draft resolution is an opportunity for your delegation to show leadership in supporting the crucial role a healthy and vibrant civil society plays in contributing to human rights, sustainable development, peace and security. It builds on the UN High Commissioner for Human Rights’ report on civil society engagement with international and regional organisations which affirms that:

“Civil society engagement ensures that international discussions and decisions are informed by what is happening on the ground, that a full range of perspectives are heard, and that decision-making is fully informed by relevant expertise and experience. Where civil society engagement is restricted, responses to security threats, development challenges, environmental disasters and disease, among others, risk being ill-informed and weaker. Civil society participation provides a critical contribution to the prevention of violence, insecurity and, in turn, conflict.”

It is also imperative to safeguard civil society actors’ unhindered exercise of the rights to freedoms of expression, opinion, assembly and association, as well as the right to unhindered access and communication with international and regional organisations.

During negotiations of this draft resolution, a number of States sought to undermine many of its essential elements, including those listed below. The core group has already made several concessions to accommodate the concerns of States during the negotiations. Efforts to reach consensus should not lead to further weakening of the draft resolution.

The text of the resolution, as tabled, is a substantive contribution to the Council’s previous work on protecting civil society space. In particular, the text:

  • Recognizes the essential contribution that civil society makes to international and regional organisations and that the effective functioning of the regional and international human rights mechanisms and bodies is inexorably linked to civil society participation;
  • Emphasizes the crucial importance of the active involvement of civil society in promoting good governance and their indispensable role in building peaceful and democratic societies.
  • Recognizes the importance of strengthening diverse and pluralistic civil society and provides useful guidance for States and organisations to ensure that their policies ensure support to diversity of civil society participation
  • Encourages UN bodies to review and update their frameworks for engagement with civil society to reflect and respond to the challenges and to support improved civil society engagement with international and regional mechanisms
  • Provides useful guidance for States and organisations to review and update their national frameworks for engagement with civil society to ensure their full and effective participation including access to information and access to resources.
  • Calls on States to prevent all threats, attacks, reprisals and acts of intimidation against civil society actors and to ensure access to justice and accountability
  • Creates opportunities and incentives for States to voluntarily share and develop their good practices on guaranteeing a safe and enabling environment for civil society

We urge your delegation to support these positive calls in the resolution, none of which go beyond existing State obligations under international human rights law, by voting in favor of the resolution as tabled.

Conversely, we urge you to vote against adverse amendments that would significantly weaken the resolution. The proposed amendments would, among other negative impacts, restrict rather than safeguard space for civil society, including by:

  • Restricting the right to freedom of association by imposing limitations on funding to civil society, contrary to the ICCPR (Article 22) and the Declaration on Human Rights Defenders (Article 13) (L.37)
  • Challenging civil society engagement with international and regional organisations by imposing vague restrictions such as “respecting the sovereignty and territorial integrity of States”. Such restrictions may undermine the universality of human rights including the exercise of the right to freedom of expression and may impair the work of civil society actors working in relation to conflict zones and disputed territories. (L.38)
  • Rejecting the expert guidance and practical recommendations made by the High Commissioner to protect civil society space and guarantee the full and effective engagement of civil society with regional and international organisations. (L.39)

Excellency, we ask that your delegation stands with civil society in support and solidarity by cosponsoring this progressive and valuable resolution on enhancing civil society engagement with international and regional organisations, opposing any amendment that would weaken the text, and voting in favour of the resolution if a vote is called.

Yours sincerely,

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  2. Asian Forum for Human Rights and Development (FORUM-ASIA)
  3. Asian Legal Resource Centre (ALRC)
  4. Cairo Institute for Human Rights Studies (CIHRS)
  5. Centro de Estudios Legales y Sociales (CELS)
  6. Child Rights Connect
  7. CIVICUS:World Alliance for Citizen Participation
  8. Commonwealth Human Rights Initiative (CHRI)
  9. Conectas Direitos Humanos
  10. DefendDefenders (the East and Horn of Africa Human Rights Defenders Project)
  11. European Center for Not-for-Profit Law
  12. Front Line Defenders
  13. Human Rights House Foundation (HRHF)
  14. Human Rights Watch (HRW)
  15. International Commission of Jurists (ICJ)
  16. International Federation for Human Rights (FIDH)
  17. International Humanist and Ethical Union (IHEU)
  18. International Service for Human Rights (ISHR)
  19. The Irish Council for Civil Liberties
  20. Women’s International League for Peace and Freedom (WILPF)”
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