Dec 21, 2020 | News
Today, the Lebanese Center for Human Rights (CLDH) and the ICJ held a joint webinar on migrants and refugees in Lebanon. The organizations addressed the situation of migrant workers and refugees including their legal and social status and the violations to which they are exposed.
The ICJ and CLDH called on the Lebanese authorities to adopt and enforce just, fair and effective legal and policy frameworks to address the entry and stay of refugees and migrants in Lebanon, and ensure the protection of their human rights in full compliance with Lebanon’s obligations under international law, particularly their non-refoulement obligations.
The ICJ launched its recent report Unrecognized and Unprotected: The Treatment of Refugees and Migrants in Lebanon, which undertakes an assessment of the Lebanese legal framework governing the treatment of migrants and refugees in the country, including their entry and stay.
The report concludes that the legal and policy gaps, together with the executive’s excessive and unchecked powers in shaping and implementing migration-related policies, have led to serious violations to refugees’ and migrants’ human rights in Lebanon.
The ICJ presented the findings and key recommendations of its report, which included urging the Lebanese government to ensure that no individual is transferred to a country where he or she faces a real risk of persecution or other forms of serious harm, such as torture or other cruel, inhuman or degrading treatment or punishment.
Procedural obstacles preventing migrant workers and refugees from accessing justice, such as lacking residency papers, were examined by CLDH.
The webinar, facilitated by CLDH’s Executive Director Fadel Fakih, commenced with opening remarks from Said Benarbia, Director of the ICJ’s Middle East and North Africa Programme, and Wadih Al-Asmar, President of CLDH. Attendees included civil society, lawyers, and members of the Lebanese Bar association.
Underscoring that Lebanon is obligated to protect the rights of refugees and asylum seekers despite not being a State party to the 1951 Refugee Convention, as these rights are guaranteed by other international conventions ratified by Lebanon including the International Covenant on Civil and Political Rights (ICCPR) and the UN Convention against Torture and other Cruel, Inhuman and Degrading Treatment or Punishment (UNCAT), Al-Asmar called on the Lebanese State to abandon its repressive security approach towards refugee populations, and to abolish the exploitative Kafala sponsorship system.
Benarbia addressed how normative gaps, together with restrictive provisions of the 1962 Law of Entry and Exit, including those criminalizing “irregular entry,” undermine the right of refugees to an individual examination of their asylum claim, their right to liberty and security of person, and their right to an effective legal remedy for human rights violations.
He pointed out that laws and policies impacting on migrants and refugees should be adopted and implemented by legally constituted civilian authorities, subject to legislative oversight and judicial review.
CLDH members Hasna Abdul Reda and Rabih Keyrouz focused on the obstacles that continue to impede migrant workers and refugees from accessing justice in Lebanon. CLDH Programme Manager, Josiane Noun, presented CLDH’s Legal Aid Programme and support services that the organization has made available to migrant workers and refugees.
Kouakou Adjo Delphine, representing the Alliance of Migrant Domestic Workers in Lebanon, discussed the challenges domestic migrants face in accessing justice for human rights violations.
The conference concluded with an open discussion between panelists and participants where possible solutions to enhance the protection afforded to migrant workers and refugees in Lebanon were discussed.
Dec 14, 2020
The ICJ today joined the Association des Magistrats Tunisiens (AMT), Avocats Sans Frontières (ASF), and the World Organisation Against Torture (OMCT) in publishing a paper entitled No Reconciliation Without Justice: Current Situation and Prospects of the Specialized Criminal Chambers in Tunisia.
The paper analyses the challenges that the Specialized Criminal Chambers are facing since the opening of trials in May 2018 and formulates recommendations to Tunisian authorities to address these obstacles.
The paper was endorsed by members of the Transitional Justice Coalition.
It is available in Arabic and French:
Tunisia-SCC assess-Advocacy-Analysis brief-2020-ARA
Tunisia-SCC assess-Advocacy-Analysis brief-2020-FRA
Dec 9, 2020
The ICJ today released two practical guides aimed to assist practitioners to advance accountability and justice through the Specialized Criminal Chambers (SCC) in Tunisia.
Practical Guide 2 addresses the investigation and prosecution of gross human rights violations under Tunisian and international law, while Practical Guide 3 covers the principles and best practices on evidence in the administration of justice. Practical Guide 1, which was released in December 2019, considered the role of international law and standards in proceedings before the SCC.
Trials before the SCC started in May 2018. Since the opening of the first hearing, it has been evident that gaps in the rules and procedures governing the investigation, prosecution and evidence in the SCC cases have served to endanger efforts to hold perpetrators to account and bring justice to victims for past violations of human rights.
“The credibility of SCC trials largely depends on their capacity to ensure effective and fair investigations and prosecutions based on strong, compelling and untainted evidence,” said Said Benarbia, the ICJ’s MENA Programme Director.
“These practical guides should serve to assist those working in the Tunisian justice sector to make the most of this opportunity to end impunity and enable victims to obtain redress, all while ensuring the highest possible fair trial standards.”
Practical Guide 2 sets out the international law and standards governing the obligation to investigate and prosecute gross human rights violations, the accused’s right to a fair trial, and the rights of victims and their families to participate in proceedings and to an effective remedy.
Practical Guide 3 describes the principles and best practices under international law that apply to the collection, admissibility and evaluation of evidence in the investigation and prosecution of gross human rights violations.
Both guides aim to provide options for applying Tunisia’s law and procedures on investigation, prosecution, and evidence in SCC cases in compliance with international law and standards.
“Tunisians have waited so long to see justice for the many human rights abuses that were committed in the past,” said Kate Vigneswaran, the ICJ’s MENA Programme Senior Legal Adviser.
“The SCC holds out the promise that this wait might end, but only if the trials are grounded on solid proceedings that put accountability, human rights and fairness at the forefront.”
Contact
Said Benarbia, Director, ICJ Middle East and North Africa Programme, t: +41-22-979-3817; e: said.benarbia(a)icj.org
Kate Vigneswaran, Senior Legal Adviser, ICJ Middle East and North Africa Programme, t: +31-62-489-4664; e: kate.vigneswaran(a)icj.org
Background information
The SCC were established in 2014 to adjudicate cases involving alleged “gross human rights violations” between 1955 and 2013 referred by the Truth and Dignity Commission (Instance Verité et Dignité, IVD).
At the end of its mandate in December 2018, the IVD’s referred to the SCC 200 cases of arbitrary deprivations of life, arbitrary deprivations of liberty, torture and other ill-treatment, enforced disappearance, rape and sexual assault and crimes against humanity committed by the past regime.
Practical Guides 2 and 3 are preceded by Practical Guide 1 on The Adjudication of Crimes Under Tunisian and International Law, which examines the principles of legality and non-retroactivity under international law and their application in the domestic system, and conducts an analysis of the definition of crimes under Tunisian law vis-à-vis international law for arbitrary deprivations of life, arbitrary deprivations of liberty, torture and other ill-treatment, enforced disappearance, rape and sexual assault and crimes against humanity. The three Guides will also be followed by Practical Guide 4 on modes of liability under Tunisian and international law.
In a briefing paper published in October 2020, the ICJ also called on the Tunisian authorities to undertake substantial legal and policy reforms with a view to strengthening accountability and removing the obstacles that impede the SCC work.
Download
Tunisia-SSC guide series no2-Publications-Reports-Thematic reports-2020-ENG (Guide 2 in English, PDF)
Tunisia-SSC guide series no3-Publications-Reports-Thematic reports-2020-ENG (Guide 3 in English, PDF)
Tunisia-Launch Guides-News-2020-ARA (story in Arabic, PDF)
Tunisia-SSC guide series no2-Publications-Reports-Thematic reports-2020-ARA (Guide 2 in Arabic, PDF)
Tunisia-SSC guide series no3-Publications-Reports-Thematic reports-2020-ARA (Guide 3 in Arabic, PDF)
Nov 20, 2020 | News
The ICJ today called on the Egyptian authorities to immediately and unconditionally release human rights defenders Gasser Abdel-Razek, Mohamed Bashseer and Karim Ennarah.
The detainees, senior staffers of the Egyptian Initiative for Personal Rights (EIPR), a leading human rights organization, were targeted in connection with their human rights work.
The arrests are part of a broader, relentless campaign by the military and government to intimidate and silence civil society organizations, including through such means as trumped-up “terrorism” charges and sham judicial proceedings.
“By arresting Mohamed Bashseer, Karim Ennarah and Gasser Abdel-Razek, and charging them with terrorism-related offences, the Egyptian government led by President Al-Sisi are writing a new, terrifying chapter in their repression playbook,” said Said Benarbia, Director of ICJ’s Middle East and North Africa Programme.
“Their crackdown on independent civil society must end.”
On 19 November 2020, Gasser Abdel-Razek, EIPR’s Executive Director, was arrested by security forces from his home in Maadi, Cairo. He appeared before the Supreme State Security Prosecution (SSSP) and charged in case No. 855/2020 with, among other charges, “joining a terrorist group” and “spreading false news.”
On 15 November 2020, EIPR’s Administrative Manager Mohamed Bashseer, was arrested at his house in Cairo. On 17 November 2020, Karim Ennarah, EIPR’s director of the criminal justice programme, was also arrested.
They both face similar charges in the same case No. 855/2020, together with other numerous lawyers and human rights defenders, including Mohamed El-Baqer and Mahienour al-Massry.
Over the past seven years, EIPR has been subjected to a pattern of harassment and persecution by the military and government.
In 2016, the assets of EIPR’s founder and former executive director, Hossam Bahgat, were frozen and he was subjected to a travel ban since then.
On February 2020, Patrick George Zaki, an EIPR researcher, was arrested at Cairo Airport by National Security Agency officers who reportedly subjected him to torture, including with electric shocks. He was charged by a public prosecutor with, among other charges, “spreading false news” and “inciting protest without authorization”. He remains in custody
The recent arrests of the three senior EIPR officials follow a visit by a number of European ambassadors and other diplomats to the EIPR Cairo offices on 3 November 2020, during which the human rights situation in Egypt was discussed.
“The international community and in particular States engaging in political and security cooperation with Al-Sisi’s regime must not overlook the serious violations against human rights defenders taking place in the country,” added Benarbia.
“They should demand an end to these violations and ensure that individuals and independent human rights groups are able to do their legitimate and critical human rights work freely and without intimidation.”
Contact
Said Benarbia, Director, ICJ Middle East and North Africa Programme, t: +41-22-979-3817; e: said.benarbia(a)icj.org
Download the Arabic version
Egypt-EIPR crackdown-News-2020-ARA
Nov 20, 2020
In a report published today, the ICJ calls on the Lebanese authorities to adopt and enforce a just, fair and effective legal and policy framework to address the plight of refugees, migrants and stateless persons and ensure the protection of their human rights in full compliance with Lebanon international law obligations.
In particular, the ICJ calls on the Lebanese authorities to strictly comply with their non-refoulement obligations, including by ensuring that no individual is transferred to a country where he or she faces a real risk of persecution or other forms of serious harm, such as torture or cruel, inhuman or degrading treatment or punishment.
“Lebanon has the highest refugee population per capita of any country in the world, yet it lacks any framework or procedures for individuals claiming international protection to have access to an effective process for determining their entitlement to such protection”, said Said Benarbia, ICJ MENA director.
“It is high time for the Lebanese authorities to address this normative gap and reverse their harmful policies and practices that undermine refugees’ human rights, including their right to not be subjected to refoulement.”
In its report Unrecognized and Unprotected: The Treatment of Refugees and Migrants in Lebanon the ICJ analyses how normative gaps, together with restrictive provisions of the 1962 Law of Entry and Exit, including those criminalizing “irregular entry”, undermine the right of refugees to an individual examination of their asylum claim, their right to liberty and security of person, and their right to an effective legal remedy against human rights violations.
The Lebanese authorities should ensure that no-one is deprived of their liberty solely on grounds of their immigration status, including in cases of “irregular entry” or stay. Detention must only be resorted to when there is both a clear legal and factual basis to justify it, and when it is necessary, reasonable and proportionate in the circumstances of the individual case at hand.
In the report, the ICJ expresses concern that legal and policy gaps – coupled with excessive and unchecked powers to adopt and implement migration and asylum-related policies on the part of the authorities, such as the General Security Office, local municipalities, the Ministry of Labour and the Lebanese army – are the reasons why violations of the human rights of refugees, migrants and stateless persons are rife in Lebanon.
In light of this, the ICJ calls on the Lebanese Council of Ministers and Parliament to ensure that all migration and asylum-related policies fully comply with Lebanon’s obligations under international law.
The restrictions on Syrian refugees with respect to their residency and freedom of movement and the raids and arbitrary arrests and detentions they are subjected to effectively continue to force many of them to return to Syria. Their return in those circumstances is anything but voluntary and amounts to constructive refoulement.
“Lebanon should establish a moratorium on all removals to Syria and ensure that internationally protected individuals are not transferred to a country where they face a real risk of persecution,” Benarbia added.
The restrictions and high costs imposed for obtaining or renewing legal residence permits in Lebanon force many migrants and refugees to remain in the country “illegally”, contributing to significant violations of their right to freedom of movement and to making them further liable to detention and deportation.
Background:
The ICJ addresses a number of recommendations for the Lebanese authorities in this report, including the following:
1. Become a party to the following treaties:
- the 1951 UN Refugee Convention and to its 1967 protocol;
- the 1954 UN Convention relating to the Status of Stateless Persons and the 1961 Convention on the Reduction of Statelessness;
- the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families;
2. Ensure that people entitled to international protection, chiefly refugees, are not penalized for their “illegal” entry and stay;
3. Ensure that migrants, refugees, asylum seekers and stateless persons have – at all times and regardless of their immigration status under domestic law – the right to access the courts, to claim and be granted an effective remedy and reparation for violations of civil, political, economic, social and cultural rights recognized under international law;
4. Ensure that all allegations of torture and other ill-treatment against refugees and migrants, including those instances linked to death in police and military custody, be investigated promptly, independently and thoroughly, and those responsible be held to account.
Contact
Said Benarbia, Director, ICJ Middle East and North Africa Programme, t: +41-22-979-3817; e: said.benarbia(a)icj.org
Download
Lebanon-Migrant rights-Publications-Reports-Thematic reports-2020-ENG (full report in English, PDF)
Lebanon-refugees report-News-2020-ARA (story in Arabic, PDF)
Lebanon-Migrant rights-Publications-Reports-Thematic reports-2020-ARA (full report in Arabic, PDF)
