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Libya: ICJ calls for accountability for crimes under international law at UN Human Rights Council

Libya: ICJ calls for accountability for crimes under international law at UN Human Rights Council

16 Mar 2021

Today, during a debate on the outcome of the Universal Periodic Review of Libya, the ICJ called on Lybian authorities to bring the country’s criminal legislation in line with international law, in particular by defining clearly crimes under international law.

The statement reads as follows:
“Madame President,

The International Commission of Jurists (ICJ) welcomes Libya’s acceptance of the recommendation to cooperate fully with the Independent Fact-Finding Mission on Libya and ensure that it has unfettered access throughout the country’s territory (148.7-8, 148.11-17).

The ICJ regrets that Libya has only taken note of – as opposed to accepting ‒ Estonia’s recommendation (148.80) to bring the Penal Code in line with international standards, and Libya’s rejection of Zambia’s recommendation (148.70) to define crimes under international law in Libya’s domestic legal system clearly.

Libyan domestic law fails to criminalize: arbitrary deprivation of life; torture and other ill-treatment; enforced disappearance; rape and other forms of sexual and gender-based violence; slavery; war crimes; and crimes against humanity, in line with international law and standards.

The ICJ further welcomes Libya’s acceptance of the recommendations (148.144-146, 148-149, 151-161, 165-166) to investigate effectively crimes under international law and bring perpetrators to justice.

The ICJ expresses concern, however, at the prevailing impunity in the country. Crimes under international law are not being effectively investigated and prosecuted, largely because of the absence of political will, inadequate resources, and the frequent threats against justice actors, particularly by armed groups.

The ICJ also regrets that Libya failed to accept the recommendations of: Ukraine (148.25); Costa Rica (148.31); Cyprus (148.32); France (148.33); the Holy See (148.34); Liechtenstein (148.35); Namibia (148.36); Portugal (148.37); Rwanda, Croatia and Slovakia (148.37); Argentina (148.38); Australia (148.39); Honduras (148.40); Iceland (148.41); Italy (148.42); and Latvia (148.43). These recommendations call on Libya to establish a moratorium on executions, and to accede to the Second Optional Protocol to the International Covenant on Civil and Political Rights with a view to abolishing the death penalty. The death penalty constitutes a violation of the right to life and of the absolute prohibition of torture and other cruel, inhuman or degrading treatment or punishment.

I thank you.”

Contact:

Massimo Frigo, ICJ UN Representative, e: massimo.frigo(a)icj.org, t: +41797499949

Vito Todeschini, Legal Adviser, ICJ MENA Programme, e: vito.todeschini(a)icj.org

Laos: eight years on, the fate of Sombath Somphone remains unresolved and government remains unaccountable

Laos: eight years on, the fate of Sombath Somphone remains unresolved and government remains unaccountable

15 Dec 2020

On 15 December 2020, the eighth anniversary of the enforced disappearance of Lao civil society leader Sombath Somphone, the ICJ joined 53 organizations and 19 individuals in reiterating its calls on the Government to reveal his fate and whereabouts and to investigate his and all other cases of alleged enforced disappearance in the country.

The statement condemned the Government’s ongoing failure to adequately investigate all allegations of enforced disappearance in Laos, which has been compounded by years of near complete lack of commitment to address this serious crime or provide an effective remedy or reparation to its victims and their families.

In June 2020, during the third Universal Periodic Review (UPR) of Laos, the Government refused to accept all five recommendations that called for an adequate investigation into Sombath’s enforced disappearance. The Government failed to support another eight recommendations that called for investigations into all cases of alleged enforced disappearances in Laos. Despite the government accepting that “the search for missing Lao citizens, including Sombath Somphone, is the duty of the Lao government”, it has failed to evidence any political will to effectively execute or fulfill this duty.

Sombath Somphone was last seen at a police checkpoint on a busy street in Vientiane on the evening of 15 December 2012. Footage from a CCTV camera showed that Sombath’s vehicle was stopped at the police checkpoint and that, within minutes, unknown individuals forced him into another vehicle and drove him away in the presence of police officers. CCTV footage also showed an unknown individual driving Sombath’s vehicle away from the city center. The presence of police officers at Sombath’s abduction and their failure to intervene strongly indicates State agents’ participation in Sombath’s enforced disappearance.

Lao authorities have repeatedly claimed they have been investigating Sombath’s enforced disappearance, but have failed to disclose any new findings to the public since 8 June 2013. They have not met with Sombath’s wife, Shui Meng Ng, since December 2017. No substantive information about the investigation has been shared by the authorities with Ng or Sombath’s family, indicating that, for all intents and purposes, the police investigation has been de facto suspended.

The statement reiterated a call for the establishment of a new independent and impartial investigative body tasked with determining Sombath’s fate and whereabouts, with the authority to seek and receive international technical assistance to conduct a professional and effective investigation in accordance with international standards. This is a call which multiple signatory organizations have been making since his enforced disappearance in 2012.

The statement further urged the Lao government to ratify the International Convention for the Protection of All Persons from Enforced Disappearance (ICPPED), which Laos signed in September 2008; incorporate its provisions into the country’s legal framework, implement it in practice, and recognize the competence of the Committee on Enforced Disappearances to receive and consider communications from or on behalf of the victims.

The full statement is available here.

Contact

Kingsley Abbott, ICJ Senior Legal Adviser, e: kingsley.abbott(a)icj.org

Turkey: State’s UPR commitments on rule of law only a façade (UN Statement)

Turkey: State’s UPR commitments on rule of law only a façade (UN Statement)

29 Sep 2020

The ICJ and IHOP today put the spotlight the lack of independence of the judiciary and the abuse of criminal and anti-terrorism laws in Turkey, speaking at the UN Human Rights Council in Geneva.

The statement, made during the consideration of the Universal Periodic Review (UPR) of Turkey, reads as follows:

The International Commission of Jurists (ICJ) and the Human Rights Joint Platform (IHOP) welcome the acceptance by Turkey of recommendations to ensure the independence of the judiciary (recommendations 45.112, 45.113, 45.114, 45.115, 45.118, 45.120, 45.121, 45.124, 45.125, 45.126, 45.127, 45.128, 45.129, 45.132, 45.133).

The ICJ and IHOP however regret to report that, based on their research and experience, the statements by the Turkish Government that the recommendations on the independence of the judiciary have already been implemented is simply not correct.

On the contrary, during the state of emergency more than 4000 judges and prosecutors were dismissed, more than 2000 judges and prosecutors were detained, through arbitrary processes that did not meet international standards.

The judiciary in Turkey does not enjoy basic guarantees of institutional independence because its Council of Judges and Prosecutors is fully appointed by the Legislative and Executive powers contrary to international standards on judicial independence.

The ICJ and IHOP further regret that Turkey only noted and did not explicitly support the recommendations to reform its penal and counter-terrorism legislation in line with international standards on freedom of expression (recommendations 45.90, 45.91, 45.92, 45.93, 45.94, 45.95, 45.96, 45.97, 45.98, 45.99, 45.100, 45.101, 45.102, 45.103, 45.104, 45.148, 45.158).

The statement by the Government that “legal amendments have already been adopted” and that these laws are in line with international standards is also fundamentally incorrect.

Anti-terrorism laws and other criminal offences continue to be abused to unjustifiably prosecute political opposition members, judges, lawyers, prosecutors and human rights defenders.

To actually implement the recommendations accepted by Turkey, ICJ calls on Turkish authorities to

  1. radically reform the governance of the judiciary to restore its independence in line with international standards;
  2. promptly finalize all criminal and administrative cases concerning former judges and prosecutors, respecting international standards of judicial independence;
  3. truly reform the country’s anti-terrorism law, and
  4. stop all arbitrary prosecution of human rights defenders, lawyers, judges, prosecutors and academics.

Contact:

Massimo Frigo, ICJ Senior Legal Adviser, e: massimo.frigo(a)icj.org, t: +41797499949

Myanmar: ICJ highlights systemic impunity for criminal human rights violations in UPR submission

Myanmar: ICJ highlights systemic impunity for criminal human rights violations in UPR submission

10 Jul 2020

Today, the ICJ submitted a report to the UN Human Rights Council Working Group on the Universal Periodic Review (UPR) ahead of the review of Myanmar’s human rights record in January-February 2021.

The ICJ stressed the lack of accountability and redress for victims – and the resulting continued culture of impunity – for widespread gross human rights violations constituting crimes under international law in Myanmar, particularly those involving members of Myanmar’s Defence Services.

Certain provisions under the 2008 Myanmar Constitution as well as national laws such as the 1959 Defence Services Act and 1995 Myanmar Police Force Maintenance of Discipline Law shield security forces from public criminal prosecutions in civilian courts. Closed court martial proceedings also deny victims and their families the right to truth about human rights violations.

The Myanmar National Human Rights Commission (MNHRC), Myanmar’s national human rights institution with the mandate to investigate allegations of human rights violations, has not initiated any substantive or credible investigation into allegations of widespread and systematic human rights violations perpetrated in recent years by soldiers against persons from ethnic minorities, despite being recorded in detail in the reports of the UN Independent International Fact-Finding Mission on Myanmar and the UN Special Rapporteur on the situation of human rights in Myanmar.

Rather than strengthen the role of civilian courts and the MNHRC, Myanmar has set up ad hoc commissions of inquiry to investigate such incidents. However, these inquiries have a recommendatory mandate and an unclear relationship with the judiciary. The full report of the findings of these commissions are generally not publicly disclosed. Against this backdrop, Myanmar has ceased cooperation with the UN Special Rapporteur for Myanmar and rejected other UN and international accountability mandates.

In light of this, the ICJ recommended the following actions, among others:

  • For the MNHRC to investigate all allegations of gross human rights violations, especially including crimes under international law;
  • For the Parliament to repeal or amend the 1959 Defence Services Act to bring it in line with international human rights law and standards and ensure that gross human rights violations and serious international humanitarian law violations perpetrated by soldiers can only be prosecuted in civilian courts;
  • For the Union Government to publish the full report of the findings of ad hoc commissions of inquiry, such as that of the Independent Commission of Enquiry;
  • For the Union Government to issue an open invitation to and cooperate with the Special Rapporteur on the situation of human rights in Myanmar, the Office of the High Commissioner for Human Rights as well as the UN Independent Investigative Mechanism on Myanmar; and
  • For the Union Government to cooperate with the International Criminal Court.

The ICJ also called for Myanmar to become a party to key human rights treaties, such as the International Covenant on Civil and Political Rights, that the State committed – yet failed – to accede to in its previous UPR cycle.

Download

Myanmar-UPR-Submission-2020-ENG (PDF)

Contact

Jenny Domino, ICJ Associate Legal Adviser, e: jenny.domino@icj.org

Kingsley Abbott, Coordinator of the ICJ’s Global Accountability Initiative, e: kingsley.abbott(a)icj.org

Turkey: conviction of human rights defenders a blow to the rule of law

Turkey: conviction of human rights defenders a blow to the rule of law

3 Jul 2020

The ICJ deplores today’s conviction of former Amnesty International Turkey President Taner Kılıç, and former Chair of Human Rights Agenda Association Günal Kurşun, former Director of Amnesty International Turkey İdil Eser and human rights defender Özlem Dalkıran by the Istanbul 35th Heavy Penal Court, on clearly unfounded terrorism charges.

“These convictions, which were clearly revealed to be baseless during the trial, are an alarming setback to efforts to restore the rule of law in Turkey,” said Massimo Frigo, Senior Legal Adviser for the ICJ Europe and Central Asia Programme.

“This prosecution and conviction constitute harassment of human rights defenders, in violation of a number of Turkey’s international legal obligations. The Turkish authorities should be protecting human rights and supporting the important work of human rights defenders, but instead we have witnessed a continuing pattern of arrests on human rights defenders in the country,” he added.

Taner Kılıç has been sentenced to six years and three months of imprisonment for “membership of a terrorist organization. Günal Kuşun, İdil Eser and Özlem Dalkıran were sentenced to one year and 13 months of imprisonment for “assisting a terrorist organisation”. This decision was taken by majority, with one dissenting opinion that called for their acquittal.

The Court acquitted the other defendants in the case: Nalan Erkem, İlknur Üstün, Ali Gharavi, Peter Steudtner, Veli Acu, Nejat Taştan et Şeyhmus Özbekli.

On 6 June 2017, Taner Kiliç, then President of Amnesty International Turkey was arrested on spurious terrorism charges. The other human rights defenders were arrested while attending a training in Istanbul on digital security and information management; also reported arrested were two trainers (reportedly a German and a Swedish national) and the owner of the training venue.

In Turkey, anti-terrorism offences are oftentimes abused and are applied in over-extensive terms to charge and prosecute human rights defenders and political dissenters, as it occurred in this case. The ICJ has highlighted this problem in several reports, including in its submission to the UN Human Rights Council on the universal periodic review of Turkey.

 

 

Vietnam: Authorities must release Dr. Phạm Chí Dũng, Nguyễn Tường Thụy and Lê Hữu Minh Tuấn and cease harassment of journalists

Vietnam: Authorities must release Dr. Phạm Chí Dũng, Nguyễn Tường Thụy and Lê Hữu Minh Tuấn and cease harassment of journalists

1 Jul 2020

On 30 June, the ICJ and five other organizations sent open letters to the Prime Minister of Vietnam and the European Union (EU) calling for the immediate and unconditional release of human rights defenders, Dr. Phạm Chí Dũng, Nguyễn Tường Thụy and Lê Hữu Minh Tuấn.

The ICJ, Boat People SOS, Human Rights Watch, International Federation for Human Rights, VETO! Human Rights Defenders’ Network and Vietnam Committee on Human Rights in their address to the Prime Minister, urged the Vietnamese government to cease all harassment of other activists from the Independent Journalists Association of Vietnam (IJAVN).

In November 2019, Dr. Phạm Chí Dũng, founding member and Chairman of IJAVN, was arrested in Ho Chi Minh City for allegedly “making, storing, distributing or disseminating materials” that “oppose the State” in violation of article 117 of Vietnam’s Penal Code. He has since been held in incommunicado detention.

Following Phạm’s arrest, a number of persons were subjected to various forms of harassment up to and including arrest and prosecution in connection with their IJAVN membership. In May and June 2020, two IJAVN members, journalist Nguyễn Tường Thụy and law student Lê Hữu Minh Tuấn, were arrested in Hanoi and Quang Nam provinces on similar charges.

In their letters, the ICJ and other organizations raised concerns that Phạm had been targeted and arrested for his human rights advocacy. From 2013 till his arrest, Phạm wrote independently on key rights issues in Vietnam, including on freedom of expression, labour rights, detention of human rights defenders, and harassment of independent civil society. In July 2012, he was arbitrarily arrested under charges of “conducting propaganda against the State” and released in February 2013 after months in prison without trial. In 2014, he was prevented by Vietnamese authorities from travelling to Geneva to participate in a United Nations Human Rights Council side-event connected to the Universal Periodic Review of Vietnam, following which his passport was confiscated.

The organizations noted that the arrest and arbitrary detention of Phạm, Nguyễn Tường Thụy and Lê Hữu Minh Tuấn contravened article 19 of the International Covenant on Civil and Political Rights (ICCPR) which guarantees the right to freedom of expression, as they appeared to have been politically motivated to curtail the rights of the three individuals to freely express their opinions and share information relating to domestic affairs.

In a 2019 ICJ report on freedom of expression and information online across Southeast Asia, national security-related provisions in Vietnam’s Penal Code, including article 117, were shown to have often been abused to curtail free speech and access to information online.

The organizations further noted that the prolonged incommunicado detention of Phạm constituted a violation of the prohibition on torture and other ill-treatment, the right to liberty and the right to be treated with dignity under articles 7, 9 and 10 of the ICCPR.

They further called on Vietnam to protect and facilitate the work of human rights defenders in line with the UN Declaration on the Right and Responsibility of Individuals, Groups and Organs of Society to Promote and Protect Universally Recognized Human Rights and Fundamental Freedoms (Human Rights Defenders Declaration).

The letter to the Prime Minister of Vietnam by the ICJ, Human Rights Watch and VETO! Human Rights Defenders’ Network is available here.

The letter to the European Union by the ICJ, Boat People SOS, Human Rights Watch, International Federation for Human Rights, VETO! Human Rights Defenders’ Network and Vietnam Committee on Human Rights is available here.

Contact

Frederick Rawski, ICJ Asia and Pacific Regional Director, e: frederick.rawski(a)icj.org

See also

ICJ, ‘Dictating the Internet: Curtailing Free Expression, Opinion and Information Online in Southeast Asia’, December 2019

Kazakhstan: arbitrary disbarments undermine the independence of lawyers

Kazakhstan: arbitrary disbarments undermine the independence of lawyers

12 Mar 2020

At the UN, the ICJ today highlighted the need for Kazakhstan to ensure the independence of the legal profession and the judiciary, in particular by ending the arbitrary disbarment of lawyers.

The statement, delivered during the adoption of the outcome of the Universal Periodic Review of Kazakhstan by the Human Rights Council in Geneva. The statement read as follows:

“The International Commission of Jurists (ICJ) welcomes the acceptance by Kazakhstan of the recommendations by Denmark (138.83), France (139.85), Mexico (139.86) and Austria (139.113) to uphold the rule of law and to protect the independence of the legal profession and the judiciary.

The ICJ however regrets that Kazakhstan only noted and did not explicitly support the recommendation by Czechia to “take immediate measures to ensure the effective protection of lawyers, media workers, bloggers and human rights defenders against any form of harassment” (139.114).

Furthermore, based on ICJ research, we regret to report that Kazakhstan’s assertion  that the accepted recommendations are “in the process of implementation” (A/HRC/43/10/Add.1, para. 4) is simply not correct.

On the contrary, the ICJ considers that the independence of the legal profession is being actively undermined in the country.

The ICJ expresses particular concern at disbarment proceedings initiated by the Ministry of Justice, including the recent disbarment of Amanzhol Mukhamediarov and Yerlan Gazymzhanov.[1]

Finally, the situation is exacerbated by a Law on Advokatura that does not require the Bar Association’s authorisation to initiate disbarment proceedings.

To actually implement the recommendations accepted by Kazakhstan, ICJ calls on Kazakh authorities to stop all harassment of lawyers through disciplinary proceedings, readmit the lawyers unduly disbarred and reform its Law on Advokatura in line with international standards on independence of the legal profession.”

[1] See ICJ statement at https://www.icj.org/kazakhstan-disbarment-of-erlan-gazymzhanov-and-amanzhol-mukhamediarov-undermines-the-independence-of-the-legal-profession-icj-says/ .

Egypt: immediately release lawyer Mahienour al-Massry and others arbitrarily detained

Egypt: immediately release lawyer Mahienour al-Massry and others arbitrarily detained

24 Sep 2019

The ICJ today called for the immediate release of lawyer Mahienour al-Massry and hundreds of peaceful protestors who have been arbitrarily arrested by the Egyptian authorities in the context of recent protests against government corruption and President Abdel Fattah al-Sisi.

On 22 September 2019, Mahienour al-Massry was arrested by plain-clothes police officers outside the Supreme State Security Prosecution headquarters in Cairo, after representing five detainees in judicial investigations.

The next day she was brought before the same Supreme State Security Prosecution on unknown charges.

The detainees represented by Al-Massry had been arrested during the recent protests against President Sisi, which commenced on 20 September 2019 when hundreds of Egyptians took the streets in Cairo, Alexandria, Damietta, Mahalla al-Kubra and Suez, among other cities.

Police responded by firing tear gas and arresting hundreds.

Media accounts indicate that nearly 500 people have been arrested, most or all arbitrarily, since the protests commenced. However, documentation by local NGOs indicates that as many as 800 people may have been arrested, apparently for “participating in a ‘terrorist group’ operation” and “distributing fake news to disturb the public opinion.”

“The Egyptian authorities must drop the charges against Mahienour al-Massry, promptly release her and immediately stop persecuting, intimidating and interfering with the work of lawyers protecting the rights of others,” said Said Benarbia, Director of ICJ’s Middle East and North Africa Programme.

Mahienour al-Massry was charged in 2013 and again in 2015 for taking part in peaceful protests, for each of which she received one year-long terms of imprisonment.

Mahienour al-Massry’s recent arrest constitutes an effective sanction that violates her right to liberty under article 9 of the International Covenant on Civil and Political Rights and UN Basic Principles on the Role of Lawyers.

It also impedes the right of her clients to legal representation under article 14 of the ICCPR.

The ICJ previously filed a submission to the Universal Periodic Review regarding arbitrary arrests and detentions and systematic use of pre-trial detention in Egypt, and documented the use of the Egyptian justice system as a repressive tool to eradicate political expression and human rights work.

“The systematic use of arbitrary arrest and detention by State authorities is one of the very reasons Egyptians took to the street in protest,” said Benarbia.

“The authorities’ response provides further evidence of the widespread violations of rights Egyptians face under the current regime,” he added.

Contact:

Said Benarbia, Director of the ICJ Middle East and North Africa Programme, t: +41-22-979-3817; e: said.benarbia(a)icj.org

Download:

Egypt-al-Massry-News-web stories-2019-ARA (story in Arabic, PDF)

Thailand: end prosecution of civilians in military courts

Thailand: end prosecution of civilians in military courts

22 Apr 2019

Today, the ICJ submitted recommendations to the Council of the State calling for the repeal or amendment of National Council for Peace and Order (NCPO) and Head of the NCPO (HNCPO) orders and announcements in line with Thailand’s international human rights law obligations.

The ICJ was informed by the Ministry of Foreign Affairs that the Council of the State had been tasked to review the necessity and relevance of announcements, orders, and acts of the NCPO and of the HNCPO in February 2019.

The review process is in line with Thailand’s declaration to the UN Human Rights Committee in its Follow-Up to the Concluding Observations of the Committee, submitted on 18 July and published on 10 August 2018.

In its submission to the Council of the State, the ICJ has called for the review process of HNCPO and NCPO announcements and orders to be carried out with increased public participation, openness, and transparency.

The ICJ has also made recommendations on the repeal and amendment of the following HNCPO and NCPO orders and announcements since they are clearly inconsistent with Thailand’s international human rights law obligations and the 2017 Constitution, and are neither necessary, nor proportionate, nor relevant to the current situation:

  1. Orders that provide the military with superior powers beyond civilian authorities;
  2. Orders that allow military courts to prosecute civilians;
  3. Orders that infringe on the rights to freedom of expression and assembly, restrict media freedom and the right to information; and
  4. Orders that infringe on community and environmental rights.

As main priorities, the ICJ has recommended that:

a) the exercising of law enforcement powers by military personnel to arrest and detain suspects in places not formally recognized as places of detention without judicial review should end;

b) all cases of civilians facing proceedings before military courts be transferred to civilian courts, and all civilians convicted of an offence in military courts be guaranteed a re-trial in civilian courts; and

c) all other HNCPO and NCPO orders and announcements should be repealed or amended to bring Thailand in compliance with its international human rights law obligations, and to ensure that the rights to freedom of expression, opinion and assembly, and environmental rights, among others, be respected.

Thailand-civilian prosecutions military courts-Advocacy-Non-legal submissions-2019-ENG (PDF in English)

Thailand-civilian prosecutions military courts-Advocacy-Non-legal submissions-2019-THAI (PDF in Thailand)

 

Further readings:

Post coup’s legal frameworks

Thailand: ICJ alarmed at increasing use of arbitrary powers under Article 44

Joint submission to the UN Human Rights Committee by the ICJ and Thai Lawyers for Human Rights

The ICJ and other groups made a joint follow-up submission to the UN Human Rights Committee

Thailand: statement to UN on situation for human rights

ICJ and Thai Lawyers for Human RIghts’ submission to the Universal Periodic Review (UPR) of Thailand

Military officers in law enforcement missions

Thailand: immediately end the practice of arbitrarily detaining persons in unofficial places of detention

Thailand: The ICJ and Human Rights Watch express concerns over detentions

The Use of Military Court

Thailand: transfer all civilians to civilian courts

Thailand: End prosecution of civilians in military tribunals

Thailand: ICJ welcomes Order phasing out prosecution of civilians in military courts but government must do much more

Freedom of expression and assembly

Thailand: lifting of the ban on political activities is welcome but more is needed

Thailand: Lift ban on political gatherings and fully reinstate all fundamental freedoms in Thailand

Thailand: misuse of laws restricts fundamental freedoms (UN statement)

Community and environmental rights

“Development” and its discontents in Thailand

Thailand: ICJ submission to the UN Committee on Economic, Social and Cultural Rights

 

ICJ joins call for UN action on China

ICJ joins call for UN action on China

30 Jan 2019

The ICJ today, alongside dozens of other non-governmental organizations, called on the UN Human Rights Council to adopt a resolution addressing the situation in China, at its upcoming March 2019 session.

The NGOs urge a resolution that would call on China, among other things:

  • to provide independent international human rights experts with unfettered access to all parts of the country, including areas populated by ethnic and religious minorities;
  • to promptly reform national security legislation to meet international standards, and to stop using such laws in ways that violate human rights;
  • to release individuals — including human rights defenders and lawyers among others — unjustly or arbitrarily detained.

The letter reads as follows:

30 January 2019

At upcoming session of Human Rights Council, States should pass resolution to address human rights violations in the People’s Republic of China

Your Excellency,

The past year was marked by vitally important monitoring and review of China’s human rights situation by the United Nations human rights system. The upcoming session of the UN Human Rights Council provides a key opportunity to reinforce the issues raised over the last year, and express collective concern about worsening rights abuse in China and the government’s failure to follow through on its obligations and commitments.

Considerable information has been available in the last year for governments to deepen their understanding of the situation in the country, spanning two UN reviews and nearly two dozen expert letters or opinions, including a full paragraph in the annual update from the UN High Commissioner for Human Rights. Nonetheless, the Chinese state, at the direction of the Chinese Communist Party, continues to suppress dissent and undermine efforts to hold it accountable to its obligations under international agreements.

Millions in the country face dire abuses of their fundamental human rights – be they members of ethnic groups, practitioners of Islam, Tibetan Buddhism or Christianity, human rights defenders, feminists, petitioners, lawyers, journalists, professors or students. Uyghurs and Tibetans are particularly targeted with discriminatory policies and practices. Furthermore, these abuses increasingly affect individuals and communities beyond China’s borders.

In light of this, the international community must push with one voice for change. We urge your government to contribute to and support a resolution on the human rights situation in China.

In doing this, you will join with others to make clear that no State’s development model or economic and political influence can exempt it from its international human rights obligations. If China seeks to be a responsible member of the United Nations and global actor, it should be open to and engage with criticism, rather than seek to deflect or discredit views with which it disagrees.

Such a resolution and any other joint action at the Council should:

  • urge prompt, unfettered and independent access to all parts of the country, in particular Uyghur, other Turkic Muslim and Tibetan areas, by independent international human rights experts, including the UN High Commissioner for Human Rights and relevant UN Special Rapporteurs;
  • demand an end to the abuse of national security legislation as a means of criminalising the work of human rights defenders, freedoms of expression, association, religion or belief and subverting due process, and call on China to seek technical assistance from UN experts to this end, including at the Office of the High Commissioner for Human Rights (OHCHR).
  • call for the immediate release of any and all individuals subjected to unlawful and unjustified deprivation of liberty, in particular those held extra-legally or in extended pre-trial detention, and provide remedies and reparations to address harsh treatment, at times including torture, and loss of livelihoods.
  • express support for the OHCHR and UN Country Team to take steps to expand, improve and regularise monitoring and reporting of the situation in China.

Resisting efforts by China to shield itself from international scrutiny, analysis, and reporting is essential to preventing widespread impunity for violations which, in some cases and based on available reporting, may amount to crimes against humanity. This resistance has the greatest, and perhaps only, chance of success when conducted jointly, and when backed by a multi-pronged multilateral and bilateral effort.

We therefore urge you to take advantage of this moment, and the platform of the Human Rights Council, to convey to China the need to open itself to international monitoring and reporting, and the need for rapid and drastic improvement of its human rights performance across all civil, cultural, economic, political, and social rights.

In so doing, you will demonstrate your commitment to supporting the Chinese, Tibetan and Uyghur human rights communities – those most central to sustainable change, and yet those most vulnerable in the struggle for it. You will also send a clear message to the Chinese government that such abuses cannot be tolerated or ignored, and that the international community will defend the universality of human rights.

Please rest assured, your Excellency, of our highest consideration, and our willingness to engage with you on these issues in the days and weeks to come.

Sincerely,

  • Asian Forum for Human Rights and Development (FORUM-ASIA)
  • Asociación Cultural Tibetano-Costarricense
  • China Human Rights Accountability Center
  • China Labour Bulletin
  • Christian Solidarity Worldwide
  • CIVICUS
  • Core Group for the Tibetan Cause
  • Free Tibet
  • Frontline Defenders
  • Grupo de Apoio ao Tibete
  • Human Rights in China
  • Humanitarian China
  • International Campaign for Tibet
  • International Commission of Jurists
  • International Federation for Human Rights (FIDH)
  • International Service for Human Rights
  • International Tibet Network Secretariat
  • Lawyers for Lawyers
  • Lawyer’s Rights Watch Canada
  • LUNGTA – Actief voor Tibet
  • Network of Chinese Human Rights Defenders
  • PEN America
  • Safeguard Defenders
  • Students for a Free Tibet
  • Students for a Free Tibet Denmark
  • Swedish Tibet Kommitten
  • The Rights Practice
  • Tibet House, Moscow
  • Tibet Initiative Deutschland
  • Tibet Justice Center
  • TIBET LIVES
  • TibetMx Querétaro
  • Tibet Society UK
  • Tibet Support Group Netherlands
  • Tibet Watch
  • Tibetan Youth Association Europe
  • Uyghur Human Rights Project
  • West Africa Human Rights Defenders Network (ROADDH)
  • World Organisation Against Torture (OMCT)
  • World Uyghur Congress

Relevant Background

The below points summarize key updates from the last six months and provide additional detail for the substance of a resolution. It is important to note that joint action should not preclude continuing the positive practice of raising the overall deterioration of human rights in China through bilateral statements under the full range of dialogues and general debates on the Council’s agenda.

  • In August 2018, a review by the Committee on the Elimination of Racial Discrimination declared that western China’s Xinjiang region was akin to a ‘no-rights zone’, and urged the government to take prompt action to disclose information about internment camps and to release the up to one million Uyghurs, Kazakhs and other Muslim minorities arbitrarily detained there.
  • In her update to the September 2018 session of the Human Rights Council, the UN High Commissioner on Human Rights Michelle Bachelet echoed the Committee’s concerns, noting ‘deeply disturbing allegations of large-scale arbitrary detentions of Uighurs and other Muslim communities, in so called re-education camps across Xinjiang’ and adding that her Office has also received ‘reports… of patterns of human rights violations in other regions’. She requested access for her Office to all regions of China.
  • At the Universal Periodic Review of China in November 2018, the consistency of recommendations related to the need to improve respect for minority rights in general, and in particular address serious violations in Xinjiang and Tibet, was remarkable. Similarly, key issues of interest to the diverse human rights community in mainland China – freedom of expression and opinion, freedom of religion or belief, civil society space, ‘residential surveillance in a designated location’, and protections for LGBTI individuals – were clearly articulated.
  • Over 2018, the UN Special Procedures issued at least 21 official communications on China, on issues ranging from access to education and cultural rights for Uyghurs and Tibetans; to due process violations, including risk of torture and suppression of the legal profession; to forced evictions and occupational safety risks for electronics workers. Also in 2018, the Working Group on Arbitrary Detention adopted at least two opinions, concerning two citizen journalists and three lawyers, deeming their detentions in China arbitrary under international human rights law.
  • Naming specific individuals is critical; this contributes to sustained attention and improved conditions. Those who have been the subject of Communications by Special Procedures and, in some cases, referred to in the Concluding Observations of UN treaty bodies, include: Huang Qi, Li Yuhan, Jiang Tianyong, Qin Yongmin, Tibetan language advocate Tashi Wangchuk, Uyghur intellectual Ilham Tohti, and human rights lawyer Wang Quanzhang, sentenced after a closed trial on 26 December 2018 to four and a half years imprisonment for subversion of State power.
  • An additional Communication by 10 Special Procedures, issued in August 2018, called for the removal of legal provisions permitting ‘residential surveillance in a designated location’, echoing concerns of the Committee against Torture that this constitutes de facto incommunicado detention.

The letter may be downloaded in PDF format here: UN-HRC40-OpenLetter-China-2019

The ICJ has repeatedly raised concerns about violations of rights of human rights lawyers in China. See for instance:

On video: UN mechanisms can provide a drumbeat for civil society

On video: UN mechanisms can provide a drumbeat for civil society

28 Dec 2018

During a week of training and practical experience of UN human rights mechanisms in Geneva, women lawyers spoke of the ways in which civil society actors can use these mechanisms to strengthen advocacy efforts.

As part of a project supported by the German Mission to the United Nations in Geneva the ICJ invited two groups of women lawyers to Geneva to attend training workshops that took place during the course of the June and September ordinary sessions of the UN Human Rights Council.

Participants spoke about their experiences with the interplay between UN mechanisms and domestic changes.

Lebanese lawyer Nina Abdallah noted the limitations of these mechanisms when States do not accept mechanisms that allow for individual complaint. As Lebanon has not yet become party to the Optional Protocol of the CEDAW Convention this means that individuals cannot access the CEDAW Committee to seek a remedy for violations and against that State’s failure to meet obligations under the Convention.

However, she explained that although this limits the accessibility of certain mechanisms, civil society can still play an important role in raising rights issues, calling for removal of reservations and acceptance of complaint procedures for specific Conventions through other mechanisms, such as the Universal Periodic Review reporting process.

Maria Sol Taule, a lawyer from the Philippines working for human rights NGO Karapatan, noted that it is difficult for UN mechanisms to address individual cases when there are so many issues to deal with. However, she said that these mechanisms do still serve as an “effective tool to use as a platform to drumbeat our issues that haven’t been heard by our respective governments.”

Civil society participation in the Human Rights Council, State reporting processes for Committees and the UPR provide an occasion to highlight the human rights difficulties faced within specific countries. Ms Taule said this kind of engagement also offers the opportunity to enhance international solidarity with other organizations from other countries that are dealing with similar rights issues.

Azerbaijan: Access to justice and the independence of lawyers and the legal profession (UN Statement)

Azerbaijan: Access to justice and the independence of lawyers and the legal profession (UN Statement)

20 Sep 2018

The ICJ today put the spotlight the lack of independence of the legal profession in Azerbaijan speaking at the UN Human Rights Council in Geneva. 

The statement, made during the consideration of the Universal Periodic Review (UPR) of Azerbaijan, read as follows:

The International Commission of Jurists (ICJ) welcomes the acceptance by Azerbaijan of the recommendations by France (140.70), by Greece (141.12), Austria (141.13), Estonia (141.68), Slovenia (141.71), and Mexico (141.77), to respect the rights of lawyers.

The ICJ regrets, however, that Azerbaijan only noted and did not explicitly support the recommendations by Sweden (141.33), USA (141.39), Czechia (141.67) and Germany (141.76) and rejected the recommendation by the United Kingdom (141.60) to “End all interference in the work of lawyers through disbarment or other disciplinary measures on improper grounds such as expressing critical views.”

These recommendations call for the amendment of the Law on Advocates and Advocates’ Activities to ensure the effective independence of the Bar Association of Azerbaijan. They also call for the setting up of independent and transparent mechanisms for lawyers’ admission to practice, and disciplinary proceedings against lawyers, in conformity with the UN Basic Principles on the Role of Lawyers.

The ICJ notes that Azerbaijan’s support of most recommendations is predicated on the assumption that the situation of the independence of the legal profession in Azerbaijan is in line with international law.

This, however, is not the situation in the country.

The ICJ expresses concern at the persistent lack of independence of the Bar Association of Azerbaijan; indeed, it has actually played a role in undermining the work of lawyers defending human rights. The situation is exacerbated by recent hasty reforms that prohibit lawyers from appearing in any court hearing unless they are members of this non-independent Bar association, furthermore without a sufficient and meaningful transition period. This seriously curtails access to justice for human rights violations in the country.

 

 

Bitter Sugar in Dominican Republic: The Sugar Industry and Human Rights (UN side event)

Bitter Sugar in Dominican Republic: The Sugar Industry and Human Rights (UN side event)

19 Sep 2018

The ICJ will host the side event, “Bitter Sugar in Dominican Republic: The Sugar Industry and Human Rights” on Monday, 24 September 2018 from 15:00-16:00, Room XXVII, at the Palais de Nations in Geneva.

Together with tourism, sugar production is one of the major industries and one of the biggest sources of employment in the Dominican Republic.

This small Caribbean State remains one of the world’s top sugar suppliers to the USA.

While sugar production and export in the Dominican Republic is a major source of income for the country, the adverse impacts of its production are various.

Destruction of the environment, reduced access to land for local communities, forced evictions and precarious working conditions in sugarcane plantations are unfortunately a reality in many regions of this Caribbean State.

Whilst the Dominican Republic has shown in past years a preparedness to abide by and implement international standards on matters related to business and human rights, the country continues to face many challenges and evidence of human rights violations on the ground still portrays a complicated reality.

Two recent examples involving the sugar cane industry illustrate ongoing concern about human rights abuses in the Dominican Republic.

In 2016, armed agents of one of the largest sugar producers in the country, Central Romana Corporation, forcibly evicted from their homes more than 60 families during the night.

No alternative accommodation or reparations have been provided to the victims to redress the destruction of their homes and the trauma caused by the violence of the evictions.

In 2017, the Vicini Group, the second main sugar producing company in the country, used the pesticide Glyphosate in such a way that many were in danger of death and that it destroyed the crops of peasant farmers and workers.

To date, the human rights violations in both cases continue to be unpunished.

There is a growing international concern that the sugar cane industry in the Dominican Republic is somehow able to act with impunity when it comes to human rights violations.

Bearing in mind the upcoming Universal Periodic Review of Dominican Republic, in which all UN Member States will examine the human rights situation in the country, this side event is aimed at informing and shedding light on this little known reality in the Dominican Republic as well as to brief State delegations about the importance of addressing this issue in their review of the Dominican Republic.

The event will also provide a space for constructive dialogue among various actors, including the Government of the Dominican Republic.

Panelists:

– Carlos Lopez, Senior Legal Adviser, International Commission of Jurists

– Fr. Damián Calvo Martin OP, Director, Centro de Teología Santo Domingo de Guzman

–  María Magdalena Álvarez Gálvez, victim of forced evictions by Central Romana Corp.

Moderator: Rory Gogarty, High Court of England and Wales

Interpretation: Will be provided from English to Spanish and Spanish to English

Dominican Republic Sugar Industry Side Event Flyer 24 Sept. (flyer of the event in pdf)

Thailand: ICJ co-hosts discussion on National Action Plan on Business and Human Rights

Thailand: ICJ co-hosts discussion on National Action Plan on Business and Human Rights

23 Aug 2018

On 22 August, the ICJ co-organized a preparatory discussion in Bangkok for civil society organizations on Thailand’s National Action Plan on Business and Human Rights (NAP).

This event was organized one day in preparation for a formal NGO consultation event on the NAP held today.

The formal NGO consultation event was organized by the National Human Rights Commission of Thailand (NHRCT) to consider the draft NAP released by Thailand’s Ministry of Justice’s Rights and Liberties Protection Department (RLPD) in August 2018.

The ICJ hosted the preparatory discussion jointly with Community Resource Centre Foundation (CRC), Amnesty International Thailand (AI Thailand), Protection International (PI), Fortify Rights and the United Nations’ Office of the High Commissioner for Human Rights (OHCHR).

Thirty members of civil society organizations from all across Thailand attended the preparatory discussion.

Of these participants, four persons from the North of Thailand were supported by the ICJ to attend the discussion, including Ms. Arisara Lekkam, Lecturer of Law at Mae Fah Luang University in Chiang Rai, who was also a speaker at the event.

The event began with a presentation about the NAP and business and human rights issues in Thailand, during which Arisara Lekkam provided an overview of the business and human rights situation in Thailand.

Following the presentation, participants divided into groups to discuss four prioritized areas covered by the NAP: Labour, Land and Natural Resources, Human Rights Defenders and Cross-Border Investment.

At the end of the discussion, each group presented a set of recommendations on the draft NAP pertaining to each prioritized area. These recommendations will be provided to the Ministry of Justice’s RLPD.

This is the third event the ICJ has held on business and human rights in collaboration with partners from the North of Thailand.

On 22 November 2017, the ICJ, in collaboration with Chiang Mai University’s Faculty of Law, held a roundtable discussion on human rights litigation concerning special economic zones in Myanmar and Thailand.

Between 29 and 31 July 2017, the ICJ, in collaboration with Chiang Mai University’s Faculty of Law, held a workshop on ‘Introduction to Business and Human Rights & Basic Principles on Documenting Human Rights Violations” for 25 academics, NGO representatives and lawyers in Chiang Mai.

Background

During the second Universal Periodic Review of Thailand in May 2016, the Royal Thai Government accepted a recommendation to develop, enact and implement a national action plan on business and human rights in order to implement the UN Guiding Principles on Business and Human Rights.

In August 2018, Thailand’s Ministry of Justice’s RLPD, which is currently leading the development of the NAP, released a revised ‘zero draft’ of the NAP.

In line with the release of the revised ‘zero draft’, the NHRCT led the organization of a formal NGO consultation event on 23 August 2018, jointly with Thailand’s Ministry of Justice, Thailand’s Ministry of Foreign Affairs, United Nations Development Programme (UNDP) and OHCHR.

The Royal Thai Government reportedly plans to launch the NAP in September 2018.

Eswatini: New law on sexual and domestic violence a vital achievement and opportunity for change

Eswatini: New law on sexual and domestic violence a vital achievement and opportunity for change

19 Jul 2018

His Majesty King Mswati III of the Kingdom of Eswatini (formerly known as the Kingdom of Swaziland) yesterday gave his royal assent to the Sexual Offences and Domestic Violence Act, a milestone in the fight against sexual and gender-based violence (SGBV) in the country.

In its May 2018 report on key challenges to achieving justice for human rights violations in Swaziland, the ICJ identified the widespread occurrence of SGBV, with discriminatory practices based on customary laws and traditional beliefs undermining equality between men and women and the access by victims of such violence to effective remedies and reparation, as well as the holding to account of perpetrators of such violence.

Eswatini’sNational Strategy to End Violence in Swaziland 2017-2022, produced by the Office of the Deputy Prime Minister in collaboration with the UN Population Fund, itself pointed to an alarming rate of increasing violence in all its forms, noting that its most common form was gender-based violence, disproportionately affecting women and girls.

The new law follows a protracted legislative process, first initiated in 2009; then resumed in 2015. It has also been accompanied by increasing attention and concern by international human rights mechanisms, including the UN Human Rights Committee and the Committee on Elimination of Discrimination against Women.

Building on ICJ initiatives to bring together international, regional and local SGBV experts in 2015, and on sustainable development goals on access to justice and gender equality in 2017, the ICJ with local partners convened a workshop on combatting SGBV in Swaziland in February 2018. In consultations during and around this most recent workshop, interlocutors signaled fears that the Senate of Swaziland was equivocating on passage of the 2015 Bill. Responding to local partners’ requests, the ICJ made a submission to the Senate in March 2018, bringing to its attention to the global and regional obligations of the Kingdom to enact the legislation, as well as the Government’s own commitments to do so. The Senate soon after voted to adopt the legislation.

The new law for the first time criminalizes marital rape and other domestic violence offences; makes provision for Specialised Domestic Violence Courts; creates mechanisms and avenues for reporting of offences; and requires medical examination and treatment of victims. These are issues that had not been previously provided for.

Enactment of the law is significant, incorporating into domestic law a very large part of Eswatini’s international human rights obligations, including those arising from the Africa region, to criminalize and sanction the perpetrators of SGBV. It also discharges commitments made by His Majesty’s Government during the 2016 Universal Periodic Review.

Just as important will be the effective implementation of the new law to combat SGBV by bringing perpetrators to account and providing victims with access to justice.

With a view to enhancing the prospects of an effective and comprehensive approach to that end, the ICJ’s Commissioner, and Principal Judge of the High Court, Justice Qinsile Mabuza, will next week be coordinating a meeting of governmental justice sector stakeholders involved in combatting SGBV in the country. This first coordinated meeting of governmental actors will focus on issues of investigation, prosecution and sanctioning of sexual and gender-based violence crimes, including the role of social and medical services.

The ICJ is also commissioning a report on the access of victims of SGBV to effective remedies and reparation. Focused on case studies, the report will include attention to lack of justice through acquittals that have been prompted by inadequate laws or procedures and/or through lack of prompt or sufficient forensic or medical evidence. This report will feed into discussions at a second meeting of governmental justice sector stakeholders, intended for 2019.

Serbia: role of political bodies jeopardizes judicial independence (UN Statement)

Serbia: role of political bodies jeopardizes judicial independence (UN Statement)

29 Jun 2018

The ICJ today raised concerns for the independence of the judiciary in Serbia, in a statement to the United Nations.

The statement was delivered during the discussion of the outcome of the Universal Periodic Review (UPR) of Serbia, at the UN Human Rights Council in Geneva.

It read as follows:

“The International Commission of Jurists (ICJ) congratulates Serbia on the completion of its Third Cycle Universal Periodic Review.

The ICJ welcomes the acceptance by Serbia of all recommendations to strengthen the rule of law and judicial independence, including by limiting political influence over judicial appointments (Norway, 6.1; Sweden, 6.2; France, 6.3; Australia, 6.20; Germany, 6.22; Morocco, 6.23; Estonia, 6.24; Republic of Korea, 6.25; Singapore, 6.26; Canada, 6.27).

The ICJ regrets, however, that constitutional amendments currently under discussion in Serbia run counter to these recommendations.

The amendments would empower the National Assembly to determine appointments and dismissals of judges of the Constitutional Court, as well as for half of the members of the High Judicial Council, five members of the High Prosecutorial Council, the Supreme Public Prosecutor and public prosecutors.

The independence and autonomy of the Constitutional Court, High Judicial Council and State Prosecutorial Council, would be better secured by reducing or eliminating the role of political bodies such as the National Assembly, particularly as regards dismissals.

The ICJ stresses that the judiciary and the prosecution service must exercise their functions free from direct or indirect external influences, threats or interferences, including from the legislative and executive powers.

While welcoming reforms for life tenure of judges and deputy prosecutors, the ICJ urges Serbia to implement the accepted recommendations by precluding involvement of the National Assembly in the appointment and dismissal of judges, court presidents, public prosecutors, and deputy public prosecutors.”

Swaziland: enactment of Sexual Offences and Domestic Violence Bill urgently required – new ICJ report

Swaziland: enactment of Sexual Offences and Domestic Violence Bill urgently required – new ICJ report

24 May 2018

The widespread occurrence of sexual and gender-based violence (SGBV) in Swaziland requires prompt action to enact the Sexual Offences and Domestic Violence Bill, says the ICJ in a report released today.

The ICJ’s report found that discriminatory practices based on customary laws and traditional beliefs undermine equality between men and women and contribute to an environment in which SGBV is at crisis point in the country.

“As the Senate of Swaziland deliberates over the Sexual Offences and Domestic Violence Bill, it must recall that enactment of the Bill is an essential step in complying with recommendations of the UN Human Rights Committee and CEDAW Committee and as a means of discharging the commitments made by His Majesty’s Government during the 2016 Universal Periodic Review,” said Arnold Tsunga, Director of the ICJ Africa Regional Programme.

In earlier submissions to the Senate of Swaziland, the ICJ noted that enactment of the Bill is a matter required of the Kingdom of Swaziland pursuant to its international human rights law obligations, including those arising from the Africa region, to criminalize and sanction the perpetrators of SGBV.

His Majesty’s Vision 2022, the aims and targets of the Deputy Prime Minister’s Office and Swaziland’s consensus in the adoption of the 2030 Agenda for Sustainable Development reinforce compliance with those obligations.

The Sexual Offences and Domestic Violence Bill 2015, first drafted over ten years ago, has still not been passed into law, including because there is a perception that some of its provisions will infringe Swazi law and custom.

“Legislative and policy reform is needed as is the enhanced technical capacity and commitment of justice actors and policy makers to combat domestic and sexual violence,” Tsunga added.

Contact

Arnold Tsunga, Director, ICJ Africa Regional Programme, t: +27.73.131.8411; e: arnold.tsunga(a)icj.org

Alex Conte, ICJ Global Redress and Accountability Initiative, t: +41.79.957.2733; e: alex.conte(a)icj.org

Download

Swaziland-GRABaselineStudy-Publications-Reports-Thematic reports-2018-ENG (full report in PDF)

 

 

 

 

 

Swaziland: ICJ calls for urgent enactment of Sexual Offences and Domestic Violence Bill

Swaziland: ICJ calls for urgent enactment of Sexual Offences and Domestic Violence Bill

20 Mar 2018

The ICJ today submitted a briefing note to the Senate of Swaziland calling for its urgent adoption of the Sexual Offences and Domestic Violence Bill 2015.

The ICJ’s briefing note concludes that enactment of the Bill is a matter required of the Kingdom of of Swaziland pursuant to its regional and universal human rights law obligations to criminalize and sanction the perpetrators of sexual and gender-based violence. Compliance with those obligations is reinforced by the ‘Vision 2022’ of His Majesty King Mswati III, the aims and targets of the Deputy Prime Minister’s Office and Swaziland’s consensus in the adoption of the 2030 Agenda for Sustainable Development.

The ICJ’s briefing note also concludes that, ten years after initial drafting of the Bill, its enactment during the current session of the Parliament of Swaziland is an essential step in complying with recommendations of the UN Human Rights Committee and CEDAW Committee and as a means of discharging the commitments made by His Majesty’s Government during the 2016 Universal Periodic Review.

Swaziland-SOADVBill-Advocacy-ParliamentaryBriefingNote-2018-ENG (Parliamentary Briefing Note, in PDF)

Sri Lanka: communal violence, reconciliation and justice mechanisms (UN statement)

Sri Lanka: communal violence, reconciliation and justice mechanisms (UN statement)

19 Mar 2018

The ICJ spoke at the UN today on concerns about a resurgence of communal violence, and a failure to implement reconciliation and justice mechanisms, in Sri Lanka.

The statement, made during the adoption of the outcome of the Universal Periodic Review for Sri Lanka by the Human Rights Council, read as follows:

“The International Commission of Jurists (ICJ) welcomes the report of the Working Group on the Universal Periodic Review (UPR) on Sri Lanka.

Sri Lanka has stated that it maintains zero tolerance for hate speech and religious violence, and that the National Human Rights Action Plan 2017–2021 contains a firm commitment to enforce section 3(1) of the ICCPR Act. The ICJ further notes that a circular was issued requiring all police officers to take immediate action in this regard. Despite these commitments, recent events demonstrate renewed conflict owing to communal violence directed at the Muslim minority. A state of emergency was proclaimed on 6 March following inaction from law enforcement, and its inability to contain the violence, and emergency regulations were in operation until yesterday.

The ICJ urges the government to demonstrate through action, its willingness bring to account those who have incited communal violence, in line with the ICCPR Act and the commitments conveyed by His Excellency the Ambassador here today. Pervading impunity has emboldened perpetrators to incite violent hatred publicly. Justice must follow recent arrests, ensuring impartial and effective investigations and trials, in line with human rights.

The ICJ also notes the limited progress made on implementing HRC resolution 30/1. Of the reconciliation mechanisms promised, only the Office on Missing Persons is operational. There is little transparency with regards to the other proposed mechanisms (including the mechanism on accountability with involvement of international judges, prosecutors and investigators), or in relation to repeal and replacement of the Prevention of Terrorism Act. Any new counterterrorism law must comply with international human rights standards, and we welcome the Ambassador’s affirmation of the Government’s commitment to this today.

The ICJ urges Sri Lanka to accept and implement all relevant UPR recommendations without delay, before the opportunity for reform may be lost.”

Video of the ICJ statement is available here:

Video of the opening presentation by H.E. the Ambassador of Sri Lanka is available here:

 

Peru and the fight against impunity (UN Statement)

Peru and the fight against impunity (UN Statement)

15 Mar 2018

The ICJ today spoke at the United Nations on impunity and the situation for human rights in Peru.

The oral statement was made during the discussion at the Human Rights Council of the Universal Periodic Review outcome for Peru. It read as follows (translation from the original Spanish):

“Mr President,

The International Commission of Jurists (ICJ) recognizes the progress made by the Peruvian State in the field of human rights and its openness in relation to the recommendations made in the current cycle of the Universal Periodic Review.

The ICJ regrets, however, that the investigation and punishment of those responsible for the serious human rights violations that occurred during the internal armed conflict have not received the attention they deserve. On the contrary, the fight against impunity has receded with the granting of pardon and presidential grace to former president Alberto Fujimori who was serving a prison sentence for a series of crimes against humanity committed during his term. The presidential grace grants immunity from investigations and prosecutions in course or to be opened in the future.

One of the recommendations (111.97) that Peru accepts with qualifications refers to investigations and reparations to the thousands of women who suffered forced sterilization during the Fujimori administration. The measures of pardon and grace granted would exonerate Fujimori from investigation and punishment for this and other serious crimes. The ICJ urges the Peruvian State to implement the recommendations of the international community with full respect for international standards that prohibit impunity for serious violations of human rights.

Thank you Mr President.”

 

The ICJ oral statement complements a related written statement by the ICJ at the session.

Human rights groups call on States to hold China accountable at the UN Human Rights Council 

Human rights groups call on States to hold China accountable at the UN Human Rights Council 

26 Feb 2018

In a private letter sent to select UN member states, nearly 20 human rights organizations called for clear and concrete actions to denounce China’s current rollback in respect for human rights at the UN Human Rights Council, which opens its session in Geneva today.

The groups highlight five cases of human rights defenders that would benefit from further pressure being brought to bear on the Chinese government. They include:

–        Liu Xia, a poet kept under house arrest after the death of her husband, Nobel laureate Liu Xiaobo, in July 2017;

–        Wang Quanzhang, a rights lawyer held incommunicado since July 9, 2015;

–        Gui Minhai, a Swedish citizen arbitrarily detained in China since he vanished from Thailand in October 2015;

–        Tashi Wangchuk, a Tibetan cultural rights and education advocate who has been detained more than two years on charges of inciting separatism; and

–        Yu Wensheng, a prominent human rights lawyer disbarred, then arbitrarily detained, in January 2018.

The report of the UN Special Rapporteur on Human Rights Defenders, Mr Michel Forst, to the current Human Rights Council session, describes the dire situation for human rights lawyers and other defenders in China (see paragraphs 277 to 297 of the report.

‘These are just five cases among hundreds, if not more. Taken together, they show that the ferocious crackdown on human rights defenders, including lawyers, that has intensified since President Xi Jinping assumed power continues unabated’, say the authors of the letter.

‘The Human Rights Council should take further steps to show China that undermining key legal protections for freedoms of expression and association and the rights to a fair trial, not to mention disappearing or arbitrarily detaining dissenting voices, is unacceptable behaviour – especially for a would-be “global leader”’.

In March 2016, twelve States presented a historic joint statement focused on the human rights situation in China. Following President Xi’s consolidation of power at the 19th Party Congress in November 2017, a renewed commitment to a joint statement condemning China’s human rights violations has never been more timely.

The organisations urge the governments to call for the release of all arbitrarily detained individuals; condemn the use of ‘residential surveillance in a designated location’, which the UN Committee against Torture has said ‘may amount to incommunicado detention in secret places,’; and promptly grant relevant UN experts unhindered access to all parts of the country.

‘The Council’s credibility is based on its ability to act swiftly and effectively to address human rights situations and to uphold universal values. However, this has come under attack in recent years, particularly from China and likeminded governments’.

‘In this context, it is critical for countries to demonstrate their commitment to the protection and promotion of human rights in China, and to defend the values underlying the international human rights system’.  

This year is particularly important, as human rights defenders inside and outside China prepare for the country’s next Universal Periodic Review, scheduled for November 2018.

The letter to governments concludes: ‘For human rights defenders to have the courage to engage in this important process, with all the risks that it entails, it’s critical that they know that they are not alone’.

China – UNHRC Accountability -Advocacy-Open letter – 2018 – ENG (full report in PDF)

Swaziland: workshop on sexual and gender-based violence

Swaziland: workshop on sexual and gender-based violence

26 Feb 2018

On 28 February 2018, the ICJ is holding a workshop on combatting sexual and gender-based violence (SGBV) in Swaziland, in cooperation with Women and Law in Southern African – Swaziland (WLSA Swaziland) and the Swaziland Action Group Against Abuse (SWAGAA).

The workshop, held as part of the ICJ’s Global Redress and Accountability Initiative, will consider the prevalence of SGBV in Swaziland, and contributing factors, and will focus on the extent to which perpetrators of such violence are, and can be, held accountable in law and in practice and the means by which victims of SGBV may better access effective remedies and reparation.

Participants will also discuss opportunities for engagement with UN mechanisms on addressing SGBV in the Kingdom of Swaziland.

The workshop is set against the backdrop of urgent recommendations adopted by the UN Human Rights Committee in 2017 on the combatting of violence against women, in respect of which Swaziland must report to the Committee by July 2018.

It comes ahead of Swaziland’s anticipated report, also due in July 2018, to the UN Committee on the Elimination of All Forms of Discrimination Against Women which in 2014 also adopted several recommendations on the combatting of violence against women.

The workshop also comes as national debates continue on the enactment of the Sexual Offences and Domestic Violence Bill, which Swaziland had committed to enact without delay at its 2016 Universal Periodic Review.

Workshop Agenda

Pakistan: human rights record under UN scrutiny

Pakistan: human rights record under UN scrutiny

10 Nov 2017

As Pakistan is set to undergo its third Universal Periodic Review (UPR) on 13 November, the ICJ has urged Pakistani authorities to meaningfully engage with the process to improve the human rights situation in the country.

“Pakistan’s past engagement with the UPR has been characterized by denial and defensive posturing,” said Frederick Rawski, ICJ’s Asia Director.

“As a recently-elected member of the UN Human Rights Council, it is more important than ever for the Pakistan to show that it takes its human rights obligations seriously by engaging with the upcoming UPR in its true spirit,” he added.

During its second UPR in 2012, Pakistan received 167 recommendations, of which it rejected seven, noted 34, and accepted 126.

The seven recommendations rejected by Pakistan relate to some of the most serious human rights violations in the country, including recommendations to adopt an official moratorium on the death penalty with a view to abolishing capital punishment in law and practice, repeal blasphemy laws, and decriminalize adultery and non-marital consensual sex.

Even accepted recommendations have been largely ignored in the four years since the previous UPR, the ICJ notes.

Enforced disappearances are still not recognized as a distinct, autonomous crime; perpetrators of gross human rights violations continue to escape justice; there has been complete inaction to prevent abuse of so-called blasphemy laws; and freedom of expression is often restricted on vague grounds such as “national security” and “immorality”.

“Pakistan’s human rights situation has in many ways deteriorated since 2012,” Rawski added.

“Yet – as reflected by Pakistan’s national report for the upcoming UPR – the authorities apparently remain in a state of denial about the dire human rights implications of these new measures,” he said.

These measures include the lifting the informal moratorium on the death penalty and carrying out nearly 500 executions in less than three years – among the highest in the world; passing laws allowing military courts to try civilians for certain terrorism-related offences; and a new wave of crackdowns on NGOs, journalists and human rights defenders, including retaliating against NGOs for presenting “a very bleak picture” of the country’s human rights situation to the UN.

“UN member states on Monday should urge Pakistan to end the dangerous downward spiral on rights by ending repression, respecting fundamental freedoms, and holding perpetrators of violations responsible,” Rawski said.

Contact

Frederick Rawski, ICJ Asia Pacific Regional Director, t: +66 64 478 1121, e: frederick.rawski(a)icj.org

Reema Omer, ICJ International Legal Adviser for Pakistan (London), t: +447889565691; e: reema.omer(a)icj.org

Additional information

The UPR is a unique mechanism of the UN Human Rights Council aimed at improving the human rights situation of each of the 193 UN Member States. Under this mechanism, the human rights record of all UN Member States is peer-reviewed every four to five years by the UPR Working Group, consisting of the 47 UN Member States of the Human Rights Council; however, any UN Member State can take part in the discussions and the dialogue during the UPR of the reviewed States. States then make recommendations to the country under review, which has the option of accepting or noting the recommendations.

 

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