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New publication shows how Geneva-based UN human rights bodies can be used more effectively to combat impunity

New publication shows how Geneva-based UN human rights bodies can be used more effectively to combat impunity

11 Sep 2013

TRIAL (Track Impunity Always) and the ICJ presented a new publication on the potentials of Geneva-based human rights bodies in the fight against impunity and in promoting accountability of individuals responsible for crimes under international law and gross human rights violations.

The publication Promoting Accountability through the Human Rights Bodies in Geneva focuses on bodies such as the Human Rights Council, the Universal Periodic Review (UPR), Special Procedures and Treaty Bodies.

The report proposes initiatives through which States, civil society and other stakeholders can better engage the Human Rights Council and other Geneva-based human rights mechanisms promoting better accountability. They include:

  • Ensuring that the Human Rights Council focuses more consistently on accountability, for instance through the introduction of a periodic resolution on international justice and accountability and with greater attention given to international criminal law and the International Criminal Court;
  • Ensuring that accountability-related action points are systematically taken up by the Human Rights Council in thematic and country-specific resolutions, as well as in recommendations made within the UPR mechanism;
  • Ensuring that Special Procedures and Commissions of Inquiry engage on a deeper basis with accountability-related issues, formulating appropriate recommendations and conducting studies where needed and appropriate.

“Although the UN human rights system has made great strides over the years in the promotion and protection of human rights, one area in which it has fallen short of its potential is in the area of combating impunity,” said Ian Seiderman, ICJ’s Legal & Policy Director. “As long as perpetrators of gross human rights violations avoid facing justice, human rights can never be fully realized.”

Gabriella Citroni, TRIAL’s Senior Legal Adviser added: “promoting and mainstreaming issues related to the fight against impunity requires cooperation between all stakeholders, in particular States and civil society organizations. The publication aims at fostering joint efforts to make accountability a key issue in the discussions and activities undertaken by Geneva-based human rights bodies.”

Contacts

Gabriella Citroni, Senior Legal Adviser, TRIAL,: +41 22 321 61 10 ; email: gabriella.citroni(a)trial-ch.org

Ian Seiderman, Director, Legal & Policy, ICJ, t: +41 22 979 3837; email: ian.seiderman(at)icj.org

Universal-ICJTRIAL-Geneva bodies-impunity-Publications-report-2013 (full text of version for States in pdf)

Universal-ICJTRIAL-Geneva bodies-impunity-Publications-report.2013 (full text of version for NGOs in pdf)

Photo: UN/Jean-Marc Ferré

 

The Arms Trade Treaty: a human rights treaty?

The Arms Trade Treaty: a human rights treaty?

12 Jun 2013

On Tuesday 11 June 2013, the ICJ convened a parallel event, organised with the Geneva Academy of International Humanitarian Law and Human Rights, during the Human Rights Council’s 23rd regular session held in Geneva.

The event, held in Room XXV of the Palais des Nations, discussed how human rights will be promoted by the Arms Trade Treaty (ATT), including ways to ensure compliance with the ATT and the relevance of the treaty for activities of the Human Rights Council and international human rights experts. The event was chaired by Alex Conte, Director of the ICJ’s International Law and Protection Programmes. Panelists were Simon Bagshaw, Senior Policy Adviser for the UN Office for the Coordination of Humanitarian Affairs; Professor Andrew Clapham, Director of the Geneva Academy of International Humanitarian Law and Human Rights; and Dr Stuart Casey-Maslen, Head of Research at the Geneva Academy of International Humanitarian Law and Human Rights.

Simon Bagshaw provided a background to the treaty from a humanitarian perspective, recognising that the ATT provides an opportunity to address some of the humanitarian impacts and costs of the arms trade. He also stressed the importance of specific elements within the treaty, such as the obligation to refrain from authorising the transfer of weapons where a substantial risk exists that this may result in serious violations of international human rights law or international humanitarian law.

Andrew Clapham and Stuart Casey-Maslen focussed on the human rights perspective. Professor Clapham promoted the use of mechanisms such as the Human Rights Council and its Universal Periodic Review to assist in implementation of the treaty. Dr Casey-Maslen discussed areas that may help ratification, implementation and monitoring of the ATT, including the role of civil society in that regard.

Several questions were raised during discussions concerning how the treaty would work in practice and its broader implications for non-State actors. Panellists confirmed that the ATT includes the facilitation of crimes as enumerated in the treaty and may also cover domestic crimes of terrorism. Since the ATT does not provide for the establishment of fact-finding missions, it was emphasised that civil society will need to act to monitor compliance with the ATT. Panellists also pointed out the important role of the treaty regarding the conduct of non-State actors. Although the treaty sets out obligations for States only, States parties will be responsible for providing licensing to arms manufacturers and private companies working within the weapons industry.

UN HRC-Arms Treaty side event flyer-event-2013 (event flyer in pdf)

ICJ joins UPR-Info in raising concerns over attacks on the integrity of UPR reports

ICJ joins UPR-Info in raising concerns over attacks on the integrity of UPR reports

10 Jun 2013

In a statement delivered today by UPR-Info, the ICJ joined 72 NGOs to draw the Human Rights Council’s attention to attacks on the integrity of UPR Working Group reports.

In a general debate under Item 6 (Universal Periodic Review), the statement drew attention to recent amendments to the draft UPR Working Group report on the Russian Federation in which recommendations were removed by the State under review for reasons of their being irrelevant. The statement emphasised that both accepted and noted recommendations should be included in Working Group reports, irrespective of the country making them or of the issues raised.

The statement was delivered during the Human Rights Council’s 23rd regular session (27 May to 14 June 2013).

HRC23-Item6GD-LegalSubmission-2013 (download full oral statement in PDF)

Side event: strengthening accountability in the field of human rights

Side event: strengthening accountability in the field of human rights

29 May 2013

On Tuesday 28 May 2013, the ICJ co-sponsored a parallel event with TRIAL and the Missions of Botswana, Costa Rica, Estonia and Switzerland during the Human Rights Council’s 23rd regular session held in Geneva.

The event, held in Room XXV of the Palais des Nations, addressed key issues concerning accountability and human rights. The event was chaired by Professor Paola Gaeta from the Geneva Academy of International Humanitarian Law and Human Rights. Panelists were Tiina Intelmann, President of the Assembly of the States Parties to the ICC Statute; Mothusi Bruce Rabasha Palai, Ambassador of Botswana; Ian Seiderman, Director of the ICJ’s Law and Policy Office; and Gabriella Citroni, Senior Legal Adviser at TRIAL (Swiss association against impunity).

Panelists agreed that accountability is intimately linked to the enjoyment of human rights. It was stated that – under State responsibility – States are, or should be, held responsible for acts involving any violation of international law, including international human rights law and international humanitarian law. Accountability is thus not only about criminal justice, but also about ensuring reparations and guarantees of non-recurrence.

Recommendations made under the Universal Periodic Review (UPR) mechanism were seen as having been partly successful in bridging gaps, although there remains a lack of proper follow-up on the progress of implementation between UPR cycles. Panellists observed that States often fail to refer to standards enunciated by the High Commissioner for Human Rights and by the Special Procedures. Regarding the accountability of non-State actors for conduct involving human rights abuses and violations, the ‘Ruggie Principles’ were referred to as a representing good progress but still failing to be as comprehensive as they should be.

Concerning future steps by Human Rights Council mechanisms, panellists proposed that resolutions, statements and Special Procedures should more directly and frequently refer to accountability. The need for greater political pressure on the International Criminal Court was expressed, with the aim of supporting the domestic capacity of States parties to the Rome Statute. Concerning domestic capacity to strengthen accountability more generally, panellists and participants agreed on the need to improve linkages between the work of persons dealing with development and those working on accountability.

HR Council-Strengthening accountability-event-2013 (event flyer in pdf)

 

Bahrain: authorities to fully cooperate with UN Mechanisms and implement recommendations of Commission of Inquiry

Bahrain: authorities to fully cooperate with UN Mechanisms and implement recommendations of Commission of Inquiry

29 Apr 2013

The Bahrain authorities must fully cooperate with the UN mechanisms and implement the recommendations of the Bahrain Independent Commission of Inquiry (BICI) set up by the Government of Bahrain in June 2011.

The ICJ further calls on the Bahrain authorities to ensure that the recommendations from the UN Universal Periodic Review process in September 2012 are implemented in full and in good faith and, to this end, immediately extend an invitation with specific dates to the UN Special Rapporteur on torture, Juan E. Méndez (photo).

The statement comes as the authorities in Bahrain effectively cancelled a visit of the Special Rapporteur for the second time, a previous visit in March 2012 also having been postponed at the last minute.

“As a former member of the BICI, I find it extremely disappointing that Bahrain has taken this decision for the second time. It keeps dangling the possibility of a visit when it is under pressure to do something about implementing the BICI recommendations,” said Sir Nigel Rodley, President of the ICJ. “One does not have to be a cynic to infer that once the pressure eases – for example, because the Human Rights Council has concluded its review of Bahrain’s human rights performance or the Formula One race is over – it can then withdraw its invitation. I hope the international community will take account of this pattern, when reacting to positive assurances from the authorities. Promises are no substitute for implementation.”

The report of the BICI, published in November 2011, documented numerous cases of torture and ill-treatment.

It further made crucial recommendations for reform so as to prevent these and other violations in the future, including effective investigations into all cases of torture and ill-treatment by an independent and impartial body; the establishment of a standing independent body to examine all complaints of torture or ill-treatment, excessive use of force or other abuses at the hands of the authorities; and the compensation and provision of remedies for all victims.

“The BICI’s recommendations included ones to address the serious problem of torture in Bahrain, a problem I had identified in the 1990s when I held the mandate Juan Mendez now discharges with consummate professionalism. One may perhaps be pardoned for considering that the only threat posed by the visit to the political situation is the fear of what information would be uncovered by the visit,” Sir Nigel Rodley concluded.

Contact:

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

UN Photo/Rick Bajornas

 

ICJ calls on Indonesia to abolish death penalty

ICJ calls on Indonesia to abolish death penalty

22 Mar 2013

Indonesia’s resumption of the death penalty after a four-year moratorium is a major setback for the country’s human rights record, the ICJ said today.

Indonesia executed Adami Wilson Bin Adam on 15 March 2013. After the execution, Indonesia’s Attorney General Basrief Arief announced that the government was set to execute nine more convicts this year.

“The Indonesian government should immediately reverse its decision to proceed with more executions in defiance of global trends toward the abolition of the death penalty,” said Emerlynne Gil, ICJ’s International Legal Advisor for Southeast Asia in Bangkok. “At least 150 countries have now either abolished the death penalty or instituted an official or unofficial moratorium. There is a growing understanding around the world that the death penalty is an unacceptable assault on rights and dignity.”

Adami Wilson Bin Adam was convicted in 2004 for smuggling one kilogram of heroin into the country. In Indonesia, the law prescribes the penalty of death for trafficking narcotics.

During its Universal Periodic Review (UPR) in 2012 at the UN Human Rights Council, Indonesia rejected recommendations to abolish the death penalty or establish a moratorium on executions.

In its reply, the Government of Indonesia said that death penalty is imposed “selectively only for serious crimes.” However, the UN Special Rapporteur on extrajudicial, summary or arbitrary executions, in his report, emphasized that “the death penalty should be eliminated for crimes such as economic crimes and drug-related offences.”

Indonesia last carried out executions four years ago. In 2008 it executed three men convicted of the 2002 Bali bombings.

“This execution undermines Indonesia’s repeated efforts to position itself as a regional human rights leader,” Gil added. “Its resumption of executions is indeed a very grave setback not only for Indonesia, but also for the region and ASEAN, the Association of South East Asia Nations.”

The ICJ says that use of the death penalty violates the right to life and the right not to be subjected to cruel, inhuman, or degrading treatment or punishment.

Last November 2012, the UN General Assembly issued a resolution calling on all Member States to establish a moratorium on executions with a view to abolishing the death penalty.

The resolution was adopted by an overwhelming number of votes from Member States. Indonesia abstained from the vote.

The ICJ calls Indonesia to immediately ratify the 2nd Optional Protocol to the International Covenant on Civil and Political Rights, which obligates State Parties to take all necessary measures to abolish the death penalty.

In the immediate term, the country should implement a moratorium on the practice, the ICJ adds.

 

ICJ calls for reconsideration of Sri Lanka’s position on UPR recommendations

ICJ calls for reconsideration of Sri Lanka’s position on UPR recommendations

15 Mar 2013

The ICJ today called on the Government of Sri Lanka to reconsider its rejection of key UPR recommendations on accountability and judicial independence and integrity.

In an Interactive Dialogue to consider the adoption of the outcome document on the Universal Periodic Review of Sri Lanka, the ICJ pointed to the urgent need for the Government to fully implement its legal obligations and commitment to initiate credible and independent actions to ensure justice, equity, accountability and reconciliation. Also pointing to the impeachment of the Chief Justice of Sri Lanka and attacks against the judiciary, the ICJ urged the Government to accept recommendations to strengthen and ensure judicial independence and the integrity of the judiciary.

The statement was made during the Human Rights Council’s 22nd regular session (25 February to 22 March 2013) under Item 6 (Universal Periodic Review), following the review of Sri Lanka in by the Council’s Working Group on the UPR.

SriLanka-HRC22-Item6-UPRSriLanka-NonLegalSubmission-2013 (download full statement in PDF)

SriLanka-UPR-StakeholderSubmission-LegalSubmission-2012 (go to webpage on the ICJ’s submission on the UPR of Sri Lanka)

Zimbabwe: persecution of human rights defenders must stop!

Zimbabwe: persecution of human rights defenders must stop!

17 Jan 2013

Okay-MachisaThe ICJ expresses great concern over the recent pattern of attacks on human rights defenders in Zimbabwe by the Law and Order Section of the Zimbabwe Republic Police (ZRP).

The ICJ says the systematic assault on human rights defenders has taken the form of arbitrary arrests of human rights practitioners, unjustifiable raids on their offices and interference with their meetings amongst other forms of harassment.

Such attacks have been a continuous source of international concern, including when raised by United Nations Human Rights Council in its Universal Periodic Review of Zimbabwe in 2011.

There has been a failure on the part of the Zimbabwe judiciary to exercise its responsibility of judicial oversight over these abuses, the ICJ adds.

“Government officials including the ZRP are using repressive laws to harass and intimidate human rights defenders and NGOs with the aim of causing them to abandon their work in promoting and defending human rights in Zimbabwe,” said Martin Masiga, Deputy Director of the Africa Regional Programme of the ICJ. “It is deplorable that the government has contrived to fabricate charges against its own citizens to discredit, delegitimize and frustrate their lawful civic activities.”

The ICJ underscores the reports of the arrest of Zimbabwe Human Rights Association (ZimRights) Director Okay Machisa (photo) on Monday, 14 January 2013 in Harare on charges of allegedly “conspiring to commit voter registration fraud and publishing or communicating falsehoods”.

The magistrate in this matter denied bail for reasons inconsistent with international fair trial standards and which appeared to be politically motivated.

The arrest of Okay Machisa follows the detention of his deputy, Leo Chamahwinya and three other staff members of ZimRights in December 2012 on the same charges.

These arrests occurred just a few weeks after ZimRights [publicly] denounced the trend of increasing police brutality across Zimbabwe and called for urgent action by competent authorities to address these human rights violations.

The Zimbabwean Constitution, the African Charter on Human and Peoples’ Rights and the International Covenant on Civil and Political Rights, to which Zimbabwe is a state party, guarantees the right to the freedom of opinion, expression and association.

The UN Declaration on Human Rights Defenders, which articulates universal standards for the protection of those working to protect human rights, affirms that “everyone has the right, individually and in association with others, to promote and to strive for the protection and realization of human rights and fundamental freedoms at the national and international levels “.

Accordingly, Zimbabwe has a legal obligation to protect those persons and organisations that strive for the protection and promotion of human rights.

Zimbabwe reportedly will hold national elections in 2013, the first since the formation of the Government of National Unity following the tragic events of the 2008 national election.

The ICJ insists it is essential for the people of Zimbabwe and for the advancement of Zimbabwe in the arena of constitutional democracy that State officials exercise their responsibility to protect human rights activists instead of attacking them.

The ICJ urges the Government of Zimbabwe to respect regional and international human rights standards, and to call upon its law enforcement agencies to cease the harassment and intimidation of HRDs in Zimbabwe.

The ICJ calls on the Zimbabwean judiciary to exercise its responsibility to uphold international fair trial standards and the constitutional provisions of Zimbabwe in adjudicating the matters relating to human rights defenders, including the officials of ZimRights.

Contact:

Martin Okumu-Masiga, Deputy Director of the ICJ Africa Regional Programme, t: +27110248268; e-mail: martin.okumu-masiga(at)icj.org

 

Annual meeting of the Special Procedures

Annual meeting of the Special Procedures

11 Jun 2012

The ICJ, together with other NGOs, submitted four documents and oral statements to the 19th Annual Meeting of the Special Procedures of the Human Rights Council.

From 11 to 15 June 2012, the Special Procedures of the Human Rights Council will undertake its 19th Annual Meeting. On behalf of 22 non-governmental organisations, the ICJ addressed an open letter dated 1 June 2012 to the Coordination Committee of the Special Procedures. Building on a Joint Statement produced following the 18th Annual Meeting in 2011, the letter welcomes some positive developments and initiatives, and provides comments or suggestions for improvement on the following topics:

  1. the communications reports of the Special Procedures;
  2. the handling of urgent appeals and individual communications;
  3. non-cooperation by States;
  4. reprisals against persons who cooperate with the UN;
  5. the OHCHR compilation of UN information for the Universal Periodic Review;
  6. NGO briefings conducted in the margins of Human Rights Council sessions; and
  7. the Special Procedures “facts and figures”.

In an oral statement during the Annual Meeting, the ICJ also drew attention to the recently elaborated Maastricht Principles on Extraterritorial Obligations of States in the area of Economic, Social and Cultural Rights.

 

Отчет 
МКЮ для
 универсального
 периодического
 обзора Совета 
по
 правам 
человека ООН по Республике 
Беларусь 

Отчет 
МКЮ для
 универсального
 периодического
 обзора Совета 
по
 правам 
человека ООН по Республике 
Беларусь 

2 Dec 2009

Этот
 обзор
 имеет
 ключевое
 значение, учитывая
 невыполнение Беларусью
 ряда международных
 обязательств
 в
 области
прав 
человека.

Нарушения прав человека включают
 нарушения
 свободы
 выражения,
 собрания
 и
 ассоциации;
 нарушения
 прав
 на
 свободу
 и
 безопасность
 личности
 в
 результате
 произвольного
 задержания;
 и
 нарушение
 права
 на
 справедливое судопроизводство
 в
 контексте
 контроля
 исполнительной
 властью
 органов
 судебной
 власти
 и
 юридической
 профессии.

Доклад напоминает о обязаности
 Республики Беларусь сотрудничать 
с
 международными
 органами

 по 
правам
 человека.

Belarus-ICJ Submission Universal Periodic Review-2009-rus (доклад, PDF)

“Rights Work” conference, Stockholm: ICJ intervention on systematic work for human rights implementation

“Rights Work” conference, Stockholm: ICJ intervention on systematic work for human rights implementation

14 Nov 2008

At the Conference on Systematic Work for Human Rights Implementation, the ICJ underscored the civil society’s dual role in terms of assessment of implementation of human rights norms as well as assistance to States in this regard.

According to the ICJ, the development of international norms has not been accomplished once and forever.

As an example, it pointed to a need to develop norms to extend the obligations to respect and ensure human rights also to businesses. On the other hand, the UN Universal Periodic Review and the system of treaty monitoring bodies should play a more meaningful role to help States ensure full compliance with human rights standards.

ICJ Intervention on Systematic Work for Human Rights Implementation-Events-2008 (full text, PDF)

ICJ urges complete response to questions on secret detentions and on renditions of terrorism suspects

ICJ urges complete response to questions on secret detentions and on renditions of terrorism suspects

18 Apr 2008

The ICJ today urged the Government of Poland to respond fully to concerns about the adequacy of its investigations into allegations of CIA-run secret detention centres in Poland and renditions of terrorism suspects.

The call follows the review of Poland’s human rights record at the first session of the UN Human Rights Council’s Working Group on the Universal Periodic Review (UPR).

Poland-UPR detention renditions-press release-2008 (full text, PDF)

Polish government submits report to UN Human Rights Council

Polish government submits report to UN Human Rights Council

16 Apr 2008

On 14 April 2008, the UN Human Rights Council began assessing human rights compliance in Poland as part of a new mechanism monitoring the condition of human rights in the world.

As part of the Universal Periodic Review, the situation in each of the countries will be assessed every four years on the basis of reports submitted by the governments of those countries and documents prepared at the same time by the Office of the High Commissioner for Human Rights (among others, on the basis of reports submitted by NGOs). At yesterday’s UN meeting, the Polish delegation, led by the under-secretary of state at the Ministry of Foreign Affairs, Witold Waszczykowski, presented the report of the Government of the Republic of Poland on human rights and answered questions asked by the representatives of other countries.

Poland-Polish Government Submits Report to the UN Human Rights Council-Web-2008 (full text, PDF)

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Joint Statement: Sri Lanka’s Flawed Plans for a ‘Truth Commission’

Joint Statement: Sri Lanka’s Flawed Plans for a ‘Truth Commission’

4 Sep 2023

We, nine international human rights organizations, have grave reservations about the Sri Lankan government’s proposed National Unity and Reconciliation Commission. Our concerns echo many of those already raised by victims of conflict-related abuses and their families. Sri Lanka has a long history of convening similar bodies, none of which has provided justice, truth or reparation to the many people who have engaged with them. The latest initiative risks repeating the mistakes of the past, exposing victims to renewed security threats and re-traumatization without any realistic chance of a different outcome. There have not been any genuine confidence-building measures, or steps to ensure a safe and conducive environment for such a commission to function effectively.

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