The ICJ calls for an end to escalating repression of civil society in Cambodia

The ICJ calls for an end to escalating repression of civil society in Cambodia

Today, the ICJ called on the Royal Government of Cambodia (RGC) to end the escalating repression of civil society in Cambodia and reverse the rapidly deteriorating rule of law and human rights crisis in the country.

Yesterday, it was reported that Prime Minister Hun Sen called for the shut down of one of Cambodia’s leading, independent NGOs, Cambodian Centre for Human Rights (CCHR), and directed the Ministry of Interior to investigate CCHR for its alleged engagement with “foreigners”.

The Prime Minister’s statement appeared to allude to alleged involvement of CCHR in a supposed foreign-backed “colour revolution” to overthrow the government.

“The Cambodian Center for Human Rights plays an essential, independent role in promoting and protecting human rights in Cambodia and must be able to continue its important work without fear of retaliation, reprisal or other unjustified interference,” said Kingsley Abbott, the ICJ’s Senior International Legal Adviser for Southeast Asia.

“Everyone has the right to form and participate in organizations established to work on human rights, and States have a corresponding duty to protect the ability of such organizations and their participants to carry out their work to promote and defend human rights,” he added.

This latest development comes amidst a severe clampdown by the RGC on perceived dissenting voices including civil society, activists, the independent media and political opposition including through the recent dissolution of the major opposition party, the Cambodia National Rescue Party (CNRP), in what appeared to be a highly politicized Supreme Court proceeding, and the arrest and detention of its leader, Kem Sokha.

“This new, targeted focus on the Cambodian Center for Human Rights by the Government should make it clear that the human rights and rule of law crisis gripping Cambodia is not showing any signs of abating and requires the urgent attention of the international community,” said Abbott.

“All legal, political and economic options should be on the table,” he added.

Contact

Kingsley Abbott, Senior International Legal Adviser, ICJ Asia Pacific Regional Office, t: +66 94 470 1345, e: kingsley.abbott(a)icj.org

Background

CCHR was founded by Kem Sokha in 2002 before he left the organization in 2007 to pursue a career in politics.

Yesterday, CCHR released a statement “reaffirming its absolute non-partisanship and independence from all political parties” and emphasizing “strict independence” as a core value of its organization. CCHR also asserted in its statement that an “independent and impartial investigation would find no wrongdoing whatsoever on the part of the organization” and called for “meaningful dialogue” with the RGC.

Articles 19 and 22 of the International Covenant on Civil and Political Rights (ICCPR), to which Cambodia is a State Party, guarantees the rights of all persons to freedom of expression and opinion and to freedom of association with others.

The UN Declaration on Human Rights Defenders, adopted by a consensus of States at the UN General Assembly, including Cambodia, affirms the right of everyone to form and participate in NGOs to promote and protect human rights. The Declaration further dictates that states should take all necessary measures to protect human rights defenders from retaliation and other forms of arbitrary action as a consequence of their legitimate work.

On 18 October 2017, the ICJ released a report which found that the RGC was increasingly “weaponizing” the law to restrict dissent and attack democracy. The report recorded that the “single largest problem facing the Cambodian justice system is the lack of independent and impartial judges and prosecutors,” which includes “an endemic system of political interference in high-profile cases and an equally entrenched system of corruption in all others”.

On 23 October 2017, the 26th anniversary of the 1991 Paris Peace Conference on Cambodia, the ICJ, together with 54 other organizations, issued an open letter to the United Nations Secretary-General and the Conference’s co-chairs calling for the reconvening of the members of the Conference and other concerned stakeholders for an emergency summit to address the human rights crisis in the country.

2017 Martin Ennals Award for Human Rights Defenders goes to Egyptian activist Mohamed Zaree

2017 Martin Ennals Award for Human Rights Defenders goes to Egyptian activist Mohamed Zaree

Selected by a jury of 10 global human rights organizations, including the ICJ, Mohamed Zaree is a devoted human rights activist and legal scholar whose work focuses on human rights advocacy around freedom of expression and association.

Mohamed Zaree is also known for his role as the Egypt Country Director of the Cairo Institute for Human Rights Studies (CIHRS), which works throughout the Arabic speaking world.

He assumed this role after government pressure on CIHRS prompted them to relocate their headquarters to Tunis in 2014.

The Egyptian government has been escalating its pressure on the human rights movement.

Human rights NGOs and defenders are confronted with a growing wave of threats, harassment, and intimidation, legal and otherwise.

Despite this, Mohamed Zaree is leading CIHRS’ research, human rights education, and national advocacy initiatives in Egypt and is shaping the media debate on human rights issues.

During this critical period for civil society, he is also leading the Forum of Independent Egyptian Human Rights NGOs, a network aiming to unify human rights groups in advocacy.

Zaree’s initiatives have helped NGOs to develop common approaches to human rights issues in Egypt.

Within the context of the renewed crackdown on Egyptian human rights organizations, he has become a leading figure in Egypt’s human rights movement.

He is currently facing investigation under the “Foreign Funding Case” and is at high risk of prosecution and life imprisonment. The “Foreign Funding Case” highly restricts NGO activities.

Despite this, Mohammed Zaree continues to engage the authorities in dialogue wherever possible, arguing that respect for human rights will increase stability in Egypt.

He has been under a travel ban since May 2016 but remains present and active in Egypt and represents CIHRS inside the country.

“Mohamed Zaree is a leading voice for justice in Egypt. Honoring him with the Martin Ennals Award is a recognition of the courageous and tireless work done by Egyptian human rights defenders, individuals and NGOs, in their fight against all forms of intimidation, harassment and repression waged by the Egyptian military and government against them,” said Said Benarbia, Director of the ICJ Middle East and North Africa Programme.

FreeThe5KH (Cambodia) and Karla Avelar, the two other finalists, received Martin Ennals Prizes.

FreeThe5KH are five Human Rights Defenders who were recently released after 427 days of pre-trial detention.

They are awaiting trial and are banned from travel.

There were widespread international calls for their unconditional release, and a stop to judicial harassment of human rights defenders in Cambodia.

This comes in the context of an increasingly severe crackdown on civil society and the political opposition in Cambodia.

Karla Avelar, a transgender woman in El Salvador, founded the country’s first organization of transgender women – COMCAVIS TRANS.

She grew up on the streets, suffering discrimination, violence, sexual exploitation, rape, and attempted murder.

She works to change national legislation and the authorities’ practices, by publicizing violations suffered by LGBTI people.

Her advocacy helped prompt the authorities to segregate LGBTI prisoners for their own safety, and provide HIV treatment.

Background

The “Nobel Prize of Human Rights”, the Martin Ennals Award for Human Rights Defenders (MEA) is a unique collaboration among ten of the world’s leading human rights organizations to give protection to human rights defenders worldwide.

Strongly supported by the City of Geneva, the award is given to Human Rights Defenders who have shown deep commitment and face great personal risk.

Its aim is to provide protection through international recognition.

The Jury is composed of the following NGOs: ICJ, Amnesty International, Human Rights Watch, Human Rights First, Int’l Federation for Human Rights, World Organisation Against Torture, Front Line Defenders, EWDE Germany, International Service for Human Rights, and HURIDOCS.

Contact:

Michael Khambatta, Director, Martin Ennals Foundation, t: +41 79 474 8208, e: khambatta(a)martinennalsaward.org

Olivier van Bogaert, Director, ICJ Media and Communications, and ICJ Representative on the MEA Jury, t: +41 22 979 38 08, e: olivier.vanbogaert(a)icj.org

The Award will be presented by the United Nations Deputy High Commissioner for Human Rights at 18.15 on 10 October at the University of Geneva. The ceremony can be watched live on Martin Ennals Award Facebook page

Watch the movie on Mohammed Zaree

 

 

Cambodia: ICJ co-organizes workshop on the Universal Periodic Review of Cambodia

Cambodia: ICJ co-organizes workshop on the Universal Periodic Review of Cambodia

On 29 and 30 June, the ICJ co-organized a workshop for Cambodian civil society on the UPR.

The workshop was organized with the Cambodian Center for Human Rights, the Cambodia Country Office of the Office of the High Commissioner for Human Rights, UPR Info, and the Cambodian Human Rights Committee on the mid-point review of the Human Rights Council’s (HRC) Universal Review (UPR) of Cambodia.

The Royal Government of Cambodia (RGC) underwent its second UPR in January 2014.

The objectives of the workshop were to:

1. conduct a comprehensive mid-term assessment of the progress and challenges as of late June 2017 of the RGC’s implementation of those recommendations made during the second UPR cycle of Cambodia that the RGC had accepted with a view to informing advocacy around the September 2017 session of the HRC;

2. To take stock of the situation of UPR implementation to provide a basis for preparation of NGO shadow reports during the 3rd cycle of the UPR;

3. To discuss a specific set of UPR recommendations among relevant government bodies and civil society organizations in order to build relationships and raise awareness of the recommendations;

4. To advocate for the full implementation of the recommendations accepted during the second UPR cycle of Cambodia; and

5. To increase awareness of and demand among the Cambodian public for the implementation of the accepted UPR recommendations and to increase awareness of the HRC and UPR process.

Kingsley Abbott, Senior International Legal Adviser for Southeast Asia for the ICJ, moderated a panel discussion on “developing strategic advocacy plans​​ for monitoring the implementation of UPR recommendations” and delivered a presentation on “strategies to effectively implement recommendations and lessons learned from other countries” focusing on past UPR cycles of Thailand Lao PDR.

After a comprehensive review of the recommendations accepted by the RGC during the last UPR cycle it was determined that many of the recommendations had not been implemented.

Civil society agreed that it was important to further strengthen coordinated efforts to monitor and conduct advocacy around the UPR process, engage constructively with the RGC, and begin preparation for the third UPR cycle focusing on lessons learned from the last cycle and regional experiences.

Contact

Kingsley Abbott, ICJ Senior International Legal Adviser for Southeast Asia, t: +66 94 470 1345 ; e: kingsley.abbott(a)icj.org

Achievements and failures of the Human Rights Council session

Achievements and failures of the Human Rights Council session

The ICJ has joined other NGOs in highlighting some of the achievements and failures of the June 2017 session of the UN Human Rights Council in a statement at the end of the session.

The statement, delivered on behalf of the group of NGOs by the International Service for Human Rights (ISHR), read as follows:

At the close of this session, we welcome the commitment by many States from all regions to enhance the Council’s success and effectiveness, and the performance of Human Rights Council (HRC) members through a series of concrete actions. The steps outlined by the Netherlands, such as more competitive HRC elections and the application of objective human rights based criteria to determine whether and how to act on situations of concern, would go a long way in making the Council more accessible, effective, and protective.

The leadership shown by States in the development of joint statements on killings in the Philippines‘ so-called ‘war on drugs’ and threats against human rights defenders, and on the increasingly dire situation in the Maldives are examples of this. We regret the lack of such leadership on other States including China and Egypt.

Although we’d hoped for a more robust response on the Democratic Republic of the Congo (DRC) from the Council, the international team of experts brings hope of uncovering the truth about the horrific violence in the Kasai. The UN, this Council, and the DRC itself must now ensure unhindered access for and support to the team, for it to independently produce a robust and credible report, which will constitute a step towards accountability.

We congratulate Cote d’Ivoire for its six years of cooperation with the UN and the mandate of the Independent Expert. We urge the Council to continue to pay attention to the human rights situation, particularly in the context of recent mutinies, and to assist the country in the implementation of the Independent Expert’s recommendations, including by striving for A-status for its National Human Rights Institution (NHRI).

We also echo the joint call by several States urging you to create a publicly accessible register of alleged acts of intimidation and reprisals and to provide short oral updates on cases at the start of every Item 5 general debate giving States concerned the opportunity to respond.

We also welcome the joint statement of the core group on civil society space together with some NGOs, and its reaffirmation that the “substantive participation of civil society makes this Council’s debates and work, including the UPR, richer and more meaningful”.

Mr President,

We are pleased that both resolutions on discrimination and violence against women were adopted by consensus, and that adverse amendments designed to remove language on comprehensive sexuality education and women human rights defenders were defeated. We regret that the Russian Federation and others systematically seek to remove reference to human rights defenders in all resolutions at each session. Denial of the existence of defenders is absurd, given the long history of formal recognition of the concept by the Commission on Human Rights, Council and General Assembly.

We regret that the resolution on the “protection of the family” fails to fully recognise that older persons are individual rights holders entitled to self-determination and autonomy, and ignores a significant UN process, the General Assembly Open-Ended Working Group on Ageing. The resolution also fails to acknowledge that diverse forms of the family exist. The entire initiative is implicated in an effort to subvert the aims of our human rights system and the universality of rights.

In closing, Mr President, we are dismayed at the lack of progress in terms of ensuring the most effective participation of civil society, in accordance with established rules and practice of the Council. Although symbolic, the massive reduction of reserved NGO desk space in this room is illustrative of this.

We are concerned about the lack of formal engagement by you and your Bureau with civil society, the absence of visible steps to curb and respond to intimidation or reprisals, and the abusive interruptions of NGO statements, including in some instances by the chair. And we look forward to engaging with your office to reverse this trend.

Thank you.

Among the NGOs joining the statement were the following:

  • Amnesty International
  • CIVICUS
  • Human Rights Watch
  • International Commission of Jurists
  • International Lesbian, Gay, Bisexual, Trans and Intersex Association (ILGA)
  • International Longevity Center Global Alliance
  • International Platform Against Impunity
  • International Service for Human Rights

The joint statement may be downloaded in PDF here: UN-HRC35-EndSessionStatement-2017

* For additional information on ICJ priorities and activities at the session, see the following:

Refugees and migrants: the role of judges and lawyers

Business responsibility to protect human rights

Corporate impunity; legal protection of refugees and migrants

Discrimination against women in access to justice

Threats to independence of judges and lawyers; backsliding on violence against women

Ensuring women’s access to justice for gender based violence

Turkey: judicial independence and freedom of expression

Civil society space in the Human Rights Council

Call for strong action on Egypt at the Human Rights Council

Continuing lack of accountability for rendition and secret detention

“Protection of the Family”: concerns regarding the resolution

UN Human Rights Council adopts resolutions on independence of judges and lawyers

Civil Society Space in the Human Rights Council (UN statement)

Civil Society Space in the Human Rights Council (UN statement)

The ICJ today spoke on behalf of a number of NGOs, drawing the attention of the Human Rights Council to the fact that the Council is permitting civil society space to shrink within its own chamber.

The statement was as follows:

Mr President,

We thank States for their commitment to address the shrinking space for civil society.

We draw the Council’s attention to the fact that since 2013, the number of desks reserved for NGOs in room XX for Human Rights Council sessions has been reduced from 24 to 2, leaving only the two speaking seats we are now sitting in.

This has been drawn to the attention of successive Presidents of the Council but the space has continued to shrink.

We invite all delegations to reflect on the impression this gives to civil society, not to mention States and other international actors, about the Council’s commitment to addressing shrinking civil society space.

I thank you Mr President.

The statement was delivered by the ICJ on behalf of the following NGOs:

  • Article 19
  • Asian Forum for Human Rights and Development (Forum-Asia)
  • Bahá’í International Community
  • CIVICUS – World Alliance for Citizen Participation
  • DefendDefenders (the East and Horn of Africa Human Rights Defenders Project)
  • FIAN International
  • Franciscans International
  • International Bar Association
  • International Commission of Jurists (ICJ)
  • International Federation for Human Rights Leagues (FIDH)
  • International Lesbian and Gay Association (ILGA)
  • the International Movement against All forms of Discrimination and Racism (IMADR)
  • International Platform Against Impunity
  • International Service for Human Rights (ISHR)
  • Minority Rights Group International
  • Peace Brigades International (PBI)
  • Universal Rights Group (URG)
  • Women’s International League for Peace and Freedom (WILPF).

The statement can be downloaded in PDF format here: HRC35-OralStatement-GDItem3-CivilSocietySpace-2017

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