Aug 13, 2013 | News
The ICJ today called on the Nepalese Government to release the body of Tibetan Monk Karma Nyidon Gyasto to the Tibetan community to carry out his last rites in accordance with Nepal’s laws and international obligations.
“We are deeply concerned about this rejection of Nepal’s laws and its international obligations,” said Asia Director Sam Zarifi.
On 5 August 2013, a Tibetan refugee, Karma Nyidon Gyasto self-immolated at the Boudha Stupa, in Kathmandu. He was taken to Tribhuvan University Teaching Hospital, where he was later declared dead. His body is apparently being held in the hospital’s mortuary.
On 12 August 2013, the Tibetan Refugee Welfare Office, registered an application to the Office of the Chief District Officer in Kathmandu to perform funeral rites. The Tibetan Refugee Welfare Office is acting on behalf of Gyatso given the lack of clear legal status of the resident Tibetan refugee community.
This is the second protest by self-immolation in Nepal. The first was in February 2013. In that case the government refused to hand over the body for funeral rites.
The refusal to hand over the body contravenes Nepal’s national laws.
The Interim Constitution, under Article 23 guarantees the right to religion, including the right to practice and perform religious rites.
Furthermore Article 17 provides that every community in Nepal has the right to preserve and promote its culture.
The action also contravenes Nepal’s international obligations.
Article 18 of the International Covenant on Civil and Political Rights (ICCPR) provides for the right to a religion or belief of his choice, and freedom, either individually or in community with others and in public or private, to manifest his religion or belief in worship, observance, practice and teaching.
Furthermore, General Comment No 22 on Article 18 of the ICCPR states that this right includes ritual and ceremonial acts.
Under the Covenant, the Government of Nepal is obliged to respect and ensure the religious and cultural rights of the Tibetan refugee community, who have a legitimate right to receive the body and hold a funeral according to their religion and culture.
CONTACT:
Sam Zarifi, ICJ Asia-Pacific Director, (Bangkok), t: +66 807819002; email: sam.zarifi(a)icj.org
Nov 13, 2012 | News, Publications, Reports
A new ICJ report shows that the constitutional reform process in Egypt has failed to meet international principles of inclusive participation and transparency, thereby undermining the transition to democracy.
“The Egyptian authorities, including the Constituent Assembly, have failed so far to meet the aspirations of the Egyptian people to adopt a Constitution that establishes the rule of law, recognizes and protects universally accepted human rights without restriction, guarantees the independence of the judiciary in all circumstances, and ensures the effectiveness of democratic institutions,” said Wilder Tayler, ICJ Secretary General.
The ICJ is calling upon the Egyptian authorities to address the challenges currently facing the constitutional reform process, as a matter of urgency; ensure that this process is in full compliance with international standards of inclusive participation and transparency; and guarantee that the new Constitution fully conforms with the rule of law and international law, including human rights standards.
The ICJ report Egypt’s new Constitution: a flawed process; uncertain outcomes details how, in overseeing the process leading to the adoption of a new Constitution, the Supreme Council of Armed Forces (SCAF) failed to ensure the rights of Egyptians to take part in public affairs and to meaningfully participate in the drafting and adoption of a new Constitution.
“Instead of paving the way for a clear and participatory reform process, the SCAF consistently opted for opaque, rushed and non-consensual policies that aimed to shield the armed forces from any form of accountability and that have severely undermined both the legitimacy of the process itself and its outcomes,” Tayler added.
Even though the administration of President Morsi replaced the SCAF on 30 June 2012, the constitution-making process continues to be carried out under the legal framework enacted by the SCAF.
The report also describes how several judicial decisions, in particular the dissolution of the first Constituent Assembly, by a decision from the High Administrative Court, and the dissolution of the People’s Assembly, following a decision by the Supreme Constitutional Court, have contributed to the confusion and uncertainty regarding the drafting of a new constitution.
As a result of this confused process, the draft of the new Constitution, published by the Constituent Assembly on 14 October 2012, has failed to provide for effective guarantees to reinforce the protection of human rights and the supremacy of the rule of law, including by ensuring that the powers of the State are not exercised arbitrarily.
“The draft Constitution does not sufficiently incorporate the rule of law and international law, including human rights standards. This is particularly evident as regards the accountability of the armed forces and their subordination to a legally constituted civilian authority, the content and scope of constitutional human rights, and the compliance of the whole judicial system, including the Office of the Public Prosecutor and the Constitutional Court, with international standards of independence, impartiality and accountability,” said Said Benarbia, ICJ Senior Legal Adviser for the MENA programme.
The report sets out urgent institutional and legal reforms that, together with sufficient political will, may help ensure a clean break with the practices and policies of Mubarak’s regime and the transition to a genuine democracy in Egypt.
Contact:
Saïd Benarbia, Middle East & North Africa Senior Legal Adviser, ICJ, t +41 22 979 3817; e-mail: said.benarbia(at)icj.org
Alice Goodenough, Middle East & North Africa Legal Adviser, ICJ, t +41 22 979 3811; e-mail: alice.goodenough(at)icj.org
Egypt-Flawed constitutional reform process-report-2012
Photo by Reuters
Sep 16, 2011 | News
The ICJ ended its six-day High-Level Mission to Pakistan today after studying the role of the judiciary and the separation of powers.
The High-Level Mission, consisting of Judge Stefan Trechsel (Chair) and Graham Leung, visited Lahore, Karachi and Islamabad between September 7-8 and September 12-15, 2011. The Mission was a follow up to an earlier ICJ Mission which took place in 2007during the height of the constitutional crisis that was occurring at the time.
Pakistan-independence of the judiciary since the lawyers`movement-web story-2011 (full text, PDF)
