Jul 14, 2015 | Advocacy, Non-legal submissions
Today, the ICJ delivered an oral statement before the Human Rights Committee during a half a day of general discussion in view of the Committee’s ongoing elaboration of a new General Comment on Article 6 (Right to Life) of the International Covenant on Civil and Political Rights.
The ICJ’s oral statement focussed on the following:
- the principles of equality before the law, equal protection of the law and non-discrimination, as well as non-refoulment;
- State Parties’ duty to protect the right to life in respect of conduct of private actors;
- State Parties’ duty to take measures to protect and ensure the right to life in connection with acts of gender-based violence against women and violence against individuals based on their real or imputed sexual orientation and/or gender identity or expression;
- the relationship between the right to life and certain economic, social and cultural rights;
- the extraterritorial reach of the Covenant; and
- the application of Article 6 during situations of armed conflict.
Universal-ICJ oral statement HALF DAY GENERAL DISCUSSION ON GC-Advocacy-2015-ENG (full text in PDF)
Jun 26, 2015 | News
On 24 and 25 June 2015, the ICJ and the Law Society of Zimbabwe (LSZ) organized a 2 day workshop at the A’Zambezi River Lodge in Victoria Falls, on Economic Social and Cultural (ESC) Rights.
It brought together legal practitioners and NGO representatives involved in the protection of economic, social and cultural rights.
The main objective of the workshop was to share knowledge on international and national standards for the guarantee and protection of ESC Rights.
The meeting also sort to consult practitioners on and validate the new ICJ guide on ESC Rights litigation in Zimbabwe.
The Guide on ESC rights seeks to give greater effect to the rights enshrined in the Constitution.
The 2013 Constitution contains a comprehensive bill of rights including ESC rights.
The Constitution includes important provisions and arrangements for the guarantee of accessible and effective remedies including judicial remedies for rights-holders whose rights are violated.
In adopting this new Constitution, Zimbabwe has joined the increasing group of States that have equipped themselves with a domestic law that guarantees and protects all human rights.
This integrates and converges with international human rights law, in respect of which there has been remarkable progress in recognizing the need for specific protection of various categories of rights-holders such as women, children or persons with disabilities.
Judges in domestic courts have a vital role to play in enforcing and interpreting national laws in compliance with the international human rights standards and obligations to which the State has committed.
Judges and lawyers will need enhanced knowledge of this framework and will benefit from comparative experiences in using it.
The guide seeks to respond to this context and these needs. It is this imperative that has also led to ICJ organizing this workshop.
Jun 8, 2015 | News
While the constitution of Pakistan’s first National Commission for Human Rights is welcome, the Commission risks being toothless unless its powers are extended to investigate human rights violations allegedly committed by the security agencies, the ICJ warned today.
The ICJ was informed that members of the National Commission for Human Rights were notified on 20 May 2015, three years after the National Commission for Human Rights Act was passed in June 2012.
“The establishment of a national human rights commission is a much-needed step for the promotion and protection of human rights in Pakistan,” said Sam Zarifi, ICJ’s Asia Director. “But for the new Commission to be able to assist the people of Pakistan, who face tremendous violations of their rights in terms of civil, political, social, economic, and cultural rights, it must be able to address the conduct of the country’s powerful military and security agencies.”
Under the National Commission for Human Rights Act, the Commission’s powers include investigating human rights violations, suo motu or on petition; visiting detention centers to ascertain the legality of the detention of detainees and ensure detainees are treated according to law; reviewing and suggesting amendments to Pakistan’s constitutional and legal framework on human rights; making recommendations for the effective implementation of international human rights treaties; and developing a national plan of action for the promotion and protection of human rights.
The law provides that while inquiring into complaints under the Act, the Commission shall have all powers of a civil court, including summoning and ensuring attendance of witnesses, receiving evidence on affidavits; and discovery and production of documents.
However, the Commission’s mandate is very limited where the armed forces or security agencies are accused of committing human rights violations, the ICJ says.
The law specifically states that “the functions of the Commission do not include inquiring into the act or practice of the intelligence agencies”.
Where the armed forces are accused of human rights violations, the Commission is only authorized to seek a report from the Government and make recommendations.
“The Commission’s restricted mandate over the armed forces, and especially the intelligence agencies, is of grave concern given that Pakistan’s military and intelligence services are accused of perpetrating gross human rights violations, including enforced disappearances, extrajudicial killings, and torture and ill-treatment,” Zarifi said. “A human rights commission that does not have jurisdiction over abuses by these actors risks being toothless and ineffective – and worst, a cover for continuing government inaction in response to these violations.”
“With these exceptions in place, it seems questionable that the Commission will get accreditation by the International Coordinating Committee of NHRIs, which is a requirement for a National Human Rights Institution to be recognized internationally,” he added. “The Pakistani government should ensure that the Commission complies with international standards so it can help protect and promote the rights of all people in Pakistan.”
Additional Information:
Justice (r) Ali Nawaz Chohan was appointed as the Chairperson of the Commission. Other members include one representative from each province; one representative each from the Islamabad Capital Territory and the Federally Administered Tribal Areas; the Chairperson of the National Commission on the Status of Women; and a member belonging from a religious minority community.
The UN Principles relating to the Status of National Institutions (Paris Principles) provide the minimum standards required by national human rights institutions to be considered credible and effective, and get accreditation by the International Coordinating Committee of NHRIs. Section 3 (a) (ii) of the Paris Principles states that a NHRI should have the power to hear a matter without higher referral over “any situation of violation of human rights which it decides to take up”.
Section 4 of the National Commission on Human Rights Act, 2012, provides the following procedure for appointment of members of the Commission: the Federal Government invites nominations for commissioners through public notice; the Prime Minister and Leader of the Opposition scrutinize the nominations; and the Prime Minister and Leader of the Opposition forward three names for each member of the commission to a parliamentary committee for confirmation. The law provides that the parliamentary committee would comprise of two members of the National Assembly (lower house) and two members of the Senate (upper house) –with two members each from the government and two from the opposition.
Contact:
Sam Zarifi, ICJ Asia Pacific Regional Director (Bangkok), t: +66 807819002; e: sam.zarifi(a)icj.org
Reema Omer, ICJ International Legal Adviser for South Asia (London), t: +44 7889565691; e: reema.omer(a)icj.org
May 4, 2015 | Advocacy, Non-legal submissions
The ICJ welcomes the opportunity offered by the UN Committee on Economic, Social and Cultural Rights to contribute to its current work on the right to just and favourable conditions of work.
Like other UN treaty bodies, the Committee elaborates general comments to interpret the treaty it is in charge of monitoring and to provide guidance on how to implement the provisions and thus comply with the obligations under this treaty.
Currently, the Committee is consulting relevant actors on its further general comment on article 7 of the international Covenant on Economic, Social and Cultural Rights.
This article guarantees a number of rights to individuals at work, including regarding remuneration and occupational health.
The ICJ is particularly pleased to be given the possibility to share its international and country-based experience on the very topical issues covered by article 7.
In addition to its written submission (read below), the organization will actively participate in the further consultation that will take place during the Committee’s next session in June.
Universal-CESCR Draft General Comment Article 7-Advocacy-Non legal submission-2015-ENG (full text in PDF)
Apr 20, 2015 | News
The ICJ and the Zimbabwe Law Students Association (ZILSA) held a symposium on economic, social and cultural rights (ESC rights) on 17 April 2015 at Rainbow Towers Hotel, Harare.
A total of 84 people attended the symposium, 77 being students from the University of Zimbabwe.
The presenters at the symposium were Deputy Chief Justice L. Malaba, Dr V. Guni, Mr. D. Chimbga, Ms R. Rufu and Mr. J Mavedzenge.
Economic, social and cultural rights are a new phenomenon in Zimbabwe’s human rights discourse as they have been introduced into Zimbabwe’s Declaration of rights by the new Constitution of Zimbabwe (Constitution of Zimbabwe Amendment (No.20) Act 2013).
Zimbabwean jurisprudence on ESC rights is therefore still developing.
As a consequence, the notion of the justiciability of ESC rights is one that still requires nurturing if greater protection of these rights is to be achieved.
It was this background that motivated the ICJ and ZILSA to hold this symposium on ESC rights.
The symposium forms part of a broader initiative by the ICJ to ensure ESC rights awareness, education and litigation in Zimbabwe.
Through this symposium, the ICJ and ZILSA sought to provide a platform for law students to engage in an academic discussion on the scope, meaning and enforcement of the ESC rights.
The symposium discussions were meant to increase the students’ knowledge and understanding of ESC rights.
The topics presented at the symposium focused on the historical development and significance of ESC rights, litigation and justiciability of ESC rights under the new constitution and international best practices in the implementation of ESC rights.
The key note address was made by Deputy Chief Justice Malaba, under the topic, “Defining the Role of the Judiciary in the Enforcement of ESC Rights in Zimbabwe”.
The focus of his presentation was how the Zimbabwean judiciary has developed jurisprudence around ESC rights and in particular the approach of the Constitutional Court to the issue of “progressive realization” of ESC rights.
Commenting, after the symposium, Herbert Muromba a 4th year law student and President of ZILSA said: “The Deputy Chief Justice has transformed my understanding of ESC rights. The whole concept is no longer abstract but real, alive and relevant in my everyday life.”
Contact:
Arnold Tsunga, ICJ Regional Director for Africa, t: +27 73 131 8411, e: arnold.tsunga(a)icj.org
