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Cambodia: ICJ submission to the Universal Periodic Review (UPR) of Cambodia

Jul 12, 2018 | Advocacy, Non-legal submissions

Today, the ICJ filed a submission to the Human Rights Council’s Working Group on the Universal Periodic Review in advance of its review of Cambodia’s human rights record in January/February 2019.

In its submission, the ICJ expressed concern about the following issues:
(1) Misuse of the law under the false pretext of the ‘rule of law’; and

(2) Lack of an independent and impartial judiciary.

The ICJ further called upon the Human Rights Council and the Working Group on the Universal Periodic Review to recommend to the Cambodian authorities to:

(i) Repeal or amend domestic laws to bring them in line with Cambodia’s international human rights obligations;

(ii) Repeal or amend domestic laws to ensure the independence of the judiciary and remove excessive powers granted to members of the Executive branch;

(iii) Abolish government-issued regulations or directives that contravene human rights protected under international human rights law;

(iv) Halt efforts to bring into force legislation drafted with the purpose of – or in any event –violating rights protected under international human rights law;

(v) End the prosecution of individuals on so-called lèse-majesté charges under the Cambodian Criminal Code and release individuals detained in connection with them;

(vi) End all use of legislation as a tool of harassment, intimidation or silencing of members of the political opposition, civil society, critical media, lawyers, prosecutors, judges and/or individuals;

(vii) Release all prisoners currently imprisoned or detained on politically motivated charges;

(viii) Uphold the right to fair trial of all persons, including of detained persons;

(ix) Take necessary measures to hold to account perpetrators of harassment, intimidation and violence against members of the political opposition, civil society, critical media, lawyers, prosecutors, judges and/or individuals for the legitimate exercise of their fundamental freedoms;

(x) Take necessary measures, in law and in practice, to guard against legal harassment of lawyers, prosecutors and judges on the basis of the political affiliations or agendas of their clients.

Contact

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

Full submission in English (PDF) : Cambodia-UPR-Advocacy-Non legal-submission-July-2018-ENG

US withdrawal from UN Human Rights Council symptom of deeper crisis

Jun 20, 2018 | News

The Trump administration’s broader rejection of multilateralism and rule of law, its actual practices, and paralysis of other States, are the real issues, says the ICJ.

On the evening of 19 June, the United States of America announced it was formally abandoning its membership of the UN Human Rights Council.

“The withdrawal of the United States from the United Nations Human Rights Council is symptomatic of its broader rejection of multilateralism and rule of law, and how it acts in practice, both at home and abroad,” said ICJ Secretary General Sam Zarifi in reaction.

The inhuman caging of thousands of migrant and refugee children, and turning a blind eye to the grave human rights violations in North Korea, are but two recent and glaring examples, along with a recent highly critical report by the UN Special Rapporteur on extreme poverty and human rights, Philip Alston, following his visit to the US last year.

Even more concerning, the US retreat comes at the same time as openly racist and nationalist authoritarianism rises across Europe. Even where they are not immediately succeeding in coming to power, such movements are slowly paralyzing Europe at exactly the time its moderating or progressive influence on world affairs in general, and human rights in particular, is most needed.

The US in fact is cooperating in New York with the very same countries it publicly condemns, to cut the funding and mandate for the day-to-day human rights work of the UN – whether through the Office of the High Commissioner for Human Rights, the Secretary General’s Rights up Front Initiative, or UN country offices. And many many other countries are complicit in that exercise by their silence.

With moves by other powerful States to seize and dilute the UN’s human rights machinery, it has never been more important for other States sincerely committed to defending human rights and the rule of law to step into the empty seats the US is leaving behind.

Pakistan: election to UN rights body spotlights failings

Oct 16, 2017 | Advocacy

The ICJ, Amnesty International and Human Rights Watch are urging Pakistan to take immediate steps towards meeting “the highest standards in the promotion and protection of human rights,” following the country’s election to the Human Rights Council.

Today, the UN General Assembly selected 15 states to serve as members of the UN Human Rights Council from January 2018 to December 2020.

From the Asia-Pacific region, Nepal, Qatar, Afghanistan and Pakistan were selected out of five candidates.

To secure the UN Human Rights Council membership, Pakistan pledged its commitment to the promotion and protection of human rights.

However, the pledge failed to address directly many of the most serious human rights issues facing Pakistan, including enforced disappearances, the use of the death penalty, blasphemy laws, the country’s use of military courts, women’s rights including the right to education, and threats to the work of human rights defenders, lawyers and journalists.

According to UN General Assembly Resolution 60/251, “members elected to the Council shall uphold the highest standards in the promotion and protection of human rights.” The Resolution also provides that, “when electing members of the Council, Member States shall take into account the contribution of candidates to the promotion and protection of human rights and their voluntary pledges and commitments made thereto.”

Pakistan’s abuses have been highlighted by various national and international human rights organizations, UN treaty-monitoring bodies, and special procedures of the UN Human Rights Council.

Pakistan has affirmed in its election pledge that it is “firmly resolved to uphold, promote and safeguard universal human rights and fundamental freedoms for all.”

Given the pressing human rights issues in the country, the ICJ, Amnesty International, and Human Rights Watch urge Pakistan to take the necessary action to fulfill these responsibilities.

Contact

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

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

Download
The full statement with additional information: Pakistan-ElectiontoHRC-Advocacy-2017-ENG (in PDF)

Burundi: renew UN inquiry, initiate suspension from Human Rights Council

Sep 19, 2017 | Advocacy, Non-legal submissions

The ICJ today joined other civil society organisations in calling for the UN Human Rights Council to renew the mandate of the Commission of Inquiry on Burundi and to initiate suspension of Burundi’s membership in the Council, and other measures of justice and accountability.

The call came in an open letter to all Member and Observer States of the Human Rights Council.

The letter in English: HRC36-OpenLetter-Burundi-2017-EN

Achievements and failures of the Human Rights Council session

Jun 23, 2017 | Advocacy, Non-legal submissions

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: