Sep 23, 2015 | Advocacy, Non-legal submissions
The ICJ has joined other NGOs in calling on the UN Human Rights Council and states to take more effective measures to prevent and respond to reprisals against human rights defenders and others who cooperate with the United Nations.
The full statement, which was delivered by the International Service for Human Rights (ISHR) during the Human Rights Council session in Geneva, may be downloaded in PDF format:
UN-HRC30-JointOralStatementReprisals-Advocacy-Nonlegal submissions-2015-ENG
Sep 15, 2015 | News
Ten human rights groups, including the ICJ, represented in the Jury, today called on the United Arab Emirates authorities to lift the travel ban imposed on Ahmed Mansoor, one of the three human rights defenders nominated for the 2015 Award, and to issue him a passport.
Widely respected as one of the few voices within the United Arab Emirates (UAE) to provide a credible independent assessment of human rights developments in the country, Ahmed Mansoor regularly raises concerns regarding arbitrary detention, torture or degrading treatment, and failure to meet international standards of fair trial.
He also draws attention to other human rights abuses, including against migrant workers.
As a result, Ahmed Mansoor has faced repeated intimidation, harassment, and death threats from the UAE authorities or their supporters, including arrest and imprisonment in 2011 following an unfair trial.
He and four other activists who called for democratic rights in the UAE were jailed in 2011 on the charge of “insulting officials”.
Although pardoned and released later that year, Ahmed Mansoor has been banned from travel and had his passport confiscated.
As a result of his courageous work, Ahmed Mansoor was selected as one of the three finalists of the Martin Ennals Award who will be recognized at a ceremony hosted by the city of Geneva on October 6th.
The Award is usually handed out by the United Nations High Commissioner for Human Rights.
As matters stand, however, Ahmed Mansoor will be prevented from attending the ceremony because the UAE authorities have arbitrarily imposed a travel ban on him and have refused to return his passport.
Both the travel ban and the confiscation of his passport violate Ahmed Mansoor’s right under international human rights law to freedom of movement, as these measures were taken to punish him for his peaceful human rights activism.
The Martin Ennals Award Jury today noted with concern : “Ahmed Mansoor’s absence at the ceremony would mark a very disappointing position for the UAE, which is a country that prides itself as one of the hubs of international business and tourism in the Middle East, as well a safe haven in the region. As a member of the UN Human Rights Council, which is running for a second term, we expect the UAE authorities to honour their obligations to uphold human rights and protect human rights defenders. The UAE government must match its rhetoric on the international stage with meaningful actions at home, starting with immediately lifting the travel ban on Ahmed Mansoor, to returning and renewing his passport, and allowing him to travel to Geneva for the ceremony.”
Ahmed Mansoor is a member of the Advisory Committee of Human Rights Watch’s Middle East and North Africa Division, as well as the Advisory Board of the Gulf Centre for Human Rights.
The following organizations are represented in the Martin Ennals Award Jury: International Commission of Jurists, Amnesty International, FIDH, Human Rights First, HURIDOCS, International Service for Human Rights, EWDE Germany, Front Line Defenders, Human Rights Watch, World Organisation Against Torture.
Contact:
Michael Khambatta, Director, Martin Ennals Foundation, t +41 79 474 8208 ; e: khambatta(a)martinennalsaward.org
UAE-MEA Jury Joint Statement Ahmed Mansoor-News-Press releases-2015-ARA (full text of press release in ARABIC, pdf)
Sep 14, 2015 | News
The ICJ expressed disappointment over the decision made today by the Malaysian Federal Court to refer human rights defender Lena Hendry for trial, after dismissing the constitutional challenge on section 6(1)(b) of the Film Censorship Act 2002.
The ICJ said this provision is being applied in a manner inconsistent with the right to freedom of expression, which includes the right to seek and impart information of all kinds.
“The decision by the Federal Court is incompatible with the commitment to the rule of law and respect for human rights which was expressed by Malaysia during its last Universal Periodic Review at the UN Human Rights Council in 2013,” said Sam Zarifi, ICJ’s Regional Director for Asia and the Pacific.
“Lena Hendry is clearly a human rights defender and Malaysia has the special duty not only to respect her right to freedom of expression, but to protect her exercise of this right through the exposure of human rights violations in Sri Lanka,” he added.
The constitutional challenge was brought by the lawyers of Lena Hendry who was charged under section 6(1)(b) of the Film Censorship Act 2002 for screening the film “No Fire Zone: the Killing Fields of Sri Lanka” on 3 July 2013.
Authorities allege that she violated section 6(1)(b) of the law for showing a film that had not been approved by the Board of Censors.
The lawyers of Lena Hendry are now preparing for the trial before the Magistrate’s Court.
The ICJ calls on the Government of Malaysia to drop all charges against Lena Hendry and to undertake steps to make its laws consistent with the country’s obligations and commitments under international law.
Background:
Section 6(1)(b) of the Film Censorship Act 2002 states that “No person shall circulate, exhibit, distribute, display, manufacture, produce, sell, or hire any film or film publicity material, which has not been approved by the Board [of Censors].”
On 14 September 2015, the Federal Court of Malaysia dismissed the constitutional challenge on Section 6(1)(b) of the Film Censorship Act 2002. The question posed to the Federal Court was: “Whether section 6(1)(b) of the Film Censorship Act 2002 read together with section 6(2)(a) violates Article 10 read together with Article 8(1) of the Federal Constitution and therefore should be struck down and void for unconstitutionality.”
The Federal Court answered the question in the negative and ordered that the case be sent back to the High Court. The High Court, in turn, will transfer the matter back to the Magistrate’s court for trial. The Magistrate’s Court is where the matter initially originated.
If convicted, under section 6(2)(a) Lena Hendry could be fined up to RM30,000 (approximately US$6,900) and/or sentenced to up to three years imprisonment.
The right to freedom of expression is guaranteed in the Federal Constitution of Malaysia under Section 10(1)(a), which states that “every citizen has the right to freedom of speech and expression.”
The Universal Declaration of Human Rights and the UN Declaration on Human Rights Defenders also affirm the duty of all states to respect and facilitate freedom of expression, particularly as regards information or opinions about human rights.
Contact:
Emerlynne Gil, Senior International Legal Adviser of ICJ for Southeast Asia, t: +66 840923575 ; e: emerlynne.gil(a)icj.org
Sep 14, 2015 | Advocacy, Non-legal submissions
In advance of the UN Human Rights Council’s adoption of the outcome of its review of the Maldives’ human rights record as part of the Universal Periodic Review (UPR) process, the ICJ has submitted a written statement.
It highlights the Maldives’ failure to accept and implement a number of member states’ UPR recommendations.
In particular, the ICJ pointed out the urgent need for Maldives to accept and implement recommendations regarding the following issues, among others:
- Strengthening the independence and impartiality of the judiciary;
- Strengthening the independence and impartiality of the Judicial Service Commission;
- Strengthening the National Human Rights Commission, in accordance with the Paris Principles;
- Strengthening women’s representation in the judicial profession;
- Immediately releasing former president Mohamed Nasheed and other political prisoners, and ensuring the fairness of any further legal proceedings in such cases; and
- Safeguarding freedom of expression and media, association and peaceful assembly by investigating cases of human rights abuse and violations against journalists, civil society and human rights defenders, and taking effective measures to prevent further abuses
The Council will consider member states’ UPR recommendations for the Maldives during its 30th session on 24 September 2015, ahead of which the Maldives government will be expected to formally respond and indicate which of the recommendations it will commit to implement.
Aug 3, 2015 | News
The ICJ is urging the Pakistani Government to immediately release, and drop all charges against, dozens of people arrested on 26 and 30 July in the context of a peaceful protest against forced evictions in Islamabad.
“This is yet another illustration of the Government using Pakistan’s counter-terrorism laws against peaceful protesters to clamp down on dissent,” said Sam Zarifi, ICJ’s Director for Asia and the Pacific.
“Peaceful protest is not an act of terrorism but a fundamental human right recognized by the Constitution as well as international human rights treaties that Pakistan is a party to,” he added.
The protest, forcibly dispersed by the police, was organized against the demolition of houses and the forceful eviction of over 8000 people residing in a slum in the city.
The Government alleges the slum is illegal and all residents are encroachers; the inhabitants claim that under Pakistani law, all informal settlements must either be formalized or the inhabitants must be provided alternate housing.
At least 66 individuals arrested were booked under Section 7 of the Anti-Terrorism Act, 1997 (ATA) for “obstructing the authorities”, “demonstrating force with a view to terrorizing citizens” and “creating mischief”.
Following a court order, they have been placed in police remand (custody of the police) for interrogation, where they may be at imminent risk of torture and other ill-treatment.
An anti-terrorism court released four of the detainees today. The rest, however, remain in police custody, and according to reports received by ICJ, many of them are being denied access to families and friends.
“The risk of abuse is inherent in the Anti-Terrorism Act, which defines terrorism in vague and overbroad terms. The Government must urgently amend the ATA to ensure it meets the internationally recognized tests of necessity, legality and proportionality,” Zarifi said.
Pakistan has a long history of using the ATA against political activists and human rights defenders.
In 2014, a dozen political activists, including Baba Jan, a prominent human rights defender from Hunza, were sentenced to life imprisonment by an anti-terrorism court for protesting against the government’s failure to assist victims of a landslide.
Before that, six power loom workers from Faisalabad were arrested in the context of a protest demanding minimum wage. In 2011, they were sentenced to 81 years in prison each under the ATA.
The International Covenant on Economic, Social and Cultural Rights, which Pakistan ratified in 2008, obligates States to recognize the right to an adequate standard of living, which includes housing.
The Human Rights Commission of Pakistan too has reminded the Government of its duty to provide shelter to the people of Pakistan and make arrangements to provide alternate housing to inhabitants of informal settlements.
“Forcibly evicting people from their homes without providing them any alternate housing can in itself be a human rights violation. Arresting peaceful protesters and denying their right to a fair trial even further adds to the culpability of the authorities,” Zarifi added.
Contact:
Sam Zarifi, ICJ Asia Pacific Regional Director (Bangkok), t: +66 807819002; email: sam.zarifi(a)icj.org
Reema Omer, ICJ International Legal Advisor, South Asia (London), t: +447889565691; email: reema.omer(a)icj.org
Additional Information:
Under Article 11(1) of the International Covenant on Economic, Social and Cultural Rights (ICESCR), which Pakistan ratified in 2008, States Parties recognize the right of everyone to an adequate standard of living, including adequate food, clothing and housing, and to the continuous improvement of living conditions.
States Parties are to take appropriate steps to ensure the realization of this right, recognizing to this effect the essential importance of international co-operation based on free consent.
The right to peaceful assembly is guaranteed under international human rights law, including Article 21 of the International Covenant on Civil and Political Rights (ICCPR), which Pakistan ratified in 2010 and is legally obligated to implement.
The UN Declaration on Human Rights Defenders also reiterates that everyone has the right to participate in peaceful activities against violations of human rights and fundamental freedoms, and obligates the State to take necessary measures to ensure the protection by the competent authorities of peaceful protestors against “any violence, threats, retaliation, de facto or de jure adverse discrimination, pressure or any other arbitrary action as a consequence of his or her legitimate exercise of the rights”.
Photo by Geo News
