NGOs Submission Ahead of the Third Biennial Report of the UN Secretary-General on the status of the human rights treaty body system

NGOs Submission Ahead of the Third Biennial Report of the UN Secretary-General on the status of the human rights treaty body system

Ahead of the 2020 review of the human rights treaty body system, the ICJ, together with a number of NGO partners, have made a joint submission to the UN Secretary-General ahead of his third and last biennial report to the UN General Assembly later this year on the status of the human rights treaty body system and the progress achieved in realising greater efficiency and effectiveness in the work of the treaty bodies. 
The joint NGO submission focuses on: 
  • the objectives and principles for the 2020 review;
  • visibility and accessibility;
  • membership;
  • working methods and inter-committee coordination; and
  • the growth of the treaty body system and adequate funding.
The full submission is available here.
Sri Lanka: Government must act to protect religious minorities against violence

Sri Lanka: Government must act to protect religious minorities against violence

The ICJ today condemned a series of the acts of violence directed against the Muslim community in the aftermath of the Easter attacks on 21 April in Sri Lanka directed at churches and other places.

In the most recent attacks on 13 May, at least one person was killed in anti-Muslim mob violence in Nattandiya.  In addition, various attacks have resulted in the looting and destruction of mosques, Muslim-owned businesses and houses in several parts of the island including Negombo, Chilaw, Kurunegala and Gampaha.

The ICJ called upon the State authorities to conduct independent, impartial and effective investigations into the attacks and bring all perpetrators to justice in line with international standards. Furthermore, the ICJ urges the Government of Sri Lanka to send a clear public message that acts of violence against any religious minorities are not tolerated.

 

“Attacks perpetrated against religious minorities are more likely to occur in a climate of impunity” said Fredrick Rawski, ICJ’s Regional Director for Asia and the Pacific. “The fact that Sri Lanka has a history of serious violations of human rights of religious minorities makes it even more urgent that the Government act to safeguard the human rights of all persons and take immediate measures to protect members of religious minorities from further violence.”

 

Delayed action or inaction on the part of law enforcement authorities during and in the immediate aftermath of the attacks has further exacerbated the situation. Given the recurring patterns of mob violence against religious minorities in Sri Lanka, a handful of arrests will not suffice. It must be followed up by independent and impartial investigations and, where warranted, prosecutions as part of an effective preventive strategy to counter such collectively organized violence.

Under international human rights law, including the International Covenant on Civil and Political Rights, to which Sri Lanka is a party, States have a duty to protect freedom of religion, which includes persons from religious minorities against abuses committed against them by any person or group.

The Government of Sri Lanka must take appropriate security measures in response to the worst terror attack in recent years. However, it must ensure that the volatile situation is not made worse by inaction to prevent anti-Muslim violence and vigilantism. Moreover, the State must ensure that any counter-terrorism measure is adopted and implemented in line with its international human rights law obligations and does not explicitly or implicitly target a particular community.

Tunisia: Statement from the organisations of the Coalition of transitional justice

Tunisia: Statement from the organisations of the Coalition of transitional justice

The statement alerts the public of the danger of a bill which dismantles the specialized criminal chambers in Tunisia and replaces them with an institution which would guarantee impunity for those who committed gross violations of human rights in Tunisia between 1955 and 2013.

The statement has been signed by the ICJ as well as other members of the Coalition for Transitional Justice

The statement can be downloaded here:

Link to French Version

Link to Arabic Version

Tunisie: proposition de loi dangereuse pour la justice transitionnelle

Tunisie: proposition de loi dangereuse pour la justice transitionnelle

Le communiqué alerte l’opinion publique sur le danger d’une proposition de loi visant à démanteler les chambres criminelles spécialisées en Tunisie et à les remplacer par une institution qui garantirait l’impunité pour les personnes ayant commis des violations flagrantes des droits humains en Tunisie entre 1955 et 2013.

Le communiqué a été signé par la Commission Internationale de Juristes avec d’autres organisations membres de la Coalition pour la justice transitionnelle.

Le manifeste peut être téléchargé ici:

Version française

Version arabe

 

Vedanta Resources and subsidiary to face justice in the UK over human rights harms in Zambia

Vedanta Resources and subsidiary to face justice in the UK over human rights harms in Zambia

Today, the ICJ and the CORE Coalition welcomed the decision of the United Kingdom Supreme Court to allow a complaint to proceed against Vedanta Resources Plc and its Zambian subsidiary Konkola Copper Mines (KCM), alleging serious harm from extraction activities in Zambia.

The damage to health and livelihood was allegedly caused to local communities living in the Chingola District by the discharge of toxic waste from the Nchanga Mine operated by KCM.

The companies challenged the jurisdiction of the UK courts to hear the complaint for negligence and breach of statutory duty, saying there was no case against them arguable in a UK court and, in relation to KCM,  that Zambia was the proper forum where any case would have to be heard.

The judgment, confirming the decision of lower courts, dismissed the appeal by the companies, allowing the case to now proceed to trial on the merits. The ICJ and CORE Coalition acted as interveners in the case.

“Today’s Supreme Court decision will make it possible for the Zambian claimants to find justice, even so long after events took place,” said ICJ Senior Legal Adviser Carlos Lopez.

“The ruling makes clear that, from available evidence at this stage, it is arguable in trial that a parent company like Vendanta owes a duty of care in relation to people living in the vicinity of their subsidiaries and this decision will have important implications to similar cases concerning parent company duties around the world,” said Lopez.

Although access to justice for alleged victims harm from subsidiaries of parent companies has been elusive, the UK Supreme Court clarified that the principles applicable to these cases were “not novel at all.”

“Many other victims face insurmountable hurdles in their efforts to hold companies to account. The case is a reminder of the urgent need for legislation to require companies to take action to prevent human rights abuses, and to make it easier to hold them to account when they fail to do so,” said Marilyn Croser, Director of CORE.

The judgment regarded published material in which Vedanta fairly asserted assumption of responsibility for the maintenance of proper standards of environmental control over activities of its subsidiaries.  The Court said that this was “sufficient on their own to show that it is well arguable that a sufficient level of intervention by Vedanta in the conduct of operations at the Mine may be demonstrable at trial.”

Today’s Supreme Court judgment also made clear that Zambian courts could not be necessarily relied on to address claims against KCM and that there was a real risk that the claimants would not obtain “substantial justice” in Zambia.

 

Contact:

Marilyn Croser, Director CORE Coalition, t: + 44 203 752 5712

Carlos Lopez, Senior Legal Adviser, ICJ, t: + 41 22 9793816

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