International Commission of Jurists
ICJ highlights need for UN action on impunity in Sri Lanka

ICJ highlights need for UN action on impunity in Sri Lanka

Sep 17, 2020 | Advocacy, Non-legal submissions

At the Human Rights Council, the ICJ highlighted deepening impunity for gross human rights violations in Sri Lanka, and the need for a UN investigative mechanism.

The oral statement was made in the interactive dialogue with the UN Special Rapporteur on the promotion of truth, justice, reparation and guarantees of non-recurrence, at which the current Rapporteur presented the report of his predecessor, Pablo de Greiff, on a visit to Sri Lanka in 2017.

The statement read as follows:

“The ICJ welcomes this opportunity to discuss the report of your predecessor’s 2017 visit to Sri Lanka.

We share the report’s assessment that “none of the constituent elements of a transitional justice policy are fully in place.” Indeed, the situation has only further deteriorated since 2017, further entrenching the denial of justice to victims.

Sri Lankan courts remain unable and unwilling to address the impunity of security forces for crimes under international law. We echo the report’s observation ‘in its current state, the criminal justice system in Sri Lanka is inadequate and flawed’.

This will only worsen if the proposed 20th Amendment to the Constitution is passed. The President, himself credibly accused of war crimes and crimes against humanity during his tenure as Defence Secretary from 2005-2015, would have unilateral power to appoint the judges of the superior courts, the Judicial Service Commission, Attorney General and the Inspector General of Police. This would further undermine any independence and impartiality in the already institutionally weakened judiciary.

Given the abject failure of Sri Lanka to implement a credible accountability mechanism, and its ongoing betrayal of the rule of law, the ICJ calls on the Council to establish an international accountability mechanism, and we urge you Mr Special Rapporteur to closely monitor and analyze the country situation in coordination with other mandate holders.

Thank you”

Venezuela: ICJ addresses UN on access to justice for human rights violations

Venezuela: ICJ addresses UN on access to justice for human rights violations

Jul 15, 2020 | Advocacy, Non-legal submissions

The ICJ today highlighted the lack of judicial independence and other obstacles to access to justice for human rights violations in Venezuela, at the UN Human Rights Council.

The statement, delivered in an interactive dialogue on the relevant report of the High Commissioner for Human Rights, read as follows:

“Madame President,

The International Commission of Jurists (ICJ) welcomes the report of the High Commissioner for Human Rights’ on the situation in Venezuela pursuant to resolution 42/25. The ICJ regrets however that the report was not published sufficiently in advance of the Interactive Dialogue to allow for detailed analysis and response.

The report points to a wide range of violations of civil, cultural, economic, political, and social rights in the country.

The ICJ has documented over many years the lack of judicial independence and the absence of domestic accountability for human rights violations in Venezuela. In the Arco Minero of the Orinoco, we have seen numerous alleged cases of enforced disappearances, human trafficking, threats to human rights defenders, and serious abuses of the rights of indigenous peoples, especially indigenous women and children.

The ICJ would like to ask the High Commissioner to elaborate on the long-entrenched obstacles to accountability for human rights violations in the Venezuelan justice system, and on the abuses against indigenous peoples in the Arco Minero.

The ICJ also looks forward to the discussion of and action on the Independent International Fact-Finding Mission’s report at the 45th session of the Council in September, and urges the Council to stand ready to extend the mandate, and to enlarge the scope, of the Fact-Finding Mission at that time.

Thank you.”

Ending impunity for gross human rights violations in Myanmar

Ending impunity for gross human rights violations in Myanmar

Jul 14, 2020 | Advocacy, Non-legal submissions

At the UN Human Rights Council, the ICJ today highlighted the need for a range of measures to effectively address the continuing impunity for gross violations of human rights in Myanmar.

The oral statement, which was delivered in an interactive dialogue with the UN Special Rapporteur on the situation of human rights in Myanmar, read as follows:

“The ICJ welcomes and shares the concerns of the final report of the previous Special Rapporteur Ms Yanghee Lee, particularly with the lack of accountability for gross human rights violations against Myanmar’s ethnic minorities.

The ICJ recalls Myanmar’s international human rights obligations, including under the Convention on the Prevention and Punishment of the Crime of Genocide and the provisional measures ordered by the International Court of Justice in The Gambia v. Myanmar case.

The ICJ underscores that directives enjoining government officials from engaging in further acts of genocide are not sufficient without comprehensive legal and constitutional reform to end impunity. This includes the amendment of laws such as the 1959 Defence Services Act and the 2014 Myanmar National Human Rights Commission Law.

National institutions continue to fail to conduct credible investigations into allegations of widespread human rights violations by the military against ethnic minorities. The final report of the Independent Commission of Enquiry, which was not made public, was transmitted to the Attorney General and the Commander-in-Chief of Myanmar’s Armed Forces, implying that military courts will take jurisdiction over at least some of the cases, inconsistent with Principle 29 of the UN Principles for the protection and promotion of human rights through action to combat impunity (UN doc E/CN.4/2005/102/Add.1/).

Mr Andrews, as the new mandate-holder, the ICJ would like to invite you to elaborate on your priorities and strategies for addressing the continuing impunity for such violations in Myanmar.”

Philippines: accountability for violations still needed, while new counter-terror law poses new threats

Philippines: accountability for violations still needed, while new counter-terror law poses new threats

Jun 30, 2020 | Advocacy, Non-legal submissions

Speaking at the UN Human Rights Council today, the ICJ urged action on longstanding and pervasive impunity for human rights violations in the Philippines and highlighted new threats posed by a pending new counter-terrorism law.

The oral statement, delivered in an interactive debate on the human rights situation in the Philippines based on a report prepared by the High Commissioner for Human Rights, read as follows:

“Madame President,

The International Commission of Jurists (ICJ) concurs with the High Commissioner’s finding that overemphasis by the Government of the Philippines on national security and public order has led to serious human rights violations (A/HRC/44/22, para 12). Such violations will only increase if the draft Anti-Terrorism Act is approved and implemented.

The draft law would, for example, allows detention without judicial warrant for up to twenty-four days. Such prolonged pretrial detention without judicial review This is inconsistent with the prohibition of arbitrary detention under the International Covenant on Civil and Political Rights (ICCPR), and the right under the ICCPR of anyone arrested or detained on criminal grounds to be brought promptly before a judge.  The Human Rights Committee has stressed that such judicial control of initial detention periods is not only essential to guarantee the right to liberty but also to prevent torture, other ill-treatment, and enforced disappearance.

In line with both the High Commissioner’s report and the 25 June 2020 statement by a large number of Special Procedures, the ICJ urges the Government of the Philippines to accept the findings and recommendations and rapidly implement corrective measures, in cooperation with the OHCHR, civil society, and the Commission on Human Rights, and to abandon or fundamentally revise the draft Anti-Terror Law. In the absence of clear, effective and measurable progress on accountability at the national level, this Council must stand ready to establish an independent international investigation (para 88(iii)).

Thank you.”

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