Jun 1, 2021 | Advocacy, News
Thailand’s laws and practices governing the rights of land users may result in unnecessary and disproportionate restrictions on various economic, social, and cultural rights, particularly for forest dwellers and indigenous communities, the ICJ said during discussions last week with members of Thai civil society as well as government authorities.
On 28 May 2021, the ICJ co-hosted a discussion on international human rights law and standards on land rights in Thailand, with 70 members of civil society organizations, human rights lawyers, and academics in attendance. On 4 June 2021, the ICJ spoke at a discussion on the same topic, organized by Thailand’s Ministry of Justice, bringing together 80 governmental officials from several Ministries.
“Thailand’s land regulatory laws do not adequately protect the rights of indigenous people to access their ancestral lands and natural resources and to conduct cultural practices,” said Sanhawan Srisod, ICJ Legal Advisor. “We hope the Thai government will improve its general policies for land use and tenure, especially for indigenous peoples and forest dwellers, in line with its obligations under international law.”
Dr. Seree Nonthasoot, member of the UN Committee on Economic, Social and Cultural Rights (CESCR) from Thailand, spoke at both discussions to introduce participants to the International Covenant on Economic, Social and Cultural Rights (ICESCR) to which Thailand is a party and the role of the CESCR. The CESCR is a body of independent experts from across the world established by ICESCR and tasked with providing authoritative interpretations of ICESCR in its body of jurisprudence.
“The CESCR recommended [that] Thailand […] effectively remove all obstacles to enjoyment of traditional individual and communal rights by ethnic minorities in their ancestral lands […] and ensure that forced evictions are only used as a measure of last resort. These should be addressed without any further delay,” said Dr. Seree Nonthasoot.
Specific issues highlighted by participants in the discussions included:
- Prosecution and Eviction: The use of laws ostensibly designed to counter climate change and forest conservation policies and legislatures, such as the Forest Act, the National Reserved Forests Act and the National Park Act, to prosecute forest dwellers and indigenous communities for trespassing and forcibly evict them from the land belonging to national reserved forests and national parks;
- Participation and Consultation: The inadequate participatory mechanisms and consultations with people affected by land-related policies and practices, in particular the increasing use of online mechanisms as the main platforms for consultation in Thailand, despite the low rate of access to the internet among affected communities;
- Judicial Recognition: The lack of explicit judicial recognition of historical and other indigenous forms of evidence and knowledge in order to establish validity of territorial claims;
- Impact of Tourism: The impact of tourism development projects on communities’ economic, social and cultural rights in land-related contexts, including on their traditional landownership and livelihood practices;
- Compensation and Assessment: The impact of large-scale land acquisitions in areas that had already been occupied or used, without carrying out adequate impact assessments and with inadequate compensation.
Sanhawan Srisod introduced participants to the CESCR’s draft General Comment No. 26, which is open for public comment until 27 July 2021. If a revised General Comment is adopted by the CESCR, it will provide an authoritative interpretation of States’ ICESCR obligations relating to land.
At the meeting’s conclusion, participants discussed advocacy strategies to strengthen Thailand’s legal frameworks once the draft General Comment is adopted by the CESCR.
Further reading
The Human Rights Consequences of the Eastern Economic Corridor and Special Economic Zones in Thailand
Thai Companies in Southeast Asia: Access to Justice for Extraterritorial Human Rights Harms
Joint submissions by ICJ and its partners to the Universal Periodic Review (UPR)
Mar 11, 2021 | Advocacy, Non-legal submissions
Today, the ICJ called on the Office of the High Commissioner for Human Rights to guarantee transparency and participation in its activities in Venezuela in an oral statement delivered during the interactive dialogue on the oral update by the UN’s High Commissioner of Human Rights on Venezuela.
The statement reads as follows:
“Madame President,
The International Commission of Jurists (ICJ) welcomes the High Commissioner’s oral update on the situation of human rights in Venezuela, particularly regarding the cooperation between her office and the Venezuelan authorities.
The ICJ underscores the importance of transparency on the activities conducted under the Memorandum of Understanding (MoU) signed by both parties. Publication of the MoU to inform the public and ensure the optimal engagement of stakeholders is critical to its success.
The ICJ stresses that in addition to civil and political rights, economic, social, cultural rights continue to be violated in Venezuela, a situation aggravated by the COVID-19 pandemic. As of January 2021, at least 37 health workers have died due to the lack of protective equipment and basic supplies in healthcare centers.
In light of recent announcements by Venezuelan authorities, political considerations appear to be a driving factor in the COVID-19 vaccine prioritization plan, instead of objective and public health criteria, which could lead to discrimination and a denial of equal protection of law.
The ICJ recommends that the High Commissioner monitor and report on the status of the Venezuelan authorities’ compliance with her previous recommendations, and on her broader engagement with local civil society with a view to protecting human rights.
Thank you.”
Contact:
Massimo Frigo, ICJ UN Representative, e: massimo.frigo(a)icj.org, t: +41797499949
Apr 6, 2020 | Feature articles, News
A Feature Article by the Access to Justice for Women Team of the ICJ.
As the COVID-19 pandemic spreads across the globe, many governments are introducing a spectrum of measures to curb the spread of the novel coronavirus, including travel bans, lockdowns, curfews, and school, workplace and border closures.
While it is important that States act decisively in discharge of their obligations to protect the rights to life and health of all people during this pandemic, it is equal that they do so in a human rights compliant manner, so as not to compound the harms brought directly by the virus.
This entails, among other things, acting in a manner that provides equal protection and is non-discriminatory. Complying with these principles requires taking into account gender impacts and providing for gender-specific responses.
However, a number of measures presently being taken by governments around the world to attempt to curb the spread of the virus can be expected to exacerbate pre-existing gender inequalities and therefore disproportionately affect women’s enjoyment of social and economic rights.
Many women who are disabled, refugees, migrants, detainees, living in poverty and or belonging to ethnic, racial, religious or sexual minority groups are experiencing or are likely to experience intersecting forms of discrimination during this time of crisis.
What Does #StayHome Mean to Women?
Lockdowns, quarantines, and school closures to control the pandemic in many countries have a differential effect on women.
Women and girls are most expected to perform caregiving role within families, which means less economic and work opportunities for them and thus denying their basic rights to development.
This condition is worsened if they are being quarantined with an abusive partner as they are exposed to greater risks of intimate partner violence during the outbreak.
Unfortunately, in many places there is a significant lack of guidelines or information on how to contact police, access medical treatment, psychological support, or access to shelters when domestic violence occurs during the pandemic.
In the UK, for example, while 25 organizations helping domestic violence victims have reported an increase in their cases since the surge of the COVID-19 epidemic, one quarter said they could not effectively support victims because of technical issues, inability to meet victims, and staff sickness.
Additionally, with resources already stretched in fighting the spread of the virus, many State authorities may not see as a priority access to comprehensive sexual and reproductive health services for women, which are already restricted by prohibitive laws and customs in many contexts.
This results in significant limitations on women’s rights to menstrual health, maternal health, and safe abortion.
Women at Work
According to the International Labour Organization (ILO), women are over-represented in more affected sectors (such as services) or in occupations that are at the frontline of dealing with the pandemic.
The ILO estimates that 58.6 percent of employed women work in the services sector around the world. Women also have less access to social protection and will bear a disproportionate burden in the care economy, in the case of closure of schools or care systems.
Women migrant workers are also vulnerable to the impact of the COVID-19 crisis, as extensive travel restrictions constrain both their ability to access their places of work in destination countries and return to their families.
Women at the Border: Refugees & Asylum seekers
There is a severe lack of secure, safe and accessible infrastructure and services in most refugee camps and temporary settlements.
Asylum seekers face right now a long wait if the courts are closed due to the pandemic, or worse, being returned to their home country without having a chance to pursue their claims, sometimes in violation of the principle of non refoulement.
As the virus hits overcrowded displacement sites, the consequences can expected be catastrophic. Moreover, in this setting, studies found that women and girls are often exposed to sexual violence and exploitation when they are forced to openly defecate or walk to shared sanitation facilities.
All State Measures to COVID-19 Must Be Gender Responsive
Under the International Covenant on Economic, Social and Cultural Rights (ICESCR), States have duty to achieve the full realization of the right to everyone to the enjoyment of the highest attainable standard of physical and mental health.
The Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) also provides of the obligation of States to take all appropriate measure to eliminate discrimination against women in the field of health care in order to ensure, on a basis of equality of men and women, access to health care services, including those related to family planning.
Furthermore, failure to recognize the gender dynamics of outbreaks limits the effectiveness of response efforts and consequently impedes women’s rights.
In order for the response to disease outbreaks such as COVID-19 to be effective and not reproduce or perpetuate gender and health inequities, it is important that gender norms and roles are identified and incorporated in all socio- economic measures established to counter the pandemic.
Further, the emergency preparedness and response plan must address gender roles, responsibilities, social norms and specific needs of women.
States should also provide new strategies for women victims of domestic violence to be protected during the lockdown.
Governments should include the work of domestic violence professionals an essential service and provide emergency resources for anti-domestic abuse organizations to help them respond to increased demand for services.
They should also consider, alternative means, such as through “pop-up” counseling centers, reporting in pharmacies, to encourage women to report domestic violence.
Governments must ensure all measures to combat the outbreak are gender responsive while being in strict accordance with human rights standards.
While states may limit or derogate from certain rights to meet a public health crisis, such restrictions are always subject to the principles of legality, necessity proportionality and nondiscrimination.
Given that women are often to be found in the more vulnerable categories of informal work, for instance, as domestic workers or self-employed home-based workers, authorities should enhance universal access to collectively-financed health services for all, including uninsured workers and their families.
States must also expand access to collectively-financed paid sick leave, sickness benefits, and parental or care leave to ensure income security for those who are sick, quarantined or caring for children, elderly or other family members.
Moreover, governments should ensure that women asylum seekers, internally displaced persons, and refugees are included in national COVID-19 surveillance, preparedness, and response plans, and ensure that menstrual hygiene, reproductive, and other primary health care commodities are well-stocked and available.
Lastly, perspectives, experiences, and voices of diverse women, including LBTI persons (as enshrined in the Yogyakarta Principles), should be included in decision-making process around the COVID-19 outbreak measures because effective global responses, to public health emergencies must be in line with the rights and needs of affected women.
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Download the Op-Ed in other languages:
Nepali (PDF)
Tamil (PDF)
Sinhala (PDF)
Indonesian (PDF)
Mar 27, 2020 | News
The ICJ today called on the responsible authorities to adopt urgent measures to ensure the equal protection of the right to health and life of the country’s inhabitants in the wake of the growing COVID-19 pandemic.
The call came amidst indications that official response has been inadequate and poorly conceived.
Although Zimbabwe has only three officially confirmed COVID-19 cases and one casualty so far, the true figures are likely to be higher.
Media reports indicate that the health care facilities designated to deal with COVID-19 cases are severely under equipped. Doctors and nurses have announced that they are withdrawing their services because government is failing to provide them with protective clothing such as masks and gloves.
“The ICJ is deeply concerned by the poor state of preparedness of the Zimbabwean Government to handle COVID-19 cases,” said Arnold Tsunga, ICJ African Programme Director.
“The COVID-19 pandemic has brought to the fore cracks in health systems and presented governments everywhere with unprecedented challenges. The government’s response should however remain steeped in obligations espoused in the Constitution and international legal instruments to which Zimbabwe is a party,” he added.
The ICJ called on the Government of Zimbabwe to take urgent measures, include those aimed at ensuring that its healthcare system can provide for adequate screening, testing and care for COVID-19 patients.
The ICJ said that the Government must also investigate reports of the mishandling of patients, increase transparency and regular communication with the public and dedicate more resources to dealing with the COVID-19 pandemic.
Background
Zimbabwe announced its first confirmed case of COVID-19 on 21 March. The first casualty was recorded on 23 March. On 25 March 2020, the Ministry of Health and Child Welfare reported that a total of 100 people had been tested for COVID-19. Of these, 96 were negative, three tested positive and one test was found to be inconclusive.
Zimbabwe is a party to the International Covenant on Economic, Social and Cultural Rights (ICESCR), which imposes a duty to protect the right of everyone to enjoyment of the highest attainable standard of physical and mental health. Zimbabwe is also party to the International Covenant on Civil and Political Rights and the African Charter on Human and Peoples Rights, both of which guarantee the right to life.
Pursuant to Section 76 (1) of the Constitution of Zimbabwe, the government must provide access to basic health care services to all citizens and residents. Further, section 76 (3) of the Constitution enjoins government to ensure that no person is denied emergency medical treatment in any health care facility. In addition, government has an obligation, under section 51 of the Constitution, to protect human dignity.
The Committee on Economic, Social and Cultural Rights has set out the minimum standards which must be fulfilled at all times for States that are party to the IECSCR;
- Quality: Heath care facilities should be equipped with necessary equipment and medicine including safe and adequate water, sanitation and skilled medical professionals.
- Availability: Health care facilities with adequately trained and fairly-paid medical personnel and essential medicines should be made available to all.
- Accessibility: Health care facilities should be accessible to all without discriminating. Accessibility also includes physical accessibility, economic accessibility and access to information.
- Acceptability: Health care services should be provided in a manner that complies with medical ethics.
Measures undertaken by the Government of Zimbabwe, in response to the COVID-19 pandemic must adhere to these minimum standards. However, the ICJ has noted the following allegations and reports from credible media sources;
- Gross under-testing of people despite showing most of the COVID-19 symptoms;
- Absence of protective gear for health care workers;
- Lack of training of health care workers on the proper handling of COVID-19 related patients;
- Mishandling/ill treatment of patients at COVID-19 health care centres;
- Absence of equipment such as ventilators and respirators;
- Absence of running water at designated COVID-19 health care centres;
- Insufficient staffing at the designated COVID-19 care and isolation centres, as a result of some doctors and nurses having gone on strike;
- Government is establishing fully equipped COVID-19 health care facilities but exclusively for the political elites and their associates.
Contact:
Arnold Tsunga, Director of the ICJ Africa Regional Programme, t: +263 77 728 3248, e: arnold.tsunga(a)icj.org
Dec 10, 2019 | Multimedia items, News, Video clips
Today, the ICJ launched the animated video titled “UN Committee Recommends Socio-Economic Rights Protections in South Africa” in commemoration of International Human Rights Day, at an event sponsored in collaboration with local partner Lawyers for Human Rights (LHR).
With support from the European Union (EU), the ICJ and LHR have been jointly implementing a project promoting the protection of Economic, Social and Cultural Rights (ESCR) over the last three years.
The project included workshops co-ordinated by the ICJ and LHR on the protection of ESCR with magistrates, lawyers, paralegals and civil society organizations. As part of the project published a detailed Guide for the Legal Enforcement and Adjudication of Economic, Social and Cultural Rights in South Africa to assist legal practitioners, including magistrates, lawyers, paralegals and civil society, in understanding and applying international and domestic legal standards relating to ESCR. The ICJ also joined other local and international organizations in making submissions to the UN Committee on ESCR, which ultimately informed the Committee’s recommendations to South Africa.
During the event 10 December event in Pretoria, the LHR launched the documentary “Everyone Lies to Popo Molefe”, which tells the true story of the community’s struggle to basic services. Members of the Popo Molefe community were guests of honour at the event, which was also attended by a representative of the South African Human Rights Commission.
“If we can have roads, water and electricity… We are struggling without electricity. This situation we are living in is not good. I wish the President could see this documentary,” Popo Molefe Community Leader Kgomotso Susan Nkolisa said.
The ICJ’s animation explains in simple terms the recommendations made by the UN Committee on Economic, Social and Cultural to the government on South Africa.
These recommendations are based on the international standards and protection of the rights contained within the International Covenant on ESCR ratified by South Africa in 2015.
The animation uses illustrative examples of South Africa’s obligations under the Covenant relating to housing, education and just and equitable wages, urging viewers to hold government accountable for the implementation of the UN Committee’s recommendations.
Watch the animation
