The ICJ joined 17 other organizations in calling for robust and human rights compliant international standards to regulate the use of “Unmanned Aerial Vehicles” , developed through fully inclusive and consultative processes.
Universal-DroneStandards-Advocacy-2017-ENG (full PDF)
On 2 and 3 September, the ICJ held a workshop on “the Rule of Law and Strengthening the Administration of Justice in the Context of Restorative Justice” for members of the Thai judiciary.
The workshop was held in Chiang Mai.
Twenty-two judges attended the workshop, with an observer from the Thailand Institute of Justice (TIJ).
The objective of the workshop was to discuss how to best apply international standards of restorative justice within Thailand’s justice system.
Restorative justice is based on the fundamental principle that criminal behavior not only violates the law, but also injures victims and the community.
A restorative process is any process in which the victim and the offender and, where appropriate, any other individuals or community members affected by a crime participate together actively in the resolution of matters arising from the crime, with the help of a facilitator.
Frederick Rawski, Regional Director of ICJ Asia and the Pacific, recognized in his opening statement that implementation of restorative justice, including constructive non-custodial sentencing and measures, could assist in combating the problem of overcrowding in detention facilities in the North of Thailand, particularly with respect to drug-dependent offenders.
The workshop made reference to the United Nations Declaration of Basic Principles on the Use of Restorative Justice Programmes in Criminal Matters, which was adopted by the United Nations Economic and Social Council in 2002.
Speakers at the Workshop included Chief Justice Somnuk Panich from Office of the Chief Justice Region V, who formally opened the workshop, Judge Dr. Dol Bunnag, Presiding Judge of Intellectual Property and International Trade Court, who summarized the landscape of restorative justice in Thailand, and Judge Sir David James Carruthers from New Zealand, an international expert on restorative justice in New Zealand.
ICJ’s Senior International Legal Adviser Kingsley Abbott moderated the two-day workshop.
The ICJ ended the workshop with a statement reiterating its commitment towards working with Thailand’s judiciary to strengthen the rule of law and administration of justice in Thailand.
Ten years after the Comprehensive Peace Accord (CPA) ended Nepal’s bloody civil war, Nepali authorities must renew their commitment to ensure truth, justice and reparation for victims of the conflict who are still waiting for redress, the ICJ said today.
The CPA, signed by the Government of Nepal and the country’s major political parties, including the then Communist Party of Nepal (Maoist) on 21 November 2006, called for a credible transitional justice process that would ensure victims’ rights to truth, justice, reparation and effective remedy in accordance with Nepal’s international human rights obligations.
“The hope and promise to conflict victims towards fulfillment of their rights to truth, justice and reparation that came with the signing of the CPA and the end of the conflict ten years ago have yet to be realized,” said Sam Zarifi, ICJ Asia director.
“Over the last ten years, various governments from all the different parties have blocked or hindered the transitional justice process, ignoring rulings by the Supreme Court that demanded compliance with international law and standards,” he added.
The full statement can be downloaded here:
nepal-statement-cpa-anniversary-advocacy-2016-eng (full text in PDF)
With the signing of the political agreement on a national unity government today, the next step in Libya’s transition will be to ensure that its new Constitution fully conforms to international rule of law and human rights standards, the ICJ said today.
The statement came as the ICJ released its new report The Draft Libyan Constitution: Procedural Deficiencies, Substantive Flaws.
In the report, the ICJ calls on the Libyan Constitution Drafting Assembly (CDA) to substantially revise the Draft Constitution published in October with a view to ensuring its full compliance with Libya’s obligations under international human rights law and international standards.
Libyan authorities, including the CDA, should also put in place effective mechanisms to ensure that the drafting process is inclusive, participatory, and fully reflects the views of a broad range of stakeholders, including civil society and minority groups.
The report concludes that the Draft Constitution, in many key respects, does not conform to Libya’s obligations under international human rights law or to international rule of law standards.
“The new Constitution provides a crucial opportunity to depart from decades of authoritarianism under Moammar Ghadafi’s regime. It must therefore provide for a strong foundation upon which the rule of law, including the separation of powers, the independence of the judiciary and civilian oversight over military and armed groups, can be established and upheld,” said Said Benarbia, Director of the ICJ MENA programme.
The Draft Constitution should also be amended to provide for a comprehensive set of human rights and protections that fully accord with international human rights law, including provisions relating to non-discrimination, the right to life, the right to liberty and security, the prohibition on torture and other cruel, inhuman or degrading treatment or punishment, protections for minorities, the right to freedom of thought, conscience and religion, fair trial rights, and a range of economic, social and cultural rights.
“The Libyan Constitution must at a minimum conform to the definition and scope of the rights contained within the human rights treaties to which Libya is a state party. Any scope for limitation of rights must conform to the criteria for such limitations under international law and, in particular, only as are provided for by law, are proportionate, and are demonstrably necessary in a free and democratic society,” Benarbia added.
Contact:
Doireann Ansbro, Associate Legal Advisor of the ICJ Middle East and North Africa Programme, tel: +216 71 841 701, email: doireann.ansbro(a)icj.org
Libya-Draft Constitution Flaws Deficiencies-Publications-Reports-2015-ENG (full report in PDF, English)
Libya-Constitution Flaws Report-News-Press releases-2015-ARA (full press release in Arabic, PDF)
Libya-Draft Constitution Flaws Deficiencies-Publications-Reports-2015-ARA (full report in PDF, Arabic)
The Cambodian Senate’s approval of the draft law this morning brings the Government one step closer to having the power to repressively monitor and restrict the registration and activities of associations and Non-Governmental Organizations (NGOs), the ICJ said today.
According to information provided to the ICJ, the Senate approved the draft Law on Associations and NGOs (LANGO) at approximately 10:00am local time this morning. Opposition Senators boycotted the vote.
“The draft law, once promulgated, will severely restrict the ability of members of civil society to exercise their rights to freedom of association and expression which Cambodia has a duty to protect under its international obligations,” said Kingsley Abbott, the ICJ’s International Legal Adviser.
“The regrettable irony is that in approving this draft law, which contains the stated aims of protecting civil society interests and promoting their partnership with public authorities, the Government has totally disregarded civil society’s calls for consultation and for the draft law to be withdrawn,” he added.
On 13 July 2015, the Cambodian National Assembly adopted the draft law after 55 members of the opposition party, the Cambodia National Rescue Party (CNRP), decided to boycott the vote.
The draft law will be promulgated once it receives the King’s signature, which is largely a symbolic step under the Cambodian Constitution.
The draft law’s most problematic provisions include:
Background
The draft law, once promulgated, will bring Cambodia into non-compliance with international law and standards.
As a party to the International Covenant on Civil and Political Rights (ICCPR), Cambodia must guarantee the rights to freedom of expression and association and ensure that no restrictions are put in place except under the strict conditions set out in articles 19(3) and 22(2) of the ICCPR. These conditions clearly have not been met under the terms of the draft LANGO.
In addition, Article 2 of the UN Declaration on Human Rights Defenders provides that each “State has a prime responsibility and duty to protect, promote and implement all human rights and fundamental freedoms, inter alia, by adopting such steps as may be necessary to create all conditions necessary in the social, economic, political and other fields, as well as the legal guarantees required to ensure that all persons under its jurisdiction, individually and in association with others, are able to enjoy all those rights and freedoms in practice.
Article 8 states that everyone “has the right, individually and in association with others, to have effective access…to participation in the government of his or her country and in the conduct of public affairs…[including] the right, to submit to governmental bodies and agencies and organizations concerned with public affairs criticism and proposals for improving their functioning and to draw attention to any aspect of their work that may hinder or impede the promotion, protection and realization of human rights and fundamental freedoms.”
In June and July 2015, the ICJ and other international human rights groups sent joint letters to the Government of Cambodia, including to Prime Minister Hun Sen and the President of the National Assembly, urging for the withdrawal of the draft law.
Contact:
Kingsley Abbott, ICJ’s International Legal Adviser, t: +66 94 470 1345, e: kingsley.abbott(a)icj.org
South Africa: Constitutional Court’s affirmation that principles of judicial independence are fully applicable to military courts is a welcome step forward
EU: Lawyers and civil society call for mandatory humanitarian clause in anti-smuggling directive
EU: Access to a lawyer in juvenile justice proceedings remains a key concern in several EU Member States