May 5, 2017 | Advocacy, News, Publications
The ICJ has published a set of Principles on the Role of Judges and Lawyers in relation to Refugees and Migrants.
The Principles were developed by the ICJ on the basis of consultations with senior judges, lawyers, and legal scholars working in the field of international refugee and migration law (including at the 2016 Geneva Forum of Judges & Lawyers), as well consultations with States and other stakeholders on a draft version during the March 2017 Human Rights Council session, and other feedback.
The Principles seek to help judges and lawyers, as well as legislators and other government officials, better secure human rights and the rule of law in the context of large movements of refugees and migrants. They are intended to complement existing relevant legal and other international instruments, including the New York Declaration, as well as the Principles and practical guidance on the protection of the human rights of migrants in vulnerable situations within large and/or mixed movements being developed by the OHCHR.
The Principles address the role of judges and lawyers in relation to, among other aspects:
- determinations of entitlement to international protection;
- deprivation of liberty;
- removals;
- effective remedy and access to justice;
- independence, impartiality, and equality before the law;
- conflicts between national and international law.
The Principles, together with commentary, can be downloaded in PDF format by clicking here: ICJ Refugee Migrant Principles 2017.
They are also available in Spanish, French and Arabic.
The ICJ formally launched the published version of the Principles at a side event to the June 2017 session of the Human Rights Council (click here for details), where their importance and utility were recognised by the UN Special Rapporteur on the human rights of migrants, as well as representatives of UNHCR and the OHCHR.
The ICJ had earlier released the final text in connection with the Thematic Session on “Human rights of all migrants” for the UN General Assembly Preparatory Process for the Global Compact for Safe, Orderly and Regular Migration to be held in Geneva 8-9 May 2017, where in an oral statement the ICJ was able to highlight the potential utility of the Principles in the development of the Compact.
The ICJ further promoted consideration of the Principle, in an oral statement to the Human Rights Council.
More information about the process of development of the Principles, including the list of participants to the 2016 Geneva Forum, is available here.
The consultations, preparation and publication of the Principles was made possible with the financial support of the Genève Internationale office of the Republic and Canton of Geneva, for which the ICJ is grateful.
For further information, please contact ICJ Senior Legal Adviser Matt Pollard, matt.pollard(a)icj.org
Mar 12, 2017 | Advocacy, Non-legal submissions
The ICJ made an oral statement to the Human Rights Council, on the role of judges and lawyers in relation to large movements of migrants and refugees.The statement, made in an Enhanced Interactive dialogue on human rights and large movements of migrants, was as follows:
THE ROLE OF JUDGES AND LAWYERS IN RELATION TO LARGE MOVEMENTS OF REFUGEES AND MIGRANTS
10 March 2017
Mr. President,
The International Commission of Jurists (ICJ) welcomes the Principles and Guidelines included in the High Commissioner’s report and conference room paper. The ICJ appreciates their emphasis on equal and effective access to justice for migrants, and the recognition that this requires legal assistance that is competent, independent, confidential, and, when needed, without charge, as well as due process guarantees. We welcome the clear affirmation of the essential role of judges and lawyers in upholding and protecting the human rights of migrants and the rule of law.
To complement these and other relevant standards, the International Commission of Jurists is developing a set of Principles and recommendations specifically focussed on the role of judges and lawyers in relation to large movements of refugees and migrants. The ICJ principles and recommendations are based on global consultations with senior judges, lawyers, UN agencies, regional human rights mechanisms, and other relevant legal experts.
The ICJ Principles and recommendations address the role of judges and lawyers in status determination procedures, in relation to detention and removal, the right to an effective remedy, the importance of ensuring independence and impartiality of judicial decision-makers, equality before the law, and the relationship between national judiciaries and international law.
In addition to a consultation we convened yesterday at a parallel event, we welcome further feedback on the draft ICJ Principles from all stakeholders, before we launch the final version at the June session of the Human Rights Council.
Thank you.
Download the draft Principles here: https://www.icj.org/refugeesmigrantsconsultation/
Please send written feedback to un(a)icj.org, until 14 April 2017.
Mar 8, 2017 | Events, News
During March to April 2017 the ICJ conducted consultations on draft Principles and Guidelines on the role of judges and lawyers in relation to large movements of refugees and migrants.
The initial consultation meeting took place in Geneva on Thursday, 9 March 2017, 15:00 – 16:30 at the Palais des Nations, Room XXI.
At this side event the ICJ presented and received feedback from States and civil society on draft ICJ Principles on the Role of Judges and Lawyers in relation to Large Movements of Refugees and Migrants.
The Principles were developed by the ICJ on the basis of consultations with senior judges, lawyers, and legal scholars working in the field of international refugee and migration law. The ICJ published the final version of the Principles, together with commentary, in May 2017.
The Principles seek to help judges and lawyers, as well as legislators and other government officials, better secure human rights and the rule of law in the context of large movements of refugees and migrants. They are intended to complement existing relevant legal and other international instruments, as well as the Principles and practical guidance on the protection of the human rights of migrants in vulnerable situations within large and/or mixed movements being developed by the OHCHR.
The final version of the Principles is available here.
More information about the earlier consultations and overall process of development of the Principles is available here.
Feb 16, 2017 | Agendas, Events, News, Training modules
Today, the ICJ and Aditus are holding a training for lawyers on the rights of migrant children and on accessing international human rights mechanisms in Valetta.
The training aims to support the strategic use of national and international mechanisms to foster migrant children’s access to justice.
The training will take place over the course of two days 16-17 February 2017.
The training will focus on accessing the international mechanisms in order to protect and promote the rights of migrant children, the child’s right to be heard and economic, social and cultural rights.
A practical case analysis will be part of the training. Trainers include experts from the ICJ and the Hague University.
The training is based on draft training materials prepared by the ICJ (to be published in the second half of 2017) and the ICJ Practitioners Guide no. 6: Migration and International Human Rights Law.
It is organized as part of the FAIR project co-funded by the Rights, Equality and Citizenship Programme of the European Union and OSIFE.
As part of the project, this training follows the trainings on the rights of migrant children in Spain, Italy and Bulgaria, trainings in Germany, Greece and Ireland will follow this year.
Download the agenda in English here:
Malta-FAIR training-News-Agenda-2017-ENG
Nov 29, 2016 | Advocacy, News, Non-legal submissions
The ICJ and 77 other civil society organizations and UN agencies called today on the EU institutions and Member States to do more to protect the rights of refugee and migrant children.
The call came in a statement released to mark the opening of the 10th European Forum on the Rights of the Child in Brussels.
The refugee and migrant crisis in Europe will soon enter its third year, with children playing an ever larger part and the impact on their lives all the more tragic.
Between January and September 2016, more than 664,500 children claimed asylum in Europe; nine in ten children arriving in Italy this year were unaccompanied; 23,000 children in Greece remain in limbo – their futures hanging in the balance, their education on hold.
More than 700 children are estimated to have died at sea trying to reach Europe this year alone. Last week a six-year old child died in a fire in the Moria camp on the Greek island of Lesbos.
The ICJ is deeply concerned at the failure to prioritize the protection of children’s rights. Children lack access to basic procedural rights, such as access to a guardian, access to a lawyer or access to information.
Children stranded in Greece have been out of school for an average of 20 months.
Many children have to wait for more than a year to reach family members in other EU Member States or even more when their parents or siblings are outside of the EU. In many cases they cannot reunite with their parents or siblings because it is simply too expensive for them.
The EU and Member States can do a lot more to protect children’s rights and address their particular needs and vulnerabilities.
78 partner organizations identify seven priority actions to protect refugee and migrant children today and prepare them for the future.
These actions include the urgent adoption of an EU Action Plan on children in migration, strengthened safeguards in the asylum legislation, increased funding for national child protection systems and building mechanisms to protect children across borders.
The reform of the common European asylum system, currently debated in the European Parliament, provides a unique opportunity to ensure children get access to guardians, education and family reunification.
EU action is also needed to end the detention of migrant and refugee children, and the identification of alternatives.
The full statement can be downloaded here:
eu-joint-statement-refugee-and-migrant-children-advocacy-non-legal-submission-2016-eng
Information about the November 2016 ICJ Geneva Forum on the role of judges and lawyers in relation to large movements of refugees and migrants (including special consideration of migrant and refugee children), is available by clicking here.
