Mar 13, 2017 | Advocacy, Non-legal submissions
The ICJ today delivered a joint NGO oral statement to the UN Human Rights Council on the need in Myanmar for an international Commission of Inquiry and for an independent and self-governing legal profession.
In the statement, the International Commission of Jurists, joined by the International Bar Association’s Human Rights Institute and Lawyers’ Rights Watch Canada, welcomed the report of the Special Rapporteur on the situation for human rights in Myanmar, and her recommendation for a Commission of Inquiry to investigate persecution of Rohingya and other minorities in Rakhine State.
Since 9 October 2016, Myanmar’s security forces have reportedly targeted Rohingya during “clearance operations” which have no basis in law. Attacks against women, men, and children allegedly have involved extrajudicial killings; enforced disappearances; torture and other ill-treatment including rape and other sexual violence; hundreds of arbitrary arrests and detentions; forced displacement; and looting and destruction of homes, food and other property.
To date, authorities in Myanmar appear to have been unwilling or unable to investigate abuses or hold perpetrators accountable. Several national investigation commissions have lacked impartiality and independence. National judicial and law enforcement authorities lack capacity and independence to address this situation. Accordingly, we urge Council to adopt a resolution at this session establishing an international, independent Commission of Inquiry to assess facts, identify causes and perpetrators, and issue recommendations including remedies for victims.
The recent killing of lawyer U Ko Ni, who strongly advocated against religious discrimination and for inter-communal peace, must be subject to a prompt, impartial and effective investigation capable of identifying all those responsible and holding them accountable in a fair trial. It also underscores the urgent need for an independent and self-governing legal profession in Myanmar, enabled to uphold human rights and the rule of law without fear.
The statement may be downloaded in PDF format here: HRC34-OralStatement-Myanmar-2017
Jun 29, 2016 | Advocacy, Non-legal submissions
The ICJ, joined by FIDH, Franciscans International, and IMADR, today delivered a statement to the UN Human Rights Council.
The statement was on the situation of Rohingya Muslims in Myanmar, and on the need for active participation by international judges in the judicial mechanism to be adopted in Sri Lanka as part of the process of accountability and reconciliation.
The organizations stated, during general debate on an oral update on Sri Lanka from the High Commissioner for Human Rights, and the Commissioner’s report on the situation of Rohingya in Myanmar, that:
The Government of Myanmar has persecuted the Rohingya, refused to extend basic citizenship rights, and Parliament passed legislation entrenching discrimination such as the Race and Religion Protection laws. This has displaced thousands within Rakhine State and driven the Rohingya to sea and neighbouring countries. The ICJ, FIDH, Franciscans International and IMADR call on Myanmar:
- to repeal the 1982 Citizenship Law or amend it in accordance with the recommendations of the Special Rapporteur, to grant Rohingya full citizenship and accompanying rights;
- to develop a citizenship plan based on non-discrimination;
- to reject the Rakhine State Action Plan in its current form;
- to repeal laws that discriminate against ethnic and religious minorities;
- to diligently prosecute all acts of violence fuelled by discrimination, and hate speech that incites discrimination, hostility or violence; and
- to improve basic living conditions for the Rohingya and Arakanese in Rakhine State by enhancing protection of their economic, social, and cultural rights.
We welcome recent initiatives by the Government of Sri Lanka towards implementing Resolution 30/1, including the establishment of an Office of Missing Persons, and ratification of the Convention for the Protection of All Persons from Enforced Disappearance.
However, many of the commitments in the resolution remain unfulfilled. The other three transitional justice mechanisms envisioned by the resolution – an office of reparation, a truth-seeking commission, and a judicial mechanism – are yet to be established.
We call on Sri Lanka to implement, without delay, all elements of Resolution 30/1, including particularly the establishment of a credible judicial mechanism with full participation of international judges, prosecutors and lawyers. We agree that international participation is “a necessary guarantee for the independence and impartiality of the process in the eyes of the victims” (High Commissioner’s Oral Update, A/HRC/32/CRP.4, paragraph 32).
Rapid progress on this and other key elements of the resolution is essential to the credibility of the overall process of transition in Sri Lanka.
The statement can be downloaded in full, in PDF format, here: HRC32-OralStatement-SriLankaMyanmar-2016
Mar 20, 2015 | Advocacy, Non-legal submissions
Today, the ICJ made a submission to the Universal Periodic Review of Myanmar.
The submission brings to the attention of the members of the Human Rights Council’s Working Group issues concerning:
- The independence of the judiciary and legal profession;
- The lack of legislation adequately protecting human rights and the environment;
- Discriminatory laws targeting women and minorities; and,
- The writ of habeas corpus.
Myanmar-UPR-Advocacy-2015-ENG
Nov 25, 2014 | Advocacy, Analysis briefs, News
Bangladesh must immediately launch a thorough investigation into alleged attacks on a prominent human rights lawyer, the ICJ said today. The government appears to have taken no real action in the year since the events.
Rabindra Ghosh (photo), advocate at the Supreme Court of Bangladesh and President of the non-governmental organization Bangladesh Minority Watch, has made credible allegations that he was subjected to acts of violence, intimidation and other interference with his functioning as a lawyer.
”The authorities in Bangladesh seem not to have taken Rabindra Ghosh’s allegations seriously, in breach of international standards,” said Matt Pollard, head of ICJ’s Centre for the Independence of Judges and Lawyers. “In addition to his complaints, our own letters to the authorities simply went unanswered.”
Rabindra Ghosh, among other incidents, alleges that he was physically attacked by six of his peers on 25 November 2013, while he was at work in the Gopalgonj District Court.
He further alleges that on 14 January 2014 he was subjected to physical violence, threats, and verbal abuse at the hands of police officers.
He reports that there has been no substantive investigation of his complaints and that he has received no response from the responsible authorities.
“Lawyers play an essential role in protecting human rights and the proper administration of justice,” Pollard added. “International standards require State authorities to prevent attacks and harassment of lawyers and to take effective measures to protect their security.”
The ICJ requested the Prime Minister, the Ministry of Law, Justice and Parliamentary Affairs, the Ministry of Home Affairs and the President of the Bar Association to provide further information and a response to these allegations, but has received no response.
In addition to its call on the authorities of Bangladesh to immediately launch a thorough and independent investigation of the allegations made by Rabindra Ghosh, the ICJ calls on the authorities to take concrete measures to ensure that he and other lawyers are able to discharge their professional duties without any interference or intimidation of any kind. If the investigation confirms the allegations, those responsible must be held accountable.
“The ICJ has observed a general erosion of the rule of law and respect for the ability of lawyers to carry out their duties in Bangladesh,” said Pollard. “Lawyers play a crucial role in ensuring that people whose rights have been violated can demand their right to a remedy. When lawyers themselves become victims simply for carrying out their work, it signals a serious problem for the legal system.”
Rabindra Ghosh’s allegations come against the backdrop of a series of recent attacks on human rights defenders in Bangladesh, including among others the harassment of human rights defenders including Adilur Rahman Khan, secretary of Odhikar; the promulgation of a constitutional amendment that empowers the Parliament to impeach Supreme Court judges; and the amendment of the Information and Communication Technology Act, which is being used to assault freedom of expression and freedom from arbitrary detention.
Contact:
Matt Pollard, ICJ Senior Legal Adviser, +41 22 979 3812, matt.pollard(a)icj.org
A brief background note on the case is available here in PDF:
Bangladesh-Ghosh backgrounder-Advocacy-2014-ENG
Mar 9, 2011 | News
The new government of Nepal should respect the rights of Tibetans in Nepal to freedom of expression, assembly and association, the ICJ and other human rights groups said today. These rights are guaranteed for all persons in Nepal by international human rights treaties to which Nepal is a party, including the International Covenant on Civil and Political Rights (ICCPR).
