May 28, 2018 | Advocacy, Non-legal submissions
Today, the ICJ and 22 other rights organizations submitted a paper to the 30th meeting of Chairs of the human rights treaty bodies (Chairpersons meeting) in New York (28 May-1 June).
This paper is presented to the 30th meeting of Chairs of the human rights treaty bodies (Chairpersons meeting) by non-governmental organizations that contribute to many aspects of the work of the treaty bodies, including by encouraging and supporting national partners in their use of the system.
It focuses on existing good practices in treaty body working methods and makes recommendations for further discussions.
The signing NGOs hope that this submission will provide a basis for an effort by the treaty body Chairpersons to take stock of some of the important changes to working methods that the treaty bodies have undertaken and lead to further discussion on areas where greater alignment of working methods would make a particularly meaningful contribution to NGOs’ efforts to engage with the treaty bodies and promote better implementation by States of their human rights obligations.
Universal-Amnesty-Submission-to-the-30th-meeting-of-chairs-of-the-human-rights-treaty-bodies-Advocacy-non legal submission-May-2018-ENG (Full text in PDF)
Sep 26, 2016 | Advocacy, Non-legal submissions
The ICJ today at the UN Human Rights Council, joined other organisations to condemn the increasing attacks aimed at deterring NGOs from exposing human rights violations.
The statement was delivered by the leading international NGO the International Service for Human Rights (ISHR), on behalf of ICJ, Amnesty International, Asian Forum for Human Rights and Development (FORUM-ASIA), Centros de Estudios Legales y Sociales (CELS), Conectas Direitos Humanos, East and Horn of Africa Human Rights Defenders Programme (EHAHRDP), and Gulf Centre for Human Rights (GCHR), during a general debate on Follow up to the Vienna Declaration and Programme of Action (VDPA).
The organisations stated as follows:
“The failure of States to protect in these instanes is incompatible with the VDPA’s recognition of the ‘important role of non-governmental organisations in the promotion of all human rights’, that NGOs should be able to play this role ‘without interference’, and that they ‘enjoy the rights and freedoms recognised in the Universal Declaration of Human Rights’.
One example of such interference is the ruling on 17 September by a Cairo Criminal Court to freeze the personal bank accounts of five Egyptian human rights defenders – Bahey el din Hassan, Hossam Bahgat, Gamal Eid, Mostafa El-Hassan, and Abdel Hafiz Tayel – as part of the ongoing investigations into case no.173, also known as the foreign funding case.
The court also froze the bank accounts of three human rights NGOs: the Cairo Institute for Human Rights Studies, Hisham Mubarak Law Center, and Center for the Right to Education.
As a result, a judicial committee is now expected to manage the funds of these independent NGOs and defenders, as well as have full access to their records and databases of the NGOs, including files related to victims of human rights violations.
The VDPA makes clear that the ‘administration of justice, … especially, an independent judiciary and legal profession in full conformity with applicable standards contained in international human rights instruments, are essential to the full and non-discriminatory realization of human rights’.
To illustrate: In Egypt, the judiciary has been used as a tool in the ongoing crackdown on civil society, systematically failing to respect fair procedures. None of the individuals or organizations accused have thus far been permitted to view their entire case file, nor to present their defense before the investigative judges. Further, the court relied for its verdict on allegedly falsified investigations compiled by Egypt’s National Security Agency (NSA), and disregarded all material evidence presented by the defendants.
Such systematic attacks on civil society are not only illegal, but ill-advised and absolutely inimical to a State’s national interests, peace and prosperity.
We call on Egyptian authorities to immediately and unconditionally reverse the ruling and drop the investigation into case no. 173. We also stress that Egyptian human rights defenders need the support of this Council, particularly those States that have repeatedly expressed their commitment to protecting HRDs. We urge States to demonstrate their genuine leadership in this regard.”
Jul 24, 2015 | News
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:
- requirement of excessive documentation for the registration of both domestic and international associations and NGOs;
- arbitrary powers given to the Ministry of Interior and Ministry of Foreign Affairs to deny or revoke registration on the grounds that an association or NGO’s activities endanger public security, stability and order, constitute a threat to national security, national unity or the good culture, traditions and customs of Cambodian national society;
- the requirement that associations and NGOs adhere to a stance of neutrality vis à vis political parties, and provisions that allow for the suspension and dissolution of groups that violate this requirement;
- the requirement that associations and NGOs report to several ministries and submit an annual report summing up work activities and finances; and
- the inclusion of sweeping provisions for the suspension and dissolution of domestic and international associations and NGOs.
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
Jul 13, 2015 | News
The ICJ today condemned the approval by the Cambodian Peoples’ Party (CPP) of a law which aims to pose obstacles to and restrictions on the activities of non-governmental organizations (NGOs) in order to be officially registered in the country.
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.
“It is extremely disappointing that the Government has chosen to ignore widespread national and international criticism of the draft LANGO and calls for it to be withdrawn,” said Kingsley Abbott, International Legal Adviser for the ICJ.
“There is no doubt that the draft law’s restrictions on freedom of association and expression, in contravention of international law and standards, will severely impair civil society’s ability to carry out its vital work,” he added.
Today, the Cambodian National Assembly unanimously approved the draft Law on Associations and Non-Governmental Organizations (draft LANGO) promoted by the Cambodian Peoples Party (CPP) after 55 members of the opposition party, Cambodia National Rescue Party, decided to boycott the vote.
All 68 members of the CPP, including Prime Minister Hun Sen, attended the plenary session of the National Assembly and voted in favor of the draft law.
The draft LANGO will still have to be adopted by the Senate, and thereafter, receive the assent of the Cambodian King before it becomes law.
The ICJ calls on the Senate to reject the draft LANGO.
“The fact that the legislation was passed without genuine consultation with civil society tends to suggest that the Government’s intention is to weaken the impact of NGOs, including human rights defenders,” Abbott said.
The draft law’s most problematic provisions include:
- excessive documentation required for the registration of both domestic and international associations and NGOs;
- arbitrary powers of the Ministry of Interior and Ministry of Foreign Affairs to deny or revoke registration on the grounds of “public security, stability and order, or generate a threat to national security, national unity or the culture, traditions and customs of Cambodian national society”;
- the requirement that associations “adhere to a stance of neutrality vis à vis political parties”, and provisions that allow for the suspension and dissolution of groups that violate this requirement;
- the requirement that NGOs report to several ministries and to submit an annual report summing up work activities and finances; and
- the inclusion of sweeping provisions for the suspension and dissolution of domestic and international associations and NGOs.
Background
The draft LANGO, if ultimately adopted and implemented, would 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.”
Contact:
Kingsley Abbott, ICJ’s International Legal Adviser, t: +668 4092 3575 ; e: kingsley.abbott(a)icj.org
Jun 1, 2015 | News
The Cambodian government should withdraw a proposed law that would severely limit the rights of non governmental organizations (NGOs) in Cambodia, the ICJ and 10 other international human rights groups said in a letter to 44 foreign governments and the European Union.
The groups urged donors and others to press the government not to revive a 2011 draft law that was shelved under domestic and international pressure because it threatened freedom of association and expression.
Cambodia’s Council of Ministers discussed the draft NGO law on May 29 and is scheduled to discuss it again on June 5 before sending the measure to the National Assembly, dominated by Prime Minister Hun Sen’s Cambodian People’s Party.
A new law is unnecessary because existing legislation already addresses legitimate government concerns about the operations of NGOs, the international organizations said.
The letter was signed by the ICJ, Article 19, Asian Forum for Human Rights and Development (Forum Asia), Civil Rights Defenders, Front Line Defenders, Global Witness, Human Rights Watch, International Federation for Human Rights (FIDH), Lawyers Rights Watch Canada, Protection International, and Southeast Asian Press Alliance.
Cambodia-Australia & Cambodia lango letter-Advocacy-Open letters-2015-ENG (full text in PDF)
