Serbia: Training for judges on migration and human rights

Serbia: Training for judges on migration and human rights

The ICJ delivers today and tomorrow a training for judges on asylum, migration and international human rights law, including non-discrimination, organised by OSCE and the Judicial Academy. 

The training, that takes place in the capital Belgrade, will be delivered to judges of all level of jurisdiction of Serbian courts.

It will focus on human rights law related to the entry of migrants, including refugees, to the territory of a State, to the State’s obligations on international protection, the rules applicable to detention of foreign national and their rights, and the prohibition of non-discrimination.

Serbia-Training-MIgrationAsylum-OSCEJA-2017-eng (download the agenda in English)

Turkey: training for lawyers and CSOs on rights of migrants, refugees and asylum-seekers

Turkey: training for lawyers and CSOs on rights of migrants, refugees and asylum-seekers

Today begins in Istanbul (Turkey) a two-day training for lawyers and CSO practitioners representing and working with migrants, refugees and asylum-seekers.

This event is organized by ICJ, in cooperation with its partners Refugee Rights Turkey, the European Council on Refugees and Exiles (ECRE), Mülteci-Der (MD) and ICJ-EI, as part of the EU co-financed project Fostering Access to Rights for Migrants, Refugees and Asylum-Seekers in Turkey.

30 lawyers and civil society practitioners – representing nine different bar associations and relevant organisations from the Istanbul area and other nearby key migration and asylum locations – are taking part in the training on 11 and 12 November.

The training aims to update lawyers and CSOs on the international and national law on the rights of refugees, migrants and asylum-seekers in order to be effective in their work at both the national and international levels. It aims at an effective implementation of the Turkish legal framework on asylum and migration.

The main thematic areas to be discussed will be the principle of non-refoulement, international protection, detention and access to economic, social and cultural rights.

The training will use as a basis the draft training materials prepared by the ICJ and its partners (to be published an the end of 2019) and, among other sources, the ICJ Practitioners Guide no. 6: Migration and International Human Rights Law.

The project “Fostering Access to Rights for Migrants, Refugees and Asylum-Seekers in Turkey” is funded by the European Instrument for Democracy and Human Rights (EIDHR) of the European Union.

Turkey-Training-Agenda-MigrationAsylumIHRL-Istanbul-2017-eng (download the agenda)

Greece: ICJ and others intervene in case challenging returns under EU-Turkey deal

Greece: ICJ and others intervene in case challenging returns under EU-Turkey deal

The ICJ and other human rights organisations intervened before the European Court of Human Rights in a case challenging the returns of migrants and refugees from Greece under the EU-Turkey deal.

The ICJ, the AIRE Centre, the European Council on Refugees and Exiles and the Dutch Council for Refugees have submitted a third party intervention before the European Court of Human Rights in the case of J.B. v. Greece. The case concerns the decision of Greek authorities to return a Syrian refugee to Turkey under the legal assumption that Turkey is a safe third country for refugees, that has been introduced following the EU-Turkey deal reached in reaction to the “refugee crisis”.

The interveners challenge the implementation of the rule of safe third country in these situations with regard to Greece’s obligations under the European Convention on Human Rights (ECHR). Specifically, the intervention focuses on:

  • The principle of non-refoulement under the ECHR;
  • The safe third country concept in international refugee law and EU law;
  • The respect of the right to an effective remedy in cases of returns to Turkey under the safe third country rule.

Greece-JB_v_Greece-ECtHR-amicus-ICJ&others-final-eng-2017 (download the intervention)

Continuing lack of accountability for renditions and secret detention (UN statement)

Continuing lack of accountability for renditions and secret detention (UN statement)

The International Commission of Jurists today drew to the attention of the Human Rights Council the failure of responsible States to ensure accountability for renditions and secret detention in several countries across the world.

The issue was highlighted by an oral statement in the General Debate on human rights situations that require the Council’s attention.

The ICJ statement continued as follows:

The US-administered rendition and secret detention programme of the last decade led to the commission of egregious violations of human rights and crimes under international law on a global scale with the complicity of several States, including in Europe.

Similar practices have been adopted in the Russian Federation where abductions of “terrorism” or “extremism” suspects and transfer to Central Asian States continue, in disregard of the principle of non-refoulement.

None of the States involved in the US-led renditions programme, or in abduction and transfer practices occurring in the Russian Federation, have ensured full accountability of those responsible and full redress for victims.

The ICJ calls on this Council to issue a strong call to all UN Member States to provide full accountability and redress for victims for the human rights violations that occurred during these operations.

 

Principles on the Role of Judges and Lawyers in relation to Refugees and Migrants

Principles on the Role of Judges and Lawyers in relation to Refugees and Migrants

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

Translate »