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

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

Today begins in Ankara (Turkey) a two-day international workshop 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.

Lawyers and civil society practitioners – representing numerous bar associations and relevant organisations from the Istanbul area and other nearby key migration and asylum locations – are taking part in the workshop that takes place on 16-17 December.

The international conference on “Legal avenues and the role of lawyers in protecting migrant and refugee rights” includes a section on strategic litigation on asylum and migration law and European experiences.

In the second part of the conference, a final workshop is held on 17 December to discuss efforts to support expertise and effectiveness of Turkish lawyers on asylum and immigration law. This workshop will bring together key stakeholders and interlocutors to strategize about the remaining gaps and needs and the next steps in this field.

During this workshop, the organisers will present their project and its results.

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-Workshop-Agenda-MigrationAsylumIHRL-Ankara2-2018-eng (download the agenda in English)

Turkey-Workshop-Agenda-MigrationAsylumIHRL-Ankara2-2018-tur (download the agenda in Turkish)

Myanmar: address root causes of violations against Rohingyas

Myanmar: address root causes of violations against Rohingyas

The ICJ today urged accountability for and the need to address the root causes of violations of human rights of Rohingya people in Myanmar, at the UN in Geneva.

The statement was made in an interactive dialogue with the UN High Commissioner for Human Rights, on his oral update on the situation, at the Human Rights Council.

The statement read as follows:

“The Government of Myanmar is duty-bound to investigate, prosecute and punish perpetrators of human rights violations. Yet impunity at domestic level necessitates international action: to secure criminal accountability, to provide redress and to deter repetition of crimes under international law.

In May, the government announced a new inquiry into rights violations in Rakhine State. Its mandate, composition and legal framework remain unclear – and there is no indication this will be more effective than previous national inquiries – which have not shed light on the facts, have rarely led to prosecutions and have failed to provide redress.

Justice cannot be further delayed. The International Commission of Jurists supports calls for establishing an international accountability mechanism.

It is also imperative to address the laws and practices discriminating against Rohingyas and other minorities, particularly the 1982 Citizenship Law, as recommended by the government’s Rakhine Advisory Commission.

As a UN Member State, Myanmar must fully cooperate with all UN organs. This includes allowing access to the Special Rapporteur, and permitting the UN Human Rights Office to establish in the country with a full mandate.

Quiet diplomacy and downplaying human rights concerns have failed to improve the situation for Rohingyas. UN organs and envoys present in Myanmar must engage in frank and direct dialogue with the Government about ongoing human rights violations – consistent with the UN Charter and the Human Rights Up Front initiative.

Human rights violations are the root cause of this humanitarian crisis. There can be no voluntary and sustainable return of Rohingya refugees without addressing the sources of human rights violations.

Thank you.”

Hungary: National Assembly must reject law criminalizing assistance to migrants

Hungary: National Assembly must reject law criminalizing assistance to migrants

The ICJ today called on the Hungarian National Assembly to reject Bill No. T/333 that, if approved, would risk criminalizing the work of civil society, lawyers and other human rights defenders and lead to violations of the rights of migrants, especially refugees.

The National Assembly of Hungary is considering today Bill No. T/333 tabled by the Hungarian Government that amends immigration and criminal law.

“This draft law would effectively punish activities that aim to apply legal procedures” said Massimo Frigo. “This attack on the work of lawyers and human rights defenders does not constitute a legitimate aim that would allow for a permissible restriction on the rights of freedom of expression, assembly and association consistent with international human rights law.”

The ICJ warned that the draft law, if approved, would, in contravention of international standards, open the way to arrest, prosecute and convict lawyers or representatives of civil society who assist asylum seekers in filing their application for international protection. It would also make funding of such activities a crime.

The law would effectively prevent lawyers and civil society organizations, under threat of criminal punishment, from providing assistance to asylum-seekers unless they can verify that the person is entitled to international protection, even before the person has begun the refugee status determination procedure.

It would further criminalize any activity aimed at regularizing the position of an irregular migrant who had, for example, married a Hungarian citizen or became a parent of Hungarian children.

“This draft law should be rejected because it could in practice deny legal assistance to any asylum seeker, preventing them from defending their rights, ” said Massimo Frigo.

Bill T/333 has been criticized by UNHCR, the Council of Europe Commissioner for Human Rights and several national and international civil society organisations. An opinion of the Venice Commission on the law is expected to be published shortly.

Background

If approved in the current form, section 11 of the draft law would insert in the Criminal Code the offence of “facilitating illegal immigration”, as new section 353/A. This provision, if approved, would make it a criminal offence to carry out organized activities to facilitate the initiation of an asylum procedure for persons “who are not persecuted” in their country of origin or in a third country that they passed through, or “do not have a well-founded reason to fear direct persecution.”

This provision would also make it a criminal offence to carry out these activities to assist a person entering illegaly or residing illegally in Hungary to obtain a residence permit.

The draft law would also make it a criminal offence to provide financial means to carry out these activities.

Full Document in English (PDF): Hungary-Statement-National-Assembly-Criminalizing-Assistance-to-Migrants-Law-2018-ENG

Myanmar: cooperation with UN needed, UN must put rights up front (UN statement)

Myanmar: cooperation with UN needed, UN must put rights up front (UN statement)

The ICJ today delivered a statement at the UN Human Rights Council calling on Myanmar to cooperate with UN mechanisms and for all UN agencies in the country to make human rights central to their approach.

The statement, made in the interactive dialogue with the international Fact Finding Mission on Myanmar, and the Special Rapporteur, read as follows:

“The International Commission of Jurists (ICJ) welcomes the update of the Independent International Fact Finding Mission. In relation to crimes under international law, the ICJ encourages the experts to continue to develop further specific recommendations for securing criminal accountability and providing redress.

The ICJ also welcomes the report of the Special Rapporteur, and strongly supports the renewal of her mandate and tenure.

As a UN Member State, the Government of Myanmar should fully cooperate with all the organs and mechanisms of the UN, in accordance with its obligations under the UN Charter.

At this session, the government asked for ‘concrete evidence’ of alleged human rights violations, and committed to taking action against perpetrators, but permission to enter the country is still refused to the Fact Finding Mission, to the Special Rapporteur and to the Office of the High Commissioner for Human Rights.

To demonstrate a genuine commitment to truth and accountability, the Government must allow them full access to areas of concern, particularly to Rakhine State and to conflict areas in Kachin State and Shan State.

Humanitarian actors and independent media must also be immediately allowed full and unimpeded access, particularly to Rakhine State, as recommended by the government’s own Advisory Commission.

The current situation in Rakhine State is incongruous to voluntary returns of Rohingya refugees. At the same time, the UN High Commissioner for Human Rights must be included in repatriation planning with a full mandate to protect refugees. This is contemplated in current repatriation arrangements with the Government of Bangladesh, and the Government of Myanmar must now formalize this relationship with UNHCR.

Experts, what can be done to ensure all UN agencies present in Myanmar actually put ‘human rights up front’ in the line with the mandate of every UN organ under the UN Charter?”

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