Mar 23, 2018 | Advocacy, Non-legal submissions
The ICJ today joined other NGOs in an end-of-session statement, reflecting on the 37th ordinary session of the UN Human Rights Council.
The statement was delivered by the International Service for Human Rights (ISHR) on behalf of:
- The East and Horn of Africa Human Rights Defenders Project (DefendDefenders)
- The Global Initiative for Economic, Social & Cultural Rights
- CIVICUS
- International Commission of Jurists
- International Federation for Human Rights Leagues
- Conectas Direitos Humanos
- Human Rights House Foundation
- Amnesty International
- International Lesbian and Gay Association
- Human Rights Watch
- Asian Forum for Human Rights and Development (FORUM-ASIA).
The statement read as follows (text in italics was not read aloud for lack of time):
“Our organisations welcome the adoption of the resolution on the promotion and protection of human rights and the implementation of the 2030 Agenda for Sustainable Development, particularly in reaffirming that all approaches to development must comply with the State’s international human rights obligations.
We agree that “cooperation and dialogue” are important for the promotion and protection of human rights, and that States should fully cooperate with the Council and its mechanisms, and ensure that all stakeholders are able to cooperate and engage with them without fear of reprisals.
However, we must now be vigilant to ensure that the resolution on Mutually Beneficial Cooperation, lacking in balance, does not undermine other important parts of the Council’s mandate: to address human rights violations and respond promptly to human rights emergencies in specific countries.
The Council has failed to take meaningful action to address the alarming situation on the ground in Cambodia. We welcome and echo the joint statement on Cambodia by over 40 states calling for further action if the situation does not improve in the lead up to the elections and for a briefing by the High Commissioner before the next Council session. We are concerned by Cambodia’s attempt to shut down criticism under item 10 debate on the worsening human rights situation in the country, as they are doing domestically.
We are disappointed by the weak outcome on Libya. Given the gravity of the human rights situation on the ground and the lack of accountability for crimes under international law, the Council cannot justify the lack of a dedicated monitoring and reporting mechanism.
We welcome the co-sponsorship of the Myanmar resolution by groups of States from all regions, making a joint commitment to address the continuing human rights violations and crimes against humanity in the country and support for the Special Rapporteur and Fact-Finding Mission to fulfil its mandate to establish truth and ensure accountability for perpetrators.
We also welcome the renewal of the mandate of the Commission on Human Rights in South Sudan allowing it to continue its vital investigations and identification of perpetrators. These developments acknowledge the importance of accountability for serious human rights violations and crimes under international law, which cannot be understated.
We welcome the adoption of the resolution on drugs and human rights as the OHCHR report will provide human rights indicators related to the drug issue that would help in future policies.
We welcome the resolution on Eastern Ghouta adopted after an urgent debate, demonstrating how this Council can respond in an agile manner to crises.
Having long supported the resolution on “protection of human rights while countering terrorism”, we appreciate the efforts that led to the end of the separate and deeply flawed initiative on “effects of terrorism on the enjoyment of human rights“. Future versions of the resolution must address the relevant issues exclusively and comprehensively from the perspective of the effective protection of human rights.
We welcome the Dutch-led joint statement on strengthening the Council, emphasising the importance of substantive civil society participation in any initiative or process and that the Council must be accessible, effective and protective for human rights defenders and rights holders on the ground.
Finally, we call on the Bureau co-facilitators on improving the efficiency and strengthening the Council to closely engage with all Members and Observers of the Council, human rights defenders and civil society organisations not based in Geneva.”
Mar 22, 2018 | Advocacy, Non-legal submissions
The ICJ today highlighted at the UN the need for further action to address impunity in Sri Lanka and in Colombia.
The statement, delivered in a general debate at the UN Human Rights Council, responded to UN reports on Sri Lanka and Colombia, and read as follows:
Sri Lanka has not made sufficient progress on its commitments and obligations as reflected in Council resolution 30/1. Among the mechanisms contemplated, only the Office on Missing Persons (OMP) is operational. The process for establishing the other mechanisms, and the extent to which their composition will be based on the broad national public consultations carried out in 2016, remains unclear. The ICJ reiterates that, in line with operative paragraph 6 of resolution 30/1, the accountability mechanism cannot be seen as credible without involvement of international judges, prosecutors and investigators.
Furthermore, despite promises to repeal the Prevention of Terrorism Act (PTA), arrests still take place. As the High Commissioner recommended, the PTA should be promptly repealed without waiting for replacement legislation. Any proposed counterterrorism law must comply with international human rights standards.
In Colombia, the ICJ shares OHCHR’s deep concern about the exclusion of non-military State agents and private individuals from the scope of mandatory application of the Integrated System of Justice, Truth, Reparations and Guarantees of Non-repetition (per paragraph 90 of the Report). Furthermore, four months of unjustified delay by the Government in accrediting the new representative of the OHCHR Office, which ended only yesterday, undermined the ability of the Office to provide adequate technical assistance to guarantee victims’ rights in the Integrated System, as provided for by the Peace Agreement.”
[Paragraph 6 of Human Rights Council resolution 30/1 provides that the Council, “Welcomes the recognition by the Government of Sri Lanka that accountability is essential to uphold the rule of law and to build confidence in the people of all communities of Sri Lanka in the justice system, notes with appreciation the proposal of the Government of Sri Lanka to establish a judicial mechanism with a special counsel to investigate allegations of violations and abuses of human rights and violations of international humanitarian law, as applicable; affirms that a credible justice process should include independent judicial and prosecutorial institutions led by individuals known for their integrity and impartiality; and also affirms in this regard the importance of participation in a Sri Lankan judicial mechanism, including the special counsel’s office, of Commonwealth and other foreign judges, defence lawyers and authorized prosecutors and investigators;”]
Jan 30, 2018 | Agendas, Events
The ICJ invites you to an event to discuss challenges in prevention of, and accountability for, violations of human rights in renditions and other transfers of suspects, including through past European complicity in US-led renditions, and in ongoing transfers of suspects in the CIS region.
Join us for a discussion marking the EU launch of the International Commission of Jurists’ report, Transnational Injustices: National Security Transfers and International Law. The event is kindly hosted by Ana Gomez and Eva Joly, MEPs.
Panelists will discuss the ongoing practice of states unlawfully rendering people accused of terrorism, accountability for violations of human rights in past renditions, and how the EU institutions and EU Member States should address these.
When: Tuesday 30 January 16.00 – 18.00
Where: Room A5G305, European Parliament, Brussels
RSVP to: anamaria.gomes@europarl.europa.eu
Speakers include:
- Ana Gomes, Member of the European Parliament
- Eva Joly, Member of the European Parliament
- Róisín Pillay, International Commission of Jurists
- Natacha Kazachkine, Open Society European Policy Institute
A flyer for this event is available in PDF format by clicking here.
Nov 10, 2017 | News
As Pakistan is set to undergo its third Universal Periodic Review (UPR) on 13 November, the ICJ has urged Pakistani authorities to meaningfully engage with the process to improve the human rights situation in the country.
“Pakistan’s past engagement with the UPR has been characterized by denial and defensive posturing,” said Frederick Rawski, ICJ’s Asia Director.
“As a recently-elected member of the UN Human Rights Council, it is more important than ever for the Pakistan to show that it takes its human rights obligations seriously by engaging with the upcoming UPR in its true spirit,” he added.
During its second UPR in 2012, Pakistan received 167 recommendations, of which it rejected seven, noted 34, and accepted 126.
The seven recommendations rejected by Pakistan relate to some of the most serious human rights violations in the country, including recommendations to adopt an official moratorium on the death penalty with a view to abolishing capital punishment in law and practice, repeal blasphemy laws, and decriminalize adultery and non-marital consensual sex.
Even accepted recommendations have been largely ignored in the four years since the previous UPR, the ICJ notes.
Enforced disappearances are still not recognized as a distinct, autonomous crime; perpetrators of gross human rights violations continue to escape justice; there has been complete inaction to prevent abuse of so-called blasphemy laws; and freedom of expression is often restricted on vague grounds such as “national security” and “immorality”.
“Pakistan’s human rights situation has in many ways deteriorated since 2012,” Rawski added.
“Yet – as reflected by Pakistan’s national report for the upcoming UPR – the authorities apparently remain in a state of denial about the dire human rights implications of these new measures,” he said.
These measures include the lifting the informal moratorium on the death penalty and carrying out nearly 500 executions in less than three years – among the highest in the world; passing laws allowing military courts to try civilians for certain terrorism-related offences; and a new wave of crackdowns on NGOs, journalists and human rights defenders, including retaliating against NGOs for presenting “a very bleak picture” of the country’s human rights situation to the UN.
“UN member states on Monday should urge Pakistan to end the dangerous downward spiral on rights by ending repression, respecting fundamental freedoms, and holding perpetrators of violations responsible,” Rawski said.
Contact
Frederick Rawski, ICJ Asia Pacific Regional Director, t: +66 64 478 1121, e: frederick.rawski(a)icj.org
Reema Omer, ICJ International Legal Adviser for Pakistan (London), t: +447889565691; e: reema.omer(a)icj.org
Additional information
The UPR is a unique mechanism of the UN Human Rights Council aimed at improving the human rights situation of each of the 193 UN Member States. Under this mechanism, the human rights record of all UN Member States is peer-reviewed every four to five years by the UPR Working Group, consisting of the 47 UN Member States of the Human Rights Council; however, any UN Member State can take part in the discussions and the dialogue during the UPR of the reviewed States. States then make recommendations to the country under review, which has the option of accepting or noting the recommendations.
Oct 9, 2017 | Events, News
The ICJ, the Center for Human Rights and Global Justice and Amnesty International invite you today to an event to discuss challenges in prevention of, and accountability for, violations of human rights in the US-led rendition system, and in transfers of suspects in the CIS region.
Join us for a moderated discussion marking the U.S. launch of the International Commission of Jurists’ report, Transnational Injustices: National Security Transfers and International Law.
Panelists will discuss the ongoing practice of states unlawfully rendering people accused of terrorism, particularly in Russia and Central Asia, and explore the extent to which the impact of the CIA’s notorious extraordinary renditions can still be felt today.
When: Monday, October 16, 2017 – 12:45 pm to 2:15 pm
Where: Lester Pollack Colloquium Room – Furman Hall, 9th Floor, NYU School of Law – 245 Sullivan Street, New York City
RSVP here
Refreshments will be served
Speakers:
- Sam Zia-Zarifi, Secretary General, ICJ
- Róisín Pillay, European and CIS Programme Director, ICJ
- Margaret Satterthwaite, JD ’99, Professor of Clinical Law, NYU School of Law
Moderated by Julia Hall, Expert on Counter-Terrorism and Human Rights, Amnesty International
A flyer for this event is available in PDF format by clicking here.
