Jul 10, 2020 | Advocacy, Non-legal submissions
The ICJ and the Zimbabwe Human Rights NGO Forum highlighted today concerns on freedom of association and assembly in Zimbabwe, on the occasion of discussion by the Human Rights Council of a report of the relevant UN expert’s visit to the country.
The statement was prepared for delivery in an oral interactive dialogue with the UN Special Rapporteur on freedom of association and assembly on his reports to the Human Rights Council, including the report of his visit to Zimbabwe in September 2019.
The statement could not actually be read aloud due to the limited time for civil society statements in the dialogue.
The joint statement reads as follows:
“ICJ and the Forum welcome the report by the Special Rapporteur which acknowledges the continued restrictions on the enjoyment of the rights to freedom of peaceful assembly and of association in Zimbabwe.
The report mentions the use of excessive and lethal force by security forces; the use of military forces in managing protest; and the subsistence of repressive laws that curtail the enjoyment of the rights to Freedom of assembly and association.
ICJ and the Forum agree with the findings by the Special Rapporteur that the use of disproportionate and excessive force by the security has resulted in massive violations against protestors. In January 2019 following the “shutdown protests”, the Forum documented at least 1800 violations including 17 killings, 16 cases of rape and 81 victims were treated for gunshot wounds while ICJ documented at least 77 incidences of violation of fair trial rights of protestors.
The Maintenance of Peace and Order Act [Chapter 11:23] (MOPA) was enacted into law in November 2019 to repeal the Public Order and Security Act (POSA). MOPA reveal common similarities with POSA and maintains problematic provisions that do not guarantee the right to peaceful assembly.
ICJ and the Forum wish to draw the attention of the Special Rapporteur to the ongoing violations which have escalated in the context of the COVID-19 lockdown enforcement and the declining economic and social situation in Zimbabwe. While public health measures are crucial, these must be advanced in ways that do not unduly infringe on the rights to freedom of peaceful assembly and of association.
The government of Zimbabwe must be encouraged to comply with International human rights standards and guidelines such as the Guidelines for the Policing of Assemblies by Law Enforcement Officials in Africa; the United Nations Basic Principles on the Use of Force and firearms by law enforcement officials and the 10 principles for the Proper Management of Assemblies developed by the mandate in 2016.
ICJ and the Forum would to like to ask the SR what follow up he will do to monitor whether the Government of Zimbabwe complies with its international human rights obligations?”
The statement can be downloaded in PDF format here: UN-HRC44-statement-SRFoAA-2020
Dec 18, 2019 | Advocacy, News
On 17 December 2019, the ICJ co-hosted a discussion on extrajudicial killings in Thailand and the lack of progress in investigations of these killings, with an emphasis on the killings of ethnic, racial, or linguistic minorities or indigenous persons, including indigenous persons in Northern Thailand and ethnic Malays in Southern Thailand.
The discussion was held at the Faculty of Law of Chiang Mai University. The event bought together participants from the North and Deep South of Thailand who considered developing joint advocacy strategy to address the troubling practices.
The event commenced with panel discussions on extrajudicial killings in Thailand and obstacles in access to justice faced by minority communities. Panelists included family members of victims, civil society organizations, lawyers and academics. Affected persons shared their experience as victims of attempted extrajudicial killings or relatives of victims of extrajudicial killings. Other panelists shared information on the dire trend of killings in their regions; concerns regarding extra-judicial killings of unarmed suspects; barriers to access to justice, including financial barriers due to poverty, lack of legal information, lack of trust in the authorities, and language barriers for indigenous speakers. Several panelists expressed concerns that family members of the victims could not participate in the investigation process. Others spoke on the objection of authorities to carry out autopsies of suspected extrajudicial killings in the Deep South.
ICJ’s Legal Adviser Sanhawan Srisod highlighted that investigators and law enforcement officials need to take into account international law and standards. These include the revised Minnesota Protocol on the Investigation of Potentially Unlawful Death (2016), which was launched in Thailand on 25 May 2017; and the 1990 UN Basic Principles on the Use of Force and Firearms by Law Enforcement Officials. Different standards of operation between the police and the military to make arrests, which make military officers prone to violate the UN Basic Principles on the Use of Force and Firearms by Law Enforcement Officials. She also spoke on the different types of firearms that security personnel use and how they affect the proportionality of force; and the lack of guidelines on the use of firearms in arrest operations that is in compliance with international laws and standards.
A theater performance by Lanyim Theatre took place after the discussion.
The first panel was moderated by Pranom Somwong, Thailand’s Representative for Protection International. The panel included affected persons of an alleged extra-judicial killing from Thailand’s Deep South; Maitree Chamroensuksakul, from Rak Lahu Group and relative of a victim of an alleged extra-judicial killing in Northern Thailand; Prof. Somchai Preechasinlapakun, Head of Law Research and Development Center, Chiang Mai University; and Yureesa Samah, Officer of Duay Jai Foundation.
The second panel was moderated by Nadthasiri Bergman, Director of Human Rights Lawyers’ Association. The panel included Preeda Nakpiew, Lawyer of Cross-Cultural Foundation; Anukul Awaeputeh, Lawyer and Head of the Pattani branch, Muslim Attorney Center Foundation; Sumitchai Hattasarn, Lawyer and Director of Centre for the Protection and Revival of Local Community Rights; and Sanhawan Srisod, Legal Adviser of the ICJ.
The event was conducted in collaboration with Amnesty International Thailand; Cross Cultural Foundation; Human Rights Lawyers’ Association; Inter Mountain Peoples’ Education and Culture in Thailand Association (IMPECT); Legal Research and Development Center, Chiang Mai University; Office of the High Commissioner for Human Rights (OHCHR) Regional Office for South-East Asia; and Protection International.
Further reading
Thailand: ICJ co-hosts discussion on addressing extrajudicial killings
ICJ holds seminar at Chiang Mai University Thailand on the right to life and the duty to investigate
