May 7, 2013 | Advocacy, Legal submissions
The ICJ today submitted to the United Nations a written statement concerning corporate complicity in human rights abuses and access to justice for victims of such abuses.
The statement is made ahead of the UN Human Rights Council’s 23rd session (27 May to 14 June 2013) and comments on a report of the Council’s Working Group on human rights and transnational corporations and other business enterprises.
Setting out issues concerning obstacles to justice for victims of human rights abuses by business enterprises, the ICJ calls on the Working Group to take various steps to address such issues, including by:
- Exploring the further development of international standards;
- Raising specific allegations of corporate abuse with relevant State authorities and business enterprises; and
- Addressing more clearly the issue of access to justice in cases of corporate complicity.
HRC23-Item3-WGBHR-WrittenStatement-LegalSubmission-2013 (download statement in PDF)
Apr 29, 2013 | News
The Bahrain authorities must fully cooperate with the UN mechanisms and implement the recommendations of the Bahrain Independent Commission of Inquiry (BICI) set up by the Government of Bahrain in June 2011.
The ICJ further calls on the Bahrain authorities to ensure that the recommendations from the UN Universal Periodic Review process in September 2012 are implemented in full and in good faith and, to this end, immediately extend an invitation with specific dates to the UN Special Rapporteur on torture, Juan E. Méndez (photo).
The statement comes as the authorities in Bahrain effectively cancelled a visit of the Special Rapporteur for the second time, a previous visit in March 2012 also having been postponed at the last minute.
“As a former member of the BICI, I find it extremely disappointing that Bahrain has taken this decision for the second time. It keeps dangling the possibility of a visit when it is under pressure to do something about implementing the BICI recommendations,” said Sir Nigel Rodley, President of the ICJ. “One does not have to be a cynic to infer that once the pressure eases – for example, because the Human Rights Council has concluded its review of Bahrain’s human rights performance or the Formula One race is over – it can then withdraw its invitation. I hope the international community will take account of this pattern, when reacting to positive assurances from the authorities. Promises are no substitute for implementation.”
The report of the BICI, published in November 2011, documented numerous cases of torture and ill-treatment.
It further made crucial recommendations for reform so as to prevent these and other violations in the future, including effective investigations into all cases of torture and ill-treatment by an independent and impartial body; the establishment of a standing independent body to examine all complaints of torture or ill-treatment, excessive use of force or other abuses at the hands of the authorities; and the compensation and provision of remedies for all victims.
“The BICI’s recommendations included ones to address the serious problem of torture in Bahrain, a problem I had identified in the 1990s when I held the mandate Juan Mendez now discharges with consummate professionalism. One may perhaps be pardoned for considering that the only threat posed by the visit to the political situation is the fear of what information would be uncovered by the visit,” Sir Nigel Rodley concluded.
Contact:
Said Benarbia, ICJ Senior Legal Adviser of the Middle East and North Africa Programme, t: +41 22 979 3817, e-mail: said.benarbia(a)icj.org
UN Photo/Rick Bajornas
Mar 21, 2013 | News
A resolution adopted today by the UN Human Rights Council highlights the Sri Lankan Government’s ongoing failure to provide accountability for serious violations of human rights and the laws of war, the ICJ said.
“The ICJ welcomes this resolution as it underscores the international community’s continuing concern about the horrific atrocities committed by all sides to the Sri Lankan conflict,” said Alex Conte, Director of ICJ’s International Law and Protection Programmes. “The UN, as well as the Commonwealth and other international organizations interested in helping the Sri Lankan people, should now press and assist the Sri Lankan Government to show tangible implementation of their oft-repeated promises.”
Twenty-five States supported the resolution, following from a similar resolution adopted by the Council on Sri Lanka last year.
The resolution reiterates the need for the Sri Lankan Government to demonstrate tangible steps to ensure accountability for violations of human rights and the laws of war, especially during the final months of the three-decade long conflict in 2009.
In particular, the resolution calls on the Sri Lankan Government to implement the recommendations of its own Lessons Learnt and Reconciliation Commission (LLRC).
The LLRC was widely criticized by Sri Lankan civil society as well as international observers as falling short of international standards of providing accountability.
“Sri Lanka has a long history of promising justice but delivering impunity, and the LLRC is only the most recent example of that. With this resolution, the international community shows it wants to see concrete action,” Conte added. “Not only has the Sri Lankan Government not addressed the violations of the past, but there are strong indications that the rule of law has significantly deteriorated.”
The resolution notes with concern the ongoing reports of human rights violations being committed with impunity in Sri Lanka, including enforced disappearances, extrajudicial killings and torture.
In October 2012, the ICJ released a 150-page report Authority without Accountability: The Crisis of Impunity in Sri Lanka, documenting the systematic erosion of accountability mechanisms in Sri Lanka.
In recent months, Sri Lanka’s Government has stepped up its assaults on the independent functioning of the judiciary. In particular, the country’s Chief Justice was removed from office after she had challenged the legality of Government efforts to consolidate authority. The heavily politicized impeachment process was declared unconstitutional by the Supreme Court of Sri Lanka and was inconsistent with international human rights law and standards.
“In light of this resolution and the situation in Sri Lanka, the Commonwealth should change its plans to hold the 2013 Commonwealth Heads of Government Meeting in Colombo,” said Conte. “Sri Lanka has demonstrated its rejection of the Commonwealth Principles, notably democracy, the independence of the judiciary and human rights. This will no doubt be further confirmed when the High Commissioner for Human Rights presents her oral update to the Human Rights Council in September this year, just two months ahead of the scheduled Heads of Government Meeting.”
The ICJ has urged the Commonwealth Ministerial Action Group (CMAG), which meets next month, to address the human rights situation in Sri Lanka with the objective of removing its right to host the Heads of Government Meeting.
CONTACT:
Sam Zarifi, ICJ Asia-Pacific Regional Director, (Bangkok); t:+66(0) 807819002; email: sam.zarifi(at)icj.org
Sheila Varadan, ICJ Legal Advisor, South Asia Programme (Bangkok); t: +66 857200723; email: sheila.varadan(at)icj.org
NOTES:
- The resolution of the Council was adopted by 25 votes in favor, 13 against and 8 abstentions (with Congo, Ecuador, Indonesia, Kuweit, Maldives, Mauritania, Pakistan, Philippines, Qatar, Thailand, Uganda, United Arab Emirates and Venezuela voting against; and Angola, Botswana, Burkina Faso, Ethiopia, Japan, Kazakhstan, Kenya, Malaysia abstaining)
- The resolution was led by the United States of America and co-sponsored by Austria, Canada, Estonia, Germany, Ireland, Italy, Montenegro, Poland, Romania, Spain, and Switzerland; as well as by the following non-member States of the Council: Belgium, Bulgaria, Croatia, Denmark, Finland, France, Georgia, Greece, Hungary, Iceland, Liechtenstein, Lithuania, Malta, Monaco, Norway, Portugal, Saint Kitss and Nevis, Slovakia, Slovenia, Sweden and the United Kingdom of Great Britain and Northern Ireland.
- In January 2012, Chief Justice Dr Shirani Bandaranayake was removed in an impeachment process that violated international standards of due process and was declared unconstitutional by the Supreme Court. The impeachment was widely condemned internationally. The ICJ issued a letter supported by fifty-six senior jurists from over thirty countries worldwide.
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Mar 19, 2013 | Advocacy, Non-legal submissions
The ICJ today welcomed the recent deposit of the tenth instrument of ratification to the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights (ICESCR).
Noting that the entry into force of the Optional Protocol (OP) on 5 May 2013 will mark an historic boost to the international protection of economic, social and cultural rights, the ICJ called on the Human Rights Council and its members to become party to the OP and other individual communications procedures of the treaty bodies.
The ICJ’s statement was made during the General Debate under Item 8 of the Human Rights Council’s agenda (follow-up and implementation of the Vienna Declaration and Programme of Action) during the 22nd regular session of the Council (25 February to 22 March 2013).
HRC22-Item8GD-OPICESCR-NonLegalSubmission-2013 (download full statement in ODF)
Mar 15, 2013 | Advocacy, Non-legal submissions
The ICJ today called on the Government of Sri Lanka to reconsider its rejection of key UPR recommendations on accountability and judicial independence and integrity.
In an Interactive Dialogue to consider the adoption of the outcome document on the Universal Periodic Review of Sri Lanka, the ICJ pointed to the urgent need for the Government to fully implement its legal obligations and commitment to initiate credible and independent actions to ensure justice, equity, accountability and reconciliation. Also pointing to the impeachment of the Chief Justice of Sri Lanka and attacks against the judiciary, the ICJ urged the Government to accept recommendations to strengthen and ensure judicial independence and the integrity of the judiciary.
The statement was made during the Human Rights Council’s 22nd regular session (25 February to 22 March 2013) under Item 6 (Universal Periodic Review), following the review of Sri Lanka in by the Council’s Working Group on the UPR.
SriLanka-HRC22-Item6-UPRSriLanka-NonLegalSubmission-2013 (download full statement in PDF)
SriLanka-UPR-StakeholderSubmission-LegalSubmission-2012 (go to webpage on the ICJ’s submission on the UPR of Sri Lanka)
