Jun 9, 2017 | Advocacy, Non-legal submissions
Today the ICJ delivered an oral statement on discrimination against women in access to justice at the UN Human Rights Council in Geneva.
The statement came during an interactive dialogue with the Working Group on the issue of discrimination against women in law and in practice. Ms Alda Facio, Chair of the Working Group, presented the Working Group’s latest report which highlighted examples of good practice in eliminating discrimination against women.
The ICJ stated as follows:
The ICJ would like to thank the Working Group for its report and welcomes its positive focus in highlighting examples of good practice, whilst continuing to note that discrimination against women remains a multifaceted and systemic problem.
The ICJ shares the Working Group’s concerns about the intense backlash against women’s rights gains in national, regional and international spheres. We are particularly concerned about the levels of discrimination women continue to face in accessing the justice required to uphold their human rights.
The ICJ has been working for a number of years, in different regions and with different stakeholders, to identify the discriminations women face in accessing justice and to consider the opportunities that can be used to address these discriminations. The importance of applying a gendered analysis to the law and the way that this is accessed and applied is essential to the elimination of discrimination in this area.
The ICJ supports the Working Group’s identification of the fundamental importance of incorporating international human rights standards into domestic legal frameworks to ensure gender equality protections. In the context of the 2030 Agenda, and with particular reference to Sustainable Development Goals 5 and 16, the ICJ encourages States to ensure that any laws and practices that discriminate against women in accessing justice are repealed, and to recall that any exceptions on the grounds of culture, religion or tradition are unacceptable.
Whilst discrimination against women in access to justice has been well documented and is by no means a new phenomenon, it is highly alarming that the problem is worsening in a number of states. The ICJ would ask that the international community remains vigilant about these potential regressions and commits to holding to account any States that fail to fulfil their international obligations to ensure access to justice for women.
Jun 9, 2017 | Advocacy, Non-legal submissions
The ICJ today delivered an oral statement at the UN Human Rights Council, addressing global responses to corporate impunity, and addresing the role of judges and lawyers in relation to refugees and migrants.
The statement came in a clustered interactive dialogue with the UN Working Group on Business and Human Rights and the Special Rapporteur on the Human Rights of Migrants. These independent experts appointed by the Council were presenting their respective annual reports to the Council.
The ICJ stated as follows:
The ICJ welcomes the Study of the Working Group on Business and Human Rights, on cross-border cooperation between States with respect to law enforcement in relevant cases (A/HRC/35/33). The ICJ concurs with the Working Group’s concern for the “lack of political will by States to address business-related human rights abuses through the lens of criminal law” (para. 4) and the near-total lack of investigations and prosecutions against companies regarding human rights abuses and international crimes (para. 87).
The ICJ also concurs that a global approach is needed to address corporate impunity and supports the Working Group’s recommendations for adoption of legal frameworks imposing liability on legal entities (para. 93), creation of specialized investigative and prosecutorial units in cross-border human rights cases, and joint investigations. The ICJ would like to ask how the Working Group will support States to put these recommendations into practice?
The ICJ also welcomes the proposal of the Special Rapporteur on the Human Rights of Migrants for a 2035 agenda for facilitating human mobility. We particularly support the goal of effective access to justice for all migrants, and the targets and indicators on access to lawyers and courts for this goal, and in relation to returns and detention.
The ICJ has published a set of Principles on the Role of Judges and Lawyers in Relation to Refugees and Migrants, developed in consultation with leading practitioners and experts from around the world. We encourage States and other actors to take account of the detailed guidance in the ICJ Principles, including during the process for adoption of the Global Compacts foreseen by the New York Declaration for Refugees and Migrants, and in considering the Special Rapporteur’s proposal. We would like to ask the Special Rapporteur how States can better recognise and enable the role of judges and lawyers in relation to migrants?
The Chair of the Working Group on Business and Human Rights, in his concluding remarks, recognised the statement of the ICJ, and answered that the Working Group plans to follow up its report with a continuing conversation about its recommendations, and will reach out to stakeholders for further consultation on what more the WG can do in this regard.
The Special Rapporteur on Human Rights of Migrants also recognised the statement of the ICJ, and in his reponse emphasised that access to justice for migrants is key, including competent well-resourced lawyers, access to meaningful recourse, better funding for National Human Rights Institutions and ombudspersons, and providing in administrative law procedural safeguards that are commensurate to the risks that migrants face when such decisions are applied to them.
May 10, 2017 | Advocacy, News, Non-legal submissions
The ICJ emphasised the role of judges and lawyers in protecting human rights of migrants, during consultations at the UN in Geneva, as part of the preparatory process for a Global Compact on migration.
The informal consultation was convened by the UN General Assembly and held in Geneva on 8-9 May 2017. With a focus on human rights of migrants, it was the first thematic consultation to be held in connection with ongoing efforts by States to agree a UN global compact for safe, orderly and regular migration.
In addition to a written submission, the ICJ made statements during the main discussion, and as part of the concluding discussions.
The initial statement highlighted the recently published Principles on the Role of Judges and Lawyers in relation to Refugees and Migrants, developed by the ICJ in consultation with a wide range of relevant experts.
The concluding statement emphasised that effective protection of human rights, including of migrants, requires equal and effective access to impartial courts and independent lawyers, and urged States to ensure that the need for legal and practical guarantees for such access is reflected in the Global Compact eventually to be adopted. Indeed, the ICJ noted, access of individuals to a means of their enforcement is a key element distinguishing durable “rights” from, for instance, welcome but not necessarily permanent generosity.
For more information about the Principles on the Role of Judges and Lawyers in relation to Refugees and Migrants, click here.
Mar 13, 2017 | Advocacy, Non-legal submissions
The ICJ today delivered a joint NGO oral statement to the UN Human Rights Council on the need in Myanmar for an international Commission of Inquiry and for an independent and self-governing legal profession.
In the statement, the International Commission of Jurists, joined by the International Bar Association’s Human Rights Institute and Lawyers’ Rights Watch Canada, welcomed the report of the Special Rapporteur on the situation for human rights in Myanmar, and her recommendation for a Commission of Inquiry to investigate persecution of Rohingya and other minorities in Rakhine State.
Since 9 October 2016, Myanmar’s security forces have reportedly targeted Rohingya during “clearance operations” which have no basis in law. Attacks against women, men, and children allegedly have involved extrajudicial killings; enforced disappearances; torture and other ill-treatment including rape and other sexual violence; hundreds of arbitrary arrests and detentions; forced displacement; and looting and destruction of homes, food and other property.
To date, authorities in Myanmar appear to have been unwilling or unable to investigate abuses or hold perpetrators accountable. Several national investigation commissions have lacked impartiality and independence. National judicial and law enforcement authorities lack capacity and independence to address this situation. Accordingly, we urge Council to adopt a resolution at this session establishing an international, independent Commission of Inquiry to assess facts, identify causes and perpetrators, and issue recommendations including remedies for victims.
The recent killing of lawyer U Ko Ni, who strongly advocated against religious discrimination and for inter-communal peace, must be subject to a prompt, impartial and effective investigation capable of identifying all those responsible and holding them accountable in a fair trial. It also underscores the urgent need for an independent and self-governing legal profession in Myanmar, enabled to uphold human rights and the rule of law without fear.
The statement may be downloaded in PDF format here: HRC34-OralStatement-Myanmar-2017
Mar 10, 2017 | Advocacy, Non-legal submissions
The ICJ made a joint statement on the report of the Open-ended intergovernmental Working Group on Transnational Corporations and Other Business Enterprises.
The intervention was made at the United Nations Human Rights Council on behalf of Franciscans International, International Commission of Jurists, Colombian Commission of Jurists and the International Federation of Human Rights Leagues (FIDH). All are members of the civil society coalition: “Treaty Alliance”.
The statement read as follows:
Our organizations welcome the report on the second session of the Open-ended Intergovernmental Working Group on Transnational Corporations and Other Business Enterprises with respect to human rights.
We are encouraged by the growing participation of States and other stakeholders in interesting and constructive discussions but remain concerned by the failure of some States to truly engage constructively with the process.
Civil society groups documented in these years countless cases of business involvement in human rights abuses. This demonstrates that existing mechanisms could be useful but are not sufficient and that a new binding instrument at the global level is needed.
The treaty should address all business enterprises and give States the tools to tackle the particular challenges posed by transnational corporations, providing the necessary protection to victims of human rights abuses, including Human Rights defenders who are targeted for their work and opinion.
Access to effective remedy and reparations remain problematic at the domestic and cross-border levels. In order to achieve the effective protection of human rights from business related abuses, the treaty should build on and go beyond existing international human rights standards and instruments.
We call on the Chair-Rapporteur to present a draft elements paper in accordance with the mandate of the Open ended Working Group. This paper should be as detailed as possible and reflect the discussions of the first two sessions, in order to facilitate the start of meaningful negotiations at the third session in October 2017.
We urge all stakeholders, especially States, to engage in constructive and substantive discussions on the content and scope of this instrument in the perspective of the third session.
The statement can be downloaded in PDF format here: HRC34-Joint Statement-IGWG Transnational Corporations-Advocacy 2017
