Mar 8, 2016 | Advocacy, Non-legal submissions
The ICJ spoke today at the UN Human Rights Council, addressing the human rights impacts of tax evasion and avoidance, and on women’s access to food and the right to food.
The statement was made in an interactive dialogue with the Independent Expert on the effects of foreign debt, and the Special Rapporteur on the right to food.
The statement addressed the following points, among others:
Welcoming the report of the Independent Expert, the ICJ highlighted that tax evasion and tax avoidance are forms of business’ misbehaviour that are facilitated by inadequate legislation and lack of international frameworks and cooperation in tax matters, and as such need to be tackled by the international community. This is all the more important now that the private sector has been assigned a greater role in the achievement of the 2030 development goals. In this regard, the recommendations by these Special Procedures should receive careful consideration.
The ICJ also welcomed the report on Women’s access to food by the Special Rapporteur on the Right to Food. The report highlights the legal barriers in domestic law that prevent women from fully realizing their right to food, including property rights, land rights and intellectual property rights. The report also highlights the negative impact of certain economic and market models as well as agribusiness corporations in enhancing women’s difficulties in accessing food and achieving food security.
The full statement may be downloaded in PDF format here: HRC31-OralStatement-IEforeigndebt-2016
Mar 4, 2016 | Advocacy, Non-legal submissions
The ICJ prepared an oral statement on the situation of human rights defenders in Malaysia, for today’s interactive dialogue at the Human Rights Council with the UN Special Rapporteur on the situation of human rights defenders.
The statement could not be delivered in the limited time available for civil society statements; its text is set out below:
ICJ Oral Statement in the Interactive Dialogue with the Special Rapporteur on the situation of human rights defenders, Mr. Michel Forst
SITUATION OF HUMAN RIGHTS DEFENDERS IN MALAYSIA
3 March 2016
“The International Commission of Jurists (ICJ) welcomes the report of the Special Rapporteur on the situation of human rights defenders.
The work of human rights defenders is particularly under challenge in States where governments have conferred on themselves sweeping powers to restrict human rights on grounds of national security. One example, as reflected in the Special Rapporteur’s “Observations on communications” (UN Doc A/HRC/31/55/Add.1), is the situation of human rights defenders in Malaysia.
The ICJ welcomes the Attorney General’s decision to drop sedition charges against law lecturer Dr. Azmi Sharom; however, the Sedition Act and the Peaceful Assembly Act are still being abused to harass human rights defenders and others. Most recently, the High Court of Malaysia sentenced activist Hishamuddin Rais to nine months in jail for sedition, for calling for peaceful protest against the results of the 2013 general election on the basis that it was not transparent. Maria Chin Abdullah and Jannie Lasimbang, organizers of the Bersih 4.0 peaceful assembly calling for good governance, were charged under the Peaceful Assembly Act for allegedly omitting to inform the police about the assembly. There have reportedly been at least 91 cases of arrests, charges or investigations for sedition during 2015, and more than 30 cases of arrests under the Peaceful Assembly Act since 2013. Most, if not all, of these people are human rights defenders, including Eric Paulsen, the Director of Lawyers for Liberty, Adam Adli, a human rights activist, and Mandeep Singh, the Secretariat Manager of Bersih.
Unless repealed or drastically revised, these laws will continue to facilitate sweeping and arbitrary repression of freedoms of expression, assembly and association of human rights defenders, under the flag of national security. This contravenes the UN Declaration on Human Rights Defenders and numerous other resolutions of the Human Rights Council and General Assembly, including General Assembly resolution 70/161, adopted by the General Assembly in December with Malaysia voting in favor. Among other things, resolution 70/161 urged States ensure that human rights defenders are able to exercise the rights to freedom of opinion, expression, peaceful assembly and association, which are essential for the promotion and protection of human rights; and it emphasized that national security measures must not hinder the work and safety of individuals engaged in promoting and defending human rights.
In this context, the ICJ would like to ask the Special Rapporteur to comment on the obligations of governments to repeal or amend legislation that allows for abusive arrest or prosecution of human rights defenders on grounds such as “national security”, “sedition” or for not giving prior notice of assemblies.”
Oct 1, 2015 | News
At a two-day conference held in Bangkok, and first of its kind, committed to working to enhance the right to Freedom of Religion or Belief in Southeast Asia.
For the first time, approximately 70 human rights defenders, members of religious groups, rights groups, UN agencies and representatives from the ASEAN Intergovernmental Commission on Human Rights, ASEAN Commission on the Promotion and Protection of Rights of Women and Children, National Human Rights Institutions and other government agencies from across the region gathered together to discuss key pressing concerns regarding the right to freedom of religion or belief in Southeast Asia with the UN Special Rapporteur on Freedom on Religion or Belief, Heiner Bielefeldt.
The event was co-organized by the Asian Forum for Human Rights and Development (FORUM-ASIA), the ICJ, and Boat People SOS (BPSOS) from 30 September to 1 October 2015 in Bangkok, Thailand.
During the event, participants were able to deepen their understanding on the right to freedom of religion or belief under international law and standards, and how religious freedom and other human rights should be interpreted and applied in a complementary manner.
“Many people suffer complex violations of their human rights, for example in the intersection of religious minority status, ethnicity, gender, sexual orientation or indigenous origin,” said Heiner Bielefeldt.
The two-day conference also successfully provided a multi-stakeholder platform for the participants to share challenges and best practices, as well as brainstorm ideas on addressing violations related to state control and regulation of religion, and extreme interpretations of religion.
“The politicization of religion undermines freedom of religion or belief, not only to the detriment of minorities, but also of followers of majority religions who do not wish to see their faith be turned into a tool of political power gambling,” added the Special Rapporteur.
Notable suggestions raised by the group on addressing identified obstacles to the free practice of religion or belief included the need for reforms, such as the repeal of blasphemy laws and mandatory registrations, and the importance of dialogue between groups of the same faith, as well as those of different religions.
“We need more cooperation across boundaries, including between faith-based and secular civil society organization,” stressed the expert.
Participants at the conference also recognized the opportunity presented before them in advancing freedom of religion or belief in the region and committed to working to enhance this right by reaffirming:
- Article 18 of the Universal Declaration of Human Rights, which declares: “Everyone has the right to freedom of thought, conscience and religion; this right includes freedom to change his religion or belief, and freedom, either alone or in community with others and in public or private, to manifest his religion or belief in teaching, practice, worship and observance.”
- Freedom of religion or belief is an inalienable, non-derogable human right, encompassing the right to hold or not to hold any faith or belief, to change belief, and to be free from coercion and to manifest religion or belief.
- For freedom of religion or belief to be fully enjoyed, other human rights must also be respected, particularly the principle of nondiscrimination and freedoms of expression, assembly, association, education, and movement.
The participants also committed to:
- Defend and promote freedom of religion or belief as a universal, inalienable and non-derogable human right, as set out in the Universal Declaration, in international law and declarations, and in the work of national, regional, and global institutions.
- Defend and promote freedom of religion or belief for all persons, as individuals and in community with others, through their work and respective institutions by sharing information and mobilizing effective responses.
- Work toward the nondiscriminatory realization of freedom of religion or belief in recognition of multiple and intersectional discriminations and vulnerabilities, including, among other grounds, on grounds of ethnicity, indigenous identity, gender, sexual orientation, citizenship, and disabilities.
- Enhance global and regional cooperation by working across geographical, national, racial, ethnic, political and religious boundaries.
- Advocate for accountability and remedies for individuals and communities suffering from violence, persecution, discrimination, harassment, marginalization or other abuses of human rights because of their religion or belief.
- Express and act in solidarity with individuals and communities suffering from violence, persecution, discrimination, harassment, marginalization or other abuses of human rights because of their religion or belief.
The Conference Declaration was based on the Charter for Freedom of Religion or Belief and the New York Resolution for Freedom of Religion or Belief of the International Panel of Parliaments for Freedom of Religion or Belief (IPPFORB).
South East Asia-Decla Freedom of religion-Advocacy-2016-ENG (full Declaration, in PDF)
Sep 29, 2015 | Events, News
From 30 September to 1 October 2015, the Asian Forum for Human Rights and Development (FORUM-ASIA), International Commission of Jurists (ICJ), and Boat People SOS (BPSOS) will jointly organize a conference in Bangkok.
The regional conference will discuss pressing concerns on the promotion and protection of freedom of religion or belief.
The UN Special Rapporteur on Freedom on Religion or Belief, Mr. Heiner Bielefeldt, will be joined by approximately 60-70 human rights defenders, members of religious groups, rights groups, UN agencies and representatives from the ASEAN Intergovernmental Commission on Human Rights, ASEAN Commission on the Promotion and Protection of Rights of Women and Children, National Human Rights Institutions and other government agencies.
The event will provide a multi-stakeholder platform to discuss key emerging issues, distinct and shared challenges faced by various Southeast Asian religious groups and advocates of religious freedom, identify advocacy strategies and best practices to overcome these obstacles, and to strengthen cooperation between the different stakeholders important in promoting freedom of religion or belief in Southeast Asia.
The event will also be an opportunity for participants to have a better understanding of the mandate of the UN Special Rapporteur on freedom of religion or belief.
Some of the key topics expected to be discussed include state control and regulation of religion, extreme interpretations of religion, and how freedom of religion together with other human rights are complementary or mutually reinforcing.
Upon the completion of the conference, the Special Rapporteur will hold a press briefing at the Foreign Correspondents’ Club of Thailand (FCCT) at 7.30pm on 1 October 2015 to provide an overview of the status of freedom of religion or belief in Southeast Asia and how this right could be better protected and promoted.
Sep 18, 2015 | Advocacy, Non-legal submissions
The ICJ today delivered an oral statement at the UN Human Rights Council in the General Debate on item 3, concerning judicial accountability, and on the link between ESC rights and enforced or involuntary disappearances.
In the statement, the ICJ welcomed the focus on judicial reform and accountability of judges in the report of the Special Rapporteur on the promotion of truth, justice, reparation and guarantees of non-recurrence.
The ICJ also welcomed the initiative of the Working Group on Enforced or Involuntary Disappearances to address more systematically and comprehensively the relationship between disappearances and the realization (or lack thereof) of economic, social and cultural rights.
The full statement may be downloaded in PDF format, here: UN-Advocacy-HRC30-OralStatement-GDItem3-2015-ENG
