Feb 17, 2020 | Advocacy, Non-legal submissions
The ICJ has urged expert members of the UN Human Rights Council Advisory Committee to focus on the most direct and acute human rights issues, including a human-rights based approach to victims of terrorism, as the Committee prepares a report on “effects of terrorism on all human rights”.
In an oral statement to the Advisory Committee’s ongoing 24th session in Geneva, the ICJ expressed grave concern about the content of the latest draft of the report, and the potential negative consequences for human rights protection of the report in its current form, and urged the Advisory Committee:
- To substantially revise and refocus the report to include a clear recommendation to the Council that the exclusive focus of the Council’s work should remain on the most acute issues from a human rights perspective: violations in countering terrorism and a human-rights based approach to victims of terrorism, along the lines already established by successive holders of the Special Rapporteur mandate.
- To recommend against the Council entering into more diffuse macroeconomic issues such as diverting foreign direct investment, reducing capital inflows, destroying infrastructure, limiting foreign trade, disturbing financial markets, and negatively affecting certain economic sectors and impeding economic growth.
- To avoid making recommendations that simply repeat already-existing obligations or commitments to counter terrorism under various UN or other instruments.
- To affirm that the existing and longstanding normative and institutional framework on counter-terrorism and human rights is already sufficient to address relevant impacts of terrorism from a human rights perspective.
Prior to the session, the ICJ together with other NGOs had filed a written statement alerting the Advisory Committee to the highly sensitive context into which its report would be delivered at the Council, and urging the Committee to guard against its work being instrumentalized by Egypt and other States who seek to distort, distract and divert the limited resources and attention of the Council and its Special Rapporteur, away from the longstanding focus, achieved by years of Mexican leadership with consensus support of the Council, on human rights in countering terrorism, and the human rights of victims of terrorism.
The Advisory Committee’s report was requested by a 2017 resolution led by Egypt, which was not a matter of consensus, and is being drafted by a former Ambassador of Egypt who is now a member of the Committee.
Earlier at the session, several States including the EU, Switzerland, and Mexico had expressed concern or otherwise questioned particular aspects of the current draft of the report, and urged the Committee to substantially review and revise the draft. Egypt, China, Russia and several other States expressed satisfaction with the draft and urged the Committee to quickly finalize the report and send it to the Council.
The Advisory Committee report is due to be presented to and considered at the September 2020 session of the Human Rights Council, although some Committee members expressed the wish to finalize the report at the current Committee session.
Jan 16, 2020 | Advocacy, Non-legal submissions
The ICJ has submitted information and recommendations for the upcoming review of the UN Global Counter-Terrorism Strategy, emphasising the need to strengthen the role of human rights in the framework and implementation of the strategy.
The submission was prepared in response to a call for civil society input, from the UN Office of Counter-Terrorism (UNOCT).
It summarizes recent ICJ activities relevant to implementation of the strategy, and urges among other things:
- removal of impediments to civil society participation in certain UN or other global policy-making processes;
- recognition that not only is violation of human rights in the context of countering terrorism, whether through arbitrary application or deliberate abuse, in itself unlawful and unacceptable, it also undermines the credibility and effectiveness of the struggle against terrorism;
- better recognition and implementation of the human rights of victims of terrorism;
- mainstreaming of human rights throughout the text and implementation measures for the Strategy as a whole;
- establishment of an independent human rights oversight entity within the UN counter-terrorism architecture;
- creation of a Civil Society Unit within UNOCT;
- increased resources for the UN Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism;
- increased engagement of the UN counter-terrorism architecture with OHCHR and with other UN Special Procedures;
- benchmarks and indicators for assessing States’ compliance with human rights obligations in implementation of the GCTS.
The complete submission can be downloaded in PDF format here: UN-Advocacy-GCTStrategy-2019
For more information contact un(a)icj.org
Dec 15, 2019 | Advocacy, Non-legal submissions
The ICJ has urged the UN Special Rapporteur on Independence of Judges and Lawyers to ensure that his upcoming report on challenges to the independence of prosecutors, fully addresses abuse of prosecution powers to target human rights defenders, political opponents or others, or giving rise to a more general and systemic lack of fair trial for accused persons, or entrenching impunity of State perpetrators of human rights violations, as among the dominant contemporary challenges to prosecutorial independence globally from a human rights perspective.
The Special Rapporteur has made clear his intention to address challenges to prosecutorial independence arising from transnational corruption and organized crime. While the ICJ certainly agrees that such interference can and does have impacts on human rights, to varying extents around the world, the ICJ submission also highlights and documents that threats to prosecutorial independence emanating from the prosecutor’s own Executive government should be seen to be of at least equal concern from a human rights perspective, globally, and should be fully addressed in any report on “contemporary challenges of prosecutorial independence” from a human rights perspective.
The ICJ’s submission can be downloaded in PDF format here: UN-Advocacy-SRIJLProsecutors-2019
Sep 20, 2019 | News
The ICJ welcomes this week’s visit to Uzbekistan of the UN Special Rapporteur on the independence of judges and lawyers, Diego García-Sayan, during which he will assess reforms of the judicial system, the independence of the judiciary and the independence and role of lawyers.
“The visit of the Special Rapporteur to Uzbekistan, at the invitation of the government, is an indication that the Uzbekistan authorities are serious about the ongoing reforms of the justice system. This visit is only a starting point for the deep reforms needed to establish an independent and fair justice system in Uzbekistan. Realising these reforms will require sustained commitment of all institutions of government, lawyers and civil society,” said Temur Shakirov, Senior Legal Adviser of the ICJ Europe and Central Asia Programme.
The ICJ, along with other NGOs and IGOs, met with the Special Rapporteur in Tashkent yesterday on the first day of his visit, and drew his attention to issues concerning the independence of judges and lawyers in Uzbekistan.
“The visit will be followed by the report of the Special Rapporteur containing findings and recommendations. These recommendations should be effectively implemented and the ICJ is committed to provide expert and other support in the Uzbekistan’s effort to bring its justice system in line with the recommendations,” Shakirov added.
Background
The visit of the UN Special Rapporteur on independence of judges and lawyers takes place from September 19-25, 2019.
The Special Rapporteur will hold meetings with representatives of the government, judiciary, prosecutors, lawyers and civil society and is expected to issue a report analyzing the independence of judges and lawyers in Uzbekistan, following his visit.
The Special Rapporteur on the independence of judges and lawyers is one of the special procedures of the United Nations Human Rights Council, appointed as an independent expert to monitor the compliance of UN Member States with international standards on the independence of judges and lawyers.
Sep 19, 2019 | Advocacy, Non-legal submissions
The ICJ today joined other NGOs in an oral statement to the UN Human Rights Council in Geneva, highlighting ongoing challenges faced by independent UN human rights experts, supporting the process the experts have established to make their own work effective, and calling for related issues of funding and non-cooperation of States to be addressed.
The statement was delivered on behalf of the group of NGOs by Amnesty International and read as follows:
“We note the concerns in the Declaration of the Special Procedures’ mandate holders at the Annual Meeting 2019 and share their concern about the global retrenchment against the values and obligations embedded in international human rights law and the challenges they spell out with regard to non-cooperation.
We also express appreciation[1] for the process set in place by the Special Procedures Coordination Committee to discuss ways in which the work can be strengthened including by seeking input from a wide range of stakeholders. This process presents the most appropriate way to ensure the effectiveness of the Special Procedures in protecting and promoting human rights, and to discuss ways to strengthen cooperation and address situations where there may be concerns regarding the actions of individual mandate holders.
We hope that this process will also provide an opportunity to discuss issues of chronic underfunding, non-cooperation of States with the Special Procedures, acts of reprisal and intimidation against human rights defenders and ad hominem attacks against mandate holders and how to make non-cooperation including selective cooperation by states more costly.”
(Partial) list of signatories:
- Amnesty International
- Cairo Institute for Human Rights Studies
- Center for Reproductive Rights
- Child Rights Connect
- CIVICUS: World Alliance for Citizen Participation
- Colombian Commission of Jurists
- Defence for Children International
- Forum for Human Rights and Development (FORUM-ASIA)
- Geneva for Human Rights
- ILGA World
- International Bar Association’s Human Rights Institute
- International Commission of Jurists
- International Movement against All Forms of Discrimination and Racism (IMADR)
- International Service of Human Rights
- Peace Brigades International
- Women’s International League for Peace and Freedom (WILPF)
- World Organisation Against Torture (OMCT)
[1] Civil society statement on efforts to strengthen and increase effectiveness of the United Nations Special Procedures , https://www.amnesty.org/download/Documents/IOR4009672019ENGLISH.pdf
