Mar 1, 2019 | Advocacy, Non-legal submissions
The ICJ today delivered a joint oral statement to the UN Human Rights Council, addressing the abuse of counter-terrorism measures to repress human rights defenders and other civil society actors, and highlighting deep concerns about possible moves to allow Egypt a significant role over the UN’s independent expert on human rights and counter-terrorism.
The statement was delivered in an interactive dialogue with the UN Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism. The ICJ made the statement jointly on behalf of Amnesty International, Article 19, Cairo Institute for Human Rights Studies, CIVICUS, Human Rights Watch, International Federation for Human Rights (FIDH), International Service for Human Rights (ISHR), and Privacy International.
The organisations had earlier sent a joint letter to all States’ delegations to the Council in Geneva, highlighting Egypts appalling record of abuse of counter-terrorism measures, and urging States to strongly oppose any attempts to weaken the mandate of the Special Rapporteur, whether by diluting or distorting it by importing the flawed Egyptian-led approach into the Mexican-led resolution for its renewal, or any moves by longstanding leader Mexico to share co-leadership of the mandate renewal resolution with Egypt or other States with such an appalling record in relation to the very issues the mandate is to address.
The joint oral statement to the Council read as follows (check against delivery):
“Madame Special Rapporteur,
Our organizations welcome your report on the impacts of counter-terrorism and counter-extremism measures against civil society and human rights defenders (A/HRC/40/52).
We strongly concur with your findings regarding the deliberate and targeted abuse of overly broad and vague definitions of terrorism and violent extremism to criminalize and otherwise suppress human rights defenders and other civil society actors. We also appreciate your highlighting the need to prevent indirect impacts on civil society.
Among those States with a particularly appalling record of deliberate and targeted abuse, Egypt, which is mentioned in your report (paras 53 and 56), is a prominent example. As Human Rights Watch recently stated: “Using counterterrorism as a guise to crush all forms of dissent could be Egypt’s hallmark of 2018… There’s simply not much room left to peacefully challenge the government without being detained and unfairly prosecuted as a ‘terrorist’.”[1] Other examples from the reports before the Council include Turkey (para 53), Saudi Arabia (A/HRC/40/52/Add.2 paras 21-29), and China particularly as regards Uyghurs and Kazakhs (paras 55 and 57).
We share your concern about the elements lost from the previous Human Rights Council and General Assembly resolutions on “protection of human rights and fundamental freedoms while countering terrorism” in their March 2018 merger with the deeply flawed Egyptian-led initiative on “effects of terrorism” (para 29). We reiterate our call from March 2018 for future versions of the resolution to address the relevant issues exclusively and comprehensively from the perspective of the effective protection of human rights.[2] We strongly oppose any attempts to dilute your mandate, including by importing the flawed Egyptian-led approach into the resolution for its renewal, or any sharing of co-leadership of the mandate renewal resolution with States that have such an appalling record in relation to the very issues the mandate is to address.
Madame Rapporteur, beyond the particular cases mentioned in your report (para 53), what are your views on the broader situation within Egypt in terms of abuse of counter-terrorism measures and what can States, the United Nations, civil society, and other stakeholders do to stop such abuses in the name of counter-terrorism in Egypt and other egregious situations?
Thank you.
[1] https://www.hrw.org/news/2019/01/17/egypt-new-moves-crush-dissent (17 January 2019). See also among others: Human Rights Watch World Report 2019, https://www.hrw.org/world-report/2019/country-chapters/egypt; EuroMed Rights, Egypt – Finding Scapegoats: Crackdown on Human Rights Defenders and Freedoms in the Name of Counter-terrorism and Security (Feb 2018) https://euromedrights.org/wp-content/uploads/2018/03/EuroMed-Rights-Report-on-Counter-terrorism-and-Human-Rights.pdf; Joint NGO Statement, Egypt: Civil society faces existential threat (23 June 2016) https://www.icj.org/wp-content/uploads/2016/06/Egypt-Advocacy-JointNGOStatement-2016.pdf.
[2] Joint NGO end-of-session statement (23 March 2018) https://www.icj.org/hrc37-endofsession/.”
The statement can be downloaded in PDF format here: HRC40-JointOralStatement-SRCTHR-2019-EN
For more information email un(a)icj.org.
Oct 19, 2018 | Advocacy, Non-legal submissions
The International Commission of Jurists participated in the fourth session of the open-ended intergovernmental working group on transnational corporations and other business enterprises with respect to human rights that took place at the Palais de Nations from 15-18 October 2018. Below are the interventions the ICJ made at this session.
UN-ICJ statement IGWG4 general debate-Advocacy-ENG-2018
UN-ICJ statement IGWG4 prevention-Advocacy-ENG-2018
UN-ICJ statement IGWG4 legal liability-Advocacy-ENG-2018
Oct 12, 2018 | Events, News
First side event: Multi-stakeholder dialogue on the scope and content of a treaty on business and human rights, Monday 15 October 2018, from 13.00-15.00, Room XXVII, Palais des nations.
Second side event: What kind of international monitoring and/or adjudicating mechanism do we need? Tuesday 16 October 2018, from 13.00-15.00 Room XXI, Palais des nations.
On 26 June 2014, the United Nations Human Rights Council (HRC) adopted Resolution 26/9 establishing an “open ended intergovernmental working group on transnational corporations and other business enterprises with respect to human rights” with the mandate to “elaborate an international legally binding instrument to regulate, in international human rights law, the activities of transnational corporations and other business enterprises”.
The first two sessions were dedicated to open deliberations about the format, scope and content of the future instrument, and a document with «elements» of the treaty was presented to the third session in 2017.
The fourth session of the OEIWG opens on 15 October with a «zero draft» of a treaty prepared by the Working Group Chairperson on the table for discussion.
The draft has so far met a mixed reception.
While much of the debate on a treaty has focussed on substantive questions around the scope and nature of substantive rights and responsibilities, the international monitoring and adjudicating mechanism has so far received far less attention.
Both side events organized on October 15-16 by the ICJ will be a space of discussion where stakeholders will be invited to share their views on key sections of the «zero draft» on business and human rights as well as on the best way to proceed in the negotiations in the next period.
Multi-stakeholder dialogue on the scope and content of a treaty on business and human rights (flyer in PDF)
What kind of international monitoring and/or adjudicating mechanism do we need? (flyer in PDF)
Contact:
Carlos Lopez, ICJ Senior Legal Adviser, t: 022 979 3816; e: carlos.lopez(a)icj.org
Oct 5, 2018 | News
The proposal to implement caning on those found guilty of corruption would directly violate the absolute prohibition of torture and other cruel, inhuman or degrading punishment under international law, said the ICJ today.
The Malaysian Anti-Corruption Commission (MACC) called on the Government of Malaysia last week to consider caning as a punishment for those convicted of corruption to underline the efforts of eliminating corruption in the country.
Malaysia currently implements caning in a wide range of offences, including the Immigration Act 1959/63, the Penal Code (rape, criminal breach of trust), and the Dangerous Drugs Act 1952.
At present, under the Malaysian Anti-Corruption Commission (MACC) Act 2009, the punishment for those found guilty of bribery is payment of a fine and imprisonment for up to twenty (20) years.
“Malaysia must immediately and completely abolish caning as a form of punishment. The proposals to implement caning for those found guilty of corruption, bribery, or any other offence is a significant setback for the country.
If this proposal is implemented, it will violate Malaysia’s obligations to prevent, prohibit and prosecute all forms of torture and other cruel, inhuman or degrading treatment or punishment, as.” said Emerlynne Gil, ICJ’s Senior International Legal Adviser.
After Malaysia’s historic election results on 9 May 2018 and the corruption charges levied against its former Prime Minister, Najib Razak, it would be superficial for Malaysia to view the implementation of severe punishments for the crime of corruption as the panacea to the deeply-rooted culture of corruption among those that have held public office and state authorities.
The ICJ also emphasizes that all forms of torture and other cruel, inhuman or degrading treatment are absolutely prohibited by customary international law, as well as international treaties binding on Malaysia, including the Convention on the Rights of the Child (CRC), the Convention on the Elimination of All Forms of Discrimination Against Women and the Convention on the Rights of Persons with Disabilities (CRPD).
The UN Special Rapporteur on Torture has stated that “any form of corporal punishment is contrary to the prohibition of torture and other cruel, inhuman or degrading treatment or punishment.” It cannot be considered a “lawful sanction” under international law.
The ICJ urges the Government of Malaysia to abandon any proposal to implement caning as a form of punishment for any crime. The ICJ also calls on the Government of Malaysia to immediately abolish the practice of caning as it constitutes a form of cruel, inhuman or degrading punishment prohibited under international human rights law and standards.
Contact:
Emerlynne Gil, Senior International Legal Advisor, International Commission of Jurists,
mobile: +66 840923575, email: emerlynne.gil@icj.org
Background:
At a press conference on 1 October 2018, Malaysia’s Anti-Corruption Commission’s Chief Commissioner Datuk Seri Mohamad Shukri Abdul had proposed that the Malaysian government consider implementing caning for bribery offenders.
Section 288 of the Criminal Procedure Code states the mode of executing the sentence of ‘whipping’, in Section 288(3) it defines the ‘Rattan used for whipping shall not be more than half of an inch in diameter’ (the word caning is not mentioned), while Section 289 of the Criminal Procedure Code states that the sentence of whipping is forbidden in the case of ‘females’, males sentenced to death and males whom the Court considers to be more than fifty years of age, except males sentenced to whipping under Section 376, 377, 377CA or 377E of the Penal Code.
Sep 17, 2018 | Advocacy, Non-legal submissions
Today at the UN Human Rights Council, the ICJ emphasised the importance of effective investigations capable of leading to truth and justice, highlighting recent developments in Manipur, India as an example.
The statement read as follows:
“Justice processes in situations of conflict or transition require fighting impunity and re-establishing public trust.[1] An example is the new prospects for justice in relation to 1528 alleged extrajudicial killings cases in Manipur, India, which would make an important contribution to a transition out of the long-standing conflict.
In July 2016, in response to a petition filed on behalf of the victims, the Indian Supreme Court stated that “there is no concept of absolute immunity from trial…”,[2] opening the door to ending impunity. As of August 2018, the Central Bureau of Investigation has registered 29 complaints against security forces.[3] Recent reports suggest that the Government is also considering amending the Armed Forces Special Powers Act (AFSPA) to remove or restrict existing overbroad authorizations for use of lethal force.[4]
These are welcome developments. However, concerns remain, as the investigation status of the majority of the cases is unknown. Two UN Special Rapporteurs in July 2018 also affirmed that justice must be done in all cases.[5]
The ICJ calls on India to ensure independent, impartial and thorough investigations into all cases in Manipur, amend AFSPA, and to uphold the right to truth of victims and society about acts committed and the identity of perpetrators, in line with its international and national legal obligations, including as a party to the International Covenant on Civil and Political Rights.”
[1] Report of the Special Rapporteur on the promotion of truth, justice, reparation and guarantees of non-recurrence, A/HRC/39/53 (25 July, 2018), http://www.undocs.org/A/HRC/39/53.
[2] Para 163, Extra Judicial Execution Victim Families Association (EEVFAM) & Anr. v. Union of India & Anr. Writ Petition (Criminal) No. 129/2012.
[3] TNN, “Army Major named in FIR for killing 12-yr-old in fake Manipur encounter”, Times of India, August 3, 2018, https://timesofindia.indiatimes.com/city/imphal/army-major-named-in-fir-for-killing-12-yr-old-in-fake-manipur-encounter/articleshow/65252258.cms.
[4] “In AFSPA, Government Considering Crucial Changes”, NDTV, September 13, 2018, available at https://www.ndtv.com/india-news/in-afspa-government-considering-crucial-change-sources-1915706.
[5] Special Rapporteur on extrajudicial, summary or arbitrary executions and Special Rapporteur on the situation of human rights defenders, “India: UN experts call for urgent progress in investigation of hundreds of ‘fake encounter’ killings” (4 July 2018), https://www.ohchr.org/en/NewsEvents/Pages/DisplayNews.aspx?NewsID=23323&LangID=E .
