Jul 10, 2020 | Advocacy, Non-legal submissions
The ICJ and the World Organization against Torture (OMCT) today highlighted a range of human rights violations, including of freedom of association and assembly, in India’s repression of peaceful protests and the impact of COVID-19 measures in the country.
The joint statement “OMCT and ICJ welcome the Report of the Special Rapporteur on the rights to freedom of peaceful assembly and association and echo his concerns over the intensity and seriousness of the threats to the enjoyment of these rights, including the impact of current Covid-19 pandemic on the already fragile civic space.
We are particularly alarmed over the increasingly violent repression of dissent in India and the arbitrary detention and harassment of activists and human rights defenders by the state in relation to their participation in peaceful protests against the Citizenship Amendment Act 2019 (CAA), the National Population Register and the National Register of Citizens.
The repression of anti-CAA protests has been brutal, with the police reportedly using excessive force against demonstrators, including firing indiscriminately into crowds, using teargas and water cannons, beating bystanders and detaining and torturing protesters, including children. At least 31 persons were killed during these protests and scores were injured. No impartial and transparent investigations into the violence have been conducted to this day.
Reportedly fabricated charges of sedition, murder, and terrorism under repressive anti-terror and national security laws – such as the Unlawful Activities (Prevention) Act and the National Security Act – have been filed against activists and human rights defenders participating in the protests. Those arrested and detained include Gulfisha Fatima, Natasha Narwal, Devangana Kalita, Khalid Saifi, Meeran Haider, Shifa ur Rehman, Isharat Jahan, Dr. Kafeel Khan, Sharjeel Imam, Akhil Gogoi and Asif Iqbal. They are still in prison despite repeated calls for their release by national and international human rights groups and the United Nations.
Severe restrictions on freedom of peaceful assembly and association have been imposed in the framework of the Covid-19 emergency. These include blanket shutdown of internet services and the imposition in several areas of Section 144 of the Criminal Procedure Code, a colonial law banning public protests and gathering of more than five people. While appreciating India’s efforts to prevent the spread of Covid-19, we remind the government that restrictions must meet the requirements of legality, necessity and proportionality and shall not be abused to muffle dissent.
We call on the Government of India to take urgent steps to ensure that its people enjoy the rights to express dissent and to participate in peaceful protests without fear of being arrested, brutally beaten, tortured or killed. The right to life and from the prohibition of torture and other ill treatment as well as the rights to freedom of expression, association and assembly are protected under international law including the International Covenant on Civil and Political Rights to which India is a party.
We further call for a thorough, prompt, transparent and impartial investigation into allegations of unlawful use of force by police, and for the immediate release of all unjustly detained activists and HRDs.”
Jul 10, 2020 | Advocacy, Non-legal submissions
The ICJ and the Zimbabwe Human Rights NGO Forum highlighted today concerns on freedom of association and assembly in Zimbabwe, on the occasion of discussion by the Human Rights Council of a report of the relevant UN expert’s visit to the country.
The statement was prepared for delivery in an oral interactive dialogue with the UN Special Rapporteur on freedom of association and assembly on his reports to the Human Rights Council, including the report of his visit to Zimbabwe in September 2019.
The statement could not actually be read aloud due to the limited time for civil society statements in the dialogue.
The joint statement reads as follows:
“ICJ and the Forum welcome the report by the Special Rapporteur which acknowledges the continued restrictions on the enjoyment of the rights to freedom of peaceful assembly and of association in Zimbabwe.
The report mentions the use of excessive and lethal force by security forces; the use of military forces in managing protest; and the subsistence of repressive laws that curtail the enjoyment of the rights to Freedom of assembly and association.
ICJ and the Forum agree with the findings by the Special Rapporteur that the use of disproportionate and excessive force by the security has resulted in massive violations against protestors. In January 2019 following the “shutdown protests”, the Forum documented at least 1800 violations including 17 killings, 16 cases of rape and 81 victims were treated for gunshot wounds while ICJ documented at least 77 incidences of violation of fair trial rights of protestors.
The Maintenance of Peace and Order Act [Chapter 11:23] (MOPA) was enacted into law in November 2019 to repeal the Public Order and Security Act (POSA). MOPA reveal common similarities with POSA and maintains problematic provisions that do not guarantee the right to peaceful assembly.
ICJ and the Forum wish to draw the attention of the Special Rapporteur to the ongoing violations which have escalated in the context of the COVID-19 lockdown enforcement and the declining economic and social situation in Zimbabwe. While public health measures are crucial, these must be advanced in ways that do not unduly infringe on the rights to freedom of peaceful assembly and of association.
The government of Zimbabwe must be encouraged to comply with International human rights standards and guidelines such as the Guidelines for the Policing of Assemblies by Law Enforcement Officials in Africa; the United Nations Basic Principles on the Use of Force and firearms by law enforcement officials and the 10 principles for the Proper Management of Assemblies developed by the mandate in 2016.
ICJ and the Forum would to like to ask the SR what follow up he will do to monitor whether the Government of Zimbabwe complies with its international human rights obligations?”
The statement can be downloaded in PDF format here: UN-HRC44-statement-SRFoAA-2020
Sep 3, 2019 | Advocacy, News
From 1 and 2 September 2019, the UN Special Rapporteur on freedom of association and assembly, Clément Nyaletsossi VOULE, and lawyers and trade union representatives met and discussed challenges faced in Southeast Asia on exercising the right to freedom of association of workers.
The event was organized by the ICJ together with Business & Human Rights Resource Centre (BHRRC), and supported by the Office of the United Nations High Commissioner for Human Rights (OHCHR).
At the meeting’s conclusion, the participants reached a consensus to work for the development regional guidelines on freedom of association of workers in the ASEAN and agreed to form a Working Group that would be tasked to develop these guidelines. The Working Group nominated by the participants is composed of trade union representatives at the national level, lawyers, among other experts.
In his keynote speech, the Special Rapporteur emphasized that freedom of association is a fundamental right for all workers without which they lack the power to fight discrimination and injustice in the workplace. He also explained the link between the rights to freedom of association and expression, “Freedom of association is closely related to freedom of expression as they both represent opening up of space for dialogue and an enabling environment where unions can participate freely.”
The participants at the meeting were practicing lawyers from Southeast Asia focusing on labor and employment and trade unions leaders and representatives. Other participants included representatives from human rights organizations addressing business and human rights and the right to freedom of association; the ASEAN Secretariat; the International Labor Organization (ILO), the ASEAN Trade Union Council (ATUC), and the International Trade Union Confederation (ITUC).
“Shrinking political and civic space combined with inequality and social marginalization are key challenges at the heart of business-related human rights violations in Southeast Asia,” said Katia Chirizzi, Deputy Regional Representative for UN Human Rights. “Governments must implement their obligations to respect, protect and promote human rights in relation to business activities. It is equally critical to ensure that businesses meet their responsibilities to respect human rights.”
During the meeting, the participants also discussed the role of women in labour organizing and the additional challenges women face when they exercise the right to freedom of association in the workplace. Betty Yolanda, Asia Regional Manager of the Business and Human Rights Resource Center (BHRRC) said: “Women workers face multiple forms of discrimination and challenges. They are fighting for their rights as workers in the company and at the same time they are also fighting the patriarchy.”
The participants identified common challenges confronted in the region where workers’ rights to freedom of association face legal and physical limitations. Migrant workers, women workers and workers in Special Economic Zones (SEZs) were identified as being particularly at risk in exercising their rights.
“It is crucial that we discuss these challenges openly and with all stakeholders, particularly issues that affect those who work in the informal sector, and other vulnerable communities such as migrant workers. Special investment frameworks, special economic zones and other government-led initiatives meant to attract foreign investment potentially create new opportunities to increase transparency and accountability. Unfortunately, they are more often used to justify lowering human rights standards, or impose new restrictions that act to limit workers and communities abilities to express their grievances or exercise their rights to association,” said Frederick Rawski, ICJ’s Regional Director for Asia and the Pacific.
Contact:
Boram Jang, International Legal Adviser, Asia & the Pacific Programme, e: boram.jang(a)icj.org
