Jul 11, 2018 | Advocacy, News, Open letters
Twenty-two senior judges from across the globe wrote today to Polish President Andrzej Duda to condemn the recent attacks on the independence of the judiciary.
The judges, all Commissioners or Honorary Members of the International Commission of Jurists, criticized the forced resignation of 27 of 72 judges of Poland’s Supreme Court as a severe blow to the independence of the Polish judiciary in violation of international standards.
The letter was organized by the ICJ and its Centre for the Independence of Judges and Lawyers in consultation with jurists from 17 countries.
“The Polish government’s assault on the country’s judiciary is a major blow to the rule of law in Poland,” said Sam Zarifi, ICJ Secretary General.
He added:
“The situation in Poland is of concern to judges in the country, as well as in the European Union and around the world.”
“The ICJ and jurists everywhere will speak out against this surge of attacks on the judiciary that is increasingly a pattern in many countries, including several that until recently were at least rhetorically champions of the rule of law.”
“This letter shows that the commitment to the rule of law and judicial independence is not limited to just one part of the world or one legal system, but rather reflects the views of the global community of jurists.”
In their letter, the ICJ senior judges “condemn the recent forced retirement of 27 out of 72 Polish Supreme Court justices, including its President Małgorzata Gersdorf (photo), and urge President Duda to act immediately to restore the independence of the judiciary by reinstating them in office.”
They express grave concern “that the effective dismissal of one third of the Supreme Court, coupled with the broad discretion given to the President’s office to make exceptions, has taken place in contravention of international human rights law and standards, including the right to a fair hearing, and is contrary to basic principles of the rule of law.”
Finally, the “undersigned jurists urge the President of the Republic of Poland to act immediately to restore the independence of the judiciary by reinstating the Supreme Court justices forced into retirement, follow the recommendations of the European Commission on judicial reform, and take action to repeal the law on the Supreme Court that strikes at the very core of judicial independence.”
The signatories
- Justice Adolfo Azcuna, former Associate Justice of the Supreme Court of the Philippines
- Justice Solomy Balungi Bossa, Ugandan Judge on the International Criminal Court
- Justice Ian Binnie, retired Justice of the Supreme Court of Canada
- Justice Azhar Cachalia, Judge of the Supreme Court of Appeal of South Africa
- Dame Silvia Cartwright, former Judge of the High Court in New Zealand and of the Extraordinary Chambers in the Courts of Cambodia
- Justice Moses Chinhengo, Judge of the High Court of Botswana
- Justice Martine Comte, former President of the Orleans Court of Appeal, France
- Justice Radmila Dracigevic-Dicic, Acting President of the Supreme Court of Appeals, Judge of the Supreme Court of Serbia
- Justice Elizabeth Evatt, former Chief Justice of the Family Court of Australia
- Justice Claire L’Heureux-Dubé, former Justice of the Supreme Court of Canada
- Justice Paul J. G. Kapteyn, former Judge of the European Court of Justice
- Justice Michael Kirby, former Justice of the High Court of Australia and former President of the International Commission of Jurists
- Justice Kalthoum Kennou, Judge of the Tunisian Cassation Court
- Justice Ketil Lund, former Justice of the Norwegian Supreme Court
- Justice Qinisile Mabuza, Judge of the High Court of Swaziland
- Justice Egbert Myjer, former Judge of the European Court of Human Rights
- Justice Michèle Rivet, former President of the Quebec Human Rights Tribunal
- Justice Kalyan Shrestha, former Chief Justice of the Nepalese Supreme Court
- Justice Philippe Texier, Judge of the French Court of Cassation
- Justice Lillian Tibatemwa-Ekirikubinza, Justice of the Supreme Court of Uganda
- Justice Stefan Trechsel, former ad litem Judge at the International Criminal Tribunal for the former Yugoslavia
- Dr Rodrigo Uprimny Yepes, former Assistant Justice of the Constitutional Court of Colombia
Poland-Reinstate forcibly retired judges-Advocacy-Open letters-2018-ENG (full text of letter in PDF)
Mar 9, 2018 | Advocacy, Open letters
The ICJ and other organisations today express concern about China’s draft UN resolution, “Promoting the International Human Rights Cause through Win-Win Cooperation”.
In a letter addressed to the Member and Observer States of the UN Human Rights Council, the organizations wrote:
“The draft resolution entitled “Promoting the International Human Rights Cause through Win-Win Cooperation” lacks balance and undermines accepted international human rights law and principles. Its adoption could undermine the ability of the Council and its mechanisms to protect and promote human rights, and risks undermining the rights of victims of human rights violations.
No resolution that purports to promote human rights but ignores victims can be considered a “win” for anyone. The right of every victim to an effective remedy, regardless of the preferences of the responsible State, lies at the very heart of any meaningful understanding of human rights, as the General Assembly, the Council, as well as the Universal Declaration of Human Rights (UDHR) and human rights treaties, have repeatedly affirmed.
Cooperation between States, and between States and the Human Rights Council and its mechanisms, is an important component of the international human rights system. The version of cooperation envisioned by the draft resolution, however, finds no basis in the decades of practice of human rights at the UN or in the Institutional Building Package for the Council. “Win-win cooperation” and “a community of shared future for mankind” instead emanate specifically from the speech made by Chinese President Xi at the Palais des Nations in January 2017 and other national policy statements. Their implications have not been explained by the Chinese delegation, and reading these terms in their original context only raises greater concern about their import.
The language stating that “win-win cooperation is the only viable option” is perhaps the best example of our many concerns. Although the draft resolution does not specify in relation to what it is “the only viable option”, presumably the implication is with regard to human rights. This language of the draft resolution directly contradicts and undermines that part of the Council’s mandate, as articulated by the General Assembly in its resolution 60/251, that requires it to respond promptly and effectively to gross and systematic human rights violations.
Indeed, in all too many actual situations of gross and systematic violations faced by the Council, States responsible for human rights violations have shown no good faith to engage in any form of cooperation that could actually assist to end the violations or fulfil the rights of the victims. The draft resolution defies experience, and suggests no consequences for persistent non-cooperation.
Additionally, there is no mention in the draft concerning enforcement of States’ obligations under international human rights law by national, regional or international courts or other bodies, or even at a more general level, the need for accountability where abuses occur. As such, only impunity stands to “win” from such an approach.
Furthermore, the concept of “win-win cooperation” in the draft resolution as currently drafted clearly focuses predominantly, if not exclusively, on cooperation between States. The draft resolution does not call for States to cooperate with the Human Rights Council and its mechanisms. Neither does it call on States to refrain from committing reprisals against individuals or groups seeking to cooperate with UN human rights mechanisms to promote and protect human rights, including civil society actors and victims of human rights violations.
Our organisations call on States to reject the proposed resolution on “Promoting the International Human Rights Cause through Win-Win Cooperation” as drafted. Indeed, the problems with the text are so fundamental and far-reaching, it is difficult to see how consensus could possibly be reached without a substantial rethinking of the approach. If the proponents of the draft resolution sincerely believe that “win-win cooperation is the only viable option”, they surely cannot, at the same time, believe that it would be consistent with the draft resolution’s own terms for its adoption to be forced through on a divided vote, and should withdraw the draft resolution from consideration at the present Council session.
Signatories:
- Asian Legal Resource Center
- Amnesty International
- Cairo Institute for Human Rights Studies
- Conectas
- Defend Defenders
- FIDH
- Human Rights Watch
- International Commission of Jurists
- International Service for Human Rights
The letter can be downloaded in PDF format here: UN-HRC37-OpenLetter-ChinaResolution-2018
Jun 1, 2017 | Advocacy, Open letters
The ICJ and other NGOs have jointly issued a checklist of key criteria for the selection and appointment of new members for the UN Working Group on the issue of discrimination against women in law and in practice.
The Human Rights Council will appoint four new members of the UN Working Group at its 36th regular session in September 2017. The deadline for applications of candidates expired on 1 June 2017.
The proposed criteria were developed by:
- Amnesty International
- Alkarama Foundation
- Global Initiative for Economic, Social and Cultural Rights
- International Commission of Jurists
- International Lesbian, Gay, Bisexual, Trans and Intersex Association
- International Service for Human Rights
- World Organization against Torture
The NGO’s called on States, NGOs and others, including relevant professional networks, to use the prepared checklist to identify eligible candidates, the strongest of whom should meet a substantial number of the criteria.
Joint NGO-Criteria UNWG Discrimination Against Women-Advocacy-Open Letter-ENG (criteria checklist, PDF)
Feb 23, 2017 | Advocacy, Open letters
The ICJ joins South Sudanese, regional and other international non-governmental organizations in a joint letter urging the Human Rights Council to renew and strengthen the mandate and capacity of the UN Commission on Human Rights in South Sudan.
Action is needed to address the continued lack of accountability for severe, widespread and on-going crimes under international law and human rights violations and abuses, many of which amount to war crimes and crimes against humanity, during the upcoming 34th session of the UN Human Rights Council (UN HRC).
South Sudan-letter HRC34-Advocacy-Open letters-2017-ENG (full text in PDF)
Oct 4, 2016 | Advocacy, News, Open letters
The ICJ, along with Lawyers’ Rights Watch Canada and Human Rights Watch, sent a letter to the Government’s Chief Minister of Jammu and Kashmir expressing concern at the arbitrary detention of Kashmiri human rights defender Khurram Parvez.
The letter can be downloaded here: india-joint-ngo-letter-khurram-parvez-advocacy-open-letters-2016-eng (in PDF)
May 25, 2016 | Advocacy, Open letters
More than 230 non-governmental organizations (NGO) world wide have called on members of the UN’s Economic and Social Council to reform the practice of the UN Committee on NGOs, and to ensure apolitical, fair and transparent consideration of NGO applications for access to UN processes.
The response has been sparked by the long-term practice of some States to delay or effectively block certain NGOs from participation at the UN, through perpetual questioning and multiple deferrals of applications for accreditation.
In doing so, the Economic and Social Council (ECOSOC) Committee on NGOs has turned what should be largely an administrative role into the obstruction of NGOs working on issues on which States disagree. Human rights organisations are amongst those facing the most obstacles.
The joint open letter may be downloaded in PDF format here: UN-NGOCommittee-OpenLetter-2016
