Jun 8, 2019 | Multimedia items, News, Publications, Reports, Thematic reports, Video clips
The Indian Government must give effect to recent rulings of the Supreme Court and end discrimination and other human rights violations and abuses based on real or perceived sexual orientation, gender identity and expression, the ICJ said today at the Delhi launch of its new report on the conditions of LGBTQ people in India.
The ICJ’s 152-page report Living with Dignity: Sexual Orientation and Gender Identity-Based Human Rights Violations in Housing, Work, and Public Spaces in India details human rights violations suffered by LGBTQ persons in their family homes, workplaces, and public spaces including streets, public toilets, public transport and shopping centres.
Following on the Supreme Court’s decisions in NALSA and Navtej, which strongly affirmed the human rights of LGBTQ persons, the report identifies legal and policy challenges, as well as structural barriers that prevent them from enjoying the full range of human rights.
”Despite the promise of recent jurisprudence, the Indian government has not consistently met its constitutional and international obligations to guarantee the rights of LGBTQ persons,” said Frederick Rawski, ICJ Asia Director.
“The ICJ encourages the Indian State to build on existing efforts to protect these rights to ensure full compliance with the right to live with dignity in terms of the Indian Constitution and international human rights law,” he added.
The Living with Dignity report identifies a wide range of violations and abuses of rights in the context of housing, work and public spaces.
Human rights violations associated with housing included discrimination in accessing rental accommodation, harassment and violence by landlords and by families, and arbitrary evictions.
The report sets out instances of discrimination in the workplace, at all stages of employment, and throughout the formal and informal sectors.
It also documents obstacles faced by LGBTQ persons seeking access to public spaces, including discriminatory policing, gendered toilets and transport, harassment and abuse by State officials, and discriminatory targeting through the application of public nuisance, sex work and anti-beggary laws.
The report offers a set of recommendations meant to make existing law and policy more protective of LGBTQ persons’ rights and calls for the amendment or repeal of certain existing laws.
“There is no single law or policy solution to ending long-standing and systemic discrimination. But legal and policy reforms are essential to addressing the abuses suffered by LGBTQ persons and these must include the effective, inclusive and meaningful participation of a diverse range of LGBTQ individuals and advocacy groups,” Rawski said.
The report also recommends the convening of a nationwide consultation geared towards the enactment of a comprehensive anti-discrimination law prohibiting discrimination on the grounds of sexual orientation and gender identity as is required by international human rights law.
In a preface to the report, ICJ Commissioner and former Chief Justice of the Delhi High Court, Justice Ajit Prakash Shah, indicates his hope that the report will “be used as a tool by lawyers, human rights defenders and policymakers” and “contribute to enhancing public discourse on LGBTQ rights, as well as broader issues of discrimination and the rule of law in India”.
Download
Report: Living with Dignity: Sexual Orientation and Gender Identity-Based Human Rights Violations in Housing, Work, and Public Spaces in India (English)
Executive Summary (English)
Infographics
SOGIE-based Human Rights violations in Housing
SOGIE-based Human Rights violations at Work
Barriers experiences by LGBTQ people in accessing Public Spaces
Contact
Maitreyi Gupta (Delhi), ICJ International Legal Adviser for India, e: maitreyi.gupta(a)icj.org, t: +91 7756028369
Frederick Rawski, ICJ Asia Pacific Region Director, e: frederick.rawski(a)icj.org, t: +66 644781121
Read also
Briefing Paper on Navtej Singh Johar et al. v. Union of India and Others, July 2018.
Unnatural Offences”: Obstacles to Justice in India Based on Sexual Orientation and Gender Identity, February 2017.
ICJ Briefing Paper on Implementation of NALSA Judgment, 2016.
Watch the video
Mar 19, 2019 | Events, Multimedia items, News, Video clips
Watch on video this side event held on 18 March 2019 at the Human Rights Council.
The Independent Investigative Mechanism for Myanmar (IIMM) is the latest accountability mechanism created with a mandate that extends beyond traditional human rights monitoring, documentation and reporting.
It is similar to the International, Impartial, Independent Mechanism (IIIM) established for Syria which is also mandated to collect, consolidate, preserve and analyze evidence of violations of international humanitarian law and human rights violations and abuses for the purpose of preparing files that can be used in criminal trials.
The panel discussed a range of issues including how can we ensure these mechanisms contribute to and complement the existing international criminal justice framework at the national, regional and international levels; what is required to ensure these mechanisms are properly supported and resourced; to what extent can these mechanisms effectively coordinate, including with the ICC; and, taking a long term view, what more could be done to narrow the accountability gap in the future.
This panel was the second in a series of panels on accountability hosted by the Permanent Mission of the Netherlands.
Opening Remarks:
- Ambassador Monique van Daalen, Permanent Representative to the UN of the Kingdom of the Netherlands
Moderator:
- Saman Zia-Zarifi, Secretary General, International Commission of Jurists
Panelists:
- Andrew Clapham, Member of the Commission on Human Rights in South Sudan
- Sanji Monageng, former Judge/Vice-President of the ICC, and Commissioner of the ICJ
- Stephen Rapp, Chair, Commission for International Justice & Accountability (CIJA), Distinguished Fellow, US Holocaust Memorial Museum, and former United States Ambassador-at-Large for Global Criminal Justice
- Amady Ba, Head, International Cooperation Section, JCCD, OTP, International Criminal Court (ICC)
- Kingsley Abbott, ICJ Senior Legal Adviser for Global Redress and Accountability
Side event ICJ NL Accountability No2 (side event flyer, in PDF)
Watch on video:
https://www.facebook.com/ridhglobal/videos/347634279184620/UzpfSTQ3MTQ2NzA4NjIyMTM3MzoyNDc4ODQxODc4ODE3MjA3/
Mar 12, 2019 | Multimedia items, News, Video clips
Today, the ICJ and the Tashkent State University of Law (TSUL) in partnership with the UN Human Rights Office in Central Asia are organizing this event. The topic of the Third Expert Discussion is rights of persons with disabilities.
The Expert Discussions are part of “Access to Justice in Economic, Social and Cultural Rights Project (ACCESS)” supported by the European Union.
The Expert Discussions are aimed at increasing awareness about the implementation of international law and standards on ESC rights by national courts, to facilitate access to justice in relation to ESC rights and effective use of international human rights law for ESC rights at the national level.
Each Expert Discussion is supported by presentations of international and national experts.
The first experts’ meeting was held in September 2018 on international standards in labour rights, and the second meeting – held in December 2018 – on the principle of non-discrimination in courts and court decisions.
The two events brought together lawyers, defense lawyers, individual experts, academia representatives and law students via interactive discussions, research papers, peer review articles and policy papers. Selected papers will be published in collection of scientific articles by the end of 2019.
Mansurkhon Kamalov, the Deputy Rector of TSUL, said: “We have already held two expert discussions on the right to work and the principle of non-discrimination in courts together with the ICJ with the support of the European Union. Each event touched upon international and national standards and legal regulation of specific ESC rights. Our meeting today is organized on the eve of celebrating the day when independent Uzbekistan became a full member of the UN; and it raises a very relevant topic not only for the country, but also for the international community as a whole. The TSUL is pleased to cooperate with the ICJ, which helps increase public awareness about international legal norms and standards in the field of ESC rights and practice of their implementation at the national and international level; access to justice with regard to ESC rights, as well as the effective use of international human rights law to protect these rights at the national level.”
Ryszard Komenda, Head of the UN Human Rights Office in Central Asia, said: “Today, about 10 per cents of the population are persons with disabilities. Persons with disabilities are the largest minority in the world. This figure is constantly increasing as a result of demographic growth, progress in healthcare systems, and the overall population aging patterns, according to WHO’s world data. In the framework of the Universal periodic review (UPR) of Uzbekistan, that was held for the third time in May 2018, a number of the UN Human Rights Council members called on Uzbekistan to ratify the Convention on the Rights of Persons with Disabilities and welcomed measures that have been already in the process of implementation with the aim to ensure the rights of persons with disabilities in the country. According to the UPR outcome document, the Republic of Uzbekistan accepted relevant recommendations and declared its intention to ratify the Convention. Ratification of the Convention on the Rights of Persons with Disabilities will be a significant step in further promoting and ensuring implementation of international human rights standards in the Republic of Uzbekistan.”
Dmitriy Nurumov, ICJ Legal Consultant, said: “Access to justice, which includes a fair trial and equality before the law, is of particular importance for people living with a disability, who often face inter-sectional and multiple barriers to access justice. The ICJ believes that inclusive societies in which all individuals have equal access to justice, require identifying and overcoming systemic and practical barriers that hamper equal access to justice, including in enjoyment of ESC rights. The ICJ hopes that today’s discussion will map out such existing barriers and the ways they can be overcome.”
Contact:
Dilfuza Kurolova, ICJ Legal consultant, t: +998 90 9050099 ; e: dilfuza.kurolova(a)icj.org
Watch the video here:
Mar 1, 2019 | Events, Multimedia items, News, Video clips
This event took place today at the Palais des Nations, United Nations, in Geneva. Watch it on video.
The situation of the rule of law in Turkey and of human rights defenders who promote it continues to be of serious concern.
Following the attempted coup of 15 July 2016, the two-year state of emergency and security legislation enacted thereafter, human rights defenders face harassment and are subject to pressure by authorities, including by unfounded criminal charges of terrorist offenses. Lack of accountability for gross violations of the rights of human rights defenders is also a particular problem.
The panel discussion at this side event will also focus on the situation of human rights defenders for the rule of law in Turkey and the lack of accountability for human rights violations against them, including for the killing of the head of the Bar Association of Diyarbakir three years ago.
The event is organized by the ICJ jointly with the International Bar Association’s Human Rights Institute.
Speakers:
– Michel Forst, UN Special Rapporteur on human rights defenders
– Feray Salman, Coordinator of the Human Rights Joint Platform (IHOP)
– Kerem Altiparmak, ICJ Legal Consultant
– Jurate Guzeviciute, International Bar Association’s Human Rights Institute
Chair:
Saman Zia-Zarifi, ICJ Secretary General
Event Flyer:
Turkey- HRD side event HRC40-News-Events-2019-ENG
https://www.facebook.com/ridhglobal/videos/795507517477571/
Feb 13, 2019 | Multimedia items, News, Video clips
Sudanese refugee activist Abdul Aziz Muhamat is the 2019 Martin Ennals Award Laureate. He was among three finalists, selected last October by a jury of ten of the world’s leading human rights organizations, including the ICJ, together with Marino Cordoba Berrio (Colombia) and Eren Keskin (Turkey).
“This award sheds light on the very cruel refugee policy of the Australian Government. It also brings international attention to the dangers and ill-treatment faced by refugees all over the world, including in countries that claim they uphold the Refugee Convention,” said Abdul Aziz Muhamat.
The 2019 laureate was fleeing war in Darfour. In October 2013, he was forcibly transferred to the island of Manus (Papua New Guinea), as part of Australia’s “offshore” refugee policy, when the boat he was on was intercepted by the authorities.
More than five years on, he is still stranded on the island, like hundreds of refugees and asylum seekers, and subject to deprivation, harassment, humiliation and violence.
“This young man was only 20 when he first arrived on Manus island. Since then, he never stopped raising his voice for those who have been stripped of their most basic rights together with him. He showed extraordinary tenacity and courage, always resisting peacefully even after a police officer shot him in the leg,” said Dick Oosting, Chair of the Martin Ennals Foundation.
“The Australian Government must meet its international obligations and put an end to these inhumane practices,” he added.
Living conditions on Manus island have been denounced by human rights organizations.
“Men are dying, notably for lack of appropriate medical care. Some of them, including children, committed suicide. We need safety, we need freedom, we need hope. Opposing this cruel system helps preserve my self-esteem and my human dignity,” Abdul Aziz Muhamat said.
“I will continue to fight until all of us are safe and free,” he added.
The two other finalists of the 2019 Martin Ennals Award are Eren Kerskin (Turkey) and Marino Cordoba Berrio (Colombia).
A lawyer who has been engaged for over 30 years in advancing the rights of women, Kurds and LGBTI+ notably, Eren Kerskin was recently sentenced to twelve and a half years in prison for supporting the shuttered pro-Kurdish newspaper Özgür Gündem.
She has been accused of denigrating the Nation and insulting the President in her chronicles.
“Freedom of expression and freedom of thought are severely punished in Turkey nowadays. The government tolerates no dissenting voices. I know that by resisting we can change the world. Thank you for not forgetting us. Your solidarity and support give me the courage to continue the struggle,” she said.
Marino Cordoba Berrio is a leading figure within the Afro-Colombian community, which has been repeatedly stripped of its rights and lands.
For two decades, he has been struggling for the rights of his ethnic and other marginalized groups, at the risk of his own life in a country where more than 400 social leaders and human rights defenders have been killed in the past two years.
“Historically, we have suffered from political, economic and social exclusion. To seek and obtain justice for my people is crucial for our survival,” he said.
“Under the peace agreement and thanks to our efforts, ethnic groups’ rights are recognized and so is the need to protect them. It’s high time for the government of Colombia to meet its commitments and put an end to the escalating violence affecting our communities,” he added.
The Martin Ennals Award for human rights defenders is given out since 1994. It honours individuals who have shown outstanding commitment to the promotion and protection of human rights, despite the risks involved.
This award aims at shedding light on their situation and their work. It provides them with international recognition and protection, as well as financial support to pursue their activities.
The three finalists were honoured today during a ceremony organized by the City of Geneva.
The jury of the Martin Ennals Award comprises ten of the world’s leading human rights organizations: the ICJ, Human Rights Watch, Amnesty International, FIDH, Human Rights First, International Service For Human Rights, Brot für die Welt, Front Line Defenders, the World Organization Against Torture and HURIDOCS.
Contact:
Olivier van Bogaert, Director Media & Communications, ICJ representative in the MEA Jury, t: +41 22 979 38 08 ; e: olivier.vanbogaert(a)icj.org
Watch video of MEA Laureate 2019:
Watch the whole MEA 2019 Ceremony in Geneva:
Jan 31, 2019 | Multimedia items, News, Video clips
For the past two years the ICJ and its partners Refugee Rights Turkey (RRT), the European Council on Refugees and Exiles (ECRE) and Mülteci-Der (MD) have provided trainings and training materials for Turkish lawyers on international human rights law relating to migration and asylum as part of the project Fostering Access to Rights for Migrants, Refugees and Asylum-Seekers in Turkey.
The project has worked to enhance access to justice for migrants, refugees and asylum-seekers, through establishing, equipping and supporting a well-informed group of lawyers and civil society organizations in Turkey and link them with their counterparts in EU Member States to defend the rights of migrants, refugees and asylum-seekers.
In a public event on the 17 December 2019 hosted in Ankara to mark the conclusion of the project, the ICJ and its partners presented a promotional video describing the work conducted throughout the project.
Watch video here:
(Rough Turkish subtitles available but will be revised at a later stage | Turn the Turkish subtitle by clicking on CC.)
The project “Fostering Access to Rights for Migrants, Refugees and Asylum-Seekers in Turkey” is funded by the European Instrument for Democracy and Human Rights (EIDHR) of the European Union.
