Nov 5, 2018 | News
The ICJ convened a two-day workshop from 3rd to 4th November 2018 in Yangon, to enhance understanding of legal protections of the right to freedom of thought, conscience, religion or belief in Myanmar.
Freedom of thought, conscience and belief, often referred to as the right to freedom of religion of belief (FoRB) is considered by many to be one of the foundations of a democratic society.
The workshop was aimed at discussing State regulation of religion or belief in Myanmar and included some 40 human rights defenders, lawyers and members of religious groups, from across the country.
ICJ legal adviser Sean Bain introduced the right to FoRB under international law and standards – particularly Article 18 of the Universal Declaration of Human Rights, and Article 18 of the International Covenant on Civil and Political Rights. Mr Bain also discussed the complementarity of these articles with other rights, such as the right to freedom of expression, and highlighted the limitation clauses in the international treaties which provide a framework for resolving some of the tensions that can arise in specific cases.
Michelle Yesudas, a Malaysian human rights lawyer, shared good practices and lesson learned from application of strategic litigation in FoRB related cases in Malaysian context and spoke about potential approaches and strategies that could be adapted in Myanmar context to push the legislative reform and enforcement of the law.
The ICJ’s legal researcher Dr. Ja Seng Ing and national legal Adviser Advocate Daw Hnin Win Aung jointly facilitated two panel discussions on challenges in free practice of religion or belief specifically focusing on the worship places and Freedom of Expression.
Based on their own independent research, senior legal scholars and human rights defenders from Myanmar also provided their perspectives on national challenges, particularly the absence of the State fulfilling its responsibilities to protect FoRB in Myanmar. Advocate Daw Zar Li Aye discussed available legal remedies and encouraged legal advocacy strategies to ensure protections under the law in Myanmar.
The participants raised a number of notable issues on addressing identified obstacles to the free practice of religion or belief included the need for annulling discriminatory notifications restricting the rights to practice religion freely, the need for safe space to continue the dialogue between FoRB activists, other human rights defenders and lawyers on strategic litigation.
Participants at the conference also recognized the opportunity presented before them in advancing freedom of religion or belief in Myanmar and committed to working collectively to enhance this right.
This event is part of the ICJ’s ongoing effort to convene civil society actors including lawyers to discuss critical human rights issues in Myanmar with a view to advancing the protection of human rights in the country.
Nov 2, 2018 | Advocacy, Cases, Legal submissions
The ICJ intervened today before the European Court of Human Rights in the case of a detained Member of the Turkish Parliament from the HDP party, Ms Burcu Çelik, arrested in 2017 under “terrorism charges”.
In this submission, the ICJ provides the Court with observations concerning the capacity of the Turkish legal system to provide effective remedies for violations under the ECHR with regard to detention, in particular detention of Members of Parliament, in light of its Convention obligations, in particular obligations under Article 5.4.
The ICJ presents its analysis of these aspects of the Turkish legal system based, in part, on information ascertained during a mission to Turkey undertaken in May 2018 and in its report Justice Suspended.
Specifically, the ICJ addresses the question as to whether the remedies of individual application before the Constitutional Court (CC) and under article 141.1 (a) and (d) of the Code of Criminal Procedure (CCP) may be considered as effective in light of the State’s obligations under articles 5.4 and 35.1 ECHR.
Turkey-icj-Celik-Advocacy-legal submission-2018-ENG (download the intervention)
Aug 2, 2018 | News
The ICJ condemns in the strongest terms the violence that erupted in Zimbabwe after the elections, and calls for the restoration of the rule of law and respect for human rights.
At least 3 people are reported to have died in Harare on 1 August as a result of the Zimbabwe Defence Forces’ (ZDF) use of live ammunition “to disperse” unarmed protestors in Harare’s Central Business District.
Members of the ZDF are reported to have fired live bullets against the fleeing crowd, and assaulted people indiscriminately, resulting in injuries and loss of life.
While the ICJ does not condone acts of violence carried out by protesters and party supporters, it strongly condemns the intentional use of lethal force and other actions of the ZDF, which were disproportionate and unnecessary in the circumstances.
According to the ICJ, the unrest could have been contained in a manner consistent with Zimbabwe’s international human rights law obligations, which, in turn, could have avoided loss of lives and injuries to protesters and bystanders.
“The use of lethal force on unarmed protesters must never be condoned,” said Sam Zarifi, the ICJ Secretary General.
“The intentional lethal use of firearms may only be made when strictly unavoidable in order to protect life,” he added.
The ICJ reminds the authorities in Zimbabwe of their commitment to rule of law, constitutionalism and protection of human rights as provided for under the Constitution and relevant international human rights law and standards.
The ICJ calls on them to uphold the rule of law and protect human rights during this post-election period.
The ICJ urges the responsible authorities to hold to account members of the ZDF responsible for the loss of life and limb during the protests on 1 August.
Contact:
Arnold Tsunga, Director of the Africa Regional Programme, International Commission of Jurists C: +263 77 728 3248, E: arnold.tsunga(a)icj.org
Background information
Protests erupted in the morning of 1 August 1 2018 during the announcement of the results for the National Assembly following “the Harmonised Elections” held on 30 of July 2018.
It is alleged by authorities that protesters were damaging property during the protest.
Media reports published later in the day indicate that the Zimbabwe Republic Police (ZRP) invoked section 37(1) of the Public Order and Security Act [Chapter 11 :17], which allows the Minister of Home Affairs upon request by the Commissioner General of Police to seek assistance from the Zimbabwe Defence Forces (ZDF) to quell civil commotion in any district and for the ZDF to assist.
The Zimbabwean Constitution recognizes and protects the rights of citizens to freely and peacefully demonstrate and petition.
It also guarantees the freedom of assembly and association.
Although section 86 of the Constitution makes clear the non-absolute nature of these rights, Zimbabwean authorities must be reminded that any limitations must be in terms of a law of general application and must be fair, reasonable, necessary and justifiable in a democratic society based on openness, justice, human dignity, equality and freedom.
Citizens of Zimbabwe are also reminded of these constitutional provisions and encouraged to exercise their rights within the confines of the law.
Jul 30, 2018 | News
The killing of Serbian defense lawyer Dragoslav Ognjanović must be independently, promptly, and thoroughly investigated and the perpetrators brought to justice, the ICJ said today.
Dragoslav Ognjanović (photo), a prominent lawyer who had defended Slobodan Milosovic and had also represented defendants in cases of organized crime, was shot dead outside his home in Belgrade late on Saturday 28 July.
“Safety of lawyers is essential to the fair operation of the justice system and to protection of the rule of law. The Serbian authorities now need to take urgent steps to re-establish confidence that they can ensure the safety of lawyers who may be under threat, and to investigate and bring to justice the perpetrators of this crime,” said Justice Radmila Dragicevic-Dicic, of Serbia’s Supreme Court, Vice-President of the ICJ.
“Investigation and prosecution of this case will be a significant test for the Serbian authorities and the legal system,” she added.
The Serbian and Belgrade bar associations have called a week-long suspension of work by lawyers in order to express their concern at the risk of violence against lawyers.
Serbian authorities have blamed an ongoing turf war between organized crime groups competing to control the narcotics trade.
“The concerns of the Serbian legal profession should be taken seriously by the government and the prosecution service, and the bar associations should be consulted on means to ensure the safety of lawyers,” said Róisín Pillay, Director of ICJ’s Europe Programme.
Additional information
International human rights law, including the European Convention on Human Rights to which Serbia is a party, requires that states take steps to protect the life and physical integrity of persons who they know or ought to know are at real risk of violence.
In addition, the right to life, protected under Article 2 of the European Convention as well as under other international law standards, requires states to ensure an independent, prompt and effective investigation into killings, with a view to bringing to justice those responsible.
According to the UN Basic Principles on the Role of Lawyers, governments must ensure that lawyers are able to perform all of their professional functions without intimidation, hindrance, harassment or improper interference (principle 16). The UN Basic Principles specify that “[w]here the security of lawyers is threatened as a result of discharging their functions, they shall be adequately safeguarded by the authorities” (principle 17).
Jul 27, 2018 | News
On 25 July, the ICJ visited the displaced persons of the Laguna Larga community, who were forcibly evicted from their homes over a year ago.
These displaced persons are now living in makeshift tents in infra-human conditions in the El Desengaño community, municipality of Candelaria, State of Campeche on the frontier between Guatemala and Mexico.
Their health and well-being are at serious risk.
On 8 September 2017, the Inter-American Commission on Human Rights (IACHR) granted precautionary measures in favour of the evicted and displaced community of Laguna Larga (Resolution 36/2017 Precautionary Measures No 412-17), calling on the Guatemalan authorities to adopt the “necessary measures to protect the rights to life and to personal integrity of the beneficiaries, through measures designed to improve, among other aspects, their sanitary and health conditions, in particular of children, women and the elderly”.
To date, the Guatemalan authorities have taken no action to implement the precautionary measures.
The ICJ was able to observe that the only measure adopted by the Guatemalan State has been to provide the displaced community with two teachers to give classes to the children.
However, the ICJ could also observe that the educational installations are precarious, too hot and very dark, which makes it difficult to give classes.
No sanitary nor health services have been provided by the Guatemalan authorities. On 24 July, a child died only 30 hours after her birth, seemingly a consequence of lack of medical attention.
Neither have other precautionary measures concerning food, access to water and housing been implemented.
The ICJ is deeply concerned that the Guatemalan State has not fulfilled the requirements of the IACHR and that after a year, the rights to life and personal integrity of the displaced community of Laguna Larga is at risk of irreparable harm.
In the face of the inaction of the Guatemalan authorities, members of the Laguna Larga community with the support of Mexican and Guatemalan organizations have managed to implement various projects to provide drinking water, electricity, food and health services.
However, despite these important efforts, this humanitarian support remains insufficient given the serious crisis.
While the efforts of the Laguna Larga community and Mexican and Guatemala non-governmental organizations have been an example of civil society organization, it in no way exonerates, substitutes or reduces the responsibility of the Guatemalan State to guarantee the rights to life and personal integrity of the displaced population and to implement the precautionary measures ordered by the IACHR.
Ramon Cadena, Director of ICJ’s Central American Office, said:
“Given this situation, the ICJ urges the Guatemalan authorities immediately to fulfil the Inter-American Commission on Human Rights’ precautionary measures 412-17 and to resume the dialogue that was started before the eviction. According to international standards, the State should provide reparations for all the harm and prejudice caused.”
