Category Archives: Universal system

Pardon of Former Peruvian President Fujimori Raises Legal Questions

President Pedro Pablo Kuczynski
Credit: Cobot156 via Wikimedia Commons

The Inter-American Commission on Human Rights (IACHR), two United Nations special rapporteurs, and one UN working group recently condemned Peruvian President Pedro Pablo Kuczynski’s decision to issue a humanitarian pardon on December 24, 2017 to former President Alberto Fujimori, who was convicted and sentenced in 2009 to 25 years in prison for murder, kidnapping, and crimes against humanity during his presidency; the IACHR and the UN human rights experts question whether the decision meets international human rights legal requirements, and asserts that it undermines the efforts of victims and witnesses who brought Fujimori to justice. [IACHR Press Release; OHCHR Press Release; HRW: Pardon] See Resolución Suprema No. 281-2017-JUS (2017) [Spanish Only]. The pardon, issued officially for humanitarian reasons due to Fujimori’s health, absolves Fujimori of his convictions and releases him from his sentence. [IACHR Press Release] Peru is obligated under international human rights law to investigate alleged rights violations and punish perpetrators, and not to implement pardons or amnesty laws that undermine the rights to a fair trial and to judicial protection. [IACHR Press Release; OHCHR Press Release]

Some Peruvians and UN experts believe that the pardon was politically motivated because of a potential connection between Fujimori’s pardon and the cancelled impeachment proceedings against President Kuczynski; the impeachment proceedings were dropped just three days after the impeachment hearing of President Kuczynski, who survived a removal vote with the help of a 10-person coalition that crossed party lines to abstain from the removal vote, led by Fujimori’s son Kenji Fujimori. Seven of the 10 lawmakers communicated with Fujimori leading up to the vote. [Reuters; HRW: Pardon; OHCHR Press Release] President Kuczynski’s decision triggered street protests and unrest in Peru. [OHCHR Press Release; Guardian: Pardon] Read more

January 2018: Universal Periodic Review and Regional Bodies in Session

Palais des Nations
Credit: UN Photo/Violaine Martin

In January 2018, several universal and regional human rights bodies and experts will assess States’ compliance with their human rights obligations through the consideration of State and civil society reports, interactive dialogues, country visits, and hearings. One United Nations treaty body will meet throughout January to assess States’ compliance with their treaty obligations related to the rights of the child. The Universal Periodic Review (UPR) Working Group will also be in session and will conduct interactive dialogues with representatives from 14 States. Three UN special procedures mandate holders will conduct country visits, and an additional special procedure working group will hold sessions. Regionally, the Inter-American Court of Human Rights (IACtHR) and the European Committee of Social Rights (ECSR) will be in session, and the Grand Chamber of the European Court of Human Rights (ECtHR) will hear two cases related to the rights of liberty and security, the right to freedom of assembly, the right to a fair trial, and the limitation of restrictions on rights.

The UN treaty body’s session may be watched via UN Web TV. The IACtHR’s session may be viewed on its website or Vimeo page, and the ECtHR’s hearings may be viewed on its webcast.

 To view human rights bodies’ past and future activities, visit the IJRC Hearings & Sessions Calendar. Read more

Happy Human Rights Day 2017!

Happy Human Rights Day from the International Justice Resource Center! On this day, we celebrate the adoption of the Universal Declaration of Human Rights and the fundamental values it recognizes. At IJRC, we believe justice is borderless, but as the Universal Declaration of Human Rights enters its 70th year, much work remains to realize its vision.

For nearly seven years now, IJRC has been working to make international human rights protections more accessible, transparent, and relevant to the lives of people around the world. Our services help ensure that individuals harmed by human rights violations can achieve accountability and redress, no matter their circumstances. Watch below for a one-minute glimpse into one area in which our work has made a difference over the past year.

Our online readers and users are vital partners in this struggle.We invite you to join us in celebrating Human Rights Day by investing in the promise of the justice beyond borders and human rights for all.

During this giving season, every donation to IJRC will be matched – dollar for dollar – doubling the impact of your support. And, an additional 1% will be added to every donation made through the PayPal Giving Fund.
On behalf of the IJRC team and the many people we serve, thank you for joining us in this important work.

Victor Madrigal-Borloz Appointed Independent Expert on Sexual Orientation and Gender Identity

Victor Madrigal-Borloz

On December 4, 2017, the United Nations Human Rights Council appointed Victor Madrigal-Borloz as the new Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity to replace Vitit Muntarbhorn, who resigned for personal reasons. [OHCHR Press Release: Announcement] Madrigal-Borloz is expected to begin his term as the new Independent Expert on January 1, 2018. [OutRight International] The Human Rights Council first created this special procedure mandate in a resolution adopted in November 2016 after a controversial debate. [OHCHR Press Release: New Mandate] The mandate is up for renewal in 2019, at which time, assuming the mandate is renewed, Madrigal-Borloz will be able to serve an additional three years. [OutRight International] In addition to being the current Secretary General of the International Rehabilitation Council for Torture Victims, Madrigal-Borloz has served on the Board of Directors of the International Justice Resource Center since 2011. Read more

After Contested Election, UK Withdraws ICJ Candidate

The Peace Palace in the Hague, Netherlands
Credit: UN Photo/ICJ/Capital Photos/Gerald van Daalen

The United Kingdom announced yesterday its withdrawal of its candidate for a spot on the International Court of Justice (ICJ), the principal judicial organ of the United Nations, allowing Judge Dalveer Bhandari of India to be elected as the sole candidate. [UN News Centre] After ten rounds of voting, another round was due to take place yesterday but was canceled following the announcement. [Guardian] Previous rounds of voting had elected four candidates to take four of the five empty seats on the Court, but as of Monday morning the final open seat remained undecided between Judge Dalveer Bhandari of India and Judge Christopher Greenwood of the United Kingdom. [Washington Post] A candidate must secure a majority of votes in both the UN Security Council and the UN General Assembly to win a seat; Judge Bhandari had a majority of votes in the General Assembly, and Judge Greenwood had a majority in the Security Council. [Washington Post] This will be the first time that the United Kingdom is not represented in the composition of the Court. See ICJ, All Members.

The conversation surrounding this election is part of a broader debate on the composition of international courts and whether they are representative of the populations they serve. The GQUAL Campaign has focused on whether courts are representative by gender, and there is increased debate over whether the developing world and Asia are adequately represented on international courts and tribunals. [GQUAL Campaign] One consideration in the election is the tension between the General Assembly and the Security Council, where some members of the General Assembly feel that their voice is not being heard or is being downplayed by the permanent members of the Security Council – China, Russia, United States, United Kingdom, and France. [Times of India; Guardian] Additionally, with Judge Bhandari remaining on the Court, there will be four judges from Asia on the Court, one more than prior to the elections, and one fewer judge representing the western European and other States on the Court. [EJIL: Talk!] See ICJ, All Members. Read more

UN Committee Considers State Officials’ Immunity for Grave International Crimes

United Nations General Assembly hall
Credit: UN Photo/Sophia Paris

The Sixth Committee – an intergovernmental committee that considers legal questions in the United Nations General Assembly – finished late last month its consideration of a draft article that asserts State officials do not have immunity from the prosecution of crimes of genocide, crimes against humanity, war crimes, crimes of apartheid, torture, and enforced disappearance in a foreign criminal jurisdiction; the debate arose from a draft article from the International Law Commission (ILC), a group of international legal experts who prepare draft conventions and codify existing rules of international law. The ILC will put forth the draft article as a recognition of existing State practice or as a proposal for a future international convention. See ILC, About the Commission. [UN Press Release: Debate Ends] The Sixth Committee debated the contents of the ILC’s most recent report released during its 69th Session, which included the ILC’s draft of its provisionally adopted Article 7 on international crimes for which immunity from rationae materiae jurisdiction (subject matter jurisdiction) does not apply. See International Law Commission, Report of the International Law Commission at its sixty-ninth session, UN Doc. A/72/10, 4 August 2017, para. 140.

The draft of Article 7 originated from the report of a special rapporteur – a member of the ILC – appointed to address the issue of State officials’ immunity. Some ILC members expressed disagreement with the special rapporteur’s position that States’ practice supports the finding of exceptions to State officials’ immunity – the substance of Article 7. The ILC provisionally adopted the text with only 21 of the 34 members voting in favor of it. [UN Press Release: Immunity] The Sixth Committee’s two-day discussion on the draft law mirrored many of the arguments that were debated within the ILC before its provisional adoption of Article 7, namely whether the basis for the Article is supported by customary international law, whether procedural requirements may address impunity, the balance between prosecution of State officials and State sovereignty, and the ILC’s view of Article 7’s function as either the codification of existing law or the development of law. See Report of the International Law Commission, at VII.C., 180–183. [UN Press Release: ImmunityRead more

IJRC to Host Training for Advocates Attending African Commission Session

The International Justice Resource Center (IJRC) in collaboration with the Institute for Human Rights and Development in Africa (IHRDA) and the Initiative for Strategic Litigation in Africa (ISLA) will hold a training from 09:00 to 10:30 on October 30, 2017 at the Kairaba Hotel in Banjul, The Gambia, ahead of the 61st Ordinary Session of the African Commission of Human and People’s Rights (ACHPR). The training, which will take place at the seat of the ACHPR in Banjul, seeks to provide human rights defenders, advocates, and victims with updated tools and strategies for conducting research on sources in international human rights law, State compliance with human rights obligations, and national legislation and jurisprudence. As part of its 61st Ordinary Session, which begins on November 1, 2017, the ACHPR will celebrate its 30th anniversary; the ACHPR will use the commemoration to assess the progress of the Commission and to develop strategies for the future promotion of human rights in Africa. [ACHPR: Anniversary] IJRC invites all attendees of the 61st Ordinary Session and preceding NGO Forum to attend this training. For more information, see IJRC’s event flyer and training description.

IJRC also wishes to call attention to the recent arrest in Tanzania of ISLA executive director, Sibongile Ndashe, and 12 other advocates. These human rights defenders were arrested while participating in a workshop on planned litigation to challenge Tanzania’s restrictions on clinics and lubricants helping to stop the spread of HIV. [HRW] The police arrested the lawyers and activists for “promoting homosexuality,” a crime that reportedly does not appear on the Tanzanian criminal code; although they remained in detention, they had yet to be formally charged as of October 25, 2017. [ISLA; Daily Nation] Tanzania is among the countries that still criminalize same-sex conduct. See ILGA, Sexual Orientation Laws in the World – Criminalisation. Authorities have carried out similar arrests over the past year, as part of an intensified crackdown on the LGBT community. [AP; NewsDeeply; Guardian] IJRC has signed on to calls for their immediate release without charge, and looks forward to seeing our ISLA partners in Banjul. Read more

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