Posts Tagged ‘amicus brief’

India’s overblown notion of sovereignty: NO to UN advice for Supreme Court

March 5, 2020

The Wire (India) and other news outlets have written about the controversy ‘created’ around the UN High Commissioner for Human Rights’ intervention (Amicus Brief) in the Indian Supreme Court against the Citizenship Amendment Act (CAA). In response, the Indian government has claimed that no foreign party has “locus standi” on CAA as it pertains to Indian sovereignty.

In a statement on Tuesday, ministry of external affairs spokesperson Raveesh Kumar said that India’s permanent mission in Geneva was informed “yesterday evening by the UN High Commissioner for Human Rights that her Office had filed an Intervention Application in the Supreme Court of India in respect to the 2019 Citizenship Amendment Act (CAA)”. The CAA, passed by the Indian parliament in December 2019, seeks to grant fast-track citizenship to non-Muslim migrants from Pakistan, Bangladesh and Afghanistan who arrived in India on or before December 31, 2014. The CAA had led to widespread protests in India, starting with northeastern states. The UN human rights commissioner has highlighted several times that CAA would be discriminatory and violates India’s commitments made under international law. The UN stated that the High Commissioner has “has great respect for the Indian Supreme Court’s independence and importance, and in accordance with similar interventions in domestic jurisdictions by the High Commissioner and her predecessors, the amicus curiae  will focus on providing an overview of relevant and applicable international human rights standards and norms to support the Court’s deliberations in the context of its review of the CAA”.

After India was informed about OHCHR’s intention, Kumar asserted CAA was an “internal matter of India and concerns the sovereign right of the Indian Parliament to make laws”. “We strongly believe that no foreign party has any locus standi on issues pertaining to India’s sovereignty,” he added.

That reaction seems rather overblown. The Supreme Court is hearing a total of 143 petitions seeking to examine the constitutional validity of the Citizenship Amendment Act. Foreign governments and nationals have been parties to several legal cases in the Indian court system. (The Supreme Court is currently hearing a petition filed in 2017 against the Indian government’s plan to deport all Rohingya Muslims, estimated to be around 40,000, back to Myanmar. On January 10, UN special rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance E. Tendayi Achiume filed an application seeking to intervene in the ongoing case, which is being heard by a three-judge bench headed by Chief Justice S.A. Bobde. Earlier in the Italian marines case, the Italian ambassador had filed a petition challenging the jurisdiction of the Indian police after the arrests of the marines for the killing of Indian fishermen off the coast of India.)

In her draft application, Bachelet sought to intervene as an amicus curiae “by virtue of her mandate to inter aria protect and promote all human rights and to conduct necessary advocacy in that regard, established pursuant to the United Nations General Assembly resolution 48/141”. She noted that the office of the UN human right chief had filed amicus curiae briefs within proceedings before diverse jurisdictions, including International Criminal Court, US Supreme Court and final appeal courts in Asia and Latin America.

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https://thewire.in/diplomacy/un-human-rights-chief-intervention-application-supreme-court-caa

https://www.thehindu.com/opinion/editorial/rights-or-wrong-the-hindu-editorial-on-un-rights-body-moving-supreme-court-against-caa/article30984751.ece

Russia before the European Court for limiting NGOs communication with international bodies

August 8, 2017

In an intervention to the European Court of Human Rights in a case against Russia, the International Service for Human Rights (ISHR) has called on the Court to explicitly rule that that the rights to freedom of expression and association include the right to unhindered access and communication with international human rights bodies.

A law in Russia requires that an NGO receiving foreign funding and engaging in ‘political activity’ register as a ‘foreign agent‘. ‘Foreign agents’ not only have to comply with cumbersome financial and reporting requirements, but the negative stigma associated with this label have been described as debilitating. [https://humanrightsdefenders.blog/2013/12/16/russian-court-declares-adc-memorial-formally-as-foreign-agent-others-to-follow/]

After submitting a report to the UN Committee Against Torture, Anti-Discrimination Centre (ADC) Memorial – an NGO at that time operating in Russia – was required to register as a foreign agent on the basis that submitting the report constituted ‘political activity’. Following this, ADC Memorial brought a case against Russia in the European Court of Human Rights alleging that the administrative consequences associated with being labeled a foreign agent violate the rights to freedom of expression and association protected by the European Convention of Human Rights. ‘This case raises issues regarding meaningful protection the European Convention on Human Rights provides individuals exercising their right to freedom of expression and association with international human rights bodies and mechanisms’, says ISHR’s Legal Counsel Tess McEvoy. ‘It also demonstrates a serious and systematic human rights problem of reprisals and intimidation against those cooperating with the UN.’

ISHR submitted a third party intervention in the case of ADC Memorial. ‘The intervention is designed to assist the Court by providing an extended analysis of the scope of the rights to freedom of expression and association in international law to inform the interpretation of the European Convention on Human Rights’, McEvoy states. The analysis concluded that accessing and communicating with the UN is protected under the rights to freedom of expression and association enshrined in the European Convention on Human Rights, and that reprisals and intimidation against those cooperating with the UN would violate those rights. ‘It is vital that human rights defenders have the ability to communicate, publish and disseminate information to international human rights institutions to effectively promote and protect human rights. We call on the European Court to ensure that right is protected’.

For more information contact: Tess McEvoy, t.mcevoy@ishr.ch.

Source: Reprisals | ISHR calls on European Court to protect the right to communicate with international bodies | ISHR