International Civil Society Week: counterterrorism used against human rights defenders

May 2, 2019

More than 200 civil society leaders and human rights activists from some 100 countries took to the streets of Belgrade, Serbia in solidarity with those whose basic freedoms are at risk. They participated in the International Civil Society Week (ICSW), sponsored by CIVICUS, which took place in Belgrade, April 8-12. I blogged about contributions to this meeting before [https://humanrightsdefenders.blog/2019/04/14/international-civil-society-week-2019-call-for-more-ngo-voice-in-the-un/]. Here another one: “Civil Society Under Attack in Name of Counterterrorism” b

Civil society has long played a crucial role in society, providing life-saving assistance and upholding human rights for all. However, counterterrorism measures, which are meant to protect civilians, are directly, and often intentionally, undermining such critical work. “Civil society is under increased assault in the name of countering terrorism,” Human Rights Watch’s senior counterterrorism researcher Letta Tayler told IPS, pointing to a number of United Nations Security Council resolutions as among the culprits.

…..The newly approved Resolution 2462, passed at the end of March, requires member states to criminalise financial assistance to terrorist individuals or groups “for any purpose” even if the aid is indirect and provided “in the absence of a link to a specific terrorist act.” While the resolution does include some language on human rights protections, Tayler noted that it is not sufficient. “It is not sufficiently spelled out to make very clear to member states what they can and cannot do that might violate human rights on the ground,” she said…

Among the major issues concerning these resolutions is that there is no universal, legal definition of terrorism, allowing states to craft their own, usually broad, definitions. This has put civil society organisations and human rights defenders (HRDs) alike at risk of detention and left vulnerable populations without essential life-saving assistance. “I think it is irresponsible of the Security Council to pass binding resolutions that leave up to States to craft their own definitions of terrorism…that’s how you end up with counterterrorism laws that criminalise peaceful protest or criticising the state,” Tayler said.

Oxfam’s Humanitarian Policy Lead Paul Scott echoed similar sentiments to IPS, stating: “The Security Council, by being overly broad, is just giving [governments] the tools to restrict civil society.”

According to Front Line Defenders, an Irish-based human rights organisation, 58 percent of its cases in 2018 saw HRDs charged under national security legislation.

Special Rapporteur on the promotion and protection of human rights while countering terrorism Fionnuala Ní Aoláin .. noted that country’s counterterrorism laws are being used as a “shortcut to targeting democratic protest and dissent.”

…..

….The problem has only gotten worse since then, Paul noted. “The measures imposed by governments are unnecessarily broad and they prevent us from working in areas that are controlled by designated terrorist entities. What they have essentially done is criminalise humanitarian assistance,” he said.

Tayler highlighted the importance of the UN and civil society to monitor how counterterrorism resolutions such as Resolution 2462 are used on the ground. “While we would love to see amendments to this resolution, pragmatically the next best step is for all eyes—the eyes of civil society, the UN, regional organisations—to focus on just how states implement this resolution to make sure that overly broad language is not used by states to become a tool of repression,” she said…

Paul pointed to the need to educate both the public and policymakers on counterterrorism and its spillover effects as well as the importance of civil society in the global system.

Civil society is a key part of effective governance. We don’t get effective public services, we don’t get peace, we don’t get to move forward with the anti-poverty agenda if civil society actors aren’t strong and empowered,” he said…

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