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Posts Tagged ‘Civil society’
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May 15, 2015Jean-Daniel Vigny hopes to improve NGO participation at the UN
May 4, 2015Getting ‘consultative status’ with the UN is for many NGOs a nightmare and a subject that does not attract the most attention. Hopefully this opinion piece written by Jean-Daniel Vigny, Swiss human rights expert and member of the Board of the International Service for Human Rights (27 April 2015) will help to change this:
He makes 5 recommendations in relation to the ECOSOC Committee on NGOs (shortened version):
- Ministries of Foreign Affairs positively inclined to civil society and the big international NGOs represented in New York should actively participate in each session of the ECOSOC Committee;
- The EU and the rest of WEOG and other friendly States of civil society from the East European Group, GRULAC, the African Group and the Asian Group and national and international NGOs should join the campaign for improved membership and modalities of the NGO Committee;
- The status quo of quasi permanent membership to the NGO Committee by some States not favourable to civil society should be broken;
- (a rather difficult one) ECOSOC could develop an ‘interpretative guide’ for the Committee on the application of ECOSOC resolution 1996/31 (or get agreement on a paragraph calling for all applications for consultative status to be forwarded to ECOSOC for decision within a 3 years limit, thereby short-circuiting the present practice of repeated deferral of many applications);
- Share cases of denial or repeated deferral of consultative status as reprisals with the Special Rapporteur on Freedom of Association and Assembly and to pursue implementation of his recommendations to strengthen NGO participation at the UN and in other multilateral fora. We could also encourage the Special Rapporteur on Human Rights Defenders to study, report and make recommendations as to the reform of the NGO Committee, including in relation to the misapplication of ECOSOC resolution 1996/31.
The full text of the piece entitled “NGO participation at the UN: A roadmap for reform” follows:
High Commissioner leaves Burundi and the repression goes up…
April 29, 2015
High Commissioner for Human Rights Zeid Ra’ad Al Hussein (second left) at a roundtable discussion during his mission to Burundi.Photo: UN Electoral Observation Mission in Burundi (MENUB)
The UN High Commissioner for Human Rights left Burundi on 15 April with a final exhortation that “Burundian parties must choose the path to democracy and the rule of law“. Only a week later the authorities increased their crackdown on dissent to silence those who oppose a third term for the President.
“This is a critical moment in Burundi’s history,” said UN High Commissioner for Human Rights Zeid Ra’ad Al Hussein during his mission to Burundi. “Its future may well depend on which path is chosen by individual politicians and their supporters, as well as various key authorities, over the next few weeks.”… “And history – and possibly national or international courts – will judge those who kill, bribe or intimidate their way to power.”
He pointed out that recent events were of great concern, with tensions rising sharply over the past few months as the elections approach, reportedly stoked by an increase in politically motivated harassment, intimidation and acts of violence, as well as a reported rise in hate speech. He pointed to “extreme examples of hate speech” heard at a pro-Government political rally in Bujumbura and several examples of attacks on and intimidation of journalists, human rights defenders and opposition politicians.
“I will put it bluntly,” he said “As I prepared for this mission, I talked to many knowledgeable people, within and outside the UN, in Geneva and New York. They were all, without exception, alarmed about the direction the country appears to be taking. The Secretary-General has signalled his concerns, and so has the Security Council.”
He cited the main cause for concern as the pro-Government militia called the Imbonerakure, which he said appeared to be operating increasingly aggressively and with total impunity. People were fleeing the country, with up to 1,000 people per day crossing into Rwanda, and many of those leaving telling UN officials that their reason for leaving is fear of the Imbonerakure.
Mr. Zeid said the Government needed to send a clear message that extremism and impunity would no longer prevail and he added that all political demonstrations needed to be treated equally and in accordance with international laws and standards relating to freedom of assembly. Opposition politicians needed to play a part, too, refraining from inflation or exaggeration of facts to whip up anti-Government support and feed a climate of fear. They also needed to ensure that their supporters protest peacefully, and do not indulge in hate speech or react violently to perceived provocations. He said he had held several meetings since arriving in Burundi on Sunday, including with the country’s top officials, as well as civil society organizations, the National Human Rights Institution (CNIDH), foreign diplomats, opposition politicians, and key State institutions such as the Truth and Reconciliation Commission, the Independent National Electoral Commission, and the President of the Constitutional Court. “During the course of these meetings and discussions, it was very clear that many people here are also extremely worried,” …. “Ultimately, it is the authorities who have the obligation to protect all citizens and residents from intimidation and violence committed by any individual or group. They must also accept that criticism is a vital element of democracy, not a threat that must be crushed.”
A week later Front Line Defenders and the African defenders network EHAHRDP reported inter alia:
- a clampdown on human rights defenders and journalists by Burundian authorities in connection with ongoing protests against President Nkurunziza’s bid for a third term widely deemed unconstitutional by Burundi’s civil society (with AP reporting 6 people killed at demonstrations over the weekend)
- on 27 April 2015, human rights defender Pierre Claver Mbonimpa was arrested and released a day later without charge after being held in police custody approximately 48 hours [Pierre Claver Mbonimpa, Laureate of the MEA 2007, is the President of the Burundi Association for the Promotion of Human Rights (APRODH). He is also a member of the coalition “Halt to Nkurunziza’s third term”, a peaceful campaign which was launched in January 2015 by several civil organisations to oppose a third presidential term]. In May 2014, Pierre Claver Mbonimpa was also arrested and much later released [https://thoolen.wordpress.com/2014/09/30/news-from-burundi-release-of-human-rights-defender-pierre-claver-mbonimpa/].
- an arrest warrant seems also to have been issued against human rights defenders Messrs Pacifique Nininahazwe and Vital Nshimirimana from the Forum for the Strenghtening of Civil Society (FORSC), who are perceived as leading organisers of the campaign against the Nkurunziza’s third term.
- state authorities forcibly closed the Bujumbura and Ngozi offices of the African Public Radio (Radio Publique Africaine – RPA), a private radio station of Burundi known for dealing with human rights-related issues
- 0n Monday morning, police forcibly closed the Media Synergy Press Conference that was taking place at Maison de la Presse in Bujumbura.
“The risks facing human rights defenders in Burundi, as well as the wider civilian population, are now at critical proportions,” said EHAHRDP’s director Hassan Shire.
Human Rights Defenders must shift their framework, to earn the public’s support
April 20, 2015Open Democracy carries regularly interesting pieces related to human rights defenders (e.g. https://www.opendemocracy.net/5050/daysi-flores/hope-as-survival-strategy-for-defensoras-in-honduras), but I draw your attention to a particular pertinent one on the ‘framing’ of the human rights debate. This blog has always taken a special interest in this aspect of human rights work [see e.g. https://thoolen.wordpress.com/2012/04/30/media-framing-and-the-independence-of-the-judiciary-the-case-of-water-boarding/]. This post by Rachel Krys focuses on the United Kingdom but much is relevant to other European countries where similarly there are sustained efforts – with the media leading or at least being a conduit – to give ‘human rights’ either a bad name or at least portray it as something ‘foreign’, ‘European’ [!!] and only necessary for others. Read the rest of this entry »
China’s new foreign NGO law bound to make things worse for ‘sensitive’ human rights defenders
April 8, 2015Maya Wang (twitter @wang_maya), a China researcher at Human Rights Watch, published on 8 April 2105 an interesting post under the title “China’s new foreign NGO law will help silence critics“.
Photo courtesy of Flickr user Willem Velthoven.
Some years back I participated in an interesting meeting with Chinese academics in Beijing about exactly this issue of the status of NGOs in China. The meeting resulted in a book ‘NGOs in China and Europe’ (exceptionally also published in Chinese!) edited by Yuwen Li and published by Ashgate in 2011 (ISBN: 978-1-4094-1959-4). Although almost all participants agreed that the current regime for establishing associations is too cumbersome and too heavy-handed for Chinese civil society to flourish, the Government made clear that its main concern remained with what Maya calls ‘sensitive’ NGOs. Those working on issue that are even faintly related to human rights or smack of possible activism, especially when funded from abroad, are seen as a danger and should be subject tot maximum control. That seems to be born out by the draft of the long-awaited ‘Foreign NGOs Administration Law’, likely to be adopted this year and of which Human Rights Watch obtained a copy.
As Maya states, it has never been easy to run an independent organisation in China. The risks of being arbitrarily shut down or harassed are high, as shown by the arrest on 8 March of five women’s rights activists and a 24 March raid on an NGO that supports their work in Beijing. But the absence of a national law governing NGOs, coupled with differences in attitudes towards NGOs by regional leaders, have afforded some leeway for those with creative strategies. It has been common for ‘sensitive’ NGOs to register as a business to bypass the wary eyes of the state, or not register at all. And over the years, some international funding to these organisations in China has been tolerated.
Especially ‘sensitive’ NGOs have been unable to access domestic funding sources because they are not legally registered as a nonprofit and anyway those who did want to fund would receive official harassment. The new Foreign NGOs Administration Law is bound to end the funding lifeline that allowed more outspoken NGOs to operate.
The draft law is likely to significantly tighten the Government’s control over civil society says Maya: “If approved, the Ministry of Public Security (not the Ministry of Civil Affairs) will now have the power to supervise and approve registration of foreign NGOs. That ‘supervision’ can entail entering the premises of the foreign NGO at any point, questioning its staff, and copying or seizing any document, all tactics more commonly reserved for a criminal investigation. Foreign NGOs will have to submit for approval annual work plans and funding allocations, and will be prohibited from engaging in a range of peaceful activities, from raising funds or accepting donations in-country to recruiting volunteers or trying to recruit members ‘directly or indirectly.’” Violations of these prescriptions mean that an NGO’s representative in China would be liable to punishments, including a 15-day detention.
“The draft law is another step towards the Chinese Government’s ‘differentiated management’ model of NGOs, in which domestic groups working on issues approved by the state, such as charities for people with disabilities, can register easily and are considered for increased state funding and support. But those engaged on rights or lobbying are stifled. The draft explicitly prohibits activities that ‘endanger…national security, unity and solidarity’ or that ‘go against China’s social morality’. These are vague terms, but ones frequently used to silence peaceful government critics and activists.”
Monday 2 March, start of the #idefend campaign
February 28, 2015On Monday 2 March 2015 starts the “#idefend – Making sure civil society has its voice” campaign. It is an initiative of the Delegation of the European Union to the UN in Geneva in partnership with the Office of the High Commissioner for Human Rights and the Permanent Missions of Brazil, the Republic of Korea and Tunisia.
The #idefend campaign takes a public stance to support the voices of civil society.#idefend aims at expressing solidarity with all those human rights defenders and civil society actors, whose dedication and everyday work improve the human rights of people in every corner of the world. Join the campaign and help empower those who speak up for human rights!
“Human rights defenders are not violent seditionists, criminals, nor bloody revolutionaries, as so many governments like to portray them. They are the best of us, all of us. And they have a message. To all governments, we say: focus on their message. Listen to what they are saying. Understand the message, talk to them about it, be persuaded or persuade, without violence, instead of silencing them, punishing them, their families, and their communities.”
Zeid Ra’ad Al Hussein, UN High Commissioner for Human Rights
“Sadly, over the past years, we have observed a worrying trend at the Human Rights Council: Human Rights Defenders and civil society representatives are hampered from speaking at the Council, sometimes they are harassed upon their arrival to Geneva, or subject to reprisals in their home country upon their return. This is not acceptable.”
Peter Sørensen, Head of the EU Delegation to the United Nations
The new Prague Civil Society Centre explained
February 23, 2015On 23 February 2015 Radio Prague reported that a new centre designed to promote civic engagement in post-Soviet countries has formally begun operating in Prague. The Prague Civil Society Centre seeks to cultivate values such as openness and human rights in countries such as Belarus, Russia, Armenia, Georgia and Ukraine. Download MP3 for the full interview by Dominik Jun with Rostislav Valvoda, head of the new centre.
Russia: The Supreme Court rejects a lawsuit filed against “Memorial”
February 9, 2015On 6 February 2015, the Observatory for the Protection of Human Rights Defenders, an OMCT-FIDH joint programme, welcomed the decision of 28 January of the Russian Supreme Court to reject the complaint filed by the Ministry of Justice against the Society “Memorial”.
[Since its foundation in the final years of the Soviet Union, the network “Memorial”, consisting in a number of independent NGOs under the same society, is known for exposing Soviet-era repression, commemorating victims of violations and monitoring the current human rights situation in the Russian Federation and other post-Soviet countries.]
“The complaint filed by the Justice Ministry, was a clear attempt to harass and discredit the Society “Memorial”, undermine its tremendous human rights work and expeditiously lead to its closure. It followed years of harassment, in the form of defamation through slandering media campaigns and acts of vandalism targeting the group’s headquarters in Moscow.Russian civil society organisations are facing a deep and systematic clampdown”, said OMCT Secretary General Gerald Staberock.
[Human Rights Center “Memorial” is currently fighting a separate battle against an official move to label it a “foreign agent” under the controversial law targeting NGOs that receive foreign funding. Moreover, under a newly proposed piece of legislation, currently debated in the State Duma of the Russian Federation, foreign organisations would face being labelled as “undesirable” and closure and local NGOs engaged in cooperation with such bodies would face criminal charges.]
“While the decision of the Supreme Court dismissing the complaint against the Society “Memorial” should be welcomed, we remain deeply concerned by the constant threats to human rights defenders in the Russian Federation in the context of an ever increasing repressive legal framework and frequent attacks targeting human rights defenders”, said FIDH President Karim Lahidji.
The Observatory recalls in this context the recent brutal attack on lawyer Mourad Magomedov, who works with the Human Rights Centre Memorial in Daghestan, by five unknown men in Makhachkala, Dagestan.
Russia: the next step in curtailing human rights defenders
January 19, 2015The next ‘logical’ step by Russia in curtailing the work of human rights defenders is in the making: on 20 January the Russian Parliament (Duma) will debate a bill to declare certain foreign and international organisations as ‘unwanted’ and to fine anyone working with such entities. The Observatory, a joint programme of FIDH and OMCT, issued a statement today calling on the Duma to drop this bill.
If adopted, the law will complement an already very restrictive legislative arsenal used to silence all forms of criticism against the regime in contradiction with international human rights instruments ratified by Russia and will allow authorities to ban legitimate human rights activities, though they are protected under international law. On January 14, the State Duma Committee on Constitutional Legislation recommended that the lower house pass a bill to ban “undesirable foreign organisations” in Russia and ban cooperation with them. The bill, presented initially by two members of Parliament, would allow the Prosecutor General’s Office, upon consultation with the Foreign Ministry and based on information provided by the interior and security agencies, to ban foreign and international organisations that “threaten the defence or security of the State” or “public order and health”.
Subedi’s last fact-finding mission to Cambodia
January 15, 2015UN Rapporteur Surya P. Subedi will carry out an official visit to Cambodia from 17 to 25 January 2014. This is Mr. Subedi’s last mission in his capacity as the Special Rapporteur on the situation of human rights in Cambodia as appointed by the UN Human Rights Council. He is expected to meet with the Prime Minister and other senior members of the Government as well as human rights defenders, representatives from civil society organisations and communities as well as the UN Country Team and the donor community.
Since his appointment as Special Rapporteur in March 2009, Mr. Subedi has made eleven visits to Cambodia and has presented seven reports to the UN Human Rights Council. He is completing his full term of six years in this position in March 2015 when a new mandate holder will be appointed.
Final fact-finding mission to Cambodia | Scoop News.
For earlier posts on Cambodia: https://thoolen.wordpress.com/tag/cambodia/
The Special Rapporteur’s latest report to the Human Rights Council (A/HRC/24/36): http://www.ohchr.org/EN/HRBodies/HRC/RegularSessions/Session24/Pages/ListReports.aspx
Hans Thoolen on Human Rights Defenders and their awards 