On 6 September 2013 members of the Kyrgyzstan‘s Parliament Mr Tursunbay Bakir Uulu and Mr Madaliev introduced a draft law on “non-commercial organisations fulfilling the role of foreign agent” for public discussion. The text of the draft law is inspired by [the ‘success’] similar provisions adopted in the Russian Federation in 2012. Read the rest of this entry »
Posts Tagged ‘civil society organisations’
Kyrgyzstan follows bad example set by Russia: foreign agents
September 13, 2013New wind in Turkey? Charges against 10 NGOs dropped.
May 23, 2013It is too early to jubilate but it is interesting to note that on 17 May 2013, charges were dropped in the case against the human rights organisation Van Women’s Association (VAKAD) and nine other civil society organisations in Turkey. Court proceedings for the closure of the ten groups were brought by the prosecutor on charges of links with the Kurdistan Worker’s Party (PKK). The hearing of 17 May 2013 was the second in the trial.
Rightly Front Line Defenders remains deeply concerned that the charges were brought in the first place and that anti-terrorism legislation continues to be used against legitimate human rights defenders and their organisations.
http://www.frontlinedefenders.org/node/22664
Russia now tries to cut CAT under ‘Foreign Agents’ Law
May 2, 2013reports that on 22 April 2013 the Committee Against Torture (CAT) is the next NGO received a letter of warning from the local Prosecutor’s Office. The letter alleges that CAT is violating the controversial new ‘Foreign Agents’ Law, which states that any Russian NGO involved in political activity and receiving foreign funding must register as a foreign agent.
CAT processes complaints about torture and inhuman or degrading treatment, carries out public investigations, represents the victims’ interests in court and before investigative bodies, and provides assistance with obtaining compensation. The letter from the Prosecutor’s Office states that CAT receives funds from sources outside of Russia, information which is freely available on CAT’s website. The letter also states that CAT has taken part in certain public events, unidentified in the letter, which the authorities consider to be political. According to the authorities, therefore, CAT should have registered as a foreign agent. Read the rest of this entry »
Russia pursues its policy of labeling human rights defenders as ‘foreign agents’
April 26, 2013In spite of protests by many NGOs and Governments around the world (including earlier posts in this blog), Russia seems bent on pursuing its idea of requiring all organisations which receive foreign funding and are engaged in political activity to register as ‘foreign agents’ [‘Foreign Agents’ Law of 21 November 2012] . After the passing of the law, GOLOS, Memorial and the Joint Mobile Group (just made the Final Nominee of the MEA 2013) and many other organisations declared that out of principle they would not register as ‘foreign agent’.
Yesterday, 25 April 2013, the Russian election watchdog GOLOS became the first NGO to be fined. The decision was taken by the Presnensky Court of Moscow. GOLOS is a Russian non-profit organisation which was founded in 2000 for the protection of voters’ rights and the development of civil society. The court found that GOLOS had been receiving foreign funding, thereby implying that it considered the 2012 Andrei Sakharov Freedom Award as such, despite testimony given by a representative of Norwegian Helsinki Committee who confirmed that GOLOS actually refused to receive the 7700$. The court also found that the advocacy work of GOLOS aimed at the introduction of amendments to the Electoral Code constitute ‘political activity’. The law does not define political activity, the precise definition of which depends on state officials’ interpretation. The court ruled that GOLOS and its executive director Lilya Shibanova failed to comply with the obligation to register as a ‘foreign agent’ and fined them 300,000 roubles (approximately €7500) and 100,000 roubles (approximately €2500) respectively. They intend to appeal the decision.
And on 24 April Front Line Defenders reported that the Russian NGO ‘Man and the Law’ has been warned under the same Foreign Agents Law. Man and the Law, which is based in the Mari-El Republic in Russia, received a warning from the local Prosecutor’s Office re ‘political activity’, evidence for which has allegedly been found in their Charter and on their website. Man and the Law is a local non-governmental organisation which monitors local officials’ and civil servants’ compliance with human rights standards. The NGO also works on prisoners’ rights and monitors detention facilities and organises seminars and workshops for local officials, especially from the Federal Penitentiary Service. The warning also states that the latest inspection of the organisation revealed foreign sources of funding, in which case Man and the Law should have registered as a foreign agent.
Related articles
- Russia fines first NGO under new law (bbc.co.uk)
- First administrative case opened against election watchdog GOLOS in Russia (thoolen.wordpress.com)
- Russian court fines Golos NGO under ‘foreign agent’ law (therearenosunglasses.wordpress.com)
- Western Rights Groups Slam Russian ‘Crackdown’ Under Putin (rferl.org)
Annual Report 2013 of the Observatory focuses on the issue of funding of NGOs
April 24, 2013
In its 2013 Annual Report, the Observatory for the Protection of Human Rights Defenders focuses on a new setback impeding the work of human rights defenders. Access to funding, in particular foreign funding, is increasingly being hindered by governments, whose primary intentions are to silence human rights defenders. The Report of the Observatory, a joint programme of the World Organisation Against Torture (OMCT) and the International Federation for Human Rights (FIDH), provides a global review of the violations of NGOs’ right to funding via various forms of restrictions imposed by States. It provides a detailed picture of this as yet insufficiently studied problem. This analysis is illustrated by concrete cases in 35 countries.
As also highlighted by Maina Kiai, United Nations Special Rapporteur on the Rights to Freedom of Peaceful Assembly and of Association, in the Foreword to the Report, “The topic of this year’s Report is most pertinent as lately we have witnessed increased stigmatization and undue restrictions in relation to access to funding and resources for civil society organizations, in an attempt to stifle any forms of criticism […]”.
Based on the legal framework surrounding the right to access to funding and the embryonic jurisprudence on this subject, the Report seeks to foster an in-depth analysis of the negative impacts of these restrictive measures, and addresses recommendations to all stakeholders – beneficiaries, donors, governments and intergovernmental organisations.
As also highlighted by Maina Kiai, United Nations Special Rapporteur on the Rights to Freedom of Peaceful Assembly and of Association, in the Foreword to the Report, “The topic of this year’s Report is most pertinent as lately we have witnessed increased stigmatization and undue restrictions in relation to access to funding and resources for civil society organizations, in an attempt to stifle any forms of criticism […]”.
Based on the legal framework surrounding the right to access to funding and the embryonic jurisprudence on this subject, the Report seeks to foster an in-depth analysis of the negative impacts of these restrictive measures, and addresses recommendations to all stakeholders – beneficiaries, donors, governments and intergovernmental organisations.
Two of the three Final Nominees of the MEA this year (in Egypt and Russia) have to deal with these kind of restrictions.
For those who missed the publication when announced in February: Annual Reports : OBS Annual Report 2013: Violations of the right … – FIDH.
German Foreign Office promotes better networks for human rights in Latin America –
April 24, 2013Rule of law, freedom of the press, women’s rights – these were just a few of the issues recently discussed at a conference which brought together human rights defenders from Central America and the Caribbean. Twenty human rights defenders from 13 countries and representatives from the German embassies attended the event, which took place from 17 to 18 April in Panama and was organized by the Federal Foreign Office. Also participating were the Federal Government Commissioner for Human Rights Policy and Humanitarian Aid at the Federal Foreign Office, Markus Löning, and the Regional Director for Latin America and the Caribbean, Thomas Karl Neisinger.
The discussions were dominated by the key issues affecting the region, such as the rule of law and women’s rights. Special attention was given to the subject of coöperation between embassies and human rights defenders as well as building networks and strengthening regional civil society. Despite the different situations in countries such as Honduras, Costa Rica and Jamaica, many states in the region face similar challenges. Consequently it is especially important to improve civil society networks so that human rights defenders can learn from one another’s experiences and coöperate more closely in the future.
This event was the fourth regional human rights seminar organized by the Federal Foreign Office. This format is to be retained for future events, for example in Southern Africa in June 2013.
Auswärtiges Amt – Latin America – Better networks for human rights.
First administrative case opened against election watchdog GOLOS in Russia
April 11, 2013I have expressed concern in earlier posts about the efforts of several governments – especially Russia – who use legal and administrative means to stop or restrict the work of NGOs. Russia uses the gimmick of requiring NGOs that receive funding from abroad to register as ‘foreign agents’. Many organisations have vowed to refuse. The campaign however grinds on and now Front Line reports the first case:
On 9 April 2013, the Ministry of Justice of the Russian Federation opened a case of administrative violation against the NGO ‘GOLOS’ Association for the defence of the rights of voters and its executive director Ms Lilya Shibanova. The Ministry of Justice stated on its official website that GOLOS receives foreign funding and participates in political activity, so the organisation should have registered as a ‘foreign agent’ and, by failing to do so, has infringed Article 19.34(1). On 10 April 2013, the Ministry of Justice will transmit the administrative case against GOLOS to the court. As GOLOS and its executive director have already made public their decision not to register as ‘foreign agent’ under any circumstances, the administrative conviction may be the first step to the closure of the organisation. Read the rest of this entry »
NGO convinces EU to pay particular attention to the situation of HRDs in Zimbabwe
April 11, 2013Interesting example of how NGO pressure can have effect on the EU: last December, FIDH organised a round of advocacy with its Vice-President and Laureate of the MEA 2006, Arnold Tsunga, to convey to the European Union its concerns around the ongoing risks for human rights defenders in the context of political deadlock and pre-electoral period [“Zimbabwe: Ongoing risks for human rights defenders in the context of political deadlock and pre-electoral period”, report of the Observatory for the protection of human rights defenders published in November 2012.] FIDH’s objective was to gear up the EU’s attention to ensure early warning and appropriate reaction in case of human rights violations taking place in the electoral cycle staring with the upcoming referendum on the new Constitution before the holding of Presidential elections in the summer of this year. FIDH’s advocacy was reflected in the European Parliament’s prompt reaction to the arrest of Okay Machisa, National Executive Director of ZimRights, and two other ZimRights members Leo Chamahwinya, Dorcas Shereni through an urgent resolution adopted on 7 February, which also relays the Observatory report recommendations. In addition, the EU Delegation and Heads of Missions in Harare issued a Statement on 22 February to indicate the EU’s particular concern around the pattern of incidents of harassment against civil society organisations and to call on the authorities to demonstrate impartiality in their relation to civil society.
via Zimbabwe : UE pays particular attention to the situation of … – FIDH.
Related articles
- Zimbabwe: Human Rights Defenders hunted through the criminal process in run up to referendum (thoolen.wordpress.com)
Zimbabwe: Human Rights Defenders hunted through the criminal process in run up to referendum
March 9, 2013
(Jestina Mukoko with letters from AI members © Amnesty International)
15 Zimbabwean Civil Society Organizations, on 9 March 2013 issued a joint statement condemning the sustained and escalating assault on non-governmental organisations (NGOs) involved in civic education, human rights monitoring, public outreach and service provision by the State. The cite as the latest example the charging of Jestina Mukoko on which AI issued a separate alert on 8 March: “Prominent Zimbabwe human rights defender hunted down through the media”.
Zambian Civil Society Groups Request Review of Human Rights Policy
March 6, 2013Just an example of how politics and elections interact with the role of human rights defenders, always a touchy subject:
After the Zambian Police arrested and charged Zambia’s opposition leader, Hakainde Hichilema, on 27 January 2013, seven 7 Civil Society Organisations in Zambia have called upon the Zambia’s Human Rights Commission, Southern African Development Community (SADC), the African Union, the Commonwealth and “other human rights defenders” to review Zambia’s human rights record and denounce the violations by the Zambian Government. The organisations have also called upon the Electoral Commission of Zambia to cancel by-elections in Livingstone and Mpongwe in accordance with Section 28 of the Electoral Act No. 12 of 2002. Reading the statement during the Press Briefing at FODEP House in Lusaka on behalf of the 7 organisations the Young African Leaders Initiative President Andrew Ntewewe, called on the Deputy Inspector General of Police to immediately resign for violating fundamental political rights which are guaranteed by the Constitution of Zambia when he banned political rallies in the Livingstone. With a strong sense of exaggeration the organisations have advised the Zambian Police Command to resist the temptation of “turning the Police Service into a unit similar to NAZIs Gestapo under Hitler in Germany”. The 7 organisations have lambasted the Zambia Police for their continued unprofessionalism in handling matters that border on freedom of expression, assembly, movement and association. The organisations that appended their signatures to the statement included; Foundation for Democratic Process (FODEP), Operation Young Vote (OYV), Anti-Voter Apathy Project (AVAP), Southern Centre for Construction Resolutions of Disputes (SACCORD), Young African Leaders Initiative (YALI), the Zambia Centre for Inter-party Dialogue (ZCID) and the Zambia National Womens Lobby Group (ZNWLG).
via allAfrica.com: Zambia: Civil Society Groups Request Review of Human Rights.
Hans Thoolen on Human Rights Defenders and their awards 