Posts Tagged ‘draft law’

Nigeria: NGOs try to prevent the adoption of NGO-unfriendly law

August 1, 2017

Speaker Dogara

In a blog post on Vanguard News it is explained that the appeal dated 28 July 2017 was sent to Ms Annalisa Ciampi, Special Rapporteur on the rights to freedom of peaceful assembly and of association; Mr Michel Forst, Special Rapporteur on the situation of human rights defenders; and Mr. David Kaye, Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression. The organization said, “.. If adopted, the bill which is copied from repressive countries like Somalia, Ethiopia and Uganda, would have a chilling effect not only on expressions of peaceful dissent by the citizens but also on the legitimate work of NGOs and individual human rights defenders and activists scrutinizing corruption in the National Assembly and exposing human rights violations by the government.”

The urgent appeal signed by SERAP executive director Adetokunbo Mumuni read in part: .”.. the bill is by far the most dangerous piece of legislation in the country in terms of its reach and devastating consequences not only for the work of civil society but also the effective enjoyment of constitutionally and internationally recognized human rights of the citizens. The bill will devastate the country’s civil society for generations to come and turn it into a government puppet.”……

SERAP is also concerned that the proposed bill is coming at a time the members of the Senate and House of Representatives are proposing amnesty and immunity for themselves against prosecution for corruption and other economic crimes; and the government is proposing a social media policy to restrict and undermine citizens’ access to the social media ahead of the general elections in 2019.”

……

The provisions of the bill are also not subject to any judicial oversight. SERAP believes that independent groups and activists should have space to carry out their human rights and anticorruption work without fear of reprisals, such as losing their registration or being sent prison.”

 

[The House of Representatives debated the bill known as ‘An Act to provide for the establishment of Regulatory Commission for the Supervision, Coordination and Monitoring of NGOs, CSOs and Communities Based Organizations in Nigeria’. The bill will establish a commission responsible only to the president and the senate. Under section 7, the commission will monitor and supervise these groups supposedly to “ensure that they accomplish their missions according to law” and under section 26, strictly “in line with the programmes of government.” Section 8 of the bill even goes further by empowering the commission to coordinate the work of all national and international NGOs in the country. All groups must register with the commission and submit their annual reports for discussion and governmental approval. The commission may take any punitive action against civil society and “do all such things incidental to its functions” under the Act. Section 10 establishes ‘a documentation center’ to which all civil society groups must submit the list of their activities and other information that may be required or prescribed. Section 11 then requires submission of all proposed activities by civil society for approval. Section 12 requires registration of all civil society organizations on the payment of unspecified fees and other fees as the commission may require or prescribe. But registration may be turned down, as stated under section 13. Registration is valid for only 24 months and renewable, subject to conditions as may be prescribed. Registration may also be denied if the activities of civil society groups are not in line with “national interest”. Operations of the groups will be terminated without any such registration. Under section 19, workers of the groups must apply for work permits. The groups can only appeal to “a minister” if they are dissatisfied with the application of any of the provisions of the Act, as provided for under section 19. The bill in section 24 criminalizes behaviour that is inherently legitimate by prescribing severe criminal penalties, including fines of N500,000 or 18 months imprisonment or both, for operating without registration under the bill. Under section 26, any such person will be banned for 10 years from doing any civil society work. The combined effect of sections 25 and 26 is that no civil society group will be able to carry out any activity without first seeking and obtaining a ministerial approval.]

Source: SERAP drags Dogara to UN over ‘repressive bill to regulate, crackdown on civil society’ – Gistmaster (It appeared first on Vanguard News)

https://guardian.ng/news/serap-drags-dogara-to-un-over-bill-to-crackdown-on-csos/

Amazing what can get you into trouble in Egypt..

May 25, 2015

Frontline NEWlogos-1 condensed version - croppedreports that on 21 May 2015, human rights defender Mr Negad El Borai was interrogated by an investigative judge in North Giza Court, Egypt, in relation to the drafting of a new anti-torture law! On 11 March 2015  United Group convened a meeting to discuss its draft law for the prevention of torture with other experts. The preparatory committee included judges Hisham Raouf, president of the Cairo Court of Appeal, and Assem Abdel-Gabbar, vice president of the Court of Cassation! A complaint was reportedly filed by the Supreme Judicial Council against the two judges prior to Negad El Borai’s interrogation. The draft law aims to bring Egypt’s domestic law in line with the United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. The investigative judge summoned Negad El Borai for another interrogation session on 26 May, i.e. tomorrow.  This probably gives the investigative judge time to think of something to charge him with! Read the rest of this entry »

Draft laws on civil society restrictions also pending in Kyrgyzstan and Cambodia

May 21, 2015

Human rights defenders find it difficult to function with a fair and functioning legal regime for the creation and administration of associations (NGOs). In my post of yesterday on Russia I drew attention to the draft law declaring some NGOs ‘undesirable”. Today Human Rights Watch (HRW) called on Kyrgyz lawmakers in the coming days not to follow Russia’s bad example of passing a Foreign Agents law [see also my earlier: https://thoolen.wordpress.com/2013/09/13/kyrgyzstan-follows-bad-example-set-by-russia-foreign-agents/].

And also today Front Line and the Observatory for the Protection of Human Rights Defenders (a joint OMCT-FIDH programme) ask the Cambodian Government to withdraw its draft law on civil society which would create many uncertainties and restrictions. The NGOs trace the lack of consultation in the process of law- making (since 2010) and conclude that the draft law as it stands will be used arbitrarily to restrict the legitimate work of human rights organisations.

The text of the Open Letter by the Observatory can be viewed at:  Open Letter – Cambodia : Draft law on civil society.

https://thoolen.wordpress.com/2015/05/21/russia-human-rights-ngos-likely-to-become-officially-undesirable/

Kyrgyzstan follows bad example set by Russia: foreign agents

September 13, 2013

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 »

Egypt and its laws on NGOs: concrete example of abuse

June 6, 2013

In a recent post I discussed problems surrounding the new law on NGOs in Egypt. In case there was any doubt on the need for a new and IMPROVED legal regime, see here what Front Line Defenders reported yesterday, 5 June:

43 NGO staff members were condemned to prison termsFrontline NEWlogos-1 condensed version - cropped Read the rest of this entry »

Russian “homosexual propaganda” law risks to target human rights defenders

February 7, 2013

A draft law to criminalise “homosexual propaganda”, currently being considered by the Russian parliament, flagrantly violates international human rights laws and standards, says the International Service for Human Rights (ISHR). The ISHR is particularly concerned that the law will be used to target, intimidate or harass human rights defenders and those who speak out on the rights of lesbian, gay, bisexual, transgender and intersex people. “States have an obligation not only to respect and protect human rights, but also to respect and protect those who stand up and speak out for human rights. Russia’s draft law is manifestly incompatible with this obligation,” said Ms Collister of the ISHR.ISHR-logo-colour-high

ISHR’s statement comes as three United Nations Independent human rights experts have also called on Russian parliament to scrap the draft Bill. In a joint statement issued by the Special Rapporteur on freedom of opinion and expression, the Special Rapporteur on human rights defenders and the Special Rapporteur on the right to health, the experts state, “The draft legislation could further contribute to the already difficult environment in which these defenders operate, stigmatizing their work and making them the target of acts of intimidation and violence, as has recently happened in Moscow.”

For further comment, contact Heather Collister, International Service for Human Rights, on + 41 79 920 3805 or h.collister@ishr.ch.