Posts Tagged ‘Foreign agent’

Ukraine follows Russia’s example again: human rights defenders labeled as “foreign agents”

January 21, 2014

The ‘eastern’ pull of Ukraine is now also reflected in its repressive legislation on human rights defenders. On January 16, 2014, Ukrainian Parliament unexpectedly and hurriedly adopted a comprehensive restrictive bill, which punishes protests, criminalises libel, restricts civic organisations receiving foreign funding and labels them as “foreign agents”. The bill, entitled “On Amendments to the Law on Judicial System and Status of Judges and Procedural Laws on Additional Measures for Protecting Citizens’ safety”, was introduced on January 14, 2014 and voted only two days after, with no legal assessment, no parliamentary hearings, and no consultation. The text was swiftly adopted by show of hands, backed by 235 out of 450 parliamentarians, before it was immediately signed it into law by the President. According to the bill, all civic organisations receiving funds from foreign sources must include in their title the term “foreign agents”, register as such, submit monthly reports regarding the organisations, publish quarterly reports on their activities in the official media and may not benefit from a tax-exempt status. The bill specifies that all organisations taking part in political actions, defined as actions aimed at influencing decision-making by state bodies, a change in the state policy which those bodies have defined as well as forming public opinion for those purposes, are deemed civic organisations. Organisations failing to register may be closed by court decision.

There were quite a few other restrictions passed in the same bill as can be seen from the Open Letter of 20 January 2014 sent to Ukrainian President Viktor Yanukovich and Parliamentary Speaker Volodym, signed by Karim Lahidji, FIDH President, and Gerald Staberock, OMCT Secretary General:

Ukraine: Call to repeal highly restrictive law on so-called “foreign agents”, libel and extremism, which blatantly violates Ukraines international obligations / January 20, 2014 / Urgent Interventions / Human rights defenders / OMCT.

Russia publishes report on human rights in the EU

January 17, 2014
On 14 January 2014 the Russian Ministry of Foreign Affairs published its report “On the situation with human rights in the European Union” (posted on the ministry’s website ) in which it claimed that the EU was struck by “serious human rights illnesses.” A large part of he report relies on information from international human rights organizations, such as AI. In the document the Russian Foreign Ministry Read the rest of this entry »

Russian court declares ADC Memorial formally as “foreign agent” – others to follow

December 16, 2013

 

On December 12, 2013, the Anti-Discrimination Centre (ADC) “Memorial was officially declared a “foreign agent” by the Leninsky District Court of St Petersburg, and was ordered to register as such with the Ministry of Justice, according to  information received by the Observatory for the Protection of Human Rights Defenders. Today, the court unexpectedly established that all the activities of ADC “Memorial” fall under the definition of “performing the functions of a foreign agent”. Accordingly, for the first time, a court has directly labelled a human rights NGO a “foreign agent”, and did not just order it to register as such. This decision could pave the way to increased harassment of all human rights organisations in the Russian Federation. Read the rest of this entry »

Human rights defenders in Russia should be proud to be ‘Foreign Agents’

November 22, 2013

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This blog has on several occasions made mention of the dangerous developments in Russia where the ‘foreign agents’ law is being used to delegitimize human rights defenders. Front Line just came with an update showing that the legal aspect of this issue (is the law legally permissible under the Russian Constitution or the European Convention Human Rights?) is coming under scrutiny. On 18 November 2013, the Zamoskvoretsky District Court in Moscow heard the cases of 3 NGOs – Human Rights Centre ‘Memorial’, GOLOS, and the Public Verdict Foundation – which challenge the ‘Foreign Agents’ law. Following the presentation of their arguments, the court accepted their request to postpone the hearings until 4 February 2014. Significant, as it was taken in order to await for the rulings of the European Court on Human Rights (ECtHR) or the Russian Constitutional Court, whichever comes first:

  • On 6 February 2013, eleven Russian NGOs lodged a complaint with the ECtHR alleging that the ‘Foreign Agents’ law violates four articles of the European Convention on Human Rights, namely Article 10 (Freedom of Expression), Article 11 (Freedom of Association and Assembly), Article 14 (Prohibition of Discrimination), and Article 18 (Limitations on Rights).
  •  On 13 August 2013, Kostroma Centre for Civic Initiatives Support lodged a complaint with the Russian Constitutional Court arguing that the ‘Foreign Agent’ law violates five articles of the Russian Constitution, namely Article 19 (Equality before the law), Article 29 (Freedom of ideas and speech), Article 30 (Right of Association), Article 32 (Right to participate in managing state affairs), and Article 51 (right not to give incriminating evidence against oneself).
  •  On 30 August 2013, the Russian Human Rights Ombudsman, Vladimir Lukin, also lodged a complaint with the Constitutional Court against certain provisions of the ‘Foreign Agents’ law. In particular, the Ombudsman argued that the definition of terms ‘foreign agent’ and ‘political activities’, as provided by the law, are politically and legally incorrect.

Still, one wonders whether the battle should not be fought also in the public domain as the ‘foreign agent campaign’ by the authorities is clearly not about financial control (there is enough of that already to satisfy any suspicious prosecutor) or political control (in which case registration as simple lobbyist would suffice) but about  ‘framing’ the human rights defenders as traitors, unpatriotic people. The requirement to identify oneself as foreign agent on every paper or poster is a clear indication of what the Government wants to achieve. This kind of action by governments (not just Russia) is a deliberate (mis)information effort that should be fought in the same arena of public perception. Admittedly far from easy and costly but there are things that COULD be done, I think:

  • bumper stickers and T-shirts with “I am a foreign agent” (in Russian of course, but supporters abroad could have it in English)
  • well-known Russian celebrities could make statements such as:  “IF …is a foreign agent ,in that case I am also one!”
  • production of video clips that poke fun at the idea, etc

As a concrete example: on 21 November 2013, a year after the law came into effect, Amnesty International Norway, LLH (the Norwegian LGBT Organisation) and the Norwegian Helsinki Committee called themselves for one day foreign agents in solidarity with Russian organisations who struggle to keep their work going (see also in Norwegian: http://www.amnesty.no/agent). Of course, people on the ground know best what will work, but I think some form of ‘counter-defamation’ should be tried. It would benefit Russia and could de-motivate the authorities in other countries watching what happens in Russia.

 

Civil proceedings against ‘Memorial’ under Russia’s Foreign Agents Law continue

November 17, 2013

On 11 November the Prosecutor’s Office brought a civil lawsuit against Memorial before the Leninsky District Court of St Petersburg after administrative charges against the same organisation ‘ for failing to register as a ‘foreign agent were dismissed by the same court. The Prosecutor’s Office initiated the civil suit on the basis that its failure to register as a ‘foreign agent’ would violate the interests ‘of an undefined group of persons’. Frontline Defenders follows this and other cases in which the ‘foreign agent’ harassment of NGOs in Russia continues. The details of the case are illuminating, including the involvement of a preposterous ‘expert“: Read the rest of this entry »

Russia: Unprecedented level of harassment against Memorial as “foreign agent”

October 3, 2013

The Observatory for the Protection of Human Rights Defenders, a joint programme of the International Federation for Human Rights (FIDH) and the World Organisation Against Torture (OMCT), reports on 2 October 2013 on the ongoing judicial proceedings against the Anti-Discrimination Centre “Memorial” (ADC Memorial), which has now become the first NGO in Russia facing both administrative and civil proceedings for the same “offence” on the basis of the law on so-called “foreign agents”.  Read the rest of this entry »

Kyrgyz President says no need for ‘foreign agent law’

September 19, 2013

Further to my earlier blog post about Kyrgyzstan following the bad example of Russia in trying to create a ‘foreign agents’ obstacle for human rights defenders, I am happy to refer to Front Line latest update of 19 September 2013 which says that during a press interview on the outcomes of his working visit to Brussels on 17 September 2013, Kyrgyz President Almazbek Atambaev stated to journalists that Kyrgyzstan does not need a “foreign agent” law, a draft bill of which was opened for public discussion on 6 September 2013.

On 16 September 2013, ahead of President Atambaev’s visit to Brussels, Front Line Defenders and Human Rights Watch published a joint letter to the European Union urging EU leaders to raise concerns about human rights abuses in Kyrgyzstan and getting specific commitments from President Atambaev to address them. The letter also contained an appeal to the EU to press the Kyrgyz President for the immediate release of the wrongfully imprisoned human rights defender Azimjan Askarov http://www.hrw.org/news/2010/09/15/kyrgyzstan-free-human-rights-defender-ensure-fair-retrial as well as on the draft bill http://www.frontlinedefenders.org/node/23774Frontline NEWlogos-1 condensed version - cropped

 

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 »

Russian Rights Defender Gannushkina Fined For Refusing Documents

June 26, 2013
Svetlana Gannushkina(Svetlana Gannushkina)
Prominent Russian human rights activist Svetlana Gannushkina has been fined for refusing to provide documents demanded by prosecutors. A court in Moscow ruled late on June 18 that the chairwoman of Moscow-based Civic Collaboration Committee must pay 2,000 rubles (50 Euro) for failing to turn over papers related to the financial activities of her organization. Gannushkina, a Soviet-era veteran rights defender, has been refusing to provide the documents to investigators since April. Prosecutors made the request under the new law requiring all nongovernmental organizations that receive foreign funding and engage in political activity to register as ‘foreign agents’. [Last week, a Moscow court rejected an appeal by Russia’s independent election monitor, Golos, against the 300,000 ruble $9,500 fine imposed on the group under the legislation.] Based on reporting by Interfax and ITAR-TASS

via Russian Rights Defender Fined For Refusing Demand For Documents.

 

Russian NGO “For Human Rights” forcibly evicted from offices

June 25, 2013

Stockholm-based Civil Rights Defenders condemns the brutal use of force against the Russian NGO ‘’For Human Rights’’ and its chairman Lev Ponomaryov, during the organisation’s forcible eviction Saturday night, 22 June 2013. Read the rest of this entry »