Posts Tagged ‘freedom of association’
June 19, 2015
The link between human rights defenders and the exploitation of natural resources was the focus of this year’s report (18 June 20150 by the United Nations Special Rapporteur on the rights to freedom of peaceful assembly and of association, Maina Kiai. He called for a new treaty binding businesses to respect fundamental human rights, and for States and corporations to fully engage with civil society organizations in the context of natural resource exploitation.
“Corporations play an outsized role in the decision-making processes about exploitation of natural resources. But they are not subject to legally binding human rights obligations,” Mr. Kiai told the UN Human Rights Council during the presentation of his latest report. “It is time to address this issue more robustly; corporations must not escape responsibility to safeguard human rights.”
“I am aware that some would rather strengthen compliance with the Guiding Principles than have a binding treaty. But this should not be an either/or matter: Both should be pursued to protect human rights.”
The Special Rapporteur also highlighted States’ responsibility to recognize civil society organizations, including affected communities, as key actors in the context of natural resource exploitation. “Authorities endeavour to silence individuals and associations that express opposition to natural resource exploitation processes,” the independent expert said.
In his report, the Special Rapporteur argues that States’ and corporations pervasive disregard of communities and associations’ input in the natural resources sector is counterproductive and divisive, and is likely contributing to an erosion of confidence in the world’s prevailing economic system.
“The rights to freedom of peaceful assembly and of association are instrumental in achieving sustainable and mutually beneficial exploitation of natural resources,” he said. “These rights help foster increased transparency and accountability in the exploitation of resources and inclusive engagement throughout the decision-making chain.”
During his presentation, Mr. Kiai also warned that authorities have increasingly sought to stifle expressions of criticism and opposition by cracking down, often with unnecessary force, on peaceful protests; arresting, harassing, prosecuting and imprisoning human rights defenders; enacting restrictive legislation on associations; and interfering with the operations of civil society organizations.
“Peaceful protests are banned from sites where natural resource exploitation takes place and the situation is not any better in relation to the right to freedom of association,” he noted. “Individuals and associations who express opposition to natural resource exploitation processes are vilified as ‘anti-development’, ‘unpatriotic’, and even as ‘enemies of the State’”.
“This intolerance is reflected in countries in the global North, and the global South,” the Special Rapporteur said. “Nevertheless, I remain optimistic because of the incredible courage and determination of activists and ordinary people who refuse to be cowed or defeated, even if it means paying with their lives.”
The Special Rapporteur’s full report (A/HRC/29/25/Add.3) is at: http://ap.ohchr.org/documents/dpage_e.aspx?m=189
For the UN Guiding Principles on Business and Human Rights: http://www.ohchr.org/EN/Issues/Business/Pages/Tools.aspx
Natural resources sector: UN expert calls for binding human rights treaty for corporations.
Posted in human rights, Human Rights Council, Human Rights Defenders, OHCHR, UN | Leave a Comment »
Tags: Business and human rights, freedom of assembly, freedom of association, Human Rights Defenders, Maina Kiai, natural resources, resource extraction, UN Guiding Principles on Business and Human Rights, UN Human Rights Council, UN Special Rapporteur
June 12, 2015
The UN Human Rights Council will hold its 29th regular session at the United Nations in Geneva from 15 June to 3 July. Courtesy of the International Service for Human Rights, here is my selection of what is directly relevant to Human Rights Defenders: 
– During the session, Norway, along with other States, will deliver a statement calling on all States to ensure that human rights defenders are able to carry out their vital work free from arbitrary detention and other restrictions. Read the rest of this entry »
Posted in Human Rights Council, Human Rights Defenders, ISHR, UN | Leave a Comment »
Tags: Belarus, Business and human rights, CIVICUS, freedom of association, Human Rights Defenders, Iraq, ISHR, Ivory Coast, LGBTI Human Rights Defenders, Norway, Resolution, side event, Spain, Syria, UN Human Rights Council, UPR, women human rights defenders
May 26, 2015
In a few recent posts I drew attention to the trend of shrinking space for NGOs in countries such as Russia, Kyrgyzstan and Cambodia [https://thoolen.wordpress.com/2015/05/21/draft-laws-on-civil-society-restrictions-also-pending-in-kyrgyzstan-and-cambodia/]. On 9 May 2015, The Economist’s column on Asia (Banyan) was devoted to the same issue, concluding that “Democratic Asian governments as well as authoritarian ones crack down on NGOs“. Under title “Who’s afraid of the activists?” it mentions China, Cambodia, India, Pakistan, Sri Lanka, Bangladesh, Kyrgyzstan and Tajikistan.
It lists the usual ‘complaints’ that both authoritarian and democratic leaders use against the activities of NGOs, which range from:
- threats to national sovereignty
- promotion of ‘Western’ values
- hidden agenda (such as conversion to Christianity)
- blocking development through environmental objections.
E.g. the Indian home ministry claims that 13 billion $ in foreign money has gone to local charities over the past decade and that 13 of the top 15 donors were Christian outfits. Interestingly, similar complaints come from the biggest Indian NGO, Rashtriya Swayamsevak Sangh (RSS), which itself has “strong foreign links, draws on an Indian diaspora in America and elsewhere for support, and dishes out help across borders, such as in Nepal following last month’s earthquake”.
Quite rightly the article concludes that in the long run, such limitations only rally political opponents, while (local) NGOs may face close scrutiny themselves one day (when the Government has changed hands): “Battering-rams, after all, have two ends.”
Who’s afraid of the activists? | The Economist.
Posted in human rights, Human Rights Defenders | Leave a Comment »
Tags: Asia, asian region, Cambodia, charities, Development Cooperation, foreign aid, freedom of association, funding restrictions, Human Rights Defenders, India, NGOs, Rashtriya Swayamsevak Sangh (RSS), religion, restrictive laws, The Economist, western values
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/
Posted in FIDH, Front Line, HRW, human rights, Human Rights Defenders, Observatory for the Protection of Human Rights Defenders, OMCT | 3 Comments »
Tags: Cambodia, Civil society, draft law, enabling environment, foreign agent law, freedom of association, Front Line (NGO), HRW, Human Rights Defenders, Kyrgyzstan, Observatory for the Protection of Human Rights Defenders, Protection of Human Rights Defenders, Russia
May 21, 2015
reports that on 20 May 2015, the Upper House of Russia’s Parliament has approved the draft Federal Law No. 662902-6, otherwise known as the draft law on “undesirable organisations”. The draft law was already approved by Russia’s State Duma (lower house) [see post: https://thoolen.wordpress.com/2015/01/19/russia-the-next-step-in-curtailing-human-rights-defenders/] and now awaits signature into law by the President. Read the rest of this entry »
Posted in Front Line, Human Rights Defenders, Observatory for the Protection of Human Rights Defenders | 2 Comments »
Tags: administrative rules, draft law on undesirable organisations, Federal Law No. 662902-6 (Russia), foreign agent law, freedom of association, Front Line (NGO), Human Rights Defenders, international human rights organizations, judicial harassment, NGOs, Observatory for the Protection of Human Rights Defenders, Russia
May 19, 2015
The High Commissioner for Human Rights is putting together a report of practical recommendations on how to create and maintain the space for civil society to work freely and independently. The freedom of expression, association, peaceful assembly etc are at the heart of civic activity and good laws and rules to guarantee public freedoms, as well as ways to monitor and protect them are of course a necessary condition. But also needed are:
- a political and public environment that values civil society’s contributions
- free flow of information
- long-term support and resources
- space for dialogue and collaboration
The OHCHR is interested to hear from you about your experience. Please share:
- your examples and illustrations of these and other ways to maintain space to work
- if there are limitations, how do you continue to carry out your activities
- useful links, tools, resources, guides (whatever the language)
And forward this Note to others who should know about it!!
Please send information before 30 June 2015 by email to: civilsociety@ohchr.org, with in the subject heading “Civil Society Space Report – Input”.
For the full text of the resolution of the UN Human Rights Council, see: http://ap.ohchr.org/documents/dpage_e.aspx?si=A/HRC/RES/27/31
Consultation – updated 21 April 2015.doc – Google Docs.
Posted in human rights, Human Rights Council, Human Rights Defenders, OHCHR, UN | Leave a Comment »
Tags: Civil society, consultation, enabling environment, freedom of association, freedom of expression, human rights, Human Rights Defenders, OHCHR, the Office of the UN High Commissioner for Human Rights, UN Human Rights Council
April 29, 2015
Brian Dooley, Director of the Human Rights Defenders Program at
Human Rights First, wrote a good peace in the Huffington Post about the
Emirates which he recently visited : “
Trouble in Paradise: How U.S. Ally UAE Crushes Dissent” (28 April 2015). Here some excerpts:
Backed by an impressively lavish lobbying and PR machine — more expensive than any other middle eastern country — the United Arab Emirates (UAE) is eager to show that it’s a safe and stable business environment, and a dependable U.S. military ally….Abu Dhabi Crown Prince Sheikh Mohammed Bin Zayed Al Nahyan met with President Obama, Vice President Joe Biden, and Defense Secretary Carter in Washington last Monday to discuss, according to him, “new steps to enhance the already deep security between the U.S. and the UAE.”
Sheikh Mohammed ..is also head of the feared state security system and in recent months, the attacks on dissidents have intensified. In November 2014 the UAE cabinet announced a list of 83 “terrorist organizations.” (these included two American NGOs: the Council on Islamic-American Relations and the Muslim American Society.}
Previously tolerated local civil society organizations have been disbanded, including the Association of Teachers and the Association of Jurists, whose former head, Dr. Mohammed al Roken, is now in prison after being convicted in a mass unfair trial in 2013. Only a tiny handful of dissidents are currently in the country and out of jail including Ahmed Mansoor, just announced as a Final Nominee for the Martin Ennals Human Rights Defender Award 2015. Nearly all peaceful dissent in the UAE is silenced, both on and offline. Abuse of migrant workers’ rights persists, and no labor union is allowed to exist to protect them.
Meeting me in secret this week in the UAE, human rights activists told me there is now a zero tolerance policy for peaceful criticism of the Emirati regime. “It’s got so much worse in the last few years,” said one. “Ten years ago arrests without warrants or disappearances happened but they were rare. Now they’re common.” Even relatives of political prisoners have been targeted in recent months, some hit with arbitrary travel bans that prevent them from leaving the country.
They blame Sheikh Mohammed’s state security for tampering with official government files holding their ID and other information. They said that dates of birth have been changed so that adults are officially registered as children, or other details modified, making it impossible for them to get drivers licenses and other essential documents. This administrative harassment has sent people into an endless bureaucratic loop, preventing them from getting or renewing passports, applying for school, opening bank accounts, and generally operating normal lives. The denial of a security clearance amounts to a denial of a job. Many activists are unable to support themselves financially, some are sleeping rough.
“It’s a soft repression but very effective,” one activist told me. “State security basically runs the country, no matter who the official government is. It’s unaccountable, omnipotent, and scares everyone.“
Three sisters who were summoned to a police station in Abu Dhabi in mid-February have not been heard from since. The three women are sisters of Issa Khalifa al-Suwaidi, a political prisoner who is serving 10 years in jail. …Crushing dissent in the UAE is typically done in the name of anti-terrorism.
When they meet next month, President Obama should look beyond UAE’s fancy PR campaign and ask Sheikh Mohammed why peaceful critics are in jail, why their lawyers are intimidated from representing them and their witnesses harassed, and why the UAE thinks the best way to fight terrorism is with repression.
Trouble in Paradise: How U.S. Ally UAE Crushes Dissent | Brian Dooley.
Posted in HRF, human rights, Human Rights Defenders | 2 Comments »
Tags: Ahmed Mansoor, anti-terrorist laws, Brian Dooley, disappearances, Emirates, Final Nominee MEA 2015, Foreign Policy of the USA, freedom of association, freedom of expression, Human Rights Defenders, Human Rights First, Issa Khalifa al-Suwaidi, Mohamed Al-Roken, repression, Sheikh Mohammed Bin Zayed Al Nahyan, UAE
April 22, 2015
published on 21 April “KUMULIKA – THE AFRICAN COMMISSION MONITOR” which describes the NGO Forum that was held from 17-19 April prior to the 56th ordinary session of the African Commission on Human and Peoples’ Rights (ACHPR). It involved close to 200 civil society participants from the continent. As usual. the NGO Forum followed the practice of holding a series of panel discussions combined with smaller special interest discussion groups, over the course of which recommendations and resolutions were developed to put to the Commission at the upcoming session. You can find more detail in that Newsletter but some key elements are:
Read the rest of this entry »
Posted in Human Rights Defenders, ISHR | 1 Comment »
Tags: African Commission on Human and Peoples' Rights, african region, anti-reprisals focal point, freedom of assembly, freedom of association, freedom of expression, Human Rights Defenders, International Service for Human Rights, ISHR, KUMULIKA, NGO Forum, reprisals, women human rights defenders
April 8, 2015
Maya 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“.
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.”
China’s new foreign NGO law will help silence critics.
Posted in HRW, human rights, Human Rights Defenders | Leave a Comment »
Tags: China, Civil society, dissidents, foreign funding, freedom of association, HRW, Human Rights Watch, Maya Wang, NGOs, restrictions, restrictive laws, Yuwen Li
February 26, 2015
HRD Alert – India (a Forum of Human Rights Defenders) and Front Line Defenders have called for the release of Mr Kalimuthu Kandhasamy who was arrested in the morning of 26 February 2015.
[Kalimuthu Kandhasamy is the District Organizer of Citizens for Human Rights Movement (CHRM), which provides legal counsel and assistance to victims of human rights violations in Tamil Nadu, including by providing assistance in complaints before courts, human rights institutions, law enforcement officials and other relevant bodies. The organisation was founded by People’s Watch, an NGO that monitors human rights violations and provides legal assistance to victims in Tamil Nadu. The human rights defender also works as an assistant to a lawyer providing legal representation in People’s Watch’s cases.]
The accusations against Kalimuthu Kandhasamy include, ‘impersonating a public servant’, cheating, and improper use of emblems. And here comes the almost funny part: the charges against Kalimuthu Kandhasamy are reportedly in relation to the fact that CHRM contains the words “human rights” in its title. It is claimed that this is in violation of the Tamil Nadu Societies Registration Act, which reportedly states that no non-governmental institution should have the terms “human rights” in its name (this amendment was made on the recommendation of the Tamil Nadu State Human Rights Commission [SIC] that no non-governmental institution should have the terms “human rights” in its name! Would seem a clear violation of the right to association). The accusations are being brought under sections 170 and 420 of the Indian Penal Code, and Section 5 of the Emblems and Names (Prevention of Improper Use) Act 1950.
The human rights defender denies that either he or CHRM have posed as a public authority.
Posted in Front Line, human rights, Human Rights Defenders | Leave a Comment »
Tags: arrest, Citizens for Human Rights Movement (CHRM), freedom of association, Front Line (NGO), HRD Alert - India, human rights violations, illegal detention, India, judicial harasment, Kalimuthu Kandhasamy, Tamil Nadu, Tamil Nadu State Human Rights Commission
Hans Thoolen on Human Rights Defenders and their awards 