Posts Tagged ‘freedom of association’
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.
Posted in FIDH, human rights, Human Rights Defenders, Observatory for the Protection of Human Rights Defenders, OMCT | 1 Comment »
Tags: anti-terrorist laws, civic organisations, controversial restrictions, criminalization, FIDH, Foreign agent, foreign agent law, foreign agents, foreign funding, freedom of assembly, freedom of association, freedom of expression, funding, Gerald Staberock, Human Rights Defenders, Karim Lahidji, legal restrictions, Observatory for the Protection of HRDs, OMCT, open letter, Russia, Ukraine
January 19, 2014
The most recent report by the UN Rapporteur on Human Rights Defenders, Margaret Sekaggya, has been made public and will be officially presented to the Human Rights Council in March 2014. It is the last report by this Rapporteur whose mandate will terminate. The report finds that human rights defenders – especially journalists, lawyers, trade unionists and those who work to promote women’s rights and the rights of gay, lesbian, bisexual and transgender persons – face ‘extraordinary risks’. It highlights cases of defamation, attacks, detention, torture and even killings. The report also documents an increased incidence of violations against people and communities opposed to mining, construction and development projects, with protesters attacked both by State and private security forces. ‘Human rights defenders play a crucial role in exposing and seeking accountability for violations by both governments and corporations. Their work is crucial to transparency, good governance and justice for victims,’ commented Phil Lynch of the International Service for Human Rights in Geneva.
The report also documents the worsening ‘use of legislation in a number of countries to refrain the activities of human rights defenders and to criminalise them’, with cited examples including laws to ‘curb the promotion of homosexuality’ and to restrict NGO access to foreign funds. ‘In the last four weeks alone, Nigeria, Russia, Uganda, Malaysia and the Ukraine have enacted or applied laws to criminalise human rights defenders and to silence their critical voice,’ Mr Lynch added.
In addition to documenting violations, the report makes a wide range of recommendations to ensure that human rights defenders are protected and can operate in a ‘safe and enabling environment’.
For those too busy to read the whole new UN report [PDF] here are the
V. Conclusions and recommendations: Read the rest of this entry »
Posted in books, human rights, Human Rights Defenders, ISHR, UN | Leave a Comment »
Tags: Civil society, corporate accountability, criminalization, development projects, enabling environment, environmental issues, foreign funding, freedom of association, freedom of expression, funding restrictions, Human Rights Council, Human Rights Defenders, International Service for Human Rights, ISHR, journalists, land rights, lawyers, LGBTI, local communities, Malaysia, Margaret Sekaggya, Nigeria, Phil Lynch, Russia, Special Rapporteur on the situation of human rights defenders, trade unionists, Uganda, Ukraine, UN Special Rapporteur, women human rights defenders
January 13, 2014
Several NGOs, including the International Service for Human Rights from which I the took the statement of 12 January, 2014, have asked the Malaysian authorities to immediately reverse a ban issued against a leading coalition of human rights organisations. On 8 January 2014 the Malaysian Home Ministry issued a statement that it had declared the Coalition of Malaysian NGOs [COMANGO] to be illegal on the basis that it deviates from the Islamic faith through its support for lesbian, gay, bisexual and transgender rights. The Ministry further justified the ban on the basis that members of the coalition are not registered under he Malaysian Societies Act 1966.The move to ban COMANGO is a clear violation of the rights to freedom of association and assembly, said ISHR Director Phil Lynch, adding the suspicious circumstance that the ban was issued in response to COMANGO submitting a report to the UN Human Rights Council on Malaysia’s human rights record in March 2013, which makes it look like a case of reprisals against human rights defenders. For more info contact: Phil Lynch, Director, on p.lynch[at]ishr.ch.
via Malaysia must reverse ban against leading human rights coalition | ISHR.
Posted in human rights, Human Rights Defenders, ISHR, UN | Leave a Comment »
Tags: administrative rules, Civil society, Comango, freedom of association, gay rights, International Service for Human Rights, ISHR, islamic law, LGBT rights, LGBTI, Malaysia, NGOs, Phil Lynch, registration, reprisals, retaliation, UPR
November 26, 2013
(ZimRights chairperson Everson Ndlovu announcing the awards)
Human rights awards are growing more and more popular both at international and national level. For that reason my post number 1000 (this is number 999!!) tomorrow will be fully devoted to international human rights awards. The national human rights awards created by Zimbabwe Human Rights Association (ZIMRIGHTS) in 2012 are to be extended this year, increasing categories from an already very high number of 14 to 20. Read the rest of this entry »
Posted in human rights, Human Rights Defenders | Leave a Comment »
Tags: Abel Chikomo, Africa, Amnesty International, awards, Everson Ndlovu, freedom of association, Harare, Human right, human rights awards, Human rights defender, national award, Zimbabwe, ZimRights
November 22, 2013
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.
Posted in Front Line, Human Rights Defenders | 1 Comment »
Tags: ADC Memorial, AI Norway, Constitution of Russia, European Convention on Human Rights, European Court of Human Rights, Foreign agent, foreign agent law, foreign funding, freedom of association, Front Line (NGO), GOLOS, human rights, Human Rights Defenders, judicial harassment, LLH, media framing, Memorial, Moscow, Non-governmental organization, Norwegian Helsinki Committee, public perception, public relations campaign, Public Verdict Foundation, restrictive laws, Russia, solidarity action, stigma, Vladimir Lukin
November 19, 2013
The Information and Communications Amendment Bill of 2013 was passed in Kenya by parliament on October 31, 2013, but has not yet been signed by the president. Another problematic draft law, the Media Council Bill, is due to
be debated in parliament in the coming weeks. Moreover, on October 30 the attorney general also proposed controversial new provisions regulating the work of nongovernmental organizations (NGOs), including a proposed cap at 15 percent of foreign funding. “These new laws are an attempt to undermine freedoms of expression and association in Kenya,” said Daniel Bekele, Africa director of Human Rights Watch on 12 November. “Kenya’s leaders should act swiftly to prevent these bills from becoming law and focus on the country’s real challenges, like police reform and accountability.”
The new idea of restricting (foreign) funding follows similar efforts by an increasing number of other countries, signaling a dangerous trend:
On October 30, the office of the attorney published in the official gazette – the mandatory first step before a bill is introduced to parliament – the Miscellaneous Amendment Bill of 2013. This bill includes provisions that would grant broad discretionary powers to a new government body to regulate nonprofit organizations and would limit access to foreign funding for these groups. The amendment would empower a new government body, the Public Benefits Organizations Authority, to “impose terms and conditions for the grant of certificates of registration, permits of operation, and public benefit organization status.” The chairperson would be appointed by the president, increasing executive powers over nongovernmental groups. Critics of the law fear that the wide powers vested in the executive branch could be used to restrict nongovernmental organizations or even penalize organizations that fall out of favor with the Kenyan authorities.
The amendment would also introduce new limits on funding for nongovernmental organizations. It states that “a public benefit organization shall not receive more than 15 percent of its total funding from external donors,” unless otherwise approved by the minister for finance. Funding to nonprofits would be channeled through a new Public Benefits Organizations Federation rather than directly from donors – which could create new operational difficulties for nongovernmental organizations and delays in their projects.
“This new law requiring nongovernmental organizations to raise 85 percent of their funding locally may well have the effect of weakening independent voices,” Bekele said. “As we have seen elsewhere in the region, including in Ethiopia, these laws are an assault on basic freedoms and Kenya’s citizens and leadership should soundly reject them.”
Kenya: New Laws Would Undermine Basic Rights | Human Rights Watch.
Posted in HRW, human rights, Human Rights Defenders | 1 Comment »
Tags: Africa, Daniel Bekele, Ethiopia, foreign funding, freedom of association, freedom of expression, funding restrictions, HRW, Human right, Human Rights Defenders, Human Rights Watch, Kenya, media, Non-governmental organization, nongovernmental organizations
November 6, 2013
The OMCT and the FIDH, in the framework of the Observatory for the Protection of Human Rights Defenders, made an intervention under agenda item 9: “Situation of human rights defenders” at the at the 54th session of African Commission on Human and Peoples Rights [ACHPR] on 5 November.
Human rights defenders were attacked, received threats or were slandered in the DRC, Senegal and Tunisia. In some cases they were even killed, as in the DRC and in Cameroon, in a climate of impunity. Defenders, and in particular defenders of economic, social and cultural rights, also continued to be subjected to arbitrary arrests and judicial harassment in Angola, Cameroon, the DRC, Egypt, Mauritania and Tunisia. Obstacles to freedom of association were also recorded, as for instance in Angola, Egypt and Rwanda. A summary is as follows: Read the rest of this entry »
Posted in FIDH, human rights, Human Rights Defenders, OMCT | 1 Comment »
Tags: African Commission on Human and Peoples' Rights, Angola, Cameroon, Death threat, DRC, Egypt, environmental issues, FIDH, foreign funding, freedom of assembly, freedom of association, freedom of expression, human rights, Human Rights Defenders, judicial harassment, killing, land disputes, LGBT rights, Mauritania, murder, Non-governmental organization, Observatory for the Protection of HRDs, OMCT, Rwanda, Senegal, Tunisia
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/23774. 
Posted in Front Line, HRW, human rights, Human Rights Defenders | 1 Comment »
Tags: Almazbek Atambayev, Azimjan Askarov, Brussels, draft bill, European Union, Foreign agent, foreign funding, freedom of association, Front Line Defenders, funding restrictions, HRW, human rights, human rights abuses, Human rights defender, Human Rights Defenders, illegal detention, Kyrgyzstan, President of Kyrgyzstan, Russia
September 4, 2013
The Business Standard reports on 4 September that Human Rights Watch urged the Fiji government to amend articles that undermine human rights in a draft constitution scheduled to be promulgated Friday. Under the current draft, significant restrictions in articles 17, 18 and 19 would allow the government to interfere with key rights of freedom of expression, assembly and association. The draft constitution sets out broad limitations to these rights “in the interests of national security, public safety, public order, public morality, public health, or the orderly conduct of elections”. In January, the government scrapped a draft of the constitution developed by a committee headed by a noted constitutional and human rights lawyer, Yash Ghai, and handed duties to draw up the constitution to government legal officers in the attorney generals chambers.”This draft constitution represents a major step backwards for human rights from the constitution thrown out by Fiji’s military in April 2009,” said Phil Robertson of Human Rights Watch.”Unless the government revises this draft constitution to guarantee freedom of association, assembly and expression, its hard to see how Fiji could become a rights-respecting democracy.” Since Commodore Frank Bainimarama took power in a military coup 5 December 2006, his government has consistently attacked critics, including arbitrarily detaining them, and instituted heavy censorship. The military and police have indiscriminately arrested and detained human rights defenders, journalists and labour leaders.
via Fiji urged to revise draft constitution | Business Standard.
Posted in HRW, human rights, Human Rights Defenders | Leave a Comment »
Tags: Constitution, controversial restrictions, Fiji, Frank Bainimarama, freedom of association, freedom of expression, human rights, Human rights defender, Human Rights Watch, National security, Politics of Fiji, Yash Ghai
September 3, 2013
(Special Rapporteur on the right to freedom of peacful assembly and of association Maina Kiai. UN Photo/Jean-Marc Ferré)
On 9 August 2013 three independent
United Nations Rapporteurs jointly called on the Government of
Uganda to repeal a new bill that places restrictions on the freedom of peaceful assembly and of association, and to prepare a new version that complies with the country’s international human rights obligations.
Read the rest of this entry »
Posted in human rights, Human Rights Defenders, UN | Leave a Comment »
Tags: Frank William La Rue, freedom of assembly, freedom of association, human rights, Human Rights Defenders, human rights obligations, kiai, legal restrictions, Maina Kiai, Margaret Sekaggya, peaceful assembly, police intimidation, Politics of Uganda, Special Rapporteur, Uganda, United Nations, United Nations Special Rapporteur
Hans Thoolen on Human Rights Defenders and their awards 