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 »
Posts Tagged ‘funding restrictions’
New laws are being introduced in Kenya to restrict Human Rights Defenders
November 19, 2013The 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.
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Civil proceedings against ‘Memorial’ under Russia’s Foreign Agents Law continue
November 17, 2013On 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 »
India should end funding restraints on Human Rights Defenders, Says HRW
November 5, 2013The Indian government should vigorously investigate allegations that officials are using the law on foreign contributions to repress groups critical of the government, Human Rights Watch said on 31 October 2013.
The government should amend the 2010 Foreign Contribution (Regulation) Act to protect the right to freedom of association and expression. Read the rest of this entry »
Kyrgyz President says no need for ‘foreign agent law’
September 19, 2013Further 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. 
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Hans Thoolen on Human Rights Defenders and their awards 