Posts Tagged ‘law reform’

Emirates’ claim to improve its legal system are nonsense

June 7, 2022

Human Rights Watch on 5 June 2022 published a detailed piece showing that wide-ranging legal changes introduced by the United Arab Emirates (UAE) in late 2021 fail to address the long-standing and systematic restrictions on citizens’ and residents’ civil and political rights. The new laws maintain previous provisions and include new ones that pose grave threats to fundamental human rights.

As reported by the state news agency WAM in November, the legal changes include amendments to over 40 laws including on crime and punishment, cybercrimes, and drugs, aiming “to strengthen economic, investment and commercial opportunities, in addition to maximizing social stability, security and ensuring the rights of both individuals and institutions.” While the changes allow for a moderate broadening of personal freedoms, the new legal framework retains severe restrictions on the rights to free expression, association, and assembly.

While the UAE government and its state-controlled media outlets trumpeted these new legislative changes as a massive step forward for economic and social freedoms, they will further entrench government-imposed repression,” said Michael Page, deputy Middle East director at Human Rights Watch. “The UAE government has chosen to squander an opportunity to improve freedoms across the board and instead has doubled down on repression.”

Human Rights Watch conducted a comprehensive legal analysis of two of the new laws, the crime and punishment law and the cybercrimes law, to identify any changes related to the rights to free expression and free assembly. Both laws went into effect in January 2022.

The laws continue to prohibit criticism of rulers and speech that is deemed to create or encourage social unrest, imposing severe penalties for vaguely defined charges. They maintain provisions that criminalize defamation and both verbal and written insults, whether published or made in private, as prosecutable offences. New provisions criminalize “false” and “misleading” information, sharing information with foreign groups or countries, and “offending foreign states.” Protests and demonstrations would still be prohibited.

UAE authorities have also spied on international journalists, activists, and even world leaders using sophisticated Israeli and EU-produced spyware, or with the help of former US intelligence officials. Some of those whose communications and devices were targeted by the government surveillance and who are residents of the UAE, were subsequently arrested and abused in detention. Among them is the prominent Emirati human rights activist Ahmed Mansoor [see: https://humanrightsdefenders.blog/2016/08/29/apple-tackles-iphone-one-tap-spyware-flaws-after-mea-laureate-discovers-hacking-attempt/]. A UAE court sentenced Mansoor to 10 years in prison in May 2018 following a grossly unfair trial, partly based on private email exchanges and WhatsApp conversations. See also: https://humanrightsdefenders.blog/2019/11/05/massive-call-in-support-of-ahmed-mansoor-at-his-50th-birthday-how-can-emirates-remain-deaf/ and https://www.trueheroesfilms.org/thedigest/laureates/074ACCD4-A327-4A21-B056-440C4C378A1A

The UAE authorities should take immediate steps to bring the penal code and cybercrime law into line with international and regional standards on free speech and individual freedoms, Human Rights Watch said. The UAE has not ratified the ICCPR, article 19 of which outlines the right to freedom of opinion and expression. But it is a state party to the Arab Charter on Human Rights. Article 32 of the Arab Charter ensures the right to information, freedom of opinion and freedom of expression, and article 24 guarantees the right to freedom of political activity, the right to form and join associations, and the right to freedom of assembly and association.

The UAE cannot market itself as a reformist and tolerant state while introducing new laws that increase its already alarming levels of repression and censorship,” Page said….

The piece further provides a detailed analysis of penal and Cybercrimes Law.

https://www.hrw.org/news/2022/06/05/uae-sweeping-legal-reforms-deepen-repression

Legal fund in Malaysia to protect freedom of expression of human rights defenders

December 10, 2020
Centre for Independent Journalism executive director Wathshlah Naidu said the fund will be financed by a number of international groups. (Facebook pic)

Imran Ariff – on 9 December 2020 reports that a coalition of NGOs has joined forces to launch a legal defence fund to protect individuals who speak out on issues of human rights. This is to ensure their freedom of expression is not suppressed. Organised by the CSO cluster on Freedom of Expression (FOE), the fund is the first of its kind in Malaysia. It is currently being financed by a number of international groups which have funded similar overseas initiatives, including hosting crowdfunding efforts

At a press conference to announce the launch, Centre for Independent Journalism executive director Wathshlah Naidu said the fund comes at an important time as she believes the government has allowed the reform agenda to “take a backseat” to prioritise its own “political survival at all costs”.

She added that “what we have seen for the last eight to nine months is a government that is focused primarily on initiating all efforts to silence dissent or those who are critical and completely shutdown alternate discourses or narratives that challenge or question their positions and policies.”

The fund will cover legal fees and other expenses incurred by human rights defenders and members of the public facing investigation or prosecution due to them exercising their right to free speech.

Applications will go to a committee which will rule on the eligibility of the individuals and decide on the amount of assistance that needed to be meted out..

In addition to the fund, the CSO cluster called for the Sedition Act 1948, the Official Secrets Act 1972 and the Printing Presses and Publications Act to be repealed and for the Finas Act 1981, Film Censorship Act 2002 and Section 233 of the Communications and Multimedia Act 1998 to be reviewed.

They said these legal reforms will allow for greater freedom of expression across various mediums. These will allow the public to better hold the government accountable for their actions and policies.

See also: https://humanrightsdefenders.blog/2020/06/23/zambian-ngo-establishes-fund-to-assist-human-rights-defenders/

https://www.freemalaysiatoday.com/category/nation/2020/12/09/legal-fund-to-protect-freedom-of-expression-of-human-rights-defenders/

ECCHR launches new Institute for Legal Intervention

June 15, 2018

The European Centre for Constitutional and Human Rights, ECCHR, uses the emancipatory potential of law in order to unmask unjust power relations and enforce social justice. Its goal is to change or re-create legal norms in the spirit of global justice. As part of its 10-year anniversary it created a new ECCHR department: the Institute for Legal Intervention. The Institute will complement ECCHR’s litigation and will encompass the Education Program, professional exchanges in transnational networks, cooperation with universities and dialogue with artists as well as cultural and social movements. The aim of the Institute is to initiate important legal debates, to foster young human rights lawyers and to deepen collaboration between disciplines.
All this thanks to the generous support of the Bertha Foundation. The Video clip above gives the details.

see also my: https://humanrightsdefenders.blog/2017/03/31/universal-jurisdiction-gathers-momentum-says-group-of-ngos/

 

 

 

 

2016 RFK Human Rights Award went to two criminal reform advocates in the USA

December 14, 2016

 

A bit belatedly here is the ‘news’ that on 17 November 2016, Andrea James and Glenn E. Martin, leading human rights defenders working to reform the criminal justice system in the United States, received the 2016 Robert F. Kennedy Human Rights Award.  “Andrea and Glenn are precisely the moral leaders our country needs to solve one of our most pressing human rights problems here at home: a broken criminal justice system that unjustly targets communities of color and the poor,” said Kerry Kennedy, President of Robert F. Kennedy Human Rights. “This is the civil and human rights issue of our time. Robert F. Kennedy Human Rights is proud to recognize Andrea’s and Glenn’s remarkable achievements with this award, and to partner with them moving forward on this important work.

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