Posts Tagged ‘NGOs’

Has the Human Rights Movement failed? A serious critique.

April 25, 2018
The last year or so there has been a lot soul-searching within the broader human rights movement, questioning its relevance or even survival at a time of resurgent ‘anti-human rights’ attitudes in the superpowers (regression in China, USA, and Russia, with the EU vacillating between careful diplomacy and trade interest). A number of smaller countries have also taken enthusiastically to human rights bashing (just to mention Turkey, Philippines, Hungary, Venezuela and Burundi). In all these cases the leadership seems to imply that human rights are niceties that no longer have the support of the majority of their population, which could well be true due to the extent that their control over the media and relentless whipping up of populist feelings make this self-fulling.This blog has tried to monitor – at least illustrate – this phenomenon on many occasions [too many to list]. Now comes along an interesting piece written by professor Samuel Moyn of Yale university under the provocative title “How the Human Rights Movement Failed” (published on 23 April 2018 in the New York Times). The piece is a must read (in full) and I give the text below in green. Even if I disagree with some important parts, it remains a coherent and thought-provoking article (once you get over feeling offended by the idea that you are a plutocrat).

The key notion is expressed in the following quotes:

“.those who care about human rights need to take seriously the forces that lead so many people to vote in majoritarian strongmen in the first place.”

and

The truth is that the growth of international human rights politics has accompanied the very economic phenomena that have led to the rise of radical populism and nationalism today. In short, human rights activism made itself at home in a plutocratic world.

Where I most disagree with the author is that there is lot more going on in the human rights movement than the defense of civil and political rights or playing along with elites. Either he does not know it or ignores it on purpose. The thousands of human rights defenders working in their own countries are fully aware of the realities on the ground and are often prioritizing social, economic, cultural and community rights [just a cursory sample of blog posts on environmental activists will show this: https://humanrightsdefenders.blog/tag/environmental-activists/]. International and regional NGOs mostly help and protect them! Also, the author seems to underestimate the potential attraction of the human rights cause in civil society (especially victims and young people), whose mobilization is still patchy. If the human rights movement can overcome its fragmentation and use media better this potential could turn tides. Say I!.

Here the piece in full/ judge for yourselves:

The human rights movement, like the world it monitors, is in crisis: After decades of gains, nearly every country seems to be backsliding. Viktor Orban in Hungary, Rodrigo Duterte in the Philippines and other populist leaders routinely express contempt for human rights and their defenders. But from the biggest watchdogs to monitors at the United Nations, the human rights movement, like the rest of the global elite, seems to be drawing the wrong lessons from its difficulties.

Advocates have doubled down on old strategies without reckoning that their attempts to name and shame can do more to stoke anger than to change behavior. Above all, they have ignored how the grievances of newly mobilized majorities have to be addressed if there is to be an opening for better treatment of vulnerable minorities.

“The central lesson of the past year is that despite considerable headwinds, a vigorous defense of human rights can succeed,” Kenneth Roth, the longtime head of Human Rights Watch, contended recently, adding that many still “can be convinced to reject the scapegoating of unpopular minorities and leaders’ efforts to undermine basic democratic checks and balances.” 

That seems unlikely. Of course, activism can awaken people to the problems with supporting abusive governments. But if lectures about moral obligations made an enormous difference, the world would already look much better. Instead, those who care about human rights need to take seriously the forces that lead so many people to vote in majoritarian strongmen in the first place.

The truth is that the growth of international human rights politics has accompanied the very economic phenomena that have led to the rise of radical populism and nationalism today. In short, human rights activism made itself at home in a plutocratic world.

It didn’t have to be this way. The Universal Declaration of Human Rights, which was promulgated in 1948 amid the consolidation of welfare states in Europe and North America and which formed the basis of the human rights agenda, was supposed to enshrine social protections. But in the 1970s, when activists in the United States and Western Europe began to take up the cause of “human rights” for the victims of brutal regimes, they forgot about that social citizenship. The signature group of that era, Amnesty International, focused narrowly on imprisonment and torture; similarly, Human Rights Watch rejected advocating economic and social rights.

This approach began to change after the Cold War, especially when it came to nongovernmental advocacy in post-colonial countries. But even then, human rights advocacy did not reassert the goal of economic fairness. Even as more activists have come to understand that political and civil freedom will struggle to survive in an unfair economic system, the focus has often been on subsistence.

In the 1990s, after the Cold War ended, both human rights and pro-market policies reached the apogee of their prestige. In Eastern Europe, human rights activists concentrated on ousting old elites and supporting basic liberal principles even as state assets were sold off to oligarchs and inequality exploded. In Latin America, the movement focused on putting former despots behind bars. But a neoliberal program that had arisen under the Chilean dictator Augusto Pinochet swept the continent along with democracy, while the human rights movement did not learn enough of a new interest in distributional fairness to keep inequality from spiking.

Now the world is reaping what the period of swelling inequality that began in the 1970s through the 1990s sowed.

There have been recent signs of reorientation. The Ford Foundation, which in the 1970s provided much of the funding that made global human rights activism possible, announced in 2015 that it would start focusing on economic fairness. George Soros, a generous funder of human rights causes, has recently observed that inequality matters, too.

Some have insisted that the movement can simply take on, without much alteration of its traditional idealism and tactics, the challenge of inequality that it ignored for so long. This is doubtful.

At the most, activists distance themselves from free-market fundamentalism only by making clear how much inequality undermines human rights themselves. Minimum entitlements, like decent housing and health care, require someone to pay. Without insisting on more than donations from the rich, the traditional companionship of human rights movements with neoliberal policies will give rise to the allegation that the two are in cahoots. No one wants the human rights movement to be remembered as a casualty of a justifiable revolt against the rich.

If the movement itself should not squander the chance to reconsider how it is going to survive, the same is even truer of its audience — policymakers, politicians and the rest of the elite. They must keep human rights in perspective: Human rights depend on majority support if they are to be taken seriously. A failure to back a broader politics of fairness is doubly risky. It leaves rights groups standing for principles they cannot see through. And it leaves majorities open to persuasion by troubling forces.

It has been tempting for four decades to believe that human rights are the primary bulwark against barbarism. But an even more ambitious agenda is to provide the necessary alternative to the rising evils of our time.

—–

Samuel Moyn is the author of “Not Enough: Human Rights in an Unequal World.

UN Human Rights Council should strengthen impact on the ground, say NGOs

April 24, 2018

Emirates: one year later human rights defender Ahmed Mansoor’s whereabouts remain unknown

March 21, 2018
 

The authorities in the United Arab Emirates (UAE) should reveal the whereabouts of prominent human rights defender and citizen-journalist Ahmed Mansoor and release him immediately and unconditionally, an impressive group of over twenty human rights organisations said on 20 March 2018.  This day marks one year since security forces arbitrarily arrested Mansoor, winner of the Martin Ennals Award for Human Rights Defenders in 2015, at his home in Ajman. The UAE authorities have continued to detain him in an unknown location, despite condemnation from UN human rights experts and independent human rights organisations.

The authorities have subjected Ahmed Mansoor to enforced disappearance since his wife last saw him in September 2017. They must reveal his whereabouts to his family and grant him regular access to them and to a lawyer of his choosing.  Following his arrest on 20 March 2017, the authorities announced that he is facing speech-related charges that include using social media websites to “publish false information that harms national unity.”  On 28 March 2017, a group of UN human rights experts called on the UAE government to release Mansoor immediately, describing his arrest as “a direct attack on the legitimate work of human rights defenders in the UAE.” They said that they feared his arrest “may constitute an act of reprisal for his engagement with UN human rights mechanisms, for the views he expressed on social media, including Twitter, as well as for being an active member of human rights organisations.”  Since his arrest, Mansoor has not been allowed to make telephone calls to his family and has been allowed only two short visits with his wife, on 3 April and 17 September 2017, both under strict supervision. He was brought from an unknown place of detention to the State Security Prosecutor’s office in Abu Dhabi for both visits. The authorities have refused to inform his family about his place of detention and have ignored their requests for further visits.

In February 2018, a group of international human rights organisations commissioned two lawyers from Ireland to travel to Abu Dhabi to seek access to Mansoor. The UAE authorities gave the lawyers conflicting information about Mansoor’s whereabouts. The Interior Ministry, the official body responsible for prisons and prisoners, denied any knowledge of his whereabouts and referred the lawyers to the police. The police also said they had no information about his whereabouts. The lawyers also visited Al-Wathba Prison in Abu Dhabi following statements made by the authorities after Mansoor’s arrest, which suggested that he was held being held there. However, the prison authorities told the lawyers there was nobody matching Mansoor’s description in the prison.  Instead of protecting Mansoor, the authorities have detained him for a year with hardly any access to his family and no access to a lawyer of his choosing. Their contempt for human rights defenders and brazen disregard for their obligations under international human rights law is truly shocking. [https://humanrightsdefenders.blog/2018/02/27/somewhere-in-a-prison-in-the-emirates-is-ahmed-mansoor-but-authorities-claim-not-to-know-where/]

Background to his case is documented in the joint statement and in my earlier posts: https://humanrightsdefenders.blog/tag/ahmed-mansoor/

Mansoor is a member of GCHR’s Advisory Board and a member of the advisory committee of Human Rights Watch’s Middle East and North Africa Division.

Signed:
Americans for Democracy and Human Rights in Bahrain
Amnesty International
Arabic Network for Human Rights Information (ANHRI)
ARTICLE 19
CIVICUS
Committee for the Respect of Freedoms and Human Rights in Tunisia
English PEN
Freedom Now, Morocco
Front Line Defenders
Gulf Centre for Human Rights (GCHR)
Human Rights First
Human Rights Watch
International Commission of Jurists (ICJ)
International Federation for Human Rights (FIDH), under the Observatory for the Protection of Human Rights Defenders
International Service for Human Rights (ISHR)
Maharat Foundation
Martin Ennals Foundation
Moroccan Association for Human Rights
PEN International
Reporters Without Borders
Scholars at Risk
Tunisian Association for Academic Freedoms
Tunis Center for Press Freedom
Tunisian Forum for Economic and Social Rights
Tunisian League for Human Rights (LTDH)
Tunisian Organisation against Torture
Vigilance for Democracy and the Civic State
World Organisation Against Torture (OMCT), under the Observatory for the Protection of Human Rights Defenders

http://www.martinennalsaward.org/ahmed-mansoors-remain-missing/

https://www.ifex.org/united_arab_emirates/2018/03/20/uae-ahmed-mansoor-1-year/

Follow the African Commission on Human Rights through Kumulika

March 13, 2018

Clément Voulé, ISHR’s African advocacy director and Adelaide Etong, ISHR’s Africa advocacy consultant

Clément Voulé and Adelaide Etong (pictured above) introduce the new format of the Kumulika publication. To allow for a better understanding and overview of the developments at the African Commission on Human and Peoples’ Rights (the African Commission) during an entire year, the publication will now be issued once a year.

Through this yearly publication, ISHR will take a new approach to providing analysis and up to date news on what is happening, the developments and the outcomes of the sessions and the NGO Forum.

Last year the African Commission celebrated its thirty years of existence. The last session of the year was an opportunity to think back and reflect on how its work grew over the years and the challenges it faced while implementing its mandate to promote and protect human rights in Africa. It also allowed the Commission to acknowledge the importance of the work done by civil society organisations in support to the implementation of its mandate. These past thirty years NGOs have provided invaluable information on country situations and advocated tirelessly for the establishment of several special procedures of the Commission.

See also: https://humanrightsdefenders.blog/2015/04/22/ngo-forum-preceding-the-april-session-of-african-commission-on-human-and-peoples-rights/

Click here for the 61st session’s summary 

Cartoonist Ramón Esono Ebalé freed in Equatorial Guinea

March 8, 2018
Good news is rare but deserves attention, especially when it seems to be the result of an international campaign: the global #FreeNseRamon coalition:
An Equatorial Guinean court on 7 March, 2018 released an artist imprisoned on dubious charges for nearly six months, 18 human rights groups including PEN America said today. The prosecution dropped all charges against Ramón Esono Ebalé, a cartoonist whose work is often critical of the government, after the police officer who had accused him of counterfeiting $1,800 of local currency admitted making the accusation based on orders from his superiors.  [Esono Ebalé, who lives outside of his native Equatorial Guinea, was arrested on 16 September, 2017, while visiting the country to request a new passport. Police interrogated him about drawings critical of the government, said two Spanish friends who were arrested and interrogated alongside him and were later released. But a news report broadcast on a government-owned television channel a few days after the arrest claimed that police had found 1 million Central African francs in the car Esono Ebalé was driving. On 7 December, he was formally accused of counterfeiting. The charge sheet alleged that a police officer, acting on a tip, had asked him to exchange large bills and received counterfeit notes in return.]“It is a huge relief that the prosecution dropped its charges against Ramon, but they should never have been pressed in the first place,” said Salil Tripathi, chair of PEN International’s Writers-in-Prison Committee. “We urge the authorities to guarantee his safe return to his family, allow him to continue creating his hard-hitting cartoons, and ensure that Equatorial Guinea respects the right to freedom of expression.”

Ramon’s release from prison is a testament of the power of collective work of hundreds of artists, concerned citizens, and NGOs,” said Tutu Alicante, director of EG Justice, which promotes human rights in Equatorial Guinea. “But we must not forget that dozens of government opponents who are not as fortunate fill Equatorial Guinea’s jails; thus, the fight against human rights violations and impunity must continue.”

(The human rights groups are Amnesty International, Arterial Network, Association of American Editorial Cartoonists, Asociación Profesional de Ilustradores de Madrid, Cartoonists Rights Network International, Cartooning for Peace, Committee to Protect Journalists, Caoilfhionn Gallagher QC, Jonathan Price and Paul Mason, Doughty Street Chambers, UK, EG Justice, FIDH, within the framework of the Observatory for the Protection of Human Rights Defenders, Freemuse, Human Rights Watch, Index on Censorship, PEN America, PEN International, Reporters without Borders, Swiss Foundation Cartooning for Peace, World Organisation Against Torture (OMCT), within the framework of the Observatory for the Protection of Human Rights Defenders.)

(see also: https://humanrightsdefenders.blog/tag/cartooning-for-peace-award/)

https://pen.org/press-release/equatorial-guinea-artist-freed-prison/

https://freedomnewspaper.com/2018/03/07/press-release-amnesty-international-equatorial-guinea-artist-freed-from-prison/

 

China and the UN Human Rights Council: really Win-Win?

March 7, 2018

The UN High Commissioner for Human Rights stated on Wednesday 7 March that China’s actions on human rights did not match its words and the level of respect for basic liberties remained low in the country. Zeid Ra’ad Al Hussein did so in his annual report on human rights in the world to the UN Human Rights Council, “President Xi Jinping has called for ‘people-centred development for win-win outcomes as part of a community of shared future for mankind’, a commendable ambition. Sadly, China’s global ambitions on are seemingly not mirrored by its record at home,” he said.

My office continues to receive urgent appeals regarding arbitrary detentions, enforced disappearances, ill-treatment and discrimination, emanating from defenders, lawyers, legislators, booksellers, and members of communities such as Tibetans and Uyghurs,” he added. Hussein said many of the cases involved people fighting against economic, social and cultural injustices such as corruption, illegal seizure of land and forced evictions or destruction of cultural sites.

Before the start of  the current session of the UN Human Rights Council twenty NGOs had called on all member states to hold China accountable at the UN Human Rights Council, appears from a piece by the ISHR on 26 February 2018

In a private letter sent to select UN Member States, the NGOs called for clear and concrete actions to denounce China’s current rollback in respect for human rights at the UN Human Rights Council.

The organisations highlight five cases of human rights defenders that would benefit from further pressure being brought to bear on the Chinese government. They include:

  • Liu Xia, a poet kept under house arrest after the death of her husband, Nobel laureate Liu Xiaobo, in July 2017
  • Wang Quanzhang, a rights lawyer held incommunicado since 9 July 2015
  • Gui Minhai, a Swedish citizen arbitrarily detained in China since he vanished from Thailand in October 2015
  • Tashi Wangchuk, a Tibetan cultural rights and education advocate who has been detained more than two years on charges of inciting separatism (a press release by a group of UN experts on 21 February)
  • Yu Wensheng, a prominent human rights lawyer disbarred, then arbitrarily detained, in January 2018.

The organisations urge the governments to:

….This year is particularly important, as human rights defenders inside and outside China prepare for the country’s next Universal Periodic Review, scheduled for November 2018. The letter to governments concludes: ‘For human rights defenders to have the courage to engage in this important process, with all the risks that it entails, it’s critical that they know that they are not alone’.

(Amnesty International, China Labour Bulletin, Christian Solidarity Worldwide, CIVICUS – World Alliance for Citizen Participation, Human Rights in China, Human Rights Watch, the International Campaign for Tibet, the International Commission of Jurists,  the International Federation of Human Rights Leagues, the International Service for Human Rights, Lawyers for Lawyers, Lawyers’ Rights Watch Canada, PEN America, Swedish PEN, the Tibet Advocacy Coalition (comprised of the International Tibet Network Secretariat, Students for a Free Tibet, Tibet Initiative Deutschland, Tibet Justice Center, and Tibetan Youth Association in Europe), and the World Uyghur Congress.)

https://www.hrw.org/news/2018/03/05/chinas-win-win-resolution-anything

http://www.business-standard.com/article/news-ians/china-shows-little-respect-for-human-rights-un-high-commissioner-118030701132_1.html

https://www.ishr.ch/news/china-ngos-call-states-hold-china-accountable-un-human-rights-council

Egypt ‘blessed’ with two side event at Human Rights Council in March 2018

March 6, 2018

On 13 February 2018 fourteen international and regional rights organizations stated that the Egyptian government has trampled over even the minimum requirements for free and fair presidential elections (planned 26-28 March). The government of President Abdel Fattah al-Sisi has relentlessly stifled basic freedoms and arrested potential candidates and rounded up their supporters. “Egypt’s allies should speak out publicly now to denounce these farcical elections, rather than continue with largely unquestioning support for a government presiding over the country’s worst human rights crisis in decades,” the groups said.

The authorities have successively eliminated key challengers who announced their intention to run for president….The current atmosphere of retaliation against dissenting voices and the increasing crackdown against human rights defenders and independent rights organizations have made effective monitoring of the elections extremely difficult for domestic and foreign organizations. Media reports have said that the number of organizations that were granted permission to monitor the elections was 44 percent fewer than in the last presidential election in 2014 and that the number of requests, in general, has gone down. Several opposition parties called for boycotting the elections. A day later al-Sisi threatened to use force, including the army, against those who undermine “Egypt’s stability and security.” On February 6, the Prosecutor-General’s Office ordered an investigation against 13 of the leading opposition figures who called for a boycott, accusing them of calling for “overthrowing the ruling regime.” Seven years after Egypt’s 2011 uprising, the government has made a mockery of the basic rights for which protesters fought,” the groups said. “Egypt’s government claims to be in a ‘democratic transition’ but move further away with every election.

So, the two side events that are coming up are extremely valuable as the national space for dissent is nihil:

  • The Situation of Human Rights and Upcoming Elections in Egypt: Facilitating Radicalisation is an event organised by the Cairo Institute for Human Rights Studies (CIHRS) and co-sponsored by ISHR, that will take place on 9 March at 13:30 to 15:00 in Room XXIII. The event will address the deterioration of the human rights situation in Egypt and the dangers of the international community’s failure to respond.
  • Human rights violations in Egypt and in the Gulf States is an event organised by FIDH, CIVICUS, the Gulf Center for Human Rights. It will take place on 15 March 2018 at 15:00 till 16:00 in Room XXIII. The event will focus on the interlinked plight of human rights defenders in Egypt and the Gulf States as both are facing ongoing targeting by their own governments as well as explore measures for coordination and advocacy at the international level.

In the same context there is the press release of Friday 2 February 2018 in which a number of organisations, under the umbrella Committee for Justice (CFJ), condemned Tuesday’s execution of Egyptian Tayseer Odeh Suleiman after he was convicted in Ismalia’s military court in what they said was a flawed trial inconsistent with international legal and human rights standards. Suleiman, 25, was hanged after the Supreme Military Court of Appeals rejected the defence put foward by his lawyer without explaining the reasons behind the rejection….CFJ confirmed that there had been an unprecedented increase in the implementation of death sentences in Egypt, based on illegal proceedings, with 26 people executed between the end of December last year and the present. CFJ further asserted that the reason for the death penalties “under the guise of combating terrorism” were misleading and in violation of basic standards of a fair trial indicating significant flaws in Egypt’s judicial process.

On only a few days ago (2 March 2018), responding to reports from his family and colleagues that Ezzat Ghonim – a prominent Egyptian human rights lawyer and director of the NGO, Egyptian Coordination for Rights and Freedoms – failed to return home from work yesterday, Najia Bounaim, Amnesty International’s North Africa Campaigns Director, said:  “Given the highly-charged political climate in Egypt and the clampdown on dissent in the lead-up to the presidential elections, we are deeply concerned that Ezzat Ghonim may have been forcibly disappeared. ”

For some of my earlier posts on Egypt, see: https://humanrightsdefenders.blog/tag/egypt/

https://www.iol.co.za/news/africa/rights-groups-condemn-egyptian-executions-done-by-military-13069428

https://www.hrw.org/news/2018/02/13/egypt-planned-presidential-vote-neither-free-nor-fair

https://www.amnesty.org.uk/press-releases/egypt-fears-lawyer-ezzat-ghonim-latest-human-rights-activist-be-disappeared

EU entity report foresees funding problems for human rights defenders

February 27, 2018

On 26 February 2018 ProtectDefenders.eu published a report on the diminishing prospect of sufficient funding for human rights defenders.

With human rights, democracy and the rule of law around the world increasingly under attack, those who stand up to defend them have an ever-more central role to play in sustainable development and conflict resolution. As civil society space closes around them, and governments use repressive tactics to impede their work, human rights defenders (HRDs) often put their lives, liberty, and safety at risk, and require support and protection in order to go on. In a context where the level of need and demand from HRDs has significantly risen, increased support will be required in the coming years to meet the demands of HRDs operating in the context of a global backlash. The level of funding and support provided by international donor community no longer matches the magnitude of the needs of Human Rights Defenders, as observed in the ProtectDefenders.eu report on funding on support for HRDs, launched last January at a public seminar held in the European Parliament. Human Rights Defenders, in fact, are receiving declining support.

In its conclusion, this report shows the high volatility of the level of funding available for HRDs at risk, as well as worrying indications that public funding for HRDs may be set to decrease in coming years due to loss of support from traditional allies.

The main conclusions of this report are available on ProtectDefenders.eu website

ProtectDefenders.eu presents a report on funding available for Human Rights Defenders

“I am Bahraini” website launched in effort to stop denationalizations

February 25, 2018
Salam launches “I am Bahraini” website allocated for citizenship revocation cases in Bahrain

SALAM for Democracy and Human Rights launched on 23 February 2018 the “I am Bahraini” network in both Arabic and English versions. The website is meant to support and defend Bahrainis whose citizenships were arbitrarily revoked due to political and identity backgrounds. A most timely initiative in view of the horrendous numbers of Bahrainis who have been struck with this measure. See: https://humanrightsdefenders.blog/2016/06/23/bahrain-reprisals-human-rights-defenders-travel-ban-denationalization-geneva/

7 November 2012,it started with he Bahraini Minister of Interior revoking the nationality of 31 citizens, among them clerics, former MPs, academics, journalists, human rights defenders, and members of civil society. The numbers quickly escalated afterwards. Until now, human rights defenders have counted 578 Bahraini citizens whom citizenships were effectively revoked and are rendered stateless.”Citizenship is the most basic and fundamental right of every individual. One losing his/her nationality consists a social demise. One possession of citizenship should not be seen as privilege or reward for allegiance, and its revocation should not be wielded as a weapon of control and oppression. The citizenry is above government and absolutely not vice versa. Citizenship revocation only enhances the discretionary and arbitrary power of the executive authority,” said Jawad Fairooz, President of SALAM for Democracy and Human Rights, also a former Bahraini MP whose nationality has been revoked.

The website gathers all relevant content, including lists of many of the affected persons, as well as the position of both the Bahraini government and the international community. The website also aims at creating a dedicated space for the cases of revoked citizenship in Bahrain and at publishing significant data, reports and news from various human rights organizations, media and research centers that could serve as references in both Arabic and English languages.

Organizers are seeking through this network to cooperate with all interested individuals or groups. People can contact them on: info@salam-dhr.org

http://en.abna24.com/news/bahrain/salam-launches-“i-am-bahraini”-website-allocated-for-citizenship-revocation-cases-in-bahrain_883339.html

250 NGOs address letter to Hungarian parliament regarding restriction on the work of human rights defenders

February 20, 2018
Bulgaria: 200 European Human Rights Organizations Protest in Hungary

More than 250 (!) human rights organizations protested today against the new laws proposed by the Hungarian Parliament aimed at limiting the work of NGOs helping refugees in the country. “We express our solidarity with civil society and all human rights defenders in Hungary – the brave people who are fighting for a more honest society,” reads part of the open letter  published by Amnesty International [the list can be consulted via the link below]. Today, parliament is going to discuss legislative changes that will impose new restrictions on non-governmental organizations in the country. It is expected that many of them will even be banned. According to the bills published last week on Parliament’s website, these organizations will be required to pay a 25% tax on all their foreign funding, and their workers will be banned from accessing refugee centers near the country’s borders.

The affected NGOs will also have to register with the Ministry of the Interior, which in turn will have the right to impose fines or deny them the right to work legally in Hungary. But to approve the changes, Prime Minister Viktor Orban’s government needs a two-thirds majority, which is not currently in parliament.

On 15 February 2018 the High Commissioner of Human Rights of the Council of Europe had already addressed the issue in a tough statement :

I am seriously concerned at the legislative package recently announced by the Hungarian government under the name “Stop Soros”. If adopted by Parliament, it will introduce further arbitrary restrictions to the indispensable work of human rights NGOs and defenders in Hungary. In a letter I sent to the Hungarian Parliament in May 2017, I set out my concerns regarding the then draft law on the Transparency of Organisations Supported from Abroad, which stigmatised a large number of organisations pursuing lawful activities in the field of human rights and introduced far-reaching restrictions on freedom of association in contravention of international human rights standards. I regret that instead of addressing those pressing human rights concerns, the Hungarian government appears now intent on intensifying stigmatisation and restrictions against NGOs working specifically on migration-related issues.

While I have not yet seen the final text of the proposed legislative package – changes to an earlier version I had examined were announced only the day before yesterday to make it “significantly stricter” – I am alarmed that it will aggravate the situation of freedom of association in Hungary even further. I understand that the changes made this week introduce mandatory licences for NGOs with a goal “to ensure that it is only possible to organise, support or finance migration in Hungary while in possession of a licence, which would be issued by the Minister of Interior following an assessment of the related national security aspects”. NGOs failing to abide by this requirement could be subject to sanctions, including a fine and ultimately dissolution. In addition, any such NGO that receives any amount of funding from abroad would be required to pay a 25% tax on such foreign funding.

The package also foresees the creation of “immigration restraining orders” that can be used to prevent any person deemed to “support the unlawful entry and residence of a third-country national” from accessing an 8-km zone from external borders – or even the entire Hungarian territory for non-nationals. Considering the context in which the proposed measures were conceived, there is an obvious risk that arbitrary restrictions may be applied on the freedom of movement of persons involved in refugee assistance at the border.

These proposed measures raise particular concerns because of the likelihood that they will be applied to organisations and individuals who carry out activities in the field of protecting the human rights of immigrants, asylum seekers and refugees that should be fully legitimate in a democratic society. Unfortunately recent public declarations of the Hungarian government referring to organisations which may come under the effect of the package only reinforce these concerns. In particular, the proposed package (which the government itself has named “Stop Soros”) follows a series of legal measures and stigmatising government rhetoric targeting entities funded or otherwise linked to Hungarian-American philanthropist George Soros, which carry out professional and important work in Hungary, including in the field of human rights.

Finally, I am alarmed at the escalating rhetoric used by the Hungarian government to portray NGOs and immigrants as a threat to national security. This discourse is stirring up among the population fears and intolerance towards foreigners and mistrust towards civil society organisations.

The proposed package of laws introduces administrative and financial burdens that constitute restrictions on freedom of association which cannot be regarded as necessary in a democratic society and are therefore at variance with international human rights standards. The package as a whole is stigmatising and is bound to have a chilling effect on NGOs but also their donors and individuals who work for or with them. I call once more on Hungary to refrain from penalising, stigmatising or putting at any disadvantage whatsoever NGOs, including those working in the field of migration, and to restore an enabling environment conducive to the work of human rights defenders.

The next day the UN High Commissioner for Human Rights labeled the law an “assault on human rights” and urged its government to uphold the right of freedom of association. It appeared to mark a further tightening of controls on groups “working on issues the government regards as against state interests, such as migration and asylum”, U.N. human rights spokesman Rupert Colville said. It represented “an unjustified restriction on the right to freedom of association and is a worrying continuation of the government’s assault on human rights and civic space,” he told a Geneva news briefing…

See also my earlier post: https://humanrightsdefenders.blog/2014/06/13/human-rights-defenders-in-hungary-not-yet-foreign-agents-but-getting-close/

https://www.amnesty.org/en/latest/campaigns/2018/02/in-solidarity-with-civil-society-in-hungary/

http://www.novinite.com/articles/188074/200+European+Human+Rights+Organizations+Protest+in+Hungary

https://www.coe.int/en/web/commissioner/-/commissioner-concerned-about-proposed-additional-restrictions-to-the-work-of-ngos-in-hungary

https://www.reuters.com/article/us-hungary-soros-law-un/hungary-anti-immigration-bill-an-assault-on-human-rights-u-n-idUSKCN1G0102