GENEVA – Malaysia must protect all of its human rights defenders instead of targeting them under national security legislation, said today a group of United Nations human rights experts*. Their call comes after weeks of heightened pressure on BERSIH 2.0 – a coalition of civil society organizations campaigning for clean and fair elections – and the organizers of the Bersih 5 rally, held in three cities across Malaysia on 19 November 2016. “We are particularly concerned at the arrest of Maria Chin Abdullah, the Chairperson of BERSIH 2.0, on 18 November 2016 and her subsequent detention under the Security Offences Special Measures Act 2012 (SOSMA),” the experts said. SOSMA specifically states that no individual will be arrested under the law for ‘political activity’ or ‘belief’ and that its use is strictly restricted to matters pertaining to public order and national security. “Although Ms. Chin Abdullah has now been released, the detention of a prominent woman human rights defender under SOSMA sets a troubling precedent, by suggesting that democratic participation can be a threat to national security,” they cautioned. “Her arrest will clearly have a chilling effect on civil society participation”. Ms. Chin Abdullah, who was the first peaceful activist to be detained under SOSMA, has also... Continue reading →
GENEVA – The Government of the Democratic Republic of the Congo (DRC) is silencing critics in clear violation of international human rights law, a United Nations expert has warned. The action, which includes jamming radio broadcasts and arresting journalists, is targeting the independent media at a time of high political tension, says the UN Special Rapporteur on freedom of expression, David Kaye. “These actions are not only in clear violation of the DRC’s obligations under international human rights law, but the silencing of critical voices through arrests, censorship and other forms of government control poses risks for the stability of the country which is already in a seriously fragile state,” the expert said. “Freedom of expression in the DRC has increasingly been threatened by the criminalization of critics and the opposition, including the use of harsh punishments. The government has a responsibility to uphold people’s rights to freedom of expression and a free media, as guaranteed in the 2005 constitution,” Mr. Kaye added. “It should also take the opportunity to promote and protect these rights to establish a foundation for growth and stability.” The independent expert highlighted examples including a decree issued by the Minister of Information and Media, Lambert Mende, on 12 November,... Continue reading →
GENEVA – Special Rapporteur Maina Kiai has submitted a legal analysis in the case of Kazakhstan protester Max Bokayev, who is currently on trial for participating in an unauthorized assembly in April 2016. Bokayev, who heads the local NGO Arlan, stands charged under Kazakh domestic law of inciting social discord, distribution of knowingly false statements and violation of the procedure to organize and conduct meetings, rallies, pickets, marches and demonstrations. He is currently on trial in Altyrau City Court. The Special Rapporteur’s analysis was submitted to the Kazakh NGO Dignity – which is helping with Bokayev’s defense – though the Special Rapporteur has invited the organization to share the legal arguments with the Court “to facilitate a clear interpretation of the right to freedom of peaceful assembly as understood in international law, standards and principles as guaranteed under the constitution of Kazakhstan.” The Special Rapporteur was unable to submit a formal amicus curiae brief in the case due to time constraints. The analysis addresses five discrete areas of law relevant to the case: The application of international law in the courts of Kazakhstan; the sanctioning of peaceful participation in an unauthorized assembly; the imposition of sanctions for failure to respect assembly... Continue reading →
Statement by Maina Kiai SPECIAL RAPPORTEUR ON THE RIGHTS TO FREEDOM OF PEACEFUL ASSEMBLY AND OF ASSOCIATION 71st session of the General Assembly, Third Committee, Agenda item 68 (b) 20 October 2016, New York Madam Chairperson, Ladies and gentlemen, I am pleased to present to you my final report as the Special Rapporteur on the rights to freedom of peaceful assembly and of association. It has been an honour to appear before this august body for the past four years and to draw much-needed attention to the challenges facing those who exercise the rights to freedom of peaceful assembly and of association around the world. My mandate was created at a time when it was increasingly clear that individuals wanted and were demanding a larger say in public affairs and in decisions that affect them. The uprisings in different parts of the globe, most prominently the colour revolutions in the former Soviet Republics and the Arab awakening are testament to this. My time in the mandate also covered a period during which the world faced a series of severe crises: growing poverty and inequality, violent extremism, financial collapse, intolerance of “the other,” climate change, and failing states, just to name a few. It was – and still is – a time when assembly and association rights were needed most, as an avenue... Continue reading →
(NAIROBI/NEW YORK) – Special Rapporteur Maina Kiai has been chosen to receive the United Nations Foundation’s 2016 Leo Nevas Human Rights Award, and will travel to New York to accept the prize at the Foundation’s Global Leadership Dinner on Oct. 19. Fellow honorees at the event will include United States President Barack Obama – who will receive the foundation’s Champion for Global Change Award – and Ertharin Cousin, Executive Director of the World Food Programme. The Leadership Dinner is co-sponsored by the United Nations Association of the United States of America (UNA-USA). The award honors Kiai’s work advancing civil liberties worldwide as UN Special Rapporteur on the rights to freedom of peaceful assembly and of association. Kiai has served in the position since May 1, 2011. “I am honored and humbled to receive the 2016 Leo Nevas award for my work as Special Rapporteur,” Kiai said. “But in truth, this award recognizes something far beyond me personally: it is a validation of our collective global fight to restore civil society to its rightful place at the center of democracy and development. And it is an opportunity to spotlight this fight, because it is far from over. Peaceful protests continue to be put brutally down; members of civil society continue to be harassed, arrested and killed; and... Continue reading →
GENEVA – A group of United Nations human rights experts today called on the Sudanese authorities to drop charges carrying the death sentence brought against six people linked to a prominent Khartoum-based organisation, Training and Human Development (TRACKS). The six*, who were detained some three months ago but are yet to face trial, have been charged with criminal conspiracy, undermining the constitutional system, waging war against the State, espionage, and terrorism by the Sudanese State Security Prosecution Office. All these charges carry the death penalty. “The death penalty is an extreme form of punishment. lf used at all, it should only be imposed after a fair trial that respects the most stringent due process guarantees as stipulated in international human rights law,” said UN Special Rapporteur on extrajudicial, summary or arbitrary executions Agnes Callamard. “I am seriously concerned that any trial of these six people would not uphold such principles.” The six individuals have faced constant targeting by agents from the National Intelligence and Security Service (NISS) over the past two years. Their offices have been raided twice, and their documents, equipment and passports confiscated. In addition, they say they have been summoned, detained and tortured several times at the NISS office, where... Continue reading →
WASHINGTON, DC – First let me thank the Government of the United States of America for inviting me to undertake this official mission here from 11 to 27 July 2016. I would also like to thank the Government for its cooperation in organizing the mission, which was extremely fruitful, illuminating and timely. I had productive exchanges with numerous officials at the federal, state and local levels. I appreciate their contributions and inputs which have greatly assisted me in better understanding the situation regarding the rights to freedom of peaceful assembly and of association in the United States today. Let me also thank the US Government for the crucial role it played in establishing and renewing my mandate and its consistent support for it at the UN Human Rights Council. I also commend the US for the key role it has played at the Council in general, including in relation to the adoption of resolutions on peaceful protests, civic space, LGBT rights and many more issues. During my visit, I have met with hundreds of activists and individuals representing a wide range of perspectives, observed a number of protests at the Republican and Democratic national conventions, and more. I want to thank everyone who took the time to meet with me and share their stories. The diversity, energy and dedication of America’s civil... Continue reading →
Statement by Special Procedures mandate holders* of the Human Rights Council in advance of the World Humanitarian Summit GENEVA/ISTANBUL – We, a group of concerned Special Procedures mandate holders of the United Nations Human Rights Council urge all participants to ensure that human rights are prominent in the discussions at the World Humanitarian Summit and integrated into all aspects of the conference. They should be reflected fully in the outcomes, targets, and high level national commitments aimed at better protecting and meeting the needs of all those affected by conflict, disaster and displacement - some of the world’s most vulnerable people. The Summit, a landmark international event taking place in Istanbul on 23 and 24 May 2016, offers a unique and timely opportunity to address major global humanitarian challenges, devise new and collaborative approaches to humanitarian action, and forge essential national commitments to improve responses. Among the outcomes of the Summit should be greater attention to human rights by all national and international actors during all phases: from prevention and preparedness, to emergency response and recovery, and helping to shape essential peace-building, justice and development measures aimed at mitigating against future humanitarian crises. A strong emphasis of the... Continue reading →
GENEVA – United Nations human rights experts, including Maina Kiai, today called on the Government of Cambodia to stop targeting civil society, human rights defenders, parliamentarians and UN personnel, and to take effective measures to protect civil society and respect fundamental freedoms in the country. “The escalation of criminal charges, questioning, court proceedings and public statements against them must cease,” the experts said. “We urge the Cambodian authorities to ensure a safe and enabling environment for human rights defenders and civil society, which play a critical role in holding the Government to account and bringing benefits of human rights to the whole of Cambodian society.” The human rights experts’ appeal comes as the courts investigate an alleged extra-marital affair of an opposition parliamentarian, as well as the related allegations of bribery brought against staff members of a prominent human rights organisation ADHOC. An anti-terrorism department inexplicably initiated these charges, and then anti-corruption unit further pursued the case after ADHOC had provided legal and material support. “We are also troubled by the actions taken by Cambodian authorities to deter and disperse peaceful demonstrations and arrest individuals protesting what they see as Government’s mounting... Continue reading →
Issue No. 20 of the Assembly and Association Briefing, the newsletter of Maina Kiai, UN Special Rapporteur on the rights to freedom of peaceful assembly and of association. In this issue: • Closing space for civil society in the United Kingdom, Special Rapporteur warns after official visit • India: Special Rapporteur says restrictions on foreign funding contrary to international law • Honduras: UN experts renew call to end impunity for murder of activists • UN experts urge Mexico to counter smear campaign and support human rights defenders • Egypt: end ongoing crackdown on human rights defenders and organizations • What is permissible when countering terrorism? UN experts welcome new African guidelines • Freedom of association and assembly: By the numbers • Special Rapporteur news in brief: March-April 2016 • World briefing: Freedom of assembly and association in the news For a link to the newsletter, click on the image at right or click here (1.9MB file) or here (13.6MB full resolution file). To subscribe to our newsletter, please drop us a line at info@freeassembly.net with the subject line “subscribe to newsletter.” For other recent newsletters, see the links below: The Assembly and Association Briefing, Vol. 2, No. 8 (Issue 17) (Nov.-Dec. 2015) The... Continue reading →
