Commentary by Maina Kiai, UN Special Rapporteur on the rights to freedom of peaceful assembly and of association It’s been well documented in recent years that space for ordinary people to exercise their fundamental freedoms – and to participate in their own governance – is closing at a rapid and disturbing pace worldwide. A 2015 study, for example, showed that the core freedoms of expression, association and peaceful assembly were violated to a significant degree in at least 96 countries during 2014. And that is only one of many indicators. What’s less discussed is that space to exercise fundamental freedoms is closing at the international level as well. And ground zero, shamefully, is the very place where these rights should be thriving: The United Nations, one of whose pillars, ironically, is human rights. The United Nations human rights bodies and mechanisms, including the Human Rights Council, are key spaces for NGOs to exercise their rights to freedom of expression, association and peaceful assembly that are so frequently denied back home. But the same governments that are restricting NGOs domestically are stepping up efforts to take away NGOs’ voices on the international stage as well. They are doing this by hijacking, and subsequently closing, the main door used by civil society... Continue reading →
GENEVA – A group of United Nations Special Rapporteurs today urged the Government of Kenya to reject legislation that would impose severe restrictions on civil society. “The Bill is an evidence of a growing trend in Africa and elsewhere, whereby governments are trying to exert more control over independent groups using so-called ‘NGO laws,’” the human rights experts warned. The Bill, which was presented to Parliament on 30 October, would amend Kenya’s Public Benefit Organization Act of 2012 and grant the Government sweeping and potentially arbitrary powers to deny registration for such organizations, including NGOs. It would also cap foreign funding at 15% of their total budgets and channel all their funding through a government body, rather than going directly to beneficiary organizations. “The amendments to the regulations of associations contained in the draft law could have profound consequences for civil society organizations in Kenya, including for those involved in human rights work, and could deter individuals from expressing dissenting views,” the UN Special Rapporteur on the situation of human rights defenders, Margaret Sekaggya, stressed. The expert called on the Kenyan authorities to immediately suspend the legislative process of the Bill, and to re-evaluate it in line... Continue reading →
Blantyre, Malawi – Maina Kiai told a conference of civil society leaders in Malawi today that African civil society is “under attack” from all angles and facing a crisis of shrinking space, as underscored by recent developments in Kenya and South Sudan. “Governments across the region are moving rapidly to squeeze civil society out of its rightful place in the public sphere,” Kiai said after the speech. “They see civil society as a competitor, challenging their authority. And they are attacking from all angles – cutting off their ability to seek funds, imposing improper registration requirements, and harassing people who speak out.” Kiai, the United Nations’ Special Rapporteur on the freedoms of peaceful assembly and of association, spoke of the attacks during a keynote address on the first day of the ACT Alliance regional consultation on civil society space in Blantyre. The consultation was convened to explore ways that civil society groups in the region can ensure their ability to operate in a so-called “enabling environment.” Such an environment includes a functioning democratic judicial system, vibrant freedoms of expression, assembly and association, and the ability to secure funding and participate in public affairs. Kiai pointed to numerous examples of shrinking civil... Continue reading →
Maina Kiai and two other United Nations independent human rights experts today expressed serious concern at the “obstructive, intimidating and stigmatizing effects” brought about by the current implementation in the Russian Federation of the law on ‘non-commercial organizations’ (NCOs), adopted on 21 November 2012 by the Duma. The UN Special Rapporteurs on freedom of association, human rights defenders and freedom of expression urged the Russian authorities to revise the law due to its lack of compliance with international law and standards and its adverse consequences on the important work of hundreds of organizations and human rights defenders. “Unfortunately, our fears seem to have been confirmed,” said the Special Rapporteur on the rights to peaceful assembly and of association, Maina Kiai. In July 2012, the three experts warned that the law could brand as ‘foreign agents’ all foreign-funded NCOs engaging in political activities and impose severe penalties for non-compliance with the established requirements. They also raised alarm about the use of the term ‘foreign agents’, which can be associated with ‘spy’ and lead to increased stigmatization and vulnerability to acts of violence against those targeted. “Since the law was passed, we now witness an unprecedented... Continue reading →
A group of United Nations independent human rights experts today urged the Egyptian Shura Council not to adopt a draft law on civil society organisations, which, in its current form, does not comply with international human rights norms and standards relating to freedom of association. “It is highly regrettable that a government that was formed as a response to peaceful social activism can place such restrictions on people’s right to freedom of association,” said the UN Special Rapporteurs on freedom of peaceful assembly and of association, on human rights defenders, and on freedom of opinion and expression. “All actors should play a role in the conduct of public affairs.” The human rights experts regretted that valuable recommendations put forward by Egyptian civil society actors were not taken into account in the drafting of the text. “We are seriously concerned that numerous provisions contained in the draft law may be used to hamper the legitimate work of civil society organisations, particularly those advocating human rights,” they noted. The experts welcomed the Egyptian authorities’ initiative to revise law 84/2002 due to its lack of compliance with international standards; however, they warned that “the draft legislation currently being considered by the Shura Council has a... Continue reading →
A group of United Nations independent experts on freedoms of association, expression, and religion and on the situation of human rights defenders today warned that the Bill on Mass Organizations -due for vote later this week in Indonesia- threatens with undue restrictions the rights to freedom of association, expression, and religion. They urged Members of Parliament to amend the Bill to bring it in line with international human rights norms and standards. “The State must ensure that any restriction on the rights to freedom of association, expression, and religion is necessary in a democratic society, proportionate to the aim pursued, and does not harm the principles of pluralism, tolerance and broadmindedness,” stressed the UN Special Rapporteur on the rights to freedom of peaceful assembly and of association, Maina Kiai. The expert noted that this legislative initiative runs contrary to the remarkable progress towards democratization Indonesia has made since the past decade, which has paved the way for a flourishing civil society. The Bill on Mass Organizations imposes the requirement on the founding of associations not to be in contradiction with Pancasila - the official State philosophy in Indonesia that consecrates the belief ‘in the One and Only God’. It also stipulates that organizations... Continue reading →
Maina Kiai and two other United Nations experts have urged the State Duma not to adopt legislative amendments that can adversely impact civil society in Russia. The Special Rapporteurs on freedom of association, human rights defenders and freedom of expression warned that the draft law, if approved, would brand as ‘foreign agents’ all foreign-funded non-commercial organizations (NCOs) engaging in political activities, and impose harsh penalties for non-compliance with the new requirements. “These amendments constitute a direct affront to those wishing to freely exercise their right to freedom of association,” stressed the UN Special Rapporteur on the rights to freedom of peaceful assembly and of association, Maina Kiai. According to the draft legislation to regulate NCOs’ activities, which is currently being discussed in the State Duma, NCOs wishing to engage in ‘political activities’ will have to register as organizations ‘performing the functions of foreign agents’ before receiving foreign funding. The term ‘foreign agent’ has been considered as carrying a negative connotation in Russia, and could be interpreted as a synonym for ‘foreign espionage.’ Moreover, the draft law stipulates that any material published by such organizations will have to be labelled as being... Continue reading →
A group of United Nations human rights experts, including Maina Kiai, called on the Government of Malaysia and other parties involved to respect and protect the legitimate work of an umbrella group of NGOs campaigning for reform of the electoral process in the lead-up to the general election, scheduled to take place by April 2013. The UN independent experts on human rights defenders, freedom of peaceful assembly and freedom of expression urged the authorities to protect effectively one of the directors of the Coalition for Clean and Fair Elections (Bersih), Ambiga Sreenevasan, and other Bersih members, against acts of harassment and intimidation by various groups of individuals. Ms. Sreenevasan has been the subject of credible threats against her life in the past months. She has been labelled by various groups as an enemy of the State and a traitor, who should be expelled from the country, because of her advocacy work with Bersih calling for reform of the electoral process. Effigies of Ms. Sreenevasan were also burned. Recently she had to cancel her participation in a public event because of fears for her safety. “I am seriously concerned by these disturbing acts of harassment against a prominent woman human rights defender who is being targeted because of her legitimate human rights activities... Continue reading →
United Nations Special Rapporteur on freedom of peaceful assembly and of association, Mr. Maina Kiai, today urged the Algerian authorities to seize the unique opportunity offered by the upcoming legislative elections to ensure that the new regulations for civil society organizations, adopted at the end of last year, adequately meet the requirements of international human rights law. “The legislative elections, scheduled on Thursday, 10 May 2012, must address civil society’s legitimate demands and uphold freedom of association,” Mr. Kiai stressed. “While the Arab Spring paved the way for a more inclusive participation of civil society, it is highly regrettable that Algeria has now taken a step backwards in relation to freedom of association by placing more rigorous limits on the scope of associations’ activities or their access to funding.” The human rights expert voiced particular concern about many provisions of Law 12-06 on associations adopted in December 2011, which imposes new controls and restrictions on the establishment of associations and their access to foreign funding. Under the new law, the formation of an association requires prior approval by the authorities, who can now reject a registration application without referring the matter to a judge, as was previously the case.... Continue reading →
The United Nations Special Rapporteur on the rights to freedom of peaceful assembly and of association, Mr. Maina Kiai, warned that the current public draft of the Law on Associations and Non-Governmental Organizations in Cambodia - if adopted - risks breaching the International Covenant on Civil and Political Rights. “The current draft NGO Law contains a set of problematic provisions, raising concerns over a potential negative impact on Cambodian citizens’ democratic participation in furthering the development of their country,” warned the UN rights expert. Welcoming a recent statement by the Ambassador of Cambodia to the UN Human Rights Council promising “further consultations,” he called on the authorities to review the draft law in open and meaningful discussions with associations and NGOs. Mr. Kiai stressed that the draft law makes registration of associations and NGOs mandatory, not voluntary, and prohibits any activity by unregistered groups. “This constitutes a clear infringement of the right to freedom of association. Having a recognized legal status may confer rights and benefits to organizations such as the ability to open bank accounts, but legal status is not necessary for the enjoyment of the right to freedom of association.” “The draft law excludes refugees, stateless... Continue reading →
