GENEVA – Three United Nations human rights experts today called on the Government of India to repeal the Foreign Contribution Regulation Act (FCRA), which is been increasingly used to obstruct civil society’s access to foreign funding, and fails to comply with international human rights norms and standards. “We are alarmed that FCRA provisions are being used more and more to silence organisations involved in advocating civil, political, economic, social, environmental or cultural priorities, which may differ from those backed by the Government,” said the UN Special Rapporteurs on human rights defenders, Michel Forst, on freedom of expression, David Kaye, and on freedom of association, Maina Kiai. The experts’ call comes as the Indian Ministry of Home Affairs suspended for six months the registration of the non-governmental organization Lawyers Collective, under the FCRA. The suspension was imposed on the basis of allegations that its founders, human rights lawyers Indira Jaising and Anand Grover, violated the act provisions by using foreign funding for purposes other than intended. Despite detailed evidence provided by the NGO to rebut all allegations and prove that all foreign contributions were spent and accounted for in line with FCRA, the suspension was still applied. “We are... Continue reading →
GENEVA – United Nations human rights experts today called on the Government of Viet Nam to stop the persecution of Ms. Tran Thi Hong, who has been repeatedly arrested and tortured as retaliation for informing the international community of human rights violations against her husband, who is in prison for peaceful religious activities. The Special Rapporteur on freedom of religion or belief, Heiner Bielefeldt, and the Special Rapporteur on torture, Juan E. Méndez, also urged the Vietnamese authorities to put an end to all persecution and harassment, including criminalization, against religious leaders and human rights defenders, women human rights defenders and members of their families. Their appeal was endorsed by Special Rapporteur Maina Kiai and others. Ms. Tran, spouse of imprisoned Pastor Nguyen Cong Chinh, was initially arrested on 14 April 2016. She was tortured and warned to stop her activities promoting freedom of religion. Since then, Ms. Tran Thi Hong has been repeatedly arrested and harassed by the authorities, who are trying to force her to ‘cooperate’ with the Government. “We are concerned that the repeated arrests and the continuing detention of Ms. Tran resulted from her peaceful human rights work and exercise of her fundamental rights, which constitutes arbitrary... 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... Continue reading →
GENEVA – A group of United Nations human rights experts today called on the Chinese authorities to repeal the Law on the Management of Foreign Non-Governmental Organizations’ Activities adopted by the National People’s Congress on 28 April 2016. The Law will enter into force on 1 January 2017. “We fear that the excessively broad and vague provisions, and administrative discretion given to the authorities in regulating the work of foreign NGOs can be wielded as tools to intimidate, and even suppress, dissenting views and opinions in the country,” warned the UN Special Rapporteurs on freedoms of peaceful assembly and association, Maina Kiai; on human rights defenders, Michel Forst; and on freedom of expression, David Kaye. Under the new Law, foreign NGOs are banned from undertaking activities deemed as ‘endangering national unity, national security or ethnic unity or harming China’s national interests and societal public interests…’. “Such broadly crafted restrictions fail to comply with international human rights norms and standards relating to freedom of association and freedom of expression,” the experts stressed. The Law also prohibits foreign NGOs from conducting ‘political activities’ without specifying what such activities entail, hence allowing arbitrary and broad... Continue reading →
NAIROBI/GENEVA - United Nations Special Rapporteur Maina Kiai has published a legal analysis arguing that India's Foreign Contributions Regulation Act (FCRA) - which regulates foreign funding to certain individuals, associations and companies - is not conformity with international law, principles and standards. The analysis, which was submitted to the Government of India on April 20, 2016, is available here. The FCRA, which was enacted in 2010, bars “organizations of a political nature” from accepting foreign contributions. Acceptance of foreign contributions may further be prohibited where the Government “is satisfied that the acceptance of foreign contribution… is likely to affect prejudicially… public interest.” The law has come under scrutiny in recent years, with some sources reporting that nearly 14,000 NGOs have seen their licenses to receive foreign funding revoked by the Government. The Special Rapporteur argues that the ability of civil society organizations to access resources, including foreign funding, is a fundamental part of the right to freedom of association under international law, standards, and principles – and more particularly part of the right to form an association. He further asserts that India’s limitations on access to foreign funding do not meet... Continue reading →
SEOUL – United Nations Special Rapporteur Maina Kiai today commended the Republic of Korea’s “impressive achievements,” but underlined that its journey to democracy is not yet over. At the end of his first official visit to the country, Mr. Kiai warned that the democracy project is still being threatened by a decline on the rights to freedom of peaceful assembly and of association. “The project of building democracy and human rights in South Korea is not over; indeed it never truly is, in any nation,” said the independent expert mandated by the UN Human Rights Council to monitor and promote the realization of the rights to freedom of peaceful assembly and of association worldwide. “What we have is a structure, and our solemn task as governments and citizens is to continually build upon that structure, strengthening the foundation and cultivating its resilience.” While the Special Rapporteur applauded the Government’s many human rights achievements, he also highlighted “a trend of gradual regression on the rights to freedom of peaceful assembly and of association – not a dramatic shutdown of these rights, but a slow, creeping inclination to degrade them.” Mr. Kiai said that undue restrictions are seeping into every stage of the peaceful assembly process in South Korea, despite... Continue reading →
Special Rapporteur Maina Kiai undertook an official mission to the Republic of Korea Jan. 20-29, 2016. The visit was carried out pursuant to his mandate to assess the situation of freedoms of peaceful assembly and association in the country. The Special Rapporteur concluded his visit by congratulating the Republic of Korea on its "arduous journey" from authoritarian rule to democracy, and noted its leading role in the promotion and protection of human rights at the international level. His was quick to caution, however, that "the project of building democracy and human rights in South Korea is not over; indeed it never truly is, in any nation." "What we have is a structure, and our solemn task as governments and citizens is to continually build upon that structure, strengthening the foundation, cultivating its resilience," the Special Rapporteur said during a press conference at the conclusion of his visit on Jan. 29, 2016. Every democratic country will inevitably face challenges, but what concerned the Special Rapporteur during his visit was how the Government of South Korea is addressing them. "I sense a trend of gradual regression on the rights to freedom of peaceful assembly and of association – not a dramatic shutdown of these rights, but a slow, creeping inclination to degrade... Continue reading →
(English) 서울 (2016년 1월29일)-공식방한을 초청해 주신 대한민국 정부에 감사드립니다. 이번 한국 방문이 특별보고관으로서 저의 첫번째 공식 아시아 방문이기도 합니다. 또한 한국 정부가 현재 구금 상태인 한상균 민주노총 위원장과의 면담을 포함하여 이번 방한 조사를 위해 큰 협조를 해 주신데 대해서도 감사드립니다. 저는 행정, 입법, 사법부 인사들을 만나뵙고 정보를 얻을 수 있었습니다. 일일이 열거하기가 힘들 정도로 많은 공무원들을 만났습니다. 비록 제가 수 차례 요청했던 정치 지도자들과의 면담은 실현되지 못했지만 만나 뵈었던 공무원들께서 많은 정보를 주시고 지원을 해 주신데 대하여 깊이 감사드립니다. 또한 다양한 시각을 가진 활동가들도 만났고 다수의 시위현장을 방문했으며 세월호 침몰로 아이를 잃은 가족들도 만나고, 안산, 경주, 포항을 방문했습니다. 이를 통해 한국의 시민사회와 민주주의의 역동성을 직접 체험할 수 있었습니다. 저는 서로 단결하여 거리 또는 권력의 중심지로 나아가 자신의 생각을 피력하고 변화를 이끌어내고자 하는 적극적이고 활기... Continue reading →
(한국어) SEOUL – I would like to thank the Government of the Republic of Korea for inviting me to undertake this official mission here from 20 to 29 January 2016, my first to Asia. I would also like to thank the Government for its excellent cooperation in organizing the mission, including the visit with KCTU president Mr. Han Sang-gyun in prison. I have had informative exchanges with the members of the executive, legislative and judicial branches, and met with a list of officials too long to list here. Their input and assistance was much appreciated even though I did not meet with any of the political leaders of government despite my repeated requests. I also met with activists representing different perspectives, observed a number of protests, talked with families who lost their children in the Sewol ferry tragedy, and more. I travelled to Ansan, Sejong, Gyeongju, and Pohang. These experiences allowed me to witness firsthand the vibrancy of this country’s civil society and democracy. I am impressed by the boisterous and energetic tradition of people joining together and taking to the streets or the halls of power to speak their mind and effect change. Some view this tradition as a bit rowdy, but civil society’s heart beats loudly in South Korea, something that all democracies should... Continue reading →
(English) 제네바 —UN 평화적 집회와 결사의 자유 특별보고관 마이나 키아이(이하 “특별보고관”)가 1월 20일부터 29일까지 방한한다. 방한 기간 동안 평화적 집회와 결사의 권리가 대한민국 내에서 어느정도 수준으로 향유되는지 면밀하게 평가할 예정이다. 특별보고관은UN 인권이사회로부터 전세계 평화적 집회와 결사의 자유권 실현을 모니터링하고 독려하는 임무를 부여받은 독립적 전문가이다. 평화적 집회와 결사의 자유 특별보고관으로는 정보 수집을 목적으로 대한민국에 처음 방문한다. 이번 방한은 대한민국 정부 초청으로 이루어진다. “인권이사회는 평화적 집회와 결사의 자유 권리가 민주주의의 핵심 요소라 인식하며, 회원국으로 하여금 개개인의 평화적 집회 및 결사의 자유 권리를 존중하고 전적으로 보호할 수 있도록 촉구한다. 이번 방한은 이런 관점에서 여러차례 인권을 향한 의지를 표명해온 국가에서 직접 정보를 수집할 기회이다." 고 특별보고관은 발했다. 특별보고관은 9일 간의 일정동안 서울, 안산, 경주 및 포항을 방문하며 정부관계자, 사법부 및 입법부 관계자, ... Continue reading →
