(한국어) GENEVA – United Nations Special Rapporteur Maina Kiai will visit the Republic of Korea from 20 to 29 January 2016 to assess in-depth to what extend the rights to freedom of peaceful assembly and of association are enjoyed in the country. Mr. Kiai’s visit will be the first information-gathering mission to the Republic of Korea by an 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. It will take place at the invitation of the Government. “The Human Rights Council has recognized both rights as essential components of democracy, and called on States to respect and fully protect the rights of all individuals to assemble peacefully and associate freely,” the expert said. “This visit will give me an opportunity to gather first-hand information in that regard in a country that has voiced its commitment to human rights on repeated occasions.” During his nine-day visit, the Special Rapporteur will travel to Seoul, Ansan, Gyeongju and Pohang. He will meet with State officials, members of the judiciary and of Parliament, as well as representatives of the National Human Rights Institute, the civil society, and the diplomatic community. He also hopes to meet with... Continue reading →
Issue No. 17 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: • UN experts warn that Brazil anti-terrorism law may threaten fundamental freedoms • Kiai urges European Court to establish “clear and strong standards” on assembly rights • Burundi: Experts urge Security Council to follow resolution with ‘concrete’ steps • Bangladesh NGOs: Kiai warns against proposed funding bill • Special Rapporteur urges Chile to scrap proposed ‘identity check’ bill • High time to protect sexual and reproductive rights defenders in the Americas • Civil society needs ‘new tactics’ to reverse shrinking space, Special Rapporteur tells Asia-Pacific activists in Seoul • Background reports compare laws on businesses and CSOs in 34 states • Freedom of association and assembly: By the numbers • Special Rapporteur news in brief: November-December 2015 • 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 (4.1MB file) or here (6.8MB full resolution file). To subscribe to our newsletter, please drop us a line at info@freeassembly.net with the subject line... Continue reading →
GENEVA – The United Nations Special Rapporteur on the rights to freedom of peaceful assembly and of association, Maina Kiai, on Friday urged the Bangladeshi Parliament not to adopt a bill which could severely restrict civil society organizations’ access to funding and hinder their activities. The draft Foreign Donations (Voluntary Activities) Regulation Act is expected to be debated during the next Parliament session starting 8 November 2015. “This Bill is deeply worrying. Civil society is a crucial component for the promotion and protection of human rights, good governance and the rule of law, and for contributing to the provision of humanitarian assistance,” Mr. Kiai said. “Unduly restricting civil society organizations’ access to resources therefore not only has a detrimental impact on freedom of association, but also deeply undermines the civil, political, economic, social and cultural rights that these organizations seek to promote and protect,” he stressed. The Special Rapporteur noted that the proposed law would, among other problematic issues, make it compulsory for NGOs seeking to receive or use foreign funds to register with the Government-controlled Non-Governmental Organizations Affairs Bureau, and obtain its approval for each project undertaken with these resources. The... Continue reading →
GENEVA – United Nations human rights experts, including Maina Kiai, today called on the Chinese authorities to stop what appears to be targeted police harassment and intimidation of lawyers and those working closely with them. “Lawyers are essential to ensure the rule of law; they need to be protected not harassed,” they said. The independent experts expressed dismay at the ever growing number of lawyers and persons associated with their work, including law firm personnel, legal assistants and human rights defenders, who have been arrested and detained, including incommunicado, or summoned and questioned since 9 July 2015. More than 100 lawyers have been arrested and detained or interrogated over the last few days in direct connection with their professional activities, according to the information received by the experts. Most of the lawyers are believed to have been working on human rights-related cases, in particular cases where they represented well known political dissidents, journalists and artists. “If no charges are pressed, the authorities should immediately release all persons detained; alternatively, if they are officially charged with criminal offences, all due process guarantees should be provided, in particular the immediate and adequate access to an independent legal... Continue reading →
GENEVA – United Nations human rights expert Maina Kiai today called on the Cambodian Senate to reject the draft Law on Associations and Non-Governmental Organisations (LANGO) that “unequivocally threatens the very existence of a free and independent civil society in Cambodia.” The NGO Bill will soon be examined by the Senate, after being approved on Monday 13 July by the Cambodian National Assembly. The Bill was unanimously adopted by the 68 parliamentarians belonging to the ruling party, while the 55 parliamentarians in the opposition boycotted the vote. “Should the draft law be adopted, any group advocating for human rights, basic freedoms and good governance may be shut down and criminalized. It will ultimately have a disastrous impact on Cambodian citizens’ democratic participation in furthering the development of their country,” the Special Rapporteur on the rights to freedom of peaceful assembly and of association warned. “I urge the Senate to reject entirely the Bill as it direly falls short of international human rights norms governing freedom of association, in particular Article 22 of the International Covenant on Civil and Political Rights which Cambodia acceded in 1992,” Mr. Kiai said. The Special Rapporteur highlighted that, under the draft law, associations and NGOs... Continue reading →
GENEVA – United Nations human rights expert Maina Kiai today reiterated his call to the Government of Cambodia to ensure that civil society can meaningfully contribute to the elaboration of the draft Law on Associations and Non-Governmental Organizations (LANGO), which is expected to be adopted by parliament this month. “It is ironic that the drafting of a law regulating civil society in Cambodia excludes civil society from the process,” the UN Special Rapporteur on the rights to freedom of peaceful assembly and of association said, stating that he has “serious concerns about a process that would result in the adoption of the LANGO without meaningful public participation.” Mr. Kiai noted that the development of legislation to regulate civil society associations in the country, which dates back to 2008, has been reportedly shrouded in secrecy. “Relevant stakeholders have told me that the content of the current draft law has not been disclosed and they have been unsuccessful in their attempts to acquire a copy of text,” he said. “Sidestepping the democratic process by leaving out civil society actors and their important contribution from the process, and avoiding international scrutiny of legislation, is not without precedent in Cambodia,” he said, noting that important electoral... Continue reading →
GENEVA – International support is now needed to investigate the enforced disappearance of a leading Laotian human rights defender, a group of United Nations independent experts, including Maina Kiai, said today. Human rights activist Sombath Somphone has been disappeared since December 2012. “It is high time for the authorities of the Lao People’s Democratic Republic (PDR) to voluntarily request international assistance with the aim of shedding light on Mr. Somphone’s fate and whereabouts, two years after his disappearance,” the experts said. “International law makes clear that the Government of the Lao People’s Democratic Republic has the duty to carry out an independent, thorough, credible and effective investigation.” Mr. Somphone is a prominent human right activist working on issues of land confiscation and assisting victims in denouncing such practices. He was last seen at a police check point with his car parked in the police compound. “We urge the authorities to release more information about the progress of investigation, especially to his family,” the independent experts stressed. “In the absence of any tangible progress, we strongly recommend that an international team of experts work jointly with the Lao People’s Democratic Republic’s to fulfil its legal... Continue reading →
Maina Kiai visited South Asia last month on an unofficial visit that included stops in Nepal and Bangladesh. During his visit, he took time to sit down for an interview with Indian journalist and human rights activist Teesta Setalvad of Communalism Combat. The interview is available here, or by clicking the video below. In the wide-ranging interview, Kiai speaks about the role of the Special Rapporteur mandate, the "dumbing down" of the media when it comes to human rights issues, the true meaning of democracy, and India - including the difficulties he faced in trying to visit the country on his trip to the region. Miana Kiai reiterated the points he made about elections in his 2013 report to the UN General Assembly - namely, that a healthy democracy is not only judged by the quality of its elections, but also by whether the State allows the rights to freedom of peaceful assembly and of association and how freely people are allowed to express dissent. "A democracy is not about elections," Kiai said. "In fact you judge a democracy by what happens between elections." The interview was filmed in September 2014, after a consultation in Kathmandu, Nepal, which hosted civil society activists from all over Asia, including Cambodia, Thailand, Nepal, Pakistan, Sri Lanka and... Continue reading →
GENEVA – A group of United Nations human rights experts* urged Malaysia to withdraw the Sedition Act of 1948, after receiving allegations of increasing criminalisation of criticism of the government or its officials. “The Sedition Act is reportedly used in a way that prevents Malaysians from expressing and debating, freely and openly, a diverse range of political opinions and ideas,” the experts said. The 1948 Act, which carries sentences of up to three years in jail and five for recidivists, outlaws vague offenses, such as expressing ‘any seditious words’ or act with ‘seditious tendency’ that incite hatred or disaffection of the government or the judiciary, promotes hostility between different races or classes, or question any right, privilege, sovereignty prerogative stated in some parts of the Constitution. Independent experts from the UN Human Rights Council have received reports of at least 23 recent cases of persons charged with sedition -including elected members of Parliament, politicians, human rights defenders, academics, lawyers, students and journalists- for publishing or disseminating information and ideas through the Internet or traditional media. It has been reported that the Sessions Court allowed an application by one of the persons charged with sedition to... Continue reading →
GENEVA – “Stability and reconciliation can hardly be achieved in Thailand if human rights guarantees are neglected,” a group of United Nations independent experts, including Maina Kiai, said today, while urging the current authorities to reverse all measures affecting basic rights and to restore democratic rule in the country. “In moments of political crisis and turbulence, it is crucial to promote the full respect of the rule of law,” the human rights experts stressed. “The various limitations to fundamental rights put in place since the military assumed control of the country and the Constitution was suspended are deeply disturbing,” they noted. “Reportedly numerous individuals remain arbitrarily detained, and unacceptable restrictions continue to be imposed on freedoms of expression, association and peaceful assembly.” Particular concern was expressed with regard to the chilling effects of the summoning by the military of more than 440 individuals, including political leaders, academics, journalists and activists to army bases. Many remain in detention without access to family or lawyer. Some are held incommunicado in unknown locations and may be at risk of torture or ill-treatment. “Public criticism of authorities and the freedom of the Thai media are negatively affected... Continue reading →
