This page summarizes cases raised with Brazil by the Special Rapporteur between May 1, 2011, (when the Special Rapporteur took up his functions) and February 28, 2017 (the date of the last public release of communications). Communications are released to the public once per year. This page also contains observations on these communications and on responses received from Brazil. Communications and observations are divided into sections based upon which observation report they originally appeared. Each communication is referenced as urgent appeal (UA), allegation letter (AL), joint urgent appeal (JUA) and joint allegation letter (JAL) – the hyperlinks lead to these documents. This is followed by the date the communication was issued, as well as the case number and the State reply (also hyperlinked if available). Summaries and communications are published only in the language of submission (in the case of Brazil, English). First Report (May 1, 2011 to March 15, 2012) None Second Report (March 16, 2012 to February 28, 2013) Joint allegation letter, 05/07/2012. Case no. BRA 7/2012. State Reply: 24/04/2013. Alleged killing of human rights defenders. Joint allegation letter, 19/07/2012. Case no. BRA 8/2012. State Reply: None to date. Allegations of acts of harassment, intimidation and... Continue reading →
Issue No. 24 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: • In final presentation to UN General Assembly, Special Rapporteur reflects on time in mandate; warns that situation for civil society remains ‘precarious’ • Corporate power undermining workers’ assembly and association rights, Kiai warns • Litigation project: Developments in cases in Kazakhstan, Brazil and USA • UN experts urge India to release prominent Kashmiri human rights defender • Democratic Republic of Congo: experts urge end to ‘unjustified’ ban on protests • Ethiopia: call for international investigation into systematic violence against protesters • Maina Kiai’s Foreword to the Civic Charter: the Framework for People’s Participation • Experts blast Kenya for excessive force against anti-corruption protesters • Mauritania: UN experts concerned about situation of jailed rights activists • Egypt NGO law: Special Rapporteur Kiai warns about growing restrictions on civil society • Iran: UN expert Shaheed calls for the immediate release of dual nationals • Assembly & association rights: By the numbers • Special Rapporteur news in... Continue reading →
(Português) NAIROBI - Special Rapporteur Maina Kiai has written to the Justice Tribunal of São Paulo in Brazil about the recent decision – and subsequent suspension pending appeal – in civil public action case No. 1016019-17.2014.8.26.0053, Public Defender of the State of São Paulo versus the State of São Paulo, which deals with police management of protests. A local Court decision issued last week had instructed Military Police to develop a police plan for action at demonstrations, a development which Kiai hailed. The decision was suspended by the President of the Court on Nov. 7, however, pending appeal. The President said the exceptional measure was necessary because maintaining the decision would “result in serious injuries to public order and security because it impedes regular police activities." Kiai, who is the Special Rapporteur on the rights to freedom of peaceful assembly and of association, said in his letter that he was disappointed to learn of the suspension, as he welcomed the initial decision’s approach and praised the decision for its focus on key details of assembly management. (The original decision can be found here in Portuguese) “While I have general reservations on the role to play by Military Police instead of civil authorities in the management of assemblies... Continue reading →
(English) NAIROBI - O Relator Especial Maina Kiai escreveu ao Tribunal de Justiça de São Paulo, no Brasil, sobre a recente decisão - e subsequente suspensão passível de recurso - na ação civil pública no 1016019-17.2014.8.26.0053, Defensoria Pública do Estado de São Paulo versus Estado de São Paulo – um caso envolvendo a gestão policial de protestos. Na semana passada, um tribunal de primeira instância instruiu a Polícia Militar a desenvolver um plano de ação policial em protestos, um resultado que Kiai saudou. A decisão foi suspensa pelo presidente da Corte no dia 7/11, em determinação ainda passível de recurso. O presidente disse que a medida excepcional foi necessária porque a manutenção da sentença anterior "ocasionará grave lesão à ordem e segurança públicas, pois cria embaraços à regular atividade policial". Kiai, que é Relator Especial sobre a liberdade de reunião e associação pacífica, afirmou em sua carta estar desapontado pela notícia da suspensão, já que havia saudado a linha da decisão anterior e elogiado a sentença por seu foco em detalhes centrais na gestão de manifestações. (A decisão original pode ser consultada aqui). “Mesmo que eu tenha reservas, de forma geral, com o papel desempenhado pela Polícia Militar ao invés de... Continue reading →
Issue No. 22 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: • USA visit: Inequality casts dark shadow over assembly and association rights • UN experts urge Turkey to adhere to its human rights obligations even in time of declared emergency • Bill threatens expressive freedom in Maldives, expert warns • Israel: UN experts caution against NGO law • Rights experts condemn killing of Cambodian political analyst Kem Ley • “End police impunity” – alarm over pattern of extrajudicial killings in Kenya • Bahrain urged to end ‘systematic’ persecution of Shia • Expert urges Thailand to ensure free debate ahead of constitutional referendum • China: stop ill-treatment of Guo Feixiong • Assembly & association rights: By the numbers • Special Rapporteur news in brief: July-August 2016 • World briefing: Assembly & association rights in the news For a link to the newsletter, click on the image at right or click here (3.4MB 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... 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 →
English GENEBRA – O projeto de lei antiterrorismo atualmente em discussão no Congresso brasileiro está redigido em termos demasiado amplos e poderia restringir indevidamente as liberdades fundamentais, alertou, hoje, um grupo de relatores especiais da ONU (*). “Estamos preocupados que a definição do crime estabelecida pelo projeto de lei pode resultar em ambiguidade e confusão na determinação do que o Estado considera como crime de terrorismo, potencialmente prejudicando o exercício dos direitos humanos e das liberdades fundamentais”, disseram os relatores. O projeto de lei no. 101/2015 visa definir os crimes de terrorismo no Brasil e dispõe ainda sobre procedimentos investigatórios e processuais. No dia 28 de outubro de 2015, o Senado brasileiro aprovou a proposta por 34 votos favoráveis e 18 contrários. O texto alterado deve voltar à Câmara dos Deputados. "Lamentamos que o atual projeto de lei excluiu um artigo anterior que estabelecia uma salvaguarda importante que garantia que a participação em manifestações políticas e em movimentos sociais não fosse considerada no âmbito dessa lei,” disseram os relatores. Os relatores especiais compartilharam suas preocupações com as autoridades brasileiras que, por sua vez, forneceram explicações adicionais sobre o... Continue reading →
Portugues GENEVA – Proposed anti-terrorism legislation currently being considered by Brazil’s Congress is too broadly drafted and may unduly restrict fundamental freedoms, warned today a group of UN Special Rapporteurs including Maina Kiai. “We fear that the definition of the crime established by the draft law may result in ambiguities and confusion as to what the State considers a terrorist offence, potentially undermining the exercise of human rights and fundamental freedoms,” the independent experts said. Law N° 101/2015 seeks to define crimes of terrorism in Brazil and provides for other investigative and procedural provisions. On 28 October 2015, the Brazilian Senate passed the legislation by 34 votes to 18. The amended text now returns to the lower house. “We regret that the current draft excluded a previous article establishing an important safeguard that would protect participation in political demonstrations and social movements from falling under the legislation’s scope,” the experts said. The Special Rapporteurs shared their concerns with the Brazilian authorities, who in turn provided further clarifications on the draft law. “States have a duty to protect civil society and the rights that are critical to its existence and development, such as the rights to... Continue reading →
• A day later, Nigeria flip-flops and says no protest ban for #BringBackOurGirls group (Al Jazeera). Earlier: Bring Back Our Girls demonstrations banned for “security reasons” in Abuja, Nigeria. Ban is “insane,” says protest group’s lawyer. (The Telegraph) • Using the ‘Hunger Games’ salute has taken hold as a form of protest in Thailand, after peaceful assemblies were banned. One anti-coup activists calls on people to raise “3 fingers, 3 times a day” to call for political rights (Washington Post). A military spokesman expressed concern: “If it is an obvious form of resistance, then we have to control it so it doesn’t cause any disorder in the country.” (News.com.au) • Amnesty International has released a new report on Russia “onslaught on protest.” Earlier: Human Rights Watch on the effect of Russia’s “foreign agents” law on NGOs. • Also on Russia: Manifesta – the “roving European biennial of contemporary art” – will be held in St. Petersburg this year. Its curator, Kasper König, reflects on the situation in the country: “The ink on my contract was still wet when that appalling anti-gay law was passed. It became clear to me that I was working in a country where there is no civil society.” (DW.de) • Activists launch giant balloons to protest... Continue reading →
• 1,000 troops seal off one of Bangkok’s busiest intersections to prevent a protest, as deputy national police chief says protests will no longer be allowed. “We have to keep the law sacred,” he says. (ABC News) • Cambodian court convicts 25 for "acts of violence" during garment strikes - then frees them (Reuters). Related: Jeans maker Levi-Strauss reduces sourcing from Cambodia to "minimize supply-chain risk." (just-style.com) • The Economist predicts Brazil protests unlikely to disrupt the World Cup, but an early exit for the national team could spur unrest. “Social movements are quietly cheering for Brazil to lose,” remarks one activist, “even to arch-rival Argentina.” • War widows from Libera’s 14 years of conflict protest for benefits. (ABC News) • Earlier this week: Oxfam’s former head of counter-fraud jailed for stealing from charity. Pled guilty in March to making £64,612.58 in payments to fictitious firms. (Civilsociety.co.uk) • Human Rights Watch’s Phil Robertson: US diplomats should speak up on Malaysia human rights abuses (The Malaysian Insider). Also from HRW: Kyrgyzstan should reject trio of repressive legislative proposals: A “foreign agents” law for NGOs accepting foreign money, a bill criminalizing “homosexual propaganda,” and new... Continue reading →
