GENEVA – United Nations human rights experts, including Maina Kiai, today condemned the growing tendency to prosecute prominent human rights defenders in Azerbaijan, and urged the Government “to show leadership and reverse the trend of repression, criminalization and prosecution of human rights work in the country.” “We are appalled by the increasing incidents of surveillance, interrogation, arrest, sentencing on the basis of trumped-up charges, assets-freezing and ban on travel of the activists in Azerbaijan,” they said. “The criminalization of rights activists must stop. Those who were unjustifiably detained for defending rights should be immediately freed.” The experts highlighted the specific cases of Leyla Yunus, director of the Azerbaijani Institute of Peace and Democracy; Arif Yunus, head of Conflict Studies in the Institute of Peace and Democracy; Rasul Jafarov, coordinator of Art of Democracy and head of Human Rights Club; and Intigam Aliyev, chair of Legal Education Society. “We are alarmed at the wave of politically-motivated repression of activists in reprisal for their legitimate work in documenting and reporting human rights violations,” they noted, reiterating their grave concerns about the deteriorating situation in the country for the third time in less than a... Continue reading →
GENEVA – A group of United Nations independent experts expressed serious concern over the Turkish Government’s measures, taken in the context of forthcoming elections, to prevent access to YouTube a week after Twitter was shut down. “The right to freedom of opinion and expression is a central pillar of modern democratic societies”, the Special Rapporteur on the right to freedom of opinion and expression, Frank La Rue, said. “Blocking access to YouTube and Twitter entirely unduly restricts this fundamental right. This is all the more surprising following the recent temporary court injunction against the blocking of Twitter”, he added. “Concerns about national security can be legitimate, but limitations to the freedom to seek, receive and impart information must conform to the strict test of necessity and proportionality to the aim pursued”, Mr. La Rue said. “International standards are clear: the free communication of information and ideas about public and political issues among people, candidates and elected representatives is essential,” he noted. “This requires a free press and other media to facilitate debate on public issues without censorship or restraint, in particular in the context of elections. The public also has a corresponding right to access information... Continue reading →
GENEVA – Representatives of the largest body of independent experts in the United Nations human rights system today called for an immediate end to renewed clashes in Kiev and other parts of Ukraine that have seen numerous deadly casualties and scores of injuries among the protestors and the security forces. “We are horrified by what has been happening in Kiev,” said Chaloka Beyani, who currently heads the Coordination Committee of international experts appointed by the UN Human Rights Council. “We strongly condemn the excessive use of force by the security forces against the protestors. We urge restraint and an urgent, independent and thorough investigation into the forces’ action.” “We further urge the authorities to shed full light on the several cases of enforced disappearances of protestors since late November 2013,” Mr. Beyani pointed out. “Similarly, we condemn the alleged repeated targeting by the security forces of media personnel who report on the protests, and urge the forces to respect and facilitate their work.” The group of international human rights experts stressed that those responsible for ordering and perpetrating arbitrary killings, enforced disappearances, acts of torture and other human rights violations are accountable for their actions under national and... Continue reading →
An op-ed by Maina Kiai has been featured in the Guardian. The piece concerns the United Kingdom's proposed "Transparency in Lobbying, Non-Party Campaigning, and Trade Union Administration Bill" - legislation that would impose harsh restrictions on civil society advocacy during the year prior to an election. The most concerning part of the legislation would broaden the definition of what constitutes "election campaigning" to include any activity that affects the outcome of an election, even if unintentionally. The law would then regulate that activity as election campaigning and impose severe limits on spending. The concern, many charities say, is that their normal advocacy activities would be labeled "election campaigning" subject to campaign laws, virtually shutting them down during election periods. Although the legislation is being sold as a way to level the electoral playing field, Kiai argues that the bill actually does little more than shrink the space for citizens – particularly those engaged in civil society groups – to express their collective will. Meanwhile, restrictions on in-house corporate lobbyists would be weak, leaving civil society groups to bear the brunt of the law's impact. While it is understandable that the UK might wish to establish restrictions on the influence... Continue reading →
A piece by Maina Kiai has been featured today in the Guardian's Poverty Matters blog. As he prepares to present his latest report -- which is on the freedoms of peaceful assembly and of association in the context of elections -- to the UN General Assembly in New York, Kiai argues that the international community should stop endorsing flawed elections that amount to "civilian coups." He calls upon UN member states to improve their efforts to facilitate and protect assembly and association rights during all phases of elections. Click here for a link to the... Continue reading →
Maina Kiai and two other UN Independent Experts welcomed today the recent decision of the European Court of Human Rights that signaled clearly that associations which convey radical extreme-right messages have no place in democratic societies. On 9 July 2013, the European Court of Human Rights found in Vona vs. Hungary that expressions of racial division calling for race-based actions with intimidating effects on members of racial minorities exceed the scope of protection under the European Convention on Human Rights. “We praise the decision of the European Court of Human Rights as it represents a much needed call for action for the defence of the rights and dignity of persons belonging to minorities, Roma people in the present case,” said the UN Independent Expert on minority issues, Ms. Rita Izsák. “The Court’s decision is clear: as article 20 of the International Covenant on Civil and Political Rights provides that any statements that incite or advocate racial hatred are prohibited and should attract judicial censure,” added the Special Rapporteur on contemporary forms of racism, Mr. Mutuma Ruteere. In this connection, the Special Rapporteur on the rights to freedom of peaceful assembly, Mr. Maina Kiai, reminded that in general the right to freedom of association should be enjoyed... 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 →
United Nations Special Rapporteur Maina Kiai urged today the British Government to review a number of legal and policing measures affecting the rights to freedom of peaceful assembly and of association in England and Wales, Northern Ireland and Scotland. “No matter how old a democracy, there is always space for continued improvements,” said the first independent expert charged by the UN Human Rights Council to monitor and promote the realization of the rights to freedom of peaceful assembly and of association worldwide, at the end of his official mission* to the United Kingdom. England and Wales (peaceful assembly) “I am deeply concerned with the use of embedded undercover police officers in groups that are non-violent and which exercise their democratic rights to protest and take peaceful direct action,” the Special Rapporteur noted, recalling the case of Mark Kennedy and other undercover officers. “The duration of this infiltration, and the resultant trauma and suspicion it has caused, are unacceptable in a democracy.” Mr. Kiai called for a judge-led public enquiry into this and other related cases, “with a view to giving voice to victims, especially women, who were deliberately deceived by their own government, and paving the way for reparations.” “These cases are as damaging... Continue reading →
Maina Kiai undertook an official mission to the United Kingdom of United Kingdom of Great Britain and Northern Ireland from Jan. 14-23, 2013. During his ten-day visit to the UK, the expert went to London, Belfast and Edinburgh where he met senior officials, representatives of the legislature, human rights commissions and other independent monitoring institutions, and civil society. The visit was carried out pursuant to his mandate to assess the situation of freedoms of peaceful assembly and association in the country. In his report, the Special Rapporteur details positive measures by the authorities, but also documents a number of areas for concern in relation to freedom of peaceful assembly in England and Wales, Northern Ireland and Scotland. Kiai also details his concerns in relation to counter-terrorism measures and restrictions on trade unionism. “No matter how old a democracy, there is always space for continued improvements,” Kiai said at the conclusion of his visit. The Special Rapporteur's report was presented to the Human Rights Council at its 23rd session in June 2013, and is available in all six official UN... Continue reading →
United Nations Special Rapporteur Maina Kiai will visit the United Kingdom from 14 to 23 January 2013, in what will be the first information-gathering mission to the country by an independent expert charged by the UN Human Rights Council to monitor and promote the realization of the rights to freedom of peaceful assembly and of association worldwide. “The United Kingdom has voiced its commitment to human rights on repeated occasions, and this mission will give me an opportunity to assess in-depth to what extend the rights to freedom of peaceful assembly and of association are enjoyed in the country,” Mr. Kiai said. The Special Rapporteur, who visits the country at the invitation of the Government, is scheduled to travel to London, Belfast and Edinburgh, where he will meet with officials, representatives of the judiciary, legislature, various human rights commissions, and civil society. The UN Human Rights Council recognized the rights to freedom of peaceful assembly and of association 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. Mr. Kiai will share his preliminary findings and recommendations at a press conference to be held on Wednesday 23 January, at the premises of the UN... Continue reading →
