VIENNA - Special Rapporteur Maina Kiai has called upon the Financial Action Task Force (FATF) - an intergovernmental body that sets standards to combat money laundering and terrorist financing - to improve its cooperation with civil society, and to consider the sector's significant contributions in the fight against terrorism. He also commended the body for its decision to review its interpretation of Recommendation 8, a controversial measure that requires FATF member States to ensure that their laws sufficiently prevent non-profit organisations from financing of terrorism. The Recommendation has drawn sharp criticism in recent years, with many civil society organizations - and Kiai himself - reporting that oppressive governments have used it as an excuse to crack down on dissent. Kiai, who is the Special Rapporteur on the rights to freedom of peaceful assembly and of association, made the comments via a written submission to FATF's "Consultation and Dialogue Meeting with Non-Profit Organizations," held on April 18 in Vienna, Austria. The delegates will examine the impact of Recommendation 8 on civil society, among other things. The Special Rapporteur further called upon FATF "to leverage its leadership position to positively influence governments’ approach to counter-terrorism mechanisms away... 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 →
The Special Rapporteur's factsheet summarizing the legal issues and challenges surrounding civil society's ability to access resource, presented in an easy-to use "yes/no" format, with hyperlinks to source materials. This factsheet draws heavily from the Special Rapporteur's 2013 report to the UN Human Rights Council and features guidance on: • The recognition of the importance of the ability to access resources in international law • The effect of registration on an association's ability to access resources • Permissible and impermissible restrictions on the ability to access resources - with an analysis of some common justifications for restrictions • The importance of the ability to access resources • And more The factsheet also summarizes the report's recommendations and provides links to selected international legal instruments dealing with the subject of civil society's ability to access resources. For the Special Rapporteur's full factsheet series, please see:... Continue reading →
In an effort to strengthen global understanding of civil society’s right to access resources, UN Special Rapporteur Maina Kiai and the Community of Democracies have issued a set of “general principles” summarizing key aspects of the right, along with their legal bases. The document summarizes three general principles under international human rights norms and standards regarding the ability of civil society to seek, receive and use resources. It also provides arguments and legal backing to support specific aspects of each principle, with hyperlinks to source documents where relevant. The principles are extracted from the Special Rapporteur’s 2013 report to the Human Rights Council, which focused on associations’ ability to seek, receive and utilize resources. The report is available here in all six UN languages. General Principle 1 states that the ability to seek, receive and use resources is inherent to the right to freedom of association – not a separate right – because it is essential to the existence and effective operations of any association. General Principle 2 underlines that states must allow associations to seek, receive and use foreign funding as a part of their obligation under international human rights law to mobilize resources available within the society as a whole... Continue reading →
In an effort to strengthen global understanding of civil society’s right to access resources, UN Special Rapporteur Maina Kiai and the Community of Democracies have issued a set of “general principles” summarizing key aspects of the right, along with their legal bases. The document summarizes three general principles under international human rights norms and standards regarding the ability of civil society to seek, receive and use resources. It also provides arguments and legal backing to support specific aspects of each principle, with hyperlinks to source documents where relevant. The principles are extracted from the Special Rapporteur’s 2013 report to the Human Rights Council, which focused on associations’ ability to seek, receive and utilize resources. The report is available here in all six UN languages. General Principle 1 states that the ability to seek, receive and use resources is inherent to the right to freedom of association – not a separate right – because it is essential to the existence and effective operations of any association. General Principle 2 underlines that states must allow associations to seek, receive and use foreign funding as a part of their obligation under international human rights law to mobilize resources available within the society as a whole and from... Continue reading →
(WARSAW, Poland) – Political will is a major obstacle in ensuring civil society’s access to resources in many OSCE countries, according to participants in a May 7 regional dialogue organized in Warsaw by the Community of Democracies and the team of UN Special Rapporteur Maina Kiai. “It’s not a question of convincing through enough human rights laws or standards,” said one participant. Sometimes “they can’t be convinced.” The dialogue was the first event in a new two-year project focused on enhancing space for civil society and strengthening the right to access financial resources. The project was launched in February, and is being funded by the Swedish Ministry of Foreign Affairs. The May 7 Warsaw event looked at international human rights norms, standards and mechanisms to promote the right to freedom of association – and possible ways to strengthen these tools. More than 20 members of civil society from throughout the OSCE region participated. The focus on political will was central to the discussions, with one participant saying that talking about human rights norms to the government in his country was like “talking to the wall.” As a result, the road to ensuring civil society’s access to resources will require creative schemes and new ways of thinking, participants said –... Continue reading →
The ability to seek, receive and utilize resources is an inherent part of the right to freedom of association. This shouldn’t be a controversial statement. By definition, organizations need resources – financial, human and material – to operate. Without money, staff and equipment, an association is reduced to an empty shell – a vehicle stripped of its engine, fuel and driver. Unfortunately, civil society’s ability to access resources is far from secure in today’s world. Restrictions on funding have in recent years become a major threat to associations in a range of countries across all regions of the world, as UN Special Rapporteur Maina Kiai has repeatedly pointed out. There is clearly a trend toward strangling civil society with the financial noose, and the trend is growing. There is an urgent need to further strengthen associations’ ability to access resources, and to protect it. In this spirit, the Special Rapporteur recently partnered with the Community of Democracies to launch a project dedicated to enhancing space for civil society, with a particular focus on the ability to access financial resources. More on the project – which is funded by the Swedish Ministry of Foreign Affairs— is available here. The centerpiece of the project will be a series of five regional dialogues led... Continue reading →
STOCKHOLM – The Community of Democracies has launched a new two-year project in conjunction with the UN Special Rapporteur on the rights to freedom of peaceful association and of assembly aimed at enhancing space for civil society, focusing on the right to access financial resources. The project, “Protecting Civic Space and the Right to Access Resources”, was officially launched in Stockholm, Sweden, on Feb. 24, 2014. The project is funded by the Swedish Ministry of Foreign Affairs. The centerpiece of the project is a series of regional dialogues led by UN Special Rapporteur Maina Kiai and members of his team, to be conducted with the participation of local and regional civil society groups. Separate consultations will also take place with the governments of or more countries in each region. Regional dialogues will take place in Eastern Europe, Asia, Africa, the MENA region and Latin America throughout 2014-15. The first dialogue is tentatively scheduled for later this year. “Across the world, governments are moving rapidly to squeeze civil society out of its rightful place in the public sphere,” Kiai said. “Many of them see civil society as a competitor, challenging their authority. And they are attacking from all angles, including trying to cut off their ability to seek, receive and... Continue reading →
Restrictions on funding have become a major existential threat to associations across the world, as governments increasingly use the financial noose as a way to silence peaceful dissent. Under international law, freedom of association encompasses not only the right to form and join an associations but also to seek, receive and use resources – human, material and financial – from domestic, foreign, and international sources. Sadly, the number of barriers to seeking such resources are increasing. This April 2013 report from UN Special Rapporteur Maina Kiai documents many examples: In Ethiopia, for instance, a law introduced in 2009 prohibits human rights associations from receiving more than 10 per cent of their overall resources from foreign sources. In Russia, a July 2012 law requires foreign-funded organizations engaging in “political activities” as so-called "foreign agents." States are obliged to facilitate, not restrict, access to funding so that associations can effectively take part in democratic and developmental processes, just like businesses and governments. This report also addresses obstacles to peaceful assembly and provides an overview of the Special Rapporteur's activities between May 1, 2012, and February 28, 2013. The report's document number is A/HRC/23/39. Update May 2014: In... Continue reading →
