This page summarizes cases raised with India 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 India. 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 India, English). First Report (May 1, 2011 to March 15, 2012) Joint urgent appeal, 29/7/2011. Case no. IND 14/2011. State Reply: 03/08/2011. Alleged acts of violence and intimidation in the context of forced evictions. Joint urgent appeal, 5/8/2011. Case no. IND 16/2011. State Reply: 08/08/2011. Detention and allegations of acts of intimidation against residents of the villages located on... 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 →
GENEVA – A group of United Nations experts today called on the Government of India to immediately release human rights defender Khurram Parvez, arrested last month for alleged activities against public order. Mr. Parvez is the coordinator of the Jammu Kashmir Coalition of Civil Society (JKCSS), and the chairperson of the Asian Federation Against Involuntary Disappearances (AFAD). “Mr. Parvez is a well-known and outspoken human rights defender who has had a longstanding and positive engagement with the UN human rights mechanisms,” the experts said. “His continued detention following his arrest just a few days before his participation in the UN Human Rights Council, suggests a deliberate attempt to obstruct his legitimate human rights activism.” On 14 September, Mr. Parvez was on his way to Geneva to attend the 33rd session of the UN Human Rights Council when he was prevented from traveling out of India by airport authorities in Delhi. He was then detained on 16 September under sections 107 and 151 of the Criminal Procedure Code, released on 20 September, yet detained again the same day. He remains today in preventive detention, under the highly controversial Jammu and Kashmir Public Safety Act. The UN experts conveyed their concerns to the Government of India, but the official information... Continue reading →
Issue No. 21 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: • Kiai tells Human Rights Council that fundamentalist intolerance is degrading assembly & association rights • Kenya: UNSR tells court that 2015 protest ban violated assembly rights • Contribute to the UNSR’s next report: FoAA rights in the context of labor • Human rights must gain new momentum at World Humanitarian Summit • Problem of closing civic space creeps into UN NGO Committee • Rapporteurs urge India to repeal law restricting NGO’s access to foreign funding • UN expert deplores harsh sentencing of Tajikistan opposition leaders and warns of radicalization • Egypt: Worsening crackdown on protests • UN human rights experts urge Cambodia to stop attacks against civil society • Iran: Denial of adequate medical treatment to political prisoners unacceptable • ‘A travesty of justice’ – UN experts condemn conviction of prominent Iran activist • China: Newly adopted Foreign NGO Law should be repealed, UN experts urge • Somalia: Experts alarmed over growing persecution against trade unionists • Kazakhstan clampdown on land reform... Continue reading →
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 →
Commentary by Maina Kiai, UN Special Rapporteur on the rights to freedom of peaceful assembly and of association It’s been well documented in recent years that space for ordinary people to exercise their fundamental freedoms – and to participate in their own governance – is closing at a rapid and disturbing pace worldwide. A 2015 study, for example, showed that the core freedoms of expression, association and peaceful assembly were violated to a significant degree in at least 96 countries during 2014. And that is only one of many indicators. What’s less discussed is that space to exercise fundamental freedoms is closing at the international level as well. And ground zero, shamefully, is the very place where these rights should be thriving: The United Nations, one of whose pillars, ironically, is human rights. The United Nations human rights bodies and mechanisms, including the Human Rights Council, are key spaces for NGOs to exercise their rights to freedom of expression, association and peaceful assembly that are so frequently denied back home. But the same governments that are restricting NGOs domestically are stepping up efforts to take away NGOs’ voices on the international stage as well. They are doing this by hijacking, and subsequently closing, the main door used by civil society... Continue reading →
Issue No. 20 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: • Closing space for civil society in the United Kingdom, Special Rapporteur warns after official visit • India: Special Rapporteur says restrictions on foreign funding contrary to international law • Honduras: UN experts renew call to end impunity for murder of activists • UN experts urge Mexico to counter smear campaign and support human rights defenders • Egypt: end ongoing crackdown on human rights defenders and organizations • What is permissible when countering terrorism? UN experts welcome new African guidelines • Freedom of association and assembly: By the numbers • Special Rapporteur news in brief: March-April 2016 • 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 (1.9MB file) or here (13.6MB full resolution 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 below: The Assembly and Association Briefing, Vol. 2, No. 8 (Issue 17)... 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 →
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 →
• Indian police use water cannon to end gang-rape protest in Lucknow. (The Guardian) • As King Juan Carlos abdicates, anti-monarchy demonstrators take to the streets in Spain to demand a referendum on abolishing the monarchy. (RT.com) • Bring Back Our Girls demonstrations banned for “security reasons” in Abuja, Nigeria. Ban is “insane,” says protest group’s lawyer. (The Telegraph) • 13 demonstrators arrested in protest against Albuquerque, New Mexico, USA, police (four days autopsy report revealed police had shot a homeless man in the back in March). “All we asked is to talk to the mayor,” said one protester, just before being handcuffed. (Albuquerque Journal) • British Colombia (Canada) students plan walkout to protests labor dispute between teachers and government. “We’re not taking sides,” says Grade 12 student leader. (Globe and Mail) • EU Neighborhood survey finds most of Europe’s neighbors don’t know what the term “civil society” means – but still think it can make a difference. (EU Neighborhood Info Centre) • Hungarian government raids three NGOs with ties to Norway. (Reuters) • And over the weekend, big clashes in Turkey over the one-year anniversary of the Gezi Park protests (Haaretz). Even a CNN reporter got roughed up a bit:... Continue reading →
