GENEVA – A group of United Nations Special Rapporteurs today urged the Government of Kenya to reject legislation that would impose severe restrictions on civil society. “The Bill is an evidence of a growing trend in Africa and elsewhere, whereby governments are trying to exert more control over independent groups using so-called ‘NGO laws,’” the human rights experts warned. The Bill, which was presented to Parliament on 30 October, would amend Kenya’s Public Benefit Organization Act of 2012 and grant the Government sweeping and potentially arbitrary powers to deny registration for such organizations, including NGOs. It would also cap foreign funding at 15% of their total budgets and channel all their funding through a government body, rather than going directly to beneficiary organizations. “The amendments to the regulations of associations contained in the draft law could have profound consequences for civil society organizations in Kenya, including for those involved in human rights work, and could deter individuals from expressing dissenting views,” the UN Special Rapporteur on the situation of human rights defenders, Margaret Sekaggya, stressed. The expert called on the Kenyan authorities to immediately suspend the legislative process of the Bill, and to re-evaluate it in line... Continue reading →
A group of United Nations independent human rights experts today urged the Egyptian Shura Council not to adopt a draft law on civil society organisations, which, in its current form, does not comply with international human rights norms and standards relating to freedom of association. “It is highly regrettable that a government that was formed as a response to peaceful social activism can place such restrictions on people’s right to freedom of association,” said the UN Special Rapporteurs on freedom of peaceful assembly and of association, on human rights defenders, and on freedom of opinion and expression. “All actors should play a role in the conduct of public affairs.” The human rights experts regretted that valuable recommendations put forward by Egyptian civil society actors were not taken into account in the drafting of the text. “We are seriously concerned that numerous provisions contained in the draft law may be used to hamper the legitimate work of civil society organisations, particularly those advocating human rights,” they noted. The experts welcomed the Egyptian authorities’ initiative to revise law 84/2002 due to its lack of compliance with international standards; however, they warned that “the draft legislation currently being considered by the Shura Council has a... Continue reading →
A group of United Nations independent experts on freedoms of association, expression, and religion and on the situation of human rights defenders today warned that the Bill on Mass Organizations -due for vote later this week in Indonesia- threatens with undue restrictions the rights to freedom of association, expression, and religion. They urged Members of Parliament to amend the Bill to bring it in line with international human rights norms and standards. “The State must ensure that any restriction on the rights to freedom of association, expression, and religion is necessary in a democratic society, proportionate to the aim pursued, and does not harm the principles of pluralism, tolerance and broadmindedness,” stressed the UN Special Rapporteur on the rights to freedom of peaceful assembly and of association, Maina Kiai. The expert noted that this legislative initiative runs contrary to the remarkable progress towards democratization Indonesia has made since the past decade, which has paved the way for a flourishing civil society. The Bill on Mass Organizations imposes the requirement on the founding of associations not to be in contradiction with Pancasila - the official State philosophy in Indonesia that consecrates the belief ‘in the One and Only God’. It also stipulates that organizations... Continue reading →
Maina Kiai and two other United Nations experts have urged the State Duma not to adopt legislative amendments that can adversely impact civil society in Russia. The Special Rapporteurs on freedom of association, human rights defenders and freedom of expression warned that the draft law, if approved, would brand as ‘foreign agents’ all foreign-funded non-commercial organizations (NCOs) engaging in political activities, and impose harsh penalties for non-compliance with the new requirements. “These amendments constitute a direct affront to those wishing to freely exercise their right to freedom of association,” stressed the UN Special Rapporteur on the rights to freedom of peaceful assembly and of association, Maina Kiai. According to the draft legislation to regulate NCOs’ activities, which is currently being discussed in the State Duma, NCOs wishing to engage in ‘political activities’ will have to register as organizations ‘performing the functions of foreign agents’ before receiving foreign funding. The term ‘foreign agent’ has been considered as carrying a negative connotation in Russia, and could be interpreted as a synonym for ‘foreign espionage.’ Moreover, the draft law stipulates that any material published by such organizations will have to be labelled as being... Continue reading →
The United Nations Special Rapporteur on the rights to freedom of peaceful assembly and of association, Mr. Maina Kiai, warned that the current public draft of the Law on Associations and Non-Governmental Organizations in Cambodia - if adopted - risks breaching the International Covenant on Civil and Political Rights. “The current draft NGO Law contains a set of problematic provisions, raising concerns over a potential negative impact on Cambodian citizens’ democratic participation in furthering the development of their country,” warned the UN rights expert. Welcoming a recent statement by the Ambassador of Cambodia to the UN Human Rights Council promising “further consultations,” he called on the authorities to review the draft law in open and meaningful discussions with associations and NGOs. Mr. Kiai stressed that the draft law makes registration of associations and NGOs mandatory, not voluntary, and prohibits any activity by unregistered groups. “This constitutes a clear infringement of the right to freedom of association. Having a recognized legal status may confer rights and benefits to organizations such as the ability to open bank accounts, but legal status is not necessary for the enjoyment of the right to freedom of association.” “The draft law excludes refugees, stateless... Continue reading →
