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 →
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 →
United Nations Special Rapporteur Maina Kiai has released a concise, easy-to-use fact sheet on the right to freedom of association, which summarizes key principles in international law and best practices for promotion of the right. A companion fact sheet for the right to freedom of peaceful assembly was released earlier this month. Both fact sheets, which each fit on a single page front and back, draw heavily from the Special Rapporteur’s 2012 report on best practices to promote and protect the rights to freedom of peaceful assembly and of association. They are presented in an accessible Q&A format, with each question hitting on major assembly and association rights themes. The fact sheets also provide references to core international standards on the right to freedom of peaceful assembly, with links. The fact sheet is currently available in the following languages: English • Azərbaycan • 漢語 • 中文 • বাংলা • ру́сский • Кыргыз • Türkmen dilinde • Ўзбек • Қазақ • Тоҷикӣ * all non-English versions are unofficial; translations not verified by the UNSR If you or your organization are interested in translating the fact sheet into another language, please contact us at info@freeassembly.net See also: The Right to Freedom of... Continue reading →
United Nations Special Rapporteur Maina Kiai has released a concise, easy-to-use fact sheet on the right to freedom of peaceful assembly, which summarizes key principles in international law and best practices for promotion of the right. (Nov. 21, 2014 update: Click here for the companion fact sheet on the right to freedom of association) The fact sheet, which fits on a single page front and back, draws heavily from the Special Rapporteur's 2012 report on best practices to promote and protect the rights to freedom of peaceful assembly and of association. It is presented in an accessible Q&A format, with each question hitting on major assembly rights themes. The fact sheet also provides references to core international standards on the right to freedom of peaceful assembly, with links. "The protection of rights starts with people knowing their rights," Kiai said. "I hope that this fact sheet is useful and I encourage people to share it widely." If you or your organization are interested in translating the fact sheet into another language, please contact us at info@freeassembly.net The document is currently available in the following languages: English • Հայերեն • 漢語 • 中文 • বাংলা • ру́сский * all non-English versions are unofficial; translations not... Continue reading →
