Issue No. 8 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: • Special Rapporteur tells UN General Assembly that rights to peaceful assembly and association must also be protected at multilateral level • Kiai to OSCE states: restrictions on assembly and association rights contribute to rise of extremism • Malaysia Sedition Act threatens freedoms • Experts: Coordinated, multipronged approach needed to inject international standards into domestic and regional courts • UN experts urge Ethiopia to stop using anti-terrorism legislation to curb human rights • Freedom of association and assembly: By the numbers • Special rapporteur news in brief: September-October 2014 • 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 (7.3MB 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. 1, Issue 5 (June 2014) The Assembly and Association Briefing, Vol. 1, Issue 6... Continue reading →
NEW YORK – In today’s globalized world, the meaning and practice of democracy stretches beyond national boundaries, United Nations human rights expert Maina Kiai has said today during the presentation of his report to the UN General Assembly on the exercise of the rights of freedom of peaceful assembly and of association at the multilateral level. “Decisions of multilateral institutions -which represent Governments- have a profound impact on the lives of ordinary people across the globe,” the Special Rapporteur on the rights to freedom of peaceful assembly and of association said. “But are these people consulted and given a chance to contribute to issues affecting them? Often, the answer is no.” In his report, Mr. Kiai notes that global governance is increasingly becoming fragmented and diffused among a broad range of multilateral bodies, including the more well-known ones such as the UN and its specialized agencies, and others less well-known or understood, some of which are opaque in their operations. Actions by multilateral institutions themselves “Multilateral entities have positive responsibilities to actively protect peaceful assemblies and to establish and maintain an enabling environment for civil society,” the independent expert stressed. However, his report notes that... Continue reading →
NEW YORK – United Nations Special Rapporteur Maina Kiai will appear before the 69th Session of the UN General Assembly on October 28 to present his latest report, which focuses on the rights to freedom of peaceful assembly and of association at the multilateral level. Kiai, who is the UN Special Rapporteur on the rights to freedom of peaceful assembly and of association, is scheduled to present at the General Assembly’s 69th Session session on October 28, which begins at 10 a.m. local (EST) time. The session will be broadcast live on http://webtv.un.org/. Kiai’s thematic report examines how the rights to freedom of peacefully assembly and of association are exercised, promoted and limited in the context of multilateral organizations. The report asserts that these rights are equally fundamental and protected at the national and international levels, but that they are not always upheld at the multilateral level. “Multilateral organizations have a profound impact on the lives of ordinary people across the globe,” the Special Rapporteur said. “They institute development projects, spur economic and political reform, help shape international law, and more. Yet much of this occurs without the substantive and effective input of ordinary people.” Kiai said that assembly and association... Continue reading →
In Special Rapporteur Maina Kiai's previous reports, he has focused on States’ obligations to ensure the free exercise of the rights to peacefully assemble and to associate at the national level. In this report, the Special Rapporteur examines the exercise of these rights at the international level – specifically in the context of multilateral institutions. Increasingly, global governance is becoming fragmented and diffused among a broad range of multilateral entities, ranging from well-known bodies such as the United Nations and World Bank to lesser-known ones. The decisions of these institutions can have a profound impact on the lives of ordinary people across the globe as these institutions institute development projects, spur economic and political reform, help shape international law, and more. Yet much of this impact upon ordinary people occurs without ordinary people’s input. The rights to freedom of peaceful assembly and of association are equally fundamental and protected at the national and multilateral levels. Yet civil society is far too often excluded from international debates; multilateral institutions commonly view peaceful assemblies during global summits or when implementing a project as posing a security threat; the operations of many multilaterals lack transparency; and... Continue reading →
Global governance has long been the domain of States – whether at the United Nations or other lesser-known multilateral bodies. These organs are typically formed by States, run by States and controlled by States. In recent years, however, civil society has gained increasing recognition as a legitimate actor in the global government process. And this is as it should be, since civil society is one of the primary means for ordinary citizens to organize and peacefully raise concerns with governments and effect change. But just how inclusive are multilateral organizations when it comes to giving civil society a seat at the table? How do multilaterals’ actions and inactions – whether financial, structural, or programmatic – affect the rights to freedom of peaceful assembly and of association? This will be the subject of Maina Kiai’s next report to the UN General Assembly in October 2014. Kiai’s report will explore whether States create spaces to interact with civil society at the multilateral level and whether in implementing programs through multilateral institutions they enable or hinder civil society’s voice and involvement. While not all negative practices, strictly speaking, violate the rights to freedom of association and of assembly, identifying restrictive practices and policies... Continue reading →
United Nations Special Rapporteur Maina Kiai told the UN General Assembly yesterday that vibrant freedoms of assembly and association are absolute prerequisites to “genuine elections” that reflect the will of the people. The remarks came yesterday in New York, where Kiai presented his first report to the General Assembly in his capacity as the Special Rapporteur on the freedoms of assembly and of association. The report documents worldwide threats to the freedoms of assembly and of association in the context of elections – before, during and after the vote. “Electoral periods are a key period in the life of any nation,” Kiai told the UN body. “But simply holding an election is not enough: the quality of the process has a significant impact on the legitimacy of the outcome.” Kiai said that international election monitoring efforts tend to focus solely upon what happens during the vote, and do not always take into account the entire human rights landscape. A press release is available here. Video of the event is available here via the UN. Kiai's portion starts at approximately 1h 24m... 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 →
United Nations Special Rapporteur Maina Kiai will appear before the UN General Assembly on Oct. 29 to present a key report on worldwide threats to freedom of assembly and associations during election periods. Kiai’s presentation will begin at 3 p.m. (US Eastern Standard Time), and will be broadcast live on the UN website, webtv.un.org. The report documents a growing crackdown on assembly and association rights during election periods, and contends that such measures threaten to “indelibly stain” the legitimacy of democracy in some countries. It concludes that genuine elections cannot be achieved if the rights to freedom of peaceful assembly and of association are curtailed. “Election periods are a time for people to express the collective will and confer legitimacy on governments,” said Kiai, who is the UN Special Rapporteur on the freedoms of peaceful assembly and of association. “But if people are not allowed space to express that will, it undermines the legitimacy of the process. And that calls into question the legitimacy of the government itself.” The report calls upon UN member states to improve efforts to facilitate and protect assembly and association rights during election periods, and to be particularly vigilant in relation to the needs of groups which are at greater risk... Continue reading →
United Nations Special Rapporteur Maina Kiai is scheduled to speak at two public events in Canada this week, ahead of his presentation to the UN General Assembly in New York on Oct. 29. The first lecture – “Civil Society: Democracy, Dissent and the Law” – will take place on Oct. 23 at McGill University. The event is part of the university’s Macnaughton Lectures series, and will be hosted by the McGill Center for Human Rights and Legal Pluralism. The lecture is free and open to the public, and will be held at Chancellor Day Hall, Maxwell Cohen Moot Court (NCDH 100), 3644 rue Peel, Montreal. It is scheduled to take place from 5:30 p.m. to 7 p.m. For more information on the Montreal event, please see here. http://www.youtube.com/watch?v=g3TrjwEtIFM The second lecture – “The Right to Protest: A Worldwide Perspective” – will be held at 5 p.m. on Oct. 24 at the University of Ottawa. It is being presented by the Centre for International Policy Studies (CIPS), the Canadian Council for International Co-operation (CCIC), and Amnesty International Canada. The lecture is free and open to the public, and will be held at the Social Sciences Building, 120 University Street, room 4004. For more information on the Ottawa event, please see... Continue reading →
UN Special Rapporteur Maina Kiai told a UN panel on civil society yesterday that governments must give as much attention to human rights and civil society issues as they do “issues of trade, security, and other strategic interests.” The remarks, which came at a high-level event on the the sidelines of the UN General Assembly in New York, were part of a speech titled “Sounding the Alarm: emerging threats to civil society and the need for a coordinated international response.” The event was hosted by US President Barack Obama. Kiai said that the freedoms of peaceful assembly and association are essential to democracy and development due to the values of inclusiveness and diversity that they promote. But sadly, challenges to these freedoms have increased, despite rhetorical commitments from UN Member States. “Tolerance of others must be harnessed,” Kiai said. “We don’t have to agree with what people do; but as long as it is done peacefully, and does not incite violence and hatred, it should be allowed.” UN Secretary General Ban Ki-moon and several heads of state were in attendance. Presentations were also made by Presidents Obama, Enrique Peña Nieto of Mexico and Tsakhiagiin Elbegdorj of Mongolia. The full text of the speech is available here. The pre-event press release can be found... Continue reading →