universal periodic review
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Kenya's adoption of Universal Periodic Review on Human Rights
Joint Statement at the 45th Session of the UN Human Rights Council
Universal Periodic Review on Human Rights -- Outcome Adoption for Kenya | Delivered by Martin Ray Taban Mavenjina, Kenya Human Rights Commission
Thank you, Madame President. This is a statement from the Kenya Human Rights Commission and CIVICUS.
During Kenya’s examination under the 2nd UPR cycle, the government received 29 recommendations relating to civic space. Of these recommendations, 20 were accepted while 9 were noted. Of those accepted, our analysis indicates that the government has partially implemented eight recommendations and has not implemented 12.
We welcome that during this cycle, Kenya accepted several recommendations relating to civic space including to “Take further measures towards ensuring the safety of journalists, as well as towards guaranteeing the freedoms of expression, of the press, of association and of peaceful assembly.”
However, Kenya has continued to severely restrict the right to peaceful assembly and expression by cracking down on peaceful assembly through the use of disproportionate force, arrests and detention of peaceful protesters, human rights defenders and journalists. In November 2019, a video which sparked public outrage emerged of four police officers brutally beating an unarmed student as he lay on the ground, following student protests against rising insecurity at the Jomo Kenyatta University of Agriculture and Technology in Juja town
Kenya has failed to hold to account those responsible for the deaths, injuries and arbitrary arrests of protestors and journalists, and has misapplied the legal framework to further restrict civic space. While the Public Order Act requires those who wish to assemble to notify the police three days prior to an assembly, police have often misinterpreted this provision to deny permission to groups.
Madame President, we urge the Government of Kenya to institute charges and prosecute law enforcement officers found to have acted unlawfully in the course of protests by using disproportionate force and firearms in response to protests, and to ensure that the law is not misapplied by authorities to infringe on human rights. We call on the Government of Kenya to take proactive measures to address these concerns and implement the recommendations it has accepted to create and maintain, in law and in practice, an enabling environment for human rights defenders, media houses and journalists. We further call on member states to follow up on their recommendations to ensure their implementation.
Civic space in Kenya is currently rated as Obstructed by the CIVICUS Monitor
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Kuwait's adoption of Universal Periodic Review on Human Rights
Joint Statement at the 44th Session of the UN Human Rights Council
Universal Periodic Review on Human Rights -- Outcome Adoption for Kuwait
Madame President,
Since its second Universal Periodic Review, the International Service for Human Rights (ISHR), Gulf Centre for Human Rights, MENA Rights Group and CIVICUS found that Kuwait did not implement any of the 13 recommendations related to civic space. Instead, restrictive legislation such as the 1979 Public Gatherings Act, the 1970 National Security Law, the 2015 Cybercrime Law and the 2006 Press and Publications Law, continue to place undue restrictions on fundamental rights and freedoms.
Furthermore, human rights defenders face severe restrictions, with women human rights defenders and activists from the stateless Bedoon minority facing heightened threats. Legal and policy limitations placed on the rights to the freedoms of association, peaceful assembly and expression put HRDs at a continuous risk of detention, defamation, citizenship revocation and other forms of reprisals as a direct result of their work. Two of Kuwait’s leading human rights groups, the Kuwaiti Bedoon Gathering and the Kuwaiti Bedoon Committee, are regularly subjected to harassment and intimidation. Similarly, women human rights defenders face increased risks as a result of their work, such as defamation, stigmatisation, social pressure and gender and sexual-based violence, as well as marginalisation and discrimination. In October 2018, the Twitter account of woman human rights defender Abeer Al-Haddad was hacked due to a tweet she published about her plans to sue the head of the Central Apparatus for Illegal Residents Affairs.
Freedom of expression is frequently impinged upon for journalists, bloggers and civil society actors online. On 2 January 2019, journalist Aisha Al-Rasheed was arrested under the 2015 Cybercrime Law following online posts in which she denounced the corruption of government officials. She was released on bail four days later, but charges against her were not dropped. In February 2019, Abdulhakim Al-Fadhli and Hamed Jameel were summoned for interrogation by officials for their online commentary. Kuwait continues to be a closed space for civic space, unduly hampering the activities of civil society and human rights defenders.
ISHR, GCHR MENA Rights Group and CIVICUS thus urge the government of Kuwait to implement recommendations from its last periodic review, including to “(l)egislate to guarantee the freedoms of expression, of assembly and of opinion” and “(g)uarantee the right to freedom of expression, association and peaceful assembly of journalists, activists, human rights defenders and those who take part in demonstrations”, both of which were accepted by the government.
Civic space in Kuwait is currently rated as Repressed by the CIVICUS Monitor
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Laos adoption of Universal Periodic Review on Human Rights
Joint statement with Forum Asia and Manushya at the 45th Session of the UN Human Rights Council
Universal Periodic Review on Human Rights -- Outcome Adoption for Laos
Thank you, Mr Vice President.
We note that the government of Lao PDR has accepted the majority of the recommendations it received during this Universal Periodic Review. However, we regret that the government has not accepted several key recommendations related to fundamental freedoms, and protection of human rights defenders.
Following the second cycle UPR in 2015, Lao PDR committed to reassess the restrictions on [fundamental freedoms] civil society organisations, revise legislation to protect the right to freedom of expression and to ensure freedom of assembly in line with the ICCPR. However, the government’s actions since then stand in stark contrast to these commitments as well as Constitutional guarantees of these rights.
New amendments to the Media Act of 2008 introduced in 2016 further consolidate the government’s absolute control over the media.
The government continues to criminalise criticism of the government using unwarranted criminal defamation charges on the basis of protecting “national interests,” as well as charges of anti-state propaganda, penalized under article 117 of the criminal code. For instance, woman human rights defender, Houayheuang Xayabouly, known as Muay, was sentenced in November 2019 to 5-year imprisonment for a Facebook post criticising the slow response of the government in providing assistance to affected communities displaced by flooding as a result of tropical storm in August 2019.
The new Decree No. 238 on Associations introduced in November 2017 grants the government broad powers to control or prohibit the formation of associations, monitor and curtail their activities and finances, and to dissolve associations on arbitrary grounds without right of appeal.
We call on Lao PDR to create and maintain, in law and practice, an enabling environment for CSOs, media, journalists and human rights defenders by repealing or reviewing all repressive legislation in accordance with international standards. In particular, we call on Lao to review the Media Act, Decree No. 238 on Associations, Decree number 327 on Internet-Based Information Control/Management and provisions of the Penal Code, including Article 117 on propaganda against the state, that impose undue restrictions on fundamental freedoms. We call on the Lao government to ensure all Lao people can exercise their fundamental freedom of expression, as enshrined in the ICCPR.
We regret the government’s failure to accept key recommendations to effectively investigate the enforced disappearance of human rights defender Sombath Somphone. Given the government’s protracted failure to disclose any new information about the investigation since June 2013, we call on Lao to establish a new independent and impartial investigative body to determine the fate and whereabouts of Sombath.
We further call on the government to publicly set out a comprehensive, measurable and time-bound action plan for the implementation of UPR recommendations, in full cooperation and consultation with civil society.
Civic space in Laos is currently rated as Closed by the CIVICUS Monitor
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Madagascar : Un journaliste acquitté mais de sévères restrictions d'espace civique persistent
Déclaration à la 43e session du Conseil des droits de l'homme des Nations unies
Adoption par Madagascar de l'Examen périodique universel des droits de l'homme
CIVICUS se félicite de l'acceptation par Madagascar de 22 recommandations axées sur l'espace civique dans le cadre de ce cycle de l'EPU. Cependant, dans notre présentation à l'EPU, nous avons documenté que depuis son dernier examen, Madagascar n'a que partiellement mis en œuvre deux recommandations et n'a pas pris de mesures concrètes pour mettre en œuvre 20 des recommandations relatives à l'espace civique faites en 2014.
Nous nous félicitons de l'acquittement du journaliste d'investigation Fernand Cello par la Cour d'appel de Fianatantsoa deux ans après son arrestation et son inculpation pour le vol d'un chéquier. Cet acquittement est une étape nécessaire dans le respect des droits des journalistes et des médias.
Cependant, le code de la loi sur les communications des médias impose de lourdes amendes pour des délits tels que l'outrage, la diffamation et l'insulte à un fonctionnaire. De plus, les failles du système de justice pénale permettent au pouvoir judiciaire de gouverner sous l'influence de l'exécutif. La détention préventive, notamment des défenseurs des droits de l'homme et des journalistes, est très répandue et utilisée comme une stratégie pour les contraindre à l'autocensure.
La liberté de réunion continue d'être restreinte car les autorités utilisent le prétexte de l'ordre public pour interdire les protestations des groupes de la société civile. Nous sommes préoccupés par les niveaux élevés de persécution judiciaire, d'intimidation et de harcèlement des défenseurs des droits de l'homme, en particulier ceux qui défendent les droits environnementaux et fonciers.
Madame la Présidente, CIVICUS appelle le gouvernement de Madagascar à prendre des mesures proactives pour répondre à ces préoccupations et mettre en œuvre les recommandations visant à créer et à maintenir, en droit et en pratique, un environnement favorable à la société civile.
L'espace civique à Madagascar est actuellement classé comme étant Reprimé par le CIVICUS Monitor.
Voir nos recommandations qui ont été soumises au Conseil des droits de l'homme des Nations unies sur les conditions des droits de l'homme à Madagascar.
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Madagascar: Journalist acquitted but severe civic space restrictions persist
Statement at the 43rd Session of the UN Human Rights Council
Madagascar's adoption of Universal Periodic Review on Human Rights
Watch us deliver our statement belowCIVICUS welcomes Madagascar’s acceptance of 22 recommendations focusing on civic space in this UPR cycle. However, in our UPR submission, we documented that since its last review, Madagascar has only partially implemented two recommendations and has not taken concrete steps to implement 20 of the recommendations relating to civic space made in 2014.
We welcome the acquittal of investigative journalist Fernand Cello by the Fianatantsoa Appeals Court two years after he was arrested and charged with the theft of a cheque book. This acquittal is a necessary step in respecting the rights of journalists and media houses.
However the Code of Media Communications Law imposes heavy fines for offences such as contempt, defamation and insult against a government official. In addition, flaws in the criminal justice system allow the judiciary to rule under the influence of the executive. Pre-trial detention including of human rights defenders and journalists is prevalent and used as a strategy to force them to self-censor.
Freedom of assembly continues to be restricted as the authorities use the pretext of engendering public order to ban protests by civil society groups. We are concerned about the high levels of judicial persecution, intimidation and harassment of human rights defenders particularly those advocating for environmental and land rights.
Madame President, CIVICUS calls on the Government of Madagascar to take proactive measures to address these concerns and implement recommendations to create and maintain, in law and in practice, an enabling environment for civil society.
Civic space in Madagascar is currently rated as Repressed by the CIVICUS Monitor
See our recommendations that were submitted to the UN Human Rights Council about the conditions of human rights in Madagascar.
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Maldives: Civil society groups call for better respect for civic freedoms in report to the UN
Joint statement on Maldives ahead of human rights review in 2020
Civil society groups CIVICUS and FORUM-ASIA have submitted information to the UN Human Rights Council on civic freedoms in the country ahead of its review in 2020. While welcoming the human rights improvements undertaken by the new government since it came to power, the submission highlights ongoing restrictions to freedoms of association, peaceful assembly and expression, and unwarranted restrictions on human rights defenders since its previous examination in 2015.
The UN Human Rights Council will review the Maldives’ human rights record at its Universal Periodic Review (UPR) in May 2020. This marks five years since its last review, when UN member states made 258 recommendations to the Maldivian government including 16 recommendations that directly relate to barriers to open civic space. They included protecting journalists, human rights defenders and other civil society actors and creating an enabling environment for them. Other recommendations include guaranteeing freedom of expression and the media and upholding freedom of assembly. As of today, the government has only partially implemented these recommendations.
The report welcomes the significant strides by the government in opening up the space for the exercise of fundamental freedoms, establishing a commission to probe unresolved disappearances and reviewing legislation restricting civic space since its last UPR examination We also welcome the proposed bill to protect whistleblowers. However, there are still implementation gaps with regard to the protection of human rights defenders and the freedom of expression.
Our organisations are alarmed by ongoing reports of harassment of and threats against human rights defenders and journalists, particularly by extremist groups, and the lack of effective action by law enforcement authorities. We also concerned by efforts to silence civil society groups as illustrated most recently by the decision to “temporarily suspend” the Maldivian Democracy Network (MDN), a leading human rights organization following accusations of blasphemy. This is a regressive move that sets a dangerous precedent for freedom of expression and association, and threatens the positive steps towards restoration of fundamental freedoms and human rights. The government must reverse its decision to suspend MDN, and create a safe and enabling environment for human rights defenders and organisations to carry out their legitimate work without fear of reprisals and harassment.
On freedom of expression, we welcome the repeal of the Anti-Defamation and Freedom of Expression Act, enacted in 2016, which was systematically used against the media, opposition activists and dissidents. However, we remain concerned about threats and attacks on government critics. In January 2019, Ibrahim Ismail, the chairman of Mandhu College and a former lawmaker, came under attack for criticising the sentencing of a woman to death by stoning for adultery.
The report also highlights the slow progress in undertaking comprehensive reforms of the laws related to the freedoms of association and peaceful assembly. The Freedom of Peaceful Assembly Act 2013 imposes undue limitations on assemblies and gives the police wide discretion in granting permission and must reviewed. We also urge any revisions to the Associations Act – which was often used by the previous government to stifle critical civil society groups – to be consistent with international human rights law and standards.
The Universal Periodic Review of the Maldives is an important opportunity for the Maldives to display its commitments toward human rights reforms. We have seen encouraging developments but much more needs to be done. In the lead up to the UPR review we call on the Maldives government to increase its efforts to fulfil the commitments made in the 2015 review and systematically consult with civil society on the implementation of UPR recommendations, including by holding periodical comprehensive consultations with a diverse range of civil society.
We also urge the international community to support both the people and the government of the Maldives in addressing the shortcomings in the protection of civic freedoms as well as work of human rights defenders in the Maldives. International scrutiny is necessary to sustain the improvement we have seen in the Maldives over the past year, and ensure any positive reforms made are not reversed.
The CIVICUS Monitor, an online platform that tracks threats to civil society in countries across the globe, rates the space for civil society in the Maldives as Obstructed
For more information or to arrange an interview, please contact: Josef Benedict, CIVICUS Civic Space Research Officer,
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Pakistan: Alarm over attacks on human rights defenders and journalists
Statement at the 53rd Session of the UN Human Rights Council
Adoption of the UPR report of Pakistan
Delivered by Gulalai Ismail
Thank you, Mr President.
Mr President, the Asia Legal Resource Centre, Aware Girls and CIVICUS welcome the government of Pakistan's engagement with the UPR process.
Since its last review, Pakistan has only partially implemented three of the fourteen recommendations relating to civic space. We welcome that Pakistan accepted twenty of the twenty-two recommendations on civic space it received during this cycle including to guarantee a safe and enabling environment for the work of journalists and human rights defenders; review the law for Electronic Crimes and ensure that it does not affect freedom of expression and end the extra-legal use of force as well as use of enforced disappearances.
Despite these commitments, space for civil society has continued to come under attack in recent years. We have documented barriers for CSOs to register and operate, the criminalisation of human rights defenders and journalists on fabricated charges. We are further alarmed by efforts to intimidate and censor journalists and media outlets, the criminalisation of online expression and restrictions and attacks on peaceful protests, especially by ethnic Pashtun minorities and women’s rights activists.
Mr President, our organisations call on the Government of Pakistan to take concrete steps to address these concerns, including by halting the use of anti-terrorism legislation to arrest, detain and prosecute activists, to drop all charges against human rights defenders Muhammad Ismail and release Idris Khattak and amend the 1960 Maintenance of Public Order law, to guarantee fully the right to the freedom of peaceful assembly.
We thank you.
Civic space in Pakistan is rated as "Repressed" by the CIVICUS Monitor.
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Serbia at UN Human Rights Council: Adoption of Universal Periodic Review Report
38th Session of UN Human Rights Council
Adoption of the UPR report of the Republic of SerbiaThe Human Rights House Belgrade (Lawyer’s Committee for Human Rights, Belgrade Center for Human Rights, Civic Initiatives, Helsinki Committee for Human Rights and Policy Center), the Human Rights House Foundation and CIVICUS welcome the Government of Serbia's engagement with the UPR process. We also welcome the agreement signed between the Prosecutor’s office, the State Secretary of the Ministry of Internal Affairs and journalists’ and media associations in December 2016 on cooperation and measures to improve the security of journalists.
However, in our joint UPR Submission, we also documented that since its last review, the Republic of Serbia has only fully implemented one recommendation of a total of 18 recommendations relating to civic space.
We are particularly alarmed by the intimidation, attacks and harassment of human rights defenders and journalists who report on sensitive issues, such as transitional justice, corruption or government accountability. According to a national media watchdog group, there were at least 231 assaults (physical attacks, attacks on property, threats, pressure and verbal attacks) on journalists since 2013, with at least 42 recorded physical attacks.
We are furthermore concerned about the vilification of and smear campaigns against human right defenders, CSOs, and independent media outlets, which has undermined their work.
Mr President, the Human Rights House, the Human Rights House Foundation and CIVICUS call on the Government of Serbia to take proactive measures to address these concerns and implement recommendations to create and maintain, in law and in practice, an enabling environment for civil society.
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Statement at UN Human Rights Council: Citizen rights in South Korea
37th Session of the UN Human Rights Council
Statement on the adoption of South Korea´s Universal Periodic ReviewCIVICUS applauds the government of the Republic of Korea for its continued support and engagement in the Universal Periodic Revew (UPR) on human rights process. While recognising the new administration’s commitment to ensuring participation in political and public affairs, we remain concerned that such principles are not fully endorsed in its UPR adoption today.
We deeply regret the government’s decision not to accept a number of recommendations to promote and protect the rights essential to civic space. Specifically, the state’s refusal to accept recommendations to replace criminal defamation and libel laws with civil ones or amend the National Security Law to ensure that it is not used arbitrarily to harass and restrict the rights to freedom of expression, reflect a willful denial of the incongruity of these laws with international standards.
As explored in our UPR submission, the authorities have discriminatorily applied restrictive legislation, including the National Security Law to silence dissenting voices and critics of the government. The law’s overbroad provisions, which proscribe “Praising or propagating an anti-state organization,” or “Circulating false facts that threaten confusion of social order while a member of an anti–state organization” have frequently been used to stamp out online and offline expression perceived to be sympathetic to North Korea. Recently, on 5 January 2017, Lee Jin-young, owner of Labor Books, an online library, was arrested for violating the National Security Law after disseminating publications that purportedly support “anti-government organizations.”
We urge the government to consult with civil society in the implementation of the UPR recommendations to ensure that that the National Security Law is in line with the best practices and international standards in the area of freedom of expression.
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Statement at UN Human Rights Council: Zambia not implementing recommendations on civic space
37th Session of the UN Human Rights Council
Joint Statement on the adoption of Zambia's Universal Periodic ReviewThe Zambia Council for Social Development (ZCSD) and CIVICUS welcome the government of Zambia's engagement with the Universal Periodic Review on human rights process. We also welcome the government's presentation of the Access to Information Bill to Parliament, recognising that it has yet to be enacted.
However, in our joint Universal Periodic Review submission, we documented that since its last review, Zambia has not implemented 3 of the 4 recommendations relating to civic space. The existing legal frameworks that impedes and restricts civic space, including the Public Order Act and the Non-Governmental Organisations Act remain in place and have not been amended or repealed since Zambia’s last UPR examination.
The NGO Act unduly restricts the participation of civil society through punitive sanctions for non-compliance and excessive discretion of the State to dictate the activities of CSOs. Similarly, we are concerned with the continued use of the Public Order Act to unwarrantedly limit the exercise of the right to freedom of peaceful assembly.
Civic space came under serious threat during the State of Emergency declared by the government in July 2017. Six activists are currently before the courts after being arrested in September 2017 following a peaceful protest held outside of parliament demanding accountability for government expenditure.
Several journalists have also been arraigned before the courts to answer charges related to publication of official secrets, defamation and being in possession of seditious materials. After the 2016 general elections three private Broadcasting stations had their licences suspended due to perceived support for the opposition.
CIVICUS and ZCSD call on the Government of Zambia to take proactive measures to address these concerns and implement recommendations to create and maintain, in law and in practice, an enabling environment for civil society.
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Statement: Afghanistan's adoption of Universal Periodic Review on Human Rights
41st Session of the UN Human Rights Council
Afghanistan Human Rights Organisation (AHRO) and CIVICUS welcome the government of Afghanistan's engagement with the UPR process. However, we regret the lack of progress by the Government in implementing the civic space recommendations during the last UPR review, including to ensure effective investigations and accountability of abuse against journalists. Abuses against human rights defenders and journalists continues with impunity. Alarmingly, state institutions have also been implicated in some abuses against media.
During 2018, Afghanistan was the deadliest country for media, with 15 journalists and other media workers killed. In the first five months of 2019, at least five Afghan journalists and media workers were killed and a number of others have been critically wounded in deliberate attacks. We are deeply worried by the recent public threat of attacks issued by the Taliban against media. We call on the Government to stand by the rights of journalists and to protect them as parties negotiate an end to the war.
We note that the Government has taken steps this year to end impunity for the murder of journalists by bringing to trial two cases – that of BBC journalist Ahmad Shah and Kabul News journalist Abdul Manan Arghand, who were both killed in 2018 by unidentified armed men. However, both trials lacked transparency and death sentences were handed to the perpetrators, which are serious human rights concerns.
Women, victims’ groups and other CSOs have all been sidelined throughout the peace process, representing a significant threat to civic space. We call on the Government to ensure women and independent CSOs have a seat at the negotiation table and meaningfully participate in decision-making. It is the responsibility of the Afghan Government to ensure that women’s rights, victims’ rights and fundamental freedoms of Afghans are protected and respected during all stages of the peace process and in any peace deal.
Mr President, AHRO and CIVICUS call on the Government of Afghanistan to take proactive measures to address these concerns and implement these recommendations to create and maintain, in law and in practice, an enabling environment for civil society, including women’s groups and journalists.
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Statement: Cambodia's adoption of Universal Periodic Review on Human Rights
41st Session of the UN Human Rights Council
CIVICUS, the Cambodian Center for Human Rights (CCHR), the Cambodian Human Rights and Development Association (ADHOC) and IFEX welcome the Royal Government of Cambodia's engagement with the Universal Periodic Review (UPR) process.
In our joint UPR Submission, we documented that since its last review, Cambodia has failed to fully implement any of the recommendations it accepted relating to civic space and fundamental freedoms. We welcome the government’s acceptance of a number of recommendations received in this cycle to strengthen respect for freedom of expression, association and peaceful assembly and to protect human rights defenders. The Royal Government of Cambodia must now take concrete steps to promptly and meaningfully implement these recommendations in order to restore civic space, which has been drastically undermined in recent years.
The legal framework currently in place contravenes Cambodia’s obligations under international human rights law. Laws and provisions are routinely misapplied to restrict freedom of association, undermine civil society, and criminalize individual’s exercise of their right to freedom of expression. We are disappointed that the government of Cambodia explicitly decided not to accept certain recommendations to amend or repeal repressive laws, including the Law on Political Parties, the Law on Associations and Non-Governmental Organizations and the Trade Union Law.
Human rights defenders, civil society activists and journalists are routinely subject to judicial harassment and legal action. While we welcome the release of human rights defenders and journalists from detention in 2018, we are concerned that many were released on bail with cases still pending against them.
Media outlets perceived as critical towards the government have been subjected to a severe crackdown in 2017 and 2018, through threats and sanctions including shutdowns, which significantly curtail citizens’ access to information. We encourage the Royal Government of Cambodia to promptly implement the recommendations it accepted related the independence of the media, and we urge the government to re-create an enabling environment for a free and pluralistic media, including by ceasing judicial harassment against journalists, and abuse of tax regulations to harass media outlets and associations (even though Cambodia decided to note the recommendation received in this regard).
Mr President, we recognize the importance of this review as a first step to address the deterioration of respect for human rights in Cambodia. We now call on the Royal Government of Cambodia to take proactive and immediate measures to restore civic space, foster a free and enabling environment for civil society, and ensure that all Cambodians can freely exercise their fundamental freedoms.
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Statement: Chile's adoption of Universal Periodic Review on Human Rights
41st Session of the UN Human Rights Council
Pro Acceso and CIVICUS welcome the government of Chile's engagement with the UPR process. We also welcome the government's progress in relation to the legislative framework governing freedom of association and progressive initiatives to strengthen the participation of civil society.
However, in our joint UPR Submission, we documented significant challenges with respect to the right to peaceful assembly both in law and in practice. In addition, the government has failed to create a safe environment for HRDs, particularly for indigenous people, who continue to face attacks and criminalisation.
We remain concerned by the lack of commitment of the government to amend legislation regulating peaceful protest, which contradicts the Chilean Constitution and international standards. The Supreme Decree 1,086, which came into force in 1983, regulates this right and establishes procedures that in practice functions as a system of prior authorisation.In practice, civil society has documented cases of excessive use of force by the police, including the use of teargas bombs, rubber bullets and hydrant trucks. Between June 2016 and March 2019, the CIVICUS Monitor received several reports of police repression of protests, especially protests by students and members of the Mapuche community.
In addition, we are concerned by the misuse of the Anti-Terrorism Law (Law 18,314 on counter terrorism policy) against members of the Mapuche indigenous community advocating for land and environmental rights. The legislation has been used in a "total of 19 emblematic cases, involving 108 individuals, mostly related to situations of Mapuche protests.”
Mr President, Pro Acceso and CIVICUS call on the Government of Chile to take proactive measures to address these concerns and implement recommendations to create and maintain, in law and in practice, an enabling environment for civil society, including signing and ratifying the Regional Agreement on Access to Information, Public Participation and Justice in Environmental Matters in Latin America and the Caribbean known as the Escazu Agreement, whose negotiation process Chile lead since 2012, and which establishes specific obligations for the protection of environmental defenders.
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Statement: Equatorial Guinea's adoption of Universal Periodic Review on Human Rights
42nd Session of the UN Human Rights Council
Joint statement on Equatorial Guinea's adoption of Universal Periodic Review on Human RightsMr President, EG Justice, Centro de Estudios e Iniciativas para el Desarrollo, ONG – Cooperación y Desarrollo, and CIVICUS welcome the government of Equatorial Guinea’s engagement with the UPR process and particularly for accepting 202 of 221 UPR recommendations.
We regret that since its last examination, recommendations pertaining to safeguarding civic space and fundamental freedoms have not been implemented by the Equatorial Guinean government. Serious restrictions to freedom of peaceful assembly, association, and expression have increased. And the general situation of human rights has worsened.
We are deeply concerned by the government’s recent pronouncements that it has closed the Center for Studies and Initiatives for the Development of Equatorial Guinea (CEID) – one of the few civil society organisations raising concerns over human rights violations. Human rights defenders, activists and members of the political opposition continue to be subjected to violence, repression, intimidation, arbitrary arrests, detention and harassment. Human rights defender Alfredo Okenve was brutally assaulted by security agents in November 2018 and was arrested and his movement restricted in March 2019 after he was invited to receive an award for his human rights activities. In February 2019, activist Joaquin Elo Ayet was arbitrary arrested, tortured and detained for an extended period without charges for his campaigns against corrupt practices and human rights violations.
Freedom of expression is severely constrained as most media outlets are controlled by the state or the family of President Teodoro Obiang Nguema and the intimidation and harassment of journalists force many to self-censor. Freedom of association is restricted by onerous registration processes for civil society and the refusal of the government to recognize labour unions.
EG Justice, Centro de Estudios e Iniciativas para el Desarrollo, ONG – Cooperación y Desarrollo, and CIVICUS call on the Government of Equatorial Guinea to immediately and urgently take proactive measures to implement all UPR recommendations, particularly pertaining to removing restrictive laws and practices that undermine civic space, and to create an enabling environment for journalists and human rights defenders and activists to work without fear of reprisals.
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Statement: Eritrea's adoption of Universal Periodic Review on Human Rights
41st Session of the UN Human Rights Council
The Eritrean Movement for Democracy and Human Rights (EMDHR), Eritrea Focus, and CIVICUS welcome the government of Eritrea’s engagement with the UPR process and for its acceptance of 131 UPR recommendations. We also welcome the Declaration of Peace and Friendship signed between Eritrea and Ethiopia in July 2018, and the shared commitments to make progress towards achieving sustainable peace in the region.
But regional overtures towards peace have not translated into national policy and practices. Since Eritrea’s last review, it has failed to implement any recommendations it accepted pertaining to civic space and fundamental freedoms.
Instead, the human rights situation in the country continues to worsen, civic space continues to be severely suppressed, and serious restrictions to freedom of peaceful assembly, association, and expression prevail.
Mr President, we are deeply concerned by the closure of 20 health centres administered by Catholic churches, and the arbitrary arrest and detention of four Christian bishops based in Debre Bizen monastery and of 141 Christians in Mai Temenai district in June 2019, which followed a call by the Catholic Church for genuine dialogue on peace and reconciliation in Eritrea. Such actions illustrate the willful failure of the Eritrean government to implement UPR recommendations and improve the repressive environment for civic space and basic freedoms.
We note with concern the lack of constitutionalism in Eritrea, a situation that perpetuates human rights violations and abuses by government institutions with impunity, where activists, journalists and human rights defenders continue to be arrested and illegally detained.
Mr President, Eritrean Movement for Democracy and Human Rights, Eritrea Focus, and CIVICUS call on the Government of Eritrea to immediately and urgently take proactive measures to implement all UPR recommendations, particularly pertaining to removing restrictive laws that undermine civic space and create an enabling environment for journalists and human rights defenders to exercise their rights to freedom of expression, peaceful assembly and association.
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Statement: Ethiopia's adoption of Universal Periodic Review on Human Rights
42nd Session of the UN Human Rights Council
Joint statement on Ethiopia's adoption of Universal Periodic Review on Human RightsMr President, CIVICUS and Association for Human Rights in Ethiopia (AHRE) welcome the government of Ethiopia’s engagement with the UPR process and particularly for accepting 131 out of 327 UPR recommendations. We also welcome the gradual reopening and operational civic space for civil society organisations (CSOs) in Ethiopia; and the Declaration of Peace and Friendship signed between Ethiopia and Eritrea in July 2018, in a continued spirit to make progress towards achieving sustainable peace in the region.
Notwithstanding some positive developments, we regret that since the UPR review in January 2019, recommendations pertaining to civic space and fundamental freedoms have not been fully implemented by the Ethiopian government. We also note with concern that institutional and legal impediments for sustained political space remain an encumbrance to the development of a vibrant civil society. Independent investigations and accountability for perpetrators of years of human rights violations, including torture and extrajudicial killings of dissidents and protesters, remain insufficient.
These restrictions have recently led to the closure of the Sidama Media Network (SMN) and the arrest and illegal detention of two of its managers and two board members in 18 July 2019. Such actions are illustrative of the government’s failure to systematically implement UPR recommendations pertaining to freedom of expression.
Mr President, we are deeply concerned by the government’s failure to adequately respond to ethnic tensions across a number of regions that recently saw the Amhara regional governor and two other government officials killed in June 26, 2019. About 820,000 people were uprooted in Gedeo district and 150,000 in the bordering West Guji zone of Oromia when the violence flared in 2018 remain displaced with deplorable human rights situations. We remain equally alarmed by ethnic violence on 18 July in the Sidama zone leading to the displacement of more than 900 people, mostly women and children.
Mr President, AHRE and CIVICUS call on the Government of Ethiopia to immediately and urgently take proactive measures to implement all UPR recommendations, particularly those pertaining to efforts to address intercommunal violence, and ensure protection of people displaced by interethnic disputes.
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Statement: Macedonia's adoption of Universal Periodic Review on Human Rights
41st Session of the UN Human Rights Council
The Balkan Civil Society Development Network (BCSDN), The Macedonian Centre for International Cooperation (MCIC) and CIVICUS welcome the government of North Macedonia's engagement with the UPR process. We also welcome improvements in legislation and practice to promote civic space, particularly the Government’s decision to end the financial inspections of the 22 civil society organisations (CSOs) critical of the previous government and the public conclusion clearing them of any wrongdoing.
The Government has revised the legal framework to safeguard freedom of expression and opinion and improved the general climate, particularly for independent journalists. We welcome changes in law, relating to the urgent reform priorities, and efforts to enhance the independence of the public broadcasting service and regulatory body. However, despite this positive trajectory, we remain concerned over the frequency of threats being made towards independent journalists.
In light of this concern, our recent joint UPR Submission documented that since its last review, North Macedonia has only partially implemented the eight recommendations relating to freedom of expression and opinion.
We encourage the Government to amend existing legislation which undermines freedom of association. Namely, the Penal code, where legal representatives of associations and foundations are defined as public officials and carry the same responsibilities. Similarly, the recently proposed “Law on Lobbying” could subvert recent improvements by stifling civil society participation in policy dialogue.
Finally, while improvements were made in the Law on Police, there is still a need to improve the Law on Public Assemblies. Worryingly, this legislation contains burdensome obligations for organisers and requires foreign persons to receive permission before organising protests. While authorities have facilitated numerous gatherings that were peaceful, we remain dismayed at the use of disproportionate force against protesters. In June 2018, police used tear gas and shock bombs, leading to the injury of 25 people. Media coverage of the protest was also hampered by the violence.
Mr President, BCSDN and MCIC and CIVICUS call on the Government of North Macedonia to take proactive measures to address these concerns and implement recommendations to create and maintain, in law and in practice, an enabling environment for civil society.
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Statement: Mass arrests and killings of protesters in Venezuela
41st Session of the UN Human Rights Council
Interactive Dialogue on the report of the High Commissioner on VenezuelaCIVICUS thanks the High Commissioner for her report, which shows how deeply the human rights situation has deteriorated in Venezuela. The escalating political crisis has precipitated a significant increase in violations of civic freedoms: according to the local NGO Foro Penal, as of May 2019 there were 857 political prisoners. Many have reportedly been tortured. Reports of serious reprisals against human rights defenders and humanitarians show the increasing danger of simply carrying out legitimate work to provide humanitarian support in the midst of a crisis, or protect human rights as violations escalate.
CIVICUS is deeply concerned by mass arrests and killings of protesters during demonstrations. Since the beginning of the year, 60 protesters have reportedly been killed in the protests. Of five killed by security forces during protests calling for the resignation of Nicolas Maduro on 30 April and 1 May, three were not yet 18.
Venezuela’s indigenous communities have been among those hardest-hit by the humanitarian crisis. A siege of the Pemon indigenous community, imposed after the community attempted to help humanitarian aid enter the country, forced more than 700 hundred members of the community to leave their lands. At least 7 people were killed and 62 arbitrarily arrested during the confrontation. We call for the special protection of indigenous communities.
We are concerned by politically-motivated internet restrictions and the blockage of online content, including that of BBC and CNN International. Online censorship has affected over 20 online media outlets, severely restricting citizens’ right to information.
We welcome the agreement reached between the office of the High Commissioner and the Venezuelan Government for a team of human rights officers based in the country, and we hope this is the first step towards enhanced monitoring and reporting on the worsening human rights crisis in Venezuela, including measures to ensure accountability for perpetrators and reparations to the thousands who have fallen victim to human rights abuses.
We echo the High Commissioner’s remarks in her June statement that ‘the people of Venezuela cannot afford further deterioration of the situation. We ask the High Commissioner what immediate steps the Council and its member states can take to support those in Venezuela who are advocating for the protection of their rights and those seeking redress for the harm they have suffered?
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Statement: Nicaragua not implementing human rights recommendations
42nd Session of the UN Human Rights Council
Joint statement on Nicaragua's adoption of Universal Periodic Review on Human RightsRed Local and CIVICUS welcome the government of Nicaragua's engagement with the UPR process.
However, our joint UPR submission documents that since its previous review Nicaragua has not implemented any of the 26 recommendations it received relating to civic space, 17 of which concern freedom of expression and access to information. We also regret that during the current cycle, recommendations regarding the provision of access to and cooperation with regional and international human rights mechanisms, the investigation of human rights abuses perpetrated against demonstrators, and the safety and freedom of jailed journalists and HRDs were not accepted by the government.
As detailed in our submission, Nicaraguan legislation still treats slander and insult as criminal offences, and the freedom of the press continues to be limited by the manipulated allocation of official advertising, denial of access to cover government activities, tight control of the flow of information from the top of the state apparatus, and media concentration in the hands of the presidential family and their allies. Acts of explicit censorship have also been recorded.
As also documented in our submission, legislation regulating the establishment, operations and dissolution of CSOs is applied arbitrarily, with the aim of hindering and intimidating the staff of independent CSOs, which have also been affected by legal or de facto restrictions on receiving external funding and sustaining international collaboration. Land rights defenders, women’s and LGBTI rights activists, journalists and bloggers are also routinely stigmatised, harassed, criminalised, arbitrarily arrested and physically attacked.
The exercise of freedom of peaceful assembly is subjected to de facto and legal barriers, from authorisation requirements to hold demonstrations and a Sovereign Security Law that broadly defines security threats to criminalise common tactics of protest movements, to the illegal use of excessive and deadly force against demonstrators, which between April and August 2018 resulted in at least 300 people killed.
We call on the Government of Nicaragua to take proactive measures to address these concerns and implement recommendations to create and maintain, in law and in practice, an enabling environment for civil society.
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Statement: Qatar's adoption of Universal Periodic Review on Human Rights
42nd Session of the UN Human Rights Council
Joint statement on Qatar's adoption of Universal Periodic Review on Human RightsCIVICUS and the Gulf Centre for Human Rights note that since its 2nd UPR cycle in 2014, Qatar acceded to the ICCPR and the ICESCR as a major step towards realizing human rights in the country. However, there remain critical gaps in implementation, particularly around civic space. Of the 31 recommendations related to civic space, 24 were accepted and seven were noted. However, Qatar has not implemented 13 of these recommendations, including to revise all laws which restrict freedom of assembly and association.
Mr President, civic space in Qatar remains closed. Law No. 12 of 2004 and Law No. 18 still place considerable hurdles, restrictions and fines on civil society looking to form associations or peacefully assemble. Furthermore, while revisions have been made to Qatar’s Kafala (sponsorship) system, authorities continued to place limitations on the rights of foreign workers to join unions or engage in peaceful strike action.
Human rights defenders continue to face restrictions in their work. On 28 April 2018, Dr Najeeb Al-Nuaimi, a well-known human rights lawyer who voluntarily defends prisoners of conscience in Qatar, received the latest in a series of travel bans. Few human rights defenders confidently continue their work under the constant threat of detainment. Furthermore, freedom of expression remains under threat in Qatar. On 16 April 2019, authorities arbitrarily closed the Doha Centre for Media Freedom, an organization committed to freedom of expression.
Moreover, the 2014 Cybercrimes Prevention Law places heavy penalties on journalists and researchers including fines of up to a maximum of 500,000 Riyals (approx. US$137,500) and prison sentences ranging from one to 10 years. We are therefore concerned that Qatar did not accept a number of recommendations under this UPR cycle relating to online expression, including to reform the repressive Cybercrime Law.
Mr President, in this context, civic space remains under constant threat in Qatar. We call on the government to fully adopt and implement the provisions of the ICCPR and ICESCR into national legislation as per their obligations, and take all the necessary steps to protect and promote civic space both in law and in practice in the country, by implementing all UPR recommendations related to these rights.
