fundamental freedoms
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Malaysia: A year after elections, fundamental freedoms still restricted
A year after the electoral victory of the Pakatan Harapan coalition, authorities have failed to reform repressive legislation or expand civic space, and continue to restrict fundamental freedoms and silence dissent, a new briefing from ARTICLE 19 and CIVICUS said today.
The briefing, “New Government, Old Tactics: Lack of progress on reform commitments undermines fundamental freedoms and democracy in Malaysia”, concludes that, despite some encouraging early steps by Malaysia’s new political leaders, broader reform processes to protect human rights have ground to a halt. The Pakatan Harapan coalition has not followed through on commitments in its campaign manifesto to reform repressive legislation, including the Sedition Act 1948, Communications and Multimedia Act 1998, Printing Presses and Publications Act 1984, and Peaceful Assembly Act 2012. Instead, authorities have used these laws to harass and prosecute activists, government critics and others exercising fundamental freedoms.
“The Pakatan Harapan government came to power on the back of promises to reform repressive laws and open up public spaces that have long been restricted by the previous regime. Instead, authorities have used the same old laws to silence critics, stifle unpopular opinions and control public discourse. These retrogressive tactics blemish the supposed reformist credentials of Malaysia’s new leaders, and impede the democratic transition that they promised to bring about,” said Nalini Elumalai, ARTICLE 19’s Malaysia Programme Officer.
While welcoming steps to establish a self-governing media council, ARTICLE 19 and CIVICUS are concerned about that the lack of progress in reforming restrictive laws that impede press freedom and the ability of journalists to report without fear of judicial harassment and criminal penalties. Further, there has been a lack of transparency in legislative and institutional reform processes, with limited opportunities for meaningful participation by civil society and other stakeholders. The decision by authorities to place the report of the Institutional Reform Committee under the Official Secrets Act (OSA), preventing its release to the public, underscores these concerns.
ARTICLE 19 and CIVICUS’s review of the government’s record during its first year in office reveals continued restrictions on the right to peaceful assembly. Those involved in peaceful protests, including students, women’s rights activists and indigenous activists have been arbitrarily detained, threatened or investigated, while the Peaceful Assembly Act has yet to be amended in line with international law and standards. Further, the government has failed to follow through on manifesto promises to create an enabling environment for civil society and to review laws and policies that restrict the registration and operations of NGOs.
“The government must halt the judicial harassment of demonstrators for exercising their right to the freedom of peaceful assembly and instruct police officers that it is their duty to facilitate peaceful assemblies, rather than hinder them,” said Josef Benedict, CIVICUS Civic Space Researcher. “Immediate steps must also be taken to review the Societies Act to guarantee that undue restrictions on the freedom of association are removed,” Benedict added.
The Pakatan Harapan government faces tremendous challenges in dismantling the repressive legal and institutional framework built during 61 years of Barisan Nasional rule. ARTICLE 19 and CIVICUS understand that opposition forces are determined to undermine progressive reforms in Malaysia. Nevertheless, we urge the government to follow through on its promises and undertake a comprehensive, transparent and inclusive process of legislative and institutional reform to promote and protect fundamental rights and freedoms. Failure to act with urgency, resolve and principle in this regard will lead to the entrenchment of restrictions on civic space and call into the question the government’s commitments to fundamental freedoms.
The CIVICUS Monitor, an online platform that tracks threats to civil society in countries across the globe, rates civic space – the space for civil society – in Malaysia as ‘Obstructed’
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Open call to all international actors: Do more to stop internet shutdowns shrouding torchings and killings in Myanmar
Content note: this statement contains references to violence, murder, and potential war crimes.
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Saudi activist, Loujain Al-Hathloul spends 1000+ days in prison: Masana Ndinga-Kanga
Prominent Saudi female activist, Loujain al-Hathloul, who campaigned for women's right to drive, was sentenced to more than five years in prison in December 2020, after having already spent two years in detention. She is probably one of Saudi Arabia's most famous human rights defenders. She and other activists were detained in 2018 on charges including contacts with organisations hostile to Saudi Arabia. She was eventually convicted of various charges, including trying to harm national security and advance a foreign agenda. As she spends her 1000th day in prison activists from around the world are campaigning for her unconditional release. Masana Ndinga-Kanga the Middle East and North Africa Advocacy Lead at the global alliance of civil society organisations, CIVICUS, told SABC News that al-Hathloul's case is symbolic of the repression and silencing that women in Saudi Arabia face when they dare to speak out for their human rights.
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Sri Lanka: Security forces must exercise restraint and protect the right to protest
CIVICUS, the global civil society alliance, calls on Sri Lankan security forces to refrain from using excessive force and prevent further deaths and injuries amid increasing violence around protests and guarantee a safe and enabling space for peaceful protesters to voice their concerns.
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Tanzania: Systematic restrictions on fundamental freedoms in the run-up to national elections
🇹🇿🗳️With national elections in #Tanzania on 28 October, over 65 civil society organsations from across the world have called on President, @MagufuliJP, to end the systematic restrictions on political and civic freedoms: https://t.co/ykZCoskeTo pic.twitter.com/4N6uTXQ0Wz
— CIVICUS (@CIVICUSalliance) October 22, 2020Civil society letter endorsed by over 65 organisations to President of Tanzania ahead of 28 October National Elections
To: President John Magufuli
Excellency,
We, the undersigned civil society organizations, are deeply concerned about the continued deterioration of democracy, human rights and rule of law in the United Republic of Tanzania. In the past five years, we have documented the steady decline of the country into a state of repression, evidenced by the increased harassment, intimidation, prosecution, and persecution of political activists, human rights defenders (HRDs), journalists and media houses; the enactment of restrictive laws; and disregard for rule of law, constitutionalism, as well as regional and international human rights standards. We are deeply concerned that the situation has worsened during the COVID-19 pandemic and as the country heads for general elections on 28 October 2020.[1]
Tanzania as a party to several regional and international treaties, including the International Covenant on Civil and Political Rights and the African Charter on Human and Peoples’ Rights, has a legal obligation to respect and protect fundamental rights, particularly the right to - freedom of expression and the media, peacefully assemble, form and join associations, and to participate in public affairs, which are fundamental rights for free and fair elections in a democratic society. As a member of the African Union (AU) and the Southern African Development Community (SADC), Tanzania has committed to uphold and promote democratic principles, popular participation, and good governance.
Leading up to the elections in Tanzania, we have unfortunately documented an unfavourable environment for public participation and free engagement in the political process. The role of the media in providing information and access to varying viewpoints in a true democracy is indispensable. Media houses must be allowed to provide these services without undue restrictions, yet in recent times, several independent media houses have been suspended. These have included the seven-day suspensions of The Citizen newspaper in February 2019,[2] Clouds TV and Clouds FM in August 2020, and the six-month suspension of Kwanza online TV in September 2019[3] and again in July 2020 for 11 months;[4] the online publication ban against Mwananchi news in April 2020;[5] the revocation, effective June 24, 2020, of the license of the Tanzania Daima newspaper;[6] and the fines against online stations, Watetezi TV and Ayo TV in September 2019.[7]We note, with great disappointment, that the government is yet to comply with a ruling by the East African Court of Justice requiring the amendment of the Media Services Act to address the unjustified restrictions on freedom of expression.[8]
We are further concerned about the restrictions on individuals peacefully expressing their opinions, including criticising public officials.[9] The latter are required to tolerate a greater amount of criticism than others - a necessary requirement for transparency and accountability. Tanzania’s criminal justice system has however been misused to target those who criticize the government. Tito Magoti and IT expert Theodory Giyani were arrested in December 2019 and questioned over their social media use and association with certain government critics.[10] The duo were subsequently charged with economic crimes, including “money laundering” which is a non-bailable offence. Despite their case being postponed more than 20 times since December 2019, and no evidence being presented against them, they remain in pre-trial detention.[11] Investigative journalist Erick Kabendera was similarly arrested and charged with “money laundering” where he was held in pre-trial detention for seven months with his case postponed over ten times.[12] Several United Nations (UN) mandate holders have raised concern about the misuse of the country’s anti-money laundering laws that “allow the Government to hold its critics in detention without trial and for an indefinite period.”[13]
Most recently, a prominent human rights lawyer and vocal critic of the government, Fatma Karume was disbarred from practising law in Tanzania following submissions she made in a constitutional case challenging the appointment of the Attorney General.[14] Other lawyers are also facing disciplinary proceedings for publicly raising issues on judicial independence and rule of law. Opposition leader, Zitto Kabwe was arrested and prosecuted for statements made calling for accountability for extrajudicial killings by State security agents.[15] The above cases are clear evidence of intolerance for alternative views and public debate.
In addition, authorities should ensure respect for the right of individuals to freely form associations and for those associations to participate in public affairs, without unwarranted interference. We note the increasing misuse of laws to restrict and suspend the activities of civil society organisations.[16] On August 12, Tanzania Human Rights Defenders Coalition (THRDC) was notified that its bank accounts had been frozen pending police investigations. THRDC’s coordinator was then summoned by the police to explain an alleged failure to submit to the State Treasury its contractual agreements with donors.[17] Prior to this, in June 2020, the authorities disrupted the activities of THRDC for allegedly contravening “laws of the land.”[18] Several other non-governmental organisations working on human rights issues have been deregistered or are facing harassment for issuing public statements critical of the government. Ahead of the elections some civil society organisations have reported being informally told by authorities to cease activities. As a result of the repressive environment, civil society organisations have been forced to self-censor activities.
We also note the enactment of further restrictive laws.[19] For example, the Written Laws Miscellaneous Amendments Act (The Amendment Act)[20] which has introduced amendments to 13 laws.[21] The Amendment Act requires anyone making a claim for violation of rights to have been personally affected.[22] This limits the ability of civil society organisations to carry out legal aid and law-based activities where they are not personally harmed. It violates Article 26(2) of the country’s Constitution, which provides for the right of every person “to take legal action to ensure the protection of this Constitution and the laws of the land.” Furthermore, it is an internationally recognized best practice that all persons, whether individually or in association with others, have the right to seek an effective remedy before a judicial body or other authority in response to a violation of human rights.[23] The Amendment Act further provides that lawsuits against the President, Vice-President, Prime Minister, Speaker, Deputy Speaker, or Chief Justice cannot be brought against them directly but must be brought against the Attorney General.[24] This provision undermines government accountability for human rights violations. We remind the authorities that international bodies have raised concerns about Tanzania’s repressive laws.[25]
We are especially concerned over the continued cases of verbal threats and physical attacks against members of opposition political parties.[26] We note with concern that to date, no one has been held accountable for the 2017 attack against the CHADEMA party leader, Tundu Lissu, who is a presidential candidate in the upcoming elections. Most recently, opposition leader Freeman Mbowe was brutally attacked and his assailants are still at large. Failure to thoroughly and impartially investigate such cases breeds a culture of violence and impunity, which in turn threatens the peace and security of the country. The government must take steps to bring perpetrators of such violence to account and to guarantee the safety of all other opposition party members and supporters.
Earlier, in November 2019, the African Commission on Human and Peoples’ Rights (ACHPR) issued a press statement on the “deteriorating human rights situation in Tanzania.”[27] The Commission specifically voiced concern over “the unprecedented number of journalists and opposition politicians jailed for their activities.” The ongoing crackdown on civic space in Tanzania also led the UN High Commissioner for Human Rights, Michelle Bachelet, to issue a strong warning ahead of the 28 October 2020 General Elections. At the opening of the UN Human Rights Council’s 45th session, she “[drew] the Council's attention to increasing repression of the democratic and civic space, in what is becoming a deeply deteriorated environment for human rights” and stressed that “[with] elections approaching later this month, we are receiving increasing reports of arbitrary arrests and detention of civil society actors, activists, journalists and members of opposition parties.” She added: “Further erosion of human rights could risk grave consequences, and I encourage immediate and sustained preventive action.”[28]
While we acknowledge measures taken by your government to halt the spread of the COVID-19 virus and protect the citizens of Tanzania, we are deeply concerned that the pandemic has been used to unduly restrict fundamental freedoms. Examples are the arrest and sentencing of two Kenyan journalists for interviewing members of the public in Tanzania on the status of the pandemic in the country[29] as well as, the suspension of Kwanza Online TV for reposting an alert by the U.S. embassy in Tanzania regarding the pandemic in the country.[30] The rights to peacefully express one’s opinion, receive information, peaceful assembly and association, and to participate in public affairs are not only essential in the context of the upcoming elections, but also in relation to the current COVID-19 pandemic. Freedom of expression in particular, ensures “the communication of information to the public, enabling individuals to … develop opinions about the public health threat so that they can take appropriate steps to protect themselves and their communities.”[31] The UN has repeatedly emphasized that Government responses to COVID-19 must not be used as a pretext to suppress individual human rights or to repress the free flow of information.[32]
The need for Tanzania to uphold human rights, democracy and the rule of law is now more than ever important as a matter of national security, following recent reports of insurgent attacks along Tanzania’s border with Mozambique.[33] Studies have shown that experiences of injustice, marginalization and a breakdown in rule of law, are root causes of disaffection and violence. A peaceful and prosperous nation requires good governance and respect for rule of law, with a society that protects fundamental freedoms and ensures justice for all.
As civil society organisations deeply concerned about constitutionalism, justice, and democracy in the United Republic of Tanzania, we strongly urge your Excellency to adhere to your undertaking to ensure a free and fair election in Tanzania. The government has an obligation to create an enabling environment for everyone, including political opposition, non-governmental organisations, journalists, and other online users, HRDs, and other real or perceived government opponents to exercise their human rights without fear of reprisals. As such, we call on the relevant authorities to immediately drop criminal charges and release defenders such as Tito Magoti and Theodory Giyani and any others being prosecuted for peacefully exercising their rights. Suspensions and the freezing of assets of non-governmental organisations such as THRDC, independent media houses such as Kwanza Online TV, and members of the legal profession- particularly Fatma Karume, must be reversed. Opposition parties must be allowed to freely and peacefully campaign and engage with their supporters without undue restrictions such as arbitrary arrests, physical attacks, forceful dispersal and intimidation of supporters, and harassment by security forces. The legitimacy of Tanzania’s elections is at stake.
We call on Tanzania to heed the messages delivered by national, African, and international actors and to change course before the country enters a full-fledged human rights crisis, with potentially grave domestic and regional consequences.
Signed:
- Access Now, Global
- Acción Solidaria on HIV/aids, Venezuela
- Africa Freedom of Information Centre
- Africa Judges and Jurists Forum
- AfroLeadership
- ARTICLE 19, Global
- Asia Dalit Rights Forum (ADRF), New Delhi and Kathmandu
- Association for Human Rights in Ethiopia (AHRE)
- Association of Freelance Journalists
- BudgIT Foundation, Nigeria
- CEALDES, Colombia
- Center for Civil Liberties, Ukraine
- Centre for Human Rights & Development (CHRD), Mongolia
- Centre for Law and Democracy, Canada
- Center for National and International Studies, Azerbaijan
- Child Watch, Tanzania
- CIVICUS, Global
- Civic Initiatives, Serbia
- CIVILIS Human Rights, Venezuela
- Collaboration on International ICT Policy for East and Southern Africa (CIPESA)
- Committee to Protect Journalists (CPJ)
- Community Empowerment for Progress Organization (CEPO), South Sudan
- Commonwealth Human Rights Initiative (CHRI)
- Corporación Comuna Nueva, Santiago de Chile
- DefendDefenders (East and Horn of Africa Human Rights Defenders Project)
- Democracy Monitor PU, Azerbaijan
- Eastern Africa Journalists Network (EAJN)
- Ethiopian Human Rights Council (EHRCO)
- Ethiopian Human Rights Defenders Coalition (EHRDC)
- Espacio Público, Venezuela
- Front Line Defenders, Global
- Gestos (HIV and AIDS, communication, gender), Brazil
- Greenpeace Africa
- Groupe d’Action pour le Progrès et la Paix (GAPP-Afrique), Canada
- Groupe d’Action pour le Progrès et la Paix (GAPP-BENIN)
- Groupe d’Action pour le Progrès et la Paix (GAPP Mali)
- HAKI Africa, Kenya
- Human Rights Concern - Eritrea (HRCE)
- Human Rights Defenders Network, Sierra Leone
- Humanium, Switzerland
- HuMENA for Human Rights and Civic Engagement (HuMENA Regional)
- International Partnership for Human Rights (IPHR) - Belgium
- Jade Propuestas Sociales y Alternativas al Desarrollo, A.C. (JADESOCIALES)- México
- Ligue Burundaise des droits de l’homme Iteka-Burundi
- Maison de la Société Civile (MdSC), Bénin
- MARUAH, Singapore
- Media Rights Agenda (MRA), Nigeria
- Nigeria Network of NGOs, Nigeria
- Nouvelle Dynamique de la Société Civile de la RD Congo (NDSCI)
- Odhikar, Bangladesh
- ONG Convergence des Actions Solidaires et les Objectifs de Développement Durable (CAS-ODD ONG) - Bénin
- ONG Nouvelle Vision (NOVI), Bénin
- Open School of Sustainable Development (Openshkola), Russia
- Open Society Initiative for Southern Africa (OSISA)
- Partnership for Peace and Development, Sierra Leone
- RESOSIDE, Burkina Faso
- Robert F. Kennedy Human Rights, Global
- Sisters of Charity Federation, United States
- Somali Journalists Syndicate (SJS), Somalia
- Southern Africa Human Rights Defenders Network (SAHRDN)
- Sudanese Development Initiative (SUDIA), Sudan
- The Human Rights Centre Uganda (HRCU), Uganda
- Tournons La Page (TLP)
- Water, Sanitation and Hygiene Network, Sierra Leone
- Women in Democracy And Governance, Kenya (WIDAG)
- Zambia Council for Social Development, Zambia
[1] United Nations, Office of the High Commissioner, UN Experts call on Tanzania to end the crackdown on civic space, July 22, 2020, available at https://www.ohchr.org/en/NewsEvents/Pages/DisplayNews.aspx?NewsID=26117&LangID=E.
[2] Committee to Protect Journalists, Tanzania imposes 7-day publication ban on The Citizen, March 01, 2019, available at https://cpj.org/2019/03/tanzania-citizen-7-day-publication-ban/
[3] Committee to Protect Journalists, Tanzanian authorities ban online TV station, fine 2 others, January 8, 2020, available at https://cpj.org/2020/01/tanzanian-authorities-ban-online-tv-station-fine-2/
[4] Committee to Protect Journalists, Tanzania bans Kwanza Online TV for 11 months citing ‘misleading’ Instagram post on COVID-19, July 09, 2020, available at https://cpj.org/2020/07/tanzania-bans-kwanza-online-tv-for-11-months-citing-misleading-instagram-post-on-covid-19/
[5] Committee to Protect Journalists, Tanzanian newspaper banned from publishing online for 6 months over COVID-19 report, May 11, 2020, available at https://cpj.org/2020/01/tanzanian-authorities-ban-online-tv-station-fine-2/
[6] Committee to Protect Journalist, Tanzanian government revokes license of Tanzania Daima newspaper, June 26, 2020, available at https://cpj.org/2020/06/tanzanian-government-revokes-license-of-tanzania-daima-newspaper/
[7] Committee to Protect Journalists, Tanzanian authorities ban online TV station, fine 2 others, January 8, 2020 available at https://cpj.org/2020/01/tanzanian-authorities-ban-online-tv-station-fine-2/
[8]Committee to Protect Journalists, East Africa court rules that Tanzania’s Media Services Act violates press freedom, March 28, 2019, available at https://www.mediadefence.org/news/important-media-freedom-judgment-east-african-court-justice
[9] We refer to cases such as the arrest of prominent comedian, Idris Sultan, in May 2020 (https://thrdc.or.tz/tanzanian-comedian-and-actor-mr-idris-sultan-charged-for-failure-to-register-a-sim-card/), and the disbarment from practicing law of prominent lawyer and human rights advocate, Fatma Karume (https://www.icj.org/tanzania-icj-calls-for-reinstatement-of-lawyer-fatma-karumes-right-to-practice-law/).
[10] Committee to protect journalists, Mwanachi, The Citizen, last seen in Tanzania, November 21, 2017, available at https://cpj.org/data/people/azory-gwanda/.
[11] American Bar Association, Center for Human Rights, Tanzania: Preliminary Analysis of the criminal case against Tito Magoti and Theodory Giyani, July 28, 2020, available at https://www.americanbar.org/groups/human_rights/reports/tanzania--preliminary-analysis-of-the-criminal-case-against-tito/.
[12] Committee to Protect Journalists, Tanzanian journalist Erick Kabendera freed but faces hefty fines, February 24, 2020, available at https://cpj.org/2020/02/tanzanian-freelancer-erick-kabendera-freed-but-fac/
[13] Mandates of the Special Rapporteur on the situation of human rights defenders; the Working Group on Arbitrary Detention; the Working Group on Enforced or Involuntary Disappearances; the Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression; and the Special Rapporteur on the rights to freedom of peaceful assembly and of association, Letter to President of Tanzania, Reference AL TZA 1/2020, January 31, 2020, available at https://spcommreports.ohchr.org/TMResultsBase/DownLoadPublicCommunicationFile?gId=25049.
[14] International Commission of Jurists, Tanzania: ICJ Calls for the reinstatement of lawyer Fatma Karume’s right to practice law, October 8, 2020, available at https://www.icj.org/tanzania-icj-calls-for-reinstatement-of-lawyer-fatma-karumes-right-to-practice-law/
[15]The Citizen, Zitto Kabwe sentenced to serve one year ban not writing seditious statements, May 29, 2020, available at https://www.thecitizen.co.tz/news/Zitto-Kabwe-found-guilty-of-sedition/1840340-5567040-m7pifrz/index.htm
[16] The cancellation of a training organised by Tanzania Human Rights Defenders Coalition (THRDC), the subsequent arrest of THRDC’s Director, Onesmo Olengurumwa, and suspension of the activities of the organisation, as well as freezing of their accounts, exemplifies the misuse of these laws against civil society (See: https://www.aa.com.tr/en/africa/tanzania-human-rights-group-suspends-operations/1945400)
[17] DefendDefenders, Tanzania: Respect the right to freedom of association, August 24, 2020, available at https://defenddefenders.org/tanzania-respect-the-right-to-freedom-of-association/.
[18] Two employees of one of THRDC were arrested in Dar es Salaam and thereafter authorities proceed to arbitrarily cancel the hosting of a three-day security training for 30 human rights defenders. The police claimed that the training was in contravention of the “laws of the land” but did not give a specific provision
[19] These include the Electronic and Postal Communications (Online Content) Regulations; Media Services Act; Cybercrimes Act; and Political Parties Amendment Act.
[20] Written Laws (Miscellaneous Amendments Act (No. 3) of 2020)
[21] Southern Africa Litigation Center, Joint letter, The Written Laws Miscellaneous Amendments Act no.3 ( 2020), available at https://www.southernafricalitigationcentre.org/wp-content/uploads/2020/08/Honourable-Minister-of-Justice-for-the-Republic-of-Tanzania.pdf-August-2020.pdf
[22] Section 7(b) of the Written Laws Amendments Act
[23] The African Commission’s Principles and Guidelines on the Right to a Fair Trial and Legal Assistance in Africa provide that States must ensure through the adoption of national legislation that any individual, group of individuals or nongovernmental organization is entitled to bring a human rights claim before a judicial body for determination because such claims are matters of public concern.
[24] Amendments to Chapter 310 of the Law Reform (Fatal accidents and miscellaneous provisions) Act and to the Chapter 3 of the Basic Rights and Duties Enforcement Act
[25] See for example communication of the Mandates of the Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression; and the Special Rapporteur on the rights to freedom of peaceful assembly and of association to the government of the United Republic of Tanzania, AL TZA 3/2020, 17 July 2020, https://spcommreports.ohchr.org/TMResultsBase/DownLoadPublicCommunicationFile?gId=25442
[26] These include the verbal abuse and threats of execution against Zitto Kabwe, leader of Alliance for Change and Transparency (ACT) Wazalendo opposition party (see: https://www.bbc.com/news/world-africa-51355148), his conviction for sedition for statements he made at a press conference in relation to alleged extra judicial killings by state security forces (https://www.thecitizen.co.tz/news/Zitto-Kabwe-found-guilty-of-sedition/1840340-5567040-m7pifrz/index.html), and his re-arrested together with several party members while they participated in an internal meeting (https://www.aljazeera.com/news/2020/06/24/tanzanian-opposition-leader-zitto-kabwe-released-on-bail/); as well as the conviction of nine Members of Parliament belonging to the opposition Chama Cha Demokrasia(CHADEMA) party and their sentencing in March 2020 to five months in prison or an alternative fine, for allegedly making seditious statements (https://www.reuters.com/article/us-tanzania-politics/tanzanian-opposition-lawmakers-found-guilty-of-making-seditious-statements-idUSKBN20X2O8); and the attack against the party leader, Freeman Mbowe, by unknown assailants leaving him with a broken leg (https://www.reuters.com/article/us-tanzania-politics/tanzanian-opposition-lawmakers-found-guilty-of-making-seditious-statements-idUSKBN20X2O8).
[27] African Commission on Human and Peoples’ Rights, Press statement of the African Commission on Human and Peoples’ Rights on the deteriorating human rights situation in Tanzania, available at https://www.achpr.org/pressrelease/detail?id=459.
[28] Office of the UN High Commissioner for Human Rights, “In her global human rights update, Bachelet calls for urgent action to heighten resilience and protect people's rights,” 14 September 2020, https://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=26226&LangID=E
[29] Tanzania Human Rights Defenders Coalition, Two Kenyan Journalists convicted and fined in Tanzania, repatriated back to Kenya, May 21, 2020, available at https://thrdc.or.tz/blog/.
[30]American Bar Association, Center for Human Rights, Report on the arbitrary suspension of Kwanza Online TV for sharing information related to the COVID-19 pandemic, October 22, 2020. See also Kwanza TV Instagram, available athttps://www.instagram.com/p/CCGT_5ECT_n/?utm_source=ig_web_button_share_sheet
[31] Disease pandemics and the freedom of opinion and expression, A/HRC/44/49, para. 30
[32] The Guardian, Coronavirus pandemic is becoming a human rights crisis, UN warns, 23 April 2020, available at https://www.theguardian.com/world/2020/apr/23/coronavirus-pandemic-is-becoming-a-human-rights-crisis-un-warns. See also UNHRC,, UN Special Rapporteur on freedom of peaceful assembly and of association, States responses to Covid 19 threat should not halt freedoms of assembly and association, April 14, 2020, available at https://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=25788&LangID=E.
[33] BBC, Tanzania border village attack “leaves 20 dead”, October 16, 2020, available at https://www.bbc.com/news/live/world-africa-47639452?ns_mchannel=social&ns_source=twitter&ns_campaign=bbc_live&ns_linkname=5f896f00c4548e02bf3cb441%26Tanzania%20border%20village%20attack%20%27leaves%2020%20dead%27%262020-10-16T10%3A29%3A29.229Z&ns_fee=0&pinned_post_locator=urn:asset:2f81fc88-030c-49d4-9d25-b8268a2dbf55&pinned_post_asset_id=5f896f00c4548e02bf3cb441&pinned_post_type=share
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Thailand’s abusive draft law on not-for-profit organizations
President Joseph R. Biden, Jr.
The White House
Washington, DC
Dear President Biden,
We, the undersigned non-profit organisations, are writing to express our serious concerns regarding Thailand’s Draft Act on the Operations of Not-for-Profit Organizations, which the Thai Cabinet approved in principle on January 4, 2022. The passage of this draft law would systematically violate the rights to freedom of association and freedom of expression of non-profit groups. So we urge you to call on the Thai government to scrap this draft law when you meet with the Thai Prime Minister Prayuth Chan-o-cha and his delegation at the upcoming US-ASEAN special summit at the White House in May 12-13, 2022.
The draft law would enable officials to unilaterally order the temporary or permanent shutdown of any non-profit organisation (NPO) operating in Thailand if they conduct activities or make public representations that the Thai government considers adversely affects Thailand’s “relations between countries”; “affect the happy, normal existence of other persons”; affect “public interest, including public safety”; infringe on “public order,” or “people’s good morals;” or “cause divisions within society.” Non-profit organisations also are forbidden from doing anything that infringes on “the rights and liberties of other persons” or impacts the “government’s security, including the government’s economic security.” None of these terms is defined, providing maximum discretion to officials, including the military and national security officials who are the originators of this draconian, rights-abusing legislation, to act against any organisation arbitrarily.
If this bill becomes law, we anticipate that many organisations signing and supporting this letter will face punitive action, including intrusive investigations, public threats, and ultimately orders from government authorities to end operations.
As you may know, in addition to the laudable work done by Thai civil society organisations in supporting human rights, social welfare, civic activity, and humanitarian work in Thailand, there is also a regional dimension to civil society in Thailand, with important international humanitarian and human rights organisations operating in Thailand to assist refugees and displaced persons fleeing the crisis in Myanmar (Burma) and supporting the provision of assistance into Myanmar. These efforts will also be put at risk if the draft law passes, given the provision that prevents civil society from undertaking actions that ostensibly jeopardise Thailand’s friendly relations with its neighbouring countries.
Similarly, Thailand has long served as a refuge for political and rights activists fleeing from repressive governments in Vietnam, Cambodia, and Laos, and non-profit organisations supporting these refugees would also face significant threats of being shut down if this bill is enacted.
Protecting Thai civil society
To comply with relevant provisions of the Thai constitution, the Thai government, led by the Ministry of Social Development and Human Security, organised a public comment process between late January 2022 and the end of April 2022. In response to this rudimentary consultation process, a total of 1,867 non-profit organisations across Thailand released a joint statement and subsequently held a public rally to call for the Thai government to withdraw this bill.
The core message of our coalition is that we are civil society groups working on a wide range of issues. As organisations, we work across many sectors, and among other things, we strengthen democratic processes; safeguard the environment; reduce poverty; feed families; support children, people with disabilities, and older people; stop human trafficking; investigate business supply chains; protect human rights; support civil initiatives; expose government corruption and malfeasance; protect whistleblowers, and help people to access adequate health care and education.
Thai civil society and international supporters make Thailand a better, more inclusive democracy, and they should not face draconian restrictions of the sort that the current Thai government is proposing.
Risks of the bill
The draft law threatens the important work of civil society, and the Thai government has provided no rationale for this law, except that other countries in the region have similar laws. The drafters openly espouse following the example of India, where government restrictions forced the closure of many international nongovernmental organisations. The Thai government claims that they are aiming to create “transparency” in the non-profit sector has no basis, given that Thailand already has adequate laws and regulations to regulate non-profit organisations. This draft law is a massive extension of government power over every aspect and every grouping of civil society in Thailand.
The specific language of the law states that: “‘Not-for-profit organisation’ means a collective of private individuals who form themselves as any form of grouping to conduct activities in society without intending to seek profits to be shared. However, it shall not include a group of people gathering to implement a particular, one-time activity, or conduct an activity to serve only the group's interests, or a political party.” Moreover, the law states that “Any NPOs which have been established under any specific law, in addition to acting in compliance with that law, shall also be subject to the provisions of this Act.”
Given the broad definition of “non-profit” organisation, the law will encompass everything from foreign chambers of commerce to farmer groups, organisations supporting vulnerable persons like people living with HIV/AIDS, migrant worker collectives, LGBTQ+ organisations, aggrieved villagers protesting land expropriation, forestry and environmental groups, community sports clubs and local foundations, human rights organisations, and community development groups. There are no apparent limits for the groups that will be adversely affected by this law.
Put simply, the Thai government hopes that the international community will be looking the other way while it severely restricts basic freedoms across Thailand. In a nation of nearly 70 million people with a government infused with military influence at top levels, it is explicit that this bill would be applied arbitrarily to severely restrict the rights to freedom of expression, association, peaceful assembly, and other human rights.
A closer look at the bill
As mentioned above, the draft law’s language is very vague. The subjective language means that almost any action could violate the law’s provision. Below, non-profit organisations are asked to make sure they are not tainting people’s “good morals” or “disturbing the normal happy existence of persons”—or pay a daily fine of 10,000 baht (US$295).
Section 20: A Not-for-Profit Organization must not operate in the following manner:
(1) Affect the government’s security, including the government’s economic security or relations between countries.
(2) Affect public order, or people’s good morals, or cause divisions within society.
(3) Affect public interest, including public safety.
(4) Act in violation of the law.
(5) Act to infringe on the rights and liberties of other persons or affect the happy, normal existence of other persons.
Section 26: Any NPO which fails to stop its operations as ordered by the registrar under Section 20, paragraph 2 or Section 21 where Section 20 paragraph 2 applies, shall be liable to a fine not exceeding 500,000 baht and a daily fine of 10,000 baht throughout the period of the breach or until it is operating correctly.The draft law will also effectively prevent organisations helping communities throughout Thailand from accessing the funding they need to do their crucial work. The restrictions and reporting requirements on funding support from outside Thailand are contrary to international law. They also inhibit a crucial funding source for organisations that help people in Thailand every day.
Section 21: A Not-for-profit Organization which receives funding or donations from foreign sources is required to act as follows:
(1) Inform the registrar of the name of the foreign funding sources, the bank account receiving the funds, the amount received, and the purposes for the disbursement of the funds.
(2) Must receive foreign funding only through a bank account notified to the registrar.
(3) Must use the foreign funding only for the purposes notified to the registrar in the article (1).
(4) Must not use foreign funding for any activity characteristic of pursuing state power or facilitating or helping political parties.
The draft law moves Thailand further down the slippery slope to a loss of privacy and the right to freedom of association.
Section 19:To ensure transparency and to keep the public informed about the operations of NPOs, an NPO is required to disclose information regarding its name, founding objectives, implementation methods, sources of funding, and names of persons involved with its operations to ensure such information is easily accessible to government agencies and the public.
Civil society organisations, the individuals who work for them, and the communities who benefit from these groups have the right to come together, express their opinions, and contribute to their communities. Those core civil and political rights are enshrined in international law, notably the United Nations International Covenant on Civil and Political Rights, which Thailand is a state party to and is obligated to uphold.
Recommendations
We respectfully call on you and your administration to press the Thai government to immediately withdraw the Draft Act on the Operations of Not-for-Profit Organizations and ensure that other laws and regulations that Thailand proposes pertaining to non-profit organisations strictly adhere to international human rights law and standards.
Sincerely,
- Amnesty International
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APCOM
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Asian Cultural Forum on Development (ACFOD)
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Asia Network for Free Elections (ANFREL)
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Asia Pacific Refugee Rights Network (APRRN)
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Asia Pacific Transgender Network (APTN)
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Article 19
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Asia Democracy Network (AND)
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Be Slavery Free
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Campaign Committee for Human Rights (CCHR)
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Campaign for Popular Democracy (CPD)
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CIVICUS: World Alliance for Citizen Participation
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Community Resource Center (CRC)
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Cross Cultural Rights Foundation (CrCF)
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CSO Coalition for Ethical and Sustainable Seafood (CSO Coalition)
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Democracy Restoration Group (DRG)
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EnLAW
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Environmental Justice Foundation (EJF)
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Equal Asia Foundation
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Finnwatch
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Fishwise
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Fortify Rights
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Forum Asia (Asian Forum for Rights and Development)
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Freedom Fund
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Freedom United
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Global Labor Justice-International Labor Rights Foundation
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Glom Duayjai
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Green America
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Greenpeace Thailand
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Greenpeace USA
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Human Rights Watch
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Human Rights and Development Foundation (HRDF)
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Human Rights Lawyers Association (HRLA)
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Humanity United Action
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ILGA Asia (Asian Region of the International Lesbian, Gay, Bisexual, Trans and Intersex Association)
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Inter Mountain People's Education and Culture in Thailand Association
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International Commission of Jurists (ICJ)
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International Federation for Human Rights (FIDH)
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International Justice Mission (Thailand)
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Jaringan Mangsa Dari Undang–Undang Darurat (JASAD)
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Justice for Peace Foundation
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Kru Kor Sorn
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Labour Protection Network (LPN)
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Lawyers Rights Watch Canada (LRWC)
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Manushya Foundation
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MAP Foundation (Migrant Assistance Program)
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MobNews
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NGOs for the People
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Patani Human Rights Organization (HAP)
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Peace and Human Rights Resource Center (PHRC)
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Protection International
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SEA Junction
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SHero Thailand
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Solidarity Center
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Stop Drink Network Thailand (SDN)
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Thai Action Coalition for Democracy in Burma (TACDB)
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Thai Lawyers for Human Rights (TLHR)
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Thai Teachers for Child Rights Association (TTCR)
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Togetherness for Equality and Action (TEA)
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Union for Civil Liberty (UCL)
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United Front of Thammasat and Demonstration
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Verite
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Women4Oceans
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Workers’ Union (Thailand)
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Young Pride Club (YPC)
cc: Antony J. Blinken, Secretary of State, U.S. Department of State
Wendy R. Sherman, Deputy Secretary of State, U.S. Department of State
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THE MALDIVES: ‘Civic space is practically nonexistent now’
CIVICUS speaks to Shahindha Ismail, Executive Director of the Maldivian Democracy Network, about the ongoing crackdown on dissent and the upcoming presidential elections in the Maldives.
A widespread crackdown on dissent began in the Maldives in February 2018 when a court ordered the release of opposition leaders. This decision led to the arbitrary arrest of judges, scores of opposition politicians and activists who face a variety of trumped-up charges from bribery to terrorism. Police also used unnecessary force to disperse peaceful demonstrations, and in some cases, indiscriminately used pepper spray and tear gas. There are also documented cases of people being ill-treated in detention. At least a dozen journalists were injured while covering protests, with reporters being arrested and ill-treated.
With elections due on 23rd September 2018, civic space is likely to become increasingly contested. Already in May 2018, the Electoral Commission moved to bar four opposition leaders from running in the upcoming presidential elections.
This interview has been edited for length and clarity.
1. What is the state of civil society freedoms in the Maldives ahead of the elections?
Civic space is practically nonexistentnow and has been for a few years. No one but those who support the government are allowed to speak freely or assemble. All rallies organised by the political opposition or civil society are dispersed, and their organisers and participants are arrested. The police intimidate people. Defamation is criminalised, and this has been a challenge, as media houses and individuals are fined millions of Rufiyaa and face the prospect of imprisonment for expressing themselves or broadcasting alternative views.
Those working in countering radicalism and violent extremism also face violent threats, including the possibility of disappearance or murder, from vigilante groups sanctioned by the government. These groups operate with full impunity and have targeted organisations and individuals promoting tolerance, offering alternate narratives and promoting secularism.
2. Can you tell us about the work of the Maldivian Democracy Network, and how it has been affected?
The Maldivian Democracy Network (MDN) was founded in September 2004, following the mass arrests of August 2004, and was originally named Maldivian Detainee Network. It began as a torture documentation civil society organisation (CSO) and focused on assisting detainees and their families and fostering the establishment of a network of families that could support one another. Two years later, after several delays, MDN finally achieved registration with the Ministry of Home Affairs. In 2010 MDN amended its statutes and changed its name to Maldivian Democracy Network, following the introduction of a new Constitution that recognised most of the detainee rights that MDN advocated for. Presently MDN conducts a wide range of work, including monitoring parliament, monitoring trials and advocating for detainee rights, protecting human rights defenders, advancing the rights to freedom of expression and assembly, and countering violent extremism.
In the current situation we have to do most of our work underground, and anything that we do publicly requires extra care. As human rights defenders (HRDs), we are constantly looking over our shoulders and have to take extra caution when moving around. We fear for the safety of our families. Those who are part of the HRD community and work in the civil service or at government-owned companies also fear the loss of their jobs. As an organisation, funding has become a serious challenge and we are on the brink of shutting down.
3. What should the international community do to support fundamental freedoms and free and fair elections in the Maldives?
The resolutions of the European Union about the Maldives, including the latest one issued in March 2018, are strong and encouraging. We would like to see their framework on targeted sanctions replicated and implemented by other states.
I believe it is critical that the international community have a strong presence in the Maldives in the final run-up to the elections as well as during and after the elections. An international observation mission is still the best we can ask for, and I hope that it happens.
4. What is your hope for the future?
I hope that we get a good change in this election, and that the new government will be more inclusive of the human rights community and CSOs when they plan reforms and implement them, as HRDs and civil society have had first-hand interactions with vulnerable groups and have represented them in difficult times. These experiences have given civil society an insight into some possible reforms and lots of training in advancing human rights issues in the Maldives. For example, we advocate for and hope that the government will include a strong civic education programme in the national school curriculum, in order to help produce critical, informed and articulate new citizens.
Civic space in the Maldives is rated as ‘obstructed’ by theCIVICUS Monitor. The country is currently on the CIVICUS Monitor’sWatchlist.
Get in touch with the Maldivian Democracy Network through theirwebsite orFacebook page, or follow@MDN_mv and@HindhaIsmail on Twitter.
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Time to Sign: Stand with students & activists in Bangladesh
Bangladesh: Release and drop all charges against all those arbitrarily arrested and investigate police abuse
Global civil society alliance CIVICUS is calling for your support and solidarity to demand the release of students and protesters who were arrested and charged over the last month in Bangladesh. On 15th August, Bangladesh was added to the CIVICUS Monitor’sWatch List, which means that there has been an escalation in serious threats to fundamental freedoms in recent weeks and months.
Add your voice to the campaign to demand that the government reverse this trend, release all those arbitrarily arrested and investigate police abuses by sending the letter below to government authorities, and adding your voice on social media using #BangladeshProtests.
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Time to Sign: Stand with students and activists in Bangladesh
Bangladesh: Release and drop all charges against all those arbitrarily arrested and investigate police abuse
Global civil society alliance CIVICUS is calling for your support and solidarity to demand the release of students and protesters who were arrested and charged over the last month in Bangladesh. On 15th August, Bangladesh was added to the CIVICUS Monitor’sWatch List, which means that there has been an escalation in serious threats to fundamental freedoms in recent weeks and months.
Add your voice to the campaign to demand that the government reverse this trend, release all those arbitrarily arrested and investigate police abuses by sending the letter below to government authorities, and adding your voice on social media using #BangladeshProtests.
#Bangladesh is on the #civicspace watchlist. Students arrested & attacked for peaceful protests focused on improving road safety. Abductions also on the rise ahead of national elections: https://t.co/SCGvAIngRw | #BangladeshProtests pic.twitter.com/3NSgqS9G2m
— CIVICUS Monitor (@CIVICUSMonitor) September 15, 2018
3 actions you can take to stand with students and other activists:
1. Sign and send letter to Prime Minister of Bangladesh
To the Prime Minister of Bangladesh,
H.E. Sheikh Hasina WazedBangladesh: Release and drop all charges against all those arbitrarily arrested and investigate police abuse
Dear Prime Minister Sheikh Hasina,
I am writing to express my concerns about serious violations of civic freedoms perpetrated during recent protests in Bangladesh. I urge your government to take immediate steps to address these issues in accordance with your international human rights obligations.
Between 29 July to 15 August 2018 around a hundred individuals, mainly students were charged for unlawful assembly, rioting and other crimes under the Penal Code, Section 57 of the Information and Communication Technology Act and the Special Powers Act. Those arrested were students from private universities or colleges who were involved in either the protests on road safety triggered by the killing of two teenagers by a speeding bus on 29 July 2018 or protests calling for reforms to the civil service quota system. Some were allegedly tortured or ill-treated in custody. Some students have been granted bail on 19 and 20 August. Many students are still in hiding and have not been able to attend classes. I am concerned by reports that they are being deprived from medical care following injuries they sustained while in detention.
I am also concerned about reports that police used excessive force, including firing rubber bullets and tear gas on 4th August 2018 to disperse demonstrations in Dhaka which were triggered by the killing of two teenagers by a speeding bus on 29th July 2018. Some of the student protesters were also allegedly attacked by members of the Bangladesh Chhatra League (BCL) and Jubo League, the student and youth wing of the ruling Bangladesh Awami League (BAL) party.
Scores of journalists were attacked while covering the protests, some of whom were later detained briefly by the police. At least four journalists from The Daily Star newspaper were reportedly beaten while at least seven photojournalists were injured in attacks in Jhigatala and Science Lab areas of the city on 5 August 2018. While some attackers wore helmets, the journalists identified some of their attackers as BCL members.
I am also concerned about the arbitrary arrest of Bangladeshi photographer Shahidul Alam who was taken from his home, just hours after he made comments on Al-Jazeera about protests in the city. He was subsequently charged under section 57 of Bangladesh’s Information Communications Technology Act a provision that has been frequently used to bring charges against critics, activists and other dissenting voices in Bangladesh. He has also alleged that he was tortured while in custody. He was denied bail three times in the lower court.
In the last few months, human rights organisations have also documented attacks by the BCL against students protesting the civil service quota system, which reserves 30 percent of government jobs for children of freedom fighters from Bangladesh’s Liberation War in 1971. Academics and journalists supporting them have also been targeted.
Therefore, I urge your government to take the following steps as a matter of priority:
- Immediately and unconditionally release all protesters and activists who have been arbitrarily detained for exercising their human rights, in particular photographer Shahidul Alam, and drop all charges against them;
- Carry out prompt, impartial, independent and efficient investigations into all complaints and reports of excessive use of force by the police, as well as attacks by non-state actors, against protesters and journalists, bring those responsible to justice and provide reparations to the victims;
- Review and amend all laws that restrict freedom of expression, such as section 57 of the 2006 Information and Communication Technology Act;
- Send a clear message to members of the Bangladesh Chhatra League (BCL) and other non-state actors that violence by them will not be tolerated;
- Create a safe and enabling environment for activists, civil society and citizens to exercise their rights to freedom of expression, association and peaceful assembly without intimidation, harassment, arrest or prosecution.
I express my sincere hope that you will consider and implement these recommendations.
Sincerely,
Sign your name:
[forms ID=14]
You can also copy and paste the above letter and send directly to the below government officials, or write your own letter with demands and recommendations to:
Prime Minister's Office
Email:
Salutation: Honourable Prime MinisterMinister of Home Affairs
Asaduzzaman Khan Kamal
Email:
Salutation: Honourable Home MinisterInspector General of Police
Mohammad Javed Patwary
Email:
Salutation: Dear Inspector GeneralAnd copies to: Political Affairs Advisor to Bangladesh
Prime Minister H.T. Imam
E-mail: ;
2. Share and show solidarity on social media
Time to Sign: Stand in solidarity with students and activists in #Bangladesh. Demand the government drop all charges against protesters for exercising their civic freedoms https://t.co/mYhPPjOVSJ | #BangladeshProtests pic.twitter.com/DSTjsjSk37
— CIVICUS (@CIVICUSalliance) September 17, 2018Stand in solidarity with Bangladeshi protesters and journalists by sharing this infographic on social media using #BangladeshProtests and tagging the following diplomatic and government representatives.
- @MdShahriarAlam (Minister of State for Foreign Affairs)
- @MoFA_Bangladesh (Ministry of Foreign Affairs)
- @bd_police (Bangladesh Police)
- @zapalak ( ICT minister)
- @asaduzzaman_mp (Minister of Home Affairs)
- @EUinBangladesh (EU delegation in Bangladesh)
- @usembassydhaka (US Embassy in Bangladesh)
- @SaarcSec (South Asian Association for Regional Cooperation Secretariat)
- @cvoule (Clement N. Voule, UN Special Rapporteur on Freedom of Association and Peaceful Assembly)
- @davidakaye (David Kaye, UN Special Rapporteur on Freedom of Opinion and Expression)
- @ForstMichel(Michel Forst, UN Special Rapporteur on the situation of human rights defenders)
- @UNHumanRights (United Nations Office of the High Commissioner for Human Rights)
3. Share campaign with your network
Updates:
Updates about the campaign to be made available here
For more information, contact:
Clementine de Montjoye – clementine.demontjoye[at]civicus.org
Josef Benedict – josef.benedict[at]civicus.org -
Un appel urgent à la libération des défenseurs des droits de l'homme en l'honneur de la Journée internationale Nelson Mandela
Chers dirigeants mondiaux,
À l'occasion de la Journée Nelson Mandela, les organisations de la société civile du monde entier vous demandent de libérer les défenseurs des droits de l'homme et les prisonniers d'opinion emprisonnés.
Comme Nelson Mandela qui a passé 27 ans en prison pour son opposition à l'apartheid, des milliers de défenseurs des droits de l'homme et de prisonniers d'opinion sont accusés à tort et emprisonnés dans le monde entier. Ils ont été emprisonnés pour avoir recherché la justice sociale, politique, économique et environnementale, pour avoir défendu les personnes exclues et pour avoir promu les valeurs démocratiques.
Nombre de ces défenseurs des droits de l'homme et prisonniers d'opinion purgent des peines pour des crimes qu'ils n'ont jamais commis, après avoir été condamnés à l'issue de procès inéquitables. Depuis plusieurs années, nos organisations ont documenté les peines de prison illégales infligées aux défenseurs des droits de l'homme dans plusieurs pays.
Nous sommes particulièrement préoccupés par le fait que les autorités de nombreux pays continuent de détenir des défenseurs des droits de l'homme et des prisonniers d'opinion pendant la pandémie COVID-19. Nous remercions les gouvernements d'Iran, d'Éthiopie, de Turquie, de Bahreïn et du Cameroun d'avoir libéré des prisonniers dans le cadre de leur réponse à cette crise sanitaire sans précédent. Cependant, peu de défenseurs des droits de l'homme et de prisonniers d'opinion ont été inclus, et il est maintenant plus urgent que jamais de les libérer.
Il y a également des centaines de défenseurs des droits de l'homme qui sont toujours en détention préventive et qui n'ont pas été inculpés ou jugés. La surpopulation et les mauvaises conditions sanitaires dans les prisons augmentent le risque d'infection au COVID-19 et devraient être des facteurs importants de réduction de la population carcérale.
Nous vous demandons également de mettre fin aux arrestations et aux détentions arbitraires de journalistes en prison uniquement pour avoir fait des reportages sur les violations des droits de l'homme pendant la pandémie. Bien que les restrictions relatives au COVID-19 soient levées dans certaines régions du monde, certains pays ont utilisé la pandémie comme prétexte pour restreindre les libertés civiques. Des journalistes et des défenseurs des droits de l'homme ont été agressés physiquement et soumis à des détentions arbitraires et à des persécutions judiciaires pour avoir fait des reportages sur le virus.
Nous avons plus que jamais besoin de défenseurs des droits de l'homme. Il est de leur devoir de demander des comptes aux gouvernements, de veiller à ce que les États respectent les lois internationales sur les droits de l'homme pendant la pandémie et de s'attaquer à la dégradation de l'environnement et aux inégalités qui ont accéléré l'impact du COVID-19.
La Haut Commissaire des Nations Unies aux droits de l'homme, Michelle Bachelet, a récemment déclaré:
"Dans cette crise, les gouvernements sont confrontés à d'énormes besoins en ressources et doivent prendre des décisions difficiles. Mais je leur demande instamment de ne pas oublier ceux qui sont derrière les barreaux, ou ceux qui sont confinés dans des lieux tels que les établissements fermés de santé mentale, les maisons de soins et les orphelinats, car les conséquences de leur négligence sont potentiellement catastrophiques".
Malheureusement, certains défenseurs des droits de l'homme emprisonnés sont morts dans des circonstances suspectes dans différents pays pendant la pandémie.
Alors que nous commémorons la Journée Nelson Mandela le 18 juillet, nous nous souvenons que M. Mandela nous a tous exhortés à assumer le fardeau du leadership dans la lutte contre les injustices sociales. Nous vous demandons de donner à des millions de familles, d'amis et de collègues de défenseurs des droits de l'homme et de prisonniers d'opinion du monde entier une raison de renouveler leur espoir d'un avenir meilleur en ces temps sans précédent.
Nous vous invitons à :
- Libérer immédiatement et sans condition tous les défenseurs des droits de l'homme et les prisonniers d'opinion emprisonnés uniquement pour leurs activités pacifiques en faveur des droits de l'homme, et cesser toute persécution judiciaire à leur encontre.
- Donner la priorité aux détenus qui n'ont pas été inculpés et à ceux qui sont en détention préventive, et les libérer.
- Cesser de procéder à de nouvelles arrestations et détentions, en particulier pour les journalistes et les militants qui font des reportages sur la pandémie COVID-19, et pour ceux qui sont accusés d'avoir enfreint les règles de confinement.
Appuyé par :
1. A Common Future 2. A.C. Reforma Judicial 3. Abraham's Children Foundation 4. ACPDH 5. ACSIS 6. Action by Christians for the Abolition of Torture 7. Action D'urgence pour Toute Détresse 8. Action for Humanity and Social Progress 9. Action pour la Lutte Contre l'Injustice Sociale 10. Action pour le Développement 11. Action To Heal Foundation Sierra Leone 12. Actions pour la Protection des Femmes 13. Active Vision 14. Admiral development organization 15. Adolescents Initiatives Support Organization 16. Afghanistan Democracy and Development Organization 17. Africa Intercultural Development Support Trust 18. Africa Rise Foundation 19. African Center for Solidarity and mutual Aid between the Communities CASEC - ACSAC 20. AFRICAN FOUNDATION FOR ENVIRONMENT AND DEVELOPMENT - AFED 21. African Holocaust 22. African Observatory Of Civic Freedoms And Fundamental Rights OCFFR-AFRICA 23. AJBDEM DURABLE 24. ALUCHOTO 25. Amis des Étrangers au Togo 26. Amnesty International 27. Asia Pacific Forum on Families International 28. Association des blogueurs pour une citoyennetà active 29. Association Femmes et Enfants 30. Association for Advocacy and Legal Initiatives Trust 31. Association for Health, Safety and Environmental Awareness International 32. Association pour les droits de l'Homme et l'Univers Carcéral 33. Association pour les victimes du monde 34. Association pour l'Integration et le Developpement Durable Durable au Burundi, AIDB 35. ASUTIC Senegal 36. Avenir Jeune de l'Ouest 37. AWHES 38. Bangladesh Institute of Human Rights 39. Banjul Youth in Community Services 40. Banlieues Du Monde Mauritanie 41. Bareedo Platform Somalia 42. Bella Foundation for Child and Maternal Care 43. Bousla Organisation 44. BRIGHTER FUTURE FOUNDATION 45. Burundi Child Rights Coalion 46. CAHURAST-Nepal Campaign Against Ignorance and Illiteracy 48. Capellanes conacce 49. CAPTE - Uruguay Silvia FLORES MOSQUERA 50. CareMe E-clinic 51. CEAMUJER 52. Center for the Development of Civil Society 53. Centre d'Initiatives et d'Actions pour le Développement durable au Burundi 54. Centre for Human Rights and Social Advancement CEFSAN 55. Centre Oecuméniquepour la Promotion du Monde Rural 56. Centro para la Acción Noviolenta y Cultura de Paz en CentroamÃrica 57. CESPHA 58. ChildHelp Sierra Leone 59. Circles of Hope Community Support Group for PLHIVAIDS 60. CIVICUS 61. Commonwealth Society of Nigeria 62. Cooperation for Peace and Development 63. Corporacion Regional Yariguies GEAM 64. COSAD BENIN 65. Differentabilities 66. DISCOURAGE YOUTHS FROM POVERTY 67. Domestic workers Union 68. DreamBoat Theatre for Development Foundation 69. Droits de l'homme sans frontières 70. Edmund Rice International 71. Edo Civil society organisations 72. EIP 73. Fater Bibi Technologies 74. FCPEEP 75. FEDERATION DES FEMMES POUR LE DEVELOPPEMENT INTEGRAL AU CONGO 76. FINESTE 77. Formidable Initiatives for Women and Girls 78. Foundation for Democracy and Accountable Governance 79. Fraternity Foundation for Human Rights-Birati 80. Free political prisoners 81. FUNDACION SIMAS 82. Fundación T.E.A. Trabajo - Educación - Ambiente 83. FUTURE LEADERS SOCIETY 84. Global Witness 85. Give Hope Uganda 86. Governance and Forest Initiatives 87. GreenLight Initiative 88. Hadejia youth movement for social cohesion 89. Health NGO's Network 90. Healthy Choices Ic., 91. Human Rights Committee 92. Humanitarian Care for Displaced Persons 93. IFAN 94. INSPIRIT Creatives UG NGO 95. Institute for Public Policy Analysis and Implementation 96. Integrated Agricultural Association-I,A,A 97. International Dalit Solidarity Network 98. International Falcon Movement - Socialist Educational International 99. International Federation for Human Rights (FIDH) 100. Iraqi journalists right deafenc association 101. International Service for Human Rights (ISHR) 102. Justice Acess Point 103. JusticeMakers Bangladesh 104. Key Populations Alliance of Zambia 105. Khpal Kore Organization 106. Kibera Joy Initiative 107. Kumakomo Community Radio 108. Le Réseau Nigérien des Défenseurs des Droits Humains 109. Leadership initiative network for the Advancement of women and youth 110. Local Community Development Association 111. Lumiere Synergie Developpement 112. Maecenata Foundation 113. MAMAS FOR BURUNDI ASSOCIATION 114. Manna Development AGency 115. Marketplace 247 116. MFFPS 117. Millennium Sistahs Trinidad and Tobago Inc 118. Missing Link Uganda 119. Mouvement des Femmes et Filles pour la Paix et la Sécurité au Burundi 120. Mouvement Populaire pour la Santé au Gay 121. Movement for Social Justice MSJ-4 122. National Coalition of Human Rights Defenders Uganda 123. Network of Civil Society Organisations for Election Observation and Monitoring - ROSE 124. Network of NGOs of Trinidad and Tobago for the Advancement of Women 125. New Owerri Youth Organisation 126. NGO Collective for Food Security and Rural Development - COSADER 127. NGO CONSTRUISONS ENSEMBLE LE MONDE 128. NGO Defensoria Ambiental 129. NGOs Council ASDGC Kenya 130. Nipe Fagio 131. Nouveaux Droits de l'homme Congo Brazzaville 132. ONG ASSAUVET 133. ONG BAL'LAME 134. ONG Programa sociocultural CRP 135. Palestinian Non Governmental Organizations Network 136. PAMOJATWASIMAMA 137. Partenariat pour la Protection Integree 138. PAYNCOP 139. Peace and Life Enhancement Initiative International 140. PHY ORG 141. Plan international 142. Princegnf 143. Prisma European Network 144. Psychologues du Monde Afrique 145. Reacción Climática 146. Real Agenda For Youth Transformation Trust 147. REDHNNA-Red por los Derechos Humanos de los niños, niñas y adolescentes 148. REPONGAC 149. Research and Advocacy Unit 150. Root Change 151. Ruheso Tanzania 152. RUKIGA FORUM FOR DEVELOPMENT 153. Safety and Risk Mitigation Organization 154. Save Our Continent, Save Nigeria. 155. Save the Climat 156. Secours de la Femme Rurale au Developpement, Safrd 157. SHAKHI 'Friends of Women' 158. Shanduko Yeupenyu Child Care 159. She's Writes 160. Sierra Leone School Green Clubs 161. Social Justice Forum 162. Social Mission Catalysts LLC 163. Solidarity health Foundation 164. Solidarity Youth Voluntary Organisation 165. SOS Jeunesse et Enfance en Détresse - SOS JED 166. South Sudan Civil Society Forum 167. Sustainable Develipment and Peace Building Initiatives 168. Tanzania Development Trust 169. Tanzania Peace Legal Aid and Justice Center PLAJC 170. Tata Institute of Social Sciences, Mumbai 171. the Wuhan election campaign 172. The Angelic Ladies Society 173. Transitional Justice Working Group 174. Tsoro-o-tso San Dev Trust 175. Ugonma Foundation 176. Ukana West 2 Community Based Health Initiative 177. Unión Nacional de Instituciones para el Trabajo de Acción Social- UNITAS 178. Unique Foundation The Gambia 179. Vijana Corps 180. Wacare Organization 181. Welfare Association for Development Alternative -WADA 182. Women Against Violence and Expediency Handling Initiative 183. Women Friendly 184. Women Working for Social Progress 185. World Federalist Movement Canada 186. World Organisation Against Torture (OMCT) 187. WORLDLITE 188. Young Professional Development Society Nepal 189. Your Health Your Responsibility 190. Youth Alliance for Rural Development in Liberia Inc. 191. YOUTH AND ENVIRONMENT VISION 192. Youth Arm Organization 193. Youth For The Mission 194. Youth Harvest Foundation Ghana 195. YOUTHAID-LIBERIA 196. Zambian Governance Foundation 197. Zimbabwe We Want Poetry Campaign -
Why Bahraini rights activists need international support
By Tor Hodenfield
Last month - specifically, 14 February - marked the seventh anniversary of the peaceful protests that swept across Bahrain in 2011, calling for an end to authoritarian rule. Since the popular uprisings, however, intense and sustained state repression has left the Bahraini human rights movement increasingly challenged, amid dwindling international support.
Read on: Middle East Eye
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Zambia: Guarantee human rights for all during elections period
🇿🇲#Zambia: Ahead of tomorrow's national elections, we are calling on President @EdgarLungu to guarantee the rights of all Zambians and refrain from shutting down the internet: https://t.co/ywtWvlLfdi | #KeepitOn #ZambiaDecides🗳 pic.twitter.com/bFeLejbW1y
— CIVICUS (@CIVICUSalliance) August 11, 2021Ahead of the highly anticipated elections in Zambia tomorrow, global civil society alliance CIVICUS calls on the government of President Edgar Lungu to guarantee the rights of all Zambians and refrain from shutting down the internet during and after the elections.
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