UN Human Rights Council – 40th Session
15 March 2019
Oral Statement

The Arab NGO Network on Development, the Phenix Center for Economic & Informatics Studies and CIVICUS welcome the government of Jordan’s engagement with the UPR process, including its decision to accept over 100 recommendations on a range of human rights issues. 

While we applaud the government’s commitment to “ensure that all domestic legislation is in compliance with the International Covenant on Civil and Political Rights, particularly in relation to the right to freedom of expression” we regret the government’s lack of explicit commitment to review legislation that impose unnecessary and disproportionate restrictions on freedom of expression, such as the Anti-Terrorism Law and the 2015 Cybercrime Law. 

We are further concerned that there are tight state controls on CSOs’ registration, funding and activities and that there is a lack of commitment to review the 2009 Law on Societies which restricts the work of CSOs. In addition, the government has yet to reform the Labor Code in order to comply with the Jordanian constitution, Constitutional Court decision No. 6 of 2013 and international labor standards, so that all workers in the public and private sectors have the right to form trade unions by removing all restrictions in the Jordanian labor law and the civil service bylaw. 

We also note that since the last UPR, regular protests have been staged calling for rights-based social and economic reforms. These calls should be taken into consideration and integrated in the Government’s plan, including in its efforts on the implementation of the Agenda 2030 and the SDGs. 

Madame Vice-President, we call on Jordan to implement recommendations it accepted on promoting the right to freedom of expression and further commit to review legislation that imposes unnecessary and disproportionate restrictions on the freedom of expression. Specifically, we urge the government to remove the provisions under the the Law on Associations that unduly restrict the activities and funding of civil society organisations. 

Civic space in Jordan is rated as Obstructed by the CIVICUS Monitor

See our joint submission on Jordan for the UN Universal Periodic Review 

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

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

Declaración en el Consejo de Derechos Humanos de las Naciones Unidas de Amaru Ruiz, Fundación del Río

La crisis en Nicaragua persiste hasta la fecha, la represión sistemática de las manifestaciones ha suprimido efectivamente las movilizaciones, debido a esto el monitor Civicus ha incluido a Nicaragua en la lista de países de la Lista de Vigilancia. Los defensores de los derechos humanos, los periodistas y los opositores políticos se enfrentan a la criminalización y el acoso de agentes de seguridad y grupos civiles pro-gubernamentales. A fines de 2020, la Comisión Interamericana de Derechos Humanos informó que aún había más de 100 presos políticos en Nicaragua. 

Si bien cientos de presos políticos fueron liberados en 2019 y 2020, muchos de ellos aún están siendo sometidos a vigilancia, represalias y re-encarcelamiento. En los últimos meses ha habido un aumento en el uso de cargos penales comunes, como posesión de drogas y armas, para condenar a quienes se perciben como opositores al gobierno mientras niegan su condición de presos políticos.  

Las autoridades nicaragüenses han tratado de silenciar a la prensa independiente, incluso mediante la detención de periodistas y el estrangulamiento. Desde finales de 2020, los legisladores pro-gubernamentales han incrementado los ataques contra la sociedad civil, promulgando una serie de leyes diseñadas para reducir el espacio para las libertades de asociación, reunión y expresión. Este es el caso de la "Ley de Agentes Extranjeros, la Ley Especial de Delitos Cibernéticos y una reforma al Código Penal del país que permite la prisión preventiva sin cargos por hasta 90 días. 

El informe sobre libertad de asociación realizado por Fundación del Rio y Fundación Popolna, puso de manifiesto el proceso de deterioro sistemático del ambiente habilitante para las diversas formas de organizaciones sociales, con patrones de falta de acceso a la justicia y el debido proceso. Esta situación está conduciendo a un eventual cierre forzoso de varias las organizaciones civiles nicaragüense y la salida del país de organizaciones internacionales que no están dispuestas a someterse al marco legal de criminalización que se ha institucionalizado. 

Con las elecciones aun sin garantias y programadas para finales de este año, nos preocupa seriamente que la represión se intensifique, poniendo a los defensores de los derechos humanos y a la sociedad civil en general en mayor riesgo. 

Los estados miembros del Consejo de derechos humanos deben apoyar una resolución firme que exija un mayor monitoreo por parte del alto comisionado para promover los procesos de rendición de cuentas y evitar que la situación se deteriore aún más a medida que Nicaragua se dirige hacia las elecciones. 

Calificación de su espacio cívico: 'Reprimido' del CIVICUS Monitor

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

Manushya Foundation, CIVICUS and the Asian Forum for Human Rights and Development (FORUM-ASIA) call on the Government of Lao PDR to remove all unwarranted restrictions on civic space in the country ahead of its human rights review to be held at the United Nations (UN) in January-February 2020. The review will mark five years since UN member states made 33 recommendations to the Lao government that directly relate to barriers to open civic space. As of today, the government has partially implemented only three recommendations.

Following its last review in 2015 , the government of Lao PDR committed to reassess the policy framework and restrictions on domestic and international civil society organisations and facilitate an enabling environment for them; to fully respect and ensure freedom of expression by revising legislation; to ensure freedom of assembly in accordance with the International Covenant on Civil and Political Rights (ICCPR); and to investigate individual cases such as the enforced disappearance of Sombath Somphone. 

In a joint submission to the third Universal Periodic Review (UPR) of Laos, our organisations assess the current human rights situation to track compliance with these recommendations and international human rights standards. The submission finds that Lao PDR’s persistent failure to uphold its commitments has resulted in continued unwarranted restrictions to civic space and acute shortcomings with respect to the right to freedom to freedom expression, assembly and association, and in the protection of human rights defenders.

“Using unwarranted defamation, libel, and slander charges, justified by vague claims of ‘national interests’, the government increasingly restricts any speech or actions that would highlight corruption or the violation of rights resulting from development projects and investments, specifically those related to land and sustainable development.” said Emilie Pradichit, Founder & Director of Manushya Foundation. “The Lao government must immediately repeal or amend legislations that do not comply with international standards and obligations through transparent and inclusive mechanisms of public consultation, end the harassment and intimidation against persons who speak up, and provide effective remedy in cases where the rights of individuals have been denied or violated.” 

Manushya, CIVICUS and FORUM-ASIA are seriously concerned about the pervasive control exercised by the government over civil society, and the severe restrictions faced as a result. Extensive surveillance, reprisals and the criminalisation and enforced disappearance of human rights defenders have created an environment in which it is all but impossible to speak out. The right to freedom of expression, peaceful assembly and association are guaranteed in the Constitution of Lao PDR, and its obligations under the ICPPR. However, the legal framework – including broadly formulated, restrictive and conflicting provisions in the Constitution, the Penal Code, and other laws, as well as government decrees passed without oversight – serves to limit any independent action or information, and criminalise any expression perceived as critical of the government. All actions taken and information shared must undergo a lengthy process of state approval and organisations are forced to maintain close ties with the State, making independent human rights organisations virtually non-existent. 

“The laws, policies and practices of the Lao government restrict any legitimate activities that they believe could threaten the state. Constant monitoring and the detention of activists such as Bounthanh Thammavong, Lodkham Thammavong, Soukane Chaithad, Somphone Phimmasone, and the enforced disappearance of Sombath Somphone, has compounded this chilling effect to the extent that activists and journalists now avoid using ‘human rights’ language in their work,” said Josef Benedict, Civic Space Researcher at CIVICUS. “States must question these actions of the Lao government that allow for impunity for violations of civic freedoms and press the government to create a safe, respectful and enabling environment that is free of undue hindrances, obstruction, legal or administrative harassment.”

Manushya, CIVICUS and FORUM-ASIA also urge the member states of the United Nations (UN) to use the UPR of Laos to ensure increased transparency and accountability through law and practice in order to protect and promote the rights of civil society in Laos, especially those of human rights defenders, civil society activists, and journalists.

“The Universal Periodic Review of Laos is an important opportunity to hold the Lao government accountable for ongoing, serious violations of fundamental freedoms and human rights,” concluded Ahmed Adam of FORUM-Asia. “The international community cannot afford to ignore the permanent closure of civic space and criminalisation of legitimate exercise of freedom of expression, peaceful assembly as well as work of human rights defenders in Lao.  International scrutiny is necessary to improve the human rights situation in Lao, particularly given that the government has done nothing to change a situation that has been ongoing for decades.”

The CIVICUS Monitor, an online platform that tracks threats to civil society in countries across the globe, rates the space for civil society in Laos as closed.

For more information or to arrange an interview, please contact:

(EN) Josef Benedict, Civic Space Researcher, CIVICUS, +6010-4376376,

(EN & Lao) Emilie Pradichit, Founder & Director, Manushya Foundation, +66 (0) 92-901-5345,   

(TH) Suphamat Phonphra, Programme Officer, Manushya Foundation, +66 (0) 83-578-9879,   

(EN) Ahmed Adam, UN Advocacy Programme Manager, Asian Forum for Human Rights and Development (FORUM-ASIA), +41 (2) 10-826-4345,

Open Letter: UN member states must highlight Laos’s severely restrictive civic space environment at its upcoming UN human rights review

Your Excellency,

As you will be aware, Lao People's Democratic Republic (Lao PDR) will face its third review under the UN’s UPR mechanism on 21 January 2020.

Following its last review in 2015, the government of Lao PDR committed to reassess the policy framework and restrictions on domestic and international civil society organisations and facilitate an enabling environment for them; to fully respect and ensure freedom of expression by revising legislation; to ensure freedom of assembly in accordance with the International Covenant on Civil and Political Rights (ICCPR); and to investigate individual cases such as the enforced disappearance of human rights defender Sombath Somphone.

In total, member states made 33 recommendations to the Lao government that directly relate to barriers to open civic space. Since then, the government has partially implemented just three of these recommendations.

In a submission to this UN review cycle, the Manushya Foundation, FORUM ASIA and CIVICUS outlined some of the most serious concerns facing civil society in Lao PDR. The submission found that the country’s persistent failure to uphold its commitments has resulted in continued unwarranted restrictions to civic space and acute shortcomings with respect to right to freedom to freedom expression, assembly and association, and in the protection of human rights defenders.

In Laos’s pre-UPR session, held in December 2019, independent civil society organizations highlighted that the situation for fundamental freedoms had worsened, particularly in relation to online surveillance.

We are encouraged by Laos’s renewed commitment to the sustainable development goals which it reaffirmed during its UPR pre-session. However, we remind states, and the Lao government, that civic space is central to the achievement of all of the SDGs, and without engagement of independent civil society, any improvements in SDGs are cosmetic at best.

Based on our research, the government continues to exercise pervasive control over civil society, which faces severe restrictions as a result. Extensive surveillance, reprisals and the criminalisation and enforced disappearance of human rights defenders have created an environment in which it is all but impossible to speak out.

While the right to freedom of expression, peaceful assembly and association are guaranteed in the Constitution of Lao PDR, an array of restrictive laws and government decrees continue to exist that serves to restrict civic freedoms and criminalise any expression perceived as critical of the government. This lack of civic space has meant many people fear speaking up about corruption or the violation of rights resulting from development projects and investments, specifically those related to land and sustainable development.

A new Decree No. 238 on Associations that came into effect in November 2017 imposes severe restrictions on civil society organisations (CSOs) and force CSOs to maintain close relations with the state, making independent human rights organisations virtually non-existent. Further, international CSOs also face challenges operating in the country.

The UN Special Rapporteur on extreme poverty and human rights said in March 2019 after his visit to Lao PDR that he “received countless reports from people inside the country and who have recently fled Laos about the extent to which people feel they are not able to speak freely and fear reprisal for expressing criticism of government policies”.

Given this environment, and the lack of political will demonstrated thus far by the government of Lao PDR to uphold its civil space obligations, we urge states to ensure that civic space remains a key issue raised during this third cycle of Laos’s UPR.

This means ensuring freedom of association, freedom of expression, freedom of peaceful assembly, the right to operate free from unwarranted state interference, the right to communicate and cooperate, the right to seek and secure funding, and the state’s duty to protect. At a minimum, such recommendations should include:

• Take measures to foster a safe, respectful, enabling environment for civil society, including through removing legal and policy measures, which unwarrantedly limit the right to association.
• Relevant laws and regulations should be revised - in particularly, Decree No. 238 on Associations and Decree No. 13 of 2010 on INGOs - to guarantee that undue restrictions on freedom of association are removed and to bring them into compliance with 22 of the ICCPR.
• Ensure that human rights defenders are able to carry out their legitimate activities without fear or undue hindrance, obstruction or legal and administrative harassment.
• Establish a new commission tasked with carrying out a prompt, thorough, independent, and impartial investigation aimed at determining the fate or whereabouts of human rights defender Sombath Somphone.
• Ensure freedom of expression and media freedom by all bringing national legislation into line with international standards. In particular, Article 65 the Penal Code (propaganda against the state), the Media Act of 2008 and Decree No. 327 on Internet-Based Information Control/Management, should be reviewed to ensure that national legislation are in line with the best practices and international standards in the area of freedom of expression.
• Extend a standing invitation to all UN Special Procedures mandate holders and prioritize official visits with 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.

Yours sincerely,

Emilie Pradichit, Director, Manushya Foundation    
Ahmed Adam, Programme Manager, United Nations Advocacy, FORUM-ASIA
David E. Kode, Advocacy & Campaigns Lead, CIVICUS: World Alliance for Citizen Participation

Statement at 47th Session of the UN Human Rights Council

Adoption of the Universaly Periodic Review report of the Lebanese Republic

CIVICUS welcomes Lebanon’s participation in the UPR process and for accepting 20 recommendations relating to civic space during this UPR cycle. However, in our joint UPR submission with partners we documented that since its last review, the Lebanese Republic has not implemented or taken any concrete steps to implement 5 of the 6 recommendations relating to civic space made in 2015.

The Lebanese authorities continue to use excessive force against peaceful protesters when ever they demonstrate and attack journalists and representatives of the media who cover the protests. For example, security forces used excessive force and violence against protesters in August 2020 when the demonstrators called for an end to corruption and for accountability and independent investigations into the 4 August 2020 blast in Beirut. We urge Lebanon to implement as a priority recommendations relating to excessive use of force and freedom of peaceful assembly.

Members of the LGBTI community are regularly subjected to harassment and persecution through vague and discriminatory laws.  Events are shut down and activists are summoned for interrogation.  

Freedom of expression and media freedoms continue to deteriorate in Lebanon.   During the October 2019 protests, more than a hundred journalists and media workers were attacked as they covered the demonstrations and many of these attacks were perpetuated by government agents. Many of these attacks were captured on video yet those responsible have not been held accountable. This failure or unwillingness of the government to hold those responsible to account emboldens the perpetrators with a high sense of impunity.

We are also concerned about the killing of Lebanese human rights defender Lokman Slim who was found in his car by the Lebanese police after he was shot dead in February 2021 in the South of Lebanon. He advocated for the rights of Syrian refugees in Lebanon and documented war crimes in Lebanon and Syria.

CIVICUS and partners calls on the Government of Lebanon 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 Lebanon is rated as ‘obstructed’ by theCIVICUS Monitor.

To Missions of UN Member States
(delivered by email on 22 March)

We are writing to you with regards to the human rights situation in Cambodia. Since the 2013 general elections, civic space in Cambodia has become increasingly repressed. The authorities have systematically misused the criminal justice system to silence government critics and civil society organisations (CSOs).

In the run-up to Cambodia’s 2018 general elections, the Supreme Court in Cambodia ruled to dissolve the Cambodian National Rescue Party (CNRP) effectively ending the main political opposition to Prime Minister Hun Sen. The move, which transforms Cambodia into a single party state, has drawn widespread condemnation from across the globe.

Human rights defenders have been harassed and prosecuted for their peaceful human rights work. Further, the controversial and vaguely worded ‘Law on Associations and Non-Government Organisations’ has imposed sweeping restrictions on CSOs in Cambodia. Independent media outlets are struggling to stay afloat amidst the harsh treatment of critical and dissenting voices by the authorities. In September 2017, the English-language Cambodia Daily was forced to shut down its operations after the authorities gave its publishers 30 days to pay a USD 6.3 million tax bill, a move widely viewed as arbitrary. The same month, Radio Free Asia ceased operations in Cambodia, citing the restrictive media environment. 

The 37th session of the UN Human Rights Council offers an opportunity for states to raise these concerns with the Cambodian government. We understand that a joint statement has been drafted by New Zealand under Item 2. As a member of the UN Human Rights Council, a champion of civic space, and a key democratic voice in the Asia Pacific region, we would like to urge the South Korean government to support this statement and to send a strong message to Cambodia that plurality and diversity in voices, political groups, civil society and the media should be encouraged and protected, particularly during politically charged periods such as elections.
 

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.

Voir nos priorités de plaidoyer et notre programme d'activités lors de la 43ème session du Conseil des droits de l'homme des Nations unies.

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 below

CIVICUS 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.

See our wider advocacy priorities and programme of activities at the 43rd Session of the UN Human Rights Council

In a joint paper released today, a group of 12 NGOs encourage States to more systematically use civic space indicators as objective criteria for action at the UN Human Rights Council. “Mainstreaming civic space in State interventions at the UN Human Rights Council” makes the case for greater protection of human rights defenders (HRDs) and other civil society actors through State interventions at the Council, which is the UN’s principal human rights body. 

In February 2020, the UN Secretary-General launched a global “Call to Action” in which he made clear that threats against HRDs (especially women HRDs) and journalists are increasing, and that governments restricting civic space “is frequently a pre­lu­de to a more general deterioration in human rights.” This paper, which was developed by DefendDefenders in collaboration with partners (11 other members of the HRCnet network), highlights the value of the “objective criteria” approach, including at an early stage, whenever human rights concerns are mounting in a specific situation. 

States should use civic space indicators to objectively assess human rights situations. Among the objective criteria they can use, civic space restrictions (such as attacks against HRDs, civil socie­ty actors and independent voices, and an overall shrinking spa­ce for civil society) are often early warning signs of human rights crises. Civic space indicators can also be used to assess progress at the national level. 

As shown in a recent Council report, the Council’s “prevention mandate” re­mains under-utilised. By taking into account key civic space developments, States could engage in more mea­ningful action and, where the situation warrants it, in preventative engagement with the countries concerned. 

The paper suggests areas where action is possible, using civic space indicators in a systematic manner. These areas include individual and joint State statements at the Council, thematic debates, resolutions, the Universal Periodic Review (UPR) process, and special sessions and urgent debates. 

Ultimately, nothing meaningful can happen without States’ political will to address country situations more objectively and decisively. Civic space indicators need to be part and parcel of States’ assessments and interventions at the Council. 

Read the full paper. 

Signatories:
1. DefendDefenders
2. African Centre for Democracy and Human Rights Studies (ACDHRS)
3. Asian Forum for Human Rights and Development (FORUM-Asia)
4. Cairo Institute for Human Rights Studies (CIHRS)
5. Centro de Estudios Legales y Sociales (CELS)
6. CIVICUS
7. Commonwealth Human Rights Initiative (CHRI)
8. Conectas Direitos Humanos
9. Egyptian Initiative for Personal Rights (EIPR)
10. Human Rights Law Centre
11. International Service for Human Rights (ISHR)
12. Southern Africa Human Rights Defenders Network (SAHRDN)

Statement at 46th Session of the UN Human Rights Council

Universal Periodic Review on Human Rights -- Outcome Adoption for Malawi

We welcome Malawi’s engagement in the UPR process.

In our report submitted to the review, CIVICUS, the Centre for Human Rights and Rehabilitation (CHRR) and the Centre for the Development of People (CEDEP) set out the challenges facing Malawi in realization of fundamental freedoms.

Authorities have routinely restricted freedoms of assembly, association and expression by violently dispersing peaceful protests, arresting human rights defenders and targeting independent media outlets.  In the aftermath of the May 2019 elections, human rights defenders were subjected to smear campaigns, judicial persecution and detention by the authorities. 
 
Restrictive provisions in the Penal Code and the Cyber Security Law adopted in 2016 were used to limit freedom of expression and target journalists, bloggers and media houses.

Malawi has so much more to do to protect journalists and human rights defenders. Indeed, During its last cycle Malawi agreed to fully investigate all cases of harassment and intimidation of journalists and human rights defenders with a view to bringing the perpetrators to justice and to ensure the protection of human rights defenders. These pledges have not been implemented. For example, in the run-up to the fresh election held in June 2020, there was an increase in acts of violence and intimidation of journalists by officials of the then ruling party, the Police and other government institutions. In August 2020, journalists from the independent Mibawa Television Station, Times Media Group and others, were subjected to threats, harassment and smear campaigns for comments made about the Covid-19 pandemic.
  
For Malawi to enact meaningful and sustainable human rights progress, it must not only put rule of law and fundamental freedoms at the center of government actions and policies. It must also ensure that there is space for human rights defenders, journalists and all members of civil society to criticize, to speak out, to peacefully assemble. Creating an enabling environment is key to the implementation of all the recommendations Malawi received this cycle. States who made such recommendations now have a responsibility to those on the ground to ensure Malawi’s promises are kept.

Civic space in Malawi is rated as obstructed by the CIVICUS Monitor

UN Human Rights Council – 40th Session
15 March 2019
Oral Statement

Pusat Komas and CIVICUS welcome the government of Malaysia’s engagement with the UPR process.

While we welcome the commitments of the Malaysian government to ratify all core UN human rights treaties during the UPR review, we regret the decision of the government in November 2018 not to ratify the International Convention on the Elimination of All Forms of Racial Discrimination. We are concerned by the lack of a clear timetable to ratify the other core treaties.

We note commitments made during the UPR review to repeal the draconian Sedition Act and other laws that restrict fundamental freedoms. However, since the review we regret that a moratorium on the use of these laws has been lifted and there have been arrests of individuals under the Sedition Act for exercising their right to expression. We are also concerned that the Sedition Act and the Communications and Multimedia Act have been used by the police to interrogate human rights defenders, including human rights lawyer Fadiah Nadwa Fikri and Sevan Doraisamy, the director of rights group SUARAM, simply for expressing their opinions. The government has also failed to denounce racism and bigotry by opposition political leaders.

We note that recommendations were made to respect freedom of assembly, including to review the Peaceful Assembly Act which contains provisions inconsistent with international law. However, we are concerned that activists continue to face arrests for their involvement in demonstrations. Student activists Asheeq Ali and Siti Nurizzah were arrested for a peaceful sit-in at the Ministry of Education in September 2018.

Mr President, we call on Malaysia to implement the recommendations it accepted on protecting fundamental freedoms and immediately review or repeal all restrictive laws that undermine civic space, immediately halt their use against government critics, and to create an enabling environment for CSOs and human rights defenders.

Civic space in Malaysia is rated as Obstructed by the CIVICUS Monitor

See our joint submission on Malaysia for the UN Universal Periodic Review 

Statement at the 44th Session of the UN Human Rights Council

Interactive Dialogue with the Special Rapporteur on extreme poverty

Thank you, Madame President; Special Rapporteur.

CIVICUS and North South Initiative welcome the strong report of the Special Rapporteur on his country visit to Malaysia, which highlights the plight of millions of people including migrants, refugees and stateless people who are systematically excluded from official poverty figures and neglected by policymakers.

We share his concern that migrant workers in Malaysia are set up for exploitation by unscrupulous recruitment agents and employers, a harsh immigration policy and a lack of enforcement of labour protections. Refugees and asylum seekers exist in extremely precarious conditions unable to work or enroll in government schools. Civil society groups have been calling for a single entity to manage migrant workers to ensure better protection of their rights and reduce the risks of them becoming victims of corruption. 

CIVICUS research has shown has that migrants and refugees in Malaysia want to participate in the societies they call home. But they continue to face barriers and restrictions in exercising their freedoms of expression, peaceful assembly and association, all but ensuring ongoing perilous and precarious conditions.

Migrant workers and refugees say that among the challenges they face in speaking out include, a lack of access to information, fear of being fired, detained or deported and harassment or intimidation. The right to assemble in the 2012 Peaceful Assembly Act does not extend to foreigners including migrant workers and refugees – in contravention of international human rights law and standards. Refugee and migrant workers also face various restrictions in exercising their freedom of association.

Since the COVID-19 pandemic emerged earlier this year there has been a crackdown on migrant workers. The UN has noted increased xenophobia and hate speech against them by individuals affiliated with the government and human rights defenders have been threatened for supporting migrants. 

We call on the government of Malaysia to immediately take steps to implement the recommendation of the special rapporteur for a comprehensive new approach to migrant and refugee policies that provides them protection, guarantees their civic freedoms and enables a route out of poverty and precarity. We also urge the government to make public the final report and recommendations by the Special Committee on Foreign Worker Management setup by the government.

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,  
 

ARTICLE 19, CIVICUS: World Alliance for Citizen Participation, the International Center for Not-for-Profit Law (ICNL), and the World Movement for Democracy (the Civic Space Initiative) welcome Dr. Annalisa Ciampi as the new mandate holder of UN Special Rapporteur on the rights to freedom of assembly and association, and congratulate her on her appointment.

UN Human Rights Council – 40th Session
15 March 2019
Oral Statement

CIVICUS welcomes the government of Mexico's engagement with the UPR process.

However, in our joint UPR submission with the Front for the Freedom of Expression and Social Protest (FLEPS), we documented that since its last review Mexico has not implemented 25 of the 26 recommendations that it received relating to civic space, most of which concerned the effectiveness of the Protection Mechanism for human rights defenders. While some progress has been made in the implementation of this mechanism, there is a worryingly insufficient emphasis on prevention and a neglect of investigations, resulting in persistent human rights violations against human rights defenders and impunity for the crimes committed against them. Most recently, indigenous activist Samir Flores was killed to silence his fight against the construction of a gas pipeline and gas power plant, the Proyecto Integral Morelos (PIM). 

As detailed in our submission, Mexico also continues to be the world’s deadliest country for journalists, who are routinely threatened and physically attacked. Those who express criticism of the powerful in radio, television, print or digital media all run the same risks as human rights defenders and are often forced to censor themselves.

Additionally, no progress has been observed towards media pluralism, and a deliberate and systematic use of official advertising to domesticate the independent press has been observed. Excessive criminal provisions on defamation, slander and insult continued to be used against journalists and the media.

As detailed in our submission, the right to assemble is also being restricted under the 2017 Interior Security Law and through the use of geolocation, data retention technologies and the suspension of phone services.

We call on the Government of Mexico to take proactive measures to address these concerns. 

Civic space in Mexico is rated as Obstructed by the CIVICUS Monitor

See our joint submission on Mexico for the UN Universal Periodic Review 

Statement at 48th Session of the UN Human Rights Council

Universal Periodic Review outcome adoption of Mozambique

Delivered by Lisa Majumdar

Thank you, Madame President.

We welcome Mozambique’s engagement with the UPR process, and its acceptance of 24 recommendations relating to civic space.

However, during its last UPR cycle, while Mozambique received 13 civic space recommendations, nine of these were not implemented. CIVICUS and JOINT – Liga das ONG em Moçambique are deeply concerned by the unwarranted restrictions on the freedom of expression and the deteriorating environment in which journalists and civil society activists operate. Physical attacks, intimidation and harassment are becoming increasingly common.

In August 2020, the headquarters of media outlet Canal de Moçambique was broken into and set on fire with petrol bombs. The media outlet had previously investigated and reported on corruption and the armed conflict in Cabo Delgado.

Physical attacks, intimidation and harassment of journalists and civil society activists have become increasingly common. Community radio journalist Ibraimo Abu Mbaruco’s whereabouts are still unknown since his disappearance in April 2020 in Palma, Cabo Delgado. In his last text message, he reportedly said he was “surrounded by the military”. In October 2019, Anastácio Matavel, civil society activist and founder and director of FONGA-Gaza NGO Forum, was shot and killed in Xai-Xai, Gaza Province, after attending a training session on election monitoring.

We regret that Mozambique did not accept recommendations related to access to conflict zones by civil society and the media and the registration of LGBTIQ associations. Authorities have denied CSOs and journalists access to work in and report from areas affected by the armed insurgency in Cabo Delgado and neighbouring provinces where there is a heightened presence of internally displaced people.

The Associação Moçambicana para a Defesa das Minorias Sexuais, LAMBDA, an organisation working on sexual minority rights, has been denied a certificate of registration by the Minister of Justice since 2008, despite a ruling by the Constitutional Court in October 2017 stipulating that the clause invoked to deny its registration is unconstitutional.

We call on Mozambique to further engage constructively with the UPR process by implementing the recommendations it has accepted, and we call on member states to hold Mozambique accountable for upholding its commitments.

We thank you.

Civic space in Mozambique is rated as obstructed by the CIVICUS Monitor

Special session of the Human Rights Council on the human rights implications of the crisis in Myanmar

CIVICUS thanks the UK and EU for your leadership in calling for this Special Session. The situation in Myanmar for our partners and members is grave, critical and moving fast; the risk of increasingly severe violations to fundamental freedoms and a rapidly deteriorating human rights situation cannot be overstated. We welcome that the Council, led by the UK and the EU, is willing and able to respond to this emergency with speed. 

The people of Myanmar have spoken, and continue to speak out, at grave personal risk. The High Commissioner for Human Rights has already raised deep fears of a violent crackdown on dissenting voices. We see the beginning of this crackdown already. Activists have been detained; peaceful protesters suppressed with excessive force. Journalists have been threatened. Internet was briefly shut down, plunging the country into a communication blackout and there are plans to introduce new restrictive cyber laws. 

The warning signs are ominous: Myanmar risks returning to the days of mass incarceration of human rights defenders and pro-democracy activists, violent crackdowns on mass protests, and isolation both inside and outside.  

Steps taken towards democracy, however tentative and fragile and imperfect, must be protected and a return to military dictatorship prevented.  

The most valuable role for the Human Rights Council at this critical point would be to put into place measures of enhanced monitoring and reporting which protects those on the ground subject to human rights violations, contributes to further action if necessary, and forwards accountability for such violations. It is essential that a strong resolution is adopted by the Council to achieve this. 

The opportunity for the Council to take strong action to this end is right in front of it. 

Civic space in the Myanmar is rated as Repressed by the CIVICUS Monitor