human rights

Sri Lanka: Civil society subjected to intensified military surveillance and other restrictions
Joint Statement at the 44th session of the Human Rights Council

Interactive dialogue with the Special Rapporteur on the rights to freedom of peaceful assembly and of association

Thank you, Madam President.

As the Special Rapporteur’s report demonstrates, the space for Sri Lankan civil society is rapidly shrinking. For several months now, civil society organisations have been subject to intensified military surveillance and questioning by different government authorities.

Worryingly, the COVID-19 pandemic has been exploited by the Sri Lankan government to impose restrictions on the rights to freedom of expression, association and peaceful assembly, resulting in the arrest and detention of social media commentators like Ramzy Razeek. Senior lawyer and minority and civic rights activist, Hejaaz Hizbullah, who was arrested and detained on suspicion of offences under the draconian Prevention of Terrorism Act, has now been detained for close to three months without being produced before a judge, after having been misled to believe that the authorities were visiting his house to discuss his potential exposure to COVID-19.

Since January 2020, the Government of Sri Lanka has established multiple Presidential Task Forces. Decisions have been taken with no oversight by Parliament. The Presidential Task Force to build a “Secure Country, Disciplined, Virtuous and Lawful Society” is fully comprised of security sector personnel and given an ambiguous mandate. Sri Lankan civil society has raised a serious concern that the task force can extend military control over civilian life. Its power can be abused to curtail dissenting voices which are deemed to be “harmful to the free and peaceful existence of society”. The increased deployment of military personnel along with the police, and the disproportionate use of force against peaceful protesters, as observed recently, are also alarming.

Considering growing concerns over shrinking space for dissent domestically, the Council remains effectively the only forum where Sri Lankan civil society has the possibility to engage openly in dialogue with the Government and other States on human rights concerns in Sri Lanka, and even this space is increasingly under threat due to deepening risks of reprisals against Sri Lankan civil society actors who speak at the Council. Those human right defenders are increasingly vilified as “traitors” in both mainstream and social media.

Given Sri Lanka’s announced withdrawal from its commitments to the implementation of resolution 30/1, and the clear and consistent recommendations by the OHCHR that the Council should monitor progress towards accountability, the Council needs to take a more robust approach on Sri Lanka. Against this backdrop, we encourage the Special Rapporteur to continue to follow up on the situation and urge the Human Rights Council to enhance its monitoring of Sri Lanka’s compliance with international human rights law, including to ensure that human rights are protected throughout the forthcoming general elections.

Amnesty International
CIVICUS
Forum Asia
Franciscans International
Human Rights Watch
International Movement Against All Forms of Discrimination and Racism
ISHR
Minority rights group international

Civic space in Sri Lanka is currently rated as Obstructed by the CIVICUS Monitor

Current council members:

Afghanistan, Angola, Argentina, Armenia, Australia, Austria, Bahamas, Bahrain, Bangladesh, Bulgaria, Burkina Faso, Cameroon, Chile, Czech Republic, Democratic Republic of the Congo, Denmark, Eritrea, Fiji, Germany, India, Indonesia, Italy, Libya, Marshall Islands, Mauritania, Mexico, Namibia, Nepal, Netherlands, Nigeria, Poland, Pakistan, Peru, Philippines, Qatar, Republic of Korea, Senegal, Slovakia, Somalia, Sudan, Spain, Togo, Ukraine, Uruguay, Venezuela

Civic space ratings from the CIVICUS Monitor

OPEN NARROWED OBSTRUCTED REPRESSED CLOSED
Sri Lanka: Concerns about missing persons and possible changes to the Constitution
Joint statement at the 43rd Session of the UN Human Rights Council
CIVICUS, IMADR, International Service on Human Rights, Franciscans International, Human Rights Watch, Forum Asia, Minority rights group international

We are deeply concerned by indicators of a significant backsliding on human rights in Sri Lanka, underscored by the government using their address to the Council this week to go back on the important commitments made by Sri Lanka through HRC resolution 30/1.

Sri Lankan authorities’ indication to revoke the 19th amendment to the Constitution would remove check and balances on the executive and seriously jeopardise the independence of the judiciary and relevant commissions. The Government is reportedly considering reviewing the Office on Missing Persons (OMP) Act. Similarly, the President’s recent callous comments about the fate of thousands of missing persons without any conclusion of investigations in line with international law have added to the distress of families of the disappeared. A Gazette on 22nd January granted powers to a Commission of Inquiry (CoI) to scrutinise investigations into emblematic cases. The COI has attempted to halt criminal proceedings against navy officers accused of the disappearance and killing of eleven youth. We echo the High Commissioner’s concern on the promotion of several military officers who are named in the OISL report for violations of international law.

Since November 2019, the Ministry of Defence has been assigned as the oversight body for NGOs, significantly increasing the risk of their surveillance. More than a dozen human rights and media organisations have received intimidating visits from law enforcement and intelligence agencies, while death threats against journalists have resumed. The climate of fear has returned to Sri Lanka, in particular among those who continue to call for truth, justice and accountability. Relentless campaigns against minorities also require immediate attention.

We urge this Council to hold Sri Lanka accountable to its obligations under international law. Given this week’s announcement that the new Government will not continue to engage with the clear framework agreed through resolution 30/1; the failure of past domestic reconciliation and accountability mechanisms; and the ongoing compromise of the rule of law as pointed out by the High Commissioner yesterday, we call on the Council to establish an international accountability mechanism on Sri Lanka.

Civic space in Sri Lanka is rated as Obstructed by the CIVICUS Monitor (see country profile page)
Sri Lanka: End Arbitrary Detention of Student Activist
Wasantha Mudalige Held 150 Days Under Draconian Prevention of Terrorism Act

The Sri Lankan government should immediately end the arbitrary detention of Wasantha Mudalige, a student activist who was arrested on August 18, 2022, 7 human rights organizations said today. Since August 21, Mudalige, 29, has been held on orders signed by President Ranil Wickremesinghe under the Prevention of Terrorism Act (PTA), a draconian law that the government has long promised to repeal.

A hearing on Mudalige’s bail application has been scheduled for Hulftsdorp Magistrates Court on January 17, 2023. Under the PTA, the court does not usually grant bail if the Attorney General's Department, acting on the government’s behalf, opposes it.

The Sri Lankan government detained Mudalige as part of its crackdown since an economic crisis in 2022 sparked largely peaceful protests demanding governance reform and action against alleged official corruption. The government responded by giving sweeping powers to the police and military, which used unnecessary and excessive force to disperse demonstrations and arrest hundreds of people, including many students.

Many of those detained have since been released on bail. However, the authorities have used extraordinary powers under the Prevention of Terrorism Act to keep Mudalige in detention despite having produced no evidence of any involvement in “terrorism.” As convenor of the Inter University Students' Federation, he had taken a prominent part in the protests. Much of the time he has been held in solitary confinement and poor conditions, which can violate the prohibition on torture or other ill-treatment under international human rights law.

In December, Mudalige required hospital treatment for breathing difficulties. His family and his lawyer have expressed concern for his safety and his health in detention. On October 4, the Human Rights Commission of Sri Lanka issued a notice calling for the police to protect Mudalige’s safety in custody.

The Prevention of Terrorism Act allows for up to a year of detention without charge on the orders of the defense minister, who is currently President Wickremesinghe. Since it was introduced as a “temporary” measure in 1979, the law has been used particularly to target members of the Tamil and Muslim communities, and to stifle dissenting voices including journalists and human rights defenders. The United Nations and human rights groups have repeatedly documented that the PTA has been used to enable prolonged arbitrary detention and torture or other ill-treatment.

Successive Sri Lankan governments, including the present administration, have repeatedly pledged to repeal the PTA and replace it with rights-respecting legislation – most recently to the European Union in October. Yet the government continues to use the law to violate human rights, in breach of its own domestic and international commitments.

On August 18, the authorities arrested Mudalige along with 19 other people during a protest in Colombo that the police violently disrupted using excessive force. Two others arrested that day were also detained under the PTA, but both have since been released without charge. Hundreds of people arrested under ordinary criminal legislation for offenses allegedly committed during the 2022 protests, such as damage to public property, have also been released on bail.

During the first three months of his detention, Mudalige was shuttled between two detention centers run by the police Terrorism Investigation Department. One is a dilapidated and abandoned prison unfit to hold prisoners. He and the other detainees were held in solitary confinement, in cramped cells without access to basic facilities including sanitation and sunlight. Holding people in such conditions violates the international legal prohibition on torture or other cruel, inhuman or degrading treatment. Prisoners suffered ill health, apparently as a result of the conditions in the jail and lack of treatment.

The abuse of counterterrorism legislation to arbitrarily detain a student activist involved in non-violent protest has a chilling effect on the rights to freedom of expression, association and peaceful assembly, the groups said. President Wickremesinghe has called anti-government protesters “terrorists” and “fascists,” and threatened to renew a state of emergency and redeploy the military if fresh protests emerge amid the ongoing economic crisis. The authorities have continued to pursue other activists alleged to have participated in the 2022 protests.

On December 14, Mudalige was taken before a magistrate for the first time since he was detained. The magistrate ordered the attorney general to submit any evidence against Mudalige at the next hearing, on January 17, or to agree to bail. On January 5, the police took Mudalige before a magistrate and introduced new cases against him under ordinary criminal laws, related to other protests in which he purportedly participated in 2022.

The authorities have targeted Mudalige in the past for his activism. On August 3, 2021, he was arrested and jailed for more than three months after protesting for the right to free education. Thirteen human rights organizations issued an appeal against his detention.

The Sri Lankan authorities should immediately impose a moratorium on the use of the PTA, and promptly repeal it, the groups said. The authorities should immediately review the detention of anyone held under the PTA, ensuring adequate access to fair bail hearings. They should also release all protesters facing charges that do not meet international standards.

The government of Sri Lanka should fully respect the rights to freedom of expression and peaceful assembly.

Signed:

Amnesty International

Asian Forum for Human Rights and Development (FORUM-ASIA)

CIVICUS: World Alliance for Citizen Participation

Frontline Defenders

Human Rights Watch

International Working Group on Sri Lanka

Sri Lanka Campaign for Peace and Justice

Civic space in Sri Lanka is rated as Obstructed by the CIVICUS Monitor
Sri Lanka: Human Rights Under Attack
Lawyers, Human Rights Defenders and Journalists Arrested, Threatened, Intimidated
Sri Lanka: Lift restrictions on fundamental freedoms and investigate violations
CIVICUS, a global civil society alliance, is alarmed by the declaration of a state of emergency in Sri Lanka, the excessive use of force by the Sri Lankan security forces against protesters and restrictions on internet access following widespread demonstrations in the country.

There have been anti-government protests since early March 2022 as the country suffers its worst economic crisis in decades. Demonstrators accuse the government of mismanaging the economy and creating a foreign exchange crisis that has led to shortages of essentials such as fuel, cooking gas, milk powder and medicine.

Hundreds of protesters marched outside President Gotabaya Rajapaksa’s private residence on 31 March 2022. The peaceful protests turned violent when security forces deployed tear gas and water cannons leaving at least 50 injured. Dozens of protesters were arrested and some ill-treated. Eight journalists who were covering the protests were allegedly assaulted by security forces.

On 1 April 2022, a state of emergency was declared by the president in an effort to quell the protests. It allows authorities to arrest and detain suspects without warrants, and this severely restricts fundamental rights such as the freedoms of expression and assembly. Under the state of emergency, the authorities imposed a nation-wide 36-hour curfew. Despite this, thousands of protesters, including students, continued to take to the streets. According to reports at least 600 protesters were arbitrarily arrested on 2 and 3 April.

“Sri Lanka’s clampdown on civic space with the imposition of a state of emergency is extremely worrying. We urge the government to refrain from deploying violence against protesters and instead respect and protect peoples’ rights to peaceful protest. All those detained arbitrarily must be released and all abuses by security forces must be investigated and punished,” said Josef Benedict, Asia Pacific Researcher of CIVICUS.

The government has restricted internet access and social media platform for nearly 15 hours under the pretext of maintaining public and social order. On 2 April 2022, Thisara Anuruddha Bandara, a youth activist who actively promoted the #GoHomeGota social media campaign to oust the president - used widely during the protest - was arrested for allegedly ‘exciting disaffection’ against the president under Section 120 of the Penal Code. He was granted bail a day after.

“The government must halt any restrictions on internet access, including to social media platforms, which is a clear violation of the right to freedom of expression and information guaranteed by the constitution and under international human rights law. The authorities must also drop the charges against youth activist Thisara Anuruddha Bandara immediately,” added Josef Benedict.

CIVICUS has documented how the Rajapaksa administration has led an assault on civic space and fundamental freedoms since the President assumed power more than two years ago. There have been ongoing attempts to prevent and disrupt protests. This included imposing a ban on all protests under the pretext of COVID-19, arbitrary arrests of peaceful protesters and activists using the draconian Prevention of Terrorism Act (PTA), as well as criminalising dissenters. In March, the UN High Commissioner for Human Rights, Michelle Bachelet, similarly reported to the Human Rights Council that ‘the Government’s response to criticism has constricted democratic and civic space’.

As the party to the International Covenant on Civil and Political Rights (ICCPR), the Sri Lankan government has the duty to respect, protect and fulfil fundamental freedoms enshrined under the treaty. This includes the right to freedom of expression and peaceful assembly. Any use of force must only be the minimum amount necessary, targeted at specific individuals, and proportionate to the threat posed.

The protests and escalating economic crisis has led to the resignations of 26 ministers in the current cabinet leaving only the president, Gotabaya Rajapaksa, and his brother, Mahinda Rajapaksa, the prime minister.

Civic space in Sri Lanka is rated as obstructed by the CIVICUS Monitor.
Sri Lanka: Release poet and drop spurious charges against him
Joint Statement from CIVICUS and Asian Human Rights Commission (AHRC)

The arrest and ongoing detention of award-winning author and poet Shakthika Sathkumara on spurious charges are a clear violation of his right to freedom of expression, CIVICUS, the global civil society alliance and the Asian Human Right Commission (AHRC), said today ahead of his next court hearing on 18 June.

Shakthika Sathkumara was arrested on 1 April 2019 by the Polgahawela Police in response to a complaint alleging that Sathkumara’s short story ‘Ardha’ (Half) was derogatory and defamatory to Buddhism. The story is allegedly about homosexuality and child abuse in a Buddhist temple in Sri Lanka, and there is no evidence that the content contains anything that amounts to hate speech or defamation. He was initially remanded by the Polgahawela Magistrate’s Court until 9 April and has remained detained since his arrest. The Attorney General has twice rejected his bail request.

Sathkumara faces charges under the International Covenant on Civil and Political Rights (ICCPR) Act of 2007, which criminalises the advocacy of “national, racial or religious hatred that constitutes incitement to discrimination, hostility or violence”. If convicted, he faces a maximum of up to ten years’ imprisonment. No credible evidence has been presented to substantiate any of these charges.

This is a clear misuse of the law, which was enacted to protect human rights recognised by the international community including fundamental freedoms such as freedom of speech.

Shakthika Sathkumar’s arrest and ongoing detention are inconsistent with Sri Lanka’s constitutional and international human rights obligations, as well as the country’s ICCPR Act. The right to freedom of expression which includes artistic expression and creativity is guaranteed under the International Covenant on Civil and Political Rights, to which Sri Lanka is a party, as well as Article 14(1)(a) of the Constitution of Sri Lanka. Sri Lanka is also bound by international human rights law to protect artists and all persons participating in artistic activities.

Further, under the law he can only be granted bail by a high court judge. Systemic delays inherent in the Sri Lankan justice system means that it could be months before he even appears before a high court. That he has been remanded only on the basis of a police report, without a magistrate ruling that there is basis for detention, is also a violation of fair trial rights and has worrying implications for due process rights in the country. The Inspector General of Police and the Attorney General of Sri Lanka must investigate these concerns immediately.

CIVICUS and AHRC call on the authorities to release Shakthika Sathkumara immediately and unconditionally, and to drop the spurious charges brought against him. We also call on the authorities to ensure that writers and artists may work freely and without fear of retribution for expression critical opinions or covering topics that the government or others may find sensitive or offensive.

Shakthika Sathkumar’s arrest comes in the context of attacks on civic space more broadly in the country. Over the last year, CIVICUS has documented multiple attacks, threats and intimidation against journalists and human rights activists in Sri Lanka and the failure to bring the perpetrators of these abuses to account.

TheCIVICUS Monitor, an online platform that tracks threats to civil society in countries across the globe, rates the space for civil society inSri Lanka as ‘Obstructed’

For more information, please contact:

Josef Benedict at josef.benedict{AT}civicus.org (CIVICUS) or
Mohammad Ashrafuzzaman at zaman{AT}ahrc.asia (AHRC)
Sri Lanka: Space for civil society continues to be under attack
Statement at the 53rd Session of the UN Human Rights Council

Adoption of the UPR report of Sri Lanka

Delivered by Tharindu Jayawardhana

Thank you, Mr President.

Mr President, the Centre for Society and Religion, Asia Legal Resource Centre and CIVICUS welcome the government of Sri Lanka's engagement with the UPR process.

Since its last review, Sri Lanka did not implement any of the nine recommendations related to civic space. We note that Sri Lanka accepted 24 of the 31 recommendations on civic space it received during this cycle including to ensure a safe environment for civil society, including human rights defenders and journalists and refrain from imposing undue limitation on NGOs.

Despite these commitments, space for civil society has continued to come under attack in recent years. We have documented arbitrary arrests, detention, harassment and surveillance of activists and journalists and the misuse of the PTA and ICCPR Act and other laws to silence freedom of expression and assembly. We also documented restrictions on protests and harassment and intimidation of protesters - including against families of disappeared persons in the north and east - and the use of excessive force and prosecution of protesters following the economic crisis. We are concerned the imminent “NGO law” will curtail freedom of association and legalize government interference in civil society.

Mr President, our organisations call on the Government of Sri Lanka to withdraw charges against activist and lawyer Hejaaz Hizbullah charged under the PTA; discharge activist and comedian Nathasha Edirisooriya facing several court cases including under the ICCPR Act; to discharge protesters facing court cases related to protests under various laws and to conduct impartial investigations and prosecutions in relation to violations committed by police and armed forces in the context of protests and repeal all draconian legislation used to criminalise activists.

We thank you.

Civic space in Sri Lanka is rated as "Obstructed" by the CIVICUS Monitor.
Sri Lanka: Two years on, escalating assault on freedoms by the Rajapaksa administration

Two years on from the election of Gotabaya Rajapaksa as President of Sri Lanka, the state of civic freedoms in the country continues to regress. Research undertaken by the CIVICUS Monitor – which rates civic space in Sri Lanka as ‘obstructed’ – shows a worrying pattern of increasing restrictions on freedom of expression, assembly and association, often with impunity.
ST VINCENT AND THE GRENADINES: ‘We advocate for the repeal of anti-gay laws as a matter of human dignity’
CIVICUS speaks about struggles for LGBTQI+ rights and a recent legal setback in St Vincent and the Grenadines (SVG) with Jeshua Bardoo, founder and Executive Officer of Equal Rights, Access and Opportunities SVG (ERAO SVG).

ERAO SVG is an intersectional human rights civil society organisation (CSO) that promotes equality and non-discrimination in SVG. It conducts research and monitors human rights and social justice issues affecting women, children, LGBTQI+ people and people with disabilities. It carries out public awareness campaigns, advocates with local and national authorities, as well as in regional and international rights forums, convenes like-minded organisations, organises consultations and provides training on human rights issues affecting its target populations.

How do LGBTQI+ organisations in SVG, including ERAO SVG, defend and promote the rights of LGBTQI+ people?

Human rights advocacy, particularly for LGBTQI+ rights, has limited visibility in SVG. There are few organisations working for LGBTQI+ rights, and ERAO SVG is among the main ones. Other groups, such as VincyChap and Care SVG, work on HIV/AIDS and contribute indirectly to supporting LGBTQI+ people. Notably, VincyChap participates as an interested party in consolidated court cases challenging anti-LGBTQI+ laws. ERAO SVG, while not involved at the inception, now supports the case.

Focusing on education and awareness, ERAO SVG conducts in-person and online events to sensitise people on queer rights and focuses on tackling stigma. Last year we organised historic Pride celebrations alongside the Resident British Commissioner’s Office. Events included a Pride SVG reception, workshop, panel discussion and a social media campaign.

Despite the challenges and risks, our efforts seek visibility for LGBTQI+ people in SVG. Collaborations with local, regional and international organisations enhance our impact. As part of our commitment to bringing about change, we worked with Human Rights Watch to produce a report that highlights the community’s challenges and issues a series of recommendations.

Have you experienced backlash?

I have faced significant backlash in my activism for LGBTQI+ rights, both online and offline. Negative reactions, to the point to trigger depression, intensified in 2019 after I published an article, ‘Do black LGBTQ+ Vincentian lives matter?’. Despite the discouragement, I went back to writing and advocating for human rights and queer rights.

Public events, especially Pride celebrations, always trigger backlash, particularly from members of the Thusian Seventh Day Adventists, a Christian group, who continuously publicly call me out on social media. Also, someone on the radio called for my arrest following the recent court ruling that upheld anti-LGBTQI+ laws in SVG.

Social media posts warning LGBTQI+ visitors about the risks they would face in SVG helped us get some attention but also attracted criticism. Despite the online hostility, to date I have faced no actual physical harm, although the threats I received right after the court ruling made me fear I would. To protect my mental wellbeing, I now try to avoid reading negative comments I receive on social media.

The backlash and how busy I became after the recent ruling took a toll on me mentally, making me physically exhausted. I plan to take a break to recover but I remain committed to my advocacy. My experiences growing up as a queer person in a hostile environment, including discrimination in school and religious settings, have shaped my resilience. I now choose a religion that predicates love, distancing myself from past religious affiliations.

How much of a setback is the recent legal court ruling that upheld anti-LGBTQI+ laws in SVG?

It was very disappointing. In 2019, two gay Vincentians, Javin Johnson and Sean MacLeish, challenged SVG’s so-called anti- LGBTQI+ laws, sections 146 and 148 of the Criminal Code. Both petitioners live abroad. Johnson sought asylum in the UK while MacLeish lives in the USA. Their petition argued that their constitutional rights were being violated, including the rights to privacy, personal liberty and protection from discrimination. They claimed they had left SVG due to the severity of its anti-LGBTQI+ legislation, which made it impossible for them to live in the country as gay men.

CSOs such as VincyChap in SVG supported the case, while the UK-based organisation Human Dignity Trust played a role in the background.

However, on 16 February 2024 the court questioned the claimants’ standing and ruled that none of their rights had been violated. It deemed the LGBTQI+ laws justifiable, citing public health concerns related to HIV and morality. As it dismissed their claims, the court didn’t offer any remedy and ordered each claimant to pay EC$7,500 (approx. US$2,800) to the state in legal costs.

There are still other legal cases in the region awaiting decisions, and despite setbacks, civil society activists and organisations remain committed to challenging discriminatory laws.

What are the next steps following this disappointment?

After studying the ruling and the justifications it offers, the lawyers and claimants in the case will decide whether to appeal. They need to weigh whether loopholes or weaknesses in the ruling provide grounds for a potentially successful appeal. Personally, having followed the virtual court proceedings, I find many of its statements absurd and believe the case should be appealed or otherwise new cases should be filed.

We are disappointed that Prime Minister Ralph Gonsalves has failed to address the issue, which I think reflects state-sanctioned homophobia. Despite past condemnations of violence against LGBTQI+ people, there has been no practical action. It is disheartening to see politicians so focused on keeping the support of Christian voters who are allegedly in the majority. It is worth noting that churches were deeply involved in the judicial case. The judge’s open expression of religious sentiments and allegiances in court raised serious doubts about her impartiality.

Governments should prioritise people’s wellbeing, and in the case of LGBTQI+ people, this requires at the very least repealing criminalising provisions. The state should also enact comprehensive legislation protecting people from discrimination based on sexual orientation and gender identity and expression. There is nothing like this in SVG, so there is a lot of work to be done. As a first step, ERAO SVG will continue to advocate for the repeal of discriminatory laws as a matter of human dignity.

Civic space in St Vincent and the Grenadines is rated ‘open’ by theCIVICUS Monitor.

Get in touch with ERAO SVG through itswebsite orFacebook page, and follow@eraosvg on Instagram.
Standing in solidarity with Venezuelan human rights defenders
The recent, ongoing and unwarranted detention of five members of the Venezuelan NGO ‘Azul Positivo’ is one more event in a series of threats, harassment, attacks, restrictions, reprisals and criminal proceedings against Venezuelan civil society organizations and human rights defenders, which has been intensifying since November 2020. In recent months and weeks, state agents have forcibly entered the offices of civil society organizations; public threats have been made against defenders who have been engaging with human rights mechanisms, NGO bank accounts have been frozen and arrest warrants issued for aid workers.
State of civil society in Equatorial Guinea: An interview with CEID
Spanish

CIVICUS speaks to Alfredo Okenve, board member in charge of the International Cooperation and Good Governance Programmes of the Centre for Development Studies and Initiatives (CEID). Since 2012 Okenve coordinates the network of national CSOs in Equatorial Guinea. Trained as a physicist, he is a human rights defender and social activist with more than 20 years’ experience in consulting and management of development and civil society projects in Equatorial Guinea. He has worked as a professor of Mathematics and Physics and held a managerial position at the National University of Equatorial Guinea.

1. The government of Equatorial Guinea is among the worst human rights abusers in the world. How would you describe the environment for civil society activity in the country?
Civil society is still fledgling in Equatorial Guinea. It dates back to the nineties, and it faces internal difficulties such as a lack of tradition and experience in development and human rights work. It does not have much institutional support either - neither external nor domestic. However, the greatest among its current challenges lies with Equatorial Guinea’s government system. The ruling regime does not uphold any fundamental right, including the right to freedom of association enshrined in our Constitution. The environment is unfavourable, even hostile, to civil society work in every respect (the law, actual practices, lack of respect for human rights, funding, etc.). And it is particularly so for independent groups such as our NGO. There is a long list of legally recognised organisations in the country, but this basically serves the government to show that it respects the right to free association. In practice, however, the Ministry of the Interior stigmatises those organisations that want to work for the country’s development without following its orders, by arbitrarily attributing them uncivil actions. It has even suspended by decree the activities of NGOs like CEID, our organisation, or AGECDEA, another organisation dedicated to the “dangerous” task of providing solidary support to the elderly.
The situation has not improved in spite of the many civil society initiatives directed at the government to foster dialogue, improve the environment for civil society and promote human rights and the fight against poverty. On the contrary, in recent years Equatorial Guinea has been increasingly militarised, as if we were living under a state of siege.

2. What are the obstacles limiting the freedom of association in Equatorial Guinea? How have they affected you and your organisation?
Domestic laws and administrative practices are very restrictive. On one hand, the process for the legalisation of an organisation is long and full of obstacles. For example, it requires the organisation’s promoters to submit to the Ministry of the Interior an affidavit certifying that it will submit to its control on a quarterly basis, plus a favourable report from the Ministry of the area in which the organisation wishes to work, and another report from the governor or provincial government delegate. It also requires them to formalise the constitution of the entity before a notary public, who in turn must obtain an authorisation from the Ministry of the Interior to validate this act. No legally constituted association is allowed to receive any donation, whether local or foreign, private or public, above a hundred US dollars without prior authorisation from the Interior Minister. Another example: no legally constituted organisation, that is, no organisation that has been allowed by the government to function, can deal directly with a beneficiary community without an additional authorisation or credential; this is not what the law says, but it is “customary”.

Additionally the government routinely threatens the members of those organisations that are considered to be “enemies of the fatherland”, that is, those that are not aligned politically with the government. Last December, the governor of the Litoral province, where our headquarters are located, gathered all regional and provincial authorities and urged them not to interact with our NGO since their Ministry is in charge of the third sector, and the Minister had decreed our suspension.
Personally, as a professor and staff of the National University, I have not received my salary and have been arbitrarily and illegally banned from doing my job since June 2010, despite a shortage of teachers –all because of my condition as a social leader, human rights defender and good governance activist. What they are trying to do is condemn me to social exclusion and thereby send a warning to forcefully discourage civil society.
From 2015 on, the country’s CSOs have submitted to the government joint proposals to reform the laws of associations, indicating the limitations that the current law imposes on our social work; we have also raised the need for a national forum or conference on the role of civil society in the country. We have not yet received any official response.

3. Equatorial Guinea has one of the lowest Internet penetration rates in Africa, and online censorship is routine. How do you manage to get your work done when the freedom of expression and information is so restricted?
Internet access remains a problem for us, either because of the low technology level or the lack of telematics capabilities of the country, or because of blockages imposed on critical websites or social networks such as Facebook or Twitter –coupled with electricity supply problems in most of the country.
Internally, we have no choice other than try to bypass and endure these obstacles, but it is indeed difficult and it restricts our work capacity. At the organisational level, we have adopted the strategy of opening spaces for information and coordination among our country’s civil society organisations, notably the National Coordination of CSOs, a platform and meeting point for the solidarity action of civil society.

4. Are protests allowed in Equatorial Guinea? How are citizens treated when the try to protest?
Our Constitution recognises the right to strike and demonstrate. The written rules state that a notification to the government authorities would suffice to exercise this right. In practice, however, the only demonstrations that are allowed and that are actually taking place in our country are those of support and praise to the President of the Republic and his policies –that is to say, those that are summoned by the government or the PDGE (Democratic Party of Equatorial Guinea), the ruling party. Anyone promoting a demonstration against the government policies or any other form of expression, even the mere distribution of information leaflets in the streets, generally ends up under interrogation, tortured, imprisoned and/or dismissed from their jobs. Any claim or remedy that is filed with the competent authority in this regard is either denied or ignored. I think the situation is similar to that of closed regimes such as North Korea’s.

5. What are CEID’s aims? How does the organisation do its work within this context?
CEID is a not-for-profit, non-denominational and independent organisation. It began to form in 1996, at a time when our country was, despite its plentiful resources, among the most underdeveloped countries in Africa. It originated out of the concerns of a group of young graduates from several European universities (mostly Spanish and Russian), coming from fields as diverse as International Cooperation, Journalism, Economics, Engineering and Medicine. All of us wanted to contribute from civil society to improve the living conditions and the prospects for development of their fellow citizens, and were convinced that fostering a responsible, conscious, participative and enabled citizenry was of the utmost importance. And we shared the idea that the only real form of development is human, inclusive, sustainable and integral development. We wanted to dedicate our time to volunteer but professional work to fight against poverty and marginalisation through research and cooperation. The NGO was set up in Malabo in April 1997, and only by the end of 1998 did we obtain the authorisation to operate in the country.

We started working to identify the development problems of our country, analysing possible solutions from civil society. As a result, we set out at the grassroots level with two important programmes: the Civil Society Strengthening Programme and the Local Community Development Programme. A large part of our interventions were designed around these programmes. But we found out that international funding was in retreat because Guinea had become, thanks to its fossil fuel production, a middle-income country –even though our government had no intention or will to use any of that income to fund development through non-governmental entities. The ruling regime, which is totalitarian and based on monolithic thinking, never liked the sight of actors out of its orbit venturing on the national stage. There were plenty of attempts to co-opt our leaders, with diverse degrees of success. For all of these reasons, two years after we were granted legal personality we went through a crisis that led us to total hibernation lasting for about six years. We resumed our activities in 2007-2008, and now our priorities include human rights and good governance, issues that were prohibited to us by law until 2006. We also found some timid international support.
In sum, our work has focused on the introduction of new information technologies in education, local community and rural development, good governance and, above all, the strengthening of civil society. Since its inception five years ago, CEID leads the National Coordinating Network of Civil Society Organisations. We have also done consultancy work with international development and cooperation organisations and programmes.

We have a Board of Directors that is renewed every three years, and we gather in members’ assemblies every 18 months. Our headquarters are located in Bata, the country’s second capital. We cover our operating expenses and minor projects with the fees paid by our members-partners and the odd consultancy job; for development projects of a certain magnitude, of which we have already executed (or are in the process of implementing) fourteen, we seek external funds. So far all of these funds have come from the few international cooperation agencies that are still active in the country, or from occasional consortia with extractive industries fulfilling their commitment to corporate social responsibility. We have never received a single dollar from the State of Guinea.

Most CEID members are public servants and our dedication to NGO work is voluntary. This leaves us in a situation of great vulnerability, as we appear as easy prey for harassment, threats and blackmail. Nevertheless, we try to find courage in the conviction that we are doing something that is very necessary and, generally speaking, unprecedented. So far we have managed not to deviate from our ideas.
Unfortunately, we don’t have any self-protection strategy in place. The constant restrictions we face, plus the challenge of overcoming them while working on the ground in order to fulfil our commitments have left us no time or capacity to establish much-needed contingency policies. We therefore just try to always work within the legal framework and to appeal to the legality of all our actions.

As we lack the capacity to directly execute many of our initiatives, we usually submit them as suggestions to the institutions that are in a position or whose job it is to implement them. That is why we are always encouraging meetings and advocacy with government institutions such as those in the good governance sector (human rights, transparency) and in social sectors such as education, health and children’s care. We take a similar stance towards other NGOs that we have been providing training to. In 2011 we founded the Coordinating Network along with sectorial sub-networks to join efforts and promote collective initiatives. CEID plays a very active part in the tripartite EITI (Extractive Industries Transparency Initiative) National Commission, created in 2007, in representation of civil society. It is a challenge for Guinean civil society to have its own space recognised and for NGOs to be treated as development actors in their own right.

6. What can domestic actors do to promote respect for human rights and a healthy civic space in Equatorial Guinea?
We believe that the steps that we are already taking are the right ones and we need to work to improve them, because they are based on participatory strategies. Despite the obstacles and restrictions faced by Guinean civil society, we struggle to conquer spaces. Lobbying, advocacy and perseverance are as necessary as increased cohesion and solidarity. An example of the steps we have taken is the creation, within the Coordinating Network, of sectorial groups and specifically one for Human Rights and Transparency. On the same line of action, through the national information media CEID has been able to keep over the past four years a one-hour weekly radio space from which to promote respect for human rights, social involvement and public spiritedness. Likewise, we have proposed to the Ministry of Education the introduction of the subject of civic and social education within the national school curriculum.

7. How can external actors, including regional organisations and international solidarity movements, support civil society in Equatorial Guinea?
Civil society organisations in Equatorial Guinea need not just financial but also human, technical and institutional support from regional and international organisations. We need management tools and training on issues related to the development of civic spaces in restrictive environments, and to the role of civil society in the struggle for the rule of law and against poverty. We need to be wrapped up in solidarity and not be left alone; we need international actors to integrate us into their sub-regional, regional and global networks and to advocate for us with their governments, which maintain relations with Equatorial Guinea, so they put pressure on ours to provide a favourable environment for civil society.

Civic space in Equatorial Guinea is rated as ‘closed’ by the CIVICUS Monitor.
Get in touch with CEID through their website or visit their Facebook page.
Statement at Human Rights Council: Threats to civic space
37th Session of the UN Human Rights Council
Oral Statement

Restrictions of civic space and threats to human rights defenders is fast spreading in the Global North as well as the South. From Hungary, Russia, Turkey, Bulgaria to Ethiopia, Rwanda, Uganda, Egypt the threats are similar.

Threats to civic space and human rights defenders

According to the CIVCUS Monitor, in 2017 just only two percent of the world’s population live in a country with ‘open’ civic space. In Africa, only 2 countries are considered to have open civic space, while 52 are rated either as ‘closed’, ‘repressed’, or ‘obstructed’.
1. Governments are involved in smear campaigns against civil society, seeking to undermine their credibility and legitimacy in the population. The attacks include accusations of being agents of foreign power, interference in political matters, conducting subversive activities and involvement in money laundering.
2. Access to resources is being restricted in the guise of controlling terror financing and illicit wealth. Under pressure from governments, financial institutions have set intrusive and obstructive requirements for banking by civil society including deposit of donor contracts, work plans among others. In some countries, foreign donations are either banned or limited to percentages that cripple the work of the civil society, that is largely funded by donations.
3. Regulations are being passed that create burdensome registration requirements, criminalises unregistered and informal forms of organising and giving vague and wide powers to government bodies to deregister civil society groups on such grounds as ‘acting against the interest of the people’. In many cases, these restrictions are intentionally aimed at stifling independent NGOs because they defend minority groups, and allow all sections of society to participate in decision-making.
Reprisal against human rights defenders

Around the continent there are increased reports of reprisal attacks, human rights defenders.
1. In Uganda, Action Aid International Uganda and three other organisations had their accounts frozen in October 2017 by the government for over three months for leading a campaign against a change in the constitution that would undermine land rights of local communities.
Reliance of civil society and HRDs

The challenges notwithstanding, civil society groups have demonstrated remarkable resilience. As of September 21, 2017, the CIVICUS Monitor had documented 42 reports where this activism led to positive civic space developments.
1. In Jan of 2018, Mali became the third Africa country after Côte d’Ivoire (June 2014) and Burkina Faso (June 2017) to enact a law on the protection of HRDs.
2. In South Africa, the High Court, Western Cape Division, Cape Town in case filed by HRD and in which the UN SP FoAA filed an amicus, ruled that the notification provisions of South Africa’s Gatherings Act constitute “illegitimate” restrictions on the right to freedom of peaceful assembly
In light of the above and also in celebrating the unanimous adoption of the GA Resolution on HRDs last November we recommend the Council to:

Recommendation to the Human Rights Council
- Encourage special procedure mandate holders to support or file cases for litigation in national and regional courts to challenge laws and regulations that threaten civic space and the work of human rights defenders. They can bring their expertise to the assistance of municipal courts.
- Engage States to grant long term, as opposed to short term mandates, to the UN Human Rights Country offices because they are important in building the capacities of local civil society and the protection of human rights defenders.
- Document cases of reprisals against human rights defenders and encourage the enactment of HRD laws
Statement at the UN Human Rights Council: Attacks on civic space in Burundi
Interactive Dialogue with the UN Commission of Inquiry on on Burundi
Oral Statement

We remain extremely concerned by the grave human rights violations taking place in Burundi, which show no sign of abating.

In January, at least 60 people were arrested after publicly advocating that citizens reject the proposed constitutional amendment, which would extend President Pierre Nkurunziza’s term in office beyond 2020, when his current term will end. A May 2018 referendum will determine whether the amendment - which would allow Nkurunziza to serve another two seven-year terms after 2020 - will be adopted.

Last week on 9 March 2018, three human rights defenders from Parole et actions pour le réveil des consciences et de l'évolution des mentalités (PARCEM), one of the few remaining civil society organisations operating in Burundi, were sentenced to 10 years in prison. Judges at the court reportedly announced the verdict without representation from the defendants' lawyers.

On 13 February 2018, human rights defender Germain Rukuki, who has been detained since 13 July 2017, appeared before court. Three new charges of “assassination", "destruction of public and private buildings", and "participation in an insurrectionist movement" were added to his two initial charges of “breaching the internal security of the State” and “rebellion”. Another human rights defender Netsor Nibitanga is still being held by the National Intelligence Sercives and his whereabouts remain unknow.

In February alone exiled human rights organisation, Ligue Iteka, recorded 22 killings, 1 disappearance, 15 cases of torture and 145 arbitrary arrests. The rise in arrests and crackdown are believed to be related to the referendum. These reports corroborate UN envoy Michel Kafando’s recent conclusion that the political situation in Burundi remains deeply tenuous and that conditions are unfit for elections.

CIVICUS calls on the government of Burundi to immediately cease its attacks on human rights defenders and as a Member State of the Human Rights Council, to fully cooperate with the Commission of Inquiry and the Office of the High Commissioner for Human Rights.
Statement at UN Human Rights Council: Citizen rights in Eritrea
37th Session of the UN Human Rights Council
Interactive Dialogue with the Special Rapporteur on Eritrea
Oral Intervention by CIVICUS and DefendDefenders

The government of Eritrea was requested to strengthen its cooperation with the Office of the United Nations High Commissioner for Human Rights (OHCHR), to communicate pertinent information regarding detained journalists and opposition members, and to consider establishing an office in Eritrea. Has OHCHR seen any progress on any of these requests?

In November 2017, a rare protest broke out in Eritrea at the Al Dia Islamic School in Asmara after a member of the School’s board was arrested following a speech he made criticizing government interference in the private school’s affairs. In the footage that emerged from the scene, dozens of shots could be heard although it is unclear if there were any casualties. No transparent or credible investigation was conducted, and no information emerged about the crackdown, the number of casualties or number of arrests. Was OHCHR able to conduct an investigation into the circumstances of this protest?

The Commission of Inquiry on human rights in Eritrea (COIE) called on the Government of Eritrea to ensure accountability for past and persistent human rights violations, amounting to crimes against humanity. So far, civil society has not recorded any significant institutional or legal reforms required before the domestic legal system can hold perpetrators of international crimes to account in a fair and transparent manner.

We wish to underline our support for the mandate of the Special Rapporteur on Eritrea, and highlight its necessity until a time where the human rights record in Eritrea sees genuine improvements.
Statement at UN Human Rights Council: Citizen rights in South Korea
37th Session of the UN Human Rights Council
Statement on the adoption of South Korea´s Universal Periodic Review

CIVICUS applauds the government of the Republic of Korea for its continued support and engagement in the Universal Periodic Revew (UPR) on human rights process. While recognising the new administration’s commitment to ensuring participation in political and public affairs, we remain concerned that such principles are not fully endorsed in its UPR adoption today.

We deeply regret the government’s decision not to accept a number of recommendations to promote and protect the rights essential to civic space. Specifically, the state’s refusal to accept recommendations to replace criminal defamation and libel laws with civil ones or amend the National Security Law to ensure that it is not used arbitrarily to harass and restrict the rights to freedom of expression, reflect a willful denial of the incongruity of these laws with international standards.

As explored in our UPR submission, the authorities have discriminatorily applied restrictive legislation, including the National Security Law to silence dissenting voices and critics of the government. The law’s overbroad provisions, which proscribe “Praising or propagating an anti-state organization,” or “Circulating false facts that threaten confusion of social order while a member of an anti–state organization” have frequently been used to stamp out online and offline expression perceived to be sympathetic to North Korea. Recently, on 5 January 2017, Lee Jin-young, owner of Labor Books, an online library, was arrested for violating the National Security Law after disseminating publications that purportedly support “anti-government organizations.”

We urge the government to consult with civil society in the implementation of the UPR recommendations to ensure that that the National Security Law is in line with the best practices and international standards in the area of freedom of expression.
Statement at UN Human Rights Council: Zambia not implementing recommendations on civic space
37th Session of the UN Human Rights Council
Joint Statement on the adoption of Zambia's Universal Periodic Review

The Zambia Council for Social Development (ZCSD) and CIVICUS welcome the government of Zambia's engagement with the Universal Periodic Review on human rights process. We also welcome the government's presentation of the Access to Information Bill to Parliament, recognising that it has yet to be enacted.

However, in our joint Universal Periodic Review submission, we documented that since its last review, Zambia has not implemented 3 of the 4 recommendations relating to civic space. The existing legal frameworks that impedes and restricts civic space, including the Public Order Act and the Non-Governmental Organisations Act remain in place and have not been amended or repealed since Zambia’s last UPR examination.

The NGO Act unduly restricts the participation of civil society through punitive sanctions for non-compliance and excessive discretion of the State to dictate the activities of CSOs. Similarly, we are concerned with the continued use of the Public Order Act to unwarrantedly limit the exercise of the right to freedom of peaceful assembly.

Civic space came under serious threat during the State of Emergency declared by the government in July 2017. Six activists are currently before the courts after being arrested in September 2017 following a peaceful protest held outside of parliament demanding accountability for government expenditure.

Several journalists have also been arraigned before the courts to answer charges related to publication of official secrets, defamation and being in possession of seditious materials. After the 2016 general elections three private Broadcasting stations had their licences suspended due to perceived support for the opposition.

CIVICUS and ZCSD call on the Government of Zambia to take proactive measures to address these concerns and implement recommendations to create and maintain, in law and in practice, an enabling environment for civil society.
Statement on alarming trends of reprisals and killings -- 38 UN member states implicated
Human Rights Council 39th session
Joint statement: ISHR & CIVICUS

Interactive Dialogue with Assistant Secretary-General on the Secretary-General's report on cooperation with the United Nations, it's representatives and Mechanisms in the field of human rights

Human rights defenders must be able to access and communicate with the UN freely and safely so it can do its crucial work of monitor countries’ compliance with human rights obligations and protect victims from abuse.

Cases of reprisal are direct barriers to this, and to effective and meaningful civil society participation with the UN. Yet the SG’s reprisals report points to ‘alarming trends’ of reprisals, including killing, torture, arbitrary arrests and detention, travel bans, surveillance, criminalisation, freezing of assets, and stigmatization.

This years’ report including an increased number of cases – 45. Including follow up, 38 countries are implicated. This is to say that, In this year alone, 20% of States who by joining the UN—“reaffirmed their faith in fundamental human rights, and dignity and worth of the human person”—attacked or intimidated persons or organisations knocking on the UN’ doors seeking change and a better world.

The report again documents cases by Council members and candidates, including Bahrain, Burundi, Cameroon, China, Cuba, Democratic Republic of the Congo, Egypt, Hungary, India, Iraq, Japan, Kyrgyzstan, Mexico, Pakistan, Philippines, Rwanda, Saudi Arabia, United Arab Emirates, Venezuela. We urge GA members to consider this before voting in Council elections.

Missing from this year’s report are Chinese defenders WANG Qiaoling and LI Wenzu, the wives of two detained lawyers who have been intimidated and harassed; CAO Shunli, who was detained in September 2013 prior to boarding a flight for Geneva, where she was going to participate in China-related U.N. training sessions, and who died in detention after authorities denied her adequate medical care; and Dolkun Isa, a Uyghur activist, who was denied entry into the meeting of the UN Permanent Forum on Indigenous Issues in New York in April 2018.

We welcome the Report’s recommendation that the UN do more to ensure the experiences of LGBTI persons facing reprisals for their advocacy are documented, disaggregated, and properly analyzed, seeking to minimize additional risk.

In practice, the Council’s discussion of cases in the Report and follow-up to those cases has not been systematic. What we see now is defenders dissuaded from engaging because the cost is too high. What we need is for States to turn away from repression and attacks, because the cost to them is too high.

We welcome the statement made today by Germany on Egyptian defender Ebrahim Metwally and we urge more States to stand up for the critical voices of human rights defenders and seize the opportunity to take up cases in the report during future interactive dialogues.

The SG concludes in his report that the UN is seeing evidence of self-censorship with regard to engagement, including people too afraid to speak to the UN, both in the field and at headquarters in New York and Geneva. What more can be done by the UN and others to effectively and proactively address this situation to minimize risk to those engaging and ensure that the UN can effectively fulfill its mandate?
Statement on Burundi at the UN Human Rights Council
35th session UN Human Rights Council
Oral Statement – Interactive Dialogue with the Commission of Inquiry on Burundi
15 June 2017

CIVICUS remains deeply concerned by the gross human rights violations committed with impunity by the government since the Commission’s previous Council briefing on 13 March 2017.

The systematic oppression of Burundian’s fundamental rights persists throughout the country, characterised by arbitrary arrests, abductions, detentions and extra-judicial killings. The government continues to targets members of the political opposition, representatives of civil society and other individuals on specious grounds of supporting those who organised a failed coup in May 2015 and of association with armed groups.

Hundreds of people remain unaccounted for, including human rights activist Marie Claudette Kwizera who disappeared on 10 December 2015. Her whereabouts remain unknown.

Mr. President, these atrocities are carried out in an environment where freedom of expression, association and assembly are gravely stifled.

The country’s main human rights organisations have been suspended for an extended period of time and four prominent human rights lawyers have been disbarred. Independent media outlets remain closed, while most journalists are in exile and only public assemblies organised by supporters of the ruling party are allowed.

The vast majority of these atrocities are committed by the security forces, the intelligence service and the armed wing of the ruling CNDD-FDD party, who receive paramilitary training and target citizens with hate speech and threats.

To prevent the monitoring and documentation of human rights violations and encourage impunity by the perpetrators of human rights violations, Burundi has ceased cooperating with OHCHR, withdrew from the International Criminal Court and refused to collaborate with Commission of Inquiry.

Efforts to find lasting peace through the inter-Burundi dialogue are hampered by the absence of some of the main opposition parties and exclusion of civil society voices by the government.

We call on the government of Burundi to support the work of the Commission of Inquiry and take the necessary steps end violence and human rights violations in the country.
Statement on Ethiopia’s noncompliance with UN human rights evaluation
35th session UN Human Rights Council
General Debate – Ethiopia’s noncompliance with UN Special Rapporteurs
16 June 2017

CIVICUS welcomes the Communication report of Special Procedures, which sheds light on the breadth of work undertaken by this unique mechanism of the Human Rights Council.

We refer in this context to the ‘Communications’ report by the Special Rapporteur on the freedom of peaceful assembly and association. We note that there has been an average 50% response rate from governments on alerts and other communications. However, Ethiopia has shown a total no-response to the numerous stand alone or joint alerts they received during the period of reporting. We reiterate our grave concerns voiced also by other independent experts of the United Nations in relation to the violent crackdown on peaceful protests, which reportedly led to the death of over 800 people since November 2015 in Ethiopia. We remain extremely alarmed by numerous reports that those arrested had faced torture and ill-treatment in military detention centers.

We also reiterate our worry regarding the Proclamation on Anti-Terrorism and Charities and Societies Law adopted in August 2009. The extremely broad and ambiguous provisions of the laws continue to be used to silence independent voices and civil society groups.

Finally, we urge the government of Ethiopia to head the calls to end the state of emergency declared on 9 October 2016. The state of emergency decree provides for a wide range of repressive measures, undermining the rights to freedom of expression, association and assembly, including banning communications with governments and CSOs that may undermine ‘national sovereignty, constitutional order and security’.

We call on the Government as a member of the Council to fully cooperate with the mandates of Special Procedures of the Human Rights Council.
Statement on freedom of assembly and association, and the right to education
35th session of the Human Rights Council
Dialogue with Special Rapporteur on freedom of assembly and of association and the Special Rapporteur on the right to education

CIVICUS welcomes the reports of the Special Rapporteur on freedom of assembly and of association and the Special Rapporteur on the right to education. We again commend the former Special Rapporteur, Maina Kiai, for his steadfast support for civil society across the world. We also welcome the new Special Rapporteur, Annalisa Ciampi, and remain committed to supporting the mandate to undertake its essential work.

The Special Rapporteur’s report on mapping the achievements of civil society articulates an unassailable case for why civil society should be seen as an ally, rather than an adversary. As expressed by the mandate holder, civil society has played a crucial in shepherding and realizing scores progressive values and rights. The report provides a wealth of examples of these achievements, including through pursuing accountability, supporting participation and empowerment, driving innovation and fostering sustainable development. We urge all states to explicitly acknowledge the integral role that civil society plays in ensuring that states can actualize their domestic and international human rights commitments.

We further reiterate the recommendations raised by the Special Rapporteur in his report on the United States. National and public security concerns must not be misused to suppress freedom of assembly. The continued use of excessive force by police departments across the United States against peaceful protesters requires a concerted and proactive federal response. We also regret that immigrant workers face the specter of official harassment and deportation for attempting to exercise their right to freedom of association, including joining labor unions.

In the United Kingdom, we remain equally concerned by recent reports that Prime Minister Theresa May is willing to forfeit human rights in the pursuit of countering terrorism. Such a wholesale forfeit of human rights undermines the United Kingdom’s international obligations as well as efforts to address the roots causes of terrorism.

We urge all States to pledge their support to the Special Rapporteur including by providing all necessary informational and financial resources to discharge the mandate and to work closely with civil society.


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