United Nations

Laos: Letter to UN Member States ahead of human rights review
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
Le Royaume-Uni répond aux questions posées par les membres de CIVICUS sur le Conseil de sécurité
Durant les consultations du mois d’août de la présidence du Conseil de sécurité avec la société civile, la Mission permanente du Royaume-Uni auprès de l’Organisation des Nations Unies a répondu aux questions soumises par les membres de CIVICUS concernant les situations sécuritaires en République Démocratique du Congo, Érythrée-Éthiopie, Gaza et Myanmar.

La société civile joue un rôle important dans l’agenda du Conseil de sécurité et CIVICUS remercie le Royaume-Uni et tous les membres du Conseil de sécurité pour leur engagement à impliquer la société civile dans son fonctionnement.

Le Conseil de sécurité suit de près la situation en RDC. Dans le cadre de la résolution 2409, nous avons demandé au Secrétaire général de nous faire transmettre des rapports mensuels. Le conseil tient des discussions fréquentes sur la RDC. Le Conseil de sécurité continue de souligner à quel point il est important que les élections du 23 décembre 2018 soient tenues dans le calme, de façon crédible, inclusive et dans les temps et qu’elles respectent le calendrier électoral, menant à un transfert pacifique du pouvoir, en accord avec la constitution congolaise. Le Conseil de sécurité continue aussi d’accentuer l’importance de la protection des civils, y compris à travers le mandat de la MONUSCO qui fait de la protection des civils une priorité stratégique. Durant la présidence du Royaume-Uni, un briefing s’est tenu au Conseil de sécurité sur les élections à venir en RDC. La déclaration de l’ambassadeur se trouve ici.

Le Conseil de sécurité a publié un communiqué concernant la signature de la déclaration conjointe de paix et d’amitié entre l’Érythrée et l’Éthiopie du 9 Juillet 2018.

L’UNRWA (l'Office de secours et de travaux des Nations unies pour les réfugiés de Palestine dans le Proche-Orient) a été établi et reçoit son mandat de l‘assemblée générale de l’ONU. La possibilité qu’elle doive suspendre ses services à cause de sa mauvaise situation financière préoccupe énormément les membres du Conseil de sécurité, comme cela a été exprimé durant les consultations du conseil du 22 août sur la situation au Moyen-Orient. Le Royaume-Uni reste fortement engagé dans son soutien à l’UNRWA et aux réfugiés palestiniens à travers le Moyen-Orient. Face à des pressions financières de plus en plus fortes, le Royaume-Uni a versé environ 60 millions de dollars en 2018. Nous continuons d’encourager d’autres à verser des financements additionnels et à effectuer des versements réguliers pour assurer que l’UNRWA puisse continuer son travail essentiel.

Le Conseil de sécurité suit avec beaucoup de préoccupation la situation à Gaza, y compris à travers des briefings réguliers, comme par exemple celui du 22 août par la Secrétaire générale adjointe Rosemary DiCarlo.

Sur le long-terme, le Royaume-Uni a pour but ultime le retour sans danger, volontaire et avec dignité du million de réfugiés Rohingyas, actuellement au Bangladesh, vers l’Etat Rakhine sous la surveillance internationale. Nous estimons que les conditions actuelles ne sont pas suffisantes pour que les réfugiés y retournent. Nous soutiendrons la Birmanie pour y arriver, mais une amélioration concrète des conditions sur le terrain est nécessaire. Dans l’immédiat, la Birmanie devrait donner à l’ONU un accès sans restriction à l’Etat du Nord-Rakhine. L’ONU s’est réjouie de la déclaration du gouvernement birman annonçant la mise en place d’une commission d’enquête sur les violences commises dans l’Etat Rakhine. Il est à présent essentiel que le gouvernement birman démontre comment l’enquête sera crédible, transparente et impartiale. Nous sommes toujours en attente d’une décision de la CPI concernant sa compétence à juger des déportations des Rohingyas au Bangladesh (qui est un état signataire du statut de Rome).

D’autres questions soumises par les membres de CIVICUS ce mois concernent les libertés civiques en Colombie, le retrait des troupes de l’UNAMID au Darfur, l’insécurité alimentaire au Sahel, la relocalisation de l’Ambassade des États-Unis d’Amérique à Jérusalem, la détérioration de l’espace civique en Ouganda, le cas du dirigeant Soudanais, Omar Al Bashir auprès de la Cour Pénale Internationale et la menace globale du cyber crime.

Ces questions-réponses résultent d’un appel mensuel auprès des membres CIVICUS de soumettre leurs questions au président du Conseil de sécurité des Nations Unies. Il s’agit d’une opportunité pour nos membres d’être reliés à un forum international important où des décisions sont prises. Les employés de CIVICUS posent les questions au nom de nos membres durant le briefing du président tous les mois. Tenez-vous informé en devenant membre de CIVICUS.
Lebanon's Adoption of Universal Periodic Review on Human Rights
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 theCI VICUS Monitor.
Letter to the UN Secretary-General on UN agencies engagement with the Myanmar junta
Re: UN agencies, funds, programmes and other entities engagement with the military junta

UN entities must stop legitimizing the Myanmar military junta and instead present letters of appointment, sign letters of agreement and MoUs with the legitimate government of Myanmar, the National Unity Government, and ethnic revolutionary organizations

Your Excellency,

We, the undersigned 638 civil society organizations (CSOs), condemn in the strongest terms the recent public signing of new agreements and presenting of letters of appointment to the illegitimate Myanmar military junta by UN agencies, funds, programmes and other entities working inside Myanmar. We urge you to intervene for a principled, coordinated UN response to the crisis in Myanmar. We call on you and all UN entities to immediately cease all forms of cooperation and engagement that lends legitimacy to the illegal murderous junta. Instead, letters of appointment and agreements must be presented to the legitimate government of Myanmar, the National Unity Government (NUG), and ethnic revolutionary organizations (EROs).

On 10 December 2021, 256 Myanmar CSOs urged UN entities to not engage with the junta in any way that lends them legitimacy. Despite these consistent calls from the people of Myanmar and CSOs, the UN Office for the Coordination of Humanitarian Affairs (OCHA), UN International Children’s Emergency Fund (UNICEF), UN Food and Agriculture Organization (FAO) and UN International Organization for Migration (IOM) all signed new agreements with and presented credentials to the junta in August and September 2022. The public ceremonies, which were arranged with photographs, were used as propaganda by the military junta in its ongoing attempts to assert their legitimacy. The people of Myanmar have categorically rejected its attempts to seize power since its illegal attempted coup on 1 February 2021.

For nearly a year and a half, the people of Myanmar have sacrificed their lives and livelihoods to defend democracy and their rights by engaging in political defiance and armed resistance – as a last resort. Their aim is to prevent the illegal military junta from taking over the country, as it is attempting to do through inflicting immense suffering on the people.

The recent public actions by UN entities are direct interventions that clearly side with the military junta, undercutting the ongoing collective resistance efforts and sacrifices by the Myanmar people to end the Myanmar military’s tyranny and establish a federal democracy. This breaches the principles of democracy, human rights and humanitarian principles of impartiality, neutrality, independence and “do no harm” outlined in the UNs’ Joint Operating Standards and frame work of engagement, for which UN entities must comply with and hold themselves accountable.

Furthermore, in December 2021, the UN General Assembly adopted a resolution to endorse the recommendations of the UN Credential Committee that had rejected the credentials of the military junta and allowed the incumbent Ambassador, U Kyaw Moe Tun, who represents the National Unity Government (NUG) and thus represents Myanmar, to maintain his position at the UN General Assembly. UN entities, and agencies, funds and programmes in Myanmar should be guided by this decision and should be engaging publicly with the NUG and not the military junta.
Letter to UN Member States: Civic space restrictions in Cambodia
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.
Mainstreaming civic space in State interventions at 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)
Malawi's adoption of Universal Periodic Review on Human Rights
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
Malaysia: Adoption of Universal Periodic Review Report

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
Malaysia: Migrants and refugees excluded from poverty figures and neglected by policymakers
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.
Maldives: Civil society groups call for better respect for civic freedoms in report to the UN
Joint statement on Maldives ahead of human rights review in 2020

Civil society groups CIVICUS and FORUM-ASIA have submitted information to the UN Human Rights Council on civic freedoms in the country ahead of its review in 2020. While welcoming the human rights improvements undertaken by the new government since it came to power, the submission highlights ongoing restrictions to freedoms of association, peaceful assembly and expression, and unwarranted restrictions on human rights defenders since its previous examination in 2015.

The UN Human Rights Council will review the Maldives’ human rights record at its Universal Periodic Review (UPR) in May 2020. This marks five years since its last review, when UN member states made 258 recommendations to the Maldivian government including 16 recommendations that directly relate to barriers to open civic space. They included protecting journalists, human rights defenders and other civil society actors and creating an enabling environment for them. Other recommendations include guaranteeing freedom of expression and the media and upholding freedom of assembly. As of today, the government has only partially implemented these recommendations.

The report welcomes the significant strides by the government in opening up the space for the exercise of fundamental freedoms, establishing a commission to probe unresolved disappearances and reviewing legislation restricting civic space since its last UPR examination We also welcome the proposed bill to protect whistleblowers. However, there are still implementation gaps with regard to the protection of human rights defenders and the freedom of expression.

Our organisations are alarmed by ongoing reports of harassment of and threats against human rights defenders and journalists, particularly by extremist groups, and the lack of effective action by law enforcement authorities. We also concerned by efforts to silence civil society groups as illustrated most recently by the decision to “temporarily suspend” the Maldivian Democracy Network (MDN), a leading human rights organization following accusations of blasphemy. This is a regressive move that sets a dangerous precedent for freedom of expression and association, and threatens the positive steps towards restoration of fundamental freedoms and human rights. The government must reverse its decision to suspend MDN, and create a safe and enabling environment for human rights defenders and organisations to carry out their legitimate work without fear of reprisals and harassment.

On freedom of expression, we welcome the repeal of the Anti-Defamation and Freedom of Expression Act, enacted in 2016, which was systematically used against the media, opposition activists and dissidents. However, we remain concerned about threats and attacks on government critics. In January 2019, Ibrahim Ismail, the chairman of Mandhu College and a former lawmaker, came under attack for criticising the sentencing of a woman to death by stoning for adultery.

The report also highlights the slow progress in undertaking comprehensive reforms of the laws related to the freedoms of association and peaceful assembly. The Freedom of Peaceful Assembly Act 2013 imposes undue limitations on assemblies and gives the police wide discretion in granting permission and must reviewed. We also urge any revisions to the Associations Act – which was often used by the previous government to stifle critical civil society groups – to be consistent with international human rights law and standards.

The Universal Periodic Review of the Maldives is an important opportunity for the Maldives to display its commitments toward human rights reforms. We have seen encouraging developments but much more needs to be done. In the lead up to the UPR review we call on the Maldives government to increase its efforts to fulfil the commitments made in the 2015 review and systematically consult with civil society on the implementation of UPR recommendations, including by holding periodical comprehensive consultations with a diverse range of civil society.

We also urge the international community to support both the people and the government of the Maldives in addressing the shortcomings in the protection of civic freedoms as well as work of human rights defenders in the Maldives. International scrutiny is necessary to sustain the improvement we have seen in the Maldives over the past year, and ensure any positive reforms made are not reversed.

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

For more information or to arrange an interview, please contact: Josef Benedict, CIVICUS Civic Space Research Officer,
Map of the Day: The World You Want, After 2015

The United Nations and partners have launched an interesting exercise to poll the world’s citizens on their top priorities, policies and views as world leaders shape a global development agenda to replace the Millennium Development Goals, which expire in 2015.

They are calling this project MY World, and it includes an interactive web page, SMS, platform, telephone and offline survey to target as many people as possible around the world to weigh in on their top priorities. (It’s in all six official UN languages, naturally.)

Read more at UN Dispatch
Media Statement: New UN Special Rapporteur on the rights to freedom of peaceful assembly and of association
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.
Mexico: Adoption of Universal Periodic Review Report

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
Millennium development goals – the key datasets you need to know
The UK hosted the first high-level panel last week on what comes after the millennium development goals (MDGs). Progress on the MDGs has been mixed, however, with persistent inequalities both within and between countries. We've pulled together the key data on the eight goals. Although the MDG framework may seem overly technical, with its dozens of time-bound, results-based targets and indicators, it's the product of very political negotiations, with some issues receiving more attention and prominence than others.

Read more and Source: The Guardian
More must be done to ensure women in civil society are protected
CIVICUS' Chief Programmes Officer, Mandeep Tiwana, participated in the 65th session of the UN Commission on the Status of Women (CSW 65) intersessional dialogue on building alliances for women's full and effective participation in public life. Watch the discussion below:

During CSW 65, 290 organisations call for protection of women's civic freedoms to enhance their role in public life

Arabic

Twenty-five years since the ratification of the Beijing Platform for Action, and a year since women across the world participated in the Women's Global Strike - gender justice is still not a reality for most women. Despite mass mobilisations globally with women at the forefront, and despite numerous campaigns and policy interventions orchestrated by women civil society leaders, activists and lawyers, women across the world struggle to achieve full equality.
More must be done to ensure women in civil society are protected
Arabic

Twenty-five years since the ratification of the Beijing Platform for Action, and a year since women across the world participated in the Women's Global Strike - gender justice is still not a reality for most women. Despite mass mobilisations globally with women at the forefront, and despite numerous campaigns and policy interventions orchestrated by women civil society leaders, activists and lawyers, women across the world struggle to achieve full equality.
Myanmar remains at crisis point and impunity still persists
Statement at the 51st Session of the UN Human Rights Council

Interactive Dialogue with the Special Rapporteur on Myanmar

Delivered by Kyaw Win

Thank you, Mr President, and thank you Special Rapporteur for the update.

Myanmar remains at crisis point in terms of human rights, especially the assault on civic freedoms. Both the UN and human rights groups have documented allegations of crime against humanity and war crimes perpetrated by the junta, with more than two thousand individuals unlawfully killed since the attempted coup in 2021.

Peaceful expression of dissent have been met with arbitrary arrest and detention by the junta. Criminalisation of activists, journalists and lawyers on fabricated charges ranging from ‘incitement’, sedition and terrorism has persisted. Political detainees have reported the frequent use of torture and extra-judicial executions in military bases, police stations and other places of detention. Burmese Muslims on the Thai-Burma border have been rendered stateless. The junta are consistently breaching ICJ provision measures.

Despite these documented crimes, impunity still persists and we call on the Council to ensure advancement of accountability.

Despite the appalling executions of four pro-democracy activists by the junta in August this year and the global outrage, more political prisoners are at risk of facing the death penalty and human rights violations have continued unabated. In this environment, civil society requires even more support and protection from the international community.

We ask the Special Rapporteur of strategies he has identified to enhance civic space protection inside the country, and particularly the role of UN agencies and UN member states in supporting both your mandate and supporting local civil society and human rights defenders.

Civic space in Myanmar is rated as "Repressed" by the CIVICUS Monitor
MYANMAR: ‘If we fail to take appropriate action, the junta will commit more crimes’
CIVICUS speaks with Kyaw Win, founder and Executive Director of theBurma Human Rights Network (BHRN), about the situation in Myanmar one year after the coup. As theCIVICUS Monitor has documented, activists and journalists continue to be criminalised and killed. Political prisoners have been tortured and ill-treated and the junta continues to block aid and imposes restrictions on humanitarian workers.

BHRN works for human rights, minority rights and religious freedom in Myanmar. It has played a crucial role advocating for human rights and religious freedom with the international community and earned a reputation for providing credible and reliable analysis. It recently published reports oncrimes against humanity by the Myanmar military following the coup and on human rights violations and the situation inRohingya refugee camps in Bangladesh.

What led you to found BHRN?

I was born and brought up in a predominantly Muslim township in Yangon and lived there for 30 years. But in 2009 I had to leave the country and stayed at the Thailand-Myanmar border, temporarily leaving my family. Because I was not able to go back, I eventually moved to the UK and after one-and-a-half years I was reunited with my family.

In 2012, when violence against Muslims erupted in Myanmar, I felt I needed to take action and founded BHRN, which was registered in the UK in 2015. Despite progress in the transition to democracy, we decided to keep BHRN underground. This surprised many, but we felt the situation could reverse easily. Unfortunately, this came true with the February 2021 military coup.

BHRN tracks hate speech both online and offline. We believe hate speech is very dangerous and monitoring it helps us predict impending violence. As we are underground, we are able to collect data on the ground even if it’s very risky. We work in Myanmar and have staff there, including in Rakhine State, as well as in Bangladesh and Thailand. We see the need to expand because as a result of the coup there are restrictions on movement.

We have experts on various themes, including on freedom of religion and Rohingya issues, and we produce monthly reports. We also undertake international advocacy to share our research with decision-makers such as United Nations (UN) representatives, European Union officials and staff of the US State Department, as well as decision-makers in countries such as Indonesia and Malaysia.

We also work with young people in Myanmar and build capacity around human rights, democracy and pluralism.

A year on from the coup, what is the situation for activists and civil society in Myanmar, and how are human rights groups outside the country responding?

The military has accused civil society activists of leading the resistance against the coup with backing and funding from the west. The military wants to destroy civil society, and many are being attacked and killed, so there is a lot of fear. Those in detention are in terrible conditions. Many have been tortured.

Other activists who became aware that the coup was imminent were able to flee the country or leave the cities. They now operate from the outside, in Thailand and at the Thailand-Myanmar border, supporting those still in the country.

We are calling for justice and the removal of the military from power. We have been calling for international sanctions since 2017, following the Rohingya genocide. However, at the time the international community was unwilling to take strong action, as they hoped that democratic reforms would be undertaken by the government of the National League for Democracy. There was only symbolic action but no targeting of the government at that time.

Following the coup, we made clear to the international community that if we fail to take appropriate action, the junta would be emboldened to commit more crimes. Now, finally, targeted economic sanctions have been imposed and some companies, such as Chevron and Total, have decided to leave Myanmar. Some argue that economic sanctions will push Myanmar closer to China, but those people forget that in 2007, following sanctions after the Saffron Revolution, there was an internal revolt that led to the transition to a civilian government. The junta can’t survive long-term economic sanctions. The people of Myanmar know they may suffer due to sanctions, but many have told me they welcome them as long as they hit the military.

We are also pushing for an arms embargo and to stop the sale of jet fuel to the junta, which they have used to bomb civilians. Another thing we request from the international community is humanitarian support.

We are concerned about the UN’s position, which appears to view the military as a stakeholder in a potential power-sharing agreement. The UN Special Envoy recently expressed this position and we were very disappointed.

We also have concerns with the shadow National Unity Government (NUG) formed in exile by those who had been democratically elected, because we have observed the exclusion of minorities. The NUG has no Muslim representation, so we don’t have a voice. This also affects the NUG’s credibility.

How do you assess the response to the military coup by the Association of Southeast Asian Nations (ASEAN)?

In April 2021, a five-point consensus plan was agreed at an ASEAN summit. This included an immediate cessation of violence in Myanmar, constructive dialogue among all parties, the appointment of a special ASEAN envoy to facilitate dialogue, the provision of humanitarian assistance and a visit by the envoy to Myanmar.

However, ASEAN is not united on this. It includes three groupings that cannot agree on anything. For instance, Vietnam is close to Russia and would block any arms embargo. Thailand seems to support the military junta. Indonesia and Malaysia have taken a strong stand; we have engaged with them since day one and they have supported us. Singapore has also spoken up.

It doesn’t help that the permanent members of the UN Security Council are toying with ASEAN, using this regional body as their proxy. They have passed the buck to ASEAN to resolve an issue that they have failed to tackle.

We can’t expect more from ASEAN than it can deliver. We want the military to be removed from power and replaced with a civilian government, and this is something many ASEAN governments don’t understand. ASEAN’s five-point consensus plan has not been implemented. ASEAN has no weight on Myanmar unless China or the USA move.

We seem to have excessive expectations placed on ASEAN, while in fact there is not much it can do. The rest of the international community should step up and do more.

What can international civil society do to support activists in Myanmar and hold the junta accountable?

In the past we only focused on human rights investigations, but now we are also doing humanitarian work. We are renting and setting up safe houses to hide people and helping them leave the country. Costs have greatly increased but funding has remained the same.

Those working in the country need the support of international civil society, and new ways to deliver support need to be devised because it has become dangerous to receive funds as the junta is monitoring bank accounts. There are also issues of accountability and transparency, as we cannot disclose the names of the people we are helping.

However, I believe if we overcome this challenge, Myanmar’s civil society will emerge very strong. But we need more understanding and engagement with us.

I believe nothing lasts forever and this too will pass. The junta will have to leave at some point. While the situation is quite bad, a good sign is that many military personnel have changed sides and now support the NUG. But we need to continue our struggle with a clear vision of the future that is centred on human rights and democracy. And we need support from the international community so those struggling on the ground will one day see their dreams come true.

Civic space inMyanmar is rated ‘repressed’ by theCIVICUS Monitor.
Get in touch with BHRN through itswebsite and follow@kyawwin78 on Twitter.
Myanmar: Continued crackdown on civil society undermines efforts to address COVID-19
Statement at the 44th Session of the UN Human Rights Council

Interactive Dialogue with the Special Rapporteur on Myanmar

CIVICUS welcomes the Special Rapporteur’s update, and looks forward to our future engagement.

This is a critical time in Myanmar, where a crackdown on expression, peaceful assembly and access to information is a barrier to accountability and undermines the country’s efforts to address the COVID-19 pandemic. Individuals have criminalised for speaking out, reporting or protesting again human rights violations.

Members of the Peacock Generation, a slam poetry troupe, who were convicted under the Telecommunications Act and Section 505(a) of the Penal Code remain in prison for their satirical criticism of the government. The Peaceful Assembly and Procession Law has been used against those protesting the internet blackout in Rakhine and Chin states. These laws, and countless others, make up the repressive legal framework used against independent journalists and human rights defenders who speak out on crimes perpetrated by the government.

The report of the IIMM presented during the 42nd Session of this council said that Myanmar’s future depends on the clear demonstration that its international crimes will not be tolerated. It also depends on those in Myanmar who speak out on violations and advocate for positive change being listened to, rather than persecuted. We call on the Myanmar government to do so, and on the international community to stand by these activists.

We ask the Special Rapporteur: what are your priorities for your time in this mandate, and how do you see the role of an open civic space in achieving accountability? Finally, how can civil society support you in your work?

Civic space in Kuwait is currently rated as Repressed 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

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Myanmar: Government continues to use an array of laws to silence its critics
Statement at the 43rd Session of the UN Human Rights Council during Interactive Dialogue with the Special Rapporteur on Myanmar
Watch our statement below

We thank the Special Rapporteur for her final report on Myanmar (see all reports), and the outstanding work the mandate has carried out despite the lack of access granted to the country.

As highlighted in the report, Myanmar has undergone appalling developments in its human rights framework since the Special Rapporteur began her term – from the elections in 2015 which saw a groundswell of hope for positive change, to the horrors of genocide and crimes against humanity against the Rohingya in Rakhine state.

But curtailment of fundamental freedoms and total crackdown on any criticism of authorities has remained grimly consistent. Using an array of restrictive laws, the government has sought to systematically silence dissent. Members of the Peacock Generation poetry troupe face charges in township after township for their satirical criticism of the military, and remain in jail. The internet shutdown in Rakhine state remains in place. Rohingya campaigners outside the country face threats while protesters continue to be arbitrarily arrested and convicted.

Filmmaker Min Htin Ko Ko Gyi and Reuters journalists Wa Lone and Kyaw Soe Oo have been released, but the chilling effect caused by their imprisonment, for undermining the military and reporting on military atrocities respectively, remains.

The ICJ ruling in January 2020 brought the possibility of accountability for grave human rights abuses one small step closer. Now the Security Council and the wider international community must uphold their obligations to ensure those responsible are brought to trial. And accountability will never be achieved if those who speak out, now, continue to be arrested and imprisoned.

Those on the ground, the human rights defenders and activists who are trying to achieve change, need international support. It is imperative that this crucial mandate is renewed and we ask the Special Rapporteur, as she reaches the end of her mandate, what more this Council can and should be doing to support those in Myanmar brave enough to speak out?

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


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United Nations

Re: UN agencies, funds, programmes and other entities engagement with the military junta