Issue No 42

June 2009

Welcome to Civil Society Watch Monthly Bulletin, an e-newsletter of updates and analyses concerning civil society's rights to freedom of association, assembly and expression around the world. The Bulletin is compiled by the staff at Civil Society Watch, a programme of CIVICUS: World Alliance for Citizen Participation. Please feel free to forward the Bulletin to friends and colleagues. We welcome your comments and contributions!

 

INSIDE THIS ISSUE

 

FRONTPAGE
PERU: Conflict lingers - Rights of indigenous peoples still in question

 

CIVICUS ALERTS
AZERBAIJAN: CIVICUS expresses its concerns in a letter to the President of the Republic of Azerbaijan
MOLDOVA: Directives aim to intimidate civil society organisations
NICARAGUA: Manual on international cooperation postponed
UZBEKISTAN: Renewed crackdown on independent civil society in Uzbekistan
UZBEKISTAN: Uzbek civil society activists detained for commemorating 2005 massacre

 

ANALYSIS
ITUC annual survey of trade union rights violations

 

GOOD NEWS
MALAYSIA: Three human rights activists released
PERU: Two decrees revoked after months of protest
TURKMENISTAN: Over 1000 prisoners granted pardon
NIGERIA: Shell reaches Financial Settlement for Deaths

 

COUNTRY UPDATES
BELARUS: Largest fine yet for unregistered religious activity
BOLIVIA: Supreme decree on terrorism could impact on media
CAMBODIA: “The Perilous State of Freedom of Expression”
EGYPT: More stringent violations of the right to privacy
GREECE: 86 year old human rights activist “Poses threat to national security”
IRAN: British embassy staff to be put on trial
KYRGYZSTAN: Resolution offered for the restrictive new religion law
MOLDOVA: Controversial new penalties for religious activities
PAKISTAN: Media left paralysed
PHILIPPINES: Thousands protest proposed resolution to amend the Philippine constitution
PHILIPPINES: Activists receive direct death threats
SOMALIA: Director of Radio Shabelle killed
SUDAN: Approval of a new press law
SWAZILAND: Media Institute of Southern Africa condemns arrest of human rights lawyer
SYRIA: Drafts of new press law
TURKEY: Dozens of trade unionists arrested on terrorism charges
UZBEKISTAN: Five activists of Human Rights Alliance of Uzbekistan arrested

 

RESOURCES AND PUBLICATIONS
Amnesty International Report 2009: State of the World’s Human Rights
Katito, George and Aggad, Faten, “Strategies for Effective Policy Advocacy: Demanding Good Governance in Africa,” South African Institute of International Affairs Research Report, No. 3, June 2009.
United States Commission on International Religious Freedom 2009 Annual Report

 

FRONTPAGE

 

PERU: Conflict lingers - Rights of indigenous peoples still in question

Violence recently erupted in Peru, stemming from protests over controversial decrees that allow the Peruvian government to further open parts of the Amazon region for development and the extraction of oil, minerals, timber, and other natural resources by multinational corporations. In the wake of this violence, CIVICUS’ Civil Society Watch interviewed Peruvian civil society leader, Rosa Mendoza, to learn more about the aftermath of the recent protest and their impact on civil society in Peru. Rosa Mendoza is on the board of the Peruvian civil society group Asociación Nacional de Centros (ANC) and an executive committee member of the Conferencia National sobre Desarrollo Social (CONADES).

What were some of the events and root causes underlying the protests led by the indigenous peoples of Peru in recent months?
To facilitate the implementation of the Free Trade Agreement, the Peruvian Congress gave permission to the President to propose legislative drafts that were passed in a hurry in June 2008 without consulting indigenous people who were directly affected as mandated by the ILO Convention 169. Development as understood by these laws involves the intensive exploitation of land for timber, palm oil and other crops and extraction of gas and petroleum from under their surface.

These laws were passed without consultation from indigenous peoples, which is their right under the Constitution of Peru, and the indigenous people and government of Peru differ with respect to development models, the use of land, and the role of consultation from the indigenous peoples. A number of voices in Peruvian civil society were alarmed by these issue, as 12 of these laws were in one way or another attempting to undermine indigenous people rights’ over the use of land.

In the wake of the violent suppression of protestors, what steps has the government taken to provide justice to the victims of the violence?
A month after the tragedy, the Peruvian Ombdusman Office reported 33 people dead (23 policemen, five inhabitants from Bagua and five indigenous citizens) and one missing policeman, Major Bazan. They also reported that 200 people were injured and 83 people were arrested. This is the only official information available in regards to the recent violent clash. A version that came a few days after 5 June is that policemen were burning corpses and throwing them in a nearby river. One hypothesis is that a policeman's body was one of them. Mixed up with the dead of the indigenous peoples, he was also thrown in the river. One week ago a corpse was found but there is no news yet about its identity.

On the other hand, the government accepted a visit from the United Nations Special Rapporteur on the situation of human rights and fundamental freedoms of indigenous people, Professor James Anaya, from 17 to 19 June, as asked by a number of indigenous and civil society organizations. He declared that there was no genocide, but he also recommended an impartial commission conduct a thorough investigation. That commission should have participation from all the involved actors (indigenous peoples and government authorities) and some representation at the international level that guarantees transparency and confidence in its findings.

What is the overall environment for civil society’s operations in Peru? How will the recent events likely impact the future of civil society in Peru, in particular the freedom of expression, association, and assembly?
Unfortunately, all the elements show a polarization in the attitude of the government against independent civil society, including NGOs and grassroots organizations. On 2 July, a Peruvian congressman proposed a bill to introduce a change in NGO laws in Peru, which intends to control the funds received by civil society organizations. This bill establishes that international cooperation complements the State's role, and as a consequence it assumes the right to inquire about the origin of the funding responding to the principle of "national sovereignty." The bill also proposes a new set of infringements and restrictions in addition to administrative sanctions related to national security, law and order, and protection of public health. The rationale and the wording could be used in a number of ways against civil society organizations that counter the government’s opinions and prerogatives. A similar bill was passed and then abolished because it was found unconstitutional a couple of years ago. Because of this reason, ANC (the national association of Peruvian NGOs) has prepared actions against this bill.

Will the recent events and protest on the part of the indigenous people’s organizations lead to their greater involvement in the political process of the Peruvian government?
One of the issues that is part of the problem that presently faces Peru is the weak party system. Much of the population does not feel represented by the elected authorities that control the government. For instance, in June, a survey conducted by the Peruvian Company of Market and Public Opinion Research found that President García’s approval rating was 21.1 percent at the national urban level, where as in April it was at 29.2 percent. If the research was to include rural areas it would be even less. In another survey conducted by IPSOS APOYO, 92 percent of those surveyed think the law decrees enacted by President Garcia were the cause of the indigenous peoples uprising and that the indigenous people should have been consulted in the creation of those decrees.

Indigenous Andean organizations are interested in to participate in the election process, yet this movement is relatively young. AIDESEP, the Amazon based federation of regional organizations was created almost 30 years ago, yet its members were reluctant to participate directly in politics until recently. It remains unclear what decisions they are going to take regarding issues related to development, use of land, and extraction of natural resources. However, they have become a visible social actor in national issues in recent times. They might opt for direct participation or casting their votes to some of the candidates that are beginning to appear for the next presidential elections and Elections at local and regional levels. One of the things they have to work out are the differences between Amazon and Andean groups, which is something that they are already beginning to work out at the international level.

 

CIVICUS ALERTS

 

AZERBAIJAN: Letter to the President of the Republic of Azerbaijan

15 June 2009 -CIVICUS supports participatory democracy and citizens’ freedom of association around the world.
We are deeply concerned with regard to the proposed amendments to the Azerbaijan Republic’s Law on Non-Governmental Organisations, which were discussed in the Milli Mejlis on 19 June.

Read the full article: http://www.civicus.org/csw_files/Azerbaijan_NGO_bill.pdf

 

MOLDOVA: Directives aim to intimidate civil society organisations

12 May 2009 - CIVICUS is very concerned that the governemnt has initiated a number of repressive actions against non-governmental organisations (NGOs) in the aftermath of the elections of 5 April 2009

Read the full article: http://www.civicus.org/csw_files/LetterMoldova-12.05.09.pdf

 

NICARAGUA: Manual on international cooperation postponed

24 June 2009 - Letter sent to the President of Nicaragua welcoming the postponed implementation of the draft manual on International Cooperation

Read the full article: http://www.civicus.org/csw_files/CIVICUS-statement-Nicaragua.pdf

 

UZBEKISTAN: Renewed crackdown on independent civil society in Uzbekistan

1 June 2009 – Government has stepped up its harassment of independent civil society activists, following a reported explosion on the border with Kyrgyzstan the night of 25 May.
At least five human rights defenders were detained by police.

Read the full article: http://www.civicus.org/csw/1074

 

UZBEKISTAN: Uzbek civil society activists detained for commemorating 2005 massacre

13 May 2009 - CIVICUS has expressed concern over the detention of well-known civil society activists in Tashkent, Uzbekistan for commemorating the anniversary of the 2005 “Andijan Massacre”.

Read the full article: http://www.civicus.org/csw/1059

 

ANALYSIS

 

ITUC annual survey of trade union rights violations.

According to an ITUC Annual Survey of Trade Union Rights Violations, 2008 was another difficult and dangerous year for trade unionists around the world. According to the report on workers' rights in 143 countries, over 76 trade unionists defending workers' rights died as a result of targeted killings, and many more experienced physical attacks and other forms of intimidation. The number of killings in Colombia, which is deemed the most dangerous place on earth for trade unionists, reached 49 - an increase of 10 over the previous year. Nine unionists were murdered in Guatemala, which in recent years has witnessed an increase in violent attacks against trade union representatives and members. In a number of instances, governments were either directly or indirectly involved in the killings. Some 7,500 cases of workers’ dismissal as a result of their involvement in trade union activity were recorded in a total of 68 countries, including 20 countries in Africa alone. Disturbing trends in labour rights in industrialised countries are also evident in the survey, as trends toward contracting labour and use of "third-party" labour agency employment continue to increase.

Read the full article: http://www.ituc-csi.org/spip.php?article3800

 

GOOD NEWS

 

MALAYSIA: Three human rights activists released

Malaysian authorities released three human rights activists from the Hindu Rights Action Force (HINDRAF) on 9 May 2009. The three men were among a group of five HINDRAF activists that were arrested and detained under the Internal Security Act (ISA) in December 2007 for organising protest rallies without a permit. Two of the HINDRAF activist were ealier released on 5 April 2009.

Read the full article: http://www.amnesty.org/en/news-and-updates/good-news/three-activists-released-malaysia-20090511

 

NIGERIA: Shell reaches Financial Settlement for Deaths

The 13 year old case in which Shell allegedly was complicit in murder, torture and other abuses by Nigeria's former military government against campaigners in the oil-rich Niger Delta. Ken Saro-Wiwa and the eight others were members of the Ogoni ethnic group from the Niger Delta. These non-violent protesters had been campaigning for the rights of the local people and protesting at pollution caused by the oil industry and were executed after being convicted by a military tribunal over the 1994 murder of four local leaders.

Read the full article: http://www.huffingtonpost.com/stephen-kretzmann/shells-settlement-doesnt_b_213352.html

 

PERU: Two decrees revoked after months of protest

Peru's Congress voted overwhelmingly to revoke two decrees that indigenous peoples groups claimed would result in the exploitation of their native lands for oil drilling, mining and logging by international companies. The vote occurred after months of protest that left dozens of civilians and state police officers killed. Daysi Zapat, vice president of the Interethnic Assosiation for Development of the Pervuvian Jungle declared the government’s moves to recind the two decrees as a “historic day" for the indigenous peoples of Peru.

Read the full article: http://edition.cnn.com/2009/WORLD/americas/06/18/peru.indians/index.html

 

TURKMENISTAN: Over 1000 prisoners granted pardon

The president of Turkmenistan has pardoned 1,671 prisoners in a move designed to appease international concerns regarding the country’s abysmal human rights record. Earlier plans to declare the pardon on the 9 May Victory Day holiday were postponed after law enforcers were discovered accepting bribes of up to $ 100,000 from the relatives of prisoners pleading for their release.

Read the full article: http://www.gundogar.org/?0220047836000000000000011000000

 

COUNTRY UPDATES

 

BELARUS: Largest fine yet for unregistered religious activity

The government of Belarus imposed its largest fine yet for unregistered religious activity, fining Vladimir Burshtyn, a Baptist in the eastern town of Osipovichi, 700,000 Belarusian Roubles (329 US Dollars) - the equivalent of two months’ average wages. Burshtyn, according to report from Forum 18 News Service, received this fine after organising choir singing and conducting public discussions on religion.

http://www.forum18.org/Archive.php?article_id=1147

 

BOLIVIA: Supreme decree on terrorism could impact on media owners

Media outlets in Bolivia face increased restrictions after Supreme Decree 0138 was issued by Bolivian President Evo Morales. The Decree, issued on 20 May 2009, orders the confiscation of possessions by individuals suspected of financing or supporting terrorism. Morales stated that this will also apply to owners of media outlets thought to engage in or support "separatists” activities..

http://www.ifex.org/bolivia/2009/05/28/decree_on_terrorism/

 

CAMBODIA: “The perilous state of freedom of expression”

On 8 June 2009, the Phnom Penh Municipality government in Cambodia reportedly sent armed forces to close the Lazy Fish guesthouse in the Boeung Kak area after its owner agreed to rent the premises to the Cambodian Centre for Human Rights (CCHR) for a public forum on "Human Rights and Development" on 12 June. The CCHR suspend its forum after the guesthouse was forcibly closed and in a joint statement released by the Cambodian Centre for Human Rights (CCHR), Community Legal Education Centre (CLEC), Independent Democracy of Informal Economic Association (IDEA), Khmer Kampuchea Krom Human Rights Association (KKKHRA), and Cambodian League for the Protection and Defence of Human Rights (LICADHO), the civil society groups accused the Cambodian government of restricting freedom of expression, leading a “perilous state of freedom of expression” in the country.

http://www.ifex.org/cambodia/2009/06/11/civil_groups_protest/

 

EGYPT: More stringent violations of the right to privacy

After forcing internet café owners to register the names and identities of customers who visit their cafés frequently, Egyptian security officers are now asking internet café owners to monitor which websites their customers browse and report to the police anyone who browses "political" websites. Security forces recently raided an internet cafe in the Agouza district and arrested the owner because he did not keep a book with the details of his clients.

http://www.ifex.org/egypt/2009/06/11/internet_cafe_raided/

 

GREECE: 86 year old human rights activist “poses threat to national security”

86 year old French citizen and president of the Association of French Aromanians, Iancu Perifan, was refused entry into Greece on 2 May. Upon his arrival at the Greek-Albanian Kristallopigi (Florina) border crossing he was given a refusal of entry note in Greek and Albanian (he speaks neither language) explaining that he was being refused entry because he was an "individual dangerous to national security”. The denial stems from the authorities' disapproval of his views and writings on minority rights, according to a report from the International Expression of Freedom eXchange.

http://www.ifex.org/greece/2009/05/11/human_rights_defender_refused_entry/

 

IRAN: British embassy staff to be put on trial

An Iranian cleric has said that some local British embassy staff will be put on trial for allegedly stoking post-election violence, a move set to put further strain on their frayed ties. Seven of the nine local staff originally detained by the Iranian authorities have now been released.

Iran accused the embassy employees of instigating riots in the unrest that erupted over the disputed re-election of President Mahmoud Ahmadinejad

http://www.google.com/hostednews/afp/article/ALeqM5hlb7j4oROXwrnPsSY_NnIyFk9_Sw

 

KYRGYZSTAN: Resolution offered for the restrictive new religion law

Government officials in Kyrgyzstan claim they have formed a Commission of government and religious representatives to resolve three controversial provisions of the new restrictive Religion Law signed by President Kurmanbek Bakiev in January 2009. However, officials refuse to provide a timetable for any decisions or to say if these restrictive provisions will be removed.

http://www.forum18.org/Archive.php?query=Resolution+offered+for+the+restrictive+new+religion+law&religion=all&country=all&results=10

 

MOLDOVA: Controversial new penalties for religious activity

Moldova's new Code of Administrative Offences, which came into force on 31 May, contains a controversial article with a range of punishments for peaceful religious activities. The original article punishes all unregistered religious activity was heavily criticised by the European Court of Human Justice. However the only noted change in the article, as noted by Forum 18, is the replacement of the last phrase which reads: “which contradicts the current legislation.” Article 54 Part 3, which replaces the condemned Article 200 Part 3, also prescribes a fine and deportation for foreigners who conduct religious activity without notifying the local authorities in advance.

http://www.forum18.org/Archive.php?article_id=1308

 

PAKISTAN: Media left paralysed

In a bid to stop the Taliban from reinforcing their positions in the Swat Valley, the Pakistan military has launched a military offensive in the region. As a result the valley continues to plunge into chaos, endangering the civilian population, creating a refugee crisis, and bringing media reporting to a halt. Local newspapers have stopped publishing for safety reasons, national newspapers have ceased distribution in the region, and cable broadcasts to region are crippled and unavailable. The authorities have also introduced a curfew in the Swat and neighbouring districts and limited freedom of movement.

http://www.ifex.org/pakistan/2009/05/07/media_in_danger_in_swat_valley/

 

PHILIPPINES: Thousands protest proposed resolution to amend the Philippine constitution

10 June 2009. Following moves by the Philippine House of Representatives to amend the country’s constitution, thousands of protestors marched through Manila’s financial district to denounce the latest efforts to amend the constitution. Over 5,000 police officers were deployed to guard the 15,000 demonstrators protesting against the charter change, commonly called “cha-cha” in the Philippines. Despite opposition by the Philippine Senate, the House of Representatives passed a resolution a week prior to the protest, which critics fear will enable President Gloria Macapagal Arroyo to postpone next year’s elections.

http://www.earthtimes.org/articles/show/272553,thousands-protest-against-constitutional-changes-in-philippines.html

 

PHILIPPINES - Activists receive direct death threats

Chairperson of Kilusan para sa Pambansang Demokrasya - KPD (Movement for National Democracy) in Central Luzon, Mr Francisco Honra, Secretary-General of the Nuclear Free Bataan Movement (NFBM) and Ms Emily Fajardo, KPD worker organiser and NFBM treasurer received direct death threats in June. These three defenders were working on a case of arbitrary arrest and torture.

http://www.awid.org/eng/Women-in-Action/Appeals-Urgent-Actions/Urgent-Action-Front-Line-The-Philippines-Death-threats-against
-human-rights-defenders-Ms-Aurora-Broquil-Mr-Francisco-Honra-and-Ms-Emily-Fajardo

 

SOMALIA: Director of Radio Shabelle killed

Mukhtar Mohamed Hirabe, Director of Radio Shabelle, one of Somalia’s leading independent radio stations, was killed by two gunmen on 7 June in Bakara Market, Mogadishu. Somalia remains one of the most dangerous countries in the world for journalists to operate and Hirabe is the fifth journalist to be killed in 2009 and the third victim of a targeted killing this year.

http://www.protectionline.org/spip.php?article8332&decoupe_recherche=Director%20of%20Radio%20Shabelle%20killed

 

SUDAN: Approval of a new press law

The Sudanese Parliament recently approved the draft of a press law which was widely opposed by Sudanese journalists and civil society organisations. The law is a severe strike against the freedom of the press in Sudan and paves the way for more suppression and confiscation of materials and information that are unfavorable to government.

http://www.ifex.org/sudan/2009/06/11/draft_press_law_approved/

 

SWAZILAND: Media Institute of Southern Africa condemns arrest of human rights lawyer

The Media Institute of Southern Africa (MISA) in Swaziland recently learned of the arrest and detention of human rights lawyer, Thulani Maseko. Maseko was arrested on 2 June 2009 and charged under the Sedition and Subversive Activities Act of 1938. Maseko was arrested for alleged utterances he made during a Workers Day event held on 1 May 2009 in the city of Manzini.

http://www.ifex.org/swaziland/2009/06/10/maseko_arrested/

 

SYRIA: Draft of a new press law

On 10 May an informal committee of Syrian government officials convened and began the drafting of a new press law. According to reports, the draft of the new press law will continue to subject the press to criminal code while further extending penalties to internet users. Under the current press law, adopted in 2001, journalists can be jailed if they “attack the state’s prestige or dignity, national unity or army morale (...) the national economy (...) or the security of the currency”.

http://www.hrea.org/lists2/display.php?language_id=1&id=12763

 

TURKEY: Dozens of trade unionists arrested on terrorism charges

On Thursday 28 May 2009, the Turkish police invaded the Confederation of Public Employees’ Unions’ KESK headquarters in Ankara and the KESK local branch offices in Izmir, Istanbul, Van and Manisa. More than 30 members of the teacher’s union, Egitim Sem,

were arrested for unexplained reasons. According to the Turkish Press, the operation was "set up in the framework of a bigger operation aimed at cracking down on the terrorist organisation PKK".

http://www.ituc-csi.org/IMG/pdf/TU_arrests_29-05-09__final_.pdf

 

UZBEKISTAN: Five activists of Human Rights Alliance of Uzbekistan arrested

Five activists from the group, Human Rights Alliance of Uzbekistan, were detained after attempting to turn in a statement to the Czech Republic Embassy about continuous human rights violations by the government of Uzbekistan. It is reported that Ilnur Abdulov, Anatoly Volkov, Oleg Sarapulov, Tatiana Dovlatova and one more person, whose identity remains unknown, were detained and transported to Mirzo-Ulugbek center of internal affairs department in Tashkent. According to preliminary reports, Anatoly Volkov and his fellow detainees have reportedly been assaulted by state authorities while incarcerated.

http://enews.ferghana.ru/news.php?id=1234

 

 

 

RESOURCES AND PUBLICATIONS

 

Amnesty International Report 2009: State of the World’s Human Rights

Amnesty International is calling for a New Global Deal on human rights, because of a human rights investment gap by world leaders. "It's not just the economy, it's a human rights crisis – the world is sitting on a social, political and economic time bomb," said Irene Khan.

Read the full report: http://report2009.amnesty.org/en/

 

Strategies for Effective Policy Advocacy: Demanding Good Governance in Africa

Katito, George and Aggad, Faten, South African Institute of International Affairs Research Report, No. 3, June 2009.
This study is based on a research project carried out as part of the Governance and African Peer Review Mechanism (APRM) Programme of the South African Institute of International Affairs (SAIIA). This study attempts to distil lessons learned by a handful of African civil society coalitions on the dynamics of demanding improved governance of governments that are often averse to governance reform.

Read more: http://www.saiia.org.za/research-reports/saiia-research-report-no.-3-june-2009.html

 

United States Commission on International Religious Freedom 2009 Annual Report

“The Threat of Religious Extremism to Religious Freedom and Security” has been the Commission’s overarching theme during this reporting period, and unfolding events in Pakistan make clear the relevance of this theme to the 2009 Annual Report.

Read the full report: http://www.uscirf.gov/index.php?option=com_content&task=view&id=2260&Itemid=35

 

 

CONTACT US

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CIVICUS is an alliance of members and partners in over 100 countries, dedicated to strengthening civil society and citizen action around the world. Civil Society Watch is a programme of CIVICUS, which seeks to expose, address and prevent threats to civil society's rights to freedom of association, expression and assembly. For more information, visit www.civicus.org and www.civilsocietywatch.org

www.civicus.org/csw

DISCLAIMER:

The views expressed in this bulletin are a reflection of those contained in the original reports to which they are linked here, and are not necessarily those of CIVICUS: World Alliance for Citizen Participation.