civil liberties
-
The French “separatism” bill raises concerns for rights and civil liberties
Dear Commissioner Didier Reynders,
Dear Michael O’Flaherty,
Cc: Commissioner Ylva Johansson, Vice President Vera Jourová
The French “separatism” bill raises concerns for rights and civil liberties: the European Commission must question France
We, civil society organisations that advocate for rights and values, for the defence of civil liberties and the rule of law, and against any form of discrimination, are writing to raise concerns about the French “separatism” bill («projet de loi confortant le respect des principes de la République») currently under discussion in Parliament.
Numerous actors including associations in France[1], the national human rights body[2] and European organisations[3] have expressed major concerns over the bill and the implications it would have for rights and civil liberties. Among the provisions raising worries is a so-called “Contract” of Republican Engagement, that the Government will introduce by a Decree, which will give administrative authorities the right to withdraw public funding and extended possibilities for dissolution with a limited role for the judiciary. Additionally, it introduces unnecessary controls on foreign funding that cast a negative presumption on all civic organisations receiving funding from abroad.
The bill may be considered by EU institutions as implementing EU law on combating terrorism, racism and xenophobia and its provisions may lead to disproportionate restrictions of freedom of association (article 12 of the Charter of Fundamental Rights of the EU - CFR), freedom of expression (art. 11 of CFR) and freedom of thought, conscience and religion (art. 10 CFR), as well as to the violation of the right to non-discrimination (art. 21 CFR). There is concern that the bill as currently drafted will affect minorities based on their ethnic origins, Muslim populations or people considered to be Muslim, and associations standing up for their rights.[4]
Organised civil society is a key pillar of French democracy and an important watchdog in ensuring the respect for the rule of law. We are alarmed by the fact that the law is dramatically increasing the control of public authorities and institutions on the right to associate, departing from the more than centennial liberal framework that made the French civil society sector one of the strongest and most vibrant in Europe and the world. Our concern extends to the fact that the French Government is restricting parliamentary debate to pass the law by a fast-track procedure and without consultation with civil society ahead of the legislative process.
If the law is passed in its current form, it will also set a dangerous precedent for the rest of Europe. As a recent case in point, legislation stigmatising and restricting access to foreign funding to associations in Hungary was later proposed in Poland and Bulgaria[5].
The European Commission recognises the important role of civil society in the “ecosystem” of access to rights by all in the EU. The recognition of civil society’s role in safeguarding the rule of law was expressed in the Commission’s first rule of law report, and through the infringement procedure against Hungary’s law on the transparency of organisations supported from abroad. Another very positive development is illustrated by the Citizens, Equality, Rights & Values (CERV) programme funding’s increase for the 2021-2027 period.
We urge the Commission to show a similar willingness to support civic actors in France by expressing concerns about the draft law. In particular, we call on the European Commission to:
- Question publicly the provision restricting the right to associate and civil liberties included in the draft proposal, with no delay;
- Open discussions with the French authorities on the current state of civic space and rule of law in the country and associate French civic actors in appropriate forms.
We are counting on the European Commission and the European Fundamental Rights Agency to act swiftly in raising concerns regarding restrictions to rights and civil liberties with regards to the draft bill.
LIST OF SIGNATORIES
European and global Networks
- CIVICUS - Global
- Civil Society Europe - Europe
- Equinox - Europe
- European Center for Not-for-Profit Law (ECNL) – Europe
- European Civic Forum (ECF) - Europe
- European Network Against Racism (ENAR) - Europe
- Reclaim EU - Europe
French organisations
- Le Mouvement Associatif – France
- Ligue des droits de L’Homme (LDH) - France
- Action Droits des Musulmans (ADM) - France
- Alliance Citoyenne – France
----------------------------------------------------------------------------
[1] See, for example, Joint open letter – for the attention of senators: Bill “reinforcing respect for the principles of the republic”, 7 April 2021, the national platform, Le Mouvement Associatif, “Projet de loi Respect des principes républicains: propositions du Mouvement associative” (lmahdf.org), 13 January 2021; The coalition for associative freedoms, a Coalition bringing together more than 10,800 supporters: "Separatism law": associative freedoms in danger.
[2] Commission nationale consultative des droits de l’homme , Second avis sur le projet de loi confortant le respect des principes de la République, 4 April 2021.
[3] COE, The Expert Council on NGO Law is concerned about the restrictions by the Bill to strengthen respect for the principles of the Republic by all, 31 March 2021, The Expert Council on NGO Law is concerned about the restrictions by the Bill to strengthen respect for the principles of the Republic by all - Newsroom (coe.int); ECNL, France aims to strengthen respect of republican values: but how does it affect civic space?, 10 December 2021.
[4] ADM analysis of the « projet de loi confortant le respect des principes de la République »
[5] European Commission, 2020 Rule of Law Report Country Chapter on the rule of law situation in Poland, 30 September 2021, pl_rol_country_chapter.pdf (europa.eu), p. 16; European Commission, 2020 Rule of Law Report Country Chapter on the rule of law situation in Bulgaria, 30 September 2021, bg_rol_country_chapter.pdf (europa.eu), p. 20.
Civic space in France is rated "Narrowed" by the CIVICUS Monitor.
-
French Separatism Bill threatens fundamental freedoms, warn civil society organisations
The proposed French "separatism" bill («Projet de loi confortant le respect des principes de la République») could threaten rights and civil liberties, according to French and European civil society organisations including CIVICUS, the European Civic Forum (ECF), Le Mouvement Associatif (LMA) and la Ligue des droits de l’Homme (LDH). French civil society organisations and trade unions have scheduled public demonstrations against the bill on 12 June 2021.
-
Restrictions on civil liberties curtail efforts to build back better
Statement at the 47th Session of the UN Human Rights Council
Delivered by Lisa Majumdar
Thank you, Madame President, and thank you High Commissioner for your report.
With sufficient and shared resources, the pandemic can and will be overcome. However, the ramifications of rollbacks in hard-fought gains in civil and political rights – whether willful or unwilful – could last for generations. Continued restrictions will curtail any chance of building back better. Our collective strength to recover risks being undermined by eroding democratic safeguards, attacking human rights defenders, and stifling people’s ability to participate in public life. Our ability to prevent and respond to future crises is made stronger by – and would be impossible without – civil society participation.
The CIVICUS Monitor found that multiple States used their pandemic response to introduce or implement restrictions on civic freedoms, with far-reaching implications. Authorities in China continued their path of repression, censoring numerous articles and social media posts about the pandemic. Emergency bills drafted by Cambodia, Hungary, Serbia and Botswana granted sweeping powers to the executive and restricted human rights. The pandemic was used as a smokescreen for attacks against protesters and to undermine civil society.
Fundamental freedoms and an independent civil society are not only valuable for their own sake, but form the basis of participatory and effective governance which is essential to tackle global emergencies. To this end, we particularly support the recommendation that human rights monitoring capacity be enhanced to warn early on of potential violations, inform policies and protect human rights. The pandemic is far from over and its human rights implications are still emerging; we urge continued monitoring of and action on this issue by the Council.
Thank you.
-
Zambia: New government must lift restrictions on civil liberties
🇿🇲#Zambia: We urge President @HHichilema to undertake commitments for a bold human rights agenda & revive civil liberties.
— CIVICUS (@CIVICUSalliance) August 19, 2021
The President must fulfill promises made during the election period to build a better Zambia, based on democratic principles. https://t.co/n2dePIWRgE pic.twitter.com/T0usgqRnpuGlobal civil society alliance CIVICUS congratulates President Hakainde Hichilema on his election as the new President of Zambia and commends the millions of people of Zambia for participating in the electoral process that has seen the transition of power from former President Edgar Lungu to a new government. The people of Zambia braved the Covid-19 pandemic, concerns of violence, and internet restrictions ahead of the elections to exercise their civic duty.
“Zambians have demonstrated to the world a resolve to chart their own democratic path in a constitutional way; to return to a space where human rights and fundamental freedoms are respected, promoted, and protected. We urge the government of President Hichilema to promote and protect human rights principles and good governance for a better Zambia.” Said Dr Paul Mulindwa, Advocacy and Campaigns Officer, CIVICUS.
Over the last five years in Zambia civil liberties deteriorated as Zambian authorities arrested journalists, suspended independent media platforms and subjected human rights activists to judicial persecution. Several activists have been targeted particularly for calling for accountability in the management of state finances and for protesting against corruption.
President Hichilema’s government has a responsibility to initiate broad consultations with civil society, reverse civic space restrictions imposed by his predecessor and respect fundamental freedoms in line with Zambia’s constitution and international human rights obligation.
We urge the new government to:
- Carry out an independent investigation into the violence ahead of the elections and bring the perpetrators to justice. Lift the ban on all independent media outlets, particularly Prime TV, and lift all restrictions on online freedoms and create an enabling environment for independent media, journalists, and activists to freely express their views without fear of intimidation and harassment.
- Adhere to and respect the provision of the African Charter on Democracy, Elections and Governance, including not restricting access to internet as a standard practice in future elections.
- Honour its obligations under the International Covenant on Civil and Political Rights, the African Charter on Human and People’s Rights, and all other human rights obligations and commitments.
- Fulfil the promises made during the electoral processes including building a better Zambia, based on democratic principles.
The CIVICUS Monitor, an online platform that tracks threats to civil society in countries across the globe, rates civic space – the space for civil society – in Zambia as Obstructed.
