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• Alert: Bangladesh’s restrictive NGO law undermines development efforts, should be reviewed

  Bangladesh’s new Foreign Donations law is in breach of international norms and agreements, says global civil society alliance, CIVICUS.  CIVICUS remains deeply alarmed that the Foreign Donations (Voluntary Activities) Regulation Act which was enacted last month will have serious negative consequences for Bangladeshi civil society and prevent them from undertaking their essential and legitimate work.

  “Worryingly, the law endows the government officials with broad powers to sanction civil society groups which are critical of the state or its policies and imposes arbitrary restrictions on access to vital funding to engage in sustainable development activities,” said Tor Hodenfield, Policy & Advocacy Officer from CIVICUS. “We urge the government to undertake a review of the law’s restrictive provisions in light of constitutional and international commitments and in the interests of the people of Bangladesh whom the country’s vibrant civil society serves.”

  Bangladesh is party to several international agreements, including the Busan Partnership for Effective Development Cooperation which obliges states to create an enabling environment for civil society organisations to maximise their contribution to development, as well as the Sustainable Development Goals framework which promises effective and meaningful civil society partnerships and protection of fundamental freedoms.

  Under the new law, foreign-funded NGOs which make ‘inimical’ and ‘derogatory’ remarks against the constitution and constitutional bodies, including the President, Prime Minister, Parliament, and the Supreme Court, can be subjected to criminal and administrative sanctions. Specifically, the law stipulates that the authorities may unilaterally deregister, withhold the registration or ban the activities of an NGO if it makes such comments. These provisions breach fundamental freedoms of expression and association and preclude civil society groups from publically scrutinising state policies and practices.

  In addition, the law places unwarranted and targeted controls on NGOs which receive funding from foreign sources. Under the law, all foreign-funded NGOs must register with the NGO Affairs Bureau (a state institution seated within Prime Minister’s office), submit regular activity reports and secure the Bureau’s prior approval before initiating any project which will use foreign donations. The law further imposes arbitrary and onerous limitations on how NGOs can use their own resources. Without justification, the law precludes NGOs from spending more than 20% of their budget on administrative costs.

  We urge the Government of Bangladesh to initiate (i) a dialogue with Bangladeshi civil society who will be severely impacted by the law’s restrictive provisions, and (ii) undertake a review process of the law to evaluate its compatibility with Bangladesh’s constitutional and international commitments. 

  Bangladesh is listed as repressed on the CIVICUS Monitor.

   

• CIVICUS, ANPED and Consumers International continue to serve as Rio+20 NGO Partners

  CIVICUS together with ANPED and Consumers International have been asked by the United Nations to continue to serve as Rio+20 NGO Partners through the end of May 2013 when the 20th and final session of the UN Commission on Sustainable Development (CSD) is scheduled to take place.

  The NGO Organizing Partners will communicate to the NGO Major Group through the following communications channels:

  • Regular updates on Post-Rio+20 developments through the ANPED-list of CSD/Rio+20
  • Facebook group on Rio+20
  • NGO MG Members for 2012 UNGA google group

  UN DESA had a mandate to facilitate the Major Group engagement with CSD, but with the Rio+20 outcomes under the UN General Assembly (UN GA), DESA does not have that mandate and is not currently in a position to comprehensively facilitate and finance Major Groups involvement. Consequently, In the fast-moving context of post-Rio, the Major Groups Organizing Partners have engaged in a series of consultations organized by UN DESA to organize themselves to share information inclusively and transparently with their respective constituencies, to facilitate the development of advocacy positions, to track political developments within the UN processes established by Rio+20, and to mobilize & coordinate lobbying strategies to the extent possible at UN HQ and national levels.

• GLOBAL ARMS TRADE: ‘By halting the supply of weapons, states can help prevent human rights violations’

  CIVICUS discusses civil society efforts to control arms proliferation with Hine-Wai Loose, Director of Control Arms, a global civil society coalition with over 300 partners in all regions of the world.

  Despite the extensive international effort that led to the 2013 Arms Trade Treaty, challenges remain in regulating the international arms trade and ensuring compliance with international law. Rising tensions only encourage increases in military spending, which is evidenced in the arms industry’s ongoing expansion. Civil society advocates such as Control Arms are pushing for disarmament, stronger arms controls and greater compliance and accountability.

  Why’s disarmament important, and why’s it so difficult to achieve?

  Disarmament can make a significant contribution to building global peace and security. When countries such as Russia and the USA agree to reduce the size of their nuclear arsenals through treaties such as the Strategic Offensive Reductions Treaty, it fosters trust and cooperation between nations.

  Disarmament and arms control measures also play a crucial role in protecting civilians caught in the crossfire of armed conflict or subjected to serious human rights abuses committed with guns, for instance. A good example of an instrument with the potential to protect civilians and civilian infrastructure during armed conflicts is the Declaration on Explosive Weapons in Populated Areas, the first international instrument to explicitly recognise that the use of explosive weapons in populated areas has serious humanitarian consequences.

  Weapons are also an expensive business. Disarmament can free up resources that can be redirected to economic and social wellbeing.

  However, when tensions between countries are as high as they are today, it is particularly challenging to advance disarmament and arms control treaties and norms. In these moments of elevated tensions there can be an increased risk of miscalculations or mistakes that could result in the threat or use of a nuclear weapon.

  Another major challenge is that states invest heavily in arms, using them as an insurance policy against uncertainty. As a result, the ever-expanding arms industry undermines efforts to create a more stable environment. Once tensions eventually subside, it will be difficult to reverse the arms industry’s increased capacity.

  What’s the role of the arms industry in fuelling conflicts?

  In the wake of the events of 7 October, the Wall Street Journal reported a six per cent increase in the value of US arms industry stocks, highlighting the inextricable link between the arms industry and the war machine.

  According to the United Nations (UN) Guiding Principles on Business and Human Rights, the arms industry has clear human rights obligations. But the industry is reluctant to accept responsibility for the impact of its products on human rights.

  In western countries, the arms industry often claims to defend democracy, borders and human rights. If these claims were sincere, the arms industry would ensure its operations comply with human rights standards. This would be crucial to reducing the negative impact of arms production and distribution on global conflicts.

  How does Control Arms work for effective arms control?

  Control Arms was established to build an international coalition to support the negotiation of the Arms Trade Treaty (ATT). This treaty aims to regulate the international arms trade, prevent the transfer of arms that could facilitate serious violations of international humanitarian law or international human rights law and reduce the human suffering caused by irresponsible arms transfers.

  Our first objective is amplifying the voices of civil society in the arms control dialogue. We aim to ensure that those affected by irresponsible arms transfers and those working on the ground are heard and included in deliberations on the international arms trade.

  Our second objective focuses on strengthening the rules governing international conventional arms transfers. We seek to strengthen the ATT’s norms and rules by engaging directly with states and advocating for stronger regulations.

  The third objective is to promote transparency and accountability in the global arms trade. An independent project of Control Arms is the ATT Monitor, through which an annual report assessing reports submitted under the ATT and providing valuable insights into the implementation of the treaty is produced.

  We participate in multilateral forums, from the ATT Conferences of States Parties to the Human Rights Council, to raise awareness how real-world cases of arms transfers that are not in compliance with international law impact on civilians. We explain how arms transfers affect human rights and international humanitarian law in places such as Gaza, Myanmar and Yemen. We identify states involved in questionable arms transfers and seek to hold them accountable for their actions. Engaging in such advocacy is not always easy, and nor is it necessarily welcome, but it is essential to ensuring that multilateral deliberations are informed by reality and states are called to account for their actions.

  What are the ATT’s key provisions?

  The ATT places international humanitarian law and international human rights law at the centre of arms transfers decisions. Article 6 prohibits transfers contrary to a state’s obligations under international law, or in cases where a state party has knowledge at the time of the authorisation that the weapons would be used in the commission of genocide, crimes against humanity and grave breaches of the 1949 Geneva Conventions.

  If the provisions of Article 6 do not apply, then before a state can transfer weapons it must undertake an assessment under Article 7. Under this assessment, an exporting state party is required without discrimination to ‘assess the potential’ that the weapons ‘would contribute to or undermine international peace and security’ or could be used to commit or facilitate serious violations of international humanitarian law or international human rights law. I am oversimplifying the risk assessment, but this is it in a nutshell.

  Even states that have not joined the ATT still have obligations under international customary law, which includes countries such as the USA. The four Geneva Conventions and customary international law obligate all states to ensure respect for international humanitarian law. By ending their supply of items at risk of being used in conflict, major arms exporting states can help bring an end to serious violations of international humanitarian law and most importantly to the suffering being witnessed in places such as Gaza, Haiti, Myanmar and Sudan.

  What are the challenges to the ATT’s effectiveness?

  There are a range of challenges, and these largely concern compliance with the ATT. For example, some national courts refuse to deal with legal challenges to government decisions to transfer weapons, considering them a matter of government policy rather than law. This limits the ability of the judiciary to hold governments accountable for arms transfers that may violate international law. Another problem being encountered is that some states announce a suspension of arms transfers but continue to transfer weapons, ammunition and parts and components under contracts established before suspension was announced. A third example is when companies originally established in countries that have strict regulations set up offshore entities in countries with less stringent controls so they can continue to transfer weapons to questionable contexts.

  What further agreements or regulations are needed?

  A key area of focus in disarmament and arms control right now is the regulation of new and emerging technologies such as lethal autonomous weapons systems. Given the rapid development of new technologies, this focus on autonomy is entirely understandable.

  Guns, however, remain the primary weapon of choice in everyday violence, organised crime and gender-based violence. Despite their impact, they are subject to limited international regulation, such as the UN Programme of Action on Small Arms and Light Weapons. While this has helped states implement gun control legislation, a more systematic and rigorous approach is needed.

  Unfortunately, the prevailing view, which has spread from the USA to other parts of the world, is that people have a right to bear arms. To prevent human rights abuses and violations committed with guns, states must enact robust legislation on gun ownership and control, and ensure it is backed by strong criminal penalties.

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  Get in touch with the Control Arms through itswebsite orFacebook andInstagram page, and follow@controlarms on Twitter.

• TAIWAN: ‘China has tried to intimidate voters and pressure Taiwanese civil society organisations’

  CIVICUS discusses Taiwan’s upcoming presidential election with Brian Hioe, one of the founders of New Bloom Magazine.

  New Bloom is an online magazine that covers activism and youth politics in Taiwan and Asia and the Pacific. A former fellow at the Taiwan Foundation for Democracy, Brian is currently a non-resident fellow at the University of Nottingham’s Taiwan Research Hub.

  What’s at stake in the 2024 election?

  Taiwan’s elections consistently capture global attention due to the anticipation surrounding China’s response. Typically, elections feature two candidates representing the two major parties. One of them, the Democratic Progressive Party (DPP), is historically pro-independence and the other, Kuomintang (KMT), is historically pro-unification. This pattern persists in the current election, although there are other parties in the race.

  Traditionally, Taiwanese voters opt for what they perceive as the safest choice in terms of safeguarding their hard-earned democratic freedoms. The overarching concern is to avoid actions that might trigger backlash from China.

  Now it looks like the centre-left candidate of the ruling DPP is going to win because the pro-unification camp is very divided. But with multiple candidates running, fragmentation is to be expected, potentially affecting the outcome.

  What are the most relevant domestic campaign issues?

  There is a lot of dissatisfaction with the current government’s inability to address pressing economic issues. Young people’s salaries are very low, working hours are among the world’s longest and most people cannot afford to buy a house. We also have a declining birthrate and a growing older population.

  Dissatisfaction has translated into some support for the pro-China party. The KMT is the historic Chinese nationalist party and was the ruling party during Taiwan’s authoritarian era, from 1949 to 1987. Its campaign centres on deepening economic relations with China, promising to bring back the good old days of economic success.

  Environmental issues, and particularly air pollution, also weigh heavily on voters. The question of Taiwan’s future energy needs is key, as a balance is sought between maintaining a stable energy supply and minimising pollution. There is heated debate around nuclear energy. Taiwan’s environmental movement is anti-nuclear, as is the DPP, unlike the KMT. There are concerns about what to do with nuclear waste. People are worried that the frequent earthquakes that hit Taiwan could cause a potential catastrophe, as happened in Fukushima, Japan in 2011.

  Past elections also featured debate on culture-war issues such as same-sex marriage, which the DPP pushed for but the KMT opposed. But these have now taken a back seat to economic and environmental issues.

  However, the defining matter remains the cross-strait issue – the question of what kind of relations Taiwan will maintain with China.

  What are the positions of the main candidates?

  DPP candidate Lai Ching-te, the current vice president and expected winner, previously served as mayor of Taiwan’s historical capital Tainan and Taiwan’s premier. He is perceived as more conservative than the incumbent and is strongly pro-independence, although as he has climbed in the polls he has tempered his position in fear that strong rhetoric could provoke a reaction from the military or China. Despite his comparatively conservative background, he has signalled openness to progressive ideas, notably by becoming the first presidential candidate to participate in the Pride parade this October.

  KMT candidate Hou Yu-ih is the current mayor of New Taipei and a former police chief with a record of involvement in the arrest of political dissidents during the authoritarian period. He is more moderate than other KMT candidates on unification issues, which is perceived to improve the KMT’s chances. However, his choice of running mate signalled a potential shift towards a more dogmatic position on unification.

  The third candidate is former Taipei mayor Ko Wen-je, the leader of the Taiwan People’s Party (TPP), a new party leaning towards unification. He has gained some support from young people, who tend not to support the KMT. He has a populist style, often making gaffes or misspeaking. He has faced criticism for making misogynistic and homophobic comments, but this hasn’t affected his popularity.

  How do young people feel about this election?

  There seems to be a notable decrease in enthusiasm and engagement with the election process. The 2020 election came around the same time of the protest wave in Hong Kong, which gave many young people a glimpse of what the future could look like for Taiwan if it were to become part of China.

  Now the context is different and what prevails among people is dissatisfaction with the DPP due to challenging circumstances, which has resulted in the rise of the third-party anti-establishment candidate. Ko Wen-je is, ironically, a candidate opposed to progressive causes such as LGBTQI+ rights, but many young people are still attracted by his anti-establishment message.

  In contrast, the DPP is perceived as the status quo and despite its recent progressivism under the Tsai administration has not managed to win over young people. Broadly, while millennials may still support it, Gen Z does not.

  What role are foreign powers playing in the election process?

  China’s persistent efforts to interfere in Taiwan’s political processes have resulted in recent arrests of people accused of operating in favour of China to influence the election, with efforts made to stiffen sentences for espionage. Ten military officials have, for example, been arrested in connection with these interference attempts.

  A tactic employed to influence the election is paint the DPP as overly provocative towards China or overly reliant on the USA, suggesting that this may lead to adverse consequences. The DPP has indeed strengthened relations with the USA, while the KMT, once the US-backed authoritarian ruling party, has shifted its position. The KMT now argues that growing too close to the USA might provoke China, questions arms sales and civic exchanges and disseminates conspiracy theories regarding fictional US plans to destroy Taiwan in the event of a war.

  The other side of the political aisle attacks the KMT for being too close to China and criticises its attempts to revive trade agreements such as the Cross Strait Services Trade Agreement (CSSTA), opposition to which led to the 2014 Sunflower Movement.

  Have there been any concerns about the integrity of civic space?

  Taiwan is the only country in Asia rated by the CIVICUS Monitor as having open civic space. There are questions about how civil society engages with both major political parties and concerns about potential co-optation. Civil society faces the challenge of balancing relations with political parties and maintaining a critical position without being perceived as partisan. Civil society is often closer to the DPP, because it is more centre-left and suspicious of China.

  But there haven’t been government attempts to restrict civic space. The government does take actions to curb Chinese influence but to date has not infringed on civil society rights.

  China in contrast has tried to pressure Taiwanese civil society organisations (CSOs), particularly those focusing on cross-strait issues. Five years ago, a Taiwanese CSO worker was arrested in China on vague national security charges, in what seemed aimed at sending a warning to Taiwanese civil society not to meddle with China.

  China has also tried to intimidate voters. In a recent example, a person who purchased a book on the possibility of a Chinese invasion received a suspicious phone call from someone impersonating a customer service representative asking them about it.

  What are your expectations for the post-election period?

  Unless something unexpected happens, a DPP victory is the likeliest outcome. China is unlikely to take any drastic actions before the election, as such moves might inadvertently strengthen support for the DPP.

  Following the election, however, China is expected to respond with intimidation tactics, possibly through military exercises, to signal its opposition to a new DPP administration. The intensity of these exercises may be influenced by China’s relations with the USA at the time.

  In terms of civic space, should the DPP continue in power, civil society may need to broaden its outreach, both regionally and internationally, to build resilience and avoiding being sucked in by the two-party dynamics.

  However, were the KMT to win, civil society would likely refocus on domestic concerns. It may regroup to resist, particularly in the face of potential attempts to reintroduce trade agreements such as the CSSTA.

  If the status quo is maintained, Taiwan will continue strengthening ties with the USA and the west while actively reaching out to southeast Asian countries, a strategy aimed at reducing economic reliance on China and diversifying political ties.

  The geopolitical landscape will play a crucial role in shaping Taiwan’s future, and the actions and reactions of both China and Taiwan will be closely watched on the international stage.

   

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  Civic space in Taiwan is rated ‘open’ by theCIVICUS Monitor.

  Get in touch with New Bloom Magazine through itswebsite, contact Brian Hioe through hisFacebook page and follow @brianhioe onTwitter orInstagram.

  The opinions expressed in this interview are those of the interviewee and do not necessarily reflect the views of CIVICUS.

• Violent attacks on peaceful protests in the DRC: Civil society writes open letter to President Joseph Kabila

  One hundred and eighty-five civil society organisations from 33 African countries have written an open letter to President Joseph Kabila of the Democratic Republic of Congo (DRC) raising concerns over ongoing attacks on protestors and the targeting of human rights defenders.

  Recently, on 19 September 2016, security forces violently dispersed protests by citizens who criticised the failure of the electoral commission - Commission Electorale Nationale Independente(CENI) to meet the deadline for announcing the timeframe for the next elections.  The government announced that 17 people, including three police officers were killed during clashes although civil society and political observers argue that the figure is much higher. Several protesters also suffered from gunshot wounds.