human rights
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The work of human rights defenders is crucial to the work of this Council
Statement at the 49th Session of the UN Human Rights Council
Item 3 General Debate
Delivered byLisa Majumdar
Thank you, Mr President.
The work of human rights defenders is crucial to the work of this council. It takes a lot of courage to stand up to power, at great personal risk. The report by the Special Rapporteur on human rights defenders shows all too clearly what this risk entails.
In Belarus, seven members of the Human Rights Centre Viasna have been jailed for their human rights work – which is evidence of a larger repression. In Nicaragua, human rights defender María Esperanza Sánchez García has been arbitrarily detained for over two years under false charges. Nicaragua has systematically sought to silence the voices of human rights defenders.
The Special Rapporteur reiterated again that States must ensure an enabling environment to protect human rights defenders. Spurious legal proceedings brought against defenders not only act as a chilling effect but are also a serious drain of the human and financial resources of defenders and NGOs, compounding other serious challenges in access to resources which prevent defenders and NGOs from carrying out their work. We call on States to ensure access to resources for human rights defenders and other civil society.
The Council is currently negotiating a resolution which will highlight the work of human rights defenders in conflict and post-conflict situations which resonates all too well in the world today.
Human rights defenders play a crucial role in conflict prevention and in post-conflict reconstruction, and it is vital to ensure their safety and ability to operate. We call on all states to support and implement the resolution, and we call on the Council to hold states accountable for their treatment of human rights defenders.
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There can be no sustainable development without respect for human rights
- Global civil society calls on governments to put human rights at centre of development
- States failing to make connections between sustainable development and human rights to restrict civil society is against the spirit of Agenda 2030
- Governments need to open channels of communications with civil society groups to make them an equitable partner in the implementation of the sustainable development goals.
Civil society groups across the globe make significant contributions to development and the Sustainable Development Goals cannot be fully realised if the onslaught on civil society and human rights defenders continues.
This is the resounding message from representatives of civil society organisations across the world. In May 2019 more than 60 representatives of civil society from 25 countries met in Johannesburg, South Africa to discuss the impact of restrictions on freedom of assembly and association on sustainable development. Reflections from the Johannesburg meeting resonate with those of many others around the world.
Ahead of the High-Level Political Forum (HLPF) – the United Nations’ central platform for follow-up and review of the 2030 Agenda for Sustainable Development and the Sustainable Development Goals – taking place from July 9-18 in New York, the undersigned civil society representatives call on governments to place human rights at the centre of development.
The HLPF 2019 takes place at a time when attacks on civil society representatives have reached alarming proportions. Reports reveal that civil society is under serious attack in 111 countries, including those who will present progress made on the SDGs at the HLPF under the associated Voluntary National Review (VNR) framework. The last decade has experienced a spike in the killing of human rights defenders who exercise their right to assemble and associate peacefully. The issue of disruption of protest action and gatherings and the excessive use of force by the police and law enforcement agents is of major concern to many of the groups who endorse this statement.
As representatives of civil society, we note with concern that our governments make a distinction between human rights and development – often viewing campaigners and community leaders who engage in human rights activities as unnecessarily disruptive and being far removed from developmental issues. Indeed, authorities have accused them of having anti-development tendencies despite civil society actors having a stake in societal progress and being full-fledged development partners.
This disconnect often means that governments exercise too much control over the Sustainable Development Goals (SDGs), collude with non-state actors including private corporations in bringing about their preferred strategy for SDG implementation and often ignore or exclude the voices of civil society when launching development projects. While most human rights defenders are targeted for their campaigning, those advocating for land, environmental and indigenous rights are the most targeted and therefore most likely to be silenced.
Ahead of the HLPF, two human rights defenders – Ryan Hubilla and Nelly Bagasala from the Filipino human rights advocacy group Karapatan – were brutally killed for their work. Before the murders, Karapatan staff had been surveilled by the military and police operatives.
The HLPF will review six of the SDGs, including those promoting inequality reduction within and among countries, action on climate change, inclusive and equitable quality education and access to justice for inclusive and accountable institutions. Sadly, the issues that are up for review are at the heart of ongoing restrictions and reprisals by state and non-state actors.
In 2019 alone, peaceful protests against increases in costs of living and rising inequalities have been violently repressed in Sudan, Zimbabwe, Nicaragua and Venezuela; student protests have been prevented in Liberia; and demonstrations against flawed judicial processes violently repressed in Cameroon have been met with violent repression. In Russia, on 12 June 2019, 530 protesters were arrested and detained after demanding accountability following the arbitrary arrest, detention and release of journalist Ivan Golunov.
In Latin America and the Caribbean, there has been a spike in attacks, harassment and persecution of environmental rights defenders. In Columbia for example, paramilitary forces continue to target activists working on land, environmental and indigenous rights and have killed some like Robinson López. These are just some of the examples of the real political malaise being seen in many parts of the world, one with very serious consequences for the people involved.
States often have a narrow view of development when they regard it as the construction of infrastructure and the exploitation of natural resources. So they particularly target those who express concerns over the lack of community consultation on infrastructural projects or over environmental impact when corporations placed profits over the interests of communities when exploiting natural resources. Governments also fail to make connections between sustainable development and the use of restrictive legislation to undermine the work of civil society in various undemocratic ways.
The HLPF is an opportunity to reverse these trends as it highlights the complementarity of and interconnectedness between development partners. Its 2019 theme “Empowering People and ensuring inclusiveness and equality” reiterates the common but differentiated responsibilities and respective capabilities (CBDR-RC) principle at a time when it is clear governments cannot realise SDGs alone. Thus, we need to emphasize that there can be no meaningful development without human rights. Civil society groups working on different thematic areas make significant contributions to development and the SDGs cannot be fully realised if the onslaught on civil society and human rights defenders continue with impunity. Lawmakers must realize that human rights defenders are not anti-government but rather support and uphold laws that do not violate human rights.
Seven human rights defenders working on issues ranging from economic development, community development, anti-corruption initiatives and the rights of women and girls are currently living under strict bail conditions in Zimbabwe, after being arrested on their return from the Maldives for participating in a capacity-building workshop.
In light of these restrictions, we call on states to;
- Amend, repeal and modify restrictive laws and regulations that target civil society and the freedoms of association and assembly and ensure that these laws are in line with international human rights standards;
- Sign, ratify or adhere to agreements that protect human rights defenders and guarantee an enabling environment for them to carry out their activities.
- Stop the practice of targeting human rights defenders, community activists and other representatives of civil society, desist from ascribing false labels to them and ensure that like every other citizen, their rights are respected and protected;
- Establish channels of communication between the state and civil society in relation to the implementation of the Sustainable Development Goals to ensure that civil society is considered an equal partner in the delivery of the Goals and treated as such;
- Ensure that at all levels, human rights are at the centre of all development initiatives and guarantee peaceful and inclusive societies, access to justice and accountable institutions and reduced inequality.
Signatories:
- A Common Future
- Action Foundation Common Initiative Group
- Action pour le Developpement
- AgriBiz Home
- ASSAUVET/NGO
- Action for Improvement of Food child and Mother (AFICM)
- Alliance for Community Action
- Asian Forum for Human Rights and Development (FORUM-ASIA)
- AfriYAN
- Association of citizens PLANT
- AL-Shafaa Organisation
- ANSA-EAP
- Agency for Peoples Empowerment, Sierra Leone, Limited (APEM SL LTD)
- Act Mara Diocese – Mugumu Safe House
- Adolescents Initiatives Support Organization (AISO)
- ADD International
- Action Aid
- Action for Rural Aid Empowerment
- Actions for Democracy and Local Governance (ADLG)
- Active Women Foundation
- Agape Aids Control Program
- Ahadi Forum Tanzania (AFTA)
- Arusha Non-Governmental Organisation Network (ANGONET)
- ARUWE
- Association for Non-Governmental Organisation Zanzibar (ANGOZA)
- Association of Rare Blood Donor (ARBD)
- Balkan Civil Society Development Network
- Business and Human Rights Tanzania (BHRT)
- Biharamulo Community FM Radio (BCFM)
- Biharamulo NGOs Network Forum
- Biharamulo Originating Social Economic Development Association (BOSEDA)
- Biharamulo Social Economic Development Association (BISEDEA)
- BINGOS FORUM
- Civic Initiatives
- Centre for Peace and Justice
- Civil Society Development Foundation
- COSADER- Collectif des ONG pour la Sécurité Alimentaire et le Développent Rural
- Community Centre for Integrated Development
- Consortium of Ethiopian Rights Organizations (CERO)
- CIVICUS, World Alliance for Citizen Participation
- Centre for the Study of Violence and Reconciliation (CSVR)
- Centre for Community Regeneration and Development (CCREAD-Cameroon)
- Centre for Financial Inclusion and Sustainable Development (CenFISD)
- Children's Assurance Program Sierra Leone (CAP-SL)
- Centre for Social Policy Development
- Caricuao Propone
- Center for Agrarian Reform and Rural Development
- Concerned Citizens of Abra for Good Government, Inc.(CCAGG)
- CODE-NGO
- Centre of Youth Dialogue (CYD)
- Civic and Legal Aid Organization (CILAO)
- CSYM HUDUMA*the Christian Spiritual Youth Ministry
- Collaboration for Development and Humanitarian Action Inc
- CESOPE
- CHIFU KIMWELI FOOTBALL CLUB
- Child Watch
- Children Dignity Forum
- Christian Education and Development Organisation (CEDO)
- Civic and Legal Aid Organisations
- Community Development Initiatives Support Organisation (COSIDO)
- Community Focus Tanzania
- Community for Educators and Legal Assistance
- Community Support Initiatives-Tanzania
- Crisis Resolving Centre
- C-SEMA
- CWCA
- Discourage Youths from Encourages Poverty
- Derecho, Ambiente, y Recursos Naturales
- David Chanyeghea-New Age Foundation
- Dawning Hope
- Dignity Kwanza Community Solutions
- Door of Hope to Women and Youth in Tanzania
- DUNGONET (NGO’S NETWORK FOR DODOMA)
- Economic Empowerment and Human Rights Sierra Leone (EEHRSL)
- Education and English for You
- Empower Society, Transform Lives (ESTL)
- Equality for Growth
- Fundamental human Rights & Rural Development Association FHRRDA
- Faidika Aidika Wote Pamoja (FAWOPA)
- FAWETZ
- FICOFAWE WOMEN EMPOWERMENT
- FIDELIS Yunde-Youth Movement for Change
- Free Mind Foundation
- Fondation Lucienne SALLA
- Global Vision
- GEARS Initiative
- Gidion Kaino Mandesi Dolased
- Girls Education Support Initiatives
- GIYEDO
- Gospel Communication Network of Tanzania
- Growth Dimensions Africa
- Global youth clan Sierra Leone chapter
- GLOBAL MEDIA FOUNDATION
- Glow Movement, South Africa
- Global Vision
- HURISA
- HuMENA for Human Rights and Sustainable Development
- Human rights Center Memorial and OVD-Info
- HakaConnect.org
- HAKI CATALYST
- HAKI ELIMU
- HAKI MADINI
- HAKI RASILIMALI
- HAKI ARDHI
- Happy Children Tanzania Organisation
- HILDA S. DADU-PHLI
- HIMS ARUSHA
- Human Rights National Association of Educators for World Peace
- Humanity Aid for Development Organisation
- HURUMA Organisation
- Initiative for Good Governance and Transparence in Tanzania (IGT)
- IHAN (International Humanitarian Activists Network) / JAKI (Jaringan Aktivis Kemanusiaan Internasional)
- Initiative Africaine Pour le Developpement Durable
- International Center for Environmental Education and Community Development (ICENECDEV)
- INTRAC
- ISDO RWANDA
- ISRAEL ILUNDE –YPC
- Just Fair
- JAMII Media Limited
- John Seka-Seka and Associates Advocates
- JUKWAA LA KATIBA TANZANIA
- JUMA KAPIPI
- Jumuiya Ya Kuelimisha Athari Za Madawa Ya Kulevya Ukimwi Na Mimba Katika Mdogo (JUKAMKUM)
- JUMUIYA YA KUELIMISHA ATHARI ZA MADAWA YA KULEVYA UKIMWI NA MIMBA KATIKA UMRI MDOGO (JUKAMKUM)
- JUMUIYA YA KUENDELEZA UFUGAJI NYUKI NA UHIFADHI MAZINGIRA (JUKUNUM)
- JUMUIYA YA KULINDA NA KUTETEA HAKI ZA WANAWAKE NA WATOTO MKOANI (JUKUWAM)
- JUMUIYA YA KUTETEA HAKI ZA WANAWAKE NA WATOTO SHRHIYA YA OLE (JUKUHAWA),
- JUMUIYA YA MAENDELEO YA ELIMU KWA WATOTO PEMBA (JUMAEWAPE)
- JUMUIYA YA MAENDELEO YA ELIMU KWA WATOTO PEMBA (JUMAEWAPE),
- JUMUIYA YA MAENDELEO YA WAVUVI WA KOJANI (KOFDO)
- JUMUIYA YA MAENDELEO ZIWANI (JUMAJZI)
- JUMUIYA YA OWEDE
- JUMUIYA YA TUMAINI JIPYA PEMBA(TUJIPE)
- JUMUIYA YA TUSISHINDWE DEVELOPMENT ORGANISATION PEMBA (TUDOPE)
- JUMUIYA YA WASAIDIZI WA SHERIA PEMBA (JUWASPE)
- KARAPATAN
- Kagera Human Rights Defenders and Legal Aid Support Organisation
- Kabataang Gabay sa Positibong Pamumuhay (KGPP) Inc.,
- Kadesh International
- Khpal Kore Organization
- KUTAFITI-The Social Science Centre for African Development
- KARENY MASASI
- Kigoma Paralegal Aid Centre (KIPACE)
- Kigoma Ujiji Non-Governmental Organisation Network (KIUNGONET)
- Kigoma Women Development
- KIKUNDI CHA USHINDI
- KIWOHEDE
- KOK Foundation
- Lawyers for Human Rights
- LARETOK-LE-SHERIA NA HAKI ZA BINADAMU NGORONGORO (LASHEHABINGO)
- Legal and Human Rights Centre (LHRC)
- Lindi Regional Press Club (LRPC)
- Lindi Women Paralegal Aid Centre (LIWOPAC)
- Liwale FARMERS Association (LIFA)
- Migrant workers Association of Lesotho (MWA-Ls)
- Monna ka Khomo (Lesotho Herd boys Ass.)
- My Future Matters
- Manyara Early Childhood Development Network
- Mauritius Council of Social Service (MACOSS)
- Media Education Centre
- Magata Primary Cooperative Society
- Manyara Regional Civil Society Network (MACSNET)
- Mapambano Centre for Children
- MAWAZO DANIEL-NYDT
- Mbeya Hope for Orphans
- Mbeya Paralegal Aid Centre (MBEPACE)
- MBEYA WOMEN
- MCHOMORO AIDS COMBAT GROUP
- Media Association for Indigenous and Pastoralist Communities
- Media Support Tanzania
- MICHAEL REUBEN NTIBIKEMA-ELIMU MWANGAZA TANZANIA
- MICHEWENI ISLAMIC DEVELOPMENT ENVIRONMENTAL CONSERVATION AND AIDS CONTROL(MIDECAC)
- MIKONO YETU CENTRE FOR CREATIVITY AND INNOVATION (MIKONO YETU)
- Morogoro Paralegal Centre (MPLC)
- MSICHANA INITIATIVES
- Mtwara NGOs Network (MTWANGONET)
- Mtwara Paralegal Centre
- MTWARA YOUTH ANTI AIDS GROUP
- MUKEMBA GROUP MAENDELEO
- MUSSA JUMA-MISA TANZANIA
- MWANAMKE NA UONGOZI
- National Council of NGOS (NACONGO)
- NNATIONAL Union of Mine and Energy Workers of Tanzania (NUMET)
- NEEMA KITUNDU-FAWETZ
- NETWO
- New Family Organisation
- New Hope Winners Foundation (NHNWF)
- NGUVUMALI Community Development of Environment
- NICAS NIBENGO- BASE FOR EDUCATION DISSEMINATION
- NOMADIC PASTORALIST DEVELOPMENT ORGANIZATION(NOPADEO)
- NTABYMA
- NYAKITONTO YOUTH FOR DEVELOPMENT TANZANIA
- Nelson Nohashi Ministry
- New Horizon Global
- NGO World and Danube
- ONG Les BA TISSEURS
- Outreach Social Care Project, Democratic Republic of Congo (DRC)
- Open Mind Tanzania
- Organisation for Rural Self-Help Initiatives (ORSHI)
- Plant Protection and Regulatory Services Directorate
- Population and Development Society
- PEN Kenya
- PAMOJA DAIMA (PADA)
- Paralegal Primary Justice (PPJ)
- Peace Relief Organisation (PRO)
- PEMBA Association for Civil Society Organisation (PASCO)
- PEMBA EAST ZONE ENVIROMENT ASSOCIATION (PEZEA)
- PEMBA ISLAND RELIEF ORGANIZATION (PIRO)
- PEMCO
- Peoples Development Forum (PDF)
- Peoples Health Movement Tanzania (PHM)
- PINGOS FORUM
- Policy Curiosity Society
- Poverty Alleviation in Tanga (POVATA)
- Promotion and Women Development Association (POWDA)
- PROSPERUS HEALTH LIFE INITIATIVES
- PWAAT
- RAFIKI Social Development Organisation
- REHEMA JOSPHEPH-CENTA
- Resource Advocacy Initiative (RAI)
- RIEFP
- ROWODO
- RUANGWA Organisation for Poverty Alleviation (ROPA)
- Rural Woman Development Initiative (RUWODI)
- Rainbow Pride Foundation
- Recycle Up!
- RESEAU DES JEUNES POUR LE DEVELOPPEMENT ET LE LEADERSHIP AU TCHAD, Chad
- RESPECT CAMEROON
- Salum Mbaruok
- Sikhula Sonke Early Childhood Development
- SPEDYA-Africa
- Street Youth Connection Sierra Leone (SYC-SL)
- Sujag sansar orgnaition
- Sustainable Social Development Organization (SSDO)
- SADELINE HEALTH CARE TRUST
- Safe Space for Children and Youth Women Tanzania (SSCYWT)
- SAHRiNGON
- SAKALE Development Foundation
- SAUTI YA HAKI TANZANIA
- SAUTI YA WANAWAKE UKELEWE
- Save the Mother and Children of Central Tanzania (SMCCT)
- SAWABI BIHARAMULO
- Service Health and Development for People
- SHALOM OPHARNAGE CARE CENTER
- SHAMILA MSHANGAMA
- SHIMAWAMI
- SHIRIKA LA BINADAMU NANDANGALA
- SHIVYAWATA
- SHUKURU PAUL-HRC
- SOPHIA KOMBA-CAGBV
- SORF DODOMA
- Sports Development Aid Lindi
- Trade Union Congress of Swaziland (TUCOSWA)
- The Tahrir Institute for Middle East Policy
- The Maldivian Democracy Network
- Tai Tanzania
- Tanzania Agricultural Modernization Association (TAMA)
- Tanzania Development Trust
- TEACH
- The Need Today
- The Youth Voice Of SA
- Tim Africa Aid Ghana
- Transparence_RD Congo
- Trio Uganda, United Kingdom
- TUKELAKANG ENTETE FOUNDATION / YAYASAN TUKELAKANG ENTETE
- Trag Foundation
- TAMHA Paralegal Aid
- TANDAHIMBA Women Association
- TANGA Paralegal Aid
- TANGIABLE INITIATIVES FOR LOCAL DEVELOPMENT TANZANIA
- Tanzania Association of NGOs (TANGO)
- Tanzania Centre for Research for Research and Information on Pastoralism (TCRIP)
- Tanzania Citizen Information Bureau
- Tanzania Hone Economic Association (TAHEA) BIHARAMULO
- Tanzania Human Rights Defenders Coalition (THRDC)
- Tanzania Legal Knowledge and Aid Centre
- Tanzania media Woman’s Association (TAMWA)
- Tanzania Media Women’s Association
- Tanzania Network for Legal Providers (TANLAP)
- Tanzania Network of Women Living with HIV and AIDS (TNW+)
- TANZANIA Pastoralist Community Forum (TPCF)
- Tanzania Peace Legal Aid and Justice
- Tanzania Tobacco Control Forum
- Tanzania Widows Association (TAWIA)
- Tanzania Women Empowerment in Action (TAWEA)
- Tanzania Women Teachers Association
- Tanzania Youth Potential Association
- TAWASANET
- TAWEDO
- TAWLA
- TECDEN
- TEN/MET
- TGNP MTANDAO
- The African for Civil Society (TACS)
- The African Institute for Comparative and International Law (AICIL)
- The Development for Accountability in Tanzania
- The Foundation of Human Health and Social Development (HUHESO)
- The Life Hood Children and Development Society (LICHIDE)
- The Organisation of Journalists Against Drug Abuse and Crimes in Tanzania (OJADACT)
- The Voice of the Marginalised Community
- TNRF
- Tree of Hope
- TUNDURU PARALEGAL CENTRE (TUPACE)
- TUPACE
- TUSHIRIKI
- TUWAANDAE WATOTO
- TYVA
- Union for Promotion / Protection, Human Rights Defense and the Environment-UPDDHE/GL Democratic Republic of Congo (DRC)
- UNODC, Canada
- UMMY NDERIANANGAB-SHIVYAWATA
- UMOJA WA VIKUNDI VYA UZALISHAJI MALI NA UELIMISHAJI RIKA MAGU (UVUUMA)
- UMOJA WA WAWEZESHAJI KIOO
- Under the Same Sun (UTSS)
- UTPC
- UTTI MWANGA’MBA-CWCA
- UVINZA NGOS NETWORK (UNON)
- Volunteer Activists
- VIJANA ASSEMBLY
- Vital Projection Limited
- Voice of the Voiceless
- Volunteer for Youth in Health and Development (VOYOHEDE)
- Victoria Quade, New Zealand
- Women for Social Progress, Mongolia
- WAHAMAZA
- WAJIBU Institute of Accountability
- WALIO KATIKA MAPAMBANO NA AIDS TANZANIA(WAMATA)
- WASOMI VOICE FOUNDATION
- WGNRR AFRICA
- Widows and Orphaned Development Organisation
- WILDAF
- WOFATA
- WOMEN ACTION TOWARDS ENTRP.DEVELOPMENT
- WOMEN DIGNITY
- Women Legal Aid Centre (WLAC)
- Women Life Foundation
- Women Wake-Up (WOWAP)
- Women’s Promotion Centre (WPC)
- Women’s Empowerment in Action
- WOTE INITIATIVES
- WOTE SAWA YOUTH DOMESTIC WORKERS
- WOVUCTA
- Youth Against Aids Poverty
- Young League Pakistan, Pakistan
- Youth Africa and Peace Democratic Republic of Congo (DRC)
- YOUTH ASSOCIATION OF SIERRA LEONE, Sierra Leone
- Youth Harvest Foundation Ghana
- Youth Partnership for Peace and Development, Sierra Leone
- YUNA
- ZAFELA
- ZAHRA SALEHE-ICCAO
- ZAITUNI NJIVU- ZAINA FOUNDATION
- Zanzibar Aids Association and Support for Orphans (ZASO)
- Zanzibar Association for Children Advancement (ZACA)
- Zanzibar Children Rights Forum
- Zanzibar Fighting Against Youth Challenges Organisation (ZAFAYCO)
- Zanzibar Legal Service Centre
Find out more about our work at the HLPF here.
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This Mandela Day lets redouble efforts to free imprisoned human rights defenders
By Benjamin Tonga and Mandeep Tiwana
On 18 July, people in South Africa and around the world will mark Nelson Mandela Day to commemorate the courage and sacrifice of one of the greatest political leaders and human rights defenders of our times. Nelson Mandela was unjustly imprisoned for over a quarter of a century until South Africa’s apartheid regime finally acknowledged the travesty of his incarceration and ordered his release. It took concerted global pressure and organising by concerned citizens and civil society groups to achieve this feat.
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Threats to terminate the mandate of the International Commission of Human Rights Experts on Ethiopia
Excellencies,
We, the undersigned civil society and human rights organisations, are alarmed by the 15 February announcement by the Deputy Prime Minister of Ethiopia to the Executive Council of the African Union that the Ethiopian government is planning to present a resolution at the upcoming session of the UN Human Rights Council to terminate the mandate of the International Commission of Human Rights Experts on Ethiopia (ICHREE).
We write to urge your delegations to reject any resolution to prematurely terminate the mandate of ICHREE, and to express your support for the mandate and work of the Commission. The independent mandate and work of ICHREE is crucial to preserve the opportunity for victims of grave international crimes to have access to justice, particularly because of the eroding environment for independent media and human rights monitoring of conflict-affected areas of Ethiopia. We are deeply concerned about the government’s ongoing harassment of human rights defenders, including at the judicial level.
Ethiopia’s attempts to terminate ICHREE’s mandate during its term are unprecedented. Not only does it suggest that states can politically maneuver to overturn the decisions of the Human Rights Council to avoid independent scrutiny and accountability, but it could also set a dangerous precedent regarding international scrutiny and impunity for rights abuses elsewhere.
In November 2022, the Ethiopian federal government and Tigrayan authorities signed a cessation of hostilities agreement. While the agreement restored some long overdue aspects of civilian life, including easing some restrictions on basic services and humanitarian assistance, independent, effective investigations with a view to prosecution of grave international crimes will be key. The work and mandate of ICHREE would complement the cessation of hostilities agreement which recognizes the need for accountability and justice.
Victims of violations and their families in northern Ethiopia, as well as in other parts of the country, have expressed a lack of trust in state institutions and continue to seek greater international attention to their suffering and for action to end impunity. Ethiopia’s efforts to terminate ICHREE’s work would silence the hope and trust that victims have placed in it, including those who have already engaged with the ICHREE in the hope that their stories would be told.
With ongoing human rights abuses, and credible investigations and accountability at the domestic level still elusive, the Human Rights Council and its members should support those seeking justice and enable ICHREE to continue to fulfill the mandate it was given in 2021: to collect and preserve evidence of serious crimes committed, and to identify those responsible, with a view—where possible—to make such information accessible and usable in support of ongoing and future accountability efforts.
We reiterate our call to members and observers of the UN Human Rights Council to block Ethiopia’s efforts to terminate the mandate of the ICHREE, and to confirm your support for the ICHREE and the protection of the integrity of the Human Rights Council and its mandated bodies.
1. Africa Legal Aid (AFLA)
2. African Centre for Justice and Peace Studies (ACJPS) - Sudan
3. Amnesty International
4. Association pour la Défense des Droits de la Personne et des Libertés Publiques (ADL) - Rwanda
5. Association Mauritanienne des Droits de l'Homme (AMDH) – Mauritania
6. Association nigérienne pour la défense des droits de l'Homme (ANDDH) – Niger
7. Association Tchadienne pour la Promotion et Défense des Droits de l'Homme (ATPDH) – Chad
8. Association of Victims, Relatives and Friends of September 28, 2009 (AVIPA)
9. Atrocities Watch Africa (AWA)
10. Australia Tigray Alliance (ATA)
11. The Botswana Centre for Human Rights (DITSHWANELO) - Botswana
12. Center for Advancement of Rights and Democracy (CARD)
13. Center for Democracy and Development (CDD)- Mozambique
14. The Centre for Accountability and Rule of Law - Sierra Leone
15. CIVICUS: World Alliance for Citizen Participation
16. The Civil Society Human Rights Advocacy Platform of Liberia
17. Coalition for Justice and Accountability
18. Cooperation platform for Tigrayan-Norwegians
19. DefendDefenders (East and Horn of Africa Human Rights Defenders Project)
20. Dekna Foundation
21. Ethiopian Human Rights Council (EHRCO) – Ethiopia
22. Ethiopian Canadians for Peace
23. FKA-Senegal
24. Global Centre for the Responsibility to Protect
25. The Global Society of Tigray Scholars and Professionals (GSTS)
26. Groupe LOTUS - Democratic Republic of Congo
27. Health Professionals Network for Tigray
28. Human Rights Concern Eritrea
29. Human Rights Watch
30. International Commission of Jurists (Global)
31. International Federation for Human Rights (FIDH)
32. The International Refugee Rights Initiative (IRRI)
33. Irob Anina Civil Society (IACS)
34. Kenya Human Rights Commission (KHRI) - Kenya
35. Kenya Section of the International Commission of Jurists (Kenya)
36. Legal Action Worldwide (LAW)
37. Legacy Tigray
38. Les Mêmes Droits pour Tous (MDT) - Guinea
39. Ligue Burundaise des droits de l’Homme (Iteka) – Burundi
40. Ligue Centrafricaine des Droits de l'Homme (LCDH) - Central African Republic
41. Ligue Djiboutienne des Droits Humains (LDDH) – Djibouti
42. Ligue Ivoirienne des Droits de l'Homme (LIDHO) - Cote d’Ivoire
43. Ligue Sénégalaise des Droits humains (LSDH) - Sénégal
44. Observatoire congolais des droits de l'Homme (OCDH) – Congo
45. Observatoire des droits de l’Homme au Rwanda (ODHR) - Rwanda
46. Omna Tigray
47. Organisation Guinéenne de Défense des Droits de l’Homme et du Citoyen (OGDH) - Guinea
48. Organisation Nationale des Droits de l'Homme (ONDH) - Sénégal
49. Oromo Legacy Leadership & Advocacy Association (OLLAA)
50. Pan African Lawyers Association (PALU)
51. Parliamentarians for Global Action (PGA)
52. Rencontre Africaine pour la Défense des Droits de l'Homme (RADDHO)
53. Robert F. Kennedy Human Rights
54. Security & Justice for Tigrayans
55. Southern Africa Litigation Centre (SALC)
56. Sudanese Human Rights Monitor (SHRM) - Sudan
57. Tigray Action Committee
58. Tigray Advocacy and Development Association UK
59. Tigray Youth Network
60. Union of Tigrayans in Europe
61. United Tegaru Canada
62. Women’s Association for Victims’ Empowerment (WAVE)-Gambia
63. Zimbabwe Human Rights Association (ZimRights) – Zimbabwe
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To achieve the SDGs, civil society must be supported and protected
Statement at the 46th Session of the UN Human Rights Council
Thank you, Madame President.
CIVICUS welcomes the report on the intersessional meeting for dialogue and cooperation on human rights and the 2030 Agenda. We strongly concur with the report’s consensual conclusions that inclusive collaborative recovery strategies require effective involvement of civil society, and that access to information, transparent communication, solidarity, shared responsibility and mutual accountability are crucial.
While this was true before the COVID 19 Pandemic; it is now even more critical that these laudable aims are met. We welcome continued commitment of States to the realisation of Agenda 2030. However, none of the SDGs can be realized while civic space is restricted and human rights defenders are attacked.
The CIVICUS Monitor continues to track restrictions in civic space across the globe and shows that only 3% of the world’s population is able to effectively speak out, assemble and take action. How can civil society partner with government to implement sustainable development? How can communities engage and implement these goals at a local level when they are being stifled and their very existence threatened? Misuse of increasing anti-terrorism laws, health emergency laws and cyber-security laws continue to stifle the freedoms of expression, association, and peaceful assembly. For us to achieve the sustainable development goals in their entirety, civil society must be supported, promoted and protected. Communities must be empowered and those standing up for their rights must be protected.
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Togo needs concrete actions to address the deterioration of civic space
Statement at the 50th Session of the UN Human Rights Council
Delivered by Nicola Paccamiccio
Thank you, Mr President.
Mr President, CIVICUS, Coalition Togolaise des Défenseurs des Droits Humains (CTDDH) and Réseau Ouest Africain des Défenseurs des Droits Humains (ROADDH/WAHRDN) welcome the government of Togo’s engagement with the UPR process. We welcome that Togo supported 20 of the 24 recommendations it received relating to civic space.
However, Togo failed to implement any of the civic space recommendations it received in the previous cycle. Our joint submission found that Togo has persistently failed to address unwarranted restrictions on civic space and particularly acute implementation gaps were found with regards to fundamental freedoms and the protection of human rights defenders.
Space for civil society has been deteriorating in Togo since mass anti-government protests in 2017-2018, including through the killing of protesters, the arrest and prosecution of human rights defenders, journalists and pro-democracy activists, the banning of civil society and opposition protests, the suspension of media outlets, disruption of access to the internet and social media and the adoption of restrictive legislation.
Authorities in Togo continue to adopt laws and regulations that restrict civic space and hamper the work of human rights defenders.
A law adopted by authorities in March 2020 in response to Togo’s first case of COVID-19, allowing the government to take measures by decrees, including on fundamental rights and freedoms and civic rights, remains in place.
In January 2022, the government issued a decree setting conditions for cooperation between non-governmental organisations and the government, which contains restrictive provisions allowing mayors and prefects to prohibit peaceful protests in their districts.
We call on the government of Togo to take concrete steps to repeal all laws and regulations restricting fundamental freedoms in Togo, including the new law on freedom of assembly, Cybersecurity law, and certain restrictive provisions in the Penal Code, and to adopt the draft law on the protection of human rights defenders, submitted by civil society in 2019 in line with the United Nations Declaration of 1998.
We thank you.
Civic sace in Togo is rated as "Repressed" by the CIVICUS Monitor
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Tomar agua nos da vida; tomar conciencia nos dará agua
Contribución de membresía, por Adriana Inés Ávila Zárate, con el apoyo de todo el Movimiento Cívico Conciencia Ciudadana
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Triggers for urgent action by the United Nations Human Rights Council
This report is a written output of a nine-month long applied research project in association with The Graduate Institute of International and Development Studies and CIVICUS: World Alliance for Citizen Participation. The United Nations Human Rights Council (UNHRC) is the foremost body when it comes to human rights. One of its mandates is to address human rights emergencies, which it does through special sessions and urgent debates. This ‘urgent action’ mechanism allows the Council to address emerging human rights crises rather than merely dealing with their aftermath. Yet, the UNHRC addresses human rights emergencies unevenly, giving some regions and situations much more attention than others. In order to understand why, this research seeks to identify “unofficial” triggers that lead to urgent action.
The identification of triggers influencing urgent action at the Council was pursued through the investigation of two cases, namely human rights violations in Myanmar and Ethiopia. Throughout this research, seven triggers were identified:
- Intra-council Procedures
- Issue Emergence
- Transnational Advocacy Networks
- Regional Blocs
- Geopolitics
- Regional and Parallel Human Rights Mechanisms
- Communication and Media
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Tunisia: Adoption of UPR Outcome in the context of increased civic space restrictions
Statement at the 52nd Session of the UN Human Rights Council
Adoption of the Universal Periodic Review (UPR) report of Tunisia
Delivered by Nicola Paccamiccio
Thank you, Mr President.
CIVICUS and Arab NGO Network for Development welcome the government of Tunisia’s engagement with the UPR process.
Since its last review, Tunisia failed to implement any of the recommendations relating to civic space. We regret that Tunisia accepted just 13 of the 22 civic space recommendations it received during this cycle.
In the context of a deep political and economic crisis, President Saïed has issued a number of decrees to consolidate power and weaken the independence of the judiciary and the rule of law. Amidst this, space for civil society is increasingly being restricted in Tunisia, leading to a rating downgraded by the CIVICUS Monitor from obstructed to repressed, the second-worst category, in its annual report. Tunisia’s downgrade comes after its addition to the CIVICUS Monitor Watchlist in March 2022 following a rapid decline in civic space.
Since July 2021, authorities have investigated or prosecuted over 30 people for their criticism of the government, including activists, journalists, lawyers and members of Tunisia’s dissolved parliament. In addition, the government has issued or initiated decrees that restrict fundamental freedoms. In particular, Decree-law 2022-54, issued in 2022, that criminalises ‘fake news’ and rumours, poses a threat to independent journalism. We regret the government lack of commitment to accept recommendations to repeal the Decree.
Security forces have also raided the offices and confiscated the equipment of many private media outlets, shut down news outlets, evicted their staff and closed down the offices of Al Jazeera, under allegations of not having the proper broadcasting license.
Mr President, we call on the government of Tunisia to take concrete steps to address these concerns, including by withdrawing restrictive legislation that restricts freedom of expression and association.
We thank you.
Civic space in Tunisia is rated as "Repressed" by the CIVICUS Monitor.
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TURKEY: ‘All critical voices are repressed under the pretext of combating disinformation’
In the run-up to Turkey’s general election, CIVICUS speaks with Fatih Polat, editor-in-chief of Evrensel, about the state of press freedoms and the Turkish government’s attacks on critical media.Founded in 1995, Evrensel is an independent daily newspaper. In August 2022, the Turkish Press Advertisement Agency permanentlybanned all public announcements and advertisements with Evrensel despite the Turkish Constitutional Court’s decision that advertisement bans on Evrensel and other newspapers violated freedom of expression and press freedom.
What are the conditions for the exercise of journalism in Turkey?
In Turkey state representatives routinely refuse to answer journalists’ questions. In any developed western democracy, this would be a serious matter and would be considered an obstruction of journalistic work. But in Turkey, this is no longer seen as a problem. For a very long time, the government has routinely imposed a variety of obstacles both on the critical Turkish press and on our foreign colleagues covering Turkey for international press organisations.
Ever since the Justice and Development Party (AKP) gained power 21 years ago, independent media have been in trouble. The government pressures critical media both financially and politically. It seeks to financially asphyxiate them by blocking the flow of official announcements and advertisements and imposing fines for alleged infractions concerning news, commentaries or television programmes. Political pressures range from lawsuits filed against individual journalists and newspaper managers to the detention, arrest and use of torture against journalists.
Critical television channels can also be subjected to temporary screen blackouts. Online media, which have developed significantly over the past 20 years, experience pressures ranging from court-ordered removal of content to lawsuits. Even cartoonists are subjected to punishment and arrest. Moreover, journalists are frequently exposed to police violence and detained while following the news on the streets.
On top of this, if the government is uncomfortable with the publication of a newspaper, a state official calls the agency that distributes advertisements and makes veiled threats to stop the flow of private advertisements. In contrast, newspapers and TV channels supporting the government receive serious financial aid from the state.
How has Evrensel been specifically targeted?
Evrensel is a 28-year-old, well-established newspaper that stays afloat thanks to readers’ contributions and advertisements placed by municipalities run by the opposition. On 22 August 2022, the Turkish Press Advertisement Agency, whose budget comes from tax money, banned Evrensel from receiving any public announcements and advertisements. This tactic is aimed at making a newspaper financially unviable. In response we filed a lawsuit, which is currently underway.
The new press law, which was recently introduced by the government under the pretext of ‘combating disinformation’, has led to a new period of repression of anyone who expresses a critical stance towards the regime. Lawsuits are filed against us for news and articles published in our print newspaper and on our website. Our website is frequently subjected to access-blocking orders.
Are journalists from certain groups particularly vulnerable?
The Kurdish media are under particularly strong attack. There is an ongoing conflict between the state and various Kurdish insurgent groups who demand either separation from Turkey or greater autonomy within Turkey. The government has increased pressure on Kurdish media, and on all Kurdish actors, after putting an end to negotiations. For example, Kurdish journalists have been arrested alongside legislators and politicians of the pro-minority People’s Democratic Party (HDP), including the HDP’s co-presidents Selahattin Demirtaş and Figen Yüksekdağ, and mayors have been replaced by trustees. In April and early May alone, 34 Kurdish journalists and press workers have been arrested.
How has the repression of press freedoms affected the popularity of the ruling regime?
Your question reminds me of another important element of repression. In Turkey, insulting the president is punishable with prison sentences of up to six years. I am among the many journalists who have been tried for insulting the president; I was acquitted in 2019. This has been applied not only against journalists but also against social media users.
But for a significant segment of AKP voters, media censorship or corruption allegations against the president are not that important. Only bad economic performance can result in the erosion of their support.
On 14 May Turkey will hold a critical general election, both for president and parliament. The unity of the opposition has brought hope for a change. Right now, the prospect of a time when we will be able to breathe a little more freely again seems within reach.
What kinds of domestic or international support do Turkish independent media and journalists currently receive, and what would help?
There are several domestic journalists’ organisations in Turkey. For example, I am a member of the Journalists’ Union of Turkey and the Journalists’ Association of Turkey, the largest press unions in the country. In the last 15 to 20 years, various international journalists’ organisations have also provided important support, standing in solidarity with the independent press and journalists from Turkey, spreading awareness and advocating for our rights. It is very valuable for us that they follow the many cases of repression of critical media and include them in their countries’ political agenda.
Civic space in Turkey is rated ‘repressed’ by theCIVICUS Monitor.
Get in touch with Evrensel through itswebsite or itsFacebook page, and follow@EvrenselDaily and@fpolat69 onTwitter.
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TURKEY: ‘For the embattled LGBTQI+ movement, simply persisting in taking to the streets is an achievement’
CIVICUS speaks about 2023 Pride and the civil society response to the Turkish government’s anti-LGBTQI+ campaign with Damla Umut Uzun, international relations and fundraising officer atKaos Gay and Lesbian Cultural Research and Solidarity Association (Kaos GL).Founded in 1994, Kaos GL is one of the oldest and largest LGBTQI+ organisations in Turkey, dedicated to creating visibility and understanding and promoting LGBTQI+ human rights.
How have Turkish authorities reacted to Prideevents?
Since 2015, Pride events have been increasingly banned by city governors. The first ban was introduced in Istanbul, which in 2014 had the largest Pride gathering, with at least 50,000 participants. But despite the growing number of bans, the number of Pride events across the country has also consistently increased.
This year in Istanbul, several Pride events were banned by district governor offices, resulting in detentions, police brutality and restrictions on journalists. A Pride movie event organised by the University Feminist Collective in Şişli was banned for ‘potentially causing societal resentment’ and ‘threatening social peace’. The screening of the film ‘Pride’, scheduled by the cinema collective, and a tea gathering event organised by the LambdaIstanbul LGBTQI+ Solidarity Association were banned in Kadıköy district. The police detained and later released at least eight people who came to watch the film, using physical violence. The LGBTQI+ group Queer Baykuş of Mimar Sinan Fine Arts University had their posters violently confiscated by the university’s security units before a planned press release. On 18 June, during the Trans Pride Parade in Beyoğlu district, the police handcuffed and detained 10 people, including a child, and released them later that day after taking police statements. Journalists were prevented from taking pictures during the intervention.
The Human Rights Foundation of Turkey compiled a detailed report of rights violations in the context of 2023 Pride events between 2 June and 10 July 2023. Various Pride celebrations, including parades, picnics and press statements, were banned by multiple governorships and disrupted due to targeted threats and societal reactions in Adana, Ankara, Antalya, Eskişehir, Izmir, Kocaeli and Muğla. A total of 241 people, including four minors and seven lawyers, were detained on the grounds of Article 2,911 of the law on gatherings and demonstrations. The main reasons cited by authorities were non-compliance with regulations, disruption of public order and violation of ban decisions. Although most detainees were typically released on the same day, they might face prosecution and lawsuits months later.
Police interventions during Pride events are a reflection of the government’s hostility towards LGBTQI+ people. They are waging a kind of war against us. The recurring violence is fuelled by a sense of impunity: the fact that law enforcement officials face no consequences for harming, insulting or harassing LGBTQI+ people further emboldens them.
Why is the Turkish government hostile towards LGBTQI+ people?
Oppression of the LGBTQI+ community in Turkey is not new: the government’s crackdown first intensified following the 2016 attempted coup. But the main reason behind the increasing hatred is the attempt of the ruling Justice and Development Party (AKP) to mobilise conservative segments of society. To mask the effects of its corrupt rule and economic mismanagement, the government is employing populist rhetoric and polarisation tactics, seeking to designate an enemy to blame.
Repression hasn’t been limited to LGBTQI+ people but rather targeted at any opposition or independent views. Dissenting voices, including those of Kurdish people, feminists and human rights defenders, are labelled as ‘terrorists’.
Among these groups, LGBTQI+ people are a particularly easy target due to societal conservatism and religious tendencies. Censorship and rights violations of LGBTQI+ people affect all aspects of life, including access to goods and services, education, healthcare and housing and media representation. In line with the global anti-gender trend, the government has employed a rhetoric focused on ‘protecting the sacred Turkish family structure against perversion’, using LGBTQI+ people and feminists as scapegoats.
What role did anti-LGBTQI+ rhetoric play in the2023 presidential elections?
Anti-LGBTQI+ rhetoric played a significant role in the election campaigns of the AKP government and President Recep Tayyip Erdoğan, aimed at mobilising conservative voters, including those on the left side of the political spectrum. Former Interior Minister Suleyman Soylu openly mobilised hate speech against LGBTQI+ people at public events. President Erdoğan used similar rhetoric, accusing the opposition of being ‘pro-LGBTQI+’.
Unfortunately, two radical Islamist parties, Hüdapar and New Welfare, have entered parliament, and their primary election promise was to close down LGBTQI+ organisations. They are now working actively towards this goal, and we anticipate that such rhetoric and efforts will intensify in the run-up to local elections in a few months.
How are LGBTQI+ organisations, including Kaos GL,responding to these attacks?
Despite facing oppressive conditions and lack of opportunities, the LGBTQI+ movement in Turkey remains resilient and strong. Alongside feminists, we are the only groups that continue to take to the streets and demonstrate for our rights, showing immense bravery in the face of police violence and detention. Simply persisting in organising demonstrations is an achievement in itself.
In addition to street activism, Turkish LGBTQI+ organisations are actively engaged in advocacy, the promotion of visibility and capacity building. We recognise that we won’t be able to change policies at the national level due to the AKP’s absolute majority, so we focus our efforts on grassroots societal transformation. We educate professionals who encounter LGBTQI+ people in their daily work, such as doctors, nurses, teachers, lawyers and social and municipal workers, to increase their understanding and capacity to work with LGBTQI+ people and respond to their needs in the respectful manner.
We document human rights violations and hate crimes, providing a factual basis for our advocacy campaigns. We also report on the situation of LGBTQI+ employees in the public and private sectors. Other organisations focus on reporting the challenges faced by LGBTQI+ students, people living with HIV, elderly people and refugees.
We also organise cultural events, including queer film festivals such as Pink Life Queer Fest and exhibitions and art programmes like the Ankara Queer Art Programme and the Women-to-Women storytelling contests, aimed at fostering expression and community engagement.
What obstacles do you encounter in your work, and what supportdo you need?
Since the attempted coup, the government has intensified its crackdown on civil society organisations (CSOs), subjecting them to frequent state audits to identify alleged mistakes, impose fines or even shut them down. Laws such as the Law on the Prevention of the Financing of the Proliferation of Weapons of Mass Destruction have made it increasingly difficult for CSOs to receive funds, further hindering their work.
Turkish LGBTQI+ organisations maintain close contact with European human rights organisations, Council of Europe representatives, the European Union (EU) delegation and United Nations mechanisms. We regularly update them about the developments and shrinking human rights space in Turkey, and in turn, they issue statements expressing deep concern about the government’s actions. However, these efforts have proven ineffective as the AKP government demonstrates a complete lack of regard and even fails to implement decisions of the European Court of Human Rights.
Turkish LGBTQI+ organisations have generally benefitted from EU funding, but this has started to decrease. It appears that the EU has somewhat given up on Turkey, since the government is making no effort to improve human rights standards. Additionally, the fact that Turkey is keeping millions of refugees out of Europe has limited the EU’s consistency in supporting human rights in Turkey.
As LGBTQI+ individuals living in Turkey, we are constantly pressured to hide our identities, pushed to the margins of society and silenced. But as LGBTQI+ organisations we continue to fight for our rights and freedoms. To advance our cause, we need more systematic financial resources, increased collaboration with international organisations, more vocal campaigns and international pressure on the Turkish government.
Civic space in Turkey is rated ‘repressed’ by theCIVICUS Monitor.
Get in touch with Kaos GL through itswebsite or itsFacebook page, and follow@KaosGL on Twitter.
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TURKEY: ‘The government does not tolerate opinions different from its own’
CIVICUS speaks with lawyer Eren Keskin, chair of the Human Rights Association (IHD), about the Turkish government’s attacks on critical media and the state of press freedoms in the context of Turkey’s current elections.Founded in 1986, IHD is one of Turkey’s oldest and largest human rights civil society organisations. It documents human rights violations and campaigns for the protection of human rights and civic freedoms in Turkey.
What are the conditions for journalism in Turkey?
Problems in the area of freedom of expression have existed in Turkey since the foundation of the republic. From the very beginning there were issues that the republic’s official ideology of Turkish-Islamic synthesis prohibited speaking about. Issues such as the Kurdish conflict, the 1915 Armenian Genocide and, later on, Turkey’s military presence in Cyprus, have long been forbidden topics.
What’s changed under the present government of the Justice and Development Party (AKP) and the Nationalist Movement Party is that the opposition’s freedom of expression has been severely restricted across the board. As a result, obstacles have mounted for opposition journalists to express their views.
The government does not tolerate opinions different from its own. It recklessly issues arrest warrants for articles, speeches and social media messages if they express diverging opinions. The state of Turkey recognises freedom of expression in its domestic legislation and is bound to respect it as a state party to the European Convention on Human Rights, but it continues to violate its own laws and the international conventions and covenants it has signed.
What tactics does the government use against independent media and how have you been affected?
Because it does not tolerate any kind of diverging opinion, the government is extremely aggressive towards independent media and the free press, the majority of which are Kurdish media outlets.
Dissident journalists are commonly charged with making propaganda for an illegal organisation. Particularly with news reports on the Kurdish war, most lawsuits are filed on charges of making propaganda for the Kurdish political movement or Kurdish armed forces. Apart from this, a large number of cases are filed on charges of insulting the president, insulting the forces of the state and inciting the public to hatred and enmity.
Many journalists are under arrest or subject to international travel bans merely for expressing their thoughts in writing. There is almost no journalist who is not being subjected to judicial control.
I was once the volunteer editor-in-chief of the daily Özgür Gündem, one of the newspapers that has faced the most repression, and have stood trial in 143 cases just because my name appeared on the newspaper as volunteer editor-in-chief.
I’ve been sentenced to a total of 26 years and nine months in prison for alleged crimes such as membership of an illegal organisation, making propaganda for an illegal organisation and insulting the president, even for articles I did not write. These sentences are pending a decision of the Court of Cassation. As soon as they are final, I may go to prison. I have also been unable to travel abroad for six years now because of an international travel ban.
Has the intensification of repression affected the popularity of the president in any way?
Considering that the ruling regime is the main culprit for all the rights violations currently taking place in Turkey, and that power is concentrated in the hands of President Recep Tayyip Erdoğan, it must be admitted that the main perpetrator of rights violations is the president himself. The judiciary is completely dependent on the president. Judges and prosecutors render compliant decisions out of fear. Where judges and prosecutors are afraid, it is unthinkable for the judiciary to be independent.
The president’s attitude towards the press, especially the opposition press, and the language of hatred and violence he uses, does not detract from his popularity but is instead a major reason his followers support him. However, we think that a large part of society, hopefully a growing part, is also disturbed by his blatant violations of freedom of expression.
What do you make of the results of the 14 May general election?
The AKP had relative success in the presidential and parliamentary elections held on 14 May. The president did better than expected, considering the economic situation and the criticism he’s faced over the response to the earthquakes in February. His party has maintained control of parliament. But he didn’t win re-election outright: he received 49.5 per cent of the vote while his opposition challenger, Kemal Kılıçdaroğlu of the Republican People’s Party (CHP) received almost 45 per cent. Now there’s going to be a runoff on 28 May.
None of this should come as a surprise. Society has become extremely polarised, especially as a result of Erdoğan’s rhetoric of fear, hatred and violence. We also witnessed many practices that violated the constitution and electoral laws, such as government ministers becoming parliamentary candidates without resigning and therefore using state resources for campaigning. The ruling party monopolises a large part of the media and used it exclusively on its own behalf. The elections were therefore held under extremely unequal conditions.
It’s hard to predict what the outcome of the runoff will be. The election may end in favour of Erdoğan or Kılıçdaroğlu. Much will depend on the practices that develop during the election.
How will the situation of vulnerable minorities in Turkey be affected by the election results?
Erdoğan uses language that is completely against human rights and the AKP has retained its parliamentary majority by coalescing with an extremist party. The situation will become dangerous if Erdoğan wins once again, especially for women, LGBTQI+ people and Kurdish people.
Withdrawal from the Istanbul Convention – the Council of Europe Convention on Preventing and Combating Violence Against Women and Domestic Violence – has already affected the feminist movement a lot. Now Law No. 6,284 on violence against women is being questioned. This poses a great danger for women and LGBTQI+ people.
Similarly, if Erdoğan wins again, pro-security approaches to the Kurdish issue will continue to dominate, preventing progress towards peace.
As for Syrian asylum-seekers, the AKP presents itself as having provided a good environment for them, but it is not really the case. Asylum-seekers in Turkey do not qualify as refugees because of the state’s reservation to the 1951 Refugee Convention. They are subjected to racist attacks. They work as cheap labour in extremely difficult conditions. Women and girls live under permanent risk of violence. An AKP win will not give them a chance.
But it must be noted that the CHP’s proposal regarding refugees is not any more democratic or inclusive, and its discourse also has racist overtones. Therefore, first and foremost, the discriminatory, double-standard approach to the Refugee Convention should be questioned.
What kinds of domestic or international support do Turkish independent media and journalists currently receive, and what more would you need?
Journalists working in independent media in Turkey, and especially in Kurdistan, are clearly not receiving sufficient international support. The Republic of Turkey is a state party to many international conventions that guarantee freedoms of expression and the press. The state has committed to respecting them on paper, but it violates them in practice. All these conventions have monitoring mechanisms, but unfortunately, they are not being properly implemented for Turkey. In this sense, the European Union has left Turkey alone.
We believe that Turkey should be questioned more, especially by western media organisations and by Turkey’s co-signatory states of international rights conventions, to contribute to the lifting of repressive measures against the dissident press.
Civic space in Turkey is rated ‘repressed’ by theCIVICUS Monitor.
Get in touch with the Human Rights Association through itswebsite or itsFacebook page, and follow@ihd_genelmerkez on Twitter.
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TURKS AND CAICOS ISLANDS: ‘Advancing LGBTQI+ rights requires advocacy, awareness-raising and a concerted effort to foster a culture of inclusion’
CIVICUS speaks with Tim Prudhoe, a lawyer with Stanbrook Prudhoe, about a legal challenge brought against discriminatory legislation against LGBTQI+ people and the struggle for equal rights of same-sex married partners in Turks and Caicos Islands (TCI).
Stanbrook Prudhoe is a law firm specialising in complex and cross-border cases in the Caribbean region.
What legal action are you involved in?
Since 2021 we have been representing Tim Haymon, a US citizen, and Richard Sankar, a Turks and Caicos Islander, in legal proceedings against the TCI government. The case is now up on appeal after findings of breaches of rights protected under the TCI constitution. The couple married in Florida in 2020, but Tim has been denied an exemption from the need to obtain a work permit, although that exemption is available to the spouse of a Turks and Caicos Islander. There is no definition of ‘spouse’ under the relevant immigration legislation and the definition used in the letter of refusal referenced the marriage legislation. The Marriage Ordinance treats same-sex marriages as void.
The refusal of the spousal exemption was by the Director of Immigration. Tim and Richard brought proceedings against him alleging breaches of the protected rights of equality before the Law, the right to family and private life and freedom from discrimination on the basis of sexual orientation.
The trial took place in November 2022 and the decision was delivered in March 2024. The TCI Supreme Court upheld two of our three claims, finding violations of the constitutional rights to private and family life and to protection against discrimination on the basis of sexual orientation. However, the court did not uphold the claim of equality before the law. That is the subject of an appeal that will be heard on 23 and 24 October.
The government has also appealed. Although it relied on no evidence during the trial, it now disputes any findings of constitutional breach. The government’s legal team remains headed by Ivan Hare KC of Blackstone Chambers in London, UK. Colours Caribbean, an LGBTQI+ rights organisation, successfully applied to join the appeal as an interested party.
Before the claims were first started, Tim and Richard offered to abandon their legal action if the government enacted civil partnership legislation giving same-sex couples the same rights and benefits as opposite-sex couples. Unfortunately, this offer was ignored. Our appeal document itself repeats that offer. When we first made that offer, we even provided the government with a copy of the Cayman Islands legislation recognising civil partnerships as a precedent they could work from. But, again, no response.
The Supreme Court’s decision was a significant step forward for LGBTQI+ rights in TCI. Former TCI Premier Michael Misick criticised it publicly, calling for Richard to have his Turks and Caicos Islander status revoked. If successful, the government’s appeal would be a major setback for equality. Either way, the outcome will have broader implications for LGBTQI+ rights across the Caribbean.
What’s the status of LGBTQI+ rights in TCI, and what difference have recent Privy Council rulings made?
The status of LGBTQI+ rights in TCI has a long way to go still. The government’s reliance on traditional moral standards and recent rulings on marriage issues by the UK Privy Council, the final court of appeal for TCI and other British Overseas Territories, are significant barriers to the advancement of LGBTQI+ rights.
Recent Privy Council rulings on same-sex marriage in Bermuda and the Cayman Islands have significantly influenced the discourse on LGBTQI+ rights in TCI. The combined appeal on the right to marry in the Ferguson case in Bermuda and the Bodden Bush case in the Cayman Islands is particularly noteworthy.
In Bermuda, same-sex couples had the right to marry for a period before the law was changed. Marriages already performed remained valid, but no new marriages could be celebrated – a situation that led to a case being taken to the European Court of Human Rights on the grounds that those left out were in practical effect facing discrimination. The Privy Council ruled that marriage was a unique legal institution and those jurisdictions could decide the scope of marriage without violating their constitutions.
This gave us an insight into the Privy Council’s position. However, we distinguished our case in TCI by focusing on recognition of equivalent legal rights rather than the establishment of a right to marry. The government argued we were trying to introduce the right to marry via the back door, because of the attempt to invoke the spousal exemption from immigration restrictions.
The Privy Council’s decision, which confirmed that jurisdictions can define marriage, wasn’t that surprising. TCI’s constitution, like Cayman’s, includes a preamble about TCI being a God-fearing nation. The government’s arguments in TCI appeal rely heavily on this. This is pretty odd, in light of the fact that it failed to present any actual evidence at trial.
Despite these challenges, the LGBTQI+ community and its advocates continue to press for equality and recognition, reflecting a wider struggle in many small jurisdictions.
What are the challenges for LGBTQI+ activism in TCI?
A major challenge is stigma, which is keenly felt in a place as small as TCI. Despite the presence of people who identify as LGBTQI+, there isn’t a well-developed community infrastructure such as gay pubs or clubs. There’s been a slight improvement in visibility following recent decisions, but it hasn’t yet become a significant movement. For example, there’s now anticipation for an upcoming gay pride event, a notable first for the TCI, albeit modest, as a boat trip during Gay Pride Week in June.
Living as an LGBTQI+ person in TCI often means necessarily leading a discreet life. While there are both locals and expatriates in same-sex relationships, such partnerships are not flaunted or embraced as a popular lifestyle choice. Rather, they tend to remain private, perhaps implicitly acknowledged by the community but not openly discussed.
There’s a complex interplay between legal processes and government responses. Despite government appeals against decisions concerning LGBTQI+ rights, such actions are influenced by political dynamics, particularly when elections are approaching. The electorate consists solely of Turks and Caicos Islanders and has strong opinions on issues such as same-sex marriage, which politicians must navigate with caution.
Constitutional protections theoretically guard against discrimination, but practical enforcement is uncertain. While legal recourse exists in principle, instances of intimidation and hostility, such as aggressive media commentary or social media harassment, deter people from pursuing anti-discrimination cases.
In essence, while there is a legal framework to combat discrimination, the challenges of social stigma, political sensitivities and intimidation hinder progress towards full LGBTQI+ equality in TCI.
What role has civil society played in the case?
We’ve worked with the Pride group that’s recently emerged. Although not gay myself, I was pleased to attend their meeting to have a chance to explain relevant parts of the legal challenge. I have been a friend of Richard for many years, and more recently Tim as well.
The only outside group involved was Colours Caribbean, whose involvement in the Cayman case I had been aware of for some time. When they heard of our legal victory, despite ongoing appeals from both sides, they approached us to join the proceedings. We don’t control their involvement, but the fact that we haven’t objected to it apparently influenced the court’s decision to give them a speaking role in the October appeal.
What are your expectations?
I expect that Tim and Richard will win their appeal on the failure by the judge to deal with the equality before the law claim. Whatever the outcome of the government’s appeal, I expect that the British government will have to exercise its power of override, as it did in the Cayman Islands context, to introduce civil partnership recognition legislation. In TCI, the Governor, a British-appointed official, has a constitutional power to legislate in the best interests of the jurisdiction. For example, previous governors have forced through legislation decriminalising same-sex sexual activity – a move still resisted in other parts of the Caribbean.
I think our success will primarily relate to the anti-discrimination aspect of the lower court judge’s decision. Right now, we are in a perplexing situation: the judge has agreed with our argument that Richard and Tim’s constitutionally protected rights are being violated but he stopped short of implementing the necessary remedial measures.
This creates a glaring inconsistency: existing violations are acknowledged but no remedy is provided. So if another same-sex couple were to seek spouse treatment, they would be denied the exemption, even though the Court has recognised this as a breach of constitutional rights. It is unlikely that the Court of Appeal will accept this situation. We argue that the judge made a fundamental mistake in finding breaches but not proposing remedies. Moreover, the judge’s criticism of our approach fails to recognise alternative ways of remedying the situation, such as amending immigration laws to include same-sex couples in the eligibility criteria for spousal exemptions.
The delay in the judge’s decision, despite mounting pressure, suggests a rushed outcome in the end. It appears that in his haste, the judge failed to thoroughly explore possible solutions to the violations identified. I therefore anticipate that the Court of Appeal will scrutinise the lower court’s handling of the case and consider remedies in line with constitutional obligations.
What are the next steps?
The trajectory of progress depends heavily on the outcome of the Court of Appeal hearing. It’s unlikely a decision will be made immediately after the hearing, given the complexity and scale of the case. As we have argued that the lower court judge erred in his decision, the matter could be escalated to the Privy Council for constitutional review.
However, in terms of broader progress and the continued advancement of LGBTQI+ rights, increased visibility and public awareness are paramount. The greater the exposure and discussion surrounding the case, particularly at the appellate level, the more likely it is that attitudes will evolve positively. Increased awareness fosters confidence within the LGBTQI+ community, encouraging people to live more openly and authentically.
Historically, many people who identify as LGBTQI+ have felt compelled to leave TCI and seek more accepting environments abroad, primarily in cities in the UK or the USA. This trend underscores the prevailing reluctance to accept LGBTQI+ identities in the local context. It will undoubtedly take time to overcome this suspicion and foster a culture of acceptance, but progress is evident and ongoing.
It is my hope as a legal practitioner that church groups engage in this discussion in a constructive and inclusive way, avoiding regressive interpretations of religious doctrine. Such interpretations, rooted in outdated beliefs, only serve to hinder progress. It’s worth noting that TCI, essentially a tourist destination, relies heavily on its reputation as a progressive and welcoming place. Failure to address LGBTQI+ rights risks tarnishing this image, with negative implications for tourism and therefore for economic prospects.
Advancing LGBTQI+ rights in the TCI requires ongoing advocacy, awareness-raising and a concerted effort to foster a culture of inclusion and acceptance within the local community and wider society.
Get in touch with Stanbrook Prudhoe through itswebsite and connect with Tim Prudhoe onLinkedin.
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UAE: Guarantee an inclusive COP and release detained human rights defenders
With the start of COP28 in Dubai in a month, 346 civil society organisations call on the Emirati authorities, UN and State Parties to guarantee an inclusive COP and release jailed human rights defenders in the UAE. The letter stresses the imperative for the organisers to put ordinary citizens, including excluded communities, at the centre of the conference as more 70,000 people gather from 30 November to 12 December 2023 for COP28.
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UAE: Release all prisoners of conscience now
Joint letter calling on the President of the United Arab Emirates (UAE), Sheikh Mohammed bin Zayed Al Nahyan, to intervene immediately in favour of the release of prisoners of conscience.
Your Highness,
We, the undersigned organisations, write to you to urge Your Highness to release prisoners of conscience in UAE prisons and to address this issue decisively.
We appeal to Your Highness as President of the United Arab Emirates to treat the issue of prisoners of conscience as a high priority and consider it an urgent humanitarian situation that requires your direct and immediate intervention.
Your Highness- the absence of such policies, rooted in human rights standards, is a stain on the country’s international reputation and runs counter to the Emirati government's image of the UAE as a country that believes in the values of tolerance and openness. It is the primary responsibility of Your Highness to uphold constitutional principles by putting an end to all human rights violations.
We call on Your Highness to assume full moral and legal obligations and to work for the respect of human rights. Therefore, we appeal to you not only to release all prisoners of conscience in UAE jails but also to ensure that such violations will not be repeated.
Pending their release, we hope that Your Highness will work to demonstrate your commitment to human rights and compliance with international standards for prisoners by granting prisoners of conscience their rights, such as medical care and regular family visits, and ending all forms of violations they are being exposed to.
With great respect and appreciation
Signatories
- ALQST for Human Rights
- Americans for Democracy & Human Rights in Bahrain
- CIVICUS
- Emirates Detainees Advocacy Centre
- Euro-Med Human Rights Monitor
- European Centre for Democracy and Human Rights
- FEMENA
- Geneva council for rights and liberties
- Gulf Centre for Human Rights
- HuMENA for Human Rights and Civic Engagement
- International Campaign for Justice and Human Rights
- International Centre for Justice and Human Rights
- MENA Rights group
- Skyline International for Human Rights
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Uganda yet to address civic freedom gaps ahead of UN review
Human rights organisations CIVICUS, Foundation for Human Rights Initiative (FHRI), Justice Access Point (JAP) and African Institute for Investigative Journalism (AIIJ) call on UN member states to urge the Government of Uganda to protect civic freedoms as its human rights record is examined by the UN Human Rights Council on 27 January 2022 as part of the 40th session of the Universal Periodic Review (UPR).
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UGANDA: ‘Closure of the UN office will result in the loss of a crucial player in the field of human rights’
CIVICUS speaks about the human rights situation and the closure of the United Nations (UN) office of the High Commissioner for Human Rights in Uganda with Dr Livingstone Sewanyana, founder and Executive Director of the Foundation for Human Rights Initiative (FHRI) andUN independent expert on the promotion of a democratic and equitable international order.Founded in 1991, FHRI is a human rights civil society organisation (CSO) working to advance democratic development and fundamental freedoms in Uganda.
What were the achievements of the UN human rights office in Uganda, and why is it closing?
The UN Office of the High Commissioner for Human Rights was established in Uganda during a period of conflict that particularly affected northern Uganda, with a head office in Kampala and regional offices based in north and northeastern Uganda. Its main objective was to promote reconciliation and peacebuilding, which was successfully achieved.
The UN office played a key role in creating awareness among communities about their rights and ways to defend them. It conducted extensive human rights monitoring to expose violations and contributed significantly to building the capacity of the Uganda Human Rights Commission (UHRC) – the national human rights institution – and various local CSOs through technical assistance and, at times, financial support for their programmes.
After the goal of rebuilding northern Uganda was achieved, the agreement was extended multiple times, with 2023 agreed as a potential cut-off. The Ugandan authorities cite the achievement of its goals as a reason not to prolong the UN office’s mandate. Civil society groups, however, think its closure will result in the loss of a crucial player in the field of human rights, given the critical role it played in terms of democratisation in Uganda, capacity development, technical assistance and human rights monitoring.
How do you assess the work of the UHRC?
The UHRC is entrusted with a broad mandate, encompassing both promotional and protective functions, along with a tribunal for handling human rights complaints. As the national human rights institution, it consistently submits annual reports to parliament.
While the UHRC’s promotional efforts are commendable, challenges arise in its protective role because this requires goodwill from the state. Insufficient resources and lack of political will, particularly on controversial issues, hinder its ability to function effectively.
The UHRC’s independence has always been questioned. Although the authorities may not interfere directly with its work, the lack of executive action on its recommendations undermines its potential and credibility. The UHRC needs more space to execute its mandate effectively.
How does FHRI defend and promote human rights?
For over 32 years, we’ve monitored, documented and reported human rights abuses. Our reports reach various stakeholders, including government, parliament, international bodies, the media and civil society. We also engage with young people through university programmes, fostering an understanding of rights and obligations. We actively assist victims of human rights violations through our legal aid programme, which handles over 1,000 cases every year, and provide mediation and administrative support services.
Our campaigns include a 30-year effort to abolish the death penalty. Although Uganda has retained it, the death penalty is now restricted to the most ‘serious crimes’, and opportunities for a prerogative of mercy have been established. If someone who’s been sentenced to death is not executed within three years, their sentence is automatically commuted to life imprisonment. We have consistently challenged the application of the death penalty in the Constitutional Court and the Supreme Court.
We also engage in legislative advocacy, analysing bills and voicing our position on their human rights implications, as seen in our response to the Anti-Homosexuality Act 2023, which unfortunately retained a provision for the death penalty. However, we succeeded in securing the removal of the mandatory death penalty provision by parliament.
We actively report to the UN Human Rights Council and the African Commission on Human and Peoples’ Rights. As a UN independent expert, I recently presented my sixth report to the Human Rights Council, sharing findings from my visit to the Republic of Georgia.
In sum, our work cuts across community, district, national and international divides. Taking a holistic approach, we conduct awareness raising, capacity development and advocacy campaigns and provide legal protection to victims of abuse through recourse to courts. We are affiliated with the World Coalition Against the Death Penalty and the International Federation of Human Rights Defenders.
What challenges do Ugandan human rights organisations face?
Civic space is getting more and more restricted and civil society is becoming more apprehensive. We have limited funding to carry out our work and regularly face legislative challenges, such as the restrictive Public Order and Management Act of 2013, which constrains assemblies and public meetings.
Civil society groups are confined to operating within the narrow framework of the law, and it’s difficult to expand the frontiers of your work. Recently, 54 CSOs have had to suspend their operations due to non-compliance with the NGO Act 2016.
To ensure the sustainability of our day-to-day operations we need expertise, and retaining experienced staff is difficult due to the potential lure of international organisations.
There’s a need to broaden civic space and ensure an enabling environment for everyone to exercise their rights. For this to happen, the state must implement recommendations from the Human Rights Council’s Universal Periodic Review process and UN treaty bodies.
What international support do you receive, and what support do you need?
CIVICUS has been instrumental in supporting our human rights monitoring and reporting work. We have submitted several joint reports to the UN Human Rights Council and UN Human Rights Committee.
We also require assistance in capacity development to promote better understanding of the human rights architecture. Most crucially, financial support is needed to empower human rights defenders to participate in forums and carry out their work effectively. In a society grappling with poverty and high unemployment, the demand for technical and financial assistance is high, and human rights organisations are often looked upon as potential providers.
Civic space in Uganda is rated ‘repressed’ by theCIVICUS Monitor.
Get in touch with FHRI through itswebsite orFacebook page, and follow@FHRI2 and@LSewanyana onTwitter.
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UGANDA: ‘Shrinking civic space means affected communities are not able to make their voices count’
CIVICUS discusses the hopes and roles of civil society at the forthcoming COP28 climate summit with Ireen Twongirwe, a climate activist and CEO of Women for Green Economy Movement Uganda (WoGEM).WoGEM is a community-based civil society organisation (CSO) dedicated to advocating for and promoting women’s and girls’ participation in a greener economy. It brings together vulnerable women and girls and equips them with knowledge and capacities to engage in the search for sustainable community livelihoods and climate change mitigation and resilience efforts.
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Uganda: Egregious measures threaten free and fair elections
🇺🇬🗳️President @KagutaMuseveni has ruled #Uganda for 35 years. Ahead of tomorrow's elections (#UgandaDecides2021), the authorities have undertaken an unprecedented campaign to silence dissent.
— CIVICUS (@CIVICUSalliance) January 13, 2021
We urge the international community to speak out. Joint letter https://t.co/uTyq99TVyd pic.twitter.com/4DWBrcc9WrUrgent joint civil society letter on Ugandan Elections taking place on 14 January 2020
To the: African Commission and United Nations Special Procedures
ACHPR Special Rapporteur on Human Rights Defenders
ACHPR Special Rapporteur on Freedom of Expression
UN Special Rapporteur on Freedom of Expression
UN Special Rapporteur on Human Rights Defenders
UN Special Rapporteur on Extrajudicial, Summary or Arbitrary Executions
UN Working Group on Arbitrary Detentioncc: United Nations High Commissioner for Human Rights
Regional and International Heads of State and GovernmentRe: Egregious and widespread pre-electoral violence, intimidation and repressive measures threaten free and fair electoral process in Uganda
Uganda is set to hold Presidential and Parliamentary general elections on January 14th, 2021. The undersigned organisations are deeply concerned with the rapidly deteriorating human rights situation in the country and submit this urgent appeal to your respective mandates under the African Commission on Human and Peoples’ Rights and United Nations (UN) to urge the Government of Uganda to adhere to its constitutional, regional and international obligations, particularly during this critical electoral period.
Over the last few months, we have noted an escalation of violations that has created a climate of unprecedented fear and intimidation by State security and other regulators, seemingly intended to silence dissent, undermine political opposition participation 1, and deprive Ugandans of their enjoyment of fundamental rights; in particular, the right to freedom of expression, association, and peaceful assembly. Security forces have adopted the use of excessive and deadly force to quell public gatherings and intimidate the public, especially human rights defenders, journalists, opposition politicians and their supporters, and vulnerable groups such as women and youth.
Credible human rights organisations and media institutions have documented numerous cases of mass arrests and abductions of civilians, which are becoming more of a daily occurrence 2. In addition, COVID-19 related prevention measures have been exploited to unduly restrict civil and political rights and other fundamental freedoms. In the months leading to the election, authorities arrested opposition party leaders, journalists, and dispersed opposition campaign rallies with teargas for allegedly violating COVID-19 guidelines 3. On the other hand, authorities in a partisan manner, allowed certain rallies organised by the ruling National Resistance Movement (NRM) to continue unhindered 4.
Covering the political opposition has become an unacceptably dangerous job for journalists, who have been assaulted numerous times by security personnel. For example, on December 27 at least three journalists -- Daniel Lutaaya, Ashraf Kasirye, and Ali Mivuli-- were injured by projectiles fired by police 5. Kasirye remained hospitalized at the time of publication. In early December, police beat at least six journalists who were covering opposition candidate Robert Kyagulanyi in Lira 6 and fired a rubber bullet at another journalist in Jinja 7. In a December 27 statement 8, police said they would investigate attacks on journalists, a commitment that was deeply undermined on January 8, when the Inspector General of Police, Martin Okoth Ochola, told journalists that police were beating them for their own safety 9.
Regulators have sought to further restrict media access and coverage during the electoral period. In December, the Media Council of Uganda issued guidelines, requiring all foreign journalists in Uganda to reapply for accreditation; introducing a more stringent regime for accreditation of journalists seeking entry into Uganda; and barring all local journalists from covering political events without credentials 10. The Uganda Communications Commission in December wrote to Google, asking for the take-down of opposition aligned YouTube pages 11. On January 12 Reuters 12 and AFP 13 news agencies reported that the regulator ordered Internet Service Providers to block access to social media platforms. In a speech 14, Uganda’s President Yoweri Museveni claimed the shutdown of social media platforms was retaliatory to an earlier measure by Facebook, which took down government-linked accounts for allegedly manipulating public debate 15.
Human rights defenders and non-governmental organisations (NGOs) play an important role in promoting an enabling environment for the respect and protection of human rights. In relation to elections, they support institutional processes in areas such as voter education, independent election monitoring and helping to reduce election-related conflict. Despite this critical role, organisations such as the Uganda National NGO Forum and Uganda Women’s Network (UWONET) that were engaging in election-related activities such as polling have had their bank accounts arbitrarily frozen following allegations of money-laundering 16. Prominent human rights lawyer Nicholas Opiyo along with four others were arrested last month on similar money-laundering allegations 17. Another striking example is the suspension of the National Election Watch-Uganda (NEW-U), a loose coalition of largely formal NGOs engaged in election monitoring, by the National Bureau of NGOs, allegedly for non-registration 18.
In light of the numerous and widespread violations that have been observed, particularly over the past several weeks, there is a strong justification to be concerned over the fairness and integrity of the upcoming elections.
This appeal calls on the UN and African Commission special procedures to exercise their mandates to urge the government of Uganda to adopt all reasonable safeguards to enable Ugandans to participate in the election free of violence and intimidation, and to abandon all efforts to restrict the media from freely reporting on the electoral process. Ugandan security forces must refrain from the excessive use of force against civilians and refrain from arbitrary arrests and detention as a means to silence persons critical of the State. Anyone arrested must be afforded the full due process of the law, including a prompt, free and fair trial. Perpetrators of election related violations that have occurred in recent months must be held accountable and effective remedies afforded to the victims.
We further call on you to strongly urge the government of Uganda to embrace the fundamental right to political participation and to observe the cardinal principles of transparency, accountability, fairness and non-discrimination in collecting, processing, registering and reporting of the votes. In addition, the Ugandan government must allow independent organisations to freely and safely conduct election monitoring to help safeguard the general election process from electoral misconduct and instill public confidence in the integrity of the process.
Finally, we call on you to remind member States of the African Union and United Nations and other multinational organisations to uphold their treaty obligations and hold Uganda accountable to its own constitution, regional and international obligations, ensuring adherence to the principles of a free and just democratic society.
We thank you for your attention to these pressing issues that carry with them serious implications for the rule of law and respect for fundamental freedoms in Uganda, as well as the East African sub-region more generally, and stand ready to provide any further information.
Sincerely,
Access Now
African Centre for Democracy and Human Rights Studies (ACDHRS)
African Freedom of Expression Exchange (AFEX)
ARTICLE 19 - Eastern Africa
Association Nigérienne des Scouts de l'Environnement (ANSEN)
Association for Human Rights in Ethiopia (AHRE)
Center for Civil Liberties (Ukraine)
CIVICUS, the global civil society alliance
Commonwealth Human Rights Initiative (CHRI)
Eastern Africa Journalists Network (EAJNet)
Ethiopian Human Rights Defenders Center (EHRDC)
MARUAH, Singapore
Media Foundation for West Africa (MFWA)
Network of Estonian Non-profit Organizations
Network of Public Interest Lawyers, Uganda
Robert F. Kennedy Human Rights
ROSE (Réseau des Organisations de la Société Civile pour l'Observation et le Suivi des Élections en Guinée), Guinea
Odhikar, Bangladesh
Somali Journalists Syndicate (SJS)
Southern Africa Human Rights Defenders Network
Spaces for Change, Nigeria
Uganda National NGO Forum
Vijana Corps, Uganda
Womankind Worldwide
Zambia Council for Social Development (ZCSD)
1. The Independent, NUP accuses security of targeting their supporters during night operations, November 24, 2020, available at https://www.independent.co.ug/nup-accuses-security-of-targeting-their-supporters-during-night-operations/.
2. Id.See also NTV Youtube broadcaST, Mukono residents cry out, some now sleep in the bush in fear of arrest, January 6, 2021, available at https://www.youtube.com/results?search_query=mukono+residents+cry+out. Relatedly see Daily Monitor, Two NUP candidates, four supporters go missing in Mpigi District, available at https://www.monitor.co.ug/uganda/news/national/two-nup-candidates-four-supporters-go-missing-in-mpigi-district-3251388.
3. Human Rights Watch, Uganda: Authorities weaponize covid-19 for repression, November 20, 2020, available at https://www.hrw.org/news/2020/11/20/uganda-authorities-weaponize-covid-19-repression.
4. Id.
5. Committee to Protect Journalists, Police beat, detain journalists covering opposition candidates ahead of Uganda elections, January 7, 2021, available at https://cpj.org/2021/01/police-beat-detain-journalists-covering-opposition-candidates-ahead-of-uganda-elections/.
6. Human Rights Network for Journalists- Uganda, Journalists covering presidential candidate Kyagulanyi brutally attacked by security forces, December 12, 2020, available at https://www.hrnjuganda.org/journalists-covering-presidential-candidate-kyagulanyi-brutally-attacked-by-security-forces/.
7. Foreign Correspondents Association Uganda, Tweet, December 2, 2020, available at https://twitter.com/fcauganda/status/1334184041722093568?lang=en.
8. Uganda Police Force, Statement on violent fracas at Kyabakuza, December 27, 2020, available at https://www.upf.go.ug/statement-on-violent-fracas-at-kyabakuza/.
9. Daily Monitor, Police will beat you for own safety, ICP Ochola tells journalists, January 8, 2021, available at https://www.monitor.co.ug/uganda/news/national/police-will-beat-you-for-own-safety-igp-ochola-tells-journalists-3251102.
10. International Press Institute, Uganda orders journalists to seek fresh accreditation, December 11, 2020, https://ipi.media/uganda-orders-journalists-to-seek-fresh-accreditation/.
11. Accessnow, KeepItOn: Uganda must #KeepITOn during the upcoming general election, January 11, 2021, available at, https://www.accessnow.org/cms/assets/uploads/2021/01/KeepItOn-open-letter-uganda-general-election.pdf.
12. Reuters, Uganda orders all social media to be blocked -letter, January 12, 2021, available at https://www.reuters.com/article/us-uganda-election-social-media/uganda-orders-all-social-media-to-be-blocked-letter-idUSKBN29H1E7
13. Rfi, Uganda bans social media ahead of election, Bobi Wine says home raided, January 12 2021, available at https://www.rfi.fr/en/africa/20210112-uganda-bans-social-media-ahead-of-election-bobi-wine-says-home-raided-yoweri-museveni.
14. NTV Uganda, Facebook, January 12, 2021, available at https://web.facebook.com/169252986456497/videos/401297207829849.
15. DW, Uganda elections: Facebook shuts down government-linked accounts, January 11, 2021, available at https://www.dw.com/en/uganda-elections-facebook-shuts-down-government-linked-accounts/a-56195067.
16. Daily Monitor, Govt freezes accounts of 4 NGOs doing poll work, December 2, 2020, available at https://www.monitor.co.ug/uganda/special-reports/elections/govt-freezes-accounts-of-4-ngos-doing-poll-work-3216360.
17. The Guardian, Uganda charges leading lawyer for LGBT rights with money laundering, December 24, 2020, available at, https://www.theguardian.com/global-development/2020/dec/24/uganda-charges-leading-lawyer-for-lgbt-rights-with-money-laundering-nicholas-opiyo
18. URN, Government suspends operations of national Election Watch Uganda, October 29, 2020, available at https://ugandaradionetwork.net/story/government-suspends-operations-of-national-election-watch-uganda.
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Uganda: Request to withdraw anti-homosexuality bill
Office of the President
Republic of Uganda
Apollo Kaggwa Road
Kampala, Uganda
Tel: 254881/6/343926
Email:Dear President Yoweri Kaguta Museveni,
Re: Request to withdraw anti-homosexuality bill on the basis that it is discriminatory, barbaric and unconstitutional
We, the undersigned civil society organisations write to express serious concerns over the recently passed Anti-Homosexuality Bill and call on you to reject the Bill as it violates the right of freedom of expression and association and the rights of Ugandans to be treated equally without any discrimination. The Bill is also at variance with Uganda’s Constitution and its obligations under the African Charter on Human and people’s Rights and the International Covenant on Civil and Political Rights. In its current form, the Bill will institutionalise discrimination and hatred against LGBTI+ communities.
You would recall, Sir, that a similar law - the 2014 Anti-Homosexuality Act was rejected by the Constitutional Court on procedural grounds after it was challenged by activists, civil society organisations and academics. After that, the Sexual Offences Bill which criminalised sexual relations of persons of the same gender was approved by Parliament on 4 May 2021, but was rejected by you on the basis that it covered provisions already catered for in the Penal Code.
The current Bill has more restrictive provisions. It violates the fundamental rights and privacy of those who identify with the LGBTI+ community and criminalises them for simply being who they are. It criminalises persons who identify as lesbian, gay, transgender, queer as well as other gender identities that are different from the binary categories of male and female. It further criminalises marriages between people of the same sex and proposes lengthy prison terms of between five and ten years for the promotion of homosexuality. These provisions will severely restrict the rights of freedom of expression and association especially by members of the LGBTI+ community and are at variance with the constitutional provisions that promote liberties for all Ugandans.
Imposing restrictions on the LBGTI+ community through Bills like these fosters a climate of hate, intimidation and violence against sexual minorities. As has been observed in the past when similar legislations have been proposed by law makers, there has been a corresponding increase in attacks and restrictions targeting members of the LGBTI+ community with some experiencing institutional and systemic barriers in accessing welfare facilities and others discriminated against by their communities on the basis of their sexual orientation.
The passing of the Anti-Homosexuality Bill has been preceded by restrictions, threats and the vilification of sexual minorities in Uganda. In August 2022 the civil society organisation Sexual Minorities Uganda (SMUG) was banned by the Ugandan National Bureau (the NGO Bureau for Non-Governmental Organisations) on the grounds that it was not registered.In 2012 the NGO Bureau rejected an application by SMUG to have it registered on the basis that the organisation was “undesirable and un-registrable.” Over the last several years scores people have been subjected to sexual violence and arbitrary arrests, with some charged with committing “unnatural offences,” whilst several organisations that advocate for the rights of LGBTI+ communities are scrutinised and investigated by the state.
We call on you to:
● Reject the Anti-Homosexuality Bill 2023
● Ensure senior government officials stop vilifying LGBTI+ communities
● Create an enabling environment for sexual minorities and organisations working to advocate for their rights.Signatories
- African LGBTI Network, South Africa
- ACHERI
- Coalition for Peace and Gender Champions in Africa, Kenya
- Ceva de Spus, Romania
- Coloured Voice Truth to LGBTQ
- Consultando soluciones/ Lime Fundacion
- CIVICUS
- Equality Rights Africa, Organization
- Iranti
- Lifeline Youth Empowerment Centre
- MenEngage Global Alliance, Nepal
- ORGANIZATION DU FONTAINE
- Rainbow Africa Initiative
- Rural Development Foundation
- Talanta Africa, Kenya
- SLAD
- SAIH - Norwegian Students and Academics International Assistance Fund
- Transgender Equality
- UHAI EASHRI
