NGO laws

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

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

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

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

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

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

Bangladesh is listed as repressed on the CIVICUS Monitor.
Belarus: Letter to Permanent Representatives of Member & Observer States of the Human Rights Council
To Permanent Representatives of Member and Observer States of the UN Human Rights Council:

Excellency,

The Human Rights Council will consider the possible renewal of the mandate of the OHCHR examination of the human rights situation in Belarus at its 49th session.

We, the undersigned national, international and Belarusian organisations, urge your delegation to support the renewal of this mandate, which is critical for maintaining scrutiny on Belarus’s human rights crisis.

The human rights situation in Belarus which necessitated Council action in 2021 is deteriorating. There are continuing cases of arbitrary detention and arrest, torture and cruel, inhuman, or degrading treatment, and unfair and closed trials on trumped-up charges against persons perceived by the authorities as being critical of the government.

As of 1 February 2022, well over 1000 prisoners are recognized as “political prisoners” by the Belarusian human rights organisation Viasna. However, the number of those detained for political reasons is much higher and might reach as many as 5,000. Torture and ill-treatment of those detained continue, with the objective of eliciting forced “confessions”, and punishing and silencing those carrying out human rights and civic activities.

In 2021, civil society came under prolonged systematic attack by the Belarusian authorities. The government liquidated at least 275 civil society organisations, including all independent human rights organisations. Authorities have initiated criminal cases against 13 human rights defenders, 12 of whom have been detained.

Legislative amendments to the Criminal Code adopted in December 2021 re-introduced criminal liability for "acting on behalf of unregistered or liquidated organisations.” The liquidation of all independent human rights organisations by the authorities has therefore led to a de facto criminalisation of human rights work. Independent media also face systematic persecution, with journalists frequently being labelled as “extremist”, targeted under defamation charges, and blocked from publishing. At least 31 journalists and media workers remain behind bars on criminal charges and at least 22 lawyers have been disbarred by Belarusian authorities on political grounds or because of their representation of defendants in politically sensitive cases . In addition, Belarus is considering introducing criminal proceedings in absentia, with implications for those who have fled the country.

Those who are subject to human rights violations in Belarus do not currently have any effective legal remedies or recourse to justice, and look to the United Nations Human Rights Council to ensure an accountability process for serious human rights violations.

At the 46th session, the Human Rights Council mandated the OHCHR to conduct an examination. This was a welcome development given the widespread and systematic, human rights violations that occurred in Belarus in the context of 2020’s presidential election, and the environment of impunity and lack of accountability within which they occurred.

Unfortunately, the OHCHR examination received only around 50 per cent of the budget for its work in 2021 against what was originally approved by the Council at HRC46. It became fully operational only in the final months of 2021. Despite these challenges, the OHCHR examination is still expected to provide a report to the Human Rights Council at the 49th session.

Given the current dire human rights situation in Belarus, and the ongoing importance and unique nature of the OHCHR examination, we call on this Council to renew the mandate at HRC49, and ensure its work is sufficiently resourced and funded.

Please accept, Excellency, the assurances of our highest consideration,

Signed
- Amnesty International
- ARTICLE 19
- The Barys Zvozskau Belarusian Human Rights House
- CIVICUS: World Alliance for Citizen Participation
- Civil Rights Defenders
- FIDH - International Federation for Human Rights
- Human Rights House Foundation
- Human Rights Watch
- IFEX
- Index on Censorship
- International Bar Association's Human Rights Institute (IBAHRI)
- International Commission of Jurists
- World Organisation Against Torture (OMCT)
Civic space in Belarus is rated as "closed" by the CIVICUS Monitor . Belarus is also on the CIVICUS Monitor Watchlist
Belarusian authorities must end suppression of citizens, says CIVICUS
Johannesburg. 19 May 2011. The recent detention of 14 Lesbian, Gay, Bisexual and Transgender (LGBT) activists in Minsk is just one more incident in an on-going crackdown on civil society in Belarus, said CIVICUS: World Alliance for Citizen Participation today. The arrests came as local LGBT groups were gathering in Minsk to commemorate the International Day of Anti-Homophobia on 17 May.

According to one organiser, Sergei Androsenko, head of the organisation Gay Belarus, the protestors were planning to gather peacefully with the goal of spreading tolerance and understanding, but were detained pre-emptively by police before they could assemble. The fourteen detainees, including Androsenko, were taken to a local police precinct, where they were finger-printed, harassed with slurs and had some of their personal effects confiscated, including a thousand flyers advertising the campaign to ‘legalise love’, before being released.
BOSNIA AND HERZEGOVINA: ‘Civil society has failed to spark people’s activist side’

CIVICUS speaks about deteriorating civic space in Bosnia and Herzegovina (BiH) withAida Daguda and Dajana Cvjetkovic, director and programme manager atthe Centre for Civil Society Promotion (CPCD).

Founded in 1996, CPCD is a civil society organisation (CSO) working to strengthen civil society and citizen participation in BiH and the Western Balkans through capacity development, advocacy and campaigning.

What are civic space conditions like in BiH?

In our nearly three decades working in civil society in BiH and the Western Balkans, we have never witnessed such a rapid deterioration of civic space. Our organisation, along with other CSOs, is deeply concerned about two new pieces of legislation introduced in Republika Srpska (RS), one of the two entities that make up BiH.

The first bill, already adopted, reintroduced criminal defamation into the legal system. The second, currently under parliamentary debate, is a ‘foreign agents’ bill that would criminalise CSOs that receive foreign funding or assistance for ‘political activities’ and give state institutions the power to shut them down. This would be just another tool to further restrict civil society in the hands of government authorities, who already use the mechanisms in place to oversee the work of CSOs and exert pressure and threaten us. Over the past year there have been more inspections of CSOs than ever before, specifically targeting smaller and more vocal organisations.

By silencing independent media and civil society, RS President Milorad Dodik seeks to eliminate public scrutiny and criticism in an entity marred by criminal activities and corruption and undergoing a difficult economic situation. The government is resisting democratic oversight and trying to eliminate all forms of critical thought among the public.

Moreover, in April 2023 the Sarajevo local government proposed amendments to local public order laws that would penalise the spread of ‘fake news’ and criticism of state authorities. Although the draft bill was withdrawn in June due to the public outcry it caused, the authorities have expressed their commitment to reintroducing a modified version of the bill.

These are all signals that the situation for civil society is rapidly worsening in RS and in BiH as a whole, with severe limitations being introduced on freedoms of association and expression.

How has Bosnian civil society organised against the restrictive bills?

A part of RS’s civil society is well organised and experienced in advocacy and campaigning. But overall, there are fewer than 10 CSOs that are strongly committed to their human rights mission and vision, while the rest maintain links with the government that make them less vocal against repressive laws. We provide support with expertise and funding to independent CSOs in RS, but we must be discreet because we are based in the Federation of Bosnia and Herzegovina, the other entity that composes BiH, and our help tends to be misunderstood by both politicians and the public in the RS.

Unfortunately, many Bosnian CSOs remain silent due to fear. In RS in particular, people are afraid for their safety and that of their families. Unlike in Georgia, where people took to the streets to defend freedom of association, people in Bosnia aren’t motivated, partly due to media narratives portraying civil society as being paid by the international community to act against the government.

We are using all available tools to raise awareness about repressive legislation within the country, at the European Union (EU) level and through communication with various civil society networks, including CIVICUS. The government argues that these laws are necessary to prevent the financing of terrorism and money laundering, but we view these as excuses.

We have informed opposition members of parliament about the potential negative consequences of the ‘foreign agents’ law but have made no impact. Our outreach to the public has been hindered by lack of media support.

However, we remain hopeful that this crisis may turn into an opportunity for Bosnian civil society to revive the sense of solidarity that we’ve lost over the past decade. These days, we constantly think in terms of projects and donors and tend to see each other as competitors when we most desperately need to be united.

How would you describe the current political climate in BiH?

Our region has historically bordered with empires, and this location has come at a price. The threat of RS’s secession has risen in recent years, posing a security problem for the entire region. Due to BiH’s location and rich natural resources and potential for energy production, many fear that its fate depends on the outcome of Russia’s war against Ukraine and the interests of major powers such as China, the EU, Russia, Turkey and the USA. The people of BiH are the ones with the least influence on the decisions that will affect them.

While secession may not be imminent, the threat of it significantly impacts on people’s wellbeing. We experience a pervasive feeling of insecurity that contributes to an anxious atmosphere. This makes people easier to manipulate. Many people are considering leaving, mostly because of their sense of insecurity and the widespread corruption.

Fear is our main currency. Past experiences of police surveillance leading to arrests of protesters have deterred people from participating in demonstrations. People are losing hope that things will improve. During the war we experienced between 1992 and 1995, we had a very strong feeling of hope that when the war ended we would recover a normal life and rebuild our country. Now we have peace but we don’t have hope anymore.

How do you work to strengthen civil society in BiH, and what obstacles do you face?

Our organisation was established right after the war, so it has existed for 27 years. We were the first ones to connect CSOs from different parts of the country and our network currently includes over 350 organisations.

In 2004, we launched the first initiative of institutional cooperation between government and civil society. At that time, civil society was thriving. But over the past decade or so, the situation has steadily worsened. Civil society faces a shortage of human resources, and people hold rather negative views about civil society. We seek to change such perceptions by consistently communicating the purpose and results of our work to the public and beneficiaries of our services and activities.

We also lack strong connections with the media, which should serve as a channel between us, the government, the international community and, most importantly, our society. To show what we’re doing and what we are trying to achieve, instead of just following donors’ visibility guidelines we have established our own portal in which we collect inspiring stories of civil society’s impact in improving people’s lives.

But our biggest problem is lack of local ownership. For many years the international community did things for us, so we aren’t used to solving problems by ourselves. People aren’t used to activism; they complain and wait for others to resolve their problems. That’s one of the failures of civil society: we have implemented many projects, but never managed to spark people’s activist side.

What challenges do you face in cooperating with international partners?

International agencies implement large projects in BiH and many funds come from the international community, but we don’t see results. One of the reasons is that local civil society is pushed aside. When we inquire with donors about supporting local organisations or networks, they argue that small organisations lack the capacity to successfully implement large grants. It has become their mantra.

This hampers the development of civil society as the true democratic force our country urgently needs. We must engage in dialogue with the government to devise solutions for the numerous problems we face. We need to move past the ‘projectisation’ of civil society and focus on the long term.

This also applies to the government, which is also forced to work within the project framework, executing short-term tasks requested by the EU or other international institutions. For instance, the government, jointly with the European Commission, invested around €1 million (approx. US$1.06 million) to fulfil a request to establish a register for CSOs, but once international partners left the country, the register ceased to function. There was a failure to recognise that civil society could have created, managed and overseen the register, which could have been instrumental in developing a common civil society strategy.

This year we established an informal group of donors who support local civil society in Bosnia. We hope the international community will consistently convey the message that they must prioritise local ownership and sustainability. We don’t want to see civil society becoming a mere service provider for larger international agencies. We need to organise around genuine shared interests rather than form networks to satisfy the criteria of calls for proposals. It is time for us to think strategically about who we are and what our role is.

Civic space in Bosnia and Herzegovina is rated ‘narrowed’ by theCIVICUS Monitor. Bosnia and Herzegovina is currently on theCIVICUS Monitor Watchlist, which draws attention to countries where there is a serious and rapid decline in respect for civic space.

Get in touch with CPCD through itswebsite or itsFacebook page, and follow@cpcdba on Twitter.
El Salvador:“Foreign Agents” bill would restrict freedom of expression & association if passed into law

🇸🇻 #ElSalvador
New law on "foreign agents" restricts freedoms of expression and association and gives the executive broad powers to repress civil society and independent media.
📲 https://t.co/lFEaIeOQkf pic.twitter.com/d60dPTSFTD
— CIVICUS (@CIVICUSalliance) November 17, 2021

Global civil society alliance CIVICUS expresses serious concerns over a ‘Foreign Agents’ bill proposed by the government of El Salvador which would give the executive ample powers to stifle civil society and independent media.
French Separatism Bill threatens fundamental freedoms, warn civil society organisations
The proposed French "separatism" bill («Projet de loi confortant le respect des principes de la République») could threaten rights and civil liberties, according to French and European civil society organisations including CIVICUS, the European Civic Forum (ECF), Le Mouvement Associatif (LMA) and la Ligue des droits de l’Homme (LDH). French civil society organisations and trade unions have scheduled public demonstrations against the bill on 12 June 2021.
Georgia: danger averted, for now
By Andrew Firmin is CIVICUS Editor-in-Chief, co-director and writer for CIVICUS Lens and co-author of the State of Civil Society Report.

Georgian civil society can breathe a sigh of relief. A proposed repressive law that would have severely worsened the space for activism has been shelved – for now. But the need for vigilance remains.

Russia-style law

A proposed ‘foreign agents’ law would have required civil society organisations (CSOs) and media outlets in Georgia receiving over 20 per cent of funding from outside the country to register as a ‘foreign agent’. Non-compliance would have been punishable with fines and even jail sentences.

The law’s proponents, including Prime Minister Irakli Garibashvili, claimed it was modelled on one passed in the USA in 1938. The US law was introduced to check the insidious spread of Nazi propaganda in the run-up to the Second World War, and wasn’t targeted at CSOs.

Read on Inter Press Service
India: Halt judicial harassment of rights groups over foreign funding
CIVICUS, the global civil society alliance, condemns the recent case filed by the Central Bureau of Investigation (CBI) against the Centre for Promotion of Social Concern (CPSC) and its programme unit called People's Watch on allegations of 'conspiracy' and 'illegal foreign funding withdrawal' under the Foreign Contribution (Regulation) Act (FCRA), 1976.
India: Oxfam targeted again with accusations of foreign funding and influencing

CIVICUS, a global civil society alliance, is extremely concerned about the Indian authorities’ latest investigation against Oxfam India for alleged violations of the Foreign Contribution Regulation Act (FCRA). This action continues a worrying trend of law enforcement agencies being systematically used to persecute civil society organisations (CSOs). FCRA regulates the acceptance and use of foreign funding for civil society.

The Central Bureau of Investigation (CBI) registered a First Information Report (FIR) on 19 April 2023, accusing Oxfam of “planning to pressurise” the Indian government for FCRA licence renewal through foreign governments and institutions. Oxfam India is also accused of receiving funds after its FCRA had ceased, continuing to “pay sub grants to various partners” following a 2020 ban, and circumventing an FCRA-designated account between 2013 and 2016 by routing funds. The CBI also carried out searches at its office.

On 6 April 2023, Oxfam India claimed that it was ‘fully compliant with Indian laws and has filed all its statutory compliances, including Foreign Contribution Regulation Act (FCRA) returns, in a timely manner since its inception’.

This is the latest attempt to harass and intimidate the Oxfam staff. In January 2022, the government refused to renew Oxfam India’s FCRA licence. The organization has filed a plea in the Delhi High Court against the decision. In September 2022, the Income Tax Department conducted an invasive “income tax ‘survey’” of Oxfam India, during which staff were not allowed to leave the premises and denied access to communication devices with the internet shut down by the authorities.

“The investigation against Oxfam India is the latest attempt to target an organisation that has worked for more than 70 years in the country to end discrimination and create a free and just society. Hindering it will affect thousands of people who benefit from its services. CIVICUS calls on the authorities to halt the judicial harassment against them and their staff immediately,” said David Kode, Advocacy and Campaigns Lead at CIVICUS.

As a state party to the International Covenant on Civil and Political Rights (ICCPR), India must respect, protect and fulfil the right to freedom of association.

The CIVICUS Monitor has documented how the FCRA of 2010 and its amendments in 2018 and 2020 impose discriminatory restrictions on CSOs access to funding and makes their authorisation procedure difficult to navigate and highly bureaucratic, under the pretext of preventing foreign influence in India. Over the years, it has been invoked against human rights groups to justify an array of highly intrusive measures, ranging from official raids on NGO offices and freezing of bank accounts to suspension or cancellation of registration.

United Nations experts have raised At India’s review at the Human Rights Council in November 2022, several states called for the repeal or amendment of the FCRA to ensure the right to freedom of association.

“As a democracy, India must create a safe and enabling environment for civil society organisations to conduct their work instead of seeking to criminalise NGOs or squeeze their funding. The government must review the draconian FCRA to bring it in compliance with the ICCPR and other international human rights law and standards” added Kode.

Civic space in India is rated as "Repressed" by the CIVICUS Monitor.
New Paper: Regulating Political Activity of Civil Society -- A look at 4 EU countries
A comparative analysis of regulation of civil society organisations’ ‘political activity’ and international funding in Ireland, Netherlands, Germany and Finland. Written by CIVICUS, Irish Council for Civil Liberties, with support from The Community Foundation for Ireland

This paper provides a comparative assessment of how the “political activities” of civil society organisations are regulated in Ireland and three other European Union member states. This paper focuses particularly on organisations, such as human rights organisations, which carry out public advocacy activities and rely on international sources for a substantial portion of their funding.

All four countries are rated as “open” by the CIVICUS Monitor, a global platform which tracks respect for civic space in 196 countries. These four european countries are also well known for their strong promotion of civil society, human rights and democratic freedoms through their foreign policy and international development cooperation on programmes.

Following a brief outline of key international and regional norms, the paper outlines relevant aspects of domestic regulatory systems in Netherlands, Germany and Finland. A final section sets out what Ireland could learn from these examples, with a view to reforming its laws and policies governing “political activities” and foreign funding of civil society organisations.

Download Paper
Nicaragua: lack of engagement with UN mechanisms outlines contempt for human rights obligations
Statement at the 51st Session of the UN Human Rights Council

Interactive Dialogue with the High Commissioner on Nicaragua

Delivered by Nicola Paccamiccio

Thank you Mr President, and thank you Deputy High Commissioner for this report, which outlines Nicaragua’s contempt for its human rights obligations.

Civic space restrictions remain of fundamental concern. Since the elections last year, Nicaragua has experienced a redoubling of repression, with the aim of eliminating any form of autonomous organisation and monopolising power.

The repression has encompassed the widest possible range of violations of the freedoms of association and expression: harassment, threats and physical attacks, kidnapping and detention of human rights defenders, journalists and members of the opposition, their torture under custody, their criminalisation under fabricated charges, their prosecution and conviction without due process guarantees, and their confinement in inhumane conditions.

The process accelerated in May, with a new General Law on the Regulation and Control of Non-profit Organisations which makes it more difficult for CSOs to register and maintain legal status. Anti-money laundering laws have been instrumentalised to obstruct the operation of independent civil society groups.

These new requirements have been applied to justify mass CSO closures which have wiped out hundreds of organisations, including organisations dedicated to urban and municipal development, business and professional associations, children’s rights and youth groups, and environmental and feminist organisations.

We call on the government of Nicaragua to immediately and unconditionally release all political prisoners and to restore full respect for the fundamental civic freedoms of association, peaceful assembly and expression. We ask the High Commissioner: in light of Nicaragua’s complete lack of engagement with Human Rights Council mechanisms, how can States protect civil society inside the country and support them in their efforts to further human rights?

Civic space in Nicaragua is rated "Closed" by the CIVICUS Monitor.

Photo: Jorge Mejía peralta
Nigeria: ‘If passed, the NGO Bill will reduce the ability of CSOs to hold the government accountable and ensure that human rights are respected’
CIVICUS speaks to Oluseyi Babatunde Oyebisi, Director of the Nigeria Network of NGOs (NNNGO) about the draconian NGO bill under consideration by Nigerian lawmakers and the implications that it would have for civil society. Based in Lagos, NNNGO supports Nigerian NGOs in their commitment to reduce poverty, promote human rights and spread the benefits of development among all people. NNNGO provides a range of services and opportunities to help its members achieve their organisational aims and exert influence on issues relevant to the national agenda.
Nigeria: Proposed NGO bill will be a death knell for civil society
Abuja —A proposed bill currently before Nigeria’s lawmakers, which will give the government sweeping powers over non-governmental organisations (NGOs), threatens the existence of Nigerian civil society, if passed into law.

The Nigeria Network of NGOs (NNNGO) and global civil society alliance, CIVICUS, have warned that the bill is clearly intended as a means to undermine the work of NGOs, especially those working to hold the government accountable. The fact that the House of Representatives hastily announced a scheduled public hearing for 13 and 14 December 2017 in the capital, Abuja is indicative of the intention of the authorities to avoid broad participation of civil society organisations from the different parts of Nigeria and ram the bill through the Legislature. Most CSOs are based outside of Abuja, where the public hearing will be held, making it difficult for them to travel to the hearing at short notice.

The Bill for the Establishment of the NGO’s Regulatory Commission for the Supervision, Coordination and Monitoring of NGOs and Civil Society Organisations makes it compulsory for all NGOs operating in Nigeria to register with the government and requires them to include details such has location and duration of proposed activities as well as information on all sources of funding. In addition, the proposed legislation states that NGOs will be required to provide “additional information” as requested by the Board during registration but does not say what this “additional information” would be.

These requirements make the registration process cumbersome and may inhibit the timely registration of some NGOs, making them susceptible to penalties. In addition, making NGO registration compulsory goes against international standards for freedom of association as it prevents informal associations from existing and operating freely because of their lack of formal status.

Said Oyebisi Oluseyi, NNNGO Director: “Civil society organisations in Nigeria provide social services to communities, contribute towards development outcomes and work to ensure that the government adheres to its human rights obligation.” If passed into law, the proposed NGO law will severely restrict the environment in which civil society operates and reverse socio-economic and democratic gains made over the years.”

The Bill provides wide powers to a regulatory agency to refuse to issue a registration certificate if, for example, it deems activities of the NGO to be against national interest. The Agency also has the authority to suspend or cancel a certificate that has been issued. Such broad powers place NGOs — especially those critical of government actions and who speak out against corruption and human rights violations — at the mercy of the authorities who can deregister organisations as a punitive measure for holding the government to account.

The content of the Bill is symptomatic of a growing global trend we now experience among governments to thwart the work of civil society organisations by placing restrictions on them in law and practice and by using the term “foreign agents” to discredit their work.

In addition, the Bill requires that NGOs register every two years and that the names of NGOs that fail to do so are deleted from the national register, forcing such NGOs to cease all their activities. It states that the registration of an organisation will be renewed on condition that the organisation submits its tax clearance certificate and other relevant documentation required by the Board.

The Bill compels NGOs to submit projects to the relevant government Ministry for approval and then registered with the agency’s board before they are implemented. The Bill does not place a limit on the registration fees for NGOs but leaves it to the discretion of the Commission. Individuals who violate provisions of the Bill face up to 18 months in prison or a huge fine and those convicted of such violations are prohibited from holding office in an NGO for a period of ten years.

Said David Kode, Advocacy and Campaigns Lead for CIVICUS: “If passed into law, this draconian bill will place civil society under the thumb of the government and practically take away the independence of NGOs. It might also set a negative precedent in the West African region, aggravating an already hostile environment for civil society.”

CIVICUS and NNNGO call on the Nigerian authorities to adhere to their constitutional and international obligations on freedom of association and expression and withdraw the Bill.

ENDS.

For more information contact:

Oyebisi Oluseyi

Nigeria Network of NGOs

+234 906 948 5207

David Kode

Lead: Campaigns and Advocacy

CIVICUS

+27 11 833 5959
Singapore's Adoption of Universal Periodic Review on Human Rights
Universal Periodic Review on Human Rights -- Outcome Adoption for Singapore

Delivered byCornelius Hanung

Thank you, Madame President.

Singapore has fully accepted just four of the 21 recommendations on civic freedoms during this UPR cycle. It has done so on the basis that ‘the right to freedom of speech, expression and assembly is guaranteed under the Singapore Constitution’ and that ‘a balance must be struck between an individual’s freedom of speech and the need to preserve a harmonious society.’

During its last UPR cycle, Singapore accepted eight recommendations on civic space. None were fully implemented; contrary to its claims of upholding the rights guaranteed in its Constitution, Singapore has persistently failed to address unwarranted restrictions to the freedoms of peaceful assembly and expression.

The government has eroded freedom of peaceful assembly by its continuous deployment of the 2009 Public Order Act, which has been regularly used to harass and investigate activists and critics for organising peaceful gatherings, and even towards solo protests.

The government has also continued to use restrictive laws to criminalise dissent. The 2017 Administration of Justice (Protection) Act, a vaguely-worded contempt of court law, has been used to prosecute human rights defenders for criticism of the courts, under the guise of protecting the judicial system. The authorities have also failed to reform laws restricting media freedom and introduced the 2019 Protection from Online Falsehoods and Manipulation Act to harass the political opposition, activists, journalists and civil society. A Foreign Interference Countermeasures bill recently introduced by the government will potentially narrow civic space even further.

Far from preserving a ‘harmonious society,’ these restrictions serve only to silence legitimate political dissent. We call on Singapore to engage constructively with the UPR process and international human rights mechanisms by implementing the recommendations it has accepted, to ratify the International Covenant on Civil and Political Rights (ICCPR), and to establish a national human rights body, and we call on member states to hold Singapore to account to its commitments.

We thank you.

Civic space in Singapore is rated as Obstructed by the CIVICUS Monitor
States must ensure civil society engagement with the UN and its mechanisms without fear
Statement at the 51st Session of the UN Human Rights Council

Item 5 General Debate

Delivered by Junwoo Yang, CIVICUS

Thank you, Mr President.

We thank the Secretary-General for the important report on reprisals, which concludes that such acts seriously affects civil society actors’ cooperation with and submission of information to the United Nations.

In India, Khurram Parvez, has reportedly been subjected to travel bans, ill-treatment, arbitrary arrest and has been detained since November 2021 on trumped up counter-terrorism charges in relation to his cooperation with the UN over the years. We call for his immediate release and charged dropped.

In the Philippines, CIVICUS member Karapatan, and its Secretary-General Cristina Palabay, are longstanding inclusions on the reprisals report owing to red-tagging, harassment, arbitrary arrests and charges in connection with their engagement with the UN. While the government of the Philippines responded with allegations of false characterisation of government action, we note that the report documents that ‘Ms. Palabay continues to suffer online threats, harassment, and legal action.’

In Indonesia, Papua activist Victor Yeimo has been in detention since May 2021 in connection to his calls for self-determination of the Papuan people, including at the United Nations Human Rights Council.

We call for all States to cease acts of reprisals, including laws regulating NGOs and their access to funding, including foreign funds and donations, and imposing onerous reporting and tax requirements, which placed additional obstacles on the engagement of civil society with the UN, as we have seen in India, Russia, Zimbabwe, and numerous other countries.

We further call for States to ensure a political cost on acts of reprisal, which make the UN less responsive and less effective. It is incumbent on all States – members of this Council in particular – to ensure that civil society can engage with the UN and its mechanisms without fear.

We thank you.
Tanzania: worrying signs for freedom of expression and association
The attempted assassination of outspoken government critic Tundu Lissu on 7 September 2017 is the latest in a series of efforts aimed at constraining freedom of expression and association in Tanzania. Tundu, a member of the political opposition and head of the Tanganyika Law Society was attacked by unidentified assailants near his home in Dodoma and is now recovering in a hospital in neighbouring Kenya. He has been arrested six times this year for openly criticising the government of President John Pombe Magufuli.

Global civil society alliance, CIVICUS condemns this violent attack on Tundu, which follows his string of arrests for his dissenting views as well as steps taken by the Tanzanian government over the past few months, to curtail fundamental human rights and stifle activists and civil society organisations that express views critical of government actions.

At the moment, new applications for the registration of NGOs have been suspended until 30 November 2017 as NGOs currently registered undergo a mandatory “verification process.” The vetting of NGOs began on 21 August 2017 after the Ministry of Health, Community Development, Gender, Elderly and Children published a notice stating that the Registrar of NGOs will examine all NGOs in order to correct and update the database for NGOs.

CIVICUS is concerned by the manner in which the verification process is being carried out as local NGOs were not involved or consulted in the planning of the process. Furthermore, the sheer amount of documentation required of NGOs including the presentation of proof of payment annual fees and receipts since registration is cumbersome and presents an added administrative burden.

Several NGOs may be deregistered if they fail to provide all the information required by the authorities. In addition, the requirement for a letter of recommendation from a Community Development Officer is also problematic, especially for NGOs working on rights and governance and who may have been critical of the human rights practices by the government in the past.

Said Teldah Mawarire, CIVICUS’s Advocacy and Campaigns Coordinator: “This verification process is extremely unfair and raises many questions because any NGO that had not been previously registered cannot go through the vetting exercise and will be outlawed even before the process begins. There is no grace period whatsoever availed by the state to those who have been unable to register in the past.”

The government has also set out five zones where NGOs must travel to for verification. This presents difficulties for NGOs who operate in remote areas and may not be able to afford to pay for this travel and the gathering of documents.

CIVICUS calls on the government of President John Pombe Magufuli to respect the freedoms of association and expression in line with the Tanzanian Constitution and its international human rights obligations.

In July 2017 CIVICUS placed Tanzania on a watch list of countries in which there are growing and worrying threats to civic space. CIVICUS remains concerned over growing restrictions on freedom of expression and association.

Civic space in Tanzania is rated as obstructed on the CIVICUS Monitor.

ENDS

For more information contact:
Teldah Mawarire
Advocacy and Campaigns Coordinator, CIVICUS

Tel: 0027 11 833 5959
Thailand: NGO law would strike ‘severe blow’ to human rights
The Thai authorities’ adoption of a draft law to regulate non-profit groups would strike a severe blow to human rights in Thailand, several international organizations said today. The bill is the latest effort by the Thai government to pass repressive legislation to muzzle civil society groups and non-governmental organizations (NGOs).
Thailand: Withdraw the Draft Act on Not-for-Profit Organisations
Cabinet Ministers of the Royal Thai Government
Government House
1 Phitsanulok Road Dusit
Bangkok, Thailand

Cc: Council of State
All members of the National Assembly of Thailand
National Human Rights Commission of Thailand

Re: The Draft Act on the Operations of Not-for-Profit Organizations B.E…
Uganda: End Repression of civil society

🇺🇬#Uganda: A clampdown on civil society has led to the suspension of 54 NGOs, including orgs that work on:
🔴Human rights
🟡Environment
🔵Religious issues
🟢Democracy
We have written to the @NGObureau calling for their immediate reinstatement https://t.co/V2AJpcXVVT pic.twitter.com/dAg7aTtStw
— CIVICUS (@CIVICUSalliance) August 30, 2021

Joint statement on Uganda’s NGO Bureau suspension of 54 NGOs in the country

Uganda’s NGO Bureau, the country’s regulatory authority for non-governmental organizations (NGOs), should immediately rescind the decision to suspend 54 organizations that they have classified as NGOs, which comes in the context of intensifying intimidation and harassment of civil society organizations. The suspension is intended to restrict the rights to freedom of expression and association and stop the activities of independent civil society organizations that are perceived as critical of the authorities.

On 20 August 2021, the National Bureau for NGOs (NGO Bureau) ordered the immediate suspension of these organizations claiming that they had failed to comply with NGO legislation, including by operating with expired permits, failing to file accounts, or failing to register with the Bureau.

According to the Uganda National NGO Forum, most of the organizations were not informed of the Uganda NGO Bureau’s decision or given an opportunity to respond in advance.

Uganda’s 2016 NGO Act imposes burdensome requirements for application for permits for NGOs with multiple layers of registration with periodic renewal applications, and organisations are required to have memorandums of understanding with the district they operate in. There is also lack of clarity over which organizations fall under this regulatory regime.

The suspension of the organizations is arbitrary, as it goes against Section 33 (2) of the NGO Act, which requires the Bureau to give 30 days’ notice in writing to permit holders to enable them to show cause why the permit should not be revoked. Suspension of independent civil society organizations simply for carrying out their work is an attack on human rights, including the rights to freedom of expression and association. Suspending civil society organizations also exposes those organizations to additional legal risks if they are unable to pay staff or suppliers.

Many of the organizations affected work in critical areas such as legal practices to help poor or marginalized people. Others work on accountability and transparency in the oil sector, and some monitored human rights in the context of the elections. To shut down organizations working so closely with Ugandans abruptly will hurt people who rely on their services or advocacy.

The rights to freedom of expression and association are guaranteed under Articles 9 and 10 of the African Charter on Human and Peoples’ Rights to which Uganda is a state party. Accordingly, the African Commission on Human and Peoples’ Rights issued guidelines on freedom of association and assembly as provided for in the African Charter, that among other things prohibits states from compelling associations to register to be allowed to exist and to operate freely. Further, informal organisations shall not be punished or criminalized under the law or in practice based on their lack of formal status. This decision by the NGO Bureau is a clear demonstration of the repressive nature in which Ugandan authorities have continued to clamp down on civic space and human rights.

The NGO Bureau is mandated to play a regulatory and facilitative role in creating an enabling environment for non-profit organizations in Uganda, but this has not been the case in the recent past.

We acknowledge the positive discussions held between the Minister of Internal Affairs and Civil Society Leaders on 24 August and implore the minister to expeditiously follow through the commitments made to redress the anomalies in the suspension of some of the affected NGOs and establish an Adjudication Committee as required by the law. We further call on authorities in Uganda to ensure that civil society actors involved in promoting fundamental rights can freely exercise their rights consistent with Ugandan Constitution and the country’s international human rights obligations including the International Covenant on Civil and Political Rights and the African Charter on Human and Peoples’ Rights.

Signed off by the following civil society organizations:

1. ActionAid International Africa
2. Advocacy Network for Africa (AdNA)
3. AfricanDefenders (the Pan-African Human Rights Defenders Network)
4. Amnesty International
5. Asylum Seeker, Refugee & Migrant Coalition (ASRM Coalition)
6. Campaign for Good Governance (CGG – Sierra Leone)
7. Campaign for Human Rights and Development International (CHRDI)
8. Center for Advancement of Rights and Democracy (CARD – Ethiopia)
9. Center for Constitutional Governance
10. Center for International Governance, Peace and Justice (CIGPJ – South Sudan)
11. Center for Youth Advocacy and Development (CEYAD)
12. Centre for Democracy and Development (CCD)
13. Change Tanzania
14. Chapter One Foundation Zambia
15. CIVICUS
16. Civil Society Human Rights Advocacy Platform of Liberia
17. Civil Society Reference Group - Kenya
18. Consortium of Ethiopian Human Rights Organizations (CEHRO)
19. Crown The Woman – South Sudan
20. Digital Society of Africa
21. DITSHWANELO - The Botswana Centre for Human Rights
22. Echoes of Women in Africa Initiative (ECOWA – Nigeria)
23. Ethiopian Human Rights Defenders Center (EHRDC)
24. FIDH (International Federation for Human Rights)
25. Foundation for Democratic and Accountable Governance (FODAG – South Sudan)
26. Haki Africa
27. Haki Kenya Organisation
28. Human Rights Defenders Network (HRDN – Sierra Leone)
29. Human Rights Institute of South Africa (HURISA)
30. Independent Human Rights Investigators (IHRI – Liberia)
31. Initiative for Equality and Non-discrimination (INEND)
32. Inuka Kenya Ni Sisi!
33. Institute for Democracy and Leadership – Swaziland
34. Kenya Human Rights Commission (KHRC)
35. Khulumani Support Group
36. Kongamano La Mapinduzi Movement
37. Mozambique Human Rights Defenders Network
38. Network of the Independent Commission for Human Rights in North Africa
39. Nigerian Human Rights Defenders Network
40. Open Society Initiative for Southern Africa (OSISA)
41. Pan African Lawyers Union (PALU)
42. Panos Institute Southern Africa (PSAf)
43. Partnership for Justice (PJ)
44. Protection International Kenya
45. Resource Rights Africa (RRA)
46. South Sudan Human Rights Defenders Network (SSHRDN)
47. Southern African Human Rights Defenders Network (SAHRDN)
48. Tanzania Human Rights Defenders Coalition (THRDC)
49. World March of Women - Kenya
50. Yiaga Africa
51. Youth and Society (YAS - Malawi)
52. Youth Forum for Social Justice
53. Zimbabwe Human Rights NGO Forum
54. Zimbabwe Lawyers for Human Rights (ZLHR)

Civic space in Uganda is rated as repressed by the CIVICUS Monitor.

*Photo credit: Chaper Four Uganda
Worrying legislation to restrict Nigerian civil society sector underway
CIVICUS, the global civil society alliance and the Nigeria Network of NGOs (NNNGO) are deeply concerned about impending legislation to restrict freedom of association in Nigeria.

Nigeria’s National Assembly is currently considering a bill to provide for “the establishment of the Non-Governmental Organisations Regulatory Commission for the Supervision, Coordination and Monitoring of Non-Governmental Organisations, Civil Society Organisations etc. in Nigeria and for related matters.” First introduced in July 2016, the bill has since passed through the second reading in the House of Representatives. The bill has now been referred to the Committee on CSOs and Development Partners for further legislative input.

“The bill is in conflict with Nigeria’s Constitutional and international law obligations,” says Oyebisi Oluseyi, Executive Director of NNNGO. “We must instead strengthen civic space in Nigeria, as our sector’s role in finding solutions to the enormous challenges facing our nation cannot be overemphasized”.

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