ORAL INTERVENTION -
THE OBSERVATORY
HUMAN RIGHTS COUNCIL
22nd session
Item 3 of the order of the day
Joint
oral intervention by the International Federation for Human Rights (FIDH) and
the World Organisation Against Torture (OMCT),
in the framework of their joint programme,
the Observatory for the Protection of Human Rights Defenders
March 11, 2013
Check against delivery
Mr. President,
FIDH and OMCT, within the framework of the Observatory for the
Protection of Human Rights Defenders, are alarmed by a new setback impeding the
work of human rights defenders. As highlighted in the recently published Annual Report 2013
of the Observatory, NGOs’ access to funding, in particular foreign funding, is
increasingly being hindered by governments around the world. Restrictive laws
combined with unfounded criticism, smear campaigns and judicial harassment
directed against human rights defenders because of the source of their funding
create a hostile environment towards their activities as a way to silence them.
Belarusian law now prohibits any possibility for an NGO to hold a
bank account in an institution based abroad, and criminalises the use of
so-called unauthorised funds. These new provisions were adopted as FIDH
Vice-President and "Viasna" President Ales Bialiatski was sentenced
to 4.5 years' imprisonment after he made use of foreign funds to finance human
rights activities in his country.
In the Russian Federation, NGOs receiving foreign funds now face
criminal liability if they fail to add the mention “foreign agent” on all
official documents. In Ethiopia, regulations on foreign funding
forced NGOs to reduce their activities and dismiss part of their staff or stop
human rights related activities. In India, the Government
continues to use the new Foreign Contributions Regulation Act (FCRA) of 2012
and its Rules of May 2011 to restrict access to foreign funding by national
human rights NGOs. In this context, several NGOs in Tamil Nadu have seen their
bank accounts being temporarily frozen for months on end, on the basis of
unfounded accusation of diverting funds. Some of them even after obtaining
successful orders from the High Court.
We are also extremely concerned with the number of restrictive pieces of
legislation currently under examination, notably in Egypt, Bangladesh,
Bahrain and beyond, which might have further highly negative
consequences on the ability of NGOs to freely make use of foreign funds for
peaceful and legitimate human rights activities. In Egypt, several CSO bills
are currently being tabled. The draft of the Ministry of Insurance and Social
Affairs is among the most restrictive ones, as it aims at significantly
curtailing the operations of foreign organisations in Egypt and at restricting
the ability of NGOs to receive or provide international funding.
Mr. President,
Restrictions to access to funding not only violate universally recognised human
rights standards, notably the Declaration on Human Rights Defenders and the
International Covenant on Civil and Political Rights (ICCPR), but also seriously
impact efforts by civil society to promote and protect human rights and ensure
that the voice of victims of human rights violations is heard. Our
organisations recall in that regard the recommendation by the Special
Rapporteur on the Situation of Human Rights Defenders in her last report to the
General Assembly that “States should refrain from imposing legal restrictions
on potential sources of funding for associations, including foreign sources”.
Last but not least, restrictions on foreign funding also seriously jeopardise
the ability of many NGOs that are not based in Geneva to come and interact with
UN experts and mechanisms.
Accordingly, we sincerely hope that the Council will address this issue as a
matter of priority.
I thank you.
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