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Civil Society facing new Repressive Laws in Egypt
by International Federation for Human Rights
 
5 June 2013
 
Egypt’s draft laws must conform to human rights standards.
 
UN Secretary-General Ban Ki-moon today cited the need for Egypt to ensure that its draft laws conform to international human rights standards and respond to the aspirations of its people, as the country proceeds with its democratic transition.
 
“He stresses the critical importance of the rights to freedom of association and expression to the democratic process in the country and calls for dedicated efforts to secure their full enjoyment,” said a statement issued by the Secretary-General’s spokesperson.
 
Mr. Ban recalled the concerns expressed last month by UN High Commissioner for Human Rights Navi Pillay over the draft law on association, which she felt, if adopted, would impose a series of “draconian restrictions” on civil society organizations, especially those focused on human rights.
 
“It seems that there is a real risk that the current draft will not only make it difficult for civil society to operate freely and effectively, but may also conflict with Egypt’s obligations under international law to uphold the right to freedom of association,” Ms. Pillay had stated.
 
In today’s statement, Mr. Ban said that any new draft law on associations “should conform to international human rights standards, and respond to the aspirations of the people.”
 
In addition, he said the conviction and sentencing of a number of local and foreign employees of international non-governmental organizations is a sign of “an increasingly restrictive environment” for civil society in the country.
 
11 February 2013 (International Federation for Human Rights)
 
Last week, and in the aftermath of mounting political tensions and street violence shaking the country, the Egyptian Ministry of Justice announced a new draft Law on Civil Associations and Foundations and a draft law on demonstrations for consideration and approval by the government.
 
The Euro-Mediterranean Human Rights Network (EMHRN), the International Federation for Human Rights (FIDH) and the World Organisation against Torture (OMCT) are deeply disturbed that such repressive legislation should be taken by the Egyptian authorities in an attempt to muzzle dissenting voices and gag public freedoms in the country.
 
This most disquieting development comes in a context where public authorities have been meeting street protests with excessive use of force entailing tear gas and rubber bullets, leaving over60 dead and dozens of wounded over the past weeks. Widespread criticism from the media and Human Rights organisations alike, have been met with defamation and trials, and legal moves attempting to criminalise such criticism.
 
Our organisations are particularly worried that the Egyptian government aims at institutionalising and legalising repressive practices that have not changed since the Mubarak era.
 
If ratified, the law on demonstrations would blankly criminalise peaceful protest movements, by prohibiting any disturbance “of security or public order, prohibiting the hindrance to citizens’ interests, or the blocking of roads and other means of transport, obstructing traffic, or attacking personal property, or hindering the freedom to work.” It would also result in justifying use of excessive force by security forces in dispersing demonstrations.
 
The bill on associations and foundations, currently tabled for discussion by the Egyptian government, would leave only a dramatically-shrunken space for NGOs and other Civil Society Organisations to operate in Egypt, by virtually “nationalising” civil organisations.
 
This draft law grants indeed broad powers to a “steering committee” composed of representatives from several ministries with heavy presence of the security apparatus.
 
In contravention with the requirement of ‘notification’, it mandates ‘registration’ of all NGOs and foundations. It grants this committee the authority to define the associations’ objectives, interfere in their activities, and authorise or not foreign funding based on the type of activities.
 
International NGOs would not be allowed to settle and activate in Egypt without prior authorisation. Receiving foreign government funding, directly or indirectly, would be flatly prohibited for all CSOs, threatening the means of subsistence of many associations, in particular human rights organisations, who depend on public grants.
 
Finally and worryingly, this draft law provides with “imprisonment for a term of not less than one year” and fines of up to £E 100,000 for a wide range of violations of the law, including “aiding” a foreign CSO “in the exercise of any activity in Egypt” or “field research or opinion polls”… without the approval of the concerned authorities.
 
Our organisations are alarmed that the Egyptian authorities should resort to such authoritarian-like measures instead of opening the gates to genuine dialogue with civil society and all the political forces at play in the country with a view to achieve outcomes conductive of human rights and democracy. Indeed these repressive policies do not help building confidence between government and civil society as needed in order to build a successful dialogue and find a way out from the on-going political crisis.
 
We therefore urge the Egyptian authorities to: Withdraw without delay the above-mentioned drafts and elaborate a new law on civil organisations or adopt the draft proposed by 56 Egyptian organisations, limiting constraints on CSOs operating in the country, in conformity with Egypt’s self-assumed obligations under international law;
 
Engage in a genuine nation-wide dialogue, inclusive of Human Rights organisations and all political forces at play in the country and conductive to the respect of human rights and democracy;
 
Stop the assaults against protesters and showcase real efforts to combat impunity for the crimes committed against protestors and establish a robust institutional framework to ease the country’s transition to democracy.
 
Our organisations also ask that the European Union
 
Fully abides by its declared change of policy with its Southern Mediterranean neighbours after the Arab Spring and urgently translate its commitments regarding democracy, rule of law, respect of human rights and gender equality into concrete actions.
 
Strongly urges the Egyptian authority to withdraw the two up-cited draft laws, and to engage in sincere consultation with civil society to set a legal framework conducive to freedom of association and peaceful assembly conform to international standards
 
Makes clear to the Egyptian government that the EU’s level of political, financial and technical engagement will depend on the level of progress with regard to democratisation, human rights and gender equality; and be based on an objective and accurate assessment of the situation on the ground.
 
* See also - Human rights defenders: http://www.ohchr.org/EN/Issues/SRHRDefenders/Pages/SRHRDefendersIndex.aspx
 
Freedom of opinion and expression: http://www.ohchr.org/EN/Issues/FreedomOpinion/Pages/OpinionIndex.aspx
 
Freedoms of peaceful assembly and association: http://www.ohchr.org/EN/Issues/AssemblyAssociation/Pages/SRFreedomAssemblyAssociationIndex.aspx


 


Brazilian indians go online to demand their rights are protected
by Rafael Spuldar
Index on Censorship
 
Brazil’s indigenous peoples are increasingly using the internet to fight for their rights, says Rafael Spuldar.
 
Despite their poor economic and living conditions, Brazil’s indigenous peoples are increasingly using the internet to make their struggle for rights known to the world.
 
Historically, native Brazilians have been deprived of proper citizenship, first by slavery and the loss of their homeland in the 16th century and, after that, by prejudice, impoverishment, the loss of cultural traces and the disappearance of entire populations. But, the emergence of the internet has allowed Brazilian Indians access to a new era of free speech and civil activity.
 
One example of their fight to be heard is the campaign against the Draft Constitutional Amendment #215, currently being debated in the Chamber of Deputies. If the amendment passes, it would remove the Federal Government’s power to delimit indigenous lands and pass it to Congress.
 
Indigenous leaders fear this would strengthen landowners’ powers, who already have a strong lobbying position in Congress and would likely do their best to inhibit the creation of new reservations.
 
An online petition against the amendment has gathered more than 27,000 signatures.
 
Their cause also attracted huge support through social media late last year. Facebook users showed support to the Guarani and Kaiowá peoples by adding “Guarani-Kaiowá” to their profile name. The 45,000-strong group perpetually struggle to protect their ancestral province from land-grabbing farmers in the state of Mato Grosso do Sul.
 
In January 2013, however, Facebook ordered the additional names be removed, reminding users that they were forbidden from adopting fake names on their accounts.
 
Considered to be one of the main platforms for indigenous discussion, the Índios Online website is maintained by indian peoples from the states of Alagoas, Bahia, Roraima and Pernambuco.
 
Supported by the Ministry of Culture and Thydewá, an organisation protecting the rights of indigenous peoples, Índios Online allows “offline” Native Brazilians from all over the country to voice their needs and interact with other users.
 
According to the president of Thydewá, Sebastián Gerlic, those who feel their interests have been threatened by the website often approach the Justice system to censor its content — particularly regarding videos produced and uploaded by the indians.
 
Ingigenous Brazilian Potyra Tê Tupinambá ended up in court for her film documenting land reposession in an indigenous reservation in the northeastern state of Bahia. The ongoing lawsuit was taken out by a land owner interviewed on camera. It was a testimony, according to Gerlic, given spontaneously and with no animosity.
 
“The farmer accused Potyra of transmitting his image on the internet without his permission, and now he looks for reparation,” says the president of Thydewá, who took reponsibility for the director’s legal defence.
 
The internet was also a strong ally in the indigenous peoples’ struggle against the looting of the natural resources on their reservations. In mid-2011, the Ashaninka people used a solar-powered computer to denounce the invasion of their land by Peruvian woodcutters. This information was passed to authorities in federal capital Brasília, who sent a task force formed by the Federal Police and the Brazilian Army to arrest the invaders.
 
The Ashaninkas also addressed chief justice of the Supreme Court Joaquim Barbosa in an online petition, urging the Supreme Court to address the problem of tree cutting in their native territory. They demanded financial reparation for the lumbering activities that could reach 15,000,000 BRL (around 30,000,000 USD).
 
Indians usually access the internet through centres maintained by Funai, Brazil’s National Indian Foundation or in LAN (local area network) houses, schools or in private homes. Funai does not have any digital inclusion programme specifically for the indigenous peoples – this responsibility goes to the Ministry of Culture. Through its programme called “Points of Culture”, the Ministry invested more than 1,300,000 BRL (about £447,000) on installing internet connections inside the Indian communities.
 
Despite public investments, online access has grown far less in indigenous communities than in poorer urban areas. According to a survey led by Rio de Janeiro State’s Secretary of Culture, in partnership with NGO Observatório das Favelas (“Slum Observatory”), 9 out of 10 people living in low-income areas in Rio have internet access.
 
Brazil has a population of 896,917 indigenous people divided in 230 different ethnic groups, according to the last Brazilian Census from 2010. This represents around 0.47 per cent of the country’s population.
 
Amongst this populus, access to employment is a problem. According to the last Census, 83 per cent of adult Brazilian indians earn no more than minimum wage (678 BRL a month, about £233) and 52.9 per cent of them don’t have any income at all.
 
According to the Indigenous Missionary Counsel, an organisation aiding native Brazilian peoples, at least 200 indians have been killed in Brazil in the last decade, mainly because of land disputes.


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