Restrictions de l’accès au financement – The Observatory For Defenders

Restrictions de l’accès au financement – The Observatory For Defenders https://observatoryfordefenders.org/fr/ Fri, 20 Mar 2026 16:11:54 +0000 fr-FR hourly 1 https://wordpress.org/?v=6.9.4 https://observatoryfordefenders.org/wp-content/uploads/2022/06/cropped-OB-eye-orange-32x32.png Restrictions de l’accès au financement – The Observatory For Defenders https://observatoryfordefenders.org/fr/ 32 32 Georgia: Authorities must repeal new amendments on the Law “On Grants” and other repressive legislation criminalising human rights work https://observatoryfordefenders.org/fr/alert/georgia-authorities-must-repeal-new-amendments-on-the-law-on-grants-and-other-repressive-legislation-criminalising-human-rights-work/ Wed, 18 Mar 2026 16:11:33 +0000 https://observatoryfordefenders.org/?post_type=alert&p=24561 Paris-Geneva-Tbilisi, 18 March 2026. On 28 January 2026, the ruling Georgian Dream (GD) party introduced legislative amendments on the Georgian Law “On Grants” before the Georgian Parliament. Thes new amendments were subsequently adopted by Parliament on 4 March, with the aim of effectively dismantling independent civil society organisations by cutting them off from foreign funding, and criminalising their vital work inside Georgia. Just before the new amendments were passed, the Georgian Law “On Grants” adopted in 1996 and amended several times, including most recently in April 2025, already obliged foreign donors to obtain government approval before providing grants to Georgian recipients, and imposed heavy administrative fines for grant recipients receiving funding without prior government authorisation. Under the newly adopted amendments, receiving “unauthorised” grants now constitutes criminal offence, punishable by up to six years of imprisonment. The definition of “foreign grants” has also been significantly expanded, allowing for the arbitrary and politically motivated criminal prosecution of civil society actors. In addition, individuals previously employed by organisations receiving more than 20 percent of their funding from foreign sources within a calendar year are now banned from political party membership for eight years. At the end of January, the GD had announced that this package of amendments was aimed at making it “significantly more difficult” to receive foreign support for activities framed as “political” or influencing public life. The amended legislation also introduces criminal liability for vaguely defined “extremism against the constitutional order” (new Article 360 of the Georgian Criminal Code). This provision seeks to punish the “systematic” “non-recognition of the Georgian Dream government”, including through “systematic and public calls (…) for mass violations of legislation, mass disobedience to state authorities, or the creation of alternative bodies to state authorities”, with fines and up to three years of imprisonment. This provision is designed as a tool to silence and suppress further peaceful protest against the violations carried out by GD, to further restrict the human rights work of civil society organisations, and to dismantle essential democratic safeguards. These legislative developments have prompted strong reactions from the international community. On 12 February 2026, the European Union Ambassador to Georgia Paweł Herczyński met the First Deputy Minister of Foreign Affairs of Georgia, George Zurabashvili, and called on the Georgian authorities to ensure that the proposed amendments comply with Georgia’s commitments under the EU–Georgia Association Agreement, as well as the commitments undertaken by Georgia as a EU membership candidate country. On 29 January 2026, 23 OSCE participating Statesexplicitly cited growing concerns over restrictions on fundamental freedoms and the increasing pressure on independent voices and opposition actors in Georgia, leading to the first ever invocation of the OSCE Moscow Mechanism. The Observatory emphasises that these new restrictions are part of a broader legislative trajectory aimed at systematically restricting the rights to freedom of association, expression and peaceful assembly in Georgia. As documented by the Observatory, over the past two years, the Georgian authorities have adopted and expanded a series of repressive laws that drastically impact the work of civil society organisations, independent media and human rights defenders, including the 2024 Law “On Transparency of Foreign Influence”, currently challenged before the European Court of Human Rights, and the 2025 Foreign Agents Registration Act. In such a climate, the ability of human rights defenders, independent media and civil society actors to work freely and safely is under severe threat. Therefore, the Observatory and the undersigned organisations urge the Georgian authorities to: Repeal the amendments to the Law “On Grants” and all other legislation restricting the legitimate work of human rights defenders and civil society; Ensure that any regulation of civil society financing complies fully with Georgia’s obligations under the European Convention on Human Rights (ECHR) and the International Covenant on Civil and Political Rights (ICCPR), including the rights of freedom of association, freedom of peaceful assembly, and freedom of expression; Put an end to any act of harassment and intimidation of civil society organisations, human rights defenders, and journalists.]]> Paris-Geneva-Tbilisi, 18 March 2026. On 28 January 2026, the ruling Georgian Dream (GD) party introduced legislative amendments on the Georgian Law “On Grants” before the Georgian Parliament. Thes new amendments were subsequently adopted by Parliament on 4 March, with the aim of effectively dismantling independent civil society organisations by cutting them off from foreign funding, and criminalising their vital work inside Georgia. Just before the new amendments were passed, the Georgian Law “On Grants” adopted in 1996 and amended several times, including most recently in April 2025, already obliged foreign donors to obtain government approval before providing grants to Georgian recipients, and imposed heavy administrative fines for grant recipients receiving funding without prior government authorisation. Under the newly adopted amendments, receiving “unauthorised” grants now constitutes criminal offence, punishable by up to six years of imprisonment. The definition of “foreign grants” has also been significantly expanded, allowing for the arbitrary and politically motivated criminal prosecution of civil society actors. In addition, individuals previously employed by organisations receiving more than 20 percent of their funding from foreign sources within a calendar year are now banned from political party membership for eight years. At the end of January, the GD had announced that this package of amendments was aimed at making it “significantly more difficult” to receive foreign support for activities framed as “political” or influencing public life. The amended legislation also introduces criminal liability for vaguely defined “extremism against the constitutional order” (new Article 360 of the Georgian Criminal Code). This provision seeks to punish the “systematic” “non-recognition of the Georgian Dream government”, including through “systematic and public calls (…) for mass violations of legislation, mass disobedience to state authorities, or the creation of alternative bodies to state authorities”, with fines and up to three years of imprisonment. This provision is designed as a tool to silence and suppress further peaceful protest against the violations carried out by GD, to further restrict the human rights work of civil society organisations, and to dismantle essential democratic safeguards. These legislative developments have prompted strong reactions from the international community. On 12 February 2026, the European Union Ambassador to Georgia Paweł Herczyński met the First Deputy Minister of Foreign Affairs of Georgia, George Zurabashvili, and called on the Georgian authorities to ensure that the proposed amendments comply with Georgia’s commitments under the EU–Georgia Association Agreement, as well as the commitments undertaken by Georgia as a EU membership candidate country. On 29 January 2026, 23 OSCE participating Statesexplicitly cited growing concerns over restrictions on fundamental freedoms and the increasing pressure on independent voices and opposition actors in Georgia, leading to the first ever invocation of the OSCE Moscow Mechanism. The Observatory emphasises that these new restrictions are part of a broader legislative trajectory aimed at systematically restricting the rights to freedom of association, expression and peaceful assembly in Georgia. As documented by the Observatory, over the past two years, the Georgian authorities have adopted and expanded a series of repressive laws that drastically impact the work of civil society organisations, independent media and human rights defenders, including the 2024 Law “On Transparency of Foreign Influence”, currently challenged before the European Court of Human Rights, and the 2025 Foreign Agents Registration Act. In such a climate, the ability of human rights defenders, independent media and civil society actors to work freely and safely is under severe threat. Therefore, the Observatory and the undersigned organisations urge the Georgian authorities to: Repeal the amendments to the Law “On Grants” and all other legislation restricting the legitimate work of human rights defenders and civil society; Ensure that any regulation of civil society financing complies fully with Georgia’s obligations under the European Convention on Human Rights (ECHR) and the International Covenant on Civil and Political Rights (ICCPR), including the rights of freedom of association, freedom of peaceful assembly, and freedom of expression; Put an end to any act of harassment and intimidation of civil society organisations, human rights defenders, and journalists.]]> [Rapport] Libertés publiques en danger : alerte sur la répression en France https://observatoryfordefenders.org/fr/alert/rapport-libertes-publiques-en-danger-alerte-sur-la-repression-en-france/ Thu, 25 Sep 2025 12:31:02 +0000 https://observatoryfordefenders.org/?post_type=alert&p=24000

Un nouveau rapport publié ce 25 septembre confirme une dégradation alarmante des libertés publiques en France.

Narratifs hostiles, dissolutions administratives, réduction des financements publics, criminalisation des mobilisations, conduisent à un étouffement de la société civile et mettent en péril la liberté d’association et le droit de manifester.

L’Observatoire pour la protection des défenseur·es des droits humains de la (FIDH-OMCT) et la LDH alertent : la France tourne le dos à ses engagements démocratiques, suivant comme d’autres pays européens, la voie illibérale.

Lire le rapport Paris/Genève, 25 septembre 2025. Un rapport publié aujourd’hui par l’Observatoire pour la protection des défenseur·es des droits humains (un programme conjoint de la FIDH et de l’Organisation mondiale contre la torture – OMCT), avec la Ligue des droits de l’Homme (LDH), dresse un constat sévère : les libertés publiques connaissent une régression profonde et structurelle en France. Narratifs hostiles, dissolutions administratives et répression policière, réductions des financements publics, harcèlement et violences à l’encontre des défenseur·es des droits humains, marquent le rétrécissement de l’espace civique. « La France aime rappeler son rôle historique dans la défense des droits humains ; elle se présente volontiers comme la « patrie des droits de l’Homme » et ne se prive pas de donner des leçons aux autres pays en matière de démocratie et de respect des libertés civiles », rappelle Alice Mogwe, présidente de la FIDH. « Mais aujourd’hui, son propre modèle démocratique est mis à mal par des pratiques qui sortent des fondements de l’État de droit et bafouent les droits fondamentaux. » Un climat de défiance et de stigmatisation Le rapport met en exergue plusieurs cas très concrets. En 2020, le gouvernement a prononcé la dissolution du Collectif contre l’islamophobie (CCIF) en France. Une mesure d’exception utilisée comme instrument politique, validée par le Conseil d’État malgré des critiques circonstanciées. Pour la FIDH, l’OMCT et la LDH, ce cas emblématique illustre la manière dont la lutte contre le terrorisme a été instrumentalisée pour réduire au silence des voix critiques. « La dissolution du CCIF a marqué un tournant, » alerte Nathalie Tehio, présidente de la LDH. « Cet usage dévoyé du droit de dissolution, qui est désormais utilisé en raison des seuls propos tenus par les membres des associations en dehors de l’activité de celles-ci, crée un climat de peur et menace toute la société civile. De plus, l’État ne protège pas assez les associations des attaques virulentes de l’extrême-droite. Par ailleurs, les attaques pour museler toute expression discordante collective ne visent pas seulement les associations, elles sont aussi visibles dans la rue, avec une politique de maintien de l’ordre brutale. » Adoptée dans le prolongement de la dissolution du CCIF, la loi « séparatisme » ajoute des motifs de dissolution des associations et est à l’origine du « contrat d’engagement républicain ». Ce dernier impose aux associations de nouvelles règles de conformité pour l’obtention de financements publics. Cependant, en l’absence de critères précis, ils laissent une large place à l’arbitraire et entretiennent un climat d’autocensure. Le rapport documente aussi la multiplication des campagnes politiques et médiatiques de dénigrement contre les associations. Menaces de retraits de subventions, accusations d’« écoterrorisme », délégitimation de leur action : ces discours stigmatisants, autrefois marginaux, sont désormais systématiques. Ils sont d’autant plus inquiétants qu’ils émanent aussi des plus haut·es représentant·es de l’État, comme lorsque la première ministre de l’époque, Mme Borne, ou son ministre de l’intérieur, M. Darmanin, s’en sont pris directement à la LDH. Pour Gerald Staberock, secrétaire général de l’OMCT, « En période de tensions politiques, le rôle des organisations et des défenseur·e·s des droits humains est crucial. Dans une démocratie, des organisations comme la LDH doivent pouvoir faire entendre leurs alertes et exprimer leurs inquiétudes. Cela comprend le droit de dénoncer des violations présumées, notamment en matière de violences policières. Comme dans le reste de l’Europe, il est essentiel de préserver ce socle fondamental de démocratie et de droits humains. » Répression policière des mobilisations : démocratie en danger Autres mouvements citoyens dans le viseur des autorités : les initiatives écologistes. Les mobilisations contre le chantier de l’autoroute A69 et les méga-bassines ont donné lieu à une répression policière particulièrement violente. Arrestations massives, gardes à vue abusives, surveillance intrusive et usage disproportionné de la force : autant de pratiques contraires aux engagements internationaux de la France. « Les défenseur·es de l’environnement sont criminalisés·es pour avoir exercé un droit fondamental : manifester pacifiquement, » souligne Aïssa Rahmoun, secrétaire général de la FIDH. « La violence et l’impunité policières atteignent un niveau critique, qui met en danger les libertés démocratiques dans leur ensemble en France. » Bien que certains mouvements fassent l’objet d’une répression accrue, celle-ci s’étend désormais à toutes les luttes : du féminisme à la cause des exilé.e.s, en passant par l’anti-racisme et les droits des minorités, c’est l’ensemble de la société civile qui est touchée. La FIDH, l’OMCT et la LDH demandent aux autorités françaises de reconnaître le rôle essentiel des associations et défenseur·euses des droits humains, de garantir le droit de manifester et de rétablir un dialogue sincère avec la société civile. « Ce rapport ne se limite pas à dresser un constat alarmant. Il appelle à un sursaut. La France doit choisir entre rester fidèle à ses principes démocratiques et continuer à glisser vers une logique de remise en cause des droits fondamentaux et de rupture avec l’État de droit qui, à terme, ne peut que la faire sombrer dans l’autoritarisme », conclut Alice Mogwe. Lire le rapport complet en français et en anglais sur le site de la FIDH, en français et en anglais sur le site de l’OMCT.]]>

Un nouveau rapport publié ce 25 septembre confirme une dégradation alarmante des libertés publiques en France.

The governance of CSOs will fall under direct state control, with 5 of 7 board members appointed by the Ministry of Justice, including the chairperson.
The Ministry will have the power to suspend or dissolve organisations deemed a “threat to national security,” without clear definitions or independent judicial oversight.
International and diaspora funding for local CSOs working on political advocacy, voter education, or election observation will be banned, cutting off critical support for democratic engagement.
Administrative sanctions—ranging from suspension to license revocation—can be imposed for vague or minor infractions, including failure to update the authority on office address changes or delays in financial reporting.
CSOs will be required to report all funding within 15 days, obtain pre-approval to open bank accounts, and may have their bank accounts frozen during investigations.
Judicial appeals are eliminated, with the ACSO board serving as the final authority, undermining the right to a fair and independent review process.

These provisions, if enacted, would amount to a de facto criminalisation of independent civil society in Ethiopia. The space for public interest organisations, especially those working on human rights, democracy, and governance, would be further narrowed, and dissenting voices effectively silenced. This proposed legislation comes against the backdrop of a broader and deepening crackdown on civic space in Ethiopia. In 2024 alone, over 1,500 organisations were reportedly shut down for administrative non-compliance, often linked to resource constraints and systemic barriers rather than deliberate wrongdoing. Many of these organisations were small, community-based, and underfunded, already struggling to meet reporting obligations under the previous legal framework. The Observatory strongly condemns this legislative regression and urges the Ethiopian authorities to:

Immediately halt the adoption of the proposed proclamation and engage in inclusive consultations with civil society actors.
Guarantee the independence and freedom of operation of CSOs, in line with Ethiopia’s obligations under its Constitution and international human rights instruments, including the African Charter on Human and Peoples’ Rights and the International Covenant on Civil and Political Rights.
Ensure access to independent judicial review for any punitive measures taken against CSOs.

The Observatory also calls on Ethiopia’s international and regional partners to:

Engage the Ethiopian authorities in urgent diplomatic dialogue to reject the proposed restrictions and support civic space.
Publicly denounce the escalating repression of civil society and advocate for protection mechanisms for human rights defenders.
Provide technical and financial assistance to Ethiopian CSOs working under threat, including flexible funding and emergency support.

The governance of CSOs will fall under direct state control, with 5 of 7 board members appointed by the Ministry of Justice, including the chairperson.
The Ministry will have the power to suspend or dissolve organisations deemed a “threat to national security,” without clear definitions or independent judicial oversight.
International and diaspora funding for local CSOs working on political advocacy, voter education, or election observation will be banned, cutting off critical support for democratic engagement.
Administrative sanctions—ranging from suspension to license revocation—can be imposed for vague or minor infractions, including failure to update the authority on office address changes or delays in financial reporting.
CSOs will be required to report all funding within 15 days, obtain pre-approval to open bank accounts, and may have their bank accounts frozen during investigations.
Judicial appeals are eliminated, with the ACSO board serving as the final authority, undermining the right to a fair and independent review process.

Immediately halt the adoption of the proposed proclamation and engage in inclusive consultations with civil society actors.
Guarantee the independence and freedom of operation of CSOs, in line with Ethiopia’s obligations under its Constitution and international human rights instruments, including the African Charter on Human and Peoples’ Rights and the International Covenant on Civil and Political Rights.
Ensure access to independent judicial review for any punitive measures taken against CSOs.

The Observatory also calls on Ethiopia’s international and regional partners to:

Engage the Ethiopian authorities in urgent diplomatic dialogue to reject the proposed restrictions and support civic space.
Publicly denounce the escalating repression of civil society and advocate for protection mechanisms for human rights defenders.
Provide technical and financial assistance to Ethiopian CSOs working under threat, including flexible funding and emergency support.

Signatories The Observatory for the Protection of Human Rights Defenders (the Observatory) was created in 1997 by FIDH and the World Organisation Against Torture (OMCT). The objective of this programme is to prevent or remedy situations of repression against human rights defenders. FIDH and OMCT are both members of ProtectDefenders.eu, the European Union Human Rights Defenders Mechanism implemented by international civil society.]]> Georgia: Adoption of the new Foreign Agents Registration Act https://observatoryfordefenders.org/fr/alert/georgia-adoption-of-the-new-foreign-agents-registration-act/ Wed, 30 Apr 2025 17:52:21 +0000 https://observatoryfordefenders.org/?post_type=alert&p=23291 At the beginning of the month, Georgian Parliament passed the Foreign Agents Registration Act (FARA) in its third and final reading, in a further attack against civil society organisations and human rights defenders in the country. The Observatory for the Protection of Human Rights Defenders (OMCT-FIDH), the Human Rights Center and Georgian Young Lawyers’ Association (GYLA) call on the authorities in Georgia to revoke this legislation, which is not compatible with the respect of the rights to freedom of association and expression. Paris-Geneva-Tbilisi, 30 April 2025 – On 1 April 2025, the Parliament of Georgia passed the new “Foreign Agents Registration Act" in its third and final reading, and the next day, the President of the country signed it. The law will come into legal force on 1st June 2025, 60 days after being signed by the President. This is a stricter version of the Law on Transparency of Foreign Influence, which was approved less than a year ago and sparked mass protests in the country. Among other things, the new law introduces criminal liability for those who refuse to register as so-called “foreign agents”. The “foreign agents” law has been under discussion in Georgia for two consecutive years. The first attempt to pass it in 2023 failed following large-scale protests. The ruling party, Georgian Dream, pledged not to revisit the legislation. However, in May 2024, despite mass protests, an unprecedented wave of criticism, and a presidential veto, the “Law on Transparency of Foreign Influence” was adopted. This law required organisations receiving more than 20% of their funding from foreign sources to register as “agents of foreign influence”. The new law FARA passed in April extended this requirement to individuals. The definition of such “agents” includes those who engage in political activity in the interest of, under the control of, or with funding from so-called “foreign principals” — foreign organisations, governments, or individuals residing abroad. Violations of the law’s requirements are no longer limited to administrative fines, as it was the case in the two first versions, but may now result in criminal liability, including a fine and imprisonment for a term ranging from six months to five years, and be applied to individuals. The Georgian Dream pretends that the new law is an exact copy of the United States’ (US) 1938 Foreign Agents Registration Act (FARA), created against Nazi propaganda, still in force today. This rhetoric fully mirrors that of the Russian Federation when it adopted its "foreign agents" law in 2012. Like the Russian authorities, the Georgian government omits the essential differences from the US FARA, which rarely applies to organisations that remain independent, even if they receive foreign funding. It took the Russian Federation five years to extend the requirement to register as foreign agents to independent media, and seven years to apply it to individuals. Georgia has completed this path in just one year. Over thirteen years, Russia’s foreign agents legislation has proven to be a perfect tool for the state to suppress civil society, with dozens of non governmental organisations (NGOs) liquidated, and independent media and opposition figures forced into exile. In addition, "foreign agents" in Russia are banned from teaching, publishing books, receiving honoraria, among many other restrictions. As a result, by 2022, Russian civil society was effectively destroyed — largely due to the foreign agents law. Georgia is following the same path — only at an accelerated pace. Once the law comes into force on 1st June 2025, human rights NGOs and independent media will face a stark choice: accept the stigmatising label of "foreign agent," go to prison or into exile, or shut down their work entirely. At the same time, the party Georgian Dream has also recently proposed, and adopted on 16 April 2025, additional restrictive amendments to the Law of Georgia on Grants. According to the changes, organisations will not be able to receive a foreign grant unless they receive the approval of the Government of Georgia or an authorised person or body designated by the Government. To obtain such approval, donors must submit draft agreements to the Government of Georgia or to an authorised body. Receiving a grant without the aforementioned approval is prohibited. The receipt of a prohibited grant will entails legal liability for the recipient, who shall be fined an amount equal to twice the value of the received funds. Amendments to the Broadcasting law were also adopted, prohibiting Georgian media from receiving foreign funding, which is another step towards tightening control over the media and suppressing independent press. The Observatory, the Human Rights Center and GYLA condemn the adoption of such laws, as it is clearly not being passed in the name of transparency, but rather to persecute human rights NGOs and independent media, and to suppress freedom of expression and freedom of association in the country. The Observatory, the Human Rights Center and GYLA call on the Georgian Dream authorities to immediately and unconditionally revoke the Foreign Agents Registration Act, and to respect, protect and promote the rights to freedom of expression and association in the country, in accordance with regional and international human rights standards, particularly Articles 10 and 11 of the European Convention on Human Rights, and Articles 19, and 22 of the International Covenant on Civil and Political Rights, to which Georgia is a state party.]]> At the beginning of the month, Georgian Parliament passed the Foreign Agents Registration Act (FARA) in its third and final reading, in a further attack against civil society organisations and human rights defenders in the country. The Observatory for the Protection of Human Rights Defenders (OMCT-FIDH), the Human Rights Center and Georgian Young Lawyers’ Association (GYLA) call on the authorities in Georgia to revoke this legislation, which is not compatible with the respect of the rights to freedom of association and expression. Paris-Geneva-Tbilisi, 30 April 2025 – On 1 April 2025, the Parliament of Georgia passed the new “Foreign Agents Registration Act" in its third and final reading, and the next day, the President of the country signed it. The law will come into legal force on 1st June 2025, 60 days after being signed by the President. This is a stricter version of the Law on Transparency of Foreign Influence, which was approved less than a year ago and sparked mass protests in the country. Among other things, the new law introduces criminal liability for those who refuse to register as so-called “foreign agents”. The “foreign agents” law has been under discussion in Georgia for two consecutive years. The first attempt to pass it in 2023 failed following large-scale protests. The ruling party, Georgian Dream, pledged not to revisit the legislation. However, in May 2024, despite mass protests, an unprecedented wave of criticism, and a presidential veto, the “Law on Transparency of Foreign Influence” was adopted. This law required organisations receiving more than 20% of their funding from foreign sources to register as “agents of foreign influence”. The new law FARA passed in April extended this requirement to individuals. The definition of such “agents” includes those who engage in political activity in the interest of, under the control of, or with funding from so-called “foreign principals” — foreign organisations, governments, or individuals residing abroad. Violations of the law’s requirements are no longer limited to administrative fines, as it was the case in the two first versions, but may now result in criminal liability, including a fine and imprisonment for a term ranging from six months to five years, and be applied to individuals. The Georgian Dream pretends that the new law is an exact copy of the United States’ (US) 1938 Foreign Agents Registration Act (FARA), created against Nazi propaganda, still in force today. This rhetoric fully mirrors that of the Russian Federation when it adopted its "foreign agents" law in 2012. Like the Russian authorities, the Georgian government omits the essential differences from the US FARA, which rarely applies to organisations that remain independent, even if they receive foreign funding. It took the Russian Federation five years to extend the requirement to register as foreign agents to independent media, and seven years to apply it to individuals. Georgia has completed this path in just one year. Over thirteen years, Russia’s foreign agents legislation has proven to be a perfect tool for the state to suppress civil society, with dozens of non governmental organisations (NGOs) liquidated, and independent media and opposition figures forced into exile. In addition, "foreign agents" in Russia are banned from teaching, publishing books, receiving honoraria, among many other restrictions. As a result, by 2022, Russian civil society was effectively destroyed — largely due to the foreign agents law. Georgia is following the same path — only at an accelerated pace. Once the law comes into force on 1st June 2025, human rights NGOs and independent media will face a stark choice: accept the stigmatising label of "foreign agent," go to prison or into exile, or shut down their work entirely. At the same time, the party Georgian Dream has also recently proposed, and adopted on 16 April 2025, additional restrictive amendments to the Law of Georgia on Grants. According to the changes, organisations will not be able to receive a foreign grant unless they receive the approval of the Government of Georgia or an authorised person or body designated by the Government. To obtain such approval, donors must submit draft agreements to the Government of Georgia or to an authorised body. Receiving a grant without the aforementioned approval is prohibited. The receipt of a prohibited grant will entails legal liability for the recipient, who shall be fined an amount equal to twice the value of the received funds. Amendments to the Broadcasting law were also adopted, prohibiting Georgian media from receiving foreign funding, which is another step towards tightening control over the media and suppressing independent press. The Observatory, the Human Rights Center and GYLA condemn the adoption of such laws, as it is clearly not being passed in the name of transparency, but rather to persecute human rights NGOs and independent media, and to suppress freedom of expression and freedom of association in the country. The Observatory, the Human Rights Center and GYLA call on the Georgian Dream authorities to immediately and unconditionally revoke the Foreign Agents Registration Act, and to respect, protect and promote the rights to freedom of expression and association in the country, in accordance with regional and international human rights standards, particularly Articles 10 and 11 of the European Convention on Human Rights, and Articles 19, and 22 of the International Covenant on Civil and Political Rights, to which Georgia is a state party.]]> Cambodia: Joint call urging World Bank Action on Cambodian civil society reprisals https://observatoryfordefenders.org/fr/alert/cambodia-joint-call-urging-world-bank-action-on-cambodian-civil-society-reprisals/ Mon, 21 Oct 2024 16:23:29 +0000 https://observatoryfordefenders.org/?post_type=alert&p=22508 Position Statement on Retaliation Against Civil Society and Project Stakeholders, to ensure human rights defenders and civil society organizations in the country can continue their work without facing further reprisals. Attack on leading labor watchdog CENTRAL is one of Cambodia’s leading labor rights organisations. On June 28, 2024, the Ministry of Interior requested that the National Audit Authority of Cambodia (NAA) conduct an audit of CENTRAL and a “national security” audit was launched on July 15, 2024. The audit request came just weeks after CENTRAL published a report assessing the effectiveness of Better Factories Cambodia (BFC), a joint program between the International Labor Organization (ILO) and the International Finance Corporation (IFC) of the World Bank aimed at improving working conditions in the garment sector by assessing the compliance of 660 participating factories with international labor standards. CENTRAL’s report found evidence that BFC was failing to identify freedom of association violations in participating factories and made several recommendations to improve BFC’s program, including by making their compliance reports available to workers and providing a grievance mechanism to allow workers to contest its findings. The decision to launch a national security audit was preceded by escalating actions by government-aligned unions, including protests outside CENTRAL’s offices, legal complaints against CENTRAL’s staff, and petitions to the Cambodian government to investigate CENTRAL. The audit, which is clearly a response to CENTRAL’s report on the BFC project, has been roundly condemned by the American Apparel and Footwear Association and the Fair Labor Association (representing the apparel brands that source from Cambodia’s factories), United Nations Special Rapporteurs, and national and international civil society organizations. The ILO and IFC have yet to comment. Attack on leading development watchdog Eang Vuthy, Executive Director of the Cambodian land rights NGO Equitable Cambodia (EC), is facing baseless criminal charges due to his organisation’s advocacy on behalf of communities affected by harmful development projects. At the end of March 2024, Mr. Eang received a summons informing him that he had been charged with Incitement to Commit a Felony or Disturb Social Security—punishable by up to two years in prison—and ordered to appear before an investigating judge at Phnom Penh Capital Court for questioning on 4 April 2024. Since 2012, Equitable Cambodia has played a key role in helping communities seek redress for human rights abuses caused by large-scale development and private investment projects—including several World Bank-backed projects—through strategic advocacy and litigation. As a result, the organization and Mr. Eang has faced years-long attacks and judicial harassment, including a defamation charge against him in August 2016 and a six-month-long suspension of the organization in 2017. The latest criminal complaint against Mr. Eang, filed by the Ministry of Interior, is the most serious attack so far. Moreover, the charges concern Equitable Cambodia’s legitimate activities and day-to-day work supporting communities to file formal complaints to international accountability mechanisms to seek recourse for harms that they have suffered. These include a high-profile complaint regarding predatory lending and human rights violations caused by microfinance institutions backed by the IFC. The IFC’s Ombudsman was conducting its investigation mission on the case in March-April 2024, when Mr. Eang received his court summons notifying him that he had been criminally charged. He has strong reason to believe that the charges are a reprisal for this work. A trial and conviction of Mr. Eang would set a dangerous precedent and would have very serious and far-reaching consequences for civil society in Cambodia. Cambodia’s closing civil society space These attacks are part of a broader crackdown on civil society that must be stopped before the last remaining democratic space in the country is closed. In the years that followed the Paris Peace Agreements in 1991, which ended over two decades of war and horrific atrocities in Cambodia, a vibrant civil society and free press took hold and helped to advance a new era of democracy and human rights in the Southeast Asian nation. This began to change with the adoption of highly restrictive NGO and telecommunications laws in 2015. This was followed by a string of politically motivated prosecutions of opposition party leaders and elected officials, trade unionists and human rights defenders over the past decade, alongside the shutdown of over thirty independent news organizations. Since Hun Manet became Prime Minister last year, this crackdown on critical voices has escalated to target Cambodia’s leading non-partisan human rights organizations. While the Cambodian government has a history of repressing and jailing members of the political opposition, the Ministry of Interior’s attempt to criminalize the otherwise legal day-to-day work of registered human rights NGOs and their leaders represents a new level of repression, that threatens the existence of all remaining independent NGOs in Cambodia that provide critical support to the most vulnerable people in the country. The World Bank Must Speak Out There are numerous international institutions that provide development assistance to Cambodia, and which have a responsibility to intervene in defense of Equitable Cambodia and CENTRAL, but perhaps none more than the World Bank Group. That is because the recent attacks are believed to be in retaliation for the organizations’ work addressing World Bank programs. In 2018, IFC adopted a Position Statement on Retaliation Against Civil Society and Project Stakeholders, where it states that it does not tolerate any action by a client that amounts to retaliation – including threats, intimidation, harassment, or violence – against those who voice their opinion regarding the activities of IFC or its clients. In this statement, the bank notes that “respect for human rights includes the ability of stakeholders to engage freely with IFC and its clients.” In 2021 IFC also published a “Good Practice Note for the Private Sector, Addressing the Risks of Retaliation Against Project Stakeholders”, which outlines the steps that IFC’s clients should take to screen for, prevent and address reprisals. We call upon World Bank President Ajay Banga to make clear to the Cambodian government that the Bank will enforce its policy of zero tolerance for retaliation. This means that, before approving any new investments in Cambodia, the World Bank Group Board should verify that the legal harassment of CENTRAL and Equitable Cambodia has stopped and its staff are able to continue to freely engage in their legitimate human rights activities in support of project-affected communities and workers.]]> Position Statement on Retaliation Against Civil Society and Project Stakeholders, to ensure human rights defenders and civil society organizations in the country can continue their work without facing further reprisals. Attack on leading labor watchdog CENTRAL is one of Cambodia’s leading labor rights organisations. On June 28, 2024, the Ministry of Interior requested that the National Audit Authority of Cambodia (NAA) conduct an audit of CENTRAL and a “national security” audit was launched on July 15, 2024. The audit request came just weeks after CENTRAL published a report assessing the effectiveness of Better Factories Cambodia (BFC), a joint program between the International Labor Organization (ILO) and the International Finance Corporation (IFC) of the World Bank aimed at improving working conditions in the garment sector by assessing the compliance of 660 participating factories with international labor standards. CENTRAL’s report found evidence that BFC was failing to identify freedom of association violations in participating factories and made several recommendations to improve BFC’s program, including by making their compliance reports available to workers and providing a grievance mechanism to allow workers to contest its findings. The decision to launch a national security audit was preceded by escalating actions by government-aligned unions, including protests outside CENTRAL’s offices, legal complaints against CENTRAL’s staff, and petitions to the Cambodian government to investigate CENTRAL. The audit, which is clearly a response to CENTRAL’s report on the BFC project, has been roundly condemned by the American Apparel and Footwear Association and the Fair Labor Association (representing the apparel brands that source from Cambodia’s factories), United Nations Special Rapporteurs, and national and international civil society organizations. The ILO and IFC have yet to comment. Attack on leading development watchdog Eang Vuthy, Executive Director of the Cambodian land rights NGO Equitable Cambodia (EC), is facing baseless criminal charges due to his organisation’s advocacy on behalf of communities affected by harmful development projects. At the end of March 2024, Mr. Eang received a summons informing him that he had been charged with Incitement to Commit a Felony or Disturb Social Security—punishable by up to two years in prison—and ordered to appear before an investigating judge at Phnom Penh Capital Court for questioning on 4 April 2024. Since 2012, Equitable Cambodia has played a key role in helping communities seek redress for human rights abuses caused by large-scale development and private investment projects—including several World Bank-backed projects—through strategic advocacy and litigation. As a result, the organization and Mr. Eang has faced years-long attacks and judicial harassment, including a defamation charge against him in August 2016 and a six-month-long suspension of the organization in 2017. The latest criminal complaint against Mr. Eang, filed by the Ministry of Interior, is the most serious attack so far. Moreover, the charges concern Equitable Cambodia’s legitimate activities and day-to-day work supporting communities to file formal complaints to international accountability mechanisms to seek recourse for harms that they have suffered. These include a high-profile complaint regarding predatory lending and human rights violations caused by microfinance institutions backed by the IFC. The IFC’s Ombudsman was conducting its investigation mission on the case in March-April 2024, when Mr. Eang received his court summons notifying him that he had been criminally charged. He has strong reason to believe that the charges are a reprisal for this work. A trial and conviction of Mr. Eang would set a dangerous precedent and would have very serious and far-reaching consequences for civil society in Cambodia. Cambodia’s closing civil society space These attacks are part of a broader crackdown on civil society that must be stopped before the last remaining democratic space in the country is closed. In the years that followed the Paris Peace Agreements in 1991, which ended over two decades of war and horrific atrocities in Cambodia, a vibrant civil society and free press took hold and helped to advance a new era of democracy and human rights in the Southeast Asian nation. This began to change with the adoption of highly restrictive NGO and telecommunications laws in 2015. This was followed by a string of politically motivated prosecutions of opposition party leaders and elected officials, trade unionists and human rights defenders over the past decade, alongside the shutdown of over thirty independent news organizations. Since Hun Manet became Prime Minister last year, this crackdown on critical voices has escalated to target Cambodia’s leading non-partisan human rights organizations. While the Cambodian government has a history of repressing and jailing members of the political opposition, the Ministry of Interior’s attempt to criminalize the otherwise legal day-to-day work of registered human rights NGOs and their leaders represents a new level of repression, that threatens the existence of all remaining independent NGOs in Cambodia that provide critical support to the most vulnerable people in the country. The World Bank Must Speak Out There are numerous international institutions that provide development assistance to Cambodia, and which have a responsibility to intervene in defense of Equitable Cambodia and CENTRAL, but perhaps none more than the World Bank Group. That is because the recent attacks are believed to be in retaliation for the organizations’ work addressing World Bank programs. In 2018, IFC adopted a Position Statement on Retaliation Against Civil Society and Project Stakeholders, where it states that it does not tolerate any action by a client that amounts to retaliation – including threats, intimidation, harassment, or violence – against those who voice their opinion regarding the activities of IFC or its clients. In this statement, the bank notes that “respect for human rights includes the ability of stakeholders to engage freely with IFC and its clients.” In 2021 IFC also published a “Good Practice Note for the Private Sector, Addressing the Risks of Retaliation Against Project Stakeholders”, which outlines the steps that IFC’s clients should take to screen for, prevent and address reprisals. We call upon World Bank President Ajay Banga to make clear to the Cambodian government that the Bank will enforce its policy of zero tolerance for retaliation. This means that, before approving any new investments in Cambodia, the World Bank Group Board should verify that the legal harassment of CENTRAL and Equitable Cambodia has stopped and its staff are able to continue to freely engage in their legitimate human rights activities in support of project-affected communities and workers.]]> Georgia: Last chance to stop Russian-style crackdown on civil society https://observatoryfordefenders.org/fr/alert/georgia-last-chance-to-stop-russian-style-crackdown-on-civil-society/ Tue, 21 May 2024 16:12:50 +0000 https://observatoryfordefenders.org/?post_type=alert&p=22067 International human rights organisations, civil society groups, and election observers are urging European and national leaders to promptly address the Georgian government’s attempt to crackdown on civil society as the country approaches its General Elections in October. Since April 15th Georgians have been rallying in protest against the proposed “Transparency of Foreign Influence” law, which bears striking resemblance to the Russian so called “Foreign Agent Law”. This law threatens to equip the government with tools to suppress civil society and independent media, derailing Georgia from its democratic path towards EU integration. Urgent and decisive international political support for the Georgian civil society is crucial to defend Georgian democracy from Russian-style authoritarianism. The “Transparency of Foreign Influence” law would require organisations receiving more than 20% of their funding from abroad to register as agents of foreign influence. Failure to comply would subject them to forced registration and investigation by the Ministry of Justice of Georgia. By passing this law before the October 26th elections, the ruling party in Georgia would gain a significant means to greatly restrict citizen oversight of the electoral process, something never seen before to this extent. Russian inspired “Foreign Influence” law is an instrument to crackdown on civil society and independent media Similar legislation on “Foreign Agents” has been introduced in Russia in 2012. Increasingly repressive amendments to the law led to the complete annihilation of independent media and civil society activity in Russia. Independent election watchdog Golos was one of the first declared “foreign agent”. Today, independent citizen election observation in Russia is fully prohibited. In 2022, the European Court of Human Rights ruled that the Russian “Foreign agents” law violated the European Convention on Human Rights. Georgian authorities resort to violence against peaceful protesters On May 2, 2024, Georgian police turned violent against peaceful protestors using tear gas, rubber bullets, water cannons, detaining dozens of people. The unprecedented use of violence by the Georgian authorities to suppress peaceful protests against the law emphasises the critical need for the international community to support the Georgian people. Recommendations 1. EU Heads of States and Governments should acknowledge the urgency of the matter as once the legislation is passed the deterioration of civil society and electoral integrity may accelerate severely. 2. EU should urge Georgian government to investigate recent cases of pressure and harassment against citizen election observers and human rights defenders in the country. 3. EU member states and their representatives in Georgia should show solidarity with the Georgian people who took to the streets in defense of their democratic rights and European future. 4. Along with the Presidents of European Council and Commission as well as the HR/VP, the diplomatic community in Georgia should show presence on the streets of Georgia in solidarity with the Georgian people. In case the Georgian government should adopt the repressive law, we propose following five recommendations to be considered by European institutions: 1. The European Commission should put on hold Georgia’s EU integration process which requires the government in Tbilisi to fulfill the nine steps set out by the European Commission which include ensuring a free, fair and competitive electoral process. 2. The European Commission should follow the European Parliament’s resolution of April 25, 2024 and introduce restrictive measures such as travel ban and asset freeze against Georgian oligarch Bidzina Ivanishvili for his role in the deterioration of the political process in Georgia, as well as sanctions against those responsible for the violent crackdown on peaceful protestors. 3. The European Commission should suspend budget support to Georgia and financing of government-led projects. 4. European Institutions increase financial support and explore alternative ways of supporting Georgian civil society and democratic movements, including through the European Endowment for Democracy. 5. The EU and its Member States should support a large-scale and long-term election observation effort both through international institutions as the OSCE/ODIHR and domestic observers in the run-up to the parliamentary elections in October. Background: In early 2023, the parliamentary majority announced a draft law on “Transparency of Foreign Influence”. The government ultimately dropped the legislation in response to public protest, but have reintroduced a similar version of the bill in April 2024. Despite promises to terminate its plans, the ruling Georgian Dream faction reintroduced the “Transparency of Foreign Influence” bill and adopted it in the first reading on April 17, 2024 with the third and final reading set to take place on May 17, 2024.]]> International human rights organisations, civil society groups, and election observers are urging European and national leaders to promptly address the Georgian government’s attempt to crackdown on civil society as the country approaches its General Elections in October. Since April 15th Georgians have been rallying in protest against the proposed “Transparency of Foreign Influence” law, which bears striking resemblance to the Russian so called “Foreign Agent Law”. This law threatens to equip the government with tools to suppress civil society and independent media, derailing Georgia from its democratic path towards EU integration. Urgent and decisive international political support for the Georgian civil society is crucial to defend Georgian democracy from Russian-style authoritarianism. The “Transparency of Foreign Influence” law would require organisations receiving more than 20% of their funding from abroad to register as agents of foreign influence. Failure to comply would subject them to forced registration and investigation by the Ministry of Justice of Georgia. By passing this law before the October 26th elections, the ruling party in Georgia would gain a significant means to greatly restrict citizen oversight of the electoral process, something never seen before to this extent. Russian inspired “Foreign Influence” law is an instrument to crackdown on civil society and independent media Similar legislation on “Foreign Agents” has been introduced in Russia in 2012. Increasingly repressive amendments to the law led to the complete annihilation of independent media and civil society activity in Russia. Independent election watchdog Golos was one of the first declared “foreign agent”. Today, independent citizen election observation in Russia is fully prohibited. In 2022, the European Court of Human Rights ruled that the Russian “Foreign agents” law violated the European Convention on Human Rights. Georgian authorities resort to violence against peaceful protesters On May 2, 2024, Georgian police turned violent against peaceful protestors using tear gas, rubber bullets, water cannons, detaining dozens of people. The unprecedented use of violence by the Georgian authorities to suppress peaceful protests against the law emphasises the critical need for the international community to support the Georgian people. Recommendations 1. EU Heads of States and Governments should acknowledge the urgency of the matter as once the legislation is passed the deterioration of civil society and electoral integrity may accelerate severely. 2. EU should urge Georgian government to investigate recent cases of pressure and harassment against citizen election observers and human rights defenders in the country. 3. EU member states and their representatives in Georgia should show solidarity with the Georgian people who took to the streets in defense of their democratic rights and European future. 4. Along with the Presidents of European Council and Commission as well as the HR/VP, the diplomatic community in Georgia should show presence on the streets of Georgia in solidarity with the Georgian people. In case the Georgian government should adopt the repressive law, we propose following five recommendations to be considered by European institutions: 1. The European Commission should put on hold Georgia’s EU integration process which requires the government in Tbilisi to fulfill the nine steps set out by the European Commission which include ensuring a free, fair and competitive electoral process. 2. The European Commission should follow the European Parliament’s resolution of April 25, 2024 and introduce restrictive measures such as travel ban and asset freeze against Georgian oligarch Bidzina Ivanishvili for his role in the deterioration of the political process in Georgia, as well as sanctions against those responsible for the violent crackdown on peaceful protestors. 3. The European Commission should suspend budget support to Georgia and financing of government-led projects. 4. European Institutions increase financial support and explore alternative ways of supporting Georgian civil society and democratic movements, including through the European Endowment for Democracy. 5. The EU and its Member States should support a large-scale and long-term election observation effort both through international institutions as the OSCE/ODIHR and domestic observers in the run-up to the parliamentary elections in October. Background: In early 2023, the parliamentary majority announced a draft law on “Transparency of Foreign Influence”. The government ultimately dropped the legislation in response to public protest, but have reintroduced a similar version of the bill in April 2024. Despite promises to terminate its plans, the ruling Georgian Dream faction reintroduced the “Transparency of Foreign Influence” bill and adopted it in the first reading on April 17, 2024 with the third and final reading set to take place on May 17, 2024.]]> Georgia: Parliament must drop the legislation on “transparency of foreign influence” https://observatoryfordefenders.org/fr/alert/georgia-parliament-must-drop-the-legislation-on-transparency-of-foreign-influence/ Tue, 07 May 2024 20:21:36 +0000 https://observatoryfordefenders.org/?post_type=alert&p=22044 Paris-Geneva-Tbilisi, May 7, 2024 – Georgian authorities’ attempt to reintroduce the draft Law on Transparency of Foreign Influence is an attack against civil society and independent media. The Observatory for the Protection of Human Rights Defenders (OMCT-FIDH) and the Human Rights Center call on the Parliament of Georgia to reject the adoption of this legislation, which is not compatible with the respect of the rights to freedom of association and expression. On May 1, 2024, the Georgian Parliament adopted the Law on Transparency of Foreign Influence in its second reading, with 83 votes in favour and 23 against, after having adopted it in its first reading on April 17, 2024. This legislation, inspired by the Russian “Foreign Agents Law” had already been put forward in February 2023 by the People’s Power group. At the time, the draft law was adopted by the Parliament in its first reading, before being eventually withdrawn following massive protests and criticism from the international community. To be enacted into law, the draft must be adopted by the Parliament in a third and final reading scheduled for mid-May and must be signed by the President. However, although Georgia’s President Salome Zourabichvili announced that she would veto the law, the government could override the presidential veto in a fourth vote. If enacted, this law would impose severe restrictions on civil society organisations and media outlets, requiring those receiving over 20% of their funding from abroad to register and label themselves as “organisations pursuing the interests of a foreign power”. In the original 2023 draft, the label was “agents of foreign influence”. Aside from this change in terminology, the provisions of the legislation remain essentially unchanged. Foreign-funded organisations would be burdened with heavy reporting requirements and subject to approval by the Ministry of Justice, which could lead to arbitrary investigations into the organisations’ documents. Failure to comply with these provisions would also result in sanctions and administrative penalties of up to 25,000 GEL (approximately 8,500 Euros). The law has been firmly opposed by civil society, including through large demonstrations since April 3, 2024, when the Georgian Dream party announced its intention to reintroduce the bill. The European Parliament, in its resolution of April 25, 2024, warned the Georgian authorities about the potential impact of the adoption of the law on the country's accession to the European Union, after it was granted candidate status in December 2023. The demonstrations have been met with widespread police violence against protesters in a context of increasing breaches of the freedom of assembly in Georgia. During the April 16 and 17 protests, the Human Rights Center documented disproportionate and unlawful use of force and special means to disperse the assembly. The situation escalated even further during the protests held on April 30 and May 1st, in parallel to the second reading of the law at the Georgian Parliament, when the Ministry of Internal Affairs officials used water cannons, rubber bullets, pepper spray and tear gas against protesters, as well as unlawful administrative detentions and inhuman treatment during the arrests and in detention facilities. While the restrictive Georgian legislation is criticised for being modelled on the Russian “Foreign Agents Law”, which has been widely used to suppress dissenting voices, the reintroduction of the legislation on “transparency of foreign influence” also coincides with the signature of a law on “foreign representatives” by the president of Kyrgyzstan, which contains similar restrictions. In September 2023, with the adoption of the Law on the Special Register and Transparency of the Work of Non-Profit Organisations, a comparable legislation was introduced in Bosnia and Herzegovina by the National Assembly of Republika Srpska in its first reading. This trend is particularly worrying because the laws on foreign agents reflect government authorities' portrayal of civil society as the internal enemy, with the intention not only of silencing dissenting voices but also of stigmatising and discrediting them. With increased surveillance, harassment and intimidation of human rights defenders and a proliferation of restrictive regulations, Georgia has moved towards a “strategic development of a negative narrative around the exercise of fundamental freedoms for the defence of human rights in the country”, as noted by the Special Rapporteur on the situation of human rights defenders following her visit of the country in November 2023. The Observatory and the Human Rights Center urge the Parliament of Georgia to reject the draft Law on Transparency of Foreign Influence and call on the authorities to respect, protect and promote the rights to freedom of association and expression in the country, in accordance with regional and international human rights standards, particularly Articles 10 and 11 of the European Convention on Human Rights, and Articles 19 and 22 of the International Covenant on Civil and Political Rights, to which Georgia is a state party.]]> Paris-Geneva-Tbilisi, May 7, 2024 – Georgian authorities’ attempt to reintroduce the draft Law on Transparency of Foreign Influence is an attack against civil society and independent media. The Observatory for the Protection of Human Rights Defenders (OMCT-FIDH) and the Human Rights Center call on the Parliament of Georgia to reject the adoption of this legislation, which is not compatible with the respect of the rights to freedom of association and expression. On May 1, 2024, the Georgian Parliament adopted the Law on Transparency of Foreign Influence in its second reading, with 83 votes in favour and 23 against, after having adopted it in its first reading on April 17, 2024. This legislation, inspired by the Russian “Foreign Agents Law” had already been put forward in February 2023 by the People’s Power group. At the time, the draft law was adopted by the Parliament in its first reading, before being eventually withdrawn following massive protests and criticism from the international community. To be enacted into law, the draft must be adopted by the Parliament in a third and final reading scheduled for mid-May and must be signed by the President. However, although Georgia’s President Salome Zourabichvili announced that she would veto the law, the government could override the presidential veto in a fourth vote. If enacted, this law would impose severe restrictions on civil society organisations and media outlets, requiring those receiving over 20% of their funding from abroad to register and label themselves as “organisations pursuing the interests of a foreign power”. In the original 2023 draft, the label was “agents of foreign influence”. Aside from this change in terminology, the provisions of the legislation remain essentially unchanged. Foreign-funded organisations would be burdened with heavy reporting requirements and subject to approval by the Ministry of Justice, which could lead to arbitrary investigations into the organisations’ documents. Failure to comply with these provisions would also result in sanctions and administrative penalties of up to 25,000 GEL (approximately 8,500 Euros). The law has been firmly opposed by civil society, including through large demonstrations since April 3, 2024, when the Georgian Dream party announced its intention to reintroduce the bill. The European Parliament, in its resolution of April 25, 2024, warned the Georgian authorities about the potential impact of the adoption of the law on the country's accession to the European Union, after it was granted candidate status in December 2023. The demonstrations have been met with widespread police violence against protesters in a context of increasing breaches of the freedom of assembly in Georgia. During the April 16 and 17 protests, the Human Rights Center documented disproportionate and unlawful use of force and special means to disperse the assembly. The situation escalated even further during the protests held on April 30 and May 1st, in parallel to the second reading of the law at the Georgian Parliament, when the Ministry of Internal Affairs officials used water cannons, rubber bullets, pepper spray and tear gas against protesters, as well as unlawful administrative detentions and inhuman treatment during the arrests and in detention facilities. While the restrictive Georgian legislation is criticised for being modelled on the Russian “Foreign Agents Law”, which has been widely used to suppress dissenting voices, the reintroduction of the legislation on “transparency of foreign influence” also coincides with the signature of a law on “foreign representatives” by the president of Kyrgyzstan, which contains similar restrictions. In September 2023, with the adoption of the Law on the Special Register and Transparency of the Work of Non-Profit Organisations, a comparable legislation was introduced in Bosnia and Herzegovina by the National Assembly of Republika Srpska in its first reading. This trend is particularly worrying because the laws on foreign agents reflect government authorities' portrayal of civil society as the internal enemy, with the intention not only of silencing dissenting voices but also of stigmatising and discrediting them. With increased surveillance, harassment and intimidation of human rights defenders and a proliferation of restrictive regulations, Georgia has moved towards a “strategic development of a negative narrative around the exercise of fundamental freedoms for the defence of human rights in the country”, as noted by the Special Rapporteur on the situation of human rights defenders following her visit of the country in November 2023. The Observatory and the Human Rights Center urge the Parliament of Georgia to reject the draft Law on Transparency of Foreign Influence and call on the authorities to respect, protect and promote the rights to freedom of association and expression in the country, in accordance with regional and international human rights standards, particularly Articles 10 and 11 of the European Convention on Human Rights, and Articles 19 and 22 of the International Covenant on Civil and Political Rights, to which Georgia is a state party.]]> Kyrgyzstan: Civil society under threat as President Japarov signs repressive “foreign representatives” law https://observatoryfordefenders.org/fr/alert/kyrgyzstan-civil-society-under-threat-as-president-japarov-signs-repressive-foreign-representatives-law/ Fri, 05 Apr 2024 14:53:07 +0000 https://observatoryfordefenders.org/?post_type=alert&p=21949 On April 2, 2024, Kyrgyz President Sadyr Japarov signed the Russia-inspired “foreign representatives” law targeting foreign-funded non-profit and non-governmental organisations (NGOs). The Observatory for the Protection of Human Rights Defenders (FIDH-OMCT), Bir Duino, and the Coalition for Equality strongly condemn the adoption of this stigmatising and repressive legisation, and call on the international community to take all political, diplomatic and economic measures at their disposal to prompt the Kyrgyz authorities to repeal the law. Paris-Geneva, April 5, 2024. Despite grave concerns raised by Kyrgyz and international NGOs, international organisations and States governments, on April 2, 2024, Kyrgyz President Sadyr Japarov signed the “foreign representatives” law, which will enter into force ten days after its official publication. While Japarov declared, in a Facebook post, that “there will be no persecution” of foreign-funded NGOs in Kyrgyzstan, the law stigmatises and tightens control over human right organisations, requiring them to register as "foreign representatives" and to label all their materials as "produced, distributed and (or) sent by a non-commercial organisation performing the functions of a foreign representative". The law also unduly expands the government’s oversight over NGOs receiving foreign funding, subjecting them to heavy reporting requirements, financial monitoring, and unscheduled inspections. If organisations fail to comply with these requirements, their activities can be suspended, and the organisation can be liquidated. On March 14, 2024, the Jogorku Kenesh (Parliament of Kyrgyzstan) adopted the corresponding draft law in its third reading without holding any debate or dicussion. The law mirrors the notorious Russian “foreign agent” legislation first introduced in 2012 and made increasingly repressive through successive amendments, which led to a severe crackdown on human rights defenders in Russia, forcing many of them to cease their activities or to flee the country. With Georgia’s ruling party announcing the re-introduction of a similar draft law, only one day after the adoption of the Kyrgyz “foreign representatives” law, the signatory organisations note with concern that the adoption of “foreign agent” style legislations in Eastern Europe and Central Asia is a highly worrying trend. The Observatory, Bir Duino, and the Coalition for Equality deeply regret the adoption of the new “foreign representatives” law in Kyrgyzstan, and call on the Kyrgyz authorities to guarantee the right to freedom of association, as enshrined in several international human rights documents, including Article 22 of the International Covenant on Civil and Political Rights. This right includes the obligation of States to refrain from adopting legislation or practices that interfere with the right to effectively seek, receive and use domestic, foreign or international financial resources. The signatory organisations urge the international community to take a firm stand in solidarity with Kyrgyz human rights defenders, to urge the Kyrgyz authorities, bilaterally and in multilateral fora, to repeal the “foreign representatives” law, and to guarantee the right to freedom of association in the country, using all available political, diplomatic and economic means at their disposal.]]> On April 2, 2024, Kyrgyz President Sadyr Japarov signed the Russia-inspired “foreign representatives” law targeting foreign-funded non-profit and non-governmental organisations (NGOs). The Observatory for the Protection of Human Rights Defenders (FIDH-OMCT), Bir Duino, and the Coalition for Equality strongly condemn the adoption of this stigmatising and repressive legisation, and call on the international community to take all political, diplomatic and economic measures at their disposal to prompt the Kyrgyz authorities to repeal the law. Paris-Geneva, April 5, 2024. Despite grave concerns raised by Kyrgyz and international NGOs, international organisations and States governments, on April 2, 2024, Kyrgyz President Sadyr Japarov signed the “foreign representatives” law, which will enter into force ten days after its official publication. While Japarov declared, in a Facebook post, that “there will be no persecution” of foreign-funded NGOs in Kyrgyzstan, the law stigmatises and tightens control over human right organisations, requiring them to register as "foreign representatives" and to label all their materials as "produced, distributed and (or) sent by a non-commercial organisation performing the functions of a foreign representative". The law also unduly expands the government’s oversight over NGOs receiving foreign funding, subjecting them to heavy reporting requirements, financial monitoring, and unscheduled inspections. If organisations fail to comply with these requirements, their activities can be suspended, and the organisation can be liquidated. On March 14, 2024, the Jogorku Kenesh (Parliament of Kyrgyzstan) adopted the corresponding draft law in its third reading without holding any debate or dicussion. The law mirrors the notorious Russian “foreign agent” legislation first introduced in 2012 and made increasingly repressive through successive amendments, which led to a severe crackdown on human rights defenders in Russia, forcing many of them to cease their activities or to flee the country. With Georgia’s ruling party announcing the re-introduction of a similar draft law, only one day after the adoption of the Kyrgyz “foreign representatives” law, the signatory organisations note with concern that the adoption of “foreign agent” style legislations in Eastern Europe and Central Asia is a highly worrying trend. The Observatory, Bir Duino, and the Coalition for Equality deeply regret the adoption of the new “foreign representatives” law in Kyrgyzstan, and call on the Kyrgyz authorities to guarantee the right to freedom of association, as enshrined in several international human rights documents, including Article 22 of the International Covenant on Civil and Political Rights. This right includes the obligation of States to refrain from adopting legislation or practices that interfere with the right to effectively seek, receive and use domestic, foreign or international financial resources. The signatory organisations urge the international community to take a firm stand in solidarity with Kyrgyz human rights defenders, to urge the Kyrgyz authorities, bilaterally and in multilateral fora, to repeal the “foreign representatives” law, and to guarantee the right to freedom of association in the country, using all available political, diplomatic and economic means at their disposal.]]> Kyrgyzstan: Withdraw the dangerous “foreign representatives” bill https://observatoryfordefenders.org/fr/alert/kyrgyzstan-withdraw-the-dangerous-foreign-representatives-bill/ Mon, 18 Mar 2024 05:23:20 +0000 https://observatoryfordefenders.org/?post_type=alert&p=21738 Paris-Geneva, March 18, 2024 – The Kyrgyz Parliament adopted the draft law "On Non-Profit Non-Governmental Organisations" in its third parliamentary reading, paving the way for its implementation, which would drastically restrict freedom of association in Kyrgyzstan. The Observatory for the Protection of Human Rights Defenders (FIDH-OMCT), Bir Duino and the Coalition for Equality condemn this dangerous new step towards the curtailing of civic space and urge the President of Kyrgyzstan not to sign the draft law in order to prevent its implementation. On March 14, 2024, the Jogorku Kenesh (Parliament of Kyrgyzstan) adopted the Russia-inspired “foreign representatives” draft law "On non-profit nongovernmental organisations" in two minutes and without holding any debate or discussion during the third and final reading of the law. The draft law was added to the Parliament agenda urgently after the text was approved by the Constitutional Legislation Committee earlier on the same day. Under the Kyrgyz Constitution, the President must sign the draft law within one month, after which it enters into force. The President also has the right to veto or return the bill to the Jogorku Kenesh with his objections. The Observatory, Bir Duino and the Coalition for Equality recall that the law, if ultimately signed by the President, will significantly restrict freedom of association in Kyrgyzstan and stigmatise non-profit and non-governmental organisations (NGOs) that receive foreign funding. In particular, the draft law requires that foreign-funded NGOs which engage in “political activities” register with the Kyrgyz Ministry of Justice as “foreign representatives”, a term that has a clear negative connotation and insinuates that foreign-funded NGOs engage in “treasonous” activities serving “foreign interests”. Likewise, the definition of “political activity” in the draft is very broad and could be easily misused to silence the legitimate work of civil society organisations. The draft law further foresees that all materials prepared by such NGOs must be universally marked with the indication that the material was “produced, distributed and (or) sent by a noncommercial organisation performing the functions of a foreign representative”. Additionally, the draft law expands the government’s supervision over NGOs receiving foreign funding, and introduces significant administrative burdens for such organisations, subjecting them to heavy reporting requirements, financial control, and unscheduled inspections. In addition, the Ministry of Justice may also initiate a determination whether the activities or expenditures of an organisation receiving foreign funding correspond to their statute. If organisations fail to comply with the registration requirements or do not consistently mark their materials with the indication above, their activities may be suspended and the Ministry of Justice may request their liquidation. Later on March 14, 2024, the European Union Delegation as well as the Canadian, French, German, United Kingdom and United States Embassies to Kyrgyzstan expressed concern over the passage of this “foreign representatives bill” by the Parliament of Kyrgyzstan, noting its potential to harm the ultimate beneficiaries of services of NGOs, including the most vulnerable communities with reduced access to food, education and healthcare. The Observatory, Bir Duino and the Coalition for Equality recall that this is not the first attempt by the Kyrgyz authorities to tighten control over NGOs. For instance, between 2013 and 2016, the Jogorku Kenesh attempted to introduce a "foreign representative" clause into the legislation. Each time, public criticism of the bill deterred the authorities from taking such repressive measures. However, amendments to the law adopted in 2021 imposed onerous reporting obligations on NGOs, requiring them to disclose their sources of income and areas of expenditure, effectively limiting freedom of association. The signatory organisations express their utmost concern that this draft law clearly mirrors the notorious Russian "foreign agent" law and over the deleterious effect its implementation will have on civil society, foreign cooperation, and the increasingly shrinking civic space in the region. The Observatory, Bir Duino and the Coalition for Equality strongly urge the President of Kyrgyzstan to refrain from signing the draft law, in order to prevent its actual implementation. The signatory organisations further call on the authorities in Kyrgyzstan to guarantee the right to freedom of association, as enshrined in several international human rights standards, including Article 22 of the International Covenant on Civil and Political Rights, which includes the obligation to refrain from adopting legislation or practices that interfere with the right to effectively seek, receive and use domestic, foreign or international financial resources.]]> Paris-Geneva, March 18, 2024 – The Kyrgyz Parliament adopted the draft law "On Non-Profit Non-Governmental Organisations" in its third parliamentary reading, paving the way for its implementation, which would drastically restrict freedom of association in Kyrgyzstan. The Observatory for the Protection of Human Rights Defenders (FIDH-OMCT), Bir Duino and the Coalition for Equality condemn this dangerous new step towards the curtailing of civic space and urge the President of Kyrgyzstan not to sign the draft law in order to prevent its implementation. On March 14, 2024, the Jogorku Kenesh (Parliament of Kyrgyzstan) adopted the Russia-inspired “foreign representatives” draft law "On non-profit nongovernmental organisations" in two minutes and without holding any debate or discussion during the third and final reading of the law. The draft law was added to the Parliament agenda urgently after the text was approved by the Constitutional Legislation Committee earlier on the same day. Under the Kyrgyz Constitution, the President must sign the draft law within one month, after which it enters into force. The President also has the right to veto or return the bill to the Jogorku Kenesh with his objections. The Observatory, Bir Duino and the Coalition for Equality recall that the law, if ultimately signed by the President, will significantly restrict freedom of association in Kyrgyzstan and stigmatise non-profit and non-governmental organisations (NGOs) that receive foreign funding. In particular, the draft law requires that foreign-funded NGOs which engage in “political activities” register with the Kyrgyz Ministry of Justice as “foreign representatives”, a term that has a clear negative connotation and insinuates that foreign-funded NGOs engage in “treasonous” activities serving “foreign interests”. Likewise, the definition of “political activity” in the draft is very broad and could be easily misused to silence the legitimate work of civil society organisations. The draft law further foresees that all materials prepared by such NGOs must be universally marked with the indication that the material was “produced, distributed and (or) sent by a noncommercial organisation performing the functions of a foreign representative”. Additionally, the draft law expands the government’s supervision over NGOs receiving foreign funding, and introduces significant administrative burdens for such organisations, subjecting them to heavy reporting requirements, financial control, and unscheduled inspections. In addition, the Ministry of Justice may also initiate a determination whether the activities or expenditures of an organisation receiving foreign funding correspond to their statute. If organisations fail to comply with the registration requirements or do not consistently mark their materials with the indication above, their activities may be suspended and the Ministry of Justice may request their liquidation. Later on March 14, 2024, the European Union Delegation as well as the Canadian, French, German, United Kingdom and United States Embassies to Kyrgyzstan expressed concern over the passage of this “foreign representatives bill” by the Parliament of Kyrgyzstan, noting its potential to harm the ultimate beneficiaries of services of NGOs, including the most vulnerable communities with reduced access to food, education and healthcare. The Observatory, Bir Duino and the Coalition for Equality recall that this is not the first attempt by the Kyrgyz authorities to tighten control over NGOs. For instance, between 2013 and 2016, the Jogorku Kenesh attempted to introduce a "foreign representative" clause into the legislation. Each time, public criticism of the bill deterred the authorities from taking such repressive measures. However, amendments to the law adopted in 2021 imposed onerous reporting obligations on NGOs, requiring them to disclose their sources of income and areas of expenditure, effectively limiting freedom of association. The signatory organisations express their utmost concern that this draft law clearly mirrors the notorious Russian "foreign agent" law and over the deleterious effect its implementation will have on civil society, foreign cooperation, and the increasingly shrinking civic space in the region. The Observatory, Bir Duino and the Coalition for Equality strongly urge the President of Kyrgyzstan to refrain from signing the draft law, in order to prevent its actual implementation. The signatory organisations further call on the authorities in Kyrgyzstan to guarantee the right to freedom of association, as enshrined in several international human rights standards, including Article 22 of the International Covenant on Civil and Political Rights, which includes the obligation to refrain from adopting legislation or practices that interfere with the right to effectively seek, receive and use domestic, foreign or international financial resources.]]>