A Proposal for a UN Freedom of Information Act Never Got Off the Ground

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Credit: UNESCO Attribution 3.0 IGO
 
Celebrated every 3rd of May, this year’s theme for World Press Freedom Day will be “Shaping a Future of Rights: Freedom of Expression as a Driver for all other Human Rights.”  

By Thalif Deen
UNITED NATIONS, May 1 2023 (IPS)

The United Nations has consistently been a vociferous advocate of freedom of the press – and, most importantly, the right of journalists to report without fear of reprisals.

But regrettably, the UN is also one of most opaque institutions where transparency is never the norm.

Journalists, rarely if ever, were able to get any on-the-record comments or reactions from ambassadors, diplomats and senior UN officials because most of them follow the advice given to Brits during war-time censorship in the UK: “Be like Dad, Keep Mum”.

As Winston Churchill once remarked: “Diplomacy is the art of telling people ‘to go to hell’ in such a way that they ask for directions.”

But as a general rule, most ambassadors and diplomats did not tell us either to go to hell or heaven– but avoided all comments on politically-sensitive issues with the standard non-excuse: ”Sorry, we have to get clearance from our capital”.

But that “clearance” from their respective foreign ministries never came. Still, it was hard to beat a response from a tight-lipped Asian diplomat who told me: “No comment” – and as an after-thought, added: “And Don’t Quote Me on That”.

And most senior UN officials, on the other hand, never had even the basic courtesy or etiquette to respond to phone calls or email messages even with an acknowledgment. The lines of communications were mostly dead.

When I complained to the media-savvy Shashi Tharoor, a former UN Under-Secretary-General, head of the one-time Department of Public Information (DPI) and a prolific author, he was explicit in his response when he said that every UN official – “from an Under-Secretary-General to a window-washer”—has the right to express an opinion in his or her area of expertise.

The US Freedom of Information Act (FOIA), which dates back to 1967, has provided the public and mostly the press in the United States the right to request access to records from any federal agency—and has been described as “the law that keeps citizens in the know about their government”.

As a result, some of the newspaper scoops and insider information in the US mainstream media have come following requests from American journalists under the FOIA.

But a longstanding proposal for a FOIA at the United Nations has failed to get off the ground due largely to the inaction by the 193-member General Assembly, the UN’s highest policy making body, resulting in the lack of transparency in the inner workings of the UN and its Secretariat.

So has the proposal for a UN Special Envoy to deal with safety of journalists—dead on arrival (DOA).

Andreas Bummel, Executive Director, Democracy Without Borders, told IPS: the UN is an institution that exercises public authority directly and indirectly with over 30,000 working in the Secretariat (plus the UN system worldwide).

“As such, it needs to be accountable not only to its member states but to citizens and the public at large.

Establishing a proper freedom of information procedure at the UN will be an important tool to enhance this, declared Bummel, co-author of “A World Parliament: Governance and Democracy in the 21st Century.”

Martin S. Edwards, Professor and Chair, School of Diplomacy and International Relations at Seton Hall University in the US, told IPS: “I must admit I don’t know the legal angles here. This having been said, it’s pretty clear to me that the only way forward for the UN in an era of political division is greater transparency”

Greater efforts to “tell your story better” are not enough. You can’t advocate for “effective, accountable, and inclusive” institutions at the national level without it, within the UN system too. Things like access to information are an essential step in that direction, he added.

In the US, federal agencies are required to disclose any information requested under the FOIA unless it falls under one of nine exemptions which protect interests such as personal privacy, national security, and law enforcement.

In Australia, the legislation is known as Right2Know; in Bangladesh, the Right to Information (RTI) provides resources for those seeking to file a request with government agencies; in Japan, the Citizens’ Centre for Information Disclosure offers help to those interested in filing requests; in India, the Right to Information: a Citizen Gateway is the portal for RTI; Canada’s Access to Information Act came into force in 1983 and Kenya’s Access to Information Act was adopted in August 2016, according to the Centre for Law and Democracy (CLD).

And Sweden’s Freedom of the Press Act of 1766 has been described as the “oldest in the world.”

While FOIA covers access to federal government agency records, the Freedom of Information Law (FOIL) guarantees access to state and local government records. All 50 states in the US also have freedom of information laws that govern access to these documents, though the provisions of the state laws vary considerably.

The Paris-based UN Educational, Scientific and Cultural Organization (UNESCO), which is mandated to oversee press freedom, defines Freedom of Information (FOI) as the right to access information held by public bodies.

According to UNESCO, the FOI is an integral part of the fundamental right of freedom of expression, as recognized by Resolution 59 of the UN General Assembly adopted in 1946, as well as by Article 19 of the Universal Declaration of Human Rights (1948), which states that the fundamental right of freedom of expression encompasses the freedom to “to seek, receive and impart information and ideas through any media and regardless of frontiers”.

FOI has also been enshrined as a “freedom of expression” in other major international instruments, including the International Covenant on Civil and Political Rights (1966) and the American Convention on Human Rights (1969).

In an interview with IPS back in 2017, Samir Sanbar, a former UN Assistant Secretary-General who headed the one-time Department of Public Information (DPI), said the right to information is an integral part of U.N. principles.

But providing that right—even the basic information available in the public domain– has been stymied both by member states and the UN bureaucracy, he added.

He pointed out that the need to “inform the peoples” is implicitly indicated in the UN Charter.

But implementing it was “a basic issue I had experienced throughout my work, with both certain government officials– including those publicly claiming open channels– and many senior U.N. Secretariat colleagues”.

Those who believed “Information is Power” were very hesitant, to what they perceived was sharing their authority with a wider public, said Sanbar who served under five different UN Secretaries-General.

“It was most evident that when I launched the now uncontested website www.un.org, a number of powerful Under-Secretaries-General (USGs) and Permanent Representatives cautioned me against “telling everyone what was happening” (in the UN system) and refused to authorize any funds.”

“I had to raise a team of DPI volunteers in my office, operating from within the existing budget, to go ahead and eventually offer computers loaned from an outside source, to certain delegations to realize it was more convenient for them to access news releases than having to send one of their staffers daily to the building to collect material from the third floor.“

Eventually, everyone joined in, and the site became one of the ten best official sites worldwide.

“We had a similar difficulty in prodding for International World Press Freedom Day through the General Assembly. It seems that even those with the best of intentions– since delegates represent official governments that view free press with cautious monitoring– are usually weary of opening a potentially vulnerable issue,” said Sanbar, author of the book “Inside the U.N. in a Leaderless World’.

This article contains excerpts from a 2021 book on the United Nations—largely a collection of political anecdotes– titled “No Comment – and Don’t Quote Me on That,” available on Amazon. The link to Amazon via the author’s website follows: https://www.rodericgrigson.com/no-comment-by-thalif-deen/

IPS UN Bureau Report

 


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“Defending Human Rights Is a Crime in Some Countries and a Deadly Activity in Others”

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An activist in Colombia, the deadliest country in the world for human rights defenders in 2022, accounting for 186 killings – or 46% – of the global total registered last year. Credit: Sebastian Barros

By Bibbi Abruzzini and Clarisse Sih, Forus
BRUSSELS, Apr 27 2023 (IPS)

In today’s world, human rights defenders face immense challenges, with threats, attacks, and repression being rampant in many countries. According to the latest report by Front Line Defenders, killings of rights defenders increased in 2022, with a total of 401 deaths across 26 different countries. Despite the adoption of the UN Declaration on Human Rights Defenders 25 years ago, the threats faced by defenders persist globally.

One striking example of the dire situation is in Bolivia, where violations of freedoms of expression, association, peaceful assembly, and the right to defend rights have been recorded by the Observatory of Rights Defenders of UNITAS, with the Permanent Assembly of Human Rights of Bolivia (APDHB) being a longstanding victim of attacks and delegitimization. A total of 725 violations of the freedoms of expression, association and peaceful assembly, democratic institutions and the right to defend rights have been recorded by the Observatory of Rights Defenders.

Gladys Sandova, a human rights and environmental defender in the Tariquía Flora and Fauna National Reserve in Bolivia, reveals how the state often aligns with oil businesses instead of protecting communities. “Tariquía is the lung of Tarija,” Gladys explains, yet this vital source of water for southern Bolivia and home to over 3,000 people, is at risk due to the state-owned Yacimientos Petrolíferos Fiscales Bolivianos (YPFB) seeking to revive oil exploration in the reserve.

“Oil companies are here, we are going to lose our natural richness, they are going to affect the lives of families, and contaminate our water and our air,” says Gladys, reflecting the urgent need to defend human rights and the environment.

Her story is similar to that of several other human rights defenders across the globe : they are victims of hostilities, interference, threats, and harassment. The campaign, ReImagina La Defensa de Derechos, by UNITAS collects the testimonies of human rights defenders and indigenous leaders across Bolivia raising awareness about the challenges they face.

Stories from human rights defenders from across the globe are also featured in the #AlternativeNarratives campaign, which seeks to amplify the voices of civil society organizations and grassroots movements that work towards social justice, human rights, and sustainable development. The campaign encourages the use of storytelling, multimedia tools, and creative expression to highlight alternative perspectives, challenge stereotypes, and advocate for positive chang while fostering a more inclusive and equitable narrative space that reflects the diversity of human experiences and promotes solidarity, empathy, and mutual understanding.

Human rights defenders, including women defenders, continue to mobilize against repressive regimes and occupying forces in countries like Afghanistan, the DRC, El Salvador, Iran, Myanmar, Sudan, and Ukraine. Mary Lawlor, UN Special Rapporteur on the situation of human rights defenders, highlights the underreporting of human rights violations against defenders, particularly women, and outlines “disturbing trends” in relation to civic space worldwide.

Repongac, representing over 1,200 NGOs in Central Africa, states that “human rights in Central Africa are no longer guaranteed,” with civil society actors, journalists, and defenders facing repression, prosecution, and arrests. Recent campaigns organized by Repongac in Central Africa and Repaoc in West Africa, supported by Forus and the French Development Agency, brought together diverse stakeholders, including human rights defenders, political parties, parliamentarians, journalists, and security personnel, to initiate a dialogue and protect civic space amnd fundametnal freedoms in the region.

To support activists and defenders globally, the Danish Institute for Human Rights has launched a monitoring tool that assesses whether an enabling environment for human rights defenders exists across five critical areas. Developed in collaboration with 24 institutions and organizations, including the United Nations and civil society networks, the tool not only tracks the number of killings of human rights defenders but also analyzes the presence of appropriate legislation and practices to protect defenders.

As Carol Rask, a representative of the Danish Institute for Human Rights, explains, defending human rights is a crime in some countries and a deadly activity in others. It is a call to action for change, urging individuals, organizations, and governments to prioritize and protect the crucial work of human rights defenders worldwide.

Griselda Sillerico, human rights defender in Bolivia for over 30 years, quotes Ana María Romero and says “human rights are seeds that we continue to plant and that over the years we harvest.” Griselda Sillerico’s quote echoes the enduring spirit of human rights advocacy, where the work of human rights defenders like her is a constant effort to sow the seeds of justice, equality, and dignity for all. Despite the challenges and setbacks, human rights defenders across the world continue to plant these seeds, often at great personal risk, with the hope of reaping a future where human rights are universally respected and protected.

IPS UN Bureau

 


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Global Solidarity Needed to Address Taliban’s Attacks on Women’s Rights

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Matiullah Wesa worked with community and tribal leaders in remote areas in Afghanistan to advocate for education and bring learning closer to communities.

By David Kode
JOHANNESBURG, Apr 19 2023 (IPS)

Matiullah Wesa’s crime was to try to ensure young people got an education in Afghanistan. His recent forceful abduction by the Taliban offers the latest stark reminder that global solidarity and coherent action from the international community are needed to prevent the complete loss of the rights of women and girls in Afghanistan.

Matiullah has been at the forefront of advocating for access to education as a co-founder and leader of Pen Path. For more than a decade, Pen Path has worked with community and tribal leaders in remote areas in Afghanistan to advocate for education and bring learning closer to communities. It works to enlighten communities about the importance of education, particularly girl’s and women’s education, organises book donations, runs mobile libraries in remote areas and reopens schools closed by years of conflict and insecurity. Pen Path has reopened over 100 schools, distributed more than 1.5 million items of stationery and provided education facilities for 110,000 children – 66,000 of them girls. This is what Matiullah is being punished for.

The abduction of Matiullah and many others advocating for the rights of education point to a concerted effort by the Taliban to try to restrict women’s and girls’ access to education and silence those advocating for education and an inclusive society.

There are sadly many other instances. In November 2022 around 60 Taliban members stormed a press conference organised to announce the formation of Afghan Women Movement for Equality. They arrested conference participants and deleted all images from their phones.

Immediately after taking power in August 2021, the Taliban instructed women to stay at home and avoid travelling. In December 2022, the Ministry of Higher Education announced it had suspended university education for women until further notice. Taliban officials argued that female students did not wear proper clothing on campus and announced it was enforcing gender segregation in schools. These decisions have been accompanied by others that force thousands of female workers to stay at home and prevent women and girls entering public spaces such as parks.

In December 2022 the Taliban banned women from working for international and national civil society organisations. This was a move that could only be counter-productive, since women play a vital role in providing essential services that people need. Banning women from working for civil society organisations affects millions in dire need of humanitarian assistance and services to women and children, as well as further increasing unemployment. The Taliban urged organisations to suspend female staff under the pretence that workers did not adhere to the regime’s strict dress code.

Most recently, women have been banned from working for United Nations agencies that are operating in Afghanistan. The United Nations may have to pull out.

It has taken just months for the Taliban to reverse the gains made over the years before their return that saw Afghan women claim visibility in public life and work such roles as broadcasters, doctors and judges.

Women in Afghanistan are fighting but can’t succeed alone

These restrictions on women’s rights should be seen in the context of the closing of civic space and attacks on other fundamental rights. As a result, Afghanistan’s civic space rating was recently downgraded to closed, the worst category, by the CIVICUS Monitor, a research partnership that tracks civic space conditions in 197 countries.

Despite the ongoing restrictions against women, the brave women of Afghanistan refuse to back down. They continue to organise what protests they can against restrictions and women human rights defenders continue to advocate for the rights of all women and girls to access education and participate in decision-making processes.

When women protest against restrictions, they risk harassment, physical and psychological torture and detentions. Some have been forcefully abducted from their homes. In January 2022, Taliban gunmen raided the homes of women human rights defenders Parwana Ibrahimkhel and Tamana Zaryab and abducted them.

No society can reach its real potential without the participation of women. The international community must double its efforts to support women and girls in Afghanistan. States should respond proactively to the United Nations 2023 appeal for Afghanistan. Aid should however be made conditional on guarantees to uphold the fundamental rights of women and girls. The international community should accompany aid with a strategy to build a more inclusive and open society.

Not to do so would be to abandon the likes of Matiullah Wesa, the many others like him penalised for standing up for education and rights, and the women of girls of Afghanistan being forced into silence.

David Kode is the Advocacy and Campaigns Lead at CIVICUS, the global civil society alliance.

 


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CIVICUS Report Exposes a Civil Society Under Attack

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The State of Civil Society report from CIVICUS, the global civil society alliance which was officially launched on March 30, 2023, exposes the gross violations of civic space. Credit CIVICUS

The State of Civil Society report from CIVICUS, the global civil society alliance which was officially launched on March 30, 2023, exposes the gross violations of civic space. Credit CIVICUS

By Joyce Chimbi
NAIROBI, Mar 31 2023 (IPS)

As conflict and crises escalate to create human emergencies that have displaced over 100 million people worldwide, civil society’s vital role of advocating for victims and monitoring human rights cannot be over-emphasised.

The 2022 Nobel Peace Prize award to activists and organisations in Belarus, Russia and Ukraine for working to uphold human rights in the thick of conflict underpins this role.

Yet this has not stopped gross violations of civic space as exposed by the State of Civil Society report from CIVICUS, the global civil society alliance, which was officially launched on March 30, 2023.

“This year’s report is the 12th in its annual published series, and it is a critical look back on 2022. Exploring trends in civil society action, at every level and in every arena, from struggles for democracy, inclusion, and climate justice to demands for global governance reform,” said Ines Pousadela from CIVICUS.

The report particularly highlights the many ways civil society comes under attack, caught in the crossfire and or deliberately targeted. For instance, the Russian award winner, the human rights organisation Memorial, was ordered to close in the run-up to the war. The laureate from Belarus, Ales Bialiatski, received a 10-year jail sentence.

Mandeep Tiwana stressed that the repression of civic voices and actions is far from unique. In Ethiopia, “activists have been detained by the state. In Mali, the ruling military junta has banned activities of CSOs that receive funding from France, hampering humanitarian support to those affected by conflict. In Italy, civil society groups face trial for rescuing migrants at sea.”

Ines Pousadela at the launch of the CIVICUS State of Civil Society Report. Credit: Joyce Chimbi/IPS

Ines Pousadela at the launch of the CIVICUS State of Civil Society Report. Credit: Joyce Chimbi/IPS

Spanning over six chapters titled responding to conflict and crisis, mobilising for economic justice, defending democracy, advancing women’s and LGBTQI+ rights, sounding the alarm on the climate emergency and urging global governance reform, the analysis presented by the report draws from an ongoing analysis initiative, CIVICUS Lens.

On responding to conflict and crisis, Oleksandra Matviichuk from the Center for Civil Liberties in Ukraine spoke about the Russian invasion and the subsequent “unprecedented levels of war crimes against civilians such as torture and rape. And, a lack of accountability despite documented evidence of crimes against civilians.”

Bhavani Fonseka, from the Centre for Policy Alternatives, Sri Lanka, addressed the issue of mobilising for economic justice and how Sri Lanka captured the world’s attention one year ago through protests that start small in neighbourhoods and ultimately led to the President fleeing the country.

Launched in January 2022, CIVICUS Lens is directly informed by the voices of civil society affected by and responding to the major issues and challenges of the day.

Through this lens, a civil society perspective of the world as it stands in early 2023 has emerged: one plagued by conflict and crises, including democratic values and institutions, but in which civil society continues to strive to make a crucial difference in people’s lives.

On defending democracy, Amine Ghali of the Al Kawakibi Democracy Transition Center in Tunisia spoke about the challenge of removing authoritarian regimes, making significant progress in levels of democracy only for the country to regress to authoritarianism.

“It starts with the narrative that democracy is not delivering; let me have all the power so that I can deliver for you. But they do not deliver. All they do is consolidate power. A government with democratic legitimacy demolishing democracy is where we are in Tunisia,” he said.

Erika Venadero from the National Network of Diverse Youth, Mexico, spoke about the country’s journey that started in the 1960s towards egalitarian marriages. Today, same-sex marriages are provided for in the law.

On global governance reforms, Ben Donaldson from UNA-UK spoke about global governance institutional failure and the need to improve what is working and reform what is not, with a special focus on the UN Security Council.

“It is useful to talk about Ukraine and the shortcomings of the UN Security Council. A member of the UN State Council is unable to hold one of its members accountable. There are, therefore, tensions at the heart of the UN. The President of Ukraine and many others ask, what is the UN for if it cannot stop the Ukraine invasion?”

Baraka, a youthful climate activist and sustainability consultant in Uganda, spoke about ongoing efforts to stop a planned major pipeline project which will exacerbate the ongoing climate crisis, affecting lives and livelihoods.

His concerns and actions are in line with the report findings that “civil society continues to be the force sounding the alarm on the triple threat of climate change, pollution and biodiversity loss. Urging action using every tactic available, from street protest and direct action to litigation and advocacy in national and global arenas.”

But in the context of pressures on civic space and huge challenges, the report further finds that “civil society is growing, diversifying and widening its repertoire of tactics.”

Moving forward, the report highlights 10 ideas, including an urgent need for a broad-based campaign to win recognition of civil society’s vital role in conflict and crisis response as well as greater emphasis by civil society and supportive states on protecting freedom of peaceful assembly.

Additionally, the need for civil society to work with supportive states to take forward plans for UN Security Council reform and proposals to open up the UN and other international institutions to much greater public participation and scrutiny.

In all, strengthening and enhancing the membership and reach of transnational civil society networks to enable the rapid deployment of solidarity and support when rights come under attack was also strongly encouraged.

IPS UN Bureau Report

 


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The Need for a Strong Legal Treaty on Business & Human Rights

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The open-ended intergovernmental working group on transnational corporations and other business enterprises with respect to human rights was established in 2014 in response to Human Rights Council resolution 26/9 with a mandate to elaborate an international legally binding instrument to regulate, in international human rights law, the activities of transnational corporations and other business enterprises.

By Simone Galimberti
KATHMANDU, Nepal, Mar 31 2023 (IPS)

The ongoing discussions on an internationally treaty, described as a “legally binding instrument” on business and human rights, remains one of the most neglected issues that should instead command the attention of the public.

Such a legal tool would bind companies to uphold high standards and most importantly, it would entail mandatory guarantees for accessible and inclusive remedy and therefore, clear liabilities for victims of alleged abuses perpetrated by companies.

It all started in 2014 when two nations of the South, Ecuador and South Africa successfully pushed for a resolution at the UN Human Rights Council on the establishment of a so called “international legally binding instrument on transnational corporations and other business enterprises with respect to human rights”.

By reading the title of the resolution you can immediately realize that one of the conundrums being discussed is the overarching scope of such treaty especially in the reference of the nature of the companies being subject to it.

In practice, would only multinational or also national private corporations come under its jurisdiction?

Interestingly, at the Intergovernmental Working Group (IGWG) created to draft the text of the treaty, many developing nations, for example, like Indonesia, were strongly advocating for only multinationals to be included.

This is a position of convenience that would exclude local major operators involved in the plantations business from coming under scrutiny of the treaty.

Other complex issues are centered on the liability especially in relation to instances where a corporation is “only” directly linked to the harm rather than cause.

As explained by Tara Van Ho, a lecturer at the University of Essex School of Law and Human Rights Centre, if “a business is only “directly linked to” the harm, it does not need to provide remedies but can instead use its “leverage” to affect change in its business partners.”

The difference between causing or contributing to harm and instead being only liked to it can be subtle and remain an exclusive debate among scholars, but its repercussions could or could not ensure justice to millions of people victims of corporate abuses.

Another point of attrition is the complex issue of the statutes of limitations and the role of domestic jurisdiction over the future treaty.

With all these challenges, after 8 years of negotiations, the drafting is moving in slow motion amid a general disinterest among state parties, as explained by Elodie Aba for Business & Human Rights Resource Centre

An issue that should capture global attention has instead become a realm of technical discussions among governments, academicians and civil society members without generating mass awareness about it.

The need for a treaty related to abuses of corporations is almost self-evident, considering the gigantic proofs that have been emerging both in the North and South.

Despite nice words and token initiatives, the private sector has been more than often keen to close its eyes before abuses occurring through its direct actions or throughout its supply chains.

Amid weak legislations, especially in developing countries, the hard job of trying to keep companies accountable, until now, has depended on a set of non-binding, voluntary procedures formally known as the Guiding Principles on Business and Human Rights.

The Principles, prepared by late Harvard Professor John G. Ruggie in his capacity as UN Special Representative on Business and Human Rights, proved to be a useful but at the same time inadequate tool.

It has been useful because it was instrumental in raising the issue of human rights within the corporate sector, something that was for too long and till recently, a taboo.

In order to further mainstream it, for example, a UN Working Group on Business and Human Rights has been established as a special procedure within UN Human Rights.

Along the years, this independent group, composed by pro bono academicians, has carried out considerable work to strengthen both the understanding of and the adherence to the Principles.

There is no doubt that there have been attempts at going deeper, especially from the legal point of view on the Principles, especially on their articles related to right to remedy, the thorniest issue.

In this regard, the Accountability and Remedy Project have been providing a whole set of insights through multiple consultations and discussions, a process that still ongoing with the overall purpose of making a stronger cases on “the right to remedy, a core tenet of the international human rights system”.

Yet principles, UN Global Compact, are toothless tool and showed considerable limitations, starting from the most obvious element, the fact that they are not binding.

In the meantime, in 2021 the UN Working Group on Business and Human Rights, on occasion of their 10th anniversary of the Principles, launched road map for the next 10 years.

It is actions, despite their intrinsic limitations due to the nature of the Principles, should be supported but more financial resources are indispensable. Yet finding the financial resources or better the political will to do so remains an issue.

A recommendation from late Prof. Ruggie to create a Voluntary Fund for Business and Human Rights did not go anywhere.

“The Fund would provide a mechanism for supporting projects developed at local and national levels that would increase the capacity of governments to fulfill their obligations in this area as well as strengthen efforts by business enterprises and associations, trade unions, non-governmental organizations and others seeking to advance implementation of the Guiding Principles”.

Even more worrisome is the fact that till now a new Special Representative for Business and Human Rights has not been appointed yet.

Having an authoritative figure, especially a former head of state rather than an academician, could help bring more visibility to the ongoing “behind the curtain” discussions related to the need for a strong Treaty.

Such a political figure could not only command a stronger attention on the issue but also provide “cover” to the delicate work of the UN Working Group on Business and Human Rights, complementing and strengthening its mandate.

Engagement with the education sector, law and business schools, as advocated by a report published by Business and Human Rights Asia, a UNDP Program, can be essential.

Together with a stronger media coverage, students and academicians can help elevate the issue of human rights and its linkages with the private sector.

We could imagine competitions among students at national and international levels on how the principles can be better implemented as a “bridge” tool towards a binding legal mechanism.

Students could also have a major say on the opaque drafting process of this treaty.

At the end of the day, there will be compromises and shortcomings, but with a bigger bottom-up approach, a strong Treaty could become a “global” Escazu’, the first ever binding environment agreement in Latin America and the Caribbean.

UNDP with its Business and Human Rights Asia unit that recently organized in Kathmandu an excellent 4th UN South Asia Forum on Business and Human Rights. But it could also be bolder.

The forum did a great job at giving voice to indigenous people, one of the key stakeholders in the global negotiations for the treaty.

A lot of discussions were rightly held on the impact of issues like climate change and migration and their links with businesses’ attitudes and behaviors towards local populations.

Yet, there was no conversation nor on the treaty nor on the future evolution of the principles. It might certainly be an issue of a limited “mandate” but UNDP could, together with UN Human Rights, be a neutral enabler on a global discussion on the treaty and on how the Principles can further evolve while we wait for such a legal tool.

The Principles should also be better linked with the UN Compact, creating more synergies and coordination between the two.

The fact that nations like France, Germany and the Netherlands have been stepping up with new vigorous legislations in the field of business and human rights is extremely positive.

Equally important is the commitment of the EU to come up with Corporate Sustainability Due Diligence Directive (CSDDD) or the OECD to revise its Guidelines on Responsible Business Conduct but the nations behind these initiatives must commit to the drafting process of the Treaty.

Otherwise, we run the risk that discussions will continue without anyone caring about them. Such an unfortunate situation must truly be “remedied’ with the right smart mix, political will, starting from the Secretary General and a powerful alliance of progressive nations in the both South and North driving the process and involving other peer nations.

Ultimately civil society must also step up beyond their technical and legal recommendations and truly engage the people.

Simone Galimberti is the co-founder of ENGAGE and of the Good Leadership, Good for You & Good for the Society.

Opinions expressed are personal.

IPS UN Bureau

 


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Georgia: Danger Averted, for Now

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Cedit: Daro Sulakauri/Getty Images

By Andrew Firmin
LONDON, Mar 17 2023 (IPS)

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

Russia-style law

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

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

For civil society it was clear the source of inspiration was much more recent and closer to home: Russia’s 2012 law, since extended several times, which allows the state to declare a ‘foreign agent’ any person or organisation it judges to be under foreign influence. The law has been used extensively to stigmatise civil society and independent media. It’s been imitated by other repressive states looking for ways to stifle civil society.

In Georgia, as in Russia, the ‘foreign agent’ terminology is deeply suggestive of espionage and treachery. Any organisation it’s applied to can expect to be instantly viewed with suspicion. This meant the law would stigmatise CSOs and media organisations.

Alarmingly, the proposed law was no isolated event: the government has been ramping up the rhetoric about groups ‘opposing the interests of the country’ and the need to save Georgia from foreign influence.

The initial proposal for the law came from a populist political faction, People’s Power, that split from the ruling party, Georgian Dream, but works in coalition with it. People’s Power has a track record of criticising foreign funding, particularly from the USA, which it claims undermines Georgia’s sovereignty, and has accused CSOs and the main opposition party of being US agents.

CSOs insist they already adhere to high standards of accountability and transparency, making any further regulations unnecessary. They point to the vital role civil society has played over the years in establishing democracy in Georgia, providing essential services the state fails to offer and helping to introduce important human rights protections.

This work necessarily requires financial support, and since there are few resources within Georgia, that means foreign funding, including from the European Union (EU) and other international bodies – sources the government is also happy to receive funding from.

The power of protest

The scale of the reaction took the government by surprise. Many states around the world have enacted repressive civil society laws, and it’s often hard to get the public to take an interest. But the issue cut through because of the larger concerns many people have about Russian influence, heightened by the war on Ukraine.

Russia is an ever-present issue in Georgian politics. The two countries went to war in 2008, and two breakaway parts of Georgia – Abkhazia and South Ossetia – claim autonomy and receive heavy Russian support. Georgian Dream, founded by billionaire business tycoon Bidzina Ivanishvili, has an official policy of pragmatism towards Russia while also cultivating links with the EU – but opponents accuse it and People’s Power of being too close to Russia.

Many see the country’s future as lying within a democratic Europe and fear returning to Russia’s domination. This made the proposed law about a fundamental question of national identity.

That’s why, when parliament started discussing the bill in early March, thousands gathered over several nights, many waving Georgian and EU flags and chanting ‘no to the Russian law’.

When the bill passed its hurried first reading it sparked some violent clashes. Some people threw stones and the police responded disproportionately with teargas, stun grenades, pepper spray and water cannon. But people kept protesting and the government feared the situation could spiral out of its control. So, at least for the time being, it backed down.

What next?

The immediate threat may have passed, but it isn’t game over. The government hasn’t said the law was a bad idea, merely that it failed to explain it properly to the public and withdrew it to reduce confrontation.

Georgia was one of three countries that applied to join the EU following the start of Russia’s invasion of Ukraine. While the other two, Moldova and Ukraine, were quickly granted EU candidate status, Georgia wasn’t.

The EU cited the need for both economic and political reforms. This includes measures to reduce corruption, organised crime and oligarchic influence, improve the protection of human rights and enable civil society to play a stronger role in decision-making processes. In introducing the proposed law, the government took steps further away from the EU and made clear it doesn’t trust civil society.

This raises concerns the bill could return in some revised form, or other restrictions on civil society could be introduced. In numerous countries, the kind of verbal attacks on civil society recently made by the government have led to restrictions.

But Garibashvili should be more attentive to the message of the protests. By taking to the streets, people told the government they’re paying attention and disagree with its current direction – and forced it to back down. Civil society has shown its power, and deserves to be listened to rather than treated with suspicion.

Andrew Firmin is CIVICUS Editor-in-Chief, co-director and writer for CIVICUS Lens and co-author of the State of Civil Society Report.

 


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