28 Feb 2013 - Civil society representative – Ms. Nilmaka Fernando, General Segment – 9th Meeting, 22nd Regular Session Human Rights Council (25th February – 22nd March 2013)
22nd Session of the UN Human Rights Council
High Level Segment: General Segment, Statement of Civil Society Representative
Delivered by: Ms. Nimalka FERNANDO
SHRINKING SPACE for Civil Society IN THE REGION AND GLOBALLY
Madame High Commissioner, Mr. President, distinguished delegates, ladies and gentlemen,
It is my honor to be here today and address you as a representative of civil society. I wish to express my appreciation to colleagues who invited me to this podium. I hope I will fulfill your expectations. My name is Nimalka Fernando, a human rights defender from Sri Lanka. I am also the President of the International Movement Against all Forms of Discrimination and Racism.
Many of Civil Society Organizations and activists in the regions where I come from and work , have always been, raising and responding to the myriad human rights issues and challenges. We work on the ground with and for the victims of human rights violations. We call for the promotion and protection of human rights upholding international standards at all times. My own engagement with the UN system was initiated by none other than the late Neelen Thriuchelvam in the early 80s. The renowned human rights and political leader from Sri Lanka who is no more with us. He sacrificed his life for peace, truth and justice.
The Human Rights Council have the primary task of addressing gross and systematic violations and emergencies of human rights. When the HRC was established it raised high expectations amongst desperate survivors and victims and their families. Given these expectations and critically assessing the reality on the ground and the impact of its interventions, we must acknowledge that there is still a significant gap, between the pledge and practice. Resolution and ground reality, which the Council should and can fulfill. In this context and in order for the Council to more effectively address and prevent human rights violations as well as promptly respond to emergency situations that can occur in different context including: natural disaster; climate change; internal and cross-border armed conflicts; impact of globalization; development-induced displacement; maladministration, and gross abuse of state power and corruption, one of the key questions to be asked is how it can improve and promote its cooperation as well as further enhance and strengthen activism of civil society organisations.
People’s struggles are ongoing at the base; sometimes through community-based organizations; at other times through broader, larger and more visible mobilizations and movements. This activism – which is outside the sphere of government – is sometimes complementary with, and at other times critical of, the political regime. It is often identified with the “non-governmental organisations”, and as “civil society and social – political movements” in the broader political sense.
In the contemporary world, this parallel activism has assumed significance in supporting multilateral efforts, especially those of the United Nations, in promoting and protecting human rights and in campaigning for peace and peaceful resolution to political conflicts whether national or international.
CSOs continue to confront, speak and act out, against grave and serious violations of human rights, threats to democracy and the rule of law; and to campaign consistently on issues of accountability and war crimes in post-war and post-conflict situations. These critical issues we raise are often linked to abuse of power, corruption and violations of rulers and State officials, and non-implementation and or the total disregard of the Constitutions. These are of course not comfortable questions to those in power. Today the topic under consideration the “Shrinking Space of CSOs in the region and globally” therefore is critical for advancing the human rights agenda in this millennium.
Yes our space is shrinking fast, for the same reasons I stated above even within this Council.
I myself and other human rights defenders have been threatened and discredited for cooperating with the Council and other UN human rights bodies. Reprisals against human rights defenders take different forms, it could be direct or indirect. Physical assault to character assasination using government controlled media. Today across Asia – Pacific more and more human rights activists especially from the grassroots and national level have become an “endangered species”. This situation needs particular attention and action from the international community.
Civil Society Organisations that defend and struggle for the democratic rights of the people, find that the freedoms of association, peaceful assembly, opinion and expression, are being denied to them more and more.
Laws and regulations, old and new, are targeting CSOs with the unconcealed purpose of restricting their fields of activism and their independence. Through arbitrary actions, such as, the denial of registration; the refusal of permits for publications; controls or outright bans on receiving foreign funds for advocacy campaigns; surveillance of public activities and communications with local and foreign organizations by security or intelligence agencies; some states seek to suppress non-governmental activism in the areas of human rights, conflict-resolution and democracy promotion.
National security laws or counter-terrorism measures are used to stigmatize or de-legitimize CSOs and human rights defenders as supporters or advocates for armed or illegal movements. The corporatization of the mass media; and increasing controls on the internet and social media, are blocking the access of citizens to the opinions and ideas of CSOs.
Freedom, dignity, and accountability for past wrongs, have to be born out of the struggles of people for self-determination, social justice and peace. These are also the aspirations of the Charter of the United Nations, reflecting the influence of social movements and people’s struggles. The international community – which extends beyond states, to include their democratic institutions and their peoples, transnational civil society and the global media – must not provide cover nor find justification for despotic regimes cloaked in their Constitutions.
Democracy is not about majoritarianism. Holding elections as gimmicks to demonstrate popularity has become the new practice in some countries unwilling to address issues of accountability for gross violations. They try to cover their sins in the cloak of elections and language of sovereignty. States all over the world sing the song of sovereignty to stifle actions of CSOs but unashamedly they allow the plunder of our lands and resources to economic giants in the regions, trampling our rights to self-determination, self -respect and dignity.
If there is respect for democratic principles no country could stifle civil society activism nor curtail media freedom. No country can continue to hold political prisoners nor hold vast regions with the power of there military might stifling community action that seek justice, truth and reparation. In any case, to ensure the highest level of democracy in a society, certain elements must be ensured: respect, tolerance and appreciation of peaceful and legitimate dissent; protection of the rights of nationalities and minorities, upholding equal rights of women, breaking down the barriers of caste, recognising the rights of those with different sexual orientation and rights of vulnerable groups; process of inclusive governance, equitable distribution of wealth and resources of the country. At the same time, these are the values and principles which many CSOs and human rights activists are struggling to uphold at home and through the engagement with international bodies such as this Council.
Civil Society actors are the proverbial canary in a coal-mine; as surely as their autonomy and operation is threatened, so too is the survival of the democratic and human rights of everyone else
