ASSESSMENT REPORT FREEDOM OF ASSOCIATION in the euro-mediterranean region A THREATENED CIVIL SOCIETY 2010 2007 2008 2009 Cover Photo: Striking workers of Algerian automotive company SNVI hold a protest to demand better wages in Rouiba, a heavily industrial suburb east of the capital, Algier, January 2010- by AP Copenhagen - December 2010 Euro-Mediterranean Human Rights Network Vestergade 16, 1456 Copenhagen K - Denmark Tel: + 45 32 64 17 00 - Fax: + 45 32 64 17 02 E-mail: [email protected] Website: http://www.euromedrights.org © Copyright 2010 Euro-Mediterranean Human Rights Network Bibliographic Information: Title: Freedom of Association in the Euro-Mediterranean Region. A Threatened Civil Society - Corporate authors: Euro-Mediterranean Human Rights Network (EMHRN) - Publisher: Euro-Mediterranean Human Rights Network (EMHRN) - Date of first publication: October 2010 - Pages: 108 - ISBN: 87-91224-49-7 - Translation into Arabic: Aiman Haddad - Translation into French: Marc and Michel Forand - Individual Authors: Nadine Kreitmeyr, Jeremy McBride, Ubab Murad, Mervat Rishmawi, Nejla Sammakia - Drafting, proofreading, editing and coordination: Thibaut Guillet, Salma Anwar, Anna Jørgensen, Marit Flø Jørgensen, Marc Schade-Poulsen and the EMHRN Working Group on Freedom of Association - Graphic Design: Sarah Raga’ei - Printing: Hellas Grafisk A/S - Cover Photo: AP/ POLFOTO (Associated Press) - Photography by: AFP/Scanpix/Getty Images: [Abdelhak Senna - Fayez Nureldine - Khalil Mazraawi- Joseph Barrak], Afonso Lima, AlHiwar Channel - Anne Paq/Activestill.org, Hossam AlHamalawy, Jeff Bauche, Jill Granberg, Libya Al-Youm, Nikolaj Mortensen, Swiatoslaw Wojtkowiak - Index terms: Freedom of Association / Human Rights / Immigrants / Financing - Geographical terms: Mediterranean Countries/ North Africa/ Middle East This document has been produced with the financial assistance of the European Union. The contents of this document are the sole responsibility of the Euro-Mediterranean Human Rights Network and can under no circumstances be regarded as reflecting the position of the European Union. Executive Summary 3 Introduction 4 Indicators and General recommendations to the European Union Institutions and to the United Nations Bodies 21 COUNTRY CHAPTERS Freedom of Association in 2007-2010 and Recommendations Algeria 27 Egypt 32 Israel 37 Jordan 42 Lebanon 47 Libya 51 Morocco 55 Palestinian Territories 59 Syria 64 Tunisia 69 Turkey 74 The European Union 78 Financing the Associations in the Euro-Mediterranean region 88 The Foreigners’ right to association in the Euro-Mediterranean region 97 Statistics 107 5 close examination of recent developments in the Euro-Mediterranean region reveals that freedom of association has experienced setbacks in the past few years and there has been very little positive A development worth mentioning. Since 2007, some countries have amended their laws on NGOs (Jordan) or have announced changes (Egypt, Syria), while others have recast their legislation in ways that have a direct impact on NGO activities (Israel, Tunisia)1. The trend observed in the past three years is that new restrictions have been put in place in the name of public order, security and the fight against terrorism. These restrictions have led to arbitrary denials of registration for many organisations, in particular those active in the human rights field (Libya, Syria, Tunisia), including in promoting diversity and minorities (Greece, Morocco, Syria, Turkey). The restrictions have also taken the form of ever-growing interference in NGO activities by the authorities, for example by impeding their right to peaceful assembly (Algeria, Israel, Egypt), intervening in the affairs of their boards (Syria, Tunisia) or dissolving organisations on arbitrary grounds (Palestine). These measures contradict both the spirit and the letter of Article 22 of the International Covenant on Civil and Political Rights. These developments have left human rights activists in a deplorable situation, marked by physical and psychological attacks, smear campaigns and restrictions on the freedom of movement of many activists in a number of countries of the Eastern and Southern Mediterranean. Sentences imposed on NGO activists, in some cases by military tribunals, also provide distressing evidence of the trend towards more restrictive policies observed over the past three years. While there are some positive developments (Lebanon, countries of the European Union), concerns still remain in some of those countries. For instance, the fundamental recognition of the right to freedom of association for all without any exception − including, for example, members of sexual minorities − has yet to become a reality in some countries. In light of these and other developments that have taken place in the past three years, both in the legislative domain and with respect to the tight controls imposed by administrative authorities, it is more imperative than ever that the recommendations set forth by the EMHRN in its annual reports be implemented, including those recommendations aimed at the institutions of the European Union in the context of their relations with states of the Eastern and Southern Mediterranean. The freedom of association project of the Euro-Mediterranean Human Rights Network (EMHRN), funded by the European Commission since 2007, monitors the evolving situation of NGOs, in law and in practice, throughout the Euro- Mediterranean region, on a daily basis. This activity, which has already given rise to three annual reports on freedom of association since 20072, continues this year with a fourth report documenting both the developments related to freedom of association that have taken place since the publication of the last report in December 2009, as well as analysing the broad patterns of progress and setbacks that have emerged since the publication of the first report in December 2007. Similarly to the previous reports, this fourth report also includes two thematic chapters encompassing the whole Euro-Mediterranean region. This year, the subjects are the funding of associations and the right of non-nationals to form associations. 1 In the spring of 2010, the Tunisian government adopted a law amending Article 61bis of the Criminal Code, which provides for a lengthy prison sentence for anyone who, directly or indirectly, establishes contacts with agents of a foreign state, institution or organisation with a view to threaten the vital interests and economic security of Tunisia. 2 See the EMHRN website http://en.euromedrights.org/ Introduction ‘In addition this freedom is specifically assured for minoritiesThe wall of Internationalin Articles Peace7 and - 2009 8 of the Framework Convention for the Protection of National Minoritiesby Jeffand, Bauche within the European Union, it is also guaranteed by Article 12 of the Charter of Fundamental Rights of the European Union.’ 7 An examination of the last few years reveals that freedom of association has suffered hugely as the time passes, and there has been very little positive development worth mentioning. Many similarities emerge in countries covered by this report2. However, while there are several inter- governmental mechanisms in place to address human rights concerns and has repeatedly raised concerns over individual cases and situations in general, most violating states have almost completely turned a blind eye to their calls, conclusions and recommendations. The Euro-Mediterranean Human Rights Network (EMHRN) places great importance on monitoring and intervening in cases of violations of freedom of association, because the EMHRN believes that respect of this is a cornerstone to respect for many other human rights. The degree to which freedom of association and the related freedoms of expression and assembly are respected normally constitutes a very good indication to the level of democracy and respect for human rights in any country. This report aims to identify the patterns in relation to the protection and respect of the right to freedom of association in the last three years, illustrated by selected examples, building on the information that was presented in the last three annual reports of the Freedom of Association INTRODUCTION Working Group of EMHRN3, and other documents and reports by the EMHRN and other bodies and organisations including the UN, as well on a series of interviews of activists involved in associations4. This introduction does not aim to be a comprehensive review. Such a task will indeed be impossible. !"!#$ The Special Rapporteur on the situation of human rights defenders explains that freedom of association means the right of the individual “to found an association with like-minded persons or to join an already existing one. At the same time, it also covers the collective right of an existing association to perform activities in pursuit of the common interests of its members. States cannot therefore prohibit or otherwise interfere with the founding of associations or their activities”5. It is clear therefore that freedom of association relates to different stages of the life of an organisation or an association: the ability of the organisation to raise funds to enable it to function without interference, including the freedom of its members from arbitrary interference and threat to their rights; the ability of the organisation to raise funds to enable it function; and freedom from arbitrary dissolution or other such interference of the work of the