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September Judicial Independence Kenya’S Supreme Court Insisted That the YEAR in REVIEW Presidential Election Be Re-Run

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September Judicial Independence Kenya’S Supreme Court Insisted That the YEAR in REVIEW Presidential Election Be Re-Run YEMEN: After civil society advocacy, the UN set up an independent group to investigate human rights abuses in the Yemen conflict. MEXICO: Civil society was at the forefront of response after two deadly earthquakes struck the county. CARIBBEAN: Civil society was also the first to respond as devastating hurricanes hit the Caribbean. KENYA: In a rare show of september judicial independence Kenya’s Supreme Court insisted that the YEAR IN REVIEW presidential election be re-run. SOUTH AFRICA: Civil society scored an important legal victory, winning a court case to make political parties reveal the source of their funds. UGANDA: Amid controversial moves to change the constitution to let President Yoweri Museveni stand again, civil society was targeted in a series of police raids. UNITED NATIONS: The private sector’s prominent role at the UN General Assembly prompted concerns among many in civil society. september YEAR IN REVIEW 2 September saw moves at the international level, welcomed by civil society, to In a long-overdue move, in September it was announced that women in challenge impunity for gross human rights violations. An independent expert Saudi Arabia would be recognised as having the right to drive. This welcome group to investigate human rights abuses in Yemen was finally established change came as part of a series of tentative reforms introduced by Crown by the UN, following years of civil society advocacy. In another step towards Prince Mohammad bin Salman, who assumed de facto power in June and challenging impunity, the UN Commission of Inquiry on Burundi, in its report vowed to reduce his economy’s oil dependency by promoting entertainment, released in September, concluded that there were reasonable grounds to IT and service industries, which implies the need for some social and political believe crimes against humanity had been committed, including extrajudicial reform. However, civil society and human rights activists, including women’s executions, arbitrary arrests and detentions, torture, sexual violence, cruel, rights activists, continued to face severe challenges: executions, the export of inhuman and degrading treatment, and enforced disappearances. Many of repression to Bahrain and Yemen and the denial of the freedom of expression these violations were targeted at civil society activists. Following a UNHRC are among the rights violations documented in this review, and in August, vote to extend the Commission’s mandate, the government of Burundi 11 activists from the Saudi Association for Political and Civil Rights, banned showed its contempt for international rules by dismissing the Commission as since 2013, were given jail terms of 105 years collectively and travel bans of part of an “international conspiracy” against Burundi. The following month, 94 years collectively for their peaceful human rights work. September also the ICC opened its investigation into crimes against humanity in Burundi, brought several arrests of academics, clerics and writers, indicating how with which the government said it would not cooperate. far Saudi Arabia still has to go if its reformed, post-oil vision is to be taken seriously. Kenya’s Supreme Court surprised the world with a display of judicial independence in September when it declared that the country’s presidential In another indication of the challenges women’s rights defenders face, election must be re-run, although Kenya’s political and civic space remained Nepali activist Rajkumari Upadhaya was attacked by a mob, assaulted and fraught and contested. South African civil society scored an accountability accused of being a witch. She works to combat domestic violence and the victory, winning a court case to make political parties reveal the sources of persecution of women as witches. A police officer was alleged to have been their funding. involved in the attack. The annual SPEAK! campaign, convened by CIVICUS, saw four days of global On 16 September, prominent investigative journalistDaphne Caruana Galizia action from 22 to 25 September, demonstrating the hope and power that was murdered by a car bomb in Malta, in an attack said to bear the hallmarks comes when people unite across borders and speak as one. Over 46,000 of a mafia-style assassination. Daphne had worked to expose the corruption people participated in 232 events in 65 countries, while more than 7.5 million of Maltese politicians and officials, and their links to organised crime and people were reached online. Silent protests were staged from Indonesia to dubious business practices, excavating evidence from the Panama Papers Macedonia, the hashtag #TogetherWeSpeak trended from the Netherlands leaks. She had alleged high-level complicity in practices such as the sale of to Uganda, and songs of freedom and resistance rang out from Tunisia to Maltese passports, money laundering and organised criminal involvement in Venezuela. SPEAK! is a global campaign to raise awareness of increasing Malta’s lucrative gambling industry. Prime Minister Joseph Muscat and his attacks on fundamental freedoms, break down barriers of division and build ruling party were frequent targets of Daphne’s work. Daphne’s family began global solidarity. legal action against the Maltese police, on the grounds that the investigation State of Civil Society report 2018 3 was being run by someone she had written critical articles about. In October, renewed crackdown on civil society saw raids on the offices of several CSOs, Civil Society Network – Malta organised a protest in the capital, Valletta, to amid a controversy about moves to change the rules to enable the incumbent call for justice for Daphne. In December, 10 people were arrested on suspicion president to run again. of involvement in the murder, with a trial ongoing at the time of writing. A draft law introduced in Papua New Guinea threatened to remove the Elsewhere changes in laws and constitutions gave civil society concern. power of the Independent Commission Against Corruption to arrest and Georgia’s parliament voted for a new constitution in September, which prosecute people suspected of corruption and give the prime minister the will move the political system towards a parliamentary one and make power to appoint the Commission’s members, severely compromising its the office of president indirectly elected. Opposition parties walked out autonomy. Following civil society advocacy, the government announced it of parliament in protest, complaining that, as with constitutional changes would not be going ahead with the changes. Tunisian civil society was not elsewhere, the real motivation was to keep the ruling party in power. so fortunate: the Administrative Reconciliation Act, granting amnesty to While civil society was involved in consultations on the constitution, key public officials who benefited from corruption during Tunisia’s long era of inputs appeared to have been ignored in late changes. As well as the lack dictatorship, was approved by parliament. Civil society, notably the Manich of broad political consensus on the constitution, concerns remained over Msamah (we will not forgive) movement, campaigned vigorously against judicial independence, media pluralism and the lack of accountability of the law, on the grounds that it will not serve Tunisia’s fledgling democracy. law enforcement and security bodies. Following the parliamentary vote, around 3,000 people marched in protest, although security forces blocked their route. In Moldova, there was concern that proposed amendments to a new law could make it harder for CSOs to receive funding from international sources Protesters gathered outside Guatemala’s National Assembly to demand and introduce onerous new reporting requirements with heavy penalties for that politicians who supported a law weakening the Criminal Code’s non-compliance. CSOs also led protests throughout 2017 against proposed provisions against corruption resign. Protests were dispersed with teargas, changes to the electoral system which, again, those opposed feared would but following these, the Constitutional Court suspended the new law, increase the power of dominant parties. People who protested against which would have seen many convicted of corruption walk free. The the proposals complained about experiencing intimidation and being month before, President Jimmy Morales attempted to expel the head of excluded from coverage on public media. Meanwhile amendments passed the independent, UN-backed International Commission against Impunity in September to the Law on NGOs in Montenegro caused concern: the law in Guatemala, after it began investigating the financing of his 2015 election gave the state new powers to reject the registration of new CSOs and reduce campaign. President Morales was well aware of the Commission’s power: the state’s financial support to CSOs. its dogged investigations of Guatemala’s endemic corruption fuelled the public outrage that ousted his predecessor. The government of Haiti announced it had banned over 250 CSOs from operating in the country, on the grounds that they were disconnected from In the UK, civil society expressed dismay when the government announced it the needs and priorities of Haitian citizens. Ominously, the government would make no changes to the controversial Lobbying Act, despite numerous stated that the work of CSOs must be guided by its leadership. In Uganda, a recommendations made by a government-commissioned review. The september YEAR IN REVIEW 4 Act, which focuses on CSOs but not business interests, limits
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