TABLE OF CONTENTS 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 FOA 2010_EN.indd 1 14/10/2010 4:53:46 PM FOA 2010_EN.indd 2 14/10/2010 4:53:46 PM EMHRN 2007-2010FREEDOMFREEDOM OF ASSOCIATIONASSOCIATIONASSESSMENT REPORTREPORT 3 EXECUTIVE SUMMARY close examination of recent developments in the Euro-Mediterranean region reveals that freedom A of association has experienced setbacks in the past few years and there has been very little positive 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/ FOA 2010_EN.indd 3 14/10/2010 4:53:46 PM 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.’ FOA 2010_EN.indd 4 14/10/2010 4:54:05 PM EMHRN 2007-2010FREEDOM OF ASSOCIATIONASSESSMENT REPORT 5 INTRODUCTION1 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. 1. The Main Trends 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 organisation. These are the main components of the systematic methodology developed by the Freedom of Association Working Group of EMHRN to measure compliance with international law and standards. The five-part criteria, which examines how national law and practice deal with freedom of association, focuses on the prior authorisation to register an association, dissolution, interference, access to foreign funds, and other such elements impacting freedom of association. As will be shown in this introduction and the rest of the report, restrictions imposed are indeed imposed at these different stages and on the conditions that enable these stages. An in-depth analysis on the improvement of the situation over the past three years in both law and in practice shows that violations take place mainly in the following trends: 1 Mervat Rishmawi is an independent human rights consultant with a special interest in human rights in the Middle East and North Africa region. She was previously the Legal Advisor to the Middle East and North Africa at the International Secretariat of Amnesty International. 2 Algeria, Egypt, Jordan, Israel, Libya, Lebanon, Morocco, Occupied Palestinian Territories, Syria, Tunisia, Turkey 3 The annual reviews are available at: http://en.euromedrights.org/index.php/themes/4561.html 4 For security concerns, the names of the people interviewed have been taken out. 5 Report to the General Assembly of the Special Rapporteur on the situation of human rights defenders, A/64/226, 4 August 2009, para 22. FOA 2010_EN.indd 5 14/10/2010 4:54:10 PM 6 EMHRN 2007-2010FREEDOM OF ASSOCIATIONASSESSMENT REPORT 2.a Restrictions in the name of public order, a Covenant right”10. security or combating terrorism Therefore, as the Special Rapporteur on the situation of Protection of national order or security and use of human rights defenders clarifies, restrictions that are combating terrorism and other such laws or pretexts introduced through government decrees or other similar continue to be one of the main tools used by governments administrative orders are not permissible as they fail to fulfil to suppress associations and their activities. the requirement “prescribed by law”. Furthermore, laws which contain vague and broadly defined provisions that The Special Rapporteur on the promotion and protection easily lend themselves to misinterpretation or abuse are of human rights and fundamental freedoms while not permissible.