“As the climate crisis escalates, the information ecosystem needed to address it is under attack. Crackdowns on free expression and press freedom, blatant impunity for violence against environmental defenders, and the subversion of information integrity are all contributing to a vacuum in understanding and obstacles to engagement at a time when action is urgently needed to combat the effects of climate change.”

IFEX has contributed a submission to the UN Special Rapporteur on human rights and the environment in response to their call for inputs for a report on “Promoting Environmental Democracy: Procedural elements of the human right to a clean, healthy and sustainable environment.” The Special Rapporteur’s final report will be presented at the 55th session of the Human Rights Council in 2024.

Our submission, drawing from and inspired by the work of IFEX members, identifies how barriers by States and business enterprises to accessing and disseminating information on the environment and climate are being fortified by the ongoing violence against journalists and defenders reporting on environmental impacts. The resulting suppression of the circulation of accurate information from credible sources add to the growing threats of climate misinformation and disinformation and interferes with the participation of people in key decision-making and public spaces. This disproportionately affects vulnerable and marginalised groups and their inclusion in key environmental issues that have the biggest impact on them.

We argue that efforts by civil society organisations have helped to counter these barriers, but the onus remains on States to fulfil their human rights obligations under international law and business enterprises to meet their responsibilities under regulatory frameworks. As the climate crisis grows ever more urgent, it is critical to protect and promote the rights to access information and free expression that ensure a vibrant civic space within which environmental democracy can thrive.

IFEX continues to expand our work in freedom of expression and information as it relates to the environment. You can read IFEX’s submission below.

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23 October 2023

Appeal to the Government of Kyrgyzstan: Stop Targeting Kloop Media and Uphold International Obligations to Protect Media Freedom, Freedom of Expression and Freedom of Association

IFEX, the global network of 119 member-organisations dedicated to promoting and defending the right to freedom of expression and information, is urging the authorities in Kyrgyzstan to withdraw their lawsuit to liquidate the Kloop Media Public Foundation and uphold their human rights obligations by refraining from the ongoing targeting of independent media and crackdown on free expression in the country. 

On 28 August, the Bishkek city’s Prosecutor’s Office filed a lawsuit to liquidate Kloop Media. This lawsuit comes amid growing government pressure on the organisation, including a criminal investigation by the State Committee for National Security in relation to Kloop Media’s publications and the blocking of the Kloop Media website by the Ministry of Culture, Information, Sports and Youth Policy.  

Following a report from the Ministry of Justice on Kloop Media’s absence from the media register, the lawsuit alleges that the failure to register as a mass media outlet and their engagement in media activity not listed in the organisation’s charter warrants liquidation under Kyrgyzstan’s civil law code. This is despite the fact it is not compulsory for online information platforms to register as media outlets. The lawsuit also relies on overbroad and vague allegations not supported under international human rights law, such as publishing “sharp criticism of the current government policy” and accuses Kloop Media of publishing information of a “negative nature, aimed at discrediting representatives” including the use of “hidden manipulation” that affects public opinion and “create[s] opposition” to the government. During the preliminary hearings on 23 October, the court rejected Kloop Media’s motion to suspend consideration of the lawsuit – the next hearing was set for 3 November but has since been rescheduled to a later date unknown.  

The lawsuit is a blatant attempt at censorship that not only contradicts the Constitution of the Kyrgyz Republic, but also contravenes Kyrgyzstan’s international human rights obligations, noting that General Comment 34 of the International Covenant on Civil and Political Rights expressly outlines the importance of protections for speech deemed critical of public authorities, due to the particularly high social value of such discourse. As a current member of the UN Human Rights Council, Kyrgzstan has an additional responsibility to avoid such violations and uphold the rights to free expression and freedom of association.  

This consistent targeting of independent media and growing levels of censorship in Kyrgyzstan is not new; IFEX members have been voicing their concerns in support of Kyrgyz members, the Media Policy Institute and Public “Association” of Journalists, on the Kyrgyzstan government’s undermining of pluralistic and independent public service broadcasting, its growing repression of press freedom and free expression, and increasing abuse of legislation, which has often mirrored Russian-style repressive elements.  

This was observed earlier this year in June when civil society organisations urged lawmakers in Kyrgyzstan to refrain from passing amendments on the draft law “On Amendments to Certain Legislative Acts of the Kyrgyz Republic” (Law of the Kyrgyz Republic “On Non-Commercial Organizations” and the Criminal Code of the Kyrgyz Republic), hereafter referred to as the draft law “On Non-Commercial Organizations”, as it would stigmatise and restrict the activities of foreign-funded organisations. The law draws heavily from the 2012 Russian “foreign agents” law that was initially used to target non-governmental groups and recently expanded to include media, human rights defenders, lawyers and journalists accused of carrying out “political activities” with foreign funding in Russia. Kyrgyzstan’s pending draft law “On the Mass Media” also mirrors elements of Russia’s law on mass media, such as the imposition of more stringent registration and re-registration requirements on all websites as media outlets, including websites of national and international NGOs and professional organisations, and the enabling of government to approve or reject requests based on excessively vague and broad grounds for suspension and termination of media activities.  

Kyrgyzstan’s continuing crackdown and ongoing abuse of legislation is fuelling the deterioration of freedom of expression, access to information, freedom of association, and civic space in the country. Accordingly, we call on the Kyrgyz government to assert its independent responsibility and obligations to promote and protect human rights by stopping the targeting of independent media and associations more broadly and ensuring the above rights are protected for the purpose of enabling a healthy democracy. 

Kloop Media logo, 18 June 2007. By Kloop news website, Public Domain, https://commons.wikimedia.org/w/index.php?curid=93800201

Thus, we urge the Government of Kyrgyzstan to: 

1. Protect media freedom and freedom of association by withdrawing the lawsuit on liquidation of the Kloop Media Public Foundation, ceasing criminal prosecution, and unblocking the Kloop Media website; 
2. Stop the ongoing criminal prosecution of independent media outlets, journalists, and other media professionals and create an enabling environment conducive to freedom of expression, media freedom, freedom of association and an open civic space by ensuring they can work without fear of criminalisation, interference, censorship, or prosecution; and 
3. Uphold Kyrgyzstan’s responsibilities to promote and protect human rights as a member of the Human Rights Council by adhering to international human rights obligations to ensure freedom of expression and information, as well as the rights to freedom of association, under articles 19 and 22 respectively of the International Covenant on Civil and Political Rights. 

We also request the UN Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression and the UN Special Rapporteur on the rights to freedom of peaceful assembly and of association to: 

1. Call on the authorities in Kyrgyzstan to withdraw the lawsuit against the Kloop Media Public Foundation, cease criminal prosecution, and unblock the Kloop Media website; 
2. Call on the authorities to uphold their international human rights obligations to protect and promote freedom of expression and association, particularly as a member of the Human Rights Council, by ceasing the wider use of criminal prosecution and abuse of legislation to systematically target independent media outlets, journalists, and other media professionals;  
3. Follow up on relevant communications, such as the Communication to the draft “On Mass Media” law and Communication to the draft law “On Non-Commercial Organizations”; and 
4. Consider additional actions within the scope of your mandate, including sending further communications, undertaking country visits, making recommendations to improve the rights to freedom of expression and association, and taking other appropriate measures to protect and promote freedom of expression and media freedom in Kyrgyzstan. 

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Their work has subjected them to threats and attacks from various actors, and in recent years, from Mexican president Andrés Manuel López Obrador (AMLO) himself.

On 3 May – World Press Freedom Day – during his daily press conference, AMLO ramped up his attack on civil society, singling out ARTICLE 19 Mexico and Central America by name, and saying that he has reached out to President Biden to intervene, and for the United States Agency for International Development (USAID) to cease its funding to civil society organisations that are critical of the government.

This latest threat is another example of his government’s efforts to undermine press freedom and civil society, and to silence critical voices.

“The entire IFEX network, including the regional alliance IFEX-ALC, stands in solidarity with our ARTICLE 19 colleagues.” stated IFEX Executive Director Rachael Kay and IFEX-ALC Coordinating Committee President Alejandro Delgado. “These threats are unacceptable. Work done by organisations like theirs must be protected – and valued as truly essential to the sustenance of healthy democracies.”

IFEX and IFEX-ALC call on the president of Mexico to stop the stigmatization of Article 19 Mexico and Central America and all civil society organisations, and to respect the work they carry out in defense of human rights.

We also urge the Mexican authorities to conduct a full and transparent investigation into the threats that have been made.

—

IFEX is a nexus for free expression expertise contributed by 119 member-organisations, spanning 70 countries and committed to collaboration and transformative advocacy. IFEX-ALC, which forms part of the global IFEX network, is comprised of 24 organisations in 14 Latin American and Caribbean countries dedicated to defending freedom of expression and press freedom.

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On 20 January 2023, around 40 members of Parliament approved the bill “On the Protection of Human Rights in Social Media” despite the lack of public consultation and the failure to evaluate its effectiveness as prescribed by the Law on Legislation. As a result, Mongolian President U.Khurelsukh vetoed the bill on 30 January 2023. The Parliament will discuss whether to accept the president’s veto during its spring session which starts on 15 March. The final vote needs the approval of two-thirds of the parliament’s 76 members.

The local IFEX member-organisation Globe International Center (GIC) has warned that if the veto is reversed and the bill becomes a law, the measure would allow authorities overly-broad powers to regulate, monitor and remove social media content. Its provisions could risk undermining human rights by negatively impacting press freedom and the right of citizens to express opinions, which contravenes Article 19 of the International Covenant on Civil and Political Rights as well as standards prescribed by the UN Human Rights Council, such as UN Resolutions A/HRC/RES/47/16 on the promotion and protection of human rights on the Internet and A/HRC/RES/44/12 on freedom of opinion and expression.

GIC warns that the law can further restrict instead of protecting human rights as intended by its proponents.

We call on legislators to accept the veto of the president. We also ask them to draft laws that comply with the Law on Legislation and the standards prescribed by the UN Human Rights Council. We reiterate that any restrictions on freedom of expression should be necessary, within the law, and that the means of accountability are appropriate when developing and approving any law.

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“Online gender-based violence against women journalists has systemically flourished with impunity in a context of government hostility towards journalists, insufficient measures for protection on social media and other online platforms, social and cultural pressures, intersecting discriminations, and the lack of criminalisation and national frameworks to address online gender-based violence.”

IFEX has submitted a response to the Office of the High Commissioner for Human Rights’ (OHCHR) in reply to their call for NGO inputs for a report on “the safety of journalists and media workers, with a special focus on the safety of women journalists, online and offline, and the activities of the network of focal points in addressing the safety of journalists and the issue of impunity and taking into account the United Nations Plan of Action on the Safety of Journalists and the Issue of Impunity”.

The OHCHR’s final report will be presented by the UN Secretary General at the 78th session of the UN General Assembly, in September 2023.

In our submission, which draws from IFEX members’ work, we highlight patterns of online gender-based violence facing women journalists and civil society efforts to combat and respond to digital threats in the absence of State action. We argue that the failure of States and tech companies to address these issues is undermining the full participation of women journalists in the public sphere, which is a violation of their rights and undermines media freedom, democracy, and civic space.

The submission makes recommendations regarding the responsibilities of tech companies and States, and draws attention to the additional challenges facing LGBTQI+ women journalists and those with intersectional identities, for example related to race or ethnicity.

IFEX is a global network that promotes and defends freedom of expression and information as a fundamental human right. It is a nexus for free expression expertise contributed by 119 member-organisations, spanning 90 countries and committed to collaboration and transformative advocacy. IFEX and members of the network have been working for decades to promote the safety of journalists and end impunity for crimes against them. Synergy with local members is essential to our ability to highlight threats, channel efforts, and offer solutions that strengthen the exercise of freedom of expression and access to information globally.

You can read IFEX’s submission below.

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“The Special Rapporteur stresses that for associations to deliver on their mission, access to resources is critical. States contradict their commitments to sustainable development and aid effectiveness when they unduly restrict funding to associations.”

An independent and robust civil society is essential to ensure the promotion and defense of all human rights. But it cannot do that, if it cannot resource its work.

In February 2022, the UN Special Rapporteur on the rights to freedom of peaceful assembly and of association asked for submissions to inform his 2022 Report on ‘trends, developments, and challenges regarding the ability of civil society organizations to access resources, including foreign funding’.

Spurred by the knowledge that the IFEX network has extensive experience being subjected to – as well as working to try to overcome – serious obstacles of this kind, we responded with a submission featuring critical information and thoughtful perspectives provided by IFEX member organisations working in different regions of the world. Country cases included Belarus, Cambodia, Egypt, Mongolia, Nicaragua, and Zimbabwe.

The Special Rapporteur’s final report, released on 10 May 2022, integrates many of the issues IFEX raised.

We welcome its recommendations, which includes calls for States to: ensure organisations have the right to seek, receive, and use funding and other resources; repeal laws and regulations contrary to international human rights standards; ensure full compliance with the Financial Action Task Force recommendation 8; and strengthen financial sustainability. 

The Report also issues recommendations for the donor community, which include consulting with organisations to understand funding and resourcing needs, as well as restrictions; moving to a participatory and co-creative process between civil society and donors; and increasing longer-term investments and improved core support. 

These actions are key to building an enabling environment for civil society, promoting a healthy democracy, and expanding civic space. 

We invite you to read the Special Rapporteur’s Report, share it widely amongst your networks, and use it to encourage governments and the donor community to act on its recommendations. 

For a birds-eye view of the Report, check out our Twitter thread.

You can read IFEX’s submission below [in English].

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Amidst emerging reports of Russian censorship and arrests of protestors and journalists, IFEX notes that Russia’s violence and aggression has put the lives of countless journalists, human rights defenders, and everyday citizens in danger. The safety of journalists and the right to protest must be respected, in accordance with international law. IFEX underlines the essential role independent journalism and freedom of expression play in ensuring people in Ukraine, Russia, and across the world can access accurate information about the conflict.

“The thoughts, support, and solidarity of the entire IFEX network are with our IMI colleagues in Ukraine today,” stated IFEX Executive Director Annie Game.  “For years, IMI has played a key role in Ukrainian civil society, standing up for press freedom, tackling rampant disinformation, and working to advance freedom of expression.” 

Game continued: “Following this morning’s invasion, the work of IMI, their partners and allies, and independent journalists across Ukraine and Russia is needed now more than ever. The safety of journalists, as well as the right to protest needs to be assured. We acknowledge and support all those working to ensure people across the globe can access trustworthy and accurate information.”

IFEX’s call echoes statements from leading intergovernmental officials, including UN Special Rapporteur on Freedom of Opinion & Expression Irene Khan who stated that an “independent, pluralistic and free media is the best antidote against disinformation in war or peace,” and Council of Europe Commissioner for Human Rights Dunja Mijatovic who urged Russia to “adhere strictly to international humanitarian and human rights law.” 

Updates from the developing situation in Ukraine are available from IMI’s website in Ukrainian and English, as well as on IMI’s Twitter feed and Facebook page.

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The call comes one year after a military junta seized power in the Southeast Asian nation. Since the coup, 1,499 people have been killed and nearly 12,000 arrested, charged or sentenced, including over 120 journalists. Multiple media outlets have been outlawed, had their offices raided, and had their staff arrested, in a crackdown which has intensified in recent weeks in the run-up to the anniversary of the coup.

Despite these ongoing rights violations, criticism from UN experts and countless calls for action by civil society in Myanmar and abroad, the response from UN bodies and ASEAN has been subdued. The only UNGA resolution so far, from June 2021, called for an end to violence and restrictions on the internet. The UN Security Council has released statements stressing the need “to mount a unified international and regional response,” and ensure support for a democratic transition. However no resolutions targeting the junta have been tabled.

“It’s clear the military junta’s repression is aimed at nothing less than the systematic dismantling of Burmese civic space, including the silencing of independent voices and the deliberate creation of a climate of fear throughout the nation,” stated IFEX Executive Director Annie Game. “Amidst this violent crackdown, the international community urgently needs to show solidarity with the people of Myanmar as they struggle for their basic human rights. The muted response we’ve seen so far from the UN and ASEAN is simply not good enough.”

Game continued: “That’s why today we’re amplifying our call for action. The UN, ASEAN and their individual member states must pressure Myanmar’s junta to end its crackdown on civil society, free protestors and journalists, and restore media licences. Journalism is not a crime, and the entire IFEX network stands behind Mizzima News and the many other courageous media outlets and journalists working to publish the truth about the regime’s actions.” 

“We demand the military regime release all detained journalists immediately and restore our media licences, including our Free-To-Air Digital TV licence, without imposing any restrictions and censorship,” said managing director and editor in-chief of Mizzima News Soe Myint.

Mizzima News, which marked its 23rd anniversary last year, has been outlawed, had their offices raided, and has seen 19 of its staff members and journalists charged under section 505A of the Penal Code, a heavily criticized colonial-era law that criminalises freedom of expression. Mizzima editor Than Htike Aung is still in jail, while another of its freelance reporters was recently arrested by the junta. The organisation also faces charges under section 17A and 124A of the Penal Code, which carry a penalty of life imprisonment for inciting disaffection toward the government.

The regime has also recently stepped up its efforts to limit internet access, including by imposing a sharp tax increase on SIM cards and internet services, and by proposing a new cybersecurity law that would jail VPN users for up to three years. Both local and international journalists are also now facing terrorism charges, on top of charges under section 505A.

This ongoing repression has been the subject of fierce criticism at the UN Human Rights Council, both from UN High Commissioner for Human Rights Michelle Bachelet and by Thomas H. Andrews, the UN Special Rapporteur on the situation of Human Rights in Myanmar. 

Following the failure of the junta to implement a peace plan it agreed to with ASEAN last April, the military was also recently excluded from a summit of the regional body. However, just this January, Cambodian Prime Minister Hun Sen, the new chair of ASEAN, met with military ruler Min Aung Hlaing in Myanmar, sparking concerns that the trip could be seen as signalling the legitimacy of the coup.

In the last year, the junta has shown no willingness to end its rights violations and crackdown on civil society. What UN Special Rapporteur Andrews said in September 2021 rings even more true today: “Now, more than ever, the people of Myanmar need strong, targeted and coordinated action by the international community.”

Updates from the developing situation in Myanmar are available on the websites of IFEX and Mizzima.

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“Today’s award is a testament to the necessity of press freedom for a functioning democracy, and well-deserved recognition that the work of journalists like Maria Ressa and Dmitry Muratov is more important than ever in protecting all of us against the rise of authoritarianism,” stated IFEX Executive Director Annie Game.

Maria Ressa is a prominent journalist from the Philippines and co-founder of Rappler, a digital media company. Ressa has long worked to end state interference in the media, and in recent years has been charged and tried multiple times for her work exposing abuse of power and authoritarianism in the Philippines. IFEX has been proud to stand in solidarity with Ressa and continues to call for charges against her to be dropped.

Dmitry Muratov is the longstanding editor of Novaya Gazeta, one of the few remaining independent newspapers in Russia. Over the years, Novaya Gazeta’s staff have been the target of threats and violent retaliations, including the murder of investigative journalist Anna Politkovskaya 15 years ago on 7 October 2006. In his reaction to today’s Nobel Peace Prize news, he dedicated the award to all his former colleagues who were killed for doing their job.

The Nobel Committee’s press release emphasized the journalists’ “efforts to safeguard freedom of expression, which is a precondition for democracy and lasting peace”. As a global network committed to promoting the right to freedom of expression and working to make the link between that right and all others, IFEX is pleased to see the Nobel Committee making this connection, particularly regarding the work of both Maria Ressa and Dmitry Muratov.

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Amidst the Belarus regime’s ongoing crackdown on civil society, IFEX also calls on the international community to provide direct, long-term support to Belarusian journalists and rights defenders, whose lives and livelihoods are under threat.

For over 25 years, BAJ and its membership of over 1300 media workers has promoted freedom of expression and independent journalism in Belarus, facilitating the exercise of civil, social, and cultural rights. BAJ is among dozens of NGOs threatened with liquidation by the regime in what president Lukashenka has openly described as a “purge.”

PEN Belarus, one of the country’s most prominent champions of free expression and cultural freedom, was also recently dissolved by Belarusian authorities. Other organisations targeted include environmental and heritage protection groups, the Office for the Rights of Disabled People, the National Youth Council, the Belarus Press Club, and groups that support the elderly.

“Today’s politically-motivated ruling is yet another example of the Lukashenka regime’s crackdown on civil society since last year’s rigged election – a crackdown which aims to silence independent voices, constrict civic space, and deny Belarusian citizens access to reliable information about the regime’s human rights violations,” stated IFEX Executive Director Annie Game.

Game continued: “The entire IFEX network stands behind BAJ and all Belarus rights groups and defenders whose lives and livelihoods are threatened by the regime. We condemn the regime’s actions, call for an immediate end to the crackdown, and for the release of all jailed protesters and media workers. The international community needs to step up with direct support for all those defending the human rights of the Belarusian people.”

It’s clear the regime is exploiting the judiciary’s lack of independence to silence independent voices. A recent report by UN Special Rapporteur on the situation of human rights in Belarus Anaïs Marin highlighted that “For almost three decades, Belarus has failed to ensure the independence of its judiciary.”

Today’s ruling comes just weeks after the 1-year anniversary of last year’s rigged presidential election in Belarus, which sparked a wave of popular protests calling for Lukashenka’s ousting and for new elections.

As chronicled each month by IFEX, the regime’s response has been to launch an unprecedented and brutal crackdown, which has seen tens of thousands of peaceful protestors detained, over 100 news websites blocked, and media outlets banned. To date, BAJ has recorded that 497 journalists and media workers have been arrested, with over 29 still in detention. There have also been 68 cases of physical violence against journalists resulting in injury.

IFEX’s recently-published Regional Spotlight outlines how the regime’s crackdown has been challenged at every turn by small groups of journalists and activists in the diaspora, using digital tools and social media to ensure that Belarus-based supporters of the opposition – as well as ordinary citizens – can access uncensored information, that they can organise, and that they can find financial, legal or other kinds of assistance if they themselves are targeted by the authorities.

Many IFEX members marked the 1-year anniversary of the fraudulent election in Belarus by calling on international institutions to do more to protect the human rights of Belarusians:

• The European Federation of Journalists joined literary and writers’ groups in calling on European and international governments to support the democracy movement in Belarus, and provide refuge and humanitarian assistance to those fleeing the country.
• Human Rights Watch published an article outlining the “dismantling” of Belarusian civil society, and calling on the international community to “provide unwavering, long-term support to Belarusian groups & activists.”
• In a piece for Index on Censorship, Hannah Yahorava discusses BAJ’s determination to carry on with its work, regardless of the outcome of today’s Supreme Court ruling.
• In a statement responding to the shutdown of its sister organisation PEN Belarus, PEN America’s Suzanne Nossel described the regime as being “so scared of writers, so afraid of those who dare to speak, that it has trained its energies on trying to snuff out an organization of literary luminaries that stands for books, stories, and a reverence for the written word.”
• PEN International called for all those detained for peacefully expressing their views to be released, and for the international community to support #Belarus media workers & cultural actors, and to ensure perpetrators of #humanrights violations are held to account.
• Reporters Without Borders published a joint report with the World Organisation against Torture describing the system of repression that has been imposed with the aim of silencing journalists. RSF calls on the international community “to make every effort to stop this persecution at Europe’s gates.”

Last week, IFEX joined 13 rights groups in calling on the international community to step up efforts to pressure Belarus authorities to change course and respect the human rights of the Belarusian people.

Further context on Belarus from IFEX:

• Amidst escalating crackdown, international community must stand with the people of Belarus – joint statement by IFEX and 13 rights organisations
• Repression & Resistance in Belarus – A Monthly Chronology – by IFEX Regional Editor Cathal Sheerin
• Spotlight on Belarus: The smartphone versus the baton – by IFEX Regional Editor Cathal Sheerin
• IFEX’s Belarus landing page comprising original and republished content from IFEX’s global network of over 100 organisations.

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