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Statement on Freedom of Association and The Right Of Peaceful Assembly; Human Rights Advocacy and Defenders

 

Delivered to the Human Dimension and Implementation Meeting, Warsaw

September 12, 2002

 

Mr. Moderator, the freedom of citizens to join with others in pursuing their legal goals is a basic right and a cornerstone of civil society. Associations of individuals can act as indispensable voices of dissent and diversity – presuming they are allowed to assemble without fear of reprisal.

In Turkmenistan, neither freedom of association nor freedom of assembly is observed; the regime of Saparmurat Niyazov continues to ignore its commitment to observe these basic rights. But in a glimmer of hope, in Uzbekistan, the Independent Human Rights Organization managed to gain registration in March, after years of unsuccessful attempts. We hope this will mark the beginning of a broader trend towards unrestricted freedom of association, which will lead eventually to the return of opposition parties to Uzbekistan’s political arena. Until then, there are other independent human rights groups which are seeking registration, and we call on Tashkent to process these applications expeditiously. On a happier note, Tajikistan's response to lobbying from local NGOs persuaded the government to reduce its NGO registration fees and registered NGOs in Tajikistan have increased over 35% this year. While Tajikistan is the only country in Central Asia to permit an openly Islamic political party to participate in government, there are still other political parties, such as the Unity Party, that are experiencing difficulties registering and complying with Tajikistan's unwieldy and unreformed political party legislation.

The events in Kyrgyzstan, where police shot and killed six demonstrators in March, also underscore the need for state and society to come to terms with self-expression through organized mass meetings. If people cannot demonstrate peacefully, there is a serious danger that sooner or later they will demonstrate anyway, but with a violent outcome. While we welcome the resignation of Kyrgyz Prime Minister Bakiyev and others following the the release of the report of the State Commission investigating the causes of the tragic events in March, and some progress regarding the ODIHR recommendations to restore confidence, we hope that additional recommendations made by ODIHR including increasing transparency, enacting necessary political reforms, will be implemented under the President’s leadership.

We are disappointed that the Government of Kazakhstan used a variety of tactics in July to prevent people from participating in a three-day seminar organized by the Washington-based National Democratic Institute in Almaty. Would-be participants found themselves inexplicably denied public transport or, in some cases, threatened by the police not to go. Such actions not only violate Kazakhstan’s commitments with respect to freedom of association, they erode civil society itself.

According to NGO sources, some 1,200 organizations await registration in Azerbaijan. The registration of about 1,400 NGOs in Azerbaijan, while testimony to the strength of civil society, is no excuse not to register other groups. Also of concern in Azerbaijan is the shooting in June of demonstrators in the village of Nardaran. Official claims that the demonstrators had firearms have not been confirmed, and the history of refusals by the authorities to sanction demonstrations in Azerbaijan raises general concern about what happened in that village.

In Belarus, the government has repeatedly restricted the right of NGOs to assemble and demonstrate. On April 19, riot police arrested approximately 100 individuals participating in a demonstration organized by Belarusian NGOs Zubr and Charter 97 against living conditions in Belarus. Reports indicated 33 demonstrators were sentenced to between 3 and 15 days' detention and another 10 people were fined 200,000 to 1,700,000 rubles. These actions are inconsistent with Belarus’ OSCE commitment to freedom of assembly.

 

With the recent death of Alexander Ginzburg, one of the founders of the human rights movement in the Soviet Union, the world lost a genuine hero who taught us all what it means to confront a powerful state in the name of an ideal and insist that it implement its commitments – regardless of personal consequences.

One would like to think that we have learned a great deal since Mr. Ginzburg was imprisoned in the GULAG. But in one of the more brutal incidents in recent memory, on July 10 a group of thugs attacked the Liberty Institute, Georgia’s leading human rights organization, indiscriminately beating everyone they could find. The Liberty Institute has been in the vanguard of defending those persecuted in Georgia, especially religious and national minorities; an attack on the Liberty Institute is an attack on Georgian civil society and on the country’s prospects for democratization. It is shocking, therefore, that a district court in Tbilisi subsequently released the only man detained for involvement in that assault, despite his perversely proud confession. We call on the Government of Georgia to prosecute with fully the perpetrators of that cowardly attack.

 
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