Civil Society Space

Debate between Jim Shannon and Tom Brake

Thursday 26th January 2017 Westminster Hall

[Jim Shannon]

I thank the hon. Lady for her intervention. She is vice-chair of the all-party parliamentary human rights group, so I know the good work that she does. She has been a focal person in speaking out on such issues, and I wholeheartedly endorse that. She has outlined a number of the things that she, I and others have written about to the Foreign and Commonwealth Office.

The nature of restrictions on civil society varies, but common elements of such laws include: targeting activists who scrutinise Government policies; increased scrutiny of NGO activities and sources of funding, which is all very investigative and focused on making life difficult for the NGOs; and, in some cases, the targeting of organisations that work on issues such as women’s rights, freedom of religion or belief, LGBTI or lesbian, gay, bisexual, transgender and intersex rights, migrants’ rights, and the environment. Those are all critical and important issues in civil society throughout the world. It is important to retain such organisations.

Repressive practices are not limited to states such as Russia, Egypt or Pakistan: they are in danger of spreading across the world, as the hon. Member for Rutherglen and Hamilton West (Margaret Ferrier) said in her intervention. Civil society experts have spoken of a contagion effect, whereby repressive laws introduced in one country are copied by its neighbours, who might think, “That’s the way to do it.” It is not.

[Tom Brake (Carshalton and Wallington) (LD)]

Does the hon. Gentleman agree that a good example of what he is referring to is the law against NGOs being deployed in Egypt? Perhaps Egypt is copying the law deployed in Russia. We hope that such things are raised by the FCO at every opportunity in its discussions with the Egyptians.

[Jim Shannon]

I commend the right hon. Gentleman for his action in this House on human rights. He regularly brings issues to the attention of Ministers and Departments, for which I thank him. In his intervention he gave another example of exactly what happens, which is that spreading across. It is imperative that civil society space is protected; otherwise, repressive practices and violations of human rights could spread further. We need to have debates such as this one and what I hope will be a positive response from the Minister and the Government.

The debate provides an opportunity to identify the many benefits of thriving civil society spaces and the innovative ways in which the UK can support them. Furthermore, we can raise the issue of the considerable pressures on civil society and of civil society’s important role as a driver for positive socioeconomic and political development, as well as for the promotion and protection of human rights.

Unfortunately, there is today an extremely worrying trend in many parts of the world: that those who stand up for those in need are themselves increasingly subjected to various forms of attack for doing so, including physical attack. Today, in this House, we need to stand up for human rights and liberties, such as people’s right to pursue their religious beliefs, not to suffer persecution and to worship their God.

As chair of the APPG on international freedom of religion or belief, I have heard of far too many people far too often being in desperate need of others to support and speak up for them. This is our chance to be a voice for the voiceless—to speak up for those who cannot speak for themselves and who might not know what we are doing. We do so because we want to and because we have a job to do in this House. Sometimes, all it takes is for something to be said for a difference to be made. That is what is so worrying about the restrictions on civil society: they are making it even more difficult to let people support, speak out and make positive changes for each other. That is what we should be trying to do.

What exactly is civil society? It includes all NGOs and institutions that manifest the interests and the will of citizens. It includes the family, the private sphere and other special interest organisations. It also includes bodies and individuals who organise to represent a religious, business, academic, social or quasi-political interest within a community. That is a large raft of issues across all of society.

Without input from civil society, both the legislature and the Executive would be less informed and more disengaged from issues that affect members of the community. Such input has been critical to humanitarian and human rights reforms, of which one of the most conspicuous was the abolition of slavery in the early 19th century. Other input was on issues such as child labour laws, property and electoral reform, women’s rights and the maintenance of human rights. We are here because of our interest in human rights, so I want to make that point very clear.

The ebb and flow of information between legislators and civil society is an integral part of modern democracy. Moreover, sectors of civil society frequently possess deeper knowledge and expertise on some subjects than is readily available from Departments. It would be a gross error for the legislature or the Executive to hamper in any way the expression of the views of civil society. Civil society is protected through rights such as those to freedom of association, assembly, expression and religion or belief.

The role of NGOs is significant, but civil society goes beyond simply collective organisations of people. Hence, the definition of civil society must be expanded to include how people organise themselves today in the 21st century, because how it is done has evolved. As technology develops, people increasingly frequently utilise the internet to raise human rights and other issues online, as well as through social media and other platforms. It must be noted that none of those spaces in which civil society operates is immune from the pervasive measures being implemented throughout the world to restrict civil society.

The angle that I am coming from as I set the scene is that of freedom of religious belief and civil society. As everyone present probably knows, that right is an area that I am deeply passionate about and it is deeply linked to and affected by the closing of civil space across the world. When the Pakistan minorities APPG members and I met those NGO administrators and other people in September, I recognised that what they were describing was happening on the ground not only to them in Pakistan, but in other parts of the world.

The link with religious freedom can predominantly be seen in two ways. First, the closing down of civil society directly limits individuals’ ability to exercise their freedom of religion or belief, as civil society often includes people simply coming together to promulgate their faith or beliefs. The restriction of such activity directly contravenes article 18 of the universal declaration of human rights, which includes the freedom to manifest and practise religion or belief in public—it is right there. That is a clear example.

[Tom Brake]

The hon. Gentleman may be coming to this, but does he agree that two faith communities in particular are being heavily targeted? The Ahmadiyya Muslim community is at risk in places such as Pakistan and, more recently, Algeria, and the Baha’i faith is under threat in Iran.

[Jim Shannon]

I totally concur, and I will mention those communities. It is good to have a collective positive opinion on behalf of those people.

CIVICUS Monitor has analysed what drives violations of civic space. Government leaders have often taken drastic measures to prevent people from criticising their decisions, engaging in human rights monitoring or calling for their basic social or economic needs to be met. Civil society actors frequently say that “security concerns” were cited as the rationale for restricting their voices and actions. It is easy to do that—it is a simple way of controlling what takes place—but it is wrong if it is used for that purpose.

I turn to Pakistan, which I have a heart for; I know that many people in the Gallery have a heart for it, too, as do all the Members who are here. The shrinking of civil society space can be seen vividly in Pakistan, and it is having a detrimental effect on individuals’ freedom to manifest and observe their religion or beliefs. That is particularly troubling as civil society has played a key role in supporting the country to move forward in the face of adversity. NGOs in Pakistan have advocated for political processes when military dictators have made life difficult for political parties and made it hard for individuals or civil society to make other collective efforts.

Although many people are trying to move forward, some are trying to pull them back. NGOs have assisted Governments whenever public service delivery, developing democratic systems and responding to mega-disasters have become too challenging. We in this House have helped very constructively whenever disasters have taken place. The Minister was part of that process in his former role. NGOs have even provided a voice for the marginalised and kept human ideals alive. For example, 26 million Pakistanis and 1.5 million Afghan refugees are supported by international NGOs to meet their urgent needs for relief and recovery, as well as their longer-term needs for social and political development.

It is heartbreaking to hear reports of the worsening situation for civil society groups and human rights defenders in Pakistan. Those horrendous stories of specific victimisation and persecution are terribly difficult to hear, especially when we consider the many positive activities in which those people have engaged to help the country develop socially and economically.

In a written statement to the United Nations Human Rights Council in 2015, Christian Solidarity Worldwide highlighted the threats against and intimidation of human rights defenders in Pakistan, which is a highly divided and polarised society. They face constant threats and intimidation from multiple sources, including state and non-state actors, religious and political groups, local communities, district administrators and the police. CSW said:

“The volatile security situation, growing religious fundamentalism, and complex political circumstances in Pakistan make their work very dangerous.”

Human rights activists who speak out about human rights violations are subjected to harassment and targeted attacks, with little protection from the Government or security forces—specifically the police, whose task that is. There is much evidence from across Pakistan to back that up. Lawyers and judges are particularly vulnerable when defending the rights of people accused of blasphemy. Lawyers who take on blasphemy cases are subjected to extreme pressure before, during and after court hearings. CSW reports that activists,

“lawyers and district level judiciary have been threatened and killed throughout Pakistan”.

Rights defenders continue to be harassed and attacked with impunity, creating an air of silence and fear in society.

The murder in 2016 of several activists epitomises what is happening to civil society space across the world. These are specific stories of people who were targeted. Zafar Lund was shot in the head by unidentified assailants and died outside his home in Kot Addu in Punjab province on 14 July. He was a member of a civil society forum that aims to protect water rights. He promoted local Saraiki folklore and storytelling, and supported education and children’s rights. On 7 May, Khurram Zaki, a prominent human rights campaigner and editor, was shot dead by four unknown assailants while he was having dinner at a restaurant in north Karachi. More recently, there have been concerns about the enforced disappearance of four human rights activists who have campaigned for human rights, including the right to freedom of religion and belief, and had a blasphemy case brought against them. They have used their blog to report on human rights violations by security forces and religious extremists in Pakistan.

Those cases feed into the wider trend of silencing civil society that has sparked protests across Pakistan against the abduction of activists. However, the Ahmadiyya community has been subjected to the worst actions against civil society, as the right hon. Gentleman said. On 5 December 2016, 28 armed police from the counter-terrorism department of the Punjab police forcefully entered the headquarters of the Ahmadiyya Muslim community in Rabwah. The raid was carried out without a warrant, and four Ahmadiyyas were unlawfully arrested under anti-Ahmadiyya and anti-terror laws. Using the law of the land to target people is a crime, and it should not be allowed to happen. Those people are being held in custody and have been tortured, despite having committed no crime whatever.

That raid followed the arrest and conviction in January last year of an 80-year-old shopkeeper, who was imprisoned for eight years under anti-terror laws for possessing copies of the Koran. There are serious concerns that the recent arrests will similarly result in unlawful sentences, without any justification. The raid marks a turning point in the history of Pakistan, as it was carried out by the Government rather than extremists. There is something seriously wrong when the Government, who we should all have faith in, use their strength and power to target minorities and ethnic groups. It is almost unbelievable. The fact that police are able to enter Ahmadiyya premises without a warrant and against a high court order, make arbitrary and unlawful arrests, subject Ahmadiyyas in custody to torture, and convict them without any evidence sets a dangerous precedent. That concerns me and others who are here today. What discussions have the Government had with the Pakistani Government to end their misuse of anti-terror laws and ensure that civil society is safe and able to thrive for the positive development of Pakistan?

While I am focusing on south Asia, I will also raise the case of Shahidui Alam, a world renowned photographer and journalist from Bangladesh who has very close ties with us in the UK. Just this morning, he and others were arrested in Dhaka while protesting against the Bangladeshi Government’s plans to build a coal-fired power station near the Sundarbans, the world’s largest mangrove forest and a UNESCO world heritage site. Police allegedly used excessive force and violence, and a bus, to ram down the crowds. Previously, they have used water cannon to dispel peaceful protests.

Security forces in Bangladesh have a well-documented history of using excessive force to prevent protests, which I and others have raised in the House before. There has also been a sharp rise in the targeting of activists and protestors by Government forces, and an increase in restrictions on civil society in general across Bangladesh. Protests against the power station’s construction are ongoing. Those issues are for another debate, but we must look at them. They illustrate the continuing disproportionate response of the Bangladeshi Government, who, in direct contravention of international human rights obligations, shut down peaceful civil society protests and reduced the space for protesters to be heard and engaged with. Again, can the Minister reassure the House and those involved in this debate that, given our close ties with Bangladesh through our diaspora communities and the Commonwealth, the Government will press this issue with their counterparts there?

The issues in Bangladesh go well beyond those I have listed; I will speak on others as well. Organisations have expressed many concerns about Bangladesh and the closure of its civil society. Restrictions on freedom of expression, under section 57 of the Information & Communication Technology Act, 2006, have caused particular concern. It states that any person deliberately publishing any electronic material that causes law and order to deteriorate, prejudices the image of the state or person or causes hurt to religious belief will be punished with a maximum of 14 years and minimum seven years imprisonment.

The Bangladeshi Government have used that section to arrest and charge journalists for publishing what they allege to be fake, obscene or defamatory information in electronic form. The ICT Act has previously been used, and continues to be used, to oppress freedom of expression in Bangladesh, and amendments to the Act in 2013 further increase police powers and penalties for violations. The growing application of section 57 threatens the space for civil dissent in Bangladesh.

Law enforcement agencies and the Bangladeshi Government were slow to respond to the murders of several bloggers. In fact, the Government’s response was negative; they urged the bloggers to curb their writing and impose self-censorship, which, again, is a curtailment of the freedom of the press. One conservative Islamic group called on the Government to punish atheist bloggers who criticise Islam, and several bloggers were arrested under the law that prohibits publishing such works. Asif Mohiuddin went into exile following accusations of blasphemy in 2015; news editor Probir Sikdar was arrested after publishing information about a war criminal in August 2015; and Mohon Kumar Mondal, the director of the Bangladeshi non-governmental organisation LEDARS, was charged for damaging the religious sentiment of Muslims in September 2015. It is evident from interviews that self-censorship is occurring as a result of attacks, fear and misuse of the law. There is also a feeling that the current Bangladeshi Government are in denial. Those are some examples of what is happening in Bangladesh.

There are other examples across the world of the silencing of voices that appear to challenge Governments. The words of the former UN Secretary-General, Ban Ki-moon, offer an apt reminder that:

“If leaders do not listen to their people, they will hear from them—in the streets, the squares, or, as we see far too often, on the battlefield. There is a better way. More participation. More democracy. More engagement and openness. That means maximum space for civil society.”

India’s Intelligence Bureau—a sub-agency of the Ministry of Home Affairs—published a report in June 2014 that alleged:

“A significant number of Indian NGOs…have been noticed to be using people centric issues to create an environment which lends itself to stalling development projects.”

Again, that is an attack on expressing oneself on important issues—environmental issues or whatever—in civil society. The report mentioned several campaigns targeting the Government on economic and development issues. Subsequent sweeping measures to clamp down on NGOs receiving foreign funding have undermined the work of civil society. Following the Intelligence Bureau’s report, the Ministry of Home Affairs barred several NGOs and human rights activists with international links from receiving foreign funds by suspending their licences for six months and freezing their bank accounts.

There are significant concerns that human rights defenders and NGOs, and foreign organisations that fund them, are becoming targets for state repression. That is exacerbated by nationalist groups calling on the Government to curb the work of foreign NGOs in the country, claiming that foreign involvement is not conducive to India’s development. The Foreign Contribution (Regulation) Act, 2010—the FCRA—restricts the work of human rights defenders, as do some income tax regulations.

The US Government—whom it seems we will be in partnership with, based on what the President has said—have expressed concerns over the crackdown on the activities of both local and international NGOs in India. The US Government have seen it, and we must back them up on that. Three UN human rights experts—the special rapporteur on human rights defenders, Michael Forst; the special rapporteur on the rights to freedom of peaceful assembly and of association, Maina Kiai; and the special rapporteur on freedom of opinion and expression, David Kaye—have also recently called on India to repeal the FCRA, as it is increasingly being used to obstruct civil society.

All NGOs receiving external funds are required by law to register with the Ministry of Home Affairs. Again, the Indian Government are using tax regulations to restrict and control what happens. In April 2016, Maina Kiai showed that the FCRA does not conform to international laws and standards. Those are clear issues. The Department for International Development and the Foreign and Commonwealth Office have recognised that, agreeing with the Charity Commission in 2012 that there was scope for the UK to contribute more actively to the Working Group on Enabling and Protecting Civil Society. However, that is not reflected in that group’s current membership.

DFID’s current civil society partnership review, which was announced by the Secretary of State for International Development, sets out a simplified new central funding system for civil society organisations that supposedly incentivises good performance and pushes for more efficiency, transparency and accountability. While value for money and stemming profiteering is welcome, I ask the Secretary of State through the Minister who is here, what she is doing to ensure that the current stringent reassessment of DFID’s partnership with grassroots organisations will not, in practice, endanger UK support of vital civil society action—especially that which helps to achieve DFID’s strategic priority to

“promote the golden thread of democracy, the rule of law, property rights…and open, accountable institutions.”

In December 2016, UNESCO expressed “deep disagreement” with the methodology used in DFID’s multilateral development review, and concern that

“values of peace and dialogue”

are not anchored in DFID’s new practices. Oxfam chief executive officer, Mark Goldring, echoed concerns that DFID fails to demonstrate convincingly that it is

“wholeheartedly committed to building the partnerships with civil society that organisations need.”

When allocating funding, DFID is often fearful of mixing religion with development by supporting faith-based organisations. We must take that on board.

Despite the right to freedom of association, assembly and expression, and freedom of religion or belief, those groups of individuals are frequently shut down and marginalised under anti-terror laws because they are perceived as providing an alternative narrative to the state’s. What is wrong with providing such a narrative? Freedom of expression and religion are vital to society as a whole. After all, some strands of religion have an overtly political agenda, while others promote or condone discrimination against women and violence, including terrorism.

Most major aid agencies have recognised the limitations of not strategically engaging with religious-based groups. By ignoring the underlying religious beliefs that shape attitudes in most parts of the world, secular development has not had the impact on human behaviour it had hoped for. Treating religion as irrelevant has also not prevented the emergence of extremism. Engaging with religious-based civil society needs to be done with care, with bottom-line criteria set out in partnership. It must also be done in a sensible way, with openness and understanding, moving to engagement through open, constructive discussion on differences in values and objectives. Seeking to engage them as equal partners, instead of estranging them, will also be useful.

Faith-based organisations already provide trusted community focal points and have a strong track record of delivering services and eliciting motivated voluntary service religious leaders. Furthermore, those institutions are often the most trusted in developing countries. Such organisations and groups have been at the forefront of advocacy, including in the civil rights movement in the US, the Jubilee 2000 debt campaign and the frequent religion-led resistance to dictatorships in Asia, Latin America and Africa. It is crucial to understand that diverse religious communities often co-exist peacefully, and that the shortcomings of egalitarian Government provision tend to stoke violence that erupts, which, though it may take on a religious garb, may not be about religion itself—as seen with Boko Haram in Nigeria, for example.

I am sure that the all-party parliamentary group on international freedom of religion or belief, which I chair, and other hon. Members would be delighted to help DFID to think through how it works with the religious-based section of civil society. Though often tricky, it is crucial for achieving strategic objectives. I also hope that that understanding can be mainstreamed across all Government Departments and programmes, including countering violent extremism programmes, so that civil society groups from a particular faith background, both around the world and in the UK, are not, in practice, targeted and in turn disempowered.

The insistence by some that extremism—which, as yet, has no clear definition—is driven above all by religious ideology must not limit individuals’ right to voice critical concerns about Government action. The protection of individuals’ freedom of expression, and the ability to associate and assemble, are greatly needed, not only for holding the UK Government but for holding all Governments to account. We must watch closely to ensure that counter-terrorism policy does not cross the line it has crossed in Pakistan, Russia and Egypt.

I will conclude, because time is passing very quickly. Where civil society groups are not currently able to raise their voice in countries around the world—we have heard in interventions and, I am sure, will hear from other hon. Members that that is the case—I encourage the UK Government and the Minister in particular, either directly or through organisations such as the Commonwealth Human Rights Initiative and the International Panel of Parliamentarians for Freedom of Religion or Belief, to support and capacity-build parliamentarians to raise human rights issues in their own countries, providing a voice for civil society.

In this time of the UK’s withdrawal from the EU, a move that I fully support, how will the UK work both in its own programming and in conjunction with the EU, the Council of Europe, the Commonwealth and international parliamentarian networks to ensure that civil society is protected, supported and heard? We need to ensure that we in this House, who are all now a part of civil society in some way, shape or form, continue to protect our space and those who use that space in order to help one another to be safe and have better lives. For the avoidance of doubt, that is what human rights is all about.

Oral Answers to Questions

Debate between Jim Shannon and Tom Brake

Thursday 9th June 2016 Commons Chamber

[Tom Brake]

I agree entirely with the hon. Lady’s point. She will, I hope, be pleased to hear that on 5 July the Advisory Committee will discuss this very subject. I hope the Committee will be able to provide her with a clear action plan that will help to address her concerns.

[Jim Shannon (Strangford) (DUP)]

It is vital that we embrace diversity at all levels to ensure that history is remembered correctly. We have portraits and statues of Queen Victoria in the House of Lords. Does the Commission agree that Members and visitors, particularly the latter, are astounded by the architecture, colours and sheer splendour of the Palace, and that there is unlikely to be anyone who leaves feeling negative or even discriminated against?

[Tom Brake]

I am happy to agree with that comment.

Oral Answers to Questions

Debate between Jim Shannon and Tom Brake

Thursday 21st April 2016 Commons Chamber

[Tom Brake]

I echo what the hon. Gentleman has said about the dedication of House of Commons staff. I am sure that he will be aware of the training opportunities that are regularly publicised through the “Learning News and Activities” brochure. Staff have plenty of opportunities for promotion and, for instance, retraining, if that is something that they wish to undertake.

[Jim Shannon (Strangford) (DUP)]

I want to put on record my support and gratitude for the amazing work that the House employees do for us all. We are grateful to them, and we should do all we can to support them in any ventures in which they want to take part. Does the right hon. Gentleman agree that it should be a priority to provide further training opportunities for employees who want to progress, both in the House and outside it?

[Tom Brake]

I thank the hon. Gentleman for his question. If he is aware of any staff who have put in a request for a particular type of training that is not currently available, I would certainly like to know about that, and I would be happy to pursue the matter.

Oral Answers to Questions

Debate between Jim Shannon and Tom Brake

Thursday 21st January 2016 Commons Chamber

[Tom Brake]

Again, the appropriate authorities will have heard the hon. Lady’s question. Like her, I think it is important that we recognise the very important role that women have played, and continue to play, in politics, and I hope that will be reflected in what is on offer in the bookstores.

[Jim Shannon (Strangford) (DUP)]

It is very important that the House of Commons sets the agenda for gender equality. The right hon. Gentleman has outlined some of the things that have been done, but what more is being done to let people outside this House know that we are leading the way and setting the examples in raising gender equality issues?

[Tom Brake]

Independent assessments are carried out of how Parliament addresses the issue of equality. For instance, members of the public could look at Stonewall’s assessment. That puts Parliament nearly in the top quarter, so progress is being made. More still could be done, but that is a very good way for members of the public to assess the progress we are making.