Maina Kiai, UN Special Rapporteur on freedoms of peaceful assembly and of association, concluded a two week visit to the US with a press conference on July 27 in Washington, DC, where he released his preliminary findings.  Kiai addressed a wide scope of topics, from policing of demonstrations to labor rights to counterterrorism. His visit took him to Washington, Baltimore, Ferguson, Phoenix, New Orleans, Jackson, and the political convention sites in Cleveland and Philadelphia. The findings on the effects of counterterrorism laws on humanitarian, peacebuilding and other nonprofits resulted in a call for the U.S. to “bring its counter-terror legislation and practices in compliance with international human rights law.”

Key quotes from the section on counterterrorism (last section in the report):

“I am concerned that US counter-terrorism legislation unduly curtails the right of associations to engage in humanitarian and peace building work abroad. The Antiterrorism and Effective Death Penalty Act (1996), amended by the USA Patriot Act of 2001, prohibits a wide range of support to terrorism but does so in a way that jeopardizes the right to freedom of association in the process. For example, the act imperils the work of associations providing critical peace trainings to actors suspected to be related to terrorism. Similarly it complicates the work of humanitarian organizations in areas where terrorist actors are active. In the same manner grantmakers supporting this type of activities are put at risk of criminal liability.

“I believe that these restrictions have disproportionate effects on legitimate civil society organizations, some which may even have been unintended by Congress. I therefore encourage the Government to urgently review the relevant legal stipulations, mindful that “restrictive measures must be the least intrusive means to achieve the desired objective and be limited to the associations falling within the clearly identified aspects characterizing terrorism only. They must not target all civil society associations” (A/HRC/23/39, para. 23).

“I note with satisfaction that since 2009, no association has reportedly been prosecuted or closed down under the counter-terrorism framework. However, this does not mean that a future Government will not resume prosecution. In practice, this legislation has had a severe chilling effect on associations willing to provide relief work to vulnerable populations. I therefore urge the authorities to amend this framework so it complies with international human rights norms and standards.

“My attention was also drawn to the Partner Vetting System (PVS) and Risk Analysis and Management (RAM), developed by the US Agency for International Development (USAID) and the State Department, whose goal is to prevent terrorists, their supporters or their affiliates from benefitting from funds managed by domestic non-governmental organizations (NGOs). The PVS is currently being tested in five countries (Guatemala, Kenya, Lebanon, the Philippines and Ukraine). While the purpose of this initiative is sound, it is feared by many NGOs that such system will lead local partners to believe that they are used by the US authorities to gather intelligence, and as a consequence will compromise existing and future working relationships with such partners.

“Domestic NGOs informed me that this vetting system is in fact not necessary as they already vet local partners by using lists provided by other Government agencies. I therefore call on the authorities to rethink this system, in consultation with domestic NGOs.

“Let me add that I salute the US Government for its efforts in working with civil society organizations towards the recent revision of Financial Action Task Force’s Recommendation 8.

“I call on the US Government to bring its counter-terrorism legislation and practices in compliance with international human rights law. In the absence of a national human rights institution tasked with monitoring the fulfillment of the State’s obligations under international human rights law and standards, the Government should consider allowing embedded ombudspersons in all federal agencies to ensure that no human rights violations are committed.”

Read the Special Rapporteur’s full statement here.