Bi-weekly News and Opinion Roundup - March 16, 2023

C&SN Speaks at a High-Level Civil Society Event at the United Nations

At an event hosted by the Global Center on Cooperative Security, Ashleigh Subramanian-Montgomery, C&SN’s Associate Director, Policy and Advocacy, delivered an intervention from the floor urging UN Member States to remember the adverse impacts counterterrorism measures have on civil society and civilians ahead of their review of the UN Global Counter-terrorism Strategy (GCTS). Read the full story at C&SN. (Mar. 10)

U.S. Supreme Court Hears Anti-Terrorism Act Case Against Twitter: Implications for Civil Society Could Be Significant

The upcoming Twitter v. Taamneh Supreme Court decision could broaden interpretation of the Anti-Terrorism Act (ATA) and make non-government organizations (NGOs) legally vulnerable if their activities are conducted in proximity to foreign terrorist organizations. Katherine Tomaszewski provides legal analysis at C&SN. (Mar. 9)

International Women’s Day: Special Rapporteur’s Short Film Highlights Gendered Impacts of Counter-Terrorism

The film provides a snapshot of how counterterrorism disproportionately affects women, girls, and the LGTBQIA+ community and showcases civil society’s critical work in documenting and defending human rights. Read more at C&SN. (Mar. 8)

C&SN Opportunity Spotlight

Consider registering as a C&SN Member (no financial commitment required) to receive our weekly Opportunity Spotlight Newsletter, where we share all upcoming opportunities for civil society input, webinars, events, and working groups on key issue areas such as sanctions, material support, financial access, lawfare and more.

Sanctions Enforcement: Lessons Learned from 2022 and How to Prepare Going Forward

Dechert LLP law firm provides an overview of sanctions developments across the U.S., EU, and UK, as well as guidance for organizations on sanctions risk-mitigation. View the report at Lexology. (Feb. 2023)

Congress, Biden Split on Designating Wagner Group as Terrorist Organization 

Despite pressure from U.S. lawmakers to label the Wagner Group as a foreign terrorist organization (FTO), the Biden administration has refrained from the designation due to concerns of complicating relations with various African states that employ the mercenary group. Laura Kelly reports at The Hill. (Mar. 12)

The Potential Consequences for Africa of an FTO Designation of the Wagner Group

Not only would an official FTO designation compound pre-existing socio-economic challenges in the numerous African states where the government employs the Wagner Group, but would also create a chilling effect for civil society delivering services in regions where the mercenaries are active. Naman Karl-Thomas Habtom writes for Lawfare. (Mar. 7)

Label Mexican Cartels as Terrorists, Says Former Gov. Hutchinson

Former U.S. diplomats argue FTO designation would provide the U.S. few, if any tools they don’t already have in taking on the drug lords, and risks offending Mexican governments. Additionally, designation could cause a chilling effect amongst civil society organizations working at the community level fearful of breaking U.S. counterterrorism laws. Alexander Ward and Matt Berg report at POLITICO. (Mar. 13)

Graham and Kennedy Push for Designation of Mexican Drug Cartels as Foreign Terrorist Organizations

The proposed bill would include the following cartels under the FTO designation: Senile Cartel, Jalisco New Generation Cartel, Gulf Cartel, Los Zetas, Northeast Cartel, Juarez Cartel, Tijuana Cartel, Beltran-Leyva Cartel, La Familia Michoacana. Savannah Hulsey Pointer reports at Epoch Times. (Mar. 8)

Joint Statement of the Quad Ministerial Meeting in New Delhi

The Quad, which includes the governments of Australia, India, and Japan, announced the creation of a new counterterrorism working group, “which will explore cooperation amongst the Quad, and with Indo-Pacific partners, to counter new and emerging forms of terrorism, radicalization to violence, and violent extremism.” Read the statement at United States Department of State. (Mar. 3)

EU ‘Foreign Agents’ Law Spooks NGOs

Reports suggest the European Union is drafting a law that would force nongovernmental organizations (NGOs), consultancies, and academic institutions to disclose any non-EU funding as part of a crackdown on foreign influence. Nicholas Vinocur reports for POLITICO. (Mar. 13)

Georgia Drops Bill on ‘Foreign Agents’ After Two Nights of Violent Protests

The “foreign agents” bill proposed by Georgian parliament was modeled after the controversial Russian bill and would have undermined freedom of press, human rights, and civil society. Following Tbilisi protests, officials stated it would “unconditionally withdraw the bill we supported without any reservations”. Pjotr Sauer reports for The Guardian. (Mar. 9)

Supporting Civil Society in Acute Crises

The Global Public Policy Institute examines crises in Belarus, Sudan, Lebanon, and Mali, and provides key findings and recommendations to help guide donors to better support civil society efforts. The findings indicate that civil society actors can be even more consequential political players in crisis than often assumed. (Mar. 14)

Banking While Muslim

From closed accounts and denied transactions to investigations, Muslims are the most likely faith group to report challenges with financial institutions. Youssef Chouhoud’s data driven report can be found at the Institute for Social Policy and Understanding (ISPU). (Mar. 14)

Africa’s ‘Big Two’ Economies Punished for Lack of Action Against Terrorist Financiers

The Financial Action Task Force (FATF) placed Nigeria and South Africa on the “greylist” and asked for “effective implementation of targeted financial sanctions and to identify individuals and entities” suspected of funding terror to be removed from the list. In other contexts, FATF compliance has been used by governments as a pretense for targeting dissenting civil society organizations. Darren Taylor writes at The Epoch Times. (Mar. 10)

Counter-terrorism 'Rhetoric' Used to Justify Rise of Surveillance Technology: Human Rights Expert

UN Special Rapporteur Fionnuala Ní Aoláin highlighted how exceptional justifications for surveillance technologies often turn into mundane regular use that negatively impacts freedom of movement, expression, peaceful assembly, and the right to privacy. Read the full story at UN News. (Mar. 14)

UN Experts Stress Urgent Need to Ensure Child Rights While Implementing Counter-Terrorism and National Security Measures

In 2019 over 36,000 children were detained as part of national security measures, and this figure only continues to grow despite its prohibition under international human rights law. Read more at ReliefWeb. (Mar. 14)

UN Rights Office Denounces as Illegal Nicaragua's Move to Strip Dissidents of Citizenship

President Daniel Orteg has stripped human rights defenders, journalists, activists, and social and political leaders of their Nicaraguan citizenship under the pretense of national security. Lisa Schlein reports for Voice of America. (Mar. 3)

Breaking Down Barriers to Emergency Earthquake Aid in Syria

Rachel Alpert and Alyssa Bernstein on Just Security provide analysis on the logistical and bureaucratic barriers that held up aid delivery to Syria following the devastating earthquake. (Mar. 16)

UN Says Parties to Syrian Conflict Prevented Access to Areas Affected by Earthquake

"Both [the Syrian regime and opposition] impeded cross-line aid to affected communities, while al-Qaeda-linked Hayat Tahrir al Sham in northwestern Syria refused cross-line aid from Damascus." Beyza Binnur Donmez writes for Anadalou Agency. (Mar. 13)

Liberal Government Tables Bill to Allow Aid Groups to Operate in Taliban-controlled Afghanistan

The Canadian government proposed a bill that would tweak Canada's terrorism financing laws to allow foreign aid organizations to provide support in Taliban-controlled Afghanistan and other terrorism hotspots. John Paul Tasker writes for CBC News. (Mar. 9)

Syria Earthquake: Why Did the UN Aid Take So Long to Arrive?

Legal experts argue that the UN did not need to wait for the Assad regime or the UN Security council to allow access to the rebel-held northwest territory, which took over a week to open after the earthquake. Rosie Garthwaite reports for BBC. (Mar. 7)

Christian Aid Claims It Was Subject to Act of ‘Lawfare’ By Pro-Israel Group

The UK-based NGO opens up on a bruising legal battle with a pro-Israeli advocacy group, describing it as an act of “lawfare” aimed at inflicting financial and reputational damage on organizations that do charitable work with Palestinians. Lizzy Davies writes for The Guardian. (Mar. 2)

A Pivot to Prevention: How the 118th Congress Can Prevent Violent Conflict & Build Peace Globally

Alliance for Peacebuilding’s briefing book highlights the need for congress to address outdated counterterrorism and countering violent extremism laws that prevent facilitating sustainable peace. (Feb. 28)

The Lawfare Podcast: A New Sanctions Approach for Humanitarian Assistance

Last year, the Biden administration and the UN Security Council installed ground breaking carve outs for humanitarian assistance into sanctions regimes. Legal and policy experts discuss long-standing issues surrounding humanitarian assistance and what these policy changes may mean in conflict zones. Listen to the podcast on Lawfare. (Mar. 14)

USA: Sanctions Against Individuals Abroad Violates Due Process Rights

"The United States has for years been imposing sanctions on individuals and entities without national criminal jurisdiction and in the absence of universal jurisdiction," said UN Special Rapporteur Alena Douhan. Read more at UN News. (Mar. 9)

U.S. Sanctions Relief for Syria Troubles Assad Regime Opponents

Raja Abdulrahim at The New York Times highlights long-standing tactics used by the Assad regime to divert aid for a political agenda, methods which are accentuated as aid continues to pour in for earthquake disaster relief. (Mar. 5)

An Interpretive Note for UN Member States on Security Council Resolution 2664

Radhika Kapoor, Dustin A. Lewis, and Naz K. Modirzadeh examine how UN Member States will bear principal responsibility for implementing humanitarian sanctions protections as mandated in resolution 2664. Read the report at Harvard Law School. (March 2023)