
Civic space in Bhutan is rated as ‘obstructed’ by the CIVICUS Monitor. There continue to be concerns about media independence, access to information and the chilling effect of defamation laws on journalists and critics. Further, there are political prisoners from the 1990s convicted under the draconian and vaguely-worded 1992 National Security Act (NSA) who are serving life sentences.
At the Universal Periodic Review (UPR) of Bhutan by the UN Human Rights Council in November 2024, there were calls for the government to ratify the International Covenant on Civil and Political Rights and to establish an independent national human rights institution.
Other calls include to review new funding requirements for civil society, repeal defamation laws and release political prisoners.
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Civil society groups concerned about new funding requirements
Ahead of the UPR, the Committee on the Rights of the Child noted with concern the restrictions placed on the registration and activities of civil society organisations under the amended Civil Society Organisations Act 2022 and urged Bhutan to remove restrictions on the registration and activities of civil society organisations, including the requirement to establish an endowment fund.
As of September 2024, public benefit organisations (PBOs) in the country were required to set up an endowment fund of at least Nu 3 million (USD 34,650) while mutual benefit organisations (MBOs) need to raise Nu 1.5 million (USD 17,320). In addition, CSOs must also submit an operational fund reserve to meet recurrent expenses: Nu 1 million (USD 11,150) for PBOs and half a million (USD 5,770) for MBOs. The availability of these funds will be one of the criteria for renewing the CSO registration certificate.
Due to these requirements civil society groups are struggling, saying the financial burden could strain their limited resources and hinder their ability to fulfil their objectives.
In August 2024, the Civil Society Organisation Authority (CSOA) announced a time extension for the endowment fund deadline. Under the revised guidelines, PBOs now have four years to amass their endowment while MBOs have to raise it in three years.
In November 2024, states made recommendations to the Bhutanese government at the UN Human Rights Council to create a safe and enabling environment for civil society, including by eliminating restrictive financial requirements for civil society organisations to legally operate and by lifting onerous restrictions on the registration and activities of civil society organisations under the amended CSO Act (USA and Ireland).
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Concerns around freedom of expression
Concerns were also raised by the UN about the possible impact of defamation laws on freedom of opinion and expression. UNESCO recommended that Bhutan decriminalise defamation and incorporate it into the Civil Code.
Defamation and libel are criminal offences under articles 317 and 320 of the Penal Code. These offences carried a punishment of fines and a maximum of three years of imprisonment.
As previously documented, defamation laws have been used in Bhutan against journalists. Due to such laws, Human Rights Watch has noted that journalists and ordinary citizens have described a prevailing atmosphere in which they felt unable to publicly discuss issues deemed “controversial” by the authorities, including on social media.
In November 2024, UN member states called on Bhutan to promote the right to freedom of expression for members of the press and media, including by ending the imprisonment of journalists for activities linked to the exercise of this right and decriminalising defamation.
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Detention of political prisoners
There were also calls for the government to grant amnesty to all individuals detained for peacefully expressing political views or participating in political activities (Portugal).
As previously documented, HRW said it had identified at least 36 people convicted of political offences following unfair trials that frequently relied on confessions coerced under torture. They are referred to in Bhutanese law, and by prison officials, as rajbandi (state or royal prisoners), “anti-national” or “political prisoners.” Most of these prisoners were convicted under the draconian and vaguely-worded 1992 National Security Act (NSA) and many have been imprisoned for decades, serving sentences of life without parole and are denied contact with their families or the outside world, in violation of international standards.