activism

• LEBANON: ‘The world seems to be starting to forget Syrian refugees’

  CIVICUS speaks about the situation of Syrian refugees in Lebanon withSerene Dardari, Middle East Regional Communications Manager, and Mahmoud Abdullah, Lebanon Bekaa Area Manager of American Near East Refugee Aid (Anera).

  Founded in 1968, Anera is a US-registered civil society organisation (CSO) dedicated to helping refugees and others hurt by conflicts in Jordan, Lebanon and Palestine (West Bank and Gaza). Working with partners on the ground, it mobilises resources for immediate emergency relief and for sustainable, long-term health, education and economic development.

  What is the situation of Syrian refugees in Lebanon?

  The human rights situation of Syrian refugees is getting worse by the minute. Freedom to work is almost non-existent. Right from the start Syrians were officially not allowed to work in most sectors, so they typically rely on informal jobs in services, agriculture or construction, where they get no insurance or benefits and are exposed to all kinds of labour abuses.

  While the situation for Syrian refugees in Lebanon has always been difficult, COVID-19 and the subsequent lockdown hit them very hard economically. As well as affecting host communities, the pandemic impacted on Syrian refugees with extra severity. Because Lebanese labour laws relegate refugees to the informal economy, they are dependent on gig work and daily jobs, usually in the service sectors. So they were particularly affected by the shutdown of the entertainment and food industries. 

  Because of school closures due to COVID-19 as well as ongoing teachers’ strikes to demand unpaid salaries, Syrian refugees have no place to study. Their freedom of movement has also been affected: everywhere in Lebanon there are notices warning that Syrians are only allowed to move around at certain hours. It’s starting to feel like full-blown segregation.

  It should be noted that Lebanon is already extremely segregated politically and religiously and has an extremely toxic and traumatic relationship with Syria. The presence of a large, mostly Sunni Muslim, Syrian community only adds to the political tension, to the point that violent clashes could erupt any time.

  With Lebanon’s ongoingeconomic crisis, the situation is hard for everyone, both locals and refugees. But on top of struggling economically, refugees are also facing growing xenophobia. Because Lebanese communities are struggling to put food on their tables, the narrative of refugees being a burden on society is becoming increasingly popular. When the Lebanese currency and politics were more stable, someone on an average salary could feed a whole middle-class family, but now they can barely get some petrol for their car. The idea that Syrian refugees are taking everything from Lebanese people is widespread, and reactions are becoming increasingly hostile and violent. When people see international funding going towards Syrian refugees, they get enraged.

  Many people think refugees are taking away potential aid that should go to Lebanese people. So on top of the livelihood challenges, refugees also face stigma, negativity and hostility, all of which affects their psyches. This isn’t happening just in Lebanon.Turkey is another example of this. The scenario is the same throughout the region: Syrian refugees are being blamed for everything.

  International factors such as fluctuations of the US dollar, political turmoil everywhere and the war in Ukraine are also affecting funding for Syrian refugees. So when it is most needed, funding is going to decrease. We have recently received a message that part of the assistance for Syrian refugees will be cancelled.

  Which are the most vulnerable groups of refugees, and why?

  Syrian women are for sure the most vulnerable among Syrian refugees, for several reasons. Their access to sexual and reproductive health centres, and to education, is truly low. There’s a general lack of knowledge and awareness of these issues and early marriage is frequent. In refugee camps such as those in Bekaa, Syrian women and girls are often exposed to gender-based and sexual violence. Those living in tent settlements know their chances of reporting sexual harassment and being heard are very, very low. Being a Syrian female refugee in Lebanon means dealing with toxicity and violence at all levels. 

  Children and young people are next in terms of their vulnerability. We are talking about early marriage, child labour and no prospects of accessing education or future employment opportunities. They have no access to proper medical attention either. If they get into an accident, they will wait in line for hours to be seen by a doctor. The most dangerous thing, however, is their lack of prospects. 

  What is Lebanon’s status regarding international refugee law?

  Lebanon hasn’t even signed the1951 Refugee Convention and is violating refugees’ rights by pushing them to ‘willingly’ go back to Syria. Lebanon should be bound by international law to protect these refugees, not to return them to unsafe territory.

  Unlike Turkey, the tents and places where Syrian refugees mostly live in Lebanon are privately owned. These private owners are Lebanese people profiting from refugees, who they make pay rent. They must pay electricity to have one bulb they can switch on and off inside the tents. They must be the only refugees on the planet who have to pay rent for the space they occupy!

  These rights violations are enabled by the fact that Lebanon has not signed the Refugee Convention. Syrian refugees are not officially considered refugees, which deprives them of their basic rights as refugees. This grey area is very dangerous.

  Refugees themselves aren’t aware of the laws that could protect them. They come from a country where they were never encouraged to inform themselves about and claim their basic human rights – which was one of the reasons they left. Upon arrival in Lebanon, they aren’t informed about their basic rights, so they are mostly unaware of them. And even if they knew what their rights are under international law, they have no guarantee these rights are going to be protected in Lebanon because nothing binds the Lebanese state to that law. 

  How does Anera promote the human rights of refugees?

  Anera is a humanitarian and development organisation. We are not a rights-based organisation, but we contribute to the protection of the basic human rights of refugees. Our role is to fill in the gaps left by the government to help refugees access education, work and healthcare, among other rights. 

  We work across several sectors, from livelihoods to food security. We try to create synergies between them to address several needs at once. We work with refugee families in both the north and south of Lebanon through agriculture support. We provide them with tools and technical education to grow and sell their produce. As for food security, we have programme in partnership with the United Nations Office for the Coordination of Humanitarian Affairs in Lebanon that provides hundreds of families with regular food parcels and cash assistance so they can purchase what they need. 

  One of our biggest programmes distributes free medicine. Each year we help mobilise medical supply shipments worth millions of dollars from international partners around the world and distribute them to refugee centres.

  We work to prevent child marriage through a cash transfer programme, using cash assistance as an incentive for families to keep their girls in school. And throughout our operations, we make sure all our partners abide by all humanitarian guidelines and standards when it comes to child protection and protection from sexual exploitation and abuse. Towards that end, we offer training and constantly do monitoring work. While we don’t directly provide safe spaces for victims and survivors, we work closely with other CSOs and grassroots groups that do so.

  It is worth mentioning that we always take the community aspect into consideration so as to balance things. For instance, our food programme also distributes food to the Lebanese population. 

  What challenges do you face?

  Thepolitical situation in Lebanon is very challenging. The fact that the government often has a hostile attitude towards Syrian refugees and is trying to return them to unsafe territories is a big obstacle. Government corruption also has a negative impact on our work with refugee communities, as it affects us on an organisational and funding level. 

  We also face challenges coming from the refugee communities where we work. An example of conflict happened recently in the context of a project on child marriage that we implemented due to the increase in child marriages among Syrian refugees in Lebanon. Because of the economic crisis, more families are encouraged to marry off their daughters at a younger age. Our project faced pushback by the refugees themselves. It seems that toxic coping mechanisms such as child marriage are easier for them in the short term.

  What support do organisations working with Syrian refugees need from the international community?

  Everyone in Lebanon is vulnerable right now: Syrian refugees, Palestinian refugees and Lebanese people. The situation of Syrian refugees is stagnant right now, but everything else is worsening. 

  What’s needed is more advocacy and more funding for all communities to balance the help provided and avoid conflict. We need to calm things down and bring stability. We could also use some technical support at a government level when it comes to refugee management.

  The narrative around Syrian refugees needs to change so they are not viewed as a burden but as human beings in need of help.

  The question all Syrian refugees ask themselves is what’s next. If the situation in Syria doesn’t get better and Syrians are forced to leave Lebanon, they will try to get to Europe, or anywhere else offering some kind of opportunity. We need more global engagement to determine what will happen next. Collective work is vital.

  The world seems to be starting to forget these refugees. The topic trended on social media for a while at the beginning but then attention was captured by floods in Nigeria, war in Ukraine andrepression in Iran. No one is talking about Syrian refugees anymore.

  So much is going on in the planet. There are so many crises erupting all at once. But the fact that new crises are happening doesn’t mean the situation of Syrian refugees has improved and the issue disappeared.

  The international community must remember Syrian refugees and the Syrian crisis. Human rights defenders must advocate for the rights of Syrian refugees – because if they don’t, who will?

  Please help us change the narrative and remind people of Syrian refugees.

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  Civic space in Lebanon is rated ‘obstructed’ by theCIVICUS Monitor.

  Get in touch with Anera through itswebsite orFacebook page, and follow@AneraOrg on Twitter.

• LESOTHO: ‘We need constitutional protections for press freedom and access to information’

  CIVICUS speaks about press freedoms in Lesotho with Kananelo Boloetse, chairperson of the Lesotho Chapter of the Media Institute of Southern Africa (MISA Lesotho).

  Established in 1996, MISA Lesotho is a civil society organisation (CSO) dedicated to monitoring, investigating and reporting on violations and promoting media freedoms and the freedom of expression through research, advocacy, collaboration and capacity development.

• LIBERIA: ‘Anyone who committed crimes during the civil wars should be prosecuted, wherever they are’

  

  CIVICUS speaks about the current war crime trial against former Liberian rebel commander Kunti Kamara with Adama Dempster, Secretary General of Civil Society Human Rights Advocacy Platform of Liberia.

  Civil Society Human Rights Advocacy Platform of Liberia is a civil society network that brings together human rights civil society organisations (CSOs) across Liberia to advocate for human rights and bring justice and redress to the victims of human rights violations.

  What is the significance of the ongoing trial of Kunti Kamara?

  Kuinti Kamara’s trial is significant because it offers hope to the victims and survivors of Liberia’s civil wars, and especially to the direct victims of the atrocities he committed. It is also an indication that no one is above the law regardless of the position of power they occupy.

  Kamara is the former commander of the United Liberation Movement of Liberia for Democracy. a rebel group active in the early 1990s. He stands accused of imposing a state of terror on the population of Lofa, a county in north-western Liberia, during the first civil war from 1989 to 1996, which left a quarter million people dead.

  Widespread atrocities – unspeakable crimes – were committed in Liberia. Kamara is charged with crimes against humanity, torture and acts of barbarism. He appears to have been involved or complicit with the forced recruitment of child soldiers, gang rapes, sexual slavery, looting, extrajudicial executions and even cannibalism. Nobody who commits such crimes should be able to avoid judgment.

  Kamara is among the second group of people to be prosecuted for their role in the civil wars. His trial has recently begun at a French Court of Appeals in Paris, where he is being prosecuted under the legal principle of universal jurisdiction, according to which crimes against humanity know no borders.

  This means that no matter where the perpetrators find themselves, whether in the country where they committed their crimes or anywhere else, they can still be held accountable, and justice can be served. CSOs on the ground have had the opportunity to speak in trials involving Liberians abroad and victims and survivors have had their say. The international community is helping us seek justice by bringing the accused to trial. That makes it unique and important to the quest for justice in Liberia. 

  How does civil society in general, and your organisation in particular, work for justice and accountability?

  Since the civil wars ended in Liberia in 2003, civil society has played a leading role in seeking justice by investigating and documenting human rights abuses committed during the time of the conflict, advocating against the culture of impunity and helping victims, including by raising their voices.

  To live in an environment that recognises human rights, we must first deal with unaddressed human rights violations that happened in the past. While we advocate for improving the current human rights situation, we also advocate for past human rights violations to be addressed so we can move forward.

  Civil Society Human Rights Advocacy Platform of Liberia is a coalition of human rights CSOs. Along with the Global Justice Resource Project, a global digital platform that connects local CSOs seeking justice around the world, we document war-related atrocities committed in Liberia and work to make sure those responsible are prosecuted.

  We understand that our society is still traumatised by the civil war, so we work to create awareness, educate and sensitise local communities on human rights issues. We train local human rights community-based CSOs across Liberia so they can also carry out advocacy work and help victims and survivors.

  Advocacy is one of the strong elements of our work, which we use to shift the understanding of human rights issues at the national and regional levels so violations can be addressed. Our advocacy involves engaging with stakeholders from relevant institutions, the government and the international community. We specifically work with foreign governments so that any individual who committed crimes in Liberia during the civil wars can be prosecuted regardless of where they are in the world. Diaspora advocacy is also part of our work.

  Over the years we have engaged in the follow up of the recommendations of the Liberian Truth and Reconciliation Commission (TRC), issued in 2009 and not yet implemented. We also conduct workshops with university students so they can learn about the importance of the TRC’s recommendations and measures the government should adopt to implement them.

  We have had the opportunity to engage with the United Nations (UN) Human Rights Council’s Universal Periodic Review process by submitting a shadow report on the human rights situation in Liberia, and with the UN Human Rights Committee, where we participated in the review of the implementation of the TRC’s report.

  Have you faced any challenges in the course of your work?

  We have faced several challenges in doing our work. As human rights defenders we face continuous risk and are threatened by the very fact that we live among the people who committed the unspeakable crimes we work to bring justice over.

  We have been placed under surveillance, followed and monitored by various groups that feel targeted by our work. People working on war crime cases have been threatened directly or indirectly through text messages and on social media. There is no law or policy to protect human rights defenders in Liberia. But because we want to see human rights recognised and respected, we continue to take the risk and carry on our work regardless of the threats.

  Following up on the recommendations of the TRC report for more than a decade has also been challenging due to lack of political will and technical and funding support for advocacy around their implementation. Most organisations involved urgently need technical capacity to be able to continue their work. 

  What are the chances that Kamara’s trial will bring justice?

  The Kamara trial has given Liberians hope that when crimes are committed, there is a possibility of justice being done. The fact that charges were brought and Kamara was put on trial made us believe justice will be served. It is also an opportunity for the accused to prove his innocence.

  The trial also made us more hopeful that the Liberian government will realise it must urgently implement a mechanism capable of bringing justice in the country. We understand this might take time due to lack of resources and capacity, but a plan should be put in place towards that end. Kamara’s trial highlights the importance of establishing a mechanism in Liberia so that other people who stand accused can be brought to justice and victims and survivors can receive justice no matter the time or place.

  The recent visit to Liberia by the US Ambassador-at-Large for Global Criminal Justice, Beth Van Schaack, was a strong signal of support for our efforts to bring accountability and has given us a sense of hope and of being on the right path to challenging the culture of impunity.

  What kind of support does Liberian civil society need from the international community?

  We need the international community to encourage our government to live up to its responsibility to bring accountability and justice to its citizens when their human rights are violated. Our government has not shown the required political will so far, but we believe pressure from the international community will make it see the urgent need to hold perpetrators of war crimes accountable. The government should request support from the international community, including technical and financial support to establish a court to that end.

  Funding is also needed to set up programmes to support victims and survivors. Most people who were sexually exploited during the wars have not even had the opportunity to seek medical help. So we also need the international community to help us put together and fund programmes bringing trauma counselling for victims, survivors and their families.

  Read more here.

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  Civic space in Liberiais rated‘obstructed’by theCIVICUS Monitor.

  Get in touch with the Civil Society Human Rights Advocacy Platform of Liberia through itsFacebook page.

• MALAYSIA: ‘Young voters could be Malaysia’s kingmakers

  

  CIVICUS speaks with Tharma Pillai, co-founder and Advocacy Director of Undi18.

  A youth civil society organisation (CSO) born out of the student movement, Undi18 successfully advocated for the amendment of article 119(1) of Malaysia’s Constitution to reduce the minimum voting age, allowing people over 18 to vote in the 19 November 2022 election.

  How did Undi18 start and what was your objective?

  In 2016, my co-founder and I were both studying in the USA and that year’s election inspired us. I came from a sciences and technology background, where most people don’t really care about these things. But seeing democracy in action and our US classmates engage with the electoral process made us reflect on our inability to vote in our home country, Malaysia. It was quite interesting that because they had the right to vote, they felt the responsibility of helping choose the best possible leader for their country.

  We started thinking of ways to replicate these practices and bring this kind of energy into Malaysian university campuses. It was only natural for us to focus on the right to vote because voting age in Malaysia was 21, which meant that a high proportion of college students were ineligible to vote. This did not happen in the USA, where the minimum voting age is 18. By 2016, some of our US classmates were voting for the second time in their lives, while I had never yet had the chance. We thought that would have to change 

  When we did our research, we realised that our demand was not radical at all, and in fact it was long overdue. We were one of only eight countries in the entire world with a minimum voting age as high as 21. We launched Undi18 – which means ‘Vote18’ – as soon as we came back to Malaysia. Our single focus was on the amendment of article 119(1) of the Federal Constitution to lower the voting age from 21 to 18.

  What tactics did you use to campaign for change?

  To make sure we had a stronger voice, in the first year we ran a digital advocacy campaign, something unheard of in Malaysia, where most civil society work and campaigning take place very much on the ground. We came into existence as a hashtag movement in February 2017.

  At the time we were not registered as a CSO. We didn’t have funding. Our team was very small. The campaign was our passion project. But due to effective digital mobilisation, it looked like we had so many supporters. That prompted the media to pick up on our story. We were always willing to work with people of all political leanings.

  Many Malaysian CSOs tend to side squarely with the opposition because for a long time our country had one-party rule. We of course worked with the opposition, but we also engaged with other parties. That also made us open to engaging with whoever criticised our movement and addressing any grievances directly.

  In addition to the digital campaign, we started off a petition and a memorandum to the prime minister. Unfortunately, we didn’t get too far with the government. We knocked on many doors and talked to many people, but the government viewed young people as inclined to vote for the opposition, so they disliked the idea of lowering the voting age for reasons of political calculation. But we gained traction with the opposition, which raised the issue in their manifesto. This gave us a lot of leverage when the opposition eventually came to power in 2018. They had promised to deliver change on this issue.

  How did you engage with the parliamentary process?

  As soon as the new government was inaugurated, we tried to convince them to introduce an amendment bill, but there were challenges. No constitutional amendment had ever been passed in Malaysia by a government without a parliamentary supermajority of two thirds, and this new government only had a simple majority. It took a year for the government to finally greenlight the
  initiative.

  But not having a supermajority, the government needed to negotiate with the opposition. We did our best to engage with political parties across the spectrum, especially those in the opposition, to convince them that this was not a partisan initiative and all could benefit, them included. We pleaded with them to support the bill for the sake of young people, democracy and Malaysia’s future. Luckily, the then-Minister of Youth and Sports was a very strong ally of ours and helped us navigate these obstacles.

  Thanks to these efforts, in July 2019 this became the first constitutional amendment in Malaysia’s history to pass with 100 per cent of the votes in the lower and upper houses of parliament.

  Were there any implementation challenges?

  There were postponements and delays. The agreement with the opposition was that the law would be implemented within two years. The two-year timeline was unusual, but necessary due to the technical difficulties entailed by the new automatic voter registration system.

  Repeated promises were made that this would be done by July 2021.But another change of government slowed things down, as the new government thought young voters would vote against it. In March 2021, it announced implementation would be postponed until September 2022 at the earliest, but it didn’t provide a clear date.

  We campaigned against this postponement and held protests across Malaysia, which grew to include larger issues fuelling public anger, including the economic situation, the shutdown of parliament and the poor management of the COVID-19 health crisis. We also sued the government. We filed a judicial review against the prime minister, the Election Commission and the government of Malaysia for postponing the implementation of the UNDI18 Bill beyond the due date. The High Court decided in our favour and ordered the federal government to implement the bill by 31 December 2021. Due to public pressure that was sustained thanks to the protests, the government decided against appealing the verdict and complied. As a result, the bill was finally implemented on 15 December 2021, and when the updated voter rolls were published one month later an additional 5.8 million voters had been included in the system and 18-year-olds could officially vote in the next election.

  What were the main elements of the amendment?

  The amendment had three components. First, it lowered the voting age from 21 to 18. Second, it also lowered the minimum running age to 18, meaning you could become an elected member of parliament at that age. And third, it established automatic voter registration for anyone turning 18.

  The 2022 elections were the first in which people between 18 and 21 cast their ballots. An additional 5.8 million new voters were added to the electoral roll issued in January 2022. Malaysia being a country of 33 million, this was quite a number.

  In Malaysia, ‘young voters’ are defined as those between 18 to 40 years old. After the changes, they account for 51 per cent of the electoral roll, up from 40 per cent. This means young people could make change happen. Malaysian politics are dominated by old people. At one point we had the oldest prime minister in the world – a 93-year-old man. Now for the first time, young voters could be Malaysia’s kingmakers. This is why youth turnout is a key element to watch when analysing the results of this election.

  Change started happening even before the polls opened. In the run-up to the election, many senior leaders were replaced with younger candidates in order to appeal to young voters. Overall, the number of young and new candidates increased. And all parties had more youth-centric manifestos, addressing some of the concerns expressed by young people, such as corruption, climate change, the state of the economy and healthcare.

  What more needs to be done to make policymaking more inclusive of younger people?

  I think Malaysia needs political rejuvenation, and that can be done through education. Our society gives too much power to older people, who of course don’t want to let go of it, whether it’s in government, civil society, politics, or business. To change things, you must train young leaders – but nobody is doing this kind of work. At Undi18 we are doing our best to fill that gap so that young people can take up the space, gain power and get ready to be the country’s next leaders.

  We strongly believe that informed voters are integral to democratic success, so we have been working with the Ministries of Education and Higher Education to advance educational programmes to address this issue systemically. We want educational curricula to emphasise democracy so the democratisation process beginsin schools. Some topics such as constitutional rights, human rights and the functions of the parliament are already in the syllabus, but they’re not emphasised enough.

  We also have our own programmes. We run outreach campaigns on social media platforms. We are quite active there as most of our target audience is there. We also run outreach programmes in schools and universities to educate students about their rights. And we have corporate, civil society, government and international partners to ensure we reach as many people as possible.

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  Civic space in Malaysia is rated ‘obstructed’ by the CIVICUS Monitor.
  Get in touch with Undi18 through its website and follow @UNDI18MY and @TharmaPillai on Twitter.
• MEXICO: ‘Civil society is a retaining wall against government malpractice’

  CIVICUS speaks with Carlos G Guerrero Orozco, a Mexican lawyer and co-founder and president of Human Rights and Strategic Litigation-Mexico (DLM Mexico), about a recent victory of Mexican civil society in defence of civic space.

  DLM Mexico is a civil society organisation (CSO) that promotes human rights and the strengthening of the rule of law in Mexico by providing strategic litigation advice and promoting accountability.

  What constraints does civil society experience in Mexico, and how is it working to preserve civic space?

  Historically, Mexican civil society has been a retaining wall against government malpractice. For playing this role, which the authorities can find uncomfortable, it has been subjected to restrictions, particularly denial of legal recognition of organisations and their functions.

  The state has reacted to the work of civil society by limiting its ability to act as a monitor, watchdog and check on power. In the legal area, it has sought to limit its capacity to undertake legal processes and generate accountability. One way of doing this is by disregarding the legal standing that allows CSOs to initiate appeals for protection and other proceedings to protect rights.

  Under Mexican law, CSOs whose mission is to defend the human rights of groups such as children, Indigenous people, survivors of gender-based violence, victims of corruption or public mismanagement and people deprived of their liberty can claim legal standing by virtue of these groups’ special situation with the legal system.

  DLM Mexico provides advice to CSOs, collectives, citizen groups, citizen participation committees and human rights defenders involved in strategic litigation cases, providing them with tools to strengthen their capacities in court and overcome obstacles they may face in proving their legal standing in the case.

  Another way of constraining civil society is to target CSO authorities and hold them criminally liable for actions taken in the course of their work. This is what happened with a recent reform of the Mexico City Penal Code. The reformed code’s article 256 equated CSO leaders with public officials and specified that public servants – and therefore also CSO leaders – could be liable for corruption offences. By including CSO directors and managers in the definition of ‘public servants’, it extended to them the criminal liability public servants are under.

  A particular concern was about the broad and imprecise wording of the definition of the crime of corruption as the conduct of anyone who ‘performs or fails to perform what the law requires them to perform or refrains from performing what the law forbids, in order to obtain an undue advantage of any nature, including financial, for themselves or for a third party’. This undoubtedly opened the door to arbitrary treatment.

  The publication of the reformed Penal Code brought concern from various quarters, but particularly civil society, which issued a joint communiqué expressing its alarm.

  DLM Mexico filed a request with the Mexico City Human Rights Commission to exercise its power to challenge laws deemed unconstitutional. Days later, the Human Rights Commission filed an action of unconstitutionality before the Mexican Supreme Court.

  How was the case resolved, and what do you think its impact will be?

  This month the Supreme Court discussed and resolved the case, declaring article 256 unconstitutional and void.

  The Court established that, according to article 108 of the Constitution, it is not permissible to extend the definition of public servant to people who do not hold a position within the structure of the state. It also considered that the classification of CSO directors and managers as public officials was potentially prejudicial to their rights and freedoms because it created undue criminal consequences for private individuals. It clarified that the fact they receive public funds does not justify extending the penalties applicable to public servants to private individuals who manage CSOs.

  This decision safeguards the rights of CSO leaders and ensures they can continue their work without fear of unfair criminal repercussions.

  Although the case focused on Mexico City’s legislation, the ruling put a brake on other states’ intentions to include in their legislation sanctions against CSO staff for their activities, used to silence the voices of civil society. This is particularly relevant in a country where the judiciary is neither robust nor independent.

  The Court’s decision is testament to the power of civil society advocacy and the importance of protecting civic space. It is a reminder of our collective ability to challenge and overturn laws that threaten our democratic freedoms.

  What other issues are on civil society’s agenda when it comes to the rule of law and democratic freedoms?

  Unfortunately, under the current administration there have been several issues that both civil society and the private sector have had to address. The president and members of his party use aggressive discourse towards civil society that is openly restrictive of civic space and hostile to judicial independence and autonomous bodies. The government has restricted access to public information, de-emphasised the protection of personal data, undermined the National Anti-Corruption System and downplayed Mexico’s crisis of enforced disappearances at the hands of organised crime.

  DLM Mexico’s agenda has focused on strengthening the National Anti-Corruption System by addressing the problem of underreporting of corruption, calling for registration and transparency of beneficial ownership of companies and training officials to better investigate acts of corruption in civil and administrative matters.

  Civil society’s reaction to defend against institutional erosion and the deterioration of the separation of powers was recently seen on the streets when many people mobilised in Mexico City and other cities across the country in the ‘March for Democracy’. A few weeks before the start of the June presidential election campaign, people mobilised against the government’s attacks on the National Electoral Institute, in defence of the independence of the judiciary and autonomous bodies and against the president’s undue influence on the electoral competition and his polarising attitudes.

  Although there was no shortage of opposition politicians who tried to exploit it for political gain, the mobilisation was basically a defensive reaction by civil society to government abuses. Before marching, protesters presented a list of demands. However, far from providing any response, the government has hardened its positions even further.

  Fortunately, Mexico still has strong institutions, as well as strong private and social sectors that take an interest in public issues. This tempers the risks to our democracy regardless of which party’s candidate wins the presidential election.

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  Civic space in Mexico is rated ‘repressed’ by theCIVICUS Monitor.

  Get in touch with DLM Mexico through itswebsite and follow@DLM_Mx on Twitter and@dlmx on LinkedIn.

• MEXICO: ‘When climate activism threatens powerful interests, it is labelled on the same level as terrorists and drug traffickers’

  CIVICUS speaks about the role of civil society and its expectations for the upcoming COP28 climate summit with María Reyes, a young human rights and environmental activist from the Mexican state of Puebla.

  María is part of the Indigenous Figures (Futuros Indígenas) collective, made up of peoples, including young people, from Mexico and Central America. She participates in the global south division of Fridays for Future (FFF), an organisation that fights for environmental justice and advocates for action in the face of the climate emergency.

  What are Mexico’s main environmental problems?

  Generally speaking, Mexico is very vulnerable to the climate crisis. Water scarcity is a central issue, partly caused by droughts, but also by infrastructure problems, as many people do not have access to piped drinking water, and by very poor distribution and overexploitation of aquifers by private companies. If we add to the existing drought the fact that in many communities there are companies that obtain concessions through non-legal and non-transparent means and appropriate the little water that is left, the situation for people becomes unbearable.

  Mexico is one of the most dangerous countries to be an activist and environmental defender. In the southeast of Mexico there is a series of transnational extractive megaprojects, such as the Interoceanic Corridor and the ‘Mayan Train’, which threaten the environment through logging and water extraction, and displace wildlife, expropriate territories and resources, harm people and commit human rights violations. Local communities, particularly Indigenous communities, are criminalised when they oppose these megaprojects that are imposed on their territories without any consultation and without their consent or through the staging of rigged consultations.

• NEPAL: ‘The TikTok ban signals efforts to control the digital space in the name of national sovereignty’

  CIVICUS speaks about the recentTikTok ban in Nepal with Anisha, provincial coordinator for Gandaki Pradesh at Body and Data.

  Founded in 2017,Body and Data is a civil society organisation promoting an accessible, safe and just digital space for all people in Nepal. Anisha, known by her digital name Aneekarma, oversees a project focused on online expression by women and LGBTQI+ people and leads Body and Data’s digital rights initiative in Nepal’s Gandaki province. 

  Why did the Nepali government ban TikTok?

  The government has cited multiple reasons for banning TikTok. It cited concerns about a rise in cybercrime, the disruption of social harmony – mainly due to the circulation of ‘vulgar’ content that ‘damages societal values’ – and TikTok’s perceived promotion of a ‘begging culture’, as content creators use it to seek money or gifts from their audience during live sessions. They also invoked the fact that the platform is being banned in some global north countries, although those bans normally apply only to government phones.

  Ultimately, it all boils down to an attempt to restrict freedom of expression. TikTok has grown to be a significant platform. It serves a diverse audience including housewives, older people, small business owners and entrepreneurs. Recently, people began using TikTok to voice opinions and exercise free speech against the authorities, provoking anger and fear among political leaders who have stepped up surveillance.

  How will this ban impact on digital rights?

  Nepal is a democratic country where freedom of speech and expression are fundamental, and the ban on TikTok has raised concerns about these rights being compromised. These concerns have been exacerbated by the government’s plans to introduce a separate bill aimed at tightening control over social media.

  The enforcement of the TikTok ban infringes on the basic rights of freedom of expression and access to information. The platform was used not just for entertainment and for small enterprises to promote their products and services but also as a channel to share diverse opinions, engage in creative expression and amplify the voices of excluded communities, particularly women.

  Bans on popular social media platforms add complexity to the ongoing international debate regarding digital rights. There are growing concerns surrounding the intersection of technology, free expression and governance in the digital age. The TikTok ban sparks discussions on the delicate balance between government regulation and individual liberties.

  What potential privacy or security concerns arise from users shifting to other platforms?

  Because of TikTok being banned, users have started to migrate to alternative platforms, which raises further privacy and security concerns. It is paramount that digital rights are safeguarded during this transition.

  User education and awareness campaigns on privacy and security best practices are needed to enhance digital literacy. Users must be confident that their personal information is well protected. Transparent data practices, including clear information on data collection and usage, are vital for building user trust and enabling informed decision-making.

  The influx of new users to alternative platforms may also introduce potential cybersecurity threats. Platforms should continuously invest in security measures such as encryption protocols, regular audits and prompt vulnerability fixes. It is also essential to implement user authentication and verification mechanisms to mitigate risks such as fake accounts and identity theft.

  The situation in Nepal raises additional concerns due to the government’s limited understanding of cybersecurity. The absence of consultation with experts before this type of decision is made poses severe risks, as evidenced by instances of people’s personal data being exposed and government websites being hacked.

  The TikTok ban only made the gap in the oversight of data privacy clearer. A comprehensive approach is required to address these issues, integrating technological measures, transparent policies, education initiatives and regulatory frameworks to ensure robust safeguards for user privacy and digital rights.

  What are the global implications of the growing trend of TikTok bans?

  The growing trend of countries considering or implementing bans on TikTok due to security concerns reflects a global unease surrounding potential risks associated with the platform. Often intertwined with geopolitical tensions, the TikTok ban signals broader government efforts to control the digital space in the name of national sovereignty. These bans underscore an intensified scrutiny of data privacy and security practices on digital platforms, with governments expressing reservations about the potential misuse of user data.

  This trend is reshaping the global tech landscape, prompting questions about the dominance of specific platforms and the role of international tech companies. Governments face a significant challenge in striking a delicate balance between encouraging innovation and implementing regulations to address security and privacy concerns.

  As users encounter bans on TikTok, they may migrate to alternative platforms, fostering increased competition and influencing user demographics and content trends. This trend emphasises the need for international collaboration on digital standards and regulations to address security concerns and establish a framework for responsible behaviour in the global digital arena.

  Ultimately, bans on TikTok carry broader implications for the future of digital platforms, shaping discussions on user awareness, advocacy and the delicate interplay between innovation and regulation in the evolving digital landscape.

  How can governments regulate platforms without compromising people’s rights to free expression and privacy?

  Governments face the complex challenge of regulating social media platforms to combat misinformation and disinformation while also safeguarding their citizens’ rights to free expression and privacy. Sophisticated strategies are required to achieve a balance between national security imperatives and global digital rights.

  Just as TikTok has established its own guidelines regarding harmful content, governments can collaborate with technology companies to define clear and transparent standards for social media conduct that do not compromise people’s right to express their opinions, but rather that counteract misinformation. It is crucial to implement robust fact-checking mechanisms and foster media literacy to empower users to distinguish between reliable and deceptive information.

  International collaboration to standardise regulations is key to preventing the infringement of digital rights across borders. The adoption of privacy-enhancing technologies, such as end-to-end encryption, preserves individual privacy while facilitating uninhibited self-expression. It is paramount to recognise that state-controlled surveillance and censorship directly threaten our freedom of expression. Rather than resorting to outright bans, governments should prioritise measures that address concerns about misinformation and privacy to strike a nuanced balance that safeguards fundamental rights.

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  Civic space in Nepal is rated ‘narrowed’ by theCIVICUS Monitor.

  Get in touch with Body and Data through itswebsite orInstagram page,and follow@bodyanddata and@aneekarma on Twitter.

• NETHERLANDS: ‘No government should allow transfers of weapons to a state committing war crimes’

  CIVICUS speaks with Frank Slijper, Arms Trade project lead at PAX, about a recent court victory in a case brought jointly with Oxfam Novib and the Rights Forum against the Dutch government for exporting arms to Israel that are being used in the assault on Gaza.

  PAX is the largest peace organisation in the Netherlands. It works to protect civilians against acts of war, end armed violence and build inclusive peace.

  Why did you bring a lawsuit against the Dutch government?

  We brought this lawsuit to stop our government exporting military equipment to Israel. PAX does research into the arms trade in countries that violate human rights and approaches those who finance it by appealing to their social responsibility. Oxfam and the Rights Forum share our values, so we decided to sue the government together. We had previously called on it to stop giving Israel free rein in Gaza but the government had not acted on our calls, choosing instead to continue supplying Israel with F-35 fighter jet parts despite the rapidly deteriorating situation.

  No government should allow transfers of weapons to a state committing war crimes. If there was ever a clear case of why this is so, this is it.

  Given the urgency of the situation we had to act quickly, and so we did, Merely four weeks after we learned about these exports to Israel, through a government leak posted by the NRC newspaper, we were in court making our case.

  What did the court decide?

  On 12 February, the Court of Appeal in The Hague ordered the Dutch government to stop all transfers of F-35 fighter jet parts to Israel within seven days, given the clear risk of violations of international humanitarian law by Israel. The court ruled that after 7 October 2023 the minister of Foreign Affairs was obliged to reassess the licence for the export and transit of F-35 parts to Israel and that this assessment should conclude that further export and transit must no longer be permitted. In addition, the court stated that such an assessment cannot be ‘weighed’ against other interests such as potential damage to diplomatic relations or economic interests. It also made clear that any ‘general’ arms transfer licence for an indefinite period must include a reassessment trigger in case the situation changes drastically, because otherwise the very idea of arms export controls would be undermined.

  The court also made clear that violations of international humanitarian law don’t need to be proved and that a ‘clear risk’ of such violations suffices. It found it ‘sufficiently plausible’ that F-35 fighter jets were involved in violations of international humanitarian law while also pointing out that there’s no requirement to prove a direct link between a specific weapons transfer and the alleged violations of international humanitarian law.

  Importantly, the court rejected claims by the government that information provided by human rights organisations such as Amnesty International and by United Nations (UN) special rapporteurs could not be credibly verified. Instead, it said that such sources must be taken ‘extremely seriously’.

  It also reaffirmed the very important role of civil society organisations in monitoring and ensuring the implementation of state obligations under the Arms Trade Treaty (ATT).

  The government had a week to comply with the court ruling and said it would do so. Sadly, however, it didn’t agree with the Appeals Court verdict and announced it would take the case to the Supreme Court for a final decision.

  Are you taking any further steps in relation with the Dutch government’s approach to the Israel-Palestine conflict?

  The Dutch government claims it is taking a balanced approach, speaking to both sides, when in fact it has refused to clearly condemn Israel, voted alongside the USA against UN resolutions that condemn Israel and demand an immediate ceasefire, and has refused to stop supplying weapons to Israel. Yes, it has enabled airdrops of medical supplies, but that is nothing more than a basic humanitarian obligation.

  In all the years our government has taken this supposedly balanced approach, not much has been achieved and a solution has not come any closer. More Palestinians have been forcibly displaced and illegal Israeli settlements have grown. We keep advocating for practical steps and measures to stop these violations and for an end to military cooperation between the Netherlands and Israel.

  For now, we are awaiting the last part of the legal process, and we have no choice other than keep defending our case, as we have successfully done so far.

  Do you expect this court ruling to have any international repercussions?

  The Appeals Court’s broad analysis of states’ obligations under the ATT and the European Union Common Position on Arms Exports makes this ruling an important source for any other organisation considering litigation. This case has been incredibly important for the future of arms export control, because it is the first time Dutch judges have set out so clearly and in such detail the government’s obligations to implement export controls. Governments that export arms must ensure that their exports comply with obligations under the ATT.

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  Civic space in the Netherlands is rated ‘open’ by theCIVICUS Monitor.

  Get in touch with PAX through itswebsite orFacebook page, and follow it onTwitter andInstagram.

• NIGERIA: ‘People experience gross rights violations because of their sexual orientation or gender identity’

  CIVICUS speaks about the situation of LGBTQI+ rights in Nigeria and the ongoing impacts of the British colonial legacy with Olaide Kayode Timileyin, executive director of Queercity Media and Productions.

  Queercity Media is a civil society organisation (CSO) that promotes the rights of LGBTQI+ people in West Africa through advocacy and communications.

  What is the current situation of LGBTQI+ people in Nigeria?

  Nigerian LGBTQI+ people are marginalised. They experience gross violations of their rights because of their sexual orientation or gender identity, including extortion perpetrated by state actors such as the police and military as well as non-state forces such as local boys, landlords and bosses. Other violations include blackmail, mob attacks, assault and battery.

  It is very traumatic to live in an environment that discriminates against you and puts your life in danger. Homophobia is a huge problem. It is disheartening to see cisgender heterosexual people threaten the lives of LGBTQI+ people.

  Does Nigerian legislation discriminate against LGBTQI+ people?

  Yes, Nigerian laws discriminate against LGBTQI+ people. Two major laws criminalise LGBTQI+ people: the Criminal Code Act and the 2013 Same Sex Marriage (Prohibition) Act. Under these laws LGBTQI+ people are not allowed to get married or carry out their advocacy activities. In addition, their way of life is not considered to be normal because it goes against social norms. As a result of these laws, members of our communities are arrested and their rights systematically violated by the police.

  A few states, such as Lagos, also have local laws that criminalise LGBTQI+ people. In the past year Queercity Media has recorded two murders of LGBTQI+ people that were clearly linked to homophobia. In response to these we have held a nationwide digital campaign, with over a hundred people signing our petition on one of the cases.

  It is very unfortunate that we have not seen any form of government response in these cases, or any other hate crime committed on the basis of sexual orientation or gender identity. Instead, rights violations against the Nigerian LGBTQI+ community have only increased. For example, a recently proposed cross-dressers bill further targets and aids the targeting of queer people.

  It is clearly necessary to work on the integration and reintegration of LGBTQI+ people as active members of Nigerian society. Criminalisation not only cripples the socio-economical capacity of this population but also disempowers LGBTQI+ people from active participation in nation-building.

  What does Queercity Media do, and what kind of backlash have you faced?

  We are a community-based media organisation whose four cardinal points are productions, events, campaigns and archiving. These represent our strategic departments, namely Queercity Productions, GLOW UP Pride, Queercity Campaigns and The Nigerian LGBT+ Museum of Arts.

  As well as the rights violations that some of our staff, myself included, have experienced at the hands of the Nigerian police because of our work, the comments section of our Facebook page can sometimes be quite scary. This is one of our main ways of being in direct contact with everyday Nigerians, and it is mostly filled with negative comments or aggressive arguments among strangers.

  Sometimes we learn from these reactions to better design our campaign language and approach. However, funding is a major problem for us and many LGBTQI+ organisations in West Africa, as no one seems to be interested in LGBTQI+ people, organisations or businesses, so we are often self-funded. Lack of access to proper funding also massively limits the reach we have compared to mainstream media organisations.

  How can the international community support LGBTQI+ people fighting for their rights in Commonwealth countries?

  Sadly, partnerships across Commonwealth countries on LGBTQI+ rights and movement-building is slow, and I do not know the reason for this. But I believe if we could find organisations doing the same work we are doing in other Commonwealth countries, it should be easy to create networks and partnerships to foster each organisation’s strategic goals in their home countries.

  The international community and international civil society could help by recognising the socio-political nuances of working with local LGBTQI+ organisations and the need to be more flexible with their partnership and funding approach. That way, the advocacy work of organisations and activists living in contexts of restricted civic space will be enhanced and they will be able to better promote the rights of LGBTQI+ people.

  Civic space in Nigeria is rated ‘repressed’ by theCIVICUS Monitor.
  Get in touch with Queercity Media and Productions through itswebsite orFacebook andInstagram pages, and follow@PrideInLagos on Twitter. 

• NIGERIA: ‘The federal government and ASUU at some point made it feel like our education doesn’t matter’

  CIVICUS speaks with Benedicta Chisom about the current student mobilisation that is calling on Nigeria’s government to respond to teachers’ demands and end the strike by the Academic Staff Union of Universities (ASUU). 

  Benedicta is a student at Nnamdi Azikiwe University in Nigeria and a creative writer. Being directly affected by the ASUU strike, she has worked on social media to create awareness about it and its underlying issues.

  How did the #EndASUUStrike movement start, and what does it want to achieve?

  The #EndASUUStrike started with students’ protests at the University of Benin and Ambrose Ali University, Ekpoma, and then snowballed into an online movement. Its message is simple: we want to go back to school.

  Students just want to voice their grievances over the strike. Both the federal government and ASUU at some point made us feel like our education doesn’t matter. They keep going back and forth with the matter while our academic year is wasted. Every time teachers go on strike, we become passive spectators, just waiting on them to decide when to end it. We had to remind them that we matter too, and that it is our education and future that is at stake.

  The protest was our way of demanding that the federal government and ASUU come to a final agreement so that teachers stop going on strike every single academic year. As a result of the strikes that have happened since 2020, we have lost more than 12 months of our academic career.

  It would be a shame if the students that come after us continue to face the same challenges. Recurrent strikes need to end with us, this year. We want a five-year course to take five years of schooling, not more.

  How has the government responded so far?

  In February, President Mohammed Buhari mandated a trio composed of his chief of staff, the minister of education and the minister of labour and employment to address the disagreement with ASUU over the strike. The Minister of Labour met with the other unions – the National Association of Academic Technologists, the Senior Staff Association of Nigerian Universities and the Non-Academic Staff Union of Educational and Associated Institutions – which went on strike in support of ASUU. He assured the public that the government is tackling disputes in the educational sector holistically and acknowledged that some issues causing the crisis are economic, including funding for the revitalisation of universities and workers’ welfare.

  But ASUU and the students are angry at the government’s undivided focus on the upcoming 2023 general election, as though students and their education did not matter. The union also condemned the rush to purchase the ruling All Progress Congress party’s presidential nomination forms by politicians even though money is one of the reasons for the strike. It accused the ministers of labour and education of insensitivity.

  According to Independent Electoral Commission, more than half of registered voters, 51.1 per cent, are between the ages of 18 and 35. Many of them are students, and how will students believe in the government if their voices aren’t heard by the people they vote for? At some point we had hopes for change but now that the strike has been extended by 12 weeks, I can’t say much. But we are positive the mobilisation will drive home our grievances to some extent.

  What do you think striking teachers should do?

  For students, the strike is frustrating and disheartening. We are told to stay home without any idea of when we will return to school. I have spent a whole semester at home, and what was supposed to be a five-year course increased to six years. Our lives are put on hold; this affects not only our academic progression but also our life plans. Education workers should be more flexible with their demands and have more empathy towards students.

  What should the government do?

  There are many things the federal government can do to ensure that both the needs of students and education workers are met. The government must offer a good agreement to ASUU and begin to implement it immediately. It must also start paying unpaid allowances and salaries. This will give students back their right to education and stabilise the economy. The strike has done a lot of damage already.

  One of the first things the government could do is adopt the University Transparency Accountability Solution (UTAS) as a preferred payment option instead of the system currently used. UTAS was created by Nigerian experts and must be run and maintained locally, so it will encourage local innovation and provide employment. It has passed the test and ASUU has agreed to improve it. It has become a bone of contention, so there is a big chance the strike will end once it is adopted.

  Most significantly, the government must set out a strategy and timeline to come up with the billion-dollar funding required to revitalise universities. This will show ASUU and students that they are indeed working towards restoring public universities.

  What kind of support do you need from the international community? 

  Social media has made the world a global village, so I am sure people in other parts of the world are aware of the protests and strikes in Nigeria. We need more voices to put pressure on our government to take immediate action. It would be of great help if students in other countries and Nigerians in the diaspora could help share the #EndASUUStrike hashtag, repost our posts and share our tweets to add momentum to the movement.

  Civic space in Nigeria is rated ‘repressed’ by theCIVICUS Monitor.

• NIGERIA: ‘The government is more willing to negotiate with terrorists than with striking teachers’

  CIVICUS speaks with Olorunfemi Adeyeye about the current student mobilisation that is calling on Nigeria’s government to respond to teachers’ demands and end the strike by the Academic Staff Union of Universities (ASUU). 

  Olorunfemi is a student activist and member of the Fund Education Coalition, which works to raise awareness about the importance of Nigerian public universities and is currently supporting teachers by taking part in the #EndASUUStrike movement.

  How did the #EndASUUStrike movement start, and what does it want to achieve?

  The origins of the campaign are in the Fund Education Coalition movement, a coalition of Nigerian student groups advocating for education rights. #EndASUUStrike started when student organisations came together and called for students to be at the forefront of the struggle for their rights to quality public education. It uses the grievances of the ASUU strike to highlight what students need to have on their respective campuses.

  The demands of the ASUU strike include several issues that concern Nigerian students directly. For instance, the union has raised the need to revitalise public universities. This is of great importance to students, who are the direct victims of underfunding. The campaign to properly fund education demands the revitalisation of laboratory equipment, which is in poor state, and fixes to the problems of overcrowded lecture halls and moribund campus health centres, among other key aspects. The union also frowns at the proliferation of universities and seeks an amendment to the 2004 National Universities Commission Act. The establishment of more universities, while existing ones are poorly funded, has become a constituency project for Nigerian rulers. Almost everyone in the ruling class wants to have one in their backyard. This is just unacceptable. We are fully in support of the strike, which also highlights issues surrounding the poor remuneration of lecturers.

  What the Fund Education Coalition wants is for the Nigerian government to accede to workers’ demands in the educational sector. And not just to ASUU’s: the Senior Staff Association of Nigerian Universities and the National Association of Academic Technologists are also on strike. With all education workers currently on strike, it was only rational for students to join them.

  Have you established any connections with student movements facing similar challenges in other parts of the world?

  Social media platforms have made it easy for us to share information about the #EndASUUStrike movement, reaching a vast audience across the world. Unfortunately, however, we have not yet had the chance to get in contact with any international student organisations facing similar issues.

  As student activists, when things happen in other countries we lend voices to help each other – for instance, when the #FeesMustFall movement erupted in South Africa the Alliance of Nigerian Students against Neoliberal Attacks, an organisation I led in 2018, released a statement of support. We hope the same will also happen with the #EndASUUStrike. International solidarity among all the oppressed people in the world is key.

  To counter the government’s propaganda that ASUU is on strike because it feels it can gain some concessions due to the approaching elections, it should be noted that this isn’t a new problem. Interestingly, there are no new problems in Nigeria. Our issues date back a long way. Strikes similar to the current one have been happening since the 1980s and the issues they point to continue to affect generation after generation of Nigerians.

  We are still dealing with the same issues, as the government systematically fails to fulfil its promises and implement the agreements reached with unions. Our issues are perennial and endemic, but even though they may be different from those faced by young people in other countries, we are still open to collaboration with as many organisations from around the world as possible.

  How has the ASUU strike affected you?

  As students it is very unfortunate that we must go through this again. It is an endless cycle of spending very little of your time in class and most of it on the streets fighting for your right to education.

  When ASUU goes on strike, it not only affects academic activities, but also the economic and social life of everyone in the academic community. There are students who depend on universities being open because they sell academic textbooks, stationery or equipment to make a living. There are also people who run businesses within universities as a means of providing for their families. All these have been disrupted. The strike has affected everyone.

  As student activists, some of our activities have been affected and we have not been organising as we normally would on campuses. We hope the federal government will agree to ASUU’s demands so things can go back to normal.

  What do you think education workers should do?

  First, I need to clarify that students have a good relationship with ASUU and the other educational workers’ unions. We are all partners in the education sector. As students, we have been able to present some of our ideas and thoughts to ASUU.

  An issue we discussed recently was that they should come out with a clear message against the government’s propaganda. The government has tried to convince people that it cannot accede to ASUU’s demands because there is no money to fund education. This is misinformation and propaganda, so we have asked ASUU to counter it with their own narrative and make it public. Everyone should understand why ASUU is striking and support their struggle. This will not only benefit teachers, students and their families, but it will also help us save public universities and ensure they are well equipped for ordinary citizens to attend.

  How has the government responded so far to both the ASUU strike and the #EndASUUStrike movement?

  The federal government has not responded to ASUU’s and students’ demands. Faced with strikes by other unions, such as the Airline Operators of Nigeria, the government reacted fast to prevent the suspension of airline services. But ASUU has been on strike for almost three months and the government has not even called them to a meeting. This serves as an indication that education is not really a priority for them. The government is more willing to negotiate with terrorists and bandits than to sit down and negotiate with academic workers.

  As a result, ASUU has decided to extend the strike by three more months, which means students will have spent close to six months without attending school.

  We hope we can put more pressure on the government so it will react to what is happening. We want the government to agree to a meeting with ASUU representatives and commit, this time, to solving the issues brought up at the meetings.

  What kinds of support do you need from the international community?

  As someone who is at the frontline of the struggle to protect a public education, I would say that the international community should put pressure on the Nigerian government to prioritise education.

  The government has been telling us it does not have money to fund education, but yet there is serious capital flight from Nigeria to other countries. The president has donated one million US dollars to Afghanistan and oil theft has grown. Who is stealing the oil? Not ordinary people. Who are contributing to oil theft, money laundering and massive capital flight, if not foreign nations? These monies are mostly not kept in our banks. We need our international allies to put pressure on the government to stop capital flight and instead invest in education. 

  International organisations should also help us put pressure on foreign governments, corporations and parastate actors to stop aiding and abetting the thievery in Nigeria. Nigeria has plenty of resources that should be put to the correct use, such as funding education.

  In addition, we need the international community to help us push our narrative through social media so that more attention is paid to the situation Nigerian students are dealing with.

  Civic space in Nigeria is rated ‘repressed’ by theCIVICUS Monitor.
  Follow@activistfemi on Twitter. 

• NORTH KOREA: ‘It is time for the international community to adopt a ‘human rights up front’ approach’

  CIVICUS speaksabout the activism of North Korean escapees with Greg Scarlatoiu, Executive Director of the Committee for Human Rights in North Korea (HRNK).Founded in 2001 and based in the USA, HRNK is a human rights organisationwith the principal objective of raising international awareness of North Korea's human rights situation.

  Is it possible to carry out any form of activism in North Korea?

  No form of activism is possible in North Korea. There is no civil society due to an overwhelming and unprecedented level of coercion, control, surveillance and punishment. The markets that emerged following the famine of the 1990s and the newly created domestic mobile phone network allow North Koreans to engage in limited forms of market activity, but even this is subject to state surveillance and control. Every North Korean, regardless of whether they are a member of the ruling party or a government official, belongs to a party-controlled organisation, such as the Youth League or the Women’s Union. Anecdotal information from sources inside the country suggests that there is sporadic opposition and resistance to state agents at the local level, but the regime has gone to extreme lengths to prevent the emergence of any organised opposition.

  Have there been any recent changes in how the North Korean regime responds to dissent?

  Under the pretext of COVID-19 prevention, the North Korean regime has intensified its crackdown on those attempting to smuggle in information from the outside world or attempting to access such information. In December 2020 the Supreme People’s Assembly, North Korea’s highest legislative body, passed the ‘Anti-Reactionary Ideology and Culture Law’. This law imposes severe criminal penalties on those who access or disseminate foreign content, including movies, dramas, music and books. The penalties are especially severe, up to a life sentence of hard labour, for those who smuggle in or disseminate South Korean media.

  How do people manage to escape North Korea?

  Leaving the country without official authorisation is regarded as treason in North Korea. To escape, North Koreans need the assistance of religious networks, international civil society organisations (CSOs) and brokers who operate in the China-North Korea border region. The author and journalist Melanie Kirkpatrick has called this escape route ‘Asia’s underground railroad’. In some cases, family members or relatives who have already escaped pay brokers to arrange the escape. The most common route is through China and Southeast Asia. Upon arrival in Thailand, the escapees either choose to go to South Korea or apply for asylum in other countries.

  However, since Kim Jong-un came to power in late 2011, the North Korean regime has intensified border security. The Chinese government has also taken steps that make it more difficult for the escapees to move inside China. In addition, the Chinese government has a longstanding policy of forced returns, whereby it repatriates any North Korean refugees arrested in its territory. This violates China’s obligations as a party to the 1951 Refugee Convention, since North Korean refugees face a credible fear of persecution upon return.

  This, combined with the COVID-19 border lockdown, means the number of escapees reaching South Korea has plummeted. The highest annual recorded number of arrivals to South Korea was 2,914 in 2009, but this fell to only 67 in 2022. The easing of COVID-related measures is likely to result in a greater number of attempts to flee.

  What kind of help do escapees receive?

  Most escapees choose to go to South Korea, as they are granted citizenship upon arrival under South Korea’s constitution. The South Korean government provides various forms of economic, educational and job training assistance to North Korean refugees. International and local CSOs also help them adjust to life in South Korea.

  The situation is still difficult for many escapees, given how different the two societies have become in over seven decades of division. According to the latest available data from South Korea’s Ministry of Unification, a total of 34,000 escapees have resettled in South Korea to date. Refugees who choose to go to other countries, including the UK and the USA, primarily receive help from CSOs and other escapees who have already relocated there.

  How do escapees work to document and denounce human rights violations in North Korea?

  North Korean escapees play a critical role, given their first-hand experience of life under the regime. Many refugees, including those who are survivors of North Korea’s detention facilities, provide vital testimony to CSOs that seek to document and raise awareness of human rights violations in North Korea. Escapee testimony has also played a critical role in the work of the United Nations (UN) Commission of Inquiry on Human Rights in North Korea, whose 2014 report concluded that the North Korean regime has committed crimes against humanity pursuant to policies determined at the highest levels of the state. Both the UN Special Rapporteur on the situation of human rights in North Korea and the Seoul office of the UN High Commissioner for Human Rights continue to work closely with North Korean escapees.

  Some refugees operate their own organisations. In addition to documenting and raising global awareness of the human rights situation in North Korea, they are often involved in sending outside information to North Korean people. Methods they use include radio broadcasts, leaflet balloons flown across the Korean demilitarised zone and rice and micro-SD cards in plastic bottles that are floated across the maritime border between the two Koreas. It is also common for individual escapees to send money to family members in North Korea with the help of brokers.

  How does HRNK support escapees?

  HRNK works closely with North Korean escapees to document and raise awareness of the human rights situation in North Korea. Given the lack of on-the-ground access inside North Korea, we employ a methodology that combines satellite imagery analysis, witness testimony and open-source investigation.

  Testimonies are often given by escapees who have already resettled in South Korea, although HRNK has sometimes obtained information through refugees with contacts inside North Korea. HRNK has held consultative status with the UN Economic and Social Council since April 2018 and reports to various UN bodies and hosts side events in Geneva and New York. We have facilitated the participation of North Korean escapees at these events to amplify their voices on the international stage.

  What further international support do diaspora activists need?

  North Korean activists need support from both private and public sources of funding. In general, North Korean human rights activists are overworked and underfunded. ‘Like-minded’ governments such as those of Japan, South Korea, the USA and others display interest in the issue but have often sidelined human rights concerns to focus solely on negotiating military, political and security matters. It is time for the international community to adopt a ‘human rights up front’ approach to North Korea, ensuring that human rights concerns are integrated into every aspect of its interactions with North Korea. Escapee activists will play a critical role in this effort.

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  Civic space in North Korea is rated ‘closed’ by theCIVICUS Monitor.

  Get in touch with HRNK through itswebsite or itsFacebook page, and follow@committeehrnk onTwitter.

• NORTH KOREA: ‘Since Kim Jong-un came to power, the surveillance and security system has increased dramatically’

  CIVICUS speaks about activism in the closed civic space of North Korea with Bada Nam, Secretary General of People for Successful Corean Reunification (PSCORE).

  Founded in 2006 and based in South Korea, PSCORE is a human rights civil society organisation (CSO) that works to improve human rights in North Korea, assist North Korean escapees settling in South Korea and address barriers to reunification of the two Koreas.

  Is there anything resembling civil society in North Korea?

  North Korea values organisational activities, requiring every citizen to participate simultaneously in several groups such as the General Federation of Trade Unions of Korea, North Korea’s Socialist Women’s Union and the Socialist Patriotic Youth League. All of them are government-organised and exert control over people rather than encourage critical thinking. Mentioning civic organisations from the outside world is strictly forbidden.

  Congregating and engaging in activism in any way critical to the regime is a serious criminal offence, with punishments that can extend to the death penalty. As a result, any such activity must be covert, and it’s difficult to obtain accurate information on the existence of an underground civil society.

  North Korea is a surveillance state, where people are always cautious about what they say, even to close friends and family members. It’s impossible to gather colleagues and engage in civic activities because everyone is made to monitor each other and failure to report treasonous crimes to the authorities would also result in severe punishment. Public criticism sessions and public executions are also examples of how the regime strikes fear into the population.

  People are deterred from opposing the government not only because of the extreme punishment they would face but also due to North Korea’s policy of guilt by association, which puts their close relatives at risk. The ‘Songbun’ class system classifies people according to their political loyalties, as ‘loyal’, ‘wavering’ or ‘hostile’, and family members may be demoted in this classification system, affecting their life opportunities, including career options and access to food rations. In serious cases, entire families may be sent to political camps and die from forced labour or starvation. Therefore, North Koreans don’t dare imagine opposing the government.

  Have there been any recent changes in the ways the North Korean regime responds to dissent?

  The North Korean government has always responded to dissent in an extreme manner. However, since Kim Jong-un came to power in 2011, the surveillance and security system has increased dramatically, making it nearly impossible to escape from North Korea. Extra security measures are in place along the borders and a shoot-to-kill policy is enforced against those trying to escape. The situation was exacerbated further during the COVID-19 pandemic when the China-North Korea border was closed, both halting trade and also impeding the flow of defectors.

  Information poses the greatest threat to the North Korean regime, especially due to the influence of the recent ‘Korean wave’ that has made South Korean popular culture increasingly prevalent. Most people in North Korea have been exposed to South Korean dramas and music, leading some to adopt South Korean manner of speech and fashion style. In response, the government has intensified monitoring, enacted strict laws and imposed severe punishments for consuming or distributing foreign media. The Pyongyang Cultural Language Protection Act, enacted in January 2023, explicitly prohibits the use of foreign languages and specifically bans South Korean terms such as ‘oppa’, which translates as ‘older brother’ and is used as a form of endearment for a boyfriend.

  How do people manage to escape North Korea?

  Most North Koreans escape across the border with China, often with the help of a broker. Brokers reach out to wealthy families in North Korea or help those who have escaped to China get to South Korea. Defectors in South Korea sometimes contact a broker to help other family members flee.

  China has a policy of forced repatriation for North Korean refugees, and its advanced surveillance system makes it extremely difficult to travel in China undetected. If apprehended and returned to North Korea, defectors and their families face severe punishment.

  Most North Korean refugees must travel through several countries before reaching safety. From China, they might flee to Mongolia and Southeast Asian countries such as Laos, Thailand and Vietnam. Many North Koreans end up seeking asylum in Thailand, where the government assists them and helps organise their journey to South Korea.

  What help do escapees receive?

  The assistance available to North Korean refugees depends on the laws and diplomatic relations of countries with North and South Korea. Civil society, including PSCORE, helps North Korean defectors settle in South Korea by teaching essential life skills. Thanks to our volunteer teachers, we focus on providing educational support, including English lessons and vocational workshops. In the past, we also assisted escapees in reaching South Korea but, unfortunately, this became impossible due to China’s growing securitisation and the impact of COVID-19.

  Once in South Korea, North Koreans must undergo a 12-week training programme at the Hanawon rehabilitation centre, where they learn various skills to adapt to the South Korean lifestyle and have access to medical treatment and mental health services. While the South Korean government has implemented programmes to assist refugees, the process of fully integrating into South Korean society is still difficult for people who have previously lived under the totalitarian regime. Psychological trauma from refugees’ journey to freedom may have lasting effects on their lives.

  How do escapees work to raise awareness and advocate for change in North Korea?

  There are many CSOs, mainly based in South Korea, that support North Koreans inside the country and abroad. Some organisations send messages, information, K-dramas and K-pop to North Korea using USB sticks. South Korean news outlets, such as Daily NK and NK News, have sources in North Korea that provide insights into the current situation. PSCORE and other North Korean human rights groups conduct interviews with defectors and publish reports based on their testimonies.

  Our primary activities involve organising public awareness campaigns through seminars and events. We also share short catchy videos on various North Korea-related topics via our social media channels. Our large international team of interns plays a crucial role in advocacy by translating our social media content into various languages. This makes our mission and content visible to the rest of the world.

  PSCORE was granted special consultative status with the United Nations (UN) Economic and Social Council (ECOSOC) in 2012, facilitating our engagement with the international community. We hold an annual side event at the UN Human Rights Council to share the latest information on North Korea’s human rights situation. We leverage international pressure to try to bring about change.

  What further international support do diaspora activists need?

  The topic of North Korean human rights is seen as a very political issue in South Korea. This means that CSOs are affected by each change of government, as policies toward North Korea shift with every administration. While PSCORE’s objective is centred on achieving peace and improving human rights in North Korea, we receive limited support compared to other CSOs due to the interpretation of our activities as politically charged, even though PSCORE is a non-partisan and non-religious CSO. Increased media exposure could help us secure more funding.

  Insufficient funding is a common challenge for North Korean human rights organisations. It hinders the potential to raise awareness and support refugees in South Korea. North Korean activists need more platforms to amplify their voices and continue advocating for change. Still, we hope that more donations will come as the international community becomes more interested in the cause of human rights in North Korea.

  Civic space in North Korea is rated ‘closed’ by theCIVICUS Monitor.

  Get in touch with PSCORE through itswebsite or itsFacebook andInstagram pages, and follow@PSCORE911 on Twitter.

• NORWAY: ‘On top of being environmentally irresponsible, deep-sea mining is unlikely to be profitable’

  CIVICUS speaks with Martin Sveinssønn Melvær, Materials and Industry Lead at the Bellona Foundation, about the bill recently passed by Norway’s parliament to allowcommercial-scale deep-sea mining.

  The Bellona Foundation is an independent civil society organisation that seeks to meet climate challenges by identifying and implementing sustainable environmental solutions.

  What’s wrong with commercial-scale deep-sea mining, and what should be done about it?

  The main problem with deep-sea mining is that it is starting up too fast, without fundamental knowledge about impacts on biology, ecosystems and carbon sinks. It entails a high risk of severe environmental consequences such as massive carbon emissions, the degradation of fish stocks and the extermination of potentially key species – including some that, for all we know, could have provided a cure to the next pandemic.

  Exploration and mining should be banned until the science base is sufficient to understand their impacts and how to mitigate them, and until preservation areas have been established. If science turns out to show that deep-sea mining can be done responsibly, it should be allowed to proceed, but it would still have to be strictly regulated.

  A second problem is the way deep-sea mining has been pushed in Norway. The government vastly exaggerates the amounts of mineral resources in Norwegian waters. The Geological Survey of Norway has stated that the Norwegian Offshore Directorate’s estimates have not been done according to established standards and they are exaggerated and therefore misleading. Independent experts have supported this claim and pointed out that if a private company had used a similar method to the Offshore Directorate, it would have qualified as fraud.

  A third problem is timing. The rush to allow deep-sea mining is based on a gross miscalculation. Seabed minerals are presented as a solution to the shortage of metals needed for the green transition. But forecasts by the International Energy Agency and other serious sources indicate that the mineral bottleneck, in which mineral supply will have problems meeting demand, will last about 10 or 15 years, while the most optimistic estimates indicate that commercial seabed mining in Norwegian waters will only be able to start between 15 and 25 years from now. The technology needed for deep-sea mining is still very immature and history shows that it takes many years of development to move new technology to an industrial scale. At Bellona, we believe the solution to the mineral bottleneck is not deep-sea mining but a strong focus on circularity combined with more sustainable mining practices on land.

  Why has the Norwegian government rushed to allow commercial-scale deep-sea mining?

  It’s difficult to understand why the Norwegian government would rush this process. My impression is that it’s overly eager to find a new industry that can create jobs as the oil industry declines, not realising, or not wanting to realise, that on top of being environmentally irresponsible, deep-sea mining is unlikely to be profitable. Even the main Norwegian oil company, Equinor, has warned against deep-sea mining and referred to the precautionary principle, which calls for the adoption of precautionary measures when scientific evidence about an environmental or human health hazard is uncertain and the stakes are high.

  Something that should also be factored in is strong pressure by Offshore Norge, the oil industry’s lobbying organisation. Although the main oil companies have not shown much interest in deep-sea mining, Offshore Norge has promoted it very actively. You could call it ‘petroholism’. Our government is used to giving the oil industry everything it wants.

  How have Norwegian environmental organisations advocated against the bill?

  We have participated in public hearings and drawn media attention to the major knowledge gaps and flawed governmental process. We have met with politicians and presented the facts, and although many politicians have listened, the government managed to gather enough support to pass the bill.

  Thanks to our advocacy, the bill passed in a slightly improved version that requires parliament to approve the first mining licences before mining can start. This gives us further space for continuing advocacy. We will keep fighting to stop licensing when time comes for parliament to discuss their approval.

  How have key stakeholders reacted to the new law?

  There has been a lot of criticism of the Norwegian process from various sources. Norwegian companies such as Morrow Batteries have signalled that they don’t want seabed minerals, while others, such as Storebrand Asset Management, have directly criticised the process.

  At the European level, many have reacted strongly. European Parliament members have voiced criticism. Two famous French activists, alongside actor Lucas Bravo, have criticised the process and travelled to Norway to protest. An online petition by Avaaz gathered more than 550,000 international signatures.

  Deep-sea mining should be stopped until current knowledge gaps have been filled. We encourage everyone to support a global moratorium on deep-sea mining.

  ---

  Civic space in Norway is rated ‘open’ by theCIVICUS Monitor.

  Get in touch with Bellona through itswebsite or Facebook page, and follow it onTwitter andInstagram.

• PAKISTAN: ‘They put a black hood over my face and took me to the airport’

  CIVICUS speaks with Syed Fawad Ali Shah, a writer and journalist from Pakistan, about the situation of journalists in his country and his experience of persecution, exile and deportation.

  In retaliation for his reporting on terrorism, crime, drugs, corruption and human rights, in 2011 Syed was kidnapped and tortured by Pakistani intelligence officers, forcing him to seek asylum in Malaysia. He remained there until August 2022, when he was deported back to Pakistan, allegedly because the Pakistani authorities falsely identified him as a police officer subjected to disciplinary proceedings.

  What is the situation for journalists in Pakistan?

  It is too easy to kill, kidnap or torture journalists in Pakistan. Many Pakistani journalists have sacrificed a lot for press freedom, which the Pakistani government has strangled. Journalists working for most newspapers and TV channels in Pakistan have not received their salaries for several months because critical newspapers do not receive government advertising, putting pressure on journalists.

  Why did you flee Pakistan in 2011?

  In 2011, I was kidnapped in Islamabad by the Pakistan Inter-Services Intelligence (ISI), precisely for raising my voice for the freedom of people forcibly disappeared by the ISI. I was also exposing corruption in the police and bureaucracy and reporting on terrorism and the Taliban.

  The ISI kept me in a secret, black hole-type jail for three months and 18 days. They released me on the condition that I quit journalism, leave the country, or work as a spy for them. I told them I would quit journalism, but it was impossible for me to leave the country or spy for the ISI.

  To save my life, I kept my word. The ISI freed me in April. In June, I was wounded in a bomb blast in Peshawar. After my name was published in a local newspaper, the ISI called me threateningly, accusing me of starting journalism again. I told them that I had not; I just happened to be there. In August, I reluctantly left my country. I travelled to Thailand and a few days later I arrived in Malaysia, where I was granted refugee status.

  What was your experience as a refugee?

  As a refugee registered with the United Nations Refugee Agency (UNHCR), I experienced many hardships. UNHCR cardholders are sometimes arrested in Malaysia, so I lived in fear of being deported back to Pakistan. During my 13 years in Malaysia, I moved from place to place to avoid arrest. I wrote for various newspapers and websites, reporting mostly on refugee issues and immigration policies.

  In 2016, UNHCR Malaysia referred my resettlement case to the United States Refugee Admissions Program through the International Rescue Committee (IRC). However, the US Department of Homeland Security (DHS) refused to resettle me in the USA due to alleged security issues. They gave me a series of reasons I could not be admitted as a refugee in the USA. I applied for reconsideration in 2016 but did not hear back from the DHS until June 2022.

  From 2016 to 2022, I waited for a response from the US government that never came. I finally asked the IRC to send my case file back to UNHCR Malaysia, which they did. I wrote hundreds of times to UNHCR Malaysia requesting resettlement in a safe country but got no response, although I sent them copies of the threats I received from the Pakistani government, the police report and the letter written to Interpol for my arrest. Other who became refugees after me were resettled by UNHCR, but I was stuck there. Pakistani intelligence officers stationed at the Pakistani High Commission in Kuala Lumpur often spied on me.

  How did your arrest and deportation happen?

  On 23 August 2022, at 9pm, I was abducted by Malaysian immigration officials in a joint operation with the Pakistani ISI in the Bangsar area of Kuala Lumpur. They took me to the Immigration Headquarters in Putrajaya, where they locked me up in the basement. On 25 August they put a black hood over my face and took me to the airport. Before taking me to the airport, they gave me a drug, saying it was for COVID-19, after which I fell unconscious. At the airport they removed the black hood and put me on a Pakistan International Airlines flight to Islamabad, with two ISI officers at either side. More than 30 people from Malaysian Immigration and the Pakistani diplomatic mission saw me off at the airport.

  When I arrived, the ISI sent me to an unknown prison in Islamabad without entering my data in the Federal Investigation Agency’s immigration system. I was detained for six months, during which time the Pakistani government did not acknowledge I was in Pakistan. But in March 2023, Malaysia’s Home Affairs minister finally acknowledged I had been deported and this was reported by international media.

  The authorities couldn’t hide me for longer and eventually handed me over to the Federal Investigation Agency’s (FIA) cybercrime wing, who slapped me with two fake charges under the Prevention of Electronic Crimes Act, 2016. After I received temporary bail, the judge was pressured by FIA’s cybercrime wing to fabricate further cases against me, so I am constantly afraid that the court will send me to jail. The ISI often oversteps its authority and kidnaps and disappears innocent people, which has led to thousands of cases pending in the Supreme Court of Pakistan without any result.

  What are your requests to the international community?

  I urge organisations working for the rights of refugees and journalists around the world, as well as the heads of all states that have signed the 1951 Refugee Convention, to provide me with protection and immediately relocate me to a safe country under special circumstances.

  I also urge the leaders of democratic states to put pressure on the Pakistani government regarding my situation and to provide me with a way to leave the country safely, as was done for Asia Bibi, who was resettled in France in 2020.

  Due to pressure from Pakistani security agencies, my passport has been blocked for 10 years, and my name has been added to the Integrated Border Management System of Immigration, forcing me to change location every day. I am unable to sleep due to fear. Every time there is a knock at the door I panic. My heart beats fast all the time and I have fallen ill many times.

  ---

  Civic space inPakistan is rated ‘repressed’by theCIVICUS Monitor.

  Follow@SyedFawadAli303 on Twitter.

• Pakistan: Joint letter on civic space violations against Pashtuns

  Dr Shireen M Mazari
  Federal Minister for Human Rights
  Ministry of Human Rights
  9th Floor, New Pak Secretariat (Kohsar Block)
  Sector F-5, Islamabad, Pakistan

  Concerns regarding civic space violations against thePashtun Tahafuz Movement (PTM)

  CIVICUS: the World Alliance for Citizen Participation is a global alliance of civil society organisations (CSOs) and activists dedicated to strengthening citizen action and civil society around the world. Founded in 1993, CIVICUS has members in more than 170 countries.

  The Pakistan NGO Forum (PNF) is an umbrella body composed of five networks of civil society organisations (CSOs) in Pakistan. Collectively, the networks have about 5,000 community-based organisations and CSOs as members. PNF’s primary mission is to create a conducive working environment for CSOs in Pakistan

  We are writing to you with regards to our concerns on civic space violations against the ethnic Pashtun people and in particular the Pashtun Tahafuz Movement (PTM). The PTM mobilised nationwide against human rights violations against Pashtun people, sparked by the killing of a young Pashtun man, Naqeebullah Mehsud, by the police in January 2018.

  As well as seeking justice for Naqeebullah’s killing, the movement mobilised around wider calls. Protesters have demanded the formation of a truth and reconciliation commission to examine human rights violations committed by the state and non-state actors in Pashtun areas, including enforced disappearances allegedly perpetrated by the Pakistan army, and extrajudicial killings. Protesters also continue to call for equal rights for Pashtun people, as guaranteed by the constitution, and the restoration of peace in Pashtun areas and the region in general.^[1]

  The CIVICUS Monitor, which tracks civic freedoms on a global scale, has documented a series of violations by the authorities and other actors, as set out below.

  The disruption of protests and arrest of protesters

  Scores of protesters have been detained or charged since the beginning of the protests, some under terrorism charges. In most cases, many of those detained were released without charge after weeks in prison. 

  • In March 2018, criminal cases were filed against Manzoor Pashteen and four other PTM leaders. The men were investigated for ‘provoking with intent to cause riot’ and ‘promoting enmity between different groups’ under sections 153 and 153a of Pakistan’s criminal code. According to human rights groups, the accusations were fabricated in “an attempt to smear the PTM and punish its leaders for exercising their rights to freedom of expression and freedom of assembly.”^[2]
  • In March 2018, Manzoor Pashteen reported that PTM supporters had received threats that they would be implicated in terrorism offences.^[3] In December 2018, he was banned from entering Balochistan province on the grounds of “incitement of unrest in the province through his hate speech and incendiary statement against the state and its institutions.” The ban remains in place.^[4]
  • In April 2018, at least 30 activists were arrested in the run-up to the Lahore rally. Police gave no reasons for the arrests; according to reports, “some bystanders kept asking the police as to why were they being picked up and where were they being taken to, but they gave no answer nor produced any arrest warrants as they whisked them away in their police van.”^[5]
  • In May 2018, police lodged cases against more than 150 PTM supporters for holding rallies across Karachi. The 150 were accused of crimes ranging from sedition and rioting to terror offences. PTM leader and member of parliament (MP) Mohsin Dawar told news outlet Dawni that the cases were a “tactic” to sabotage PTM’s main Karachi rally, planned to be held on 13 May 2018.^[6]
  • In June 2018, 37 PTM activists were arrested at a rally at the National Press Club in Islamabad. According to reports, they were made to sit in a prison van for three hours while the temperature was at almost 40 degrees Celsius before they were taken to Adiala jail. The 37 activists, who included several students, were subsequently charged with sedition.^[7] Their cases were referred to an anti-terrorism court, and all were denied bail until 24 September 2018, when the Islamabad district commissioner withdrew anti-terrorism charges.^[8]
  • In October 2018, authorities filed a police report (FIR) against activists who had organised a peaceful protest in Bannu, in southern Khyber Pakhtunkhwa, the previous day.[9]
  • In January 2019, scores of protesters and PTM leaders were arrested during a rally on the outskirts of Karachi. Between 250 and 300 people were accused of various crimes under Pakistan’s Penal Code and Anti-Terrorism Act.^[10] Among those arrested was Alamzeb Mehsud, a prominent PTM activist who had been profiling missing persons and other war victims. Footage of his arrest showed his vehicle being intercepted by the police on a busy road, and armed police officers forcing him to disembark before he was taken into custody. He was subsequently charged with inciting a riot, defamation, ‘promoting enmity between different groups’, and ‘statements conducing to public mischief’ read with Section 7 of Pakistan’s Anti-Terrorism Act. The court ordered him to be kept in custody for four days. Ali Wazir, a PTM leader and MP, was also charged, along with 15 other people.^[11]

  According to reports, police routinely put pressure on local people to stay away from PTM protests in various cities in Pakistan. Local printing presses refused to print campaign posters while authorities pressured businesses to refuse to provide chairs and tents for protests. Ahead of an April 2018 rally in Swat, lawyer and PTM leader Iqbal Khan reported that officials in the Swat region made announcements from mosques to warn people against participating in the gathering.^[12]

  Unlawful killing

  Our organisations are also concerned about the allegations of unlawful killing of a PTM leader Arman Loni, died in police custody on 2 February 2019.^[13] He had been arrested earlier that day in the southwestern district of Loralai in Baluchistan after participating in a sit-in outside Loralai Press Club in protest against a recent terror attack. Several police officers reportedly physically assaulted him in public with rifle butts, and he suffered blows to the head and neck. A few hours later, he died in hospital.^[14] To date, we are not aware of any credible investigation into the killing or any attempt to bring the perpetrators to justice. Arman’s death was only registered by the police after two months.^[15] Our organisations are also seriously concerned about reports that witnesses to his killing have been tortured or otherwise ill-treated by security forces.[16]

  Three days after the murder, more than 80 PTM protesters were detained by police after they gathered outside the National Press Club in Islamabad to protest about Aman’s death.^[17] At least 17 PTM members were subsequently charged under the West Pakistan Maintenance of Public Order Act of 1960 and moved to Adiala prison.

  Judicial harassment and threats against activists

  Activists have also faced harassment and threats for supporting the PTM. In August 2018, woman human rights defender Gulalai Ismail was accused, along with 19 other people, of making anti-state comments and using inflammatory language at a PTM rally in Swabi, Khyber Paktunkhwa province.^[18] The 19 PTM activists faced charges of ‘unlawful assembly’, ‘punishment for rioting’ and ‘punishment for wrongful restraint’. In October 2018, Gulalai was briefly detained at Islamabad airport as she re-entered the country from the UK. Officials kept her passport but could not tell her which government department had put her name on the Exit Control List (ECL), which imposes a ban on travelling outside the country, or why.^[19] In May 2019, the Peshawar High Court quashed[20] the charges against the PTM activists but Gulalai and other activists remain on the ECL.

  Hayat Preghal, a social media activist and supporter of the PTM, was released on bail on 3 October 2018 after more than two months in jail for social media posts that were deemed critical of the Pakistani authorities.^[21] He had initially been detained in July 2018 while visiting his family and charged under sections 9 and 10 of Prevention of Electronic Crimes Act, 2016 for ‘anti-state activity through social media’, and sections 500 and 109 of the Pakistan Penal Code.

  Restrictions on media coverage

  We are also concerned that the authorities have attempted to suppress the PTM by silencing media coverage of the movement. In December 2018, internet service providers blocked the website of Voice of America's (VOA) Urdu language service. Its audience was primarily Pashto-speaking communities. Information Minister Fawad Chaudhry claimed the sites were blocked for “false and prejudiced reporting.” An intelligence source reported that the decision to block the website was triggered by VOA's coverage of PTM.^[22] An article by Manzoor Pashteen in the New York Times on 12 February 2019, entitled ‘"The Military Says Pashtuns Are Traitors. We Just Want Our Rights" was censored by its local publisher in Pakistan.[23]

  Journalists covering protests have been targeted in a similar manner to participants. Sailaab Mehsud of Radio Free Europe / Radio Liberty's Mashaal radio and Zafar Wazir of a local TV channel were accused in December 2018 by police of “raising slogans against state institutions and inciting the public to violence, along with nearly 30 other people.” Authorities raised the allegations following the journalists’ presence at a rally in Khyber Pakhtunkhwa province. Sailaab said he and Zafar were covering the rally as journalists.^[24] In February 2019, the authorities halted the broadcasting of an interview with Manzoor Pashteen on a local Pashtu channel AVT Khyber.[25]

  International obligations

  These violations are inconsistent with Pakistan’s international obligations, including those under the International Covenant on Civil and Political Rights (ICCPR) which it ratified in 2008. These include obligations to respect and protect civil society’s fundamental rights to the freedoms of association, peaceful assembly and expression. These fundamental freedoms are also guaranteed in Pakistan’s Constitution. Further, during Pakistan’s Universal Periodic Review at the United Nations Human Rights Council in 2017, the government supported recommendations to safeguard freedom of expression, protect the right to life and freedom of expression of journalists and human rights defenders (HRDs), and to investigate all reports of attacks against them and bring perpetrators to justice. It also committed to combat all forms of discrimination, particularly against ethnic minorities.^[26]

  We therefore make the following recommendations to the government of Pakistan:

  • Put an end the harassment, stigmatisation, intimidation, unlawful surveillance, travel restrictions and arrest of peaceful PTM activists and ensure that they can freely express their opinions and dissent without fear of reprisals;
  • Conduct a swift, thorough, independent and impartial investigation into the death in custody of activist Arman Loni, and ensure that those responsible for his death are brought to justice;
  • Conduct impartial, thorough and effective investigations into all cases of attacks, harassment and intimidation against HRDs and journalists and bring the perpetrators of such offences to justice;
  • Drop all charges against protesters, community activists and HRDs for exercising their right to the freedom of peaceful assembly and instruct the police that it is their duty to facilitate peaceful assemblies, rather than hinder them;
  • Take immediate steps to ensure press freedom and halt all media restrictions against coverage of the PTM;
  • Ensure that HRDs are able to carry out their legitimate activities without fear or undue hindrance, obstruction or legal and administrative harassment such as travel restrictions under the Exit Control List (ECL);
  • Take steps to make enforced disappearances and torture a criminal offence and ensure that all allegations of such acts are thoroughly investigated and those responsible brought to justice.

  We express our sincere hope that you will take these steps as a matter of priority and we hope to hear from you regarding our inquiries as soon as possible. We would be pleased to discuss these matters with you or other appropriate officials at any time.

  Sincerely,      

  David E. Kode
  CIVICUS Advocacy & Campaigns Lead

  Professor Mohamed Ismail
  Pakistan NGO Forum

  Cc:
  Diplomatic missions in Pakistan

   

  [1] ‘In Pakistan, long-suffering Pahtuns find their voice’, The New York Times, 6 February 2018, https://www.nytimes.com/2018/02/06/world/asia/pakistan-pashtun-long-march.html.

  
  [2] ‘Peaceful Pashtun activists face criminal cases’, Amnesty International, 19 March 2018, https://www.amnesty.org/en/documents/asa33/8079/2018/en.

  [3] ‘New Pashtun dissent meets old coercion tactics in Pakistan’, Gandhara, 26 March 2018, https://gandhara.rferl.org/a/Pakistan-pashtun-tahafuz-movement-coercion-tactics/29125095.html.

  [4] ‘Balochistan extends ban on Pashteen’s entry,’ Dawn, 3 April 2019, https://www.dawn.com/news/1473567.

  [5] ‘Civil Society condemns arrests of young activists’, The Daily Times, 27 April 2018, https://dailytimes.com.pk/232878/civil-society-condemns-arrests-of-young-activists.

  [6] ‘Over 150 PTM activists booked for sedition, terrorism’, Dawn, 11 May 2018, https://www.dawn.com/news/1406903.

  [7] ‘Islamabad police round up PTM supporters for holding anti-Taliban protest’, Pakistan Today, 9 June 2018, https://www.pakistantoday.com.pk/2018/06/09/islamabad-police-round-up-ptm-supporters-for-holding-anti-taliban-protest.

  [8] ‘ATC case against 37 PTM activists withdrawn’, The Express Tribune, 24 September 2018, https://tribune.com.pk/story/1810320/1-atc-case-37-ptm-activists-withdrawn.

  [9] ‘…meanwhile, FIR registered against PTM Bannu rally organisers’, Pakistan Today, 2 November 2018, https://www.pakistantoday.com.pk/2018/11/02/meanwhile-fir-registered-against-ptm-bannu-rally-organisers/

  [10] ‘Scores held under anti-terrorism laws in Pashtun rights rally in Pakistan’, News 18, 22 January 2019, https://www.news18.com/news/world/scores-held-under-anti-terrorism-laws-in-pashtun-rights-rally-in-pakistan-2009657.html.

  [11] ‘Pashtun rights activist Alamzeb Mehsud arrested in Pakistan’, Al Jazeera, 22 January 2019, https://www.aljazeera.com/news/2019/01/prominent-pashtun-rights-activist-arrested-pakistan-190122121631198.html and ‘PTM leaders booked under anti-terror law, one held’, Dawn, 22 January 2019, https://www.dawn.com/news/1459029

  [12] ‘Pashtun campaigners complain of hurdles,’ Gandhara, 26 April 2018, https://gandhara.rferl.org/a/pashtun-campaigners-complain-of-hurdles-ahead-of-protest-in-pakistan/29194419.html.

  [13] ‘Rights group condemns arbitrary detention of protesters in Pakistan and the police killing of activist’, CIVICUS, 8 February 2019, https://www.civicus.org/index.php/media-resources/media-releases/3720-global-rights-group-condemns-arbitrary-detention-of-pashtun-protesters-in-pakistan-and-the-police-killing-of-a-leading-activist.

  [14] ‘Killing of Mr. Ibrahim Arman Loni & arbitrary detention of Ms. Gulalai Ismail and several PTM members’, Worldwide Movement for Human Rights, 14 February 2019, https://www.fidh.org/en/issues/human-rights-defenders/pakistan-killing-of-mr-ibrahim-arman-loni-arbitrary-detention-of-ms.

  [15] ‘Case registered against Loralai police officer for Arman Loni’s death’, Dawn, 2 April 2019, https://www.dawn.com/news/1473444.

  [16] See Mohsin Dawar, 17 May 2019, https://twitter.com/mjdawar/status/1129489961378635776

  [17] ‘Abdullah Nangyal, Gulalai Ismail among dozens of PTM workers held in capital’, Pakistan Today, 5 February 2019, https://www.pakistantoday.com.pk/2019/02/05/abdullah-nangyal-gulalai-ismail-among-dozens-of-ptm-workers-held-in-capital.

  [18] ‘Prominent human rights activist briefly held by Pakistan authorities’, Voice of America, 14 October 2018, https://www.voanews.com/a/prominent-human-rights-activist-briefly-held-by-pakistan-authorities/4612861.html.

  [19] ‘Release Pashtun human rights defenders immediately and unconditionally’, Amnesty International, 12 October 2018, https://www.amnesty.org/en/latest/news/2018/10/pakistan-release-pashtun-human-rights-defender-immediately-and-unconditionally.

  [20] ‘PHC orders quashing of FIR against PTM leaders’, Dawn, 10 May 2019, https://www.dawn.com/news/1481340.

  [21] ‘Immediately and unconditionally release Muhammad Hayat Khan Preghal’, Amnesty International, 24 September 2018, https://www.amnesty.org/download/Documents/ASA3391512018ENGLISH.pdf.

  [22] ‘Pakistan Tightens Coverage of Pashtun Rights Movement’, Voice of America, 11 December 2018, https://www.voanews.com/a/pakistan-tightens-coverage-of-pashtun-nationalist-movement/4696344.html.

  [23] ‘Pakistan censors New York Times article by activist critical of military’, Straits Times, 12 February 2019, https://www.straitstimes.com/asia/south-asia/pakistan-censors-new-york-times-article-by-activist-critical-of-military.

  [24] ‘Two journalists from D.I. Khan booked for covering protest rally’, Pakistan Press Foundation, 12 December 2018, https://www.pakistanpressfoundation.org/two-journalists-from-d-i-khan-booked-for-covering-protest-rally.

  [25] See Tabinda M. Khan, 20 February 2019, https://twitter.com/tabinda_m/status/1098251413312876544

  [26] Recommendations 152.170 (Cyprus), 152.176 (Greece), 152.175 (Norway) and 152.83 (Cote d'Ivoire) in ‘Report of the Working Group on the Universal Periodic Review: Pakistan’, United Nations Human Rights Council, 29 December 2017, https://www.ohchr.org/en/hrbodies/upr/pages/pkindex.aspx.

• PALESTINE: ‘Colonial powers of the global north have normalised murder and devastation in the global south’

  CIVICUS speaks with a Palestinian civil society activist, who asked to remain anonymous for security reasons, about the use of online activism to raise awareness about the situation in Palestine and seek international support.

  

  What is the current state of civic space in Palestine?

  Palestinians do not have their rights and freedoms recognised. Civic space is so narrow that anything we say regarding Israeli settler colonialism can cause us to go to prison. Administrative detention is frequently used: even though it is illegal according to international law, we have seen a number of people go to prison without any trial. Because of this, we have to be extremely careful about the kind of content we put up on our social media accounts, as it can be used against us in court.

  These restrictions also affect Palestinians living abroad. The majority find it difficult to return to their home country due to the restrictions.

  Recently Israel classified six organisations that advocate for children’s rights, women’s rights and Palestinian prisoners’ rights as terrorist organisations. As a result, their funding was cut and their staff members were sent to prison under administrative detention. People are being sent to prison without charges and remain there for years.

  Is there a shift towards digital activism in Palestine?

  People in Palestine have been using social media since its inception. However, Israel has tried to prevent Palestinians sharing their stories: on Facebook and Instagram, for instance, they censor anything related to Palestine. When we post sensitive images of people being beaten or shot, our social media accounts can get suspended for months and we risk going to jail. Even international human rights organisations have been censored for releasing videos of Israelis attacking Palestinians.

  But this has not stopped us showing the world our reality. The work I do includes making videos of the situations Palestinians face on a daily basis and sharing them on social media. With this I hope to raise awareness of what we are dealing with and show people we need urgent help.

  Palestinians have had to find innovative ways to inform the world about events happening in our country. For instance, to share information on social media about the situation without it being removed, we have changed the way we write ‘Palestine’: we write it as either ‘Pale Stine’ or ‘Pale@stine’ or ‘Isr@el’. It is still a challenge because when it comes to Palestine or Israeli violations international media are biased, but we have been able to reach a larger audience and keep them informed about our issues.

  Civil society also raises awareness about the terminology used – for example, so that people understand that what is happening between Israel and Palestine is not a war. It is our position that it is not just an occupation but also qualifies as colonialism. Indigenous people are being removed from their land to make way for Europeans to settle. Israel has claimed this is a religious war, which is not at all the case: people in Palestine face torture regardless of their religion. This is why as part of our advocacy work we share accurate information about the situation in our country.

  When trying to investigate the war crimes Israel has committed in Palestine, the United Nations has had difficulty accessing information and even entering the country. International human rights organisations face the same problem. So we try to contribute to their work by providing information about what is happening in Palestine.

  What kind of support do you need from the international community?

  The only thing that Palestinians need right now is peace. What has happened to us through the 74 years of Israeli occupation has been brutal. We have seen on many websites, including CIVICUS’s, that the prevailing narrative is in line with the one promoted by the United Nations and other international organisations, which is the one approved by Israel and the USA; that is totally wrong.

  We lived in Palestine before 1948. In the 19^th century Jews started migrating to Palestine as refugees, and Palestinians hosted them. The British occupied Palestine in the early 1920s and until the late 1930s and early 1940s, during which time they helped non-Palestinian Jews to migrate to Palestine in mass numbers.

  Colonial powers of the global north have normalised murder and devastation in the global south. Those colonial regimes continue to strengthen their relations with Israel and in return they enhance their security and military capabilities. In Africa they are taking over natural resources, namely gas and oil, at bargain prices; this is in fact the reason why they deliberately never bring up African human rights issues in earnest.

  Civic space in Palestine is rated ‘repressed’ by theCIVICUS Monitor.

• PALESTINE: ‘They label us antisemites or terrorists to silence us and paralyse our human rights work’

  CIVICUS speaks about civil society’s online activism against repression and oppression in Palestine with Nadim Nashif, executive director and co-founder of 7amleh: The Arab Center for the Advancement of Social Media.

  7amleh is a civil society organisation that advocates for Palestinian digital rights. With the aim of creating a safe, fair and free digital space for Palestinians, it researches digital rights, provides training to Palestinian activists and organisations and leads local and international advocacy campaigns.

  What is the focus of 7amleh’s work?

  We focus on digital rights and digital activism. Palestinian people have been living under occupation for the past seven decades. This kind of occupation obviously involves lots of violence, repression and oppression.

  As technology progressed and the internet became part of our lives, the same power relations were replicated in the online world. Palestinians live under siege from the Israeli government. This siege is not only physical; it has also migrated to the virtual world.

  There are frequent attempts to prevent Palestinians from exercising their freedom of expression online. This is done by pressuring companies to exclude Palestinians. For instance, many social media platforms are biased in their policy toward Palestinian content and many digital payment platforms don’t allow Palestinians to use them under various excuses due to Israel’s pressure. PayPal, for instance, is available to Israelis but not Palestinians. Palestinians’ freedom of expression is also limited because they can be arrested for what they post on social media. There’s an evident practice of discrimination against Palestinians.

  Our organisation is recording all these cases of restriction and documenting them to fight for the rights and freedoms of Palestinians.

  How have Palestinians worked around these restrictions to make themselves heard?

  The Palestinian identity is under attack. For instance, the Israeli army doesn’t let the Palestinian flag be raised. But Palestinians have tried to find creative ways to express their identity. For example, to represent their flag while not raising an actual flag, they have chosen to display the flag’s colours. These are the colours that can be found in watermelons, so they will instead draw a watermelon.

  Social media platforms use the available technology, their algorithms and search engines, to cooperate with the Israeli authorities by monitoring speech and deleting content when certain keywords come up. For example, Palestinian political movements are considered by Israel and the USA to be terrorist organisations, so their names are banned from social media. But digital activists are finding ways to write them that trick artificial intelligence, such as by adding full stops between letters. This is how they can still express themselves and find ways not to be banned entirely online. Those are some tactics Palestinians are using to refuse to play by the rules of those who want to limit them and tell them how to think, write and express their national identity.

  Digital activism is key. When you experience human rights violations on a daily basis, the camera becomes a tool of resistance. For many Palestinians, it is the only defence from soldiers and violent settlers attacking them constantly. In many cases, home evictions were prevented because they were livestreamed. That’s why the Israeli government initiated legislation to criminalise photography and video-making.

  Online global solidarity is also key, as shown by the 2021 case of the Sheikh Jarrah neighbourhood in East Jerusalem, in which online solidarity movements applied pressure to prevent house evictions. As a result, the Israeli government’s plan didn’t succeed.

  How have the authorities reacted to this activism?

  They have constantly tried to silence the Palestinian narrative and raise the Israeli one, by criminalising Palestinian activists and sending them to jail. There are cases in which you don’t even understand why someone is in jail.

  I remember the case of a young teenager from Jerusalem who posted on Facebook some phrases about Palestinians needing to go to Al-Aqsa Mosque to defend it from Israeli settlers. He spent one and a half years in jail because of this, which was not a call to violence at all. He just said, ‘Hey, this is our holy place, we need to protect it’. You can be sent to jail for saying something about protecting a place! This example is just one of many.

  The Israeli government is pushing many laws and regulations to be able to do this. One of them is the so-called ‘Facebook law’ it is trying to pass. Officially, it’s meant to help deal with harmful content. But it aims to grant Israeli courts the power to demand the removal of user-generated content on social media platforms that can be perceived as inflammatory or as harming the security of the state, people or the public. It is so vague that anything the Israeli authorities don’t like will be sent to the courts, without those affected being able to defend themselves. Using ‘secret evidence’, Israel can order companies to take down content they consider to be illegal. This would obviously be used exclusively against Palestinians.

  Many tactics of online repression are already being used, including lots of online brigading – coordinated actions by groups constantly reporting social media content to the Cyber Unit. Palestinians are under surveillance 24/7, especially on social media. Accounts are continually under surveillance and reported to social media companies. These companies are taking down almost 90 per cent of what the Israeli government asks them to.

  How can international civil society and the international community best support Palestinian civil society?

  I think they must take a firm stand when human rights violations happen. There’s an ongoing attempt to silence Palestinian civil society by labelling us as antisemites or terrorists. These accusations have profound effects: they aim to paralyse Palestinian civil society and prevent it recording human rights violations and atrocities – war crimes – committed against Palestinians.

  Internationally recognised Palestinian human rights organisations have been on the ground for more than four decades and have recorded everything. They clearly have nothing to do with terrorism or antisemitism – all they care about is human rights and democratic values. But many governments around the world fail to reject the accusations against them. Why?

  Any outstanding personality or activist standing up for Palestinians faces a smear campaign. We are trying to develop tools that help us deal with this, but it’s not simple. Palestine is not the only place where this is happening. We’ve seen shrinking civic space and civil society activists and organisations stigmatised as terrorists or terrorist supporters in many other countries in the global south, with many countries of the global north cooperating and supporting the regimes that oppress them.

  No human being would accept having their freedoms taken away without fighting back, as Palestinians do; it’s a natural human reaction. We hope allies and friends from global rights movements, political movements and civil society organisations will stand up for us and raise their voices on our behalf.

  Civic space in Palestine is rated ‘repressed’ by theCIVICUS Monitor.
  Get in touch with 7amleh through itswebsite orFacebook page, and follow@7amleh and@NadimNashif on Twitter.

   

• PANAMA: ‘We’ll have to stay vigilant and resist any attempt to curtail rights and freedoms’

  

  CIVICUS discusses the results of Panama’srecent presidential election with Olga de Obaldía, executive director of the Foundation for the Development of Civic Freedom.

  The Foundation for the Development of Civic Freedom is a civil society organisation working to defend fundamental freedoms, empower citizens for democratic participation and strengthen democracy by promoting transparency and the struggle against corruption.

  Who is José Raúl Mulino, and why did he win the election?

  Mulino won the election in large part due to the popularity and charisma of former President Ricardo Martinelli, and also in part due to the peculiarities of the Panamanian electoral system.

  Martinelli campaigned despite being disqualified from running for or holding public office after being convicted of money laundering in a major corruption scheme involving overpriced road construction. He initially tried to register his wife as his running mate, presumably in order to give her his place if his legal troubles made it impossible for him to run. But he abandoned the plan because the constitution forbids the president appointing close relatives.

  Instead of his wife, he appointed Mulino, his security minister between 2009 and 2014. Martinelli’s conviction became final in February: he was sentenced to more than 10 years in prison and, in order to avoid prison, he sought asylum in the Nicaraguan embassy. The Electoral Court allowed Mulino to take Martinelli’s place. This decision was appealed on the grounds of unconstitutionality, but two days before the election the Supreme Court upheld the Electoral Court’s decision.

  Convicted or not, Martinelli maintained his enormous popularity and, from his embassy confinement, launched a media campaign based on the slogan ‘Mulino is me’, an attempt to transfer his core electoral support, estimated at between 30 and 35 per cent, to Mulino.

  Since Panama elects its president by a simple majority of votes, without a runoff, and there were eight candidates, Mulino won with 34 per cent of the vote.

  This electoral system should be revised to ensure the popular will is respected. However, it’s worth noting that Panamanians were civic-minded and accepted the result peacefully even though most had voted against the president-elect.

  What were Mulino’s campaign promises?

  Among other things, Mulino promised to ‘put money in people’s pockets’ and build infrastructure, notably a train linking the city of David, in the far east of the country, with Panama City. This was justified on the grounds that it would improve transport between the interior and capital and stimulate economic development in remote and neglected regions.

  Another recurring theme in Mulino’s campaign was the need to put an end to what was characterised as ‘judicial persecution’. Martinelli’s party contains many people indicted for corruption during his administration. Several of them have been elected to the Central American Parliament, which grants them immunity from prosecution under a treaty that equates their privileges with those of national deputies.

  During the election campaign, the possibility of ‘closing’ the Darién Gap, the border with Colombia, was also mentioned as a way of stemming the flow of migrants through the jungle. However, the feasibility and impact of this measure are unclear. Previous bans aimed at stopping migration have only encouraged clandestine approaches and exacerbated humanitarian problems. The situation in the Darién is complex and need far-reaching solutions.

  These promises were clearly popular with some parts of the public, but their feasibility and potential consequences should be carefully considered.

  Finally, another promise was to ‘help’ former President Martinelli. It is not yet clear what form this help will take. The president-elect has said his government will follow the rule of law, and his first major test will be to resolve the ex-president’s impasse in the Nicaraguan embassy, from where he continues to try to influence national politics.

  What should the new government do to address the country’s key social and economic challenges?

  The new government will have to make critical decisions in a context of deep economic crisis. One of them is to save the social security system.

  Panama is one of the most unequal countries in the world. Informal labour has reached 55 per cent, with 20,000 jobs not recovered since the pandemic. The social security system is on the verge of bankruptcy: it covers 80 per cent of people, but only 30 per cent pay contributions. The pension system now lacks the funds to meet its future obligations and could collapse.

  Economic problems are compounded by falling investment. Public debt has risen to US$49 billion, with no clear investment in infrastructure or job creation. The state is due to make its first major debt payment in three months, but does not appear to have sufficient funds to meet it.

  The president-elect has announced he will seek to form a government of national unity. It is unclear what form this will take, but it’s clear that given the scale of the problems, a coalition government or some form of cross-sectoral cooperation is the only way forward. According to the president-elect’s statements, business would be his natural ally in finding solutions.

  Under what conditions does civil society operate in Panama, and can changes be expected under the new government?

  As elections approached, our small civil society faced a recurring phenomenon: an exodus towards partisan political activity. While some civil society organisations like ours are professionalised – with a board, administrative staff, a budget and defined structures – most rely on volunteers. Traditionally, a reverse exodus from non-winning political parties towards civil society organisations happens after elections.

  In addition, few organisations focus their work on advocacy for civil and political rights and freedoms and democratic governance. Most focus on poverty alleviation or the provision of social services such as health and education. In these roles, they tend to be partners with the state in the implementation of official programmes. In recent years, however, we have witnessed an increase in activism and the formation of new identity-based groups demanding equal rights, while new youth groups have arisen at the national level as a political and social force largely responsible for the success of national mobilisations against open-pit mining in October and November 2023.

  In the 2024 electoral campaign, while civil society participation remained limited, since there are few organisations dedicated to promoting civic values or fundamental freedoms, we saw several non-partisan initiatives to enable informed voting, and several organisations, including us, joined together in this effort.

  We don’t know what will happen under the new government, but we are concerned about the Martinelli administration’s record of restricting civic space through intimidation of critical organisations and the judicial harassment of activists and journalists. It is unclear what trajectory the Mulino government will follow, but we’ll have to stay vigilant and resist any attempt to curtail fundamental rights and freedoms or restrict civic space.

  ---

  Civic space in Panama is rated ‘narrowed’ by theCIVICUS Monitor.

  Get in touch with the Foundation for the Development of Civic Freedom through itswebsite orFacebook page, and follow @libertciudadana onInstagram andTwitter.

• PHILIPPINES: ‘If we don’t fight against the system, people will continue to die’

  Following a year marked by massive mobilisation on the climate emergency, CIVICUS is interviewing civil society activists, leaders and experts about the main environmental challenges they face in their contexts and the actions they are taking. CIVICUS speaks with Jhewoung Capatoy, a young climate defender from the Philippines. Jhewoung is a community youth organiser with Young Bataeños Environmental Advocacy Network, a youth environmental organisation that promotes environmentally sustainable development and seeks to create awareness among youth to act to conserve the environment.

  

  Why did you become an activist?

  I come from the Lamao Limay Bataan community, which is about three hours away from the capital of the Philippines, Manila. I decided to get involved because local communities are suffering as a result of the establishment of coal-fired power plants. People are suffering from health issues and are dying as a result of environmental disasters. And people who speak up against this are also getting killed. Being an activist is dangerous, but if no one speaks up and acts against this, the situation will become normalised. If we don’t fight against the system, things will continue to be the way they are: people will continue to die and the impacts of the climate crisis will become unbearable to our communities. Most likely, a lot more people will die.

  Deep down, one reason why I’m doing this is that I have lost people who were very dear to me. I went through an experience that marked me for life when I was in first grade, about seven years old, in 2004. A flash flood killed two neighbours who were also my close friends. Flash floods were caused by the construction of an energy plant in the area. Later on, when I started high school, I got in touch with a youth organisation that worked to protect Mother Nature. I got involved because I didn’t want to lose anyone else. I had realised that my friends had been killed by a corporation that only cared about making money, and by our own government, which colluded with the corporations and allowed everything to happen. Together, corporations and government are too powerful and if nobody stood up against them, they would be able to kill whoever they want. If nobody fought for it, our community would likely be gone in the near future.

  However, being an activist also meant that I would continue to lose people. Soon after I got involved one colleague, a well-known climate defender, Gloria Capitan, was killed. She led the fight against coal-fired power plants because the pollution caused by these corporations in her area were causing people serious respiratory problems and other issues. We believe that both the corporations we were protesting against and our local government are responsible for her killing. We know who shot Gloria Capitan, but the police did not listen. They tried to cover everything up and have the case dismissed.

  Can you tell us more about the work that you do?

  We organise campaigns to educate people about the effects and impacts of dirty industries and how corporations are threatening our right to a secure environment. We organise people and we protest, mostly against coal-fired power plants. We also try to reach policy-makers and bring human rights violations to the attention of human rights bodies. We were once able to reach the Philippines Commission on Human Rights, which investigated what was happening and issued a resolution that acknowledged that these corporations were causing human rights violations in our community, as well as in other communities that have dirty industries in the Philippines. That was one of our greatest achievements because if the resolution is eventually disseminated to the public, we can find a way to hold corporations accountable and bring some reparation to the affected communities.

  Did you take part in the global climate mobilisations in 2019?

  Yes, our youth organisation, Young Bataeños for Environmental Advocacy Network, participated in the global climate strike in September 2019 by holding a local event. There also was a mobilisation in Manila, but we decided to protest locally, staying in the place where the coal-fired power plants are having their worse effects. The reason why we mobilised is that we want to hold these corporations, as well as the government that lets them have their way, responsible for what they are doing to our communities.

  We had been mobilising and protesting since before the global strike, but the global climate strike was a good opportunity to put our issues out there. It was very useful as a framework because it was a global call to make corporations responsible for emissions. But we chose to participate in this global call from our own local communities, without going to demonstrate in Manila, in order to communicate that the reason why we are fighting is that the people in these communities are suffering the worst effects of global warming and the climate crisis. It is the rich of the global north who profit from these big corporations that emit carbon gases, but it is always us, the poor communities of developing countries, who suffer the worst environmental impacts of these industries.

  True, people in developed countries are striking and mobilising, and it is good that they have called attention to what is happening, but let’s always remember that the impacts of the climate crisis are extremely unequal. The impacts that people in the global north are facing are not as devastating as the ones we are suffering in the Philippines. That’s the reason why we are mobilising: because it is us who are experiencing the consequences of their actions. It is not even a matter of choice really. We are a poor country in which people are dying due to the climate crisis, so we are fighting for our lives.

  Have you had any participation in global climate forums?

  Our youth organisation has not been able to take part in any international gathering. We basically have no access to that kind of spaces. Our organisation is local and no one has yet given us the opportunity to be under the spotlight. It would have been good if we had been invited because that would have meant an opportunity for us to represent people at the grassroots level. It is important to advocate for the environment, but you also have to make sure that you are representing the people who are most vulnerable. It is not enough not be there just because you believe that the climate crisis is happening. People should represent the real experiences and those who are negatively impacted by climate change.

  The very people who are suffering the most from the climate emergency should be given the opportunity to speak for themselves. They should be invited to these forums so they can tell the world about their experiences. Those forums are big and impersonal and it would be important for participants to hear the stories of the people who are living in the areas where climate change and dirty industries are having their strongest impact. They are the ones who can really tell what’s happening, beyond what the media is covering, which is far from enough.

  What support does your movement need from international sources, including international civil society?

  Taking part in global networks is very useful for us. For instance, we’ve asked young people from Taiwan, who were participating in the 2019 Climate Action Summit, to send letters to our national and local governments to urge them to stop giving permits for corporations to increase their operations. Our government has planned to authorise two dozen new coal-fired power plants by the year 2030, so we are asking young people from other countries who are better connected to put pressure on our government. Letters coming from outside the country would mean a lot because they would show that our stories are not staying inside the country, that people from the outside world are listening and reacting to the pain and the suffering of the people in the Philippines.

  International organisations like CIVICUS could also help amplify our stories and attract the attention of our government. This then could make our government rethink the path they have taken in generating energy.

  It would be an even bigger help if the international community could help us financially in order to continue with our work. As climate activists, working with the local communities that are directly affected by climate change is always a challenge. I have had to leave my comfort zone, drop out of school and be away from my family. I stay in a community where there is little internet access or transportation. I go to work kilometres away from my house, to organise people, to give them updates and reassure them that I am with them for real. I do it because people need someone they can lean on, someone they can trust their stories with, someone they feel could help them.

  Civic space in Philippines is rated as ‘obstructed’ by theCIVICUS Monitor.

  Get in touch with the Young Bataeños for Environmental Advocacy Network through itsFacebook page.