civic space

MYANMAR: “If this coup is not overturned, there will be many more political prisoners”
CIVICUS speaks about the recent military coup in Myanmar with Bo Kyi, a former political prisoner and co-founder of theAssistance Association of Political Prisoners (AAPP). Founded in 2000 by former political prisoners living in exile on the Thai-Myanmar border, AAPP has its headquarters in Mae Sot, Thailand and two offices in Myanmar that opened in 2012. AAPP advocates for the release of political prisoners and the improvement of their lives after their release, with programmes aimed at ensuring access to education, vocational training, mental health counselling and healthcare.
MYANMAR: “Nearly everyone detained tells us they were beaten”
CIVICUS speaks to Manny Maung, Myanmar researcher for Human Rights Watch (HRW), about the human rights situation in Myanmar. Manny was previously a journalist and spent many years living and working in Myanmar,

Myanmar remains on the CIVICUS Monitor Watchlist as a country that has seen a recent and rapid decline in civic freedoms. The Myanmar military seized power in a coup on 1 February 2021, arrested the civilian leaders of the national and state governments and launched a brutal crackdown against the protest movement. More than six months on, the assault on civic space persists. Thousands have been arbitrarily arrested and detained. Many face baseless charges and there have been reports of torture and ill-treatment during interrogation, and of deaths in custody.

What is the situation of civic freedoms in Myanmar more than five months after the coup?

Since the military coup on 1 February, we’ve seen a rapid deterioration of the situation. Thousands have been arbitrarily detained and hundreds have been killed, while many more are in hiding and trying to evade arrest. HRW has determined that the military has committed abuses that amount to crimes against humanity against its population, so quite clearly the situation for civil society is extremely dangerous as civic freedoms have become non-existent.

Is the civil disobedience movement (CDM) still active despite the repression?

Protests are still being held daily, although they are smaller and more ad hoc. Flash strikes are popping up all over Myanmar, not just in major cities. But these demonstrations are now slightly muted, not just due to the violent crackdowns by the security forces, but also because of the devastating third wave of COVID-19 infections. Hundreds of arrest warrants have been issued for protest leaders, including against almost 600 medical doctors who participated in or led the CDM earlier on. Journalists, lawyers and civil society leaders have all been targeted and so has anyone who is deemed to be a protest or strike leader. In some cases, if the authorities can’t find the individual who they are targeting for arrest, they arrest their family members as a form of collective punishment.

What is the situation of protesters that have been arrested and detained?

Nearly everyone we speak to who was detained or rounded up during widespread crackdowns on protests tells us they were beaten when they were arrested or being held in military interrogation centres. One teenager described to me how he was beaten so hard with a rifle butt that he passed out in between beatings. He also described how he was forced into a pit and buried up to his neck while blindfolded, all because the authorities suspected him of being a protest leader. Others have described severe beatings while being handcuffed to a chair, being denied food and water and deprived of sleep, and experiencing sexual violence or the threat of rape.

Many protesters who are still detained have not had serious trials. Some have been charged and convicted, but that’s a small number compared to the thousands who are waiting to have their cases move forward. Many detainees who have since been released from prison tell us they had minimal contact, if any, with their lawyers. But the lawyers who represent them also face risks. At least six lawyers defending political prisoners have been arrested, three of them while representing a client in a trial proceeding.

How has the disruption of internet and television services affected the CDM?

Bans on satellite television have added to the restrictions on access to information. The junta claimed that ‘illegal organisations and news organisations’ were broadcasting programmes via satellite that threatened state security. But the bans appear primarily targeted at foreign news channels that broadcast via satellite into Myanmar, including two independent Myanmar-language broadcasters, Democratic Voice of Burma and Mizzima, both of which had their media licences revoked by the junta in March. Internet shutdowns have also made it difficult for people to access information and communicate with each other in real time.

Blanket internet shutdowns are a form of collective punishment. They hinder access to information and communications that’s needed for daily life but especially during crisis and the Covid-19 pandemic. The restrictions also provide cover for human rights abuses and complicate efforts to document violations.

Why has violence in the ethnic areas increased, and who is being targeted?

The coup sparked renewed fighting in some parts of the country between ethnic armed groups and the military. Rakhine State appears to be the exception, as the Arakan Army has negotiated a ceasefire there, and protests against the military have not been as vocal or widespread. Other ethnic armed groups such as the Kachin Independence Army and the Karen National Liberation Army (KNLA) have welcomed resistance to the military and are providing safe haven to those fleeing from the military in the territories they control. Renewed clashes between the military and the KNLA have resulted in a number of human rights violations on civilians and have displaced thousands on the Thai-Myanmar border.

What do you think of the response by the Association of Southeast Asian Nations (ASEAN) to the situation in Myanmar so far?

ASEAN has attempted to follow diplomatic channels, but this is not a situation where it’s business as usual. The military has seized power and has been committing crimes against its own people – a civilian population that has already voted for its preferred government. After months of futile negotiations, ASEAN should be prepared to impose penalties on Myanmar. As independent nations, ASEAN member states should act together and impose targeted sanctions on Myanmar to ensure the military no longer acts with total impunity.

The reaction by General Min Aung Hlaing, who has made himself the Prime Minister, to the five-point consensus plan proposed by ASEAN shows his utter disdain for regional diplomacy and makes it apparent that he will only respond to tough acts – such as cutting off his and the military’s access to foreign revenue through smart sanctions.

What can the international community do to support civil society and push for a return to democratic rule?

HRW recommends that the United Nations Security Council (UNSC) refers the situation in Myanmar to the International Criminal Court. The UNSC and influential countries such as the USA, the UK, Australia, Japan, India, Thailand and the European Union should apply coordinated sanctions to pressure the junta. The UNSC should also pass a resolution to ban the sales of weapons to Myanmar.

As for international civil society organisations, they should continue to advocate on behalf of civil society members who are currently in hiding or being held in arbitrary detention. This means continuing to push for recognition of the severity of the political and humanitarian crisis in Myanmar and pushing for governments to act in favour of the people of Myanmar.

Civic space in Myanmar is rated as ‘repressed’ by the CIVICUS Monitor.

Follow @mannymaung on Twitter.
MYANMAR: “The military turned medical workers from heroes to criminals overnight”

CIVICUS speaks to Nay Lin Tun, a medical doctor who regularly volunteers with rescue teams in emergency areas in the city of Yangon, Myanmar. Since the military seized power through a coup on 1 February 2021, the army has launched abrutal crackdown against the Civil Disobedience Movement (CDM), a protest movement that spread across the country.Medical workers have played a key role in the movement.

Ever since the coup, Nay Lin Tun has been on the frontline treating protesters injured by the security forces. He previously worked in Rakhine State providing mobile community-based medical care to Rohingya people and other internally displaced populations in conflict-affected areas. He was also involved in theGoalkeepers Youth Action Accelerator campaign dedicated to accelerating progress towards the UN Sustainable Development Goals.

What has the situation been since the coup? How has the medical system been affected?

Since the military coup occurred on 1 February, our lives entered darkness: internet access, the freedom of expression, the freedom of speech and all our basic human rights have been denied. I cannot believe that such a military coup can still happen in the 21st century. We live in a cycle of fear every day and are afraid of getting arrested or killed for no reason.

People were already in a stage of desperation before the coup, due to the social and economic hardships associated with the COVID-19 pandemic. They were hoping that their business would recover and grow when COVID-19 infection figures fell in Myanmar. Now, all these plans are gone. People have said they would rather die fighting for a democratic future than live under a military junta.

Almost all government departments and ministries are shut down because the CDM is boycotting all services linked to the military and promoting labour strikes and walkouts by civil servants and other workers. Health systems have all collapsed.

Worryingly, COVID-19 prevention and control mechanisms have also stopped since the coup, as has the vaccination campaign. The authorities bought 30 million COVID-19 vaccine doses from the Indian government, which were shipped in January and April 2021. But there are lots of data discrepancies between those who have received the first dose and those who have received the second: 1.54 million people have received the COVID-19 vaccine once but only 0.34 million have been vaccinated for a second time. This shows the failure of the vaccination programme. In addition, the COVID-19 surveillance system has been slow and has low testing capacities. This puts many people at risk in case a third or fourth wave of COVID-19 hits Myanmar.

How are medical workers responding to the pandemic and the coup?

Myanmar healthcare professionals have shown their strength and commitment, and have been hailed as COVID-19 heroes, since the beginning of the 2020 COVID-19 outbreak. At that time, there were not enough resources to treat those infected and cases began rising; deaths reached a total of 3,209 (according to the Ministry of Health and Sports (MOHS) website, COVID-19 Dashboard data updated on 4 May 2021). But, due to our admirable health heroes and good leadership, the slope of COVID-19 infections declined in late 2020 and people in Myanmar began to receive vaccines in the last week of January 2021. Myanmar was the third country to have a COVID-19 vaccination programme in the ASEAN (Association of Southeast Asian Nations) region, right after more developed countries such as Indonesia and Singapore.

But all these positive developments have been destroyed overnight. On 1 February, all elected government officials, including State Counsellor Daw Aung San Suu Kyi, were detained. People have not been willing to accept this takeover by an abusive military junta and are showing their anger on the streets. The military forces have brutally cracked down on the protests with lethal weapons and real bullets. This has led to 769 people being killed as of 4 May, according to data from the Assistance Association for Political Prisoners (AAPP). Due to the military coup, government workers left their jobs to join the CDM. It was medical workers from the MOHS who initiated this movement, and they were followed by those in other departments and ministries.

Therefore, the military has targeted government staff involved in the CDM protest movement and those who support them. They have tried to arrest them using a new provision in the Penal Code, Section 505A, that can be used to punish comments regarding the illegitimacy of the coup or the military government, among other violations. These are punishable with up to three years in prison.

By doing so, the military turned medical workers from heroes to criminals overnight. The military spokesperson for the Tatmadaw Information Team, Brigadier-General Zaw Min Tun, has even accused government doctors who withdrew their services after joining the CDM of murdering people in cold blood.

In reality, CDM doctors are helping the public in various ways, including by providing free treatment at private hospitals and charity clinics, making home visits and providing telephone counselling. Due to the military coup, people have faced numerous challenges and insecurity both day and night. Curfews are in place from 8 pm to 6 am in all states and regions except Rakhine State. In addition, the internet is blocked for those accessing it via SIM cards and Wi-Fi services; as a result, most people lack internet access and the flow of information is restricted. All these conditions have had a major impact on people’s ability to reach out to healthcare services on time.

What risks do medical workers face for speaking out?

Currently, all the medical doctors who help anti-coup protesters risk arrest and those who joined the CDM are on an arrest list. Up to now, according to AAPP data, more than 4,700 people, including elected leaders, election commissioners, anti-regime protesters, teachers, doctors, journalists, writers, artists and civilians, have been arrested since the coup. Therefore, if we speak out, we face a high risk of arrest anytime, any day in any place.

According to the latest information, not even free charity clinics are now allowed to accept CDM doctors or admit wounded patients for treatment. The military is also acting against private hospitals, which are forced to shut down, and have their doctors arrested if they accept CDM doctors’ consultations.

Have you witnessed military violence against civilians?

On the evening of 9 April, reports began emerging that security forces had killed scores of people in the city of Bago, about 80 kilometres north-east of Yangon, after unleashing heavy weapons and grenades to disperse protesters occupying barricades. Before launching the operation in Bago, the armed forces had blocked the roads, preventing ambulances from picking up the wounded, many of whom were eventually dumped in a monastery compound.

At least 80 people were killed in Bago that day, but the final death toll will probably never be known. Something else we will likely never know is how many of the wounded died because they did not receive treatment. I arrived in Bago three days later to help treat the wounded. It was a difficult task. Many injured protesters were in hiding, for fear they would be arrested if they sought treatment. We were also told that volunteer medical workers had been detained by the security forces.

As a frontline medical volunteer, I have regularly witnessed the brutality of the junta’s operations to disperse protesters. The first time was during a protest near Thanlyin Technological University in the outer south-eastern Yangon Region on 9 March. Troops had occupied the campus, and students were protesting peacefully to demand that they leave. The security forces suddenly opened fire with live rounds, leaving several people injured. We began treating some of the injured in a safe house not far from the site of the protest, but then soldiers arrived nearby, and we had to quickly evacuate the patients to another safe house. Thankfully, we managed to get them to a safe location and continued treating them.

How can the international community support medical workers?

Attacks on health facilities and personnel must be documented by national and international bodies. We are lucky that the World Health Organization has a surveillance system on attacks on healthcare facilities and personnel, which are recorded daily. From 1 February to 30 April, there were at least 158 attacks on healthcare facilities, vehicles, staff and supplies, as well as against patients, resulting in 11 deaths and 51 injuries. These facts help people understand the scope of the problem and can guide the design of interventions to prevent and respond to the attacks. But in Myanmar, there isn’t a leading organisation that can take action to prevent attacks and violence against healthcare personnel. Therefore, we need international pressure on Myanmar authorities and need international humanitarian organisations to address this issue seriously.

The international community should stand together with us in condemning the attacks on healthcare facilities and workers and unite with Myanmar healthcare workers in speaking out forcefully against all acts of discrimination, intimidation and violence against healthcare workers and facilities. Support to frontline medical workers in the form of medicines and other emergency aid would also be welcome.

What is your hope for Myanmar?

I wish for a day when all our healthcare workers receive full respect in accordance with our professional role. In other countries, medical professionals also held protests against their government, but their governments engaged with them and worked out agreements to end the protests because medical workers deal with millions of patients and in a democracy, their protests could have an impact on elected officials. Therefore, doctors’ strikes in other countries did not last long.

It is the opposite in Myanmar. The military has unleashed a brutal crackdown on striking doctors and has arrested health workers. Doctors who are involved in the CDM can be sentenced to up to three years of imprisonment. CDM doctors have also been arrested at their homes and even in their clinics while providing treatment to patients. Therefore, it will be a very meaningful day for all our medical workers in Myanmar when we get full respect for our work.

We also aspire to have a professional body that can protect all healthcare workers from attacks. The Myanmar Medical Association and Medical Council have silently witnessed the arrest of our brothers and sisters in the medical sector. We should receive full protection from a strong medical association.

Last but not least, according to medical ethics reflected in the Hippocratic Oath, we have a full duty of care for the safety of patients that require treatment. Treatment of needy patients in an emergency should not be seen as a crime. But our medical teams are targeted for arrest for providing medical assistance. We wish one day all our medical workers will have freedom of care with no limitation.

Civic space inMyanmaris rated as ‘repressed’ by theCIVICUS Monitor.
Myanmar: International action needed to restore democracy and protect rights

🇲🇲#Myanmar: International action needed to restore democracy and protect rights.

🇺🇳Our statement at #HRC46 - country is currently on the @CIVICUSMonitor Watchlist | @RapporteurUn @YangheeLeeSKKU @EUMyanmar @forum_asia @cvdom2021 pic.twitter.com/PP6mBQ3OjP
— CIVICUS (@CIVICUSalliance) March 12, 2021

Statement at the 46th Session of the UN Human Rights Council
NAMIBIA: ‘There is only so much civil society can do when those in power support extractive companies’
CIVICUS speaks with Rinaani Musutua of the Economic and Social Justice Trust (ESJT) about thee resistance of communities in the Okavango River Basin in Southern Africa against oil and gas exploration by the Canadian company ReconAfrica.

Founded in 2012, ESJT is a civil society organisation (CSO) that promotes social and economicr ights in Namibia and has been part of the coalition mobilising against ReconAfrica’s extractivep roject.

What are your concerns regarding ReconAfrica’s operations in the Okavango River Basin?

The Okavango River Basin, known in Namibia as the Kavango, flows from Angola through northern Namibia and empties out into the Okavango Delta in northwest Botswana. We first heard that ReconAfrica, an oil and gas company headquartered in Canada, had a petroleum exploration licence there in 2020. We were never informed when it sought and obtained its exploration licence and environmental clearance certificate. We looked it up and found it strange that the company received its environmental clearance certificate on a public holiday in Namibia. This makes us wonder who authorised its operations.

Communities in the Kavango region have never been consulted by ReconAfrica. This is worrying because, according to the law, to get to their environmental and clearance certificate companies must first consult with the people who live in the places they wish to operate in. But locals were never informed about the pros and cons of the project and had no idea what the project was about. Only recently did ReconAfrica hold one meeting with community members, after we complained. But even after this meeting, community members were confused about the project because the information provided wasn’t detailed or clear enough.

ReconAfrica decided to apply for land rights after civil society activists and organisations started questioning its legitimacy to operate and occupy land in the region. Prior to this it claimed to have received permission from traditional chiefs, but when media and activists approached them, the chiefs denied it. As it stands, the company is illegally occupying communal land and should be charged for it, but the government doesn’t seem to care.

How will local communities be affected if the project goes ahead?

The Kavango region is home to many communities, including the Indigenous San, who make their living from farming and fishing, and many more that rely on the water that flows from the Okavango Delta. ReconAfrica’s activities threatens the habitat of several wildlife species and could potentially contaminate the water people and animals depend on.

ReconAfrica has been drilling very close to the Omatako River, which is ephemeral due to the low average annual rainfall. It looks like there is not activity, but scientists have confirmed there is activity underneath the river.

When the company was conducting its seismic surveys, many local communities complained that their homes and croplands were damaged due to negligence by drivers. When people complained, ReconAfrica used local people to manipulate community members into signing papers without explaining the content. It was later found that the signed papers gave the company the right to pass through their crops and because of this those affected haven’t been compensated for their loss.

Unfortunately, works continue because our government supports the company. There is only so much civil society can do when those in power support extractive companies at the expense of local communities.

How is civil society mobilising against oil and gas exploration and drilling in the Kavango region?

As civil society we have held public meetings to inform people about the potential danger of this project. ESJT teamed up with other Namibian CSOs to petition the government to halt ReconAfrica’s activities immediately. The Parliamentary Standing Committee on Natural Resources Parliamentary Standing Committee on Natural Resources conducted an investigation but didn’t do such a good job because it failed to go to affected areas. Most of its meetings were held in town and people from the affected areas weren’t able to attend because they don’t have resources to travel to town.

We have also written a lot of newspaper articles highlighting the dangers of ReconAfrica’s activity.

Since we are not able hold public meetings all over Namibia, we are hopeful that these articles will reach people so they can stay informed.

Together with other local and international CSOs we have released a joint statement calling on the Namibian government to examine the oil and gas exploration activities taking place in the Kavango region. We have also complained about ReconAfrica to the Canadian authorities authorities, who started investigating the company. What was disappointing, however, is that it did not investigate ReconAfrica’s environmental and human rights violations in the Kavango region, but only its potentially fraudulent stock market business.

Unfortunately, it seems like our demands are falling on deaf ears. People have accused us of being against development. This makes it difficult for us to unite against ReconAfrica and the government, because they know we don’t have everyone’s full support.

What kind of support from international civil society and the wider international community would help the movement?

Fortunately,international organisations such as Re:wild have expressed support for our fight and brought awareness to what is going on in the Kavango region. Prince Harry Harry has also shown support for our fight against ReconAfrica and its activities.

But beyond international support, we still need people in the Kavango region to also stand up and speak against this project. Right now, most people organising the resistance are based in Windhoek, Namibia’s capital. People in the Kavango region should mobilise so the government can see this is an urgent matter that affects them. We need resources to continue delivering workshops to inform people about the dangers of this project. Our work is limited because we aren’t adequately equipped.

Get in touch with Economic and Social Justice Trust through its website or its Facebook page,and follow @esjtnam on Twitter.
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.

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: ‘A strong sense of solidarity endures with those who are left-behind’
CIVICUS speaks about snap elections taking place in the Netherlands on 22 November with Niels Hoogerheijde, Policy Advisor at Partos, the Dutch membership body for civil society organisations (CSOs) working in international development.
NETHERLANDS: ‘We call on potential coalition partners to stand up for our country’s international reputation’
CIVICUS speaks about thefar-right victory in the snap elections that took place in the Netherlands on 22 November with Niels Hoogerheijde, Policy Advisor at Partos, the Dutch membership body for civil society organisations (CSOs) working in international development.

Did the election victory of the far right come as a surprise?

It did come as a surprise. Usually the far-right Party for Freedom (PVV) achieves increasingly good results in the final days of the election campaign only to underperform on election day. This is what we expected to happen this time, so when we saw a PVV poll surge in the days prior to 22 November, we thought the numbers were inflated and its victory was not a realistic possibility – just as with previous elections. This year, however, the PVV did perform as the polls forecasted.

The result may be viewed as part of a wider regional trend. As far as Europe goes, far-right politicians are using migration or blaming migrants for all the crises that their countries are going through. The government of Italy is led by Giorgia Meloni of Brothers of Italy. Support for Marine Le Pen’s National Rally is growing in France. Reform UK, the party launched by Nigel Farage, is also rising in the polls. The common denominator of all of these is the use of a negative narrative about migrants to win people over – and it is working.

How have civil society and progressives reacted to the election results?

The day after the election results were announced, there were various demonstrations across the country in favour of human rights and in solidarity with asylum seekers, LGBTQI+ people and particularly the Dutch Muslim community, who have been the PVV’s main target for years.

The PVV has put forward despicable proposals that are not only unconstitutional but also truly inhumane. People, including in civil society, have strong fears about what could happen to Dutch Muslims, asylum seekers and other excluded groups if we get a government led by the PVV.

In addition, there are worries about the Netherlands’ international reputation. The PVV wants a Dutch exit from the European Union and wants to abolish the entire budget for development cooperation.

How much leeway would a coalition government led by PVV leader Geert Wilders have to implement its promised policies?

Throughout the campaign – and his whole political career – Wilders has made outrageous and even unconstitutional promises of what he will do if elected. But we shouldn’t forget that he will not govern alone. He will need to reach agreements to form a working majority in parliament.

What he is able to do will truly depend on the composition of the government. It is too early to tell because the elections were only three weeks ago. But the government formation process started that same week. Many things have happened since, involving many politicians. I think three parties on top of the PVV are bound to be involved in the new government in some way.

It is very unlikely that the largest party in the current caretaker government, the conservative People’s Party for Freedom and Democracy, will not have any role in the future government. It used to be the main ruling party, and even as a junior coalition partner, its presence will still be important. The other two relevant parties are the New Social Contract (NSC) and the Farmers and Citizens Party (BBB).

We might see the formation of a majority coalition including the four of them, or a minority coalition government composed of only some of these parties, seeking the support of other parties on specific topics. For the moment, politicians from all parties are making statements on conditions to work with other parties. Such statements are all part of the negotiation process so they should not be taken at face value but with the strategic goals of the respective party in mind.

What can be done to prevent regressive policies materialising?

Wilders’ proposals range from the ridiculous to the outrageous. They include an entry ban for asylum seekers, the closure of mosques and Islamic schools and outlawing the Quran. In the past, he has also proposed to create a Ministry of Deportation, to introduce a tax on women wearing hijab and to shoot young criminals of Moroccan descent in the knees. All of this is very well documented and most of it is unconstitutional.

His key issue, the one that has made him most popular, concerns migrants and asylum seekers. Wilders wants to shut down the asylum system and not let any new asylum seekers into the Netherlands. By doing this, the Netherlands would breach its obligations under international law to provide safe haven for refugees.

It is crazy to think if he had received a majority of parliamentary seats, these policies would have already materialised. As he lacks such a majority, Wilders must negotiate with other parties. And this is where we and other civil society groups come in, talking with party representatives about policy priorities and people’s needs and concerns. Potential coalition partners can play a crucial role, which is why Partos is calling on the BBB and NSC to stand up for the Netherlands’ international reputation.

We have always been an outward-looking country that prides itself on its international reputation and tries to uphold international law. The city of The Hague, the site of our national government, profiles itself as the capital of international law, peace and justice. If you are truly committed to those values, you cannot abolish development cooperation altogether or do away with international treaties. You must respect the rule of law, the Dutch Constitution and our country’s international commitments.

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

Get in touch with Partos through itswebpage and follow @PartosNL onLinkedIn andTwitter.
New Global Data Report: Rights Reversed
Historical report from the CIVICUS Monitor looks at seven key trends from 2019 to 2023:
1. Rise in the closure of civic space worldwide
2. Repression in Africa south of the Sahara and MENA
3. Civic space challenges in Europe
4. Detentions and arrests of protesters
5. COVID-19 pandemic and civic space
6. Prosecution of activists
7. Restrictive laws to silence dissent
READ REPORT
New paper on the restrictions facing climate change activists
- Environmental activism is dangerous and too often deadly, and may worsen as the growing climate crisis fuels divides over access to natural resources
- Millions of people have marched this year calling for an end to climate injustice yet around the world just 4 percent of the world’s population live in countries where governments are properly respecting the freedoms of association, peaceful assembly and expression according to the CIVICUS Monitor.
- The annual United Nations climate change negotiations (COP), to be held in Madrid from 2 to 13 December was meant to be the ‘People’s COP’ but was unable to find a home in Latin America, which remains the most dangerous region in the world to be an environmental defender
Millions of people have taken to the streets in 2019 calling for an end to climate injustice but on the frontlines of the crisis and at the United Nations brave activists continue to be deliberately silenced.

This new position paper ‘We will not be silenced: Climate activism from the frontlines to the UN’ details how people who speak out for climate justice are threatened and intimidated with violence, repressive laws, frivolous lawsuits and disinformation campaigns. Instead of responding to the demands of the climate movement for a more ambitious and just response to the climate crisis, governments are choosing to smother their voices.

In October, when Chilean civil society called for the government to withdraw the military from the streets before hosting COP 25 the Piñera government instead responded by withdrawing overnight from hosting the pivotal meeting. Chile’s withdrawal reflects a worrying trend after Brazil earlier pulled out from hosting COP 25 and Poland, the host of COP 24, imposed restrictions on public mobilisations and limited the participation of accredited civil society.

Civil society scrutiny and contributions to UN climate talks are vital in a year when millions of people have marched in the streets demanding an end to climate inaction. Recent developments in UN climate talks - including the erasure of the landmark IPCC 1.5 degree report from negotiations - under pressure from states including Saudi Arabia - show the vital need for the COP 25 to be the first true ‘People’s COP’ - reversing the trends in closing space for civil society from the local to the global level.

For more information and interview requests please contact:

Lyndal Rowlands (English)
Natalia Gomez Peña (English, Spanish)

Download: English | Spanish
New Paper: Regulating Political Activity of Civil Society -- A look at 4 EU countries
A comparative analysis of regulation of civil society organisations’ ‘political activity’ and international funding in Ireland, Netherlands, Germany and Finland. Written by CIVICUS, Irish Council for Civil Liberties, with support from The Community Foundation for Ireland

This paper provides a comparative assessment of how the “political activities” of civil society organisations are regulated in Ireland and three other European Union member states. This paper focuses particularly on organisations, such as human rights organisations, which carry out public advocacy activities and rely on international sources for a substantial portion of their funding.

All four countries are rated as “open” by the CIVICUS Monitor, a global platform which tracks respect for civic space in 196 countries. These four european countries are also well known for their strong promotion of civil society, human rights and democratic freedoms through their foreign policy and international development cooperation on programmes.

Following a brief outline of key international and regional norms, the paper outlines relevant aspects of domestic regulatory systems in Netherlands, Germany and Finland. A final section sets out what Ireland could learn from these examples, with a view to reforming its laws and policies governing “political activities” and foreign funding of civil society organisations.

Download Paper
New Report: Civic Space in the Americas
People’s rights to organise, speak out and take action are being extensively violated in a large number of countries in the Americas. This is according to new research by global civil society alliance CIVICUS, the Caribbean Policy Development Centre (CPDC), the Charity and Security Network, the Latin American and Caribbean Network for Democracy (REDLAD) and the Rendir Cuentas initiative. Our findings are based on data from the CIVICUS Monitor, a new research collaboration to track and compare civic freedoms on a global scale.
New UN Special Rapporteur on the rights to freedom of assembly and association
The Civic Space Initiative welcomes Mr. Nyaletsossi Clément Voule as the new UN Special Rapporteur on the rights to freedom of assembly and association, and congratulates him on his appointment. The Civic Space Initiative (CSI) is a collaborative project of ARTICLE 19, CIVICUS: World Alliance for Citizen Participation, the European Center for Not-for-Profit Law (ECNL), the International Center for Not-for-Profit Law (ICNL), and the World Movement for Democracy.

Since its creation in September 2010, the mandate of the UN Special Rapporteur has been critical in providing practical guidance to States on how they should implement their human rights obligations as they relate to association and assembly, and has consistently stood up for those whose rights were violated. The CSI expresses its appreciation to the two previous mandate holders, Mr. Maina Kiai and Dr. Annalisa Ciampi.

Mr. Voule takes on this mandate at a time where the rights to freedom of peaceful assembly and association are under increasing pressure globally and the gap between states’ international commitments and national realities is growing ever wider. The Civic Space Initiative regards the mandate of UN Special Rapporteur as critical in bridging that gap. Mr. Voule will build on 20 years of experience in addressing this challenge, including coordinating the recent African Commission on Human and People's Rights Study Group on the laws governing freedom of association and assembly in the region, which produced guidelines to assist states in the implementation of these rights.

Having supported similar initiatives on a global, regional and country level since 2012, the Civic Space Initiative aims to influence policy actors to protect civic space; empower civil society actors to advance civic space freedoms; and increase the awareness and engagement of the public in supporting civic space. The CSI stands ready to support Mr. Voule in his capacity as Special Rapporteur, and urges all States to respect the rights to freedom of peaceful assembly and association and be responsive to the mandate.

For more information, please contact:
Andrew Smith, ARTICLE 19 (andrewATarticle19.org)
Susan Wilding, CIVICUS (susan.wildingATcivicus.org)
Vanja Skoric, ECNL (vanjaATecnl.org)
Nicholas Miller, ICNL (nmillerATicnl.org)
Troy Johnson, World Movement for Democracy (troyJATned.org)
NGO letter to EU Ministers on rule of law and human rights situation in Poland
As the EU General Affairs Council prepares to hold a hearing on 22 February on the rule of law in Poland under the Article 7.1 TEU procedure, the undersigned civil society organisations would like to draw your attention to some alarming developments. Since the Council last discussed the situation in June 2021, a severe and steady decline in the respect for EU values in Poland has continued unabated. Despite the numerous actions undertaken by EU institutions since the procedure was launched in 2017, the Polish government has continued to systematically infringe upon those standards and ignore EU recommendations and the EU Court’s rulings.
Nicaragua: Growing human rights violations require UN scrutiny to continue
UN Human Rights Council – Intersessional Activity

Interactive Dialogue on the interim oral update by the High Commissioner on the human rights situation in Nicaragua

🇳🇮#SOSNicaragua: Nos preocupa el creciente número de desplazados forzosos y los + de 240 presos políticos recluidos en condiciones degradantes y tratados cruelmente en las cárceles del país.
¡Pedimos urgentemente la libertad de todxs lxs presxs políticxs! https://t.co/07AZzoF28z pic.twitter.com/mBpfAoBcSV
— CIVICUS Español (@CIVICUSespanol) December 15, 2022

Delivered by Amaru Ruiz Aleman, Asociación Red Local

I make this statement on behalf of the Asociación Red Local, a member of the Nicaraguan Platform of NGO Networks.

We express our concern about the situation of the more than 240 political prisoners who are being held in degrading conditions and receive cruel treatment in various prisons in the country.

In the recent municipal elections, the Ortega government secured control of the 153 municipalities of the country in an arbitrary and non-transparent manner, thus restricting the civil and political rights of Nicaraguan citizens.

Due to the various human rights violations, more than 150,000 Nicaraguans are living in exile without being able to return to Nicaragua and more than 3206 civil society organisations and 55 media outlets have been shut down in a concerted effort by the Nicaraguan government to eliminate all dissenting voices.

We call on the members of the Council to support and strengthen the resolution on Nicaragua at the March 2023 Human Rights Council session to give continuity to the efforts of the Group of Experts and to the monitoring mandate of the Office of the High Commissioner for Human Rights, paying special attention to the restrictions of civic space, the conditions of political prisoners and the situation of forcibly displaced families.

Freedom for all political prisoners in Nicaragua!

Civic space in Nicaragua is rated as "Closed" by the CIVICUS Monitor
Nicaragua: Systematic repression of civil society and human rights defenders continues
Statement at the 54th Session of the UN Human Rights Council

Interactive Debate on Office of the United Nations High Commissioner for Human Rights (OHCHR)'s Report on Nicaragua

Delivered by Róisín Dunbar, CIVICUS

Thank you, Mr President,

CIVICUS welcomes the report by OHCHR on the human rights situation in Nicaragua, which documents the systematic repression of civic space as also reported by CIVICUS.

The seizure of the Central American University (UCA) is yet another example of the Nicaraguan authorities flouting of the right to freedom of expression and the right to freedom of peaceful assembly and association. We condemn the continued misuse of counterterrorism legislation to repress dissenting voices.

While the authorities released 222 political prisoners in February, the practice of arbitrary arrests and detention has continued in Nicaragua, including on accusations of conspiracy, treason and spreading of fake news. We are also concerned by the chilling effect such measures have had on Nicaraguan society, as noted by OHCHR in this report.

Werepeat our call on the government of Nicaragua to immediately and unconditionally release all political prisoners and to fully respect the fundamental civic freedoms of association, peaceful assembly and expression.

The revocation of the legal personality of 1,988organisations within 10 months as reported by OHCHR is also of grave concern. We urge the Nicaraguan authorities to repeal Laws No. 1040 on foreign agents and General Law No. 115 on the regulation of non-profitorganisations, and respect individuals right to freely associate.

High Commissioner, in light of Nicaragua’s complete lack of engagement with Human Rights Council mechanisms, couldyou pleaseadvisehow Statescanprotect academic freedom and support civil society actors documenting and reporting on human rights violations and abuses?

Civic space in Nicaragua is rated as 'closed' by the CIVICUS Monitor
NIGER: ‘Threats don’t solve problems; the international response must emphasise dialogue and negotiation’
CIVICUS discusses the recentmilitary coup in Niger with Clément Kocou Gbedey, Niger’s National Coordinator of the West Africa Network for Peacebuilding (WANEP).

WANEP is a regional organisation founded in 1998 in response to the civil wars that ravaged West Africa in the 1990s. With over 700 member organisations, it includes national networks in every member state of the Economic Community of West African States (ECOWAS). Taking a collaborative approach to conflict prevention and peacebuilding, it works with civil society, governments, intergovernmental bodies and other partners to establish platforms for dialogue, experience sharing and learning. In 2002, it entered into a partnership with ECOWAS to implement a regional early warning and crisis response system.

What were the causes of the recent military coup, and what’s the state of public opinion?

The coup was triggered by the continuing deterioration in the security situation, poor economic and social governance, and corruption and misgovernment. Thousands of people took to the streets of Niger’s capital, Niamey, in a peaceful demonstration supporting the coup and criticising other West African countries for imposing financial and trade sanctions on Niger.

Why did this happen? Because Nigeriens have the impression that Western countries, especially France, are in the business of exploiting all the country’s riches, such as uranium, oil and gold. And Niger still ranks poorly in terms of human development. The deposed authorities are said to have issued contracts for France to exploit mining and energy resources that are vital fuel for nuclear power. And the benefits of these contracts are only shared at the top, without people ever having any right to anything.

What restrictions have been imposed on civic space in the wake of the coup, and how has civil society reacted?

The coup led to further restrictions on civic space, including the suspension of political party activities and censorship of the international media outlets RFI and France 24, along with the closure of airspace. These measures are designed to prevent any challenge to military power and to guard against any external intervention.

The coup has had major impacts on civil society in Niger. Some civil society groups have expressed their support for General Abdourahamane Tchiani, who arrested President Mohamed Bazoum, and his men, who they see as saviours in the face of the terrorist threat and President Bazoum’s poor governance. But others have denounced the coup as an attack on democracy and the rule of law, and have called for the reinstatement of the elected president.

How long does the junta intend to stay in power?

The junta has set itself a number of long-term objectives and, although it has not yet given any indication of how long it intends to stay in power, it does not appear to be planning to leave in the near future. Its stated objectives are to correct the inconsistencies and inefficiencies of the ousted government’s security management, to review the country’s security approach and protect it against terrorism, to renew relations with neighbouring countries, particularly Burkina Faso and Mali, to improve the education and health situation and to combat the misappropriation of public funds. In doing all this, it claims to be putting Niger’s interests first.

The biggest challenge facing the military regime is the very tough sanctions imposed by ECOWAS, designed to isolate Niger economically, politically and diplomatically.

What have been the results of the foreign military presence in Niger so far?

French presence in Niger has focused on fighting terrorism, training and equipping the Nigerien security forces and promoting stability in the region. France has operated in Niger as part of its Operation Barkhane, aimed at supporting the countries of the Sahel in their fight against armed jihadist groups.

For some time now, however, French presence has been controversial among some parts of civil society, which consider it ineffective, neocolonial and contrary to our national interests. As of late, anti-French sentiment has evolved.

For the time being there is no Russian presence in Niger, but since the coup a pro-Russian sentiment has gained ground in people’s minds The public thinks that ECOWAS and international institutions have remained insensitive to the cries of the civilian population and are ready to turn to another power that might perhaps be able to help them.

Do you think the international community has reacted adequately to the coup?

The international community has condemned the coup, but the deposed president wants more: he has urged the USA and ‘the entire international community’ to help ‘restore constitutional order’.

But how? Sanctions have only aggravated the situation. ECOWAS, which claims to be aligned with people’s aspirations, was quick off the mark in imposing sanctions on Niger. The sanctions should be escalating, but this has not been the case and the situation has become untenable. With borders closed, sanctions are having serious consequences for the people of Niger, who were already suffering from poverty, food insecurity and a health crisis. Power cuts, fuel shortages, rising prices of basic necessities and the paralysis of commercial activities are just some of the difficulties affecting the daily lives of the people of Niger.

Intervention by ECOWAS would further complicate the situation in Niger and other neighbouring countries and could even lead to a subregional conflagration. We believe that what the international response needs to do is continue to emphasise dialogue and negotiation, because threats don’t solve problems.

What international support is Niger’s civil society receiving, and what support does it need?

Right now we’re not receiving any support, because everything is shut down by the unjust sanctions imposed on Niger. However, Niger’s civil society would need additional support to ensure its protection, sustainability and independence in the face of the threats and pressure it is facing as a result of the sanctions imposed by ECOWAS and international institutions. It would also need support to strengthen dialogue with public authorities and international actors and among CSOs, in order to build a common and concerted vision of Niger’s development.

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

Get in touch with WANEP through itswebsite orFacebook page, and follow@WANEP_Regional on Twitter.

The opinions expressed in this interview are those of the interviewee and do not necessarily reflect the views of CIVICUS.
Nigeria: Proposed NGO bill will be a death knell for civil society
Abuja —A proposed bill currently before Nigeria’s lawmakers, which will give the government sweeping powers over non-governmental organisations (NGOs), threatens the existence of Nigerian civil society, if passed into law.

The Nigeria Network of NGOs (NNNGO) and global civil society alliance, CIVICUS, have warned that the bill is clearly intended as a means to undermine the work of NGOs, especially those working to hold the government accountable. The fact that the House of Representatives hastily announced a scheduled public hearing for 13 and 14 December 2017 in the capital, Abuja is indicative of the intention of the authorities to avoid broad participation of civil society organisations from the different parts of Nigeria and ram the bill through the Legislature. Most CSOs are based outside of Abuja, where the public hearing will be held, making it difficult for them to travel to the hearing at short notice.

The Bill for the Establishment of the NGO’s Regulatory Commission for the Supervision, Coordination and Monitoring of NGOs and Civil Society Organisations makes it compulsory for all NGOs operating in Nigeria to register with the government and requires them to include details such has location and duration of proposed activities as well as information on all sources of funding. In addition, the proposed legislation states that NGOs will be required to provide “additional information” as requested by the Board during registration but does not say what this “additional information” would be.

These requirements make the registration process cumbersome and may inhibit the timely registration of some NGOs, making them susceptible to penalties. In addition, making NGO registration compulsory goes against international standards for freedom of association as it prevents informal associations from existing and operating freely because of their lack of formal status.

Said Oyebisi Oluseyi, NNNGO Director: “Civil society organisations in Nigeria provide social services to communities, contribute towards development outcomes and work to ensure that the government adheres to its human rights obligation.” If passed into law, the proposed NGO law will severely restrict the environment in which civil society operates and reverse socio-economic and democratic gains made over the years.”

The Bill provides wide powers to a regulatory agency to refuse to issue a registration certificate if, for example, it deems activities of the NGO to be against national interest. The Agency also has the authority to suspend or cancel a certificate that has been issued. Such broad powers place NGOs — especially those critical of government actions and who speak out against corruption and human rights violations — at the mercy of the authorities who can deregister organisations as a punitive measure for holding the government to account.

The content of the Bill is symptomatic of a growing global trend we now experience among governments to thwart the work of civil society organisations by placing restrictions on them in law and practice and by using the term “foreign agents” to discredit their work.

In addition, the Bill requires that NGOs register every two years and that the names of NGOs that fail to do so are deleted from the national register, forcing such NGOs to cease all their activities. It states that the registration of an organisation will be renewed on condition that the organisation submits its tax clearance certificate and other relevant documentation required by the Board.

The Bill compels NGOs to submit projects to the relevant government Ministry for approval and then registered with the agency’s board before they are implemented. The Bill does not place a limit on the registration fees for NGOs but leaves it to the discretion of the Commission. Individuals who violate provisions of the Bill face up to 18 months in prison or a huge fine and those convicted of such violations are prohibited from holding office in an NGO for a period of ten years.

Said David Kode, Advocacy and Campaigns Lead for CIVICUS: “If passed into law, this draconian bill will place civil society under the thumb of the government and practically take away the independence of NGOs. It might also set a negative precedent in the West African region, aggravating an already hostile environment for civil society.”

CIVICUS and NNNGO call on the Nigerian authorities to adhere to their constitutional and international obligations on freedom of association and expression and withdraw the Bill.

ENDS.

For more information contact:

Oyebisi Oluseyi

Nigeria Network of NGOs

+234 906 948 5207

David Kode

Lead: Campaigns and Advocacy

CIVICUS

+27 11 833 5959
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.

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: ‘Many women escape to experience the freedoms they are denied’
CIVICUS speaks with Kyeong Min Shin, researcher with Korea Future, about the situation in North Korea and the challenges faced by North Korean women in exile in South Korea.Korea Future is a civil society organisation that investigates human rights violations in North Korea and works with governments, national commissions, parliamentary bodies, civil society, diaspora groups and legal experts and organisations across the world to hold those most responsible accountable for their crimes.

What proportion of North Korean exiles are women, and what specific challenges do they face due to their gender?

Of the 33,834 North Koreans who have escaped the Democratic People’s Republic of Korea (North Korea), most of whom have found refuge in the Republic of Korea (South Korea), 72 per cent are women and girls, and around 60 per cent are women in their 20s and 30s.

South Korea is a liberal democracy. However, women continue to experience structural, direct and indirect discrimination across the political, economic and social spheres. For North Korean women exiled in South Korea, these challenges are magnified. Our research has found that 43 per cent of exiled North Korean women had experienced identity-based discrimination, grounded in historical prejudices, in addition to gender-based and indirect forms of discrimination. This has led to the social, economic and political marginalisation of exiled North Korean women in the diaspora and wider South Korean society.

What kind of conditions are these women escaping from, and how do they manage to escape?

In North Korea, the ruling Workers’ Party of Korea implements policies and oversees practices that are openly hostile to women. Legislation designed to protect women is inadequate and unenforced. Acts of sexual and gender-based violence are perpetrated against women of every class, age and status. The persistence of economic violence targeted at women forces many to adopt perilous activities, which in turn leads to further and more severe human rights violations, including human trafficking, forced marriage, forced abortions and other forms of sexual and gender-based violence.

While individual motives to escape North Korea differ, I would highlight two distinct patterns. First, many women have told me they escaped to experience the freedoms they were denied in North Korea, to reunite with family members in South Korea who had previously escaped their homeland, and to be able to earn a living and feed their families. Second, we found that many women are forced to enter China through economic necessity. There, many fall victim to human trafficking and are sold into either prostitution or forced marriages in rural areas. While escape is difficult owing to China’s policy of returning refugees, some are successful and travel through China and southeast Asia before finding sanctuary in South Korea.

How are they received in South Korea, and what challenges do they face?

Upon their entry into South Korea, North Korean exiles often receive South Korean citizenship and are not considered refugees. However, exiled North Koreans who have settled in South Korea face unique forms of identity-based discrimination, grounded in historical prejudices about North Korea as dangerous and communist and North Korean exiles as disloyal, idle, unthankful or ill-mannered. According to our survey, 43 per cent of respondents have experienced at least one form of identity-based discrimination since arriving in South Korea. Across the diaspora, 18 per cent of North Korean women and men experienced discrimination in South Korea in 2020.

North Korea maintains clandestine agents in many countries, including South Korea. If the presence of exiles in South Korea is established by these agents, remaining family members in North Korea can be subject to extortion and punishment under the principle of ‘guilt by association’. There have also been cases where exiles in South Korea have been coerced by North Korean state agents to return to North Korea, although this is less common.

How is your organisation working to respond?

Korea Future is a non-profit, non-governmental organisation investigating human rights violations in North Korea in support of justice and accountability. We were founded in London in 2017 and expanded from a long-running civil society and diaspora collective that had documented human rights violations and provided assistance to North Korean refugees who were exiled in Europe. Today, we are a diverse team of professionals with over 30 years of combined experience working on North Korea with offices in Seoul, London and The Hague.

We primarily undertake detailed in-person interviews with North Korean survivors, perpetrators and witnesses of human rights violations and advocate for justice and accountability. We also source internal documents and photographic and video evidence from inside North Korea as part of our ongoing investigations. More recently, we used digital modelling to recreate the internal architecture of a North Korean detention centre. This was the first time anyone had been able to see inside a North Korean penal facility.

Much of our information is stored in the North Korean Prison Database, a growing and comprehensive archive of international human rights law violations and atrocities that have transpired in the North Korean penal system. The database is freely available to legal practitioners, policymakers, researchers, civil society organisations, journalists and more.

We also engage in capacity strengthening of exiled North Korean women to increase their involvement in and leadership of human rights investigations, documentation and organisations. I recently completed a two-year project with exiled women, exploring how the human rights movement, particularly grant-makers, can deploy their resources to better support the active participation and leadership of exiled women and exiled women-led organisations.

How should the South Korean government engage with North Korea? And what should the international community do?

We encourage and support all states and the wider international community to work toward justice and accountability solutions for North Korea. It is well established that crimes against humanity are ongoing in North Korea, and this should inform how states approach the situation. Human rights cannot be divorced from other diplomatic initiatives or approaches to North Korea’s nuclear proliferation. The reality today is that there are no international mechanisms to investigate North Korea, nor are there any ongoing international or domestic court cases. It is too easy to assume that a problem like North Korea is too difficult to solve. A solution has to start somewhere, and failing a referral of North Korea to the International Criminal Court or the formation of an international tribunal, we encourage the examination of other approaches, such as investigation under the principle of universal jurisdiction and targeted human rights sanctions. While North Korea is probably the largest crime base in modern history, it should be seen as remarkable that it remains the least documented and understood as well.

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

Get in touch with Korea Future through itswebsite and follow@KFuturexhr on Twitter.

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