civil society
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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.
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NORTHERN CYPRUS: ‘Civil society is not involved in decision-making and is considered a nuisance’
CIVICUS speaks with DeryaBeyatlı, Director of the Human Rights Platform,about the space for civil society in Northern Cyprus and the prospects for reunification in the context of the 2023 Cyprus and Turkish presidential elections.Established in 2021, theHuman Rights Platform isa Turkish-Cypriot civil society umbrella organisation bringing together seven human rights organisations guided by the vision of an egalitarian, democratic and inclusive society where human rights and fundamental freedoms are protected and accessible for everyone.
What do you make of the results of the Cyprus presidential election?
In the latest presidential election, held in February 2023, we saw a rise of nationalist and racist rhetoric. In response to losing ground, the left-wing Progressive Party of Working People (AKEL) supported a candidate who was more nationalistic than the party itself, but was still defeated in the runoff by Nicos Christodoulides, who was backed by centrists and right-wing parties.
It is clear to me that over the past few years Cyprus has been affected by the same shift towards radical right-wing politics that we’ve seen elsewhere in Europe.
What does the Human Rights Platform work on?
One of the main objectives of the Human Rights Platform is to document human rights violations committed by the government of Northern Cyprus, which is largely controlled by the Turkish authorities. I have observed that both society and the local authorities are becoming more racist, largely in reaction to the inflow of Black students who are lured with the promise of a job in Europe and trafficked into the northern part of Cyprus. Only in 2020 was human trafficking recognised as a crime in Northern Cyprus, and yet more than two years later, there has been only one court verdict in a case involving this crime. The authorities are unwilling to deal with human trafficking crimes and other human rights violations and keep blaming the victims instead.
What is the current state of reunification talks?
Ever since 1974, Cyprus has been split along ethnic lines, with Greek and Turkish Cypriots living on either side of the Green Line, a buffer zone under United Nations (UN) control. Christodoulides assumed that reunification talks might resume due to Turkey’s rapprochement with the west in search of relief to address damage caused by recent earthquakes and right after being elected said that the reunification of Cyprus is his priority. However, I think neither him nor Ersin Tatar, the current president of Northern Cyprus, who has strongly advocated for a two-state solution for many years, nor the Turkish and Greek guarantors are actually interested in the reunification of Cyprus.
The two-state formula currently advocated by Tatar was put on the table back in 2002 by Rauf Denktash, the founding president of Northern Cyprus, and was widely rejected by UN member states, with the exception of Turkey. Turkish President Recep Tayyip Erdoğan has repeatedly expressed his support for the two-state solution, so I don´t think his re-election changes anything.
Reunification talks are currently on hold and I’m afraid we’re headed towards permanent division. Neither Turkey nor the Republic of Cyprus (RoC) are eager to give up the power they exercise and share it with Turkish Cypriots. We are in a sandwich position, where Turkey interferes with the local matters of Northern Cyprus and the RoC discriminates against Turkish-speaking citizens of the island.
One of the numerous human rights implications of the division of Cyprus is that there are around 30,000 children of mixed marriages who cannot get RoC citizenship and hence become European Union (EU) citizens. Despite Turkish language being an official language of the RoC, official documents and legislation are all in the Greek language, leaving Turkish Cypriots out. Turkish Cypriots cannot open a bank account or establish an association unless they live in government-controlled areas. And the list goes on.
What obstacles does civil society face in Northern Cyprus?
The division of the island creates challenging civic space conditions in Northern Cyprus, where the Human Rights Platform is registered. We face many obstacles due to the fact that we work in areas not under the effective control of the government of RoC. It’s very difficult to make our voices heard and get access to funding available to EU member states because we are not legally registered in a member state. Yet we cannot do so, since we do not reside in the government-controlled areas. Our only funding opportunity is the Financial Aid instrument of the European Commission (EC), which is highly competitive and offers limited funds to civil society.
The local authorities of Northern Cyprus prefer directing EU funds towards infrastructure and economic development, and regard supporting civil society as unnecessary and therefore a complete waste of funds. Turkish Cypriot civil society organisations (CSOs) aren’t involved in decision-making mechanisms and are considered a nuisance. Meanwhile, local public funds are only available to government-sponsored non-governmental organisations, also known as GONGOs, that are under the effective control of the Turkish Embassy and the Turkish Cypriot political leadership.
Perceived by local authorities as a threat, Turkish Cypriot civil society is silenced and sometimes attacked on mainstream media. Public TV, radio and news agencies are almost inaccessible for us. CSOs working to protect human rights and safeguard democracy in Northern Cyprus are systematically marginalised. Since we maintain relationships with the EC, EU member states and the USA, we are often regarded as ‘foreign agents’ and threatened and blackmailed, sometimes openly but mostly discreetly. A widely used tactic is the use of fake social media accounts promoting extremely nationalistic content and blaming Turkish Cypriot civil society activists for trading the country to the Greeks or to imperialistic powers.
What international support do Turkish Cypriot human rights CSOs need?
Most international intergovernmental organisations and their agencies prefer to ignore our presence. Since we are in a place the existence of which they don’t recognise, they refuse to even meet with us, let alone hear us out. We need both political and financial support in order to get stronger and become more effective in our struggle to uphold democracy and human rights in Northern Cyprus.
Civic space in Cyprus is rated ‘narrowed’ by theCIVICUS Monitor.
Get in touch with the Human Rights Platform through itswebsite or itsFacebook page, and follow@ihp_hrp and@DBeyatli on Twitter.
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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.
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Nuestro patrimonio es una sociedad civil de éxito
Por William Gumede, presidente ejecutivo de la fundación Democracy Works
La publicación de este artículo ha sido promovida por CIVICUS como parte de las celebraciones de nuestro 25 aniversario.
Al celebrar nuestras diversas culturas durante el Mes del Patrimonio, vale la pena celebrar también una cultura de la sociedad civil que no sólo ha promovido la diversidad cultural, sino que también es diversa en sí misma, con un patrimonio ganado con mucho esfuerzo y que lucha incansablemente por los derechos de los pueblos de este país.
Encuentre el artículo en inglés en: Mail and Guardian
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Nutrition is political and civil society needs to shape those politics
By Danny Sriskandarajah
The two major nutrition meetings - the Global Nutrition Summit in Milan and the Scaling Up Nutrition Movement global gathering in Abidjan – held this month were celebrations of the major progress made in this area in recent years, but also provided a glimpse of the challenges ahead, especially for civil society. Indeed, what is happening in nutrition seems like a microcosm of the broader sustainable development agenda.
Read on: HuffingtonPost
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One Year after the Illegitimate Military Coup in the Republic of the Union of Myanmar
Joint LGBTIQ+ Civil Society Statement
We will never forget. It has been a year since the violent and illegitimate occupation of the democratically elected government by Myanmar's military junta on 1 February 2021. This was at a period when the people were at their most vulnerable, amid the COVID-19 pandemic. It was and still is a grave and utter betrayal of the public will and trust and a sheer disregard of democratic institutions and values.
In the past 365 days, we have been witnessing accounts of serious human rights violations, including extrajudicial killings, criminalisation, arbitrary detentions, illegal arrests, torture, violent reprisals, and sexual and gender-based violence committed against pro-democracy activists and human rights defenders.
This junta has fueled a humanitarian crisis that continues to impose fear, escalating violence, and destroy innocent lives throughout the country. Bombings of villages identified as centres of the opposition had resulted in killings of civilians and humanitarian workers and triggered gross internal displacement of communities. The crisis continues to escalate and has spilt across its borders as thousands have fled and sought refuge in neighbouring countries.
We are appalled by the junta's disregard of socio-economic and health emergencies caused by the COVID-19 pandemic, such as curtailing supplies of oxygen and medicines, arresting doctors and medical personnel, and leaving thousands to die without medical help.
We will always remember. The sheer tenacity, bravery and courage of LGBTIQ+ persons who were and are at the frontlines fighting for democracy, dignity, and freedom will forever be commemorated and ingrained in our collective memory. Despite repressive conditions, our LGBTIQ+ siblings have tirelessly campaigned both online and offline in pursuit of reclaiming democracy and urging for a global action to condemn military-led atrocities. We are deeply moved by various forms of creative resistance such as flash mobs, the waving of rainbow flags, the march of drag artists that had become symbols of peoples' solidarity and strength.
This military junta and their supporters have blood on their hands. We deeply regret that many have been separated from their loved ones and have lost their lives amid the struggle. Data reported by Myanmar's National Unity Government (NUG) in June 2021 revealed that at least 12 LGBTIQ+ people were shot to death, while hundreds more were detained, arrested, and severely tortured based on their SOGIESC. Many are currently in hiding to escape retaliation.
We stand firmly in solidarity.As long as Myanmar is unfree, democracy in Southeast Asia will never move forward. We commit our continuous support for efforts to reclaim and fortify human rights, freedoms, peace and democracy in Myanmar. Human rights and freedoms, particularly of LGBTIQ+ peoples, can flourish only if the people are recognised and respected as the rightful sovereign of the country. As such, we strongly deplore the military junta as an illegitimate force that is unworthy of any recognition.
We urge the UN to step up and impose necessary sanctions and actions against the junta. Min Aung Hlaing, the rest of the military leadership, their political allies, and their families should be made accountable for the atrocities they committed.
We urge all governments, the UN, and the entire international community to recognise Myanmar's National Unity Government (NUG) immediately and assure urgent unified response to provide unified assistance for putting Myanmar back on the path to democracy, the restoration of fundamental freedoms such as on information and expression, and guarantee the prevalence of peace and prosperity. While Myanmar is in crisis, we urge the international community to open up its borders, facilitate safe passage, and create domestic conditions to guarantee safety and dignity for all Myanmar persons seeking refuge.
We urge ASEAN, especially the government of Cambodia in its capacity as the Chair of the regional bloc, to fully implement its Five-Point Consensus on Myanmar: an immediate cessation of violence, constructive dialogue with all stakeholders especially marginalised and ethnic groups who are excluded from political processes, provision of humanitarian assistance, and the appointment and unhindered visits of an ASEAN Special Envoy to facilitate constructive dialogues with all stakeholders.
To our Myanmar LGBTIQ+ queerblings both in the country and abroad, you are not alone in this struggle. We are with you until and after democracy is fully regained in your beloved country.
In solidarity: List of Organizational Signatories
Regional Organisations
APCOM Foundation
ASEAN SOGIE Caucus
Asia Indigenous Peoples Pact
Asia Pacific Transgender Network (APTN)
Equal Asia Foundation
ILGA Asia
Initiatives for International Dialogue
International Women's Rights Action Watch Asia Pacific (IWRAW AP)
Intersex Asia
Pan Africa ILGA
RFSL
SHAPE-SEA
Youth Voices Count
Cambodia
CamASEAN Youth's Future (CamASEAN)
Indonesia
Arus Pelangi
Cangkang Queer
CIVICUS: World Alliance for Citizen Participation
ESBISQUET
Komunitas Sehati Makassar
GAYa Nusantara Foundation
Malaysia
JEJAKA Malaysia
Justice for Sisters
People Like Us Support Ourselves (PLUsos)
People Like Us Hang Out! (PLUHO)
SEED
Nepal
Blue Diamond Society
Netherlands
Filipino LGBT Europe
Pakistan
National Forum of Women With Disabilities (NFWWD)
Philippines
Asexual Support Philippines
Bisdak Pride
Camp Queer
Care for Queers
Galang Philippines
Iloilo Pride Team
Intersex Philippines
Kapederasyon LGBT Organization
LakanBini Advocates Pilipinas
Lakapati Laguna
LGBT Bus
LGBTQ Plus Partylist
LGBTS Christian Churches
Metro Manila Pride
Mindanao Pride
MUJER-LGBT Organization, Inc.
Pioneer Filipino Transgender Men Movement (PFTM)
Side B Philippines
Society of Trans Women of the Philippines (STRAP)
Transmasculine Philippines
UPLB Babaylan
Youth for Change
Youth for YOUth Organization
Singapore
My Queer Story SG
Thailand
Free Gender TH
Manushya Foundation
Mokeluang Rimnam
Sangsan Anakot Yawachon Development Project
School of Feminist, Thailand
Sexuality and Gender Acceptance (SAGA) Thailand
TaiPride
The LinQ
V-Day Thailand
Timor Leste
ARCOIRIS Timor Leste
This statement was also signed by 4 organisations from Myanmar who opted not to be identified due to security reasons.
Individual Signatories
50 Individual Activists from the following countries: Australia, Cambodia, France, Indonesia, Malaysia, Myanmar, Nepal, Netherlands, Pakistan, Philippines, Singapore, Thailand, Timor Leste, Turkey, and United Kingdom.
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Open Letter to President Aquino Concerning Civil Society in the Philippines
Click here to download
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Open letter: Ensure continued monitoring of the human rights situation in Eritrea
To Permanent Representatives of Member and Observer States of the United Nations Human Rights Council
Excellency,
We, the undersigned human rights organizations, are writing to urge you to support the adoption of a resolution at the upcoming 41st session of the UN Human Rights Council (“Council”) to maintain a monitoring and reporting mandate on the human rights situation in Eritrea.
The human rights situation in Eritrea remains dire, notwithstanding recent developments, including the Eritrea-Ethiopia Summit, the reopening of the border between the two countries, and the signing of a tripartite agreement between Ethiopia, Eritrea, and Somalia.
A free and independent press continues to be absent from the country and 16 journalists remain in detention without trial, many since 2001. Eritrean authorities are yet to produce evidence that those arbitrarily jailed are alive. Throughout the country, authorities have restricted and suppressed civic space. At the Council’s 40th session in March 2019, the UN Deputy High Commissioner for Human Rights highlighted impunity for past and ongoing human rights violations, including arbitrary arrests and incommunicado detention, violations of the right to a fair trial, lack of information on the fate and whereabouts of disappeared persons, lack of access to justice, lack of enforcement of the 1997 Constitution, the imposition of severe restrictions to the enjoyment of human rights, including the rights to freedom of expression, peaceful assembly and association, and religion or belief, and the continued use of indefinite national service involving torture, sexual violence and forced labour. She stressed: “[A]s far as [the Office of the UN High Commissioner for Human Rights, OHCHR] is aware, the actual human rights situation for the people of Eritrea has not improved in the past year.” Ongoing severe violations, including their gendered impact and generalised impunity, call for a high level of monitoring and public reporting.
This is the wrong time for the Council to relax scrutiny of the situation in Eritrea. In its resolution 38/15, adopted by consensus in July 2018, the Council invited the Special Rapporteur to “assess and report on the situation of human rights and the engagement and cooperation of the Government of Eritrea with the Human Rights Council and its mechanisms, as well as with the Office of the High Commissioner, and, where feasible, to develop benchmarks for progress in improving the situation of human rights and a time-bound plan of action for their implementation.”
The Special Rapporteur will present her report on reform benchmarks at the upcoming Council session. These provisions, which offer a constructive way forward, outline an expectation of continued attention to, and engagement with, the country. The Council should now ensure adequate follow-up. Failure to do so would doubtless be interpreted by Eritrea as an endorsement of the status quo, further entrenching systemic rights violations. Discontinuation of the mandate should only occur when and if these benchmarks are met and there is demonstrable and concrete progress in the promotion, protection and realisation of human rights.
As a newly-elected member of the Council, Eritrea has an obligation to “uphold the highest standards in the promotion and protection of human rights” and to “fully cooperate with the Council” (UN General Assembly resolution 60/251). Eritrea has not adhered to its membership obligations and has neither invited the Special Rapporteur nor accepted her request to visit the country. Eritrea is one of only 22 countries that have never received a country visit from any Special Procedure, despite requests from numerous mandate-holders.
Obstructionist behavior should not be rewarded. Eritrea’s membership in the Council should be fully leveraged for improvements in the country’s human rights situation and cooperation with the Council and its mechanisms. The Council should urge Eritrea to change course and engage with the UN human rights system.
At its 41st session, the Council should make clear that membership does not prevent, but rather triggers an enhanced responsibility to accept, scrutiny. It should adopt a resolution maintaining a Special Procedure mandate and a high level of monitoring and public reporting, to ensure that the grave and systemic human rights violations identified by OHCHR and the Council’s own mechanisms are addressed and accountability for these violations is achieved.
We thank you for your attention to these pressing issues and stand ready to provide your delegation with further information.
Sincerely,
Signatories:
AfricanDefenders (the Pan-African Human Rights Defenders Network)
Amnesty International
ARTICLE 19
Association for Human Rights in Ethiopia (AHRE)
Cairo Institute for Human Rights Studies
Center for Reproductive Rights
CIVICUS
Civil Rights Defenders
Committee to Protect Journalists
CSW (Christian Solidarity Worldwide)
DefendDefenders (the East and Horn of Africa Human Rights Defenders Project)
Eritrea Focus
Eritrean Diaspora in East Africa (EDEA)
Eritrean Law Society (ELS)
Eritrean Movement for Democracy and Human Rights (EMDHR)
Front Line Defenders
Geneva for Human Rights / Genève pour les Droits de l’Homme
Global Centre for the Responsibility to Protect
Human Rights Concern - Eritrea (HRCE)
Human Rights Defenders Network - Sierra Leone
Human Rights Institute of South Africa (HURISA)
Human Rights Watch
International Commission of Jurists
Information Forum for Eritrea (IFE)
International Refugee Rights Initiative
International Service for Human Rights
Network of Eritrean Women (NEW)
Odhikar, Bangladesh
One Day Seyoum
Release Eritrea
Reporters Without Borders
World Organisation Against Torture (OMCT)
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Opinion: Government attacks on humanitarian organisations and human rights rising
By Lysa John, Secretary-General of CIVICUS.
There are now serious restrictions in civic space on every continent, but yet even as they grab more power, we find the world’s leaders are apparently incapable of responding to the great challenges of the day. They are failing to fight overwhelming inequality, remaining silent on the human rights abuses of states such as Saudi Arabia and Sudan, and letting down the people of Syria and the Rohingya people of Myanmar, among many others.
From Brazil to India, deeply divisive political agendas are seen to have gained national prominence by harnessing public anger toward fundamental economic and governance failures. The promise of anti-establishment change has helped authoritarian leaders win elections by joining groups of people together on the basis of what they oppose, but without tangible evidence of change that addresses the failures behind people’s anger.
Read on: Devex
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Osama Al-Najjar
OSAMA AL-NAJJAR
Name: Osama Al-Najjar
Location: United Arab Emirates (UAE)
Reasons Behind Bars
Human rights defender and online activist Osama Al- Najjar, was arrested on 17 March 2014 in Abu Dhabi by state security forces. Preceding his arrest, Osama was returning from the Arazeen jail where his imprisoned father, Hossain Al-Najjar, is currently serving an eleven year prison sentence for being a member of UAE94, a group of 94 activists serving heavy prison sentences on highly questionable grounds for attempting to overthrow UAE’s authoritarian government.
Upon his arrest, Osama’s whereabouts were kept secret from his immediate family. He was kept in solitary confinement and tortured at a secret detention centre in Abu Dhabi for four days before he was transferred to the Alwathab jail in Abu Dhabi.
Osama remained in pre-trial detention for six months before his first court hearing on 23 September 2014 at the Federal Supreme Court in Abu Dhabi. He is charged with being a member of Al-Islah (Reform and Social Guidance Association), a group banned in UAE for its alleged links to the Muslim Brotherhood, offending the State on Twitter, instigating hatred against the State via Twitter and spreading lies on Twitter about the torture of his father.
During his second hearing at the same court on 14 October 2014, Osama expressed that he was prevented from accessing his case file and was not allowed to contact his lawyer while in detention. The court postponed Osama’s case for a third time to 28 October 2014 to hear pleadings from both the defence and the prosecution. UAE authorities have not yet shared information on Osama’s final hearing, raising serious concerns that Osama’s access to justice will be delayed in reprisals for his legitimate human rights work.
Background Information
Osama has been active on Twitter since 2012 and has used the platform to highlight fundamental human rights of political detainees and call for an end to their ill- treatment. Osama has also in the past commented on the unfair trial and imprisonment of the UAE94. On 16 March 2014, hours before his arrest, Osama replied to the ruler of Sharjah on Twitter and said “The people responsible for imprisoning and harassing my father for the past 20 months owe him.”
The arbitrary arrest of Osama Al-Najjar is another routine example that demonstrates UAE authorities’ growing intolerance of online and offline dissent. Since its second cycle review under the Universal Periodic Review in 2013, UAE has placed a number of worrying restrictions on the rights to freedom of opinion and expression, and has not yet ratified the International Covenant on Civil and Political Rights (ICCPR).
For more information:
Take Action
Join Amnesty International's Urgent Action and write to the President Sheikh Khalifa bin Zayed Al Nahyan, Crown Prince of Abu Dhabi Sheikh Mohamed bin Zayed Al Nahyan, and the Minister of Interior demanding the immediate and unconditional release of Osama Al-Najjar
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Our heritage is a successful civil society
By William Gumede, Executive Chairperson of Democracy Works Foundation
The publication of this piece was facilitated by CIVICUS as part of our 25th anniversary celebrations
As we celebrate our diverse cultures during Heritage Month, worth celebrating too is a civil society culture that has not only promoted cultural diversity but is also itself diverse, with a hard-won heritage of tirelessly fighting for the rights of the people in this country.
Read on: Mail and Guardian
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Outcomes from the 51st Session of the UN Human Rights Council: Progress & Shortcomings
Joint statement from the end of the United Nations' 51st Session of the UN Human Rights Council
12 organisations share reflections on the key outcomes of the 51st session of the UN Human Rights Council, as well as the missed opportunities to address key issues including human rights situations in Afghanistan, China, Philippines, and Yemen.
Thematic issues and resolutions
We welcome that for the first time, the Council heard from two representatives of directly impacted communities from the podium in the enhanced interactive dialogue with the High Commissioner and the International Independent Expert Mechanism to AdvanceRacial Justice and Equality in Law Enforcement: Collette Flanagan of Mothers against Police Brutality (MAPB) whose son was killed by U.S. police in 2013; and Jurema Werneck, director of Amnesty International in Brazil. As highlighted in the HC’s report, States are continuing to deny the existence and impact of systemic racism, especially institutional racism. Our view is that States actively protect the interests of police institutions in order to maintain the status quo which is designed to oppress Africans and people of African descent. We call on States to fully implement the Durban Declaration and Programme of Action (DDPA), to fully cooperate with the International Independent Expert Mechanism to Advance Racial Justice and Equality in the context of Law Enforcement including accepting country visits, implement the recommendations from their report and the High Commissioner’s Agenda towards Transformative Change for Racial justice and Equality.
We welcome the ‘from rhetoric to reality: a global call for concrete action against racism, racial discrimination, xenophobia and related intolerance’ resolution. The resolution, interalia, strongly condemns the discriminatory treatment, unlawful deportations, excessive use of force and deaths of African migrants and migrants of African descent, including refugees and asylum-seekers, at the hands of law enforcement officials engaged in migration and border governance. It calls on States to ensure accountability and reparations for human rights violations at borders and to adopt a racial justice approach, including by adopting policies to address structural racism in the management of international migration. It reiterates that the Transatlantic Trade in Enslaved Africans and colonialism were grave violations of international law that require States to make reparations proportionate to the harms committed and to ensure that structures in the society that are perpetuating the injustices of the past are transformed, including law enforcement and administration of justice and to dispense reparatory justice to remedy historical racial injustices.
We welcome the HRC’s first discussion on the legacies of colonialism as a step towards challenging entrenched structures of racism and colonialism, including in its contemporary manifestations as exemplified by apartheid in the Palestinian context. Some of the most entrenched forms of systemic racism are the result of continuing legacies of slavery, the Transatlantic Trade in Enslaved Africans and colonialism. The DDPA recognizes that colonialism has led to racism, racial discrimination, xenophobia and related intolerance and emphasises the structural forms of racism and racial discrimination that to this day require urgent attention, especially for Africans and people of African descent, Asians and people of Asian descent and Indigenous Peoples who were victims of colonialism and continue to be victims of its consequences. We concur with the Special Rapporteur on racism that “there can be no real way out of our most pressing global crises without meaningfully addressing the legacies of colonialism…[and] failure to address colonial legacies, especially by former and contemporary colonial powers is an important part of our global crises.” We call on the Council to keep colonialism on the agenda of the HRC until all of its manifestations are eradicated. A true decolonial approach must not only focus on the perceived “extreme” manifestations of racism and individual prejudice, but also on the systems of oppression that create an enabling environment for continued human rights violations.
We welcome the resolution on the “human rights implications of new and emerging technologies in the military domain”and its request for a study examining these implications. The adoption of the resolution adds to the growing attention that UN human rights mechanisms are paying to the negative human rights impacts of arms, including new technologies that can be weaponised. It is undoubtable that concerns relating to the military domain should not be seen as only relevant to disarmament fora. In response to comments from some States on whether international humanitarian law (IHL) falls within the remit of HRC, we recall that international human rights law and IHL are complementary and mutually reinforcing, as the HRC itself has reiterated on several occasions in past resolutions. We welcome the inclusion of paragraph on the responsibility to respect human rights of business enterprises, and in this regard, we recall the Information Note by the UN Working Group on Business and Human Rights on the Arms Industry (“Responsible business conduct in the arms sector: Ensuring business practice in line with the UN Guiding Principles on Business and Human Rights”) published in August 2022. While we welcome the reference in the resolution to the role of human rights defenders and civil society organisations in raising awareness about the human rights impacts of the use of new and emerging technologies in the military domain, we regret that it does not include a specific mention of the risks that the use of these technologies can pose for human rights defenders and civil society organisations.
We welcome the resolution on arbitrary detention and especially the inclusion of a new paragraph on the necessity to fully implement the Declaration on Human Rights Defenders. The resolution recognises the role of HRDs, peaceful protesters, journalists and media workers in safeguarding the prohibition of arbitrary deprivation of liberty and calls upon States to make sure that they are not arbitrarily detained as a result of their activities. We further commend the main sponsor, France, for having rejected any language that could have weakened the resolution, especially on the right to legal assistance.
We welcome the adoption of the safety of journalistsresolution. It has now been a decade since the first resolution on this topic, and the HRC has since created an elaborate and robust set of international standards to protect journalists. This iteration of the resolution adds new strong commitments on multiple new and emerging issues affecting journalists, from strategic lawsuits against public participation to extraterritorial attacks. It also strengthens language on investigations into attacks against journalists, calling on authorities to exhaust lines of enquiry that determine whether such attacks are linked to their journalistic work. We now urge States to implement these commitments to their full extent.
We welcome the approval by consensus by the Council of the resolution on terrorism and human rights, that has been updated with important paragraphs related to the centrality of the rule of law and human rights to counter terrorism, international human rights obligations in transfers of terrorist suspects, profiling of individuals, detention, the right to a fair trial and other due process guarantees, the right to privacy and freedom of expression, and in relation to children rights and civil society. We regret that paragraphs stemming from security based concerns have increased even though they are unrelated to the competence of the Council to promote human rights.
Human rights situations on the Council’s agenda
We warmly welcome the adoption of the resolution on the human rights situation in the Russian Federation, mandating a Special Rapporteur on Russia for the first time. Over the last several years, and particularly since Russia's renewed illegal invasion of Ukraine began on 24 February, the Russian authorities have engaged in a systematic campaign of repression of human rights and restriction of civic space including by shutting down independent media, intimidating and harassing human rights defenders and activists, banning peaceful protest, and imposing impermissible restrictions on the operations of independent civil society organisations in the country, including those that seek justice and effective remedies for human rights violations. The Russian Federation’s growing repressive policies, combined with the country’s exclusion from the Council of Europe – victims of new human rights violations committed by the Russian Federation from 17 September lost protection under the European Convention on Human Rights– and its diplomatic isolation from those States which have been supportive of human rights and civil society in Russia, have made it increasingly difficult for Russian human rights defenders, activists, and civil society organisations to engage with the international community. Russian civil society had been vocal in calling for a Special Rapporteur's mandate, strongly believing it will help to create a bridge between the United Nations and Russian civil society and the wider general public in Russia at an acute moment of widespread domestic human rights violations, both ensuring their voice is heard at an international level, and that the United Nations can further develop its understanding and analysis of the deterioration in Russia's domestic human rights situation and the implications that has had - and continues to have - for Russia's foreign policy decisions.
We welcome the extension and strengthening of the OHCHR capacity to collect, consolidate, analyse and preserve evidence and information and to develop strategies for future accountability, as well as to extend the mandate for enhanced monitoring and reporting by the OHCHR on Sri Lanka. Given the complete lack of any credible avenues for accountability at the national level, the OHCHR’s Sri Lanka Accountability Project remains the only hope of justice, more than thirteen years after the war, for thousands of victims of war time atrocities and their families.
We welcome the UN Secretary General’s reporton missing people in Syria; and urge States to support and implement the report’s findings, in line with resolution A/HRC/51/L.18 which underscored "the report’s finding that any measure towards addressing the continuing tragedy of missing persons in the Syrian Arab Republic requires a coherent and holistic approach going beyond current efforts, which must be inclusive and centered on victims". Addressing the issue of missing persons in Syria requires a "new international institution" mandated to clarify the fate and whereabouts of missing persons, to “work in cooperation and complementarity with existing mechanisms”, the body having “a structural element that ensures that victims, survivors and their families [...] may participate in a full and meaningful manner in its operationalization and work” as recommended in the study of the Secretary General.
The Council has taken a vitally important step in renewing the mandate of the Fact-Finding Mission on Venezuelaand of the reporting mandate of OHCHR for a further two years. In its most recent report, A/HRC/51/43, the Fact-Finding Mission deepened its investigation of alleged crimes against humanity, making clear that alleged perpetrators remain in power. The ongoing accountability drive through the work of the Mission allied with the work of OHCHR, is key to providing victims of violations with hope for justice. It is also key to the prevention of ongoing violations, particularly in the context of upcoming elections, and of encouraging political processes that respect human rights.
Human rights situations which should be on the Council’s agenda
We regret that the Council failed to respond adequately to several human rights situations including Afghanistan, China, Philippines, and Yemen.
We welcome the extension and strengthening of the mandate of the Special Rapporteur on Afghanistan. However, this in no way makes up for the Council’s repeated failure to respond to the calls from Afghan human rights defenders, especially women human rights defenders, and civil society for an independent accountability mechanism with a mandate and resources to investigate the full scope of violations abuses that continue to be committed in Afghanistan by all parties and to preserve evidence of these violations for future accountability. It is particularly concerning that despite the overwhelming evidence of gross violations and abuses in Afghanistan that the Council failed to muster consensus on even the bare minimum.
We deplore that this Council was unable to endorse the proposal for a debate on Xinjiang, after the UN identified possible crimes against humanity committed by the Chinese government against Uyghurs and Turkic peoples. Dialogue is a pillar of multilateralism, and is fundamental, even on the hardest issues. Despite the leadership of the core group and all 18 States who voted in favour, this Council looked the other way. We strongly condemn the 19 countries who blocked this proposal, and regret all the abstentions that enabled it. We particularly regret that leading OIC States Indonesia and Qatar, as well as Kazakhstan, Uzbekistan, Pakistan, the UAE, Côte d’Ivoire, Mauritania, Sudan, Gabon, Cameroon and Eritrea, decided to abandon Uyghurs and Muslim minorities in China. We command Somalia for being the only Muslim Council member to stand up for Muslim minorities. Uyghur and international human rights groups won’t give up efforts to hold Chinaaccountable. We urgently call on current and future Council members to support efforts to prevent the continuation of atrocity crimes in Xinjiang, and uphold this Council’s credibility and moral authority.
We are deeply disappointed that despite the High Commissioner’s clear recommendation and demands by victims and their families as well as civil society from the Philippines, the Council has failed to put forward a resolution mandating the High Commissioner to continue monitoring and reporting on the situation, allowing the Philippines to use the rhetoric of cooperation and the UN Joint Programme for Human Rights to window-dress its appalling human rights record without any tangible progress or scrutiny.
We are dismayed by an Item 10 resolution that will not allow for reporting to the HRC on the human rights situation in Yemen. Despite a truce that now looks in danger of collapsing, the humanitarian and human rights crisis in Yemen has not ended. The lives and well-being of millions of Yemen citizens continue to be threatened from attacks against civilians, one of the world's largest humanitarian crisis and widespread violations of human rights and international humanitarian law. Yet many governments at this Council have chosen silence and appeasement of the warring parties over the protection of victims and upholding the rule of law. To abandon the people of Yemen out of political convenience not only betrays the fundamental purposes of this Council but also encourages parties to the conflict to continue to use violence and war crimes as a means of accomplishing their goals. Lasting peace in Yemen requires a sustained commitment by the international community to ensure accountability and redress for the millions of victims in Yemen. We call on UN member states to give meaning to the pledges they have made and begin to work toward the establishment of an international independent investigative mechanism on Yemen.
Signatories:
- Al-Haq, Law in the Service of Man
- American Civil Liberties Union
- ARTICLE 19
- Asian Forum for Human Rights and Development (FORUM-ASIA)
- Cairo Institute for Human Rights Studies (CIHRS)
- CIVICUS: World Alliance for Citizen Participation
- Egyptian Initiative for Personal Rights (EIPR)
- Franciscans International
- International Bar Association’s Human Rights Institute (IBAHRI)
- International Service for Human Rights (ISHR)
- Southern Africa Human Rights Defenders Network
- The Global Interfaith Network (GIN-SSOGIE)
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Outcomes from the UN Human Rights Council's 48th session: Progress & Shortcomings
Joint statement from the end of the United Nations' 48th Session of the UN Human Rights Council1
13 organisations share reflections on the key outcomes of the 48th session of the UN Human Rights Council, as well as the missed opportunities to address key issues and situations.
Thematic issues and resolutions
To commemorate theInternational Safe Abortion Day, 372 organisations demanded free, safe and accessible abortion for everyone.
We welcome the adoption of the resolution on the establishment of the UN Special Rapporteur on human rights and climate change, who will focus on the interdependence between human rights, a healthy environment, and combating climate change and we welcome the Council’s historic recognition of the human right to a clean, healthy and sustainable environment. These are vital steps towards addressing the climate crisis and achieving environmental justice.
Ensuring a safe and enabling environment for civil society participation at the national and international levels is essential.
We welcome the adoption by consensus of the resolution on cooperation with the UN in the field of human rights, in particular the invitation to the Secretary-General to submit his annual reprisals report to the General Assembly, which will ensure greater attention to the issue and contribute to a more coherent system-wide response across the UN.
We express concern over the reclassification of NGO written statements submitted to the 48th session of the HRC from Agenda Item 4 to Agenda Item 3 without informing or consulting with the submitting organizations, and without transparency for the reasons or scope of this reclassification.
We welcome that the resolution on equal participation in political and public affairs puts an important focus on the context of elections and on the impact of COVID-19, underscoring the importance of protecting civil society participation at every level as part of an effective response to the pandemic, in post-pandemic recovery and as a vital component of democratic electoral processes. We regret that, in this and other resolutions, there has been systematic pushbacks against the inclusion of references to children’s right to participate in public affairs, in particular girls, in contravention of international human rights standards.
We also welcome the resolution on privacy in the digital age. Among other issues, the resolution responds to recent Pegasus revelations and includes new commitments on the use of privately-developed surveillance tools against journalists and human rights defenders. It is now essential that the Council goes further and champions the call made by various UN human rights experts to implement a global moratorium on the sale, export, transfer, and use of private surveillance technology without proper human rights safeguards. We also welcome new language in the text on privacy violations and abuses arising from new and emerging technologies, including biometric identification and recognition technologies. In future iterations of the text, we encourage the core group to go further in calling for a ban on technologies that cannot be operated in compliance with international human rights obligations.
With the withdrawal of the resolution on the realisation of a ‘better life’, we are glad to see that the Council’s mandate and resources will not be diverted to efforts that would distract from its core work or dilute human rights standards.
We regret that it was not possible to schedule the briefing by the Peacebuilding Commission (PBC) as per resolution 45/31 – and look forward to future opportunities for exchanges between the HRC and the PBC to learn from one another in efforts to address common contemporary challenges.
Human rights situations on the Council’s agenda
We deplore the abandonment of the Yemeni people by the HRC member States who did not support the renewal of the Group of Eminent Experts on Yemen. This failure of the HRC gives the green light to all parties to the conflict to continue their campaign of death and destruction in Yemen. We demand an international criminal investigative mechanism. Anything less is unacceptable.
We regret that the HRC has not responded to the calls of civil society and the evidence of widespread violations in countries including China, Egypt and Saudi Arabia where the situations manifestly warrant the establishment of international investigation and accountability mechanisms.
The establishment of a Special Rapporteur on the situation of human rights in Afghanistan supported by additional and dedicated expertise in OHCHR should bring much needed scrutiny. While we are disappointed that the Council did not establish the full-fledged investigative and monitoring mechanism that the situation warrants, we hope this decision represents a first step towards a stronger response to ensure accountability for human rights violations and crimes under international law in Afghanistan.
While the extension of international scrutiny in Burundi, including through ongoing documentation of violations, is welcome, we regret the absence of a clear strategy post-Commission of Inquiry. As the Burundian government continues to reject cooperation with the Council and its mechanisms and to deny violations, and given that the newly-created Special Rapporteur will not have access to the country for the foreseeable future, it is vital for the Council to rely on benchmarks to design the next steps of its action on, and engagement with, Burundi. We thank the COI for its important work since 2016. It has set the bar high for investigative mechanisms.
We welcome the extension of the mandate of the Special Rapporteur on the situation of human rights in Cambodia with a mandate to provide an additional oral update to the Council. However, the resolution falls short of the minimum action required to credibly address the increasing regression in democratic space and civil and political rights and to put in place necessary measures to create an environment conducive for free, fair and inclusive elections in 2022 and 2023, including mandating enhanced monitoring and reporting by the High Commissioner.
More than four years after the beginning of the conflict in the North-West and South-West regions in Cameroon, we deeply regret States’ failure, once again, to collectively address the country’s human rights crisis. As other international and regional bodies remain silent, the Council has a responsibility to act, including through the creation of an investigative and accountability mechanism.
We welcome the renewal of the mandate of the Fact-Finding Mission (FFM) on Libya but regret that the mandate has only been extended for a 9-month period. The severity of ongoing and past violations and abuses in Libya, including war crimes, requires an FFM with a sustained and properly resourced mandate.
We welcome a second joint statement on Nicaragua, and urge concerned States to step up collective action in light of increasing repression ahead of the November 7 elections. Should the Government not revert course, it is fundamental that the Council takes stock and provides an adequate, strong response, including the establishment of an international mechanism at its 49th session.
We welcome the High Commissioner's oral updates on the Philippines. While the UN Joint Program on Human Rights (UNJP) might provide a framework for improvements, we remain concerned that the UN Joint Programme on Human Rights is instrumentalized by the Government only to please the international community. The national accountability mechanism fails to show meaningful progress. We continue to urge the Council to consider establishing a Commission of Inquiry on the Philippines, to eventually start the long-overdue independent and transparent investigation into the human rights violation in the country.
We welcome the robust resolution that extends the mandate of the Independent Expert on Somalia for a further year.
While human rights advancements since 2019 in Sudan should be recognized, Sudan still faces significant human rights challenges including threats of the militarization of the State which is also the most challenging peril for women’s rights and WHRDs in Sudan. The transition is not complete, and political uncertainty remains. Against this backdrop, the Council’s decision to discontinue its formal monitoring of and reporting on Sudan is premature as the military establishment continues to pose a threat to democracy and stability in Sudan. We urge the Sudanese authorities to fully cooperate with the UN human rights system to address ongoing violations including sexual and gender based violence and the legacy of 30 years of dictatorship, including impunity for crimes under international law.
1 Signatories :
- International Service for Human Rights (ISHR)
- Cairo Institute for Human Rights Studies
- DefendDefenders (East and Horn of Africa Human Rights Defenders Project)
- Commonwealth Human Rights Initiative (CHRI)
- FIDH
- ARTICLE 19
- International Commission of Jurists
- FORUM ASIA
- International Bar Association
- Franciscans International
- CIVICUS: World Alliance for Citizen Participation
- Association of Progressive Communications - APC
- Child rights connect
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PAKISTAN: ‘It doesn’t matter who casts the vote as much as who counts the vote’
CIVICUS speaks about Pakistan’s upcoming election with Muhammad Mudassar, Chief Executive Officer at the Society for Human Rights and Prisoners’ Aid (SHARP-Pakistan).Founded in 1999, SHARP is a human rights civil society organisation working for the rights and wellbeing of vulnerable groups, including refugees and internally displaced people, and working on issues related to people trafficking and smuggling of migrants, including through advocacy at the national and international levels, capacity development, community services and emergency response.
What’s the political climate in Pakistan ahead of the election?
Post-COVID-19, like many global south countries Pakistan grapples with security concerns, political instability and economic challenges that affect both its citizens and government. This means that uncertainty loomed over the upcoming election, but the situation is much clearer now and the country is all set to vote for the new parliament. It would be unconstitutional to extend the mandate of the existing caretaker government. The Chief Justice of Pakistan has confirmed that it is set in stone that the general election should be held on time.
To what extent are conditions conducive to a free and fair election?
As had always been the case, there’s controversy around the election, which many observers feel lacks conditions for fair competition. While some political parties are free to conduct their activities, others claim to face restrictions in submitting nomination papers and campaigning, and their members are subjected to arrests.
Over the past 75 years, no prime minister of Pakistan has completed a full five-year term, and they have often ended up in jail. This trend started with Zulficar Ali Bhutto, deposed during martial law in 1977, followed by his daughter Benazir Bhutto, who was dismissed twice. A similar fate befell recent former prime ministers Nawaz Sharif and Imran Khan.
Nawaz Sharif’s Pakistan Muslim League (PML-N) has had ample space for campaigning, even though Sharif, a three-time former prime minister, was ousted for alleged corruption in 2017 and sentenced to 10 years in prison. In October 2023, he returned to Pakistan from exile in the UK, where he had travelled on bail for medical treatment in 2018. Sharif’s corruption conviction and his lifetime ban from politics were overturned by the Supreme Court in early January. Now most political commentators are predicting that the PML-N will win the election.
In comparison, Imran Khan’s Pakistan Tehreek-e-Insaf (PTI) party is complaining that it has been all but barred from participating in the election. The Electoral Commission of Pakistan disqualified Khan due to one conviction out of around 200 cases against him and barred the party from using its famous cricket bat symbol on ballot papers. Khan has also recently received 10 and 14-year sentences on charges of leaking state secrets and corruption. Nomination papers of most national and provincial PTI leaders were rejected by District Returning Officers but appellate tribunals of higher judiciary subsequently accepted most and allowed them to context elections.
Further, there’s no democracy within political parties due to nepotism and dynastic leadership. Most political parties function as family dynasties, which drives independent leaders away. It has rarely been about people’s choices. It doesn’t matter who casts the vote as much as who counts the vote.
How have civic space conditions changed over the past years?
The media and civil society are divided and, human rights activists comment, there is an atmosphere of discontent that somewhat hinders the freedom of speech. Further, unemployment and other pressing issues continue to prompt many people to leave Pakistan.
Still, at SHARP-Pakistan we remain hopeful and keep analysing problems to try to offer solutions. As part of Pakistani civil society, we aspire to forge connections, work alongside and learn from international partners to be able to better promote human rights and democracy at home. We need free and fair elections so that results truly reflect the will of the people.
How are you and other civil society groups engaging with the election?
The role of civil society in the election takes the form of support for the institutional processes of a democratic vote well as the more substantive development of a democratic electorate. Civil society is also playing its due role in reducing election-related conflict dynamics and promoting a peaceful electoral environment.
Civic space in Pakistan is rated ‘repressed’ by theCIVICUS Monitor.
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PAKISTAN: ‘The authorities must guarantee the human rights of Afghan asylum seekers’
CIVICUS speaks about the move to expel Afghan refugees from Pakistan withHabib Malik Orakzai, president ofPakistan International Human Rights Organization (PIHRO).Founded in 1999, PIHRO is a human rights civil society organisation (CSO) working toempower people to defend their rights, investigate rights abuses, fight discrimination and promote social justice and peace. It provides life-saving health, education and legal assistance and protection for refugees in Pakistan.
What’s the current situation of Afghan refugees in Pakistan?
The number of Afghan refugees in Pakistan is uncertain. It’s been gradually increasing over time, reaching around four million, with 2.3 million officially registered. Many of them work as physical labourers on daily wages, although some enjoy financial success as prominent businesspeople. Public sentiment towards refugees is generally friendly and supportive.
The Pakistani government has established over 20 Afghan Citizen Card centres in 17 districts. However, Afghan refugees continue to face obstacles in legal registration, largely due to the fact that multiple stakeholders are involved in the procedure, including the United Nations Refugee Agency (UNHCR), provincial and federal authorities, and security agencies. Challenges include bureaucratic complexities, limited human and financial resources and an ever-growing number of refugees seeking protection. Political and security concerns further complicate the registration process. Afghan refugees could choose to go to other countries but often face stricter immigration laws elsewhere.
Why has the Pakistani government ordered the expulsion of Afghan refugees?
Initially, Pakistan hosted over three million Afghan refugees, but following the Taliban takeover in August 2021 there was a growing influx of new refugees who entered Pakistan both legally and illegally. Pakistan was already going through a financial crisis and the arrival of thousands of asylum seekers added to the economic challenges. Evidence obtained by security agencies over some Afghan refugees’ involvement in recent terrorist activities and street crimes led to the government’s decision to expel unregistered refugees.
This decision has begun to be implemented. The government has conducted search operations to identify undocumented refugees and send them to the recently built camps in main cities, from where they’re being deported to the nearest borders with Afghanistan. Forcibly returned people face numerous problems in Afghanistan, including food insecurity, lack of accommodation and health issues. Those expelled during the winter face particularly harsh condition when returning.
What is Pakistani civil society, including PIHRO, in response?
Civil society organisations, although playing a limited role, are involved in advocacy efforts to prevent forced returns. PIHRO has expressed concerns over the expulsion of Afghan refugees at various forums, engaged in discussions with policymakers and collaborated with international organisations to ensure refugee protection. We are closely observing the situation and engaging with sister organisations dedicated to helping Afghan refugees develop a joint strategy for refugee settlement.
PIHRO is a member of the Asia Pacific Refugees Rights Network, through which we advocate for non-refoulement, emphasising Pakistan’s responsibility to protect Afghan refugees on its territory and prevent their forced return to Afghanistan regardless of documentation status.
Rather than expelling undocumented refugees, the Pakistani government should develop strategies to provide people fleeing Afghanistan with reasonable and timely access to registration processes, allowing them to state their claim for international protection. The authorities must work toward regularising legal status and guaranteeing the human rights of Afghan asylum seekers.
What should the international community do to help address this crisis?
The international community should increase its support to Pakistan as the major host of Afghan refugees by providing adequate funding to guarantee that asylum seekers have access to education and healthcare and have their basic needs met. We also urge other governments to increase their refugee admissions from Pakistan through resettlement programmes and facilitate better access to legal routes to safety.
Despite repeated requests, we haven’t received sufficient international support, which is crucial to prevent further escalation of the crisis. Given the current winter conditions in Afghanistan, our immediate focus is on providing shelters and kits for winter. We call on the international community to address these pressing issues and urge the government of Pakistan to halt refugee expulsions at least temporarily and collaboratively devise a strategy in consultation with the authorities in Afghanistan and the UNHCR.
Civic space in Pakistan is rated ‘repressed’ by theCIVICUS Monitor.
Get in touch with PIHRO through itswebsite or itsFacebook page, and follow@PIHROrg onTwitter.
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PAKISTAN: ‘The government must hold accountable those responsible for excessive force against protesters’
CIVICUS discusses recent protests in Pakistan with Asad Iqbal Butt, chairperson of the Human Rights Commission of Pakistan, a civil society organisation that works for the realisation of the full range of human rights for all of Pakistan’s citizens and residents.Protests erupted in response to the rising cost of food, fuel and utilities in Pakistan-controlled Kashmir. The situation quickly escalated into violence. Several protesters and a police officer were killed and many protesters were injured and arrested. As tensions flared, traders closed their shops, exacerbating economic disruption. The Kashmiri prime ministeracknowledged the protesters’ grievances but stressed the need to maintain peace and stability, while Pakistan’s president called a high-level meeting to devise a response. Having narrowly avoided defaulting on its foreign debt last year, Pakistan is now seeking a new bailout package from the International Monetary Fund.
What triggered the protests, and how did the government respond?
Since March 2023, Azad Jammu and Kashmir (AJK) has witnessed several large-scale protests, with people taking to the streets to demand subsidised electricity and flour. Led by the Jammu Kashmir Joint Awami Action Committee (JAAC), a civil society group, these protests have also called for the removal of unnecessary perks and privileges enjoyed by politicians and bureaucrats.
The movement gained momentum in May 2024. On 11 May, thousands of people responded to the JAAC’s call and began marching towards the capital, Muzaffarabad. The entire region came to a standstill as reports of violent clashes and casualties emerged, first on social media and then in mainstream media.
Shortly after the first verified reports of violence, the Human Rights Commission of Pakistan launched a fact-finding mission, on 16 and 17 May. We found that ahead of the protests, the AJK government had sent a request to the Pakistani government for paramilitary and civilian forces. This signalled its intention to use force against protesters. Deployment of additional forces began on 3 May, almost a week before the call for protests and the long march. But it was the involvement of the Pakistan Rangers, a federal paramilitary force, that marked a significant escalation. Their entry into Muzaffarabad and alleged unauthorised use of force contributed to the violence.
Key incidents during the protests included a police raid on 10 May on the residence of Shaukat Nawaz Mir, an elected traders’ leader, which resulted in arrests and clashes. On 8 May, an assistant commissioner reportedly assaulted an older person in Dodyal, Mirpur. A crackdown on the JAAC leadership in Kotli, Mirpur and Muzaffarabad further inflamed public anger, leading to retaliatory attacks on government officials and property.
On 10 May, a crippling shutdown and wheel-jam strike took place, followed by violent clashes between police and protesters. Police arrested scores of activists and clashes resulted in injuries on both sides. The long march from Mirpur to Muzaffarabad on 11 May was marred by violent clashes. A police sub-inspector was killed and many police officers and protesters were injured.
The entry of the Rangers, their lack of coordination with local authorities and the perception they were being deployed to violently suppress the protests fuelled violence. Clashes in Muzaffarabad left three protesters dead and many others injured. The situation escalated when the Rangers resorted to teargas shelling and firing.
Who organised and led the protests?
These protests were unprecedented because they were leaderless, not driven by a political agenda or led by a political party. A cross-section of civil society took part in or documented the protests, including journalists, lawyers, students, traders and young people.
There were other demands apart from those put forward by JAAC. Civil society lawyers emphasised that the people of AJK are highly sensitive about their identity, particularly following India’s revocation of the special constitutional status of Indian-occupied Kashmir. This explained their concern about any perceived attempts to undermine AJK’s special status or deny recognition of Kashmiris’ rights over their natural resources.
Although not directly involved in the protests, many women from civil society expressed their solidarity with the movement. One woman said that even though she knew the government would use violence against protesters, she hadn’t stopped her young son going to the march because the protest was necessary to make people’s voices heard.
What are civil society’s demands to the government?
Civil society groups, including the HRCP, have primarily called on the AJK government to listen to people’s legitimate demands for economic rights and better governance, and to show restraint and engage with protesters through peaceful dialogue and negotiation.
The government must also hold those responsible for excessive force against protesters accountable, following an independent investigation, including to help prevent future abuses. The use of paramilitary forces against AJK citizens is also cause for serious concern and should not recur.
The AJK government must respect human rights, including the rights to freedom of peaceful assembly and expression and the right to life. It must also implement sustainable economic relief measures, including subsidies and price controls, to address immediate public needs.
Additionally, the Pakistani federal government should ensure that legislative powers in AJK lie with the elected AJK Assembly. Finally, AJK should be given control over its natural resources, while Pakistan’s earnings from its use of AJK’s water and electricity must be shared more equitably.
How can the international community help?
The international community should monitor potential human rights abuses in AJK and, where possible, press the Pakistani government to ensure they do not recur. It is important to exert moral pressure on the government to respect, protect and fulfil the democratic and fundamental freedoms of the people of AJK.
Civic space in Pakistan is rated ‘repressed’ by theCIVICUS Monitor.
Get in touch with the Human Rights Commission of Pakistan through itswebsite and follow@HRCP87 on Twitter.
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PAKISTAN: ‘We appeal to the international community to share the responsibility of welcoming Afghan refugees’
CIVICUS speaks about the current move to expel undocumented migrants from Pakistan with Muhammad Mudassar, Chief Executive Officer of the Society for Human Rights and Prisoners’ Aid (SHARP-Pakistan).Founded in 1999, SHARP is a human rights civil society organisationworking for the rights and wellbeing of vulnerable groups, including refugees and internally displaced persons, and working on issues related to trafficking in persons and smuggling of migrants, including through advocacy at national and international level, capacity development of stakeholders, community services and emergency response.
What’s the situation of Afghan refugees in Pakistan?
Pakistan has hosted one of the world’s largest refugee populations for nearly 44 years, as it started receiving Afghan refugees in the late 1970s. According to the United Nations Refugee Agency (UNHCR), there are 1.4 million registered Afghan refugees, around 840,000 of them registered between 2017 and 2018, plus around 775,000 undocumented Afghan migrants. Since the Taliban takeover of Afghanistan in August 2021, between 400,000 and 700,000 more have arrived in Pakistan to seek asylum and protection through embassies of countries such as Canada, Germany and the USA.
But the Pakistani government hasn’t announced any policy to provide legal protection to new arrivals. In January 2022, the government barred the issuing of UNHCR asylum certificates to newly arrived Afghans, leaving them in a legal limbo. Acting on behalf of the UNHCR, SHARP has been the frontline organisation offering reception facilities.
A few weeks ago, a refugee with three or four children ate a mouse poison pill while waiting for resettlement response. Fortunately, SHARP personnel were on site and she was promptly taken to the hospital and survived. This incident reflects the despair many Afghan refugees feel. They’ve spent all their savings coming to Pakistan and waiting while the cost of living only continues to increase. They often seek jobs but there is no legal provision for undocumented Afghans to work or do business. For that they have to use false Pakistani identities, and when they need to leave the country, they’re forced to sell all their assets for next to nothing. The absence of legal protections also leaves them vulnerable to forced labour, and young women are particularly vulnerable to sexual exploitation.
Why has the Pakistani government ordered the expulsion of Afghan refugees?
The situation in Pakistan remained peaceful for many years, largely due to the cultural and religious similarities between Pakistani and Afghan people. However, in 2014, an attack on school in Peshawar resulted in the death of over 150 students and teachers. More terrorist attacks followed across Pakistan. In response, the government made a national action plan to counter such attacks and adopted a zero-tolerance border management policy. This is because terrorists were believed to be entering Pakistan across the border with Afghanistan.
Moreover, Pakistan is grappling with a difficult economic situation, including a fuel price hike and high unemployment, with political turmoil further complicating the situation.
Social media also played a role by spreading content linking Afghan refugees to terrorism, negatively affecting public attitudes towards them. Repatriation of Afghans from Pakistan reached its peak in 2015, and relationships between host and refugee communities have increasingly deteriorated, with incidents of hostility continuously increasing over the years. Tensions escalated during cricket matches, leading to fights among Pakistani and Afghan supporters.
In response, SHARP initiated community outreach sessions aimed at engaging young Afghans and Pakistanis to identify commonalities and prioritise them over differences to prevent further violence and create an environment of peaceful coexistence.
How else is SHARP working to help Afghan refugees?
We have partnered with the UNHCR for over 24 years and we operate in 14 offices with over 300 staff members in strategic locations. SHARP is the first contact point for anyone who enters Pakistan to seek asylum. Our role is to conduct a brief initial reception interview and collect documentation to put together the claims, which are reviewed and processed by the UNHCR for further interviews and the provision of protection documentation. We also provide free legal aid and assistance to refugees and migrants, psycho-social counselling and shelter services for the most vulnerable. We make referrals for medical services, emergency cash assistance and community-based protection services.
Working alongside the UNHCR, last year SHARP submitted recommendations to the government, wrote letters to the Minister of Interior and met with the National Commission on Human Rights. I visited parliament three times to advocate for a policy for incoming Afghan refugees and the enactment of a national refugee law. Our recommendations stress the importance of a dignified and respectful approach aligned with humanitarian principles and long-term planning. We’ve urged the Pakistani government to engage with the international community, including the European Union (EU), to address this crisis and ensure that Afghans return home only voluntarily and in a dignified manner.
It’s crucial to note that while Pakistan is not a signatory to the Refugee Convention, for a long time it has welcomed refugees on humanitarian grounds, treating them as friends. It shouldn’t jeopardise years of efforts by expelling them as foes. The government should establish registration centres and give people several months to come forward and register their claims for protection. As it lacks the required technical capacity and resources, it should work closely with international and civil society partners.
Is Pakistan receiving the international supportit needs to tackle the situation?
The refugee crisis is a challenge for global south countries, which often lack robust legal protection and face economic difficulties. Lured by promises from third countries, asylum seekers often come to Pakistan and countries such as Bangladesh, Iran and Tajikistan and then await international assistance for resettlement. In Pakistan, hundreds approach our office daily asking for resettlement support, and we try to help, working alongside the UNHCR and the International Organization for Migration.
But the strain on Pakistani security, healthcare, education and other public services has become overwhelming. If the EU or an EU country urges us to host more Afghan refugees, they should first assess how many Afghan refugees they have welcomed in recent years and consider sharing the burden through resettlement programmes. The international burden-sharing mechanism isn’t working to provide breathing space for global south countries. There should be a flexible visa regime for Afghans who are stuck here in Pakistan and waiting to reunite with their families and friends in other countries.
The situation worsened with the Ukraine crisis, because international support shifted towards addressing those humanitarian needs and the Pakistani crisis stayed largely neglected. Additionally, last year’s flash floods displaced nearly 3.4 million Pakistanis, killed around a million animals and affected numerous refugee communities. Although both the international community and the Pakistani government focused on addressing the consequences of the flood, many internally displaced people have been unable to return to their homes and are still living in camps. The ongoing conflict between Israel and Palestine may further divert international attention and resources away from Pakistan.
We have already been warned that there would be huge funding cut by approximately 60 per cent in 2024, posing a significant challenge in maintaining work for humanitarian organisations with extensive operations across Pakistan. The uncertainty of survival over the coming year is a pressing concern for us. We appeal to the international community to share the responsibility of welcoming Afghan refugees and support Pakistani humanitarian organisations and the government to help asylum seekers rebuild their lives.
Civic space in Pakistan is rated ‘repressed’ by theCIVICUS Monitor.
Get in touch with SHARP-Pakistan through itswebsite or itsFacebook page, and follow@sharp_pak onTwitter.
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PALESTINE: ‘Lack of a political horizon leading to the liberation of Palestinians has brought us here’
CIVICUS speaks about the ongoing conflict in Gaza withAbdalaziz Alsalehi, senior researcher atthe Social and Economic Policies Monitor (Al-Marsad).Al-Marsad is a civil society organisation (CSO) that seeks to protect the rights of the most marginalised Palestinians through evidence-based policy analysis and monitoring and coalition building for advocacy, dialogue and cooperation.
What’s the current situation in Gaza and the West Bank?
The current situation is a continuation of the Israeli occupation of Palestine. Crimes against Palestinian civilians have persisted since 1948 to this day. Occupation forces continue to arrest, kill and displace Palestinians within their territories.
Despite the world’s attention focusing on the attacks committed by Hamas, the 7 October events cannot be isolated from the historical context of Palestinian suffering, not just in Gaza but also in the West Bank.
Gaza has been subject to Israeli siege and control for about 16 years, while the West Bank is under a system harsher than apartheid. Life there is exceedingly challenging for Palestinians. The poverty rate in the West Bank and Gaza is over 29 per cent and the unemployment rate sits at about 27 per cent. These rates constantly go up and down due to economic instability.
But the problem is not only economic and social, it is also distinctly political. Occupying forces and settler militias commit horrifying crimes against Palestinians. In 2022 alone, 224 people, overwhelmingly male, were killed – 53 in Gaza and 171 in the West Bank. Fifty-three were children. In the same year, the Palestinian Ministry of Health recorded 10,587 injuries caused to Palestinians by Israeli occupation forces and settler militias’ gunfire. Forty-five per cent were caused by live ammunition.
Well before October 2023, attacks against healthcare facilities and providers were widespread, with 177 recorded incidents of assaults against patients, medical teams and healthcare facilities in 2022. Nine of these attacks targeted healthcare facilities, 97 targeted ambulances and 83 affected injured and sick people. Additionally, 173 incidents involved assaults on medical personnel. The nature of these attacks varied, including direct assaults with individual weapons, hindrance of the movement and work of medical teams, exposure to psychological violence and aggressive searches.
This has been the plight of Palestinians for decades, but the situation escalated dramatically after 7 October.
Between 7 October and 5 December, the state of Israel has killed at least 15,523 civilians in Gaza and 245 in the West Bank, 70 per cent of them women and children. The escalation may be a response to the Hamas attacks, but data from previous years suggests that there had already been a shift from covert to direct killing and direct forced displacement. This is apparent in the fact that through its war in Gaza, Israel has disproportionately killed children and women without achieving any of its declared goals.
What led to the current escalation of conflict?
The lack of a political horizon leading to the liberation of Palestinians has brought us here. Palestinians have been victims of occupation for decades. The continuous suppression operations and the displacement of Palestinians from their lands in the years following the 1993-1995 Oslo Accords between Israel and the Palestine Liberation Organization have led to this outcome.
It is crucial to note that although it witnessed no Palestinian escalation in recent years, Israel undermined any real opportunities for Palestinian economic empowerment, aiming for an economy controlled by Israel. Additionally, there were violations against sacred sites, particularly Al-Aqsa Mosque, as part of the ‘Judaisation’ of Jerusalem. This coincides with racial segregation on external roads and ongoing settlement activities, leading up to the events of 2021 when Palestinians in the occupied territories – and within the 1948 borders – and in Jerusalem rose up against the occupation. They continue to bear the consequences of those events to this day.
All this is part of a series of events that Palestinians have been enduring since 1948 in the face of the colonial project that continues to uproot them from their land.
Some believe that the current form of the government in Israel has led to the explosion of events, but this is not accurate. The occupation has long continued unchanged regardless of changes of government in Israel.
It is worth noting that the region is changing and evolving, and global powers are undergoing radical transformations. With the war between Russia and Ukraine, the world’s attention diverted from the Palestinian cause and the ongoing oppression of Palestinians. Meanwhile, unconditional US support for Israel persists, which comes with the imposition of numerous conditions on Palestinians, who are witnessing the appropriation of their lands. These issues contribute to changes in the situation on the Palestinian front against the occupation. It cannot be conclusively determined at this moment whether changes will be in favour of Palestinians or not, but it does stir up stagnant waters.
What challenges do Palestinian voices face in sharing their stories and demands internationally?
My opinion is that western media – in the USA and Europe – is controlled by Zionist lobbies and manipulate facts and generate disinformation. Israel is also notorious for creating propaganda that serves its interests. Pro-Israel lobbies are so strong that some people fear exclusion in their societies if they voice their concerns about the situation of Palestinians.
The challenge for Palestinians today lies in reaching a wider global audience. The world is not just Europe and the USA.
Israel controls communications in occupied Palestine. When its control fails, it resorts to arresting people, and if this also fails it resorts to killing. However, Palestinians continue to convey their message to the world, and the world is beginning to open up to the truth, with part of it fully aware of what is happening in occupied Palestine. It is crucial for people in other societies to engage.
Global governance institutions should also play an active role in conveying the messages and countering the suffering of Palestinians. The current negligence by the United Nations Security Council, the World Health Organization and the Red Cross is extremely dangerous. It paves the way for a global loss of trust in these institutions.
What are the conditions for civil society in Palestine?
Civil society is besieged. For 30 years, the Israeli occupation has undermined the work of CSOs, disabling their role in promoting self-reliant development, political change and an end to the occupation in the West Bank and Gaza. In recent years, the occupation government has become more explicit in suppressing CSOs, directly closing them down, confiscating their assets and arresting their staff.
The occupation also imposes restrictions on the funding of CSOs. The political conditions on funding imposed by European and particularly US funders have led to the cessation of work by hundreds of CSOs.
But the real gap arises from the fact that funders have transformed CSOs into an operational sector without linking them to a political horizon. Billions of dollars have been spent on agriculture, infrastructure and water, with little benefit. The Palestinian Authority also believes that CSOs narrow its political space because they are often critical of it too. But the truth is CSOs play a key role in overseeing the effectiveness of economic and social programmes.
Beyond formal non-governmental organisations, civil society has essentially been destroyed, much like all civic bodies in the occupied Palestinian territories have been destroyed by the occupation. I would like to make clear that I’m speaking about civil society in its broad sense, encompassing various entities such as unions, youth clubs, political parties, collectives and social movements. This has played a crucial role in the retreat of political organisations that the occupation has fought against for decades.
What international support do Palestinians receive, and what further support do you need?
Essential sectors such as health, education and agriculture continue to suffer from a severe lack of support. The focus in recent years has been on advocacy and pressure, which is not the primary issue that needs attention to change the political reality.
Above all, action is needed towards the goal of ending the occupation, by making Israel pay the price through boycotts on the economic, academic, cultural and even diplomatic levels. Israel must also face international courts for committing war crimes.
How should the Israel-Palestine conflict be addressed?
With all due respect, the framing of the question is part of the problem. What we are witnessing is not a conflict between states, but the resilience of an entire people against occupiers who have been killing, displacing and oppressing them for decades.
When the issue is framed correctly, the answers become clearer. The problem lies in the colonial mindset: peace will only come when this is brought to an end. It is possible for Jews, Christians and Muslims to live together here as they did before 1948.
A long-discussed solution that has not yet achieved any tangible form is the two-state solution with a Palestinian state along the 1967 borders and its capital in East Jerusalem, including the return of refugees and a restoration of their material and moral rights. This could be implemented through global political pressure on Israel, boycotting the occupation until it complies with these conditions.
But over the years Israel has not even accepted a version of this solution in which Palestinians relinquish more than 75 per cent of their historical land. Which brings us back to the roots of the problem: the colonial displacement of Palestinians from their land. This is what the occupying state seeks, and this what the world, especially free nations, should act against.
Civic space in Palestine is rated ‘repressed’ by theCIVICUS Monitor.
Get in touch with Al Marsad through itswebsite orFacebook page, and follow@almarsad_ps on Twitter.
The opinions expressed in this interview are those of the interviewee and do not necessarily reflect the views of CIVICUS.
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PANAMA: ‘By giving the government the green light to discriminate, the Court has broadened the reach of the LGBTQI+ cause’
CIVICUS speaks with Iván Chanis Barahona, president of Fundación Iguales, about the situation of LGBTQI+ people and the struggle for equal marriage rights in Panama.Fundación Iguales is a Panamanian civil society organisation (CSO) aimed at ending discrimination based on sexual diversity through diagnosis, awareness-raising and human rights advocacy. Taking an intersectional approach, it also promotes the rights of women, Afro-descendant people, older people and other excluded groups.
What progress has the struggle for LGBTQI+ rights in Panama made since homosexuality was decriminalised in 2008?
Public opinion has steadily evolved towards an attitude of respect towards LGBTQI+ people. Although there is still a long way to go, especially due to the absence of public policies recognising the rights of the sexually diverse population, the strengthening of a civil society that promotes human rights is a tangible step forward.
It is important to emphasise that, although homosexuality was decriminalised in 2008, institutional discrimination has persisted, not only in attitudes but also in numerous rules and regulations. For instance, the police's disciplinary regulations include as a very serious offence ‘the practice of homosexuality and lesbianism’. This is as serious a misdemeanour as ‘firing unnecessary shots in a way that harms others’ or ‘physically attacking a colleague or subordinate’. The general regulations for firefighters also codify ‘publicly practising homosexuality (or lesbianism)’ as a very serious offence.
Likewise, homosexuals are still not allowed to donate blood and there is no law recognising gender identity or banning discrimination based on sexual orientation, gender identity or gender expression. Panama is also one of the few countries in the region without a law for the protection of human rights defenders.
What was the significance of the Inter-American Commission on Human Rights’ (IACHR) call for the approval of equal marriage in Panama?
The IACHR’s call came in 2020 in the context of a thematic hearing requested by Fundación Iguales in response to the long delay by Panama’s Supreme Court of Justice in processing the various claims of unconstitutionality of the ban on civil marriage between same-sex couples. The hearing generated many expectations, particularly among same-sex couples who, after years of waiting, had been denied their right to access to justice, and therefore their dignity.
Fundación Iguales and other LGBTQI+ human rights organisations were able to draw attention to our demands, and the IACHR was categorical in its recommendation that Panama should comply with its Inter-American commitments. But the expectations generated were clearly dashed because the government did not comply with the agreements resulting from the hearing, which included the establishment of a working group between the IACHR and the state to follow up on the demands we expressed at the hearing, and which the IACHR confirmed should be fulfilled within a short period of time.
How have Panamanian LGBTQI+ organisations, and Fundación Iguales in particular, worked to achieve legal change and overcome cultural resistance?
In recent years, LGBTQI+ organisations in Panama have grown and increased our advocacy work on various issues and in a variety of spaces, with good results. Collaboration among organisations has been key in addressing cultural resistance to our work.
At Fundación Iguales we have focused on social work and on supporting litigation around equal marriage claims before the Supreme Court. We make intensive use of the Inter-American human rights system, mainly through thematic hearings at the IACHR and by participating in the General Assembly of the Organization of American States. We also work within the framework of the global human rights system, leading national processes and sending input to bodies such as the United Nations (UN) Human Rights Committee and Committee on Economic, Social and Cultural Rights.
At the same time, Fundación Iguales has led a national campaign for same-sex civil marriage, Yes I Do, which has been joined by other CSOs such as Convive, Diversa, Hombres Trans and Pride Connection. Companies such as BBDO, Diageo and LLYC, and institutions including the Canadian and UK embassies and the Regional Office for Central America of the Office of the UN High Commissioner for Human Rights, among others, have joined in.
We have been supporting trans people in the long process to get their names changed for many years, together with the Panamanian Association of Trans People and Trans Men Panama. We have participated and collaborated in the organisation of Pride marches, with a focus on academic and cultural offerings, along with the lesbian feminist organisation the International Coalition of Women and Families.
Who supports and who opposes LGBTQI+ rights in Panama?
Those of us in favour are a diverse group that complement each other, strongly supported by our families and by young people overall. There are numerous companies, embassies, international institutions, media outlets, journalists and academic institutions that speak out strongly for Panama to be an inclusive country where LGBTQI+ people are respected and valued. Connections with other minority groups of Panama, such as Afro descendants, consolidate our intersectional message.
The group opposing our rights is an extreme faction of conservative and religious groups. However, it is important to clarify that many conservative and religious people in Panama are in favour of respect for and non-violence against LGBTQI+ people.
Unfortunately, many institutions that are supposed to protect us, such as the police and the Supreme Court, have strongly opposed sexual diversity rights. Their arguments are deeply flawed and tend to focus on a very schematic view of the ‘natural’ versus the ‘unnatural’. The Supreme Court shamefully expressed itself along these lines by stating that the primary function of marriage is procreation for the continuation of the species. The conclusions drawn from these arguments are extremely violent and unacceptable in any modern society.
Why is progress made in the field of public opinion still not reflected in the legal framework?
There has been very clear progress in the realm of public opinion. For instance, according to polls, the Yes I Do campaign has had a huge impact on Panamanian society: in just three years it shifted the opinions of more than 300,000 people, a huge number for a country of just 4.2 million. That so many non-LGBTQI+ people support our aspiration for a discrimination-free society is a clear sign of change.
But these positive changes are not reflected in the legal framework due to a lack of political will. Our country has an outdated, populist, ineffective and unethical political leadership. Our leaders haven’t understood that they are dissociated from the changes of our time in terms of the evolution of human rights, international law and the principles of liberal democracy. But change is unstoppable: new generations are clearly adopting pro-rights, pro-diversity and pro-inclusion positions, and it is only a matter of time before they reach key decision-making positions.
How is the struggle continuing given that the Supreme Court has upheld the constitutionality of the ban on same-sex marriage?
The struggle will consolidate, reinvent itself and go on. By giving the government the green light to discriminate, in this case against same-sex couples and their right to form a family that is recognised and protected by the state, the Court has made clear its animus towards LGBTQI+ people. No longer can anyone say that discrimination is subtle or imaginary: it has become obvious and obscene to all people, not just to LGBTQI+ people who suffer it directly. The situation has become clearer than ever, which has led to more people engaging in the struggle for LGBTQI+ rights.
In sum, the Court’s deplorable decision has broadened the reach of the LGBTQI+ cause, and in that sense constitutes a key moment in the move towards shaping the country we want, with a focus on protecting human rights and the environment, combating social and economic inequalities and promoting transparency and the fight against corruption.
Civic space in Panama is rated as ‘narrowed’ by theCIVICUS Monitor.
Get in touch with Fundación Iguales through itswebsite orFacebook page, and follow@figualespanama on Twitter.
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PANAMA: ‘Protests reflect structural inequalities and frustration at blatant corruption’
CIVICUS speaks about recent protests in Panama with Eileen Ng Fábrega, Executive Director of the Panamanian Chamber of Social Development (CAPADESO). CAPADESO is a network of civil society organisations (CSOs) that promote social development in Panama. Its main aim is to highlight the contributions of civil society, strengthen civil society and foster alliances to influence public policies.
