government

• GLOBAL CAMPAIGN: ‘The future of work requires a shift away from a focus on time’

  CIVICUS speaks about the proposal for a four-day working week with Hazel Gavigan, Global Campaigns and Activation Officer of 4 Day Week Global.

  4 Day Week Global is a civil society organisation (CSO) that advocates for a move towards a four-day working week to improve both workplace productivity and the wellbeing of employees.

  How would the proposed four-day week work, and why do you advocate for it?

  At 4 Day Week Global, it’s our ambition to make a four-day week the new default and reduced working time the new standard. The four-day week that we advocate for is very much a flexible model, not a rigid, ‘one-size-fits-all approach’ and is based on the general principle of the 100:80:100™ model – 100 per cent of the pay, for 80 per cent of the time and, crucially, in exchange for 100 per cent of the productivity or output.

  The disruption to societal and workplace norms by the COVID-19 pandemic has illustrated the potential for very different models of work, for both workers and employers, and reinforced the need to rethink old, established patterns. We believe the future of work requires a shift away from a focus on time, as this is not an effective way to measure people’s contributions at work. Instead, we need to focus on measuring and rewarding collective outputs.

  The four-day week we are campaigning for has countless cross-society benefits in terms of gender equality, sustainability and general improvements to health and happiness. Where implemented, it allows for better distribution of caring responsibilities, as reduced working time enables men to carry out a greater portion of labour within the home. This, in turn, helps remove barriers to women achieving senior positions in work, taking on leadership roles and pursuing training opportunities.

  Research also suggests that moving to a four-day week will reduce carbon emissions by around a fifth, by cutting back on commuting time and energy use in buildings. In her recent TED talk, one of our research partners, Professor Juliet Schor, also makes the point that when people are time-stressed, they tend to choose faster and more polluting modes of travel and daily life activities. Whereas when we get time rather than money, we tend to have a lower carbon footprint.

  And crucially, with an extra free day in the week, workers report feeling happier and less stressed and are more productive. This alone is an excellent outcome, but it also has a positive impact on businesses. Employers find that productivity is maintained, or in some cases, increased and they also have less costs associated with employee sick leave due to stress and burnout, and recruitment and retraining, as workers are satisfied in their jobs and less likely to leave for elsewhere.

  How are you advocating for the four-day week?

  Previously, we established national campaigns to generate interest and conversation in a country and then built on that to run a pilot programme there. However, the pandemic has turbocharged an organic momentum and now our pilot programme is the main driver of the campaign.

  Up to now, most case studies on the four-day work week were conducted at an individual company level, with a few exceptions, such as Iceland. The purpose of our pilot programmes is to demonstrate that the positive outcomes achieved by individual businesses we’ve observed can be replicated on a much broader scale in a variety of countries and industries.

  If we can prove the positive impact of reduced-hour, productivity-focused working on business outcomes, employee wellbeing and society in general, those results will be the driver of change that will get more and more big corporations and governments interested.

  So currently, the data and evidence our pilots produce is central to our approach in influencing the policy agenda.

  4 Day Week Global is currently running coordinated six-month trials of the four-day working week in Australia, Canada, Ireland, New Zealand, the UK and the USA, with numerous others planned in the coming months.

  As part of this, we have developed a package of support for employers who agree to participate in the pilot, which provides those organisations with access to the expertise, tools and resources they need to run a smooth and successful trial.

  We offer a specialised training programme, designed and delivered by companies who already operate a four-day week. Companies receive mentorship and advice from a panel of experts and business leaders from around the world. There are networking opportunities with other companies participating in the trial and participants get access to world-class academic research and expert analysis.

  Leading scholars work with each participating company to define and establish their research baseline and relevant productivity metrics for the trial. The economic, social and ecological impact of the four-day week is also monitored throughout, assessing productivity, employee wellbeing and gender and environmental impacts, both through direct carbon emissions and indirect behavioural changes. Ultimately, the key to success is recognising that time invested in work actually matters less than the results produced.

  We also have hundreds of advocates who volunteer to help grow the movement, offering everything from starting a national campaign for a four-day week in their own country to simply sharing some content on social media. It’s through this network that we can sustain and expand our level of growth, so if anyone reading this article would like to join the cause, they can sign up here.

  How did you win support for the four-day work week trial currently happening in the UK? What do you hope to get out of it?

  There’s a 4 Day Week Campaign in the UK which has been active for a number of years and quite high profile in terms of commissioning research and engaging in debate in the public square. So that definitely played a role in priming the audience and generating interest and support for the trial that recently launched.

  This is also an idea whose time has come and the support seen for the four-day week in the UK is largely down to an exponential growth in the conversation about how we work.

  Business leaders are drawn to this for recruitment and competition purposes in the midst of the ‘great resignation’ – a time when many people are looking to switch jobs. Managers are more open-minded because they were forced to trust their workers during the pandemic and figure out how to measure actual output as opposed to how long employees were spending in the office. And workers now see that a four-day week is possible in a way that they previously didn’t.

  What kind of challenges have you faced?

  The biggest challenge is convincing business leaders that the four-day week can work for them. Many people like the concept but argue that it wouldn’t be possible in their organisation. However, almost all companies that move to a four-day week do three big things: radically shorten and reform meetings, use technology more thoughtfully and mindfully, and redesign the workday to build in distinct periods for focused work, meetings and social time.

  Studies show that the average worker loses between two and three hours each day to useless meetings, poor technology implementation and just plain old distraction. So, the four-day week is actually already here; we just can’t see it because it’s buried underneath these old and thoughtless practices.

  Sometimes when companies do commit to trialling a four-day week, they overthink it in the preparatory phase and try to come up with a solution to every potential problem, which is of course impossible. So, our advice in that situation is to trust your workers to solve issues as they arise. That’s what a trial is all about.

  Are you receiving support from other CSOs?

  Yes, we are. One good example of this is the 4 Day Week Ireland campaign, where a coalition of trade unions, businesses, environmentalists, women’s rights groups, other CSOs, academics and health practitioners all joined forces with 4 Day Week Global to start a national conversation about the widespread benefits of reduced-hour, productivity-focused working.

  The results of this saw widespread media coverage on the issue which, in turn, primed the public for the launch of the Irish four-day week pilot programme, which got underway earlier this year. The coalition was also afforded the opportunity to present to key political stakeholders in an enterprise, trade and employment context, the outcome of which resulted in a government-sponsored research tender seeking to better understand the social, economic and environmental implications of reduced working time.

  We’ve had great success up to this point with the rollout of our international pilot programmes. However, in order to secure widespread change, there are four areas which feed into the overall success of the movement: labour market competition, public demand, collective bargaining and government intervention. All four of these players have different degrees of influence depending on the sector, but we need collaboration from all parties if we’re to see a broad implementation of the shorter working week.

  Get in touch with 4 Day Week Global through itswebsite orFacebook andInstagram pages, and follow@4dayweek_global on Twitter.

• GREECE: ‘The criminalisation of solidarity has had a chilling effect’

  CIVICUS speaks with Melina Spathari, Director of Strategy and Programmes at HumanRights360 (HR360), about theprosecution of civil society activists working with migrants and refugees in Greece.

  HR360 is a Greek human rights civil society organisation (CSO) that seeks toprotect the rights of all people, empowering them to exercise their rights, with a focus on the most disadvantaged and vulnerable populations, including migrants and refugees.

  What is the current situation for civil society activists and organisations helping migrants in Greece?

  As the United Nations Special Rapporteur for human rights defenders stated following her official visit to Greece in June 2022, ‘defenders in the country working to ensure the rights of refugees, asylum seekers and migrants are currently under severe pressure… At the tip of the spear are prosecutions, where acts of solidarity are reinterpreted as criminal activity, specifically the crime of people smuggling… The negative impact of such cases is multiplied by smear campaigns perpetuating this false image of defenders’.

  Since 2010, Greek ruling parties have demonised CSOs, criticising their use of public funding, to delegitimise their criticism of pushbacks of migrants and their condemnation of the conditions in reception and identification centres and refugee camps. In most cases, the allegations against CSOs later proved to be unfounded. This phenomenon is part of a worrying trend that negatively affects CSOs around the globe, which is why civil society has increasingly organised and developed strategies to resist and respond to the attacks they face from governments.

  Why is the Greek government criminalising solidarity with migrants and refugees?

  In the case of Greece, the speed and impetus of the ongoing crackdown has been fuelled by current trends in both international and domestic politics, involving hostile relations with Turkey and imminent elections in both countries. Deploying a witch-hunt against CSOs kills many birds with one stone: it helps the government gain votes from the far-right side of the political spectrum and helps it manage the damage caused to its reputation by wrong political decisions and neglectful practices. Last but not least, by vilifying CSOs that are active and vocal in the field of human rights, the authorities aspire to manipulate and silence civil society as a whole.

  And to some extent, it has worked. Criminalisation has had a chilling effect. There have been some attempts among civil society to gather, discuss, assess the situation and work on a joint strategy, but these actions didn’t flourish. CSOs are now afraid to raise their voice, and we understand them: they have good reason to be intimidated. Still, some acts of solidarity have taken place, especially when those targeted were respected veteran human rights defenders.

  Has HR360 been targeted?

  In November 2022, the authorities stepped up an attack against our organisation: they demonised HR360 for receiving foreign funding aimed at regranting and disclosed the personal financial situation of HR360’s founders. The public prosecutor began a preliminary investigation, which hasn’t yet produced any outcomes. No information has been revealed, nor has any criminal process been ordered. HR360 finds itself in limbo, facing huge administrative and financial consequences and experiencing severe impacts on staff morale.

  But HR360 is not the only victim of this vile smear campaign. In late 2022, the Prosecutor’s Office criminally charged Panagiotis Dimitras, director of the Greek Helsinki Monitor, and Tommy Olsen, founder and director of Aegean Boat Report, a Norwegian CSO that monitors and shares data about the movement of people in the Aegean Sea, for ‘forming a criminal organisation with the purpose of receiving details of citizens of third countries, who attempt to enter Greece illegally, in order to facilitate their illegal entry and stay’. Following the same pattern applied to HR360, Dimitras has been accused of repeatedly conducting activities aimed at gaining illegal income.

  What support does Greek civil society need to resist and continue doing its work?

  Greek civil society needs more international support, which is currently quite limited and restricted to its advocacy work – that is, it can be used to help migrants and refugees, but not for CSOs and activists to protect themselves and therefore retain the capacity to continue doing their work.

  Right now, what Greek activists and CSOs need the most is legal support, including funding to cover legal fees. And in terms of changing the situation in the long term, what’s also needed is a well-organised European awareness campaign highlighting both the vital work civil society is doing and the attacks the government is subjecting it to. This would be very helpful, since bad publicity at the European level is one of the things Greek authorities fear the most.

  ---

  Civic space in Greece is rated ‘obstructed’ by theCIVICUS Monitor. Its rating has recently beendowngraded.

  Get in touch with HR360 through itswebsite or itsFacebook page, and follow@rights360 and@Melina_Spathari onTwitter.

• GREECE: ‘We fought until same-sex marriage stopped being impossible and became a necessary change’

  CIVICUS speaks about Greece’s recent legalisation of same-sex marriage with Giorgos Keratsas, Communications Officer of Positive Voice-Greek Association of People Living with HIV.

  Founded in 2009, Positive Voice is a civil society organisation focused on tackling the spread of HIV/AIDS, defending the rights of HIV-positive people and more broadly advocating for LGBTQI+ rights in Greece.

  What was civil society’s role in achieving the legalisation of same-sex marriage in Greece?

  Greek LGBTQI+ groups have advocated for marriage equality and the legal recognition of all families for many years. In 2015, civil partnership arrangements were made available to same-sex couples. This marked a historic victory for LGBTQI+ and human rights in Greece but left a large part of the LGBTQI+ community unsatisfied, because there were several important issues the law didn’t cover, including adoption rights. As a result, LGBTQI+ activism has continued to demand true equality in all laws and regulations concerning interpersonal relations.

  Our main argument concerns the discriminatory character of laws that exclude LGBTQI+ people, same-sex couples and diverse families from access to the rights that are afforded to cisgender straight people and heterosexual families. The fact that citizens don’t have the same rights and obligations is proof that we are not truly equal, and a state cannot be considered fully democratic when it has first-class and second-class citizens.

  LGBTQI+ organisations have therefore urged legal change, pointing to the example of so many European countries that have recognised marriage equality. The road hasn’t been easy. It involved a lot of struggle, disappointments and persistence. We fought for many years until the change we demanded – initially viewed as impossible, and therefore ignored – was eventually deemed necessary. The recent passage of this law was a civil society victory that proves, once again, that when we take action together, change can happen.

  How has Positive Voice contributed to the campaign?

  Positive Voice was consistently dedicated for years to the sometimes frustrating work of increasing the visibility of LGBTQI+ people and educating the public on LGBTQI+ rights when the state wasn’t doing anything about it. On the basis of the recognition of the strong association of HIV with social vulnerability, we have focused on the social rather than purely medical side of things.

  For over a decade, Positive Voice has been a staunch advocate of LGBTQI+ rights. We have continuously raised the urgent need for equality with government officials. We have been active participants of Pride festivals, consistently supported the demands of LGBTQI+ people, co-signed advocacy letters and statements, endorsed campaigns such as ‘Say Yes’ and hosted impactful exhibitions. A recent one was ‘Where Love is Illegal – Exhibition in a Box’, which shares real stories of LGBTQI+ people in countries where they are not allowed to be themselves or love freely.

  We can proudly say that Positive Voice has been one of the strongest advocates for social change in Greece. The building that accommodates Athens Checkpoint, a sexual health and prevention centre that offers free rapid HIV and hepatitis B and C testing and is our project that’s made the biggest impact, is one of the very few in Athens flying the rainbow flag. The flag has stayed despite the fact that in 2019 the building suffered an arson attack motivated by homophobia and transphobia.

  Have you encountered backlash?

  Partly thanks to consistent civil society campaigning, in recent years public attitudes towards LGBTQI+ people have started to shift. However, homophobia, biphobia and transphobia remain very strong, and hate speech and violence against LGBTQI+ people, and transgender people in particular, are now on the rise, in a very alarming trend that unfortunately is not limited to Greece. Our recent legal victory is obviously a very positive step in the right direction, but we still have a lot of work to do until we are genuinely equal and fairly treated.

  The far-right parties that have significantly grown in recent elections, as well as church representatives, have strongly opposed same-sex marriage. They contend that it infringes upon and destroys the concept of marriage and traditional family values and state that family is by definition the result of a union between a man and a woman. They also argue that the right to marriage should not be regarded as a human right, on the basis of which they claim that the LGBTQI+ community is not being deprived of any fundamental rights. Most importantly, they argue that children raised by same-sex parents will not have a healthy psychosocial development. From their perspective, it is children’s rights that would be violated.

  Concerningly, in the months prior to the law being passed, LGBTQI+ people were exposed to incredible amounts of abusive public discourse, particularly on TV. In show after show, for weeks politicians, journalists, artists, influencers and others were asked whether they agreed with marriage equality, as if human rights were to be subjected to the verdict of public opinion. Hundreds of particularly abusive and discriminatory statements were given airspace and therefore heard and absorbed by millions of people. It is hard to even imagine the negative impact this rhetoric has possibly had on young queer kids across the country.

  How do you connect with the regional and global LGBTQI+ movements?

  We constantly follow their work, participate in events, undertake joint action and take advantage of just about any networking opportunity with other LGBTQI+ organisations. It is a fact that numerous European – and also several non-European – countries are more advanced in claiming respect for LGBTQI+ rights than we are, in terms of legislation and everyday practices and social attitudes. They set an example for the rest of us.

  LGBTQI+ organisations worldwide are doing amazing work and they truly inspire us. And when any of us experiences blatant human rights violations, we all stand up for each other regardless of geography. What unites us is much more powerful than anything that could set us apart.

  ---

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

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

• GUATEMALA: ‘Criminal law is being used as a weapon of political persecution’

  CIVICUS discusses corruption in Guatemala and the criminalisation of anti-corruption activism with Claudia González, former member of the International Commission against Impunity in Guatemala (CICIG) and Virginia Laparra’s defence attorney.

  Virginia Laparra is a former prosecutor of the Special Prosecutor’s Office against Impunity (FECI) who has recently been unjustly sentenced to four years in prison. The #LibertadParaVirginia (#FreedomForVirginia) campaign is mobilising in response.

• HAITI: ‘Gangs control the country instead of the authorities’

  CIVICUS speaks with freelance journalist Nancy Roc about the increase in gang violence and the political situation in Haiti.

  With 38 years of experience, Nancy is a Haitian-born journalist renowned for her work for press freedom. She is the recipient of numerous awards, including UNESCO’s Jean Dominique Prize for Press Freedom.

  What’s the current security situation in Haiti?

  The situation is untenable, to use the exact words of Volker Türk, the United Nations (UN) High Commissioner for Human Rights. Despite a state of emergency and a succession of curfews the government has declared since 4 March to try to regain control of the capital, Port-au-Prince, not a week goes by without kidnappings. Violence is a daily occurrence.

  People are holed up in their homes, most schools are closed and economic activity is severely affected. The same goes for roads, where gangs have been imposing their law for more than three months and many drivers are out of work. Virtually all the capital’s infrastructure has been destroyed or seriously affected by gang attacks.

  An attack on the National Penitentiary on 2 March came as a great shock to Haitians, even though they are used to living under the constant threat of violence. More than 4,500 inmates are believed to have escaped, including prominent gang members and people arrested in connection with the assassination of President Jovenel Moïse in July 2021. There have been widespread looting and attacks, particularly against the National Library, which was stormed on 3 April.

  On the evening of 2 April, heavily armed bandits looted dozens of homes and seized private vehicles in the villages of Tecina and Théodat, in Tabarre municipality, northeast of Port-au-Prince. The vast majority of the population, already living in extreme poverty, have now been plunged into hell and left to fend for themselves.

  As for the police, despite some efforts, they are neither equipped nor numerous enough to deal with such a situation of urban guerrilla warfare against heavily armed gangs. There are currently around 23 gangs operating in the Port-au-Prince metropolitan area, divided into two major coalitions: G-Pèp, led by Gabriel Jean Pierre, known as Ti Gabriel, and G9 Family and Allies, led by Jimmy Chérizier, alias Barbecue. However, UN experts estimate there are between 150 and 200 gangs throughout Haiti.

  According to the UN, since the start of the year, 1,193 people have been killed and 692 injured as a result of gang violence. The health system is on the verge of collapse, and hospitals often lack the capacity to treat the injured. The economy is suffocating as the gangs impose restrictions on people’s movements. The main supplier of drinking water has stopped deliveries. The situation has led to a major food crisis: almost half of Haiti’s 11 million inhabitants need some form of food assistance.

  How did the gangs become so powerful?

  The gangs have powerful backers in government and the private sector. Under former de facto Prime Minister Ariel Henry, who resigned in March, the government funded 30 per cent of the members of the G9. It wouldn’t be surprising if some people, both in the private sector and former senior government officials, have continued to fund them, particularly those who have been sanctioned by the international community.

  A UN expert report published in 2023 also singled out former president Michel Martelly, in power between 2011 and 2016, as well as several prominent business leaders and legislators, as providing resources to armed gangs, whether in kind or in cash.

  The proliferation of gangs began under Martelly and intensified after Moïse’s assassination. By 2019, some 162 armed groups had been identified, more than half of them operating in the metropolitan area. In total, they are said to potentially have over 3,000 soldiers armed with firearms, including adolescents and children.

  Under Moïse, numerous massacres took place, such as the La Saline massacre in 2018, the Bel Air massacre in 2019 and the Cité Soleil massacre in 2020. All took place in neighbourhoods with significant electoral power where members of the opposition lived, and these crimes all went unpunished.

  In 2020, the situation worsened when Chérizier, a former police officer, federated the gangs with the G9 Family, allied to the nine most powerful gangs in the region. This enabled him to control a large part of Port-au-Prince – all while being covertly financed by high-ranking government officials.

  The federation of gangs was even hailed by the UN Secretary-General’s Special Representative in Haiti, who claimed that federating the gangs had reduced the number of homicides by 12 per cent in three months. This caused such a scandal that she was forced to retract her statement, describing it as a ‘misinterpretation‘.

  A year after the assassination of Moïse, as the situation worsened, the UN Security Council unanimously adopted a resolution establishing a sanctions regime that targeted gang leaders and those who financed them. Chérizier was the only gang leader named in an annex to the resolution, but to date no action has been taken against him.

  On 29 February 2024, the situation in the capital took a decisive turn for the worse when Chérizier announced, in a video posted on social media, the reconstitution of the coalition of armed groups known as Viv Ansanm (Living Together). In the video, he claimed responsibility for the tensions that have shaken Port-au-Prince and declared that the gangs’ primary objective was to overthrow the government. He also stated that a hunt was now on for ministers and the Director General of the National Police. He wanted to arrest them and prevent Henry, who was in Puerto Rico, returning to the country. Police officers were killed, police stations were attacked and several flights were cancelled following an assault by gangs at Toussaint Louverture international airport, which has since been closed.

  Chérizier claims to be launching a revolution to liberate the Haitian people from the authorities and the oligarchs. But the gangs have targeted every stratum of society, as well as the poor districts of Port-au-Prince and many state structures that serve the poor, such as the main public hospital. The destruction is such that the UN refers to Haiti as ‘a state on the brink of collapse’.

  By December 2023, more than 310,000 people had been displaced within Haiti. According to the International Organization for Migration, more than 50,000 people left Port-au-Prince in three weeks in March 2024. The scale of the disaster is staggering, and all the countries that had promised police or military aid are absent. Haiti has been abandoned to its sad fate and gangs are controlling the country instead of the authorities.

  Why hasn’t the government reacted to the growing gang threat?

  Four years ago, the Haitian National Police officially had a force of 15,498 police officers, among them only 1,711 women, although the actual number of officers was estimated to be much lower. Moreover, the humanitarian programme put in place by the Biden-Harris administration to make it easier for Haitians to live in the USA has put the police at risk of losing up to a third of its workforce to emigration.

  Against this backdrop, chaos and violence have reached unprecedented levels. Since Moïse’s assassination, the government has been unable to establish order with the police, and the army has only had around 2,000 soldiers. No legislative or general elections have been held since 2016. As a result, there are no longer any elected representatives, as the terms in office of the previously elected ones have expired. Critics of Henry, who was very unpopular, considered his government illegitimate.

  In October 2022, Henry appealed to the international community, requesting the intervention of a foreign force. Given his unpopularity, this aroused public mistrust, as people feared this intervention would strengthen an illegitimate government accused of colluding with gangs. What’s more, the composition of this mission turned into a headache.

  Almost a year later, the UN Security Council adopted a resolution authorising the use of force by an international security assistance mission in Haiti. Neither Canada nor the USA wanted to intervene directly, stressing that the solution had to come from Haitians themselves. But Haitians have been unable to reach agreement, and what’s more, they fear foreign intervention, given the catastrophic interventions led by the UN since 2004. Canada, which had been asked by the USA to take the lead in the intervention, withdrew in March 2023, passing the leadership on to Kenya.

  Deployment of a multinational intervention force was due to begin on 1 January 2024. Last July, Kenya offered to lead the mission with a thousand police officers. Antigua and Barbuda, Bahamas and Jamaica had pledged to send security personnel, and more recently Belize and Guyana did as well. Canada has also pledged to participate in the mission. For its part, the US government pledged to fund the mission to the tune of at least US$100 million.

  As the gangs extended their hold over Port-au-Prince and formed an alliance with the declared aim of overthrowing Henry, he planned to travel to Kenya to sign a reciprocity agreement. While he was away, Chérizier’s criminal gangs launched their attacks on police stations, the airport and prisons. They threatened civil war if Henry returned to Haiti. He resigned on 11 March 2024. The next day, Kenya suspended the dispatch of police to Haiti.

  Who is in charge today, and what are the chances of democracy being restored?

  In the wake of Henry’s resignation, the government declared a state of emergency. On the same day, it was announced that a Presidential Transitional Council (PTC) had been formed to restore order. The Council is made up of nine members: seven voting members and two observers. It includes representatives of the main political parties, civil society and the private sector. Its 22-month mandate is due to end on 7 February 2026 after it has organised ‘democratic, free and credible elections’.

  There are already a number of obstacles to achieving this goal. First, how can security be re-established when the gangs are still receiving weapons from the USA? The latest twist is that when Henry issued the decree announcing the formation of the PTC, it didn’t include any of the members’ names. Since then, the organisations of the PTC’s appointed representatives have expressed their disagreement with the government decree published in the official gazette on 12 April 2024. Finally, the decree formalising the appointment of PTC members was published on 16 April.

  In addition, the Council wishes to be sworn in at the National Palace before the nation, even though the Palace has been targeted by gangs on several occasions. Who will provide security? How can peace be restored to Haiti in a context of such political uncertainty and economic fragility? Will the members of the Council, some of whom are frenemies, be able to look beyond their own interests for the benefit of the nation? And who will rebuild the country after so many young people have left? Will the diaspora finally be called upon?

  Further, the possibility of famine looms on the horizon and the World Food Programme fears that its food stocks will run out by the end of April.

  Finally, how can gangs be persuaded to lay down their arms when they are making millions from kidnappings and arms sales? Crime is a very lucrative business for gangs and for citizens facing great poverty.

  How can we restore justice and punish those who have committed so many crimes against humanity? As the saying goes, no justice, no peace. Finally, what about the gangs’ political ambitions? On 11 March, Chérizier declared that it would be ‘the Viv Ansanm alliance, along with the Haitian people, who will elect the person who will lead the country’. Will the PTC have to negotiate with the gangs?

  The challenges facing the PTC are therefore significant, and one of the most arduous will be to find a way of articulating a request for external aid without losing Haiti’s sovereignty.

  ---

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

  Get in touch with Nancy Roc on herFacebook page and follow@TheNancyRoc on Twitter.

• HORN OF AFRICA: ‘De-escalation must be the primary objective’

  CIVICUS speaks with Mengistu Assefa, Program Manager at the Center for the Advancement of Rights and Democracy (CARD), about a port deal between Ethiopia and Somaliland and the possibility of it escalating into an armed conflict with Somalia.

  CARD is an Ethiopian civil society organisation that advocates for democracy and human rights through citizen empowerment.

  What’s the relevance of the recent port deal between Ethiopia and Somaliland?

  Following Eritrea’s independence in 1993, Ethiopia became a landlocked nation, placed in a challenging position for international trade. Since then, Djibouti has emerged as its primary access point to the sea, handling over 95 per cent of its trade volume. This dependence comes at a cost, with Ethiopia paying more than US$1 billion annually in fees to Djibouti’s ports and infrastructure. With its estimated population of 126 million, the second largest in Africa, Ethiopia views sea access as critical for its economic, political and demographic future.

  To achieve this, on 1 January 2024 the Ethiopian federal government signed a memorandum of understanding (MoU) on commercial port access with Somaliland, a self-proclaimed autonomous territory that is internationally recognised as part of Somalia.

  While this MoU is not a legally binding agreement, it carries significant implications for the region because it walks a tightrope between cooperation and recognition. For Somaliland, the MoU represents a potential step towards international recognition of its de facto autonomy. Although the agreement’s full details remain undisclosed, it also reportedly grants Ethiopia access to Somaliland’s Red Sea coast, potentially including a military base. Ethiopian authorities have not been explicit about Somaliland’s recognition, saying the MoU allows for an ‘in-depth assessment’ of Somaliland’s quest for recognition.

  Somalia vehemently rejects the MoU, viewing it as a violation of its territorial integrity and political sovereignty. It is actively mobilising diplomatic pressure against the deal. Somali president Hassan Sheik Mohamed has visited Egypt and Eritrea, Ethiopia’s long-standing competitors, seeking support. Additionally, the Arab League, of which Somalia is a member, has denounced the MoU. Egypt’s leader, already locked in negotiations with Ethiopia over a Nile dam project, has assured Somalia of potential support if requested, further escalating regional tensions.

  What’s the political status of Somaliland?

  Somaliland, with an estimated population of five million, broke away from Somalia and declared its independence in 1991 after 30 years of civil war. It fought for its independence based on the argument that it had a distinct historical heritage. Somaliland was a UK protectorate, while Somalia was under Italian control. For Somalilanders, this is enough argument to prove they are different territories. Moreover, in June 1960 Somaliland was briefly recognised as an independent state by around 35 nations for a span of five days, before it relinquished its sovereignty to reunite with the Somali Republic.

  Somaliland declared its independence more than three decades ago but Somalia has never recognised it. Neither has any international organisation. Even so, Somaliland has managed to become a stable, functional state. It established its own army and democratic institutions and has held six elections with peaceful transitions of power.

  In late 2022 and early 2023, a local armed movement, the Dhulbahante militias, rose against Somaliland’s government, declaring its intention to rejoin Somalia. This uprising posed significant political and security challenges to the Somaliland government, partly contributing to the postponement of 2023 elections. It cast a shadow of instability over Somaliland’s bid for international recognition, which hinges on its ability to demonstrate long-term stability and democratic institutions.

  Could the port deal lead to international recognition of Somaliland’s independence?

  Somaliland has made clear that a binding legal agreement could only be signed once it is officially recognised as an independent nation state. But the Ethiopian side of the story is quite different. Ethiopia hasn’t ruled out the possibility of that happening but hasn’t explicitly said it would take a stance on the recognition of Somaliland. The signing of a binding legal international agreement with Somaliland would however result in Ethiopia’s de facto recognition of its independence.

  Looking at the bigger picture, this deal could affect the regional security architecture, particularly when it comes to fighting Al-Shabaab, an Islamist terrorist group based in Somalia and allied with Al-Qaeda. Al-Shabaab is perceived as a global security threat and has explicitly targeted Ethiopia. Consequently, Ethiopia is engaged in fighting Al-Shabaab in Somalia alongside the Somali army. If Ethiopia recognises Somaliland, Somalia will likely force Ethiopia to pull out its troops. However, as Somalia cannot take charge of its security on its own, Ethiopia could use it as leverage to force Somalia to back down from a strong reaction.

  Ethiopia’s potential recognition of Somaliland carries significant implications. Located in a strategically crucial area along the Gulf of Eden, where Houthis and pirates constantly attack international ships, Somaliland’s 850-kilometre coastline attracts interest from various countries seeking a potential military base. Ethiopia’s explicit recognition of Somaliland could trigger a domino effect, with other countries following suit, although recognition would likely face significant hurdles at the African Union (AU).

  The AU adheres to the principle of respecting colonial borders and has expressed concerns about setting a precedent for secessionist movements in other African states, including Morocco and Nigeria. Ethiopia will likely weigh this carefully before explicitly recognising Somaliland’s independence. However, the rapidly shifting landscape of international interests suggests that it’s not an impossibility. This possibility is further amplified by the growing involvement of great and emerging powers in the Red Sea region, driven by economic and security interests.

  Could tensions escalate into a conflict between Ethiopia and Somalia?

  Ethiopia and Somalia have had difficult relations in the past. In 1964, they clashed in a three-month border conflict. This initial skirmish foreshadowed a larger and bloodier conflict that erupted between 1977 and 1978. During this period, Somalia invaded Ethiopia with the intent of annexing the Ogaden region, inhabited by ethnic Somalis. The conflict quickly became a proxy war for the contenders of the Cold War, with the western bloc supporting Somalia and the Soviet Union backing Ethiopia. Ultimately, Ethiopia repelled the Somali army.

  In 2006, the Islamic Courts Union (ICU), a group aiming to unite all Somalis across Ethiopia, Somalia and Somaliland under Islamic rule, gained control of Mogadishu, Somalia’s capital. This development raised concerns in Ethiopia, which perceived it as a threat to its national security and regional stability. Supported by the USA in the context of the ‘war on terror’, Ethiopia militarily intervened in Somalia and removed the ICU from power.

  Several years later, Ethiopia and Somalia signed a bilateral agreement aimed at stabilising the region. This agreement facilitated the deployment of Ethiopian security forces to assist the Somali National Army in its fight against Al-Shabaab and support the ongoing Somali transition process. It’s important to note that these Ethiopian troops are currently integrated into the AU Transition Mission in Somalia, a peacekeeping mission.

  Since October 2023, Ethiopia has declared its intention to gain access to the sea by peaceful means. In exchange for access Ethiopia has offered Djibouti, Eritrea and Somalia land-swaps and stakes in a successful state-owned business such as Ethiopian Airlines, Africa’s biggest and most successful airline, and even in the Grand Ethiopian Renaissance Dam. But none of these countries accepted Ethiopia’s offer, leaving Somaliland as a seemingly more amenable option.

  Somalia viewed Ethiopia’s signing of the port deal with Somaliland as betrayal. It reacted strongly and aggressively because it considers it an encroachment on its territory and an act against its sovereignty.

  Ethiopia’s recognition of Somaliland’s independence could open a Pandora’s box. In fear that it could lead to regional and global recognition, Somalia said that if Ethiopia moved forward in implementing the agreement, consequences would follow.

  This all brings us to the final and crucial point: where will this take the region? While the possibility of conflict cannot be entirely dismissed, it’s important to consider various factors and perspectives to assess its likelihood.

  First, military capabilities and intentions play a role. While Somalia’s military power is not comparable to Ethiopia’s, the potential for escalation and regional instability cannot be ignored. Additionally, Ethiopia’s stated commitment to peaceful resolutions needs to be weighed against its historical engagements and potential strategic calculations.

  Second, the international community’s role matters. The Horn of Africa and the Red Sea region are already grappling with complex conflicts and any further instability would have significant repercussions. International pressure and diplomatic efforts to de-escalate tensions and promote dialogue will be crucial in preventing conflict.

  Further, Somalia’s response to the MoU adds another layer of complexity. Its seeking of support from Ethiopia’s historical competitors, such as Egypt and Eritrea, as well as regional entities such as the Arab League, could potentially lead to increased diplomatic pressure against Ethiopia. This, in turn, could further strain relations between the two countries for the foreseeable future.

  Finally, the MoU is likely to ignite discussions about the status of Somaliland, both within the AU and at the United Nations Security Council.

  What should the international community do to address this potential crisis?

  The international community plays a crucial role in navigating the complex situation surrounding Ethiopia’s pursuit of sea access and its MoU with Somaliland. It is essential to engage with all stakeholders, particularly the Somali government and Somaliland’s authorities. It should be a top priority to facilitate negotiations to find a lasting solution that ensures both peaceful coexistence and normalised relations, as people in the Horn of Africa are ultimately bearing the brunt of this disagreement.

  Regardless of the outcome, be it Somaliland’s reunification with Somalia or its international recognition as a separate state, the two countries must establish a mutually agreeable arrangement for peaceful coexistence. The international community can play the role of facilitating a genuine conversation between the two. This is of course easier said than done, given the historical complexities of their relationship and the vested interests of various states and organisations, including western nations and other international players, who prioritise their security and economic interests in the region.

  International involvement should also aim to support Ethiopia and Somalia in reaching a mutually agreeable solution. This requires careful diplomacy to avoid exacerbating existing tensions or creating new problems. It’s also essential to urge those with vested interests in the region to avoid exploiting this situation for their agendas. De-escalation must be the primary objective.

  ---

  Civic space in bothEthiopia andSomalia is rated ‘repressed’ by the CIVICUS Monitor.

  Get in touch with CARD through itswebsite or itsFacebook orInstagram pages, and follow@CARDEthiopia and@mengistu_dadi on Twitter.

• HUNGARY: ‘The government is masking anti-LGBTQI+ legislation under the narrative of children protection’

  CIVICUS speaks about the Hungarian government’santi-LGBTQI+ campaign with Imre Zsoldos of the Hungarian LGBT Alliance.

  Founded in 2009, theHungarian LGBT Alliance is an umbrella civil society organisation (CSO) that brings together seven LGBTQI+ groups with the aim of promoting communication, cooperation and joint action to confront social rejection, prejudice and discrimination against sexual minorities in Hungary.

  What are the latest developments in the government-led anti-LGBTQI+ campaign?

  To begin with, Hungarian legislation explicitly forbids same-sex registered partners from adopting children. There is another law prohibiting unmarried single people from adopting children unless they have a special permit issued by the Minister for Families, which has been made almost impossible to get to prevent same-sex parents adopting separately.

  On top of this, in April 2023 the Hungarian parliament passed a bill enabling people to anonymously report on same-sex couples raising children, or those who contest the ‘constitutionally recognised role of marriage and the family’ or children’s rights ‘to an identity appropriate to their sex at birth’. This law specifically targeted rainbow families and transgender young people. No specific evidence or details would be needed to report same-sex families and other ‘offenders’ to the authorities. The law also mandated the establishment of a reporting platform.

  President Katalin Novak did not sign the bill into law, arguing it weakened the protection of fundamental values, and sent it back to parliament for reconsideration. My assumption is that parliament will pass it again with some changes.

  Previously in March, the government filed a counter claim to the Court of Justice of the European Union (EU) to defend an education law passed in 2021, which was in fact just another anti-‘gay propaganda’ law. Initially, the law was meant to impose harsher punishment for sexual offences against minors, but legislators from the ruling Fidesz party introduced several changes so that the law ended up criminalising the portrayal or ‘promotion’ of homosexuality or sex reassignment to minors and restricting sexual education in schools. It was condemned by 17 EU member states.

  The 2021 Child Protection Act enshrines children’s right to ‘education in accordance with the values based on Hungary's constitutional identity and Christian culture’. The government is masking anti-LGBTQI+ legislation under the narrative of child protection, portraying LGBTQI+ people as paedophiles and claiming it is trying to ‘save the children’ from us.

  The same narrative is also used to criticise the EU: the government claims the EU suspended over €6 billion (approx. US$6.5 billion) in funds for 2021-2027 because it promotes paedophilia, while in fact the funds were cut off due to a decline in the rule of law and judicial independence and concerns about corruption.

  How is the government’s anti-LGBTQI+ campaign affecting people?

  This hostile rhetoric resembles the way Jewish people and other minorities were targeted in the run-up to the Second World War. We are losing the feeling of security in our own society. We feel outlawed and can’t understand how this can be happening in Europe nowadays. Many LGBTQI+ people are starting to think about whether we should leave the country before it’s too late.

  Public attitudes to the government’s anti-LGBTQI+ campaign are shifting both ways, since everyone is reacting to the portrayal of LGBTQI+ people as a public enemy. On one side of the divide, people are getting outraged by the government’s propaganda and hence showing more support and understanding. On the other side, people are beginning to feel emboldened and legitimised to express discriminatory thoughts and act in discriminatory ways.

   

  What are the conditions for LGBTQI+ organisations in Hungary?

  The majority of Hungarian LGBTQI+ organisations are run by volunteers because they very rarely have resources to pay employees, especially in fixed positions. Our funding is strictly tied to projects to be implemented.

  As all the major media platforms are in the hands of the government, our opportunities to shift public opinion are really limited. We can only use CSOs’ social media and websites for advocacy. For example, one of the members of the Hungarian LGBT Alliance is the Rainbow Families Foundation. It ran a large campaign, ‘Family is Family’, that reached an extensive audience thanks to a TV station broadcasting the campaign in prime time. But then the media authority fined the TV station, saying it’s only allowed to broadcast this kind of advertisement at night because its depiction of homosexuality sensitively affects children under 16, causing misunderstanding, tension and uncertainty among them. A court eventually nullified the media authority’s decision, but this kind of decision is why there is almost no newspaper or TV station where we could have the space to effectively resist the government’s anti-LGBTQI+ campaign.

  Activists are targeted by the authorities in diverse ways, such as smear campaigns fuelled by the dissemination of fake information about them, as well as audits and controls on their private or family businesses or pressure in their workplaces or on family members who hold any state position. This creates a constant stress situation, since we never know when, where or how we will be targeted.

  But despite the hardship, we are doing our best to create safe places, build a community and provide legal and other forms of help to LGBTQI+ people.

  What further support does Hungarian civil society need?

  Alongside financial support, it would be extremely helpful – not only for LGBTQI+ people but also for other minorities, the political opposition and civil society as a whole – to have a widely accessible communication platform to reach older people beyond the capital, Budapest. While we can easily reach out to young people through social media, we are unable to reach those who get their information from television, newspapers and their churches, all of which are predominantly controlled by the government.

  ---

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

  Get in touch with the Hungarian LGBT Alliance through itswebsite or itsFacebook page.

• INDIA: ‘Anti-Muslim hate speech sustains polarisation that benefits the ruling party’

  CIVICUS speaks about India’s ongoing elections with Aakar Patel,board chair of Amnesty International India.

  Amnesty International is a global movement of over 10 million people committed to creating a future where human rights are enjoyed by everyone. Amnesty International India was forced to halt its operations on 30 September 2020 as part of the Indian government’s crackdown on civil society.

  How has the election developed so far, and what roles is civil society playing in it?

  This is our lengthiest election yet, spanning from 19 April to 1 June. We expect to know the results on 4 June. This is an anomaly considering the advancements in technology that should have made the process faster. Previous elections have been completed in under three weeks, and even in the 1950s, when balloting was physical and counting manual, the process was swifter. One explanation for this election’s extended duration is that Prime Minister Narendra Modi, the focal point of the ruling Bharatiya Janata Party (BJP), needs time to campaign across all 28 states. The Election Commission, purportedly impartial, has been very accommodating to his needs.

  This campaign has been notably acrimonious, with Modi exploiting religion to polarise voters. Anti-Muslim hate speech sustains polarisation, and this benefits the BJP disproportionately because it leverages religious identity unlike any other party. This polarisation effect is compounded by the BJP’s implementation of divisive policies, such as the criminalisation of marriages between Hindus and Muslims. Such measures are reshaping segments of society and are likely to have enduring impacts on our social fabric.

  Modi also propagates baseless insinuations and accusations against the opposition, often left unchecked by the media. Political parties, particularly the BJP, adeptly harness digital tools for maximum impact, unbound by any ethical considerations.

  Civil society in India faces significant challenges that have intensified under the BJP and Modi. Despite this, many groups have actively countered the communal and divisive rhetoric as effectively as possible, and have engaged with voters to provide information on relevant issues.

  What are the major issues for voters?

  So far, voter turnout has been lower than expected, and this seems to be the result of lack of enthusiasm. The BJP is placing its bets on polarisation rather than putting forward substantive proposals to tackle voters’ material concerns. These move briefly onto the centre stage when the opposition is able to thrust them under the spotlight. And still, major media outlets, predominantly owned by corporate entities and seemingly tethered to the government, tend to sidestep pressing issues like unemployment, inflation and violence in Manipur state.

  Regional issues hold significant importance, particularly in the southern states where the BJP’s political influence is not as entrenched as in the north and west. The simultaneous holding of legislative assembly elections in Andhra Pradesh alongside the national election will undoubtedly influence dynamics. In Karnataka, where the Indian National Congress party secured victory last year, its performance in delivering on its promises will likely shape its electoral fortunes this time around.

  What are the chances of the united opposition coalition winning?

  The opposition has a chance, although it appears to be a slim one, for several reasons.

  The first is that the election is neither free nor fair due to the fact that many opposition leaders are currently in jail, even though they haven’t been convicted. They have been arrested just so that they cannot campaign. Opposition bank accounts have been frozen by Modi for the same reason.

  There is also the fact that the BJP is also the wealthiest party by far and has a highly efficient and experienced ground campaigns team.

  However, I would say that Modi’s performance over the last decade is a major concern for many voters and will likely impact negatively on his support among those still undecided.

  Coalitions have always been good in our part of the world because they impose a sense of moderation and prevent bouts of insanity. Ranged against the might of the BJP, the largest political party in the world, there is no option for non-BJP and non-communal parties but to ally.

  ---

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

  Get in touch with Amnesty International India through itsFacebook page and follow @AIIndia onTwitter andInstagram.

• INDIA: ‘Civil society efforts will be crucial to the quality of the elections’

  CIVICUS speaks with Anjali Bhardwaj, founding member of the Society for Citizen Vigilance Initiatives (Satark Nagrik Sangathan, SNS), about recent electoral reforms and civil society efforts to ensure the quality of India’s upcoming election.

  Established in 2003, SNS is a civil society organisation (CSO) working to promote government transparency and accountability and foster active citizen participation.

  What recent changes have been made to rules on campaign financing?

  On 15 February, the Supreme Court ruled the electoral bond system currently used to finance election campaigns unconstitutional. This is a positive change, with a potential to bring transparency to campaign financing.

  Introduced in 2018, the electoral bond scheme allowed people and organisations to buy designated bank bonds ranging from 1,000 to 10 million rupees (approx. US$12 to US$120,000) to donate to political campaigns in a completely anonymous way. When it introduced this system, the ruling Bhartiya Janata Party (BJP) presented it as a measure to combat corruption and increase transparency in political financing.

  Before the bond system was introduced, political parties could receive funds in cash or through the banking system, but large corporate donations were often made in cash. All cash donations below 20,000 rupees (approx. US$240) were anonymous under the Income Tax Act. So to hoodwink the system, parties often reported large cash donations as multiple donations of amounts smaller than 20,000 rupees.

  The electoral bond scheme was presented as a measure to increase transparency but the anonymity it ensured had the opposite effects. The opacity it enabled allowed single donors to provide unlimited funding. It hasn’t allowed people, CSOs, opposition political parties or even the Election Commission of India to track the flow of money in politics. It has compromised the public’s right to information, as voters are unable to discern the extent or sources of funding political parties receive. This limited people’s democratic right to make informed voting decisions.

  What was the reasoning behind the Supreme Court’s decision?

  The Supreme Court first addressed this issue as early as 2019, acknowledging the bond system’s potential harm to democracy but allowing it to continue while it analysed the substance of the case. But even back then, it emphasised the deepened information imbalance created by a system that allowed the ruling party to access information about donors and donations through the government-controlled bank while leaving opposition parties and the public in the dark.

  In its recent ruling, the Supreme Court stressed that electoral bonds infringe article 19 of the constitution because without the right to information in electoral matters, the rights to free speech and expression guaranteed by article 19 cannot be fully realised.

  Voters in India predominantly support parties, rather than individual candidates. When large corporations contribute generous funds to political parties, there is the presumption that they do so in the expectation of receiving favours in return once parties become part of governments. When favours are returned, policy is guided not by promises made to voters or by people’s needs but by the interests of funders. This is why funding transparency is crucial for informed voting. Without this information, voters cannot know what to expect when parties access government.

  Electoral bonds exacerbated corruption through anonymous funding that gave free rein to large corporations to influence policy. They also made the playing field even more uneven, as the BJP consistently received a substantial share of electoral bonds.

  The Supreme Court judgment declared the scheme and associated amendments unconstitutional, emphasising the importance of the right to information. The court prohibited further transactions and mandated disclosure of past transactions, marking a significant move towards restoring transparency and fairness in India’s electoral process.

  How has civic space evolved under Prime Minister Narendra Modi?

  Regrettably, since the beginning of the Modi government in 2014 we have seen a significant contraction of civic space, due to systematic attacks on the crucial right to dissent, a cornerstone of any democracy.

  The essence of democracy lies in people’s right to question those in power. But in India, this right has been under attack in three primary ways.

  First, those who express dissent, criticise government policies or challenge legislation are labelled as anti-national. The governments files legal cases against them, leveraging draconian laws, terror-related legislation and money laundering statutes to silence them.

  Second, the government has deliberately weakened the laws that empower citizens. The Indian Right to Information Act, lauded as one of the world’s most progressive, has been amended twice in the last five years. Regressive amendments have severely affected people’s right to access information and question the authorities. Similarly regressive amendments to other laws, such as the Representation of People Act and the Income Tax Act, along with the electoral bonds, have further curtailed people’s right to access vital information to hold the authorities to account.

  The government has also undermined the independence of institutions responsible for upholding fundamental rights, including the right to free expression and protest. This has eroded the constitutional protection people should enjoy when expressing dissent. Protesting and questioning the government have therefore become increasingly difficult.

  The cumulative effect of these developments has dealt a severe blow to civic space in India.

  Are there enough guarantees for a free and fair election?

  India has needed electoral reform long before the current administration. For decades civil society has advocated for changes to strengthen the electoral process. While India takes pride in conducting relatively free and fair elections, concerns over the quality of elections have increased over time.

  Civil society has repeatedly expressed alarm over issues including the influence of money over elections, the security and reliability of electronic voting machines and manipulation of the voter roll.

  Regarding the undue influence of money over elections and consequently over policymaking, electoral bonds have long been a matter of major concern. Civil society has also expressed apprehension about glitches in and tampering with electronic voting systems, prompting debate and ongoing legal challenges in the Supreme Court. Alarms were also sounded by recent elections that saw arbitrary deletions and additions to voter lists.

  Civil society continues to bring attention to these issues, urging authorities to find solutions. The resolution of these challenges is essential for India to genuinely claim it conducts free and fair elections.

  Who are the major contenders in the 2024 election, and what are the main issues the winner will need to tackle?

  India has numerous political parties that actively participate in elections. The BJP and its allies have successfully formed a government twice and are currently strong contenders to secure a third term in office. The opposition landscape includes the Indian National Congress, historically prevalent prior to the BJP’s rise. But there are many other national and regional parties that contribute to the diversity of the political spectrum.

  As a developing country, India, faces multifaceted challenges. Among the most significant are deep-seated socio-economic inequality and high incidence of poverty, with a small number of families holding a substantial portion of the country’s wealth and a substantial percentage of the population living below the poverty line. There is much need for policies to uplift those on the margins of society and reforms to the structures that perpetuate inequality.

  Equally crucial is the protection of civic freedoms, particularly for those who criticise the government, including through peaceful protests. Those who express dissent and demand accountability must be protected rather than criminalised.

  The next government should prioritise these issues, addressing inequalities and working to create an environment where citizens can freely express themselves and participate fully in the democratic process.

  ---

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

  Get in touch with the SCVI through itswebsite orFacebook page, and follow @sns_india on Twitter.

• India: Concerns around the judicial harassment against Oxfam India
  Mr. Amit Shah
  Union Minister of Home Affairs of India
  Ministry of Home Affairs
  Government of India

  Dear Excellency,

  We are writing to you to convey our concerns around the harassment of Oxfam India, a non-governmental organisation that has worked for more than 70 years in the country to end discrimination and create a free and just society.

  Oxfam India has been instrumental in assisting communities during the COVID-19 crisis and contributed significantly to building community resilience during the pandemic in 16 states of India. It has provided lifesaving medical and diagnostic equipment to 150 District Hospitals, 172 Primary Health Centres, and 166 Community Health Centres in 16 states.

  Therefore, we are concerned about the recent raid on and investigation of the organisation by India’s Income Tax Department. On 7 to 9 September 2022, officials from the Income Tax (IT) Department conducted what was presented as an income tax ‘survey’ of Oxfam India, during which members of the organisation were not allowed to leave the premises. The staff were also denied access to communication devices and the internet was shut down by the authorities, preventing them from contacting families and relatives. The survey team confiscated private mobile phones belonging to the Senior Leadership Team and the Finance lead and took all of the data from the Oxfam India server.

  We believe that this was the latest attempt to harass and intimidate the staff of the organisation. Hindering Oxfam India’s work will affect thousands of people who already benefit from its services. Further, such raids create a chilling effect on civil society and highlight the broad powers the authorities have.

  This is not the first time Oxfam India has been targeted by the authorities. In January 2022, it was reported that the Central government refused to renew Oxfam India’s Foreign Contribution (Regulation) Act (FCRA) licence. Oxfam India was among the 6,000 groups whose FCRA registration was revoked and rejected for renewal on 1 January 2022. The NGO subsequently filed a revision petition which is still pending.

  We are alarmed by the increasing use of the Foreign Contribution (Regulation) Act 2010 - which regulates the acceptance and use of foreign funding for civil society – to target critical civil society organisations. Among other things the law has been used to limit access to funding and impose a heavy burden on bureaucratic procedures under the pretext of combating foreign influence in India.

  As a state party to the International Covenant on Civil and Political Rights (ICCPR), India must respect, protect and fulfil the right to freedom of association as enshrined in Article 22 of the Covenant and should ensure that national security practices must comply with international human rights law and must never be used to stifle the legitimate works of civil society. In 2016, three UN human rights experts urged the government to repeal the FCRA, stating that it was being used to ‘obstruct’ access to foreign funding and fails to comply with international human rights standards.

  Therefore, we urge your government to immediately and unconditionally halt the harassment of Oxfam India and other civil society organisations working to defend human rights. We further reiterate our call to the government of India to review or repeal the FCRA to bring compliance with the ICCPR and to create a safe and enabling environment for civil society organisations to conduct their legitimate work.

  ---

  Signatories:

  1. Alianza ONG, Dominican Republic
  2. Asia Development Alliance
  3. Cemefi- Mexico
  4. Civil Society Capacity Building Center (CESC), Mozambique
  5. CNSC-TOGO
  6. Consortium of Ethiopian Human Rights Organizations (CEHRO)
  7. Cooperation Committee for Cambodia (CCC)
  8. FINESTE. Haiti
  9. Fingo, Finland
  10. Instituto de Comunicacion y Desarrollo (ICD), Uruguay
  11. JOINT - Liga de ONG's em Moçambique
  12. Mozambican Chapter of Media Institute for Southern Africa (MISA Mozambique)
  13. Network of Estonian Non-profit Organizations
  14. NGO Federation of Nepal
  15. Nigeria Network of NGOs
  16. Pakistan Development Alliance
  17. Pakistan NGOs Forum
  18. RACI Argentinas
  19. Red Venezolana de Organizaciones de Sociedad Civil.
  20. REDECIM, Mexico
  21. Redlad.
  22. Regional Initiative Rendir Cuentas
  23. Unión Nacional de Instituciones para el Trabajo de Acción Social (UNITAS) Bolivia
  24. Zambia Council for Social Development (ZCSD)

  ---

   Civic space in India is rated as "Repressed" by the CIVICUS Monitor

• INDONESIA: ‘Communities have the right to have their opinions heard and considered’

  CIVICUS speaks about the recent protests triggered by rising fuel prices in Indonesia with Kahar S Cahyono, vice president of communications of Konfederasi Serikat Pekerja Indonesia (KSPI), a trade union organisation that promotes social justice and the welfare of workers.

  What triggered recent protests in Indonesia?

  Workers’ protests were triggered by several government policies deemed to be detrimental for workers. The most recent was the increase in fuel prices, which lead to the increase of prices of basic necessities.

  Previously, to determine the minimum wage for 2022, the government had used the regulations of a very problematic law, the Omnibus Law on Job Creation. As a result, the wage increase was at the minimum level. For workers in many areas there was no increase at all. The national average wage rise was roughly one per cent, while the inflation rate in September 2022 reached almost six per cent. In other words, wage increases could not accommodate the sudden increase of prices. The situation worsened due to the increase in fuel prices.

  In this context, the government announced it would continue to use the same mechanism provided by the Omnibus Law on Job Creation to calculate the wage increase for 2023. On top of that, the government recognised that in 2023 there will be a global recession. When this happens, workers will likely be the main victims, not least because there will be massive layoffs.

  In sum, the purchasing power of workers’ salaries, which already declined because the wage increase has been lower than inflation, will plunge further due to the fuel price rise. The situation will worsen even more because next year’s wage increase will also be the minimum, and will also likely be overcome by inflation. On top of all this, workers will also be haunted by the fear of losing their jobs due to a global recession. 

  What are your demands, and what tactics are you employing to put them forward?

  KSPI has made four demands: cancellation of the increase in the fuel price, repeal of the Omnibus Law on Job Creation, a 13 per cent increase in the minimum wage for 2023 and measures to avoid job losses in a context of global recession.

  On top of these four, KSPI has conveyed two additional demands: the implementation of agrarian reform and the adoption of the draft Law on the Protection of Domestic Workers.

  Agrarian reform is important to achieve food sovereignty. If Indonesia is able to satisfy its food demand without depending on imported goods, it could avoid the worst impacts of a global recession. The draft Law on the Protection of Domestic Workers is key because domestic workers are typically employed in the informal sector and lack any protection.

  KSPI employs a ‘CLAP’ strategy, which stands for concept, lobby, action and politics. Concept refers to developing thought and arguments regarding the issues, through discussion, seminars and other exchanges. Lobbying refers to conducting meetings with relevant officials to convey our position on each issue.

  Action is conducted both through litigation – for example, we submitted a petition for judicial review to the Constitutional Court on the Law on Job Creation, as well as a petition to the Administrative Court on the determination of the minimum wage – and peaceful protest at both local and national levels – for instance, by demonstrating outside parliament or the office of the mayor or governor.

  Finally, politics refers to campaigning so that people will not vote for a political party that supports measures that hurt workers, such as the Omnibus Law or the increase in fuel prices. This is in addition to establishing a political party representing workers, that is, the Labour Party as a tool for class struggle.

  KSPI uses all these tactics jointly with organisations of farmers, fishers, young people, students, women, people living in urban poverty and academics.

  Have protesters experienced any human rights violations?

  Major human rights violations were recorded during theprotests against the Omnibus Law on Job Creation in 2020. An investigation byAmnesty International Indonesia documented at least 402 victims of police violence in 15 provinces and at least 6,658 individuals arrested in 21 provinces. People who protested online were also intimidated. Between 7 and 20 October 2020, at least 18 people in seven provinces were criminalised for allegedly violating the Information and Electronic Transactions Law. 

  As for workers, when KSPI urged a nationwide strike against the Omnibus Law, security force officers came to several factories, even entering production areas, to prevent workers joining the protest. Buses rented by workers to join the protest in Jakarta were suddenly cancelled for no reason, possibly as a result of intimidation or prohibition.

  Rather than with repression, the government should respond to labour action by implementing mechanisms for meaningful participation, enacting the right of the community to have their opinions heard and considered and to receive reasoned responses to the opinions provided.

  How did KSPI react to the football stadium disaster on 1 October?

  More than 130 people died and more than 300 were injured on 1 October as a result of the violence that erupted at Kanjuruhan stadium in Malang during an Indonesian league soccer match when supporters from the losing team invaded the pitch and police fired teargas, provoking a stampede. 

  When this happened, we conveyed our deepest condolences to the victims’ families and to those who were injured. We also examined the facts and concluded there were procedural failures in handling the crowd, and condemned the unprofessional behaviour that led to the tragedy.

  KSPI published a media release with a series of calls. First, we urged the head of Indonesian Police to strip the police head of Malang from his position due to his failure to police the incident adequately.

  Second, we called for this case to be handled by the Indonesian Police Headquarters so that it is thoroughly investigated and those found responsible are punished through either criminal or administrative proceedings, according to laws and regulations.

  Third, we urged the Football Association of Indonesia (PSSI) to suspend league matches until after the conclusion of the investigation of the tragedy. The PSSI should also ensure this won’t happen again by tightening its security protocol for football matches.

  Fourth, we urged the public to raise the Indonesian flag at half-mast in their homes as a symbol to express condolences. And finally, we urged society to promote a healthier, more peaceful sports culture.

  At KSPI we thought it was important for us to convey our position on this issue, not only because many football supporters are also workers, but also because we realise that the use of excessive force by the security forces is very easily directed against workers. Security forces also often use teargas to dissolve workers’ protests. We hope incidents such as this will not be repeated either inside or outside stadiums, in any mass protest attended by thousands of people.

  ---

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

  Get in touch with Konfederasi Serikat Pekerja Indonesia through itswebsite or itsFacebook andInstagrampages.

• INDONESIA: ‘The new Criminal Code spells danger for civil society’

  CIVICUS speaks about the new criminal code passed in Indonesia withFatia Maulidiyanti, Executive Coordinator of KontraS/The Commission for the Disappeared and Victims of Violence.

  KontraS is an Indonesian civil society organisation (CSO) established in 1998 to investigate enforced disappearances, acts of violence and other human rights violations.

  What are the main changes introduced in the new Criminal Code?

  It is KontraS’s opinion that this Criminal Code Bill will have effects well beyond hampering people’s right to privacy. Many of its articles seek to legitimise the ongoing restrictions that are shrinking civic space, bringing back the spirit of the authoritarian Suharto era.

  For example, articles 218 and 219 introduce the crimes of defamation and insult against the president and vice president. This will allow the criminalisation of government critics. Similarly, article 240 bans defaming and insulting the government, and article 351 makes it a crime to defame or insult any authorities or state institutions. These articles are meant to criminalise the publication of any kind of research, data or criticism of the government and the state institutions.

  This amounts to the reintroduction of a once repealed lèse-majesté clause dating back to Dutch colonial times, which of course has long been repealed in the Netherlands. And it spells danger for civil society. It is worth noting that the policing and judicial systems in Indonesia are very problematic. Police standards are low and there is a lot of corruption. Arbitrary arrest and detention are commonly used, as are unfair trials. This already hinders the ability of civil society movements to exist and sustain their work.

  There are also several problematic articles related to the need to request and obtain permits to conduct demonstrations, rallies and other public gatherings.

  What are the forces behind the changes?

  There have been too many obscure political bargains between the government and parliament to accommodate the interests of all political parties at the expense of civil rights and fundamental freedoms.

  While there seems to have been a group of academics supporting the drafting process, there has been no consultation with or participation of civil society or business interests. At the centre of the new criminal code is an attempt to secure power, guarantee public order and gain control in preparation for the 2024 presidential election.

  What do you make of the changes regarding ‘morality’ issues such as sex outside marriage?

  Regression on morality issues may be counterproductive at a time when the government is trying to prevent mass protests against their policies, particularly in view of the upcoming election.

  But the criminalisation of private relationships, acts and behaviours can also be seen as a bargaining chip as the current government is trying to bring Islamic fundamentalist groups into the fold. They are trying to ensure their loyalty by showing they are willing to safeguard conservative religious values. LGBTQI+ rights have been at the forefront of the battles waged by fundamentalist political and religious groups, so they have been the first to go.

   

  How has civil society tried to stop these changes from happening?

  We often discussed with our allies whether and how to provide inputs and recommendations to the Ministry of Law and Human Rights and to the House of Representatives during the process. We did have meetings and took part in various consultations, but as it turned out, these just went through the motions of public engagement, keeping the formalities but disabling any meaningful opportunity to influence the outcomes.

  Numerous CSOs across Indonesia have been protesting about this since at least 2019. There was a big campaign, #ReformasiDikorupsi (‘corrupt reform’) followed by a series of demonstrations against the enactment of the criminal code. However, the government and parliament chose to continue ignoring our objections and instead accelerated the process.

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

  We need all sectors of the international community, including international CSOs, foreign governments and their diplomatic missions and United Nations bodies, to send a clear warning to the Indonesian government against continuing to shut down civic space.

  We really hope the movement to warn the government of Indonesia comes not only from domestic civil society, but also from our international counterparts.

  Investors should also use their leverage, as the government is trying to attract foreign investments while the human rights situation continues to deteriorate on the ground.

  The Indonesian state should be held accountable and be persuaded to step back and change course.

  ---

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

  Get in touch with KontraS through itswebsite and follow@kontras_update on Instagram and@KontraS on Twitter.

• INDONESIA: ‘We must become an example of successful societal resistance against the threat of autocratic rule’

  CIVICUS speaks about the upcoming general election in Indonesia with Muhammad Isnur, chairperson of the Indonesian Legal Aid Foundation (YLBHI) and Secretary of the Board of theHuman Rights Working Group.

  Founded in 1970, YLBHI is a human rights civil society organisation (CSO) that provides legal aid to excluded communities throughout Indonesia and engages in research, advocacy and empowerment initiatives. Every year the organisation receives at least 3,500 legal complaints and requests for assistance.

  What is at stake in the upcoming general election?

  The upcoming election will define Indonesia’s trajectory amidst a trend of growing authoritarianism. The incumbent government led by President Joko Widodo, known as Jokowi, is responsible for numerous human rights violations. It has targeted poor people through evictions and arrests, weakened anti-corruption efforts and criminalised civil society.

  Jokowi has expressed support for the presidential candidacy of Prabowo Subianto, who faces allegations of crimes against humanity, including abductions and enforced disappearances of activists during mass protests in 1998 that led to the downfall of the Suharto dictatorship. He was dismissed from the military but hasn’t faced accountability and his victims haven’t received reparations, and some remain missing. His victory would be the worst possible scenario for civil society.

  Jokowi has also undermined the rule of law to pave the way for his 36-year-old son, Gibran Rakabuming, to become a vice-presidential candidate. The controversial Constitutional Court ruling issued in October 2023 to grant him an exception to the legal minimum age of 40 to run for president or vice-president was delivered by Chief Justice Anwar Usman, who happens to be Jokowi’s brother-in-law. Gibran represents the interests of the Jokowi government and corrupt and authoritarian economic elites.

  If the ruling elite succeeds in arbitrarily extending its power, there is risk of a resurgence of the kind of authoritarian and oligarchical rule we saw during dictatorship from 1966 to 1998.

  Who are the other contenders, and what are their human rights records?

  The other candidates are Ganjar Pranowo and Mahfud MD of the Indonesian Democratic Party of Struggle, which has a long history of wielding power and currently holds the highest number of ministers in the government. Mahfud has defended the Jokowi government for many years and denied the gross human rights violations committed by Indonesian security forces against Indigenous Papuans.

  We’ve also documented numerous human rights violations in Central Java during Ganjar’s tenure as governor. In Kendeng, despite a court decision favourable to the local community opposed to the construction of a cement factory, Ganjar reissued an environmental permit for the construction to proceed. In Wadas, he facilitated the implementation of a mining project aligned with Jokowi’s agenda, disregarding opposition from the local community, which also faced extraordinary repression, including arrests and beatings by the police and disruptions of internet and electricity services.

  The third pair of candidates, Anies Baswedan and Muhaimin Iskandar, in contrast, position themselves as advocates for change. Anies has a social agenda focused on protecting poor people. But they receive support from parties that are integral to the existing power structure and have also backed laws that weakened labour rights and undermined the Corruption Eradication Commission.

  What are the prospects of the election being free and fair?

  The public is concerned about Jokowi’s numerous efforts to make the election unfree and unfair. First, although he later denied it, under the pretext of COVID-19 he planned to amend the constitution to stay for a third term. He then focused on building a political dynasty. He supported his son-in-law and his son to be elected as mayors in Medan and Surakarta. Civil society reports suggest the police and army played an influential role in their victories. Concern persists as Jokowi has signalled support for the Prabowo-Gibran pair and ordered his officials to back his son’s campaign, even though they are required to remain neutral.

  There are also significant concerns about potential fraud, which have prompted civil society to intensify efforts to establish an election monitoring system and set up monitoring mechanisms at polling stations. Civil society remains vigilant, scrutinising any statements, policies or threats that could undermine the integrity of the election.

  Civil society is joining forces to prevent the election of Prabowo. Online activists have created the Four Fingers Movement to urge voters to choose a different pair than Prabowo-Gibran.

  Surveys currently indicate that Prabowo could receive about 40 per cent of the vote. To force a runoff, it’s essential to prevent fraud and secure turnout. If nobody takes over half of the vote on 14 February, civil society and the public may unite around an alternative candidate to counter Prabowo in the runoff. But there are concerns about a potentially low turnout. The number of people choosing not to vote was already high in the previous election.

  What should be done to counter democratic decline in Indonesia?

  Democracy in Indonesia is being eroded by a government that disregards constitutional principles and the rule of law and instead uses laws as tools of power to suit its interests. Jokowi has reinstated the army and police in various public roles and issued presidential decrees and enacted policies to undermine other political parties and eliminate the opposition.

  A key symptom of democratic decline is repression of government critics, including journalists, activists, academics and others advocating for human rights. A revealing example is the case against activists Haris Azhar and Fatia Maulidiyanti, who faced criminal defamation charges for exposing state corruption and human rights violations in the Papua region. Human rights are being violated across Indonesia as communities are evicted under the pretext of investment or national development projects, and people who denounce this are systematically criminalised.

  But there are other issues that should be tackled to foster democracy in Indonesia. Indonesian political parties lack a clear ideological orientation and don’t represent public interests. Their position depends on their leadership and decisions are often made by a few. There is no internal democracy in political parties. The high costs of campaigning lead parties to rely on support from wealthy investors and businesspeople, undermining transparency and enabling corruption.

  To foster change, we should work toward democratising parties, making them more transparent and accountable. Efforts should be made to involve the public in the legislative process. Laws are sometimes passed within a week without any consultation with civil society. Referendums and other mechanisms should be explored to enhance public participation.

  The upcoming election has additional significance in the face of a global surge in authoritarianism. We must avoid following the path of the Philippines, where the son and daughter of two authoritarian dynasties succeeded in getting elected. We must unite in the face of authoritarianism and become an example of successful societal resistance against the threat of autocratic rule.

  ---

  Civic space inIndonesiais rated ‘obstructed’by theCIVICUS Monitor.

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

• ISRAEL: ‘We dream of hundreds of thousands demonstrating for democracy, equality and human rights’

  CIVICUS speaks about currentprotests against judicial changes in Israel with Debbie Gild-Hayo, Director of Public Advocacy of the Association for Civil Rights in Israel (ACRI).

  Founded in 1972, ACRI is an oldest and largest human rights civil society organisation (CSO) in Israel. It advocates for the human rights and civil liberties of everyone living in Israel and in the Occupied Palestinian Territories.

  What are the judicial changes being proposed, and what is wrong with them?

  The government led by Prime Minister Benjamin Netanyahu is promoting several pieces of legislation concerning the judicial system. The one that has advanced most and is the most controversial at the moment concerns the makeup of the Judicial Selection Committee. This committee chooses judges for the High Court, which also plays the role of a Constitutional Court, and also all other courts.

  The government wants the ruling coalition to have a majority in the Judicial Selection Committee so it can control the appointment of judges. It currently has to make compromises and reach agreements between all members of the committee, political and professional, to nominate judges. If the change is adopted, the nomination process will be totally political and will prioritise judges’ allegiance to the government over their professionalism.

  The reform would also diminish the authority of the High Court to conduct judicial review of Basic Laws – which have the status of a constitution in Israel – drafted by the Knesset, Israel’s parliament. For example, the coalition wants to pass a new Basic Law that will release ultra-Orthodox people from obligatory military duty, making their religious studies equivalent to army service. The High Court has already stated that this kind of arrangement would violate the principle of equality. But if the reform passes, then these kinds of unconstitutional amendments to Basic Laws will be possible and the High Court will not be able to intervene.

  Another bill concerns regular laws passed by the Knesset that contradict Basic Laws. The bill determines that in order to annul an unconstitutional statute the High Court will need 80 per cent of its members to agree, which is practically impossible to achieve. On top of that, the bill includes an override clause, which determines that even if the High Court recognises legislation as unconstitutional, the Knesset will have the power to override its decision with a simple majority of 61 of its 120 members.

  It’s important in this context to remember that Israel has a 20 per cent Arab population, so even if a majority of 80 out of 120 Knesset votes were needed for the override clause, like some suggestions that are on the table and quite widely accepted, it would still keep Arabs completely out of the law-making process in the most harming and controversial moments. The government wants to be able to pass laws deemed unconstitutional with a simple majority of 61 members, which could potentially harm an enormous part of the population.

  The government also seeks to change the status of legal advisors in ministries, turning them from independent advisors into politically nominated counsel whose rulings would have non-binding status.

  All of these bills would harm the independence of the judicial system and its ability to defend human rights, and specifically the rights of minorities.

  How would you describe the protests against the changes?

  I would describe them as amazing. As a human rights organisation, it is our dream to have hundreds of thousands of people demonstrating for democracy, equality and human rights. We wouldn’t have thought it possible only a short while ago. People are now attending parliamentary discussions – which, believe me, is incredible. I have been doing this job for a long time, and I used to always be there alone or with a few colleagues at most.

  I think many people felt threatened personally by the reform initiative. This is what usually brings people out to the street. A lot of people who have never been involved in politics before are now mobilising.

  In the last few months, I have talked to members of the Knesset as well as to protesters and advocated for other issues besides the judicial changes that are also harming democracy and human rights in Israel to be included on the agenda. Everything that is related to the occupation is excluded from the mainstream agenda. There is a perception that those demonstrating with Palestinian flags harm the protest.

  But a few things are slowly widening the protesters’ agenda. For instance, people have been speaking up against the creation of a militia of armed citizens to support the police. It is a good sign that criticism is starting to go beyond the judicial changes.

  Protesters include people of all ages and various professional groups, including doctors, social workers and teachers, as well as youth and student groups. But it is undeniable that most are middle or upper-middle class. A deep split has existed in Israeli society for many years, but now it has come to its peak. On the one hand you have the more liberal population and on the other the right-wing nationalist segment, including five per cent of the population who are settlers and 10 per cent who are ultra-Orthodox believers.

  How has the government reacted to the protests?

  From my point of view, there hasn’t been much repression. There are frequent clashes between police and protesters and there have been cases of police brutality, but the level of violence has not been that high. I have seen the police in action in other places, such as East Jerusalem, and they are much more violent. In this case, they have given quite a lot of room to protesters.

  The main thing the government has attempted to do is to delegitimise the protests, referring to protesters as ‘anarchists’, ‘leftists’, ‘a minority against the country’ and so forth, disregarding the fact that hundreds of thousands are protesting every week and many of the people opposing the reforms and deeming them non-democratic are public officials, including members of security forces, or have positions in the financial system. The government also claims protesters are violent, but I personally have never seen such non-violent protesters in my life. If you just look at the protests against the pensions system changes taking place in Paris right now, there is no comparison.

  What role are CSOs playing?

  CSOs have been fully involved in many ways. CSOs are doing advocacy and campaigns, explaining to the public what this judicial reform is about, talking to the press and writing reports. They are also going to the courts when any rights violation occurs, especially regarding freedoms of speech and assembly, and to the police to defend arrested people. And they also take part in the parliamentary legislation procedures, including by attending committee sessions.

  Do you think the protests will force the government to backtrack?

  Protests have put a lot of pressure on the government, influencing Israel’s financial situation and bringing international support, which is also threatening to the government. But we have not stopped the process, but rather slowed it down. The government started pushing all these bills at once and ended up at the end of the Knesset session with only one passed, which protects Netanyahu’s position by limiting the ways a sitting prime minister can be declared unfit for office.

  The judicial reform has been put off for a month, during which time its terms are supposed to be negotiated. The next session will take place in May, and it’s likely that there won’t be an agreement so the ruling coalition will accuse the opposition of obstruction and go on to push the bills forward. Even if there is an agreement between the coalition and the opposition, or part of it, about the details of the reform, it is not certain that the public will accept it.

  If the bills pass, then there will be petitions against them and the High Court might deem them unconstitutional, which will farther intensify the controversy between the sides, and deepen the constitutional clash.

  I don’t think protesters will give up. The worst worst-case scenario is that the ongoing constitutional clash will be accompanied by clashes on the streets. I don’t know what form they will take, whether it will be strikes, people refusing to join the army and the reserves, violent clashes on the street, or general chaos. The far right is more violent than its opponents, and we have already witnessed far-right violence in protests and attacks against Arabs on the streets. The ongoing clash could turn into a catastrophe, maybe also escalating to another major outbreak of violence in the Israel-Palestine conflict, as we saw two years ago in May.

  What forms of international support does Israeli civil society currently need?

  International pressure seems to be one of the only things really influencing this government because Israel is dependent on international support, and financial support in particular. Since the government has a legislative majority, it can theoretically pass all these laws, and the only thing stopping it, or slowing it down at least, seems to be financial pressure within Israel – for example, some high-tech companies have already said that they will relocate or have started to open new companies in other countries – and outside financial or other international pressure.

  Another worry is that although many people are on the streets now and protests seem to be very wide, they do not, and probably will not in the future, deal with the less mainstream issues, such as the rights of the Arab population in Israel and occupation issues. In fact, the Knesset has just passed an amendment to the Disengagement Law that would allow the reestablishment of former West Bank settlements that were evacuated in 2005. This was barely an issue in Israeli public debate. This is just one example. CSOs are currently, and will probably continue to be, the only ones dealing with these issues on the national level, and will also probably be attacked because of this.

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

  Get in touch with ACRI through itswebsite or itsFacebook page, and follow@acri_online onTwitter.

• ITALY: ‘Accusing activists of vandalism is much easier than implementing renewable energy policies’

  CIVICUS speaks with Gabriella Abbate of Last Generation about climate activism and its criminalisation in Italy, a country that has recently experienced both drought and devastating floods.

  Last Generation is an international network of climate activists using civil disobedience to compel governments to address the climate emergency by enabling citizen participation and financially supporting the global south as a primary victim of climate change that it hasn’t caused.

  Why are climate protests on the rise in Italy?

  Italy is heavily affected by climate and ecological crises: it experienced 310 climate disasters in 2022 alone, one of the main reasons behind them being the use of fossil fuels. The Italian government’s funding of fossil fuels has been steadily increasing, reaching €2.8 billion (approx. US$3 billion) between 2019 and 2021 and comprising 90 per cent of Italy’s total investment in fossil energy. Italy is the world’s sixth largest fossil energy lender, ahead even of Russia and Saudi Arabia.

  In reaction to these energy policies, transnational activist networks including Last Generation, Extinction Rebellion and Scientists Rebellion are organising climate protests throughout Italy. They all use nonviolent civil disobedience tactics such as roadblocks, soiling with washable and vegetable-based paint and gluing. Last Generation is currently protesting to demand that the Italian government immediately cease public funding for fossil fuels and respect the agreements made by European Union member states in the 2030 climate and energy framework to increase the share of renewable energies, improve energy efficiency and cut greenhouse gas emissions.

  What challenges are climate protesters facing in Italy?

  A major challenge has been the criticism of our ways of protesting and the way we have been portrayed by the media. I think it is much easier to present someone as a vandal than to try to understand the root causes of the anger driving their action. The media and the state strongly exploit people’s lack of awareness regarding the innocuous materials used in the actions, such as vegetable charcoal, which leads to plenty of misinformation. However, more and more people are still joining our movement, perhaps driven by personal fear of the climate catastrophe, but also due to the realisation that the label of ‘eco vandalism’ is only a facade to mask the problem and that the negative consequences of our actions are minor and superficial.

  On the other hand, the consequences of our activism being portrayed as violent and as acts of vandalism have been profound. There are currently three Last Generation activists facing trial for spraying the Senate building in Rome. They’re accused of ‘criminal damage’ and risk up to three years in prison. Never mind that the paint they used in the protest was washable.

  In April, the Italian government introduced a new law specifically to punish climate actions seen as damaging monuments or cultural sites with fines ranging from €20,000 to €40,000 (approx. US$21,500 to US$43,000) and possible imprisonment for those caught in the act. In this regard, it should be noted that an essential part of Last Generation’s activism is to draw attention to one’s responsibility for one’s choices, which ends up accentuating the consequences of the actions we take. We take responsibility by not running away after an action, and this puts us in an even riskier position. Another tool used by the Italian state is indictment for ‘criminal conspiracy’, a charge historically used against the mafia.

  The Italian government criminalises climate activists because by doing so it can continue avoiding its responsibilities regarding the wellbeing of its citizens. Accusing activists of vandalism is much easier than implementing renewable energy policies.

  How does Last Generation support activists so they can continue mobilising for climate action?

  Last Generation supports prosecuted activists by using funds from donations to pay their legal fees and hire experts to help them navigate court proceedings. We also share information about their cases on social media to gather international solidarity and support.

  How do you connect with the global climate movement?

  Last Generation is part of the A22 coalition, an international network of nonviolent civil disobedience campaigners, all of which demand their governments adopt measures to address ecoclimate collapse. The coalition was established in 2022 and it already includes at least 10 different campaigns advocating with governments in Europe, the Pacific and the USA.

  Within the coalition we share not only strategies and best practices but also victories, such as that obtained in the Netherlands last month. In April, following months of continuous campaigning by our Dutch allies, Schiphol Airport decided to ban private jets and night flights from 2025. It is setting new rules that establish clear limits on noise and emissions and has dropped plans to build an additional runway.

  This network is a great source of support. We help each other increase the visibility of our campaigns. It has certainly helped us attract more people to Non Paghiamo il Fossile (We Don’t Pay for Fossil) and other environmental campaigns in Italy and beyond.

  ---

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

  Get in touch with Last Generation through itswebsite or itsFacebook page, and follow@ultimagenerazi1 onTwitter.

• JAPAN: ‘Each victory brings backlash, but LGBTQI+ people will keep fighting for equality and dignity'

  CIVICUS speaks about the struggle for LGBTQI+ rights in Japan withAkira Nishiyama, Deputy Secretary General of the Japan Alliance for Legislation to Remove Social Barriers based on Sexual Orientation and Gender Identity (Japan Alliance for LGBT Legislation, J-ALL).

  Founded in 2015, J-ALL seeks to remove social barriers based on sexual orientation and gender identity (SOGI). It does so by convening consultations, producing research, developing policy proposals, raising awareness among the public and lobbying government officials and legislators.

  What are the implications of recent court rulings on same-sex marriage in Japan?

  In 2019, five lawsuits were filed at Japanese district courts addressing same-sex marriage. Four out of five court rulings were positive. Nagoya and Sapporo district courts declared that not allowing same-sex marriage was against the Constitution, while Fukuoka and Tokyo district courts ruled that it was ‘in a state of unconstitutionality’.

  The Osaka court was the only one to rule negatively on the three constitutional clauses in question. Clause 1 of article 24 says that marriage shall be based on the mutual consent of both sexes, and the court argued that this clause pertains to heterosexual couples only and doesn’t guarantee same-sex marriage. The court affirmed that legal protection for same-sex relationships hasn’t been fully discussed yet and therefore the Civil Code and Family Register Act, which doesn’t recognise same-sex marriage, is not against clause 2 of article 24, which upholds individual dignity and the essential equality of sexes in matters of marriage and family. Finally, the court argued that there are now minimal differences in the treatment of heterosexual and same-sex couples, and so the lack of recognition of same-sex marriage doesn’t violate article 14, which guarantees equality under the law.

  Have you seen any positive change in public attitudes to LGBTQI+ people?

  Since the lawsuits were filed, there have been significant societal changes. Various surveys indicate public support for same-sex marriage, and over 300 municipalities have introduced a partnership system for same-sex couples.

  According to the 2019 research led by Professor Kazuya Kawaguchi from Hiroshima Shudo University, almost 65 per cent of the population supports same-sex marriage, with the percentage reaching 80 per cent among people in their 20s and 30s. Also, almost 88 per cent support legislation prohibiting bullying and discrimination against sexual minorities. Similar results have been observed in other studies.

  How positive is the recently adopted law against discrimination?

  The law passed in June 2023 is not an anti-discrimination law based on the grounds of sexual orientation and gender identity (SOGI), because it lacks the tools to address actual cases of discrimination. It should be understood as a ‘SOGI Understanding Law’: it primarily aims to promote public awareness of sexual and gender diversity. It mandates the government to create a basic implementation plan and operational guidelines, publish an annual white paper to monitor progress, conduct academic research and establish a liaison council to coordinate policy implementation. It also encourages ‘efforts’ by national and local governments, employers and schools to promote understanding through awareness-raising, setting up consultation services, educational activities and other necessary measures.

  LGBTQI+ groups are concerned that article 12, which states that in implementing the measures each actor shall pay attention to ensure that all citizens can live with ‘peace of mind’ regardless of SOGI, may be interpreted by right-wing groups intentionally to mean that if one person raises concerns, local government cannot implement those measures. However, during the legislative session it was clarified that article 12 was added to emphasise a guiding principle stipulated in article 3, which declares that all citizens, irrespective of their SOGI, are respected as irreplaceable individuals who share basic human rights equally, and unjust discrimination based on SOGI is inexcusable.

  Japanese civil society is still uncertain whether this law will have a positive impact, given that the implementation plan and guidelines are yet to be formulated. We hope that the law will be interpretated and applied in accordance with the guiding principles based on a thorough understanding of the legislator’s intention.

  Have these legal changes been met with an anti-rights backlash?

  This year, anti-LGBTQI+ remarks made by a former secretary of the prime minister in February and Japan’s hosting of the G7 Summit in May accelerated a social movement urging anti-discrimination legislation. As a result, there has been heightened criticism from some conservative members of the ruling Liberal Democratic Party (LDP) and religious groups.

  Anti-transgender discourse has surged by exploiting women’s anxieties. It has gone along the lines of ‘if the law is passed, men claiming to be women will be able to come into women’s public toilets and baths (‘Sento’ in Japanese)’. A new caucus was formed within the LDP, allegedly to protect the peace of mind and safety of women and the fairness of women’s sports. Members of this caucus submitted a request to the Ministry of Justice to keep the ‘compulsory sterilisation’ requirement for legal gender recognition. The LGBTQI+ community must continue discussions on how to counter this backlash.

  What are the next steps in your struggle?

  Three crucial steps should be taken. First, a proper anti-discrimination law banning discrimination on the basis of SOGI must be enacted. Second, marriage equality must be recognised.

  And third, inhumane requirements for legal gender recognition must be removed through the revision of the Act on Special Cases in Handling Gender Status of Persons with Gender Identity Disorder or the approval of new legislation. The compulsory sterilisation requirement has been criticised both domestically and internationally. Recommendations to eliminate it were formulated by various states at Japan’s Universal Periodic Review by the United Nations Human Rights Council in January 2023. However, the Japanese government did not accept these recommendations. A Supreme Court ruling on the constitutionality of this requirement is expected by the end of this year, and we hope it’ll mark the beginning of a movement to amend Japan’s gender recognition law.

  While many other things must be done to protect the human rights of LGBTQI+ people in Japan, we believe it’s crucial to first amend and enact laws on these three issues.

  What international support do you receive, and what is needed?

  At the international level, LGBTQI+ organisations from G7 member states, including us, have formed a new civic engagement group named ‘Pride7’ (P7) to highlight human rights violations related to SOGI globally and propose policy recommendations at G7 summits. In March, we organised the P7 summit with activists from G7 and global south countries and, as a result, handed the P7 communiqué to the governments of Japan, the UK and the USA. Additionally, 15 embassies in Japan released a joint video message ahead of the G7 Summit in Hiroshima, urging protection for the rights of LGBTQI+ people and expressing intolerance towards discrimination. With substantial support from the international community, we aim to pass on the P7 presidency to Italy, the host of the 2024 G7 summit.

  We would appreciate your support to inform wider audiences about the current situation in Japan. Please follow our activities on our website or social media, and contribute through either a one-time or a monthly donation. If you represent a private company, we invite you to cooperate by adhering to the Declaration of Business Support for LGBT Equality in Japan, which we promote as a part of our global campaign called ‘#EqualityActJapan‘.

  ---

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

  Get in touch with J-ALL through itswebsite or itsFacebook page, and follow@lgbtourengokai on Twitter.

• JORDAN: ‘Commercial spyware that enables digital repression and abuse must be completely banned’

  CIVICUS speaks with Access Now about their forensic investigation that exposed the use of Pegasus spyware to target activists and journalists in Jordan. Access Now is an international civil society organisation that works to defend and extend the digital rights of people and communities at risk.

  

  What restrictions do Jordanian journalists and activists face?

  Over the past four years, the Jordanian government has dialled up its crackdown on the rights to freedom of association, expression and peaceful assembly. Journalists, human rights defenders, labour unions and activists are routinely harassed, detained and prosecuted under vague and draconian laws. In late 2022 and throughout 2023, several lawyers, journalists and activists were arrested in connection with protests or for their social media posts.

  Repression has deepened as a result of the new cybercrime law adopted in August 2023. This law threatens online freedom of expression on the basis of ambiguous and overly broad provisions about ‘spreading fake news’, ‘promoting, instigating, aiding or inciting immorality’, ‘online assassination of personality’, ‘provoking strife’ and ‘undermining national unity’. The law is now being weaponised to quash pro-Palestinian protests and activism in Jordan. Since 7 October 2023, hundreds of protesters expressing solidarity with Palestinians in Gaza have been detained and many others prosecuted under this draconian law.

  Our recent forensic investigation into the use of NSO Group’s Pegasus spyware in Jordan has revealed an additional layer of repression, with at least 35 people being targeted for no reason other than their peaceful political dissent and human rights advocacy.

  How’s spyware used, and who’s using it?

  In January 2022, Access Now and Front Line Defenders revealed that Pegasus spyware had been used to hack prominent Jordanian human rights lawyer Hala Ahed. Hala was hacked in March 2021, and it was an isolating and traumatic experience for her. Access Now then joined Citizen Lab to further investigate the use of Pegasus spyware in Jordan.

  Our joint forensic investigation uncovered a terrifyingly widespread use of Pegasus to target Jordanian media and civil society. We found traces of Pegasus spyware on the mobile devices of 30 activists, journalists, lawyers and civil society members. Further forensic analysis by our partners Human Rights Watch, Amnesty International’s Security Lab and the Organized Crime and Corruption Reporting Project identified five more Pegasus victims, bringing the total to 35.

  This is the largest pool of Pegasus victims uncovered in Jordan so far, but we believe actual numbers are much higher. We don’t know exactly who is behind these attacks because spyware manufacturers such as NSO Group make the identification of perpetrators of cyberattacks very hard.

  The NSO Group blatantly claims its surveillance technologies are crucial for governments to fight crime and terrorism. Conveniently, this is the same pretext used by dictators and repressive regimes to criminalise the work of journalists and activists and prosecute them under draconian counterterrorism and cybercrime laws. It’s a match made in hell, as a result of which activists and journalists are hacked, prosecuted, jailed, tortured and killed merely for exercising their rights or doing their job.

  What can activists and journalists do to protect themselves?

  Unfortunately, given their stealthy nature, there’s no bulletproof protection against spyware attacks. Zero click spyware doesn’t require any interaction between the software and the user of the hacked device. It basically exploits a vulnerability in the device’s software to infect it without the user’s knowledge.

  Still, there are some basic protection measures everyone should implement. For example, every time a vulnerability is discovered, Apple patches it, which means it’s important for users to ensure their device’s operating system is always up to date, otherwise the patch won’t apply. Activists can also enable the Lockdown Mode feature on their Apple devices, which seems to be helping protect at-risk users.

  How does Access Now hold governments and companies accountable?

  For years, Access Now and broader civil society have been campaigning for a global moratorium on the export, sale, transfer, servicing and use of targeted digital surveillance technologies until rigorous human rights safeguards are put in place. Commercial spyware that enables digital repression and abuse worldwide, such as Pegasus, must be completely banned. We are not there yet, but this is our baseline to rein in the surveillance tech industry.

  There have been some positive steps toward holding spyware companies accountable. For instance, a number of Israeli spyware outfits including NSO Group, Candiru and four Intellexa entities were added to a list of the US Department of Commerce that includes entities engaging in activities contrary to the USA’s national security or foreign policy interests. The latest addition to the list was the Canada-based firm Sandvine, blacklisted for enabling digital repression in Egypt. In February 2024, the US State Department also announced a new visa sanctions policy that will deny visas to anyone involved in, facilitating or deriving financial benefit from the misuse of commercial spyware around the world.

  Civil society plays a vital role in exposing how these shady companies profit from facilitating human rights abuses around the world and demanding accountability for violations and reparation to spyware victims. Its continued work is key to holding governments and spyware companies accountable.

  ---

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

  Get in touch with Access Now through itswebsite orFacebook andInstagram pages, and follow@accessnow on Twitter.

• KENYA: ‘People are discouraged from voting when they think that voices do not matter’

  CIVICUS speaks about the recent presidential election in Kenya with Ken Ogembo, programme manager of Siasa Place.

  Siasa Place is a civil society organisation (CSO) founded in 2015 with the aim of promoting youth participation in politics. It educates people about the importance of voting and how the government can be held accountable.

  Did you observe an increase in civic space restrictions around the 9 August election?

  We observed several civic space restrictions during the election. The media did not provide fair coverage to all candidates, and the most popular candidates had a clear advantage because everything they did was widely covered and they got a lot of propaganda. Media are powerful tools that can be used to influence the views of people and in this case were used to promote some parties and bring down others. Social media was also used to spread misinformation that influenced many people’s voting decisions.

  Further, there was violence in some counties, which we believe was organised to spark fear. As a result, people no longer felt comfortable attending campaigns for some candidates because of fear they could be attacked. 

  There were also cases of candidates being attacked. Some female politicians were attacked and assaulted; unfortunately not much was done to protect them or follow up on their cases. William Ruto, announced as the winner of the election, was also attacked in Kisumu. His vehicles were destroyed but fortunately he was not hurt. 

  There was also a situation in Kakamega county between the two main coalitions, Kenya Kwanza and Azimio la Umoja: they were fighting over access to a stadium and a number of people got hurt in the process.

  However, I do not believe violence was serious or widespread to the point that we could say it was what marked the electoral process.

  Why was there such low voter turnout?

  There are a number of factors that could have possibly contributed to it, but I think it is first and foremost about people being demotivated from voting because they do not see any change happening as a result of elections. Government corruption is pervasive no matter who is in the government, and economic performance is consistently poor. Public services are of very low quality: there are not enough healthcare facilities, doctors are often going on strike, markets are dirty. Youth unemployment continues to be very high, and most people don’t think this will change, so many do not see any reason for voting.

  We also need to look at how candidates are nominated. Presidential candidate Raila Odinga’s party, Azimio la Umoja, did not conduct democratic internal processes in most of its strongholds and often nominated people who had long been in power and had performed dismally. People are discouraged from voting when they think their voices do not matter.

  I would also say it is also ignorance that drives young people away from the polls. They should understand that regardless of whether they get out to vote, a government will get elected and will rule over them. The fact that they did not vote takes away their moral authority to question those in power. Of course they still have a constitutional right to do so, but their questioning will lack substance and they will not have any alternative to offer.

  Through our engagement with young people, we have noticed they lack confidence in the Independent Electoral and Boundaries Commission (IBEC), the institution that manages elections, which many consider unable to deliver free and fair elections. They view it as pointless to go out and vote if the IBEC can’t ensure their votes will count.

  This is probably a mistake, because there have been improvements in the electoral process, including by making it clear that the results received from voting stations are final. However, the IBEC still has a lot of work to do make people trust the electoral process.

  Finally, I think the government played a huge role by not providing any civic education. It only started doing the basics when it was already too late, as most people who didn’t vote had already made up their minds not to. And when the government did, the content was not of the right kind, in the sense that would make people understand why voting is important and how to play their role as citizens.

  Has civil society been able to play its role in the electoral process?

  Civil society’s role has been somewhat restricted. Many CSOs would need more support and resources to play their full range of roles during elections. During this election we saw many CSOs unable to provide civic education programmes because of lack of funding and government support.

  Our job as civil society is to advocate on people’s behalf, inform them about the process and raise awareness of their rights. But most of us were denied the right to do our work due to lack of resources. My organisation, Siasa Place, played a key role in the previous election because it received the required resources in time. But this year the support we needed came about two months before the elections, which is rather late for us to start doing our work at the community level. This affected our role, but we hope things will improve in the coming years. We need government and civil society to work together to inform people around elections so they know what they are doing.

  There were also cases of CSOs being instrumentalised by political parties to influence voters. That defeats the whole purpose of having an active civil society. We urge the concerned CSOs to remember their original goals and mission and refocus on them. We should be the voice of marginalised people and communities, not of political parties. It is our duty to hold political parties accountable, not root for them at elections.

  Given the very close result, do you think there could be a recount or even an election re-run?

  If the defeated candidate can convince the court that there have been irregularities so gross that they have affected the outcome, then the court could nullify the results. But if votes are recounted and the result comes out the same, there won’t be a need for a rerun.

  Civic space in Kenya is rated ‘obstructed’ by the CIVICUS Monitor.
  Get in touch with Siasa Place through itswebsite or itsFacebook andInstagram pages, and follow@siasaplace on Twitter. 

• KYRGYZSTAN: ‘Civil society realises the importance of joint actions to protect rights and freedoms’

  CIVICUS speaks about the potential approval of aLaw on Foreign Representatives that would further restrict civil society in Kyrgyzstan with Murat Karypov, Project Coordinator of the legal programme of Bir Duino Kyrgyzstan.

  Bir Duino Kyrgyzstan is a human rights organisation and one of Kyrgyzstan’s oldest and largest civil society organisations (CSO). Founded in 1999, it works to protect and promote human rights and freedoms, particularly freedoms of association and expression. It provides legal help to civic activists, people from excluded groups and torture victims. It also promotes human rights through arts, including through its annual International Documentary Film Festival on Human Rights.

  How is civil society changing in Kyrgyzstan?

  Civil society in Kyrgyzstan has changed significantly in recent years. More and more young people are involved in processes to protect and promote human rights and freedoms, and young activists are particularly interested in raising the level of legal consciousness, awareness of international law and international treaties and agreements to which Kyrgyzstan is a party. A large number of young people are interested in improving the situation in the country and openly talk about their proposals and ideas for the socio-economic and political development of Kyrgyzstan. Projects by international organisations aimed at promoting women’s leadership and increasing the level of participation of local communities in decision-making processes at the national level are gaining popularity.

  Since 2018, Bir Duino Kyrgyzstan has successfully implemented a study in partnership with the Global Association for Disaster Risk Reduction on promoting the voices of local communities to decision-makers from local to global and reducing gaps between communities. The resulting methodology was effectively applied by Bir Duino to train women community deputies to increase their participation in decision-making processes.

  Today, civil society realises the importance of joint actions to protect rights and freedoms in Kyrgyzstan. Activists are more united.

  What is the Law on Foreign Representatives?

  A new law on CSOs, the Law on Foreign representatives, is making its way through parliament. Its main purpose is to increase the national authorities’ monitoring and evaluation of CSOs.

  It’s a version of laws adopted in different countries known as foreign agents’ laws. It’s much like the law in Russia. The International Center for Not-for-Profit Law did a comparative analysis and found that these two laws are very similar.

  Already all CSOs regularly provide many mandatory reports in electronic and written form, every month and annually. So the requirement to provide some additional reports is not a challenge for us. But the main issue is how the law will be implemented, and whether it leads to more control over CSO activities.

  Some members of parliament say the main reason for this new law is because a lot of CSOs don’t provide sufficient information about their activities, particularly their budgets. They further accuse CSOs of hiding their real purposes, saying some are involved in political lobbying and creating political instability.

  As a CSO, we’re responsible for every dollar we receive from international donors. We’re open to providing any kind of information about activities within a funded project. International donors are very strict in their requirements about how funding should be used. I think it’s almost impossible to spend even one dollar for other purposes. That’s why for our organisation and a lot of CSOs, we’re absolutely sure we’re transparent and accountable for any kind of funding we receive from international donors.

  How could the new law affect civil society in Kyrgyzstan?

  The question is still open. Will this law be accepted or not? Because even after the results of the third stage of consideration, we have some hope the president will use his veto power to refuse this law.

  Even after the acceptance of this law, our organisation and partners, and a lot of other CSOs, will go on with our activities and our project implementation, but it will definitely affect our activities, particularly those on human rights. A lot of activities could be classed as political activities, meaning they will be restricted.

  Activists have joined efforts to inform international organisations and financial institutions about the need for the president to veto the law due to its inconsistency with human rights principles and standards under the key UN guidelines and the Aarhus Convention, an environmental rights treaty.

  Joint appeals on this bill were made on behalf of local CSOs, international organisations and international financial institutions. Domestically, almost 100 local CSOs issued a statement on their position, and over 30 international CSOs published a statement on the new law, including some from the Russian Federation as well as other European countries. They are showing solidarity with our position.

  The next steps are to wait for the president’s final decision. There is nothing more the international community can do in this matter.

  How might international donors respond?

  Even if international donors can no longer implement projects that are seen as political, there are many fields of work they can support. If human rights funding is going to be limited, attention could be given to implementing projects, for example, in the sphere of education, public health or environment.

  For example, our organisation closely and actively works with local communities in distant and mountainous regions. People at the local level are not very well informed about the activities of international donors. That’s why their opinions can be manipulated. More conservative groups will tell them that international donors or CSOs are involved in political issues. It can be difficult for us to change their mind and explain we are not involved in political issues. But just imagine if, for example, an organisation supports the construction of a hospital or school of some kind, or reconstruction work, then people in the community will understand that international donors provided support. And nobody will have opportunity to say it’s a political issue or some kind of foreign influence.

  Bir Duino Kyrgyzstan has been targeted for pressure and discrimination by conservative groups. Nevertheless, we continue to work to engage with local communities, raise their awareness of the importance of advancing international principles of human rights and freedoms, along with disaster risk reduction, and promote community voices to local to global decision makers.

  ---

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

  Get in touch withBir Duino Kyrgyzstan through itswebpage orFacebook page, and follow@birduino_kg on Instagram.

• LATVIA: ‘The legalisation of same-sex civil partnerships has brought instant conservative backlash’

  

  CIVICUS speakswith Kaspars Zālītis, a human rights activist and board member of Mozaika,about therecent legalisation ofsame-sex civil partnerships in Latvia.

  Founded in 2006, Mozaika is the oldest LGBTQI+ civil society organisation (CSO) in Latvia. It promotes gender equality and anti-discrimination, raises awareness of diverse sexual orientations, gender identities and expressions of identity, promotes an understanding of diverse family models and their legal recognition and advocates for the harmonisation of Latvian laws with international standards.

   

  How significant is the legalisation of same-sex civil partnerships in Latvia?

  The Latvian parliament’s decision to legalise same-sex civil partnerships is historic, particularly considering the nine unsuccessful attempts that preceded it, spread over 24 years.

  The decision, which involves eight separate pieces of legislation granting various rights to people in same-sex civil partnerships, is the first step, and a very significant one, to pave the way for further recognition of LGBTQI+ human rights in Latvia. This victory stands as a collective achievement of LGBTQI+ organisations working in tandem with legislators and shows how cooperation between civil society and politicians can foster positive change.

  We have some wonderful politicians who facilitated the adoption of this package of laws, while we take the credit for having persuaded them to include LGBTQI+ issues on their agenda. Latvia’s first out LGBTQI+ president has also greatly contributed to a positive image and representation of the community.

  Have you experienced backlash?

  We’ve experienced instant conservative backlash and the issue is not yet settled. The civil partnership bill was passed by a small majority, and opposition parties asked the president not to promulgate it so they could have time to collect signatures for a referendum to repeal it.

  As of today, seven out of eight amended laws have already been signed and are set to come into force on 1 January 2024, allowing people in same-sex civil unions to enjoy some social security and tax benefits and hospital visiting rights. However, the crucial piece of legislation that would allow notaries to register same-sex civil partnerships has been put on hold while the opposition seeks to collect the more than 155,000 signatures needed to call a referendum.

  If called, the referendum will be binding if at least 50 per cent of the people who voted in the last election show up and vote. And if a majority of them rejects the law, it will be repealed.

  The Latvian LGBTQI+ community is hopeful that this move won’t succeed. Hopefully there will be no referendum, or not enough people will vote in it if there is one, or they will vote against the repeal. We hope the president will be able to promulgate the law so that it can come into force by mid-2024.

  How is Mozaika working to advance LGBTQI+ rights in Latvia?

  Mozaika is Latvia’s only LGBTQI+ advocacy organisation and for a long time it was the only LGBTQ+ organisation in Latvia. We held a monopoly on LGBTQ+ issues, which resulted in some issues being overlooked due to resource constraints. Thankfully, several new LGBTQI+ organisations have recently been established to bridge the gaps.

  Over 18 years, Mozaika has done a lot of work in advocacy, organising Pride events, conducting capacity development for civil society and providing training for the police and other professions. We have continuously engaged in conversations and raised awareness about LGBTQI+ issues among the public. Our efforts have led to a significant improvement in social attitudes toward LGBTQI+ people. In 2015, only nine per cent of people had a positive attitude, with around half neutral. A recent poll indicates a shift, with 25 per cent now expressing a positive attitude, while half maintain a neutral stance.

  How do you connect with the international LGBTQI+ movement, and what further support do you need?

  We cooperate closely with regional LGBTQI+ organisations to exchange best practices and learn from each other. One of the greatest examples of our cooperation is the annual Baltic Pride, rotating between the capitals of Estonia, Latvia and Lithuania, with Latvia’s capital Riga hosting the event in 2024. Mozaika is also a part of international umbrella organisations, including ILGA-Europe.

  Like every CSO, we struggle with funding sustainability to maintain our activities and ensure financial independence. Given that LGBTQI+ issues are still not popular among local funders, Latvian LGBTQI+ organisations face additional challenges. Even though we’ve achieved significant milestones, we urge the international community to keep monitoring the political situation in Latvia to avert a broader conservative backlash that could jeopardise our accomplishments.

  What are your next steps?

  The positive changes witnessed since our founding in 2006 reflect the extensive and strategic character of our work. We’re going to persist in litigation on various fronts, such as addressing inheritance rights, seeking recognition for same-sex couples who have married or registered abroad and advocating for the recognition of the children of same-sex families. We’ll also keep working to combat the rising trend of online hate speech and anti-LGBTQI+ propaganda.

  ---

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

  Get in touch with Mozaika through itswebsite or itsFacebook page and follow@lgbt_mozaika andKasparsZ on Twitter.

  The opinions expressed in this interview are those of the interviewee and do not necessarily reflect the views of CIVICUS.