government

• LESOTHO: ‘We must work hand in hand to promote democracy and hold our leaders accountable’

  CIVICUS speaks about the 7 October election in Lesotho with Libakiso Matlho, executive director of Women and Law in Southern Africa Research and Education Trust-Lesotho (WLSA). 

  WLSA is a civil society organisation (CSO) based in Southern Africa and working to promote women’s leadership and eradicate gender-based violence. It contributed to the recent election process by providing voter education. 

  How would you assess the recent election   in  Lesotho in terms of its   transparency   and fairness?

  Looking at the overall proceedings I would say they were transparent and fair. The Independent Electoral Commission (IEC) did a good job. All candidates were given a  platform to share their manifestos as well as their campaigning approaches at different  levels, including through the media  and public gatherings. Independent candidates did not face any threats. Nobody experienced any restrictions in terms of the exercise of their right to reach out to members of the community and potential voters. Voters were free to attend candidates’ forums and political party rallies.

  There were two major challenges, however. One concerned voter civic education, which started a bit later than normal and therefore lasted only about three or four weeks, so it was not as broad as should have been.

   The other challenge had to do with the dynamics of the campaign, which was affected by conflict among candidates during public forums. Some participants invited to take part in the discussions also caused chaos. This  unfortunately led to a few discussions being cancelled before all the candidates could present their manifestos in some areas, especially those that were marked as hotspots.

  Do you foresee any election-related conflict?

  It is hard to predict, but this election seems to have been a bit different from others in the past, which makes me wonder.

  Around 65 political parties and 2,560 candidates competed in the 7 October election. For a small country with a population of two million, that is a huge number of people. And many might find it difficult to accept the outcome if things do not happen according to their expectations. 

  The election itself was peaceful, but political tension mounted as votes were counted over the following days. The results were announced on 11 October: the opposition Revolution for Prosperity party came first but was short of a majority, with 56 of 120 seats, while the incumbent All Basotho Convention party (ABC) came second. It is not clear whether ABC will contest the results and its supporters will take to the streets in protest. If this happens, clashes with rival parties might occur and security force repression could follow.

  I would not rule conflict out but rather consider it as likely to happen as not.

  Do you think the failure to pass constitutional reforms had an impact on the election results?

  I think the failure to pass the Omnibus Constitutional Bill, which had been years in the making, probably had a strong impact on the electoral process, and will definitely have an impact on what happens next.

  The bill sought to amend key provisions regarding political parties, candidate selection, floor-crossing in parliament, the appointment of senior officials and the role of the prime minister, whose removal would require a two-thirds majority. In May, all major parties in parliament committed to pass the bill by the end of June, but disagreements held it up much longer.

  One of the key issues of contention concerned the electoral law, which only allows party leaders to submit a proportional representation party list. With the current system, 80 members of parliament are elected in constituencies and 40 are elected through a proportional division of votes. Small parties are negatively affected because to get some proportional representation seats, they are forced to come together into a list with larger parties, and if they are unable to merge with other parties they are left out.

  Another key issue wasthe politicisation of the security sector, which contributes to political instability. The reforms proposed a way to deal with this.

  The reforms were eventually passed as parliament was reconvened for an urgent session but, following a series of legal challenges, the Constitutional Court declared them null and void at the last minute before the election.

  The failure to pass the reforms will also contribute to continuing difficulties in maintaining coalition governments. Lesotho has had coalition governments since 2012 that have never served a full five-year term due to conflicts that led to their dissolution. In 2017 ABC formed a six-party coalition government, but because of internal conflict Prime Minister Tom Thabane was forced to resign in 2020 and was replaced by Moeketsi Majoro.

  Coalitions have not made for stable and effective governments. The coalition-forming process also confuses voters because ideologies are not a big factor when putting them together. This makes voters a bit sceptical that their parties will remain faithful to their mandate.

  These were some of the issues the reform was meant to address, but unfortunately they remain unaddressed to this day.

  What did voters expect from the election?

  One of the expectations voters place on political parties is that they will work on improving service delivery. This includes fixing infrastructure and providing access to water and electricity, among other things. Lesotho also has high rates of unemployment and widespread problems of gender-based violence and femicides, as well as high crime rates that people hope will be addressed by the new government.

  Basotho people are not happy with the way the public sector has been managed over the years. Employment is mostly driven by nepotism and political affinities. People are uneasy because political parties on the campaign trail are quick to promise they will fix these things but once in power they fail to deliver.

  We have also seen a lot of instability in a key industry, the textile industry, with COVID-19 only making things worse. People were already dealing with bad working conditions and when the pandemic hit many were fired unfairly. This led to worker strikes and has negatively affected foreign investment. Elected leaders need to find means of retaining foreign investment while ensuring good work conditions.

  How can the international community support civil society’s work to strengthen democracy in Lesotho?

  During the election, civil society faced the challenge that almost all funding for civic education came from the IEC, that is, from the government budget. This could potentially compromise civil society’s watchdog role. Additionally, these funds are never sufficient to allow civil society to conduct its work thoroughly.

  The international community should support capacity building so that civil society can conduct robust advocacy during and after the election period. Collaboration between international and local CSOs is also important. For the recent election local CSOs took on voter education alone, without any involvement by international CSOs. We must work hand in hand to promote democracy in our countries and hold our leaders accountable.

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

  Get in touch with WLSA through itswebsite orFacebook page.

• LITHUANIA: ‘Civil society must humanise the public narrative around irregular migration’

  CIVICUS speaks about a new law enabling pushbacks of asylum seekers at the Belarus-Lithuania border withMėta Adutavičiūtė, head of Advocacy at the Human Rights Monitoring Institute (HRMI).

  Established in 2003, HRMI is a Lithuanian human rights civil society organisation (CSO) thatadvocates for national laws and policies consistent with the state’s international human rights obligations and works to ensure the effective enjoyment of human rights.

  What are the main points of the new legislation allowing for the pushback of asylum seekers?

  The amended Law on State Border and its Protection, passed in April 2023, recognises and enables the practice that began in August 2021 of discouraging people from attempting to cross the border at non-designated places and returning them to Belarus once they have crossed the border into Lithuanian territory.

  The amended law provides legal ground for pushbacks without the need to declare a state of emergency. Now pushbacks can be carried out on the government’s decision any time it considers there is an extraordinary situation caused by a ‘mass influx of aliens’. A novelty introduced by the law are the civilian volunteer units to support border guards. Both are allowed, under certain circumstances, to use coercive measures. The State Border Guard Service has recently announced a call for this volunteer service.

  What are the issues around pushbacks?

  According to both Lithuanian and international refugee law, unlawful entry should not be penalised when a person is eligible to request asylum in a country. However, pushbacks are being carried out with regard to people who might have genuine grounds for asylum, such as those coming from Afghanistan and Syria.

  Under the amended law, the State Border Guard Service should perform an individualised assessment to determine whether a person is fleeing persecution and is in fact a refugee as defined in the 1951 Refugee Convention. However, the procedure for such an assessment hasn’t yet been established, and there are good reasons to doubt that border guards can carry out an assessment properly. In our opinion, the decision on whether a person has grounds to request protection should be made by the migration department, while state border officers should only find out whether a person intends to seek asylum and register asylum applications.

  Our preliminary assessment is that although the provisions of the law shouldn’t apply to people fleeing military aggression, armed conflict or persecution or trying to enter Lithuania for humanitarian reasons, people continue to be pushed back without an individualised assessment of their circumstances and without any human rights safeguards being applied.

  How has HRMI advocated against the new law?

  HRMI submitted comments to the draft law and alternative proposals, urging lawmakers to refrain from legalising pushback practices and instead ensure access to asylum procedures for all people irrespective of their means of entry.

  We also continue advocating for the rights of migrants and asylum seekers by raising public awareness on the current disturbing situation.

  Our next steps are to closely monitor the implementation of the new legislation and prepare a comprehensive report based on interviews with asylum seekers. Meanwhile, our colleagues and volunteers from Sienos Grupė provide humanitarian aid to migrants and asylum seekers stuck at the border.

  Additionally, HRMI has a strategic litigation programme that includes 17 cases. The purpose of this programme is to seek justice for asylum applicants and call for judicial review of the most pressing legal issues in the Lithuanian migration and asylum system.

  What obstacles does Lithuanian civil society working on migration face?

  Even though there are no legal restrictions on the work of CSOs helping migrants and refugees, one of our largest challenges is that the public generally approves of restrictive government policies and practices and only a minority support a human rights-based approach in managing increased irregular migration. The government’s strategy of deterrence, constantly picturing migrants and asylum seekers as a threat, has largely influenced the public. Opinion polls conducted in 2021 indicated growing negative attitudes towards migrants and refugees. This is why civil society’s advocacy efforts must focus not only on laws and policies, but also on humanising the public narrative around irregular migration.

  Moreover, lack of information makes it difficult for CSOs to assess the full implications of this law for asylum seekers. Official statistics only include the people who were pushed back on specific days, and there are no statistics available of people who were let in and provided with the opportunity to lodge asylum applications. We also don’t have access to demographic data such as countries of origin, gender, age and other individual characteristics that could allow us to identify the specific vulnerabilities of people who were pushed back.

  How has the international community reacted to the new policy?

  Many international organisations and media outlets immediately contacted us seeking information and requesting our assessment of the situation. A strong statement came from the Human Rights Commissioner of the Council of Europe, Dunja Mijatović, who called on the Lithuanian parliament to reject the amendments and ensure that the legislative process is guided by human rights standards with a robust, human rights-compliant and protection-oriented legal framework. The law was also criticised by the United Nations High Commissioner for Refugees. In contrast, the reaction from the European Union has been lacking.

  Overall, however, we are grateful for the crucial international support we have received in our advocacy efforts, as well as for legal advice provided by our allies. It is very important they remain engaged and continue monitoring the developments on the border.

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

  Get in touch with HRMI through itswebsite or itsFacebook page.

• MALAWI: ‘The tactics used by the current administration are the same used by its predecessors’

  CIVICUS speaks about recent protests in Malawi with Michael Kaiyatsa, Executive Director of the Centre for Human Rights and Rehabilitation (CHRR).

  CHRR is civil society organisation (CSO) aimed at supporting and promoting democracy and human rights in Malawi. Its mission is to contribute towards the protection, promotion and consolidation of good governance by empowering rural and urban communities to exercise their rights. Founded in 1995 by former student exiles who returned home to the promise of a new democracy, it operates through two core programmes: Community Mobilisation and Empowerment and Human Rights Monitoring and Training.

  How has the situation in Malawi evolved since the 2020 elections?

  Malawi held a presidential election in June 2020 because the 2019 election was annulled on the basis that there were massive irregularities and the court ordered a rerun. The 2020 election was won by the opposition candidate, Lazarus Chakwera.

  During the campaign, Chakwera said that if elected, he would address some key issues, including corruption in the public sector. It was the perception of public opinion that corruption was on the rise and the previous administration had not done much to tackle the problem. Chakwera promised to introduce reforms to seal all loopholes allowing for corruption and to improve the judicial system so corruption cases would not be ignored.

  However, once in power it didn’t look like these changes were effectively being implemented. As usual, the first year people gave the new administration some time. The president kept on making the same promises but made very little actual progress. 

  The second year continued in the same way and Malawians started to lose patience. People started to take their discontent out to the streets. The economic situation in Malawi also kept getting worse, with costs of living skyrocketing every day and a rise in unemployment. People looked back at campaign promises and compared them to their reality, and frustration arose.

  I wouldn’t say all campaign commitments were just empty promises and lies, because there were issues the government attempted to address, but progress has been slow. For instance, they promised to increase funding for the Anti-Corruption Bureau (ACB) and ensure its independence. Funding for the ACB increased significantly, and a new law was eventually passed to amend the Corrupt Practices Act, removing the requirement of the ACB director to seek consent to prosecute corruption cases. They promised to set up special courts to prosecute corruption cases, and finally submitted a bill to amend the Court’s Act and make a provision for special courts.

  But they also promised to work to recover stolen assets and are moving at an extremely slow pace in this regard. And they also said they would create a million jobs for young people, which has never happened.

  What’s behind recent protests against the judiciary?

  Last year we started seeing lots of protests against corruption and impunity. There have been numerous cases involving government officials – including from the current administration – that have not been prosecuted. Investigations take years, and those involving senior government officials take the longest and rarely end in conviction. Recent ACB reports show that only 30 per cent of such cases have been concluded, and most of these date back to 2015.

  In sum, the wheels of justice are barely moving, and people have concluded that the government is pursuing selective justice. In a recent case, for instance, an 18-year-old man arrested for cannabis possession was prosecuted and given a sentence of eight years in prison, while people accused of serious crimes involving corruption are given three and four-year sentences, if anything at all. Ironically, before this case, a powerful business leader was accused of the same crime, marijuana possession, and was just asked to pay a fine. Such arbitrariness is pushing people to the streets.

  While selective justice is nothing new, this time around people want to hold the government accountable for the promises made on the campaign trail. As a result, pressure is also coming from the opposition to hold the government to account. When the current ruling party was in the opposition, they were the ones raising these issues. Now people are realising it is not any different from its predecessors.

  How have the authorities responded to the protests?

  The government has often tried to stop protests with the use of excessive force. Just recently, over 80 activists were detained and arrested. They were charged with holding an illegal assembly, although the constitution guarantees the freedom of assembly. Hours before these demonstrations started, some Malawians claiming to be from the business community requested the court issue an injunction to stop them. The injunction was granted late in the afternoon, so people gathered the next morning without knowing about it, and the police came in and started firing teargas, beating up people and arresting everyone they could.

  The tactics used by the current administration are the same ones used by its predecessors. The habit of getting last-minute injunctions isn’t new at all: this is what happened in July 2011, when the government got a last-minute injunction, people assembled without any knowledge of it and over 20 were killed by the police in the ensuing repression.

  What shocks me the most is the court’s interpretation of the meaning of the right to the freedom of assembly. The Police Act is very clear about what needs to be done if people stage a protest. It all starts with a notification to the authorities, but this is usually interpreted as people needing to obtain permission from the police, which is against what the law actually says.

  In the recent protest against the judiciary, we were told the demonstration would not proceed until the organisers provided a list with the protesters’ names, to be held liable if the demonstration resulted in damage to property. This is strange, as you cannot be sure who is going to attend a protest and how they will conduct themselves. It is not just the police but also the courts that are now asking for a registry of attendees, something that cannot be found anywhere in the law.

  How could the international community support Malawian civil society?

  Over the past two or three years, new civil society groups have emerged to defend human rights and economic justice, and are mobilising mostly through social media platforms and community radio, particularly in rural areas, issuing statements and calling people to the streets.

  Malawian civil society needs international protection. We need to be able to express ourselves and feel safe while doing it, so we need our international partners to send a message to the president, reminding him of his commitments and his obligations under the constitution. 

  We continue to experience the same challenges as in the past, despite the administration being a beneficiary of civil society mobilisation. In 2019 and 2020, when organisations like ours were protesting against electoral irregularities, the current authorities were by our side and supported our protest for democracy. But they are now doing exactly what they criticised when they were in the opposition, including by passing laws that restrict civil society, such as the recent NGO Amendment Act.

  Civil society also needs resources, including for legal representation. There are currently over 80 civil society activists under arrest, most of whom don’t have legal representation. As a result, they remain in custody awaiting trial. There’s no fair access to justice and they could be held indefinitely.

  Civic space in Malawi is rated ‘obstructed’ by theCIVICUS Monitor.
  Get in touch with the Centre for Human Rights and Rehabilitation through itswebsite orFacebook page, and follow@CHRRMalawi on Twitter.

• MALDIVES: ‘Calling this a free and fair election would be a betrayal to the people of Maldives’

  CIVICUS speaks about the upcoming presidential election in Maldives with Shahindha Ismail, founder of theMaldivian Democracy Network (MDN).

  The MDN, an independent civil society organisation (CSO) that since 2004 has worked to protect and promote human rights and the values and principles of democracy in Maldives, was arbitrarily deregistered by the government in 2019. Shahindha continues leading the organisation from exile in Germany and is currently completing a research project on violent extremism in Maldives, which she started as a Reagan-Fascell fellow at the USA’s National Endowment for Democracy.

  How does the Maldives government relate with civil society?

  The government is selective about the CSOs it engages with. More critical and vocal organisations receive no cooperation from the government. It has become commonplace over the past four-plus years to brush CSOs off and exclude us from government consultations as ‘unruly troublemakers’. The most worrying trend in this regard is the labelling, smearing and targeting of CSOs and individuals who criticise the government.

  Additionally, one of the biggest obstacles the government has placed on civil society work is its systematic refusal to release public information, which violates the Right to Information (RTI) Law. The government ignores invitations from CSOs that conduct assessments of governance quality, depriving them of the opportunity to discuss their findings and recommendations with government officials. Public expressions of concern and requests regarding the malfunction of government systems generally go unheard and ignored.

  Do you think the upcoming presidential election will be free and fair?

  No, I think the election that will take place on 9 September has already lost any semblance of freedom or fairness. The government has unfairly, even unlawfully, monopolised all political spaces months ahead of the election. The government has sought to eliminate all viable opposition and has used judicial institutions to place one obstacle after another in the way of opposition parties, depriving them of precious time for campaigning. The Elections Commission (EC) in particular is seriously compromised, which affects the very principle of election freedom and fairness.

  The latest news reports state that the incumbent, President Ibrahim Mohamed Solih, has declared at a campaign rally in Thaa Atoll that tensions will arise if Maldives has to go to a second round of voting during the presidential election. It is a direct threat to voters, even an incitement to violence. Every election Maldives has had since the 2008 Constitution introduced multi-party elections has had two rounds and we have never had a violent election.

  In early August, the Supreme Court ruled that former president Abdulla Yameen Abdul Gayyoom, the presidential candidate of the Progressive Party of Maldives, was ineligible to run. His conviction for corruption and money laundering is still under appeal.

  A few months ago, the EC delayed the registration of The Democrats, a new party formed by a splinter faction of the ruling Maldivian Democratic Party (MDP). This party had formed following allegations of election rigging during the party primaries, in which President Solih competed against former president and Parliamentary Speaker Mohamed Nasheed. Over 39,000 MDP members were then removed from the voter roll and did not get to participate in the primaries. The EC said it had checked The Democrats’ membership and application forms and found them to be in order but needed a further three to four months to verify them a second time. Only much later was the party officially registered.

  Weeks after this manoeuvre, the EC suddenly cancelled the registration of the Maldives Reform Movement, the party led by former president Maumoon Abdul Gayyoom, claiming it was short of around nine members to be eligible to remain registered, which the party denies.

  Additionally, the media is coopted by the government, so you rarely see objective or critical coverage of government actions. Media coverage often looks like government PR rather than news. Unsurprisingly, the disinformation that has plagued the campaign, often coming from the government, has only been legitimised and amplified by mainstream media. Civil society has had a very challenging time getting their voices heard.

  And the Solih campaign is using blatant tactics to influence voters that involve consistently abusing state resources, as civil society has repeatedly denounced.

  For instance, on 22 August, two weeks ahead of the vote, President Solih announced a 40 per cent pay rise for all government employees, even though the previous day the value of the Maldivian Rufiyaa had dropped again and the national external debt exceeds US$3.8 billion. Additionally, hundreds of government jobs and promotions were handed out at state-owned enterprises right before the MDP presidential primaries, and increases in financial benefits for health workers, teachers and retired people were announced just months ahead of the election.

  Another example of an attempt to buy off voters was the announcement of land distribution to the residents of Greater Malé, the capital city’s metro area. A list of over 19,000 eligible applicants was published in June 2023 and a confirmation list has just been published in August. However, while the government has announced that dredging will begin soon, it is not at all clear how much of the promised land is in reality above water. Large-scale infrastructure development projects such as airports, housing programmes and bridges have also been irresponsibly announced or contracted out with no information about when they will be completed.

  What’s at stake in the election?

  Concerningly, this election may result in a turn towards religious fundamentalism and deepened authoritarianism. Right now, President Solih’s only coalition partners are the Adhaalath Party and the Maldives Development Alliance, both notorious for their support of religious extremists. Solih’s alliance with the religious conservative Adhaalath Party in the upcoming election is particularly concerning, because over the past couple of years Adhaalath has taken extreme stands on various issues, such as condemning yoga as ‘prohibited in Islam’ and calling on the government to arrest anyone who practises yoga, and making public calls on the government to hunt down and punish gay men.

  At a recent rally, Adhaalath’s leader and current Home Minister, Imran Abdullah, announced that the party was ending its reformist stance and embracing the goal of establishing Islamic rule in Maldives. While Maldives has had a constitution based on the tenets of Islam and principles of Islamic Shariah for centuries, they are now going to try to enforce a Taliban-style rule veiled as Islamic Shariah. This is all the more worrying due to the fact that under Solih, the government has increasingly fallen under pressure from religious extremists, taking extremely undemocratic actions every time.

  What should the international community do to support a free and fair election?

  I think the international community needs to take civil society concerns seriously. As in previous years, election monitoring by civil society is underway. In addition to planned observation of the poll, CSOs have been monitoring the campaign by collecting information through RTI requests, mainly related to the ways abusive government spending is being used to influence the vote. Information is shared regularly, domestically as well as with the international community. The main local observer, Transparency Maldives, has repeatedly made statements regarding the government’s behaviour in relation to the election. These concerns are based on evidence; they are not hearsay or opinion.

  I hope that election monitors and the international community listen to Maldivian civil society’s repeated warnings. Repeated corrupt behaviour and abuse of state resources to deliberately influence the election should not be ignored by international election monitors, especially when the highest measure of a democracy is the existence on free and fair elections.

  Calling this a free and fair election will only legitimise the undue influence of the government on election processes and results. It would be a betrayal to the people of Maldives in every sense of the word. Maldives will not progress if its non-democracy is constantly labelled as a democracy.

  What’s your hope for the future of Maldives?

  My hope is to have a government that genuinely and actively promotes the fundamental values of democracy. One that will educate its people to respect human dignity and teach them to coexist peacefully. This, I believe, can only be done by including a rigorous national curriculum of civic education and providing avenues to learn, such as access to free libraries, educational centres and affordable higher education. Only then will our people be protected against the appeal of corrupt politicians.

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  Civic space inMaldivesis rated ‘obstructed’by theCIVICUS Monitor.

  Get in touch with the Maldivian Democracy Network through itswebsite and follow@MDN_mv on Twitter.

• MAURITIUS: ‘LGBTQI+ people no longer need to live with the constant fear of being criminalised’

  CIVICUS speaks with Najeeb Ahmad Fokeerbux, founder of the Young Queer Alliance (YQA), about the recent ruling by the Mauritius Supreme Court that declared the criminalisation of same-sex relations unconstitutional.

  The YQA is a non-governmental, youth-led and apolitical organisation registered in Mauritius that seeks to empower LGBTQI+ people and organisations, promote equality and lead change.

  What is the situation of LGBTQI+ rights in Mauritius?

  The human rights of LGBTQI+ people in Mauritius have progressed for one and a half decades now. The issue of healthcare for LGBTQI+ people was raised in the National Assembly as early as 1995 with regard to HIV/AIDS prevention, care and treatment. Since then, we’ve seen strides with HIV interventions targeted at LGBTQI+ people with change accelerating since 2008. The Employment Rights Act was passed in 2008, and would later become the 2019 Workers’ Rights Act. The Equal Opportunities Act was promulgated in 2012 and the Civil Status Act was amended in 2021, allowing for the registration of sex at birth of intersex persons as ‘undetermined’.

  Yet local organisations, including the YQA, have faced a deadlock in addressing some pressing needs and aspirations of LGBTQI+ people such as the decriminalisation of homosexuality, the recognition of trans people and marriage equality, and it didn’t seem that legislative change would occur anytime soon.

  What was the process leading to the decriminalisation of same-sex relations?

  Conversations around litigation to challenge section 250(1) of the 1838 Criminal Code, which criminalised homosexuality, started as early as 2014. Numerous community consultations were held, but no queer people were ready yet to take on the challenge. It was a David versus Goliath situation.

  Since YQA was founded in 2014, advocacy efforts started making progress with policymakers. Conversations gained new momentum in 2018 with the queer community winning support from international allied organisations. India decriminalised homosexuality in 2018, and with around 65 per cent of Mauritians being of Indian descent, this had a lot of impact. There didn’t seem to be a reason for Mauritius not to follow suit.

  In September 2019, with the support of two law firms based in Mauritius and France, three friends and fellow activists and I approached the Supreme Court to seek constitutional redress on the basis that section 250 (1) of the Criminal Code violated our fundamental rights and freedoms and was therefore unconstitutional. Two additional cases followed: one by renowned gay artist Henry Coombes and another one by a young queer activist, Ridwaan Ah-Seek.

  But change wasn’t going to happen if we only sought it in court. We had to accompany the legal process with efforts to change the hearts and minds of people. In other words, we had to fight two battles – one in court and another in society – at the same time, while ensuring that plaintiffs remained safe and didn’t lose the courage to continue a legal battle that would take years.

  The YQA mobilised the community and funding from donors for this strategic and planned effort. In addition to our lawyers, we got support from the Canada Fund for Local Initiatives, the Equal Rights in Action Fund of the National Democratic Institute, the European Union delegation in Mauritius, Planet Romeo Foundation and The Other Foundation. They supported a range of projects to empower LGBTQI+ ambassadors, provide media training, engage with both the public and private sectors and undertake research. We submitted the results of a research project we conducted in 2021 to the courts as evidence.

  The four plaintiffs – two Hindus, one Christian and one Muslim – brought to court our stories as queer people from all parts of Mauritian society. Three of us being public officers, we were able to show the challenges we faced due to this abhorrent law being on the books. We played our part and our skilled lawyers played theirs. One thing led to another, and four years later, on 4 October 2023, LGBTQI+ people in Mauritius no longer needed to live with the constant fear of being criminalised.

  What made Mauritius not follow the regressive path taken insome other African countries?

  The Supreme Court showed independence, impartiality and sensitivity to human rights. The principle of separation of powers was upheld. Mauritius is seen as a respected political and economic player in the region. We hope we will be an example for other Commonwealth and African Union member states to follow.

  However, we recognise that unfortunately, many African countries are plagued by dangerous imported extremist doctrines that are erasing the core meaning of being African. The situation is worse than that when the colonial masters enslaved us, for it is our own kin, people with our same skin colour and the same African roots, who are dehumanising and un-Africanising us, while it is them who are bringing in an imported ideology – homophobia.

  What’s next on the LGBTQI+ agenda in Mauritius?

  Two issues that need to be tackled are the recognition of trans people and marriage equality. By preparing ourselves and providing there are adequate resources, the YQA will be able to help us overcome these two injustices.

  This ruling paved the way for greater inclusion of LGBTQI+ people in Mauritius. But although same-sex private sexual relationships among consenting adults have been decriminalised, it remains crucial to educate queer people and people in general about the ruling and its implications for human freedom, equality, dignity and rights.

  What international support do you receive, and what further support do you need?

  The YQA works in networks with LGBTQI+ activists and organisations in the region and beyond. This is what makes our queer movement a global one. And it contributes to learning, sharing and lifting each other’s spirits.

  Achieving the recognition of trans people and marriage equality will require institutional support, strengthened allyship, the participation of the private sector and sustained funding. At the same time, Mauritius is set on the path to becoming an upper-middle-income or high-income economy, making organisations such as the YQA ineligible for donor aid. Donors have to understand that the overall economic situation does not benefit LGBTQI+ people equally and should therefore continue providing targeted support, capacity development and funding to LGBTQI+-led organisations to continue our work.

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

  Get in touch with the Young Queer Alliance through itswebpage orFacebook page.

• MEXICO: ‘Civil society is a retaining wall against government malpractice’

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

  What are Mexico’s main environmental problems?

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

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

• MOZAMBIQUE: ‘The new NGO Law will be the death of the civic movement’

  

  Portuguese

  CIVICUS discusses the state of civic space and new restrictions being imposed on civil society in Mozambique with Paula Monjane, Executive Director of the Civil Society Learning and Capacity Building Centre (CESC).

  CESC is a non-partisan, non-profit civil society organisation (CSO) founded in 2009 with the mission of strengthening the capacity of citizens and communities to participate actively in socio-economic and political development processes, investing in knowledge sharing, learning tools, monitoring and advocacy for public policies that respond to people’s needs.

  What are the current conditions for civil society in Mozambique?

  The legal, political, institutional and practical conditions under which civil society operates in Mozambique have deteriorated over time. Over the past 10 to 15 years, despite having a constitution and laws that safeguard and recognise fundamental universal rights, we have witnessed increasing curtailment of freedoms of expression and information, press freedom and freedoms of assembly and public participation. This curtailment has been practised in violation of both the Constitution of the Republic of Mozambique and the global and African human rights instruments Mozambique has signed. Currently, legislation is being proposed to silence dissenting voices and people fighting for better governance of public affairs and the protection of human rights.

  Freedom of the press and expression has been marked by intimidation, kidnappings and disappearances of journalists, illegal detentions and physical violence, including killings perpetrated with impunity, mainly by police officers and other security forces. In 2021 alone, the Media Institute of Southern Africa (MISA) recorded 23 cases of violations.

  In addition to these actions, there have been legislative onslaughts to limit press freedoms. In 2018, Decree 40/2018 introduced inexplicably high taxes for the licensing and registration of media companies and the accreditation of national and foreign press correspondents. In 2020 the decree was repealed due to pressure by MISA and the fact that the Constitutional Council declared it unconstitutional. But in December 2021, the government introduced a bill on media and broadcasting that would further restrict the exercise of press freedoms.

  Attempts to deny permission for peaceful protests and control and suppress them have also increased. In 2022, several peaceful protests organised by feminist activists that had been notified to the relevant institutions were interfered with. In many cases activists were rounded up at police stations for no clear reason. People defending human rights have suffered reprisals, ranging from verbal and bodily threats to murder.

  Elections, which have never been free or fair, have been the scene of systematic fraud, with violence committed before, during and after voting, and impunity for the state agents involved in it.

  Spaces for people’s participation, which became popular in the 2000s, have been losing steam in the face of an increasingly closed political regime. People’s participation in state planning has become dependent on the will of the state official who oversees the area and the locality in question. In addition, we are witnessing a rise in controls imposed on CSOs that scrutinise the government in the areas of democracy, governance and human rights and threats they will be ‘blacklisted’.

  Other restrictive measures have included changes introduced in the Criminal Code in 2014, defining defamation of senior state officials as a crime against state security and the approval of the 2022 Anti-Money Laundering and Terrorist Financing Act, which overregulates CSOs.

  Under the pretext of fighting terrorism, yet another proposal that restricts a fundamental right, that of freedom of association, was approved by the Council of Ministers in September 2022 and sent to the Assembly of the Republic, Mozambique’s parliament, for approval in October.

  How will this new law affect CSOs in Mozambique?

  The draft law establishes a legal regime for the creation, organisation and functioning of CSOs and contains several norms that violate freedom of association, despite this right being safeguarded by the constitution and international human rights treaties. It gives the government absolute and discretionary powers to ‘create’, control the functioning of, suspend and extinguish CSOs.

  If the bill is approved, it will legitimise already existing practices restricting civic space, allowing the persecution of dissenting voices and organisations critical of the government, up to banning them from continuing to operate. It will be the death of the civic movement, as only organisations aligned to the ruling party will survive. Party leagues affiliated with opposition political parties and opposition political parties themselves may be at risk of extinction.

  Among other things, if passed, the new law would require that statutory changes that involve changes in objectives, activities or even the name of a CSO be approved by the regulatory body, without imposing any deadline for it to issue a decision. It would impose a single template for the bylaws of all CSOs, including details on authorities, mandates, forms of operation, reporting and members’ rights, easily allowing for the criminalisation of their leaders. It would reverse the burden of proof: CSOs will have to prove they are fulfilling their objectives and functioning properly through an annual report submitted every first quarter, and will risk suspension or termination if they fail to submit two reports. This law is intrusive in an area regulated by private law as established by the constitution and also ignores the variety of associations that exist in Mozambique. In addition, it gives the government the authority to conduct monitoring visits, audit accounts, visit implementation sites, demand periodic reports and request additional documentation whenever it sees fit.

  Under the guise of preventing money laundering and terrorism financing, the draft law treats CSOs as criminals from the get-go. It is also unclear how these excessive controls could actually result in greater success in the fight against terrorism financing.

  Why is the Mozambican government regulating CSOs as part of the fight against money laundering and terrorism financing?

  The argument that this law aims to combat money laundering does not hold up, first of all because another law was passed in July 2022, law 11/2022, which deals specifically with money laundering and terrorism financing. CSOs must comply with it and it contains a specific article dedicated to them.

  Out of the 40 recommendations issued by the Financial Action Task Force (FATF) for states to adopt in the fight against money laundering and terrorism financing, only one – recommendation 8 – pertains to CSOs, and focuses on the possible need to adapt the legal framework based on risk assessment, in order to identify the sub-sector at risk, understand possible risks and develop adequate measures for mitigation and supervision based on and proportional to risk.

  Additionally, the FATF has attached an extensive interpretative note to recommendation 8 and has produced a report on best practices, which mentions the need to respect international human rights law, indicates that measures should not disrupt or discourage legitimate charitable activities and notes that actions taken against non-profit organisations suspected of engaging in terrorism financing should minimise the negative impact on the innocent and legitimate beneficiaries of their services.

  In October 2022, Mozambique was put on the FATF grey list, but the only action it needed to take in relation to CSOs was to conduct a terrorism financing risk assessment in line with FATF standards and use this as the basis for developing a disclosure plan. These recommendations are also in line with the assessment conducted in 2021 by the East and Southern Africa Anti-Money Laundering Group, the FATF’s regional partner organisation for East and Southern Africa. But instead, the Mozambican government has presented parliament with a bill to restrict the work of CSOs. The question then is, what are its real intentions?

  The Mozambican government is not alone in attempting to pass an anti-civic space law. Several African states are using FATF recommendations and international pressure as an excuse to legitimise breaches of international and regional human rights instruments and their constitutions, relying on the indifference and sometimes even the protection of some bodies that should be defending these rights.

  Over the past two decades, in a context of democratic regression and a growing prevalence of authoritarian governments, the African continent has seen many laws and measures passed or proposed that restrict universal rights and civic space. According to Freedom House’s 2022 report, 24 African countries have attempted to pass anti-civil society measures and laws. Twelve have succeeded in passing them, six have failed or given up and six have initiatives pending, including Mozambique.

  How is civil society responding?

  Soon after the surprise approval of the draft NGO law, national, provincial and district CSOs came together in what is now a movement fighting for the right to freedom of association. Aware that this process is not merely technical, but mainly political, we embraced multiple tactics, from lobbying and advocacy with decision makers in government, parliament and national and international human rights institutions to campaigns to deepen people’s understanding of the implications of this law’s approval.

  We also conducted several technical analyses and promoted national and international debates. After many efforts and difficulties, we were able to hold a two-day meeting with relevant parliamentary working committees in November 2022. This resulted in the important decision that there was need for a broad consultation with citizens and social organisations at the national level, as universal and fundamental rights are at stake. Consultations were held in all 10 provinces between 6 and 16 February 2023, organised by the Assembly of the Republic alongside the Movement of CSOs In Defence of the Right and Freedom of Association, and included the participation of over 600 CSOs that were unanimous in rejecting the draft law.

  Despite these important steps, we remain concerned about the link made between the urgency to approve the law and Mozambique’s removal from the FATF grey list. This means that even if it does not correspond to what is required of Mozambique, parliament will approve the law as soon as it resumes work next March. Given the defects of the draft law, we think the time is too short for a proper revision that ensures it doesn’t violate the fundamental and universal right to freedom of association.

  If it is passed, we will push for it to be declared unconstitutional. We also expect more visible action from international and regional bodies, including CSOs. Given the dimension of the problem, in Mozambique as in the continent, and because it falls under their mandates, we expect urgent condemnation from the African Union, through the African Commission on Human and Peoples’ Rights, and from the United Nations, through the Special Rapporteur on the rights to freedom of peaceful assembly and of association and the Special Rapporteur on counterterrorism and human rights.

  On behalf of CSOs fighting for human rights and democracy, we hope that the solidarity already shown will continue and that we will join efforts to push back against anti-civic space initiatives such as this.

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

  Get in touch with CESC through itswebsite or itsFacebook page, and follow@CescMoz on Twitter.

• NIGER: ‘Threats don’t solve problems; the international response must emphasise dialogue and negotiation’

  CIVICUS discusses the recentmilitary coup in Niger with Clément Kocou Gbedey, Niger’s National Coordinator of the West Africa Network for Peacebuilding (WANEP).

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

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

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

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

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

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

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

  How long does the junta intend to stay in power?

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

• PAKISTAN: ‘It doesn’t matter who casts the vote as much as who counts the vote’

  CIVICUS speaks about Pakistan’s upcoming election with Muhammad Mudassar, Chief Executive Officer at the Society for Human Rights and Prisoners’ Aid (SHARP-Pakistan).

  Founded in 1999, SHARP is a human rights civil society organisation working for the rights and wellbeing of vulnerable groups, including refugees and internally displaced people, and working on issues related to people trafficking and smuggling of migrants, including through advocacy at the national and international levels, capacity development, community services and emergency response.

  What’s the political climate in Pakistan ahead of the election?

  Post-COVID-19, like many global south countries Pakistan grapples with security concerns, political instability and economic challenges that affect both its citizens and government. This means that uncertainty loomed over the upcoming election, but the situation is much clearer now and the country is all set to vote for the new parliament. It would be unconstitutional to extend the mandate of the existing caretaker government. The Chief Justice of Pakistan has confirmed that it is set in stone that the general election should be held on time.

  To what extent are conditions conducive to a free and fair election?

  As had always been the case, there’s controversy around the election, which many observers feel lacks conditions for fair competition. While some political parties are free to conduct their activities, others claim to face restrictions in submitting nomination papers and campaigning, and their members are subjected to arrests.

  Over the past 75 years, no prime minister of Pakistan has completed a full five-year term, and they have often ended up in jail. This trend started with Zulficar Ali Bhutto, deposed during martial law in 1977, followed by his daughter Benazir Bhutto, who was dismissed twice. A similar fate befell recent former prime ministers Nawaz Sharif and Imran Khan.

  Nawaz Sharif’s Pakistan Muslim League (PML-N) has had ample space for campaigning, even though Sharif, a three-time former prime minister, was ousted for alleged corruption in 2017 and sentenced to 10 years in prison. In October 2023, he returned to Pakistan from exile in the UK, where he had travelled on bail for medical treatment in 2018. Sharif’s corruption conviction and his lifetime ban from politics were overturned by the Supreme Court in early January. Now most political commentators are predicting that the PML-N will win the election.

  In comparison, Imran Khan’s Pakistan Tehreek-e-Insaf (PTI) party is complaining that it has been all but barred from participating in the election. The Electoral Commission of Pakistan disqualified Khan due to one conviction out of around 200 cases against him and barred the party from using its famous cricket bat symbol on ballot papers. Khan has also recently received 10 and 14-year sentences  on charges of leaking state secrets and corruption. Nomination papers of most national and provincial PTI leaders were rejected by District Returning Officers but appellate tribunals of higher judiciary subsequently accepted most and allowed them to context elections.

  Further, there’s no democracy within political parties due to nepotism and dynastic leadership. Most political parties function as family dynasties, which drives independent leaders away. It has rarely been about people’s choices. It doesn’t matter who casts the vote as much as who counts the vote.

  How have civic space conditions changed over the past years?

  The media and civil society are divided and, human rights activists comment, there is an atmosphere of discontent that somewhat hinders the freedom of speech. Further, unemployment and other pressing issues continue to prompt many people to leave Pakistan.

  Still, at SHARP-Pakistan we remain hopeful and keep analysing problems to try to offer solutions. As part of Pakistani civil society, we aspire to forge connections, work alongside and learn from international partners to be able to better promote human rights and democracy at home. We need free and fair elections so that results truly reflect the will of the people.

  How are you and other civil society groups engaging with the election?

  The role of civil society in the election takes the form of support for the institutional processes of a democratic vote well as the more substantive development of a democratic electorate. Civil society is also playing its due role in reducing election-related conflict dynamics and promoting a peaceful electoral environment.

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

• PAKISTAN: ‘The authorities must guarantee the human rights of Afghan asylum seekers’

  
  CIVICUS speaks about the move to expel Afghan refugees from Pakistan withHabib Malik Orakzai, president ofPakistan International Human Rights Organization (PIHRO).

  Founded in 1999, PIHRO is a human rights civil society organisation (CSO) working toempower people to defend their rights, investigate rights abuses, fight discrimination and promote social justice and peace. It provides life-saving health, education and legal assistance and protection for refugees in Pakistan.

  What’s the current situation of Afghan refugees in Pakistan?

  The number of Afghan refugees in Pakistan is uncertain. It’s been gradually increasing over time, reaching around four million, with 2.3 million officially registered. Many of them work as physical labourers on daily wages, although some enjoy financial success as prominent businesspeople. Public sentiment towards refugees is generally friendly and supportive.

  The Pakistani government has established over 20 Afghan Citizen Card centres in 17 districts. However, Afghan refugees continue to face obstacles in legal registration, largely due to the fact that multiple stakeholders are involved in the procedure, including the United Nations Refugee Agency (UNHCR), provincial and federal authorities, and security agencies. Challenges include bureaucratic complexities, limited human and financial resources and an ever-growing number of refugees seeking protection. Political and security concerns further complicate the registration process. Afghan refugees could choose to go to other countries but often face stricter immigration laws elsewhere.

  Why has the Pakistani government ordered the expulsion of Afghan refugees?

  Initially, Pakistan hosted over three million Afghan refugees, but following the Taliban takeover in August 2021 there was a growing influx of new refugees who entered Pakistan both legally and illegally. Pakistan was already going through a financial crisis and the arrival of thousands of asylum seekers added to the economic challenges. Evidence obtained by security agencies over some Afghan refugees’ involvement in recent terrorist activities and street crimes led to the government’s decision to expel unregistered refugees.

  This decision has begun to be implemented. The government has conducted search operations to identify undocumented refugees and send them to the recently built camps in main cities, from where they’re being deported to the nearest borders with Afghanistan. Forcibly returned people face numerous problems in Afghanistan, including food insecurity, lack of accommodation and health issues. Those expelled during the winter face particularly harsh condition when returning.

  What is Pakistani civil society, including PIHRO, in response?

  Civil society organisations, although playing a limited role, are involved in advocacy efforts to prevent forced returns. PIHRO has expressed concerns over the expulsion of Afghan refugees at various forums, engaged in discussions with policymakers and collaborated with international organisations to ensure refugee protection. We are closely observing the situation and engaging with sister organisations dedicated to helping Afghan refugees develop a joint strategy for refugee settlement.

  PIHRO is a member of the Asia Pacific Refugees Rights Network, through which we advocate for non-refoulement, emphasising Pakistan’s responsibility to protect Afghan refugees on its territory and prevent their forced return to Afghanistan regardless of documentation status.

  Rather than expelling undocumented refugees, the Pakistani government should develop strategies to provide people fleeing Afghanistan with reasonable and timely access to registration processes, allowing them to state their claim for international protection. The authorities must work toward regularising legal status and guaranteeing the human rights of Afghan asylum seekers.

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

  The international community should increase its support to Pakistan as the major host of Afghan refugees by providing adequate funding to guarantee that asylum seekers have access to education and healthcare and have their basic needs met. We also urge other governments to increase their refugee admissions from Pakistan through resettlement programmes and facilitate better access to legal routes to safety.

  Despite repeated requests, we haven’t received sufficient international support, which is crucial to prevent further escalation of the crisis. Given the current winter conditions in Afghanistan, our immediate focus is on providing shelters and kits for winter. We call on the international community to address these pressing issues and urge the government of Pakistan to halt refugee expulsions at least temporarily and collaboratively devise a strategy in consultation with the authorities in Afghanistan and the UNHCR.

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

  Get in touch with PIHRO through itswebsite or itsFacebook page, and follow@PIHROrg onTwitter.

• PAKISTAN: ‘We appeal to the international community to share the responsibility of welcoming Afghan refugees’

  CIVICUS speaks about the current move to expel undocumented migrants from Pakistan with Muhammad Mudassar, Chief Executive Officer of the Society for Human Rights and Prisoners’ Aid (SHARP-Pakistan).

  Founded in 1999, SHARP is a human rights civil society organisationworking for the rights and wellbeing of vulnerable groups, including refugees and internally displaced persons, and working on issues related to trafficking in persons and smuggling of migrants, including through advocacy at national and international level, capacity development of stakeholders, community services and emergency response.

  What’s the situation of Afghan refugees in Pakistan?

  Pakistan has hosted one of the world’s largest refugee populations for nearly 44 years, as it started receiving Afghan refugees in the late 1970s. According to the United Nations Refugee Agency (UNHCR), there are 1.4 million registered Afghan refugees, around 840,000 of them registered between 2017 and 2018, plus around 775,000 undocumented Afghan migrants. Since the Taliban takeover of Afghanistan in August 2021, between 400,000 and 700,000 more have arrived in Pakistan to seek asylum and protection through embassies of countries such as Canada, Germany and the USA.

  But the Pakistani government hasn’t announced any policy to provide legal protection to new arrivals. In January 2022, the government barred the issuing of UNHCR asylum certificates to newly arrived Afghans, leaving them in a legal limbo. Acting on behalf of the UNHCR, SHARP has been the frontline organisation offering reception facilities.

  A few weeks ago, a refugee with three or four children ate a mouse poison pill while waiting for resettlement response. Fortunately, SHARP personnel were on site and she was promptly taken to the hospital and survived. This incident reflects the despair many Afghan refugees feel. They’ve spent all their savings coming to Pakistan and waiting while the cost of living only continues to increase. They often seek jobs but there is no legal provision for undocumented Afghans to work or do business. For that they have to use false Pakistani identities, and when they need to leave the country, they’re forced to sell all their assets for next to nothing. The absence of legal protections also leaves them vulnerable to forced labour, and young women are particularly vulnerable to sexual exploitation.

  Why has the Pakistani government ordered the expulsion of Afghan refugees?

  The situation in Pakistan remained peaceful for many years, largely due to the cultural and religious similarities between Pakistani and Afghan people. However, in 2014, an attack on school in Peshawar resulted in the death of over 150 students and teachers. More terrorist attacks followed across Pakistan. In response, the government made a national action plan to counter such attacks and adopted a zero-tolerance border management policy. This is because terrorists were believed to be entering Pakistan across the border with Afghanistan.

  Moreover, Pakistan is grappling with a difficult economic situation, including a fuel price hike and high unemployment, with political turmoil further complicating the situation.

  Social media also played a role by spreading content linking Afghan refugees to terrorism, negatively affecting public attitudes towards them. Repatriation of Afghans from Pakistan reached its peak in 2015, and relationships between host and refugee communities have increasingly deteriorated, with incidents of hostility continuously increasing over the years. Tensions escalated during cricket matches, leading to fights among Pakistani and Afghan supporters.

  In response, SHARP initiated community outreach sessions aimed at engaging young Afghans and Pakistanis to identify commonalities and prioritise them over differences to prevent further violence and create an environment of peaceful coexistence.

  How else is SHARP working to help Afghan refugees?

  We have partnered with the UNHCR for over 24 years and we operate in 14 offices with over 300 staff members in strategic locations. SHARP is the first contact point for anyone who enters Pakistan to seek asylum. Our role is to conduct a brief initial reception interview and collect documentation to put together the claims, which are reviewed and processed by the UNHCR for further interviews and the provision of protection documentation. We also provide free legal aid and assistance to refugees and migrants, psycho-social counselling and shelter services for the most vulnerable. We make referrals for medical services, emergency cash assistance and community-based protection services.

  Working alongside the UNHCR, last year SHARP submitted recommendations to the government, wrote letters to the Minister of Interior and met with the National Commission on Human Rights. I visited parliament three times to advocate for a policy for incoming Afghan refugees and the enactment of a national refugee law. Our recommendations stress the importance of a dignified and respectful approach aligned with humanitarian principles and long-term planning. We’ve urged the Pakistani government to engage with the international community, including the European Union (EU), to address this crisis and ensure that Afghans return home only voluntarily and in a dignified manner.

  It’s crucial to note that while Pakistan is not a signatory to the Refugee Convention, for a long time it has welcomed refugees on humanitarian grounds, treating them as friends. It shouldn’t jeopardise years of efforts by expelling them as foes. The government should establish registration centres and give people several months to come forward and register their claims for protection. As it lacks the required technical capacity and resources, it should work closely with international and civil society partners.

  Is Pakistan receiving the international supportit needs to tackle the situation?

  The refugee crisis is a challenge for global south countries, which often lack robust legal protection and face economic difficulties. Lured by promises from third countries, asylum seekers often come to Pakistan and countries such as Bangladesh, Iran and Tajikistan and then await international assistance for resettlement. In Pakistan, hundreds approach our office daily asking for resettlement support, and we try to help, working alongside the UNHCR and the International Organization for Migration.

  But the strain on Pakistani security, healthcare, education and other public services has become overwhelming. If the EU or an EU country urges us to host more Afghan refugees, they should first assess how many Afghan refugees they have welcomed in recent years and consider sharing the burden through resettlement programmes. The international burden-sharing mechanism isn’t working to provide breathing space for global south countries. There should be a flexible visa regime for Afghans who are stuck here in Pakistan and waiting to reunite with their families and friends in other countries.

  The situation worsened with the Ukraine crisis, because international support shifted towards addressing those humanitarian needs and the Pakistani crisis stayed largely neglected. Additionally, last year’s flash floods displaced nearly 3.4 million Pakistanis, killed around a million animals and affected numerous refugee communities. Although both the international community and the Pakistani government focused on addressing the consequences of the flood, many internally displaced people have been unable to return to their homes and are still living in camps. The ongoing conflict between Israel and Palestine may further divert international attention and resources away from Pakistan.

  We have already been warned that there would be huge funding cut by approximately 60 per cent in 2024, posing a significant challenge in maintaining work for humanitarian organisations with extensive operations across Pakistan. The uncertainty of survival over the coming year is a pressing concern for us. We appeal to the international community to share the responsibility of welcoming Afghan refugees and support Pakistani humanitarian organisations and the government to help asylum seekers rebuild their lives.

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

  Get in touch with SHARP-Pakistan through itswebsite or itsFacebook page, and follow@sharp_pak onTwitter.

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

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

  

  What is the current state of civic space in Palestine?

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

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

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

  Is there a shift towards digital activism in Palestine?

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

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

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

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

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

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

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

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

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

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

• PALESTINE: ‘Lack of a political horizon leading to the liberation of Palestinians has brought us here’

  CIVICUS speaks about the ongoing conflict in Gaza withAbdalaziz Alsalehi, senior researcher atthe Social and Economic Policies Monitor (Al-Marsad).

  Al-Marsad is a civil society organisation (CSO) that seeks to protect the rights of the most marginalised Palestinians through evidence-based policy analysis and monitoring and coalition building for advocacy, dialogue and cooperation.

  What’s the current situation in Gaza and the West Bank?

  The current situation is a continuation of the Israeli occupation of Palestine. Crimes against Palestinian civilians have persisted since 1948 to this day. Occupation forces continue to arrest, kill and displace Palestinians within their territories.

  Despite the world’s attention focusing on the attacks committed by Hamas, the 7 October events cannot be isolated from the historical context of Palestinian suffering, not just in Gaza but also in the West Bank.

  Gaza has been subject to Israeli siege and control for about 16 years, while the West Bank is under a system harsher than apartheid. Life there is exceedingly challenging for Palestinians. The poverty rate in the West Bank and Gaza is over 29 per cent and the unemployment rate sits at about 27 per cent. These rates constantly go up and down due to economic instability.

  But the problem is not only economic and social, it is also distinctly political. Occupying forces and settler militias commit horrifying crimes against Palestinians. In 2022 alone, 224 people, overwhelmingly male, were killed – 53 in Gaza and 171 in the West Bank. Fifty-three were children. In the same year, the Palestinian Ministry of Health recorded 10,587 injuries caused to Palestinians by Israeli occupation forces and settler militias’ gunfire. Forty-five per cent were caused by live ammunition.

  Well before October 2023, attacks against healthcare facilities and providers were widespread, with 177 recorded incidents of assaults against patients, medical teams and healthcare facilities in 2022. Nine of these attacks targeted healthcare facilities, 97 targeted ambulances and 83 affected injured and sick people. Additionally, 173 incidents involved assaults on medical personnel. The nature of these attacks varied, including direct assaults with individual weapons, hindrance of the movement and work of medical teams, exposure to psychological violence and aggressive searches.

  This has been the plight of Palestinians for decades, but the situation escalated dramatically after 7 October.

  Between 7 October and 5 December, the state of Israel has killed at least 15,523 civilians in Gaza and 245 in the West Bank, 70 per cent of them women and children. The escalation may be a response to the Hamas attacks, but data from previous years suggests that there had already been a shift from covert to direct killing and direct forced displacement. This is apparent in the fact that through its war in Gaza, Israel has disproportionately killed children and women without achieving any of its declared goals.

  What led to the current escalation of conflict?

  The lack of a political horizon leading to the liberation of Palestinians has brought us here. Palestinians have been victims of occupation for decades. The continuous suppression operations and the displacement of Palestinians from their lands in the years following the 1993-1995 Oslo Accords between Israel and the Palestine Liberation Organization have led to this outcome.

  It is crucial to note that although it witnessed no Palestinian escalation in recent years, Israel undermined any real opportunities for Palestinian economic empowerment, aiming for an economy controlled by Israel. Additionally, there were violations against sacred sites, particularly Al-Aqsa Mosque, as part of the ‘Judaisation’ of Jerusalem. This coincides with racial segregation on external roads and ongoing settlement activities, leading up to the events of 2021 when Palestinians in the occupied territories – and within the 1948 borders – and in Jerusalem rose up against the occupation. They continue to bear the consequences of those events to this day.

  All this is part of a series of events that Palestinians have been enduring since 1948 in the face of the colonial project that continues to uproot them from their land.

  Some believe that the current form of the government in Israel has led to the explosion of events, but this is not accurate. The occupation has long continued unchanged regardless of changes of government in Israel.

  It is worth noting that the region is changing and evolving, and global powers are undergoing radical transformations. With the war between Russia and Ukraine, the world’s attention diverted from the Palestinian cause and the ongoing oppression of Palestinians. Meanwhile, unconditional US support for Israel persists, which comes with the imposition of numerous conditions on Palestinians, who are witnessing the appropriation of their lands. These issues contribute to changes in the situation on the Palestinian front against the occupation. It cannot be conclusively determined at this moment whether changes will be in favour of Palestinians or not, but it does stir up stagnant waters.

  What challenges do Palestinian voices face in sharing their stories and demands internationally?

  My opinion is that western media – in the USA and Europe – is controlled by Zionist lobbies and manipulate facts and generate disinformation. Israel is also notorious for creating propaganda that serves its interests. Pro-Israel lobbies are so strong that some people fear exclusion in their societies if they voice their concerns about the situation of Palestinians.

  The challenge for Palestinians today lies in reaching a wider global audience. The world is not just Europe and the USA.

  Israel controls communications in occupied Palestine. When its control fails, it resorts to arresting people, and if this also fails it resorts to killing. However, Palestinians continue to convey their message to the world, and the world is beginning to open up to the truth, with part of it fully aware of what is happening in occupied Palestine. It is crucial for people in other societies to engage.

  Global governance institutions should also play an active role in conveying the messages and countering the suffering of Palestinians. The current negligence by the United Nations Security Council, the World Health Organization and the Red Cross is extremely dangerous. It paves the way for a global loss of trust in these institutions.

  What are the conditions for civil society in Palestine?

  Civil society is besieged. For 30 years, the Israeli occupation has undermined the work of CSOs, disabling their role in promoting self-reliant development, political change and an end to the occupation in the West Bank and Gaza. In recent years, the occupation government has become more explicit in suppressing CSOs, directly closing them down, confiscating their assets and arresting their staff.

  The occupation also imposes restrictions on the funding of CSOs. The political conditions on funding imposed by European and particularly US funders have led to the cessation of work by hundreds of CSOs.

  But the real gap arises from the fact that funders have transformed CSOs into an operational sector without linking them to a political horizon. Billions of dollars have been spent on agriculture, infrastructure and water, with little benefit. The Palestinian Authority also believes that CSOs narrow its political space because they are often critical of it too. But the truth is CSOs play a key role in overseeing the effectiveness of economic and social programmes.

  Beyond formal non-governmental organisations, civil society has essentially been destroyed, much like all civic bodies in the occupied Palestinian territories have been destroyed by the occupation. I would like to make clear that I’m speaking about civil society in its broad sense, encompassing various entities such as unions, youth clubs, political parties, collectives and social movements. This has played a crucial role in the retreat of political organisations that the occupation has fought against for decades.

  What international support do Palestinians receive, and what further support do you need?

  Essential sectors such as health, education and agriculture continue to suffer from a severe lack of support. The focus in recent years has been on advocacy and pressure, which is not the primary issue that needs attention to change the political reality.

  Above all, action is needed towards the goal of ending the occupation, by making Israel pay the price through boycotts on the economic, academic, cultural and even diplomatic levels. Israel must also face international courts for committing war crimes.

  How should the Israel-Palestine conflict be addressed?

  With all due respect, the framing of the question is part of the problem. What we are witnessing is not a conflict between states, but the resilience of an entire people against occupiers who have been killing, displacing and oppressing them for decades.

  When the issue is framed correctly, the answers become clearer. The problem lies in the colonial mindset: peace will only come when this is brought to an end. It is possible for Jews, Christians and Muslims to live together here as they did before 1948.

  A long-discussed solution that has not yet achieved any tangible form is the two-state solution with a Palestinian state along the 1967 borders and its capital in East Jerusalem, including the return of refugees and a restoration of their material and moral rights. This could be implemented through global political pressure on Israel, boycotting the occupation until it complies with these conditions.

  But over the years Israel has not even accepted a version of this solution in which Palestinians relinquish more than 75 per cent of their historical land. Which brings us back to the roots of the problem: the colonial displacement of Palestinians from their land. This is what the occupying state seeks, and this what the world, especially free nations, should act against.

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

  Get in touch with Al Marsad through itswebsite orFacebook page, and follow@almarsad_ps on Twitter.

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

• PANAMA: ‘By giving the government the green light to discriminate, the Court has broadened the reach of the LGBTQI+ cause’

  CIVICUS speaks with Iván Chanis Barahona, president of Fundación Iguales, about the situation of LGBTQI+ people and the struggle for equal marriage rights in Panama.

  Fundación Iguales is a Panamanian civil society organisation (CSO) aimed at ending discrimination based on sexual diversity through diagnosis, awareness-raising and human rights advocacy. Taking an intersectional approach, it also promotes the rights of women, Afro-descendant people, older people and other excluded groups.

  What progress has the struggle for LGBTQI+ rights in Panama made since homosexuality was decriminalised in 2008?

  Public opinion has steadily evolved towards an attitude of respect towards LGBTQI+ people. Although there is still a long way to go, especially due to the absence of public policies recognising the rights of the sexually diverse population, the strengthening of a civil society that promotes human rights is a tangible step forward.

  It is important to emphasise that, although homosexuality was decriminalised in 2008, institutional discrimination has persisted, not only in attitudes but also in numerous rules and regulations. For instance, the police's disciplinary regulations include as a very serious offence ‘the practice of homosexuality and lesbianism’. This is as serious a misdemeanour as ‘firing unnecessary shots in a way that harms others’ or ‘physically attacking a colleague or subordinate’. The general regulations for firefighters also codify ‘publicly practising homosexuality (or lesbianism)’ as a very serious offence.

  Likewise, homosexuals are still not allowed to donate blood and there is no law recognising gender identity or banning discrimination based on sexual orientation, gender identity or gender expression. Panama is also one of the few countries in the region without a law for the protection of human rights defenders.

  What was the significance of the Inter-American Commission on Human Rights’ (IACHR) call for the approval of equal marriage in Panama?

  The IACHR’s call came in 2020 in the context of a thematic hearing requested by Fundación Iguales in response to the long delay by Panama’s Supreme Court of Justice in processing the various claims of unconstitutionality of the ban on civil marriage between same-sex couples. The hearing generated many expectations, particularly among same-sex couples who, after years of waiting, had been denied their right to access to justice, and therefore their dignity.

  Fundación Iguales and other LGBTQI+ human rights organisations were able to draw attention to our demands, and the IACHR was categorical in its recommendation that Panama should comply with its Inter-American commitments. But the expectations generated were clearly dashed because the government did not comply with the agreements resulting from the hearing, which included the establishment of a working group between the IACHR and the state to follow up on the demands we expressed at the hearing, and which the IACHR confirmed should be fulfilled within a short period of time.

  How have Panamanian LGBTQI+ organisations, and Fundación Iguales in particular, worked to achieve legal change and overcome cultural resistance?

  In recent years, LGBTQI+ organisations in Panama have grown and increased our advocacy work on various issues and in a variety of spaces, with good results. Collaboration among organisations has been key in addressing cultural resistance to our work.

  At Fundación Iguales we have focused on social work and on supporting litigation around equal marriage claims before the Supreme Court. We make intensive use of the Inter-American human rights system, mainly through thematic hearings at the IACHR and by participating in the General Assembly of the Organization of American States. We also work within the framework of the global human rights system, leading national processes and sending input to bodies such as the United Nations (UN) Human Rights Committee and Committee on Economic, Social and Cultural Rights.

  At the same time, Fundación Iguales has led a national campaign for same-sex civil marriage, Yes I Do, which has been joined by other CSOs such as Convive, Diversa, Hombres Trans and Pride Connection. Companies such as BBDO, Diageo and LLYC, and institutions including the Canadian and UK embassies and the Regional Office for Central America of the Office of the UN High Commissioner for Human Rights, among others, have joined in.

  We have been supporting trans people in the long process to get their names changed for many years, together with the Panamanian Association of Trans People and Trans Men Panama. We have participated and collaborated in the organisation of Pride marches, with a focus on academic and cultural offerings, along with the lesbian feminist organisation the International Coalition of Women and Families.

  Who supports and who opposes LGBTQI+ rights in Panama?

  Those of us in favour are a diverse group that complement each other, strongly supported by our families and by young people overall. There are numerous companies, embassies, international institutions, media outlets, journalists and academic institutions that speak out strongly for Panama to be an inclusive country where LGBTQI+ people are respected and valued. Connections with other minority groups of Panama, such as Afro descendants, consolidate our intersectional message.

  The group opposing our rights is an extreme faction of conservative and religious groups. However, it is important to clarify that many conservative and religious people in Panama are in favour of respect for and non-violence against LGBTQI+ people.

  Unfortunately, many institutions that are supposed to protect us, such as the police and the Supreme Court, have strongly opposed sexual diversity rights. Their arguments are deeply flawed and tend to focus on a very schematic view of the ‘natural’ versus the ‘unnatural’. The Supreme Court shamefully expressed itself along these lines by stating that the primary function of marriage is procreation for the continuation of the species. The conclusions drawn from these arguments are extremely violent and unacceptable in any modern society.

  Why is progress made in the field of public opinion still not reflected in the legal framework?

  There has been very clear progress in the realm of public opinion. For instance, according to polls, the Yes I Do campaign has had a huge impact on Panamanian society: in just three years it shifted the opinions of more than 300,000 people, a huge number for a country of just 4.2 million. That so many non-LGBTQI+ people support our aspiration for a discrimination-free society is a clear sign of change.

  But these positive changes are not reflected in the legal framework due to a lack of political will. Our country has an outdated, populist, ineffective and unethical political leadership. Our leaders haven’t understood that they are dissociated from the changes of our time in terms of the evolution of human rights, international law and the principles of liberal democracy. But change is unstoppable: new generations are clearly adopting pro-rights, pro-diversity and pro-inclusion positions, and it is only a matter of time before they reach key decision-making positions.

  How is the struggle continuing given that the Supreme Court has upheld the constitutionality of the ban on same-sex marriage?

  The struggle will consolidate, reinvent itself and go on. By giving the government the green light to discriminate, in this case against same-sex couples and their right to form a family that is recognised and protected by the state, the Court has made clear its animus towards LGBTQI+ people. No longer can anyone say that discrimination is subtle or imaginary: it has become obvious and obscene to all people, not just to LGBTQI+ people who suffer it directly. The situation has become clearer than ever, which has led to more people engaging in the struggle for LGBTQI+ rights.

  In sum, the Court’s deplorable decision has broadened the reach of the LGBTQI+ cause, and in that sense constitutes a key moment in the move towards shaping the country we want, with a focus on protecting human rights and the environment, combating social and economic inequalities and promoting transparency and the fight against corruption.

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

  Get in touch with Fundación Iguales through itswebsite orFacebook page, and follow@figualespanama on Twitter.

• PERU: ‘Political and social instability has already cost dozens of lives’

  CIVICUS speaks about the political crisis in Peru with Nadia Ramos, CEO of the Women’s Leadership Centre of the Americas and official spokesperson for the Hemispheric Network Somos Lideresas, two organisations that promote women’s leadership and empowerment in Peru and Latin America.

• POLAND: ‘In reaction to conservative backlash, public support for LGBTQI+ rights is on the rise’

  

  CIVICUS speaks about 2023 Pride and Polish LGBTQI+ rights organisations’ response to the conservative backlash against LGBTQI+ rights with Annamaria Linczowska, advocacy and litigation officer at Campaign Against Homophobia (KPH).

  Founded 2001, KPH is a Polish LGBTQI+ civil society organisation (CSO) working to counter violence and discrimination based on sexual orientation and gender identity through political, social and legal advocacy.

   

• SENEGAL: ‘The restriction of civic space remains civil society’s greatest concern’

  CIVICUS speaks with Malick Ndome, senior policy adviser and board member at the Council of Non-Governmental Organisations in Support of Development (CONGAD), about the recent election in Senegal.

  CONGAD was founded in 1982 by civil society organisations (CSOs) working in Senegal to coordinate relations with the state and other partners. CONGAD provides training for CSOs, local authorities and the media. It also advocates for a stronger civil society capable of influencing public policy.

  What was the significance of the victory of opposition candidate Bassirou Diomaye Faye in the recent presidential election?

  Faye’s first-round victory was difficult to predict. However, it is important to recognise the impact of his release from prison, as well as that of Ousmane Sonko, the leader of his party, Senegal’s Patriots (PASTEF), just 10 days before the election.

  Sonko had been barred from standing following a controversial conviction for youth corruption and defamation in 2023. Faye was nominated as a candidate in his place, but was also sent to prison for criticising the court’s decision in the Sonko case. Their release galvanised the support of PASTEF supporters and activists, and young people in general, who appreciated their message of change and their anti-corruption aura. In contrast, there seems to have been a noticeable lack of enthusiasm for the government coalition.

  In addition, there was much speculation and a lot of rumours about President Macky Sall’s lack of support for his party’s presidential candidate, which undoubtedly influenced the electoral landscape.

  Given the circumstances, the clear victory of an opposition candidate has profound implications for the strength of Senegalese democracy. First, it signifies a strengthened commitment to the rule of law, guaranteeing every Senegalese citizen a fair chance of access to the highest office. It also demonstrates the resilience of Senegal’s electoral institutions in the face of challenges. Further, despite persistent concerns about voter turnout, Senegalese citizens demonstrated a commendable level of confidence in electoral processes, underlining their commitment to democratic principles. Voter turnout was 61 per cent.

  This provides an opportunity for a comprehensive review of the electoral law and the electoral code, with a focus on correcting the main shortcomings identified by political stakeholders and civil society. It is imperative to review the role and effectiveness of institutions such as the National Autonomous Electoral Commission in overseeing elections, ensuring that it has the resources and capacity to fulfil its mandate impartially and effectively.

  In sum, while Faye’s victory may have been unexpected, it marks a crucial moment in Senegal’s democratic journey, highlighting both strengths and areas for improvement in its political system.

  Was civic space restricted before the election? What challenges did this pose and what can be expected in the future?

  Significant restrictions were observed in February, when Sall’s announcement of the postponement of the election led to violent demonstrations and deaths. The Constitutional Council’s positive response in favour of holding the election helped ease tensions, leading to the lifting of the suspension of TikTok and the restriction of Facebook, which had an impact on digital industries and small-scale workers in the informal sector.

  The restriction of civic space has been strongly criticised by various groups and people. Under the new government, we expect to see restrictions on civic space lifted, but I can’t prejudge that. It remains a strong demand from civil society and the political arena.

  How did civil society contribute to a free and fair election?

  Civil society’s actions were analysed and perceived differently depending on whether you were in the opposition or the presidential camp. There were many citizens’ initiatives to ensure that the electoral timetable was respected and free and transparent elections were held.

  Civil society initiatives included the setting up of digital platforms to facilitate communication and citizen mobilisation. Civil society formed groups to voice citizens’ concerns and influence political decisions. It organised forums to raise awareness and mobilise the population to ensure the electoral timetable was respected and the election was transparent.

  In addition, civil society organised meetings with presidential candidates to ask them questions and hear their proposals. It also helped to inform the public by publishing press articles and sharing information on electoral issues.

  In addition, civil society interacted with stakeholders in sensitive spheres such as religious leaders to promote a climate of peace and stability during the election period. It also facilitated the hosting and coordination of the local, regional and sub-regional structures responsible for overseeing the election, thus ensuring effective and transparent monitoring of the electoral process.

  What are civil society’s expectations of the new government?

  Civil society has a number of expectations and is advocating several policy measures to protect civic space and human rights and promote good governance.

  According to the information available to me, there has not yet been any formal request from civil society. However, it is clear that the restriction of civic space remains civil society’s greatest concern.

  Among the political measures advocated are the passing of a press code to provide a better framework for the exercise of journalism and the publication of implementing decrees, as well as the revision of article 80 of the Constitution concerning offences against the head of state. Civil society is also calling for the adoption of a law to protect whistleblowers and human rights defenders, as well as the publication of reports by the Court of Audit and the prosecution of offenders.

  Civil society calls for institutional change in the governance of the Supreme Council of the Judiciary, and for the establishment of a financial prosecutor’s office with broad responsibilities.

  Finally, the fight against corruption and for better governance is a major concern for civil society, which hopes that the new government will take effective measures in this direction.

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

  Get in touch with CONGAD through itswebsite.

• SENEGAL: ‘The situation is becoming more tense as we approach the 2024 elections’

  CIVICUS speaks about the deterioration of civic space in the run-up to next year’s elections in Senegal with Sadikh Niass, Secretary General of the African Meeting for the Defence of Human Rights (Rencontre Africaine pour la Défense des Droits de l’Homme,RADDHO), andIba Sarr, Director of Programmes at RADDHO.

  RADDHO is a national civil society organisation (CSO) based in Dakar, Senegal. It works for the protection and promotion of human rights at the national, regional and international levels through research, analysis and advocacy aimed at providing early warning and preventing conflict.

  What are the conditions for civil society in Senegal?

  Senegalese civil society remains very active but faces a number of difficulties linked to the restriction of civic space. It is subjected to many verbal attacks by lobbies close to the government, which consider them to be opponents or promoters of ‘counter-values’ such as homosexuality. It is also confronted with restrictions on freedom of assembly. Civil society works in difficult conditions with few financial and material resources. Human rights organisations receive no financial support from the state.

  The situation is becoming more tense as we approach the February 2024 elections. Since March 2021, the most radical opposition and the government have opted for confrontation. The government is trying to weaken the opposition by reducing it to a minimum. It is particularly targeting the most dynamic opposition group, the Yewi Askan Wi (‘Liberate the People’) coalition, whose main leader, Ousmane Sonko, is currently in detention.

  All opposition demonstrations are systematically banned. Spontaneous demonstrations are violently repressed and result in arrests. The judiciary was instrumentalised to prevent the candidacy of the main opponent to the regime, Sonko, and the main leaders of his party have been arrested.

  In recent years, we have also seen an upsurge in verbal, physical and legal threats against journalists, which is a real setback for the right to freedom of information.

  What will be at stake in the 2024 presidential election?

  With the discovery of oil and gas, Senegal is becoming an attractive destination for investors. Transparent management of these resources remains a challenge in a context marked by an upsurge in terrorist acts. Poverty-stricken populations see this discovery as a means of improving their standard of living. With the breakthrough of the opposition in the 2022 local and legislative elections, we sense that the electorate is increasingly expressing its desire for transparency, justice and improved socio-economic conditions.

  On 3 July 2023, the incumbent president declared that he would not compete in the next elections. This declaration could offer a glimmer of hope for a free and transparent election. But the fact that the state is being tempted to prevent leading opposition figures from running poses a major risk of the country descending into turbulence.

  Civil society remains alert and is working to ensure that the 2024 elections are inclusive, free and transparent. To this end, it has stepped up its efforts to promote dialogue among political players. CSOs are also working through several platforms to support the authorities in organising peaceful elections by monitoring the process before, during and after the poll.

  What triggered the recent demonstrations? What are the protesters’ demands and how has the government responded?

  The recent protests were triggered by Sonko’s sentencing to two years in prison on 1 June 2023. On that day, a court ruled on the so-called ‘Sweet Beauty’ case, in which a young woman working in a massage parlour accused Sonko of raping her and making death threats against her. Sonko was acquitted of the death threats, but the rape charges were reclassified as ‘corruption of youth’.

  This conviction was compounded by Sonko’s arrest on 31 July 2023 and the dissolution of his political party, PASTEF – short for ‘Senegalese African patriots for work, ethics and fraternity’ in French.

  Protesters are driven by the feeling that their leader is being persecuted and that the cases for which he has been convicted only serve to prevent him taking part in the forthcoming elections. Their main demand is the release of their leader and those illegally detained.

  Faced with these demonstrations, the government has opted for repression. The authorities consider that they are facing acts of defiance towards the state and have called on the security forces to use force.

  Repression has resulted in the deaths of more than 30 people and more than 600 injured since March 2021, when the repression first began. In addition to the loss of life and injuries, more than 700 people have been arrested and are languishing in Senegal’s prisons. We have also noted the arrest of journalists, as well as the interruption of television signals and the restriction of some internet services.

  How is Senegalese civil society, including RADDHO, working to defend human rights?

  RADDHO works at the national level to help victims of human rights violations and carries out awareness-raising, human rights education and capacity-building activities.

  RADDHO collaborates with regional and international mechanisms, notably the African Commission on Human and Peoples’ Rights, the African Committee of Experts on the Rights and Welfare of the Child, the African Court on Human and Peoples’ Rights and the United Nations Human Rights Council. To this end, we carry out a number of activities to raise awareness of legal instruments for the protection and promotion of human rights. As an observer member of the African Commission on Human and Peoples’ Rights, we regularly participate in civil society forums during the Commission’s sessions. RADDHO also coordinates the CSO coalition for the follow-up and implementation of the recommendations of the United Nations Universal Periodic Review for Senegal.

  What international support is Senegalese civil society receiving and what additional support would it need?

  To fulfil their missions, Senegalese CSOs receive support from international institutions such as the European Union, the bilateral cooperation agencies of the USA and Sweden, USAID and SIDA, and organisations and foundations such as Oxfam NOVIB in the Netherlands, NED in the United States, NID in India and the Ford Foundation, among others. However, because Senegal has long been considered a stable country, support remains insufficient.

  Given the growing restrictions on civic space of recent years and the political crisis, civil society needs support to better assist victims of human rights violations, to contribute to the emergence of a genuine human rights culture and to work towards widening civic space and strengthening the rule of law, democracy and good governance.

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

  Get in touch with RADDHOthrough itswebsite orFacebook page, and follow@Raddho_Africa on Twitter.

• SIERRA LEONE: ‘We advocate for a civic space where people can protest with no risks’

  CIVICUS speaks about recent protests in Sierra Leone with Andrew Lavali, Executive Director of the Institute for Governance Reform, a civil society organisation (CSO) that advocates for good governance in Sierra Leone.

  What triggered the recent protests in Sierra Leone?

  Sierra Leone has many underlying issues that have greatly contributed to the recent protests. First, political polarisation has grown tremendously since the change of power in 2018. Fights over limited public sector jobs have made politics a zero-sum game.

  For the past 15 years we have seen this happen as groups in power try to appease their support bases by employing people from a certain region, who then risk losing their jobs when the government changes. To an extent, preaching hate and stoking polarisation have become a political strategy used by parties to either stay in power or propel themselves to leadership.

  It appears the opposition party has not fully embraced the result of the 2018 election and it may have fuelled the protests, judging by the fact that these broke out only in areas where the opposition have a strong presence and not throughout the country. The fact that protests are focused in certain places makes one to think that they are not just about socio-economic issues but there are also underlying political issues.

  At the same time, there are genuine concerns about economic hardship. COVID-19 restrictions and the Russian-Ukraine war have resulted in rising prices of essential commodities, especially for people living in urban areas. Socio-economic issues such as high youth unemployment and poor access to essential services are real problems. Protesters are demanding the president’s resignation due to the economic hardship they are experiencing.

  How have the authorities responded?

  During the protests both civilians and police officers were attacked, and some were killed, revealing an ongoing tension between citizens and the police. Evidence shows that the protests were in no way peaceful. They were leaderless and faceless. Some Sierra Leoneans living abroad used social media to call for protest. According to the police, they only heard about the protest on social media. They did not receive any official request from an identifiable person for police clearance.

  As soon as the violence erupted and the situation became unsafe for those not protesting, the government imposed a curfew. There were also internet restrictions imposed because protesters were coordinating their actions via social media platforms. Security presence on the streets has increased since then. These measures helped to scale down the violence and improve safety and security.

  The government also responded by making arrests. A leading youth activist in an opposition area was killed during a police raid. The response raised concerns about how police are trained to handle protests. The police have not sat down with interest groups to see how future protests can be organised. There are legitimate fears that given Sierra Leone’s recent history of violence, high youth unemployment and economic hardship, protests can easily get out of control and become very difficult to handle.

  Do you think the response will deter people from protesting?

  People will certainly be timid for a while, but I don’t think the police response will stop them mobilising in the long run. There are too many issues citizens want the government to address and if it fails to do so, protests will inevitably keep breaking out. Regardless of protests being instrumentalised for political purposes, there is a general situation of hardship that needs to be addressed. As civil society we will continue to monitor the situation and try to bring citizen voices into policy conversations.

  Protest restriction has a long history in Sierra Leone. For the past 15 years police have failed to grant permission to protest. This strained relationship with the police has culminated in a case against the police being brought to the Supreme Court by civil society. Civil society is currently documenting the events that are taking place and will then get together to discuss the situation and try to find a way to advocate for more open civic space in which people can protest without risking their lives.

  What assistance is needed from the international community?

  We need the international community to help us promote democracy, the rule of law and effective governance. International allies should support open platforms for dialogue between the police and various interest groups on the rights and responsibilities of protesters and the role of the police in securing their rights. The international community could help CSOs create awareness and provide training so that the security forces will protect the rights of citizens to exercise their right to protest safely.

  Civic space in Sierra Leone is rated ‘obstructed’ by theCIVICUS Monitor. 
  Get in touch with the Institute for Government Reform through itswebsite or itsFacebook page, and follow@GovernanceFor on Twitter.