human rights
-
IRAN: ‘The regime is executing protesters to create fear and suppress any attempt at new mobilisation’
CIVICUS speaks aboutthe ongoing wave of executions in Iranwith Asal Abasian, an Iranian journalist and queer feminist activist. After receiving serious threats, Asal fled Iran for Turkey in 2021. They’re currently based in Paris, France.How has repression escalated since the 2022 protests?
Repression by the regime of the Islamic Republic has escalated with executions of protesters, aimed at creating fear to suppress any attempt at new mobilisations such as the Woman, Life, Freedom nationwide protests triggered by Mahsa Amini’s death.
Recently, four young Kurds from the western provinces of Iran were hanged on unproven charges of cooperation with the Komala Party of Iranian Kurdistan. Their families demanded a pardon until the last moment, but their requests went unheard.
The Islamic Republic has always been at odds with ethnic minorities. Forty-five years since the Islamic Revolution, this conflict is as alive as on the first day. If anything, it has become worse.
Of course, the death threat that comes with ramping up executions is not directed only at ethnic minorities. Every excluded group in Iran is under threat. The regime founded after the 1979 Islamic revolution was grounded on the aim of protecting the interests of Shia Muslim men. This means that everyone except Shia Muslim men is oppressed by design. This includes all women and LGBTQI+ people and sexual minorities, children and religious and ethnic minorities.
Throughout 45 years there have been several spikes in executions of people from minority groups as well as political activists opposing the Islamic Republic. This trend has been ongoing from the onset, and it was even worse at the beginning. In the first decade of the Islamic Republic thousands of young dissidents were secretly executed or shot.
On top of this, ethnic and religious minorities such as Bahais, Balochs, Kurds and Sunni Arabs experience daily discrimination and marginalisation, which sometimes cost people their lives.
Additionally, the regime of the Islamic Republic supports Hamas and other terrorist Islamic groups and has no qualms about it. It laments the killing of children in Gaza while it has killed so many during the protests that erupted in Iran in September 2022. But ideologies shouldn’t matter: the massacre of children by any regime or group is a despicable act.
Is there any space for civil society to operate in Iran?
Young people in Iran continue resisting, despite the severe economic pressure and the suppression of activism. Even if this involves making sacrifices in their careers, education or social lives, young women continue defying the mandatory hijab. Nationwide protests may have decreased, but young people continue resisting the arbitrary and inhumane laws of the Islamic Republic.
The struggle continues under the surface. Although the Islamic Republic and its Islamic Revolutionary Guard Corps severely suppress any attempt at a protest, people have not stopped fighting. The fact that they continue embracing civil resistance despite the potentially serious costs is very encouraging.
Many of our fighters, whom I would like to mention, are in Tehran’s Evin prison with long sentences. Sarvenaz Ahmadi, Anisha Asadollahi, Keyvan Mohtadi, Sepideh Rashnu, Nasim Soltanbeygi and many others are in the frontlines of this struggle, spending the years of their youth in prison. And what cost would be higher than paying with years of your life?
I try to support their struggle by raising awareness on international platforms and amplifying their voices. But the main struggle is being carried on by young Iranians in Iran. From afar, we can only admire their struggles and broadcast them to the world.
How has the international community reacted to the escalation of repression in Iran?
Unfortunately, the international community has maintained a shameful silence and indifference. As people were being executed, the 2023 Nobel Peace Prize winner, Narges Mohammadi, and several other civil activists wrote to the United Nations (UN) on the human rights crisis that Iranians face. And still, UN Deputy High Commissioner for Human Rights Nada Al-Nashif recently travelled to Iran despite activists warning that this could be used as propaganda by the government.
The Iranian people will not forget the indifference and self-interest of the international community. This is as much of a historical disgrace as the silence in the face of the crimes that are being committed in Gaza.
Many members of the international community are perhaps more involved in domestic and regional interests, and it seems that, contrary to their proclaimed slogans, they are not really concerned about genocide, the killing of children and people’s oppression. This is very unfortunate.
We neither forgive nor forget.
Civic space in Iran is rated ‘closed’ by theCIVICUS Monitor.
-
IRAN: ‘The regime uses executions to maintain its grip on power through fear and intimidation’
CIVICUS speaks with Jasmin Ramsey, Deputy Director of the Center for Human Rights in Iran (CHRI), about the ongoing wave of executions as part of the Iranian regime’s effort to suppress dissent and discourage further protests.
Founded in 2008, CHRI is an independent civil society organisation that works to protect and promote human rights in Iran. Headquartered in New York, it researches and documents human rights violations throughout Iran, and provides governments, the United Nations, think tanks, global media and research centres around the world with detailed information, analysis and policy recommendations. CHRI’s approach is strictly nonpartisan, operating within the framework of international human rights law.
What has led to the current wave of executions in Iran?
Executions in Iran are not just a pillar of the founding of the Islamic Republic, but a ruthless tool wielded by the regime to maintain its grip on power through fear and intimidation. Although the vast majority of the more than 834 people who were hanged in Iran in 2023 were accused of drug offences or other non-political activities, the increase in executions after the protests, and the growing number of political prisoners among those executed in recent years, underscore the regime’s desperation to crush dissent. It is determined to prevent the emergence of another grassroots movement such as the Woman, Life, Freedom protests triggered by the September 2022 killing of Mahsa Amini at the hands of the morality police.
This wave of state-sanctioned killings has galvanised civil society to unite in condemnation. Women prisoners of conscience, in particular, have shown remarkable resilience, leading calls against the death penalty among Iranian civil society through joint statements and hunger strikes.
Iranian civil society is uniting to demand not just a cessation of executions, but the abolition of the death penalty. No matter how much the regime uses force and violence, it has failed to quell the desire for fundamental and systemic change in Iran. At every turn, society is pushing back against state policies that are repressive and discordant with the desires and beliefs of much of the population.
Alongside increasing executions, how else has the regime reacted to the protests?
Repression in various forms has escalated significantly since the emergence of the Woman, Life, Freedom movement in 2022, manifesting in various forms such as increased arrests and detentions of peaceful activists and family members seeking justice for victims of state violence.
The government is also pushing for a law to impose harsher penalties on women appearing in public without the mandated hijab. This proposed law burdens citizens, encourages vigilante violence and increases women’s vulnerability to abuse through increased surveillance and state security forces deployed on the streets.
Is there any space for civil society in Iran?
While technically there might some room for civil society to operate in Iran, as established in legislation, the reality is starkly different. Article 27 of Iran’s constitution allows for public gatherings and marches under some conditions, but protests critical of the state are swiftly suppressed, often with violence. Fundamental rights such as freedoms of speech, expression and the press are severely curtailed, and peaceful activism is often treated as a threat to national security.
Despite these challenges, activists and citizens persist in reclaiming their rights, using a variety of methods such as social media posts, prison letters and acts of civil disobedience, like women defying the state’s forced hijab law by walking the streets unveiled. Despite facing repression and economic hardships exacerbated by governmental corruption and sanctions, their determination remains strong.
I am grateful to be doing this work in a place of safety, where, at least for now, I am shielded from the dangers faced by activists in Iran. I consider myself fortunate to learn from the courageous Iranians, especially women, who persist and resist despite immense risks. CHRI’s mission is to amplify their voices and advocate for civil society’s demands internationally, a task that comes with its own set of challenges. However, these challenges pale in comparison to the dangers faced by those on the frontlines in Iran.
What should international allies do to support the struggle for freedoms in Iran?
During the initial surge of the Woman, Life, Freedom movement, there was a heightened international focus on the events unfolding in Iran. This sparked hope for more substantial action from governments with influence over the Islamic Republic. At that time, we outlined steps for the international community to pressure Iran to cease its violent crackdown on protests.
Among our recommendations, we emphasised the need for governments that have diplomatic relations with the Islamic Republic to recall their ambassadors in protest against the killing of protesters and hanging of prisoners. We asked them to summon Iran’s diplomats to communicate directly their outrage and warn that further costs and isolation would ensue unless the Iranian authorities halted executions, annulled death sentences, ceased torture under custody, released prisoners and respected due process for those accused.
We urged the international community to designate the Islamic Revolutionary Guard Corps as a terrorist organisation and impose or expand human rights sanctions against Iranian officials and entities associated with rights violations and freeze the assets of officials who violated human rights, including Supreme Leader Ayatollah Ali Khamenei, and many more.
We also asked parliamentarians around the world to sponsor individual political prisoners, particularly those facing execution, to publicise their cases and the unjust nature of their prosecution or sentences and publicly demand their safety and release, both on the international stage and directly with Iranian ambassadors and other Islamic Republic officials.
Additionally, we urged states to suspend negotiations over Iran’s nuclear deal, which could provide increased revenue to the Iranian state and therefore increase its repressive capacity. We demanded it be expelled for multilateral bodies and various international platforms and associations, particularly those whose principles it blatantly violates. We also asked governments to support the United Nations (UN) Fact-Finding Mission on Iran and assist those fleeing Islamic Republic persecution, and asked tech companies to support safe digital communications for the Iranian people.
This roadmap remains relevant today. It is crucial for international allies to rally behind the UN’s independent international Fact-Finding Mission, tasked with investigating atrocities committed by the regime since the onset of the violent repression of the protests in September 2022. As the Fact-Finding Mission presents its first report to the UN Human Rights Council in mid-March, a united, multilateral approach to supporting its mandate is essential for holding the Iranian government accountable and advancing the struggle for justice and human rights in Iran.
Civic space in Iran is rated ‘closed’ by theCIVICUS Monitor.
Get in touch with CHRI through itswebsite orFacebook page, and follow@ICHRI onTwitter and@centerforhumanrights onInstagram.
-
IRAN: ‘The severity of the crackdown only shows how scared the regime is of the protest movement’
CIVICUS speaks with Sohrab Razaghi, executive director of Volunteer Activists (VA), about the situation in Iran on the anniversary of the anti-regime protests sparked by the death of Mahsa Amini at the hands of morality police.VA is an independent civil society organisation (CSO) based in the Netherlands, whose primary aims are building capacity among activists and CSOs, facilitating information exchange among civil society activists, community peacebuilding and advocating for the expansion of democracy and human rights in Iran and more generally in the Middle East. VA is the successor of a pioneer Iranian CSO, the Iranian Civil Society, Training and Research Centre, founded in 2001 and based in Tehran until 2007.
What is the situation in Iran one year on from the start of the protest wave?
The situation in Iran is complex. While last year’s massive protests made people hope for change, the crackdown on the protests caused hopelessness. The authorities were mostly able to suppress the protests and regain control of the streets, forcing people back into their homes.
Moreover, while the ‘Women, Life, Freedom’ protest movement had an appealing chant and vision, it lacked a long-term plan that could lead to change. Over the past year, it has been unable to translate its slogan into a political programme and was therefore unable to mobilise other social and political forces around its goals.
But despite the authorities’ success in regaining control, we have continued to see acts of civil disobedience across Iran. Activists, artists and academics express themselves through social media and make public displays of protest not wearing hijab. The fact that the voices of protesters have not been silenced sustains hope for change.
A concerning development, however, is the increasing gap between established civil society and the protest movement. CSOs were hesitant to participate in the protests when they began, and this gap has only increased since. There is even a lack of a common vocabulary in calling for mobilisation and articulating demands. Established CSOs disagree with what they view as radical moves by the protest movement, as they have a more conservative view of society and the future. A possible explanation for this divergence may be the generation gap, as the protest movement is formed by much younger activists.
To reassert control, the authorities have imposed stricter control over media, universities, unions and other associations. In essence, civic space has shrunk dramatically over the past year, with the authorities purging most sectors of everyone who disagrees with them.
Internationally there was a huge wave of support for the protest movement from governments, civil society and media, particularly early on. This was extremely helpful for echoing the voices of Iranian protesters and pressuring the authorities to meet their demands. But as the authorities regained control of the streets, we have seen a change in the approach of western governments. They are returning to diplomacy and negotiations with Iran, slowly normalising their relations. This has boosted the Iranian regime’s confidence, re-legitimising it and giving it space to spread its propaganda.
What tactics has the government used to limit further mobilisation?
The number one tactic of the regime to crack down on protests has been to arrest protesters. Over the past year, thousands have been arrested, including over 20,000 who were arrested during the protests. Some have been given long jail sentences.
The second tactic has been the prevention of organising and networking. Even small communities have been actively prevented from getting together. Online networking has been limited by censorship, filtering and hacking. Leaders and activists trying to establish any form of group are arrested and their work is disrupted. They threaten activists with jail and even death. They also target their personal life by demanding that they be fired or suspended from work or university. Many teachers and professors who supported the protest movement have been fired and students expelled.
To reach those who may not have joined the protest yet, the authorities spread propaganda, fake news and conspiracy theories that delegitimise the protest movement. Some communities fear the protest movement as a result.
To prevent the development of a political alternative to the regime, the authorities have targeted the opposition within and outside Iran. Their main aim seems to be to sow division among opposition groups and force them to deal with issues internal to the opposition movement instead of focusing on developing an alternative coalition. Iranian cyber forces have supported these efforts through hacking and social media manipulation.
What forms has resistance taken in response?
Iranian activists have pursued two strategies in response. First, the protest movement sought to widen its scope to increase its resilience. By mobilising excluded ethnic groups such as Baloch and Kurdish people, the protest movement expanded to more cities and communities, making the crackdown more difficult. Second, the protest movement tried to stay on the streets for as long as possible, hoping to create division among crackdown forces.
Internationally, the movement’s main strategy was to try to isolate the regime by forcing the severance of as many diplomatic connections as possible. For example, it successfully advocated for Iran to be removed from the United Nations Commission on the Status of Women and it also sought to force the closure of Iranian embassies in western states.
How have Iranian organisations from the diaspora or in exile supported the protest movement in Iran?
We have observed two phases in the involvement of the diaspora and exiled Iranian organisations in the protest movement. In the first phase, they organised large-scale solidarity mobilisations and projects in support of the ‘Women, Life, Freedom’ protests in Iran. Over 80,000 Iranians from the diaspora participated in the solidarity protest in Berlin in Germany, for example.
After this initial phase, however, each political group in exile tried to present itself as the leader of the protest movement. This broke the solidarity and unity of the movement. Instead of fighting against the regime, some diaspora groups mostly fought each other. Independent activists and organisations in the diaspora that didn’t want to be caught in this fight decreased their involvement. For the protest movement to succeed, opposition groups and political movements need to get better at resolving their conflicts, reaching compromises and building a unified anti-regime coalition.
Has the crackdown intensified as the first anniversary approaches?
Civil society activists have continued to be arrested and organisations put under pressure and shut down. But as the first anniversary approaches, we are seeing repression increase, particularly in universities and among journalists. Universities have recently fired more lecturers and professors and expelled more students who participated in last year’s protests. Student associations have been shut down long ago and any form of student organising is banned.
Journalists are also being heavily repressed. The authorities are disrupting reporting and coverage of protest actions and calls for protests around 16 September. They are threatening and arresting journalists, prosecuting them and handing them heavy sentences.
Independent lawyers, who have been instrumental in supporting arrested and imprisoned activists, are also being threatened. Lawyers have played key roles in defending activists in court and spreading information about their trials, informing the public on the authorities’ repression. As a result, they are being threatened with losing their licences or being arrested.
Is Iran closer to change now than a year ago?
I think we are multiple steps closer to change than before. Iranians are less scared of the consequences of their activism. They dare to take action against the regime. The voice of protest is louder and the severity of the crackdown only shows how scared the regime is of the protest movement. The regime understands it won’t be easy to shut down this protest movement, which threatens the legitimacy and therefore the existence of the regime.
We also see a major lifestyle change. People on the streets are now dressed differently and are less afraid of showing their lifestyle in public. Although political change is minimal, cultural change following last year’s protests is clearly visible. This change shouldn’t be underestimated.
What needs to happen for political change to take place?
Iranians need to realise the power of being together. Change comes from power, and power comes from organising and acting together. To bring about change, we need social power and to create social power, organising is essential. By forming associations, organisations and networks, Iranians can demand and achieve change.
For this to happen, three types of changes are required. First is a change in attitude. Iranian activists need to think positively and constructively instead of negatively and destructively. Second is a change in behaviour. We will only achieve democracy if we also act democratically and use democratic tools. This means avoiding any form of violence and understanding that democracy does not rise from bloodshed and fire. Third is a change in context. It is key to empower society to say no and resist the regime.
The international community could support change by helping to increase the resilience of the social movement and its activists, both online and offline. The pursuit of meaningful and sustainable change is a marathon and it’s instrumental to echo the voices of activists and provide sustainable support. A coalition of international civil society organisations could help by providing strategic support to Iranian activists.
Civic space in Iran is rated ‘closed’ by theCIVICUS Monitor.
Get in touch with Volunteer Activists through itswebsite.
-
IRAN: ‘Women and queer people are at the forefront of the struggle against religious despotism’
CIVICUS speaks with Asal Abasian about their experiences as a queer and feminist activist in Iran and in exile.
Asal is an Iranian journalist and queer feminist activist. After receiving threats, they fled Iran in 2021. They first stayed in Turkey, where they freelanced with various foreign-based Persian language media outlets and Turkish media. They’re currently based in Paris, France. In Iran, same-sex relations are illegal and LGBTQI+ people can face the death penalty.
What was your life like in Iran and why did you leave?
My experience in Iran was challenging, uncomfortable and at times traumatic. However, my work as a cultural journalist focused on creativity, opening up new spaces that could escape the overt repression of traditional religious anti-queer social norms, showcasing diversity and expressions of transgression.
Navigating this was challenging because the editorial world was a closed, misogynistic, male-dominated work environment, and because the state constantly monitored our actions. Despite these obstacles, the medium of culture, which I mainly covered, allowed for a certain degree of freedom.
On a personal level, I embodied this challenge by pushing against the norms and visibly wearing my queer identity even in uncomfortable situations. Living in Iran as a queer person is difficult. If a same-sex relationship is exposed, it is punishable by death. Same-sex marriage is a distant dream. There’s a long way to go for the realisation of freedom for the queer community in Iran. Even if a queer person has a progressive and supportive family, the laws are against them and society is strongly queerphobic.
Have you found safety in exile?
Unfortunately, misogyny and homophobia exist everywhere. However, at least in a western country I have no fear of being arrested and imprisoned for my journalism or queer identity.
But discrimination is a universal problem. In France, of course, homophobia is not as intense as in Iran and the Middle East because of protective laws, but it still exists. There are reactionary and dogmatic people everywhere, and I believe this oppression, with varying degrees of intensity, is universal.
Living as an immigrant in the west, you can experience the intersection of oppression. Sometimes the treatment of immigrants, especially queer immigrants, is filled with violence and devoid of empathy and kindness. It seems the system is set up in such a way that immigrants are constantly discouraged from their journey and pushed back.
Has the situation in Iran changed since you left?
Sadly, the situation has not improved. But after the Woman, Life, Freedom movement triggered by the murder of Mahsa Jina Amini by the morality police in September 2022, women and the queer community have found more courage to fight against patriarchy and religious despotism.
Women and queer people are at the forefront of this struggle. Change hasn’t come from the regime, but from people’s resistance against its oppression and tyranny. The fact that women are now at the forefront of civil struggles in Iran is very encouraging because no oppressive force can deter or push them back from their goal of freedom.
However, the situation could be improved by spreading the ideas of inclusivity, equality and dignity through public education and cultural development. Much education takes place in schools, and much is also the responsibility of the media and the free flow of information. This is something we aspire to realise in countries like Afghanistan and Iran.
What does Pride Month mean to you? Do you see a future where it could happen in Iran?
Pride Month reminds me of the long and arduous journey of the queer movement up to this day. The fight against discrimination and oppression is a legacy we, the queer community, are proud of.
As a member of the queer community in Iran, I hope for a day when Pride marches take place in the cities of Iran, and queer people can express their identities with pride, freely and without fear.
But we are still a long way from that day. The problem is that the Islamic regime represents a segment of Iranian society. Part of society is very conservative and reactionary, making the possibility of change towards freedom and a safe space for queer people almost impossible. However, we remain hopeful and continue to fight for that day to come.
Civic space in Iran is rated ‘closed’ by theCIVICUS Monitor.
-
Iran: the UN must establish a fact-finding mission to ensure accountability and stop gross human rights violations.
UN Human Rights Council – 35th Special Session on Iran
Delivered by Nicola Paccamiccio
Thank you, Mr. President.
I deliver this statement on behalf of the OMCT, Volunteer Activists and CIVICUS.
Iran’s brutal crackdown against peaceful protesters continues unabated. Since 22-year-old Mahsa Amini died in the custody of the “morality” police in September 2022 for allegedly violating the discriminatory and abusive compulsory veiling laws, more than 14000 protesters, journalists, students including school children and human rights defenders have been arrested. Family members of human rights defenders are being threatened and their houses raided.
Human rights groups report that at least 416 people including 51 children and 27 women have been killed by security forces as they use live ammunition and metal pellets to violently disperse protesters and target bystanders. As the protests continue, the Iranian authorities have deployed special forces and Islamic Revolutionary Guard corps units, armed with military assault rifles and armored vehicles. Since 15 November, Iran has increasingly been using excessive force in areas predominantly populated by Kurds and other ethnic groups.
Those detained are kept in overcrowded spaces. Many are tortured, subjected to physical assaults, electric shocks, threats, and sexual harassment. Many of those arrested have been subjected to judicial persecution and forced to make confessions. As of 21 November 2022, death sentences were handed to at least 6 protesters on charges of corruption on earth and enmity against God. The authorities are currently seeking the death penalty for at least 21 others associated with the protests.
In addition, the authorities continue to arrest lawyers representing protesters and activists. For example, in late September, human rights lawyers Milad Panahipour and Saeed Jalilian were arrested at Evin Court and detained for representing activist Hossein Ronaghi.
We call on the Council to create a fact-finding mission to investigate the deadly crackdown on protests as a first step towards accountability.
We thank you.
Civic space in the Iran is rated as 'Closed' by the CIVICUS Monitor
-
IRAQ: ‘Tolerance for abuses against LGBTQI+ people has now been made explicit through legislation’
CIVICUS discusses the criminalisation of same-sex relations in Iraq with Sarah Sanbar, researcher at Human Rights Watch’s Middle East and North Africa division.The Iraqi parliament recently passed a law criminalising LGBTQI+ people, punishing same-sex relations with between 10 and 15 years in prison and transgender identities with sentences of one to three years. The original proposal included even harsher penalties, but lawmakers introduced amendments in response to strong criticism. Supporters claim the law upholds deeply held religious values, while critics condemn it for institutionalising discrimination and enabling serious human rights abuses.
What led to recent legislative changes criminalising LGBTQI+ people?
On 27 April 2024, the Iraqi parliament passed an amendment to the country’s 1988 anti-prostitution law, effectively criminalising same-sex relations and transgender identities. The amendment states that same-sex relations are punishable with between 10 and 15 years in prison, and provides for one to three years’ imprisonment for those who undergo or perform gender-affirming medical procedures.
The law also punishes those who ‘imitate women’ with a seven-year prison sentence and a fine of between 10 and 15 million Iraqi dinars (approx. US$7,700 to US$11,500) and criminalises the ‘promotion of homosexuality’, a vague and undefined expression.
The passing of this law follows years of steadily increasing hostile rhetoric against LGBTQI+ people. Prominent politicians and media personalities have consistently spread harmful stereotypes, tropes and disinformation. They often claim homosexuality is a western import that goes against traditional Iraqi values.
This rhetoric has increasingly translated into government action. For example, on 8 August 2023, the Communications and Media Commission issued a directive ordering all media outlets to replace the term ‘homosexuality’ with ‘sexual deviance’ in all published and broadcast language. The directive also banned the use of the word ‘gender’, which shows how the crackdown on LGBTQI+ rights is intertwined with broader issues, and is also used to target and silence women’s rights organisations working on gender-based violence.
Sadly, as in many other countries, LGBTQI+ people in Iraq are being used as political pawns and scapegoats to distract from the government’s failure to provide for its people. Tensions are growing between the more conservative and religious groups in society and government and those that take a more secular approach to governance. The fact that conservatives have gained increasing support in successive elections allows laws like this to be passed. Such a law probably wouldn’t have been passed even a few years ago.
What’s the situation of LGBTQI+ people in Iraq, and how do you expect it to change?
The situation of LGBTQI+ people is extremely unsafe. Threats to their physical safety, including harassment, assault, arbitrary detention, kidnappings and killings, come from society at large – including family and community members as well as strangers – and from armed groups and state personnel. Human Rights Watch has documented cases of abductions, rape, torture and killings by armed groups. Impunity is widespread, and the government’s failure to hold perpetrators accountable sends the message that this violence is acceptable.
With the passage of the new law, the already dire situation is expected to worsen. Tolerance for abuses has now been made explicit through legislation. As a result, an increase in violence is to be expected, along with an increase in the number of LGBTQI+ Iraqis fleeing the country to seek safety elsewhere. Unfortunately, it is becoming even harder for LGBTQI+ Iraqis to ensure their physical safety in the country, let alone lead fulfilling lives, find love, make friends and build links with others in their community.
What are the challenges facing Iraqi LGBTQI+ rights organisations?
The space for LGBTQI+ organisations in Iraq has long been extremely limited. For example, in May 2023, a court in the Kurdistan Region ordered the closure of Rasan, one of the few groups willing to publicly advocate for LGBTQI+ rights in the region. The reason the court gave for its closure was its activities ‘in the field of homosexuality’, and one piece of evidence cited was its use of rainbow colours in its logo.
Organisations such as Rasan have previously been targeted under vaguely worded morality and public indecency laws that restrict freedom of expression. By criminalising the ‘promotion of homosexuality’, the new law makes the work of LGBTQI+ organisations even more dangerous. Any action in support of LGBTQI+ rights could be perceived as ‘promoting homosexuality’, which could lead to activities being banned or organisations being shut down. It will be almost impossible for LGBTQI+ rights organisations to operate openly.
In addition, all civil society organisations in Iraq must register with the Directorate of NGOs, a process that includes submitting bylaws, lists of activities and sources of funding. But now, it is essentially impossible for LGBTQI+ organisations to operate transparently, because they can’t openly state their intention to support LGBTQI+ people without risking closure or prosecution. This leaves two options: stop working, or operate clandestinely with the risk of arrest hanging over them.
Given the restrictive legal and social environment, many organisations operate from abroad. IraQueer, one of the most prominent LGBTQI+ advocacy groups, is based in Sweden.
But despite the challenges, LGBTQI+ organisations continue to advocate for LGBTQI+ rights, help people fleeing persecution and work with foreign governments to put pressure on Iraq to roll back discriminatory policies. And they have made significant achievements, facilitating the safe passage of people fleeing persecution and broadening coalitions to advocate for LGBTQI+ rights internationally. Their perseverance in the face of adversity is inspiring.
What international support do local LGBTQI+ groups need?
Global organisations should use their capacity to sound the alarm and advocate for the repeal of the new law and the reversal of other discriminatory measures, and for impunity for violence against LGBTQI+ people in Iraq to be addressed.
An effective strategy could be to focus on human rights violations. Equal protection from violence and equal access to justice are required under international law, including the International Covenant on Civil and Political Rights and the Arab Charter on Human Rights, both of which Iraq has signed. Advocacy for LGBTQI+ rights as human rights can put greater pressure on the Iraqi government to fulfil its obligations.
It’s also essential to provide resources and support to local organisations in Iraq and in host countries where LGBTQI+ Iraqis seek refuge, to ensure people have access to basic needs and community support, and can live full lives without fear.
Civic space in Iraq is rated ‘closed’ by theCIVICUS Monitor.
Get in touch with Human Rights Watch through itswebsite, and follow@hrw and@SarahSanbar on Twitter.
-
Iraq: Over 700 people killed and 2800 arrested since protests started in October
Statement at the 43rd Session of the UN Human Rights Council
Iraq's adoption of Universal Periodic Review on Human Rights
Watch us deliver our statement belowDuring the 2nd Universal Periodic Review cycle, the Government of Iraq received eight recommendations relating to civic space. Of these recommendations, seven were accepted and one was noted, but our analysis indicates that none of the recommendations have been implemented. During this cycle, Iraq accepted a number of recommendations relating to civic space, including recommendations to “guarantee freedom of expression and opinion by protecting the action of journalists, media professionals and human rights defenders from all use of violence and threats by security forces” and to “guarantee the rights to freedom of expression, association and assembly in law and practice.”
Iraq has severely restricted the right to freedom of expression, by detaining, intimidating and failing to bring to account the extra-judicial killings of journalists. Journalist Nizar Dhanoun was assassinated on 11 February 2020. Alaa Al-Shammari, a reporter for Dijla Satellite TV in the city of Najaf, was severely beaten by riot police on 26 November 2019. The station’s office in Baghdad was later closed and its private broadcasting equipment confiscated. Countless other cases of intimidation have been reported.
Protests that started 1 October 2019 and focused on high levels of corruption, unemployment and poor service delivery, have been met with widescale arrests and a violent crackdown by authorities on protestors. Reports indicate that almost 700 people have been killed during the protests and over 2,800 arrested. Iraq has failed to hold to account those responsible for the deaths of protestors and journalists, nor has it amended the legal frameworks that further restricts civic space. The penal code curtails freedom of assembly, including through its 2003 Provisional Order 19 which includes a requirement to submit the names and addresses of protestors 24 hours in advance.
For this reason, Madame President, we urge the Government of Iraq to amend the legal framework currently restricting civic space, immediately and unconditionally release all protestors, and bring to justice those responsible for the extra-judicial killing of protesters and journalists in Iraq.
Civic space in Iraq is currently rated as Repressed by the CIVICUS Monitor
See civil society recommendations that were submitted to the UN Human Rights Council about the conditions of human rights in Iraq.
-
Irom Sharmila
Irom Sharmila
Name: Irom Sharmila
Location: India
Reason Behind Bars:
Irom has been on a hunger strike since 2000 to highlight persistent human rights abuses committed by Indian security forces under the Armed Forces Special Powers Act of 1958 (AFSPA). Under Section 4 (A) of the law, security forces involved in counter-insurgency operations in “disturbed areas” are given the authority to arrest, detain and even use lethal force against persons suspected of being a threat to “public order.” Of critical concern is section 6(A) of the law which prohibits courts from holding security officials accountable for their human rights abuses without prior government approval. The law is regularly invoked to forcefully suppress public demonstrations, particularly in insurgency affected areas, including the states of Jammu and Kashmir and Manipur. Justice Jeevan Reddy Committee, a committee founded in 2004 by the government of India to review AFSPA, recommended that the law should be amended as it institutionalizes abuse, repression and discrimination.
On 2 November 2000, members of the Assam Rifles, one of India’s oldest paramilitary forces, allegedly shot and killed 10 people at a bus stop in Imphal Valley, Manipur. However, despite accusations that the shooting constituted extrajudicial executions the Indian authorities refused to investigate the incident, concluding that it was within the mandate of AFSPA. In protest of the government’s failure to investigate the incident, Irom decided to indefinitely prolong her traditional Thursday fasts, which she has been carrying out since childhood, to demand the repeal of AFSPA.
On 5 November 2000, Irom was arrested by the Indian police under Section 309 of the Indian Penal Code which criminalizes attempts to commit suicide. Section 309 prescribes 1 year in prison to “whoever attempts to commit suicide and does any act towards the commission of such offence”. Every year since 2000, Irom has been re- arrested and charged under the law and forced fed in detention.
On 20 August 2014, the District and Sessions Judge of Imphal East released Irom stating that refusing food and water doesn’t constitute attempted suicide. However, despite the court ruling, on 22 August 2014, Irom was forcefully re-arrested by the Superintendent of Police (SP) of Imphal East and taken to Jawaharlal Nehru Institute of Medical Sciences (JNIMS) to be force fed through her nose. Directly preceding her arrest, Irom was staging a peaceful hunger strike a kilometre away from a government hospital where she has been imprisoned for the past year. The government’s relentless judicial persecution of Irom is based solely on her independent activism and represents a severe breach of her basic civil rights. Irom must be immediately and unconditionally released.
For more information:
Frontline Defenders: Human rights defender Ms Irom Chanu Sharmila re-arrested
Save Sharmila Solidarity Campaign
Three days after her release, anti-AFSPA activist Irom Sharmila re-arrested from protest siteTake action:
Send a letter to President Pranab Mukherjee and the Prime Minister Narendra Modi
Write to Indian authorities and Indian diplomatic missions around the world demanding Irom’s release -
Is there hope for a human rights-respecting culture in Bahrain?
Guest article by Nedal Al-Salman and Kristina Stockwood
-
ISRAEL: ‘We dream of hundreds of thousands demonstrating for democracy, equality and human rights’
CIVICUS speaks about currentprotests against judicial changes in Israel with Debbie Gild-Hayo, Director of Public Advocacy of the Association for Civil Rights in Israel (ACRI).Founded in 1972, ACRI is an oldest and largest human rights civil society organisation (CSO) in Israel. It advocates for the human rights and civil liberties of everyone living in Israel and in the Occupied Palestinian Territories.
What are the judicial changes being proposed, and what is wrong with them?
The government led by Prime Minister Benjamin Netanyahu is promoting several pieces of legislation concerning the judicial system. The one that has advanced most and is the most controversial at the moment concerns the makeup of the Judicial Selection Committee. This committee chooses judges for the High Court, which also plays the role of a Constitutional Court, and also all other courts.
The government wants the ruling coalition to have a majority in the Judicial Selection Committee so it can control the appointment of judges. It currently has to make compromises and reach agreements between all members of the committee, political and professional, to nominate judges. If the change is adopted, the nomination process will be totally political and will prioritise judges’ allegiance to the government over their professionalism.
The reform would also diminish the authority of the High Court to conduct judicial review of Basic Laws – which have the status of a constitution in Israel – drafted by the Knesset, Israel’s parliament. For example, the coalition wants to pass a new Basic Law that will release ultra-Orthodox people from obligatory military duty, making their religious studies equivalent to army service. The High Court has already stated that this kind of arrangement would violate the principle of equality. But if the reform passes, then these kinds of unconstitutional amendments to Basic Laws will be possible and the High Court will not be able to intervene.
Another bill concerns regular laws passed by the Knesset that contradict Basic Laws. The bill determines that in order to annul an unconstitutional statute the High Court will need 80 per cent of its members to agree, which is practically impossible to achieve. On top of that, the bill includes an override clause, which determines that even if the High Court recognises legislation as unconstitutional, the Knesset will have the power to override its decision with a simple majority of 61 of its 120 members.
It’s important in this context to remember that Israel has a 20 per cent Arab population, so even if a majority of 80 out of 120 Knesset votes were needed for the override clause, like some suggestions that are on the table and quite widely accepted, it would still keep Arabs completely out of the law-making process in the most harming and controversial moments. The government wants to be able to pass laws deemed unconstitutional with a simple majority of 61 members, which could potentially harm an enormous part of the population.
The government also seeks to change the status of legal advisors in ministries, turning them from independent advisors into politically nominated counsel whose rulings would have non-binding status.
All of these bills would harm the independence of the judicial system and its ability to defend human rights, and specifically the rights of minorities.
How would you describe the protests against the changes?
I would describe them as amazing. As a human rights organisation, it is our dream to have hundreds of thousands of people demonstrating for democracy, equality and human rights. We wouldn’t have thought it possible only a short while ago. People are now attending parliamentary discussions – which, believe me, is incredible. I have been doing this job for a long time, and I used to always be there alone or with a few colleagues at most.
I think many people felt threatened personally by the reform initiative. This is what usually brings people out to the street. A lot of people who have never been involved in politics before are now mobilising.
In the last few months, I have talked to members of the Knesset as well as to protesters and advocated for other issues besides the judicial changes that are also harming democracy and human rights in Israel to be included on the agenda. Everything that is related to the occupation is excluded from the mainstream agenda. There is a perception that those demonstrating with Palestinian flags harm the protest.
But a few things are slowly widening the protesters’ agenda. For instance, people have been speaking up against the creation of a militia of armed citizens to support the police. It is a good sign that criticism is starting to go beyond the judicial changes.
Protesters include people of all ages and various professional groups, including doctors, social workers and teachers, as well as youth and student groups. But it is undeniable that most are middle or upper-middle class. A deep split has existed in Israeli society for many years, but now it has come to its peak. On the one hand you have the more liberal population and on the other the right-wing nationalist segment, including five per cent of the population who are settlers and 10 per cent who are ultra-Orthodox believers.
How has the government reacted to the protests?
From my point of view, there hasn’t been much repression. There are frequent clashes between police and protesters and there have been cases of police brutality, but the level of violence has not been that high. I have seen the police in action in other places, such as East Jerusalem, and they are much more violent. In this case, they have given quite a lot of room to protesters.
The main thing the government has attempted to do is to delegitimise the protests, referring to protesters as ‘anarchists’, ‘leftists’, ‘a minority against the country’ and so forth, disregarding the fact that hundreds of thousands are protesting every week and many of the people opposing the reforms and deeming them non-democratic are public officials, including members of security forces, or have positions in the financial system. The government also claims protesters are violent, but I personally have never seen such non-violent protesters in my life. If you just look at the protests against the pensions system changes taking place in Paris right now, there is no comparison.
What role are CSOs playing?
CSOs have been fully involved in many ways. CSOs are doing advocacy and campaigns, explaining to the public what this judicial reform is about, talking to the press and writing reports. They are also going to the courts when any rights violation occurs, especially regarding freedoms of speech and assembly, and to the police to defend arrested people. And they also take part in the parliamentary legislation procedures, including by attending committee sessions.
Do you think the protests will force the government to backtrack?
Protests have put a lot of pressure on the government, influencing Israel’s financial situation and bringing international support, which is also threatening to the government. But we have not stopped the process, but rather slowed it down. The government started pushing all these bills at once and ended up at the end of the Knesset session with only one passed, which protects Netanyahu’s position by limiting the ways a sitting prime minister can be declared unfit for office.
The judicial reform has been put off for a month, during which time its terms are supposed to be negotiated. The next session will take place in May, and it’s likely that there won’t be an agreement so the ruling coalition will accuse the opposition of obstruction and go on to push the bills forward. Even if there is an agreement between the coalition and the opposition, or part of it, about the details of the reform, it is not certain that the public will accept it.
If the bills pass, then there will be petitions against them and the High Court might deem them unconstitutional, which will farther intensify the controversy between the sides, and deepen the constitutional clash.
I don’t think protesters will give up. The worst worst-case scenario is that the ongoing constitutional clash will be accompanied by clashes on the streets. I don’t know what form they will take, whether it will be strikes, people refusing to join the army and the reserves, violent clashes on the street, or general chaos. The far right is more violent than its opponents, and we have already witnessed far-right violence in protests and attacks against Arabs on the streets. The ongoing clash could turn into a catastrophe, maybe also escalating to another major outbreak of violence in the Israel-Palestine conflict, as we saw two years ago in May.
What forms of international support does Israeli civil society currently need?
International pressure seems to be one of the only things really influencing this government because Israel is dependent on international support, and financial support in particular. Since the government has a legislative majority, it can theoretically pass all these laws, and the only thing stopping it, or slowing it down at least, seems to be financial pressure within Israel – for example, some high-tech companies have already said that they will relocate or have started to open new companies in other countries – and outside financial or other international pressure.
Another worry is that although many people are on the streets now and protests seem to be very wide, they do not, and probably will not in the future, deal with the less mainstream issues, such as the rights of the Arab population in Israel and occupation issues. In fact, the Knesset has just passed an amendment to the Disengagement Law that would allow the reestablishment of former West Bank settlements that were evacuated in 2005. This was barely an issue in Israeli public debate. This is just one example. CSOs are currently, and will probably continue to be, the only ones dealing with these issues on the national level, and will also probably be attacked because of this.
Civic space in Israel is rated ‘obstructed’ by theCIVICUS Monitor.
Get in touch with ACRI through itswebsite or itsFacebook page, and follow@acri_online onTwitter.
-
ISRAEL: There is a lack of political will to end the occupation
Twitter: Amit Gilutz After a tough year for dissent in the occupied Palestinian territories, CIVICUS speaks to Amit Gilutz, spokesperson of B’Tselem – The Israeli Information Center for Human Rights in the Occupied Territories. Founded in 1989, B’Tselem (which means ‘in the image of’, pointing to the universal moral edict to respect and uphold the human rights of all people) strives to end Israel’s occupation, which it sees as the only way to achieve a future in which human rights, democracy, liberty and equality are ensured to all people, Palestinian and Israeli alike, who inhabit the land between the Jordan River and the Mediterranean Sea. It does so by documenting and publicising acts of injustice, violence and human rights violations in the West Bank, including East Jerusalem, and Gaza Strip, and by challenging the legitimacy of the occupation regime both in Israel and internationally.
How would you describe the environment for civil society in Israel over the past year? Has it worsened or improved?
The recent Israeli governments - each more extremely right-wing than its predecessor - have for years engaged in a campaign aimed at silencing criticism of their policies in general and specifically stifling any debate about the occupation. Not only are human rights organisations such as B’Tselem targeted: anyone critical of the government, whether they be journalists, academics, or artists, easily becomes the target for incitement through smear campaigns and legislation designed to narrow the space available for political or even cultural action. At the same time the government is engaged in intensive international lobbying aimed at cutting funding for civil society organisations (CSOs). This process, widely referred to as ‘shrinking democratic space’, is the predictable consequence of the prolonged occupation itself, now in its 51st year. It is paralleled with another push to erase the occupation, namely the formal annexation of the territories, which the current government seems to be keener on than previous ones.
What effects have the turn towards right-wing populism abroad, and particularly in the USA, Israel’s most powerful ally, had in Israel?
Benjamin Netanyahu’s government has been joining forces with other reactionary and populist governments around the world, aiming to create new alliances that would diminish the ability of the international community to act effectively against the occupation. These alliances, together with the green light Israel sees coming from Washington, including through a series of unilateral measures the US administration has taken against Palestinians, has emboldened the pro-settlement camp in Israel, as well as the government to step up its efforts in the dynamic process of gradually taking over more and more Palestinian land and resources, while pushing Palestinians onto enclaves that are detached from one another and from resources needed for a sustainable future.
A case in point is the plan to forcibly remove the Palestinian community of Khan al-Ahmar, which is a war crime under international law. For decades Israel has created a coercive environment for dozens of Palestinian communities in the West Bank, hoping they will give up and leave, as if by their own volition, while stopping short of directly loading them onto trucks and dumping them elsewhere. These are the kinds of images that would damage the PR efforts of a state that purports to be a democracy, while at the same time controlling millions of subjects with no political rights. In the current political climate, Israel seems to be nearing a point in which this consideration will no longer stop it, although the planned forcible transfer of Khan al-Ahmar’s residents is for now on hold, thanks to international pressure.
How significant was the Knesset’s decision to pass the contentious nation-state bill into law, declaring Israel as “the national home of the Jewish people”?
Although significant, none of the laws passed recently should be seen in isolation because it is their totality that matters. Their combined purpose is to mark any opposition to the occupation as illegitimate, as lying beyond the border of acceptable politics, and to further marginalise the Palestinian citizens of Israel. That said, the opposition to the nation-state bill has been quite exceptional, and one can only hope that this opposition can be sustained.
How do you work in the occupied territories, and what challenges do you face in doing so?
B’Tselem field researchers are Palestinians who work in the communities in which they live, all across the Occupied Territories. The reality of the occupation is something that they experience on both the personal, as well as the professional, level. Take for example the B’Tselem field researchers based in blockaded Gaza: together with two million Palestinians they live under this reality. On a personal level, it’s part of their lives. On a professional level, the fact that they never get a permit from Israeli authorities to leave the Gaza Strip means that it’s almost impossible for them to meet with colleagues from the B’Tselem team. A permit to exit the strip would also mean some relief from the inhumane conditions that the blockade Israel imposes on Gaza has created. In the occupied West Bank, our field researchers and volunteers have been arrested, strip-searched and harassed, have had their equipment confiscated and otherwise prevented from doing their work.
On the other side, in Israel proper, life of course is much more ‘normal’ – as exposed as our team is to the ongoing hate speech and government incitement. Specifically, Hagai El-Ad, B’Tselem’s Executive Director, has once again recently been a target of incitement. In October 2018, when he appeared for the second time in front of the United Nations (UN) Security Council, Israel’s Envoy to the UN, Danny Dannon, boasted in English about Israeli democracy, while addressing Hagai in Hebrew and accusing him of being a traitor.
What extra help, including from international civil society, does progressive civil society in Israel need to help create a future in which Israelis and Palestinians can coexist and enjoy equal human rights?
We need civilians around the world to demand that their representatives do nothing short of decisive action in order to bring an end to the occupation. What we lack is not political solutions but political will, and meanwhile an unbearable toll is taken on Palestinians.
Civic space in Israel is rated as ‘obstructed’ by theCIVICUS Monitor
Get in touch with B’Tselem through theirwebsite orFacebook page, or follow@btselem and@amit_gilutz on Twitter
-
ITALY: ‘Accusing activists of vandalism is much easier than implementing renewable energy policies’
CIVICUS speaks with Gabriella Abbate of Last Generation about climate activism and its criminalisation in Italy, a country that has recently experienced both drought and devastating floods.Last Generation is an international network of climate activists using civil disobedience to compel governments to address the climate emergency by enabling citizen participation and financially supporting the global south as a primary victim of climate change that it hasn’t caused.
Why are climate protests on the rise in Italy?
Italy is heavily affected by climate and ecological crises: it experienced 310 climate disasters in 2022 alone, one of the main reasons behind them being the use of fossil fuels. The Italian government’s funding of fossil fuels has been steadily increasing, reaching €2.8 billion (approx. US$3 billion) between 2019 and 2021 and comprising 90 per cent of Italy’s total investment in fossil energy. Italy is the world’s sixth largest fossil energy lender, ahead even of Russia and Saudi Arabia.
In reaction to these energy policies, transnational activist networks including Last Generation, Extinction Rebellion and Scientists Rebellion are organising climate protests throughout Italy. They all use nonviolent civil disobedience tactics such as roadblocks, soiling with washable and vegetable-based paint and gluing. Last Generation is currently protesting to demand that the Italian government immediately cease public funding for fossil fuels and respect the agreements made by European Union member states in the 2030 climate and energy framework to increase the share of renewable energies, improve energy efficiency and cut greenhouse gas emissions.
What challenges are climate protesters facing in Italy?
A major challenge has been the criticism of our ways of protesting and the way we have been portrayed by the media. I think it is much easier to present someone as a vandal than to try to understand the root causes of the anger driving their action. The media and the state strongly exploit people’s lack of awareness regarding the innocuous materials used in the actions, such as vegetable charcoal, which leads to plenty of misinformation. However, more and more people are still joining our movement, perhaps driven by personal fear of the climate catastrophe, but also due to the realisation that the label of ‘eco vandalism’ is only a facade to mask the problem and that the negative consequences of our actions are minor and superficial.
On the other hand, the consequences of our activism being portrayed as violent and as acts of vandalism have been profound. There are currently three Last Generation activists facing trial for spraying the Senate building in Rome. They’re accused of ‘criminal damage’ and risk up to three years in prison. Never mind that the paint they used in the protest was washable.
In April, the Italian government introduced a new law specifically to punish climate actions seen as damaging monuments or cultural sites with fines ranging from €20,000 to €40,000 (approx. US$21,500 to US$43,000) and possible imprisonment for those caught in the act. In this regard, it should be noted that an essential part of Last Generation’s activism is to draw attention to one’s responsibility for one’s choices, which ends up accentuating the consequences of the actions we take. We take responsibility by not running away after an action, and this puts us in an even riskier position. Another tool used by the Italian state is indictment for ‘criminal conspiracy’, a charge historically used against the mafia.
The Italian government criminalises climate activists because by doing so it can continue avoiding its responsibilities regarding the wellbeing of its citizens. Accusing activists of vandalism is much easier than implementing renewable energy policies.
How does Last Generation support activists so they can continue mobilising for climate action?
Last Generation supports prosecuted activists by using funds from donations to pay their legal fees and hire experts to help them navigate court proceedings. We also share information about their cases on social media to gather international solidarity and support.
How do you connect with the global climate movement?
Last Generation is part of the A22 coalition, an international network of nonviolent civil disobedience campaigners, all of which demand their governments adopt measures to address ecoclimate collapse. The coalition was established in 2022 and it already includes at least 10 different campaigns advocating with governments in Europe, the Pacific and the USA.
Within the coalition we share not only strategies and best practices but also victories, such as that obtained in the Netherlands last month. In April, following months of continuous campaigning by our Dutch allies, Schiphol Airport decided to ban private jets and night flights from 2025. It is setting new rules that establish clear limits on noise and emissions and has dropped plans to build an additional runway.
This network is a great source of support. We help each other increase the visibility of our campaigns. It has certainly helped us attract more people to Non Paghiamo il Fossile (We Don’t Pay for Fossil) and other environmental campaigns in Italy and beyond.
Civic space in Italy is rated ‘narrowed’ by theCIVICUS Monitor.
Get in touch with Last Generation through itswebsite or itsFacebook page, and follow@ultimagenerazi1 onTwitter.
-
ITALY: ‘Our legal action forced the authorities to act to protect nature and people’s health’
CIVICUS speaks about a recent biodiversity court victory in Italy with Francesco Maletto, wildlife and habitats lawyer at ClientEarth, an environmental civil society organisation that seeks systemic change through advocacy and litigation.Why did you take regional authorities to court?
ClientEarth, together with Lipu-Birdlife Italy, took legal action against the authorities for failing to take action to protect Lake Vico from catastrophic pollution caused by intensive hazelnut cultivation. We challenged the Lazio region, the water authorities and the municipalities of Caprarola and Ronciglione for breaching several European Union (EU) and national laws by failing to take the measures needed to protect Lake Vico – an EU-protected Natura 2000 site – and the people who depend on its resources.
How did Lake Vico become polluted?
For the last 50 years, there’s been intensive hazelnut cultivation in the area, with plantations covering more than 21,700 hectares. This has resulted in dangerous levels of fertiliser entering the lake. The constant accumulation of toxic chemicals has killed nature and wildlife and made the water undrinkable.
An excess of nutrients in the water can trigger a process known as eutrophication, which leads to massive algae growth. The algae deplete the oxygen in the water and release carcinogenic chemicals that cannot be removed naturally. These toxins are harmful to the environment and human health. They can cause illness if ingested.
The authorities have declared the water undrinkable, but haven’t identified an alternative source of drinking water for people in Caprarola and Ronciglione. As a result, residents continue to have this water in their homes but are unable to consume it.
The environmental and health impacts of intensive hazelnut cultivation are not limited to Lake Vico; they are widespread throughout the region. Lake Bolsena, Europe’s largest volcanic lake and a popular tourist destination, also suffers from agricultural pollution that has begun to degrade the environment and water quality.
What has the Council of State decided and what must the Lazio region do to comply?
The Council of State has ordered the Lazio region to take immediate action to reverse the destruction of protected habitats. The regional authorities have been given a strict six-month deadline to take the measures needed to restore the lake’s protected habitats. The court recognised that the authorities had been aware of this problem for a long time, but had failed to act.
This ruling was the third and final in a series of successful legal challenges brought by ClientEarth and Lipu-Birdlife Italy against the Lazio region. We had previously successfully challenged the authorities’ failure to take action to improve drinking water quality and tackle harmful nitrate levels, as required by EU and national law. The Lazio region was ordered to establish a nitrate vulnerable zone and take action to clean up the water.
What are the implications of this decision?
The decision has significant implications. This is the first time a decision has been taken in Italy on the basis of Article 6(2) of the Habitats Directive, which sets out the specific measures that authorities must take to avoid the deterioration of natural habitats and the disturbance of species at a given site.
This is important for two reasons. First, because the Council of State has given a broad and progressive interpretation of the state’s obligations under this provision and set out in detail what the measures under this legal provision should look like. Second, because our legal action forced the authorities to act to remedy the situation. The Council of State ruled that, although the Italian authorities are free to determine the content of the measures to be adopted, they have to act when the law requires them to do so.
In the past it has been difficult to enforce obligations due to the authorities’ discretion in exercising their powers. This decision opens new legal avenues to enforce environmental and biodiversity obligations in Italy and other EU countries.
What are the next steps in the process?
The Council of State’s decision is final and cannot be appealed. It means the Lazio region is obliged to act within six months. We’ll continue to closely monitor the actions taken by the authorities to ensure they comply with the court ruling.
Civic space in Italy is rated ‘narrowed’ by theCIVICUS Monitor.
Get in touch with ClientEarth through itswebsite orFacebook page, and follow @ClientEarth onTwitter andInstagram.
-
JAMAICA: ‘We must establish a republic – where the people are sovereign and not the Queen’
CIVICUS speaks about the movement to make Jamaica a republic with Professor Rosalea Hamilton, founding director of the Institute of Law and Economics and member of the Advocates Network.The Advocates Network is a non-partisan alliance of individuals and organisations advocating for human rights and good government in Jamaica.
What are the goals of the movement for republicanism in Jamaica?
To understand the goals, let’s break down the concept of republicanism. It means different things to different people. Perhaps the most popular, widespread view of a republic is a state without a monarch. This is the view held by many countries across the region that have removed Queen Elizabeth II as head of state, Barbados being the most recent case, and declared themselves a republic. But the other concept of a republic, as a state in which the people are sovereign, is typically ignored or downplayed.
Since Barbados became a republic in November 2021, the republican conversation, which had started in Jamaica around 1995, gained momentum. Having learned from the experience of our Caribbean neighbours, many of us now view the concept of a republic as involving not just the removal of the Queen but also the establishment of a state where the people are sovereign and not the Queen.
Although we have a representative, democratic form of government, it does not effectively represent the will of the people. Therefore, a core objective in creating a republic would be to strengthen and deepen our representative democracy to ensure we have a government of, by and for the people.
So for those of us who are part of the Advocates Network, our goal is not just removing the Queen as head of state, which we see as a necessary first step, but also deepening our democracy and ensuring the establishment of a state where the Jamaican people are sovereign.
What explains the recent momentum of the movement for republicanism in Jamaica?
Most recently, the movement gathered strength in response to the royal visit to Jamaica in March 2022, which was viewed as inappropriate not only because it was during the throes of the pandemic, but because we were – and still are – grappling with pre-existing issues that have been exacerbated due to the pandemic. These include high murder rates, undereducated children, child abuse, gender-based violence and inadequate housing. Many of us in the Advocates Network are actively involved in tackling these problems, which we view as rooted in our colonial past. We think it’s time not only to move away from the monarchy, but also fix these colonial legacy problems.
The royal visit was therefore seen as a distraction. But it also provided an opportunity for Jamaicans to learn more about the royal family and their active role in the trafficking and enslavement of Africans. Jamaicans became more aware of the details of past atrocities and have begun questioning the role of the Queen as head of state after 60 years of independence. Social media has played a big role in helping to build awareness and deepen understanding.
But there are also several other factors at play. The world is changing. For us in the Caribbean and across the Black African world, something shifted with the murder of George Floyd in the USA and the Black Lives Matter movement. As the entire world saw the video of a white man kneeling on the neck of a Black man, we found that our Governor-General – the official who represents the Queen in Jamaica – was wearing an insignia with a white angel standing on the head of a devil depicted as Black. It was a shocking reminder of the link between our colonial past and our institutions today.
That woke people up. The George Floyd murder, and the many racist incidents that followed in the USA, the UK and elsewhere in Europe, reminded us that we still live in a world where people are treated as less than human based on the colour of their skin. The unheard calls for reparations are becoming louder as we try to come to grips with a past that is still with us.
The movement for republicanism can therefore be seen as a rejection of our colonial past and its modern-day expressions in the form of racism, discrimination, inequity and more.
In light of the recent Commonwealth Heads of Government meeting, what do you think the relationship between Caribbean countries and the UK will look like going forward?
A lot will depend on how the UK responds to the growing calls of Caribbean people and our governments for a different relationship than we have had in the past. The formal position of Caribbean governments is to engage in a reparatory process. Governments may choose to be patient with this process, but increasingly many Caribbean people are demanding a formal apology and reparations, as was evident during the royal visits to the region. Many are saying it’s time!
The voices are getting louder, not only in the Caribbean but in the USA and other parts of the world. The rejection by the majority of the Commonwealth heads of government of Kamina Johnson Smith, the candidate for Secretary-General who was openly backed by the UK, is indicative of this changing relationship with the UK.
If the UK doesn’t respond positively and continues its racist, discriminatory policies, the relationship is likely to become more antagonistic.
But I am hopeful things will change. An important part of our response to the royal visit was an open letter listing 60 historical reasons for an apology and reparations from the UK and its royal family. It was a way to bring to their attention the horrors of the past, because we are not sure they understand our history.
It may be working. I noted that at a Commonwealth conference, Prince Charles said he’s still learning about the past. Most of us are still learning, and unlearning, what we were taught about the past.
The UK has a great opportunity to rebuild this historic relationship on less exploitative and more humane terms. Engaging in a meaningful reparatory justice process can create a framework to build a mutually beneficial relationship that puts the past behind us and enable us to build a better future for generations to come.
How is the Advocates Network working towards these goals?
We are advocates for human rights and good governance, issues that are central to creating a people-centred republic. So we are actively engaged in public education and building public awareness about what it will take to create a republic where the Jamaican people are sovereign. Right now, we are organising online forums. We won’t stop until we are on the right path to creating a meaningful republic. As we say: ‘Wi Naa Ease Up!’
Public education is key! The 60 reasons appended to the open letter to the royals was to educate not just the royals about our history but also our fellow Jamaicans. We want Jamaicans to understand the many reasons we must remove the Queen as head of state. It’s simply unacceptable to have a head of state who refuses to formally apologise for an atrocity that the United Nations has labelled as constituting crimes against humanity.
The major obstacle to overcome is to shift the mindset of Jamaicans to see themselves as owners of Jamaica with sovereign responsibility to determine the future of Jamaica. If we make this shift, a meaningful republic that can better address the pressing issues facing Jamaicans will be within our grasp.
What international help do the movement and its people need?
The work involved in creating a meaningful republic as well as pursuing reparatory justice is indeed challenging. It’s a heavy burden. It’s a painful burden to confront our past and change our society. Unearthing the past to guide our future is heavy lifting.
Collaboration, especially in disseminating information, is important for our education campaign, including through interviews by a global south organisation based in South Africa, such as CIVICUS.
Financial resources are helpful, but in-kind support is as important and will certainly help us to reduce the burden. Access to research materials, educational opportunities, media facilitation, technological assistance and international forums will be helpful. We welcome opportunities to amplify our voices in collaboration with individuals and organisations with similar objectives in other countries.
Civic space in Jamaica is rated ‘narrowed’ by theCIVICUS Monitor.
Follow@Advocatesnetja and@rosaleahamilton on Twitter. -
JAPAN: ‘Each victory brings backlash, but LGBTQI+ people will keep fighting for equality and dignity'
CIVICUS speaks about the struggle for LGBTQI+ rights in Japan withAkira Nishiyama, Deputy Secretary General of the Japan Alliance for Legislation to Remove Social Barriers based on Sexual Orientation and Gender Identity (Japan Alliance for LGBT Legislation, J-ALL).Founded in 2015, J-ALL seeks to remove social barriers based on sexual orientation and gender identity (SOGI). It does so by convening consultations, producing research, developing policy proposals, raising awareness among the public and lobbying government officials and legislators.
What are the implications of recent court rulings on same-sex marriage in Japan?
In 2019, five lawsuits were filed at Japanese district courts addressing same-sex marriage. Four out of five court rulings were positive. Nagoya and Sapporo district courts declared that not allowing same-sex marriage was against the Constitution, while Fukuoka and Tokyo district courts ruled that it was ‘in a state of unconstitutionality’.
The Osaka court was the only one to rule negatively on the three constitutional clauses in question. Clause 1 of article 24 says that marriage shall be based on the mutual consent of both sexes, and the court argued that this clause pertains to heterosexual couples only and doesn’t guarantee same-sex marriage. The court affirmed that legal protection for same-sex relationships hasn’t been fully discussed yet and therefore the Civil Code and Family Register Act, which doesn’t recognise same-sex marriage, is not against clause 2 of article 24, which upholds individual dignity and the essential equality of sexes in matters of marriage and family. Finally, the court argued that there are now minimal differences in the treatment of heterosexual and same-sex couples, and so the lack of recognition of same-sex marriage doesn’t violate article 14, which guarantees equality under the law.
Have you seen any positive change in public attitudes to LGBTQI+ people?
Since the lawsuits were filed, there have been significant societal changes. Various surveys indicate public support for same-sex marriage, and over 300 municipalities have introduced a partnership system for same-sex couples.
According to the 2019 research led by Professor Kazuya Kawaguchi from Hiroshima Shudo University, almost 65 per cent of the population supports same-sex marriage, with the percentage reaching 80 per cent among people in their 20s and 30s. Also, almost 88 per cent support legislation prohibiting bullying and discrimination against sexual minorities. Similar results have been observed in other studies.
How positive is the recently adopted law against discrimination?
The law passed in June 2023 is not an anti-discrimination law based on the grounds of sexual orientation and gender identity (SOGI), because it lacks the tools to address actual cases of discrimination. It should be understood as a ‘SOGI Understanding Law’: it primarily aims to promote public awareness of sexual and gender diversity. It mandates the government to create a basic implementation plan and operational guidelines, publish an annual white paper to monitor progress, conduct academic research and establish a liaison council to coordinate policy implementation. It also encourages ‘efforts’ by national and local governments, employers and schools to promote understanding through awareness-raising, setting up consultation services, educational activities and other necessary measures.
LGBTQI+ groups are concerned that article 12, which states that in implementing the measures each actor shall pay attention to ensure that all citizens can live with ‘peace of mind’ regardless of SOGI, may be interpreted by right-wing groups intentionally to mean that if one person raises concerns, local government cannot implement those measures. However, during the legislative session it was clarified that article 12 was added to emphasise a guiding principle stipulated in article 3, which declares that all citizens, irrespective of their SOGI, are respected as irreplaceable individuals who share basic human rights equally, and unjust discrimination based on SOGI is inexcusable.
Japanese civil society is still uncertain whether this law will have a positive impact, given that the implementation plan and guidelines are yet to be formulated. We hope that the law will be interpretated and applied in accordance with the guiding principles based on a thorough understanding of the legislator’s intention.
Have these legal changes been met with an anti-rights backlash?
This year, anti-LGBTQI+ remarks made by a former secretary of the prime minister in February and Japan’s hosting of the G7 Summit in May accelerated a social movement urging anti-discrimination legislation. As a result, there has been heightened criticism from some conservative members of the ruling Liberal Democratic Party (LDP) and religious groups.
Anti-transgender discourse has surged by exploiting women’s anxieties. It has gone along the lines of ‘if the law is passed, men claiming to be women will be able to come into women’s public toilets and baths (‘Sento’ in Japanese)’. A new caucus was formed within the LDP, allegedly to protect the peace of mind and safety of women and the fairness of women’s sports. Members of this caucus submitted a request to the Ministry of Justice to keep the ‘compulsory sterilisation’ requirement for legal gender recognition. The LGBTQI+ community must continue discussions on how to counter this backlash.
What are the next steps in your struggle?
Three crucial steps should be taken. First, a proper anti-discrimination law banning discrimination on the basis of SOGI must be enacted. Second, marriage equality must be recognised.
And third, inhumane requirements for legal gender recognition must be removed through the revision of the Act on Special Cases in Handling Gender Status of Persons with Gender Identity Disorder or the approval of new legislation. The compulsory sterilisation requirement has been criticised both domestically and internationally. Recommendations to eliminate it were formulated by various states at Japan’s Universal Periodic Review by the United Nations Human Rights Council in January 2023. However, the Japanese government did not accept these recommendations. A Supreme Court ruling on the constitutionality of this requirement is expected by the end of this year, and we hope it’ll mark the beginning of a movement to amend Japan’s gender recognition law.
While many other things must be done to protect the human rights of LGBTQI+ people in Japan, we believe it’s crucial to first amend and enact laws on these three issues.
What international support do you receive, and what is needed?
At the international level, LGBTQI+ organisations from G7 member states, including us, have formed a new civic engagement group named ‘Pride7’ (P7) to highlight human rights violations related to SOGI globally and propose policy recommendations at G7 summits. In March, we organised the P7 summit with activists from G7 and global south countries and, as a result, handed the P7 communiqué to the governments of Japan, the UK and the USA. Additionally, 15 embassies in Japan released a joint video message ahead of the G7 Summit in Hiroshima, urging protection for the rights of LGBTQI+ people and expressing intolerance towards discrimination. With substantial support from the international community, we aim to pass on the P7 presidency to Italy, the host of the 2024 G7 summit.
We would appreciate your support to inform wider audiences about the current situation in Japan. Please follow our activities on our website or social media, and contribute through either a one-time or a monthly donation. If you represent a private company, we invite you to cooperate by adhering to the Declaration of Business Support for LGBT Equality in Japan, which we promote as a part of our global campaign called ‘#EqualityActJapan‘.
Civic space in Japan is rated ‘narrowed’ by theCIVICUS Monitor.
Get in touch with J-ALL through itswebsite or itsFacebook page, and follow@lgbtourengokai on Twitter.
-
JAPAN: ‘Links between politics and the religious right have impeded progress on LGBTQI+ rights’
CIVICUS speaks with Akira Nishiyama, executive officer of the Japan Alliance for Legislation to Remove Social Barriers based on Sexual Orientation and Gender Identity (Japan Alliance for LGBT Legislation, J-ALL).J-ALL was founded in 2015 to advocate for legislation to remove the barriers LGBTQI+ people experience due to their sexual orientation or gender identity in Japan. It focuses on raising awareness among the public, producing research and convening consultations, developing policy proposals and lobbying with government officials and legislators.
What is the situation of LGBTQI+ people in Japan?
LGBTQI+ people are estimated to make up between three and 10 per cent of Japan’s population. Many are closeted for fear of discrimination and prejudice. According to recent research, over half of teenagers who identify as LGBTQI+ have been bullied, and only about 10 per cent of LGBTQI+ people are able to come out at their workplace. The rate of LGBTQI+ people who have considered suicide is about twice as high as among their heterosexual counterparts and the rate of those who attempt suicide is six times higher – and 10 times higher among transgender people.
Such a vulnerable status is caused by the absence of a law at the national level that prohibits discrimination on grounds of sexual orientation and gender identity (SOGI) and raises awareness of LGBTQI+ and SOGI issues. We believe that an anti-discrimination law would enable us to solve social problems such as bullying and SOGI-based discrimination due to prejudice or misunderstanding and effectively deter and remedy human rights violations. It would force governmental agencies, educational institutions and private companies to prepare preventive schemes so that SOGI-related human rights violations would not take place, and make consultation services available.
Additionally, Japan’s Act on Special Cases in Handling Gender Status of Persons with Gender Identity Disorder sets strict conditions to change one’s legal gender status. Under this law, a person with a so-called ‘gender identity disorder’ must be diagnosed by two or more psychiatrists and must fulfil five conditions to request the family court to make a ruling towards change of their gender status, which is still thought of in binary terms: they must be above 18 years of age, not be married at the time of the gender change, have no children who are still minors, have no reproductive glands, or only reproductive glands that have permanently lost their function, and have body parts that appear to resemble the genitals of the other gender.
These conditions are considered too strict compared to those of other countries. In 2015, 12 United Nations organisations issued a joint statement asking the Japanese government to ensure the legal recognition of the gender identity of transgender people without such abusive requirements, but the Japanese government has not yet made any moves in that direction.
What work does J-ALL do?
J-ALL was established in April 2015 in response to a call from politicians and the LGBTQI+ community to reach a consensus and make effective policy recommendations. For the previous decade or so, civil society organisations (CSOs) in Japan had been lobbying separately on LGBTQI+ and SOGI-related issues.
J-ALL is an umbrella organisation with 96 member CSOs from throughout Japan. It is run by directors who are leaders of CSOs in various regions. Its secretariat is managed by executive officers who specialise in lobbying, public relations and international affairs, as well as student interns.
Our lobbying activities have succeeded in pushing forward several SOGI-related laws. For instance, in October 2018 the Tokyo Metropolitan Government adopted an ordinance that protects LGBTQI+ people from SOGI-based discrimination in line with the Olympic Charter. This ordinance clearly stipulates anti-discrimination based on SOGI and was the first ordinance of its kind at the prefectural level.
In addition, in May 2019 the Japanese government amended the law on harassment. The amended version requires private entities and municipal governments to set guidelines to prohibit harassment and outing based on SOGI in the workplace.
As the only CSO aimed at proposing SOGI-related bills, J-ALL is pushing politicians and governmental officers at both national and municipal levels by working together with Rengo – the Japanese Trade Union Confederation and a member of the International Trade Union Confederation – eminent scholars and researchers of labour law and international human rights law, and activists fighting to eliminate all kinds of discrimination, including discrimination against women. In recent years, around 40 companies have signed a statement to support the LGBT Equality Law, which would ban anti-LGBTQI+ discrimination. Economic federations have also declared the necessity for legislation on SOGI.
Have you faced any anti-rights backlash?
As the social movement to promote the rights of LGBTQI+ people has grown, backlash by religious right-wing groups, ultra-conservative politicians and trans-exclusionary radical feminists (TERF) groups has also grown. For instance, several politicians gave discriminatory speeches against LGBTQI+ people in response to discussions regarding the anti-discrimination bill agreed on by LGBT Giren, a nonpartisan political caucus set up to discuss SOGI-related human rights violations in 2021. Bashing against transgender women and LGBTQI+ people based on heteronormativity, conventional understandings of the family and stereotypical images of women are prevalent in both the real world and the internet.
Japan has not made much progress on gender inequality, let alone LGBTQI+ rights and SOGI-related issues. This is because the Japanese government is closely connected with religious right-wing groups based on the values of male chauvinism and a patriarchal view of the family. Because of these close ties, ruling politicians have long ignored the existence of people with diverse sexualities and gender identities and have sustained a social system that lacks SOGI-related education and allows for SOGI-based human rights violations. As a result, LGBTQI+ people face wide-ranging challenges such as prejudice, bullying and harassment, and victims of SOGI-related human rights violations are not protected by the law.
We believe that Japanese civil society needs to recognise this connection between mainstream politics and the religious right in order to tackle human rights issues in earnest. It is also important to learn about which groups of people are marginalised by the current social systems built by the majority and what kind of human rights violations they face, and to take actions such as electoral participation and making public comments based on these concerns.
How is civil society working to achieve marriage equality, and what was the significance of the recent verdicts of the Sapporo and Osaka district courts?
There is a CSO, Marriage For ALL Japan, that has been working actively and specifically to achieve the legalisation of same-sex marriage in Japan. In 2019 this organisation filed lawsuits in five districts – Fukuoka, Nagoya, Osaka, Sapporo and Tokyo – and has been conducting awareness-raising activities across the nation.
In March 2021, the Sapporo District Court ruled that not allowing same-sex marriage was unconstitutional. After a careful scrutiny of the scientific and medical arguments currently used to deny legal benefits to same-sex couples, the Sapporo District Court reasoned that the failure to allow ‘even a certain degree’ of legal benefits to same-sex couples based on their sexual orientation is against Article 14 of the Constitution, which stipulates equality under the law. Although the court dismissed the plaintiffs’ claim for compensation, its verdict was viewed as a step that would surely accelerate the movement to legalise same-sex marriage in Japan.
But then in June 2022, the Osaka District Court concluded that not allowing same-sex marriages does not violate Article 14, given that the legal disadvantages faced by same-sex couples can be compensated by wills or other means. In addition, the court emphasised that the gap between the benefits enjoyed by heterosexual and same-sex couples has been minimised by the recognition of same-sex partnerships at the municipal level. This, however, overlooks the fact that the municipal system of partnership recognition is not legally binding.
The Osaka District Court also claimed that the ‘true’ elimination of discrimination and prejudice should be achieved by constructing a social system through the democratic process of free discussion by the people. This was criticised by civil society as an abdication of the judiciary’s crucial role as the bastion of human rights. Also under fire is the court’s claim that marriage is purely for the purpose of reproduction.
How can the international community support LGBTQI+ people fighting for their rights in Japan?
Since 2020 J-ALL has been running a global campaign, Equality Act Japan (EAJ), alongside Human Rights Watch and other global human rights organisations. We would like you to sign the petition found in our website to ask the Japanese government to enact the LGBT Equality Act.
If you are a private company, we will appreciate your cooperation in adhering to the Declaration of Business Support for LGBT Equality in Japan, which we promote as a part of the EAJ campaign.
Last but not least, we would be happy if you could join us by checking out the current situation in Japan, follow our activities through our website or social media, and support us through a one-time or a monthly donation.
Civic space in Japan is rated as ‘narrowed’ by theCIVICUS Monitor.
Get in touch with J-ALL through itswebsite orFacebook page, and follow@lgbthourengokai on Twitter. -
JAPAN: ‘The vulnerability of the homeless is the result of contemporary society’s built-in social exclusion’
CIVICUS speaks to Tsubasa Yuki ofMoyai Support Centre for Independent Living about the situation of homeless people amid the COVID-19 pandemic in Japan. Founded in 2001, the Moyai Support Centre supports homeless people by creating a community space and providing advice and rent guarantees for those seeking housing.
In Japan it is illegal to beg on the streets and there is little sympathy for homeless people, who are commonly stereotyped as running away from gambling debts. Tokyo’s preparations for the Olympic Games, originally planned for 2020 and now postponed to 2021, prompted the removal of homeless tents around railway stations and parks. In the context of the COVID-19 pandemic, the Moyai Support Centre started an online petition to request permission from the Tokyo Olympic organisers and the city government to use the Olympic Village as a homeless shelter.
Can you tell us about the work of the Moyai Support Centre for Independent Living?
Our programmes for supporting homeless people are threefold, and most of them are not exclusive for people in homelessness. Firstly, we have a consultation service, Seikatsu-Soudan. Every Tuesday, around 20 people visit our office asking for immediate help. In most cases, they are seriously impoverished and need public assistance. In those cases, we provide them with accurate information about social welfare services and support their application processes.
Secondly, we provide rent guarantees for homeless people seeking secure housing. After applying for public assistance, people are usually allocated to shelters and then start searching for apartments, and this is where we come in. We have provided rent guarantees for more than 2,000 people in total. However, insurance issued by private companies has recently become more common. So we advise our visitors to use those private companies if they can, and often our representative provides his phone number as an emergency contact when they apply for private insurance.
Thirdly, we have a community space. It is often the case that even after getting secure housing, formerly homeless people do not have any place to be when they go out. So we have a café, Salon de Café Komorebi, which opens every Saturday. This café is managed by our staff alongside many volunteers, including formerly homeless people. Unfortunately, the café is currently closed due to the COVID-19 pandemic.
What was the situation of homeless people in Japan before the pandemic?
Some general trends can be identified. In Tokyo, and probably in other Japanese cities, there are at least 1,000 rough sleepers, most of whom are male and relatively old, with an average age around the mid-50s. They usually combine multiple strategies for survival: they are day labourers, seek other informal jobs, scavenge and eat at soup kitchens. In the case of Tokyo, the Tokyo Metropolitan Government (TMG) has a public employment programme through which rough sleepers can gain a monthly cash income of around 20,000 yen (approx. US$190). Rough sleepers are mostly single males, but many of them form some kind of community in which they share useful information and, less frequently, jobs.
In addition to rough sleepers, at least 4,000 people use cyber cafés and other facilities to spend the night in. Most of them are employed in the most insecure part of the labour market – they are cleaning staff, security officers, construction workers, or have transportation jobs. While they may seem to have relatively more secure housing than rough sleepers, the truth is that cyber cafés are segregated into compartments and as a result, these people usually don’t have any communities they belong to.
What specific challenges have homeless people faced during the pandemic?
The most striking point is that many community-based and faith-based organisations and other groups suspended soup kitchens due to fear of spreading the virus. This has made it really hard for rough sleepers to get enough food and vital information about the virus and the public services available to them.
In addition, public employment services stopped in April 2020 and as a result, rough sleepers have lost their major source of cash income. Cash incomes from the informal economy, including scavenging, also declined because of the lockdown and stay-at-home policies.
In April, the TMG requested that many enterprises in the service economy suspend their business. Cyber cafés and similar facilities were also requested to stop operating. Although this was not mandated by law, many enterprises followed the policy. As a result, people living in cyber cafés lost their places to sleep. Many of them also lost their jobs and incomes due to economic decline prompted by the lockdown policy.
How have the Moyai Support Centre and other civil society organisations (CSOs) responded to the situation?
Many CSOs have had to stop their activities as well. We closed our café in April 2020. But at the same time, we extended our consultation services. Currently, in addition to the Tuesday consultation service, we have set up a soup kitchen and provide consultation services in front of the TMG office, together with another civil society group, Shinjuku Gohan Plus. In April alone, we distributed more than 600 packages of food and provided consultation services to more than 150 people.
As well as providing direct services to people in need, we have started a petition so we can use the Olympic Village set up for the 2021 Tokyo Olympics as a shelter during the COVID-19 pandemic. So far, the petition has collected more than 50,000 signatures.
Under the pandemic, the TMG made 2,000 hotel rooms available as shelter for those expelled from cyber cafés, and more than 800 people have been using them. But it is not clear whether this policy will be extended after the state of emergency ends. The Olympic Village can be the next place to accommodate them.
In July and August 2020, we will have elections for the TMG. We are trying to tackle the shortage of decent shelters for people facing homelessness by making the issue one of the major topics in the coming election for Tokyo’s governor. As it is connected both to issues of the Olympics and COVID-19, it is now attracting a great deal of attention from people inside and outside Tokyo. So we are now planning to submit a petition and deliver an open questionnaire letter to candidates in the election. They will be obliged to express their stance and opinions on the issue of homelessness in Tokyo.
But we understand these are only temporary solutions. Be it at hotels or the Olympic Village, these are only temporary shelters at best. The next step for us is to support homeless people to find secure housing, that is, get their own apartment. This is challenging even for people who have successfully applied for and received public assistance. We are trying to reach them in shelters and support them in finding apartments.
But this cannot be done solely by CSOs like us. This mass transition from shelters to apartments can only be successfully accomplished with the help of willing and conscientious owners and landlords. The next goal for both CSOs and public entities should be to gain their support.
What lessons have you learned so far around the COVID-19 pandemic and its impacts on homeless people?
The current situation reveals that soup kitchens and other voluntary activities played a vital role as an information centre for homeless people, and especially for rough sleepers. People in that situation have scarce access to important information about COVID-19 and related policies and services. Some of them gain information from radio and newspapers but these media are not available to all rough sleepers. Thus, for many of them, voluntary activities are almost the only source of accurate information.
Further, while it might be common knowledge that homeless people are particularly vulnerable to disasters, it is worth noting that homeless people and those working in insecure jobs have been the first to be affected by the pandemic, and the hardest hit. Stay-at-home policies might be one of the most effective strategies against the pandemic, but they presuppose that people have secure housing and a certain amount of savings. For those people with no secure housing, employment status and savings, it is almost impossible to follow the policy. In addition, homeless people are not eligible for any of the compensation or temporary income support that is available to other people. The vulnerability of the homeless is the result of contemporary Japanese society’s built-in social exclusion.
Civic space inJapan is rated as ‘narrowed’ by theCIVICUS Monitor.
Get in touch with the Moyai Support Centre for Independent Living through itswebsite. -
Joint letter on Colombia: COVID-19 cannot be a smokescreen to target social leaders
🇨🇴📝Joint letter on #Colombia: #COVID19 cannot be used as a smokescreen to target social leaders.
— CIVICUS (@CIVICUSalliance) July 8, 2020
Recommendations include:
🟢Implement Peace Agreement
🟢Involve civil society in efforts to protect rights
🟢Investigate impunityhttps://t.co/td2jPzvhWj#TheRighttoDefendRights pic.twitter.com/YLGesaGhzbJoint Letter: Colombia must implement the Inter-American Commission on Human Rights (IACHR) recommendations regarding social leaders, even during the pandemic
In its recent report, IACHR crucially underscores the importance of recognizing the right to defend rights and the fundamental role of social leaders in Colombia, especially in the current context of the COVID-19 pandemic.
The report Human Rights Defenders and Social Leaders in Colombia, recently presented by the Inter-American Commission on Human Rights (IACHR) after their visit to the country in November 2018 repeatedly highlights that the work of human rights defenders and social leaders is essential for the full assurance of the Rule of Law and constitutes an indispensable pillar for the strengthening and consolidation of democracy. When the defense of human rights is impeded, it is not only a particular individual or community that is affected; attacks against social leaders affect the cohesion and continuity of social organization on a larger scale.
Social leaders play a fundamental role in maintaining the social fabric in their communities, often under precarious security conditions. In the current context of the COVID-19 pandemic, the recommendations in the report are even more important to safeguard their work. As Erlendy Cuero, social leader and Vice President of the National Association of Displaced Afro-Colombians (AFRODES), stated in a recent series by Dejusticia on pandemic and inequality, #DelMiedoALaAcción [From Fear to Action], during the pandemic, "homicides, threats and persecution have increased because we find ourselves in a situation where the support for some leaders with protection measures has been reduced and those who do not have security measures are left unprotected.” The latter is compounded by the fact that leaders, who have to stay at home because of the coronavirus, are at greater risk because they are more easily located.
Leaders in areas far from urban centers are more vulnerable, meaning the Colombian government’s adoption of the IACHR’s recommendations in those areas is even more essential.
Key recommendations made by the Commission include that Colombia:
- “Redouble its efforts to implement the Peace Agreement so that the right conditions are in place all around the country for people to be able to defend human rights and defend communities”.
- “Involve social organizations in any efforts to develop a comprehensive public policy on prevention and on protection of human rights defenders and social leaders, reactivating platforms for dialogue such as the National Roundtable on Guarantees and the National Commission on Security Guarantees, in which agreements have already been worked out”
- “Properly implement any precautionary measures granted by the InterAmerican Commission and keep protection arrangements in place for beneficiaries as long as the measures are in force”
- “Take all necessary measures to ensure that authorities or third parties do not manipulate the punitive power of the State and its institutions of justice to harass human rights defenders and harm their work. Ensure that the proper punishment is applied if this occurs”
- “Adopt measures to investigate with due diligence and confront impunity regarding crimes committed against human rights defenders and social leaders in the country, establishing the perpetrators and masterminds of the crimes”
- "Improve coordination between national and local so that protection measures can be adapted to safeguard the rights of human rights defenders and social leaders and ensure that measures are effective in remote rural areas"
- "Agree on protection measures to address the level of risk, listening to and consulting with the human rights defenders in order to develop a timely, specialized intervention that is proportionate to the potential risk and has a differentiated approach.”
- "Improve coordination with international human rights organizations" with which the Commission ends its report.
The signatory organizations place special emphasis on the Inter-American Commission’s recognition of the right to defend rights and its call to comply with the provisions contained in the Final Peace Agreement, in line with the constitutional judges in the recent tutela [protection] action judgments confirming #TheRighttoDefendRights presented by various social leaders and organizations in the country, at the end of 2019.
Sincerely,
ARTICLE 19
Asociación Interamericana para la Defensa del Ambiente (AIDA)
Asociación Minga
Amnesty International
Business & Human Rights Resource Centre
CIVICUS
Colectivo de Abogados José Alvear Restrepo - Cajar
Comisión Colombiana de Juristas (CCJ)
Dejusticia
Espacio Público
Front Line Defenders (FLD)
Fundación Comité de Solidaridad con los Presos Políticos (FCSPP)
International Land Coalition - LAC (ILC LAC)
International Service for Human RIghts (ISHR)
International Work Group for Indigenous Affairs (IWGIA)
Latin America Working Group (LAWG)
Not1More (N1M)
Presbyterian Peace Fellowship
Red Latinoamericana y del Caribe por la Democracia (REDLAD)
Robert F. Kennedy Human Rights
Unión Nacional de Instituciones para el Trabajo de Acción Social (UNITAS)
Washington Office on Latin America (WOLA) -
Joint letter to new Ethiopian Prime Minister on recent arrests of journalists and human rights defenders
In a letter to the Ethiopian Prime Minister-designate, a coalition of over 40 civil society organisations express their concern regarding the recent arrests of journalists and human rights defenders
State of emergency in #Ethiopia: 11 journalists & human rights defenders arrested as new Prime Minister appointed. Civil society groups call for immediate release https://t.co/0TjpANemCc pic.twitter.com/e9QKqCQeIO
— CIVICUS (@CIVICUSalliance) March 30, 2018To: Prime Minister-Designate, Dr. Abiy Ahmed Ali
Cc: Abadula Gemeda, Speaker of the House of Peoples’ Representative
Your Excellencies,The undersigned international, regional and national human rights and development organisations write to express our grave concern over the recent arrest of 11 Ethiopian journalists, bloggers and political opposition leaders amid a new crackdown on fundamental freedoms. Such measures undermine the Ethiopian government's international human rights obligations as well as recent political commitments to initiate an era of widespread democratic political reform. As you assume your position as Prime Minister, we urge the Ethiopian Government to immediately and unconditionally release all human rights defenders, political activists and journalists, including the 11 individuals detained this week.
On 25 March 2018, Ethiopian police and security forces arrested journalists Eskinder Nega and Temesgen Desalegn, Zone9 bloggers Mahlet Fantahun, Befekadu Hailu, blogger Zelalem Workaggnhu and political activists Andualem Arage, Addisu Getinet, Yidnekachewu Addis, Sintayehu Chekol, Tefera Tesfaye and Woynshet Molla.
The arrests were carried out while the defenders were attending a private meeting in Addis Ababa at the home of journalist Temesgen Desalegn. The private gathering was held in recognition of the recent release of thousands of political prisoners amidst ongoing and widespread protests against political marginalisation and land grabbing in the Oromia and Amhara regions which began in late 2015. The eleven are currently being held at Gotera-Pepsi Police Station in Addis Ababa.
Days earlier on 8 March, authorities arrested Seyoum Teshome, a prominent blogger and university lecturer. Teshome, who is a frequent contributor to Ethiothinkthank.com and was detained for three months under the previous State of Emergency, is currently being held in the notorious Maekelawi Prison in Addis Ababa.
While the authorities have not publicly indicated if charges will be brought against the defenders, under the February reinstatement of the national State of Emergency, groups and individuals must seek permission from the Command Post to host public gatherings.
Prior to their release in February, several of the defenders had previously been imprisoned for periods ranging from two to seven years in relation to their legitimate work as journalists, bloggers and political activists. Eskinder Nega and the Zone9 Bloggers are recipients of international awards celebrating their contribution to independent journalism and human rights.
The arrests follow the declaration of a national State of Emergency on 16 February by the Cabinet for a period of six months. The State of Emergency includes a number of draconian and overbroad provisions. Among other worrying violations of fundamental democratic freedoms, the State of Emergency imposes a blanket ban on all protests, the dissemination of any publication deemed to “incite and sow discord” including those who criticise the State of Emergency, and allows for warrantless arrest.
Such measures are contrary to international human rights law and the Ethiopian Constitution and are counter-productive to peace and security. The invocation of the State of Emergency criminalises dissent and persecutes human rights defenders, protesters and journalists.
We urge the government of Ethiopia to: (i) immediately release all human rights defenders, political opponents and journalists detained for exercising their legitimate rights to freedom of expression, association and assembly; (ii) end all forms of harassment against journalists and all citizens with critical views on national matters and; (iii) review and amend the State of Emergency to ensure that any limitations on fundamental rights are in line with international human rights obligations.
Sincerely,
Access Now
African Law Foundation (Nigeria)
ARTICLE 19
Association for Progressive Communications (APC)
Asia Democracy Network (ADN)
Asian Forum for Human Rights and Development (FORUM-ASIA)
Asian Legal Resource Center (ALRC)
Association for Human Rights in Ethiopia (AHRE)
The Article 20 Network
Balkan Civil Society Development Network (BCSDN)
Bytes4All Pakistan
Caucasus Civil Initiatives Center
Center for International Environmental Law (CIEL)
CIVICUS: World Alliance for Citizen Participation
Committee to Protect Journalists (CPJ)
Commonwealth Human Right Initiative (CHRI)
DefendDefenders (East and Horn of Africa Human Rights Defenders Project)
End Impunity
Endorois Welfare Council (Kenya)
Ethiopia Human Rights Project (EHRP)
Freedom House
Front Line Defenders
Karapatan (Philippines)
Global Participe (Republic of the Congo)
Greenpeace Africa
International Civil Society Centre
International Service for Human Rights
JOINT - Ligas de ONGs em Mocambique (Mozambique)
Odhikar (Bangladesh)
OutRight Action International
Pakistan Fisherfolk Forum
PEN International
Reporters Without Borders (RSF)
Robert F. Kennedy Human Rights
Sengwer Indigenous Peoples Programme
Uganda National NGO Forum (UNNGOF)
West Africa Civil Society Institute (WACSI)
West African Human Rights Defenders' Network (WAHRDN)
World Movement for Democracy
World Organization Against Torture
Zimbabwe Environmental Law Association (ZELA) -
Joint Letter to Secretary-General António Guterres on his visit to Vietnam
Mr. António Guterres
Secretary-General
United Nations
UN Headquarters, S-3800
New York, NY 10017
Re: October visit to Vietnam
Dear Secretary-General,
We are writing ahead of your visit to Vietnam later this week. You have emphasized the importance of combatting climate change, but this cannot be achieved without the role of environmental rights defenders. During your trip, we urge you to publicly call on the Vietnamese government to release the four environmental human rights defenders who were sentenced on trumped-up charges of “tax evasion” earlier this year. These political prisoners are emblematic victims of a new wave of repression in Vietnam which, through a combination of threats and judicial harassment, is threatening progress in combatting climate change, protecting human rights and achieving the Sustainable Development Goals.
The persecution of environmental defenders is only the tip of Vietnam’s broader crackdown on dissent. Organizations that monitor the situation have documented how Vietnam is currently holding hundreds of political prisoners. UN Human Rights Mechanisms have noted that once arrested, most of these people are prosecuted for vaguely worded national security crimes, subjected to prolonged periods of incommunicado detention, and denied access to legal counsel and family visitation, often while being subjected to willful neglect or mistreatment. These are people who have been persecuted for exercising their civil and political rights. These are people who should not be prosecuted, and should not be in prison.
The United Nations should urgently press the Vietnamese government to end its policies and practices that are subverting rather than supporting human rights, and emphasize that there can be no progress on climate change and development without an active civil society that can freely exercise their rights to freedom of expression, association, and assembly. We call on you to remind Vietnam that, as a newly elected member of the UN Human Rights Council, it has an obligation to uphold the highest human rights standards. Specifically, we urge you to:
- Publicly urge Vietnam to protect, promote and fulfill human rights obligations enshrined in the international human rights treaties signed and ratified by the government.
- Publicly urge Vietnam to cease criminalizing policy advocacy and the operation of advocacy coalitions by civil society. Specifically, Vietnam should implement the recommendations provided by the UN Human Rights Council’s independent experts in response to what they describe as Vietnam’s “undue restrictions on civil society…in violation of…international human rights law.”
- Publicly urge Vietnam to immediately and unconditionally release the four environmental defenders Nguy Thi Khanh, Mai Phan Loi, Bach Hung Duong, and Dang Dinh Bach.
- Publicly urge Vietnam to commit to stop arbitrarily arresting and detaining any additional environmental defenders, and all other human rights defenders, including journalists.
- Publicly urge Vietnam to fundamentally amend Decree 58/2022/ND-CP on international civil society groups working in Vietnam to ensure that those regulations fully comply with the International Covenant on Civil and Political Rights, to which Vietnam is a state party.
- Publicly urge Vietnam to clarify if, and in what circumstances, non-governmental development organisations are required to pay corporate tax. Specifically, the Vietnamese government should address ambiguity in and inconsistencies between the 2013 Science and Technology Law and the 2019 Law on Tax Administration in relation to the tax obligations of science and technology organisations.[1] These regulations represent a contradictory policy framework that is open to politically motivated attacks on civil society organisations.
Finally, we believe that the UN system in Vietnam has an important role to play in this process. We urge you to call on the UN Resident Coordinator and UN agencies to publicly and pro-actively demand serious improvements to the government’s atrocious human rights record and to start holding it to account. The best way that the UN can do this is by making itself more accountable to Vietnamese civil society.
Sincerely,
- Access Now
- Amnesty International
- Asia Democracy Network (ADN)
- Asian Forum for Human Rights and Development (FORUM-ASIA)
- ARTICLE 19
- CIVICUS
- Defend the Defenders
- FIDH – International Federation for Human Rights
- Frontline Defenders
- Human Rights Watch
- International Service for Human Rights (ISHR)
- Legal Initiative for Vietnam
- The 88 Project
- Safeguard Defenders
- Quê Me: Vietnam Committee on Human Rights
[1] For example, Article 143.2 (“Tax evasion”) of the 2019 Law on Tax Administration stipulates: “Failure to record the revenues relevant to calculation of tax payable in the accounting books.” Similarly, Article 200.1.b (“Tax evasion”) of the 2015 Criminal Code stipulates: “Failure to record revenues related to the determination of tax payable in accounting books.” However, Article 4.7 of the 2008 Law on Corporate Income Tax, describes “Tax-exempt incomes” as “received financial supports used for educational, scientific research, cultural, artistic, charitable, humanitarian and other social activities in Vietnam.” Similarly, Decree 218 (218/2013/NĐ-CP), providing guidance on implementation of Law on Corporate Income Tax, stipulates that only organisations that improperly use financial aid are subject to corporate income tax.
Civic space in Vietnam is rated as "closed" by the CIVICUS Monitor
