human rights

• Philippines: UN investigation needed over ongoing extrajudicial executions

  Joint Letter from over 60 organisations to member and observer States of the United Nations Human Rights Council

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  Re: UN Human Rights Council should urgently launch an independent international investigative mechanism on the human rights situation in the Philippines

  Your Excellency,

  We, the undersigned civil society organizations, write to express our continued grave concern over ongoing extrajudicial executions and other serious human rights violations in the context of the “war on drugs” in the Philippines, which continues to be fueled by incitement to violence and discrimination by the highest levels of government with near-total impunity. We urge your delegation to ensure that the United Nations Human Rights Council (HRC) responds robustly to the recent report on the situation in the Philippines by the UN High Commissioner for Human Rights when it convenes for its upcoming 45th session. Specifically, we urge you to actively work towards the adoption of a resolution establishing an independent international investigative mechanism on extrajudicial executions and other human rights violations committed in the Philippines since 2016, with a view to contributing to accountability. This would be in line with clear calls by the UN High Commissioner for Human Rights, a group of Special Procedures, the Commission on Human Rights of the Philippines, and national and international civil society.

  The UN High Commissioner for Human Rights’ report on the Philippines, published on June 4, 2020, emphasized the need for “independent, impartial and effective investigations into the killings.”1 On June 25, mandate holders from 23 Special Procedures reiterated a previous call from 2019 for the HRC to “establish an on-the-ground independent, impartial investigation into human rights violations in the Philippines.”2 The Commission on Human Rights of the Philippines, during the interactive dialogue on the Philippines at the 44th session of the HRC, called on the HRC to consider options for international accountability measures.3 National, regional, and international civil society groups have also repeatedly called for an international investigation. The human rights situation in the Philippines meets the objective criteria or “guiding principles” supported by a large cross-regional group of States at the HRC to help the Council decide, in an objective and non-selective manner, when it should take action on the human rights situation in particular countries. The annex to this letter provides details of the status of the Philippines under each criterion.

  Since President Rodrigo Duterte assumed office in June 2016, the human rights situation in the Philippines has undergone a dramatic decline. Extrajudicial executions committed in the context of the “war on drugs” continue to take place with total impunity. The High Commissioner’s report found, in line with previous findings from civil society, that the killings related to the anti-drug campaign were “widespread and systematic,” and that at least 8,663 people had been killed, with other estimates, including from the Commission on Human Rights of the Philippines, of more than triple that number.

  Attacks against human rights defenders and critics of the government – including activists, journalists, church leaders, trade union leaders, indigenous and peasant leaders and individuals who are members of groups affiliated with the political left – are frequent and persistent. Human rights defenders who have spoken out in the HRC against the “war on drugs” and other human rights violations have faced reprisals from the government. The Office of the UN High Commissioner for Human Rights (OHCHR) “verified the killings of 208 human rights defenders, journalists and trade unionists, including 30 women, between January 2015 and December 2019.”4 More recently on 17 August gunmen shot dead Zara Alvarez, a legal worker for the human rights group Karapatan, and on 10 August assailants brutally murdered Randall Echanis, a leader of the peasant group Anakpawis and longtime activist.

  The OHCHR also found that civil society organizations and the media faced constant intimidation, police raids, arbitrary arrests, criminal charges and prosecutions, and shutdowns.5 In June 2020, a Manila court convicted for libel journalists Maria Ressa and Reynaldo Santos Jr., both of the news website Rappler, which had been the subject of long-running harassment and threats from the Duterte government because of its reporting on the anti-drug campaign. Most recently, in early July, the Philippine Congress – most of whose members are allied with President Duterte – voted to deny the renewal of the broadcast franchise of ABS-CBN, the country’s largest TV and radio network, after years of explicit threats from President Duterte in part because of its critical reporting on the “war on drugs.” The recently passed Anti-Terrorism Law will institutionalize the government’s abuse of power and will create an environment in which attacks on civil society and media will be perpetuated. In his 2020 State of the Nation Address, President Duterte once again reiterated his intention to reimpose the death penalty. Bills to reintroduce the punishment are currently being reconsidered before Congress.

  To date, there has been virtually no accountability for unlawful killings committed by police and their associates or for the other above-mentioned violations. As noted in the High Commissioner’s report, “persistent impunity for human rights violations is stark and the practical obstacles to accessing justice within the country are almost insurmountable.”6 Families of victims express total helplessness in describing their inability to obtain justice for their loved ones, citing the enormous obstacles to filing cases, the continued difficulty of obtaining police or autopsy reports, and the immense fear of retaliation they experience. The climate of total impunity leaves police and other unidentified gunmen, widely believed to be associated with law enforcement agencies, able to commit further extrajudicial executions without consequence.

  President Duterte’s administration has undermined institutions that have attempted to address impunity at the national and international level and thwarted independent investigations, including in the Senate and the House of Representatives. The government’s withdrawal from the International Criminal Court, following the 2018 launch of a preliminary examination into crimes against humanity allegedly committed by the Philippine government in the context of the “war on drugs,” shows yet another way in which the authorities have sought to evade accountability.

  Not only has the government sought to evade accountability, but the President and other high-level officials have continued to encourage killings and given assurances to perpetrators that they would enjoy impunity for such killings.7 The High Commissioner’s report found that rhetoric from the highest

  levels of the government has been pervasive and deeply damaging, and that “some statements have risen to the level of incitement to violence.”8

  During the interactive dialogue at the 44th session of the HRC, the Philippine Justice Secretary announced the creation of a government panel to review more than 5,600 cases of alleged extrajudicial killings in the country.9 Unfortunately, the Philippine government has failed to ensure this panel will be independent or impartial, notably because it will be led by the Department of Justice and will have among its members the very agencies – including the Philippine National Police and the Philippine Drug Enforcement Agency – accused of being behind these human rights violations and directly implicated in the “war on drugs.” Any review findings by the panel must also be evaluated and finalized by other government agencies involved in the anti-drug campaign. The well-documented fears of retaliation experienced by victims and their families in the Philippines will further undermine the credibility of government-led reviews. Accordingly, it is our organizations’ assessment that this panel is the latest attempt by the Duterte administration to evade international scrutiny for violations rather than a sincere attempt to put an end to these human rights violations and foster national accountability.

  The HRC resolution A/HRC/41/2 on the Philippines adopted in July 2019 was an important first step to address the concerning human rights situation in the country, but a more robust response is necessary to deter further killings and other human rights violations and ensure a measure of accountability. In the absence of further Council action, the Philippine government will likely be emboldened to continue and escalate its violent anti-drug campaign and other serious rights violations, including reprisals against human rights defenders and civil society organizations, while the pervasive fear among victims and their families will only increase. Given the failure of the Philippine authorities to stop or effectively investigate crimes under international law and punish those responsible, we urge your delegation to work towards the adoption of a resolution to ensure that the Philippines remains on the agenda of the HRC and to create an independent, impartial, and effective investigation into extrajudicial executions in the context of the “war on drugs” and other human rights violations committed since 2016. The creation of such a mechanism is the only credible next step that the HRC can take to address the ongoing human rights crisis in the Philippines.

  With assurances of our highest consideration,

  1. African Centre for Democracy and Human Rights Studies
  2. Aktionbündnis Menschenrechte - Philippinen
  3. Amnesty International
  4. Article 19
  5. ASEAN Parliamentarians for Human Rights
  6. Asia Democracy Network
  7. Asian Federation Against Involuntary Disappearances
  8. Asian Forum for Human Rights and Development (FORUM-ASIA)
  9. Asian Legal Resource Centre
  10. Association for the Rights of Children in Southeast Asia
  11. Bahay Tuluyan
  12. Cairo Institute for Human Rights Studies
  13. Center for International Law (CenterLaw)
  14. Center for Legal and Social Studies/CELS
  15. Center for Media Freedom and Responsibility
  16. Center for Migrant Advocacy Philippines
  17. Child Alert Mindanao
  18. Children’s Legal Rights and Development Center
  19. Children’s Rehabilitation Center
  20. CIVICUS: World Alliance for Citizen Participation
  21. Civil Rights Defenders
  22. Coalition Against Summary Executions
  23. Commission of the Churches on International Affairs of the World Council of Churches
  24. Conectas Direitos Humanos
  25. Consortium on Democracy and Disinformation
  26. Dakila - Philippine Collective for Modern Heroism
  27. DefendDefenders (East and Horn of Africa Human Rights Defenders Project)
  28. Dominicans for Justice and Peace
  29. Families of Victims of Involuntary Disappearance (FIND) - Philippines
  30. Focus on the Global South
  31. Foundation for Media Alternatives
  32. Franciscans International
  33. Franciscan Sisters of the Immaculate Conception of the Holy Mother of God
  34. Free Legal Assistance Group
  35. Frontline Defenders
  36. Harm Reduction International
  37. Human Rights Watch
  38. In Defense of Human Rights and Dignity Movement (iDefend)
  39. International Coalition for Human Rights in the Philippines
  40. International Commission of Jurists
  41. International Drug Policy Consortium
  42. International Federation for Human Rights
  43. International Service for Human Rights
  44. Justice and Compassion Essential Ministries Team of the California-Pacific Annual Conference of The United Methodist Church
  45. Kalitawhan Network
  46. Karapatan (Alliance for the Advancement of People’s Rights)
  47. Lawyers’ Rights Watch Canada
  48. Medical Action Group
  49. National Union of Journalists of the Philippines
  50. Network Against Killings in the Philippines (NakPhil)
  51. Ontario Committee for Human Rights in the Philippines
  52. Philippine Alliance of Human Rights Advocates (PAHRA)
  53. Philippine Human Rights Information Center (PhilRights)
  54. Philippinenbüro e.V. (Cologne, Germany)
  55. Philippine Misereor Partnership Inc.
  56. Protection International
  57. Reporters Without Borders
  58. Resbak
  59. Rise Up for Life and for Rights
  60. Salinlahi Alliance for Children’s Concerns
  61. Tambayan Center for Children's Rights
  62. World Organization Against Torture (OMCT)

• Pierre C. Mbonimpa

  Pierre Claver Mbonimpa

  Name: Pierre Claver Mbonimpa

  Country: Burundi 

  Update: 

  He was provisionally released from jail but is in exile at the moment. He was shot and seriously injured on 3 August 2015 and was taken out of the country for medical treatment. His son in law, Pascal Nshimirimana, was subsequently assassinated on 9 October 2015.

  Reason behind bars:  

  Leading Burundian human rights activist Pierre Claver Mbonimpa was arrested at midnight on 15 May 2014 in Bujumbura was interrogated by prosecutors and later charged with inciting public disobedience and threatening national security on the basis of comments he made on Burundian radio station,  Radio Publique Africaine (RPA).  He is one of Burundi’s leading human rights defenders and president of the Association for the Protection of Human Rights and Detained Persons (APRODH).   The charges against him stem from comments he made on Radio Publique Africaine (RPA) on 6 May 2014 that some youth from Burundi were being armed and sent to the Democratic Republic of Congo (DRC) for military training.   Before his arrest, he was questioned by the police about the comments he had made on radio. Pierre Claver is a former police officer, a former prisoner and founded APRODH to defend prisoner’s rights and the rights of all Burundians. He is currently being detained at the Prison Centrale de Mbimpa. 

  Pierre Claver Mbonimpa (66 years old) is a leading human rights defender in Burundi and had served in the police force before 1994.   He was imprisoned for two years on the basis of false accusations and after experiencing the harsh and deplorable conditions in prison, he formed APRODH.  He has over the years campaigned against extra-judicial killings and publicly condemned the poor living conditions in Burundi’s prisons.   

  He has been a victim of judicial harassment and persecution in the past for his human rights activities and in 2010 he was summoned by the judicial authorities and interrogated about the work he was doing on the case of human rights defender Ernest Manirumva who was assassinated in 2009 while investigating allegations of corruption in the Burundian police.

   Prior to his arrest on 15 May 2014, he responded to summons from the police on 7 and 12 May and sent his lawyer to represent him on 14 May.  He was interrogated about the comments he made on RPA and was later arrested at the airport in Bujumbura on 15 May while on his way to Kenya.   He is a recipient of the 2007 Martin Ennals Award and the 2011 Henry Dunant Award.   He is a prisoner of conscience arrested and intimidated for his human rights activities.   

  For more Information 

  Joint Submission by CIVICUS: World Alliance for Citizen Participation, NGO in General Consultative Status with ECOSOC And Ligue des Droits de la personne dans la région des Grandes Lacs

  Burundi: release human rights defender Pierre Claver Mbonimpa

  Burundi: Confirmation de la détention préventive de M. Pierre Claver Mbonimpa

  Letter calling for the release of Pierre Claver Mbonimpa

• POLAND: ‘Civil society played a crucial role in ensuring the fairness of the election’

  CIVICUS speaks about Poland’s 15 October parliamentary election with Sonia Horonziak and Filip Pazderski, coordinator and head of the Democracy and Civil Society Programme at the Institute of Public Affairs (IPA).

  Founded in 1995, IPA is a leading Polish think tank and an independent centre for policy research and analysis that works to contribute to informed public debate on key Polish, European and global policy issues.

  What were the main campaign issues?

  The campaign was vicious, featuring hateful rhetoric, particularly directed at groups such as migrants. Opposition leaders, notably Donald Tusk, the head of the Civic Coalition, were targeted in every speech and interview given by members of the ruling Law and Justice party (PiS), even when it was completely unrelated to the subject matter.

  Despite the emotional nature of the campaign, opposition parties’ messaging focused on reversing the regressive changes introduced by PiS, in power since 2015. Their electoral promises included restoring the rule of law and improving cooperation with the European Union (EU) and international partners such as Ukraine, with whom relations have deteriorated in recent months. At times, however, they were caught in the trap set by the ruling party, especially regarding migration issues, and their rhetoric wasn’t always fair toward migrants. Nonetheless, the PiS campaign was way more aggressive and hateful.

  To react to that, in the final phase of the campaign the leaders of democratic opposition parties began to strongly emphasise their desire to temper social emotions and conflicts and bridge divisions. These were messages responding to the expectations of Poles, particularly from the group of undecided voters whose support was being fought for.

  What factors influenced the outcome of the election?

  Firstly, it’s crucial to note that, even though the official campaign started only weeks before the elections, PiS’s unofficial campaign has been underway for months, dominating the pre-election narrative. To this end, the ruling party extensively used public resources and received support from companies owned or controlled by the State Treasury. During the official campaign period, the public broadcaster exhibited a clear bias in favour of PiS, undermining the chances of any other party. Constant monitoring of the main news programme of the public TV broadcaster shows that PiS politicians were shown more often and only in a good light. By contrast, opposition party representatives were depicted only badly, and some very badly.

  Moreover, during the electoral campaign PiS introduced the idea of a referendum, which was clearly unconstitutional, on issues aligned with its political agenda. In the referendum, people were asked whether they approved of the privatisation of state-owned enterprises, an increase in the retirement age, the admission of immigrants under the EU relocation mechanism and the removal of the barricade on Poland's border with Belarus.

  The referendum allowed state-owned companies to engage in the electoral race and provide funding to the ruling party. This wasn’t subject to control or limitations, further contributing to an uneven and biased race in favour of PiS.

  However, the results favoured opposition parties, which secured enough seats to form a coalition excluding PiS. This indicated that people had grown tired of the hateful rhetoric and propaganda spread by the government. An IPA survey carried out earlier this year showed a significant increase in dissatisfaction with the country's political and economic situation. It was particularly high among young people and women, which contributed to their views being expressed at ballot boxes and the final outcome of the elections.

  No one expected PiS to gain enough votes to rule alone, but two possible outcomes were predicted. In one of them, PiS would be able to form a majority coalition with the far-right Confederation grouping. In the other, which eventually materialised, opposition parties would have the opportunity to govern together. A more even race might have yielded even higher results for the opposition bloc.

  How different are the parties that form the winning coalition?

  Each of the three groups forming the winning coalition – the Civic Coalition, the Third Way and the Left – comprises multiple parties. This raises the question of whether they will be able to stay together and form a unified front, or whether they will eventually split. Even though they have shared objectives, particularly those of restoring the rule of law and addressing corruption by implementing the EU’s whistleblower directive, they are divided on several issues.

  While all parties oppose the strict abortion ban introduced by PiS, the Third Way is more conservative on women’s rights, in contrast to the Left, which holds more liberal and progressive views. Harmonising positions on social contributions also presents a significant challenge: while all agree that over the past eight years PiS has drained the public budget, there is no agreement as to which social groups should receive continued support and which should see their assistance reduced. The Polish People’s Party, a member of the Third Way, could prioritise agricultural workers, while the Left might want to focus on upholding minority rights and the Civic Coalition may emphasise support for older people. But the interests of these groups can ultimately be reconciled, perhaps as a result of a compromise leaving some of the expectations of members of these groups unanswered. It will be a little more difficult to align policies aimed at supporting business activities, a particularly important issue for the Civic Coalition and the Third Way. And for entrepreneurs, the reduction of the tax burden is mostly an important issue, while the Left's ideas may lead to tax increases.

  There might also be tensions when it comes to appointing key positions and achieving a fair distribution of posts among coalition members, as several ambitious party leaders are vying for prominent roles.

  But opposition parties know people expect change. We hope they’ll be wise and prioritise crucial reforms in areas such as the rule of law and tackling corruption over personal and political disagreements. This election result also marks Poland's return to the centre of European policy debates and the possibility of unlocking much-needed funds from the EU’s National Recovery Plan.

  How did Polish civil society, including your organisation, engage with the electoral process?

  Civil society played a crucial role in ensuring the fairness of the election. Several organisations conducted extensive training for thousands of people who volunteered to become electoral observers, empowering them to oversee the elections and ensure compliance with the law. Civil society educated voters on election participation and organised several extensive campaigns to encourage turnout, especially dedicated to women and young people, resulting in a remarkable 74.4 per cent voter turnout, a record in Poland. Civil society engagement particularly contributed to increased participation by women and young people, with turnout among young people 20 per cent higher compared to previous elections. We did our best to increase people’s engagement because it’s essential to achieve a truly representative democracy.

  Another area of civil society involvement was in relation to the referendum. Almost all major civil society organisations (CSOs), including IPA, stated that the referendum was unconstitutional, manipulative, violated human rights and solely served the interests of the ruling party. We worked to inform and encourage people to vote in the parliamentary election while boycotting the referendum. This had a positive outcome: for the referendum, turnout was only 40 per cent, below the minimum validity threshold of 50 per cent, so its results were non-binding.

  Do you think the government’s relationship with civil societywill change under the new administration?

  Expectations are high for the new government to improve relations with CSOs. The PiS government propagated a narrative that part of civil society was politicised and worked against the interests of Polish nation. It was hostile towards organisations whose objectives didn’t align with government policies. During calls for public funds from ministries and government agencies, numerous well-established and renowned CSOs were excluded while organisations that had only existed for a few months or weeks and were clearly linked to PiS or its supporters were granted large amounts of money.

  Over the past eight years, civic space in Poland has not only shrunk but also shifted towards increasing support of CSOs aligned with the government’s ideology. These organisations have often received long-term support that will enable them to sustain their activities long after a change of government. Certain segments of civil society, mostly those working on human rights, anti-discrimination, LGBTQI+ rights, migrants and refugees, environmental protection and watchdog activities, have faced harassment as well as insufficient support.

  The major opposition parties have pledged collaboration with civil society and the implementation of policies formulated by CSOs across Poland in 17 thematic areas. The new government is expected to remain open to international cooperation, and not to marginalise independent CSOs but instead incorporate them into the political process, including on decision-making regarding the introduction or amendment of laws. There’s also a hope for fairer competition for public funds. We need to work on equal and non-discriminatory tools to support civil society and ensure its sustainability.

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

  International solidarity has always played a crucial role for Polish civil society, particularly during the last eight years, when many CSOs wouldn’t have survived without it. The hope is that international CSOs and agencies, including those from the EU and the USA, will keep providing support and collaborating with Polish CSOs and the new government. This support is particularly important in the areas of democracy, the rule of law and anti-corruption.

  The international community might mistakenly believe that the positive election outcome resolves all issues in Poland, potentially diverting attention to other problematic regimes. We have already been through this once, when after 2010 many foreign donors left Poland, deeming their job finished. Shortly afterwards, populist-nationalist forces returned to power and it turned out that legal mechanisms and democratic standards were not strong enough to stop them taking control of the state.

  We need to understand this is just one victory, and there is much work ahead for both Polish civil society and the international community. Some donors have already withdrawn support for activities to defend and improve civic space across Europe. It is crucial for other donors, including private foundations, to step in and support each EU member so the union can develop and thrive.

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

  Get in touch with IPA through itswebsite or itsFacebook page, and follow@ISPThinkTank onTwitter.

• POLAND: ‘If lots of tiny actions are performed by many people, we can achieve big things’

  CIVICUS speaks with Magdalena Demczak, co-founder and director of Akcja Menstruacja (Menstrual Action), about the work her organisation is currently doing to help Ukrainian refugees.

  Menstrual Action is the first Polish civil society organisation (CSO) aimed at supporting people experiencing menstrual poverty. It is estimated that limited access to menstrual products, most often for economic reasons but also due to lack of adequate hygiene conditions or education affects around 500,000 people in Poland.

  What made you decide to start helping refugees?

  What made us decide to start helping refugees was the fact that we felt so helpless when watching the news, that we felt the need to help in any way we could.

  At the beginning it was very hard for us to plan our actions because we had no idea what would happen. We were all a bit in shock at such an extraordinary situation. But we took immediate action: we supported checkpoints, raised funds and collected products that were sent to Ukraine directly, and also to the Polish-Ukrainian border. We also supported local Polish families who are hosting Ukrainian families and sites across Poland where Ukrainian refugees can seek information and legal assistance. In these locations there are people who speak Ukrainian and provide translation services.

  What are the key needs you are seeing among refugees?

  People escaping war in Ukraine are arriving in Poland with their hands empty. Right now, refugees are mostly women and their children carrying small bags, since men aged 18 to 60 are banned from leaving: they must stay to defend their country. They are not bringing much – they are just trying to escape, so all they typically have is some clothes, documents and essential medicine.

  They obviously need all kinds of things. First of all, they need shelter and transportation to get there. They also need food, clothing and baby products, among other things. As women make up a large proportion of refugees, there is also a lot of need for all kinds of feminine-care products. Women’s biological cycles – from periods to pregnancies – don’t stop because of a war. There is a massive need for period products, especially menstrual pads, because it’s very easy to forget all about pads when a war erupts and you must flee your country.

  How is Polish civil society, and Menstrual Action more specifically, working to help refugees?

  Polish civil society, and individual Polish citizens, are doing amazing things. There are lines after lines of cars at the border to pick anyone in need of transportation, willing to take them to any Polish city, free of charge of course. Hundreds of thousands are giving out rooms in their homes to Ukrainian refugees, for free and for as long as needed. There are so many amazing people and organisations out there helping refugees.

  Unfortunately, we are aware that the war in Ukraine may last a long time and even after it ends, it will take time to rebuild cities so that people can come back. This means refugees may have to stay in Poland for quite a bit. So a more systemic approach is needed.

  Since the early days, Menstrual Action has been shipping sanitary products to refugees; a few days ago, for instance, our volunteers brought 180 kilograms of sanitary pads to the Polish-Ukrainian border. Quite a few of our volunteers are now working directly at the border, not because we sent them but because they chose to go.

  But we are now ready to undertake more long-term actions. We have talked to local manufacturers of period products to buy directly from them, and we will distribute these products in various locations and communities, as well as to CSOs working with refugees. While normally we would focus on period poverty, in such an extraordinary situation we are also supporting wider groups of refugees by providing adult diapers and other sanitary products such as toilet paper.

  As an organisation, we have the capacity to provide sanitary and menstrual products. Our contribution saves other charities money that they can better spend on other humanitarian needs. Sending goods to the border can be a logistics nightmare, so if by shipping them ourselves we can save others a significant amount of money they can invest elsewhere, we feel that our work is done.

  The actions of any specific organisation will always be too small to fulfil the needs of millions of people fleeing a war. But if lots of tiny actions are performed by many people, I believe we can achieve big things.

  Have your existing capacities and resources from your ongoing work proved useful?

  Our network has proved vital. We have intensively used our connections with menstrual product manufacturers, suppliers and other charities. We regularly support hundreds of Polish schools with menstrual products, but this year we were able to send out those packages earlier than usual to make room in our warehouses and gather menstrual products to be distributed among Ukrainian refuge centres around Poland.

  Before the crisis, we started a project called Pad Sharing, which connects donors with people who need menstrual products. If you are poor and having your period, and you had to choose between food and pads, you would get food, right? So we partnered with Rossmann drugstore, put up a form for people in need to enter their name, an address to locate the closest Rossmann store, an email address and the required product and amount. We receive the form and forward it to a donor who gets the list of products needed and does the shopping. When they are done, the person in need gets a call that their order is ready for pick-up at the Rossmann drugstore of their choice. We are just intermediaries and the person who needs help remains anonymous during the whole process. We have so far supported 2,200 people this way.

  This project became vital in the current situation. We translated the Pad Sharing form into Ukrainian and shared it online. We emphasised that, due to the extraordinary situation, people can request anything from the pharmacy, not just menstrual products. We don’t provide medicine but can refer them to other organisations that do. We are aware of refugees’ needs, and so are our donors.

  Have you seen any evidence of non-white refugees being treated differently?

  I’ve seen many clips of Black people waiting at the border and read several allegations that some were refused entry into Poland. But I’m a white woman who currently isn’t even living in Poland but in the UK, so I’m extra-privileged. I didn’t cross the border, I wasn’t there and I don’t pretend to speak for non-white people or to know about their personal experiences.

  Some people have pointed out that the current attitude towards Ukrainian refugees differs from how other refugees have been treated, including Afghan refugees trying to cross to Poland from the Belarusian border. We are aware that the reaction may have been different, but Menstrual Action did help Afghan refugees at the time – we contacted and connected various organisations to help Afghan refugees.

  There is a Polish organisation called Black Is Polish, established by Black Polish women from various backgrounds, which is helping Black people and other people of colour escape Ukraine. There’s been a lot of disinformation on social media. For instance, it has been said that only people with Ukrainian passports could cross the border. This is not correct: anyone can seek refuge in Poland. This disinformation was very harmful to people of colour trying to escape Ukraine.

  I won’t deny we Eastern Europeans have many racism issues, but I wouldn’t want this to detract from the biggest issue we currently face: war in Ukraine and Vladimir Putin’s authoritarian regime. There is a disinformation war going on. The Russian Ministry of Foreign Relations has even said that Russia didn’t invade Ukraine. Russian-funded trolls are trying to instrumentalise racist incidents that have indeed happened on the border to put Ukraine on the ‘bad side’ and to justify the Putin regime and its war of aggression.

  What could people internationally be doing to help?

  The first thing they should do is follow the news through reputable sources. They must be aware of circulating disinformation and fake news. Before clicking ‘retweet’, ‘like’ or ‘subscribe’, you must think why you are getting this piece of news, where it is coming from, what the intentions are behind it and who would benefit if you spread it. Would it be beneficial for struggling people, or would it benefit the Putin regime? The international community must stay aware and cautious because it’s very easy to get lost in the news if you live far away from Ukraine.

  If you have money to donate, you should support legitimate organisations helping people inside Ukraine who cannot escape and those who chose to remain there to fight for their country. We still have an international donations systems to receive donations from anywhere around the world.

  People in other global regions are not taught a lot about the history of the Soviet Union, its beginnings and its end, and the establishment of countries such as Ukraine and Belarus. So if you can, try to learn this part of history and to understand why this part of the world looks the way it does. It’s very important to understand how the past influences the present and to make sure the worst of history does not repeat itself.

  Civic space in Poland is rated ‘obstructed’ by theCIVICUS Monitor.
  Get in touch with Akcja Menstruacja through itswebsite andFacebook andInstagram pages. 

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

  

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

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

   

• POLAND: ‘People are more understanding and supportive of LGBTQI+ issues than politicians’

   

  Following our 2019special report on anti-rights groups and civil society responses, we are interviewing civil society activists and leaders about their experiences in facing anti-rights backlash and their strategies to strengthen progressive narratives and civil society responses. CIVICUS speaks about recently established ‘LGBT-free zones’ in Poland with Bart Staszewski, a young LGBTQI+ activist. Bart works as a freelance videographer for various civil society organisations and is a co-founder and board member of the Lublin Equality March Association (LEMA), an organisation that he defines as ‘an LGBTI NGO inside the LGBT-free zone’. For the past eight years, Bart has also taken part in the struggle for marriage equality led by theLove does not Exclude Association.

  

  Photo by Przemyslaw Stefaniak

  What challenges do the LGBTQI+ community and its organisations face in Poland?

  I think the main problem is homophobia, which is growing due to the regressive government at all levels, from the national level to the very local. Governments at these different levels are using the same hate speech that we have already seen in Russia, in exactly the same wording, for example accusing LGBTQI+ organisations of disseminating ‘homo-propaganda’. We are also facing growing homophobia on public TV, which disseminates what are basically ‘fake news’ stories about us. They have even used our Facebook posts against us. For instance, during the campaign for parliamentary elections in 2019, some of us were not so positive about a candidate who happened to be the only gay candidate and wrote about it on Facebook. Quotes from our Facebook posts were then used in a campaign against this candidate, to show that even gay activists opposed him.

  They also produced a documentary, ‘Invasion’, which stated that the Polish LGBTQI+ movement is sponsored by the Hungarian-American billionaire George Soros, who according to them is paying people to attend Pride events; this is why, according to them, so many people are attending our events. They filmed this thing by having people pose as volunteers with LGBTQI+ civil society organisations (CSOs) and bring a spy camera into Pride marches. According to Polish law, CSO volunteers have to get paid a small fee, somewhere between €5 and €8, when travelling outside the city. They used this to create a story that LGBTQI+ organisations are bribing people into attending Pride marches. They do this because while homophobia is on the rise, the LGBTQI+ movement is also growing, and our events are in fact getting the biggest turnout ever, so they are looking into new ways to defame us, including by saying that people are in it for the money.

  But it is not just the government and the state media. The LGBTQI+ movement is not as afraid of the government as we are of anti-rights organisations like Ordo Iuris, a right-wing legal foundation that offers legal assistance to municipalities that are curtailing LGBTQI+ rights. They are a think tank for anti-LGBTQI+ rights and anti-women’s rights policies, supporting reinforcing marriage laws as pertaining to the union of a man and a woman, total abortion bans and divorce bans. This group is quite well connected to the government; for instance, one of its prominent members was Poland’s Secretary of State under the previous right-wing government. They are also connected to Agenda Europe, a pan-European, Christian fundamentalist network that seeks to restore ‘natural order’ and that offers an umbrella for many right-wing organisations across Europe. They say they receive no funding from the government, but they are very well funded.

  They have people who teach in schools and universities and who are running a series of campaigns against us. All of their advocacy and campaigns have turned us into easy targets. Many activists, including myself, have received death threats for denouncing homophobia. Last year the police raided the home of a woman who had created rainbow marriage stickers, like it was such a big deal. I am getting used to the idea and getting ready for something like this to happen to me too. The government has unleashed this with its homophobic rhetoric but now does not take responsibility for its consequences.

  What are the so-called LGBT-free zones, and how are they impacting on the LGBTQI+ community?

  A third of Polish municipalities have adopted resolutions ‘against LGBT propaganda’ which are essentially unwelcoming of LGBTQI+ people and practices – although the way they put it, it is as if being an LGBTQI+ person was some ‘foreign ideology’. As a result, these municipalities have become so-called ‘LGBT-free zones’. Local governments in these municipalities have issued non-binding resolutions in which they pledge to refrain from taking any action to encourage tolerance of LGBTQI+ people. While they do not have material implications in practice, their symbolic effect is huge, as they stigmatise LGBTQI+ people in a way that legitimises further attacks against us.

  In other words, ‘LGBT-free zones’ are the formalisation of homophobia, the institutionalisation of prejudice. They confirm homophobes in their beliefs and encourage them to turn them into action. The hooligans who throw stones at us during Pride marches every year will now feel empowered because the law now tells them that they are ‘protecting Christian values against homo-propaganda and ideology’. Families that don't accept their LGBTQI+ kids will now feel more confident about their hateful decisions. Teachers will feel uncomfortable when teaching content on LGBTQI+ issues in schools, now that they know that local politicians are against it – and they are the ones who make decisions on school funding. Some teachers have even asked us if they are allowed to teach anything at all related to LGBTQI+ issues after the new policies were put in place.

  An increasing number of citizens are more confident than ever that homophobia is good and something to be proud of. The idea that is being disseminated is that there is something wrong with LGBTQI+ people and you’d better be careful around them. Homophobic billboards have gone up in major cities across Poland, accusing homosexuals of molesting kids, associating them with paedophilia.

  Can you tell us about your campaign to challenge ‘LGBT-free zones’?

  Last year, as local governments were declaring ‘LGBT-free zones’ one after the other, I started thinking about how else to call attention to this given that the media was definitely not interested in homophobia as a problem. Our first campaign was in Lubin, where we created a billboard campaign called ‘Love is Love’. While it received some attention, in the end nothing changed and more ‘LGBT-free zones’ were introduced. I thought we needed to try something new. I wondered what I could do to highlight this problem. Along with my boyfriend we came up with the idea to order signs to place in ‘LGBT-free zones’, but then thought that the signs would not be enough: we needed human stories behind them, we needed to show the real people behind this struggle and inside these zones.

  So I came up with another, very simple idea. I asked LGBTQI+ individuals that I knew in municipalities that had been declared ‘LGBT-free zones’ to participate in the project. It was key that the participants were from those areas, either still living there or – if we could not find any LGBTQI+ resident – that they had at least grown up there. I asked them if I could take a few photos of them with the signs, and honestly, I initially thought that this would be just an art project, something for an exhibition. I took the first photos of LGBTQI+ people standing behind the ‘LGBT-free zone’ signposts in December 2019. I asked photographers and art people to participate in the project, but nobody seemed to be interested; they told me that it was repetitive and ‘nothing new’. In December the European Parliament voted in favour of a resolution to condemn Poland’s ‘LGBT-free zones’ and also the Polish Ombudsman made declarations about it. It was already January 2020 and I felt that nobody was interested in my project so I just uploaded some photos to Facebook page, and then created a webpage, in the hope of triggering some debate in Poland. I never imagined it would lead to a worldwide response.

  Did you get any feedback from the people you photographed regarding the ways in which anti-LGBTQI+ rhetoric and policies are affecting their lives?

  Initial reactions depended a lot on how much interest in politics people had. Some of them had not really thought about the amount of homophobia they had been coexisting with. One of my project’s participants, Kate, who was about 18 years old, first told me she did not feel anything had changed after her town had been declared an ‘LGBT-free zone’. But then I asked her how she felt in the small city that she lived in: could she hold hands with her girlfriend, go to a dance with her and dance together as a couple? And she said she could definitely not; she could not even imagine herself going out onto the street with her girlfriend. She was so deeply submerged in homophobia that she didn’t even notice it was happening.

  Homophobia can be invisible, but statistics do not lie. Many young people are committing suicide, and two-thirds of them are LGBTQI+ people. Many members of the LGBTQI+ community have suicidal thoughts and depression. Some people are being kicked out of their homes and families for being gay; their own parents view them as diseased. And all of this is happening in silence. The people behind the hate campaigns against us would never know about it. 

  Another person who joined my project later spoke to a foreign journalist that I put her in contact with, and just a week later she got death threats over Twitter and Facebook, because the name of the village she lives in appeared in the news report. Now people want to burn her house down. Such is the severity of hate.

  As the ‘LGBT-free zone’ campaign took off, several politicians from right-wing parties, as well as Ordo Iuris, appear to have notified the Prosecutor’s Office that by running it I have committed a criminal offence, but I have not yet received any official notification. For the time being, it seems that they are focused on preparing lawsuits against the Atlas of Hate, a map of anti-LGBTQI+ government resolutions in Poland put together by other LGBTQI+ activists.

  What kind of support from the international community and from civil society around the world do Polish LGBTQI+ activists need?

  Of course financial support is something that we always need, because right-wing CSOs are quite well funded, and we are not. But besides funding, we also need to put pressure on our government and the European Union (EU). European countries that have already enshrined LGBTQI+ rights and equality should support us loudly rather than quietly. This is the only thing that is working with this government. They are scared of the EU and of what other countries will say. So we need diplomacy where ambassadors tell the Polish government that they will lose funding if Poland carries on in this way. They need to constantly ask the Polish government about this and put pressure on them.

  We need a well-organised campaign. People can create petitions – I have seen quite a few, and it was a big surprise to me that many of them were launched by private individuals in France and Germany – but after one week, they are dead. In France, 10 CSOs sent a letter to President Macron to ask him to speak up loudly against ‘LGBT-free zones’ during his visit to Poland. But he didn’t say a word about ‘LGBT-free zones’ or the situation of LGBTQI+ people. Maybe he said something in private, but not in front of the media. We need big CSOs to do something about this.

  Fortunately, we are already growing in solidarity. Last year we had the biggest turnout at a Pride march in Poland. My association conducted a survey that showed that even when homophobia is at its highest in Poland, people are more supportive than ever and are marching for equality and in support of same-sex civil unions. Our biggest problem is with the politicians and not the citizens. People have the internet, they have HBO and Netflix, they are more understanding and supportive than politicians. Things are slowly changing for the best, and we need to make sure they keep going that way. But we need international support to do so, or we will end up like Hungary or like Russia in the hands of Vladimir Putin.

  Civic space in Poland is rated as ‘narrowed’ by theCIVICUS Monitor.
  Get in touch with the Lublin Equality March Association through itswebsite andFacebook page, or follow@marszlublin and@BartStaszewski on Twitter.

   

• POLAND: ‘right-wing backlash is just one side of the coin, the other being the active mobilisation of rights-oriented civil society’

  CIVICUS speaks with Krzysztof Śmiszek, a member of the Polish Parliament and chair of the Parliament’s Intergroup on LGBTI Rights, the first of its kind in Poland, about the situation of LGBTQI+ rights and activist responses to the anti-rights backlash.

  Before entering politics in 2019, Krzysztof had been an activist for almost 20 years. He is also a member of Justice and Human Rights Committee, the European Union Committee and the Polish delegation to the Parliamentary Assembly of theCouncil of Europe.

  What is the situation of LGBTQI+ rights in Poland?

  The situation for the LGBTQI+ community is really hard and complicated. In the last six years there wasn’t any progress at the legislative level so there are plenty of issues that remain unsolved, such as same-sex marriage, special legal procedures for the recognition of trans people’s identities and the prosecution of homophobic speech and hate crimes. 

  In 2015 the reins of Poland were taken over by a right-wing government and, in my opinion, the government is now using racism, xenophobia and homophobia to divide society. Since 2015 we have witnessed a rise in homophobic and transphobic speech as well as intolerant actions aimed at the LGBTQI+ community. The current government is not going to pass any legislation to make the lives of LGBTQI+ people easier.

  I believe that the LGBTQI+ community has become a scapegoat: it is them that the government blames for any problem. A few years ago, it was refugees who played this part, and now they are also being targeted once again. The government also used to blame women’s rights organisations for everything, and now the LGBTQI+ community is being accused of the worse. 

  These are very hard times for the LGBTQI+ community in Poland, because whenever you tune in public TV, read the newspaper, or navigate government websites, you see it being used as a scapegoat. We are witnessing more and more hate crimes and incidents around Poland. Last year we had presidential election and the current president campaigned on an extremely ideological homophobic platform, and he won, which means that politicians and the government now believe that homophobic and transphobic discourse brings popularity. 

  Are there any reasons for optimism in such a bleak context?

  There surely are, because right-wing backlash is just one side of the coin, the other being the active mobilisation of rights-oriented civil society. After six years of witnessing hate speech, people who normally would not have been interested in LGBTQI+ issues have started to care. Civil society is much more progressive and open than the politicians in power. As an activist I see a huge energy that goes beyond the big cities in Poland: there are formal and informal initiatives springing up everywhere.

  Although we are going through hard times, the strong civil society reaction against the government’s intolerance and homophobic discourse and agenda makes me feel optimistic. This year we had around 20 Pride events throughout the country. There is positive mobilisation within society, compared to the situation 20 years ago, when I first became an activist.

  So the situation is more complex than you would think: while Poland does have its homophobic side, with organisations fuelled with a lot of money coming from the right wing, there is also a big movement supporting LGBTQI+ organisations and activists with money, time, energy and solidarity.

  LGBTQI+ activism is using a wide range of tactics, from perfectly designed social media awareness campaigns including short movies about the normal lives of rainbow families to building connections with potential allies, even unlikely ones. A while ago an organisation working against homophobia allied with progressive Catholics, which was really smart because Poland is still regarded as a majority Catholic country. It was very wise to involve someone considered as ‘the enemy’ in the movement. There are also ongoing collaborations with politicians. 

  All the while the government spreads hate, younger generations, people between 18 and 29 years old, are increasingly normalising LGBTQI+ rights and actively and fully supporting the LGBTQI+ agenda. Of course, this does not mean that all young people are gay-friendly: as everyone else, they are divided between openness to European values and the intolerance of the radical right wing.

  What is the Intergroup on LGBTI Rights, what are its goals and priorities, and what work does it do?

  The Intergroup on LGBTI Rights includes members of different parties represented in Parliament who meet and discuss about LGBTQI+ issues. When I organise the group meetings, I perceive the interest of civil society: they want to participate and have contact with politicians. As an activist and now a politician, I view this as the wisest way to ensure progress on our agenda because having activists put pressure on politicians is something that actually works.

  One of our priorities is making Parliament a safe place for the LGBTQI+ community. We believe that Parliament belongs to voters, and as LGBTQI+ people are voters, they have the full right to be present in Parliament and have contact with politicians.

  The main challenge the Intergroup faces is to listen to the worries of the LGBTQI+ community and translate them into legislative proposals. And whenever there is a practical problem with the administration or related to action by public authorities, we are informed by representatives of the LGBTQI+ community and try to shed light on the issue with the help of the media. Politicians and parliamentarians have the power to bring media attention to specific issues.

  As for our tactics, we organise press conferences and invite government representatives, we collaborate with the European Union and the European Parliament, where there’s also an LGBTQI+ group, we keep in touch with international partners and we try to make international audiences aware of what is going on in Poland. For example, when facing proposals to declare ‘LGBT-free zones’ throughout Poland, we brought it to the attention of the European Council and showed it proof that the Polish authorities were discriminating against the LGBTQI+ community. This is something that as politicians we are able to do.

  Is that why you decided to enter politics? Having had experience as both an activist and a legislator, do you think you have been able to tackle the same problem from different angles?

  As an activist I was the one knocking on politicians’ doors and it was their choice to be open to my arguments or not. After doing this for 20 years I thought ‘enough is enough’ and decided that I should now be the one opening doors for LGBTQI+ activists. That was my motivation to get into Parliament, along with the fact that I just did not agree with what was going on in Poland in terms of respect for fundamental human rights, under attack by right-wing politicians.

  I belong to The Left, a centre-left political coalition that was founded to compete in the 2019 parliamentary election. Many of my friends who were also elected to Parliament are now recruiting people from civil society. As a result, now there are feminists who used to work at feminist civil society organisations, people who were involved in ecological movements and people like me, coming from the LGBTQI+ movement, who are playing a role in political institutions. All of us are tired of being just activists, and are now translating our experiences into the language of Parliament.

  Civic space in Poland is rated ‘narrowed’ by theCIVICUS Monitor.
  Follow@K_Smiszek onTwitter. 

• POLAND: ‘We invented new forms of protest because we had to’

  CIVICUS speaks to Klementyna Suchanow, an activist, author and researcher based in Warsaw, Poland, about the recentannouncement by the Polish governmentthat it will begin the process to withdraw from the Istanbul Convention on Violence against Women. Klementyna is one of the founders of thePolish Women’s Strikeand the International Women’s Strike. The Polish Women’s Strike is a grassroots feminist movement founded in 2016 to defend women’s rights against the government's plan to ban and criminalise abortion. Under the COVID-19 pandemic, the movement has remained united and active via a Facebook group and continues to mobilise for women’s rights in Poland.

  

  What has the situation of gender rights in Poland been over the past few years?

  We are under a conservative government and while I would never say it was paradise five years ago, the situation for women’s and LGBTQI+ rights has recently worsened. Every day you witness more verbal and physical attacks against marginalised groups. Divisions have been created along political lines and the main targets of aggression have been immigrants and LGBTQI+ people. During the campaign for 2019’s European Parliament election and this year’s presidential election the main focus has been on hate against LGBTQI+ people. The wave of hatred is very intense and dealing with it is a challenge. 

  The situation of women and women’s rights movements is slightly different. Our new strand of popular feminism is very inclusive and pragmatic. This is why so many young people have joined us in recent months. We see younger generations become more politicised and aware. So the women’s movement is in a very strong position. It is the only movement that has succeeded in forcing the government to take a step back from its idea to ban abortion in 2016, and then later around other issues. It looks like our anger scares them, but they still keep doing things to worsen our situation.

  In sum, women are experiencing setbacks in our legal situation but our power keeps growing. I am not sure if this is the case with the LGBTQI+ community, because they are a minority group and are more exposed. The situation of LGBTQI+ people is definitely getting worse on all fronts.

  Have there been further regressions on gender rights during the COVID-19 pandemic?

  Taking advantage of the pandemic, the government and other groups have made several attempts to roll back women’s sexual and reproductive rights. In May 2020, the Polish parliament proposed a bill that would remove the legal obligation for medical facilities to refer patients to other facilities if they refuse to provide abortion care based on their staff’s personal beliefs. Under current Polish law, a legal abortion can only be performed if the mother’s life is at risk, the pregnancy is a result of rape, or the foetus has a serious deformity. About 98 per cent of abortions fall under the latter category, but a bill was proposed in May to eliminate this clause. In June, new provisions in the Criminal Code imposed harsh prison sentences on those who support women by providing them with abortion care.

  The amendments to abortion laws during the pandemic came about through a civic project submitted by a fundamentalist organisation. We organised protests, which was a slightly crazy thing to do, because how do you protest during a pandemic when you are not allowed to gather? That is why we got creative: we invented new forms of protest because we had to. We staged ‘queueing protests’, standing two metres apart in a queue outside a shop close to the parliament building, to comply with lockdown regulations, while holding signs and umbrellas. This happened in several cities, not just in the capital, Warsaw. As we were not allowed to walk freely, we also organised ‘car protests’. We interrupted traffic and blocked Warsaw’s main square for about an hour.

  These protests were quite effective. The amendments did not proceed and are now ‘frozen’. They were sent to a parliamentary commission, but the commission is not working on them. They have been neither rejected nor approved. But this also means that they might come back suddenly at any point in the future, and we will have to deal with them again.

  From the very beginning this government has been clear that it does not support women’s rights and does not care about violence against women. Since the government came into power, funding to centres that help women has been cut and these centres have had to resort to crowdfunding or are surviving on private donations, because they have no access to state funding anymore. However, some progress has also taken place, as with a recently passed law, which was proposed by a leftist party, that empowers police officers to issue an order to forbid perpetrators of violence from entering the household of the victim for 14 days. This has helped immediately separate victims from perpetrators.

  On the other hand, over the past several months we have seen announcements from the authorities that they are thinking about pulling Poland out of the Council of Europe Convention on preventing and combating violence against women and domestic violence, known as the Istanbul Convention. In the beginning we didn’t take it too seriously. But it is always like this: first they test the waters to see how far they can go, and if they don’t find too much resistance they start pushing forward. During the presidential campaign and election, the topic was not raised, but only a week afterwards it became an issue. Many serious developments, such as arrests of activists, took place right after the election.

  Now the situation is becoming serious. Announcements have been made by several ministers and the president has approved the idea to withdraw from the Istanbul Convention. There is also a lot of propaganda on state media to convince people that this Convention is about so-called ‘gender ideology’. However, surveys show that over 60 per cent of the population is against leaving the Convention compared to only 15 per cent who support the idea. Half of those who oppose leaving the Convention voted for the ruling party. It is weird that they are pushing this so far because it’s against the views of their own voters.

  As someone who was at the forefront of the2016 women’s strike in Poland, how do you feel about the current situation?

  We are so used to hearing bad news that we weren’t surprised with this latest announcement. The situation in Poland is such and so many bad things happen every day that you become immune to bad news.

  During the pandemic everything has been highly political. Instead of focusing on taking care of people’s health, everything became politicised. The presidential election was supposed to be held in May, and there was a lot of discussion about whether it should be held; it was finally postponed to late June. The ruling party knew that it was losing popularity because the health system is not efficient enough and the minister of health himself made huge money by supplying masks and medical equipment. This is why the ruling party pushed to have the election as soon as possible, before it lost too many votes. And instead of taking care of our safety and lives, the ruling party focused on its own political agendas. The attempts to ban abortion were very upsetting and disappointing because you expect more responsibility from your government at such a critical time.

  I knew people were tired of mobilising, so I was surprised to see so many come out to defend the Istanbul Convention, which became a national topic of discussion in the media and everywhere. A lot of positive energy has been created around this and is giving us the strength to try and stop it.

  We have been protesting for five years now. Protest has its own dynamics: you have to feel the moment and decide how to react; sometimes you give it a try and it doesn’t work out. It’s always an experiment. But right now, we feel that there is real energy and a momentum we need to ride on. There is a lot of interest from foreign media, and this topic has become the focus of attention. This is slightly strange because every time we tried to do something on violence against women in the past, it was very hard to get people to mobilise on the streets. There is something about violence that makes it difficult to translate feelings into street action. While many people experience it or know somebody who has been a victim, they don’t like to react to it. Many times in the past we failed when organising things on the topic of violence, but this time people took it up. We might now have a chance to defend the right to a life free from violence and make this a problem for the government.

  Do gender rights activists in Poland currently experience any restrictions on their right to organise, speak up and mobilise?

  I am a writer and artist, and as a result of my activism I am cut off from state grants. There are no state institutions that want to work with me right now because if my name shows up on their list, it becomes a problem for them. You could also be arrested or be taken to court by a right-wing legal foundation such as Ordo Iuris. Of course, there is also hate speech: the government uses your name and your image for propaganda on state media, and you can also be attacked by trolls on social media. Police can hurt you, as happened to me at one protest in 2018. This situation came about gradually, but at this point there is a wide range of forms of repression that you can experience. For the time being, however, I haven’t heard of feminist activists facing physical attacks from civilians.

  I am one of the activists who started taking direct action against the government, so there are a lot of things that I am being accused of. Ordo Iuris does not like me because I wrote a book exposing the international fundamentalist network that it is part of. I am on the list of their enemies, but so far, I have not been sued by them. They say they are working on their list of accusations against me, because there are so many. During our latest protest, members of Ordo Iuris approached a police officer and tried to convince him that I should be requested to show my identification. But the police in Warsaw know us, they know our faces, they knew that I had not done anything illegal during the protest and refused their request.

  In which ways can civil society hold accountable an increasingly authoritarian government such as Poland’s, and what support from international civil society does it need to do so?

  Regarding the Istanbul Convention, we are trying to convince the international community that European funds should be allocated bearing in mind the actual human rights compliance records of each member of the European Union (EU). A new instrument introduced in the EU established that funding should be linked to adherence to democratic principles and practices. We are trying to convince the Council of Europe, the source of the Istanbul Convention, to introduce similar measures towards the governments that are relinquishing their people’s rights. It’s all about linking funding to human rights compliance. Money is the only language governments will understand. Six Polish cities are currently not receiving European funds following their declaration of so-called ‘LGBTI-free zones’, which is considered an act against human rights. We would like to raise this question, together with Turkish women, who are facing a similar battle against their government’s initiative to withdraw from the Istanbul Convention. You cannot be destroying human rights, like Hungary and Russia are doing, and still be treated by the Council of Europe like anyone else, as a partner in the conversation. So, this is a new approach that we are trying to make people understand.

  We want international civil society organisations to lobby local politicians so they become aware that the issues of human rights and funding need to be considered together. The Council of Europe also needs to understand this so we can set a precedent and in the future women here and in other countries will be protected. If we have an authoritarian government that does whatever it wants, even if citizens don’t agree, we need to have some protections from abroad. All we find in Poland is repression, so we need somebody from outside to be on our side and not leave us alone.

  Civic space in Poland israted as ‘narrowed’ bytheCIVICUS Monitor.
  Get in touch with the Polish Women’s Strike through itsFacebook page and follow@strajkkobiet and@KSuchanow on Twitter.

• Poland: complete failure in implementing civic space recommendations

  Statement at the 52nd Session of the UN Human Rights Council 

  UPR outcome adoption - Poland

  Delivered byKinga Lozinska            

  Thank you, Mr President.

  The Committee for the Defence of Democracy (KOD) and CIVICUS welcome the government of Poland's engagement with the UPR process.

  Since its last review, however, Poland has not implemented any of the recommendations relating to civic space and we are deeply troubled to see that Poland rejected 7 recommendations and only accepted 1 of the 11 recommendations it received during this cycle.

  We are concerned by the ruling Law and Justice (PiS) party’s dismantling of judicial independence and the rule of law, which has been used as a tool to violate civic freedoms in Poland. Women human rights defenders (WHRDs) advocating for reproductive justice are facing judicial harassment and intimidation. Recently, abortion rights activist, Justyna Wydrzyńska was found guilty of aiding an abortion and sentenced to 8 months community service. We are further alarmed by the repeated attempts to diminish media independence through restrictive legislation, government allies acquiring ownership of major media outlets and the filing of Strategic Lawsuits Against Public Participation (SLAPPs) against independent media.

  As a result of these developments, civic space in Poland is currently classified as ‘obstructed’ by the CIVICUS Monitor, indicating the existence of significant civic space restrictions.

  Mr President, the Committee for the Defence of Democracy (KOD) and CIVICUS call on the Government of Poland to take concrete steps to address these concerns, including by:

  • Immediately and unconditionally drop charges against all human rights defenders and ensure that government officials and non-state actors perpetrating intimidation and harassment against WHRDs and LGBTQI+ defenders are effectively investigated.
  • Refrain from further persecuting independent judges who uphold the rule of law and drop all criminal charges against them.
  • Drop all SLAPPs against journalists and media outlets and refrain from further legal harassment against independent media

  We thank you.

  ---

   Civic space in Poland is rated as "Obstructed" by the CIVICUS Monitor. 

• PORTUGAL: ‘The rise of the populist right only further weakens trust in the political system’

  Also available in Portuguese

  CIVICUS speaks about early elections taking place in Portugal on 10 March with Ana Carmo from Akto, a Portuguese civil society organisation that promotes human rights and democratic values through advocacy, campaigning and education.

  What are the main issues the new government will have to deal with, and how are candidates proposing to address them?

  The most pressing issues that should be addressed by the new government and have been central to election debates are housing, health, pensions, education, immigration and the climate crisis. There are several other issues that are also on the agenda and should be addressed, including some related to the police and the justice system.

  These are issues that allow for very different answers depending on where you are on the ideological spectrum. The more left-wing parties propose measures that require greater state intervention and public investment, while those towards the right present proposals that benefit the private sector and investors, and require less state intervention, arguing this will lead to economic growth and subsequently greater wellbeing.

  Portuguese politics tend to revolve around two parties, the Socialist Party (PS) and the Social Democratic Party (PSD), both close to the centre. In this campaign, Pedro Nuno Santos, head of the PS ticket, has put forward proposals that are further to the left than usual for the PS, while Luís Montenegro, who leads the ticket of the Democratic Alliance (AD), a coalition led by the PSD, has followed his party’s usual ideological line.

  What’s more, the PS is wearing out, perhaps due to its eight consecutive years in power, while the PSD, instead of preparing to succeed it, is also getting weaker. Instead, more radical right-wing parties are growing, notably Chega, identified as a ‘catch-all’ party, ideologically amorphous, populist and opportunistic, which adapts its discourse to whatever allows it to win the most votes.

  A climate of discontent, frustration and perhaps revolt has led more and more people to vote for Chega as a form of protest. However, the growth of a party like Chega only further weakens trust in the political system.

  Have disinformation or hate speech been a problem during the campaign?

  There have been problems with disinformation, particularly spread by Chega, whose discourse is not based on facts. That’s why we often hear false statements or fallacious ideas coming from its leader and members of parliament. Chega has been running an anti-immigration campaign that appears to have instigated hate speech and expressions of xenophobia within society. On 3 February, a far-right march against the ‘Islamisation of Europe‘ took place in Lisbon’s Martim Moniz neighbourhood, an area known for its multicultural diversity. The march was banned by Lisbon City Council and the courts for its content and the danger it posed to citizens. Nevertheless, people still took to the streets.

  Some media and the other political parties are making an effort to challenge fallacies about immigration, emphasising that the truth is that Portugal is a country of emigrants. They also highlight positive facts about immigrants, such as their great contribution to Portuguese social security, which allows pensions to be paid. It is a very strong argument in favour of immigration.

  During its campaign, Chega also made the absurd and impactful proposal to ‘end support for gender equality’. This statement once again needed a deconstruction and fact-checking effort by the media and forced the other political parties to take a stand.

  With the increasing spread of ‘fake news’, Portuguese media have set up fact-checking programmes to help counter the trend and maintain journalistic rigour. However, disinformation campaigns are more difficult to combat on social media, where Chega has succeeded in meddling. Because of this, polls point to a significant percentage of young people potentially voting for this populist party that jeopardises our fundamental rights.

  To encourage debate about ideas, Portuguese media joined forces to organise political debates between the leaders of all parties represented in parliament, as they did in 2015. In the version implemented this year, candidates debate each other for around 25 minutes and these debates are broadcast and commented on in various news channels. This allows civil society to be better informed about their choices and people have shown interest, because debates have received top ratings.

  What do you think the result of the elections could be?

  Since the resignation of Prime Minister António Costa in November 2023 due to a corruption investigation that implicated him in influence peddling, corruption and malfeasance in energy projects, the political landscape has become increasingly unpredictable.

  First, as he was elected PS leader, Nuno Santos was viewed as Costa’s unequivocal successor as prime minister, due to his charisma as well as the fact that his party had an absolute majority. Montenegro, in comparison, is not a charismatic leader and has had a career of setbacks. The PSD has been losing strength to more radical and populist parties such as Chega and Liberal Initiative, which is not seen so much as a populist party and still has space on the spectrum of the political right. The PSD doesn’t want to ally itself with Chega, and Liberal Initiative rejected a coalition with the PSD, causing it to ally with the CDS-Popular Party and the Monarchist Party.

  By entering a coalition with two parties without parliamentary seats, the PSD resurrected a 1979 solution in an attempt to confront the PS’s absolute majority. But even so, it didn’t initially gain the ground it wanted.

  The left has also lost relevance: the Left Bloc currently has five parliamentary seats, the Portuguese Communist Party has six and Livre has one.

  In the presence of a left that some commentators describe as ‘asleep’, a one-party centre bloc and a right without an assertive leader, Chega is the only party flourishing.

  In late 2023, opinion polls pointed to a new PS majority, but since the formation of the AD coalition, some polls suggest a potential AD victory. At the moment, there is great uncertainty and the large number of undecided voters will potentially decide the country’s direction. Every time there is a new electoral debate, new trends emerge. In the last debates he took part in, Nuno Santos called for a ‘useful vote’ in fear of a victory for AD and the right.

  What are your expectations for the post-election period?

  Depending on which party wins, the majority it gets, the coalitions that are formed and the number of seats that the opposing parties manage to obtain, there are various possible scenarios.

  These legislative elections could lead to Portugal joining the trend we’ve been seeing across Europe with far-right and populist parties entering government, or they could lead to Portugal standing out with a more socialist and left-wing government. And even these two scenarios are reductive, because the outcome will also depend on the composition of the parliamentary opposition, which is so important for the proper functioning of our democracy.

  ---

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

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

• PORTUGAL: ‘These elections have reminded us that democracies are fragile and imperfect’

  PORTUGUESE

  CIVICUS speaks about the results of Portugal’s 10 Marchelectionwith Ana Carmo ofAkto, a Portuguese civil society organisation that promotes human rightsand democratic values through advocacy,campaigning and education.

  What were the key election campaign themes and the main parties’ proposals?

  Parties’ campaigns for the 10 March election focused on issues such as housing, health, economic growth, education, social protection – particularly pensions – and the fight against corruption. During debates, other issues were also addressed, such as negotiations with the police – who held some protests and covertly threatened to boycott the election, the formation of coalitions, an issue that arose based on polling data, and the country’s governability.

  This election campaign was very atypical and perhaps because of this, equal attention was given to all parties with parliamentary representation, something unusual in Portugal, where competition has been mostly bipartisan, between the Socialist Party (PS) and the Social Democratic Party (PSD). Discussion of political coalitions forced us to think about politics in ideological terms, with major contenders placed on the left, right and far right.

  The contest for the prime minister position was between Pedro Nuno Santos of the PS and Luís Montenegro of the PSD as part of the Democratic Alliance (AD) coalition. Nuno Santos’ main proposals placed him as the continuation of the incumbent government with a focus on strengthening public investment on all of the campaign’s focus areas. His strategies to deal with the key issues included negotiation, strengthening institutions and greater public investment in public policy. Luís Montenegro, in comparison, centred his campaign on strengthening and stimulating the private sector, establishing public-private partnerships and reducing personal income tax and corporate income tax rates to encourage investment.

  It’s important to note that the campaign saw little discussion of proposals or in-depth analysis of political programmes. The pitch-style debates didn’t take us beyond the headlines, creating some confusion as it was hard to tell the political programmes of the different parties apart. Following the debates, the over-abundance of commentary on all TV channels, each with its own bias, also contributed to the confusion of ideas. Even so, and contrary to what was expected due to the presence of a populist party, the debates and the other parties’ campaigns managed to maintain a good level of cordiality and political seriousness.

  What led to the AD and PS winning almost the same number of seats?

  The wear and tear of the PS government became very apparent during the campaign. Despite Nuno Santos’ great effort to disassociate from former Prime Minister António Costa and present himself as the party’s new face, many people were unhappy and didn’t trust the PS.

  According to polls, the number of undecided voters increased as election day approached. The media’s excessive and sensationalised coverage may have contributed to this. With so many people undecided, confused and saturated, an expression of a desire for change was to be expected.

  However, it’s important to remember thattwo years ago the PS won an absolute majority in an election that came about because the Left Bloc rejected the state budget. But it subsequently failed to satisfy people’s major needs, and for the second time its government fell, leading to elections. Nuno Santos’ political ability and perceptions of him, the other parties’ campaigns, leaning mainly towards the right, the influence of mainstream and social media and the European and international context all contributed to a paradigm shift. The fact that, as a result, the PS went from 120 parliamentary seats to around 76 has far-reaching implications.

  What are the consequences of this tie?

  As a result of the technical tie between the AD and PS, the climate of uncertainty that dominated the campaign continues. If parties are faithful and uncompromising with their positions and their word, it’s very likely that there will be another election in November because the state budget won’t get approved. If this happens, another highly likely scenario is that the far-right Chega party will continue to gain ground and further strengthen its position in parliament.

  So this is a critical moment and a window of opportunity for Portuguese democracy to prove its strength – or weakness. Will political parties be able to engage in dialogue for the sake of political stability? What will their approach be to dealing with a populist party that has become a solid third political force? Will the centre bloc be maintained?

  If these elections have reminded us of anything, it is that democracies are fragile and imperfect. We’ll see what capacity we have to adapt to democracy’s new contours.

  How worrying do you find Chega’s performance?

  Chega’s performance has been similar to that of its counterparts in other countries: Donald Trump’s Republican Party, Jair Bolsonaro’s Liberal Party, Viktor Orbán’s Fidesz, Marine Le Pen’s National Rally and Matteo Salvini’s Northern League. Its growth is not surprising – it’s even predictable. This is a party that feeds on fear, disinformation and revolt, and follows thegrowth of similar parties across Europe. Its tactics are no different from those used by other far-right parties.

  Chega attracts historical revanchists, xenophobes and racists, the angry and the disaffected. The Algarve region, a district won by Chega, is an example of a region that resents the way it’s been treated by successive governments. This is a region that’s very much affected by seasonal changes and experiences constant failures in dam management, leading to water shortages. Its feeling of being abandoned may explain the election result.

  The growth of a populist party is always worrying, as history can attest. It’s all the more concerning given that Portuguese democracy is still young. Just as we celebrate the 50th anniversary of the 25 April Carnation Revolution when our democracy was born, we are faced with narratives and behaviours that go against the principles of our democracy and our rights and freedoms. The growth of a far-right party is particularly concerning when it comes to the most excluded people: women, the lower and lower-middle classes and young people. That’s why the majority of its voters are male.

  How did civil society engage with the elections and how has it reacted to the results?

  Despite the high percentage of undecided voters, abstention appeared to decrease. Abstention has always been a concern, hovering around 40 per cent, but historic figures are not accurate due to the unusual number of non-habitual residents and newly registered voters. In these parliamentary elections, abstention was around 34 per cent, but turnout wasn’t up significantly from previous years.

  Until the new government takes office, it’s difficult to gauge civil society’s reaction to the election results. There is indeed great concern about the growth of the far right, but if these were protest votes, to what extent can we deduce that voters are satisfied with the result? There is a desire for change, but we don’t know if the desired change will materialise.

  When will a new government be formed, and what role might Chega play in it?

  It’s not certain there will be a coalition government. Montenegro repeated several times during and after the campaign that he will not enter into a coalition with Chega, and for the PS it doesn’t pay to form a coalition with left-wing parties, as the number of right-wing MPs remains higher or the same. Chega has said on a number of occasions that it would never enter into a coalition, but we are talking about a party that says everything and its opposite, and after the elections it has been pushing for a coalition with AD and says it’s willing to govern together.

  Chega’s role will depend more on how the other parties deal with its existence than on its own actions. The other parties have created a firewall around Chega, which has ended up strengthening its presence, and they have shown there’s no desire for this party to be part of a political solution. The PS is focused on being the leader of the opposition. Whether it succeeds in doing so and how effectively will determine the Portuguese political scene.

  Would a government that includes the far right pose a real danger to fundamental rights and freedoms?

  It depends on how it is included and with what intentions. If AD coalesced with Chega and adopted its ideological line, there would be a real risk.

  It’s not desirable for there to be a reactionary force with racist, xenophobic, sexist and revanchist discourse in parliament, but there are ways to mitigate this. Portugal lived through 41 years of dictatorship and has been a democracy for 50 years. It is because of the nature of our past dictatorship experience that our constitution forbids fascist parties and recalls the overthrow of the fascist regime in its preamble.

  Portuguese political history shows that there has been more progress in guaranteeing fundamental rights and freedoms with left-wing socialist governments in power than with right-wing social democratic governments.

  When we consider the speeches and proposals of the far right, fundamental rights and freedoms are called into question. However, as a democratic country, there is room for a party like this to exist, just as there are many other parties in opposition that are fiercely in favour of extending these fundamental rights and freedoms. It is up to democracy to demonstrate that it defends these rights and freedoms.

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

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

• President of the UN General Assembly’s Civil Society Town Hall

  On 17 Novemner, Abdulla Shahid, President of the 76th session of the United Nations General Assembly shared his priorities and perspectives for the 76th Session and civil society engagement during the Civil Society Townhall Meeting (see event more information).

  Mandeep Tiwana, Chief Programmes Officer at CIVICUS delivered the first key note address.  Mandeep's recommendations on how  to build back better after the COVID-19 pandemic below:

• Prevention should be at the core of the Council’s approach to human rights crisis

  Statement at the 52nd Session of the UN Human Rights Council 

  General Debate Item 4

  Delivered by Sigrid Lipott

  Thank you Mr President,

  CIVICUS is convinced that the Council should play a more assertive role in preventing rather than reacting to human rights crisis, and the rapid deterioration of civic space is the first early warning sign on which the Council should act.

  The rapid turn of events after President Castillo’s arrest has deepened Peru’s long-term institutional crisis and sparked protests in the country met with excessive and deadly force by the police. This is far from isolated as it represents a recurrent issue in regard to the policing of demonstrations. Human rights defenders (HRDs) in Peru continue to face violence, in particular Indigenous and environmental defenders.

  In Zimbabwe, ahead of the July 2023 elections, civic space is under severe attack with increasing restrictions targeting civil society and opposition groups. Raids and suspension of civil society organisations (CSOs) registration have become commonplace. The Private Voluntary Organisation (PVO) Amendment Bill represents a great threat to freedom of association and is an attempt by the authorities to target civil society groups that have often raised concerns about violence related to elections.

  In India, the authorities continue to use the draconian Foreign Contribution Regulation Act (FCRA) to target CSOs, block foreign funding and investigate organisations that are critical of the government. Human rights defenders and activists are harassed and detained under the Unlawful Activities (Prevention) Act (UAPA) and other restrictive laws; journalists continue to be targeted and in Jammu and Kashmir, prominent human rights defender Khurram Parvez remains in detention.

  We call on the Council to address these worsening situations and prevent further deterioration. 

  We thank you. 

• Priorités de plaidoyer à la 43ème session du Conseil des droits de l'homme des Nations Unies

  Le Conseil des droits de l'homme se réunira pendant quatre semaines, du 24 février au 20 mars, et un certain nombre de résolutions critiques sur les droits de l'homme seront débattues et présentées aux 47 membres du Conseil. CIVICUS conduira et présentera des témoignages sur une variété de questions thématiques et de pays. Vous trouverez un aperçu complet ci-dessous ou vous pouvez directement consulter notre programme d'événements.

   

  Situations spécifiques à certains pays

  Nicaragua (Notation de l’espace civique : Réprimé)

  Nos membres sur le terrain ont documenté de graves violations des droits humains, notamment des attaques contre les libertés fondamentales et contre les défenseurs des droits humains et les journalistes. Un rapport publié l'année dernière par le HCDH, mandaté par une résolution adoptée en 2019, a reflété cette situation et a recommandé un renforcement de la surveillance et de la communication de l'information par les Nations Unies. Étant donné le manque de volonté politique dans le pays pour coopérer avec les mécanismes régionaux et internationaux, et la situation préoccupante sur le terrain, CIVICUS appelle les États à soutenir une résolution sur le Nicaragua qui demande au moins un tel renforcement des activités de suivi.

  Sri Lanka (Notation de l’espace civique : Réprimé)

  C'est un moment critique pour le Sri Lanka, qui craint que la nouvelle administration, arrivée au pouvoir l'année dernière, ne revienne sur ses engagements en matière de droits humains et de responsabilités, mandatés par le Conseil. La résolution adoptée lors de la 30^ème session du Conseil des droits de l'homme reste le seul processus en place qui pourrait garantir la justice pour les victimes de violations des droits humains. L'espace civique se referme à un rythme alarmant - depuis l'arrivée au pouvoir de la nouvelle administration, les membres de la société civile sur le terrain ont été menacés et intimidés, leurs dossiers ont été détruits, et des défenseurs des droits humains et des journalistes ont été attaqués. CIVICUS appelle les États à encourager la coopération entre le gouvernement du Sri Lanka et les mécanismes internationaux des droits de l'homme, et les membres du Conseil à réaffirmer leur engagement envers la résolution 40/1, qui met en place des engagements assortis de délais pour mettre en œuvre les mécanismes de responsabilisation de la résolution 30/1.

  Iran (Notation de l'espace public :Fermé)

  En 2019, l'Iran s'est livré à une série de protestations contre le manque de libertés politiques et démocratiques et la détérioration de la situation économique. Les manifestants ont été confrontés à une violente répression par des arrestations massives et une force meurtrière. Les développements géopolitiques actuels ont renforcé le régime et exacerbé l'insécurité interne. Cette session du Conseil des droits de l'homme discutera du renouvellement du mandat du rapporteur spécial sur l'Iran. CIVICUS soutient le renouvellement du mandat du Rapporteur spécial et encourage les États à faire part de leurs préoccupations quant à l'utilisation de la force meurtrière dans les manifestations.

  Inde (Notation de l’espace civique : Réprimé)

  Le dernier rapport de CIVICUS a dégradé la notation de l'Inde en matière d'espace civique. Une loi sur la citoyenneté controversée et discriminatoire a donné lieu à des manifestations de masse dans tout le pays, qui ont fait l'objet de violentes répressions, faisant de nombreux blessés et au moins 25 morts. Le Jammu-et-Cachemire reste soumis à une répression sévère, notamment par la fermeture prolongée d'Internet qui en est à son sixième mois. Internet a été partiellement rétabli en janvier, mais des restrictions subsistent, ce qui fait de cette fermeture la plus longue jamais enregistrée dans une démocratie. Les fermetures d'Internet sont également utilisées dans tout le pays afin d'entraver la liberté de réunion pacifique. CIVICUS encourage les États à faire part de leurs préoccupations concernant l'Inde et à demander une enquête sur la répression violente des manifestations pacifiques, ainsi qu'à abroger les dispositions discriminatoires de la loi sur la citoyenneté.

  Mandats thématiques

  Le Rapporteur spécial sur les défenseurs des droits de l'homme

  Le mandat du Rapporteur spécial sur les défenseurs des droits de l'homme sera renouvelé lors de cette session. Il s'agit d'un mandat crucial qui a un impact sur tous les domaines d'intervention de CIVICUS, et nous encourageons les États à co-parrainer la résolution à un stade précoce. Le Rapporteur spécial présentera son rapport annuel sur les défenseurs des droits de l'homme dans les situations de conflit et d'après-conflit, et rendra compte de ses visites en Colombie et en Mongolie. CIVICUS encourage les États à affirmer leur co-parrainage de la résolution dès le début de la session.

  Liberté d'expression

  Le mandat du Rapporteur spécial sur la liberté d'expression doit être renouvelé lors de cette session, à un moment où les coupures d'Internet sont de plus en plus utilisées comme une tactique pour limiter la liberté d'expression, l'accès à l'information et la liberté de réunion pacifique. Nous encourageons les États à co-parrainer le renouvellement de cet important mandat à un stade précoce.

  Liberté de religion et de croyance (FoRB)

  Le Rapporteur spécial sur la liberté de religion et de croyance présentera son rapport annuel, qui cette année se concentre sur l'intersection de la religion et de la croyance, du genre et des droits OSIG, et rendra compte des visites de pays au Sri Lanka et aux Pays-Bas. CIVICUS s'intéressera au Sri Lanka et à l'Inde, qui ont tous deux connu des évolutions en matière de liberté de culte.

  Prévention

  Le président-rapporteur de deux séminaires intersessionnels sur la contribution que le Conseil peut apporter à la prévention des violations des droits de l'homme présentera le rapport de ces séminaires.

  CIVICUS soulignera le lien entre l'espace civique et la prévention - le fait que les fermetures dans l'espace civique sont souvent des précurseurs de crises plus larges des droits humains, et qu'en intervenant au niveau de l'espace civique, le Conseil a un rôle à jouer pour assurer la prévention de ces violations des droits humains.

  CIVICUS et les événements des membres lors de la 43^ème session du Conseil des droits de l'homme des Nations unies (les événements seront retransmis en direct sur lapage Facebook de CIVICUS):

  Le 27 février (11h00 UTC+1, salle VII), un événement parallèle discutera de la situation critique actuelle au Nicaragua, et de l'importance d'un mandat de surveillance renforcé.

  Le 2 mars (14:00 UTC+1, Salle VII), CIVICUS et ses partenaires organisent un événement sur la crise de l'espace constitutionnel et civique en Inde.

  5 mars (13:00 UTC+1, Salle VII),CIVICUS co-parraine un événement mené par ICNL et les partenaires du consortium Civic Space Initiative sur la lutte contre le financement du terrorisme tout en préservant l'espace civique.

  Le 12 mars (12h30 UTC+1, Salle XXI), CIVICUS co-parraine un événement parallèle sur l'utilisation de la force meurtrière dans les manifestations en Iran et en Irak, et les réponses de la communauté internationale.

  Membres actuels du Conseil :

  Afghanistan; Afrique du Sud; Angola; Arabie Saoudite; Argentine; Australie; Autriche; Bahamas; Bahreïn; Bangladesh; Brésil; Bulgarie; Burkina Faso; Cameroun; Chili; Chine; Croatie; Cuba; Danemark; Égypte; Érythrée; Espagne; Fidji; Hongrie; Inde; Irak; Islande; Italie; Japon; Mexique; Népal; Nigeria; Pakistan; Pérou; Philippines; Qatar; République démocratique du Congo; République tchèque; Royaume-Uni et Irlande du Nord; Rwanda; Sénégal; Slovaquie; Somalie; Togo; Tunisie;  Ukraine; Uruguay.

• Public Development Banks can’t drag their feet when it comes to building a sustainable future

  A coalition of civil society organisations is demanding public development banks (PDBs) to take radical and innovative steps to tackle human rights violations and environmental destruction. No project funded by PDBs should come at the expenses of vulnerable groups, the environment and collective liberties, but should instead embody the voices of communities, democratic values and environmental justice.

  The demands, part of a collective statement signed by more than 50 civil society organisations, come as over 450 PDBs gather in Abidjan, Ivory Coast, from October 19th, for a third international summit, dubbed Finance in Common.

  The COVID-19 pandemic and climate emergency, coupled with human rights violations and increasing risks for activists worldwide, is bringing the need to change current practices into even sharper focus. While public development banks may drag their feet on addressing intersecting and structural inequalities, civil society organisations are taking actions aimed at creating dignified livelihoods by embedding development with concrete affirmative measures towards climate, social, gender, and racial justice.

  PDBs cannot be reluctant to act. They need to hit the target when it comes to supporting the transformation of economies and financial systems towards sustainability and addressing the most pressing needs of citizens worldwide – from food systems to increasing support for a just transition towards truly sustainable energy sources. PDBs must recognise that public services are the foundation of fair and just societies, rather than encouraging their privatisation and keep austerity narratives alive.

  9 out of 10 people live in countries where civic freedoms are severely restricted, and with an environmental activist killed every two days on average over the past decade, development banks have an obligation to recognize and incorporate human rights in their plans and actions, following a “do not harm” duty.

  Communities cannot be left out of the door. They need to be given the space to play the rightful role of driving forces in the answers to today’s global challenges, without them PDBs will move backwards rather than forward – and this means more environmental degradation, less democratic participation, and to put it bluntly an even greater crisis than the one we are facing today. And nobody needs that.

  The recommendations in the collective civil society statement emerge from a three-year process of engagement and exchange, involving civil society networks in an effort to shape PDBs policies and projects. You can find some of their words and messages below.

  As the call for accountability grows, the Finance in Common summits are an opportunity for PDBs to show moral leadership and help remedy the lack of long-term collaborations with civil society, communities and indigenous groups, threatening to curtail development narratives and practices.

  Quotes

  Oluseyi Oyebisi, Executive Director of Nigeria Network of NGOs (NNNGO) the Nigerian national network of 3,700 NGOs said:“The Sahara and Sahel countries especially have been facing the most serious security crisis in their history linked with climate change, social justice and inequalities in the region. Marked by strong economic (lack of opportunities especially for young people), social (limitation of equitable access to basic social services) and climatic vulnerabilities, the region has some of the lowest human development indicators in the world – even before the covid pandemic. Access to affected populations is limited in some localities due to three main factors: the security situation, the poor state of infrastructures and difficult geographic conditions. PDBs must prioritise civil society organisations and Communities initiatives supporting state programs of decentralization, security sector reforms and reconciliation. This will help reduce the vulnerability of populations and prevent violent extremism.”

  Mavalow Christelle Kalhoule, Forus Chair and President of Spong, the NGO network of Burkina Faso said: “Development projects shape our world; from the ways we navigate our cities to how rural landscapes are being transformed. Ultimately, they impact the ways we interact with one another, with plants and animals, with other countries and with the food on our plates. The decisions taken by public development banks are therefore existential. Such responsibility comes with an even greater one to include communities directly concerned by development projects, those whose air, water and everyday lives are affected for generations to come. For this to happen, public development banks must reinforce their long-term efforts to create dialogue with civil society organisations, social movements and indigenous communities in order to fortify the democratic principles of their work. We encourage them to listen, to ask and to cooperate in innovative ways so that development stays true to its original definition of progress and positive change; a collective, participative and fair process and a word which has a meaning not for a few, but for all."

  Tity Agbahey, Africa Regional Coordinator, Coalition for human rights in development said: "Many in civil society have expressed concerns about Finance in Common as a space run by elites, that fails to be truly inclusive. It is a space where the mainstream top-down approach to development, instead of being challenged, is further reinforced. Once again, the leaders of the public development banks gathered at this Summit will be taking decisions on key issues without listening to those most affected by their projects and the real development experts: local communities, human rights defenders, Indigenous Peoples, feminist groups, civil society. They will speak about “sustainability”, while ignoring the protests against austerity policies and rising debt. They will speak about “human rights”, while ignoring those denouncing human rights violations in the context of their projects. They will speak about “green and just transition”, while continuing to support projects that contribute to climate change."

  
  Comlan Julien AGBESSI, Regional Coordinator of the Network of National NGO Platforms of West Africa (REPAOC), a regional coalition of 15 national civil society platformssaid: "Regardless of how they are perceived by the public authorities in the various countries, non-governmental organisations (NGOs) contribute to covering the aspects and spaces not reached or insufficiently reached by national development programmes. Despite the undeniable impact of their actions on the living conditions of populations, NGOs remain the poor cousins of donor funding, apart from the support of certain philanthropic or charitable organisations. In such a context of scarce funding opportunities, aggravated by the health crisis due to COVID-19 and the subsequent economic crisis, Pooled Finance, which is in fact a paradigm shift, appears to be a lifeline for CSOs. This is why REPAOC welcomes the commitments made by both the Public Development Banks and the Multilateral Development Banks to directly support CSO projects and programmes in the same way as they usually do with governments and the private sector. Through the partnership agreements that we hope and pray for between CSOs and banks, the latter can be assured that the actions that will be envisaged for the benefit of rural and urban communities will certainly reach them with the guarantees of accountability that their new CSO partners offer”.

  Frank Vanaerschot, Director of Counter Balance, said:

  “As one of this year’s organisers of the Finance in Common Summit, the EIB will brag about the billions it invests in development. The truth is the bank will be pushing the EU’s own commercial interests and promoting the use of public money for development in the Global South to guarantee profits for private investors. Reducing inequalities will be second-place at best. The EIB is also co-hosting the summit despite systemic human rights violations in projects it finances from Nepal to Kenya. Instead, the EIB and other public banks should work to empower local communities by investing in the public services needed for human rights to be respected, such as publicly owned and governed healthcare and education - not on putting corporate profits above all else.”

  Stephanie Amoako, Senior Policy Associate at Accountability Counselsaid: “PDBs must be accountability to the communities impacted by their projects. All PDBs need to have an effective accountability mechanism to address concerns with projects and should commit to preventing and fully remediating any harm to communities”.

  Jyotsna Mohan Singh, Regional Coordinator, Asia Development Alliance said: “PDBs should have a normative core; they should start with the rights framework. This means grounding all safeguards into all the various rights frameworks that already exist. There are rights instruments for indigenous people, the elderly, women, youth, and people living with disability. They are part and parcel of a whole host of both global conventions and regional conventions. Their approach should be grounded in those rights, then it will be on a very firm footing.

  Asian governments need to support, implement, and apply strict environmental laws and regulations for all PDBs projects. The first step is to disseminate public information and conduct open and effective environmental impact assessments for all these projects, as well as strategic environmental assessments for infrastructure and cross-border projects.”

  List of Signatories.

• QATAR: ‘Labour reforms need to continue after the World Cup is over’

  CIVICUS speaks aboutthe World Cup in Qatar with Vani Saraswathi, editor-at-large and director of projects at Migrant-Rights.org andthe author ofStories of Origin: The Invisible Lives of Migrants in the Gulf.

  Migrant-Rights.org is aGulf-basedcivil society organisation that works to advance the rights of migrant workers in Gulf countries. It documents migrant narratives and promotes local discussion and campaigns to bring changes in policies, practices and attitudes towards migrant workers.

  What human rights violations have you documented in construction works for the 2022 Qatar World Cup?

  The economy of Qatar is heavily dependent on migrant workers, who make up over 93 per cent of the labour market. The construction sector iseven moreheavily dependent on migrant labour, and due to the nature of the work exploitation and rights violations are much more visible than in other sectors. This also happens in the hospitality sector, domestic work and fishing and agriculture, but tends to be more hidden.

  Since 2000, Qatar’s population has grown very fast, from 700,000 people in 1999 to 1.7 million in 2010 to close to three million now. The infrastructure and the services needed to host such a large population have not kept pace: people were being recruited quickly, but support systems were not built fast enough.

  Rights violations have shifted over the years from poor accommodation to crowded accommodation to rampant wage theft. As the scale of construction operations grew, corporations resorted to subcontracting, with worker recruitment, safety and welfare left in the hands of subcontractors and no effective legal mechanism for oversight, which enabled corruption.

  Unfortunately, the narrative on corruption around worker recruitment focuses on origin countries because for one of the richest countries in the world it is easier to blame poorer countries than take responsibility for the problem. The fact that many of the kickbacks are filling the pockets of procurement officers and businesspeople in destination countries is overlooked.

  This is the environment in which abuse takes place. Workers are entering the country already in debt and often do not receive the salary they were promised.

  Certain steps have been taken to fix this issue. The Qatar Visa Centre, for instance, takes care of the last mile of recruitment so workers sign their contract and undergo medical testing before they come. Fees are also being paid in Qatar. But the bulk of the exploitation happens on the job, when people are not paid what they were promised, or they are made to work overtime with no extra pay. This is not being properly addressed.

  Migrant workers’main concern is to be able to send money home, and as long as they get theirmoney they are often willing to tolerate many abuses: social isolation, cultural exclusion, terrible living conditions and lack of access to justice. These issues are ongoing.

  On other issues, such as workplace safety and heat stress, Qatar has been working on upping standards. There is still a lot to be done, but in the context of the Gulf, summer midday work bans and heat stress regulations are a big step forward. But it is not sufficient.

  A pending issue is health deterioration. Most construction workers are recruited when they are in their early 20s and usually undergo stringent medical tests to ensure they are in best health. But their health deteriorates quickly post-arrival. Due to the inhospitable and unhygienic living and working conditions, they often develop various comorbidities including high blood glucose levels and hypertension. There are also several cases of unexplained deaths of previously healthy, young men, but their deaths are attributed to natural causes or cardiac arrests, and Qatar has failed to investigate the real causes. In contrast to those who have accidents, whose injuries are assessed and who may get a disability allowance or insurance, those developing severe health conditions receive no compensation. Instead, they suffer the consequences when their productivity diminishes, and the burden is passed on totheir familiesand origin countries.

  Do you think recent labour reforms will have a positive effect?

  One of the main reforms has been the removal of the requirement for foreign workers to apply for an exit permit to leave Qatar. The other Gulf countries, except for Saudi Arabia, had already done the same, allowing for some freedom of movement.

  Another important change has been the removal of the requirement of a no objection certificate. This means that all workers, including domestic workers, are allowed to change jobs at any point in their labour contract. This measure triggered a lot ofpushback.

  A new online system was set up that allowed people to search and apply for jobs. It initially went well, but employers started pushing back when they saw the prospects of an exodus and feared losing control of their workers. The Shura Council, the legislative body, also weighed in, following which Qatar introduced a new requirement: to go through the online process to change jobs, workers must submit a resignation letter stamped by their employer. This became a de facto no objection certificate. There are strong power dynamics at play. For instance, there have been cases of workers getting approval to change jobs after not having been paid for months, changing jobs and then having their authorisation withdrawn and made to go back.

  A non-discriminatory minimum wage has also been introduced. Although pretty low, it is still a minimum wage. The basic monthly salary amounts to approximately US$275, or around US$500 if thecompany does notprovide accommodation and food. It is not much in a country with a per capita GDP of above US$60,000, and hence applies only to low-income migrants from Asia and Africa.

  Additionally, across Gulf countries there is a system in place for all workers to be paid electronically. It’s aimed at preventing non-payment but has repeatedly failed to do so. The system should spot non-payment cases early on, rectify them and hold the employer accountable, but it does not. Non-payment cases typically arise when workers who haven’t been paid for several months file a complaint. Setting aside the problem of domestic workers, a persistent problem of non-payment results from smaller companies at the bottom of the supply chain being unable to pay if they are not paid on time by their client.

  The government of Qatar also set up a work insurance fund to protect workers when employers fail to pay them. When a worker’s complaint is resolved by either a court or the dispute settlements committee, a mechanism that handles workers’complaints, the fund must pay. There are certain criteria to qualify and there is a cap on how much a worker can receive that is lower than what most of them are owed. Itdoesn’tmatch the scale of abuse that happens, but it’s still something.

  Finally, management-worker joint committees have been allowed within companies. This was presented as either a step towards allowing unionisation, or a substitute for it. But the power dynamics are so skewed there is very little scope for collective bargaining, and they do not remotely resemble unions, even if the joint committees have elected representatives.

  What role has civil society played in raising awareness of these and other rights violations?

  A transnational advocacy network comprising mostly trade unions and international human rights organisations such as Amnesty International and Human Rights Watch was activated following Qatar’s designation as host of the 2022 World Cup.

  The World Cup was a good entry point as it forced Qatar to allow for investigations. The network obtained access and produced reports. A lot of international journalists came in. This is something we must recognise, because other countries that held big events, such as theDubai Expo or the Formula One race in Bahrain,didn’t allow this kind of scrutiny.

  But Qatar hasn’t always managed the attention well and sometimes got too defensive or complained that its efforts to open up and allow criticism were underappreciated. But while the government engaged with foreign or international trade unions speakingon behalf of Asian and African workers, it never allowed criticism to be voiced internally and never allowed those workers to organise. The same goes for civil society.

  At the local level there are charitable institutions but there is not a rights-oriented civil society. The closest there is to this are organisations such as Migrant-Rights.org, working regionally. To nurture civilsociety, space would need to exist to speak about women’s rights, LGBTQI+ rights, citizenship rights and many other issues people are grappling with but cannot currently express. But the government knows this is a Pandora’s box. The most it will do is selectively open up some space for issues that are less threatening, such as the situation of migrants, as long as local activism around it remains suppressed.

  The situation is different from what happens in Bahrain and Kuwait, where despite harsh oppression,there are still independent voices rising and fighting back. People are being jailed or forced into exile but there is still a civil society vibrancy thatdoesn’t exist in the open in Qatar. It is probably present behind closed doors and in smaller spaces. People are talking about these issues, but they are not speaking aloud. Qatar,however, recently held its first elections for the Shura Council, so things may be about to change.

  Has there been any accountability for violations of workers’rights?

  The problem in Qatar is that laws have been enforced and reforms have been implemented only in response to criticism. This time around, it was in response to the attention brought by international organisations under the spotlight of the World Cup. The problem with this kind of response is that it tends to stay on paper because it is not the result of dialogue with the key stakeholders, namely employers and workers, and an understanding of the system on the ground.

  Enforcement is difficult because local employers are pushing back: they feel that workers’rights come at a cost that is being paid from their pockets. The government has made no attempt to talk to stakeholders on the ground, and it won’t be able to implement any reform without them. Qatar is a tiny country. We’re talkingabout a handful of extremely powerful families who are in business, in the security apparatus, in the Shura Council, everywhere. Some of their companies have a proven record of poor practices, including using short-term visas and not giving end-of-service payments, and they continue to be awarded new contracts over and over. They are not held to account.

  What needs to be done so the rights of migrant workers in Qatar are not forgotten when the World Cup ends?

  The World Cup is just one event and a starting point for limitless business ambitions. If you look at industry reports, it is clear that large-scale infrastructure projects are going to continue. I only hope that those who shone the spotlight on Qatardidn’t do it because of the sport, but because they really care about migrant workers. Because if that is the case, they should continue promoting reforms and monitoring their effective implementation after the World Cup is over.

  Qatar needs to ensure workers get their wages and fair compensation and that nobody leaves the country in distress.Otherwise rights violations will continue to happen, and it’s not right. I hope the government at least realises that even when the World Cup is over, itdoesn’t need that kind of bad publicity.

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

  Get in touch withMigrant-Rights.orgthrough itswebsite orFacebook page, and follow@MigrantRights and@vanish_forever on Twitter.

• Reaction to the UN High Commissioner for Human Rights global update

  Statement at the 51st session of the UN Human Rights Council

  General Debate on the High Commissioner’s update

  Delivered by Lisa Majumdar

  Thank you, Mr President, and High Commissioner.

  We congratulate Volker Turk on his appointment to High Commissioner. The sheer breadth of countries and issues on the agenda of this session is a reflection of global human rights challenges and emerging crises today.

  The invasion of Ukraine and the conflict in Ethiopia which have resulted in grave human rights violations have underscored a key role for the UN in preventing violence and ensuring justice for victims. Recognising and addressing deteriorating situations has never been so important: both through preventive diplomacy, and by taking stronger action towards accountability. Civil society can be an essential partner in these endeavours, and in welcoming the new High Commissioner we look forward to his meaningful engagement with independent civil society and human rights defenders across the world.

  A strong and robust civil society is vital for the advancement of human rights, and there are significant opportunities for the advancement of civic space and the protection of civil society at this session. Thematically, the Council can reaffirm the importance of respecting human rights while countering terrorism, and advance norms and standards on the safety of journalists.

  On country situations, the Council must take stronger action to address the worsening human rights situation in Afghanistan, particularly for women and girls. The Council must renew its mechanisms on Burundi, Ethiopia and Venezuela, while ensuring continued OHCHR monitoring of the human rights situation in the Philippines and accountability in Sri Lanka. Its credibility depends on its ability to address a robust report on China, and to create a long overdue mechanism on Russia, which has clearly shown that ongoing and unchecked internal repression can have significant global implications.

  Now is the time for the new High Commissioner, and this Council, to stand up and resolutely address these challenges.

  We thank you.

• Reaction to the UN High Commissioner report on terrorism and human rights

  Statement at the 45th Session of the UN Human Rights Council

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  Thank you, Madame President,

  On behalf of the Civic Space Initiative, we wish to draw attention to the enduring restrictions for civil society and civic freedoms, stemming from security measures to counter-terrorism and violent extremism. Such unwarranted limitations to civic space hamper efforts to counter terrorism, as civil society is essential in addressing the conditions conducive to terrorism.

  The High Commissioner’s 2020 report on Terrorism and Human Rights emphasizes the negative and harmful effects of excessive security and counter-terrorism measures on rights and freedoms in general. 

  However, the report does not address the detrimental and disproportionate impact of these measures on civil society and civic space. This is particularly relevant, pursuant to the 2019 Report on how the Measures to Address Terrorism and Violent Extremism impact Closing Civic Space, where the Special Rapporteur on Human Rights and Counter-Terrorism examined restrictive and repressive aspects of the security and counter-terrorism framework:

  • Repressive measures against lawful, non-violent civil society activities and targeting “undesirable” individuals.
  • Regulation restricting freedom of expression and opinion, association, and assembly.
  • Limiting civil society access to financial services.
  • Vaguely labelling civil society as “terrorists,” or “threats to national security”.

  These measures create a chilling effect on civic space. Given civil society’s essential role in countering terrorism, measures undermining its ability to operate undercut our collective counter-terrorism response. 

  We remind states of their obligation to ensure counter-terrorism measures comply with international human rights law, international refugee law and international humanitarian law, pursuant to HRC resolutions 37/27 and 42/18.  Criminalization and repression of civil society must be urgently addressed as a misuse of law and an abuse of power. Any effective counter-terrorism policy must engage with and strengthen, not weaken, civil society.

• Reimaginando la relación entre la sociedad civil y el sector religioso en América Latina: nuevas alianzas para enfrentar viejos retos

  Contribución de membresía, por Gina Romero (Redlad) y Nicolás Panotto (GEMRIP)

• Report of Special Rapporteur on Eritrea shows a deepening human rights crisis

  Statement at the 50th Session of the UN Human Rights Council

  Interactive Dialogue with the UN Special Rapporteur on the Situation of Human Rights in Eritrea

  Delivered by Helen Kidan, Eritrean Movement for Democracy and Human Rights

  CIVICUS and the Eritrean Movement for Democracy and Human Rights welcome the work of the Special Rapporteur and his latest report.

  Despite its re-election for a second term as a Member of the Human Rights Council, the situation of human rights in Eritrea remains of the utmost concern.

  The civic space is closed, with no free and independent press, and at least 16 journalists have remained in detention without trial for about two decades. There is a culture of impunity for the perpetrators of human rights violations and abuses, including arbitrary and incommunicado detention; inhumane and degrading treatment of Eritreans through torture, forced labour and sexual violence; religious and ethnic minority oppression; denials of the rights of free expression and peaceful assembly, and escalating conscription of youth in the national army compounded by increasing militarisation of the country. The Special Rapporteur identified benchmarks for human rights progress in 2019 to address these concerns, but the government has so far refused to engage on their basis.

  Eritrea’s continued lack of cooperation with Council mechanisms as well as other UN agencies undermine the implementation of their activities and programmes. We urge the UN Human Rights Council to renew the mandate of the Special Rapporteur through a resolution which reflects the gravity of the situation and enshrines the benchmarks for progress.

  We further call on the government of Eritrea to fully cooperate and allow access to UN Human Rights Council mechanisms.

  We thank you.

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  Civic space in Eritrea is rated as "Closed" by the CIVICUS Monitor.