international system

• #BEIJING25: ‘All efforts towards gender equality must be built upon intersectionality and power-shifting’

  For the 25th anniversary of theBeijing Platform for Action, CIVICUS is interviewing civil society activists, leaders and experts about the progress achieved and the challenges ahead. Focused on eliminating violence against women, ensuring access to family planning and reproductive healthcare, removing barriers to women’s participation in decision-making and providing decent jobs and equal pay for equal work, the Beijing Platform for Action was adopted at the United Nations’ (UN)Fourth World Conference on Women in 1995. After 25 years, significant but unequal progress has occurred, not least as the result of incessant civil society efforts, but no country has yet achieved gender equality.

• #BEIJING25: ‘We are outraged at discrimination and are turning our claims into action’

  In the run-up to the 25th anniversary of theBeijing Platform for Action, due in September 2020, CIVICUS is interviewing civil society activists, leaders and experts about the progress achieved and the challenges ahead. Focused on eliminating violence against women (VAW), ensuring access to family planning and reproductive healthcare, removing barriers to women’s participation in decision-making and providing decent jobs and equal pay for equal work, the Beijing Platform for Action was adopted at the United Nations’ (UN)Fourth World Conference on Women in 1995. After 25 years, significant but unequal progress has occurred, not least as the result of incessant civil society efforts, but no country has yet achieved gender equality. 

  CIVICUS speaks to Viviana Krsticevic, Executive Director of the Center for Justice and International Law (CEJIL) and a member of the Secretariat of the Gqual Campaign, a global initiative seeking to promote gender parity in the composition of international organisations.

  

  How much of the promise contained in the Beijing Platform for Action has been translated into actual improvements?

  We still have a long way to go to ensure that women can live autonomously without the burden of discrimination. Clearly, there are disparities and different effects among women due to age, economic situation, skin colour, ethnicity, migrant status, rural condition and several other situations that partly define our experience. Global figures for disparities in education, access to health, property and positions of power show the enormous disadvantage that women are at in most societies and the differential weight of inequality.

  For instance, according to data from UN Women updated to the first semester of 2020, only 6.6 per cent of heads of government worldwide are women, as well as 20.7 per cent of those in ministerial positions; likewise, women hold 24.9 per cent of all parliamentary seats. The under-representation of women is also reflected in other areas, such as access to education: globally, 48.1 per cent of girls are not attending school. It is also visible in the labour market, since women receive 23 per cent less income than men. The same can be said about the prevalence of gender-based violence: the UN Office on Drugs and Crime estimates that 87,000 women were victims of femicides worldwide in 2017, and that more than half – 50,000, or 58 per cent – were murdered by their partner or a member of their family.

  In other words, there is a long way to go, but we have made significant progress in the 25 years since the Beijing Conference. Some important examples are the progress, made both through legal channels and on the streets, in rejecting sexist violence and femicide, the recognition of the differential effects of violence affecting Afro-descendant women, the policy changes aimed at tackling maternal mortality, advances in gaining access to government or legislative positions, the greater valuing of care tasks and the development of legal frameworks to deal with workplace harassment, among others.

  In part, these advances were possible thanks to synergies between national-level change processes and international goal-setting and rights-recognition processes. In this sense, the Sustainable Development Goal (SDG5) on women's equality, agreed globally at the UN level, is one of the key tools to achieve respect for individual autonomy and the collective development of communities. To advance this goal agreed upon by governments, there are a series of institutional spaces that promote it at the international and regional levels.

  In addition, there is the fact that many women from various sectors, in Latin America and the world, are outraged at discrimination and structural violence and are turning our claims into action. Initiatives such as #NiUnaMenos, #SayHerName and #LasTesis, among many others, have been examples of this. Engaging in analysis, protesting and making proposals are key to ensuring that discriminatory structures are overcome.

  Why is equal gender representation important, and what is the situation in international institutions?

  One of the most significant arguments of women and other movements in search of representation is that of equality, since often the absence of women in decision-making sites is not the result of their own choice but the effect of glass ceilings, implicit discrimination and the segmentation of labour markets, among other factors. On top of this, there is the argument of the impact of equal participation in terms of enriching debate, innovation and due diligence in decision-making and improving the legitimacy and sustainability of certain processes, among other possible beneficial effects of the inclusion of women in decision-making spaces. In the same spirit, several innovative international conventions have included clauses to promote gender equality and representation. UN General Assembly Resolution 1325 on peace and security also includes language on the need for women’s participation in peace processes.

  This recognition stands in contrast with the limited participation of women in decision-making sites, both nationally and internationally. The norms and mechanisms established in most of these spaces do not ensure the participation of women in conditions of equality or equal representation.

  At the international level, in the spaces where decisions are reached on war and peace, the evolution of international criminal law, the scope of human rights, economic law and environmental law, and various other key issues, women are underrepresented at extreme levels. For instance, the International Court of Justice currently includes only three female judges (19 per cent) and historically it has only included four women out of a total of 108 magistrates (3.7 per cent). Only one of the seven current members of the Inter-American Court of Human Rights is a woman (14.3 per cent), and in the International Criminal Court there are only six women out of a total of 18 members (33 per cent). Finally, 10 of the 56 special mechanisms of the UN to date have never been led by a woman.

  In other words, women are on the fringes of the decisions that are made on most of the issues that are most significant for the future of humanity in the areas of politics, justice and peace. This reality contrasts with the recognition of the right to participation in the international arena under conditions of equality enshrined in Article 8 of the Convention on the Elimination of all Forms of Discrimination Against Women, widely ratified worldwide, and with the aspirations of balanced or equal participation proposed in various spaces of the UN system and other institutions.

  How did the Gqual Campaign originate, what are its goals and what has it achieved so far?

  Taking into account the reality of glass ceilings and the drastic regressions that have occurred recently in the composition of some bodies, a group of women and men convinced of the value of gender-balanced and diverse spaces joined in an initiative to promote gender parity in justice and monitoring institutions at the international level. With this objective in mind, we launched the Gqual campaign in September 2015. From this platform we promote individual and institutional commitments to gender parity in international representation, the development of research, standards and mechanisms to promote gender equality in international monitoring and justice institutions, vibrant and timely debate on the issue to advance the equality agenda, and the creation of a community of discussion and action around the issue.

  Among the campaign’s actions are the monitoring and distribution of information on available positions in the sphere of international justice. We send letters and post information on networks calling attention to opportunities and disparities, we promote academic research, and we make proposals to modify the procedures for the nomination and selection of those who occupy positions in justice and monitoring institutions at the national and international level. Among our most interesting initiatives is a ranking that includes the number of men and women in these positions, by country. We also hold meetings of experts to contribute to the development of specialised documents. Additionally, we create synergies with selection processes in judicial spaces at the national level and participate in debates on representation at the national and international levels, in order to advance the broader agenda of political and social change towards equality.

  I would like to invite you to join the online campaign and to follow and interact with it on social media. Since the launch of the campaign, we have made progress in debating the issue and have had several significant achievements, including resolutions by the UN and the Organization of American States on gender balance in the composition of international bodies, the systematisation of information on the composition of positions at the UN level disaggregated by gender, and excellent research that supports the international obligations of states and international organisations, among several others. By working for women's access to international spaces in conditions of parity, the Gqual Campaign promotes several of the commitments expressed in the SDGs: equality, access to justice, the fight against poverty and commitment to peace.

  What support from international civil society is needed to continue promoting the campaign?

  The greatest support that international civil society could give to the campaign would be to join the debate on the importance of ensuring women’s equal participation in international monitoring and judicial institutions. Depending on their possibilities, each person, organisation or institution might help advance more specific agendas at the local or international level in synergy with the campaign’s objectives. They can do so, for example, by encouraging their country’s government to monitor its nationals who occupy elected positions, doing field research on selection processes, writing about constitutional obligations or those derived from international law to guarantee equal access to international representation, running public awareness campaigns, or contributing to the campaign’s blog or writing about it in local newspapers. Given the structural inequality and the inertia that makes some governments reluctant to act, civil society and citizens must demand that the authorities ensure that women are nominated and considered for decision-making positions at the international and national levels. Civil society can also help drive the debate by collecting data and publishing analyses and studies.

  I want to emphasise that due to the nature of the campaign – which arose from the initiative of women who advocate for equality and who mostly donate their time to move it forward – we are grateful for any contribution of time or donation aimed at supporting the campaign’s work and initiatives. We want a more just, equal and peaceful world, and for that we need women to intervene on an equal footing in making the decisions that concern us all.

  Get in touch with Gqual Campaign through itswebsite orFacebook page, and follow@GqualCampaign,@cejil and@mundopenelope on Twitter.

• COVID-19: ‘Refugees paid a heavier price during a crisis that many believed impacted on us all equally’

  CIVICUS speaks about the situation of climate refugees and increasing challenges under the COVID-19 pandemic with Amali Tower, founder and executive director of Climate Refugees. Founded in 2015, Climate Refugees defends the rights of people displaced and forced to migrate, including across borders, as a result of climate change. It documents their cases to shed light on protection gaps and legal voids and advocates for human rights-based solutions and the creation of legal norms and policies that protect people affected by climate-driven migration and displacement.

  

  Your organisation is called ‘Climate Refugees’, although the term is currently not supported by international law. Why is that? Do you think this is something that should be officially recognised?

  You’re right, the concept does not exist in international law, but drivers of migration are increasingly intertwined, as has been the case in the context of refugee flows and internal displacement resulting from conflict and persecution. It’s no different in the context of climate migration, except that for so many millions, this isn’t purely an environmental issue – it’s a justice issue. For many populations dependent on the land, climate changes have impacts on survival and livelihood, with impacts beyond the individual, to the family, community, local livelihoods, business and so on. If climate is a factor that contributes to migration, it is likely after years of causing deep losses and suffering, intertwined with economic losses and impacts as well as political ramifications. For instance, we can see this playing out among subsistence farmers in Sub-Saharan Africa, Central America and many other regions. In this context, someone displaced by the impacts of climate change is also displaced by economic and political factors because the political situation and economic systems in many of these countries are deeply embedded in the environment.

  Further, it’s important to remember that climate change impacts and climate migration and displacement aren’t future risks. They are a reality for many right now, and that reality is playing out in some of the most fragile places in the world for the most impoverished and vulnerable populations who had very little to role in contributing to climate change in the first place.

  This is why we approach this as an issue of equality and justice. Coming from a refugee protection background where I interviewed and provided services to countless refugees fleeing conflict and persecution, based on the legal definition, I’m wholly aware of the controversy and backlash this may cause. I agonised about this decision, but ultimately, I couldn’t reconcile the definition with years of testimonies from people fleeing multiple drivers, who referred to years of environmental devastation at home more than to the war we all knew was ongoing.

  So ultimately, I settled on the term ‘climate refugees’ to provoke conversation. To emphasise the political responsibility of climate change. To raise awareness of its ability to impact on, one might even say persecute, some people more than others. To contribute, provoke and challenge policy. To highlight the needs by giving voice to those affected and to help seek their legal protection. Ultimately, to present this as an issue of equality.

  There’s a lot of discussion, and some might even say confusion, in the migration field about terminology. There is no consensus on appropriate terms so there are many terms being used, like climate-induced migration, environmental migrants and others.

  I think we have to be cautious to not simplify the message. Nor be too clinical in our terminology about the underlying issues and very real suffering millions are bearing. We need to help policy-makers and the public understand there are mixed drivers in complex situations. Refugees have often moved as a result of conflict and drought – just look at Somalia. Others may move to seek safety and better livelihood opportunities, as we are seeing in Central America.

  We need to make clear that the line between ‘forced’ and ‘voluntary’ migration is often misunderstood, if not false.

  In sum, we use the term ‘climate refugees’ to draw attention to the political responsibility of rich countries, certain industries and others to ensure fairness, compensation, protection and equality on many levels, because the solutions must also be multi-faceted.

  What kind of work does Climate Refugees do? 

  Climate Refugees is a research and advocacy organisation that generates field reports and engages in policy-making to view climate change through a human lens and help include and amplify the voices of communities whose livelihoods and security have been impacted on and who have been displaced or forced to migrate. The climate change conversation can otherwise remain largely abstract and clinical, rather than focused on its impacts on real human beings and entire communities.

  Alongside producing field reports from climate displacement hotspots, we provide education and raise awareness of the impacts of climate change on human mobility right now and in ways not necessarily always explored, through two publications: SPOTLIGHT: Climate Displacement in the News, which, as the name implies, is a roundup of global news and expert analysis of climate change impacts on migration, human rights, law and policy, conflict, security and so on, and PERSPECTIVES: Climate Displacement in the Field, which includes features on a variety of topics related to climate-induced migration and displacement, featuring expert commentary and stories from people on the move.

  Our aim with these publications is to be informative and provide stories from people on the move and expert analysis through a climate justice lens that highlights the disproportionate impacts of climate change on marginalised and disenfranchised populations who are the least responsible for climate change. I think a large part of why I formed this organisation is to have the conversation I think many of us want to have – that this is primarily an issue of justice and equality and our solutions need to keep that focus front and centre.

  Have climate refugees been hit particularly hard by the COVID-19 pandemic and associated restrictions? What is being done about it? 

  The COVID-19 pandemic provides a good example of rights violations increasing during a crisis – and an emphatic disproof of the assertion that ‘we are all in this together’. Refugees and migrants certainly paid a heavier price during a global pandemic that many believed impacted on all human beings equally. Social distancing is hard to achieve for displaced persons who live in crowded settlements, whether formal or informal, urban or rural, refugee camps or crowded migrant housing. Refugees and migrants were denied the freedom of movement, the right to health and the right to information to a higher degree than other populations and experienced more impediments to access their rights.

  It’s not about pointing out any one country, because the point is that vulnerable populations that we should have been further protecting in a pandemic actually became more vulnerable just about everywhere. In Lebanon, refugees were held to tighter curfew restrictions that even impeded access to health treatment. Rohingya refugees in Cox’s Bazar refugee settlement in Bangladesh were forced into an encampment and denied their rights to communication and right to health. Many countries where migrants are grouped in crowded housing, like Malaysia, detained migrants. The USA denied asylum-seekers the right to seek asylum and violated the principle of non-refoulement, returning them at the border with no hearings, deported COVID-positive asylum-seekers, and in the process, also exported the virus to Haiti and Central American countries. The USA also continues to detain thousands more people, mostly from Central America, who are fleeing climate change impacts in addition to violence and persecution, denying their freedom of movement, and arguably in some cases, denying rights to seek asylum, due process and the right to health.

  As cyclone Amphan was about to hit the Bay of Bengal in May 2020, at the height of the pandemic, we saw populations in affected areas being relocated ahead of the disaster, which saved lives, but also meant that social distancing could not be enforced during displacement, and vulnerability to the virus became a major concern.

  I am afraid the situation will be no different as the climate crisis worsens. It will disproportionately affect the most vulnerable populations in the world, and once again, a situation where it should be pertinent to think that ‘we are all in this together’ will make us realise that some of us l have the means to escape the worst of the impacts of climate change while some will limited social protections and many others, already in extreme poverty and on the margins of society, will fall in deeper and will have no escape from multiple levels of impacts.

  Is the issue of climate displacement receiving enough attention? Has any progress been made in shaping an international legal framework to protect people who are displaced by climate change?

  We’re certainly seeing more media attention paid to climate change impacts, including migration. But as the issue becomes part of everyday conversation, there’s also a chance that important nuances are lost. I would say some advances have been made in the area of climate displacement – that is, displacements as a result of disasters like floods and storms. We have data that tells us how many people are displaced each year by disasters – an average of around 25 million – and the nature and type of these displacements are less murky in terms of causal factors.

  But climate migration is far trickier, since drivers of migration, whether internal or across borders, are increasingly intertwined. And when there are multiple drivers it’s hard to disentangle what role a single driver plays, or how much of the resulting phenomenon – in this case migration – can be attributed to one cause, namely climate change. Science and technology in the area of climate attribution are improving, increasingly enabling experts to determine just how much climate change is a factor in every situation. But generally speaking, in many parts of the world the environment is also an economic and political issue, so at this point it’s fair to say that climate change is certainly contributing to migration.

  That said, much of the discussion of a legal framework is stalled in conversations that revolve around migration being largely internal, as well as doomsday displacement projections. The international system is hesitant to push conversations that will securitise migration even further and states are reticent to take on commitments that increase migrant or refugee protections even further.

  So for now, advancements are limited to non-binding commitments by states in the Global Compact for Safe, Orderly and Regular Migration, which includes some measures dealing with environmental migration across borders. The Platform on Disaster Displacement is a state-led initiative doing good work on the protection of people displaced across borders by disasters and climate change.

  Earlier this year, the United Nations (UN) Human Rights Committee also looked at the case of an individual from Kiribati who claimed to be a ‘climate refugee’. He took his case to the human rights body on the basis that the denial of his asylum claim by the government of New Zealand violated his right to life under the International Covenant on Civil and Political Rights. The UN found that countries may not deport individuals who face climate change-induced conditions that violate the right to life.

  What else should be done so that the problem is not only recognised but also mitigated? 

  Some fear that talking about a looming migration crisis due to climate change runs the risk of fuelling current hostility and xenophobia towards migrants and refugees. I definitely see the point and acknowledge that risk, but I also think it’s equally true that to those who are xenophobic towards migrants and refugees, what drives their migration is not the issue. So we have to be careful to find that delicate balance when we talk about these things, because we truly don’t know how it will play out, but what we do know is that the trajectories and outlooks are generally not so great, there’s a lack of political will, and the conversation isn’t too focused on a human rights framework that protects affected communities, including migrants. So on this latter point, it’s not about being an alarmist about the numbers – it’s about sounding the alarm about our need to do better to fill some vital gaps in rights and protections.

  There’s a lot of focus on what we shouldn’t call people, how we shouldn’t frame the issue, but not enough focus on how we should protect vulnerable populations.

  Countries that are already struggling with extreme poverty are now struggling with extreme weather, and there is an inherent unfairness at play here in not recognising that climate change was not created by all equally, and nor will the impacts of it be felt by all equally.

  A lot more could be done in the way of adaptation. Adaptation is very costly, and the countries bearing the burden of climate change impacts now don’t have the capacity to also bear those financial costs. Many regional experts tell us that much of the international finance and response directed at them is focused on climate mitigation, rather than climate adaptation.

  We need to build community resilience to withstand the effects of climate change, and in some contexts, this might also mean building up stronger public and governance institutions and strengthening capacities to withstand the complex stresses that climate change impacts are placing on societies.

  Adaptation can entail innovation, infrastructural development and social changes, all of which can be very costly, and adaptation planning needs to respect human rights and enable choices, including the choice to migrate, which may not necessarily present as a totally voluntary choice. The point is that safe pathways for migration, when conditions don’t allow people to stay, are part of how we safeguard the human rights of climate change-impacted populations.

  Are there enough connections being made between advocacy efforts on behalf of migrants and refugees and climate activism?

  From my vantage point, it feels like there are few connections between these two movements and I feel like there is great potential for stronger advocacy together. For example, just broadening the climate migration conversation to discussions of a movement, rather than being largely a research and policy conversation, would be a welcome step to engage the public in something that I fear many feel is too large to understand, let alone address. 

  At the same time, there are many who are concerned and interested and desire to be a part of the solution. So we keep in mind that, yes, we are trying to inform policy, but we also want to make information more easily accessible to engage and bridge that movement with the public to approach this as an issue of climate justice because that’s how we see it.

  Get in touch with Climate Refugees through theirwebsite, Instagram andFacebook page, and follow@Climate_Refugee and@TowerAmali on Twitter.

• ECOCIDE: ‘Perpetrators of environmental destruction should be prosecuted just like war criminals are’

  CIVICUS speaks with Jojo Mehta, co-founder and Executive Director of Stop Ecocide International and Chair of the Stop Ecocide Foundation. The Stop Ecocide campaign seeks to establish ecocide as an international crime. To that end, the Netherlands-based Stop Ecocide Foundation works with international criminal lawyers, researchers and diplomats to develop an up-to-date, clear and legally robust definition of ecocide and advocate for states to propose an amendment to international criminal law.