law

  • ANGOLA: ‘The new NGO Law is just a way of legalising the government’s arrogance and excesses’

    PORTUGUESE

    GodinhoCristovaoCIVICUS discusses the state of civic space and the new restrictions being imposed on the work of Angolan civil society with Godinho Cristóvão, a jurist, human rights defender and executive director of the association Movimento de Defensores de Direitos Humanos de Angola (Movement of Human Rights Defenders of Angola, KUTAKESA).

    KUTAKESA is a civil society organisation (CSO) working for the rights and protection of human rights defenders (HRDs) in Angola, particularly those active in more vulnerable areas, working on more sensitive issues and from historically excluded groups.

    What are the current conditions for civil society in Angola?

    Angolan CSOs work in a climate of suspicion and uncertainty, despite the fact that the Constitution of the Republic of Angola enshrines a catalogue of citizens’ fundamental rights, freedoms and guarantees.

    The Angolan authorities should have aligned themselves with the democratic rule of law and respected the work of CSOs and HRDs. Instead, there has been an increase in threats, harassment and illegal arrests of HRDs who denounce or hold peaceful demonstrations against acts of bad governance and violations of citizens’ rights and freedoms. There have been clear setbacks with regard to the guarantee of fundamental rights and freedoms enshrined in the constitution, as well as the rights set out in the African Charter on Human and Peoples’ Rights and other human rights treaties Angola has ratified.

    How is the government targeting civil society with restrictive legislation?

    The attacks on civil society are totally uncalled for. On 25 May, the Angolan National Assembly passed a draft NGO Statute, despite severe criticism from CSOs, which have stated that it limits freedom of association and gives the state excessive powers to interfere with CSO activities.

    The government targets civil society with legislation that is meant for terrorists and money launderers, though it has never been proven in any court that a CSO has committed an act of terrorism in Angola. On the contrary, the rationale of this legislation constitutes institutional terrorism, the target of which are CSOs.

    In Angola we all know who the corrupt are, and which party feeds corruption and money laundering. And as far as we know, CSOs are not part of that group. Funders of Angolan CSOs are all clearly identified, and the transfer of funds goes through national banking institutions and a rigorous compliance process. It is also worth remembering that many CSO funders are the same ones that fund government projects.

    How does the new restrictive law compare with the 2015 decree that was declared unconstitutional?

    In general, the content and spirit of Presidential Decree 74/15 on the Regulation of NGOs are the same as those of the new NGO Statute Law. By way of example, the rights and duties chapter of the previous regulation, later declared unconstitutional, was retained with only minimal changes in wording that in no way alter its content and its controlling and repressive spirit.

    Additionally, the decree that was found unconstitutional provided for an administrative body under the tutelage of the Angolan executive – called IMPROCAC – with the power to monitor and control CSO actions. The recently approved draft NGO Statute Law provides for a similar body with the same attributions as the old IMPROCAC.

    In other words, this is a new attempt to impose similar restrictions, but it is more serious since its instrument is no longer a presidential decree but a law. This means that it is no longer only the executive that is attacking the principles of autonomy and freedom of association provided for in article 48 of the constitution, but Congress as well, in which the president’s party, the Popular Movement for the Liberation of Angola (MPLA), has a majority. It is worth remembering that it was the MPLA majority that approved the 2010 constitution which it is now violating by passing the NGO Statute Law.

    How is civil society, including KUTAKESA, reacting to the proposed law?

    CSOs, at least the most active ones, are not looking favourably on the approval of this law, given the threats it represents in terms of closing off civic space in Angola.

    We are taking joint action to prevent the final approval of this law and its entry into force. From the point of view of legal certainty and security, the courts should be aligned with the principle of jurisprudential precedent. Since they submitted the presidential decree to a review of unconstitutionality and declared it unconstitutional, they should now follow suit, given that the new law contains the same irregularities.

    All national organisations took a joint position to call on parliament to take off the agenda the law now approved. This was done through information exchange meetings with opposition parties represented in parliament. At the same time we made public statements alerting the public about the dangers for freedom of association if the law was approved, and we made urgent appeals to the special rapporteurs of the African Commission on Human and Peoples’ Rights and the United Nations (UN) who have a mandate on freedom of association and HRDs to alert the Angolan government about the consequences the law will have on respect for human rights.

    On KUTAKESA’s part, urgent appeals were made to the African Commission on Human and Peoples’ Rights, the Special Rapporteur on the Situation of Human Rights Defenders in Africa, Remy Ngoy Lumbu, and the UN Special Rapporteur on the Situation of Human Rights Defenders, Mary Lawlor.

    Do you see the new law as part of a wider trend to restrict civic space?

    Yes of course, but it is also important to note that the repression of peaceful and legal demonstrations predates the approval of this law. Government mismanagement and endemic corruption have been some of the main causes of the deteriorating social, economic and family conditions for the majority of the population, leading to growing protests and mass demonstrations, which have often been repressed. The approval of this law is just another means of repression and of legalising the arrogance and excesses of the government and its agents, particularly the national police.

    While the law is not necessarily intended as a response to the ongoing protests, given that the attempt to get it passed dates back to 2015, it is likely to be used as another tool to crack down on the protests.

    Now, if the government has good sense and makes a strategic reading of the current political and social context of Angola, it could stop the process of approval of the law or, if it is too late for that, the president could refuse to promulgate it, taking the appeals of civil society into consideration. The law’s approval would certainly increase the number of protests and demonstrations.

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

    Get in touch with KUTAKESA through theirwebsite.

  • ANGOLA: ‘The untrue government narrative reveals an aversion to civil society denouncing malpractice’

     PORTUGUESE

    Emilio Jose Manuel

    CIVICUS discusses the state of civic space and the new restrictions being imposed on civil society in Angola with Emilio José Manuel, focal point for Angola of the Lusophone Platform for Human Rights and founding member of the Working Group for Human Rights Monitoring in Angola (GTMDH).

    The GTMDH is a platform of civil society organisations (CSOs) that works to promote and defend human rights and strives for social justice within the framework of the Angolan constitution and other current laws, as well as international conventions and treaties.

    What are the conditions for civil society in Angola?

    Although there is currently no direct or indirect interference in the work of civil society in Angola, the authorities’ discourse is that, because they receive funding from international institutions, CSOs defend and represent foreign interests.

    Meanwhile there are many joint actions between public institutions and CSOs. For example, once a year the Ministry of Justice and Human Rights organises a forum with CSOs where the GTMDH presents its public position on human rights and provides information on the granting of registration certificates, the legal documents that the Angolan state gives to each CSO attesting that it is legally registered and can operate in the country.

    Why is the government targeting CSOs with legislation aimed at terrorists and money launderers?

    According to the report supporting the draft law, the president considers that he has ‘encountered constraints and difficulties in ensuring compliance with international obligations assumed by the Angolan Government in the area of money laundering and the financing of terrorism’. Hence the need to control the sources and destination of CSO funds.

    This narrative of the Angolan government is untrue and clearly demonstrates its aversion to the role of CSOs in monitoring and denouncing government malpractice. Financial support for the projects of CSOs and human rights defenders comes from well-identified organisations and goes through banking institutions with strict compliance rules – and some of these funders are the same ones that support government projects.

    On 26 May, the draft NGO Statute Law was passed in general by the Angolan National Assembly, ignoring severe criticism from civil society, which has made clear that it limits the right of association and gives the executive excessive powers to interfere in CSO activities.

    The situation is very alarming because the draft law imposes a 120-day period for existing CSOs to make their statutes conform with the law, otherwise they will be outlawed outright without a judicial decision. Article 2 of the draft law requires existing CSOs to conform with the new provisions, under penalty of having their statutes and registrations revoked. This is a violation of the principle of legality and access to justice guaranteed by the Angolan constitution. The principle of legality requires that the law should be clearly articulated and known in advance and should not be applied retroactively.

    How has civil society reacted to the draft law?

    Civil society analysed the draft law and reacted against it. In collaboration with the GTMDH coordinator, my role as legal officer was to prepare petitions, public position papers and communications with the United Nations (UN) Special Rapporteur on Freedom of Peaceful Assembly and of Association, and to engage with regional and international partners to amplify the voices of Angolan civil society.

    We requested a technical opinion from UN Special Rapporteur Clément Voule and drafted a public civil society position on the bill explaining why it violates freedoms of association, which we presented publicly at a press conference.

    We advocated with opposition parties represented in parliament and made contacts with the Angolan Bar Association to file, within the scope of our constitutional prerogatives, the appropriate action for an assessment of the unconstitutionality of the draft law. The day before the general approval of the draft law, we sent a public petition to the National Assembly demanding that it not approve it.

    Our next action will be to send a letter to the presidents of some key countries about the closure of civic space in Angola and increasing controls over CSOs, including international CSOs.

    Protests are also taking place against the proposed NGO Statute Law, which have converged with protests against measures that have increased fuel prices and a crackdown on street vendors.

    Do you see this bill as part of a wider trend of restricting civic space?

    The recent repression of demonstrations, arrests of activists and attacks on protesters, including women, is an indicator that civic space is being severely restricted. The use of force by the national police has resulted in deaths without any appropriate process to hold to account and punish police officers involved in cases of violence, torture and killings.

    Our country depends on importing food staples and other goods from abroad. Right now the prices of food, other goods and services have increased. Street vendors are a group that some CSOs work with, particularly those dedicated to empowering women to establish small businesses. Some organisations provide micro credits to street vendors. Although the street vendors’ movement has a life of its own, it is CSOs and their lawyers who have provided them with free legal aid.

    There is a current of national solidarity, taking into account that the law does not explicitly say it will regulate all initiatives by citizens who wish to create an association. My personal opinion is that everyone feels that control will go further. The draft NGO Statute Law lacks a clear definition of what a ‘non-governmental organisation’ is. It also includes vague provisions that need to be better fleshed out to enable the proper interpretation of the law. For example, it is difficult to understand the meaning and normative scope of article 19(1)(d), which imposes a ‘duty on NGOs to refrain from practices and actions that are subversive or liable to be confused with them’. The unanswered question here is how subversive actions are to be defined in the context of the law.

    How does the new draft law compare with the 2015 decree that was deemed unconstitutional?

    According to the analysis we’ve made, the arguments and contents are the same as in Decree 74/15 on the Regulation of NGOs. We have the new role of counselling judges in the Constitutional Court. The situation in the Supreme Court indicates that we have a crisis in the judiciary. So it is uncertain whether this time the judicial decision will be in favour of CSOs. The present draft law establishes rules to control, restrict, approve, authorise and suspend the activities of CSOs, including CSO extinction by an administrative entity to be determined by the president as holder of the executive power, which violates the principle of freedom of association as provided in article 48 of the constitution.

    Do you view the draft NGO Statute Law as part of a regional or global trend?

    After having participated in sessions of the NGO Forum and the African Commission on Human and Peoples’ Rights, I noted a tendency to restrict civic space throughout Africa. As part of the civil society strategy, we held meetings with activists from Mozambique to share experiences and assemble regional, continental and international strategies. It is worth remembering that various activists, whether linked to CSOs or not, are directly involved in campaigns and waves of protest to try to ensure that the draft law is not given final approval by parliament and promulgated by the president.

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

    Contact GTMDH through itswebsite.

  • ARGENTINA: ‘Citizens must be able to take part in informed discussions on the issues that affect them’

    MarielaBelskiCIVICUS speaks with Mariela Belski, Executive Director of Amnesty International Argentina, about the potential human rights effects of changes introduced by Argentina’snew government led by President Javier Milei.

    Founded in 1961, Amnesty International is the world’s largest international human rights organisation.

    What are the main measures taken by Javier Milei’s government, and what are the problems with them?

    As soon as he took office, President Milei issued a decree of necessity and urgency (DNU) to legislate on a large number of issues that will affect people’s lives. Although the National Constitution establishes that the president can only issue decrees when exceptional circumstances prevent the government following ordinary legislative procedures, decrees have been used often for decades. What’s new in this case is the number and magnitude of the changes included in the DNU, in sharp contrast with the executive’s argument that this is an emergency.

    In addition, the government sent to Congress an ‘omnibus law‘ that covers numerous issues not included in the DNU, such as tax reforms. Although it is also justified with arguments related to the context of emergency and economic instability, the bill pushes forward on issues that far exceed the emergency.

    Many changes included in the DNU and the omnibus law raise concerns about their impact on rights in areas such as employment, health, housing and freedoms of assembly and expression. Contrary to international rights standards, through deregulation and the withdrawal of the state, both pieces of legislation will have a negative impact on people’s ability to exercise their rights.

    For instance, medical insurance companies will be able to increase their fees as they like, and are already doing so. If they receive complaints about their service, the state will not impose sanctions. Drug prices will also be deregulated.

    In the area of labour, a series of regressive measures is being introduced regarding severance pay, overtime pay and the extension of probationary periods, among other things. The injunctions that courts have already granted to stop the implementation of these changes have only benefited some specific employment sectors.

    On housing, the DNU repeals the rent law and leaves contractual terms, amounts and the currency rent is paid in up to negotiation between landlords and tenants, allowing the landlord to impose whatever conditions they wish.

    According to the omnibus law, the updating of pensions will no longer be governed by a formula set by law, but left to the discretion of the executive branch.

    The bill also conceives of protest as a crime rather than a right to participation and expression of dissent. It establishes, for instance, notification requirements for any public meeting or demonstration involving three or more people. Although statements have been made that this measure would be reversed, this has not yet happened. In addition, the bill establishes the role of the ‘organiser’ to allow for the identification and eventual sanctioning of protest leaders.

    In the area of security, the bill expands the circumstances in which a police officer can be considered as acting in self-defence, weakening standards of police accountability designed to prevent abuses. Given Argentina’s high rates of police brutality, this goes in the opposite direction to what’s needed.

    The environment will also be affected by the DNU, which amends the forestry law to further enable deforestation, the glaciers law to permit more mining and the fires law to allow more burning. These provisions put natural resources at risk and could aggravate the climate crisis in Argentina.

    In terms of gender policies, both the bill and the DNU remove any reference to diversity and gender. In particular, the omnibus law introduces changes to what’s known as the ‘1,000 days law‘, approved alongside the law on the voluntary interruption of pregnancy to support those who decide to carry a pregnancy to term.

    The instrumentalisation of the economic emergency to subjugate the autonomy of women, who are viewed exclusively as mothers, and the incorporation of figures such as that of the ‘unborn child’ reveal an attempt to bring about a strong regression on sexual and reproductive rights. In a country where every year more than 300 women are murdered, the real emergency should be to design effective policies against gender-based violence.

    How does the new ‘anti-picket’ protocol affect freedom of expression and the right to protest?

    Amnesty International believes that guidelines for police and state action set out in the Protocol for the maintenance of public order in the face of roadblocks violate freedoms of assembly, association and expression. The powers vested in police and security agents to intervene aren’t aligned with international standards on the use of force and risk escalating violence and social conflict, endangering people’s lives and physical integrity.

    The protocol must reconcile the objectives of preserving ‘public order’ and ‘freedom of movement’ with the state’s obligations to respect and protect the physical integrity of individuals and the right to freedoms of assembly and expression, which are protected by the National Constitution and international human rights instruments. Both the protocol and the omnibus law seek to criminalise protesters and impose sanctions, including financial sanctions, that in practice could lead to the disappearance of collectives and organisations.

    Argentina’s regulatory system doesn’t establish an order of priority between rights: neither free transit nor the right to protest take precedence over the other. The banning of demonstrations because of the possible disruption of free movement contradicts domestic norms.

    The Argentine state must comply with its international human rights obligations, particularly regarding the right to protest, freedoms of assembly, association and expression and the use of force by its police and security agents.

    Do you view these measures, and the way they are being taken, as a danger to democracy?

    Amnesty International is concerned that a bill that will impact on numerous key aspects of people’s lives is being pushed through against the clock and during extraordinary congressional sessions.

    In just three weeks the executive has proposed, through the DNU and the omnibus law, massive changes in legislation and regulations that were part of a consensus built over the past 40 years. The essence of democracy lies in citizens’ ability to take part in informed discussions on the issues that affect them. The extremely fast-paced discussion of these policies raises serious doubts about the integrity of the deliberative process.

    Argentina’s context of economic and social crisis does call for profound reforms. Poverty over 40 per cent and exorbitant inflation rates demand a change of course. Reforms, however, must be carried out within the existing institutional and constitutional framework.

    The omnibus law seeks a delegation of powers to the executive on a scale never seen before, in all spheres. Further, it establishes that the regulations issued in the exercise of this delegation will be permanent, except when the nature of the measure determines its transitory character and this is expressly stated.

    Congress should carry out this process in an appropriate manner, following the principles set out in our constitution. Decisions that so significantly affect people’s lives should not be made in haste, but through public debate and following established procedures.

    What initiatives is Amnesty International developing on these issues?

    Regarding the protocol for the maintenance of public order we have presented an analysis with input and comments based on national and international standards. Our aim is to contribute to developing public policies that respect people’s rights.

    Regarding the DNU and the omnibus law, we are organising meetings with officials and colleagues from various areas to jointly analyse the legislation and evaluate next steps.

    Finally, we are preparing a document analysing the first 100 days of Milei’s government from a human rights perspective. In the same vein, we will be monitoring Congress closely.


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

    Get in touch with Amnesty International Argentina through itswebsite or itsFacebook, Instagram, TikTok orTwitter accounts, and contact Mariela Belski through herInstagram orLinkedIn accounts.

  • BOSNIA AND HERZEGOVINA: ‘Civil society has failed to spark people’s activist side’

    AidaDaguda DajanaCvjetkovic
    CIVICUS speaks about deteriorating civic space in Bosnia and Herzegovina (BiH) with
    Aida Daguda and Dajana Cvjetkovic, director and programme manager atthe Centre for Civil Society Promotion (CPCD).

    Founded in 1996, CPCD is a civil society organisation (CSO) working to strengthen civil society and citizen participation in BiH and the Western Balkans through capacity development, advocacy and campaigning.

    What are civic space conditions like in BiH?

    In our nearly three decades working in civil society in BiH and the Western Balkans, we have never witnessed such a rapid deterioration of civic space. Our organisation, along with other CSOs, is deeply concerned about two new pieces of legislation introduced in Republika Srpska (RS), one of the two entities that make up BiH.

    The first bill, already adopted, reintroduced criminal defamation into the legal system. The second, currently under parliamentary debate, is a ‘foreign agents’ bill that would criminalise CSOs that receive foreign funding or assistance for ‘political activities’ and give state institutions the power to shut them down. This would be just another tool to further restrict civil society in the hands of government authorities, who already use the mechanisms in place to oversee the work of CSOs and exert pressure and threaten us. Over the past year there have been more inspections of CSOs than ever before, specifically targeting smaller and more vocal organisations.

    By silencing independent media and civil society, RS President Milorad Dodik seeks to eliminate public scrutiny and criticism in an entity marred by criminal activities and corruption and undergoing a difficult economic situation. The government is resisting democratic oversight and trying to eliminate all forms of critical thought among the public.

    Moreover, in April 2023 the Sarajevo local government proposed amendments to local public order laws that would penalise the spread of ‘fake news’ and criticism of state authorities. Although the draft bill was withdrawn in June due to the public outcry it caused, the authorities have expressed their commitment to reintroducing a modified version of the bill.

    These are all signals that the situation for civil society is rapidly worsening in RS and in BiH as a whole, with severe limitations being introduced on freedoms of association and expression.

    How has Bosnian civil society organised against the restrictive bills?

    A part of RS’s civil society is well organised and experienced in advocacy and campaigning. But overall, there are fewer than 10 CSOs that are strongly committed to their human rights mission and vision, while the rest maintain links with the government that make them less vocal against repressive laws. We provide support with expertise and funding to independent CSOs in RS, but we must be discreet because we are based in the Federation of Bosnia and Herzegovina, the other entity that composes BiH, and our help tends to be misunderstood by both politicians and the public in the RS.

    Unfortunately, many Bosnian CSOs remain silent due to fear. In RS in particular, people are afraid for their safety and that of their families. Unlike in Georgia, where people took to the streets to defend freedom of association, people in Bosnia aren’t motivated, partly due to media narratives portraying civil society as being paid by the international community to act against the government.

    We are using all available tools to raise awareness about repressive legislation within the country, at the European Union (EU) level and through communication with various civil society networks, including CIVICUS. The government argues that these laws are necessary to prevent the financing of terrorism and money laundering, but we view these as excuses.

    We have informed opposition members of parliament about the potential negative consequences of the ‘foreign agents’ law but have made no impact. Our outreach to the public has been hindered by lack of media support.

    However, we remain hopeful that this crisis may turn into an opportunity for Bosnian civil society to revive the sense of solidarity that we’ve lost over the past decade. These days, we constantly think in terms of projects and donors and tend to see each other as competitors when we most desperately need to be united.

    How would you describe the current political climate in BiH?

    Our region has historically bordered with empires, and this location has come at a price. The threat of RS’s secession has risen in recent years, posing a security problem for the entire region. Due to BiH’s location and rich natural resources and potential for energy production, many fear that its fate depends on the outcome of Russia’s war against Ukraine and the interests of major powers such as China, the EU, Russia, Turkey and the USA. The people of BiH are the ones with the least influence on the decisions that will affect them.

    While secession may not be imminent, the threat of it significantly impacts on people’s wellbeing. We experience a pervasive feeling of insecurity that contributes to an anxious atmosphere. This makes people easier to manipulate. Many people are considering leaving, mostly because of their sense of insecurity and the widespread corruption.

    Fear is our main currency. Past experiences of police surveillance leading to arrests of protesters have deterred people from participating in demonstrations. People are losing hope that things will improve. During the war we experienced between 1992 and 1995, we had a very strong feeling of hope that when the war ended we would recover a normal life and rebuild our country. Now we have peace but we don’t have hope anymore.

    How do you work to strengthen civil society in BiH, and what obstacles do you face?

    Our organisation was established right after the war, so it has existed for 27 years. We were the first ones to connect CSOs from different parts of the country and our network currently includes over 350 organisations.

    In 2004, we launched the first initiative of institutional cooperation between government and civil society. At that time, civil society was thriving. But over the past decade or so, the situation has steadily worsened. Civil society faces a shortage of human resources, and people hold rather negative views about civil society. We seek to change such perceptions by consistently communicating the purpose and results of our work to the public and beneficiaries of our services and activities.

    We also lack strong connections with the media, which should serve as a channel between us, the government, the international community and, most importantly, our society. To show what we’re doing and what we are trying to achieve, instead of just following donors’ visibility guidelines we have established our own portal in which we collect inspiring stories of civil society’s impact in improving people’s lives.

    But our biggest problem is lack of local ownership. For many years the international community did things for us, so we aren’t used to solving problems by ourselves. People aren’t used to activism; they complain and wait for others to resolve their problems. That’s one of the failures of civil society: we have implemented many projects, but never managed to spark people’s activist side.

    What challenges do you face in cooperating with international partners?

    International agencies implement large projects in BiH and many funds come from the international community, but we don’t see results. One of the reasons is that local civil society is pushed aside. When we inquire with donors about supporting local organisations or networks, they argue that small organisations lack the capacity to successfully implement large grants. It has become their mantra.

    This hampers the development of civil society as the true democratic force our country urgently needs. We must engage in dialogue with the government to devise solutions for the numerous problems we face. We need to move past the ‘projectisation’ of civil society and focus on the long term.

    This also applies to the government, which is also forced to work within the project framework, executing short-term tasks requested by the EU or other international institutions. For instance, the government, jointly with the European Commission, invested around €1 million (approx. US$1.06 million) to fulfil a request to establish a register for CSOs, but once international partners left the country, the register ceased to function. There was a failure to recognise that civil society could have created, managed and overseen the register, which could have been instrumental in developing a common civil society strategy.

    This year we established an informal group of donors who support local civil society in Bosnia. We hope the international community will consistently convey the message that they must prioritise local ownership and sustainability. We don’t want to see civil society becoming a mere service provider for larger international agencies. We need to organise around genuine shared interests rather than form networks to satisfy the criteria of calls for proposals. It is time for us to think strategically about who we are and what our role is.


    Civic space in Bosnia and Herzegovina is rated ‘narrowed’ by theCIVICUS Monitor. Bosnia and Herzegovina is currently on theCIVICUS Monitor Watchlist, which draws attention to countries where there is a serious and rapid decline in respect for civic space.

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

  • BULGARIA: ‘Our society has finally become sensitised to domestic and gender-based violence’

    VictoriaPetrovaCIVICUS speaks with Victoria Petrova, Communications and Development Director at the Bulgarian Fund for Women (BFW), about civil society’s struggles to end domestic and gender-based violence in Bulgaria.

    Established in 2004, the BFW is the only Bulgarian feminist civil society organisation (CSO) supporting organisations, collectives and activists that challenge the status quo and work towards systemic change for women, girls and all marginalised communities.

    What does BFW do?

    The BFW has played a pivotal role in advancing women’s rights across Bulgaria for two decades. Our focus has recently extended. As well as funding projects, in 2020 we started providing core funding to help organisations meet essential needs such as administrative costs, office space, equipment and staff salaries, which often remain uncovered by project funding.

    Core funding is of paramount importance to ensure the sustainability of CSOs. Financial stability empowers organisations to be strategic, proactive and resilient in the face of challenges. As of today, providing core funding objective has become our biggest focus.

    We also have other funding mechanisms such as project funding and the Open Opportunity programme, which provides rapid funding of up to 10,000 BGN (approx. US$5,500). This has proven invaluable in times of crisis or in the face of unforeseen challenges, such as last year’s attack on the Rainbow Hub, an LGBTQI+ space in the capital, Sofia. A far-right former presidential candidate attacked the hub during an event and injured a participant, an activist and Rainbow Hub team member. The premises were destroyed. Through the Open Opportunity programme BFW gave them a grant so they could get it fixed.

    Overall, BFW distributed a total of over US$700,000 in direct grants to CSOs in 2022 alone.

    We’ve also taken proactive steps to contribute to building capacity in the organisations we support, recognising the significance of robust women’s rights organisations in a context where great gender inequalities persist.

    It is estimated that one in three women, or approximately one million, suffer from domestic and gender-based violence in Bulgaria and at least 15 women have been killed by former or current intimate partners, husbands or other relatives since the beginning of 2023. Women do a disproportionate share of household chores and care work. There aren’t enough support services, such as public kindergartens. There is a significant pay gap and women are grossly underrepresented in politics – only about 25 per cent of members of parliament are women. Life is even harder in small towns, where gender stereotypes are much more deeply rooted.

    Have you faced backlash for the work you do?

    Women’s rights organisations as well as the entire civil society sector in Bulgaria have encountered significant challenges since 2018. These started alongside attacks on the Istanbul Convention – the Council of Europe Convention on Preventing and Combating Violence Against Women and Domestic Violence.

    Attacks were sparked by a far-right party, VMRO, and also by the Bulgarian Socialist Party (BSP) after it shifted its stance in relation to the Convention. The party with the biggest parliamentary representation, GERB (Citizens for European Development of Bulgaria), sort of washed its hands at the time and left the matter with the Constitutional Court. And the Court ruled that ratifying the Istanbul Convention would be unconstitutional. This made Bulgaria one of the few European states that haven’t ratified the Convention.

    These days, attacks focus on the changes recently made to the Protection Against Domestic Violence Act. Regressive and pro-Russian groups such as Revival (Vazrazhdane) and BSP claim that this law seeks to impose the Istanbul Convention and implement what they call ‘gender ideology’. A few months ago, the BSP even started collecting signatures to enable a referendum against ‘gender ideology’. The party has recently announced it has collected the required number of signatures.

    What recent changes were made to the Protection Against Domestic Violence Act, and why?

    Changes to this law had been pursued for years but faced rejection by some political parties, including Revival, the BSP and some GERB members. They were finally introduced in July and they represented progress, even though they did not include the definition of ‘intimate relationship’ proposed by women’s advocates, as a result of which they did not extend protection to people who are in relationships but are unmarried and not in a domestic partnership.

    Regrettably, this omission meant that the shocking Stara Zagora case, in which an 18-year-old woman was beaten and disfigured by her boyfriend, did not fall within the law’s purview. This attack happened in late June but only became public in late July, as a result of the victim’s family’s engagement with the media out of frustration with the slow pace of the investigation.

    In response, around 10,000 people protested in Sofia and tens of thousands demonstrated in other regions, demanding justice for victims and action against domestic and gender-based violence. This groundswell of public engagement was unprecedented, shaking the normalised apathy or victim-blaming that had often been the response to similar cases in the past.

    This forced parliament to reconsider the bill, and on 7 August it reconvened to widen its scope to cover ‘intimate relationships’. This was a step in the right direction, although some concerning elements remain.

    First, criteria for people to be considered as intimate partners include having been in a relationship for at least 60 days, without any clarity as to what counts as the start of those 60 days and, more concerningly, what happens if violence occurs within the first 60 days. Second, at the last minute, members of parliament inserted the words ‘man’ and ‘woman’ in the definition, therefore limiting its scope to heterosexual couples. Same-sex couples were completely excluded from seeking protection under this law.

    Bulgarian politicians should do much better. During that same debate a GERB member of parliament, former Minister of Culture and former Chairman of the Parliament, Vezhdi Rashidov, made extremely offensive comments. It was during the break, when he thought his microphone was off and basically called raped women ‘whores’. Our organisation wrote an open letter asking for his resignation, and just a few days later he announced he was resigning.

    Unfortunately, his comments reflect widespread attitudes among many of our politicians towards women’s rights and domestic and gender-based violence. We are fed up with their sexist jokes, homophobic expressions, lack of understanding and deliberate disinformation regarding gender issues and women’s rights.

    What do you think made the Stara Zagora case so impactful?

    The impact of the Stara Zagora case can be attributed to several factors, primarily stemming from systemic failures that occurred across various institutional levels. The perpetrator’s swift release within 72 hours of the attack, despite being on probation for prior offences, set the tone for public outrage.

    Public indignation also resulted from the discrepancy between the severity of the attack, which involved the use of a knife and resulted in 400 stitches, a broken nose and a shaved head, and its categorisation as a mere ‘soft bodily injury’.

    There was a shift in public sentiment that revealed heightened awareness and empathy for victims. The usual response in these cases is often victim-blaming. This time, however, many more people sided with the victim. Although some anti-rights voices questioning the victim’s innocence emerged, particularly on social media, most public figures refrained from such insensitivity.

    As a result, over the past few weeks, we have started to see more and more domestic violence cases being reported on the media. So I’d say the Stara Zagora case sensitised society and accelerated change. I hope people will now be more willing to seek protection and justice, and institutions and the media will be more willing to empathise with the victims.

    What else should be done to combat gender-based violence more effectively?

    While there are organisations like BFW that have worked against gender-based violence for decades, it’s evident that a comprehensive national campaign led by the state is needed to catalyse broader change. Such a campaign should aim to reach people across all socio-economic strata, fostering a shared understanding of gender equality and the unacceptability of violence.

    Education and prevention are paramount, and they must begin at an early age. Teaching children about gender equality and the importance of rejecting violence from the outset can contribute to lasting change.

    The establishment of more crisis centres across the country to provide immediate support and safety for victims is also crucial. Only 15 out of 28 regional cities have crisis centres so far. Perhaps positive change will now take place as four ministries have got involved in solving the issue.

    Finally, ratification of the Istanbul Convention remains a pivotal goal. Its comprehensive framework can guide Bulgaria in its efforts to counter gender-based violence. We will continue advocating for these changes and support other organisations that work for women’s rights.

    How do you connect with the global women’s movement and what additional support do you need?

    We participate in networks like Prospera and On the Right Track. These connections expose us to diverse perspectives and experiences and enrich our understanding of the broader movement.

    Collaboration among organisations and international assistance are essential to counter anti-rights narratives, fend off far-right movements that are unfortunately increasingly organised and determined and promote positive change. When helping people and organisations, we sometimes tend to be reactive to attacks. We need to support each other to be more proactive.

    As I already mentioned, core funding is of huge importance to our grantees, but it is for us as well. I am happy to see that more of our donors started providing this type of long-term support, and I am hopeful that even more will recognise the need for it in the future.

    To end on a more positive note, I am thankful that Bulgarian society has finally become sensitised to the topic of domestic and gender-based violence. This isn’t a private issue but an issue that affects the whole of society. We are all responsible for educating ourselves on the topic, learning about its different forms, stepping up when we see something unacceptable and supporting people who are brave enough to report violence.

    We look forward to a collective push toward lasting change, supported by all of you.


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

    Get in touch with the BFW through itswebsite or itsFacebook page, and follow@bgfundforwomen on Twitter.

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

  • ESTONIA: ‘Legal changes deepen the cultural shift favourable to LGBTQI+ rights’

    Kelly GrossthalCIVICUS speaks about civil society’s role in the recentlegalisation of same-sex marriage in Estonia with Kelly Grossthal, head of strategic litigation at the Estonian Human Rights Centre (EHRC).

    Established in 2009, the EHRC is a human rights civil society organisation (CSO) working to create anopen society where human rights are guaranteed by the state, and where everyone knows that their rights, as well as the rights of others, deserve equal protection. 

    How significant is the recent legalisation of same-sex marriage?

    Marriage equality has always been the ultimate goal of LGBTQI+ and human rights advocates. The previous arrangement, that of civil unions, was only a temporary compromise. In 2014, the Estonian parliament passed the gender-neutral Registered Partnership Act, which came into force in 2016. Under this law, couples entering a partnership agreement are entitled to joint property rights, succession rights, shared financial obligations, access to each other’s private information and resolution of issues related to the end of life. However, due to the law’s lack of implementation provisions, many couples had to resort to the courts to be able to actually exercise these rights.

    In 2018, the Supreme Court ruled that, regardless of the lack of implementing provisions, the Registered Partnership Act was in force and was part of the Estonian legal order. It stated that failure to issue implementing provisions did not automatically render the legislation unconstitutional, as some argued. This highlights that even with the Registered Partnership Act in place, the struggle for marriage equality persisted.

    How did the EHRC advocate for legal change?

    Since its establishment in 2009, the EHRC has monitored legislation that impacts on LGBTQI+ people and put forward suggestions to improve it. Our main advocacy goal has always been legal equality. However, we have encountered numerous obstacles, primarily stemming from the political climate and societal attitudes. For many years LGBTQI+ rights lacked support from public opinion, and therefore it was not advantageous for politicians to actively champion the cause.

    We have conducted public campaigns advocating for LGBTQI+ rights as human rights, engaged in research, contributed to public discussions and pursued legal cases through our strategic litigation programme. Strategic litigation aims to have a societal impact through specific cases and narratives. When selecting cases related to the LGBTQI+ community, our primary criterion is their potential to maximise a positive outcome for LGBTQI+ people’s human rights.

    We handled several cases that have improved access to social benefits and adoption rights for LGBTQI+ people and filed petitions for constitutional review of regressive laws. For instance, in 2019 the Supreme Court ruled that a provision in the Aliens Act that prevented the granting of temporary residence permits to same-sex registered partners of Estonian citizens for leading a family life in Estonia was unconstitutional and therefore invalid.

    Many of our advocacy efforts have been planned and executed in cooperation with the Estonian LGBT Association and the Equal Treatment Network, which unites 10 Estonian CSOs dedicated to protecting the equal rights of different target groups.

    How have public attitudes towards LGBTQI+ people evolved over time?

    Just a couple of years ago, the majority of Estonians opposed marriage equality. Resistance could have been influenced by personal values, religious beliefs, or a fear of change. Over the past few years, however, there has been intense societal debate over LGBTQI+ issues. Various video campaigns and petitions have been launched both in support of and against the Registered Partnership Act, marriage equality and LGBTQI+ rights more generally. Unfortunately, this has led to an increase in hate speech towards LGBTQI+ people, fuelled by conservative politicians. But it had the positive effect of making rainbow families more visible, as they shared their stories in response to anti-rights attacks.

    The ongoing debate and increased visibility have played a crucial role in driving cultural change and garnering support for LGBTQI+ rights. The adoption of the Registered Partnership Act and the legalisation of same-sex marriage were two big milestones. Legal changes seem to have further deepened the positive cultural shift.

    For over a decade the EHRC has commissioned public opinion surveys on LGBTQI+ issues from an independent research company, Turu-uuringute AS. According to the most recent one, conducted earlier this year, support for marriage equality has increased by six points in the past two years, with 53 per cent of Estonians currently in favour. Progress has been significant: a decade ago only 34 per cent were in favour and 60 per cent opposed it.

    Civil society has been instrumental in shifting public opinion about LGBTQI+ people, with numerous LGBTQI+ groups and networks organising events for both LGBTQI+ people and the public as a whole.

    The Estonian LGBT Association has been the main organiser of Baltic Pride, the most recent of which took place in the capital, Tallinn, in June, just before the parliamentary vote on marriage equality. It attracted over 7,000 participants from three Baltic states and there were no major incidents. It was a truly joyous march followed by an open-air concert with community artists and a picnic.

    Since 2017, Estonia has also hosted an LGBTQI+ film festival, Festheart, organised by a small CSO. Initially held in the town of Rakvere, by 2020 it had expanded to Tartu, Estonia’s second-largest city.

    Has the legalisation of same-sex marriage elicited any anti-rights backlash?

    As anticipated, there has been a conservative backlash in response to the new legislation. Two parties, the Conservative People’s Party of Estonia and Isamaa (Fatherland), have been vocal opponents of LGBTQI+ rights in general and marriage equality in particular. Their leaders and prominent members have expressed great dissatisfaction with the new law, and some politicians have pledged to reverse it should conservative parties regain power.

    The anti-LGBTQI+ civil society movement in Estonia is closely linked to conservative parties. A few weeks before the final parliamentary vote, conservative CSOs and parties organised a demonstration in front of parliament. Surprisingly, it attracted only a few thousand protesters and was not as visible and large as some previous demonstrations. Nonetheless, protests of this nature will likely continue in some form, although their scale and impact are difficult to predict.

    Do you think progress in Estonia can pave the way for similar developments in other post-Communist countries?

    We certainly hope so! At the same time, it is crucial to acknowledge that each country in our region is distinct, with its own language, culture and political landscape. In the case of Estonia, there’s currently a ruling coalition with all three members prioritising individual liberties, which has provided civil society with a historic opportunity to advance marriage equality. Hopefully, favourable conditions will also arise for our Baltic friends and beyond.

    Meanwhile, we are delighted to share our experiences, both failures and successes, with our regional allies. Although we are a traditional human rights advocacy organisation, we maintain strong connections with LGBTQI+ CSOs in Latvia and Lithuania. We have collaborated on several international projects related to combating hate speech, working with victims of hate crimes and promoting equal treatment.

    What forms of international support does Estonian civil society need to keep supporting LGBTQI+ people and advancing their rights? 

    International cooperation and support are incredibly important. Human rights work can be frustrating at times, and it is comforting to connect with others working in other countries and facing similar societal and personal struggles. While it may sound like a cliché, it is vital to establish connections, share experiences and learn from each other. This process is empowering and fosters development.

    It is crucial to recognise that marriage equality alone will not solve all the problems. Issues such as bullying of LGBTQI+ children, harassment of LGBTQI+ people, anti-LGBTQI+ hate speech, disinformation, intolerance and the denial of transgender rights continue to be pressing concerns. We have seen in other countries that progressive laws and legal precedents can be reversed. Therefore, it is essential for like-minded individuals and CSOs to cooperate across borders. Just as we are currently endeavouring to support the human rights of Hungarian LGBTQI+ people through various actions and means, we hope to receive support ourselves in times of urgent need.

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

    Get in touch with the Estonian Human Rights Centre through itswebsite or itsFacebook page.

  • GEORGIA: ‘Civil society must be ready for any further regressive move the government attempts’

    NinoUgrekhelidze GuramImnadzeCIVICUS speaks about Georgian civil society’s successful campaign against the draft Agents of Foreign Influence Law with Nino Ugrekhelidze, co-founder of the CEECCNA (Central Eastern Europe, Caucasus, and Central and North Asia) Collaborative Fund, and Guram Imnadze, Director of the Democracy and Justice Programme of theSocial Justice Center.

    Founded in 2022, the CEECCNA Collaborative Fund is a feminist fund that moves sustainable resources for social justice movements across the CEECCNA region.

    The Social Justice Center is a progressive civil society organisation (CSO) working on human rights and social justice in Georgia. It seeks to identify the structural reasons for economic, social and political inequality, and share critical knowledge while contributing to change through democratic means.

    What was the draft Foreign Agents Law that was proposed in Georgia?

    On 20 February 2023, the ruling party presented a draft law on ‘Agents of Foreign Influence’. The initiative would affect any Georgian-language media and any CSO registered in Georgia that receive more than 20 per cent of their annual income from a ‘foreign power’, meaning a foundation or organisation registered outside Georgia. They would be forced to register on a ‘Foreign Influence Agents Registry’ and disclose foreign funding. If they failed to do          so, they would risk very high fines.

    But the need for more transparency is an excuse, because there are already numerous laws regulating the financial transactions and transparency of legal entities, CSOs included, such as the Law on Grants and the Law on Budgeting and Accounting. There have not been cases of CSOs not complying with the existing legal requirements. In fact, most large CSOs also use their media platforms to provide annual financial reports and list their donors.

    The draft law includes language that has negative connotations in Georgia due to our Soviet past. ‘Agent’ means ‘traitor’, especially if used together with the adjective ‘foreign’. It has the clear purpose of delegitimising independent CSOs and critical media by labelling us as enemies of the state, politically biased and aligned with the opposition.

    The government is doing everything it can to delegitimise CSOs as local actors voicing real local needs. They don’t want the public to listen to us when we criticise the government and provide information that is true and in the interest of the country – they want them to believe that we are the ones lying to them.

    This is part of a larger government stigmatising campaign against civil society and independent media, which gained momentum over the past few months.

    Who would be most affected if this law was passed?

    It is critical to highlight the role that CSOs have played in Georgia since we gained independence – civil society has played a key role in the democratic transition and in ensuring the provision of services the government could not provide, particularly to vulnerable groups. When the state could not fully perform its duties, it was civil society that stepped in and got the work done.

    If the law was passed, people with HIV and disabilities, survivors of domestic violence, women, children and LGBTQI+ people would be among the first to be directly impacted. Programmes targeted at these groups have been created and operated by Georgian CSOs, because the government is either not interested and therefore does not prioritise this work or does not have the money for it.

    Of course, as the government is not funding these programmes, Georgian CSOs operating them typically get their funding from outside the country. Domestically, there is very little interest in funding civil society; domestic funding is almost non-existent and CSOs are severely underfunded. Major civil society donors are various private and public foundations, and bilateral and multilateral institutions from the USA and the European Union, all of which maintain political neutrality. Many of them even fund the government agencies as well.

    If the law were adopted, given the difficulties in fundraising domestically, CSOs would be exposed to financial starvation. Numerous CSOs would have to shut down. And this would be no accident: it is part of a very intentional attack on the financial resilience of CSOs.

    How has civil society organised against the bill?

    Over 380 CSOs signed a statement explaining their strong opposition to the bill. Civil society and independent media worked hard to reach people with compelling messages, avoiding NGO jargon and explaining in simple terms why this bill is against the interests of the country and against democracy – why, in fact, this bill is a Russian import, part of a trend that is quickly gaining ground across the region.

    It took some effort to mobilise against the bill because civil society had been demonised for so long already, and many people did not want to support ‘foreign agents’. But our key message was that our government may have pro-Russian course, but our people do not, and we don’t intend to be part of the Russian Federation ever again. This connected with a widespread sentiment of Georgian people.

    This messaging dispelled the climate of resignation that things cannot change and helped mobilise people. On 7 March, parliament passed the draft law in the first reading, but just as the bill was being discussed, tens of thousands gathered outside parliament to protest in Tbilisi. There were protests day and night, for several days in a row. This was one of the largest demonstrations in Georgia’s modern history.

    The protests were repressed by riot police using rubber bullets, teargas and water cannon. At least one person lost an eye because of police brutality. Over 150 people were detained for ‘disobedience’ but later released following further pressure from protesters.

    As a result of the protests, the bill was recalled on 10 March. That day we realised that if we come together, things can change. There was a spirit of resistance, unity, dignity and solidarity in the protests. People who were not necessarily politicised became interested in politics. And it all started because civil society came together to stand up against a bill that posed an existential threat.

    Protesters connected in a very well-articulated way the situation in Georgia with the plight of Ukraine, and understood this as a fight against Russian political interests trying to absorb us as a country. That’s why they also showed solidarity with Ukraine, singing their anthem and displaying pro-Ukraine messages.

    The way young Georgians reacted gives us hope for the future. The way they came together, the way they protested, the messages they conveyed – it was so politically consistent and coherent. They protested, they resisted, and when the protest was over, they even cleaned the public space after themselves. They were truly amazing.

    Would you say danger has passed?

    Parliament is currently on its best behaviour because it had a moment of realisation that this might turn into a revolution. In pushing forward the bill, the government thought there was no limit to its power, but found such a limit in the protests. A sentiment started spreading among protesters that they could fire their representatives, send them home. But the government’s targeting of civil society is not over yet – it is only starting. Although the bill has been withdrawn, the prime minister has already said that they are going to continue pushing for it. He even doubled down as he mentioned that their step will be to tackle so-called ‘gay propaganda’, another Russian import that is part of the crackdown on progressive civil society.

    The government continues its campaign against civil society. Even if the law does not pass, the official narrative keeps labelling civil society and independent media as ‘foreign agents’, and the consequences of this will continue to be felt for a long time. In Kutaisi, for instance, a social justice activist saw their home vandalised, and someone marked it with a sign alerting that ‘an agent lives here’. It is to be expected that anti-rights forces will use this language as a weapon against civil society activists.

    And of course, the authorities continue to use other tools they have to obstruct civil society work. For instance, Georgia has a problematic administrative code that grants the police and the courts the right to use administrative sanctions such as fines and detentions without sufficient evidence and due process. Such measures are often used against civil society and human rights activists. Since 2016, administrative fines for most common administrative offences have quadrupled. This is a serious barrier for civil society work, as it is expensive for activists to pay the fines.

    What kind of international support does Georgian civil society currently need?

    Georgia is currently experiencing a rapidly shrinking civic space, and the government is sliding towards authoritarianism. International solidarity and conversations on the political situation in Georgia and the whole post-Soviet region are going to be critical.

    In post-Soviet countries, the influence of Russian politics is very strong. There is an actual war going on in Ukraine, and what is happening in Georgia is in a way war by different means. These are two fronts of the same fight against Russian imperialism. Understanding this is essential.

    Also, we need to talk more about where money comes from for anti-rights organisations. There are very clear mechanisms to track where money comes from when it comes to CSOs and independent media, but there are none to investigate where funding for anti-rights groups such as religious fundamentalist and far-right organisations comes from. One reason is that they often don’t register as CSOs – this means they wouldn’t even be under the jurisdiction of the Foreign Agents Law if it were passed. Lots of money for these organisations is coming from Russia without any conditionalities or reporting mechanisms in place.

    This is a way bigger problem than Georgia having a Foreign Agents Law. We need to make the connection to what is happening elsewhere. In Ukraine and Moldova there were also attempts to adopt a similar law and people pushed back. The logic of this law is already working in Mongolia, and it is effectively in place in Belarus.

    We need more complex conversations about what we are organising against, how this is impacting us, what tactics are being used and how human rights language and spaces are being co-opted. The obvious types of support needed are spaces for such conversations and funding, because ultimately, for us to resist, we need spaces to reflect, build strategies and develop our political imagination, and we need resources, given that we are already so underfunded across the region. We must be ready for any further regressive move the government attempts. We haven’t seen the last of it.


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

    Get in touch with the Social Justice Center through itswebsite andFacebook page, and follow@SjcCenter and@niiugre on Twitter.

  • GEORGIA: ‘The foreign agents law poses a threat to the vibrancy and autonomy of civil society’

    Nino_Samkharadze.pngCIVICUS speaks with Nino Samkharadze, policy analyst at the Georgian Institute of Politics, about thecontroversial ‘foreign agents’ law just passed in Georgia.

    The Georgian Institute of Politics is a Tbilisi-based non-profit, non-partisan research and analysis organisation dedicated to fortifying the foundations of democratic institutions and effective governance in Georgia.

    What’s the purpose of Georgia’s law on foreign agents?

    According to the government, the Law on Transparency of Foreign Influence, which has just been passed by parliament, aims to increase the transparency of civil society’s operations by requiring civil society organisations (CSOs) to disclose their sources of funding and provide details about the nature of their activities.

    In its transition from the post-Soviet era, Georgia faces economic and political challenges. Its evolving democracy is characterised by weak institutions and it’s heavily dependent on support from international sources, including financial grants from the European Union (EU), European states and the USA. The introduction of this law may have been a response to concerns about foreign influence, but it has sparked debate in Georgian society. It poses a threat to the independence and security of CSOs. Its vague language and broad room for interpretation provide the government with opportunities to influence and control civil society, potentially stifling dissenting voices and undermining the positive contributions of CSOs to democratic governance.

    Why did the government reintroduce the bill after failing to pass it last year?

    The process began with the introduction of a first version of the bill in February 2023. It wasn’t proposed directly by the ruling Georgian Dream party but by People’s Power, a splinter political group closely linked to Georgian Dream and espousing even more radical anti-western narratives. But it was met with considerable domestic and international opposition. Protests erupted in Tbilisi, Georgia’s capital, and criticism came from European institutions and the US government. In response, Georgian Dream announced it would vote against the bill, which ultimately led to its rejection by parliament. Following this failure, Georgian Dream underwent a period of reflection and intensified its propaganda. It softened the bill’s language and tone to make it appear less radical and reintroduced it in April 2024. Soon after, on 14 May, it was passed by parliament.

    Georgian Dream came to power in 2012 and is now in an unprecedented third term in office. Since it began its third term in 2020, it has increasingly shown anti-democratic tendencies. With a general election scheduled for October 2024, it’s under increasing pressure as polls indicate a decline in public support. If it doesn’t maintain its majority, it will have to seek cooperation from opposition parties. In this context, the government may see the passage of this law as a way to defuse opposition and strengthen its grip on power.

    How do you think the law would affect civil society?

    The impacts of the law on civil society are expected to be significant and multifaceted, affecting various dimensions of its functioning and autonomy.

    CSOs are likely to be negatively labelled as serving the interests of foreign powers, undermining public confidence in their activities and missions. This labelling could easily lead to stigmatisation and marginalisation, reducing the effectiveness of advocacy efforts and diminishing their influence in the public sphere.

    The law’s provisions for extensive monitoring also pose a threat to the autonomy of CSOs and the privacy of their staff. The government’s ability to access and publish personal data, including correspondence and communications, could hamper CSOs’ ability to operate freely and investigate cases of corruption and human rights abuses.

    Further, the ambiguity of the law leaves room for interpretation and potential abuse by the government. Similar to the situation in Russia, where laws targeting ‘foreign agents’ have been used to restrict civil society activities, the vague language of the law could allow for further restrictions on CSOs and their ability to operate independently.

    The law may also lead to a withdrawal of funding from international foundations and donors. Given the increased risks and restrictions on civil society activities, donors may be reluctant to continue supporting organisations in Georgia, further limiting the resources available for democracy and state-building efforts.

    Overall, the draft law poses a threat to the vibrancy and autonomy of Georgian civil society. It undermines the essential role CSOs play in promoting democratic values, defending human rights and holding the government to account. It could have far-reaching consequences for Georgia’s democratic development and its relationship with the international community.

    How has civil society reacted?

    Georgian civil society has vehemently opposed the bill, seeing it as a dangerous step towards authoritarianism. This law poses a threat to critical voices and raises fears of further concentration of power in the hands of the ruling elite, as has happened in Belarus and Russia.

    No wonder the bill is also often referred to as the ‘Russian law’ – it’s seen as a precursor to outcomes similar to those seen in Russia. It’s feared that dissenting voices will be marginalised or silenced under this law, mirroring the situation in Russia where government critics often face persecution or exile. Given the consolidation of the ruling party and the erosion of democratic principles in Russia, there are concerns in Georgia that the ruling party is also seeking to consolidate power and stifle dissent. Despite some differences between both legal texts, the broader implications for democracy and civil liberties are deeply worrying.

    Georgian society, known for its pro-European and pro-democracy stance, has taken to the streets to protest against this threat. International partners, including the EU and the USA, have also criticised the law and stressed the importance of upholding democratic values.

    How has the government responded to the protests?

    The government’s response to the mass protests has been one of dismissal, demonisation and repression.

    The government has tried to discredit the protesters, particularly younger people, by suggesting they are uninformed about the law and are being manipulated. However, this is contradicted by the fact that many of the protesters, many of whom are students, are well educated and have a clear understanding of the issues at stake.

    The government has also resorted to tactics of repression and intimidation, with reports of regular arrests, beatings and pressure on people associated with the protests. Civil servants, including teachers and academics, have been threatened with the loss of their jobs if they are found to be involved in the protests. This has a chilling effect and discourages dissent.

    CSOs have been targeted with demonisation campaigns that portray them as enemies of the country. While there has been no immediate closure or direct pressure on these organisations, the hostile rhetoric and stigmatisation contribute to an environment of fear and intimidation.

    This authoritarian approach reflects a concerted effort to stifle dissent and maintain control, even at the expense of democratic principles and human rights. It threatens to further undermine confidence in institutions and exacerbate social and political tensions.

    How can the international community best support Georgian civil society?

    The international community can play a crucial role in supporting Georgian civil society at this difficult time.

    High-level visits and engagement by representatives of the EU and the USA are essential. We hope they’ll lead to tangible measures to hold accountable those members of Georgian Dream who supported this law. This could include the introduction of targeted sanctions against people responsible for undermining democratic principles. In addition, the EU should use Georgia’s official status as a candidate for EU membership to impose conditions of adherence to democratic norms and respect for human rights. Sanctions or other forms of pressure could be imposed if these principles are violated.

    It’s also crucial that the EU and the USA continue to demonstrate their unwavering support for Georgia and its pro-European aspirations. Financial assistance and political support are essential to strengthen civil society and maintain momentum in the struggle for democracy. Without this support, civil society risks being further marginalised and weakened by the government.

    A combination of diplomatic pressure, conditionality and unwavering support from the international community is needed to support Georgian civil society in its struggle for democracy and human rights.


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

    Get in touch with the Georgian Institute of Politics through itswebsite orFacebook page, and follow@GIP_ge and@nincavar10 on Twitter.

  • GERMANY: ‘Our street blockades hurt society the least and put no one’s life in danger’

    ZoeRugeCIVICUS speaks with Zoe Ruge of Last Generation about climate activism and its criminalisation in Germany.

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

    What forms of protest has Last Generation deployed in Germany?

    Last Generation has come to dominate the climate movement in Germany, so its tactics have become the prevailing tactics. The most common form of climate protest in Germany is currently street blockades, and blockades of public infrastructure more generally, because they are efficient at creating a certain level of disruption. A small number of people protesting peacefully is all it takes to generate a wide public reach. Additionally, street blockades are a platform to have talks with politicians and citizens about the climate crisis, do media work and underline our demands.

    Alongside disrupting everyday traffic, we draw attention to the major responsibility of the richest one- to-10 per cent of the population. To target them specifically, we block airports, spray-paint private jets, disrupt big events and bring protests into museums and other public spaces.

    Our street blockades hurt society the least and put no one’s life in danger. We take adequate security measures, for instance to make sure no emergency vehicle gets stuck in traffic. In case of an emergency, we are ready to open the blockade and clear the street.

    We know the kind of civil disobedience tactics we use face criticism, and we constantly reflect on our practices and take all feedback into consideration. We have aimed to choose a protest form that effectively rises awareness and is the least disruptive for people, and we think the street blockade is one such form. It may cause people to get to work half an hour late one day, but it provides a much-needed opportunity to stop people’s everyday routine and encourage them reflect on what we’re doing and where it’s leading us.

    What have been your biggest achievements?

    More people are realising the seriousness of the crisis we’re facing. Street blockades allow us to talk to people who would normally not get involved but are forced to listen and ask questions about our reasons to be there and our demands. Through disruption, we’ve been able to bring a lot of climate-related topics into public discourse, not only through media coverage but also thanks to local, face-to-face conversations. We are seeing rising awareness, which is necessary to deal with the consequences of the climate crisis.

    In terms of policies, one of our demands during the first protest wave was a law similar to the one France has, to save food from going to waste in supermarkets. One third of all food is lost in the production chain, which equates to a lot of preventable CO2 emissions. Such a law is currently being discussed in several federal states.

    In terms of public awareness, when street blockades began about a year ago they attracted 25 to 30 people, and now they bring thousands to the streets in Berlin. Churches are standing behind us and civil society groups are also voicing demands for climate action.

    Overall, we are receiving increasing support from the whole society. We get invitations to discuss the climate crisis with politicians, artists, at schools and with other parts of civil society. In response to the criminalisation we are facing, which has included the freezing of some of our assets, we have also seen a rise in donations from the public.

    What are your demands to the German government?

    What Last Generation demands are pretty simple things that must be done to tackle the consequences of the climate crisis and prevent it escalating. We demand a speed limit of 100 kilometres per hour in Germany, which would bring a reduction of more than 6.7 million tons of CO2 emissions a year, and a permanent €9 (US$9.90) monthly ticket to make public transportation affordable. This was tested last year and was a huge success, as many people shifted from using cars to using public transport – but now it’s quite expensive again.

    Our third demand is the establishment of a citizen assembly as a long-term mechanism for us to deal with the climate crisis as a society and end the use of fossil fuels in a socially just manner by 2030. Since our politicians are not even able or willing to implement a speed limit, we need citizens to be able to help tackle the climate crisis through more direct democratic tools.

    As part of a global movement, Last Generation works in close cooperation with Debt For Climate, a grassroots global south-driven initiative connecting social justice and climate justice struggles with the aim of freeing impoverished countries from a debt burden that is often used as a tool for further natural resource extraction. We support their demand for financial support because they are the primary victims of climate change that they haven’t caused. German politicians tend to argue that the climate catastrophe isn’t happening in Germany, although it is indeed taking place, maybe to a lesser extent. But in other parts of the world people are already dying because of it while more developed countries continue benefiting from their resources.

    How have German authorities reacted to your demands?

    Reactions have varied at different government levels. We’ve had very productive talks with local politicians who have shown openness and understanding. But at the federal level we’ve faced a harsh and criminalising public discourse. Last Generation is being called a criminal group and increasingly treated as such.

    We face accusations that we are hurting the cause of climate protection because our tactics are scaring people away. But it’s not true. The government is just trying to shift the focus from the substance of our demands to the form of our actions and avoiding our questions of why we still don’t have a speed limit and why we still don’t have proper affordable public transportation even though we have the resources for it.

    The fact that our government isn’t willing to act as the climate emergency demands and is instead turning against us is the main challenge that we as climate activists currently face.

    How is the government criminalising climate activism?

    There are between 3,000 and 4,000 cases coming to court soon, mainly connected to street blockades. In Germany, this kind of spontaneous demonstration is protected by law, but once the police intervene and tell you to leave, it’s not so clear whether the assembly continues to be legally protected. There are also accusations of vandalism on the basis that people have damaged walls by spray-painting them.

    A serious accusation being used against climate activists is that of being part of a criminal group. Based on section 129A of the German Criminal Code, when the police start an investigation on these grounds they can listen to your phone calls, read your messages and search your homes. This is weird because Last Generation is so transparent that anything the government would like to know about us – our structures, our funding, our planned protests – is publicly accessible. We have nothing to hide.

    This June, some of us experienced searches of our homes, our website was taken down, our bank accounts were frozen and we had work materials confiscated. Activists are struggling because it’s scary to feel that the police could force their way in, search your entire home and take away whatever they want.

    A friend of mine, Simon Lachner, was recently taken from his home to the police station and kept there for the entire day, just because he had publicly announced a protest scheduled for that afternoon. In Bavaria, people have been repeatedly taken into preventive custody for long periods of time to keep them from protesting. This form of preventing protests is becoming more common.

    What kind of support are you receiving, and what further support would you need to continue your work?

    The criminalisation of peaceful protests organised by people who aren’t trying to hurt anyone but who want to protect lives elicits instant solidarity. Thousands of people have joined Last Generation’s protest marches. Frozen funds have been almost fully replaced by donations pouring in. People contact us to ask how they can play their part in climate activism.

    We’re also part of the A22 international network of climate movements that use civil disobedience tactics, and this also supports us, especially in the face of criminalisation. Other organisations from all around the world are reaching out to us and offering help such as legal support.

    What we need is for everybody to consider their potential role in building a more resilient society. One of the most efficient ways to fulfil our collective responsibility is by exercising our right to protest within a democratic system.

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

    Get in touch with Last Generation through itswebsite orFacebook page, and follow@AufstandLastGen onTwitter.

  • GERMANY: ‘The far right is instrumentalising protests triggered by completely legitimate concerns’

    JakobGuhlCIVICUS speaks about the rise of the far right in Germany with Jakob Guhl, Senior Manager, Policy and Research at the Institute for Strategic Dialogue (ISD).

    Founded in 2006, ISD is a civil society organisation (CSO) that works to safeguard human rights and reverse the rising tide of polarisation, extremism and disinformation worldwide.

    What are the major far-right groups in Germany?

    Currently, the major far-right political party is Alternative for Germany (AfD), which has just achieved its highest-ever results in national polls, standing at around 22 per cent. In some East German states with elections coming later this year, AfD leads polls with over 30 per cent.

    There are also more traditional neo-Nazi parties such as The Homeland (NPD). Although it is still quite active, it isn’t very relevant anymore. It’s considered an anti-constitutional extremist party and for this reason, the Constitutional Court recently ruled that the government is allowed to withhold federal funding from it.

    Additionally, there is a broad network of loose groups known as the ‘new right’ that includes the Identitarian Movement, which the German Federal Office for the Protection of the Constitution (BfV) has designated as a right-wing extremist threat. The ‘new right’ is essentially made up of ethno-nationalists who assert that the German identity is an ethnic identity. They extensively use social media to bring their ideas into the mainstream and shift public discourse on topics like immigration and integration.

    In terms of narratives and policies, AfD is becoming increasingly indistinguishable from these ethno-nationalist groups, as evidenced by its recent secret meeting to discuss plans for mass deportation of people living in Germany, including German citizens, whom they view as ethnically non-German.

    How do far-right groups spread their messages?

    There are significant interactions among ethno-nationalist groups on a personal level. They engage with each other by attending conferences, participating in podcasts and writing prefaces for each other’s books. Some even work as assistants for AfD members of parliament.

    Both the ‘new right’ and AfD have been aptly using social media for many years. According to a comparative analysis we did in 2019, AfD significantly outperformed major political parties for views, likes and engagement. This trend continues today, and they also leverage YouTube or newer platforms like TikTok, which attract many young people, so they are able to reach even larger audiences.

    Their messages focus on highly emotive issues, such as ‘migrant crimes’ and ‘threats to German traditions’, which tap into cultural elements that provoke strong reactions and anger. For instance, they portray the Greens, an environmental political party, as detached elites comfortably situated in central Berlin, pushing their green policies without understanding the reality of ordinary people. This populist communication style has proved effective, and it’s further amplified by the dynamics of social media algorithms that reward outrage, sensationalism and emotional content.

    What public concerns has AfD tapped into?

    When AfD was established in 2013, its main focus was opposition to European Union (EU) and German policies in response to the financial crisis. It was born as an anti-EU and anti-Euro party that advocated against providing financial support to Greece and other countries particularly affected by the crisis, and against the EU collective debt mechanism.

    Starting in 2015, with the beginning of the so-called migration crisis, AfD shifted towards an anti-refugee and anti-Muslim discourse, depicting Islam and Muslims as alien to Germany. AfD politicians openly cooperated with the pan-European, anti-Islam, far-right political movement Pegida – an acronym for ‘Patriotic Europeans Against the Islamisation of the West’. AfD members frequently appear as speakers at their events.

    During the mass protests that took place against measures to curb the spread of COVID-19, AfD was part of a broad coalition promoting COVID-19 denial and anti-lockdown narratives. The coalition included ‘new right’ groups, Holocaust deniers and conspiracy theorists, among others.

    Recently, AfD and other far-right groups have tried to hijack and instrumentalise farmers’ protests over subsidy cuts, seeing them as an opportunity to undermine the government. While far-right symbols and AfD speakers have been present in these protests, the official associations of farmers have clearly distanced themselves from the far right. It is important not to stigmatise the farmers’ movement as a whole as being infiltrated by the far right, as they have completely legitimate concerns about agricultural subsidy cuts, while at the same time being alert to far-right attempts to hijack these protests.

    What accounts for AfD’s growing popularity?

    The popularity of the AfD stagnated during the COVID-19 pandemic and the 2021 federal elections. However, starting in early 2023, it has gained momentum. The AfD often diverges from the positions of major established parties on critical issues. For instance, it has opposed German military support for Ukraine, questioned scientific consensus on climate change and rejected green policies. Their most recent surge in popularity can be in part be attributed to people’s heightened concerns about immigration, which is visible in surveys from mid-2023.

    At the same time, AfD has radicalised, partially due to its relationship with ethno-nationalist groups, which has led to its monitoring by BfV as a potential threat to the constitution. Paradoxically, this has been accompanied by a trend of increasing normalisation and popularisation of AfD among the public. This tension is at the heart of today’s German politics.

    Has AfD encountered any progressive resistance?

    As it has grown in popularity, AfD has also encountered resistance, as attested by the ongoing protests against AfD’s mass deportation plans in numerous cities and towns. Protesters form a broad coalition comprising political parties, churches, unions, local initiatives supporting refugees, left-wing and anti-fascist groups and climate change activists like Fridays for Future.

    This diverse protest movement also has internal contradictions. In a Munich rally, some speakers criticised the government for its migration policies, which they attributed to an attempt to win back voters from AfD by taking a hardline approach. Left-leaning activists argue that such policies will only pave the way for even more extreme anti-migrant measures. Despite these tensions, however, the coalition remains broad and maintains significant popular support.

    How is ISD working to address extremist threats in Germany?

    One of the things our Berlin office focuses on is digital literacy and media competencies initiatives. In the age of social media, it’s crucial for people to critically assess credible sources of information, be aware of manipulation tactics and understand how disinformation spreads and coordinated networks amplify specific narratives. Our goal is not to tell people what to think but to provide them with tools for critical evaluation of information sources, narratives, communication tactics and rhetorical styles.

    For example, the Berlin office is actively involved in the Business Council for Democracy project, collaborating with digital literacy experts to educate adults. Many similar initiatives primarily target young people, who are often digital natives, but the spread of disinformation and conspiracy theories online can affect people of all ages. We engage employers, which many people still trust, unlike political parties and media.

    What forms of support do you receive, and what further support do you need?

    Our cooperation with the government encompasses a wide range of initiatives. Various German federal ministries have provided funding for our research on antisemitism and far-right extremism and funded projects related to political education.

    One major recent issue is the budgetary crisis and disagreement within the governing coalition on how to address it. The same budget cuts that have affected subsidies for farmers also impact on agencies dedicated to political education and projects on democracy promotion and the prevention of radicalisation. Unfortunately, this funding reduction comes at an inopportune time, coinciding with the rise of the far right and the normalisation of extremist ideas.

    Compared to other countries, the German state used to extensively support civil society initiatives. It’s a double-edged sword: while it’s positive that the government invests in civil society, it has also made German CSOs somewhat dependent on the state. The budgetary crisis has disrupted the financial sustainability of many organisations, which are now unsure whether they will be able to continue their work as effectively and on the same scale.

    While German CSOs could benefit from international donor support, it’s also crucial to facilitate greater knowledge exchange among activists and networks from different parts of the world. Despite variations in intensity, many countries face similar challenges of the mainstreaming of far-right ideas through social media, harassment of activists and elected officials, and local-level political violence.


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

    Get in touch with ISD through itswebsite orFacebook page, and follow@ISDglobal onTwitter.

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

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

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

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

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

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

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

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

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

    Has HR360 been targeted?

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

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

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

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

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


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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

     

    What are the conditions for LGBTQI+ organisations in Hungary?

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

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

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

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

    What further support does Hungarian civil society need?

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


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

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

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

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

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

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

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

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

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

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

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

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

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

    How would you describe the protests against the changes?

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

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

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

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

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

    How has the government reacted to the protests?

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

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

    What role are CSOs playing?

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

    How positive is the recently adopted law against discrimination?

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

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

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

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

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

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

    What are the next steps in your struggle?

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

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

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

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

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

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


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

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

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

    kaspars_zalitis.png

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

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

     

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

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

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

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

    Have you experienced backlash?

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

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

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

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

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

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

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

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

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

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

    What are your next steps?

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


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

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

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

  • LEBANON: ‘The main culprits of the current crisis are bank owners and their greed for profit’

    Alaa KhorchidCIVICUS speaks about Lebanon’s ongoing financial crisis and the situation of depositors who are unable to access their savings with Alaa Khorchid, head of Depositors’ Outcry Association. 

    Depositors’ Outcry Association is a citizens’ group that formed in 2019 to support depositors’ attempts to withdraw their savings from Lebanese banks after their accounts were frozen in response to the financial crisis.

    Who is to blame for the situation Lebanese depositors are currently in?

    Lebanese depositors are desperate because their savings have been frozen, so they cannot withdraw them from banks. The way they are being mistreated is outrageous. If a depositor simply complains loudly, bank staff call the police on them. Even if they have a million dollars in the bank, depositors are unable to get medical treatment or pay for their kids’ university fees. Banks are only allowing them to withdraw US$140 a month, and are told if they have an issue with that limit, they can go ahead and file a lawsuit.

    The main culprits of the current crisis are bank owners, whose greed for profit got us to this point. What they did was a scam. They sent representatives abroad to convince Lebanese expatriates and foreigners to invest their money in Lebanese banks even though they knew we were heading into a crisis, while they smuggled their own money to France, the USA or the Gulf countries, where their investments amount to billions.

    Also responsible are state authorities, starting with Riad Salameh, governor of the Banque du Liban (BdL), Lebanon’s central bank. He should have regulated banks and held them accountable three years ago, but he didn’t.

    The government is responsible for not applying the laws on banks owners. They should have forced them to return depositors’ money out of their own pockets, but instead allowed them to smuggle their money abroad.

    The courts also have their share of responsibility, as they have thousands of cases pending, years after they’ve been filed. When cases filed by depositors in Lebanon reach a certain point they are shelved, while in France and the UK depositors managed to win their cases and get their money back.

    How have people organised to get their money back?

    People got together to fight collectively through organisations such asDepositors’ Outcry Association, which formed in 2019. Asan association, we have filed lawsuits against the BdL governor as well as the Association of Banks in Lebanon (ABL) and one bank, the Société Générale de Banque au Liban (SGBL), that smuggled US$1.2 billion out of the country. All these lawsuits have been pending for years because most of the judiciary has been bribed by the banks. 

    We also support depositors by mediating between them and the banks. For example, we have a list of cancer patients that we shared with the banks to try and convince them to release some of their funds to enable people to pay for treatment. Some banks, but not all, have responded positively.

    Some depositors have gone the banks to get their money by whatever means. One of them was Sali Hafiz, whom we supported. Hafiz asked for our help; a lawyer and members of the association went inside the bank with her and over 100 members were outside the bank to cheer for her and ensure her safety. We also helped a retired serviceman in Chtoura retrieve some of his savings from the bank. The association’s lawyer follows up with depositors, and when a depositor enters a bank to try to get some of their money back, we spread the word among our supporters so people gather outside in support and make it harder for others to enter the bank or for security to kick them out.

    It is worth noting that not all the organisations out there are supporting depositors. There are several organisations funded by ABL or SGBL, which obviously always side with the banks. The same applies to local media, which continues to accept money from the banks in the form of advertising. Depositors have had their accounts blocked for three years on the grounds that there is no money to give them back, but the banks still find money to pay for advertising.

    What needs to change so the situation can be resolved?

    We don’t have a functioning governance system. Banks have retained people’s savings for three years and the BdL has allowed this to continue, while the judiciary has protected the banks by withholding thousands of cases without reaching a conclusion. Many judges have a financial incentive to behave this way: they got bank loans worth millions of US dollars, which they are now repaying in Lebanese lira at a ridiculous exchange rate – they will end up paying 10 per cent of the original amount. This is a real scandal.

    The first change needed is to replace the BdL governor. He is the one behind the financial policies issued in 2017 and 2018. He brought cash in from correspondent banks and loaned it to the state without any guarantees. He spent US$100 billion without ever being held accountable. He considers himself above the law: he faces multiple lawsuits but he simply refuses to show up in court. 

    What are the implications of the recently passed Banking Secrecy Law?

    Parliament passed an amended Banking Secrecy Law that will lift secrecy on the bank accounts belonging to public officials and major bankers. We find the new law acceptable, although we hoped it would apply retroactively. As we told the head of the Parliament’s Finance and Budget Committee, we want to clarify what happened to the funds the political and financial elite transferred abroad after 17 October 2019, estimated at between US$13 and 15 billion. We want to understand who smuggled them and where to. But the new law won’t solve all the issues as there is no trust in the banking system.

    Another bill, the Capital Control Law, is set to be discussed in parliament, but there is still no final draft to comment on. Unfortunately, it is a bit too late to discuss capital controls, once capital has been massively smuggled abroad. Capital controls should have come a week, even a month into the crisis, but not after three years. Banks have smuggled the funds of the elite abroad because there were no legal impediments. The latest update we heard regarding the capital control law is that there will be no separate capital control law and it will be part of a larger recovery roadmap consisting of many changes in addition to capital control. We consider the potential recovery roadmap as a death sentence to depositors.

    What do you think about the conditions imposed by the International Monetary Fund (IMF) for approving a US$3 billion loan?

    According to the government, one of the IMF’s main conditions is to write off US$70 billion of depositors’ funds. If that is what the IMF wants in exchange for giving the state a US$3 billion loan, then of course we are against it. The IMF can’t ask the state and BdL to write off as much funds to ensure they get repaid for their loan. Some members of parliament promised us they would refuse to pass any legislation to that effect.

    But a reform requested by the IMF that is most important to us, and which ABL rejects, is the restructuring of banks. We hope that banks will be restructured and a timeline for repaying depositors will be released.

    At the beginning of the crisis, BdL had US$34 billion. Today, it has US$8 billion. Those billions are gone due to governance failures. If the same policies remain in place, nothing will work, regardless of whether the IMF gives the state a loan of US$3 or 10 billion. The first step to get out of this crisis should be to guarantee deposits, because the crisis wasn’t the depositors’ fault.

    In the past 15 years banks made over US$35 billion in profit, which was transferred abroad. We demand a forensic audit of each bank to find out which had profits, and how much. There are 40 banks in Lebanon. Why are they being treated as one? We should examine each separately. 


     Civic space in Lebanon is rated ‘obstructed’ by the CIVICUS Monitor.

    Get in touch with Depositors’ Outcry Association through itsFacebook page.

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

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

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

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

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

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

    What are the issues around pushbacks?

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

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

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

    How has HRMI advocated against the new law?

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

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

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

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

    What obstacles does Lithuanian civil society working on migration face?

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

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

    How has the international community reacted to the new policy?

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

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


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

    Get in touch with HRMI through itswebsite or itsFacebook page.

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

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

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

    What is the situation of LGBTQI+ rights in Mauritius?

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

    PaulaMonjane

    Portuguese

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

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

    What are the current conditions for civil society in Mozambique?

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

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

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

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

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

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

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

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

    How will this new law affect CSOs in Mozambique?

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

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

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

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

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

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

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

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

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

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

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

    How is civil society responding?

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

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

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

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

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


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

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

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


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

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

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

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

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

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

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

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

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

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

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

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

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

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

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


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

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

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