North Africa
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ALGERIA: ‘The authorities are arresting human rights defenders to suffocate civil society’
CIVICUS speaks about the situation of human rights and civic freedoms in Algeria with Rachid Aouine, Director for SHOAA for Human Rights.SHOAA for Human Rights is an independent civil society organisation (CSO) aimed at supporting and protecting human rights in Algeria. Founded in 2020 and based in London, UK, it raises human rights awareness and monitors, documents and denounces abuses committed against citizens by those in power.
What is the current situation of human rights and civic space in Algeria?
As a result of the escalation of repressive practices by the Algerian authorities, human rights are in a critical state. Arbitrary arrests have increased, targeting journalists, human rights defenders, civil society activists and political activists associated with political parties linked to the Hirak protest movement for their exercise of the rights to the freedoms of association, expression, belief and peaceful assembly. In recent months they have been criminalised in an unprecedented way.
The authorities are unjustly prosecuting people for their alleged association with the political opposition movements Rachad and the Movement for the Self-Determination of Kabylie, which in May 2021 were designated as ‘terrorist organisations’ by the High Security Council. This is a consultative body chaired by the president. It has also blamed these organisations for the devastating forest fires that overtook north-eastern Algeria in August 2021 and the murder of activist and artist Djamel Bensmaïl while he was in police custody. It announced it would intensify efforts to arrest their members until their ‘total eradication’.
Since early 2021, prosecutions on bogus terrorism charges have proliferated alarmingly. For those convicted of these charges, the Penal Code dictates sentences ranging from one year in jail to lifelong imprisonment and the death penalty.
Of course, those arrested and prosecuted have seen their due process and fair trial guarantees systematically violated.
A new wave of arrests started in February 2022. Why are the authorities targeting human rights defenders in such large numbers?
The Algerian authorities are arresting human rights defenders to suffocate civil society. Human rights defenders are the only limit to their power, because they are the only ones defending and advocating for human rights in Algeria. Their elimination would effectively end the flow of information about the human rights violations they commit to the outside world.
Rather than addressing the problems that civil society denounces, the authorities are attacking those advocating for change, because they view change as a threat and a limitation to their power. To cover up the ongoing human rights violations, they are using systematic repression, specifically targeting human rights defenders and the exercise of the freedom of expression.
Three years after the Hirak protests, the authorities continue to restrict protests. What tactics of suppression do they use?
Indeed, three years after Hirak (which stands for ‘movement’ in Arabic) peacefully pushed for political change and forced President Abdelaziz Bouteflika’s resignation, at least 300 activists, many of them associated with Hirak, are being held by the authorities.
Through presidential decrees, the Algerian authorities have recently enacted new legislation hostile to the freedoms of expression and assembly. In June 2021, the Penal Code was amended by presidential decree, leading to the expansion of an already too broad definition of terrorism. People are now being accused of crimes such as ‘offending public bodies’, ‘spreading false information’, ‘membership of a terrorist group’, ‘apology for terrorism’, and ‘conspiracy against state security’. A Facebook post may lead to charges such as ‘using information technologies to spread terrorist ideas’ and ‘disseminating information that could harm the national interest’. Even a simple remittance is listed as an act of treason.
All human rights defenders and advocates who fall under the thumb of these new laws, in particular articles 87 bis and 95 bis of the Penal Code, are automatically slapped with vague charges such as ´undermining national unity’ as well as bogus terrorism-related charges. Despite the presentation of evidence of their innocence by their defence, judicial authorities impose the verdicts sought by the authorities.
The authorities are also accusing pro-Hirak CSOs of allegedly holding activities contrary to the objectives listed in the Law on Associations and in their own by-laws. On this basis, some of them have been dissolved, including Rassemblement Action Jeunesse and the cultural association SOS Beb El Oued, whose president was sentenced to a year in prison for ‘undermining national unity and national interest’ in connection with the association’s activities.
Political activists and leaders of parties linked to Hirak are also punished for ‘crimes’ such as ‘calling for a gathering’, and parties are accused of not complying with the Law on Political Parties by organising ‘activities outside the objectives stipulated in its by-laws’. This happened, for example, after several activists gathered to discuss the establishment of a united front against repression.
What needs to change in Algeria?
Civil society must be preserved while there is still something left. Civil society plays a major role in any movement for change. When CSOs are absent or disabled, people are left without protection and guidance. This is especially true in efforts to avoid violence and prevent human rights violations; when a society is devoid of CSOs, people lack guidance in knowing what steps to take and human rights violations go unaccounted for. Civil society associations, centres and bodies are key for framing the protest movement – to provide it with structure, strategy and a goal.
If nothing is done about it, the authorities will continue repressing independent civil society and the human rights situation will worsen. If nothing is done, the goal of democracy and respect for human rights will float further and further away, until it’s completely out of reach.
How can international civil society support Algerian civil society in its struggle for human rights and democratic freedoms?
Algerian civil society cannot achieve its goals on its own; it needs cooperation and support from the international community. To address human rights violations and promote democratic freedoms in Algeria, domestic civil society must establish relationships of cooperation and work jointly with international organisations.
Algerian civil society can develop an effective strategy by opening international lines of communication and becoming a major source of information on the real conditions of human rights on the ground. On the basis of this information, international organisations can help activate international monitoring mechanisms and put pressure for change on Algerian authorities.
Civic space in Algeria is rated ‘repressed’ by theCIVICUS Monitor.
Get in touch with SHOAA for Human Rights through itswebsite or itsFacebook page, and follow@shoaa_org on Twitter. -
ALGERIA: ‘The state must respect the freedoms of those calling for truth and justice on enforced disappearances’
CIVICUS speaks about the repression of civil society in Algeria with Nassera Dutour, a Franco-Algerian human rights activist and president of the Collective of Families of People Disappeared in Algeria (CFDA) and the Euro-Mediterranean Federation against Enforced Disappearances.
The CFDA was founded in Paris in May 1998 by Algerian mothers living in France who had relatives who had disappeared in Algeria. It defends the right to truth and justice of the families of the disappeared and has worked from the outset to raise national and international public awareness of the scale of human rights violations in Algeria.
What’s the reason for the recent increase in repression in Algeria?
In February 2019, the people of Algeria mobilised spontaneously and peacefully to demand democratic change. They took to the streets of Algiers and other cities to protest against incumbent President Abdelaziz Bouteflika’s bid for a fifth term. Even after his resignation, the protest movement, known as the Hirak, lost none of its momentum, broadening its demands to call for a radical overhaul of the regime, a civilian government and a ‘free and democratic Algeria’.
Although the COVID-19 pandemic put the demonstrations on hold from March 2020 onwards, mobilisation resumed in February 2021 before experiencing a definitive decline, partly due to concerted pressure from the authorities to suppress the movement. Human rights activists, particularly those who dare to criticise the government’s rhetoric and policies, are constantly harassed and intimidated. The security forces monitor and threaten them, creating a climate of fear that is gradually becoming fatal to human rights activism. In some extreme cases, activists face physical violence, which compromises their safety and their ability to continue their essential work.
Algerian courts have used numerous provisions of the Penal Code to silence critical voices online and offline. Journalists such as Mustapha Bendjama, Khaled Drareni, Ihsane El-Kadi and Rabah Karèche have been targeted with long prison sentences for exposing corruption and abuse. The authorities have also arbitrarily restricted or blocked access to independent news websites, further undermining access to diverse information.
Among other tactics, the authorities have often invoked the ‘national interest’ to restrict the freedom of action of human rights defenders. For example, Nacer Meghnine, president of the SOS Bab El Oued association, was sentenced in 2021 for publications found at his association’s headquarters denouncing repression, arbitrary arrests and torture. The judges considered that these writings tarnished Algeria’s international image, and that by criticising Algeria for failing to apply the United Nations (UN) Convention against Torture, he was inciting foreign interference. Nacer Meghnine was also convicted of direct incitement to unarmed assembly for leaflets displaying portraits of prisoners of conscience. One of the most formidable tools used by the authorities to repress dissent is anti-terrorism legislation, which has broadened the definition of terrorism.
Are independent civil society organisations able to operate in Algeria?
The CFDA remains a clandestine association despite numerous attempts to legalise it with the Ministry of the Interior and the prefecture. There has never been any justification from the government for refusing to authorise its registration.
From 2001 to 2013, the CFDA had to move its offices in Algeria every year, due to intimidation of the owners by the Algerian authorities. In France, there were two particularly violent intrusions into our offices, which were completely ransacked. The Algerian government puts a great deal of psychological pressure on the members of the organisation both in Algeria and France.
In 2023, police officers came to the Algiers offices and threatened members of the association. No action was taken, although the association’s lawyer tried to find out whether there was an investigation file on the CFDA or on the owner of the premises.
When we were organising a conference in Algiers, the authorities came to the hotel and ‘suggested’ that we should not hold the conference. CFDA staff and partners tried for hours to stand up to the police and gendarmerie, but they forced us to leave. This international seminar, which was to have been held over two days on the theme of ‘Truth, Justice and Conciliation’, was simply banned.
Our telephone and internet have been regularly cut off without any explanation, and our website and social media accounts have been hacked twice. The CFDA radio station that we set up in 2016 was immediately censored and made inaccessible in Algeria. Six years later, the site was hacked and the CFDA was forced to create another site under a different name.
CFDA members have been subjected to psychological harassment, including repeated death threats. In 2002, the French authorities warned me that Algeria had given the order to kill me.
In addition, recourse to foreign funding is drastically limited, while it is virtually impossible to gain access to state funding, which is only available to organisations affiliated with the Algerian state.
Since the Hirak, the dissolution of associations has increased exponentially. An association can be suspended if it ‘interferes in the country’s internal affairs or undermines national sovereignty’. The Youth Action Gathering and the Algerian League for the Defence of Human Rights have been dissolved.
Demonstrations organised in Algeria to defend human rights are often repressed by the police, with numerous arbitrary arrests and detentions, cases of short and long-term enforced disappearances and incidences of torture.
As a result of this repression, many human rights defenders, lawyers and journalists have had to leave Algeria for France or other European countries. But the diaspora continues to present a united front through joint actions such as demonstrations in Paris every Sunday, advocacy missions to national, European and international institutions, documentation and the drafting of reports for decision-making and investigative and judicial bodies, the publication of press articles and official press releases, conferences and round tables, and social media campaigns.
How does the CFDA work to protect and promote human rights in Algeria?
The CFDA advocates with international bodies and invites human rights activists and members of civil society in Algeria to take part.
The CFDA immediately informs the public as soon as it becomes aware of a human rights violation in Algeria. However, we don’t stop at denunciations: we make calls on states in writing and urge international bodies to take action through urgent appeals to various UN special procedures and to the commissioners of the African Commission on Human and Peoples’ Rights.
The CFDA has produced several reports on human rights in Algeria, the non-independence of the judiciary, women’s rights, arbitrary detentions and enforced disappearances.
In 2014 in the city or Oran, we inaugurated the Centre for the Preservation of Memory and the Study of Human Rights. This is a space open to the public for documentation, meetings and reflection on human rights issues. It has a wide range of publications on enforced disappearances and transitional justice.
The CFDA trains and informs people. It provides information through its social networks and website, as well as through its online radio station, Radio of the Voiceless. Since 2016, the radio station has covered human rights issues through regular podcasts and interviews. It is an integral part of our memorialisation work because it offers a space for expression to people who have been silenced. Since 2019, the radio station has also been following up and commenting on the Hirak and the authoritarian excesses of the Algerian regime.
The CFDA trains human rights activists in international and African human rights protection mechanisms, internal and external communication and conflict management. It invests heavily in the independence of the judiciary because it believes that the rule of law and democracy cannot exist without an independent judiciary, and that without the rule of law, the truth about enforced disappearances in Algeria will never be established.
What are your demands to the Algerian government?
With regard to the search for the truth, we demand an exhaustive and impartial investigation into all cases of disappearance so that the victim, if alive, is placed under the protection of the law, and if not, their remains are returned to their family. All those concerned by the disappearance must have access to the final results of the investigation.
The authorities must use all technical and legal means available to locate mass graves and unmarked graves, identify bodies, clarify the circumstances in which they were buried and return the remains to the families. They must set up a DNA database for identification purposes.
To put an end to impunity, the authorities must carry out immediate and impartial investigations into each alleged case of disappearance in which the instigator, perpetrator or accomplice is a public official. Any criminal complaint against an unknown person or public official must be declared admissible and investigated immediately. The state must also take urgent measures to guarantee the independence and impartiality of the judiciary.
In addition, appropriate and adequate reparations must be made to the victims, including adequate financial compensation, moral and psychological rehabilitation, and the fullest and most visible remembrance possible.
To ensure that the crimes of the past are not repeated, the state must respect, protect, guarantee and promote freedoms of opinion, expression, association and peaceful assembly for those who demand truth and justice. It must protect all the victims and their families against potential attacks on their physical and moral integrity that they may suffer as a result of their demands.
What support does Algerian civil society receive from international allies, and what other international support do you need?
International civil society organisations such as Amnesty International and the International Federation for Human Rights are constantly alert to the Algerian government’s repression.
In addition, these organisations, along with the CFDA and other Algerian organisations, have led and taken part in advocacy missions to international bodies, particularly in Europe, for the release of prisoners of conscience. We have obtained three resolutions from the European Parliament on human rights violations in Algeria.
Despite these actions, to our knowledge and great despair, no state has spoken out or denounced the repression in Algeria.
In this context, it is necessary to strengthen international solidarity to show a united front in order to create a balance of power that leads states to urge the state of Algeria to respect its international obligations regarding collective and individual freedoms and the establishment of the rule of law in Algeria, starting with judicial independence.
As for enforced disappearances, it is necessary to raise international awareness of the fact that this practice can occur under any repressive government and concerns all societies, all the more so in a globalised world where intergenerational traumas and practices are particularly mobile. This tactic first surfaced in the Latin American dictatorships of the 1970s and 80s, and is now used on every continent by authoritarian regimes of all political persuasions. Yet decision-makers and various stakeholders have shown themselves to be disengaged. We absolutely must mobilise a broad public and organise internationally to combat and prevent this crime.
Civic space in Algeria is rated ‘repressed’ by theCIVICUS Monitor.
Get in touch with CFDA through itswebsite, Instagram account orFacebook page, and follow@SOS_Disparus on Twitter.
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Civil society organisations call on Tunisia to lift all restrictions on civic space and independent bodies and restore the rule of law
Tunisia: More than 100 civil society organisations have endorsed a statement calling for an end to restrictions in Tunisia.
🇹🇳President Kaïs Saïed has, in the past year, implemented several decisions aimed at consolidating power in the hands of the executive!
— CIVICUS (@CIVICUSalliance) March 22, 2022
🚨Are we witnessing a gradual slide towards authoritarianism in #Tunisia❓
More info at https://t.co/smyRBBd4Af
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EGYPT: ‘Activists who work from abroad are being targeted through their families’
CIVICUS speaksabout the ongoing repression of dissent in EgyptwithAhmed Attalla, Executive Director of the Egyptian Front for Human Rights (EFHR).
Founded in 2017 and registered in the Czech Republic, EFHR is a civil society organisation (CSO) that promotes human rights in Egypt, with a specific focus on criminal justice, through advocacy, research and legal support.
What are the conditions for civil society in Egypt?
Civic space in Egypt has remained highly restricted for the past decade, with the authorities consistently targeting civil society activists, journalists, political dissidents and human rights advocates.
The 2019 NGO law restricts the rights of CSOs. It mandates their registration and enables the government and security forces to interfere in their operations and order the cessation of activities deemed sensitive by the government, such as monitoring human rights conditions and denouncing violations. Organisations registered under this law may also face funding restrictions.
Some CSOs had to shut down because the authorities targeted them with counter-terrorist measures or prosecuted their directors in Case no. 173 of 2011, commonly known as the ‘Foreign Funding Case’. In some instances, the directors of these organisations were prohibited from leaving the country and their assets were frozen. Some courageous organisations have persisted in their work even in the face of attacks against their directors and staff.
In September 2021, the government launched the National Human Rights Strategy, a propaganda tool aimed at concealing the human rights crisis ahead of hosting the COP27 climate summit in 2022. As part of this initiative, it took steps to release some political prisoners and engaged in a national dialogue that contained a broader spectrum of political actors, including civil society representatives.
How has Egyptian civil society organised in the face of repression?
Civil society has adapted to the ongoing repression in various ways. Many CSOs have decided to limit their public engagement and abstain from taking to the streets or limit their work to the provision of legal aid while refraining from undertaking research and international advocacy, especially with international human rights mechanisms. Other organisations have been forced to relocate their operations abroad to safeguard their staff and ensure the continuity and integrity of their work, which has had the opposite effect of facilitating their advocacy efforts with international mechanisms and among European Union (EU) member states.
In response to the continuous pressure, many organisations have started collaborating more closely. In 2019, EFHR coauthored a joint report with eight other CSOs for the United Nations (UN) Human Rights Council and participated in the Universal Periodic Review (UPR) session in which Egypt’s human rights record was examined. In 2023, we jointly submitted another report for Egypt’s UPR. We have also engaged in joint campaigns and participated in the formation of coalitions aimed at addressing specific challenges. Egyptian CSOs are increasingly recognising the importance of working together to amplify their impact and advocate for change.
How does EFHR work in such a repressive context?
When it was founded in 2017, EFHR was officially registered in the Czech Republic with affiliates in Egypt, where our team of researchers and lawyers provides crucial legal support by attending daily court hearings and working directly with victims of prosecution. We have successfully coordinated work between our overseas office and our colleagues based in Egypt. Our work focuses on issues that are ignored by the Egyptian authorities, including issues concerning criminal justice, detention conditions and gender-based violence.
We take various security measures to protect the identities of our staff. For instance, our research publications don’t include author names or contact details, and we maintain the anonymity of our legal team. These precautions give us some space to work and leverage our findings and expertise with international mechanisms, by engaging with UN Special Rapporteurs and working groups and collaborating with EU diplomats.
However, we have also faced some challenges. Three of our lawyers have been implicated in state security cases, facing accusations of affiliating with terrorist groups and potentially engaging in the use of force. We have managed to relocate other at-risk colleagues to ensure their safety. The same is happening to other Egyptian human rights organisations, whose members either managed to flee the country or were arrested and remained in prison for least two years.
How do you support Egyptian activists under threat?
We provide legal assistance to those who have been arrested or targeted by the authorities and take measures to ensure activists’ digital security and protect their anonymity, enabling them to continue their work. We collaborate with partners and foreign embassies to put pressure on the Egyptian government, but sometimes this doesn’t work.
Within Egypt, there are a few tools available to protect our colleagues at risk. Even political parties cannot protect their members in Egypt, so they also face regular detentions. Parties often attempt to exert pressure on the authorities to release arrested politicians but after releasing them the government arrests other members of the same organisations.
Are Egyptian activists safe in exile?
Activists who work from abroad are being targeted through their families. For example, the Egyptian-American human rights advocate Mohamed Soltan, who filed a case against former prime minister Hazem el-Beblawi, saw his five family members harassed and arrested as a result of his activism. A German resident, Alaa Eladly, was arrested upon landing in Cairo just because his daughter, Egyptian activist Fagr Eladly, criticised President Abdel Fattah el-Sisi president over human rights abuses at a 2015 press conference between the president and then German chancellor Angela Merkel . The father of Belgium-based journalist and human rights advocate Ahmed Gamal Ziada has recently been detained and accused of misuse of communication, spreading false news and joining a banned group. This strategy aims to silence activists and impose an even higher personal cost for doing their work.
What can the international community do to support Egyptian civil society?
To gain a comprehensive understanding of the situation in Egypt it is important to listen to the perspectives of local human rights defenders. Our international allies and partners must exert pressure on the Egyptian government to open civic space, stop targeting journalists, civil society activists and political figures and filing trumped up charges against them, and release all political prisoners detained for defending the fundamental rights to freedoms of association, peaceful assembly and expression.
EU member states must revise their terms of cooperation with Egypt to prioritise human rights. For instance, they should include human rights considerations as a conditionality for providing financial aid. It is imperative to strike a balance between the interests of governments and the demands of Egyptian civil society. It is also essential to sustain financial support for Egyptian CSOs, especially now that the economic crisis has also hit civil society.
Civic space in Egypt is rated ‘closed’ by theCIVICUS Monitor.
Get in touch with EFHR through itswebsite or itsFacebook page, and follow@egyptian_front onTwitter.
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EGYPT: ‘The president is desperate for international attention ahead of 2024 election’
What is the current state of civic freedoms in Egypt?
Civic freedoms are almost non-existent under the regime led by President Abdel Fattah El-Sisi due to the ideology of the ruling military class, which dates back to the 1952 military coup. Its ideology is based on a view of society as immature and irresponsible, and therefore not capable of sharing social, economic and political responsibilities with the state. In that, the Egyptian state has mimicked the Soviet model since 1953.
The regime relies on laws as a tool to control society, instead of just regulating it. Other institutions, such as parliament, have a duty to assist the executive in dominating society. This legal doctrine contrasts with the one embraced by countries that believe in the rule of law, where legislation is aimed at developing society rather than dominating it. Legal domination being such a central idea, the state can’t accept the existence of civil society, although many civil society structures predate the existence of the Egyptian state. The military regime that emerged in 1952 took over the assets of charities that were dedicated to serving society, on the basis of the belief that it is the state’s responsibility to provide for poor people, which leaves no room for others. This has also opened the doors to corruption.
Historically, civic space in Egypt has shrunk or expanded depending on the ability of the political regime to understand the reality of social change. President Hosni Mubarak, in power from 1981 until he was ousted in 2011, clearly understood these dynamics. He grasped the international human rights paradigm and allowed some freedoms at the local level. He didn’t shut down CSOs but instead permitted them to work on his own terms, under surveillance. Quite pragmatically, he understood that their work contributed to the stability he needed to remain in power. In other words, he utilised civil society to stay in power for three decades.
How do you interpret President El-Sisi’s recent call for a national political dialogue?
Thecall for anational political dialogue is likely the consequence of the president’s acknowledgement of two key challenges ahead.First, he has realised that the ongoing economic crisis is likely to be followed, possibly soon, by social unrest, eventually leading to political unrest if not contained. Observers have already forecasted social unrest breaking out ahead of the 2022 United Nations Climate Change Conference (COP27), which will be held in Sharm El Sheikh in Egypt in November.
The other key challenge is the 2024 presidential election, where he, as a presidential candidate, will be asked for a real electoral programme with a timeline. He can’t repeat the experience of the2018 presidential election, in which he ran in the absence of any actual competitor. For the upcoming election, a more open political atmosphere will be necessary. However, political competition remains blocked as most political activists are imprisoned or exiled.
In this context, the aim of the national dialogue is likely to oxygenate the political atmosphere. Towards the world, President El-Sisi has even shifted the official discourse, from denying human rights issues to admitting their applicability in Egypt. But it is important to note that the outcomes of the dialogue will be by no means binding, and El-Sisi will not be accountable to any of the parties involved. The dialogue, and the discursive shift, are just what he views as an optimal solutions to two major problems he will likely face.
How does the upcoming COP27 summit fit into the regime’s strategy?
El-Sisi is desperate for international attention and respect ahead of the presidential election but hasn’t so far gained any. Under his presidency, Egypt hasn’t hosted an international event since the 2015 Egypt Economic Development Conference.
Hosting COP27 is an excellent opportunity for his regime to whitewash its international reputation without opening up its closed civic space. El-Sisi was eager to host COP27 because the climate summit’s outcomes are not binding, so being the host won’t put his government under pressure to adopt the resulting recommendations, and Egypt even stands to benefit from international investment in its renewable energies sector.
The only potential issue is posed by international environmental activists who will likely protest, which is why the Egyptian government chose Sharm Al Sheik, a geographic locationwhere protests can easily be contained by security forces.
To what extent is campaigning for the liberation of imprisoned activists such as Alaa Abdel Fattah affecting Egypt’s public relations machine?
Some high-profile cases, such as that of imprisoned Egyptian-British blogger and activist Alaa Abdel Fattah, can in the short term be damaging to the government’s whitewashing attempts. Alaa has been on hunger strike since April and his family has been quite active in sharing updates on his condition with international media and advocating for his liberation, to the point that he has become a sort of symbol of the plight of persecuted and imprisoned Egyptian human rights defenders.
But having Alaa as a symbol for the campaign has a downside. While the campaign may lead to his release or an improvement in the conditions of his detention, if he gets released before November the campaign will lose momentum and the Egyptian government will position itself as moderate and reasonable. So in the long run, the campaign won’t make a big dent on Egypt’s public relations machine.
For it to profit the most off COP27, the Egyptian government needs to bring as many global leaders as possible to Sharm El Sheikh. To prevent this happening, there is a need for a broad connected campaign led by Arab and international advocates to raise awareness about the human rights situation in Egypt. Sadly, I am not aware of any significant coordination efforts between human rights and environmental activists, Egyptian or otherwise, inside Egypt or abroad, in the run-up to COP27.
Civic space in Egypt is rated ‘closed’ by the CIVICUS Monitor.
Follow@AhmedSamih on Twitter. -
EGYPT: ‘We are dealing with an extremely elaborate, very creative repressive machinery’
CIVICUS speaks with Egyptian activist Mona Seif about the international campaign for the release of her brother, British-Egyptian political prisoner Alaa Abdel Fattah, ahead of the COP27 climate summit taking place in Egypt in November. Alaa played a leading role in the protests that led to the downfall of former dictator Hosni Mubarak in 2011, but since President Abdel Fattah El-Sisi came to power in 2014, he has spent most of the time in prison or police detention. He has been jailed since December 2021 on a five-year sentence for sharing a Facebook post denouncing abuses against imprisoned activists. Following the 2011 uprisings Mona has been part of the No Military Trials for Civilians Group. Alaa and Mona’s father, Ahmed Seif El-Islam, is also a prominent human rights lawyer.What is Alaa’s situation in prison?
He’s been denied both a British consular visit and his lawyer’s visits. So on 2 April he went on a hunger strike in protest.
It has been nearly 200 days now. To sustain his strike this long, he has been ingesting around 100 to 150 calories per day. Last time I saw him, before I travelled outside Egypt in June, he had already lost a lot of weight and looked quite frail. When I visited him again more recently it shocked me. I had never seen him so weak, so emaciated. He has become a skeleton with a lucid mind.
As his demands are still not being addressed, he is considering going back to a full hunger strike, when he relied only on water and salts. That means his health may deteriorate much faster.
What are his demands?
Alaa’s demands have evolved since he first went on his hunger strike. In the early days, he requested an independent judge to investigate all the human rights violations he had endured since September 2019, which our family reported.
Alaa has been systematically deprived of his basic rights as a prisoner, and while in the Tora maximum-security prison he witnessed horrific crimes. He saw officers preventing detainees accessing any kind of medical care and saw inmates dying after calling for help for hours.
As a British citizen, he demanded access to the British consulate and his lawyers in the UK. He waited for this to happen for four months before he started a hunger strike.
In a recent family visit, Alaa handed my mother and sister a new list of demands concerning the situation of all prisoners and political prisoners, arguing that there is no room for ‘individual salvation’. He now demands the release of all those detained or imprisoned in national state security detention facilities and headquarters after exceeding the two-year maximum pretrial detention period, as well as all people imprisoned for expressing their ideas, convicted for political reasons, or tried by emergency courts.
What tactics are the Egyptian regime using to silence dissent?
We are dealing with an extremely elaborate repressive machinery, which is very creative in coming up with new tactics of repression and shifting them when necessary.
For instance, between 2013 and 2015 the government mostly dug up old assembly laws and used them to crush protests. Since 2015 there has been a steep rise in enforced disappearances: people are simply kidnapped and disappeared, possibly kept in a military-run detention facility. We continue to lack sufficient information about these sites. Then there was a wave of prosecution of protesters on terrorism charges.
Since 2019 people have been increasingly detained on state security accusations, with detention being renewed over and over without detainees being referred to the courts for as long as the government sees fit. They are doing what we now call ‘recycling’ detainees: people are kept in detention for some time, then released but soon slapped again with the exact same charges – but as there is now a new case against them, they press the reset button and keep them for yet another period of preventive or pretrial detention.
How have international allies helped raise human rights issues?
International civil society is our main lifeline. Most of the media platforms are blocked in Egypt. Many lawyers have been harassed and targeted, and some are in prison. A lot of human rights defenders have been pushed into exile, or are continuously threatened and harassed, or have been thrown in prison. So it is increasingly hard to find someone who will speak up on our behalf.
The few civil society organisations that are still operating domestically, and definitely international organisations based abroad, are the main channels through which the families of prisoners and other people in Egypt can voice their concerns, call for help, try to gather some attention and put on some pressure to at least try to alleviate some of the abuses.
Over the past two years, we have increasingly relied not just on international organisations abroad, but also on the Egyptian diaspora. Within their capacity, those who have had to leave Egypt try to bring attention to what is happening in the country.
But we must bear in mind the regime also harasses Egyptians living abroad, often through retaliation against family members who remain in the country. Egyptian embassies in some countries, such as Germany, are complicit with state security services. They send people to harass activists and report on them, so many are afraid of participating publicly in peaceful protests.
We have relied on allied civil society organisations for reporting purposes. The number of rights violations and crimes committed on a weekly basis is enormous, and tactics of repression shift so much that it is sometimes hard to keep up.
I experienced all these changes in tactics first-hand, as a sister of a detainee. But keeping up and documenting everything is overwhelming. Most people doing human rights work in Egypt are burnt out and exhausted. This has been going on for years and everyone has dealt with trauma in one form or another.
How do you view the Egyptian government’s initiative to release some political prisoners ahead of COP27?
The Egyptian regime has released only 500 detainees over the past few months. But there are tens of thousands of political prisoners in Egypt.
The recent releases are part of the regime’s international public relations strategy in response to concerns expressed by the international community about the deteriorating human rights situation. The authorities claim they are opening a new chapter in its relationship with domestic civil society, the opposition and the international community.
But this is far from the truth. They are not willing to do the bare minimum. Alaa’s case makes clear that the regime is not serious about resolving the situation of political prisoners. Alaa continues to be denied his basic rights both as an Egyptian and a British citizen. I’m worried this may continue up until a point the damage will be irreversible.
If such a high-profile prisoner is subjected to these kinds of human rights violations, including torture, one can only imagine what is happening to other prisoners without Alaa’s support and visibility. I think the release of a few people is the best we can hope for.
Needless to say, no one is being held accountable for the torture or ill-treatment of prisoners. Since 2019 the General Prosecutor has not addressed any complaints concerning the situation in prisons. Whenever a particularly serious human rights violation gets some attention, the PR machinery sets in motion to smear the detainees and their families. And for most families, the focus is on stopping ongoing violations that endanger the lives of their loved ones rather than holding perpetrators accountable. In the long run, it will be a problem that we are all so focused on trying to save as many people from this prison system as possible that nobody is paying enough attention to seeking proper justice and accountability.
Do you think COP27 will provide an opportunity for international solidarity with Egyptian civil society?
The reality is that most governments don’t care what the ruling regime is doing in Egypt. They are willing to turn a blind eye to El-Sisi’s atrocities because he fits into regional arrangements and is easily brought into mega business deals and arms deals that involve a lot of money. Who cares how big a debt he is accumulating on the shoulders of Egyptian people.
This makes it much harder for people working on documenting and exposing the regime’s crimes to try to stop them. At the end of the day, business deals sustain the facade of mutual respect between western governments and the Egyptian government.
The Egyptian government is increasingly aware and taking advantage of the fact that it can get away with so many crimes as long as it keeps satisfying the economic interests of France, Germany, the UK and the USA.
This is all working very well in the run-up to COP27, which the Egyptian regime is clearly using as a whitewashing PR stunt. In doing this, they are being assisted not just by the Gulf countries, which was to be expected, but by many western governments. Despite the recent talk of the USA withholding some of its military aid, if you look at it, the reality is that El-Sisi is getting all the support he needs.
All we can do about this is what we are already doing, which is try as much as possible to make enough noise to bring attention to the crimes and rights violations the Egyptian regime does not want the world to know about. This may come at an extremely high price, but it is what it is. This is the reality of living in Egypt in 2022, under El-Sisi’s rule.
Civic space in Egypt is rated ‘closed’ by the CIVICUS Monitor.
Follow @Monasosh and @FreedomForAlaaon Twitter and sign this petition for Alaa’s release.
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EGYPT: ‘Women’s rights are not a priority in the government’s agenda’
Content warning: this interview contains references to sexual assault, rape and femicide.
CIVICUS speaks with Azza Soliman about the widespread anger triggered by recent femicides in Egypt, and more generally in the Middle East and North Africa, and civil society’s role in eliminating gender-based violence (GBV).Azza is a lawyer, women’s rights advocate and co-founder of the Centre for Egyptian Women Legal Assistance (CEWLA), an Egyptian civil society organisation (CSO) established in 1995 to advocate for gender equality, and specifically for the legal equality of women and amendment of discriminatory laws.
Why has the recent femicide case had so much impact?
The news about the murder of Naira Ashraf, a student at Mansoura University, by a man whose marriage proposal she rejected, went viral on social media, bringing massive media coverage in the news – as if it were an unprecedented incident.
The truth is that our society has a very short memory: it easily forgets the killing of women and girls, so it treats every femicide as if it were the first, rather than as part of a systemic problem. Egyptian media does not even bother to refer to existing data on GBV collected by CSOs.
Civil society has been researching these issues, so we are not surprised at cases such as Naira’s. In our society, women’s bodies are subject to all kinds of violence due to custom and tradition, and this is reinforced by the lack of legislation on GBV that could act as a deterrent. A United Nations (UN) survey conducted in 2015 concluded that almost eight million Egyptian women were victims of violence committed by their partners or relatives, or by strangers in public spaces.
Religious discourse degrades women instead of strengthening our role in society. Public discourse not only normalises violence against women but also justifies it by blaming the victim. This was clear in the comments the news of Naira’s murder received on social media, which questioned the very idea of women’s rights and women’s freedom to reject a potential partner.
In short, femicide is part of growing social phenomenon of GBV that has many faces. In the extreme, it takes the form of murder, but it has many other expressions, including collective sexual harassment, which has also recently become more widespread.
In the light of this, CSOs have raised their voice against the outdated legal definition of rape in Egyptian legislation, which leaves out many forms of the phenomenon that used to be relatively unfamiliar in our society. The law defines rape as the forced penetration by the male sexual organ and excludes penetration with any other objects, as well as forms of rape that don’t involve penetration.
Additional forms of GBV, including domestic violence, have been exposed thanks to social media, where women and girls have become more outspoken and have started telling their stories. Now the law needs to catch up.
How similar is the context in Egypt to that of other Arab countries?
I think femicides in Arab countries have commonalities that are the result of a shared inherited patriarchal culture. This generates sympathy for the murderer over the victim, whose so-called ‘honour’ is called into question.
Very recently, a case similar to Naira’s happened in Jordan: Iman Arsheed, a 21-year-old student, was shot on her university campus in Amman. Her family said she had rejected multiple marriage proposals from her suspected murderer. Both killings, in Egypt and Jordan, were followed by a smear campaign against the victims and in defence of the murderers. Both countries lack laws that protect women from violence.
The latest murders have sparked widespread outrage about femicides and calls for change across the region. For example, young feminist groups proposed a call for a regional strike on 6 July, and our organisation joined forces with other feminist groups in the region. Some held protests, while others issued statements in support of the strike.
What roles have you and other Egyptian CSOs played in advocating against GBV?
One of the main reasons behind rising levels of femicide in Egypt is the absence of legislation to protect women from GBV. Of course, the law alone cannot prevent GBV, but it is a crucial tool for social change. That is why our organisation, CEWLA, has collaborated with other feminist organisations to prepare a draft law on GBV. Two female members of parliament have proposed the draft bill on two separate occasions, but the legislation committee of parliament has so far failed to include it on its agenda.
Civil society has also shed light on the outdated legal definition of rape in Egypt’s Penal Code and continues to call for legal change. As part of the Feminist Arab Alliance, CEWLA also contributed to drafting model GBV legislation for the Arab world.
Back in 1999, CEWLA was a pioneer in conducting research on the issue of ‘honour crimes’ in Egypt, which is still a somewhat taboo subject. Our research found that judges usually use Article 17 of Egypt’s Penal Code to commute punishment for the perpetrator of honour crimes, on the basis of the accusation that the victim has violated ‘customs and traditions’. We have long advocated for ending the use of this article, as it is only used this way in GBV cases, and not in others such as drug-trafficking cases.
This brings us to the vital role of judicial authority in combating the male-dominated culture that threatens the safety of women. In this regard, as recommended by the UN Committee on the Elimination of Discrimination Against Women (CEDAW), we conduct gender-sensitive training of judicial and law enforcement officers and other public officials. We also work to raise social awareness because of its potential to confront regressive thoughts in society. Recently, we have launched a social media campaign, ‘Violence is Culture,’ that aims to generate social discourse condemning GBV.
On the ground, we facilitate dialogue between local women and officials in a police station located in Imbaba, one of Giza’s working-class neighbourhoods. Our programme builds trust between the two parties, so women and girls can report any form of GBV, including domestic violence, and the police commits to taking them seriously.
What should the Egyptian government do to curb femicide?
Women’s rights are not a priority in the government’s agenda. This is the first obstacle against passing a GBV law. We insist on such law being passed since we live in a modern state where victims and survivors should be able to seek justice through the law.
Once such a law is passed, we will need to focus on its enforcement, which should be supported by the joint work of the media, the Ministry of Education and the religious institution for Muslims, Al-Azhar. These institutions should adopt a progressive discourse about women’s rights and against GBV. These efforts should be part of the overall concept of the rule of law, where impunity for violence against women is not tolerable.
The Egyptian government should expand the GBV unit of the Ministry of Interior in Cairo to police stations across the country, especially in rural areas, where local people don’t let CSOs ‘interfere’ in GBV cases. Our lawyers have been attacked in these villages. The state’s support is essential for us to continue our work.
The Egyptian government is responsible for implementing international recommendations and standards. The latest CEDAW report included a series of recommendations, including to combat GBV, that the government has agreed to pursue.
What obstacles do Arab feminists face, and what kind of international support do they need?
Undoubtedly, civic space has shrunk enormously in the Arab region over the past eight years as Arab governments have copied and pasted repressive legislation to restrict the freedom of association. Moreover, Arab feminist groups operate in very hostile cultural environments. On top of that, the pandemic put enormous pressure on us for almost three years.
More recently, funding for CSOs has also diminished as international donors have reallocated funds towards Ukraine. All this has combined negatively to reduce cooperation among Arab CSOs, in contrast to the proliferation of civil society initiatives across the region following the 2011 uprisings.
International CSOs must put pressure on their governments so they include articles requiring respect for human rights in their agreements with Arab regimes. They must make sure their governments fulfil their commitment to these articles to support the human rights defenders in Arab countries who are subjected to travel bans, among other violations.
International organisations should also prioritise mental health support for Arab women human rights defenders who experience burnout. We have gone through a lot. Well-being support is not a luxury: it is essential for us to continue our work.
Civic space in Egypt is rated ‘closed’ by theCIVICUS Monitor.
Get in touch with CEWLA through itsFacebook page. -
MOROCCO: ‘Support those who were there before the earthquake hit and will stay when the cameras are gone’
CIVICUS speaks about the role of civil society in the response to the recent earthquake in Morocco with Victoria Vrana, Chief Executive Officer at GlobalGiving.Founded in 2002, GlobalGiving is a nonprofit organisation working to accelerate community-led change. When a crisis happens, GlobalGiving works to quickly deliver funds to vetted organisations that are best suited to lead immediate and long-term relief and recovery.
What can governments do to reduce the damage caused by natural disasters?
Governments play a critical role in disaster response, and there is a global need for enhanced disaster preparedness and risk reduction efforts. Even thoughevery US$1 invested in disaster risk reduction saves US$6 in damages, the currentglobal spending on disaster response is five times higher than the spending on risk reduction. Prioritising disaster-resilient homes and businesses, early warning systems and risk mapping saves lives. Still, relatively little attention is being paid to these essential activities worldwide, leaving the most vulnerable communities, including children, women and low-income families, underprepared when disaster inevitably strikes.
How does civil society help address disasters?
When governments impose aid restrictions or, in the chaotic aftermath of a disaster, block roads or runways, circumventing red tape becomes crucial for delivering aid directly to those in need. During earthquakes, friends, families and neighbours emerge as the true first responders, standing on the frontlines alongside local organisations. The goal of GlobalGiving is to deliver aid into their handsas quickly as possible. We rapidly mobilise resources and make disbursements within a few days after a disaster strikes.
What work is GlobalGiving doing in Morocco?
There is an ongoing disaster response with many stakeholders involved. GlobalGiving collaborates with over two dozen vetted nonprofit partners, actively involved in earthquake-affected areas. Many of them are registered and based in Morocco and others have decades of experience working in the country. We focus on empowering those local, community-led organisationsto make a lasting impact by providing them with the necessary tools and resources for pre-crisis, crisis and post-crisis situations.
GlobalGiving is a safe and trusted organisation with over 20 years of experience accredited by theBBB Wise Giving Alliance andhighly rated onCharity Navigator. All donations to theGlobalGiving Morocco Earthquake Relief Fund contribute to relief and recovery efforts in Morocco.
Initially, the fund has been instrumental in addressing survivors’ immediate needs in food, fuel, clean water, medicine and shelter. As time passes, our fund will shift its focus to support recovery efforts. The most significant challenge isrebuildinglives and communities following disaster. Our partners will be working to meet the most pressing needs over the coming months, but the rebuilding process will likely take years, leaving many people without permanent homes in the meantime.
What international support does Morocco currently need, and how can people help?
Some of the greatest needs include food, water, emergency medical supplies and temporary relief and emergency supplies for displaced families. Our partners are also providing mental health and psychosocial support for affected communities, including frontline workers. You can contribute to all these efforts by donating to theGlobalGiving Morocco Earthquake Relief Fund.
History demonstrates that attention shifts elsewhere over the next few weeks after a disaster takes place, but affected communities are left grappling with the impacts for years to come. In the case of Morocco, we’ve already observed a decline in news coverage, leading to diminishing international support. Astartling 70 to 80 per cent of disaster funding is directed at short-term relief, with the majority allocated within the first two months of a disaster. Therefore, continuous support to local groups and those with contextual knowledge is of paramount importance.
At GlobalGiving, we advocate for planned donations that help survivors in the long run. So we encourage people to consider making a smaller immediate donation, followed by further contributions over time or, even better, to set up a monthly recurring donation to provide a steady source of income to help communities meet their long-term needs.
When you donate locally in the aftermath of an earthquake or another natural disaster, your contribution goes to organisations that have been living and working in the affected area and are better able to find context-specific solutions. Those people were there before the earthquake hit and will stay long after the news cameras are gone.
Civic space in Morocco is rated ‘obstructed’ by the CIVICUS Monitor.
Get in touch with GlobalGiving through itswebsite orFacebook page, and follow@GlobalGiving and@vicvrana on Twitter.
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SUDAN: ‘The only way out of this mess is through civilian rule’
CIVICUS speaks about thewar in Sudan and its repercussions for women and civil society with Reem Abbas, a Sudanese feminist activist, writer and fellow at the Tahrir Institute for Middle East Policy (TIMEP).Founded in 2013, TIMEP is a civil society organisation that works to centre advocates and experts from and in the Middle East and North Africa in policy discourse to foster more fair and democratic societies.
What’s the current humanitarian situation in Sudan?
Active conflict persists in around 60 per cent of Sudan’s territory. The continuous fighting entails targeting of civilians and mass displacement. In some states, much of the civilian infrastructure, including hospitals, markets, schools and universities, has been damaged. In Khartoum and West Darfur states, about 70 per cent of hospitals have been damaged or partially destroyed.
Civilians and civil society activists are unsafe. The situation greatly restricts people’s freedom of movement, their ability to sustain a livelihood and their capacity to express their opinions freely. There are pockets of relative security in Eastern and Northern Sudan, but even in areas deemed secure displacement persists and schools remain closed because internally displaced people are living in them and other public buildings.
Many livelihoods have totally collapsed, leaving people increasingly dependent on aid. We are already witnessing cases of famine, particularly affecting children, resulting in deaths.
How has the conflict impacted on women and girls?
Women have always been targeted in conflicts in Sudan. Political violence, rife in Sudan given its volatile political history, has also often taken aim at women. There’s rarely any accountability for sexual and gender-based violence. The Rapid Support Forces (RSF) – the militias that are fighting against the army – are abducting women and selling them as sexual slaves in markets or holding them captive for extended periods. Families are left in distress, unsure of the whereabouts of their daughters, and are sometimes embezzled for money.
This is a war on women. Part of it stems from structural factors that place women in subordinate positions, but there’s also a punitive element directed at women for their pivotal role in the 2019 revolution that overthrew dictator Omar al-Bashir. During the revolution, women were out there, highly visible on the frontlines, and now it feels like they’re being punished for it.
The targeting of women is tearing the social fabric apart. As public spaces become unsafe for women, fewer women are participating in public life, including in economic activities and activism. This will have long-term consequences.
What roles is civil society playing in this context, and what challenges does it face?
It’s important to recognise that civil society in Sudan isn’t a monolithic entity, but rather a complex mix of different layers. Some were heavily involved during the transitional period that followed the revolution, getting deeply integrated with government structures at the time. Then there are women’s groups, each with their own focus and agenda. Alongside them, there are more formal organisations such as non-governmental organisations and trade unions. And let’s not overlook the revolutionary elements, such as the resistance committees and emergency responserooms, decentralised and horizontal structures working to shelter displaced people, support hospitals and secure food and water supplies.
The more formal parts of civil society are currently heavily involved in politics, while its revolutionary segments are deeply engaged in grassroots humanitarian efforts. They’re essentially functioning as local governments in areas where official governance structures are absent.
Despite its crucial role, civil society faces numerous challenges. The organic growth of grassroots movements is stunted by conflict and dictatorship. The polarising effects of war have led to divisions along political, ethnic and regional lines, further fragmenting civil society. Activists are increasingly targeted by the RSF or the army, threatening their ability to operate.
In an environment where conformity to mainstream opinions is increasingly enforced, it becomes increasingly difficult to maintain dissenting voices. This situation underscores the urgent need to safeguard the diversity and autonomy of civil society in Sudan.
However, attention and funding often gravitate towards already well-funded organisations, leaving grassroots initiatives to rely solely on community support. While funding alone doesn’t create a functional organisation, it’s important for organisations and groups to grow in an organic way and be able to garner support from the community.
How is civil society advocating for peace and democracy?
Right now, the conversation is all about security and getting things back to normal. People are doubting whether we can even think about democracy after all this chaos. The situation’s tough, with militarisation and conflict everywhere. But the only way out of this mess is through civilian rule. We need to figure out how to link the peace process to a long-term political solution that puts us back on track for democracy.
Unfortunately, the focus of the political elite appears to be more on preserving its positions rather than addressing urgent issues. There are concerns that the largest political coalition has developed close ties with the militia, causing unease among those involved in the revolution. Without a bigger political group that really listens to people and leads responsibly, we’re going to be stuck with military rule for ages. Right now, it should be all about finding common ground and putting the focus on the people who’ve suffered most from this war – not about politicians trying to claw back power or siding with the military.
There’s a lot of talk about how the transitional government messed up and led to the coup and the war. People are sceptical about civilian rule and whether it can fix things. It’s easier to sell the idea of a military-run government when people are feeling scared and vulnerable. Even though it’s militarisation that got us into this mess in the first place, it’s understandable because people just want to feel safe again.
What should the international community do to address Sudan’s dire security and humanitarian situation?
It’s time for the international community to stop sticking to one side of the story and start listening to everyone involved. They’re pumping all their funds into one camp and ignoring a whole bunch of other perspectives. We need more humanitarian aid, particularly considering the famine situation. Millions of people are at risk, with nowhere to turn and nothing to support themselves with.
Investment in basic infrastructure like hospitals and water plants is crucial too. People need services, and they need them now. Some areas haven’t had clean water for months because water plants are getting caught in the crossfire.
The international community must also demonstrate political determination. People’s lives are on the line. We need clear plans and urgent action to stop this war.
I want to emphasise the significance of civil society solidarity. This is crucial when our governments show ambivalence towards our concerns. In such situations, we must become each other’s voices and amplify our collective message. We must seek ways to connect, demonstrate solidarity and collaborate effectively.
It’s important to learn from one another and work together towards shared objectives. Collaboration with civil society groups and networks across the world is greatly appreciated. It’s through such partnerships that we can make a meaningful impact and bring about positive change.
Civic space in Sudan is rated ‘repressed’ by theCIVICUS Monitor.
Get in touch with TIMEP through itswebsite or itsFacebook andLinkedIn pages, and follow@TimepDC and@ReemWrites on Twitter.
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TUNISIA: ‘Civil society is not yet under direct threat, but we believe that our turn is coming’
CIVICUS speaks about the prospects for democracy in Tunisia following the president’s July 2021 power grab with Amine Ghali, director of Al Kawakibi Democracy Transition Center (KADEM). KADEM is a civil society organisation (CSO) aimed at promoting civil society’s contribution to democracy and transitional justice in Tunisia and the wider region, through awareness-raising, capacity-strengthening and documentation. -
TUNISIA: ‘The new constitution will guarantee the president extensive powers, enabling further violations’
CIVICUS speaks about Tunisia’s 25 July constitutional referendum with Amine Ghali, director of Al Kawakibi Democracy Transition Center (KADEM).
KADEM is a civil society organisation (CSO) that aims to promote civil society’s contribution to democracy and transitional justice in Tunisia and the wider Middle East and North Africa region, through awareness-raising, capacity-building and documentation.
Why is President Kais Saied holding a constitutional referendum on 25 July?
Changing the constitution or revising it is part of the president’s private project – a plan he didn’t announce either when running for the presidency in 2019 or during his first two years in office. This all started with President Saied dismissing the prime minister and suspending parliament in July 2021.
At that time, he didn’t even announce the revision of the constitution. It was only in mid-December that the president had to spell out a roadmap under international and local pressure. At the heart of Saied’s roadmap is a new constitution.
Unlike the 2014 constitution, which was based on broad consensus, the process leading to a constitutional referendum didn’t gain public support. When people were asked their opinion on revising the constitution, as part of online consultation organised in early 2022, only around 30 per cent of respondents agreed. Still, the president has gone ahead with the constitutional review process, with a referendum campaign asking Tunisians to vote ‘yes’ to ‘correct the course of the revolution’.
To what extent has civil society engaged in the process leading to the upcoming referendum?
Civil society has gone through unprecedented times in recent months. When it comes to its stance on the issue, in broad terms civil society has mostly been either silent or supportive.
At the start of the president’s July 2021 power grab, some civil society activists who were fed up with problems we have encountered in the past few years, with an inefficient democracy, saw Saied’s move as a political attempt to correct the trajectory of our democracy. One of Saied’s early promises was to fight corruption and bad governance.
But as soon as the president revealed his intention to change the constitution, political parties, influential people and some civil society groups started to oppose him.
Civil society is not one group or in one position – of course there is some diversity. The most vocal and influential groups are critical of him, especially since the planned new constitution was shared with the public; they realised its aim is not to ‘restore democracy’, but rather attack it. Now many are trying to stop the referendum process happening.
How has civil society organised against the referendum?
Although civil society’s response is late, they have recently used a range of means to oppose the referendum. Coalitions have been built, civil society has published position papers, conferences have been held.
Some groups are calling for a boycott of the referendum while others are trying to bring a case to court, although they do so in the face of presidential attack on justice: in June the president fired 57 judges, accusing them of corruption and protecting ‘terrorists’. In protest against judicial interference, Tunisian judges went on strike, only returning to work very recently.
The Tunisian League of Human Rights, a prominent CSO, has called on the president to withdraw his proposal and instead enter a wider dialogue with Tunisian society.
How free and fair might the referendum be?
When democratic transition took place in 2011 our country strived to create independent institutions such as the electoral commission and an anti-corruption body, among others. The proposed constitution dissolved almost all these independent bodies.
The only one it keeps is the electoral commission, which President Saied seized control of in May by firing its members and appointing new ones. In February he dissolved the High Judicial Council, as well as sacking the judges in June.
Given that context, the independence of this ‘independent commission’ running the referendum, and the integrity of the whole election, must be questioned.
What are your expectations for the results, and what impact will they have on the quality of democracy?
By examining the latest polls on President Saied’s approval ratings, he still has huge public support. But this is the result of his populism. He is a populist president and populism – at least in its early years – has many supporters. But once a populist president fails to deliver on their promises, they lose popularity and support. In Tunisia, we are still going through the early stages of populism.
Despite his popularity, I believe that his upcoming referendum will have a very low participation rate. With a small turnout, the legitimacy of the result will be questioned.
But the president and his regime don’t care about legitimacy. For example, when the national consultation took place months ago, it was a complete failure in terms of the participation rate. Yet President Saied used it as a justification to hold this referendum.
If the referendum is approved, it will be followed by parliamentary elections in December, according to his roadmap; parliament was dissolved in April. Meanwhile, there will probably be several ‘reforms’ and new laws. I am afraid to say that the next phase is quite scary because the president has the ultimate power to change laws without any checks and balances, in the absence of an independent judiciary, constitutional court and parliament.
Democracy means the separation of powers, checks and balances, and participation, but all of these have been cancelled by the president since July 2021. He has tightened his grip over the entire executive body, the entire legislative body, and even part of the judiciary. With an attack on the judiciary, we can count less on judges to be the ultimate defenders of rights and freedoms. Our democracy is probably at its worst level since the 2010 revolution that ousted autocrat Zine al-Abidine Ben Ali.
The human rights situation is worsening with the decline of democracy. We have witnessed several human rights violations, some of which reminded us of the kind of abuses that were committed during the early years of the revolution. The difference between that time and now is the absence of any accountability. The president hasn’t been held accountable for any decision he has made during the last year.
From our side, civil society has condemned these violations, but it was not enough, so we have been trying to network with various defenders of democracy in Tunisia as well as abroad. In the next phase, civil society will continue its pressure and mobilise against any deviations from democracy, given that the new constitution will guarantee the president extensive powers and open the doors for further violations.
How has the international community responded?
We feel the international community has left Tunisia behind. The international community is offering a very weak response to this attack on democracy and the loss of a democratic country. The community of democratic countries is not putting in much effort to keep Tunisia within its family.
Many of us are very disappointed by their reactions to the closure of parliament and what followed. The result is a very bad draft constitution that will probably cancel Tunisia’s democracy. But there has been no solid response from democratic friends of Tunisia.
In this way, they encourage the president to commit more violations. These countries are back to their policies of the past decades in prioritising security and stability over democracy and human rights in our region.
Civic space in Tunisia is rated ‘obstructed’ by theCIVICUS Monitor.
Get in touch with KADEM through itswebsite or itsFacebook page. -
TUNISIA: ‘We are just students fighting for the future in times in which our opinions are disregarded’
CIVICUS speaks about the impacts of the climate crisis in Tunisia and civil society responses with Aziza Fakher, a biology-geology engineering student and member of Youth for Climate Tunisia (YFC Tunisia).Founded by two students in July 2019, YFC Tunisia strives for social and climate justice in Tunisia. It acknowledges the impact of the climate crisis on vulnerable and marginalised communities and demands climate action through digital campaigns and on-the-ground mobilisation.
What prompted the foundation of YFC Tunisia, and what issues do you currently work on?
The movement was started during the 2019 heatwave, which hit the whole of Tunisia and was so bad that you couldn’t leave your home without first getting properly hydrated.
Due to its diversity of ecosystems and landscapes, Tunisia faces multiple climate issues. Access to water is a human right, but here it is a very challenging issue. Receding coastlines put the lives of many Tunisians living on islands in peril. The coastline as a whole is endangered.
We are also working with other civil society organisations (CSOs) to stop industrial pollution in the city of Gabès, which faces an environmental catastrophe. Industries there have destroyed natural ecosystems and Indigenous communities. This fits the definition of ecocide, and the rest of the country should acknowledge it.
All of this has impacted on women in very specific ways. There are rural areas where women still have to carry barrels of water for as far as 10 kilometres. In places such Gabès, they live amid pollution, and for those of reproductive age this can have long-lasting impacts both on themselves and on future generations.
We advocate for the introduction of climate education in all school curriculums and for exposing women to it as well, so they can transmit it to their children. Although the government has signed an agreement indicating support, it has so far been passive. CSOs lack funds to get this work done and the state hasn’t intervened or reached out to help.
Why is climate so important for young people in Tunisia?
This is important to us because it’s our future that is at stake. Young people have been very serious and dedicated to tackling this crisis from day one: we have skipped school to fight for the climate, we have helped other CSOs, we have reached out to political figures who have shut us down and refused to meet with us and listen to us. We have played a role in influencing other young people and raising wider awareness, which has been an important goal of the movement since it was founded. Indeed, we are still recruiting more young activists every day and we are able to provide them with a platform and a space to express themselves and their thoughts about the ongoing crisis.
People tend to forget that we are just students fighting for the future in times in which our opinions are disregarded. Many of us are endangering our daily lives, but we think it is worth it.
How has thecurrent political crisis influenced your work?
The political and economic situation has influenced our movement. If one of your main tactics is to reach out to decision-makers to advocate for the adoption and implementation of laws and policies, a constantly changing situation is a big problem. It does not let us get ahead in our work and regularly makes us lose ground on the progress previously made.
When we first held a strike in Tunis, the Tunisian capital, we were exposed to religious conspiracy theories, which people tried to use against us because they refused to believe that climate change was real. Politicians and government officials should have conveyed the correct message to educate the public so that this crisis isn’t something alien and mysterious to them. But they didn’t.
We received backlash and were targeted with criticism and hate speech concerning our methods. Others, however, have said that our discourse is too soft, that we do not take risks and that we are not active in real life. Our response to them is that we are young Tunisians living in a context of political unrest, so our real-life activities are always uncertain.
The economic context for activism is also complicated, especially following the recent news about the president’s intention to ban all foreign funding for Tunisian CSOs.
We have often found ourselves lagging in the funding department. The situation is very difficult for many CSOs that have no independent funding. If we are unable to get funding, we will be unable to work on new projects. We are very uncertain regarding our future plans. And being young activists, we also struggle to exercise our right to access data and information, which is a huge issue in Tunisia.
Additionally, we have faced bureaucratic restrictions. For example, we have recently had to submit our registration paperwork because we are working on climate education and we are not allowed to work with children or in a school or university environment unless we are recognised and certified as a formal CSO. But we have faced challenges because the process is very slow and requires a huge amount of paperwork.
What are your demands for national and international decision-makers ahead of the COP27 climate change summit?
We are aware that activity in the global north has a huge environmental impact on the global south, including Tunisia. Since COP27 will be held in Egypt this year, we have formed a coalition with other environmental rights groups to work at a regional level.
We want to see more engagement from local and global politicians in terms of laws and policies to tackle climate change, and also for them to condemn greedy capitalist profiteers. We would like the Tunisian government to acknowledge the Sustainable Development Goals in the Tunisian context and to implement nationally determined contributions and start a transition to renewable energy.
New laws must also be introduced to protect future generations’ right to water and food security. The Ministry of Environment must adopt climate change mitigation and adaptation measures. Effective waste recovery and management systems must be adopted, because the lack of these is a huge problem for local communities. People have died as a result of living near toxic waste dumps. We also need state-run awareness campaigns targeted at marginalised and vulnerable communities. And we want climate education in all schools, because of its crucial role in preparing kids for the future to come.
We are willing to work together with other CSOs that share our goals. Because these are human rights issues, we would like to bring them into the United Nations Human Rights Council and its Universal Periodic Review sessions, where civil society voices are heard, taken into consideration and empowered.
Civic space in Tunisia is rated ‘obstructed’ by theCIVICUS Monitor.
Get in touch with Youth for Climate Tunisia through itsFacebook andInstagram pages, and follow@yfctunisia on Twitter. -
USA: ‘The stakes in the 2024 election are incredibly high for the fate of US democracy’
CIVICUS discusses the recent US Supreme Court ruling on presidential immunity and its potential impact on the 5 November presidential election with Ciara Torres-Spelliscy, a professor of Law at Stetson University College of Law.On 1 July, the US Supreme Courtruled that presidents have absolute immunity for the exercise of their core constitutional powers and are entitled to a presumption of immunity for other official acts, although they don't enjoy immunity for unofficial acts. The decision comes as Donald Trump faces criminal charges for trying to overturn his 2020 election loss to Joe Biden. The question now is whether Trump's actions will be considered official or unofficial. But it's unlikely he'll be tried before the election, and if he returns as president he could pardon himself. Critics claim the Supreme Court ruling violates the spirit of the US Constitution by placing the president above the law.
What are the main points of theSupreme Court ruling on presidential immunity?
This is a ruling in the federal case against Trump for trying to overturn his loss to Biden in the 2020 election. He is accused of pressuring state officials to overturn the results, spreading lies about voter fraud and using the Capitol riot of 6 January 2021 to delay Biden’s certification and stay in power. Trump pleaded not guilty and asked the US Supreme Court to dismiss the entire case, arguing that he was acting in his role as president and was therefore immune from prosecution.
The Supreme Court didn’t do that, but instead created three new categories of presidential immunity: complete immunity for official acts involving core constitutional powers, potential immunity for acts within the ‘outer perimeter’ of official duties and no immunity for private, unofficial acts.
The key question now is whether Trump’s actions will be deemed official, giving him immunity, or unofficial, leaving him open to prosecution. This is the first case of its kind, as Trump is the first American president to be prosecuted.
How does this ruling affect Trump's other criminal cases?
This immunity ruling is likely to delay all four of his criminal cases, as judges will have to apply these new rules and drop any charges that involve the use of core presidential powers, as these can no longer be used as evidence against him.
As well as being accused of trying to overturn his 2020 defeat, Trump is also accused of paying adult film actress Stormy Daniels hush money during the 2016 election and not properly accounting for it in his business records. This case is unlikely to be affected by the ruling, as his actions don't involve either core or peripheral presidential powers. Judge Merchan will have to decide whether any of his 34 felony business fraud convictions will stand or be thrown out.
But some of his other crimes occurred during his time in the Oval Office. Trump is accused of conspiring to overturn his 2020 loss in Georgia by asking the state's top election official to ‘find 11,780 votes’. Trump has pleaded not guilty and could be prosecuted in his personal capacity, as presidents have no role in administering US elections. As in the Capitol case, this was a private action he took as a candidate and it would be difficult to fit into the category of presidential immunity.
The fourth case Trump faces is the Mar-a-Lago classified documents case. Trump is accused of mishandling classified documents by taking them to his Mar-a-Lago residence after leaving office and refusing to return them to the National Archives when he could no longer lawfully possess them. As his alleged crimes took place when he was no longer president, this case shouldn’t be affected by the immunity ruling. However, he could argue he possessed the documents while in office and ask that his case be treated differently from other defendants. This case was dismissed by Judge Cannon. However, the Mar-a-Lago criminal case could come back to life if the 11th Circuit reverses her dismissal.
What are the broader implications of this case for the presidential election?
After this decision, the American public should think about the consequences of who they elect as president, because the presidency can become a wellspring of crime.
An honest president wouldn't be affected by the Trump v. US decision, because an honest person doesn’t need criminal immunity. Only time will tell whether the Supreme Court has invited future presidents to go on a crime spree. But what is certain is that only US voters can keep criminals out of the White House. So, as I write in my new book, Corporatocracy, the stakes in the 2024 election are incredibly high for the fate of US democracy.
Civic space in the USA is rated ‘narrowed’ by theCIVICUS Monitor.
Get in touch with Ciara Torres-Spelliscy through herLinkedIn page and follow@ProfCiara on Twitter and Bluesky.
