advocacy

• BUSINESS AND HUMAN RIGHTS: ‘This treaty should not be negotiated behind closed doors’

  CIVICUS speaks about the process to develop an international treaty on business and human rights and the role of civil society with Ivette Gonzalez, Director of Strategic Liaison, Advocacy and Public Relations at Project on Organising, Development, Education and Research (PODER).

  PODER is a regional civil society organisation (CSO) based in Mexico, dedicated to promoting corporate transparency and accountability in Latin America from a human rights perspective, and to strengthening civil society affected by business practices to act as guarantors of long-term accountability.

  Why is a treaty on business and human rights so important?

  We live in a world virtually ruled by capital. Since this hegemonic capitalist and patriarchal economic model has taken hold, it has become clear that whoever has the capital calls the shots.

  When companies directly influence the decisions of state powers, be it the executive, legislative or judicial branches of government, or others such as international organisations or banking institutions that should operate for the public benefit, and instead put them at the service of the private and exclusive benefit of a few people and prioritise the creation and accumulation of wealth over human rights, it results in a phenomenon we call ‘corporate capture’. Corporate capture is observed on all continents and results in the weakening of the state and its institutions. The strength of the state needs to be restored and the treaty on business and human rights could contribute to this.

  A legally binding international instrument to regulate, in international human rights law, the activities of transnational corporations and other business enterprises seeks to curb violations committed by companies of multiple human rights such as the rights to health, freedom, privacy and access to information and the impunity with which they operate, which allows them to destroy the environment, territories, families and entire communities.

  All companies must operate with due diligence on human rights to identify, prevent, address and remedy abuses and violations, as a continuous cycle of management including project planning, investment, operations, mergers, value and supply chains, relationships with customers and suppliers, and any other activity that could cause negative impacts on rights and territories. The treaty serves as a means for states, as the primary duty bearers in charge of protecting human rights, to hold companies to their responsibilities and monitor compliance.

  An international treaty would also be a unique development in that it would cover the extraterritorial activities of companies, such as the activities of companies that may be headquartered in a country in the global north but have operations in the global south. At the moment, in many instances and jurisdictions, companies are only self-regulating and are not accountable for their human rights abuses and violations, and the destruction they cause to life and the planet. Some states are making progress on regulations and policies, but there are still gaps at the international level. We want this treaty to address the huge gap in international law that allows corporate crimes to go unpunished.

  What progress has been made in negotiating the treaty?

  Interesting developments took place at the eighth session of the Open-ended Intergovernmental Working Group on Transnational Corporations and Other Business Enterprises with Respect to Human Rights, held from 24 to 28 October 2022. While there is no strict timeline or deadline for producing the final version of the treaty, one of the experts convened by the Intergovernmental Working Group for the development of the instrument proposed 2025 for concluding the negotiations. This is the deadline that is expected to be met if states have the political will to build consensus. For the time being, some states that were reluctant to participate in the past are now showing a little more interest.

  For now, the draft has 24 articles, the first 13 of which were discussed in the last session. Discussions included central issues such as the definition of victims’ rights and their protection and the definition of the purpose and scope of the treaty: whether it should include only transnational corporations or other companies as well. The state of Mexico, for example, argues that this instrument should cover all activities that have a transnational character. There have also been discussions on the prevention of damages and access to reparations, as well as about legal liability, the jurisdiction that will deal with complaints, statutes of limitation and international judicial cooperation, among other issues.

  Some states have made contributions to improve the content under negotiation. In contrast, other states seek to minimise the scope of the treaty in certain regards, such as protections for Indigenous peoples and communities, environmental safeguards and women’s and children’s rights, among others.

  Some states support the most recent proposals of the chair rapporteur, the Ecuadorian ambassador, but a large part of civil society considers that, for the most part, they detract from what was achieved during the seven years up to 2021, and weaken the treaty. They promote power asymmetry between northern and southern states, as well as between companies and rights-holding individuals and communities. The third revised draft is the one we recognise as legitimate and the basis on which we believe negotiations should continue.

  How is civil society contributing to the treaty process?

  Dozens of CSOs are pushing for an effective treaty, including PODER, along with the International Network for Economic, Social and Cultural Rights (ESCR-Net), which brings together more than 280 CSOs, social movements and activists from 75 countries, and several other alliances, movements and coalitions such as the Treaty Alliance, Feminists for a Binding Treaty and the Global Campaign to Reclaim Peoples Sovereignty, Dismantle Corporate Power and Stop Impunity.

  Of course there is diversity of opinion within civil society on a number of issues, but we all agree on the need to regulate business activity with a human rights perspective. We have identified the elements this treaty should contain and the conditions required for its implementation. And we are trying to inject urgency into the process, which is going too slowly, while human rights violations and attacks against human rights defenders do not stop, but instead increase every year.

  Civil society has advocated with decision-makers to open up spaces for discussion with civil society. PODER, along with ESCR-Net, has in particular insisted on the constructive and proactive participation of states from the global south in the process, and specifically from Latin America. We also work to integrate a gender and intersectional perspective into both the process and the text. One example for this has been the proposal to use Mexico’s feminist foreign policy.

  Civil society’s point of departure is the conviction that it is not possible to develop a legitimate treaty without placing the participation of rights holders – affected rural people and communities, Indigenous peoples, independent trade unions, LGBTQI+ people and people in vulnerable situations, among others – at the centre of the whole process.

  What are the chances that the final version of the treaty will meet civil society’s expectations and fulfil its purpose?

  We hope the treaty will contribute to ending corporate impunity and states will assume their obligation to protect human rights in the face of corporate activity. It will prevent abuses and violations, redress grievances and ensure these situations do not recur.

  Although there are established processes for the development of international treaties, this is an unusual treaty and should be treated as such, and changes should be made to both process and content as necessary for it to be truly effective.

  For it to fully meet the expectations of civil society would require a paradigm shift based on the principle that business has a social function and that its operations should not exceed certain limits for a dignified life and a clean, healthy and sustainable environment. We know that our full aspirations will not materialise with a treaty, with National Action Plans and regulations and standards, even if they are properly implemented. But these are all important steps in trying to balance the scales by limiting the power that the global economic system has given to business corporations.

  While the treaty is unlikely to meet all our expectations, CSOs that are demanding the highest standards for this treaty will continue to do so until the end. We will continue to bring proposals from experts and affected communities and groups fighting for justice and redress for the harms they experience first-hand, opening up spaces for their voices to be heard and remain at the heart of the negotiations at all times, and including human rights and environmental defenders in consultations on the text.

  This treaty should not be negotiated behind closed doors or with the private sector alone, as this would allow for the repetition of the same cycle of opacity and privilege that has brought us this far, and would only contribute to maintaining an unsustainable status quo.

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  Get in touch with PODER through itswebsite orFacebook page, and follow@ProjectPODER on Twitter.

• CAMEROON: ‘Communities must benefit from what comes from their land’

  CIVICUS discusses the aspirations and roles of civil society at the forthcoming COP28 climate summit with Estelle Ewoule Lobé,co-founder of the Cameroonian civil society organisation (CSO) Action for the protection of environmental refugees and internally displaced people in Africa (APADIME).

  What environmental issues do you work on?

  Our organisation, APADIME, works on several interconnected human rights and environmental issues. We work on the protection of the rights of Indigenous peoples and local communities, with a particular focus on Indigenous women and environmentally displaced people. We contribute to the fight against transnational environmental crimes such as the illegal exploitation of forest resources and illegal trafficking of protected species. We work to strengthen the resilience of Indigenous peoples and local communities and to raise public awareness of the need to protect forests. Finally, we implement income-generating activities for Indigenous peoples and local communities.

  When we work on organised crime, we don’t leave out the defence of people’s fundamental rights. Our area of work is the Congo Basin, with a base in Cameroon. Central Africa is home to one of the world’s largest tropical rainforests. It contains enormous resources on which millions of people depend for their livelihoods, including Indigenous peoples and local communities. The forest also provides a habitat for countless animal species and is of crucial importance for the global climate.

  Despite all the legal measures in place to protect Cameroon’s forests, forest exploitation, often carried out in partnership with private companies, gives rise to numerous abuses, resulting in serious human rights violations fuelled by well-organised criminal networks, and generally leading to the dispossession of the lands of these peoples and communities. This is where our association comes in.

  First, our work has a research component that is focused on both the legal and institutional framework to support our advocacy work at the national and international levels, and on carrying out studies and publishing articles and books, the latest of which is In Search of a Status for the Environmentally Displaced.

  Second, there is a field component in which we meet communities and organise consultation events, focus groups, surveys and observations to gather data about the difficulties people face and the needs they have.

  The third strand of the association’s work is education, through which we build the resilience of Indigenous peoples and local communities and awareness about their intrinsic rights, procedural rights, sustainable land management, the preservation of protected species and current forestry legislation. We also organise awareness campaigns to help educate communities.

  The fourth component is access to rights. We help organise communities by setting up networks of institutional and local players to facilitate access for communities whose human and land rights are constantly violated.

  The last component concerns economic recovery through the implementation of income-generating activities, particularly through community fields.

  Have you experienced any restriction or reprisal because of your work?

  We are human rights defenders working in an environment that is not always receptive to the type of work we do. We are confronted with powerful interests such as those of forestry companies that often exploit forests abusively. Our presence often makes an impression and we are subject to threats that force us to limit our scope of action to prevent the situation from degenerating and becoming too risky.

  At an administrative level, the main obstacle is the lack of a positive response or collaboration from officials. Some refuse to take part in our projects, contenting themselves with one general discussion session with us. Others refuse to make their contact information public.

  How do you connect with the global climate movement?

  APADIME collaborates with several of the world’s leading international organisations, including the International Centre of Comparative Environmental Law, an international scientific CSO based in France, which works on environmental protection through the promotion of international legal instruments. We also work with the Global Initiative against Transnational Organised Crime (GI-TOC).

  With the support and guidance of GI-TOC, we are currently working with a network of stakeholders in the Republic of the Congo and Gabon to combat organised environmental crime in the Congo Basin and protect the rights of Indigenous peoples to achieve climate justice centred on human rights.

  We are involved with international players in developing the People’s Summit for social and environmental justice, against the commodification of life and nature, and in defence of the commons. Our association is also actively involved as a speaker and observer at major international meetings, the most recent of which was the 11th Conference of the Parties to the United Nations Convention against Transnational Organised Crime (UNTOC), held in Vienna, Austria in October 2022, which produced a call for action by civil society.

  What priority issues should be addressed at COP28?

  COP28’s priority issues are the same as those we have been defending for a long time: support for Indigenous peoples and local communities to ensure their rights are protected, in particular through the funding of conservation activities and income-generating activities to raise their standard of living, and the equitable sharing of the benefits of nature as defined by the Kunming-Montreal Global Biodiversity Framework, which recognises that in addition to the urgent need to use nature sustainably, communities must benefit from what comes from their land.

  In particular, this involves examining how marginalised communities, including Indigenous peoples, can benefit from the often lucrative therapeutic and cosmetic products derived from the resources of their lands.

  Do you think that COP28 will provide sufficient space for civil society? What are your expectations regarding its outcomes?

  The participation of civil society in climate negotiations is extremely important because we are active stakeholders and, when we are able to influence the negotiations, we are a key factor in progress towards sustainable development. Our actions are complementary to political dialogue, which is why it is necessary, even compulsory, for us to take part in these negotiations.

  As usual, COP28 will officially be open to civil society as participants and observers, but the difficulties of access will lie in financing travel to and stay in the United Arab Emirates, where this global event will be held.

  But we hope that despite all these difficulties, progress will be made on the issues that are at the heart of our work, namely direct funding for communities to guarantee adaptation actions and strengthen their resilience.

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

  Contact APADIME on itsFacebook page and follow@EwouleE on Twitter.

• CAMEROON: ‘Indigenous people should be at the forefront of our own movement and speak for ourselves’

  CIVICUS speaks about Indigenous peoples’ rights in Cameroon with Barrister Unusa Karimu, board member of Mbororo Social and Cultural Development Association (MBOSCUDA).

  MBOSCUDA is a civil society organisation with ECOSOC Status that advocates for the rights of Indigenous peoples in Cameroon. It aims to ensure that Indigenous peoples are integrated in the development of Cameroon by promoting their participation in decision-making processes.

  What is the current situation of Indigenous people in Cameroon?

  The situation of Indigenous people in Cameroon is not particularly good at the moment. There are people trying to get self-determination, and this has caused conflict in some parts of Cameroon. Unfortunately, the bulk of Indigenous people I work with, pastoralists, are in the English-speaking part of Cameroon, where calls for independence have led to conflict, and they have been caught in the middle of the violence.

  They are being abused. There is no respect for their territories and their basic human rights, and the government has failed to protect them. Civil Society organisations have collected data that indicate gruesome acts are being committed against Indigenous peoples during the ongoing armed conflict in the Northwest and Southwest of Cameroon. Indigenous people are being killed and they cannot defend themselves.

  Indigenous people in Cameroon still live below the poverty line. Most people in the community struggle to get employed because of limited opportunities in the labour market. Some of them end up engaging in small income-generating activities such as livestock farming and the sale of hunting products. But this is not enough to sustain their lives.

  The reason it is sometimes difficult for Indigenous people to get employed is because they struggle to get access to education. There are not enough schools, teachers and educational resources in Indigenous communities. The government has tried to implement projects to address this problem, but these have not really been effective.

  Much work still needs to be done for Indigenous peoples to gain full recognition in Cameroon. It is saddening that health services and other social facilities are not adequately provided to Indigenous people. The government needs to do a lot more to ensure that Indigenous people have access to healthcare in their communities.

  The government has tried to give visibility to Indigenous peoples in Cameroon through the International Day of the World’s Indigenous Peoples, held annually on 9 August, but if their right to life is threatened then the visibility given to them is not having much of an impact. There is a need for structural changes to guarantee sustainable development for all people in Cameroon.

  What human rights violations do Indigenous people experience in Cameroon?

  One of the biggest human rights violations that Indigenous people face in Cameroon is the lack of legal recognition of their right to their territories and their right to life, especially in the conflict-ridden English-speaking regions of the country. Land legislation in Cameroon does not recognise Indigenous peoples’ land holdings and therefore does not protect their land and resources. It is challenging for Indigenous people to register their land because the activities they tend to carry out do not fall under the requirements set out by the government when it comes to effective occupation and exploitation, which is a condition sine qua non for land registration in Cameroon. Activities such as hunting and livestock grazing do not fall under the category of productive land use required for land registration. Commercial developments in Indigenous peoples’ territories affect their livelihoods, and their land is grabbed by people who are not part of the Indigenous community.

  The implementation of the United Nations Declaration on the Rights of Indigenous peoples (UNDRIP) is supposed to provide Indigenous people with better living conditions and protection against losing their territories. However, I do not think the declaration has been well implemented in Cameroon.

  UNDRIP urges governments to recognise and protect Indigenous peoples and their rights. Their land and territories should be protected by the government, but the government violates their rights on a daily basis. We understand that the declaration does not carry any legal obligations, but it should be used as guidance on how to respect Indigenous people and value their participation in the development of the country.

  Cameroon still has land laws that were colonially inspired and do not recognise the rights of Indigenous peoples as far as territories are concerned. This might be the reason the government does not take UNDRIP into account.

  Are Indigenous people well represented in policies?

  Unfortunately, there is no binding legal framework that recognises Indigenous peoples in Cameroon. We have policies in place that serve as guidance for the recognition of Indigenous peoples but there has not been that much progress yet. The government has recently started doing things such as the appointing Indigenous people to decision-making positions. Forest dwellers are represented in decision-making. But these positions are often limited, and their people are not in high positions.

  Pastoral people have a secretary general in the Ministry of Livestock, Fisheries and Animal Industries, which is something positive, but it is very limited. It is safe to say that Indigenous people still lack political representation.

  What should the Cameroon government do to help advance the rights of Indigenous people?

  It would be good if the government met the requirements set by international legal instruments aimed at advancing and protecting the rights of Indigenous peoples. It should also revise the laws that discriminate against Indigenous people, along with its land tenure policies.

  Indigenous peoples should be considered in decision-making. Enabling Indigenous people to participate in national politics would ensure inclusive development, taking into consideration the needs of everyone in Cameroonian society. Often the government puts development strategies in place without conducting proper research and consulting Indigenous peoples, and as a result development strategies do not benefit Indigenous peoples and their way of life.

  In addition, administrative recognition of Indigenous communities would help preserve their cultural and historical heritage. When Indigenous peoples are mixed with neighbouring communities their culture becomes diluted and their history is easily neglected. Ensuring that they are not forcefully integrated with other communities would secure a future for the coming generation. The government should also promote land rights reform.

  Hopefully, with time Indigenous peoples will get economic support and their participation in the development of the country will become noticeable. I believe all of the above can be achieved if the government ratifies the International Labour Organization’s Indigenous and Tribal Peoples Convention, ILO Convention 169.

  How is your organisation working to advance Indigenous rights?

  MBOSCUDA is a community and membership-based organisation present in almost all regions of Cameroon. It was established in 1992 to promote proper living conditions for Mbororo pastoralists. We work to have the socio-cultural, political and economic rights of the Mbororo people recognised. We have consultative status with United Nations Economic and Social Council and had an observer status with the African Commission on Human and Peoples’ Rights.

  We collaborate with various ministries of the Cameroonian government. Our hope is that we can secure some of the services Indigenous people need to have a dignified life. These include, but are not limited to, civil status registration so they can get married, educational resources and healthcare facilities. We also undertake lobbying and advocacy work. To raise awareness of Indigenous peoples’ rights we participate in seminars on Indigenous peoples in Africa.

  Unfortunately, the ongoing crisis in the Anglophone regions has reduced our activities in some parts of the country. There are places we cannot currently work in because of the conflict. If we decide to go regardless, the chances are high that we will not come back. In addition, some communities that act as if they own Indigenous peoples feel threatened by our work because they know they will not be able to continue exploiting them once Indigenous people have access to information and education.

  How can Indigenous groups work together to promote their rights globally?

  Indigenous people should collaborate and form a strong global alliance. Their voices will be stronger and the possibility of them getting recognised will be higher. We should offer each other a helping hand because we are all fighting the same battle, just in different territories.

  The platforms that international organisations provide us should be used as a tool to hold our governments accountable. It is very important that we share our narratives and do not let people speak on our behalf. We know our struggles and nobody but us can elaborate on what our needs are, so we should be at the forefront of our own movement and speak for ourselves.

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

  Get in touch with MBOSCUDA through itsFacebook page.

• CANADA: ‘Indigenous people who are most marginalised experience significant human rights violations.’

  CIVICUS speaks about Indigenous people’s rights in Canada with Melanie Omeniho, president of Les Femmes Michif Otipemisiwak/Women of the Metis Nation (LFMO).

  Founded in 1999 and incorporated in 2010, LFMO is a national representative civil society organisation that advocates for the rights of Indigenous peoples in Canada, and specifically for the right to equal treatment, health and wellbeing of women and gender diverse people and sexual minorities of the Metis Nation.

  What is the current situation of Indigenous people in Canada?

  In our experience at LFMO, Indigenous people who are most marginalised experience significant human rights violations. Indigenous people are trying to survive traumas and do not have the time or resources required to deal with the systemic racism that continues to violate their rights.

  For instance, we have heard numerous concerning experiences regarding difficulties to access Canada’s victim services scheme. In some provinces, policy dictates that if a person has had any prior engagement with the criminal justice system, even if decades earlier, and this remains on their record, they might not be eligible to receive victim services. This policy severely impacts on and violates the rights of Indigenous victims of crimes, including sexual assault.

  At LFMO we are keenly aware of the experience of anti-Indigenous racism. Some of us are attacked based on how we look or talk when we are going about our lives in mainstream society. We are particularly concerned about the lack of willingness to identify physical attacks on Indigenous women as hate crimes.

  We encourage change in policy and practice in all facets of the criminal justice system to identify hate crimes against Indigenous people instead of classifying them as regular assaults. To create change and hold offenders properly accountable, we need to ensure that anti-Indigenous racism is recognised as a hate crime.

  How is LMFO working to advance the rights of Indigenous peoples in Canada?

  LMFO is the national representative body for Métis women across the Métis Nation Motherland. Métis are one of the three recognised Indigenous peoples of Canada, along with First Nations and Inuit. According to the 2016 census, there are nearly 600,000 Canadians who self-identify as Métis.

  LMFO advocates for the equality of Métis women, Two-Spirit and gender diverse Métis people across the Métis Nation Homeland – our Métis Motherland. The term ‘Two-Spirit’ was coined in the 1990s to refer to Indigenous LGBTQI+ people, corresponding to an age-old concept in Indigenous communities that means someone who embodies both a masculine and feminine spirit.

  LFMO plays a significant role in enhancing the social, cultural, economic, environmental and leadership space occupied by Métis women and gender minorities. Our overarching mission is to ensure the equal treatment, health and wellbeing of all Métis people, with a focus on Métis women, young people and those who are Two-Spirit and gender diverse.

  As part of our strategic plan, we have 10 objectives: advocating for the priorities and needs of women in the Métis Nation, Canada and the world; taking care of the land and waters; guarding the traditional knowledge of Métis women; promoting social justice and equality; creating opportunities for Métis women to develop leadership skills; helping Métis people lead healthier lives and supporting healthy and vibrant communities; ensuring that the perspectives and priorities of Métis women are included in economic development initiatives, and that support is provided for their entrepreneurship; fostering culturally appropriate early learning environments and lifelong learning to improve educational outcomes for Métis children, women and all Métis learners; developing a Métis-specific research strategy to build disaggregated data; and building a strong, successful, inclusive, responsible and transparent organisation.

  We are part of a global movement of Indigenous groups around the world who are all collectively fighting and advocating to be seen, heard and recognised. The more we speak up and share our stories and fight to preserve our traditions and cultures, the more likely it is that we will achieve the recognition of our rights and the creation of policies that serve us and protect us.

  What should the government do to help advance the rights of Canadian Indigenous peoples?

  We hope that in domesticating the United Nations Declaration on the Rights of Indigenous Peoples, the government will implement policies to realise Indigenous rights and Indigenous women will be a part of those conversations. To that effect, LFMO advocates for a gender-based approach and an intersectional lens on policy development and the co-design of legislation.

  Civic space in Canada is rated ‘open’ by theCIVICUS Monitor.
  Get in touch with Les Femmes Michif Otipemisiwak through itswebsite orFacebook andInstagram pages, and follow@LesMichif on Twitter. 

• CANADA: ‘The Pope didn’t deliver a clear apology to Indigenous people on behalf of the Catholic Church’

  CIVICUS speaks with Virginie Ladisch of the International Center for Transitional Justice (ICTJ) about the recent apology of Pope Francis to Canadian Indigenous peoples and the legacy of the Truth and Reconciliation Commission of Canada.

  ICTJ is a civil society organisation (CSO) working in partnership with victims and survivors to obtain acknowledgment and redress for massive human rights violations, hold those responsible to account, reform and build democratic institutions and prevent the recurrence of violence and repression.

  What human rights violations committed against Indigenous people did the Truth and Reconciliation Commission reveal?

  The final report of the Truth and Reconciliation Commission of Canada very clearly details the human rights violations and cultural genocide that resulted from the ‘Indian residential school’ system, which was the focus of the recent apology by Pope Francis.

  The Indian residential schools and the abuses that occurred at them are among many other human rights violations suffered by Indigenous people in Canada, which include sexual and gender-based violations against Indigenous women and girls, land dispossession, violation of the right to safe drinking water, disproportionate rates of incarceration, excessive use of force against land rights protesters, discriminatory practices and lack of access to basic services, including healthcare.

  How significant is the Pope's apology?

  The Pope’s apology is a significant first step in the journey to acknowledge and repair past wrongs. In his apology, the Pope acknowledged the assimilationist intent of the residential school system and the harm it caused by systematically marginalising Indigenous people, denigrating and suppressing their languages and cultures, taking young children away from their homes, indelibly affecting their relationship with their parents and grandparents and subjecting them to physical, verbal, psychological and spiritual abuse.

  The last residential schools closed in the 1990s, so it was important for him to acknowledge the intergenerational harm caused, which persists to this day. However, several survivors noted with disappointment his omission of sexual abuse – rampant in Indian residential schools – which continues to have detrimental impacts on survivors and their families.

  While the Pope highlighted the systematic nature of harm perpetrated against Canadian Indigenous people, his apology stopped short of naming the Catholic Church’s role as part of a system intended to ‘kill the Indian in the child’. He said: ‘I am sorry. I ask forgiveness, in particular, for the ways in which many members of the church and of religious communities co-operated, not least through their indifference, in projects of cultural destruction and forced assimilation promoted by the governments of that time, which culminated in the system of residential schools’.

  The Pope’s words reflect a personal apology and an apology on behalf of individual Catholics, but not a clear apology on behalf of the Catholic Church as an institution. Since the Pope represents the Catholic Church, it is possible to interpret this personal apology as an apology on behalf of the Church. However, given the deeply embedded systemic nature of the violations committed by the Catholic Church against Indigenous people, it is necessary to clearly acknowledge that the system was at fault and that there was a concerted institutional effort to forcibly assimilate Indigenous children. This was not the work of a few misguided individuals.

  There needs to be a concerted effort to unravel the colonialist ideas that underpinned the residential school system and are at the root of persistent racism today.

  What next steps should the Catholic Church and the Canadian government take?

  ICTJ recognises apologies as an important part of a transitional justice process because of their significant moral and symbolic value. But to be meaningful, they need to be followed by real action and material reparations. The Pope acknowledged this in his apology and noted that ‘a serious investigation into the facts’ and efforts ‘to assist the survivors of the residential schools to experience healing from the traumas they suffered’ would be key to prevent such situations happening again. Ultimately, the significance of the Pope’s apology will depend on how he leads the Catholic Church in turning those words into action.

  In terms of next steps, the Catholic Church and the Government of Canada should follow the Truth and Reconciliation Commission’s 94 Calls to Action, which address the lasting harms of residential schools and call on all sectors of society to invest in new and respectful ways of moving forward together. Where more information is needed, for example around missing children and unmarked graves, the Catholic Church should open its archives and undertake a rigorous investigation.

  How is ICTJ working to advance the rights of Indigenous people?

  ICTJ works side by side with victims and survivors in their quest for justice and helps ensure they have a say in the policies that affect them. We raise awareness about their rights and support efforts to hold perpetrators accountable, uncover the truth about the violations they and their communities suffered and obtain acknowledgment and redress.

  We also partner with civil society groups, including women’s, youth and minority groups, that have a stake in building a more just, peaceful and democratic society. Together, we press forward the institutional reforms and guarantees necessary to prevent the violations from happening again.

  Over the past three decades, transitional justice processes have been recognised as an opportunity to address longstanding historical injustices against Indigenous peoples around the world. Specific processes and institutions associated with transitional justice – such as truth commissions, special prosecutorial bodies, memorialisation and reparations – may be the catalyst for political, social, institutional and cultural changes that contribute to the recognition and materialisation of Indigenous peoples’ rights, as we point out in a report we published in 2012.

  ICTJ has worked to advance the rights of Indigenous peoples in various countries, including Australia, Canada, Colombia, Guatemala, Peru and the USA. In Canada, it accompanied the Truth and Reconciliation process from before its inception in 2008 to the end of its mandate in 2015.

  Recognising the importance of involving young people in Canada’s truth and reconciliation process, ICTJ partnered with the Commission to spearhead youth engagement activities. Initiatives included a series of youth retreats in which participants developed the technical and communication skills needed to better engage their peers on Indigenous issues, and a youth-led video project that covered the history of the residential schools and young people’s knowledge – or lack of knowledge – of this history and the contemporary situation of Indigenous people in Canada.

  As expressed by a high school student from Edmonton who participated in one of ICTJ’s events, ‘We are the next generation. After 10 years, we are going to be the adults – the lawyers, the prime ministers. We have to know when we are young, and when we are older, we can make sure this doesn’t happen’.

  Civic space in Canada is rated ‘open’ by theCIVICUS Monitor.
  Get in touch with ICTJ through itswebsite orFacebook and, and follow@theICTJ on Twitter.

• CHAD: ‘The government, local groups and society at large have all joined efforts to help refugees’

  CIVICUS speaks with Monim Haroon, Emergency Communications Manager at the Hebrew Immigrant Aid Society (HIAS), about the situation of Sudanese migrants in Chad’s refugee camps and civil society’s work to support them.

  Formally established in 1902, HIAS is the world’s oldest refugee agency. Originally set up by Jewish people to assist fellow Jews, it has evolved into a global humanitarian and advocacy group that helps hundreds of thousands of forcibly displaced people in more than 20 countries around the world. Monim, himself a Darfur refugee, is currently deployed in Eastern Chad.

• CHILE: ‘The COP needs the participation of civil society’

  In a context of great mobilisation on climate action around the world and in the run up to the next Conference of the Parties on Climate Change (COP 25), whichwill take placein Chile in November 2019, CIVICUS speaks with Gabriela Burdines of Fiscalía del Medio Ambiente (FIMA), a civil society organisation that since 1998 has worked to promote access to environmental justice and related legislation in Chile.

  In view of access restrictions faced during COP 24 in Poland, what expectations does civil society have of COP 25 in Chile?

  So far we have not been aware of any action by the government against civil society participation. On the contrary, the government has tried to approach civil society by organising information-sharing meetings and facilitating access to the 'green space' at COP 25, which is the area that civil society has traditionally occupied during these events, and which in Chile will be open between 2 December and 13 December at the Metropolitan Park of Cerrillos. In addition, there are civil society initiatives such as the Social Summit for Climate Action, a summit organised by civil society parallel to COP 25, and the Peoples’ Summit, an annual meeting that brings together organisations and networks from various parts of the world to share experiences, promote alternative solutions and strengthen global organisation and local action to curb the socio-environmental catastrophe. While they have not received any official government support, these meetings have so far not experienced any restrictions.

  We are yet to see what happens with the protests that will take place in public spaces, which will begin soon, in September. As civil society we are calling for a great mobilisation to be held during COP 25, on 8 December, which we hope will appeal to all people as well as to Chilean and global civil society organisations (CSOs) participating in the conference.

  How is Chilean civil society organising its participation in COP 25?

  Chile took on the challenge of hosting COP 25 after Jair Bolsonaro's government decided not to hold it in Brazil. This has significantly reduced planning times. Chilean civil society is organising around at least three groups or platforms. The three that I have knowledge of are Civil Society for Climate Action (SCAC), which is in charge of the Social Summit for Climate Action, where FIMA is participating and coordinating several groups; the People's Summit, which is taking place around the Asia-Pacific Economic Cooperation forum in November and COP 25; and the parallel COP 25 Civil Society Forum.

  So there are several organised spaces. In the specific case of SCAC, this came into existence because there was no other network around the issue at the time, and because there were no spaces for participation in the official COP, since FIMA is the only Chilean CSO that is currently accredited with the secretariat of the United Nations Framework Convention on Climate Change (UNFCCC). These groups are all working on different issues. They focus on national climate policy, including consultation on climate change law, decarbonisation planning and nationally determined contributions to greenhouse gas emission reductions under the UNFCCC. And they focus internationally, along with foreign CSOs such as Climate Action Network Latin America, and mainly with organisations from Central America, South America and Europe. In addition, we are doing advocacy and participating in events that will take place prior to COP 25, such as the Climate Action Summit in September and the Pre-COP.

  COP meetings need the participation of civil society, and a participatory COP would have to include parallel events held by civil society, academics, governments and other actors, within the framework of the official conference and in the green space. It would also have to facilitate mobilisations in public spaces and activities in other citizens’ forums.

  From the perspective of Chilean civil society, what are the most important issues that need to be addressed in COP 25?

  During COP 25 it will be very important to have transparency and for the participation of CSOs in events such as this to be guaranteed as a right and established as a minimum requirement that the Chilean government must comply with. I would also highlight the importance of raising awareness about the urgent actions that need to be taken in the fight against climate change and raising the issues that make up the citizen agenda that are essential to curb global warming. Finally, as civil society we will be working for the real decarbonisation of our energy matrix; the termination and reparation of environmental sacrifice zones, that is, those areas encompassing a great number of polluting industries; the promotion of clean energies with a low impact on both the environment and human rights and policies for a fair transition and adaptation to climate change; and the design of market mechanisms that include adequate environmental and social safeguards.

  For years the Chilean government led the negotiation of the Escazú Agreement on environmental democracy, but now refuses to sign it. Why is it refusing, and why is it important that it signs it?

  For several years, Chile, alongside Costa Rica, led the negotiations that culminated with the adoption of the Escazú Agreement. Through a statement when the agreement opened to signature, which they issued on 7 June 2018 in their roles as co-chairs of the negotiation process, Chile and Costa Rica reaffirmed their commitment to signing the treaty and its prompt entry into force. However, ever since the treaty opened for signature on 27 September 2018, Chile has refrained from signing.

  According to information disseminated in the media – since until now civil society has not received any formal response – the government's refusal to sign the Escazú Agreement is due to security and sovereignty reasons and is centred on the clause on cooperation with landlocked states and dispute resolution, which would affect Chile by virtue of its border conflict with Bolivia. However, the government has not said that it will not sign the treaty, but only that it is still ‘under study’. It has also stated that the entire content of the agreement is already guaranteed in our national legislation, so there would be no need to sign it.

  However, we believe that it is important that the government commits to this agreement. Chile has made great legislative progress on matters related to the right to access environmental justice, but still needs to make progress in implementation. No protection exists for climate activists and there are many gaps in matters of information, participation and justice. We recently published a report on the progress made and challenges encountered in guaranteeing access to environmental justice, and much remains to be done in this area. For example, our country has no mechanisms allowing for the provision of free legal counsel on environmental matters.

  In this context, we hope that Chile will soon sign and ratify the Escazú Agreement, and that this will be the beginning of a path that will take us to a different way of making decisions, in which agendas seeking to encourage investment will not undermine the fundamental rights of people and communities.

  Civic space in Chile is classified as ‘narrowed’ by theCIVICUS Monitor.

  Get in touch with FIMA through itswebsite orFacebook page, and follow@FIMA_Chile on Twitter.

• CHILE: ‘The million-dollar question is how society will react if a new constitution does not come out of this’

  CIVICUS speaks about Chile’s impending constitutional referendum with Julieta Suárez Cao, PhD in Political Science and Associate Professor of Comparative Politics at the Catholic University of Chile. Julieta played a leading role in the design and promotion of an innovative electoral system that ensured a gender-parity outcome in the 2021 election for Chile’s Constitutional Convention, for which she received the American Political Science Association’s 2022 Public Engagement with Research Award.

  What do you think have been the most novel elements of the Chilean constitutional process?

  A novel element has been the formation of the Constitutional Convention itself. While in other parts of the world there had already been experiences such as reserving seats for Indigenous peoples and allowing non-party candidates, in Chile these two elements were combined with a third, gender parity. This had been implemented in Mexico City but had never been done at the national level.

  Another novel element has to do with the fact that it this a change of constitution, not a simple reform. It is a profound change starting from scratch, without any kind of agreement having set parameters that determine what can and cannot be changed. The only predetermined things were three key procedures: the two-thirds rule for voting on the norms that would go in the constitution, the so-called entry plebiscite to enable the convening of a constitutional convention and the so-called exit plebiscite, meant to have the new constitution approved.

  It is also worth noting that this is a constitutional change taking place in a democratic context, and not in a moment of transition. Although a response to the social and political crisis that Chile is going through, it has not been a hasty reaction to a fleeting situation; the discussion about constitutional reform started long before the 2019 social outburst. Former president Michelle Bachelet had already tried to carry it forward during her last term in office, from 2014 to 2018, but did not succeed. The right wing, which ruled the country under Sebastián Piñera over the following period, warned that it would shelve any constitutional reform initiative, and so it did – until the social outburst forced it to re-evaluate this position, given the need to channel social demands institutionally, by means of a constitution-making process.

  What are the divides in the run-up to the 5 September plebiscite on the new constitution?

  The way dividing lines have been drawn in the face of the constitutional plebiscite is very interesting. The Constitutional Convention has been extremely transparent, perhaps too transparent, because according to some literature, politics sometimes needs a certain opacity. This, on the other hand, became a sort of constitutional reality TV, a show that was broadcast every day, 24 hours a day. Clearly, the news that made it into the media tended to be about inconsequential and even ridiculous issues, so it did not represent what was really going on there. For example, one convention member proposed to dismantle all state institutions; of course, this never even made it out of the commission, but still made headlines for a long time. Such things created an adverse climate around the Convention, which I think affected the campaign.

  Seen in perspective, it was a very dynamic process that in just one year managed to produce a full document for a new constitution. The process was a good one, even if it made public opinion focus on some absurd debates that were magnified by the media.

  This climate of opinion ended up shaping two camps. On the one hand, the rejection camp, which includes not only the right wing, but also many centre-left personalities, including many current senators. These are people who have joined the rejection camp for several reasons, and not only because they do not agree with many of the proposed reforms.

  In short, the rejection coalition ranges from the far right – which not only exists in Chile, but also reached the second round of the presidential election less than a year ago – to some individuals in the political centre. But it was the latter who became the visible face of the campaign against the constitution.

  This has been the result of a good communications strategy that consisted in delegating spokespeople roles to moderate figures while keeping extremists out of sight. They have held almost no marches or public events, because in the run-up to the initial plebiscite such demonstrations included weapons, Nazi flags, swastikas and other images that provoke strong rejection.

  For its part, the coalition in favour of the new constitution includes numerous former convention members, most of whom have campaigned in favour of it, deputies, senators and many popular artists. The government is not allowed to participate in the campaign or speak directly in favour of one or other option. For this reason, it only intervened by providing information: in particular, it collaborated with the printing of the new constitution, which is now one of the best-selling books in Chile.

  Is Chilean society similarly divided?

  Public opinion polls show that Chilean society is not polarised, unlike the elites.

  What we see in Chile is asymmetric polarisation, a phenomenon that also occurs in countries such as Brazil and the USA. What creates asymmetrical polarisation is the presence of right-wing extremism. The extreme left is very small: it collects very few votes and has no media presence and no national visibility. The far right, however, has almost been normalised.

  What is happening now is that it a referendum is by its very nature polarising, simply because it only provides two opposing options. If a plebiscite takes place in a context where the elites are polarised, it deepens division. For the time being, however, I think its effects have not reached deep into Chilean society.

  A few months ago opinion polls appeared to show a majority in favour of approval, but now the opposite seems to be the case. Has the consensus for reform shifted?

  I wouldn’t say that reformist consensus has been eroded. Practically nobody defends Pinochet’s Constitution: almost everybody who promotes rejection does so with the argument that rejection must be followed by reform. In other words, almost nobody advocates for keeping the current constitution, although if rejection wins, that is precisely what will happen, at least in the short term. Given the lack of agreement within the rejectionist coalition, its victory would open up a period of enormous uncertainty.

  While reformist consensus has not been eroded, a distorted climate of opinion has been created by disinformation campaigns, presenting implausible interpretations of debates and fake news to sow doubts about the contents of the constitutional text. For example, the claim that the new constitution does not protect private property or that Indigenous people would have ‘privileges’ was widely circulated. All of this has interfered with public debate and cast doubt over the viability of the proposal.

  What do think are the most positive and the most negative aspects of the new constitution?

  Personally, I like the new constitution very much. It establishes a political system with less presidential powers and a better balance between the executive and legislative branches. The current constitution is an authoritarian text that is very biased in favour of the ‘strong man’.

  I also like the definition of Chile as a regional state, a sort of intermediate form between the unitary and federal state. Chile is one of the most centralised countries in Latin America and the most centralised among democratic Organisation for Economic Cooperation and Development member countries.

  The whole agenda of rights and the social state embraced by the new constitution also seems very positive to me. The incorporation of gender parity, a gendered perspective and multiculturalism are great advances. It was high time for plurinationality and Indigenous peoples to be recognised.

  The doubts I have concern some issues that are outside my area of expertise, related to some aspects of plurinationality, such as the implementation of differentiated justice systems and Indigenous autonomies. This is also one of the issues that has highest levels of rejection among public opinion, for reasons that include racism, classism and a complex context in the south of Chile, where there is an ongoing conflict between the state and some Indigenous Mapuche communities.

  But the truth is, most of these issues are only stated in the constitution and will be subject to ordinary legislation that must come from the current Congress, which has no reserved seats for Indigenous peoples. Therefore, in my opinion, positions on these issues will be tempered and there won’t be any radical changes.

  Among the public, it is social rights that have the most support. Few people defend the neoliberal or subsidiary state that Chile currently has, although certain sectors of elites are concerned about the cost of changes: they wonder where the money will come from to finance all these rights, as if this were a good argument for deciding whether or not to recognise a right!

  What will happen if the new constitution is approved, and what will happen if it is rejected?

  If the constitution is approved the process will continue, as many provisions in the new constitution require additional ordinary legislation. In that case, a process of intense legislative activity will begin to give form to the new constitution’s mandates.

  If rejection wins, much will depend on how big its win is. If it wins by a large margin, it will be more difficult for the constitution-making process to continue. If the rejectionist option wins, the government will immediately submit a bill to call for a new election to select convention members. But the approval of such a bill requires over 57 per cent of the votes in both chambers, a majority the government does not have, so it will need the right wing’s votes. The right’s willingness to sit down and negotiate will depend on its margin of victory.

  If it wins narrowly, it will try to design a more inoffensive constitution-making process, with a smaller convention, a shorter mandate, no gender parity and no Indigenous peoples or very few reserved seats. If it wins by a landslide, there will be no constitutional convention, but a reform passed through Congress or designed by a commission of experts. We would be back to square one and absolutely everything would have to be renegotiated.

  The million-dollar question is how society will react if a new constitution does not come out of this and the process does not continue or continues in a deficient way. I do not dare to venture an answer to this question.

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

  Follow@jujuchi on Twitter.

• CHILE: ‘There is social consensus that the arbitrary exclusion of diverse families is unacceptable’

  CIVICUS speaks with Marco Becerra, director of ACCIONGAY, about the process leading to the recent passage of Chile’s Equal Marriage Law. ACCIONGAY is a civil society organisation founded in 1987 in response to the HIV/AIDS epidemic, which was then ignored or minimised as a problem that only affected ‘risk groups’. Over time it expanded its scope of action to advocate for the rights of LGBTQI+ people, based on the principle that all people have the right to self-determination in relation to their lives, bodies, health, relationships and sexuality.

  What was the process leading to the legalisation of equal marriage in Chile, and what role did ACCIONGAY play in it?

  It was a long process, lasting about 30 years. The movement for sexual and gender diversity in Chile began to emerge in the late 1980s and early 1990s. This process had different stages. At first, work focused on the consolidation and visibility of the movement in a context of post-dictatorship political transition that was very unfavourable to the demands for equality of LGBTQI+ people. In the second stage, work focused on political advocacy to achieve effective commitment by political groups to tackle the challenges related to the inclusion of LGBTQI+ people.

  By the late 1990s, some important changes began to take place, such as the repeal of a law that criminalised sexual relations between adult men. However, other demands – such as that for equal marriage – only came into the public conversation around 2005, when equal marriage was legalised in Spain. Around that time ACCIONGAY received a visit from Spanish activist Pedro Zerolo, who helped us understand the importance of broadening the debate on civil unions and the recognition of LGBTQI+ people’s rights.

  In a broader sense, I would venture to say that demands for equality before the law were the result of a social and cultural change that Latin America had been experiencing for several years. The legalisation of equal marriage in Argentina and Uruguay, as well as its progress throughout Europe, prompted Chilean LGBTQI+ movements and sexual diversity organisations to mobilise around equality issues.

  It is important to highlight the contributions of numerous organisations and activists who worked consistently over the years to build alliances with progressive political groups, which became committed to these struggles. The idea of civil unions became a reality during the first government of President Michelle Bachelet, in 2015, and later on, as favourable public opinion grew and the perception of these inequalities as an injustice increased, the demand for equal rights for same-sex families gained momentum.

  The Equal Marriage Bill was sent to Congress by Bachelet’s second government in 2017 and finally passed in December 2021. It will come into force in March and will represent a very significant change for the lives of hundreds of families with same-sex parents who did not have any legal recognition and therefore experienced complete defencelessness before the state.

  The keys to achieving this breakthrough were movement coordination, advocacy with political decision-makers and campaigning to raise awareness and sensitise public opinion.

  How did this process interact with the 2019 wave of protests and the process to develop a new constitution that followed?

  Chile is going through a complex, epoch-changing process that came about as a result of the 2019 social outburst. But the demands for equality and recognition of the rights of LGBTQI+ people largely predate this. This movement was already very strong before the social outburst, including a network of organisations that was very active and mobilised since the 1990s. However, the context of social mobilisation helped create an environment conducive to the consolidation of LGBTQI+ movement as a presence recognisable on the streets in citizen protests demanding more equality.

  The profound social change that began to take place in Chile picked up on the historical struggles of LGBTQI+ organisations and movements that rose up in the context of the 2019 social outburst. To a large extent this was reflected in the number of LGBTQI+ people who recently got elected, especially for the Convention in charge of drafting the new constitution, as well as in the ministerial appointments of LGBTQI+ people made by the next president, Gabriel Boric.

  Why did approval take so long, when polls showed very high levels of public support?

  Although Chile has a very active civil society, its political system, even following recent changes, still includes extremely conservative enclaves. This was reflected in the difficulty that Congress had in moving this law forward, not least because there was no strong commitment from successive presidents. Nevertheless, Bachelet’s second government did act on the idea of legalising equal marriage. It was during her government that the Civil Union Law was passed and the Gender Identity Bill was sent to Congress, which was then passed during President Rafael Piñera’s term.

  From the point of view of people’s perceptions, changes occurred because a social consensus was reached that the arbitrary exclusion of diverse families is unacceptable. Support for equal marriage is striking: almost 70 per cent of Chileans agree, and a similar number support adoption by same-sex couples.

  Campaigns for equal marriage were mainly developed by LGBTQI+ organisations with the support of other social movements, human rights organisations and feminists, to name a few. At the same time, alliances, solidarity and trust were built not only with other social organisations but also with progressive sectors within political parties. Support for the Equal Marriage Law was quite cross-cutting, including a segment of the liberal centre-right that contributed their votes to make it possible. Only ultra-conservative sectors excluded themselves.

  Some leaders of Evangelical Pentecostal churches, which have achieved some social influence in Chile, mobilised against the Equal Marriage Law, but were defeated in the parliamentary debate. The Catholic Church, on the other hand, remained silent, probably because in recent years it has lost social and political relevance as a consequence of the scandals of paedophilia and sexual abuse committed by members of the clergy against children and adolescents.

  What will be the immediate effects of the new law, and what remains to be done?

  This law will have immediate consequences as it will guarantee the enjoyment of all rights and the positive effects of marriage regardless of people’s sex or sexual orientation. As the law includes issues of adoption and parentage, it will solve a number of problems experienced by families of same-sex partners with children. For instance, non-biological parents had no legal rights to the children they were raising as theirs; now they will get legal recognition.

  Chile has experienced a series of legal advances: the Anti-Discrimination Law in 2012, the Civil Union Law in 2015, the Gender Identity Law in 2018 and the Equal Marriage Law starting in 2022. However, high levels of discrimination persist in work and education. Violence against LGBTQI+ communities is rampant.

  From March onwards, we will face the enormous challenge of reviewing our work agenda, especially since after 11 March we will have a progressive government that has incorporated equality and recognition of LGBTQI+ communities in its policy programme. 

  We are sure that this will be a very different government from its predecessors, and we are very hopeful that it will be possible to start closing the gap of real inclusion of LGBTQI+ people in all areas of social life, from public administration institutions to the educational sphere.

  Civic space in Chile is rated ‘obstructed’ by the CIVICUS Monitor.
  Get in touch with ACCIONGAY through itswebsite orFacebook page, and follow@acciongay on Twitter.

• COP27: ‘Climate justice requires debt cancellation, reparations and non-debt climate finance for small island developing states’

  CIVICUS speaks with Bahraini social entrepreneur Tariq Al-Olaimy about the upcoming COP27 summit on climate change.

  Tariq is Managing Director of 3BL Associates, an ecosystem of social and planetary enterprises working towards regenerative, inclusive and wellbeing-centred economies.

  What was the purpose of the Greenpeace United for Climate Justice ship tour you recently took part in?

  Greenpeace is sailing throughout Egypt together with climate leaders from the Middle East and North Africa to put climate justice high on the agenda in the lead-up to COP27, which will take place in Sharm el-Sheikh, Egypt. The ship tour is a platform for climate leaders living in some of the world’s most affected regions to promote systemic change around climate adaptation, justice, access to energy and response to the loss and damage associated with the disproportionate impacts of the climate crisis. They are representing the voices of people from across the region, focusing on both climate impacts and the many solutions already at hand.

  It's important to spread these leaders’ messages around the world and to make sure their voices are not forgotten during COP27, especially in highlighting the need for climate justice for the global south. For these leaders, this is a collective fight for justice for their countries and communities.

  Young people from the across the global south in particular are among the most affected and most marginalised, but also among the most powerful voices. They are not victims, but collectives of solidarity and hope working for a brighter future for all.

  What issues should be prioritised at COP27? 

  COP27 must raise the call of climate justice for the most vulnerable, and also the least responsible for climate change: the people in Africa, in the South-west Asia and North Africa region, and on small islands, among others.

  I am from Bahrain, which makes me one of 65 million people who live in small island developing states, representing roughly one per cent of the world’s population. Climate justice, mitigation, adaptation and loss and damage strategies require consistent and regular resources. Small islands typically lack those resources and, being particularly vulnerable to extreme climate events, often face reconstruction costs that lead to more borrowing and debt, which in turn increases their vulnerability.

  All small island states together only received US$1.5 billion in climate finance between 2016 and 2020. In the same period, 22 small island developing states paid more than US$26 billion to their external creditors – almost 18 times as much. Climate justice requires debt cancellation, reparations and non-debt climate finance for small island developing states.

  COP 27 is framed as an ‘implementation COP’, and the climate finance gap and unequal distribution of finance between countries are critical barriers to implementation.

  Are you hopeful meaningful commitments will be made at COP27?

  The window of opportunity to act is closing. The United Nations Intergovernmental Panel on Climate Change’s6th Assessment Report offers an even clearer picture of the remaining carbon budget available to stay within a 1.5°C temperature rise and therefore avoid the worst impacts of climate change. While enhanced mitigation ambition is critical, the urgency of implementation is a key concern. Taking into account the pledges fully implemented as of 31 December 2021, total greenhouse gas emission levels are still projected to be 10 per cent higher than 2012 levels.

  To truly scale mitigation ambition, it is important that governments don’t just negotiate the text and numbers of pledges but negotiate the very system within which we implement climate action. We need degrowth of the most ecologically harmful sectors of our economy, a global and just transition and transformation towards a post-growth economy.

  In a context characterised by short-term political calculations we are completely missing the need for urgent and radical change. I do not expect COP27 to address all this. But there are still some issues that could be meaningfully advanced – in particular, the establishment of the basis for the operationalisation of a Loss and Damage Finance Facility, the details of which could be finalised at COP28 next year.

  This is an issue of climate justice towards the many countries in the global south that are particularly vulnerable to the impacts of climate change yet have done little to contribute to the crisis. At the same time, these countries do not have the financial or technological capacity to address these impacts, adapt and pursue a post-extractivist and low-carbon transition. Loss and damage financing can force a rethink around financial commitments and contributions, and pressure for both debt and tax reform as well as renewed financial commitments for mitigation and adaptation.

  How concerned are you about the conditions for civil society participation at a COP held in a country with highly restricted civil space?

  Civil society participation is always a critical concern at COPs. It’s clear that we can’t have a green and peaceful future without justice, equity, civil rights and empowered communities. That includes the full inclusion of independent civil society as a key stakeholder in climate negotiations. This is why business and civil society organisations have stressed the crucial importance of a rights-based approach to climate action.

  As the world transitions toward net zero, protecting the human rights of civil society, workers and communities is key to achieving a just transition. There is significant danger of pledges being made to close the emissions gap while irresponsible implementation strips the rights of civil society. Green transitions in rich countries and ‘green growth’ require significant mineral resources, supplied from the global south, so there is a risk of a neo-colonial mineral rush and a regression of labour rights. It is essential to develop norms, standards and safeguards so that the transition strategies implemented by governments and businesses comply with international human rights and labour standards.

  In the context of the COP, this starts with the United Nations taking a much stronger stance regarding the enabling of safe, inclusive and meaningful civil society participation throughout the negotiation process. The COP agenda is largely dominated by global north governments and interests, and civil society perspectives, especially those from the global south, need to find their way into the mix, bringing forward alternative pathways, experience and knowledge.

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   Get in touch with the 3BL Associates through itswebsite and follow@tariqal on Twitter.

• COP27: ‘The participation of civil society is important because it represents the voices of communities’

  CIVICUS speaks about civil society’s aspirations and roles in the upcoming COP27 climate change summit with Chibeze Ezekiel, coordinator of the Strategic Youth Network for Development (SYND).

  SYND is a civil society organisation (CSO) that promotes youth participation and advocacy for environmental sustainability in Ghana.

  What are the environmental issues that you work on?

  SYND works for environmental sustainability by promoting youth participation in policymaking and project implementation. We focus on four thematic areas: climate change, biodiversity, forests and energy. In May 2019, with support from the World Bank and United Nations Development Programme, we established the Youth in Natural Resources and Environmental Governance platform. It is a platform for young people to share and exchange learning on their respective actions and help them embark on joint, coordinated campaigns.

  To help build capacity so that young people can better advocate for environmental sustainability and help the government fulfil its climate obligations, we have also developedcapacity building projects. As part of our efforts to empower students to become climate activists and environmentalists, we have also worked with schools. For instance, through our Children for Climate (#C4C) Action campaign we are empowering children to become climate champions. And we publishreports that highlight our activities and their impacts in the communities we work in.

  Have you faced any restrictions when conducting your work?

  Fortunately, we have not faced any restrictions working in Ghana. We believe that this might be because of our approach. We confront the government and question public officials on their policies, but we do it in a manner that will not jeopardise the work relationship we have built or put ourselves in harm’s way. This has worked for us, because our work relationship not only with the government but also the private sector has strengthened over the years, which has helped us continue doing our work.

  How do you connect with the global climate movement?

  We work in connection with similar organisations in other African countries as well as with international organisations advocating for environmental rights. In the African region, some of the organisations we work with include theAfrican Youth Initiative on Climate Change,350 Africa,African Climate Reality Project and thePan African Climate Justice Alliance. We are also the West Africa Regional Node forACCESS Coalition, a global network with about 70 members advocating for people living in poverty to have access to safe, reliable and affordable energy, and for environmentally sustainable and efficient energy systems globally.

  Working with all these organisations has allowed us to transcend the local level and connect to the global. To contribute to this global work, we produce position papers and give input on policies, among other things.

  What issues would you like to see addressed at COP27?

  Over the years global leaders have made pledges and promises but they have not fulfilled them. We hope at this year’s COP more serious commitments will be brought forward. Global leaders shouldn’t be making promises they won’t keep and should instead get to work.

  Climate finance is still an outstanding issue. There should be a clear understanding of how the mitigation and adaptation measures to climate change will be rolled out. Global leaders must provide communities with resources to adapt to climate change and assist them with mitigation plans. All of this will only be possible if adequate climate finance is provided.

  Another priority is loss and damage. We are aware that vulnerable people and those living in underdeveloped communities are the ones suffering the most as a result of climate change. Many people have lost their homes, land and source of livelihood, and it is only fair they are compensated for the irreparable damage caused to them.

  A few weeks back we travelled around Ghana to analyse how climate change has affected communities and what demands people had for the government. We conducted interviews and asked people about the situations they are going through and the solutions they would like to see implemented. We plan to present our video documentary at COP27 to show world leaders the real situation on the ground. This will give a clearer picture of what we mean by loss and damage, and hopefully put pressure for urgent action.

  Energy transition, away from fossil fuels and towards renewable energies, is also an issue we expect to see discussed. Especially since there are industrialising ambitions in Africa, it will be interesting to see how leaders plan to make energy available and affordable during this transition. Africa has plenty of resources such as wind, solar and hydro, but its progress towards renewable energies has been very slow. According to theInternational Renewable Energy Agency, only two per cent of global investment in renewable energies is invested in Africa, and only three per cent of jobs in the continent are in the sector. We want to know how global leaders plan to use their resources to help Africa with its energy transition.

  Why is civil society participation in climate talks important?

  The participation of civil society in COPs is important because it represents the voices of communities and is best placed to articulate people’s concerns and propose polices that will improve the lives of citizens. CSOs are also accountable to their communities, so when we attend global conferences such as COPs, we all go back to our respective countries to provide feedback and confront decisions made at the global level with the realities that people continue to live in. This pushes us to continue with our advocacy work. We continue carrying out engagement activities at the local, regional and international levels, holding our leaders accountable to their commitments and supporting their work to implement the policies agreed in global forums.

  Do you think COP27 will offer enough space for civil society participation?

  Because of the role we play, there is a space for CSOs to participate in COPs, although improvements in access could certainly be made. It is, however, unfortunate that CSOs only have observer status and cannot take part in negotiations. If they were offered an opportunity to interact with negotiators, they would get a better chance to convey their priorities and share their ideas.

  COP27 in particular is tricky because it’s taking place in a closed civic space environment. But that is what the situation is in Egypt. More could have been done to offer a conducive environment for civil society, but we will have to work with what we are presented with. I believe there is still some room to have a discussion with the Egyptian authorities so they allow some form of demonstration and civil society can make the voices of people heard. The government should allow its citizens to participate without any restriction because their views are also important.

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  Civic space in Ghana is rated ‘narrowed’ by the CIVICUS Monitor.

  Get in touch with Strategic Youth Network for Development through itswebsite orFacebook page, and follow@SYNDGhana and@chibeze1 on Twitter.

• COP27: ‘We doubt that we will be able to mobilise as we did around COP26’

  CIVICUS speaks with Sohanur Rahman, Executive Coordinator of YouthNet for Climate Justice, about civil society’s aspirations and roles in the upcoming COP27 summit on climate change. YouthNet for Climate Justice is a global platform of youth-led organisations of the global south that aims to promote climate action among young people.

  

   

  What environmental issues do you work on?

  YouthNet focuses on climate justice, the new human rights frontier. We want to hold global leaders accountable for the climate crisis we are currently in. We work on climate justice because we understand that young people, people from the global south and Indigenous people are bearing a disproportionate share of the consequences of the climate crisis, while not being responsible for what is going on.

  Climate change must be addressed through an intersectional and intergenerational lens because vulnerable groups are the ones experiencing its worst consequences. The climate crisis is rooted in capitalism, colonialism and patriarchy. This makes the struggle for climate justice inseparable from the struggle for human rights.

  We are now specifically working on the issue of loss and damage. We want world leaders to support adaptation and financing for loss and damage and provide funding facilities to help developing countries deal with the climate crisis.

  What issues would you like to see addressed at COP27?

  COP26 failed young people and vulnerable communities. It made clear to us that global leaders are not treating climate change as the global emergency it is. But sadly, we are currently facing one environmental catastrophe after the other. Most recently, there were massive floods in Pakistan and floods and a cyclone in Bangladesh. What else needs to happen so leaders realise we need urgent solutions to these problems?

  The COP26 presidency asked state parties to submit new climate plans and nationally determined contributions (NDCs), because the previously submitted ones were not ambitious enough, and would not reduce emissions to the extent needed to stay within the 1.5°C targets. However, Only 23 of the nearly 200 countries that signed the Glasgow Climate Pact have submitted enhanced NDCs. Rather than strengthening headline targets, most of these offered more policy detail. We need commitment from all parties involved to ensure that the climate crisis is addressed effectively.

  We can see the progress achieved in previous COPs is very limited. In the run-up to COP27, our major priority is loss and damage financing. Before we can pursue adaptation, we have to support communities with loss and damage. We are not asking developed countries for charity or debt, but for reparations for their historical responsibility in this climate crisis.

  In 2019, developed countries pledged US$100 billion towards adaptation and mitigation but they are not disbursing this. Everything at this point is theoretical – no practical mechanism has been put in place to ensure the money is paid up. And when the funds finally come, we would like to see a 50/50 split between adaptation and mitigation, because both require equal efforts. Finally, we would like to see the financing of locally led adaptation addressed at COP27. Communities should be given a platform to develop and implement solutions that will work for them, rather than implementing universal strategies that don’t fit everybody.

  This COP should be one where the focus shifts to implementation. We no longer want to hear promises that will remain unfulfilled. We want action towards solving our problems.

  Why is civil society participation in climate talks so important?

  Civil society participation in COPs, and specifically the participation of young people, is important because they are there to hold leaders accountable. The global community is making empty promises and commitments and not taking action. Civil society’s mission is to hold governments and companies accountable, including by making polluters pay for the loss and damage they are causing to people and the environment.

  Because the current systems are failing, civil society must advocate for systemic change. To achieve such transformative change, we must be united. Those joining COP27 should use the platform to advocate for change; those observing from home countries should mobilise in their own countries to highlight the crisis we are in. We must all put pressure on decision-makers to deliver on their promises. COP27 will only bring a breakthrough if civil society is allowed to participate without any restrictions and a decision is made to start paying out climate reparations.

  Do you think COP27 will offer enough space for civil society participation?

  We are very frightened about the situation in Egypt. The government of Egypt should release all arrested activists before COP27 takes place. Without our participation, it will be just more greenwash. And we cannot archive climate justice if human rights are ignored. The global community should stand up and speak against what Egyptian environmental activists are going through.

  COP26 was labelled as ‘inclusive’, but it was very exclusive. The pandemic came on top of persistent systemic barriers, notably the lack of resources that excludes many young people. World leaders negotiated on issues affecting us, but they did not include us at discussion tables. Unfortunately, the situation for civil society participation at COP27 will be even worse.

  The government of Egypt does not respect or support human rights defenders. This was clear in the multiple arrests of activists that have taken place over the past few months. Civil society can expect to experience several barriers during the conference, and LGBTQI+ activists have expressed their concerns regarding their safety while in the country. We fear that our presence, digital footprint and communications will be monitored. We doubt that we will be able to mobilise as we did around COP26 in Glasgow where we held a climate strike.

  Even though labelled ‘the African COP’, COP27 doesn’t truly represent African people. Many young African activists are still struggling to get accreditation and sponsorship. Rising hotel prices will affect the participation of people from less developed countries. There will be limited participation of young activists, Indigenous people and organisations from the global south. This event was never meant to be inclusive at all. The most affected people will be excluded. This raises the alarm that, instead of addressing the real issues people are dealing with, it may turn into a greenwashing event.

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  Get in touch with YouthNet for Climate Justice through itswebsite orFacebook page, and follow@YouthNet4CC and@SohanBMYP on Twitter.

• COP27: ‘We shouldn’t even be discussing why civil society needs to have a seat in climate talks’

  CIVICUS speaks about civil society’s aspirations and roles in the upcoming COP27 summit with Polluters Out co-founder Ayisha Siddiqa.

  Polluters Out is a global coalition founded in 2020 in reaction to the negative experience of COP25, when young and Indigenous activists were removed from the venue. Its aim is to put pressure on world leaders to adopt policies to fight climate injustice and hold them accountable.

  What key environmental issues should be addressed by the upcoming COP27 summit on climate change?

  A key issue is loss and damage finance. I would like to see COP27 mobilising theSantiago Network on Loss and Damage, a multi-stakeholder coalition of civil society organisations (CSOs) and governments launched at COP25 in 2019 to facilitate and support the efforts of global south countries to address loss and damages associated with the adverse impacts of climate change.

  A large number of those are affected by climate change are Indigenous people and people in the global south, who contribute proportionally little to environmental problems. Global north countries should use their resources to help those that have been put in these unfortunate circumstances. They should pay up the US$100 billion they committed to at COP26 so global south countries can develop and implement mitigation and adaptation strategies, as well as early warning mechanisms to help people get life-saving information in time.

  We also need to start thinking about taxing the money corporations make by exploiting emergency situations such as wars, natural disasters and economic fluctuations and channel those funds towards climate financing.

  My work currently focuses on raising awareness about the issue of tax havens. Governments have pledged a lot of climate financing but most of that money comes from taxes. Estimates show that every year around US$600 billion – six times the current climate finance target – are lost because corporations and high-net-worth individuals are using tax havens to escape their responsibilities to give back to the communities that make their profits possible. They should instead be made pay their share, and the additional funds should be used to help communities affected by changing climatic conditions.

  Have you faced any restrictions as a result of your work?

  Prior to working on climate finance, I worked on fossil fuel de-proliferation. According to a report by the United Nations (UN) Intergovernmental Panel on Climate Change, coal, oil and gas account for 86 per cent of carbon dioxide emissions. This means governments should adopt strategies to phase out fossil fuels and adopt clean energies. But this would affect very powerful interests. Due to my work on this issue, I have faced challenges both in my home country, Pakistan, and abroad.

  I also advocate for a UN conflict-of-interest policy so that COP hosts cannot take money from the fossil fuel industry when organising the summit and lobbyists cannot influence COP outcomes. So far, every single COP has been sponsored by the very same people causing the climate crisis. As a result, the outcomes of these events have been diluted and have failed to address the key issues.

  For this work I have faced multiple restrictions traveling. Iam from a tribal community in northern Pakistan where fighting against dams and coal and pipelines puts people’s lives in danger.

  Why is civil society participation in climate talks important?

  Having people from the global south and members of Indigenous communities participate in climate talks is very important not just because they are the most affected by climate change but also because they are the main drivers of ambition for climate commitments.

  As civil society, our aim is to advocate for the good of people and the environment and hold those in power accountable. Civil society doesn’t only offer diversity – it also offers the tools, the language and the practical lens to push all of this forward. At the end of the day, every decision made in COPs affects everyone. Our lives are on the line so we should have a say. It is not only our right but also our duty to protect the earth. Quite frankly, we shouldn’t even be discussing why civil society needs to have a seat in climate talks.

  Do you think COP27 will offer enough space for civil society participation?

  I don’t. COP27 has been labelled as the ‘African COP’ and one would think that African environmental organisations and activists would be given a platform to participate freely and make their voices heard. This was anopportunity for the global south to speak for itself and it would be a shame if that was limited. Many young people have been unable to get accreditation while others don’t have the funding to attend.

  Holding a COP in a country with closed civic space such as Egypt is problematic, and the reality of a restricted civil society cannot be ignored.

  Climate change is an urgent matter that must be addressed with the participation of all relevant stakeholders, who should be able to play their part without any restriction on free speech or the freedom of assembly, among many other indispensable freedoms. But many restrictions have been placed on Egyptian CSOs and activists – even on organisations outside of the country. As a result, there will most likely not be meaningful civil society participation at COP27.

  The situation we are now in is the responsibility of both the UN and the African governments that nominated Egypt to host COP27. They have let COP become an obstacle to climate justice so states who bid to host the COP make money from tourism and get media attention without caring the least about the crisis at hand and the policies needed to tackle it.

  The process leading to COPs is very opaque: for instance, we don’t know who the official sponsors are until the COP president announces them. And when civil society shows up with all of the hard work it has done, it can easily be erased with one vote from one state party.

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  Get in touch with Polluters Out through itswebsite orFacebook page, and follow@Ayishas12 and@pollutersout on Twitter.

   

• COP28: ‘Political momentum should translate into adequately funded collective action’

  CIVICUS discusses the hopes and roles of civil society at the forthcoming COP28 climate summit with Caroline Owashaba, an eco-feminist and gender inclusion specialist and Executive Director of Action for Youth Development Uganda (ACOYDE).

  Founded in 2014 and fully operational since 2014, ACOYDE is a community-based civil society organisation (CSO) working with adolescents and young people to set the agenda and influence policymaking to tackle young people’s challenges at the local, national and international levels. Its head offices are in Mbarara District, southwestern Uganda.

  What environmental issues does your organisation work on?

  ACOYDE works on a variety of environmental issues. In August 2022 we officially launched Climate Justice Clubs in Schools, aimed at helping teachers and students learn more about climate issues, bring this information into their families and the wider community, advocate for climate justice in their localities and create their own sustainable solutions. Schools are in a good position to start up sustainable solutions – for instance, some schools have agreed not use polythene bags as packages for the food consumed at break times.

  We also run a social enterprise that uses banana fibre to produce a variety of useful items. In this way, we contribute to the green economy by producing eco-friendly products that are biodegradable and support community livelihoods, especially for women and young people. This adds value to available community resources by training women to learn new skills to enhance their livelihoods.

  We have recently launched a climate justice club for adolescents and young women in Mbarara, which works as a peer learning and knowledge exchange platform focused on learning new skills. We also aim to build the resilience of rural women and raise the voices of women environmental human rights defenders. Women make up a large portion of the agricultural workforce in Uganda, but their importance is largely unacknowledged: their voices and concerns are rarely heard at the national and global levels and they are largely absent from decision-making roles. Our work has focused on training young women environmental defenders to be better able to tackle the challenges they face, including threats, intimidation, harassment and evictions, amplifying their voices, sharing their best practices and providing the conditions so they can learn from one another.

  Over time, we’ve seen growing collaboration between environmental activists and organisations working to protect biodiversity and those working for the rights of Indigenous peoples.

  Why is civil society participation in climate talks so important?

  Civil society plays critical roles in pushing for new laws, programmes, policies and strategies on climate change, holding governments accountable for their commitments, identifying the lack of coordinated government responses to climate change and ensuring that national policymaking does not forget the poor.

  CSO networks also collaborate to engage the media in order to reach the public and important decision-makers to impact on policies at the planning levels.

  What are your expectations concerning the outcomes of COP28?

  We expect to see a clearly defined agenda take shape to implement the loss and damage strategy agreed at COP27. Political momentum should translate into adequately funded collective action.

  The loss and damage fund launched at COP27 lacked a clear action plan, so we now expect to see a strategy to make it operational. Loss and damage funds are supposed to be aimed at assisting global south countries that are most vulnerable and have experienced the worst impacts of climate change. This is meant to cover the costs of natural disasters caused by global warming, such as wildfires, rising sea levels, heat waves, droughts and crop failure. Affluent countries must be the main source of funding for loss and damage, because forcing poor countries to borrow money to mitigate the effects of extreme weather and climate disasters would create more problems than it would solve.

  We would like to see more heads of states present at COP28, especially from the worst polluters and largest geopolitical powers, and held accountable for their countries’ emissions.

  We would like to see progress towards a just economic transition across key climate policy sectors. Meaningful partnerships are needed to link the climate agenda with broader issues of gender, food systems and ecosystem restoration. A fund should be set up for women farmers because in terms of climate resilience, grassroots and rural women are the most unsung change-makers of all time. They provide food, decent jobs and income to a large number of people. Consider how many households would be positively affected if they are adequately funded.

  That’s why I take part in the COP’s national gender and climate change working group, which has a chair reporting to the global chair. This is how we connect with the global climate movement and engage in conversations to influence climate policy.

  Do you anticipate any obstacles in engaging with COP28?

  Gender underrepresentation is likely to persist. Women have historically been underrepresented at COPs, for a variety of reasons including lack of funding to cover airfares, accommodation and living expenses. For example, when two young women from our organisation arrived in Egypt last year, they had trouble with their accommodation reservations. They had an incredibly hard time because hotels kept increasing their rates, and the hassle hindered their involvement in the event. We were very dissatisfied with the COP’s organisational planning.

  We have also witnessed accreditation procedures limiting women and girls’ involvement in COPs. The number of accreditations given is always limited, and a low share is granted to women, limiting their voices in decision-making spaces. In 2011 states agreed to boost female participation at COP, but their numbers have continued to significantly decrease. This happens at every level: for instance, a photo that was widely circulated at the start of COP27 showed only seven women among 110 leading negotiators.

  If we educate women and girls but do not provide them the opportunity to participate in international conferences, we are wasting their education, time and brains. Among participants at COP27 in Egypt, only 34 per cent were women. We don’t want this to happen at COP28 in the United Arab Emirates. We want to see educated, learned women and girls representing us at COP28. More inclusiveness is needed, including of women and girls with disabilities, from Indigenous and grassroots communities, rural and peri-urban communities, and especially those working in agriculture.

  What measures should be taken to make it happen?

  States should invest in funding more women and young people to take part in COP28 negotiations to ensure their issues are addressed and their voices are heard. Governments should invest more in women to drastically increase the current rates of female representation, which for some countries is as low as 10 per cent.

  As a result of their bigger burden of unpaid care work and more limited access to resources, women are more affected by climate change and suffer its economic impacts more. In some contexts, women are forced to drop out of school or marry to alleviate financial stress. If women and girls are given more space in negotiations, it will be more likely that these issues are addressed.

  We acknowledge that COP27 had the first-ever children and youth pavilion, where young people were able to participate effectively in the process; however, there is a need for higher numbers in subsequent sessions.

  The United Nations Secretary General’s Youth Advisory Group on Climate Change made a credible attempt to involve and engage young people at COP27. But there are ongoing barriers to youth participation in high-level events, including lack of commitment from older people and lack of funding, which must be addressed.

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

  Get in touch with Action for Youth Development Uganda through itswebsite andFacebook page.

• COP28: ‘To truly end the fossil fuel era, bold visions must now turn into historical action on the ground’

  CIVICUS speaks with Kaisa Kosonen, Senior Policy Advisor at Greenpeace Nordic, about the outcomes of theCOP28 climate summit and the vital role played by civil society in setting the agenda for fossil fuel phase-out. Kaisa was Greenpeace International delegation’s lead at COP28.

   

  What were the opportunities for civil society to influence the negotiations at COP28?

  I think the biggest influence civil society made was in agenda setting. Fossil fuel phase-out was never an official agenda item at this COP, but we managed to make it the number one topic for the global stocktake, and the main benchmark for success.

  Within the United Nations (UN) space at COP28 civil society was guaranteed a certain level of participation and access. However, areas dedicated to civil society, such as side event and press conference rooms and pavilions for civil society organisations, were noticeably separated from negotiation areas, government press conferences and media zones.

  On top of this, a unique aspect of COP28 was the record number of fossil fuel lobbyists who participated, securing more passes than all delegates from the 10 most climate-vulnerable nations combined. This influx of lobbyists introduced a different dimension of economic influence to the summit.

  Were climate activists, both local and international, able to exercise their right to protest?

  Greenpeace chose to focus its activities exclusively within the UN area, known as the blue zone. Within this area, protests were allowed if prior permission had been sought and granted. However, we encountered increased constraints and a lot of back-and-forth this time, with some unfounded wordsmithing on banner texts. Other groups also mentioned that their protests were redirected to less relevant locations and some activists experienced an atmosphere of intimidation.

  It is crucial that the UN Secretariat and security safeguard civil society spaces in COPs. Freedoms of expression and peaceful assembly should not be subject to negotiation with the host country’s presidency.

  What’s your assessment of the COP28 final declaration?

  The COP28 outcome delivered a long-awaited signal on ending the fossil fuel era, along with a call to massively scale up renewables and energy efficiency this decade. But it fell short in some aspects, containing potentially dangerous distractions and loopholes. The lack of sufficient means to achieve the proposed goals raises questions about the practical implementation of the commitments. Real progress will be determined by actions taken on the ground.

  Civil society played a crucial role setting the agenda at COP28, successfully steering the focus of world governments towards the urgent need for a fossil fuel phase-out aligned with the Paris Agreement’s 1.5 degrees warming limit. This shift in attention, sustained for almost two weeks, marked an unprecedented achievement during a UN climate summit. There’s no way back now.

  Despite its weak language, the declaration sent a clear signal that the fossil fuel era will come to an end. The practical requirement for ‘transitioning away from fossil fuels’ to achieve ‘net zero by 2050’, if implemented sustainably, would mean a near-complete phase-out of fossil fuels within the next three decades. To truly end the fossil fuel era, bold visions must now turn into historical action on the ground.

  The call for countries to contribute to the phase-out in a ‘just, orderly, and equitable manner’ emphasises the responsibility of wealthy states to take the lead and support global south countries in their transition.

  The operationalisation and initial capitalisation of the loss and damage fund also mark a turning point for global climate action – but only if it is built on.

  In the year ahead, the fund must be set up so that funding can start flowing to those who need it. Permanent, predictable funds must be established to meet the growing needs, flowing from the countries and corporations that have contributed most to the climate crisis towards those that have contributed less but are disproportionately impacted on by its effects. We must prevent further losses and damages through a fast and fair fossil fuel phase-out.

  What further steps need to be taken for the COP28 outcomes to have a tangible and positive impact?

  With this COP28 outcome we now have new global benchmarks for aligning action with the Paris Agreement 1.5 degrees limit and climate justice. This crucial roadmap includes accelerating global emission cuts, increasing reliance on renewables and energy efficiency, expediting the transition away from fossil fuels, putting an end to deforestation and fostering the growth of climate finance. Focus must now shift to real action on the ground.

  Over the next year, states face a critical period where they must formulate new national climate targets and plans to deliver their fair contributions to all these global goals. Simultaneously, countries need to collaboratively design the future landscape of international climate finance, moving beyond existing commitments to fill the growing gaps.

  What are your thoughts on the choice of Azerbaijan as COP29 host?

  The choice of Azerbaijan as the host for COP29 raises many concerns, given its economy’s very high reliance on oil and gas exports, and poor track record on human rights. The upcoming COP should primarily focus on delivering climate finance to those made vulnerable and lacking capacity, and on redirecting financial flows away from problems and towards solutions. Key to this is holding the fossil fuel industry and major polluters accountable for the damage they have caused, which won’t be easy with a host that’s highly invested in fossil fuels.

  That said, as the history of this process shows, when a determined group of progressive countries come together to drive change, and they are supported by the global climate movement, breakthroughs can happen. So the priority now is to ensure that by COP29 next year, countries will have taken key steps to accelerate the fair and swift transition away from fossil fuels on the ground, and that they’re ready to take the bull by the horns and make polluters pay.

   

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  Get in touch with Greenpeace through itswebsite,Instagram andFacebook accounts, and follow@Greenpeace and@kaisakosonen on Twitter.

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

• COP28: ‘We are worried that the host country, the United Arab Emirates, restricts civil society’

  CIVICUS discusses the hopes and roles of civil society at the forthcoming COP28 climate summit with Gideon Abraham Sanago, Climate Coordinator with the Pastoralists Indigenous Non-Governmental Organizations’ Forum (PINGOs Forum).

  Established in 1994, PINGOs Forum is an advocacy coalition of 53 Indigenous peoples’ organisations working for the rights of marginalised Indigenous pastoralists and hunter-gatherer communities in Tanzania. It was founded by six pastoralists and hunter-gatherers’ organisations promoting a land rights and development agenda.

  What environmental issues do you work on?

  PINGOs Forum works with Indigenous peoples’ communities across Tanzania to address the impacts the environmental and climate crisis is having on them.

  Although it is a global phenomenon, climate change affects communities in different ways and presents a variety of challenges. These include prolonged and severe droughts, floods, biodiversity loss, land conflicts and displacement, and the loss of livestock that communities depend on for their livelihoods. This also leads to the loss of culture and identity as young men migrate towards towns looking for an income-producing job, leaving women, children and older people abandoned at home.

  To respond to these challenges, PINGOs Forum supports community initiatives for land conflict resolution, the development of land use plans and the recognition of land rights for Indigenous peoples, as well as for water provision and restocking of agricultural supplies for destitute families. We also build capacity to tackle climate issues and support Indigenous peoples’ participation in national, regional and global climate forums to ensure their voices are heard and the resulting policies respond to their needs.

  PINGOs Forum is a member of the Climate Action Network (Tanzania Chapter), the CIVICUS alliance, the International Indigenous Peoples Forum on Climate Change and other bodies engaging with the United Nations (UN) Framework Convention on Climate Change. We use these platforms for advocacy and campaigning. They have been instrumental for us in being able to voice our concerns and engage in productive dialogue and exchanges.

  Have you faced any restrictions or reprisals for the work you do?

  Human rights defenders face threats and intimidation when advocating for the rights of Indigenous peoples to land and resources and organising to respond to their violations.

  The state of Tanzania does not recognise the existence of Indigenous peoples in the country. Instead, it always refers to them as marginalised groups, forest-dependent communities, forest dwellers and other such terms. This limits the ability of Indigenous peoples to exercise their rights as enshrined in the UN Declaration on the Rights of Indigenous Peoples, of which Tanzania is a signatory but clearly does not respect.

  The UN declaration includes the key right of Indigenous peoples to give free prior and informed consent, which of course the Indigenous peoples of Tanzania have never exercised. Their rights to ownership of land and resources have been repeatedly violated through forceful evictions from their ancestral lands. We have seen examples of this in Loliondo/Ngorongoro and Kimotorok in Simanjiro District.

  Another major challenge is access to the media. We believe in the power of media and recognise the pivotal role it plays in addressing the challenges faced by Tanzanian Indigenous peoples. But the media is restricted when it comes to publishing any information coming from Indigenous people’s organisations regarding issues such as land crises, as happened in the case of Loliondo. All media outlets were warned not to publish any information about it.

  What priority issues do you expect to see addressed at COP28?

  There are several key priorities for Tanzanian Indigenous peoples on the frontline of climate challenges, the first one being funding of loss and damage. One of the key decisions from COP27 was to establish a loss and damage funding mechanism. We would like to see this funding mechanism operationalised with sufficient resources to urgently respond to the challenges faced by Indigenous peoples. We are eager to understand how this mechanism will address economic and non-economic losses and provide compensation for what we have already lost.

  More broadly, Indigenous peoples are in dire need of direct access to reliable and flexible funding, including for adaptation measures and to build resilience in the face of the impacts of climate change.

  Regarding the carbon market, Indigenous peoples would need to be engaged and the technicalities and political issues around these investment approaches should be clarified. Indigenous peoples should be able to exercise their right to free, prior and informed consent when it comes to carbon credits in their ancestral lands and forests to avoid any rights violations resulting from climate interventions.

  All this would require a recognition of the rights and knowledge of Indigenous peoples and their full and effective participation in climate forums at all levels to inform better policy formulation and decision-making processes.

  Do you think COP28 will provide enough space for civil society?

  We are particularly worried about the fact that COP28’s host country, the United Arab Emirates, restricts civil society movements and campaigns. It is key for civil society and Indigenous peoples’ organisations to be able to exercise their rights to express their views and peacefully demonstrate at any time during the negotiations. Otherwise their perspectives will not be reflected in the outcomes and their concerns will not be addressed.

  Civil society and Indigenous peoples’ organisations play a pivotal role as observers at COPs. They hold negotiating parties accountable and make a difference when they are reluctant to take important decisions during the negotiations. During COPs, civil society campaigns, mobilises, develops position papers and issues joint statements to push parties to take urgent actions on agreed points.

  What are your expectations concerning its outcomes?

  Our main expectation is to have an ambitious COP28 addressing key points of climate change action. We expect the loss and damage financial mechanism to be operationalised in ways that take into consideration the rights of Indigenous peoples and address both the economic and non-economic losses they are experiencing. We expect direct and flexible funding to become accessible to Indigenous peoples, as well as capacity building and the transfer of the required technologies.

  We also would like to see a clear definition of adaptation actions and serious emission reduction commitments by developed countries. But above all, we want this to be a COP of actions and not of empty promises – we want to see developed states live up to their commitments, giving vulnerable communities reasons for hope that they will be able to face and survive the impacts of climate change.

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

  Get in touch with PINGOs Forum through itswebsite ofFacebook page, and follow@PINGOsForum on Twitter.

• COVID-19: ‘This is not just a health crisis but also a justice crisis’

  CIVICUS speaks to Abigail Moy, Director of the Legal Empowerment Network, the largest community of grassroots justice defenders in the world. Convened by the international civil society organisation (CSO) Namati, the Network brings together 2,343 organisations and 8,761 individuals from over 160 countries, all working to advance justice for all people. Around three years ago it launched Justice for All, a campaign to increase financing and protection for justice grassroots defenders worldwide.

  

  What kind of work does the Legal Empowerment Network do?

  The Legal Empowerment Network is a global and multidisciplinary network that convenes grassroots justice defenders worldwide. We are more than 2,000 grassroots organisations from approximately 160 countries around the world. Everyone in the Network is united by a dedication to helping communities to understand, use and shape the law. So whether they are working in environmental justice, women’s rights, health, education, or in any other sector, these justice defenders help communities to understand how policies, the law and governmental behaviour affect them and how they can be empowered to engage in these processes, use them and when necessary reform them to create a more just society.

  Our work is based on three key pillars. The first is learning: we are a learning hub where grassroots organisations exchange experiences and learn from each other about their methods and the impact of their legal empowerment work. Before the COVID-19 pandemic, every year we designed and executed learning events that helped members explore practical solutions to justice problems. These offerings included an annual leadership course, in-person learning exchanges, online webinars and e-learning opportunities that we are further developing during the pandemic.

  Our second pillar is advocacy and collective action. We work with our members to transform the policy environment to address injustices and promote legal empowerment at the national, regional and global levels. We often mobilise around the Sustainable Development Goals (SDGs) as a means of addressing justice needs on the ground. Two of our central calls for advocacy and collective action include increasing financing and protection for justice defenders at all levels. These two priorities affect our members no matter what country are they in, and as such, financing and protection are the focus of our Justice for All campaign.

  The third pillar is community building. We seek to build a stronger community amongst grassroots justice defenders so they can support and learn from each other. We aim to develop a stronger leadership core for the movement and find ways for people to improve their work by connecting, developing their thinking and working collaboratively.

  All three pillars – learning, advocacy and community – feed into our ultimate vision, which is to cultivate a global movement for legal empowerment that mobilises millions of people to tackle collectively the greatest injustices of our time.

  What is the role of Namati in relation with the Legal Empowerment Network?

  Namati is the organisation that convenes the Network. It functions as its secretariat in many ways. We think of ourselves as an active member of the Network that happens to take care of aspects such as finances, coordination and maintaining infrastructure. We work with the Network Guidance Committee, a council of network members, to decide on the priorities and strategies of the Network and to organise learning and advocacy opportunities. Every year we survey Network members on what they want to do, and this information serves as a guidepost for planning. As a Network member, Namati feeds into this process, but we are one voice among many.

  Namati also has country programmes. While members of the Network take on a wide range of justice challenges around the world, Namati works in close partnership with some of these members to take on three urgent issues – land and environmental justice, health justice and citizenship justice – in six countries: India, Kenya, Mozambique, Myanmar, Sierra Leone and the USA.

  Can you tell us more about the Justice for All campaign?

  We launched the Justice for All campaign almost three years ago. Our prior campaign, called Justice 2015, was a call to integrate justice in the SDGs. We succeeded, but after the SDGs were adopted there was nobody focusing on making good on the commitment in Goal 16 to ensure equal access to justice for all. In response, we launched the Justice for All campaign, which focuses on the fact that funding and protection for justice defenders are necessary foundations to meet Goal 16, and indeed any of the goals, and that legal empowerment must be supported.

  Network members promote the Justice for All campaign in different ways in their countries and regions and at the global level. Some members have hosted meetings with their governments, other members of civil society and other stakeholders to discuss these issues and try to find policy solutions to increase funding and protection for grassroots justice defenders. Other members have focused on the global arena, approaching global donors and attending global events such as the High-Level Political Forum (HLPF) on the SDGs. Yet other members have focused on their respective regions, looking at regional bodies or agreements that they can influence.

  As a Network member with strong global connections, Namati connects member experiences at the national level to the global level. We have done a lot to highlight grassroots experiences in our advocacy at the HLPF, the UN General Assembly and other high-level conferences and events, and have worked with major donors around the world to recognise the value of legal empowerment and the need for funding.

  Have you needed to make any changes in response to the COVID-19 pandemic?

  During the pandemic, the Legal Empowerment Network pivoted to respond directly and comprehensively to the crisis-driven needs of its members. To understand what their most urgent needs were, we administered a survey. We asked Network members how the pandemic was affecting them, how they were adapting, what kind of resources they needed to remain effective, what types of policy interventions were necessary to ensure a just response, and how we could help them.

  Regarding the challenges faced by Network members, we classified survey responses into four categories: remote work challenges, financial challenges, logistics and mobility challenges, and safety, security and health challenges. Remote work turned out to be a huge problem for Network members, as did finances, due to both increased expenses and reduced revenues.

  In response to the survey, we put together resources adjusted to their needs. First, we set up an online hub that offers multilingual resources to help legal empowerment groups understand the pandemic, get truthful and reliable information and identify ways to mitigate harm. We put together a brief that answers common questions about COVID-19, with useful advice on how grassroots justice organisations can prepare and protect themselves. We tailored this information to address challenges faced by specific subsets of Network members, such as those living or working in crowded areas. The information was sourced from key public health authorities such as the World Health Organization and compiled by public health experts.

  Second, we published a policy brief, ‘Grassroots Justice in a Pandemic: Ensuring a Just Response and Recovery’, that makes recommendations to policy makers, donors and multilateral institutions on how to fund and protect grassroots justice defenders during and after the pandemic. We shared it widely with stakeholders such as governmental and philanthropic donors.

  Third, we facilitated a number of conversations among grassroots practitioners, examining legal empowerment work during the pandemic, via a series of conference calls and webinars. These have been taking place over the past few months. Hundreds of members participated in these conversations. The ensuing thematic and regional conversations served as venues for discussion on best practices and learning around how members are adapting their efforts, tracking and responding to human rights violations arising from the crisis, and accessing financial support and other needed resources. In these conversations, we also explored what we can do together to help each other move forward. We compiled best practices of remote working and are preparing more materials on resources, services and techniques that can be used for working during the pandemic.

  We realised that in a crisis such as this you can’t do business as usual, so we got rid of our annual plan and started from scratch to do what we needed to do.

  What has the Justice for All campaign achieved so far?

  The campaign has helped to weave a common narrative that highlights grassroots perspectives at high-level global events, encourages dialogue and public understanding, and urges action on the two key themes of financing and protection for grassroots justice defenders.

  At the national level, it has helped people articulate their needs and translate them into longer-term advocacy efforts. Network members said that the campaign’s policy brief was incredibly useful in their discussions with their national governments about why there should be local funding for community paralegal groups.

  At the global level, we have shifted ongoing dialogue and norms. Before, there had never been any talk about what was needed to advance access to justice and achieve Goal 16; there was no acknowledgement that justice services required funding and that the people doing the work needed to be safe. Right now, these issues are being taken up and addressed at a high level, and have been integrated into reports and major agendas. So we feel that we have influenced the international dialogue around justice defenders, and while there is more work to be done, that in itself is a victory.

  In the financial front, the Justice For All campaign has influenced donors to commit new resources to access to justice and legal empowerment. During the pandemic, the campaign adjusted its focus and established a COVID-19 Grassroots Justice Fund, and successfully rallied a number of donors to make contributions. This was in response to our members’ desperate need of funding when the pandemic hit. We realised that the funding that they needed wasn’t massive; a lot could be done with just a small injection of money, for instance in the form of one-time grants of a few thousand dollars. Relatively modest funds could make a difference and help address urgent justice issues that are entwined with the pandemic. We launched this fund in July with the aim of raising US$1 million, and we think we are going to get there. We have received a lot of support, we have already accepted the first applications, and the money should be distributed within the next month. These are small requests, of between US$3,000 and US$20,000, for grassroots justice groups to cover supplies, training, salaries and anything else needed to keep them afloat. The idea behind the fund is that the pandemic is not just a health issue; it is also a justice issue and we need to sustain the defenders that are helping communities to face the justice crisis.

  What kind of support from international civil society would you need to be able to continue your work?

  Our survey asked our members exactly that question, and 58 per cent answered that they needed technological support. The nature of legal empowerment work is very much a trust-building exercise that usually calls for face-to-face interaction. Most of the grassroots groups we work with are used to going out to talk to with community members, convening face-to-face community meetings and educating people. They are not used to working remotely. They are not familiar with working with apps and they don’t have enough devices to do so. Additionally, 67 per cent responded that they need capacity-building support. This support is needed both to adapt to technology and to reimagine ways to do their work remotely or while social distancing. Last but not least, 88 per cent responded that what they need from international civil society is financial support. And they made it clear that it is not just about more funding now, but rather about more sustainable and more reliable funding going forward.

  Get in touch with the Legal Empowerment Network through Namati’swebsite orFacebook page, and follow@GlobalNamati on Twitter.

• CUBA: ‘All tactics used by activists have been turned into crimes’

  CIVICUS speaks about changes to the Cuban Penal and Family Codes and the government’s reaction to mass protests in 2021 with Marta María Ramírez, a Cuban journalist and autonomous feminist.

  

  Photo by María Lucía Expósito

  How do you assess recent changes to the Cuban Penal Code?

  The reform of the Penal Code cannot be understood without reference to last year’s protests. The argument provided to justify this reform referred to the previous constitutional reform: once the constitution was updated in 2019, a reform of the Penal Code was required. But the constitutional process itself was misleading: one would think that a constitutional update is something positive, but this is not necessarily the case in Cuba. The constitutional reform process was confusing: while the rituals of consultation were carried out, the reform was basically imposed. And in terms of substance, the new constitution contains many questionable elements, which are precisely the ones that should have been changed but were carried over intact from the old constitution.

  For instance, while the new constitution recognises the market, it continues to declare socialism as the economic system in place and highlights the ‘irrevocable’ character of socialism. The one-party system remains intact, with the Cuban Communist Party recognised as ‘the superior leading political force of society and the state’ on the basis of ‘its democratic character and permanent link with the people’.

  As a result, other freedoms that the constitution also recognises are rendered meaningless. For example, the constitution recognises ‘the rights of assembly, demonstration and association, for lawful and peaceful purposes, [...] provided that they are exercised with respect for public order and in compliance with the prescriptions established by law’ – but this is the very same law that establishes that the only legitimate political affiliation is to the Cuban Communist Party.

  The same applies to the freedoms of expression and artistic creation, which are recognised if they are exercised ‘in accordance with the humanist principles on which the cultural policy of the state and the values of socialist society are based’, that is, only if they are used to express acquiescence rather than critical thought.

  In any case, on the basis of this reform it was argued that the rest of the legal framework, including the Penal Code and the Family Code, should be updated. In the case of the Family Code, this was really necessary, because it had not been updated since 1975 and was totally out of step with the reality of today’s society. The reform of the Penal Code was also justified by the need to ‘modernise’ legislation and codify crimes that the previous code, which dated from 1987, did not recognise, such as environmental crimes, cybercrime and gender-based violence. But from my perspective, this reform can only be understood in reference to the July 2021 protests and their predecessors: those of 11 May 2019, 27 November 2020 and 27 January 2021.

  To shield the regime from dissent, all tactics used by activists have been turned into crimes of public disorder and crimes against state security, and foreign funding of civil society organisations and the media is criminalised. The aim is to stifle dissident media, because how is a media not aligned with the state to be financed in Cuba?

  Penalties for various crimes have also increased. Not only has the death penalty been retained, but the range of crimes it can be applied for has increased. The age at which a person is decreed criminally responsible is among the lowest in the world. What kind of modernisation is this? For some reason it was decided not to submit this reform to any kind of consultation.

  If we analyse the production of laws in recent years, it is clear that this has been systematically aimed at shielding the regime, which has gone beyond controlling actions to try to control thought as well. This protective shield is completed with the new Penal Code, which seeks to prevent a repetition of last year’s protests and silence all dissent.

  How can we understand the discrepancy between these highly regressive changes to the Penal Code and the apparently progressive reform of the Family Code currently underway?

  The Family Code is also being updated following the constitutional reform, although it should – and could – have been reformed much earlier. The first time I heard about equal marriage in Cuba was back in 2007. Even then there were calls for reform coming from academia, which is where activism linked to gender issues, women’s rights and sexual minorities was concentrated.

  But there was a lot of resistance and it was argued that recognition of equal marriage required a constitutional reform. This was obviously not true: marriage was regulated by the Family Code and not by the constitution, and when the constitution was reformed, this right was not included, but rather purposefully excluded and left pending for whenever the Family Code was reformed.

  The issue of equal marriage was again at the centre of the debate from the moment that, following the constitutional reform, the Family Code needed to be reformed as well, and pressures mounted for this right, not enshrined in the constitution, to be recognised by the Code – something that could have been done in 2007, 15 years ago. But this is clearly the way Cuba is ruled.

  In the draft Family Code that was submitted to consultation no special protection was included for trans children. Nothing, not a single mention, although it is known that this group experiences high rates of school dropout, expulsion from their homes and school bullying, both by students and teachers, experiencing a total impossibility to live their gender identity with guarantees. When trans people grow up, particularly trans women, they are the favoured victims of punitive provisions relating to ‘pre-delinquent behaviour’. This concept is so fascist that it is no longer called this in the current Penal Code, but it will remain in force through other regulations, in the practices of law enforcement officials and in the biases that will continue to exist.

  Why are we discussing these issues now? I have the impression that this is being used as a smokescreen, a manoeuvre to placate a demand without making profound changes to the political regime. These two seemingly contradictory strategies – a regressive reform of the Penal Code and a seemingly progressive reform of the Family Code – both point in the same direction, that of the stabilisation of the regime.

  I say ‘seemingly progressive’ because after a long process of consultations, parliament must now take the proposals received, reformulate the bill and set a date for a referendum to turn it into law. We still don’t know what will remain in the bill and what will be watered down or modified. Nor do we know how this document will translate into the daily lives of Cuban families.

  What positive elements are expected to be included in the new Family Code?

  One of the issues included in the draft Family Code is same-sex marriage and adoption by same-sex couples. Another issue that has been included is that of so-called solidarity gestation, or surrogacy, which until now has been illegal. This of great concern to feminist activists. Let’s remember we are in a context of brutal machismo and feminisation of poverty. How will solidarity gestation be regulated? Even if the law is clear on the prohibition of remuneration, how will it be possible in this context to avoid the development of an informal economy based on the exploitation of pregnant women?

  Another important issue is that of the rights of grandparents to have a relationship with their grandchildren, which has its counterpart in some provisions on parental responsibility, which would include respecting and facilitating the right of children to maintain communication with their grandparents and other close relatives.

  The issue of parental responsibility is key. It replaces the concept of parental authority, bringing a welcome shift from the idea of fathers’ and mothers’ power over children to the idea that parents are responsible for and have a responsibility towards their children. This is very interesting, and yet it has generated uproar, not only from social conservatives but also from political activists.

  This must be understood within Cuba’s political context. Activists – not necessarily conservative ones – feel that the emphasis on responsibility would allow the state to label them as irresponsible so they can take their children away from them, or threaten to do so to force them to desist from their activism. Many activists, and particularly women with maternal responsibilities, have already encountered this kind of threat, with comments such as ‘take care of your children’, ‘we know you have your daughter’ and ‘be careful, do it for your child’.

  But I think this threat is already out there, and under the new Code fathers could also be forced to exercise their responsibilities – something that does not currently happen in Cuba, with the feminisation of poverty being a consequence. As elsewhere in the region, there has been a massive increase in single-parent, female-headed households, something official statistics do not fully recognise.

  Another issue that has been at the centre of discussions is that of the children’s progressive autonomy. We know that punishment – including physical punishment – is normalised in Cuba, and parents make important decisions for their children without consulting them. The idea that parents are able to decide everything for their children until they come of age has changed over time, increasingly replaced by the concept that children progressively acquire the capacity to make their own decisions. I personally believe that as parents we should no longer talk about ‘parenting’ a child, but rather about accompanying them in their learning process.

  An important issue contained in the version of the document that went out to consultation is that of child marriage, added at the last minute as a result of strong pressure from feminist activism and independent media and allies. It is a vital issue, but legislators had not seen it.

  Many of these issues have created controversy, but I don’t think there has been real debate. In a context of high political polarisation, Cuba is not ready for debate. As activists who participated as independent observers have reported, the debates that have taken place in the consultative stages have been misguided and have not been led by people well trained to conduct them. There really is no debate in Cuba; you simply hear monologues for and against.

  What other problems do you see?

  Generally speaking, the problem is not with the contents of the Family Code. Women make up more than half of the population, and if you also count children, adolescents and LGBTQI+ people, the new code would meet the needs of a large majority.

  But we have great doubts about the reasons why it is being pushed through just now, especially because of the way in which some controversies were encouraged that served to obscure the fact that at the same time a terribly regressive reform of the Penal Code was being imposed on us, without any debate.

  In the new Penal Code, everything we do as activists and citizens is criminalised. It is a medieval code. The Family Code, on the other hand, is presented to us as ultra-modern and the result of consensus, which also creates uncertainty about its implementation. But while we have no doubts about the implementation of the Penal Code – we know that it will be implemented to the letter – if the Family Code ends up being as modern and progressive as advertised, I have huge doubts that it will actually be implemented. 

  To a large extent, those who would benefit from the new Family Code are the same people who will be repressed under the new Penal Code. Those who are protesting for the release of activists imprisoned after the 2021 protests are mostly single mothers demanding their children’s freedom. Many of those who took to the streets to protest were poor, Afro-descendants, transgender people and children raised by single mothers. This problem has existed for a long time and there have been no public policies aimed at solving it. There has not been the slightest attempt to make public policies with a gender perspective. In this context, it cannot be expected that the new Family Code will make such a big difference.

  Civic space in Cuba is rated ‘closed’ by theCIVICUS Monitor.
  Follow@Martamar77 on Twitter.

• CUBA: ‘The only options available are prison, exile, or submission’

  

  CIVICUS speaks with Cuban activist  Carolina Barrero, who has been in exile in Spain since February 2022, about the circumstances driving increasing numbers of Cubans out of the country.

  Carolina is an art historian and a member of the 27N movement, formed out of the protests held on 27 November 2020 outside the Ministry of Culture in Havana to denounce lack of freedoms, the repression of dissent and harassment against the San Isidro Movement, a protest group started by artists. She was forced to leave Cuba in reprisal for her activism in support of relatives of political prisoners held since the protests of 11 July 2021, known as 11J.

  Why did you leave Cuba?

  My story as an activist forced into exile follows the pattern typically used by the state security apparatus to neutralise dissidents. I was told many times that I had to leave or else I would suffer legal consequences and eventually go to jail. I never gave in. I currently have four open cases, for instigation to commit a crime, conspiracy against state security, contempt and clandestine printing. Every single time I was threatened with prosecution and imprisonment if I did not stop my activism. I was urged to ‘stay quiet’, a classic euphemism for subdued.

  On 31 January 2022, I was arrested at aprotest outside the 10 de Octubre Municipal Court in Havana. It was the first day of thetrial of a group of 11J protesters. I was with other activists including Alexander Hall, Leonardo Romero Negrín, Daniela Rojo and Tata Poet, accompanying political prisoners’ mothers who were waiting to see their children from a distance when they were brought to court. When that happened, we all applauded and shouted ‘freedom’ and ‘they are heroes’. State security offices violently arrested us, beat us and put us in a cage truck to take us to different police stations.

  As happened before, state security told me that I had 48 hours to leave Cuba. But this time I was told that if I didn’t, 12 mothers of political prisoners would be prosecuted for public disorder. At first I thought it was just an empty threat, but they told me, ‘for 20 years we have been doing this to the Ladies in White’, a group who have been mobilising for their detained relatives since 2003. In other words, they were prepared to go all the way.

  The Cuban dictatorship knows very well how to put pressure on us using our families and our private lives, because they have us under surveillance and they know everything about us. For instance, they know if your mother has a heart condition so they pay her a visit to force you to stay quiet and not give her a heart attack. If you have committed an infidelity, they threaten to show photos to your partner. If you are at university, they threaten you with expulsion. If you live in rented housing, they pressure your landlords to throw you out. Their tactic is to detect your weakness and blackmail you into submission. At some point you get tired of this life and choose to self-censor.

  These threats were not working with me, so they threatened me with infringing on the freedom of third parties. They knew of my close ties with the mothers of imprisoned protesters and particularly with Yudinela Castro and Bárbara Farrat. Most of these mothers live in very precarious situations and cannot denounce the arbitrariness they suffer. Many have more than one child in prison, sometimes also their husbands, so they are quite alone. When they threatened me with criminalising and imprisoning them, I decided this time I had to leave.

  How different is the situation of political exiles from that of those emigrating for economic reasons?

  In principle, there would seem to be a big difference between exile resulting from the use of systematic repression to punish or neutralise political dissent and emigration motivated by social and economic asphyxiation. However, this classification obscures the ultimate causes of the factors that lead people to leave Cuba.

  Under a dictatorship such as Cuba’s, the root reasons why people leave the country are always political. All waves of exile from Cuba, from the 1960s to the present day, have had a political background: repression by the ruling regime. Not only are political freedoms missing, but all the freedoms necessary for people to be able to manage their own destiny. In Cuba people have no agency over any aspect of their public or private lives; all aspects of life are controlled by the Cuban state, which is not merely authoritarian, but totalitarian.

  No one flees paradise. No one decides to leave their life, work, career and affections to pursue the ‘American dream’. Although in some cases the forced character of exile seems clearer than in others, at the end of the day every exile from Cuba is a forced exile. We flee to survive and to have the opportunity to just be.

  Many Cubans risk their lives at sea or cross jungles with their babies to get to a place where they don’t know the language or the culture, just to be a little freer. In Cuba, if you don’t fit the mould set by the Communist Party, the only authorised party, in power since 1965, you are treated as a potential criminal. Everything is politically determined, from access to education and healthcare to the possibility of earning a living. Economic suffocation also has political causes. So it is misleading to distinguish sharply between political exile and economic migration.

  Following the protests of 11 July 2021 and their repression, it became clearer than ever that the only three options available to Cubans are prison, exile, or submission.

  Like other Cuban activists in exile, you have conducted international advocacy ever since you left Cuba. Do you think this could prompt the Cuban state to rethink its tactic of offering exit instead of prison?

  At the moment, the Cuban state is more concerned about us being inside, lighting the fire of protest, than outside, denouncing repression in international forums. But I think the regime’s calculations are wrong, because those of us who have gone into exile have not forgotten Cuba and are not going to abandon the cause of democracy. And international advocacy plays an important role in our struggle.

  This, which may seem innocuous to the regime, is a fundamental part of activism to end the dictatorship because it attacks one of the fundamental pillars that have sustained the regime: the effectiveness of international propaganda. The Cuban state has allocated enormous resources to diplomacy so that every embassy is a propaganda centre that promotes the narrative, the epic and the myth of the Cuban Revolution.

  To counter the effect of propaganda on international opinion, now Cuba also has a growing army of ambassadors who have witnessed and been part of the latest cycle of protests and can speak in international forums of what is really happening in Cuba. I firmly believe that, to a large extent, the fall of the dictatorship depends on the fall of the myth. This is an important task for us in exile.

  What are the chances of a political transition in Cuba?

  I do not dare to make predictions on such a delicate issue, and one so longed for by Cubans for decades. But I am able to highlight one fact: the Cuban regime has never been as weak as it is now. After the mass protests, the regime can no longer hide the extent of the discontent, which it has historically blamed on a few opponents who, according to its narrative, are funded by ‘the empire’. Social discontent is now evident and massive, reaching all corners of the island and all social groups. The dictatorship no longer has the support of the poorest or of those it claims to defend, but only of the military and bureaucratic leadership.

  It also has a serious succession problem. Since Miguel Díaz-Canel assumed power after being appointed by Raúl Castro, he has not made a single administrative decision that has earned him praise. Everything has been a disaster and he will be remembered as an incompetent dictator with very little charisma. I think the regime spends 24 hours a day thinking of how to fill this power vacuum, since Díaz-Canel has no credibility whatsoever, even among officials, and even demoralises the repressive apparatus. The problem is that they have no one to replace him with, nor do they know how. They could stage a vote, but the situation is so delicate that they know it could easily get out of hand. They could even stage a self-coup, but this is also a very delicate path that could end up being lethal.

  At the current international juncture, Cuba’s position on the Russian invasion of Ukraine makes the Cuban dictatorship, the oldest in the western hemisphere, even more difficult to justify in the eyes of international opinion. Justifying Cuba has become a challenge even for those with a marked ideological bias. Added to these factors are the economic, social and humanitarian crises, all of which threaten the regime and its continuity. Faced with the energy crisis and shortages of basic goods, the Cuban foreign minister himself has requested support from the Biden administration, something totally unheard of. The irony is complete: in Cuba there are people in prison accused of ‘mercenaryism’ for having received US support, and now it turns out that the Cuban government itself has become a mercenary by its own definition.

  What will happen or not, I dare not predict. I believe that the protests will not be silenced and our voices will continue to be heard. I only hope that the democratic transition will come about through a peaceful process rather than violence.

  Beyond overthrowing the dictatorship, the goal – and the challenge – is to build a democracy. For this we will need the support of civil society organisations such as CIVICUS. After six decades of civic and political anaesthesia, in recent years Cuban civil society has awoken and showed that it has the capacity, the will and the determination to move towards democracy. We have an open window of opportunity and, as the Cuban writer José Lezama Lima would say, we have the power for change.

  ---

  Civic space in Cuba is rated ‘closed’ by theCIVICUS Monitor.

  Contact Carolina Barrero through herInstagram page and follow@carolinabferrer on Twitter.

  Photo credit: Fernando Fraguela

   

• DRC: ‘The United Nations’ peacekeeping mission has failed’

  CIVICUS speaks about the ongoing protests against the United Nations (UN) Organization Stabilization Mission in the Democratic Republic of the Congo (DRC), MONUSCO, with social activists Espoir Ngalukiye and Sankara Bin Kartumwa.

  Espoir and Sankara are members of LUCHA (Lutte Pour Le Changement), a civil society organisation (CSO) that advocates for human dignity and social justice in the DRC. It has played a role in peaceful protests against MONUSCO.

  

  What triggered the anti-MONUSCO protests?

  The eastern region of the DRC has faced security issues for over three decades. People are protesting for MONUSCO to leave because its strategy to maintain peace has failed.

  MONUSCO was deployed to restore peace in the DRC by protecting civilians, facilitating safe electoral processes and fighting rebel groups. But it has been in the country for close to 20 years and the opposite has happened: the number of armed groups has risen, people continue to live in unsafe conditions and innocent lives are being lost despite the presence of MONUSCO.

  It was the peacekeeping mission’s job to prevent that happening, but it has not served us diligently and has proven to be useless. Right now, extremely high levels of violence are causing many people to migrate in search of safety. This alone is evidence enough that the peacekeeping mission has failed.

  Many people in local communities do not have a good relationship with MONUSCO because they believe the mission has not taken up its role to protect them. Civilians’ lack of trust, in turn, makes it challenging for MONUSCO to carry out its mandate. But if it was effective, people would not be protesting against it.

  How have the authorities responded to protesters’ demands?

  The immediate response has been violence by both MONUSCO and the Congolese authorities. We have seen people injured and killed just because they were part of the protests. People are angry because security issues have been ongoing for years, and MONUSCO should have seen this coming: it was only a matter of time before people started acting on their anger towards the mission. MONUSCO should have come up with ways to deal with the situation without people having to lose their lives. 

  As for the Congolese authorities, they have arrested people unlawfully. Most people who have been detained are facing terrible conditions in prison and our concern is that they all get justice. We do not want them to be tortured for fighting for their rights.

  The UN Secretary-General has condemned the violence and called for the Congolese government to investigate it. But the demand for MONUSCO’s departure has not been addressed, and protesters say they will not stop demonstrating until MONUSCO leaves.

  Unfortunately, the Congolese authorities have not addressed our concerns either. From our standpoint, they will be the next to be targeted because they have been elected and are paid to protect us. If they cannot live up to their responsibilities, we will hold them accountable. They must join their voice to ours and ask MONUSCO to leave.

  What is civil society in general, and LUCHA in particular, doing to help improve the situation?

  LUCHA is a CSO that advocates for change in a non-violent manner. We have tried to show people it is possible to advocate for change without using violence. Our members have participated in protests against MONUSCO, which we believe are legitimate and constitutional, so we also demand non-violence and respect for the law on the government’s part. Our country has a violent history, and we would like to change that narrative.

  We are an organisation led by young people who have experienced war and conflict and want to see a better society emerge, and a better future for all. We struggle for Congolese people and their right to have access to basic needs, starting with living in a safe environment. We have members on the ground in the areas where the protests are happening, and their role is to monitor the situation and report on the events taking place.

  LUCHA is using our social media accounts to inform people in and outside the DRC about the situation and how it is impacting on so many innocent lives. We hope this will create awareness and push the authorities to address our demands.

  Our monitors on the ground also work to ensure protesters do not employ violence, but this has proven to be a challenge because most people are tired and at this point they are willing to do whatever it takes to get MONUSCO to leave, even if it means using violence.

  What should the international community do to help?

  The international community has been hypocritical and has always prioritised their own needs. It is unfortunate that the recent events are happening in a mineral-rich area of our country. Many powerful people have interests there and are willing to do anything to ensure they are protected. That is why so few countries are speaking up against what is happening.

  Geography also puts us at a disadvantage. Maybe if we were Ukraine our voices would have mattered but we are the DRC, and international players only care about our resources and not our people. But the people who are getting killed in the DRC are human beings who have families and lives and dreams just like the ones being killed in Ukraine.

  The international community must understand that we need peace and security, and that MONUSCO has failed to deliver and needs to leave our country. It must listen to the voice of the people who are sovereign. Listening to the people will be the only way to stop the protests. Trying to stop them any other way will lead to more violence and more deaths.

  Civic space in the DRC is rated ‘repressed’ by theCIVICUS Monitor.
  Get in touch with LUCHA through itswebsite or itsFacebook page, and follow@luchaRDC on Twitter.