civic space restrictions

• HONG KONG: ‘Any activism that the government dislikes can be deemed a national security violation’

  CIVICUS speaks about the persecution faced by Hong Kong activists in exile with Anouk Wear, research and policy adviser at Hong Kong Watch.

  Founded in 2017, Hong Kong Watch is a civil society organisation (CSO) based in the UK thatproduces research and monitors threats to Hong Kong’s autonomy, basic freedoms and the rule of law. Itworks at the intersection between politics, academia and the media to help shape the international debate about Hong Kong.

  What challenges do Hong Kong activists in exile face?

  Hong Kong activists in exile face the challenge of continuing our activism without being in the place where we want and need to be to make a direct impact. We put continuous effort into community-building, preserving our culture and staying relevant to the people and situation in Hong Kong today. 

  When we do this, we face threats from the Chinese government that have drastically escalated since the National Security Law (NSL) was imposed in 2020.

  This draconian law was enacted in response to the mass protests triggered by the proposed Extradition Bill between Hong Kong and mainland China in 2019.

  The NSL broadly defines and criminalises secession, subversion, terrorist activities and collusion with a foreign country or with external elements. The maximum penalty is life imprisonment. In 2022, the United Nations (UN) Human Rights Committee concluded that the NSL is ‘vague and ambiguous’.

  In practical terms, any activism the Hong Kong government dislikes, including meeting a foreign politician, organising an event and publishing an article, can be deemed a violation of the NSL, according to the government’s interpretation. This means we don’t know what is legal and what is not, and many people end up self-censoring to protect themselves.

  On 3 July 2023, the government issued new arrest warrants for eight activists in exile, including three in the UK – Nathan Law, Finn Lau and Mung Siu-tat – and offered bounties of around £100,000 (approx. US$130,000) each for anyone providing information leading to their arrest. All of them are accused of breaching the NSL. Despite having no legal basis for applying the NSL in the UK, the Hong Kong government continues to threaten and intimidate activists abroad.

  To what extent are civil society and independent media in exile able to continue doing their work?

  Since the imposition of the NSL, over 60 CSOs, including political parties, trade unions and media groups, have disbanded. Many have relocated abroad, including over 50 CSOs that signed a joint statement urging government action following the Hong Kong National Security arrest warrants and bounties this month. 

  There is a strong network of Hong Kong activists in exile, and activists in exile are still able to do their work. However, we have great difficulty collaborating with activists still in Hong Kong because of the risks they face. For example, last week, five people in Hong Kong were arrested for alleged links to activists in exile who are on the wanted list. Collaborations must now be even more careful and discreet than they already were.

  What kind of support do Hong Kong activists and journalists in exile receive, and what further international support do you need?

  In November 2022, Hong Kong journalists who relocated to the UK collaborated with the National Union of Journalists of the UK and Ireland to launch the Association of Overseas Hong Kong Media Professionals. They pledged to focus on freedom of the press in Hong Kong and provide mutual assistance for professionals who have relocated overseas.

  There is also extensive support among Hong Kong activists and CSOs in exile, from civil society of host countries and from the international community, as can be seen in the joint response to the arrest warrants and bounties issued on 3 July.

  However, more coordinated action is needed to respond to Beijing’s threats, particularly from the governments of host countries. There needs to be more assurance and action to reiterate that Beijing and Hong Kong do not have jurisdiction abroad and there will be serious consequences to their threats. 

  Hong Kong activists in exile are now making submissions to the UN Human Rights Council’s Universal Periodic Review process, which will review China’s human rights record since 2018.

  We urge UN member states, CSOs and journalists to use this opportunity to highlight the drastic changes that have taken place in Hong Kong and to continue supporting our fight for democracy, rights and freedom.

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

  Get in touch with Hong Kong Watch through itswebsite or itsFacebook page, and follow@hk_watch and@anoukwear onTwitter.

• HONG KONG: ‘We urge governments to protect exiled human rights defenders within their jurisdictions’

  

  CIVICUS speakswith Anouk Wear, research and policy adviser at Hong Kong Watch, about recent district council elections held in Hong Kong amid an ongoing crackdown on dissent.

  Founded in 2017, Hong Kong Watch is a civil society organisation (CSO) based in the UK thatproduces research and monitors threats to Hong Kong’s autonomy, basic freedoms and rule of law. Itworks at the intersection between politics, academia and the media to shape the international debate about Hong Kong.

   

  What was the significance of Hong Kong’s 2023 district council elections?

  On 11 December 2023, Hong Kong held elections spanning 18 district councils with a total of 479 seats. District councillors advise the Hong Kong government on local issues within their districts and have funding to promote recreational, cultural and community activities.

  These elections were especially significant because following the previous round, held in 2019 and won by pro-democracy candidates by a landslide, the Hong Kong government introduced several changes to ensure that the pro-China camp would maintain the majority in future elections.

  The 2023 election was marked by a record-low voter turnout of just 27.5 per cent. Many people abstained because they felt a sense of despair given that all candidates had to be vetted and approved by the Chinese state. This left no opposition voices to vote for, diminishing the significance of the election.

  We want genuine universal suffrage, not a ‘democracy with Chinese characteristics’, as the founding chairman of Hong Kong’s Democratic Party, Martin Lee, aptly warned in 2014. Unfortunately, the situation has only worsened since then.

  What tactics did the government use to control the election?

  As analysed in a briefing we published recently, the election fit into a broader trend of democratic erosion in Hong Kong.

  In 2021, changes to Legislative Councils were introduced under the slogan ‘Patriots Governing Hong Kong’,  aimed at screening out democrats and ensuring that only pro-establishment candidates aligned with Beijing could run for seats. To that effect, candidates are now required to pass two major political barriers before participating in the election.

  First, they must secure nominations from all five sectors of the Election Committee, a 1,500-member electoral college made up of representatives of various constituencies, including industry, professions, grassroots organisations, the government and Hong Kong representation in Chinese bodies. Second, they are screened by the Candidate Eligibility Review Committee, mainly composed of government officials. Candidates who don’t have a strong pro-China agenda can be disqualified on grounds of not being ‘patriotic’ enough.

  A similar approach was applied to district council candidates. In April 2023, Chief Executive John Lee announced that upcoming district council elections would be open exclusively to patriots, with only a certain number of ‘depoliticised’ seats focused on administrative tasks elected by the public. He added that people who love the country and are willing to serve can participate in district councils through ‘various other ways’. In line with these reforms, only 88 seats were directly elected by the public, compared to 452 in the previous election, with 179 to be appointed by the chief executive.

  Moreover, in the lead-up to the elections, three members of the League of Social Democrats were followed and arrested for planning a protest against the election, which they called a ‘birdcage’, stating that ‘Hong Kong people’s right to vote and to be elected seems to be absent’.

  What should be done to restore democratic freedoms in Hong Kong?

  Civil space has drastically shrunk since the 2019 district council elections. Following the imposition of the National Security Law in 2020, over 60 organisations have been disbanded, including CSOs, political parties, trade unions and media outlets. Many organisations have relocated abroad, while others have adjusted the scope of their work to protect their members who remain in Hong Kong.

  It’s crucial that discussions are continued, the human rights situation is monitored and detailed reports are provided as steps towards restoring democratic freedoms in Hong Kong. We shouldn’t accept new repressive laws as the norm but instead stay vocal about any regressive legislation and rights violation.

  It’s important to keep speaking up for people in Hong Kong and human rights defenders in exile. For example, recently the Hong Kong national security police issued five arrest warrants offering HK$1 million (approx. US$ 128,000) bounties for exiled pro-democracy Hong Kong activists based in the UK and USA. We strongly condemn this illegal attack against our friends and colleagues. We urge governments to take a stand and protect Hong Kong human rights defenders within their jurisdictions.

  How is Hong Kong Watch working towards this end, and what international support do you need?

  We work to inform and educate legislators, policymakers and the media, as well as raise awareness among the wider public about violations of human rights, basic freedoms and the rule of law in Hong Kong. We advocate for actions to assist victims of rights violations through a combination of in-depth research reports, opinion editorials, monthly media briefings, interviews and advocacy campaigns.

  It’s crucial to hold Hong Kong and China accountable for their violations of international human rights law and urge them to fulfil their obligations. For instance, the 2022 review of the United Nations (UN) Human Rights Committee, tasked with monitoring compliance with the International Covenant on Civil and Political Rights (ICCPR), found that Hong Kong violated its international legal obligations and recommended that the authorities take tangible steps, with a clear timeline, to introduce universal suffrage and reform the electoral system in compliance with the ICCPR.

  We’re engaging in this effort through submissions to the Human Rights Committee and other treaty bodies, including the Committee on the Elimination of Discrimination against Women and the Committee on Economic, Social and Cultural Rights, as well as to the upcoming Universal Periodic Review at the UN Human Rights Council.

  We deeply appreciate the support we receive from governments, legislators, civil society and people worldwide. But we need more international solidarity, particularly at the governmental level, to pressure Hong Kong authorities to comply with their obligations under international law and ensure that other states refrain from conducting business as usual with Hong Kong, in view of the grave and systematic nature of human rights violations the current regime commits.

   

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

  Get in touch with Hong Kong Watch through itswebsite orFacebook page, and follow@hk_watch and@anoukwear onTwitter.

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

• INDIA: ‘Civil society efforts will be crucial to the quality of the elections’

  CIVICUS speaks with Anjali Bhardwaj, founding member of the Society for Citizen Vigilance Initiatives (Satark Nagrik Sangathan, SNS), about recent electoral reforms and civil society efforts to ensure the quality of India’s upcoming election.

  Established in 2003, SNS is a civil society organisation (CSO) working to promote government transparency and accountability and foster active citizen participation.

  What recent changes have been made to rules on campaign financing?

  On 15 February, the Supreme Court ruled the electoral bond system currently used to finance election campaigns unconstitutional. This is a positive change, with a potential to bring transparency to campaign financing.

  Introduced in 2018, the electoral bond scheme allowed people and organisations to buy designated bank bonds ranging from 1,000 to 10 million rupees (approx. US$12 to US$120,000) to donate to political campaigns in a completely anonymous way. When it introduced this system, the ruling Bhartiya Janata Party (BJP) presented it as a measure to combat corruption and increase transparency in political financing.

  Before the bond system was introduced, political parties could receive funds in cash or through the banking system, but large corporate donations were often made in cash. All cash donations below 20,000 rupees (approx. US$240) were anonymous under the Income Tax Act. So to hoodwink the system, parties often reported large cash donations as multiple donations of amounts smaller than 20,000 rupees.

  The electoral bond scheme was presented as a measure to increase transparency but the anonymity it ensured had the opposite effects. The opacity it enabled allowed single donors to provide unlimited funding. It hasn’t allowed people, CSOs, opposition political parties or even the Election Commission of India to track the flow of money in politics. It has compromised the public’s right to information, as voters are unable to discern the extent or sources of funding political parties receive. This limited people’s democratic right to make informed voting decisions.

  What was the reasoning behind the Supreme Court’s decision?

  The Supreme Court first addressed this issue as early as 2019, acknowledging the bond system’s potential harm to democracy but allowing it to continue while it analysed the substance of the case. But even back then, it emphasised the deepened information imbalance created by a system that allowed the ruling party to access information about donors and donations through the government-controlled bank while leaving opposition parties and the public in the dark.

  In its recent ruling, the Supreme Court stressed that electoral bonds infringe article 19 of the constitution because without the right to information in electoral matters, the rights to free speech and expression guaranteed by article 19 cannot be fully realised.

  Voters in India predominantly support parties, rather than individual candidates. When large corporations contribute generous funds to political parties, there is the presumption that they do so in the expectation of receiving favours in return once parties become part of governments. When favours are returned, policy is guided not by promises made to voters or by people’s needs but by the interests of funders. This is why funding transparency is crucial for informed voting. Without this information, voters cannot know what to expect when parties access government.

  Electoral bonds exacerbated corruption through anonymous funding that gave free rein to large corporations to influence policy. They also made the playing field even more uneven, as the BJP consistently received a substantial share of electoral bonds.

  The Supreme Court judgment declared the scheme and associated amendments unconstitutional, emphasising the importance of the right to information. The court prohibited further transactions and mandated disclosure of past transactions, marking a significant move towards restoring transparency and fairness in India’s electoral process.

  How has civic space evolved under Prime Minister Narendra Modi?

  Regrettably, since the beginning of the Modi government in 2014 we have seen a significant contraction of civic space, due to systematic attacks on the crucial right to dissent, a cornerstone of any democracy.

  The essence of democracy lies in people’s right to question those in power. But in India, this right has been under attack in three primary ways.

  First, those who express dissent, criticise government policies or challenge legislation are labelled as anti-national. The governments files legal cases against them, leveraging draconian laws, terror-related legislation and money laundering statutes to silence them.

  Second, the government has deliberately weakened the laws that empower citizens. The Indian Right to Information Act, lauded as one of the world’s most progressive, has been amended twice in the last five years. Regressive amendments have severely affected people’s right to access information and question the authorities. Similarly regressive amendments to other laws, such as the Representation of People Act and the Income Tax Act, along with the electoral bonds, have further curtailed people’s right to access vital information to hold the authorities to account.

  The government has also undermined the independence of institutions responsible for upholding fundamental rights, including the right to free expression and protest. This has eroded the constitutional protection people should enjoy when expressing dissent. Protesting and questioning the government have therefore become increasingly difficult.

  The cumulative effect of these developments has dealt a severe blow to civic space in India.

  Are there enough guarantees for a free and fair election?

  India has needed electoral reform long before the current administration. For decades civil society has advocated for changes to strengthen the electoral process. While India takes pride in conducting relatively free and fair elections, concerns over the quality of elections have increased over time.

  Civil society has repeatedly expressed alarm over issues including the influence of money over elections, the security and reliability of electronic voting machines and manipulation of the voter roll.

  Regarding the undue influence of money over elections and consequently over policymaking, electoral bonds have long been a matter of major concern. Civil society has also expressed apprehension about glitches in and tampering with electronic voting systems, prompting debate and ongoing legal challenges in the Supreme Court. Alarms were also sounded by recent elections that saw arbitrary deletions and additions to voter lists.

  Civil society continues to bring attention to these issues, urging authorities to find solutions. The resolution of these challenges is essential for India to genuinely claim it conducts free and fair elections.

  Who are the major contenders in the 2024 election, and what are the main issues the winner will need to tackle?

  India has numerous political parties that actively participate in elections. The BJP and its allies have successfully formed a government twice and are currently strong contenders to secure a third term in office. The opposition landscape includes the Indian National Congress, historically prevalent prior to the BJP’s rise. But there are many other national and regional parties that contribute to the diversity of the political spectrum.

  As a developing country, India, faces multifaceted challenges. Among the most significant are deep-seated socio-economic inequality and high incidence of poverty, with a small number of families holding a substantial portion of the country’s wealth and a substantial percentage of the population living below the poverty line. There is much need for policies to uplift those on the margins of society and reforms to the structures that perpetuate inequality.

  Equally crucial is the protection of civic freedoms, particularly for those who criticise the government, including through peaceful protests. Those who express dissent and demand accountability must be protected rather than criminalised.

  The next government should prioritise these issues, addressing inequalities and working to create an environment where citizens can freely express themselves and participate fully in the democratic process.

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

  Get in touch with the SCVI through itswebsite orFacebook page, and follow @sns_india on Twitter.

• INDIA: ‘The government is dealing with dissent in very concerning ways’

  CIVICUS speaks Sudha Bharadwaj, a lawyer and long-time human rights defender working for the rights of workers and Indigenous peoples in India.

  Sudha wasarrested and detained in August 2018 under the draconian Unlawful Activities Prevention Act and accused of having links with Maoist terrorist organisations. Alongside 15 other human rights defenders, she was further accused of conspiring to incite violence among the Dalit community. Despiteproof that incriminating evidence against them was planted,concerns expressed by United Nations (UN) experts about the arbitrary charges and UN calls to release political prisoners from crowded jails during the pandemic, requests for Sudha’s release, including on health grounds, were repeatedlyrejected. She was finallyreleased on bail in December 2021 after three years in detention.

  How did you get involved in human rights work?

  For the last 35 years I have been working in Chhattisgarh, an area in eastern India that is very rich in mineral resources. I began around 1986 as a trade unionist and worked with a legendary union leader, Shankar Guha Niyog, who was organising iron ore miners. Conditions were appalling. Workers were not unionised, working hours were long, wages were very paltry and even the very basic labour laws of our country were not being applied.

  I became a lawyer basically because my trade union needed one. I graduated in 2000, at the age of 40. I initially took up matters of our own union and later I shifted to work at the high court, where I realised contractual workers, farmers resisting land acquisition and Adivasi Indigenous groups resisting mining projects were forced to face very expensive corporate lawyers without any real legal assistance. They needed lawyers who understood them and who could devise legal strategies compatible with the tactics of their movements.

  I started a group of lawyers to provide legal aid to unions, farmers’ and village organisations, Adivasi communities, and civil society organisations (CSOs). Around this time, I became involved in the People’s Union for Civil Liberties (PUCL), one of the oldest human rights organisations in India. We dealt with various human rights issues, including attacks and harassment of minorities and the criminalisation of Dalits and Adivasis under false accusations of having links with armed Maoist groups, also called Naxals. We took up several cases in which security forces fired on villagers accused of being Naxalites. We were eventually able to prove that these were false accusations.

  I dealt with cases against big corporations, so I made powerful enemies. By taking up cases of Adivasis I also annoyed the government. In 2018 I was teaching a course at the national lawyer’s university in Delhi and that’s when I was arrested.

  Can you tell us about your experience in detention?

  Because the case was in Pune, I was initially sent to the women’s wing of the Yervada central jail, which is a prison for convicts. I was taken there with another activist, Shoma Sen. As soon as we were brought there, we experienced attacks on our dignity. We were asked to strip and squat. We were isolated: kept in separate cells, unable to communicate with other prisoners, led out into a yard for only half an hour a day. We were under constant surveillance.

  In the winter it was very cold. We spend most of the time reading, although we struggled to get books. Because the library was in the men’s side of the jail, only 25 books were brought at a time. We were allowed to keep only two or three with us in our cell. We also had issues with access to water and sometimes had to carry in buckets. Shoma struggled with severe arthritis. 

  Later on, the National Investigation Agency (NIA) took over our case, so we were moved to Byculla jail in Mumbai. This jail was extremely overcrowded, and we lacked any privacy. We would sleep right next to one another on coffin-sized strips of the floor which were allotted to us by the kamwali (staff) in charge of the barracks. There were also limited bathrooms to share.

  Social distancing was impossible, and during the second wave of the COVID-19 pandemic, many detainees got infected and were stuffed in a quarantine barrack. I did not become seriously sick but both Shoma and I requested medical bail due to underlying conditions. This was systematically denied.

  Due to the pandemic, we were totally cut off from the outside world and were not taken to the courts for about five or six months. Then PUCL and other groups requested the Bombay High Courts to authorise telephone calls and we were allowed to speak to our families for 10 minutes once a week. Our lawyers could talk to us by sending an email to the jail, and the jail would allow us to phone them back - for 10 minutes, twice a week. That’s how we were able to tell them about prison conditions. I also tried to help people around us who were old or sick to write petitions.

  How did you feel when you were finally granted bail, and what’s next?

  The bail order was issued on 1 December 2021. I felt extremely disappointed that other activists linked to the case were not released with me. My request for bail was accepted on technical grounds. I heard the NIA appealed to the Supreme Court to overturn my bail, but it was immediately dismissed.

  On 8 December I was taken to the court, given cash bail, and asked to produce sureties. When I came back to the jail, many detainees celebrated for me and gave me their requests. I was released the next day.

  The bail conditions have restricted me to Mumbai, which is not my city. Friends have been very helpful, but I don’t have a home or work here so I’m still trying to adjust to the situation. I would like to continue my practice on behalf of prisoners and trade unions. For now, I have to attend court hearings and check-in at the police station every two weeks.

  How have the conditions for activism in India changed while you were in jail?

  Even before I went to jail things were already challenging, but since I was released, I have seen increasing attacks against minorities, notably Muslims. There has been a rise in hate speech, which seems to be manufactured and copiously funded, especially on social media.

  The Citizenship Amendment Act (CAA), passed in December 2019, is discriminatory against minorities. There was a strong movement against the CAA law, in many places led by Muslim women, but this was shut down due to the pandemic.

  We are also seeing that many institutions that are supposed to be independent – such as the Election Commission and investigating agencies – are being manipulated by the government. There are even concerns about the independence of the National Human Rights Commission, which has failed to take a proactive role on many important issues. The undermining of these institutions will affect their roles in their future, even if the government changes.

  The government is dealing with dissent in very concerning ways. One clear example is the increasing surveillance of journalists, activists, and advocates. A lot of us involved in the case had our phones infected by Pegasus spyware. We have approached the Supreme Court-appointed Technical Committee looking into the use of Pegasus against Indian citizens and it has decided to request our phones from the NIA and undertake an inquiry.

  There are also concerns about the impacts of the Foreign Contribution (Regulation) Act (FCRA) on civil society. If you advocate for workers, Indigenous peoples or poor communities, your work is considered a political activity and you are barred from doing it. Larger CSOs with FCRA registration should be able to support smaller CSOs on the ground, but the government is depriving them of the ability of distributing funds to local grassroots groups and reaching out to real beneficiaries.

  Where do you see positive change coming from in India?

  One beacon of hope is the farmers’ movement. The opposition was against the farm bills proposed by the government, but it was unable to stop them. It was farmers themselves who stopped them, by standing their ground for almost one year in the heat, cold and rain. Thousands of criminal cases were brought against farmers, and they were smeared as terrorists. But they managed to hold their ground, build unity and push back. The key lesson here is that people must get organised.

  I think that if it hadn’t been for the pandemic, the anti-CAA law movement would have had similar results. Students are also an important force, but we are seeing them facing attacks to prevent them organising and speaking up. But they will find a way to continue their struggle.

  At a time when many internal mechanisms are failing us, international scrutiny and pressure are also key to improving the situation. There are international standards India cannot ignore. But of late, the Indian government has taken a problematic attitude towards UN bodies, including UN missions to Kashmir, and has gone as far as preventing people from speaking at or participating in international conferences. When UN Special Rapporteurs have made comments on human rights in India, the response has been dismissive and disparaging.

  The government often uses terrorism and national security as an excuse for all kinds of human rights abuses. It is important to put the spotlight on this and not let the government get away with it.

  Civic space inIndia is rated ‘repressed’ by theCIVICUS Monitor. 

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  Sudha was one of our #StandAsMyWitness faces. The campaign advocates for the release of Human Rights Defenders behind bars. In 2021, we welcomed the news of the release of three Human Rights Defenders -including Sudha-, and we continue to use our voices to call for the release of all other detained activists. Head to the official campaign page to read more about the current faces featured and join us in standing as their witnesses!

  

   

• INDONESIA: ‘We must become an example of successful societal resistance against the threat of autocratic rule’

  CIVICUS speaks about the upcoming general election in Indonesia with Muhammad Isnur, chairperson of the Indonesian Legal Aid Foundation (YLBHI) and Secretary of the Board of theHuman Rights Working Group.

  Founded in 1970, YLBHI is a human rights civil society organisation (CSO) that provides legal aid to excluded communities throughout Indonesia and engages in research, advocacy and empowerment initiatives. Every year the organisation receives at least 3,500 legal complaints and requests for assistance.

  What is at stake in the upcoming general election?

  The upcoming election will define Indonesia’s trajectory amidst a trend of growing authoritarianism. The incumbent government led by President Joko Widodo, known as Jokowi, is responsible for numerous human rights violations. It has targeted poor people through evictions and arrests, weakened anti-corruption efforts and criminalised civil society.

  Jokowi has expressed support for the presidential candidacy of Prabowo Subianto, who faces allegations of crimes against humanity, including abductions and enforced disappearances of activists during mass protests in 1998 that led to the downfall of the Suharto dictatorship. He was dismissed from the military but hasn’t faced accountability and his victims haven’t received reparations, and some remain missing. His victory would be the worst possible scenario for civil society.

  Jokowi has also undermined the rule of law to pave the way for his 36-year-old son, Gibran Rakabuming, to become a vice-presidential candidate. The controversial Constitutional Court ruling issued in October 2023 to grant him an exception to the legal minimum age of 40 to run for president or vice-president was delivered by Chief Justice Anwar Usman, who happens to be Jokowi’s brother-in-law. Gibran represents the interests of the Jokowi government and corrupt and authoritarian economic elites.

  If the ruling elite succeeds in arbitrarily extending its power, there is risk of a resurgence of the kind of authoritarian and oligarchical rule we saw during dictatorship from 1966 to 1998.

  Who are the other contenders, and what are their human rights records?

  The other candidates are Ganjar Pranowo and Mahfud MD of the Indonesian Democratic Party of Struggle, which has a long history of wielding power and currently holds the highest number of ministers in the government. Mahfud has defended the Jokowi government for many years and denied the gross human rights violations committed by Indonesian security forces against Indigenous Papuans.

  We’ve also documented numerous human rights violations in Central Java during Ganjar’s tenure as governor. In Kendeng, despite a court decision favourable to the local community opposed to the construction of a cement factory, Ganjar reissued an environmental permit for the construction to proceed. In Wadas, he facilitated the implementation of a mining project aligned with Jokowi’s agenda, disregarding opposition from the local community, which also faced extraordinary repression, including arrests and beatings by the police and disruptions of internet and electricity services.

  The third pair of candidates, Anies Baswedan and Muhaimin Iskandar, in contrast, position themselves as advocates for change. Anies has a social agenda focused on protecting poor people. But they receive support from parties that are integral to the existing power structure and have also backed laws that weakened labour rights and undermined the Corruption Eradication Commission.

  What are the prospects of the election being free and fair?

  The public is concerned about Jokowi’s numerous efforts to make the election unfree and unfair. First, although he later denied it, under the pretext of COVID-19 he planned to amend the constitution to stay for a third term. He then focused on building a political dynasty. He supported his son-in-law and his son to be elected as mayors in Medan and Surakarta. Civil society reports suggest the police and army played an influential role in their victories. Concern persists as Jokowi has signalled support for the Prabowo-Gibran pair and ordered his officials to back his son’s campaign, even though they are required to remain neutral.

  There are also significant concerns about potential fraud, which have prompted civil society to intensify efforts to establish an election monitoring system and set up monitoring mechanisms at polling stations. Civil society remains vigilant, scrutinising any statements, policies or threats that could undermine the integrity of the election.

  Civil society is joining forces to prevent the election of Prabowo. Online activists have created the Four Fingers Movement to urge voters to choose a different pair than Prabowo-Gibran.

  Surveys currently indicate that Prabowo could receive about 40 per cent of the vote. To force a runoff, it’s essential to prevent fraud and secure turnout. If nobody takes over half of the vote on 14 February, civil society and the public may unite around an alternative candidate to counter Prabowo in the runoff. But there are concerns about a potentially low turnout. The number of people choosing not to vote was already high in the previous election.

  What should be done to counter democratic decline in Indonesia?

  Democracy in Indonesia is being eroded by a government that disregards constitutional principles and the rule of law and instead uses laws as tools of power to suit its interests. Jokowi has reinstated the army and police in various public roles and issued presidential decrees and enacted policies to undermine other political parties and eliminate the opposition.

  A key symptom of democratic decline is repression of government critics, including journalists, activists, academics and others advocating for human rights. A revealing example is the case against activists Haris Azhar and Fatia Maulidiyanti, who faced criminal defamation charges for exposing state corruption and human rights violations in the Papua region. Human rights are being violated across Indonesia as communities are evicted under the pretext of investment or national development projects, and people who denounce this are systematically criminalised.

  But there are other issues that should be tackled to foster democracy in Indonesia. Indonesian political parties lack a clear ideological orientation and don’t represent public interests. Their position depends on their leadership and decisions are often made by a few. There is no internal democracy in political parties. The high costs of campaigning lead parties to rely on support from wealthy investors and businesspeople, undermining transparency and enabling corruption.

  To foster change, we should work toward democratising parties, making them more transparent and accountable. Efforts should be made to involve the public in the legislative process. Laws are sometimes passed within a week without any consultation with civil society. Referendums and other mechanisms should be explored to enhance public participation.

  The upcoming election has additional significance in the face of a global surge in authoritarianism. We must avoid following the path of the Philippines, where the son and daughter of two authoritarian dynasties succeeded in getting elected. We must unite in the face of authoritarianism and become an example of successful societal resistance against the threat of autocratic rule.

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  Civic space inIndonesiais rated ‘obstructed’by theCIVICUS Monitor.

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

• IRAN: ‘Mahsa Amini’s case was a spark in a flammable situation’

  CIVICUS speaks with Sohrab Razaghi, executive director of Volunteer Activists (VA), about the currentwomen-led protests, the state of civil society and the prospects for change in Iran.

  VA is an independent civil society organisation (CSO) based in the Netherlands, whose primary aims are building capacity among activists and CSOs, facilitating information exchange among civil society activists, community peacebuilding and advocating for the expansion of democracy and human rights in Iran and more generally in the Middle East. VA is the successor of a pioneer Iranian CSO, the Iranian Civil Society, Training and Research Centre, founded in 2001 and based in Tehran until 2007.

  What is the situation of Iranian civil society today?

  Civil society in Iran has become weaker over the past few years. Civic activism has grown but organised civil society has become weaker and has been marginalised. Following President Ebrahim Raisi’s ascent to power in 2021, civic space has shrunk dramatically. The establishment and operation of CSOs has been legally obstructed and any CSO not following the policies of Iranian authorities has been eliminated.

  Following significantteachers’ protests in May 2022 there was a major crackdown against the Iranian Teachers’ Trade Association and many of its leaders and activists were arrested. This was just one example of many.

  The ongoing crackdown follows a predictable sequence: first, the authorities exploit toxic narratives and disseminate false accusations to malign civil society and create internal conflict within civic movements. Then they repress the smaller remaining groups, arresting and detaining their leaders and activists.

  The authorities have attacked all institutions and organisations that are the expression of social power, eliminating the possibility of further organising. To fill up the space, they set up fake CSOs organised and led by government officials, often affiliated with the Iranian Revolutionary Guard Corps. These are often local, community-oriented organisations that involve local communities by approaching the mosques and charities that support them.

  What made the death of Mahsa Amini a turning point?

  Mahsa Amini’s case was a spark in a flammable situation. She was a young member of an ethnic minority who was visiting Tehran, was violently arrested by the morality police and died under custody. All these elements together made her case relatable for many Iranians. She was only 22 years old, a woman, a member of an ethnic minority and a Sunni Muslim, which is a religious minority in Iran. Many Iranians identify with at least one and possibly many of these elements of Mahsa’s identity and resent the policies aimed at suppressing them. As a result, large groups that feel discriminated against and suppressed mobilised.

  This happened in a context of high poverty and repression, with a government that acts with impunity because it knows it won’t be held accountable. For years, instead of trying to meet the needs of their citizens, the authorities have cracked down on all sorts of protests. With Raisi coming to power, any hope for change was gone.

  In what ways have these protests been different from previous ones?

  The current protests are very different from previous ones, including recent protests that took place in2017 and2019. First, protesters are mostly between 15 and 25 years old. This is possibly their first engagement in a civic movement. They have grown up in the digital world and are using in the real world what they learned playing video games – only that in the real world, there is no respawning! So many are getting killed.

  Second, protesters are primarily women and students. And some of their acts of protest, such as female protesters burning headscarves and cutting their hair, are unprecedented. Their demands are also different from those of previous civic movements. Whereas in 2017 and 2019 demands were mostly economic, now they are cultural: their main demand is for freedom to lead a different lifestyle than the authorities allow them to have. The shout ‘Women, Life, Liberty’ has become a protest cry and a slogan of solidarity both inside Iran and internationally.

  Third, support from Iranians in the diaspora and media coverage have both drastically increased. This time the events have received major media coverage since the outset, with the protests on front pages all over the world. For the first time, on 23 October, 80,000 Iranians from the diaspora gathered in Berlin to support protesters and demonstrate against the Iranian regime. This support is unprecedented. 

  Finally, public discourse about the protests has shifted. In the past, dominant discourse highlighted the non-violent character of the protests, but this time there have been calls for retaliation and to use violence to defend the protests. Violence is no longer taboo: some elites and influencers inside and outside Iran are advocating for it. This is extremely concerning, considering that it may legitimise violence by the Iranian authorities, which could resort to even more violence in response.

  How has the government cracked down on the protests, and why have protests continued regardless?

  The government has used multiple tactics. First, it deploys riot police and security forces that use violence to physically prevent and dissolve protests. As a result, over 7,000 protesters have been arrested, many have been beaten and over 200 have been killed. Second, it has restricted internet access for over four weeks now, limiting the free exchange of information while increasing the circulation of disinformation and official propaganda. Third, it has used the same narrative tactics it normally uses against civil society, linking the protests to foreign intelligence forces.

  The government’s reaction has been as repressive as towards previous movements. However, these protesters are more resilient, so the crackdown has not been as effective as previous ones. Two sources of this resilience are decentralisation and spontaneity: protests are held locally rather than in a central place, and they are not centrally organised – they are organised by small groups and happen rather spontaneously during the day or night at random hours, with protesters quickly dispersing afterwards.

  Additionally, the fact that there are so many children and young students among protesters has somewhat limited the violence. Many children and adolescents have been killed, but the death toll would likely have been much higher had they not been among protesters. And many of these young people are students, therefore part of the middle class – which means there is a cultural middle class that continues to support the protests.

  What is the likelihood of these protests leading to change?

  We can identify five possible scenarios – and only one of them leads to regime change.

  In the first scenario, the crackdown succeeds and protests end. This would result in widespread hopelessness and disappointment.

  In the second, the authorities make concessions and the mandatory hijab rules are repealed. This would lead to the recognition of some limited freedoms, but not to regime change.

  In the third, neither the authorities nor the protesters prevail, leading to continuing violence and bloody conflict. Protesters go into an armed offensive and the situation escalates into a civil war-like situation.

  In the fourth, military groups seize power and suppress both protesters and established authorities to pursue their own goals.

  In the fifth scenario, mass mobilisation leads to regime change.

  What happens will depend on the capacity of protesters – the resources they can gather, the groups they can bring together, the leadership they build and the collective narrative they produce out of compelling personal stories – and international influences and pressures.

  In the current situation, scenarios one to three are the most likely. The movement has not entered a revolutionary stage. There are not massive gaps in the regime – neither in its repressive machinery nor in its will to crack down on protests. And the protests have not been massive nor widely representative of the make-up of society. We have not seen hundreds of thousands or even tens of thousands on the streets, and we have not seen protests by various ethnic or religious minorities, and by different social classes. Strikes are typically the heart of social movement action in Iran, and we have not yet seen strikes by major branches and sectors of the economy.

  What can women’s rights supporters and democracy activists from around the world do to support civil society in Iran?

  International civil society as a collective should be more vocal. We need a unified collective of civil society echoing the voices of Iranian activists and advocates for democracy and human rights in Iran. In addition, actions of solidarity are needed as well as networks to exchange knowledge, experience and skills so Iranian activists can learn from civic movements internationally and be more effective.

  Regarding the immediate response, there are various needs, such as juvenile justice support, including legal support, wellbeing and mental health support, as well as training and awareness raising on civic activism in Iran.

  The main goal should be to support Iranian protesters and activists so their voice is heard and the crackdown does not succeed, while supporting the victims of the crackdown. International pressure is instrumental, not only from governments but also from civil society as a change leader. A close connection between international civil society, Iranian activists in diaspora, Iranian civil society and the media is also essential.

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

  Get in touch with Volunteer Activists through itswebsite.

• IRAN: ‘Mahsa’s death highlights the struggle women must face just to go about their daily lives’

  CIVICUS speaks with Kylie Moore-Gilbert about thecurrent women-led protests in Iran, sparked by Mahsa Amini’s death in the custody of the so-called ‘morality police’.

  Kylie is a British-Australian women’s rights advocate and academic specialising in Islamic studies. She has extensively researched political issues in the Middle East, including the ‘Arab Spring’. In 2018 she was falsely charged with espionage and remained in prison in Iran for more than two years before being released in a prisoner exchange deal negotiated by the Australian government. She speaks about this experience in a recently published book,The Uncaged Sky: My 804 days in an Iranian prison.

  What are the demands of the protesters currently mobilised in Iran?

  In contrast to previous outbreaks of protest and civil unrest in Iran, from the very first day the current protesters adopted slogans calling for the fall of the Islamic Republic regime. Their slogans include ‘Death to Khamenei’, the Supreme Leader, ‘Down with the dictator’ and ‘No to the Islamic Republic’.

  While the trigger for the unrest was the senseless death of Mahsa Amini at the hands of the morality police, the issue of forced hijab and the harassment of women by regime officials due to their clothing and behaviour has become a symbol of the protesters’ desire to remove this regime altogether. Protesters are demanding freedom, equality between women and men and an end to the tyranny imposed on them by Iran’s regime of ageing clerics.

  The protests are happening countrywide and have involved Persian and ethnic-minority communities, irrespective of language, religion or class. To further their demands, protesters are using overwhelmingly peaceful tactics, such as rallies and marches, organised hijab-burnings and hair-cuttings, and general strikes.

  How have the authorities responded to the protests so far?

  The protests have faced a rolling crackdown since their inception. Many protesters, including several young teenagers, have been shot dead in the streets by security forces. Thousands have been rounded up and arrested. Sharif University of Technology was besieged for several days, with its students rounded up, beaten and imprisoned.

  The regime has cut off internet access to most of the country in a bid to contain protests. This is why it is so important for the international community to keep up the pressure on Iran and continue to shine a light on its human rights abuses. It must help prevent a massacre of innocent protesters and hold the regime to account for its crimes.

  Has Amini’s case helped reveal underlying women’s rights issues?

  Yes, most definitely. One reason why Amini’s arrest and murder touched such a nerve in Iran is that nearly all Iranian women, and many men too, have had similar encounters with the morality police at some point in their lives. What happened to Mahsa could have happened to any one of them.

  Mahsa’s death highlights the struggle women in Iran must face just to go about their daily lives. Women are routinely harassed in public by regime officials and pro-regime sympathisers for ‘bad hijab’ and are even banned from singing and dancing, hugging or touching men who are not their relatives, among too many other things. Many Iranian women are tired of the constant policing of their appearance and behaviour. They want to be free to get on with their lives as they see fit.

  What needs to change for women’s rights to gain recognition in Iran?

  For women’s rights to be recognised, the regime would have to change. I do not believe the Iranian government is capable of reforming itself. Forced hijab and discriminatory laws against women are a core pillar of the regime’s ideology. If it granted women equal rights, it would cease to exist.

  My hope is that the protests will make a difference well beyond women’s rights. As the protests are now entering their third week, my hope is that they will eventually lead to the downfall of the regime altogether. Iranians deserve a democratic government that respects gender equality and freedom of speech and is truly representative of the will of the people.

  What kind of assistance does Iranian civil society need from the international community?

  Iranian civil society desperately needs its voices to be amplified internationally and for attention to continue to be focused on what is happening inside Iran. The full glare of international media and foreign governments will act as something of a brake on the worst excesses of the regime’s crackdown.

  The international community could also assist in trying to keep Iran’s internet functioning, so protesters can communicate with one another and get news, photos and videos out of Iran so the world knows what is happening there.

  Foreign governments could also impose sanctions on Iranian officials responsible for the crackdown and other human rights abuses, and should cease all negotiations with Iran over sanctions relief and unfreezing Iranian assets abroad.

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

  Follow @KMooreGilbert on Twitter.

• IRAN: ‘The regime is executing protesters to create fear and suppress any attempt at new mobilisation’

  CIVICUS speaks aboutthe ongoing wave of executions in Iranwith Asal Abasian, an Iranian journalist and queer feminist activist. After receiving serious threats, Asal fled Iran for Turkey in 2021. They’re currently based in Paris, France.

  How has repression escalated since the 2022 protests?

  Repression by the regime of the Islamic Republic has escalated with executions of protesters, aimed at creating fear to suppress any attempt at new mobilisations such as the Woman, Life, Freedom nationwide protests triggered by Mahsa Amini’s death.

  Recently, four young Kurds from the western provinces of Iran were hanged on unproven charges of cooperation with the Komala Party of Iranian Kurdistan. Their families demanded a pardon until the last moment, but their requests went unheard.

  The Islamic Republic has always been at odds with ethnic minorities. Forty-five years since the Islamic Revolution, this conflict is as alive as on the first day. If anything, it has become worse.

  Of course, the death threat that comes with ramping up executions is not directed only at ethnic minorities. Every excluded group in Iran is under threat. The regime founded after the 1979 Islamic revolution was grounded on the aim of protecting the interests of Shia Muslim men. This means that everyone except Shia Muslim men is oppressed by design. This includes all women and LGBTQI+ people and sexual minorities, children and religious and ethnic minorities.

  Throughout 45 years there have been several spikes in executions of people from minority groups as well as political activists opposing the Islamic Republic. This trend has been ongoing from the onset, and it was even worse at the beginning. In the first decade of the Islamic Republic thousands of young dissidents were secretly executed or shot.

  On top of this, ethnic and religious minorities such as Bahais, Balochs, Kurds and Sunni Arabs experience daily discrimination and marginalisation, which sometimes cost people their lives.

  Additionally, the regime of the Islamic Republic supports Hamas and other terrorist Islamic groups and has no qualms about it. It laments the killing of children in Gaza while it has killed so many during the protests that erupted in Iran in September 2022. But ideologies shouldn’t matter: the massacre of children by any regime or group is a despicable act.

  Is there any space for civil society to operate in Iran?

  Young people in Iran continue resisting, despite the severe economic pressure and the suppression of activism. Even if this involves making sacrifices in their careers, education or social lives, young women continue defying the mandatory hijab. Nationwide protests may have decreased, but young people continue resisting the arbitrary and inhumane laws of the Islamic Republic.

  The struggle continues under the surface. Although the Islamic Republic and its Islamic Revolutionary Guard Corps severely suppress any attempt at a protest, people have not stopped fighting. The fact that they continue embracing civil resistance despite the potentially serious costs is very encouraging.

  Many of our fighters, whom I would like to mention, are in Tehran’s Evin prison with long sentences. Sarvenaz Ahmadi, Anisha Asadollahi, Keyvan Mohtadi, Sepideh Rashnu, Nasim Soltanbeygi and many others are in the frontlines of this struggle, spending the years of their youth in prison. And what cost would be higher than paying with years of your life?

  I try to support their struggle by raising awareness on international platforms and amplifying their voices. But the main struggle is being carried on by young Iranians in Iran. From afar, we can only admire their struggles and broadcast them to the world.

  How has the international community reacted to the escalation of repression in Iran?

  Unfortunately, the international community has maintained a shameful silence and indifference. As people were being executed, the 2023 Nobel Peace Prize winner, Narges Mohammadi, and several other civil activists wrote to the United Nations (UN) on the human rights crisis that Iranians face. And still, UN Deputy High Commissioner for Human Rights Nada Al-Nashif recently travelled to Iran despite activists warning that this could be used as propaganda by the government.

  The Iranian people will not forget the indifference and self-interest of the international community. This is as much of a historical disgrace as the silence in the face of the crimes that are being committed in Gaza.

  Many members of the international community are perhaps more involved in domestic and regional interests, and it seems that, contrary to their proclaimed slogans, they are not really concerned about genocide, the killing of children and people’s oppression. This is very unfortunate.

  We neither forgive nor forget.

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

  Follow Asal onInstagram orTwitter.

• IRAN: ‘The regime uses executions to maintain its grip on power through fear and intimidation’

  

  CIVICUS speaks with Jasmin Ramsey, Deputy Director of the Center for Human Rights in Iran (CHRI), about the ongoing wave of executions as part of the Iranian regime’s effort to suppress dissent and discourage further protests.

  Founded in 2008, CHRI is an independent civil society organisation that works to protect and promote human rights in Iran. Headquartered in New York, it researches and documents human rights violations throughout Iran, and provides governments, the United Nations, think tanks, global media and research centres around the world with detailed information, analysis and policy recommendations. CHRI’s approach is strictly nonpartisan, operating within the framework of international human rights law.

  What has led to the current wave of executions in Iran?

  Executions in Iran are not just a pillar of the founding of the Islamic Republic, but a ruthless tool wielded by the regime to maintain its grip on power through fear and intimidation. Although the vast majority of the more than 834 people who were hanged in Iran in 2023 were accused of drug offences or other non-political activities, the increase in executions after the protests, and the growing number of political prisoners among those executed in recent years, underscore the regime’s desperation to crush dissent. It is determined to prevent the emergence of another grassroots movement such as the Woman, Life, Freedom protests triggered by the September 2022 killing of Mahsa Amini at the hands of the morality police.

  This wave of state-sanctioned killings has galvanised civil society to unite in condemnation. Women prisoners of conscience, in particular, have shown remarkable resilience, leading calls against the death penalty among Iranian civil society through joint statements and hunger strikes.

  Iranian civil society is uniting to demand not just a cessation of executions, but the abolition of the death penalty. No matter how much the regime uses force and violence, it has failed to quell the desire for fundamental and systemic change in Iran. At every turn, society is pushing back against state policies that are repressive and discordant with the desires and beliefs of much of the population.

  Alongside increasing executions, how else has the regime reacted to the protests?

  Repression in various forms has escalated significantly since the emergence of the Woman, Life, Freedom movement in 2022, manifesting in various forms such as increased arrests and detentions of peaceful activists and family members seeking justice for victims of state violence.

  The government is also pushing for a law to impose harsher penalties on women appearing in public without the mandated hijab. This proposed law burdens citizens, encourages vigilante violence and increases women’s vulnerability to abuse through increased surveillance and state security forces deployed on the streets.

  Is there any space for civil society in Iran?

  While technically there might some room for civil society to operate in Iran, as established in legislation, the reality is starkly different. Article 27 of Iran’s constitution allows for public gatherings and marches under some conditions, but protests critical of the state are swiftly suppressed, often with violence. Fundamental rights such as freedoms of speech, expression and the press are severely curtailed, and peaceful activism is often treated as a threat to national security.

  Despite these challenges, activists and citizens persist in reclaiming their rights, using a variety of methods such as social media posts, prison letters and acts of civil disobedience, like women defying the state’s forced hijab law by walking the streets unveiled. Despite facing repression and economic hardships exacerbated by governmental corruption and sanctions, their determination remains strong.

  I am grateful to be doing this work in a place of safety, where, at least for now, I am shielded from the dangers faced by activists in Iran. I consider myself fortunate to learn from the courageous Iranians, especially women, who persist and resist despite immense risks. CHRI’s mission is to amplify their voices and advocate for civil society’s demands internationally, a task that comes with its own set of challenges. However, these challenges pale in comparison to the dangers faced by those on the frontlines in Iran.

  What should international allies do to support the struggle for freedoms in Iran?

  During the initial surge of the Woman, Life, Freedom movement, there was a heightened international focus on the events unfolding in Iran. This sparked hope for more substantial action from governments with influence over the Islamic Republic. At that time, we outlined steps for the international community to pressure Iran to cease its violent crackdown on protests.

  Among our recommendations, we emphasised the need for governments that have diplomatic relations with the Islamic Republic to recall their ambassadors in protest against the killing of protesters and hanging of prisoners. We asked them to summon Iran’s diplomats to communicate directly their outrage and warn that further costs and isolation would ensue unless the Iranian authorities halted executions, annulled death sentences, ceased torture under custody, released prisoners and respected due process for those accused.

  We urged the international community to designate the Islamic Revolutionary Guard Corps as a terrorist organisation and impose or expand human rights sanctions against Iranian officials and entities associated with rights violations and freeze the assets of officials who violated human rights, including Supreme Leader Ayatollah Ali Khamenei, and many more.

  We also asked parliamentarians around the world to sponsor individual political prisoners, particularly those facing execution, to publicise their cases and the unjust nature of their prosecution or sentences and publicly demand their safety and release, both on the international stage and directly with Iranian ambassadors and other Islamic Republic officials.

  Additionally, we urged states to suspend negotiations over Iran’s nuclear deal, which could provide increased revenue to the Iranian state and therefore increase its repressive capacity. We demanded it be expelled for multilateral bodies and various international platforms and associations, particularly those whose principles it blatantly violates. We also asked governments to support the United Nations (UN) Fact-Finding Mission on Iran and assist those fleeing Islamic Republic persecution, and asked tech companies to support safe digital communications for the Iranian people.

  This roadmap remains relevant today. It is crucial for international allies to rally behind the UN’s independent international Fact-Finding Mission, tasked with investigating atrocities committed by the regime since the onset of the violent repression of the protests in September 2022. As the Fact-Finding Mission presents its first report to the UN Human Rights Council in mid-March, a united, multilateral approach to supporting its mandate is essential for holding the Iranian government accountable and advancing the struggle for justice and human rights in Iran.

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

  Get in touch with CHRI through itswebsite orFacebook page, and follow@ICHRI onTwitter and@centerforhumanrights onInstagram.

• IRAN: ‘The severity of the crackdown only shows how scared the regime is of the protest movement’

  CIVICUS speaks with Sohrab Razaghi, executive director of Volunteer Activists (VA), about the situation in Iran on the anniversary of the anti-regime protests sparked by the death of Mahsa Amini at the hands of morality police.

  VA is an independent civil society organisation (CSO) based in the Netherlands, whose primary aims are building capacity among activists and CSOs, facilitating information exchange among civil society activists, community peacebuilding and advocating for the expansion of democracy and human rights in Iran and more generally in the Middle East. VA is the successor of a pioneer Iranian CSO, the Iranian Civil Society, Training and Research Centre, founded in 2001 and based in Tehran until 2007.

  What is the situation in Iran one year on from the start of the protest wave?

  The situation in Iran is complex. While last year’s massive protests made people hope for change, the crackdown on the protests caused hopelessness. The authorities were mostly able to suppress the protests and regain control of the streets, forcing people back into their homes.

  Moreover, while the ‘Women, Life, Freedom’ protest movement had an appealing chant and vision, it lacked a long-term plan that could lead to change. Over the past year, it has been unable to translate its slogan into a political programme and was therefore unable to mobilise other social and political forces around its goals.

  But despite the authorities’ success in regaining control, we have continued to see acts of civil disobedience across Iran. Activists, artists and academics express themselves through social media and make public displays of protest not wearing hijab. The fact that the voices of protesters have not been silenced sustains hope for change.

  A concerning development, however, is the increasing gap between established civil society and the protest movement. CSOs were hesitant to participate in the protests when they began, and this gap has only increased since. There is even a lack of a common vocabulary in calling for mobilisation and articulating demands. Established CSOs disagree with what they view as radical moves by the protest movement, as they have a more conservative view of society and the future. A possible explanation for this divergence may be the generation gap, as the protest movement is formed by much younger activists.

  To reassert control, the authorities have imposed stricter control over media, universities, unions and other associations. In essence, civic space has shrunk dramatically over the past year, with the authorities purging most sectors of everyone who disagrees with them.

  Internationally there was a huge wave of support for the protest movement from governments, civil society and media, particularly early on. This was extremely helpful for echoing the voices of Iranian protesters and pressuring the authorities to meet their demands. But as the authorities regained control of the streets, we have seen a change in the approach of western governments. They are returning to diplomacy and negotiations with Iran, slowly normalising their relations. This has boosted the Iranian regime’s confidence, re-legitimising it and giving it space to spread its propaganda.

  What tactics has the government used to limit further mobilisation?

  The number one tactic of the regime to crack down on protests has been to arrest protesters. Over the past year, thousands have been arrested, including over 20,000 who were arrested during the protests. Some have been given long jail sentences.

  The second tactic has been the prevention of organising and networking. Even small communities have been actively prevented from getting together. Online networking has been limited by censorship, filtering and hacking. Leaders and activists trying to establish any form of group are arrested and their work is disrupted. They threaten activists with jail and even death. They also target their personal life by demanding that they be fired or suspended from work or university. Many teachers and professors who supported the protest movement have been fired and students expelled.

  To reach those who may not have joined the protest yet, the authorities spread propaganda, fake news and conspiracy theories that delegitimise the protest movement. Some communities fear the protest movement as a result.

  To prevent the development of a political alternative to the regime, the authorities have targeted the opposition within and outside Iran. Their main aim seems to be to sow division among opposition groups and force them to deal with issues internal to the opposition movement instead of focusing on developing an alternative coalition. Iranian cyber forces have supported these efforts through hacking and social media manipulation.

  What forms has resistance taken in response?

  Iranian activists have pursued two strategies in response. First, the protest movement sought to widen its scope to increase its resilience. By mobilising excluded ethnic groups such as Baloch and Kurdish people, the protest movement expanded to more cities and communities, making the crackdown more difficult. Second, the protest movement tried to stay on the streets for as long as possible, hoping to create division among crackdown forces.

  Internationally, the movement’s main strategy was to try to isolate the regime by forcing the severance of as many diplomatic connections as possible. For example, it successfully advocated for Iran to be removed from the United Nations Commission on the Status of Women and it also sought to force the closure of Iranian embassies in western states.

  How have Iranian organisations from the diaspora or in exile supported the protest movement in Iran?

  We have observed two phases in the involvement of the diaspora and exiled Iranian organisations in the protest movement. In the first phase, they organised large-scale solidarity mobilisations and projects in support of the ‘Women, Life, Freedom’ protests in Iran. Over 80,000 Iranians from the diaspora participated in the solidarity protest in Berlin in Germany, for example.

  After this initial phase, however, each political group in exile tried to present itself as the leader of the protest movement. This broke the solidarity and unity of the movement. Instead of fighting against the regime, some diaspora groups mostly fought each other. Independent activists and organisations in the diaspora that didn’t want to be caught in this fight decreased their involvement. For the protest movement to succeed, opposition groups and political movements need to get better at resolving their conflicts, reaching compromises and building a unified anti-regime coalition.

  Has the crackdown intensified as the first anniversary approaches?

  Civil society activists have continued to be arrested and organisations put under pressure and shut down. But as the first anniversary approaches, we are seeing repression increase, particularly in universities and among journalists. Universities have recently fired more lecturers and professors and expelled more students who participated in last year’s protests. Student associations have been shut down long ago and any form of student organising is banned.

  Journalists are also being heavily repressed. The authorities are disrupting reporting and coverage of protest actions and calls for protests around 16 September. They are threatening and arresting journalists, prosecuting them and handing them heavy sentences.

  Independent lawyers, who have been instrumental in supporting arrested and imprisoned activists, are also being threatened. Lawyers have played key roles in defending activists in court and spreading information about their trials, informing the public on the authorities’ repression. As a result, they are being threatened with losing their licences or being arrested.

  Is Iran closer to change now than a year ago?

  I think we are multiple steps closer to change than before. Iranians are less scared of the consequences of their activism. They dare to take action against the regime. The voice of protest is louder and the severity of the crackdown only shows how scared the regime is of the protest movement. The regime understands it won’t be easy to shut down this protest movement, which threatens the legitimacy and therefore the existence of the regime.

  We also see a major lifestyle change. People on the streets are now dressed differently and are less afraid of showing their lifestyle in public. Although political change is minimal, cultural change following last year’s protests is clearly visible. This change shouldn’t be underestimated.

  What needs to happen for political change to take place?

  Iranians need to realise the power of being together. Change comes from power, and power comes from organising and acting together. To bring about change, we need social power and to create social power, organising is essential. By forming associations, organisations and networks, Iranians can demand and achieve change.

  For this to happen, three types of changes are required. First is a change in attitude. Iranian activists need to think positively and constructively instead of negatively and destructively. Second is a change in behaviour. We will only achieve democracy if we also act democratically and use democratic tools. This means avoiding any form of violence and understanding that democracy does not rise from bloodshed and fire. Third is a change in context. It is key to empower society to say no and resist the regime.

  The international community could support change by helping to increase the resilience of the social movement and its activists, both online and offline. The pursuit of meaningful and sustainable change is a marathon and it’s instrumental to echo the voices of activists and provide sustainable support. A coalition of international civil society organisations could help by providing strategic support to Iranian activists.

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

  Get in touch with Volunteer Activists through itswebsite.

• JORDAN: ‘Commercial spyware that enables digital repression and abuse must be completely banned’

  CIVICUS speaks with Access Now about their forensic investigation that exposed the use of Pegasus spyware to target activists and journalists in Jordan. Access Now is an international civil society organisation that works to defend and extend the digital rights of people and communities at risk.

  

  What restrictions do Jordanian journalists and activists face?

  Over the past four years, the Jordanian government has dialled up its crackdown on the rights to freedom of association, expression and peaceful assembly. Journalists, human rights defenders, labour unions and activists are routinely harassed, detained and prosecuted under vague and draconian laws. In late 2022 and throughout 2023, several lawyers, journalists and activists were arrested in connection with protests or for their social media posts.

  Repression has deepened as a result of the new cybercrime law adopted in August 2023. This law threatens online freedom of expression on the basis of ambiguous and overly broad provisions about ‘spreading fake news’, ‘promoting, instigating, aiding or inciting immorality’, ‘online assassination of personality’, ‘provoking strife’ and ‘undermining national unity’. The law is now being weaponised to quash pro-Palestinian protests and activism in Jordan. Since 7 October 2023, hundreds of protesters expressing solidarity with Palestinians in Gaza have been detained and many others prosecuted under this draconian law.

  Our recent forensic investigation into the use of NSO Group’s Pegasus spyware in Jordan has revealed an additional layer of repression, with at least 35 people being targeted for no reason other than their peaceful political dissent and human rights advocacy.

  How’s spyware used, and who’s using it?

  In January 2022, Access Now and Front Line Defenders revealed that Pegasus spyware had been used to hack prominent Jordanian human rights lawyer Hala Ahed. Hala was hacked in March 2021, and it was an isolating and traumatic experience for her. Access Now then joined Citizen Lab to further investigate the use of Pegasus spyware in Jordan.

  Our joint forensic investigation uncovered a terrifyingly widespread use of Pegasus to target Jordanian media and civil society. We found traces of Pegasus spyware on the mobile devices of 30 activists, journalists, lawyers and civil society members. Further forensic analysis by our partners Human Rights Watch, Amnesty International’s Security Lab and the Organized Crime and Corruption Reporting Project identified five more Pegasus victims, bringing the total to 35.

  This is the largest pool of Pegasus victims uncovered in Jordan so far, but we believe actual numbers are much higher. We don’t know exactly who is behind these attacks because spyware manufacturers such as NSO Group make the identification of perpetrators of cyberattacks very hard.

  The NSO Group blatantly claims its surveillance technologies are crucial for governments to fight crime and terrorism. Conveniently, this is the same pretext used by dictators and repressive regimes to criminalise the work of journalists and activists and prosecute them under draconian counterterrorism and cybercrime laws. It’s a match made in hell, as a result of which activists and journalists are hacked, prosecuted, jailed, tortured and killed merely for exercising their rights or doing their job.

  What can activists and journalists do to protect themselves?

  Unfortunately, given their stealthy nature, there’s no bulletproof protection against spyware attacks. Zero click spyware doesn’t require any interaction between the software and the user of the hacked device. It basically exploits a vulnerability in the device’s software to infect it without the user’s knowledge.

  Still, there are some basic protection measures everyone should implement. For example, every time a vulnerability is discovered, Apple patches it, which means it’s important for users to ensure their device’s operating system is always up to date, otherwise the patch won’t apply. Activists can also enable the Lockdown Mode feature on their Apple devices, which seems to be helping protect at-risk users.

  How does Access Now hold governments and companies accountable?

  For years, Access Now and broader civil society have been campaigning for a global moratorium on the export, sale, transfer, servicing and use of targeted digital surveillance technologies until rigorous human rights safeguards are put in place. Commercial spyware that enables digital repression and abuse worldwide, such as Pegasus, must be completely banned. We are not there yet, but this is our baseline to rein in the surveillance tech industry.

  There have been some positive steps toward holding spyware companies accountable. For instance, a number of Israeli spyware outfits including NSO Group, Candiru and four Intellexa entities were added to a list of the US Department of Commerce that includes entities engaging in activities contrary to the USA’s national security or foreign policy interests. The latest addition to the list was the Canada-based firm Sandvine, blacklisted for enabling digital repression in Egypt. In February 2024, the US State Department also announced a new visa sanctions policy that will deny visas to anyone involved in, facilitating or deriving financial benefit from the misuse of commercial spyware around the world.

  Civil society plays a vital role in exposing how these shady companies profit from facilitating human rights abuses around the world and demanding accountability for violations and reparation to spyware victims. Its continued work is key to holding governments and spyware companies accountable.

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

  Get in touch with Access Now through itswebsite orFacebook andInstagram pages, and follow@accessnow on Twitter.

• KOSOVO: ‘Civil society has done most of the effort when it comes to dealing with our recent history’

  CIVICUS speaks about intensifying inter-ethnic violence in north Kosovo and civil society’s ongoing peacebuilding efforts withBjeshkë Guri, coordinator of the ‘Dealing with the Past’ programme atYouth Initiative for Human Rights Kosovo (YIHR-KS). Founded in 2004, YIHR-KS is a civil society organisation (CSO) workingto protect and promote human rights and democratic values with a focus on transitional justice and strengthening the role of young people at the local and regional levels.

  What’s the current security and human rights situation in Kosovo?

  The security and human rights situation in Kosovo is complex and multi-faceted. While Kosovo’s Constitution ensures robust human rights protection and incorporates several international human rights mechanisms into its legal framework, inconsistent law implementation creates a fertile ground for rights violations to flourish. Unfortunately, violations persist across many domains, with discrimination and violence against women, LGBTQI+ people, children and non-majority communities being prevalent issues.

  In recent years, ethnic violence has increased in north Kosovo, triggered by the implementation of ID and licence plate regulations in 2022. These policies increased tension and ultimately led to Kosovo-Serbs resigning from public institutions and boycotting local elections. Violent clashes were reported in north Kosovo between Kosovo-Albanian police factions and peacekeeping soldiers on one side and Kosovar Serbs on the other. On 24 September, an attack unfolded at Banjska Monastery involving around 30 armed people from Serbia and the Kosovo-Serb community. The incident resulted in a fatal shootout that killed one Kosovar police officer and three attackers. This has heightened tensions further and created a fragile political and diplomatic situation between Kosovo and Serbia.

  Political leaders, driven by nationalist propaganda, foster social divisions between two ethnic groups. The risk of secession in north Kosovo, if not properly addressed, would pose a precedent for other separatist conflicts and cause destabilisation in the whole Balkan region. Russia’s war against Ukraine has changed the geopolitical landscape and the stability paradigm in Europe. This created an even greater need to extinguish local conflicts and prevent their recurrence, particularly between Kosovo and Serbia.

  What should be done to normalise relations between Kosovo and Serbia?

  Serbia’s non-recognition of Kosovo’s independence since 2008 has created obstacles against normalising relations between the two states and induced an economic blockade as well as presenting international diplomatic challenges. The normalisation of relations requires a process of social change alongside the implementation of agreements and resolution of underlying problems, such as the establishment of an association of Serb-majority municipalities and the enhancement of institutional functionality in north Kosovo as well as the recognition of Kosovo’s sovereignty by Serbia.

  Civil society on both sides constantly works to improve the situation through a range of initiatives, including continuous support in the negotiation process. However, deteriorating political relations are exacerbating public tensions. As a result, CSOs in Kosovo have difficulties in engaging with communities that are predominantly Kosovo-Serbian.

  What are relations between the Kosovo-Albanian and Kosovo-Serbian communities like?

  The war in Kosovo claimed thousands of lives and destroyed the social fabric, replacing it with hatred and isolation. The rupture in communication between most Kosovo-Albanians and Kosovo-Serbs has made the two communities closed and isolated, seeing each other as enemies. Children are often brought up in fear and unaware of the wider context and problems shared by all communities in Kosovo. The influence of media, nationalist organisations and an aggressive environment pressure young people to take sides and view ‘the other’ as the cause of all problems. Ignorance about each other is the source of the prejudices and hostility that persist to this day.

  An important factor lies with the education system. Various nationalist narratives are perpetuated through history books, as evidenced by an analysis we conducted in 2017. Kosovo-Serb young people learn from history books produced by the Serbian government, which barely mention the Kosovo             War and portray Serbian people as the main victims. Xenophobic language has created isolation, prejudice, lack of trust and a feeling of insecurity in both communities.

  How is YIHR-KS working toward reconciliation and peacebuilding in Kosovo?

  Compared to political institutions, Kosovar CSOs have done most of the effort when it comes to dealing with our recent history. Over the years, the Kosovo government initiated efforts related to transitional justice, including the establishment of an inter-ministerial working group to develop a national strategy on transitional justice, a preparatory team for a Truth and Reconciliation Commission and a War Crimes Institute. Unfortunately, these initiatives became politicised and to this day Kosovo hasn’t been able to implement a comprehensive transitional justice strategy.

  To address the current polarised situation, YIHR-KS launched the ‘Dealing with the Past’ programme, aimed at building a collective memory and lasting peace in Kosovo and the Balkan region. We conduct workshops and memory initiatives aimed at educating young people about the Kosovo War and providing them with opportunities to connect with peers from ‘the other side’.

  One notable initiative is the Virtual Museum of Refugees, a digital archive featuring stories of forcibly displaced people. By collecting and sharing refugee interviews, this archive helps preserve memory and provides a basis for the understanding of Kosovo’s past through personal stories. It’s also a platform for refugees to connect with others who may have undergone similar experiences and thus foster a better understanding among survivors of what happened in the war. The museum challenges ethno-nationalistic narratives and builds a shared vision for reconciliation.

  We facilitate residential and regional exchanges for young people from Kosovo-Albanian and Kosovo-Serbian communities so they can share experiences, ideas and opinions and learn about transitional justice, intercultural dialogue and negotiation skills. We also organise visits to sites where war crimes occurred against both Kosovo-Albanians and Kosovo-Serbs for them to hear stories from victims’ family members. This experience is transformative because it bridges gaps created by propaganda, which is based on concealing crimes committed against the ‘other’ group.

  Every year we conduct street actions to commemorate the International Day of the Victims of Enforced Disappearances and the National Day of Missing People. We use these to demand greater commitment and engagement from the government of Kosovo to seek truth and establish justice for over 1,600 missing people of all ethnicities.

  We closely cooperate with all YIHR offices in the region, and particularly with Serbia’s due to our shared and troubled past. Together with YIHR Serbia, we issue joint statements and are vocal about the human rights violations committed in the 1990s Balkan wars and the present political and social tensions.

  What further international support does Kosovar civil society need?

  Civil society activities in Kosovo have significantly expanded over recent years, creating space for policy advocacy and the promotion of transparency and democratic ideals. However, despite the large number of CSOs addressing pressing issues, there is a lack of funding for activities.

  We need further support in facilitating the European Union (EU) integration agenda, aligning Kosovo’s legal system with the Community acquis – the accumulated legislation, legal acts and court decisions issued since 1993 that make up EU law, strengthening democratic values and promoting a safe and equal environment for everyone living in Kosovo.

  Kosovo would also significantly benefit from joining the Council of Europe. This would enable access to expertise and resources to advance the transitional justice agenda and encourage a victim-led approach.

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

  Get in touch with YIHR-KS through itswebsite or itsFacebook page, and follow@YIHRKosovo on Twitter.

• KOSOVO: ‘Civil society plays a crucial role in maintaining communication in difficult times’

  CIVICUS speaks with Milica Andric Rakic, project manager at New Social Initiative (NSI), about intensifying inter-ethnic violence and deteriorating civic space in Kosovo.

  NSI is a civil society organisation (CSO) that seeks to empower non-majority communities to participate in Kosovo’s social and institutional life and increase trust among communities by helping people to deal with past events and promoting the normalisation of relations between Kosovo and Serbia.

  What’s the current human rights and security situation in Kosovo?

  The situation in Kosovo is highly volatile. Kosovo declared independence from Serbia in 2008, but to this day Serbia doesn’t recognise Kosovo as an independent state and continues to claim it as an autonomous province of Serbia. The longstanding impasse in negotiations is straining inter-ethnic relations within Kosovo, between Kosovar Serbian and Albanian communities. Unlike past tensions that eventually subsided, the security situation has steadily worsened over the past two years.

  Human rights are generally upheld in Kosovo, although rather selectively. For example, successive governments have refused to implement constitutional court decisions regarding the ownership of an Orthodox monastery’s extensive land and the establishment of an association of Serbian-majority municipalities, two longstanding demands of the Kosovo Serb community. There have been break-ins at Orthodox churches and police arrests of Kosovar Serbs without a prosecutor’s order. While the overall human rights situation isn’t bad, there are specific areas where the government fails to respect the law and court orders.

  What was the significance ofviolence in Banjska on 24 September?

  The attack occurred in the context of increased tensions in north Kosovo, which included the resignations of thousands of Kosovar Serbs working in the public sector, including the mayors of four municipalities. On 24 September 2023, Serb militants carried out an attack against the Kosovo police in the village of Banjska, in north Kosovo.

  North Kosovo’s population is 90 per cent Serbian but its police force is mainly Albanian, which leads to a level of mistrust and tensions that pose a threat of violence. Those involved in the attack had a secessionist political agenda. While secession isn’t an imminent threat, it’s definitely a motivating factor, and many on-the-ground processes have had a disintegrative effect.

  What role is civil society playing in normalising relations between Serbia and Kosovo?

  It seems that civil society has been the only healthy player in Serbian-Albanian relations. It has played a crucial role in maintaining communication in difficult times. We’ve acted as mediators between the international community and Kosovar and Serbian governments, trying to understand the perspectives of all sides.

  From 2011 to 2017, effective dialogue and integrative processes were underway, albeit with slow implementation and numerous challenges. The European Union (EU) played a special facilitating role in the negotiations, motivating both sides through the promise of potential EU membership.

  But now the only trend we are witnessing is towards disintegration. The lack of proper dialogue over the past two years indicates a need for a political change on at least one side to move the process forward.

  How is NSI working towards peacebuilding in Kosovo?

  As an umbrella organisation, we engage Kosovars in inter-community dialogue through various projects. One initiative promotes reconciliation by creating connections and fostering cooperation among young Kosovar Serbs and Albanians. As there are limited organic opportunities for them to meet, the responsibility for creating personal inter-ethnic ties lies largely on the shoulders of local CSOs. If a Kosovar Serbian and an Albanian know each other, there’s an 80 per cent probability that they’ve met at a civil society activity.

  Another programme focuses on multiculturalism and bilingualism. Albanian and Serbian are both official languages in Kosovo, and our goal is to increase social acceptance and promote the learning of both. For almost 40 years we haven’t been taught each other’s language in school, which has led to a significant linguistic gap. It should be noted that Albanian and Serbian are very different languages and can both be challenging to learn.

  We have a transitional justice programme, where we collaborate with associations that represent various categories of war victims, including families of missing people and internally displaced people. This regional project involves Kosovo, North Macedonia and Serbia. We support these associations to expand their work from truth-seeking to regional reconciliation, simultaneously enhancing their financial sustainability by securing funding for new projects. We have also participated and proposed policies in the Ministry of Justice’s working group to draft a national strategy for transitional justice.

  Moreover, we’ve organised diverse artistic activities, including a joint photo exhibition, ‘All Our Tears’, in which photographers captured images of war victims in Kosovo, North Macedonia and Serbia. The exhibition was showcased in cities including Kosovo’s capital Prishtina, Serbia’s capital Belgrade and at the Council of Europe in Strasbourg. Additionally, we have supported regional theatre projects that raise transitional justice issues through performance.

  What challenges do you face in doing your work, and what further support do you need?

  There has been a significant narrowing of civic space in Kosovo, marked by delegitimising campaigns targeting CSOs, political opponents and critics of the government, mainly through online harassment. Our organisation, along with some staff, has faced such attacks.

  Engaging with the government on policy matters has been challenging, as our recommendations regarding the Kosovar Serb community are often ignored or poorly implemented. It’s evident that the government’s outreach to the Kosovar Serb community is influenced more by international pressure than a genuine willingness to engage. The contacts we maintain with government representatives are often facilitated by outside parties, either from embassies or European think tanks that hold roundtable discussions where we can directly discuss issues of the local Serb community with the government.

  Kosovar civil society has sufficient funding opportunities. What we really need is support to maintain our relevance, especially when governments attempt to exclude CSOs from political decision-making processes. Whenever there’s an attempt to narrow civic space, the international community should demonstrate that it’s willing to support local CSOs, signalling their importance and thereby putting pressure on the government to take them into consideration.

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

  Get in touch with New Social Initiative through itswebsite or itsFacebook page, and follow@NSIMitrovica and@AndricRakic on Twitter.

• MALAYSIA: ‘Migrants are amongst the first to be victimised and discriminated during the pandemic’

  CIVICUS speaks to Adrian Pereira, the Executive Director ofNorth South Initiative (NSI), about the situation of migrant workers in Malaysia amid the COVID-19 pandemic.

  NSI helps build advocacy and leadership capacities among migrants, refugees and stateless persons, both documented and undocumented, so they can claim their rights. It also monitors labour and immigration-related abuses by authorities, employers and local workers and ensures that migrant organisations are connected to a strong solidarity network and are able to cooperate with other civil society organisations (CSOs) and trade unions.

  There are estimated to be somewhere between three and six millionmigrant workers in Malaysia. Migrant workers are set up for exploitation by a combination of unscrupulous recruitment agents and employers, harsh immigration policies, unmonitored supply chains and a lack of enforcement of labour protections. They are subjected to passport confiscation, low pay in violation of minimum wage laws, poor living conditions, punishment by fines, high recruitment fees and debts to recruitment agencies and employers, forced labour, human trafficking and salary deductions. Areport on the ability of migrants and refugees to access civic freedoms, produced by CIVICUS and Solidarity Center in collaboration with NSI, showed that the rights to the freedoms of association, peaceful assembly and expression in Malaysia are severely restricted for these vulnerable minorities.

   

  What was the situation of migrant workers’ access to healthcare prior to the pandemic?

  Malaysia removed subsidies for migrant workers to access public healthcare in 2016. Given that migrants rely mostly on public medical services, this measure resulted in declining quality and access to healthcare by migrants, both documented and undocumented, as the high cost of private alternatives usually deters them from getting any healthcare. Despite migrants and their employers and agents paying billions of Malaysian Ringgit per year in levies, taxes and other payments, they are not getting their money’s worth in healthcare.

  Those who are undocumented are only able to access private healthcare, because if they try to access public healthcare, immigration authorities will be informed, and they will come to arrest them. Over the years, brutal enforcement by police, immigration and customs forces and the People’s Volunteer Corps towards undocumented migrants has made them even more fearful of seeking medical treatment.

  There are also cultural competency gaps between medical practitioners and migrants, which make it difficult for them to get proper healthcare. Domestic workers who don’t have days off and are locked indoors have an even more difficult time in accessing healthcare.

  One positive step in 2019 was the inclusion of documented migrants into the national social security system, ensuring much higher compensation and better healthcare in the event of work-related accidents and illnesses. But for non-work-related accidents and injuries, private insurance offers minimal coverage. 

  What additional challenges have migrant workers faced since the beginning of the COVID-19 pandemic?

  Many migrant workers, and especially undocumented and informal ones, have lost their source of income. As a result, they can’t pay for food, rent and medicines, unless they have tested positive for COVID-19, in which case their quarantine and care is covered by the government. Only migrants who provide government-sanctioned ‘essential services’ are able to work. But their safety really depends on whether the companies permitted to operate comply with rules set by the government. The rules are meant to ensure workers are safe from the risk of COVID-19 infection and can continue to work. But there is almost no one to monitor this consistently.

  The government has announced an economic stimulus package that sadly has marginalised migrant workers. There is a worker’s salary subsidy to ensure companies don’t have to retrench workers, but this does not apply to migrant workers. Previously, migrant workers were also excluded from the Workers Insurance Scheme under the national social security body, which would ensure a safety net for workers who were retrenched. The Movement Control Orders (MCOs) imposed by the government to restrict travel that came into force on 18 March have made it difficult for migrants to travel to access basic services, food, banking and other essentials. In Enhanced MCO areas, service providers can’t even enter. Informal sectors are sacking and abandoning the migrants who worked for them, particularly undocumented migrants and refugees. 

  Employers are forcing migrant employees to resign or take unpaid leave. Employers are taking advantage of the MCOs to not pay their workers. NSI received reports of at least two cases of unpaid salaries way before the MCOs were imposed. One had been unpaid since December 2019 and another since February 2020.

  There is also fearmongering going on, with fake messages and misinformation online putting migrants at risk of backlash from Malaysians. The government pledged not to arrest and detain migrants who come forward for COVID-19 testing. But there is still a lot of fear among migrants and hence many are not coming forward. Some sectors that are very economically aggressive are forcing the government to allow them to reopen so workers can go back to work. We have seen this in the Sabah state palm oil sector.

  The European Union (EU) is also putting both migrant and Malaysian workers at risk of forced labour by asking Malaysian personal protective equipment (PPE) manufacturers to ensure production continues during the pandemic. The EU has offered tax incentives to Malaysian companies to supply PPE. Further, small and medium enterprises that have been hiring undocumented workers for many years have abandoned their workers, claiming they are short on cash. 

  How have you and other CSOs responded to the situation?

  We are coaching migrant leaders to ensure their communities have access to networks that provide services and can provide accurate information about needs to those who are providing services. Some public networks, such as the ‘Care Mongering Malaysia’ group, are proving a platform for Malaysians to reach out to help migrants and refugees in need. This is an online platform that links those who need help with those who can afford to provide the service. Also, Sikh temples are providing groceries and packed lunches. 

  Other CSOs working hard on the ground to provide groceries include BERSIH2.0, Beyond Borders, Dapur Jalanan, Engage, Geutanyoe Foundation, HOPE, Liga Rakyat Demokratik, Malaysian Trades Union Congress, Our Journey, The Patani, Refuge for the Refugees, Tenaganita and also migrant and refugee community organisations.  Migrant workers can call them when they need assistance with food.

  We are forming a network to ensure services can be delivered in the long term, as we foresee the problems continuing for many months to come. Many migrant workers will remain and will need aid, so we are developing a supply chain to support them.

  We are ensuring migrants receive accurate information from global bodies such as the International Organization for Migration, United Nations (UN) Development Programme and UN Refugee Agency and also from the various government agencies related to health, labour, security and welfare. This includes providing information via infographics on counselling services and on health issues in different languages. 

  We are also fighting misinformation related to migrant workers and refugees. There has been a lot of fearmongering blaming them for the spread of the virus.

  We are also encouraging migrants to seek medical treatment if they are sick and monitoring employers who are taking advantage of the current situation and committing labour offences, particularly as the MCOs have partly restricted lawyers from providing legal representation and legal aid.

  Other CSOs are providing counselling, delivering groceries, doing fundraising, monitoring human trafficking, providing gender-sensitive and maternity-related services and catering to women’s needs.

  What further support does Malaysian civil society need at this time?

  We need cash to support migrants’ needs, including to pay for groceries, bills, rentals and safe repatriation home after the MCOs. We are also seeking funding opportunities because as long as the MCOs apply, we are unable to conduct physical meetings, and most fundraising is based on this. We also need legal aid services for those who are being retrenched unfairly and detained unjustly.

  What lessons have you learned so far from the pandemic?

  We have seen that the government has barely consulted CSOs before implementing policies and this is not in line with good governance principles. Also, there is overkill in punishing those who violate MCOs, including people who are forced to breach the MCOs due to livelihood issues. Further, the over-securitisation of migration over the years has now caused a backlash against migrants, who have been neglected.

  Migrants are amongst the first to be victimised and discriminated against during the pandemic as they are neglected and don’t have strong safety nets. A capitalist system that operates on the basis of mega global supply chains and mega businesses does not have a proper risk-management plan that ensures accountability and transparency. Malaysia also has a problem with statistics, as it has been doctoring the numbers of those in poverty and has failed to address the problems resulting from the huge number of undocumented workers due to the meddling of the deep state.

  The civic rights of migrants have been suspended under the MCOs and Enhanced MCOs, and this in turn has weakened their bargaining power to gain their rights. There has also not been enough cooperation between migrants’ countries of origin and Malaysia to ensure the safe repatriation of those who want to return home, which poses a high risk of infection for everyone. We have received reports that under the MCOs, migrants are forced to use irregular passages to travel home. Embassies have turned to Malaysians for assistance for their citizens.

  CSOs are also not as united as I had assumed in building consensus in dealing with the problems, as they have struggled to cope with this. At the same time, some Malaysians who may have been biased against migrants have, in this time of need, showed compassion and responded in solidarity to migrants’ struggles. As has become clear, in the long term, the economic contributions of migrants ended up benefitting everyone except migrants themselves.

  Civic space inMalaysia is rated as ‘obstructed’ by theCIVICUS Monitor.
  Get in touch with the North South Initiative through itswebsite and Facebook page, and follow@nsinitiative11 on Twitter.

• MALAYSIA: ‘We need global solidarity to push back on attacks on rights’

  As part of our 2019thematic report, we are interviewing civil society activists and leaders about their experiences of backlash from anti-rights groups and their strategies to strengthen progressive narratives and civil society responses. CIVICUS speaks to Thilaga Sulathireh of Justice for Sisters and Seksualiti Merdeka about LGBTQI rights in Malaysia and the ways in which state and non-state forces are working together to deny rights.

  Can you tell us about your work and the status of LGBTQI rights in Malaysia?

  I work with Justice for Sisters and Seksualiti Merdeka. Justice for Sisters is a network that primarily works for the human rights of trans people in Malaysia, and we provide legal support, do human rights documentation, engage in national policy work and undertake advocacy with the United Nations (UN) to highlight human rights violations. At Seksualiti Merdeka, we recently launched a website, Queer Lapis. We do capacity strengthening and content production. The work we do is very much grounded in feminist, intersectional principles, and from a queer perspective.

  The human rights of LGBTQI people are definitely regressing in Malaysia. Malaysia historically inherited section 377 of the Penal Code, which criminalises ‘unnatural’ sexual acts, from British colonial rule. Section 377 has been amended several times, and the last amendment in 2017 resulted in the imposition of mandatory whipping as a punishment for consensual carnal intercourse deemed unnatural. The law is gender-neutral but it is used in political ways. As a result, people see it as a law that applies to gay people. We also have shariah laws in three states of Malaysia, introduced between 1995 and 2013, that penalise same-sex relations and posing as a woman or man. Unlike Section 377, these laws directly criminalise sexual and gender identity. The implementation of these laws varies according to state, but amongst them, the law against posing as a woman is most actively used.

  Has the situation for LGBTQI people changed in recent years?

  In recent years, arrests and raids made under these laws have decreased, because of a legal challenge that took place between 2010 and 2015. An appeal went through the different stages of courts. We got a negative decision in the High Court and then won in the Court of Appeal, which upheld that the law was unconstitutional, but then the decision was overturned by the Federal Court. But because of the activism around this case, the number of arrests significantly reduced.

  At the same time we saw a shift in tactics by the government’s Islamic Department, which has adopted a softer evangelical approach towards LGBTQI people. They saw that heavy prosecutions were giving the department a bad image, so there was a shift towards a softer approach, around promoting the ‘rehabilitation’ of LGBTQI people. There is a narrative that LGBTQI people need help in returning to the ‘right path’.

  We saw an increase in state-funded ‘rehabilitation’ activities in this decade, at the same time that Seksualiti Merdeka, which used to organise festivals, was banned in 2011. The government decided it needed to increase its response to this growing LGBTQI movement. This gave rise to more groups that promote and provide ‘rehabilitation’ or ‘conversion therapy’. We have seen more anti-LGBTQI campaigns in universities and on social media. We have seen more concerted efforts overseen by the Ministry of Religious Affairs, which sits under the Prime Minister’s office, and which launched a five-year action to plan to address the ‘social ills’ caused by LGBTQI behaviour. This brought together most ministries.

  As well as the use of various laws and increased state funding for anti-LGBTQI activities, we have seen a heavy-handed response to the freedoms of association and assembly of LGBTQI people. For example, when LGBTQI people have taken part in women’s marches, their organisations have been investigated.

  Did anything alter as a result of the May 2018 election, which saw the first change of government in Malaysia’s independent history?

  The 2018 election has historic in that it changed the administration, but the government has adopted and continued the same policies. Nothing has changed from the LGBTQI perspective. We still see the same amount of resources going into policies that treat LGBTQI people as a problem.

  There is also an ongoing struggle between the new government and the former ruling party that is now in opposition, and this is used to justify the lack of change for LGBTQI people. Right after the election a lesbian couple was arrested in the state of Terengganu, which is an opposition-controlled state. They were charged for sexual relations between women and caned openly in the public court. After this there were also two cases of caning of sex workers.

  So there is all this moral policing. Homophobia is real, but there is also a political tussle and mind games being played over who are the guardians of Islam and race. In this crossfire LGBTQI issues and people become politicised.

  Who are the main groups attacking LGBTQI rights in Malaysia?

  All the groups attacking LGBTQI rights use evangelical language, similar to the right wing in Europe or the USA. They reject the universality of human rights, are nationalistic, oppose pluralism and diversity in many ways, prioritise a particular race or religion and support ‘conversion therapy’. Some of the state-funded activities towards LGBTQI people are carried out by these groups.

  There are celebrity preachers who post social media videos encouraging people to troll LGBTQI people and those who post LGBTQI-related content. There are also individuals who make homophobic comments and conservative student groups who organise against LGBTQI people. But they are less physically aggressive than those in Europe and the USA. They are often careful not to insult LGBTQI people out of fear of giving Islam a bad name.

  There are also ethno-nationalist groups, with the purpose of protecting Muslims and ethnic Malays, that also engage in anti-LGBTQI activity. These don’t adopt an evangelical approach. They engage more in reporting LGBTQI people to the police, and sometimes physical intimidation and violence. At the last women’s march, we saw some of these groups physically intimidating participants. They also issue statements and have an active social media presence.

  Then there are groups that call themselves Islamic non-governmental organisations (NGOs), some of which come together under a coalition of Islamic NGOs that participate in the Universal Periodic Review (UPR) process of the UN Human Rights Council (UNHRC). These include groups that use more rights-oriented language, given that they engage in the UPR process, and particularly use the language of religious rights. They position what they call the ‘rehabilitation’ of LGBTQI people as consistent with these religious rights. They also cite examples such as the case of a bakery in the USA that was taken to court for refusing to provide a cake for a same-sex wedding to support their arguments for religious rights. Some of these are groups of doctors, lawyers and academics, and they make pseudo-scientific and legal arguments against LGBTQI rights. Some of these Islamic NGOs also provide services, and as such are involved in the government’s ‘rehabilitation’ programme.

  Within civil society, there is a tension between groups that support the universality of human rights and those that oppose it. Between those that promote pluralism and liberalism and those that oppose these. Between those that support LGBTQI rights and those that talk in terms of ‘rehabilitating’ LGBTQI people.

  How do these tensions play out around civil society’s engagement at the international level?

  Some of those Islamic NGOs engage in policy spaces. If LGBTQI CSOs attend a government consultation on the UPR, they share the space with these.

  The UPR process – and UN processes more generally – offer a key site of contestation between these two camps. The second UPR cycle in 2013 was seen by critics as an attempt by civil society to push for the recognition of LGBTQI rights and destabilise the position of Islam in the Federal Constitution. There was a lot of pushback. And then in the third UPR cycle in 2018, these groups participated in the process and claimed space. Some of the recommendations of this group were included in the report compiled by the UNHRC.

  When the Government of Malaysia tried to ratify the International Convention on the Elimination of All Forms of Racial Discrimination and the Rome Statue of the International Criminal Court, there was a lot of pushback from these groups and attempts to mobilise Muslim people against ratification. The government pulled out of ratifying on the grounds that it would affect the position of Islam and could offer an entry point to the recognition of LGBTQI rights.

  How do different groups that oppose LGBTQI rights connect and receive support?

  After the corruption scandal that led to the ruling party losing the election, ethno-nationalist groups are no longer as closely linked to political parties as they used to be. I suspect now they are mostly self-funded. With Islamic NGOs, I suspect they receive some foreign funding. Some have a presence outside Malaysia as well. There is an umbrella group, ISMA (Malaysian Muslim Solidarity), which apparently has an office in Germany.

  We also believe some groups receive state funding for their participation in the government’s anti-LGBTQI programme. When a colleague raised the issue of state-sponsored violence against LGBTQI people at a UPR meeting, this created a lot of protest from Islamic NGOs, including those linked with ISMA, who demanded an apology and retraction. The small organisations that are providing ‘rehabilitation’ services also mobilised in their support, making quite clear the connections between groups receiving state funding to provide services and Islamic NGOs advocating against LGBTQI rights.

  How is progressive, rights-oriented civil society trying to respond?

  In the last few years LGBTQI groups are also pushing back and being more organised. The coalition of human rights organisations that participated in the UPR process has also tried to engage with Islamic NGOs and tried to increase engagement by pro-human rights Islamic organisations. They had some success in the UPR process in getting some groups to recognise the discrimination LGBTQI people face. Now there are more civil society groups that are countering arguments against universal human rights online, and more actions to communicate human rights messages in popular ways and in different languages. LGBTQI groups are working on communication strategies. We need this because we face overwhelming misinformation about LGBTQI people.

  LGBTQI groups recognise that these issues aren’t restricted to Malaysia alone. We see a lot of tension at the UN level and realise these issues are ongoing, with states pushing the adoption of problematic language. For example at the Commission on the Status of Women in 2019, language about sexual orientation and gender identity was dropped because of pushback from conservatives. This is a global issue. Civil society everywhere is dealing with these challenges. So how can we come together and strategise around this? How can we do global activism better?

  We need to make sure there is diverse representation in these international forums. We need to have global solidarity to push back on attacks on rights.

  Because there’s a religious dimension to this, and because Islamophobia is on the rise, we need also to be careful when talking about these issues not to encourage more Islamophobia. We need to have more conversations about how we address intersectional forms of oppression and also give spaces for Islamic groups to participate in processes that help address Islamophobia. This is something that as civil society we need to be sensitive to.

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

  Get in touch with Justice for Sisters through itswebsite andFacebook page, orfollow@justice_sisters on Twitter.

• Maldives: One year later, no justice for Yameen Rasheed

  On the anniversary of the killing of the popular Maldivian blogger and social media personality, Yameen Rasheed, Amnesty International and CIVICUS call on the Maldivian authorities to bring his killers to justice.

  In a shocking murder that marked a worrying attack on freedom of expression and sent a shiver of fear throughout Maldivian civil society, Yameen Rasheed, 29, was found stabbed to death on 23rd April 2017 outside his apartment building. He had received multiple death threats before his murder, which he had reported to the police.

  “One year later, we have seen no action from the Maldivian authorities. Not only did they fail to protect Yameen during his lifetime, they have also failed to effectively investigate his murder and hold his killers accountable. His loved ones and friends should not have to wait any longer for justice,” said Dinushika Dissanayake, Deputy Director for South Asia at Amnesty International.

  The killing of blogger Yameen Rasheed took place against the backdrop of tightening restrictions on freedom of expression on the Indian Ocean island nation. The Maldivian authorities have been harassing journalists, activists and other peaceful human rights defenders – a trend that has intensified this year, ever since a state of emergency was imposed on 5 February 2018.

  “The Maldivian authorities have a duty to protect human rights defenders and create an enabling environment where their rights are guaranteed. Instead, we have seen an even further shrinking of civic space to the point where people are being punished for exercising their rights to freedom of expression, peaceful of assembly and association,” said Josef Benedict, Civic Space Research Officer at CIVICUS.

  Background

  On 5 February 2018, the Maldives imposed a state of emergency for 45 days, arbitrarily detaining Supreme Court judges, members of the political opposition, outlawing peaceful protests, and imprisoning people solely for exercising their rights to freedom of expression and peaceful assembly. 

  While some protestors have since been released, many of those arrested during the state of emergency remain under detention.

• MEXICO: ‘Civil society is a retaining wall against government malpractice’

  CIVICUS speaks with Carlos G Guerrero Orozco, a Mexican lawyer and co-founder and president of Human Rights and Strategic Litigation-Mexico (DLM Mexico), about a recent victory of Mexican civil society in defence of civic space.

  DLM Mexico is a civil society organisation (CSO) that promotes human rights and the strengthening of the rule of law in Mexico by providing strategic litigation advice and promoting accountability.

  What constraints does civil society experience in Mexico, and how is it working to preserve civic space?

  Historically, Mexican civil society has been a retaining wall against government malpractice. For playing this role, which the authorities can find uncomfortable, it has been subjected to restrictions, particularly denial of legal recognition of organisations and their functions.

  The state has reacted to the work of civil society by limiting its ability to act as a monitor, watchdog and check on power. In the legal area, it has sought to limit its capacity to undertake legal processes and generate accountability. One way of doing this is by disregarding the legal standing that allows CSOs to initiate appeals for protection and other proceedings to protect rights.

  Under Mexican law, CSOs whose mission is to defend the human rights of groups such as children, Indigenous people, survivors of gender-based violence, victims of corruption or public mismanagement and people deprived of their liberty can claim legal standing by virtue of these groups’ special situation with the legal system.

  DLM Mexico provides advice to CSOs, collectives, citizen groups, citizen participation committees and human rights defenders involved in strategic litigation cases, providing them with tools to strengthen their capacities in court and overcome obstacles they may face in proving their legal standing in the case.

  Another way of constraining civil society is to target CSO authorities and hold them criminally liable for actions taken in the course of their work. This is what happened with a recent reform of the Mexico City Penal Code. The reformed code’s article 256 equated CSO leaders with public officials and specified that public servants – and therefore also CSO leaders – could be liable for corruption offences. By including CSO directors and managers in the definition of ‘public servants’, it extended to them the criminal liability public servants are under.

  A particular concern was about the broad and imprecise wording of the definition of the crime of corruption as the conduct of anyone who ‘performs or fails to perform what the law requires them to perform or refrains from performing what the law forbids, in order to obtain an undue advantage of any nature, including financial, for themselves or for a third party’. This undoubtedly opened the door to arbitrary treatment.

  The publication of the reformed Penal Code brought concern from various quarters, but particularly civil society, which issued a joint communiqué expressing its alarm.

  DLM Mexico filed a request with the Mexico City Human Rights Commission to exercise its power to challenge laws deemed unconstitutional. Days later, the Human Rights Commission filed an action of unconstitutionality before the Mexican Supreme Court.

  How was the case resolved, and what do you think its impact will be?

  This month the Supreme Court discussed and resolved the case, declaring article 256 unconstitutional and void.

  The Court established that, according to article 108 of the Constitution, it is not permissible to extend the definition of public servant to people who do not hold a position within the structure of the state. It also considered that the classification of CSO directors and managers as public officials was potentially prejudicial to their rights and freedoms because it created undue criminal consequences for private individuals. It clarified that the fact they receive public funds does not justify extending the penalties applicable to public servants to private individuals who manage CSOs.

  This decision safeguards the rights of CSO leaders and ensures they can continue their work without fear of unfair criminal repercussions.

  Although the case focused on Mexico City’s legislation, the ruling put a brake on other states’ intentions to include in their legislation sanctions against CSO staff for their activities, used to silence the voices of civil society. This is particularly relevant in a country where the judiciary is neither robust nor independent.

  The Court’s decision is testament to the power of civil society advocacy and the importance of protecting civic space. It is a reminder of our collective ability to challenge and overturn laws that threaten our democratic freedoms.

  What other issues are on civil society’s agenda when it comes to the rule of law and democratic freedoms?

  Unfortunately, under the current administration there have been several issues that both civil society and the private sector have had to address. The president and members of his party use aggressive discourse towards civil society that is openly restrictive of civic space and hostile to judicial independence and autonomous bodies. The government has restricted access to public information, de-emphasised the protection of personal data, undermined the National Anti-Corruption System and downplayed Mexico’s crisis of enforced disappearances at the hands of organised crime.

  DLM Mexico’s agenda has focused on strengthening the National Anti-Corruption System by addressing the problem of underreporting of corruption, calling for registration and transparency of beneficial ownership of companies and training officials to better investigate acts of corruption in civil and administrative matters.

  Civil society’s reaction to defend against institutional erosion and the deterioration of the separation of powers was recently seen on the streets when many people mobilised in Mexico City and other cities across the country in the ‘March for Democracy’. A few weeks before the start of the June presidential election campaign, people mobilised against the government’s attacks on the National Electoral Institute, in defence of the independence of the judiciary and autonomous bodies and against the president’s undue influence on the electoral competition and his polarising attitudes.

  Although there was no shortage of opposition politicians who tried to exploit it for political gain, the mobilisation was basically a defensive reaction by civil society to government abuses. Before marching, protesters presented a list of demands. However, far from providing any response, the government has hardened its positions even further.

  Fortunately, Mexico still has strong institutions, as well as strong private and social sectors that take an interest in public issues. This tempers the risks to our democracy regardless of which party’s candidate wins the presidential election.

  ---

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

  Get in touch with DLM Mexico through itswebsite and follow@DLM_Mx on Twitter and@dlmx on LinkedIn.

• MEXICO: ‘When climate activism threatens powerful interests, it is labelled on the same level as terrorists and drug traffickers’

  CIVICUS speaks about the role of civil society and its expectations for the upcoming COP28 climate summit with María Reyes, a young human rights and environmental activist from the Mexican state of Puebla.

  María is part of the Indigenous Figures (Futuros Indígenas) collective, made up of peoples, including young people, from Mexico and Central America. She participates in the global south division of Fridays for Future (FFF), an organisation that fights for environmental justice and advocates for action in the face of the climate emergency.

  What are Mexico’s main environmental problems?

  Generally speaking, Mexico is very vulnerable to the climate crisis. Water scarcity is a central issue, partly caused by droughts, but also by infrastructure problems, as many people do not have access to piped drinking water, and by very poor distribution and overexploitation of aquifers by private companies. If we add to the existing drought the fact that in many communities there are companies that obtain concessions through non-legal and non-transparent means and appropriate the little water that is left, the situation for people becomes unbearable.

  Mexico is one of the most dangerous countries to be an activist and environmental defender. In the southeast of Mexico there is a series of transnational extractive megaprojects, such as the Interoceanic Corridor and the ‘Mayan Train’, which threaten the environment through logging and water extraction, and displace wildlife, expropriate territories and resources, harm people and commit human rights violations. Local communities, particularly Indigenous communities, are criminalised when they oppose these megaprojects that are imposed on their territories without any consultation and without their consent or through the staging of rigged consultations.

• MONGOLIA: ‘The government makes decisions without proper consultation’

  CIVICUS speaks with two civil society activists, who asked to remain anonymous for security reasons, about restrictions experienced by civil society in Mongolia and proposed new laws affecting civil society.

  

  Mongolian youth protest in Sukhbaatar Square (Photo Credit: Anand Tumurtogoo)

  What’s the problem with the Associations and Foundations bills, currently under discussion in Mongolia?

  The drafts of the bills on associations and foundations have been under discussion since 2019 and were submitted by the Ministry of Justice and Internal Affairs to parliament in November 2021. The bills are meant to govern the work of civil society organisations (CSOs), including the processes for registration and reporting and the types of activities allowed, among other issues.

  If passed, these bills will impose undue burdens on CSOs, particularly regarding the ways they will have to report to meet government requirements. It is estimated that more than 90 per cent of CSOs, three-quarters of which are non-membership CSOs, may have to stop operating because of failure to comply with various undue burdens. These include increased and burdensome reporting criteria that apply to all CSOs regardless of their size, capacities and activities as well as internal requirements related to management and organisational structures that are not suitable for many informal groups.

  The provision establishing a Civil Society Development Support Council, an independent body to oversee CSOs, is also problematic because it comes with sweeping powers to dissolve organisations arbitrarily and allocate funding among CSOs, deciding which get government funding. This carries the potential of shrinking funding opportunities for many CSOs, particularly those working to further rights. The risk of arbitrary deregistration is also high, given the vast powers conferred on the Council and the broad and vague provisions on prohibited activities.

  How has civil society reacted?

  CSOs have tried to review and refine the bills several times to ensure they uphold fundamental civic freedoms, but to no avail. The attempt now is to block the laws.

  In November 2021, Mongolian civil society, together with several international CSOs, launched a campaign calling for the bills to be scrapped immediately, given there had been no consultation with civil society and there was no time or space to do so. The campaign managed to halt the progress of the draft bills and parliament announced that further discussions would be held.

  As of April 2022, it seemed likely the bills would be postponed and undergo further consultation. However, the speaker of parliament issued a decree to establish a working group to draft an alternative bill, the Professional Associations Bill.

  This draft had also been circulated in 2019 and was deemed problematic because it would tarnish the independence of CSOs by requiring CSO workers to have professional licences. At the moment, the discussion of this bill is suspended.

  What can the international community do to support Mongolian civil society?

  Although parliament has said the bills are currently suspended, there is no guarantee they will be dropped. Past experience shows the government often makes decisions on policy matters without proper consultation. Therefore, continuous scrutiny, including at the regional and international levels, would be very helpful.

  Access to resources and connection to international platforms such as the United Nations system would also be useful to help local civil society continue its struggle. 

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

• MYANMAR: ‘If we fail to take appropriate action, the junta will commit more crimes’

  CIVICUS speaks with Kyaw Win, founder and Executive Director of theBurma Human Rights Network (BHRN), about the situation in Myanmar one year after the coup. As theCIVICUS Monitor has documented, activists and journalists continue to be criminalised and killed. Political prisoners have been tortured and ill-treated and the junta continues to block aid and imposes restrictions on humanitarian workers. 

  BHRN works for human rights, minority rights and religious freedom in Myanmar. It has played a crucial role advocating for human rights and religious freedom with the international community and earned a reputation for providing credible and reliable analysis. It recently published reports oncrimes against humanity by the Myanmar military following the coup and on human rights violations and the situation inRohingya refugee camps in Bangladesh. 

  What led you to found BHRN?

  I was born and brought up in a predominantly Muslim township in Yangon and lived there for 30 years. But in 2009 I had to leave the country and stayed at the Thailand-Myanmar border, temporarily leaving my family. Because I was not able to go back, I eventually moved to the UK and after one-and-a-half years I was reunited with my family.

  In 2012, when violence against Muslims erupted in Myanmar, I felt I needed to take action and founded BHRN, which was registered in the UK in 2015. Despite progress in the transition to democracy, we decided to keep BHRN underground. This surprised many, but we felt the situation could reverse easily. Unfortunately, this came true with the February 2021 military coup.

  BHRN tracks hate speech both online and offline. We believe hate speech is very dangerous and monitoring it helps us predict impending violence. As we are underground, we are able to collect data on the ground even if it’s very risky. We work in Myanmar and have staff there, including in Rakhine State, as well as in Bangladesh and Thailand. We see the need to expand because as a result of the coup there are restrictions on movement.

  We have experts on various themes, including on freedom of religion and Rohingya issues, and we produce monthly reports. We also undertake international advocacy to share our research with decision-makers such as United Nations (UN) representatives, European Union officials and staff of the US State Department, as well as decision-makers in countries such as Indonesia and Malaysia.

  We also work with young people in Myanmar and build capacity around human rights, democracy and pluralism.

  A year on from the coup, what is the situation for activists and civil society in Myanmar, and how are human rights groups outside the country responding?

  The military has accused civil society activists of leading the resistance against the coup with backing and funding from the west. The military wants to destroy civil society, and many are being attacked and killed, so there is a lot of fear. Those in detention are in terrible conditions. Many have been tortured.

  Other activists who became aware that the coup was imminent were able to flee the country or leave the cities. They now operate from the outside, in Thailand and at the Thailand-Myanmar border, supporting those still in the country.

  We are calling for justice and the removal of the military from power. We have been calling for international sanctions since 2017, following the Rohingya genocide. However, at the time the international community was unwilling to take strong action, as they hoped that democratic reforms would be undertaken by the government of the National League for Democracy. There was only symbolic action but no targeting of the government at that time.

  Following the coup, we made clear to the international community that if we fail to take appropriate action, the junta would be emboldened to commit more crimes. Now, finally, targeted economic sanctions have been imposed and some companies, such as Chevron and Total, have decided to leave Myanmar. Some argue that economic sanctions will push Myanmar closer to China, but those people forget that in 2007, following sanctions after the Saffron Revolution, there was an internal revolt that led to the transition to a civilian government. The junta can’t survive long-term economic sanctions. The people of Myanmar know they may suffer due to sanctions, but many have told me they welcome them as long as they hit the military.

  We are also pushing for an arms embargo and to stop the sale of jet fuel to the junta, which they have used to bomb civilians. Another thing we request from the international community is humanitarian support.

  We are concerned about the UN’s position, which appears to view the military as a stakeholder in a potential power-sharing agreement. The UN Special Envoy recently expressed this position and we were very disappointed.

  We also have concerns with the shadow National Unity Government (NUG) formed in exile by those who had been democratically elected, because we have observed the exclusion of minorities. The NUG has no Muslim representation, so we don’t have a voice. This also affects the NUG’s credibility.

  How do you assess the response to the military coup by the Association of Southeast Asian Nations (ASEAN)?

  In April 2021, a five-point consensus plan was agreed at an ASEAN summit. This included an immediate cessation of violence in Myanmar, constructive dialogue among all parties, the appointment of a special ASEAN envoy to facilitate dialogue, the provision of humanitarian assistance and a visit by the envoy to Myanmar.

  However, ASEAN is not united on this. It includes three groupings that cannot agree on anything. For instance, Vietnam is close to Russia and would block any arms embargo. Thailand seems to support the military junta. Indonesia and Malaysia have taken a strong stand; we have engaged with them since day one and they have supported us. Singapore has also spoken up.

  It doesn’t help that the permanent members of the UN Security Council are toying with ASEAN, using this regional body as their proxy. They have passed the buck to ASEAN to resolve an issue that they have failed to tackle.

  We can’t expect more from ASEAN than it can deliver. We want the military to be removed from power and replaced with a civilian government, and this is something many ASEAN governments don’t understand. ASEAN’s five-point consensus plan has not been implemented. ASEAN has no weight on Myanmar unless China or the USA move. 

  We seem to have excessive expectations placed on ASEAN, while in fact there is not much it can do. The rest of the international community should step up and do more.

  What can international civil society do to support activists in Myanmar and hold the junta accountable?

  In the past we only focused on human rights investigations, but now we are also doing humanitarian work. We are renting and setting up safe houses to hide people and helping them leave the country. Costs have greatly increased but funding has remained the same.

  Those working in the country need the support of international civil society, and new ways to deliver support need to be devised because it has become dangerous to receive funds as the junta is monitoring bank accounts. There are also issues of accountability and transparency, as we cannot disclose the names of the people we are helping.

  However, I believe if we overcome this challenge, Myanmar’s civil society will emerge very strong. But we need more understanding and engagement with us.

  I believe nothing lasts forever and this too will pass. The junta will have to leave at some point. While the situation is quite bad, a good sign is that many military personnel have changed sides and now support the NUG. But we need to continue our struggle with a clear vision of the future that is centred on human rights and democracy. And we need support from the international community so those struggling on the ground will one day see their dreams come true.

  Civic space inMyanmar is rated ‘repressed’ by theCIVICUS Monitor.
  Get in touch with BHRN through itswebsite and follow@kyawwin78 on Twitter.