civic space
-
Gambian civil society optimistic as new democratic era dawns
The Gambia has recently gone through a major democratic transition. CIVICUS interviews Sohna Sallah, the Vice President of the Democratic Union of Gambian Activists about the major political change and implications for human rights in the Gambia.
-
GEORGIA: ‘Civil society must be ready for any further regressive move the government attempts’
CIVICUS speaks about Georgian civil society’s successful campaign against the draft Agents of Foreign Influence Law with Nino Ugrekhelidze, co-founder of the CEECCNA (Central Eastern Europe, Caucasus, and Central and North Asia) Collaborative Fund, and Guram Imnadze, Director of the Democracy and Justice Programme of theSocial Justice Center.
Founded in 2022, the CEECCNA Collaborative Fund is a feminist fund that moves sustainable resources for social justice movements across the CEECCNA region.
The Social Justice Center is a progressive civil society organisation (CSO) working on human rights and social justice in Georgia. It seeks to identify the structural reasons for economic, social and political inequality, and share critical knowledge while contributing to change through democratic means.
What was the draft Foreign Agents Law that was proposed in Georgia?
On 20 February 2023, the ruling party presented a draft law on ‘Agents of Foreign Influence’. The initiative would affect any Georgian-language media and any CSO registered in Georgia that receive more than 20 per cent of their annual income from a ‘foreign power’, meaning a foundation or organisation registered outside Georgia. They would be forced to register on a ‘Foreign Influence Agents Registry’ and disclose foreign funding. If they failed to do so, they would risk very high fines.
But the need for more transparency is an excuse, because there are already numerous laws regulating the financial transactions and transparency of legal entities, CSOs included, such as the Law on Grants and the Law on Budgeting and Accounting. There have not been cases of CSOs not complying with the existing legal requirements. In fact, most large CSOs also use their media platforms to provide annual financial reports and list their donors.
The draft law includes language that has negative connotations in Georgia due to our Soviet past. ‘Agent’ means ‘traitor’, especially if used together with the adjective ‘foreign’. It has the clear purpose of delegitimising independent CSOs and critical media by labelling us as enemies of the state, politically biased and aligned with the opposition.
The government is doing everything it can to delegitimise CSOs as local actors voicing real local needs. They don’t want the public to listen to us when we criticise the government and provide information that is true and in the interest of the country – they want them to believe that we are the ones lying to them.
This is part of a larger government stigmatising campaign against civil society and independent media, which gained momentum over the past few months.
Who would be most affected if this law was passed?
It is critical to highlight the role that CSOs have played in Georgia since we gained independence – civil society has played a key role in the democratic transition and in ensuring the provision of services the government could not provide, particularly to vulnerable groups. When the state could not fully perform its duties, it was civil society that stepped in and got the work done.
If the law was passed, people with HIV and disabilities, survivors of domestic violence, women, children and LGBTQI+ people would be among the first to be directly impacted. Programmes targeted at these groups have been created and operated by Georgian CSOs, because the government is either not interested and therefore does not prioritise this work or does not have the money for it.
Of course, as the government is not funding these programmes, Georgian CSOs operating them typically get their funding from outside the country. Domestically, there is very little interest in funding civil society; domestic funding is almost non-existent and CSOs are severely underfunded. Major civil society donors are various private and public foundations, and bilateral and multilateral institutions from the USA and the European Union, all of which maintain political neutrality. Many of them even fund the government agencies as well.
If the law were adopted, given the difficulties in fundraising domestically, CSOs would be exposed to financial starvation. Numerous CSOs would have to shut down. And this would be no accident: it is part of a very intentional attack on the financial resilience of CSOs.
How has civil society organised against the bill?
Over 380 CSOs signed a statement explaining their strong opposition to the bill. Civil society and independent media worked hard to reach people with compelling messages, avoiding NGO jargon and explaining in simple terms why this bill is against the interests of the country and against democracy – why, in fact, this bill is a Russian import, part of a trend that is quickly gaining ground across the region.
It took some effort to mobilise against the bill because civil society had been demonised for so long already, and many people did not want to support ‘foreign agents’. But our key message was that our government may have pro-Russian course, but our people do not, and we don’t intend to be part of the Russian Federation ever again. This connected with a widespread sentiment of Georgian people.
This messaging dispelled the climate of resignation that things cannot change and helped mobilise people. On 7 March, parliament passed the draft law in the first reading, but just as the bill was being discussed, tens of thousands gathered outside parliament to protest in Tbilisi. There were protests day and night, for several days in a row. This was one of the largest demonstrations in Georgia’s modern history.
The protests were repressed by riot police using rubber bullets, teargas and water cannon. At least one person lost an eye because of police brutality. Over 150 people were detained for ‘disobedience’ but later released following further pressure from protesters.
As a result of the protests, the bill was recalled on 10 March. That day we realised that if we come together, things can change. There was a spirit of resistance, unity, dignity and solidarity in the protests. People who were not necessarily politicised became interested in politics. And it all started because civil society came together to stand up against a bill that posed an existential threat.
Protesters connected in a very well-articulated way the situation in Georgia with the plight of Ukraine, and understood this as a fight against Russian political interests trying to absorb us as a country. That’s why they also showed solidarity with Ukraine, singing their anthem and displaying pro-Ukraine messages.
The way young Georgians reacted gives us hope for the future. The way they came together, the way they protested, the messages they conveyed – it was so politically consistent and coherent. They protested, they resisted, and when the protest was over, they even cleaned the public space after themselves. They were truly amazing.
Would you say danger has passed?
Parliament is currently on its best behaviour because it had a moment of realisation that this might turn into a revolution. In pushing forward the bill, the government thought there was no limit to its power, but found such a limit in the protests. A sentiment started spreading among protesters that they could fire their representatives, send them home. But the government’s targeting of civil society is not over yet – it is only starting. Although the bill has been withdrawn, the prime minister has already said that they are going to continue pushing for it. He even doubled down as he mentioned that their step will be to tackle so-called ‘gay propaganda’, another Russian import that is part of the crackdown on progressive civil society.
The government continues its campaign against civil society. Even if the law does not pass, the official narrative keeps labelling civil society and independent media as ‘foreign agents’, and the consequences of this will continue to be felt for a long time. In Kutaisi, for instance, a social justice activist saw their home vandalised, and someone marked it with a sign alerting that ‘an agent lives here’. It is to be expected that anti-rights forces will use this language as a weapon against civil society activists.
And of course, the authorities continue to use other tools they have to obstruct civil society work. For instance, Georgia has a problematic administrative code that grants the police and the courts the right to use administrative sanctions such as fines and detentions without sufficient evidence and due process. Such measures are often used against civil society and human rights activists. Since 2016, administrative fines for most common administrative offences have quadrupled. This is a serious barrier for civil society work, as it is expensive for activists to pay the fines.
What kind of international support does Georgian civil society currently need?
Georgia is currently experiencing a rapidly shrinking civic space, and the government is sliding towards authoritarianism. International solidarity and conversations on the political situation in Georgia and the whole post-Soviet region are going to be critical.
In post-Soviet countries, the influence of Russian politics is very strong. There is an actual war going on in Ukraine, and what is happening in Georgia is in a way war by different means. These are two fronts of the same fight against Russian imperialism. Understanding this is essential.
Also, we need to talk more about where money comes from for anti-rights organisations. There are very clear mechanisms to track where money comes from when it comes to CSOs and independent media, but there are none to investigate where funding for anti-rights groups such as religious fundamentalist and far-right organisations comes from. One reason is that they often don’t register as CSOs – this means they wouldn’t even be under the jurisdiction of the Foreign Agents Law if it were passed. Lots of money for these organisations is coming from Russia without any conditionalities or reporting mechanisms in place.
This is a way bigger problem than Georgia having a Foreign Agents Law. We need to make the connection to what is happening elsewhere. In Ukraine and Moldova there were also attempts to adopt a similar law and people pushed back. The logic of this law is already working in Mongolia, and it is effectively in place in Belarus.
We need more complex conversations about what we are organising against, how this is impacting us, what tactics are being used and how human rights language and spaces are being co-opted. The obvious types of support needed are spaces for such conversations and funding, because ultimately, for us to resist, we need spaces to reflect, build strategies and develop our political imagination, and we need resources, given that we are already so underfunded across the region. We must be ready for any further regressive move the government attempts. We haven’t seen the last of it.
Civic space in Georgia is rated ‘narrowed’ by theCIVICUS Monitor.
Get in touch with the Social Justice Center through itswebsite andFacebook page, and follow@SjcCenter and@niiugre on Twitter.
-
GERMANY: ‘Our response to internationally networked far-right groups must also be globally interconnected’
CIVICUS speaks about the rise of the far right in Germany with Peter Anhalt, director of the right-wing extremism department, and Maximilian Ruf, director of the research department, at Violence Prevention Network.
Founded in 2004, Violence Prevention Network is one of Europe’s largest civil society organisations (CSOs)working to prevent and counter violent extremism.
What are the main far-right groups in Germany, and what’s their agenda?
There are diverse far-right groups that converge on social media platforms such as Telegram and gaming platforms while also networking offline in various ways. For example, the pan-European, anti-Islam, far-right political movement Pegida – Patriotic Europeans Against the Islamisation of the West – and its offshoots regularly assemble for rallies and demonstrations.
Alongside Germany’s biggest far-right political party, Alternative for Germany (AfD), there are several small parties on the far-right and right-wing extremist spectrum at the national level, including III. Weg (The Third Way), Die Heimat (The Homeland) and Die Rechte (The Right), and at the regional level, such as Freie Sachsen (Free Saxons).
Additionally, there are right-wing extremist groups in organised crime milieus, often well-connected with local biker scenes and kickboxing or martial arts communities, as well as with conventional communal structures.
Representatives of the so-called New Right, such as Götz Kubitschek’s Institute for State Policy and the Identitarian Movement led by Martin Sellner, have provided right-wing extremism with a seemingly intellectual and modern facade, even though there is little novelty in their ideology. Terms like ‘ethnopluralism’, ‘New World Order’ and ‘remigration’ simply give a new look to racist, antisemitic and misanthropic ways of thinking.
Organisations such as the Hammerskins, the Brotherhood Thuringia (Turonen), NSU 2.0 and the Patriotic Union continue to pose a significant threat. The Patriotic Union, uncovered by the authorities in late 2022, is an eclectic personal and ideological mix of right-wing extremism, esotericism, conspiracy ideologies and sovereignist thinking tied to the so-called Reichsbürger scene (Citizens of the Empire). The suspected members of this organisation are currently on trial, accused of membership of a terrorist organisation and a violent plot to overthrow the German state, among other charges.
All these far-right groups hold an exclusionary, discriminatory and racist view of humanity combined with antisemitism and misogyny. Despite having diverging positions on some issues, they’re all united in their rejection of and opposition to the basic liberal order and democratic institutions.
Why has support for AfD grown so much in recent years?
AfD serves as a bridge for bringing into parliament ideas that delegitimise democracy. At a time of uncertainty and crisis, party members provide supposedly simple solutions, stir up resentment and appeal to people who might be open to authoritarian responses. What’s noteworthy about AfD is that, unlike most other far-right parties in Europe, it has grown in popularity while at the same time becoming increasingly and openly radicalised. Rather than this deterring voters, the party has grown in popularity.
As with any divisive political movement, AfD and other far-right groups exploit uncertainties around pressing issues. At the core of their agenda is restricting the rights of migrants and refugees, ignoring the fact that Germany needs more immigration to stabilise its economy and ensure future prosperity.
The COVID-19 pandemic and subsequent anti-pandemic measures also became a central rallying point for conspiratorial groups, many of which aligned with far-right authoritarian ideologies that, after a first moment of uncertainty, further fuelled AfD.
AfD, in line with other far-right groups, also deny the human-caused nature of climate change and the need to address it, often portraying environmental efforts as ‘attacks on regular people’ who prefer to drive petrol cars and cannot afford to live in ‘ivory towers’. They also resist other progressive causes such as gender equality and LGBTQI+ rights, smearing LGBTQI+ people as a threat to children while framing any steps towards further antidiscrimination and equality measures as attacks on traditional families and their way of life.
Recently, farmers’ protests against agricultural subsidy cuts have inadvertently attracted far-right support. In some regions, a combination of farmers and far-right protesters has resulted in threatening actions, such as gallows parades and symbolic executions of members of the governing coalition. Their narratives have blended farmers’ grievances with other issues aimed at channelling hate against the current government.
It is important to note that most of the farmers very credibly distanced themselves from such co-option attempts. However, this shows how AfD and related far-right groups continuously try to hijack existing grievances and concerns by a variety of societal groups that can be framed as ‘the regular people’ in an attempt to pit them against existing democratic institutions.
What triggered recent protests against AfD?
Recent mass protests were triggered by an investigative report by independent media organisation Correctiv about a meeting held in a hotel near Potsdam in November 2023, where high-ranking AfD members were present alongside neo-Nazis and businesspeople sympathetic to the cause of mass deportation of people viewed by them as non-ethnic Germans. Martin Sellner, among others, spoke about a proposal for so-called ‘remigration’, which would effectively mean the forced expulsion of millions of people with migratory backgrounds currently living in Germany, including German citizens.
The article, published in German on 10 January, was a wake-up call. It sparked relatively spontaneous mass protests against AfD and right-wing extremism across Germany. Even though there was nothing new about the ideas discussed there, including ‘remigration’, and AfD’s support for them, the way the report presented the meeting as a ‘secret plan against Germany’ prompted broader sections of German society to recognise the real threat posed by right-wing extremism to a pluralistic society and liberal democracy.
How has the government reacted to this?
Most democratic parties, including the governing coalition, have long sought to reduce support for the far right by attempting to address the concerns it raises. This has led to, for example, a more stringent stance on migration. However, the adoption of far-right narratives to diminish the appeal of the original proponents never works out. People usually stick with the original message-bearers, as evidenced by the rising poll numbers for AfD in Germany.
Although the German government has funded prevention and counter-extremism initiatives over the past two decades, only recently did it increase funding for measures explicitly targeted against right-wing extremism, following a period in which the focus was on Islamist extremism. Several new cabinet and ministerial action plans against right-wing extremism have now been initiated, but it will take time for progress to be made.
We hope for a continuous and comprehensive strategy for preventing and countering violent extremism of any type, avoiding fluctuations in funds based on attention waves. This would enable us to remain vigilant against all threats to democracy. A potential new law for the promotion of democracy may serve as the basis for this.
How is your organisation working to address extremist threats?
In Germany, many CSOs working to respond to extremist threats, including Violence Prevention Network, are substantially funded by the federal government and local authorities. This allows us to implement comprehensive measures to promote democracy, prevent extremism, deradicalise young people and provide support for people to disengage.
For instance, we hold intercultural and interreligious workshops in schools. These focus on strengthening young people’s self-esteem, fostering an appreciation of diversity and promoting respectful behaviour. We provide training for professionals who work with young people, equipping them to identify and counter extremist arguments early on. These courses also offer strategies for building a trusting relationship with young people at risk of radicalisation and preventing radicalisation. Further, we operate mobile counselling and intervention teams that help deradicalise young people, including within the prison system. We work to identify people at risk of extremism and facilitate disengagement processes with the involvement of their friends and families.
In addition, we carry out a lot of work online and focus on providing young people with information and opportunities for support in disengaging from the extremist scene. We aim to reintegrate those at risk into the democratic community to prevent incidents where they cause harm to themselves or others.
What additional support does German civil society need to sustain these efforts?
Over the past two decades, western states have invested billions in the global south to foster democracy, facilitate peacebuilding and deter violence that poses a threat to western interests. However, the largest current threat is posed by right-wing extremist movements operating within western countries. Security and development spending hasn’t adapted to this evolving trend and hasn’t been sufficiently allocated to countries like Germany, where the far-right movements are based, operate and are growing in popularity. This situation requires an urgent shift in approach. If conventional funding sources cannot be adjusted, it is essential to collaboratively explore alternative funding methods.
Given the internationally networked character of violent far-right groups, our response must also be globally interconnected. The strengthening of German civil society initiatives focused on advancing rights and pluralism through exchanging knowledge, building partnerships, promoting innovative approaches and channelling appropriate funding will contribute to a more robust global response to the shared challenge of right-wing extremism.
Civic space in Germany is rated ‘narrowed’ by theCIVICUS Monitor.
Get in touch with the Violence Prevention Network through itswebsite and follow it on LinkedIn.
-
GERMANY: ‘Our street blockades hurt society the least and put no one’s life in danger’
CIVICUS speaks with Zoe Ruge of Last Generation about climate activism and its criminalisation in Germany.
Last Generation is an international network of climate activists using civil disobedience to urge governments to address the climate emergency, enabling citizen participation and financially supporting the global south as a primary victim of climate change that it hasn’t caused.
What forms of protest has Last Generation deployed in Germany?
Last Generation has come to dominate the climate movement in Germany, so its tactics have become the prevailing tactics. The most common form of climate protest in Germany is currently street blockades, and blockades of public infrastructure more generally, because they are efficient at creating a certain level of disruption. A small number of people protesting peacefully is all it takes to generate a wide public reach. Additionally, street blockades are a platform to have talks with politicians and citizens about the climate crisis, do media work and underline our demands.
Alongside disrupting everyday traffic, we draw attention to the major responsibility of the richest one- to-10 per cent of the population. To target them specifically, we block airports, spray-paint private jets, disrupt big events and bring protests into museums and other public spaces.
Our street blockades hurt society the least and put no one’s life in danger. We take adequate security measures, for instance to make sure no emergency vehicle gets stuck in traffic. In case of an emergency, we are ready to open the blockade and clear the street.
We know the kind of civil disobedience tactics we use face criticism, and we constantly reflect on our practices and take all feedback into consideration. We have aimed to choose a protest form that effectively rises awareness and is the least disruptive for people, and we think the street blockade is one such form. It may cause people to get to work half an hour late one day, but it provides a much-needed opportunity to stop people’s everyday routine and encourage them reflect on what we’re doing and where it’s leading us.
What have been your biggest achievements?
More people are realising the seriousness of the crisis we’re facing. Street blockades allow us to talk to people who would normally not get involved but are forced to listen and ask questions about our reasons to be there and our demands. Through disruption, we’ve been able to bring a lot of climate-related topics into public discourse, not only through media coverage but also thanks to local, face-to-face conversations. We are seeing rising awareness, which is necessary to deal with the consequences of the climate crisis.
In terms of policies, one of our demands during the first protest wave was a law similar to the one France has, to save food from going to waste in supermarkets. One third of all food is lost in the production chain, which equates to a lot of preventable CO2 emissions. Such a law is currently being discussed in several federal states.
In terms of public awareness, when street blockades began about a year ago they attracted 25 to 30 people, and now they bring thousands to the streets in Berlin. Churches are standing behind us and civil society groups are also voicing demands for climate action.
Overall, we are receiving increasing support from the whole society. We get invitations to discuss the climate crisis with politicians, artists, at schools and with other parts of civil society. In response to the criminalisation we are facing, which has included the freezing of some of our assets, we have also seen a rise in donations from the public.
What are your demands to the German government?
What Last Generation demands are pretty simple things that must be done to tackle the consequences of the climate crisis and prevent it escalating. We demand a speed limit of 100 kilometres per hour in Germany, which would bring a reduction of more than 6.7 million tons of CO2 emissions a year, and a permanent €9 (US$9.90) monthly ticket to make public transportation affordable. This was tested last year and was a huge success, as many people shifted from using cars to using public transport – but now it’s quite expensive again.
Our third demand is the establishment of a citizen assembly as a long-term mechanism for us to deal with the climate crisis as a society and end the use of fossil fuels in a socially just manner by 2030. Since our politicians are not even able or willing to implement a speed limit, we need citizens to be able to help tackle the climate crisis through more direct democratic tools.
As part of a global movement, Last Generation works in close cooperation with Debt For Climate, a grassroots global south-driven initiative connecting social justice and climate justice struggles with the aim of freeing impoverished countries from a debt burden that is often used as a tool for further natural resource extraction. We support their demand for financial support because they are the primary victims of climate change that they haven’t caused. German politicians tend to argue that the climate catastrophe isn’t happening in Germany, although it is indeed taking place, maybe to a lesser extent. But in other parts of the world people are already dying because of it while more developed countries continue benefiting from their resources.
How have German authorities reacted to your demands?
Reactions have varied at different government levels. We’ve had very productive talks with local politicians who have shown openness and understanding. But at the federal level we’ve faced a harsh and criminalising public discourse. Last Generation is being called a criminal group and increasingly treated as such.
We face accusations that we are hurting the cause of climate protection because our tactics are scaring people away. But it’s not true. The government is just trying to shift the focus from the substance of our demands to the form of our actions and avoiding our questions of why we still don’t have a speed limit and why we still don’t have proper affordable public transportation even though we have the resources for it.
The fact that our government isn’t willing to act as the climate emergency demands and is instead turning against us is the main challenge that we as climate activists currently face.
How is the government criminalising climate activism?
There are between 3,000 and 4,000 cases coming to court soon, mainly connected to street blockades. In Germany, this kind of spontaneous demonstration is protected by law, but once the police intervene and tell you to leave, it’s not so clear whether the assembly continues to be legally protected. There are also accusations of vandalism on the basis that people have damaged walls by spray-painting them.
A serious accusation being used against climate activists is that of being part of a criminal group. Based on section 129A of the German Criminal Code, when the police start an investigation on these grounds they can listen to your phone calls, read your messages and search your homes. This is weird because Last Generation is so transparent that anything the government would like to know about us – our structures, our funding, our planned protests – is publicly accessible. We have nothing to hide.
This June, some of us experienced searches of our homes, our website was taken down, our bank accounts were frozen and we had work materials confiscated. Activists are struggling because it’s scary to feel that the police could force their way in, search your entire home and take away whatever they want.
A friend of mine, Simon Lachner, was recently taken from his home to the police station and kept there for the entire day, just because he had publicly announced a protest scheduled for that afternoon. In Bavaria, people have been repeatedly taken into preventive custody for long periods of time to keep them from protesting. This form of preventing protests is becoming more common.
What kind of support are you receiving, and what further support would you need to continue your work?
The criminalisation of peaceful protests organised by people who aren’t trying to hurt anyone but who want to protect lives elicits instant solidarity. Thousands of people have joined Last Generation’s protest marches. Frozen funds have been almost fully replaced by donations pouring in. People contact us to ask how they can play their part in climate activism.
We’re also part of the A22 international network of climate movements that use civil disobedience tactics, and this also supports us, especially in the face of criminalisation. Other organisations from all around the world are reaching out to us and offering help such as legal support.
What we need is for everybody to consider their potential role in building a more resilient society. One of the most efficient ways to fulfil our collective responsibility is by exercising our right to protest within a democratic system.
Civic space in Germany is rated ‘open’ by theCIVICUS Monitor.
Get in touch with Last Generation through itswebsite orFacebook page, and follow@AufstandLastGen onTwitter.
-
GERMANY: ‘The far right is instrumentalising protests triggered by completely legitimate concerns’
CIVICUS speaks about the rise of the far right in Germany with Jakob Guhl, Senior Manager, Policy and Research at the Institute for Strategic Dialogue (ISD).
Founded in 2006, ISD is a civil society organisation (CSO) that works to safeguard human rights and reverse the rising tide of polarisation, extremism and disinformation worldwide.
What are the major far-right groups in Germany?
Currently, the major far-right political party is Alternative for Germany (AfD), which has just achieved its highest-ever results in national polls, standing at around 22 per cent. In some East German states with elections coming later this year, AfD leads polls with over 30 per cent.
There are also more traditional neo-Nazi parties such as The Homeland (NPD). Although it is still quite active, it isn’t very relevant anymore. It’s considered an anti-constitutional extremist party and for this reason, the Constitutional Court recently ruled that the government is allowed to withhold federal funding from it.
Additionally, there is a broad network of loose groups known as the ‘new right’ that includes the Identitarian Movement, which the German Federal Office for the Protection of the Constitution (BfV) has designated as a right-wing extremist threat. The ‘new right’ is essentially made up of ethno-nationalists who assert that the German identity is an ethnic identity. They extensively use social media to bring their ideas into the mainstream and shift public discourse on topics like immigration and integration.
In terms of narratives and policies, AfD is becoming increasingly indistinguishable from these ethno-nationalist groups, as evidenced by its recent secret meeting to discuss plans for mass deportation of people living in Germany, including German citizens, whom they view as ethnically non-German.
How do far-right groups spread their messages?
There are significant interactions among ethno-nationalist groups on a personal level. They engage with each other by attending conferences, participating in podcasts and writing prefaces for each other’s books. Some even work as assistants for AfD members of parliament.
Both the ‘new right’ and AfD have been aptly using social media for many years. According to a comparative analysis we did in 2019, AfD significantly outperformed major political parties for views, likes and engagement. This trend continues today, and they also leverage YouTube or newer platforms like TikTok, which attract many young people, so they are able to reach even larger audiences.
Their messages focus on highly emotive issues, such as ‘migrant crimes’ and ‘threats to German traditions’, which tap into cultural elements that provoke strong reactions and anger. For instance, they portray the Greens, an environmental political party, as detached elites comfortably situated in central Berlin, pushing their green policies without understanding the reality of ordinary people. This populist communication style has proved effective, and it’s further amplified by the dynamics of social media algorithms that reward outrage, sensationalism and emotional content.
What public concerns has AfD tapped into?
When AfD was established in 2013, its main focus was opposition to European Union (EU) and German policies in response to the financial crisis. It was born as an anti-EU and anti-Euro party that advocated against providing financial support to Greece and other countries particularly affected by the crisis, and against the EU collective debt mechanism.
Starting in 2015, with the beginning of the so-called migration crisis, AfD shifted towards an anti-refugee and anti-Muslim discourse, depicting Islam and Muslims as alien to Germany. AfD politicians openly cooperated with the pan-European, anti-Islam, far-right political movement Pegida – an acronym for ‘Patriotic Europeans Against the Islamisation of the West’. AfD members frequently appear as speakers at their events.
During the mass protests that took place against measures to curb the spread of COVID-19, AfD was part of a broad coalition promoting COVID-19 denial and anti-lockdown narratives. The coalition included ‘new right’ groups, Holocaust deniers and conspiracy theorists, among others.
Recently, AfD and other far-right groups have tried to hijack and instrumentalise farmers’ protests over subsidy cuts, seeing them as an opportunity to undermine the government. While far-right symbols and AfD speakers have been present in these protests, the official associations of farmers have clearly distanced themselves from the far right. It is important not to stigmatise the farmers’ movement as a whole as being infiltrated by the far right, as they have completely legitimate concerns about agricultural subsidy cuts, while at the same time being alert to far-right attempts to hijack these protests.
What accounts for AfD’s growing popularity?
The popularity of the AfD stagnated during the COVID-19 pandemic and the 2021 federal elections. However, starting in early 2023, it has gained momentum. The AfD often diverges from the positions of major established parties on critical issues. For instance, it has opposed German military support for Ukraine, questioned scientific consensus on climate change and rejected green policies. Their most recent surge in popularity can be in part be attributed to people’s heightened concerns about immigration, which is visible in surveys from mid-2023.
At the same time, AfD has radicalised, partially due to its relationship with ethno-nationalist groups, which has led to its monitoring by BfV as a potential threat to the constitution. Paradoxically, this has been accompanied by a trend of increasing normalisation and popularisation of AfD among the public. This tension is at the heart of today’s German politics.
Has AfD encountered any progressive resistance?
As it has grown in popularity, AfD has also encountered resistance, as attested by the ongoing protests against AfD’s mass deportation plans in numerous cities and towns. Protesters form a broad coalition comprising political parties, churches, unions, local initiatives supporting refugees, left-wing and anti-fascist groups and climate change activists like Fridays for Future.
This diverse protest movement also has internal contradictions. In a Munich rally, some speakers criticised the government for its migration policies, which they attributed to an attempt to win back voters from AfD by taking a hardline approach. Left-leaning activists argue that such policies will only pave the way for even more extreme anti-migrant measures. Despite these tensions, however, the coalition remains broad and maintains significant popular support.
How is ISD working to address extremist threats in Germany?
One of the things our Berlin office focuses on is digital literacy and media competencies initiatives. In the age of social media, it’s crucial for people to critically assess credible sources of information, be aware of manipulation tactics and understand how disinformation spreads and coordinated networks amplify specific narratives. Our goal is not to tell people what to think but to provide them with tools for critical evaluation of information sources, narratives, communication tactics and rhetorical styles.
For example, the Berlin office is actively involved in the Business Council for Democracy project, collaborating with digital literacy experts to educate adults. Many similar initiatives primarily target young people, who are often digital natives, but the spread of disinformation and conspiracy theories online can affect people of all ages. We engage employers, which many people still trust, unlike political parties and media.
What forms of support do you receive, and what further support do you need?
Our cooperation with the government encompasses a wide range of initiatives. Various German federal ministries have provided funding for our research on antisemitism and far-right extremism and funded projects related to political education.
One major recent issue is the budgetary crisis and disagreement within the governing coalition on how to address it. The same budget cuts that have affected subsidies for farmers also impact on agencies dedicated to political education and projects on democracy promotion and the prevention of radicalisation. Unfortunately, this funding reduction comes at an inopportune time, coinciding with the rise of the far right and the normalisation of extremist ideas.
Compared to other countries, the German state used to extensively support civil society initiatives. It’s a double-edged sword: while it’s positive that the government invests in civil society, it has also made German CSOs somewhat dependent on the state. The budgetary crisis has disrupted the financial sustainability of many organisations, which are now unsure whether they will be able to continue their work as effectively and on the same scale.
While German CSOs could benefit from international donor support, it’s also crucial to facilitate greater knowledge exchange among activists and networks from different parts of the world. Despite variations in intensity, many countries face similar challenges of the mainstreaming of far-right ideas through social media, harassment of activists and elected officials, and local-level political violence.
Civic space in Germany is rated ‘narrowed’ by theCIVICUS Monitor.
Get in touch with ISD through itswebsite orFacebook page, and follow@ISDglobal onTwitter.
-
Global assault on our basic freedoms signposts a dangerous return to the past
By Danny Sriskandarajah
Ask yourself these four questions. Can I criticise my head of state on Twitter? Can I join a human rights group to campaign for change? Can I take part in a peaceful protest outside government buildings? And can I do all of these things while knowing that my government will not just protect me but will actually enable my right to organise, speak out and take action on issues that matter to me?
If you answered “yes” to all of these questions, then congratulations. You are in the very lucky, and sadly very tiny, minority of people who live in the 26 countries which, today, have “open” civic space.
Read on: Huffington Post
-
Global challenges, local responses
By Danny Sriskandarajah and Mandeep Tiwana
We are facing a global emergency of civic space. This is now a universal phenomenon, no longer restricted to autocracies and fragile democracies. While there is growing interest in the nature and impact of these restrictions, there is limited analysis of the deeper drivers of the phenomenon, and even less about how to support local responses.
-
Global Monitor Report: Twice as many people live in repressed countries compared to a year ago
Findings based on data released today by the CIVICUS Monitor, a global research collaboration which rates and tracks respect for fundamental freedoms in 196 countries.
The CIVICUS Monitor's latest global assesment, People Power Under Attack 2019, finds that the fundamental freedoms of association, peaceful assembly and expression are backsliding across the world. In the space of a year, twice as many people are living in countries where these civic freedoms are being violated: 40% of the world’s population now live in repressed countries - last year it was 19%.
The report, which is based on data from the CIVICUS Monitor, a global research collaboration, shows that civil society is under attack in most countries. In practice, this means that just 3% of the world’s population are now living in countries where their fundamental rights are in general, protected and respected – last year it was 4%.
2019 has been a historic year for protest movements. From the streets of Sudan to Hong Kong, people have poured onto the streets to make their voices heard. However, according to the 536 updates by the CIVICUS Monitor, the fundamental right to peaceful assembly is under attack across the world. In fact, within the last year the CIVICUS Monitor documented that 96 countries either detained protesters, disrupted marches or used excessive force to prevent people from fully exercising their right to peaceful assembly.
“This data reflects a deepening civic space crisis across the globe. As millions of protesters spilled onto the streets, government response has been repression instead of dialogue,” said Marianna Belalba Barreto, Civic Space Research Lead at CIVICUS. “However, the fact that so many activists were brave enough to raise their voices, shows the resilience of civil society in the face of brutal repression.”
Nine countries have changed their civic space rating: seven countries have been downgraded and only two improved their rating. Worrying signs for civic space are recorded in Asia-Pacific, where three countries dropped a rating: Australia, India and Brunei. There is growing concern about the decline of democratic and civic rights in Europe, with Malta also being downgraded. Other countries on the slide include Nigeria, Comoros and Madagascar.People Power Under Attack 2019 also provides analysis on the kinds of violations most frequently recorded on the CIVICUS Monitor over the past year. Globally, censorship is the most common violation, occurring across 178 countries. From blocking websites and social media, to banning television programmes, governments across the world are going to great lengths to control public discourse and suppress free speech. The other top violations include:
There are bright spots emerging, as both Moldova and the Dominican Republic improved their ratings this past year. The Dominican Republic moved from the obstructed to narrowed category after civil society managed to challenge and overturn restrictive laws; these laws related to defamation cases and constitutional amendments which would lengthen Presidential terms.
Over twenty organisations collaborate on the CIVICUS Monitor to provide an evidence base for action to improve civic space on all continents. The Monitor has posted more than 536 civic space updates in the last year, which are analysed in People Power Under Attack 2019. Civic space in 196 countries is categorized as either closed, repressed, obstructed, narrowed or open, based on a methodology which combines several sources of data on the freedoms of association, peaceful assembly and expression.
Regional summaries and press statements:
For more information or to arrange an interview, please contact:
-
GREECE: ‘The criminalisation of solidarity has had a chilling effect’
CIVICUS speaks with Melina Spathari, Director of Strategy and Programmes at HumanRights360 (HR360), about theprosecution of civil society activists working with migrants and refugees in Greece.
HR360 is a Greek human rights civil society organisation (CSO) that seeks toprotect the rights of all people, empowering them to exercise their rights, with a focus on the most disadvantaged and vulnerable populations, including migrants and refugees.
What is the current situation for civil society activists and organisations helping migrants in Greece?
As the United Nations Special Rapporteur for human rights defenders stated following her official visit to Greece in June 2022, ‘defenders in the country working to ensure the rights of refugees, asylum seekers and migrants are currently under severe pressure… At the tip of the spear are prosecutions, where acts of solidarity are reinterpreted as criminal activity, specifically the crime of people smuggling… The negative impact of such cases is multiplied by smear campaigns perpetuating this false image of defenders’.
Since 2010, Greek ruling parties have demonised CSOs, criticising their use of public funding, to delegitimise their criticism of pushbacks of migrants and their condemnation of the conditions in reception and identification centres and refugee camps. In most cases, the allegations against CSOs later proved to be unfounded. This phenomenon is part of a worrying trend that negatively affects CSOs around the globe, which is why civil society has increasingly organised and developed strategies to resist and respond to the attacks they face from governments.
Why is the Greek government criminalising solidarity with migrants and refugees?
In the case of Greece, the speed and impetus of the ongoing crackdown has been fuelled by current trends in both international and domestic politics, involving hostile relations with Turkey and imminent elections in both countries. Deploying a witch-hunt against CSOs kills many birds with one stone: it helps the government gain votes from the far-right side of the political spectrum and helps it manage the damage caused to its reputation by wrong political decisions and neglectful practices. Last but not least, by vilifying CSOs that are active and vocal in the field of human rights, the authorities aspire to manipulate and silence civil society as a whole.
And to some extent, it has worked. Criminalisation has had a chilling effect. There have been some attempts among civil society to gather, discuss, assess the situation and work on a joint strategy, but these actions didn’t flourish. CSOs are now afraid to raise their voice, and we understand them: they have good reason to be intimidated. Still, some acts of solidarity have taken place, especially when those targeted were respected veteran human rights defenders.
Has HR360 been targeted?
In November 2022, the authorities stepped up an attack against our organisation: they demonised HR360 for receiving foreign funding aimed at regranting and disclosed the personal financial situation of HR360’s founders. The public prosecutor began a preliminary investigation, which hasn’t yet produced any outcomes. No information has been revealed, nor has any criminal process been ordered. HR360 finds itself in limbo, facing huge administrative and financial consequences and experiencing severe impacts on staff morale.
But HR360 is not the only victim of this vile smear campaign. In late 2022, the Prosecutor’s Office criminally charged Panagiotis Dimitras, director of the Greek Helsinki Monitor, and Tommy Olsen, founder and director of Aegean Boat Report, a Norwegian CSO that monitors and shares data about the movement of people in the Aegean Sea, for ‘forming a criminal organisation with the purpose of receiving details of citizens of third countries, who attempt to enter Greece illegally, in order to facilitate their illegal entry and stay’. Following the same pattern applied to HR360, Dimitras has been accused of repeatedly conducting activities aimed at gaining illegal income.
What support does Greek civil society need to resist and continue doing its work?
Greek civil society needs more international support, which is currently quite limited and restricted to its advocacy work – that is, it can be used to help migrants and refugees, but not for CSOs and activists to protect themselves and therefore retain the capacity to continue doing their work.
Right now, what Greek activists and CSOs need the most is legal support, including funding to cover legal fees. And in terms of changing the situation in the long term, what’s also needed is a well-organised European awareness campaign highlighting both the vital work civil society is doing and the attacks the government is subjecting it to. This would be very helpful, since bad publicity at the European level is one of the things Greek authorities fear the most.
Civic space in Greece is rated ‘obstructed’ by theCIVICUS Monitor. Its rating has recently beendowngraded.
Get in touch with HR360 through itswebsite or itsFacebook page, and follow@rights360 and@Melina_Spathari onTwitter.
-
GREECE: ‘Together we can do more’
CIVICUS speaks about the state of civil society and civic space in Greece with Sotiris Petropoulos, director of Higher Incubator Giving Growth and Sustainability (HIGGS), an initiative that seeks to strengthen Greek civil society organisations (CSOs) through education and support programmes and activities. HIGGS’ purpose is to mobilise the ‘invisible’ forces of the CSO ecosystem, stimulating people and organisations to undertake new, innovative initiatives, and providing the right conditions for their incubation and acceleration.
What are the current conditions for civil society in Greece?
Greece is a democracy with a relatively open civic space. The 2010 socioeconomic crisis enhanced a trend towards increasingly active CSOs playing an important role in covering societal needs. Nevertheless, we are witnessing a regression in the freedoms enjoyed by organised civil society in the form of barriers, mostly of a legal nature, that make CSO work more difficult.
A first indication of this trend was seen when the government elected in July 2019 started gradually creating a more strict and formal oversight system of Greek CSOs, mainly through the introduction of new official registries under relevant ministries, such as a register of CSOs working with migrants and refugees, and so on.
Then in October 2021 draft legislation on CSOs proposed by the Ministry of Interior was put out for public consultation. The initiative was aimed at establishing a single registry of CSOs to replace the existing nine separate databases, so as to enhance transparency about their activities and fundraising activities.
At first, many CSOs welcomed this initiative as an opportunity to strengthen civil society, abolish complicated and bureaucratic procedures, unify all existing registries and ensure a safe and independent environment for CSOs to operate.
However, it soon became clear that the proposed legislation was aimed in a different direction: it would establish mechanisms to monitor rather than support CSOs, enhancing bureaucratic procedures, adding new limitations – such as a requirement for all CSO board members to have a clean criminal record – and increasing their overall operational costs. Moreover, it included some points that were quite problematic, especially for new or small organisations. For instance, to access the registry CSOs would need to have their accounts assessed by certified auditors, a rather costly service, especially for many small-to-medium CSOs with fluctuating budgets. But even those that could afford it probably wouldn’t prioritise this expense and would rather use the funds on their substantive work – say, for buying 1,000 meals to distribute among homeless people.
Another problematic point was the so-called ‘three-year limitation’, a provision that CSOs must have been legally established for at least three years to be eligible to enter the new registry, creating another barrier for some organisations. These points, among others, would widen the gap between big and small organisations and, overall, would create new obstacles for civil society work. In retrospect, the proposed legal framework mirrored the government’s view that only big organisations are and can be transparent and efficient, which in fact runs counter to existing evidence.
In addition, the government’s proposal seemed to be part of an overall ‘policing approach’ towards the segment of civil society it cannot understand or control – a continuation of a measure that had been introduced a year earlier, establishing an even more problematic registry exclusively for CSOs operating in the field of migration and refugees.
How did society respond to the proposed initiative?
The draft law was published in October 2021, just five weeks before the parliamentary vote on the proposal. The timeline for public consultation was short, but the civil society response was fast and massive.
Major CSO networks established a task force to coordinate a joint strategy to respond collectively with specific proposals to improve the draft law.
The first step was to inform all CSOs about the draft law. HIGGS sent emails, posted the proposal on social media and held online public events. In the meantime, we started to draft and share a joint public statement and called on all CSOs to support it by co-signing it and sharing it. This public statement collected 303 signatures, an impressive number by Greek standards. It was one of the biggest collective actions of Greek civil society ever recorded.
Taking advantage of this momentum, we made targeted calls for action to motivate all CSOs to work, both together and individually, to put pressure on members of parliament by calling them on the phone, sending them emails and sharing briefing papers with them.
During the public consultation process, HIGGS put together a policy proposal that contained improvements to the draft law, which was supported by over 45 organisations.
We encouraged all networks to be loud about the draft bill. We all communicated every single development through our media channels, published joint press releases and created social media campaigns.
What did the campaign achieve?
In response to all these actions, the Minister of Interior, Makis Voridis, invited some organisations to working meetings and eventually included some of our policy proposals in the final version of the law.
Law 4873/2021 was passed in December and introduced a new registration procedure for CSOs that seek to access government funding and receive various tax and economic privileges. The process is clear and has clear timeframe. In addition, in the area of volunteerism, specific provisions for emergency situations that were missing were added.
We value the sense of unity, solidarity and power of joint forces as the greatest legacy of this process. This approach is something that most CSOs agreed was missing in Greek civil society, and there is much space to work towards this direction in the future.
What about the restrictions targeting CSOs that work with migrants and refugees?
Over the past few years, several measures were implemented that were meant to discourage or restrict the work of CSOs working in the field of human rights and migration.
In September 2020, the government introduced a ministerial decision that established that Greek and foreign CSOs working in the field of migration, asylum, and social inclusion in Greece must fulfil an exhaustive list of formal and substantive requirements to register with the Ministry of Migration and Asylum. The required documentation targets both the organisation and its staff, members and volunteers, and non-registration would automatically lead to operations being ceased. Moreover, the Ministry of Migration and Asylum was granted complete discretion to accept or reject a CSO’s application.
Among a huge amount of bureaucratic documentation, these CSOs were required to submit audit reports for the previous two years, entailing costs that may be too much of a burden for small grassroots CSOs. For staff, members and volunteers, CSOs must provide criminal records and proof of permanent residence in Greece. If an individual does not meet the requirements, not just the individual concerned but also the CSO may be withdrawn from the registration process.
Concerns over the transparency of the registration process soon increased, as a former political group affiliated with the ruling party turned into a CSO working in the field of asylum: it was approved to receive over €5 million (approx. US$5.5 million) in funding within a week.
Another initiative – the Deportations and Returns Bill – that was submitted to parliament in August 2021 contained provisions to restrict the operation of CSOs through criminal and financial sanctions for individuals and institutions.
On top of the ongoing criminalisation of solidarity towards migrant and refugees, we observed the first effects of these laws and regulations, such as the rejection of Refugee Support Aegean’s application for registration with the Ministry of Immigration and Asylum.
What’s next for Greek civil society?
The task force of civil society networks that was formed in response to the draft bill on the CSO registry did not dissolve after the bill was passed. It remains active and continues monitoring the implementation of the new legislation, pushing for changes to those articles that are found to create obstacles to the exercise of the right to freedom to association, and keeping all CSOs informed of any new developments.
In HIGGS we believe in joint actions, teamwork, and cooperation within civil society. We encourage various forms of networking – one of our mottos is ‘together we can do more’. This is our philosophy and to live up to it. Our programmes offer a variety of perspectives and promote unity and solidarity within the diversity of Greek civil society. The ecosystem of Greek CSOs is gradually entering its mature age. We expect advocacy to become a more core activity of CSOs, and we are working on it.
We view our experience of collaboration in the face of potentially damaging legislation as the beginning of a new area for Greek civil society – one in which the culture of cooperation makes all of us stronger.
Civic space in Greece is rated ‘narrowed’ by theCIVICUS Monitor.
Get in touch with HIGGS through itswebsite or itsFacebook andInstagram pages, and follow@HIGGS3HIGGS on Twitter. -
GUATEMALA: ‘Criminal law is being used as a weapon of political persecution’
CIVICUS discusses corruption in Guatemala and the criminalisation of anti-corruption activism with Claudia González, former member of the International Commission against Impunity in Guatemala (CICIG) and Virginia Laparra’s defence attorney.
Virginia Laparra is a former prosecutor of the Special Prosecutor’s Office against Impunity (FECI) who has recently been unjustly sentenced to four years in prison. The #LibertadParaVirginia (#FreedomForVirginia) campaign is mobilising in response.
-
GUATEMALA: ‘Our democracy is at risk in the hands of political-criminal networks’
CIVICUS speaks with Evelyn Recinos Contreras about Guatemala’s general elections – where a candidate promising reform has surprisingly made the second round of the presidential race – and the prospects for democratic change and opening up civic space.
Evelyn is a former investigator for the International Commission against Impunity in Guatemala (CICIG) and former advisor to the Attorney General of Guatemala. She is currently living in exile because of her human rights activism.
What is the state of civic space in Guatemala?
Civic space in Guatemala is under serious threat. To understand this better, one must understand that, as a consequence of armed conflict, the social fabric is broken. There is hardly any grassroots citizen engagement to speak of. The sectors that for decades served as an engine of social change, such as teachers, trade unionists and high school and public university students, have been irreparably affected by the violence.
Of these, probably the only grassroots sector that remains organised is Indigenous Mayan peoples, who fight for the defence of their territory and natural resources. In addition, in urban areas, civil society human rights and pro-democracy organisations have organised their work around strengthening democratic institutions, with much emphasis on the issue of justice.
It is precisely these sectors that are once again being hit by authoritarianism and state violence. In the interior of the country, thousands of community leaders are being criminalised and entire communities are subject to arrest warrants and threatened with criminal prosecution. A similar situation is experienced in urban areas, where the justice system has been captured by political-criminal networks that use state platforms to fund their criminal endeavours and intimidate justice operators, human rights defenders and activists who fight for human rights and the strengthening of civic space and democracy.
Networks of corruption and impunity affect the democratic space, as evidenced by the fact that people such as Thelma Cabrera of the People’s Liberation Movement were prevented from registering as candidates and participating in the elections.
What are the causes of Guatemala’s democratic erosion?
Democracy in Guatemala is being eroded by political-criminal networks that have taken over institutions and use them for their own benefit rather than the wellbeing of the public and the strengthening of democracy. But it has been a gradual and almost imperceptible process. Several key institutions have been weakened, such as the National Civil Police, which is in charge of two main tasks: crime prevention and the maintenance of citizen security, and collaboration in criminal investigations. For years, civil society worked with police commanders to build an institution at the service of democratic security, so that its work would serve to produce a civic space in which citizens could enjoy their fundamental rights and live a dignified life free of violence. But since 2017 we have seen the institution weakened, with commanders being dismissed and resources being misused.
Similar problems can be found in the judiciary. High courts have not followed their normal process of renewal: they have not held elections for new magistrates. In addition, the last two elections they held were denounced and investigated for acts of corruption. The Public Prosecutor’s Office has also been weakened by a policy of criminal prosecution and criminalisation of justice operators, which has also meant the sidelining of investigation of crimes against life, violence against women and property crimes, which hit citizens hard. Rates of violence and insecurity in Guatemala are almost as high as in countries undergoing internal armed conflicts.
Do you think that the anti-corruption struggle has failed in Guatemala?
It is very difficult to provide an absolute answer to the question of the success or failure of the fight against corruption in Guatemala. I think the cases that were brought to trial were supported by evidence and due process was respected. In that sense they were successful. But this was only part of the fight against corruption, because the law provides a limited platform. The damage to society had already been done and resources had already been lost.
The fight against corruption is only truly successful when there is a level of social involvement that leads to scrutiny of public officials and a sustained demand of accountability. Sadly, we are not there yet.
For those who have been involved in the fight against corruption, the negative consequences have been obvious. Prosecutors, judges, human rights defenders, activists and community leaders are being persecuted on unfounded charges and pushed towards exile. This sends a strong message of fear to Guatemalan society. But I am convinced that the struggle does not end here. We deserve a country where we can all live in freedom and dignity. The Mayan people have been resisting for more than 500 years, so I think they are our best example to follow.
Do you think a positive change could come out of this election?
I believe there is hope. People have shown they are tired of the same murky forces that for years have embodied voracious economic interests that exploit peoples and territories and are characterised by discrimination, double standards and structural violence.
The fact that one of the contenders in the runoff is the Semilla party, born out of the anti-corruption protests of 2015 and bringing together many people who have never participated in political parties before, is evidence of a desire for change. People rejected the usual political actors who represent archaic economic interests and embody authoritarian and corrupt forms of politics.
For change to really materialise, we need the international community to turn its eyes to Guatemala. The risk to our democracy at the hands of political-criminal networks must not go unnoticed. We need the international community to draw attention to and speak out about the situation in our country, because the violation of the human rights of Guatemalans affects our shared humanity.
Civic space in Guatemala is rated ‘repressed’ by theCIVICUS Monitor.
-
GUATEMALA: ‘These elections are key because they give us a chance to take a different path’
CIVICUS speaks with Jordán Rodas Andrade about Guatemala’s general elections – where a candidate promising reform has surprisingly made the second round of the presidential race – and the prospects for democratic change and opening up civic space.
Jordán Rodas is a lawyer specialising in constitutional guarantees and fundamental rights, transparency and anti-corruption. In addition to being a university professor, in 2015 he was elected vice-president of the Guatemalan Bar Association and between 2017 and 2022 he was Guatemala’s Human Rights Ombudsman. In exercising this role he was repeatedly criminalised and threatened, as a result of which he had to go into exile.
How have civic space conditions changed in Guatemala in recent years?
In recent years there has been a very worrying deterioration of civic space in Guatemala, which has worsened under the current president, Alejandro Giammattei. His predecessor, Jimmy Morales, a comedian-turned-president, left very bad practices in place, but these reached extreme levels under Giammattei.
In recent years, many human rights defenders, land rights defenders, journalists and justice defenders have had to leave our country, forced by a hostile climate of persecution and criminalisation. This closure of spaces and the absence of an independent press have produced fertile ground for the advance of an authoritarian regime. These elections are key because they give us Guatemalans a chance to take a different path for the good of our country.
What drove you into exile?
In my five years as prosecutor, I was criminalised with 18 pretrial proceedings, all of which were rejected. It is exhausting to have to constantly defend yourself against such a succession of spurious accusations. Then I had eight requests for removal from office by members of congress, in addition to a crippling financial suffocation.
Above all, I have witnessed the weakening of justice. Many had to take the difficult decision to leave the country to save their lives, their freedom or their integrity. Among them are Juan Francisco Sandoval, former head of the Special Prosecutor’s Office against Impunity (FECI), Erika Aifán, an independent judge, Judge Miguel Ángel Gálvez and many others who in one way or another touched the heartstrings of political and economic power.
It is no coincidence that behind the persecution of justice operators and journalists is often the Foundation Against Terrorism, directed by business leader Ricardo Méndez Ruiz, who has been accused by the US government of acts of corruption and acts against democratic institutions. This organisation was a plaintiff in the criminal proceedings against Virginia Laparra, former FECI prosecutor in Quetzaltenango, who has been in prison for more than a year and who should never have been detained for denouncing cases of corruption of a judge. Whistleblowing is not a crime anywhere in the world.
The same organisation criminally prosecuted José Rubén Zamora, the founder of newspaper elPeriódico, one of the government’s main critics who for years has denounced corruption. Zamora was recently sentenced to six years in prison for several alleged crimes, including money laundering. This sent a very serious message against press freedom. The independent press has had to self-censor and yet it continues to fight this battle.
I was still in Guatemala when Zamora was captured, and so I decided to distance myself. I left in August but returned in December, by land, to participate in the assembly of the People’s Liberation Movement (MLP), which proclaimed Thelma Cabrera, an Indigenous Maya Mam woman, as its presidential candidate and myself as its vice-presidential candidate. Four years ago, the MLP came in fourth place, but in a context of social malaise in the face of corruption and thanks to its opening up to mestizo people – people of mixed European and Indigenous heritage – I thought it had a good chance of entering the second-round race.
But my successor in the prosecutor’s office filed a spurious complaint against me, as a result of which our presidential ticket was blocked. I was systematically refused information about the content of the complaint. In other words, this was used to take us out of the race. Since then, I have continued the struggle from exile. This may not be what you want, but it is what you have to do.
Under what conditions would you decide to return to Guatemala permanently?
I was just talking about this last week following a work meeting with the Guatemalan state mediated by the Inter-American Commission on Human Rights (IACHR). I have been the beneficiary of a precautionary measure from the IACHR since 2017. These measures establish that the state has the obligation to ensure and guarantee a person’s life, integrity, security and liberty, and in my case the state of Guatemala has not complied with it. In order to return, I would need as the minimum that the state does not persecute or criminalise me.
There are currently two accusations against me, one filed by the Human Rights Ombudsman’s Office and another by the Comptroller General’s Office. I have no official knowledge of what the accusations are because I don’t have access to the documents; I have requested them through access to information requests. But it seems to me they are related to the fact that in my declaration of assets I said that I had handed over on 20 August, which is when my constitutionally established term ended, but I left the country on 18 August, leaving the deputy attorney general in charge, as the law dictates. In other words, there was no falsehood or crime. This case is under reserve, and I have asked the state, as a sign of goodwill, not to extend this reserve but to hand over a copy of the complaint so I can defend myself, and to guarantee my life and safety, and that of my family in Guatemala.
Has the fight against corruption in Guatemala failed?
The fight against corruption has not failed, but it has stalled as a result of a well-thought-out strategy of a corrupt alliance of political officials and private sector actors.
However, today more than ever I hope that we will learn the painful but positive lessons from the International Commission against Impunity in Guatemala (CICIG), which I believe has more lights than shadows. I hope that from that learning we can, sooner rather than later, take up the fight against corruption again.
International support will continue to be indispensable because our justice system is very porous, permeated by organised crime and lacking institutionality. Three of the nine magistrates of the Supreme Court of Justice and several other judges and judicial officials are on the US State Department’s Engel List of people who have committed acts of corruption or have participated in actions to undermine democracy in their countries. Members of the Supreme Electoral Tribunal have been accused of falsifying their doctoral degrees to get elected and the Human Rights Ombudsman was Giammattei’s human rights officer in the prison system at the time he launched ‘Operation Peacock’, a police operation that resulted in a massacre and eventually cost Giammattei 10 months in prison, but also launched its presidential bid. Hence the trust that exists between these two officials.
But it is clear that people are tired of all this and they showed it at the ballot box on 25 June, when they said no to a return to the past and yes to a proposal that sends a message of hope for the fight against corruption. This was clearly put by the candidate who represents this hope, Bernardo Arévalo, who made it to the second round against all odds.
Do you consider these elections to have been free and competitive?
The presidential election was not free and competitive, because a fair election requires not only that there be no fraud on voting day, but also that a series of elements are present throughout the process, from the moment the elections are called. The election was called on 20 January, and on 27 January the state closed the door on us and prevented our participation. Not only did this violate our right to stand for election, but it also restricted citizens’ right to have a full range of options.
In reaction to this exclusion, Thelma Cabrera called for a null vote, and numbers don’t lie. The null vote actually won, with 17 per cent, a higher share than that received by the candidate who came first, Sandra Torres, who got around 15 per cent. People are clearly fed up.
The unfairness of the competition also manifested itself in the official party’s handling of public resources and the government’s extremely close relationship with some Supreme Electoral Tribunal magistrates.
But the fact that Bernardo Arévalo managed to enter the second round is, alongside the mass of null votes, blank votes and abstentions, a sign of enormous rejection of the system. I have high expectations for the second round, in which I hope that the Guatemalan people will participate massively and take advantage of this opportunity to choose a better future.
What would Guatemala’s new government need to do to put the country back on the road to democracy?
Above all, the anti-corruption message must be accompanied by real action. Revenge against justice operators must stop, the rule of law must be restored and the freedom of the independent press must be guaranteed.
The new president should form a cabinet inclusive of progressive sectors. He should convene political parties, social forces and Indigenous peoples’ movements to jointly make a proposal that ensures public policies benefit those most in need.
The new government should totally dissociate itself from the malpractices of the past and be very careful about power’s temptations. Its responsibility to those who have placed their trust in it must prevail. There will be temptations along the way, so it is essential that it place its bets on people who are ethical, capable and consistent with the values projected in the electoral campaign, as people voted for them because they recognised them first and foremost as an honest party. Bernardo is surely the most interested in honouring the legacy of his father, former president Juan José Arévalo. His government could become a third government of the revolution, taking up and improving on the great achievements of that democratic springtime that took place between 1944 and 1955.
Civic space in Guatemala is rated ‘repressed’ by theCIVICUS Monitor.
Get in touch with Jordán Rodas through his Facebook or Instagram pages, and follow him on TikTok and Twitter.
-
Guatemala: Las autoridades detienen a Jerson Antonio Morales al tiempo que continúan los ataques contra defensores de los derechos indígenas
La alianza global de la sociedad civil CIVICUS condenó el arresto y la detención ilegal del periodista y activista de los derechos indígenas Jerson Antonio Xitumul Morales por parte de las autoridades guatemaltecas, el 11 de noviembre de 2017.
-
GUINEA: ‘The democratic future of the region is at stake in our country’
CIVICUS speaks about the lack of progress in the transition to democracy in Guinea since its 2021 military coup with Abdoulaye Oumou Sow, head of communications for the National Front for the Defence of the Constitution (FNDC).
The FNDC is a coalition of Guinean civil society organisations and opposition parties founded in April 2019 to protest against former President Alpha Condé’s proposed constitutional change to seek a third term. The coalition continued to fight for a return to constitutional rule after the September 2021 military coup. On 8 August 2022, the transitional governmentdecreed its dissolution, accusing it of organising armed public demonstrations, using violence and inciting hatred.
Why is there a delay in calling elections to restore constitutional order?
The National Committee of Reconciliation and Development (CNRD), the junta in power since September 2021, is more interested in seizing power than organising elections. It is doing everything possible to restrict civic space and silence any dissenting voices that try to protest and remind them that the priority of a transition must be the return to constitutional order. It is imprisoning leaders and members of civil society and the political opposition for mobilising to demand elections, and has just ordered the dissolution of the FNDC under false accusations of organising armed demonstrations on the streets and acting as a combat group or private militia.
What are the conditions set by the military and how has the democratic opposition reacted?
In violation of Article 77 of the Transitional Charter, which provides for the duration of the transition to be determined by agreement between the CNRD and the country’s main social and political actors, the military junta has unilaterally set a duration of 36 months without listening to the opinion of social and political forces. The junta is currently set on not listening to anyone.
The military are savagely repressing citizens who are mobilising for democracy and demanding the opening of a frank dialogue between the country’s social and political forces and the CNRD to agree on a reasonable timeframe for the return to constitutional order. Lacking the will to let go of power, the head of the junta is wallowing in arrogance and contempt. His attitude is reminiscent of the heyday of the dictatorship of the deposed regime of Alpha Condé.
What has been the public reaction?
Most socio-political forces currently feel excluded from the transition process and there have been demonstrations for the restoration of democracy.
But the junta runs the country like a military camp. Starting on 13 May 2002, a CNRD communiqué has banned all demonstrations on public spaces. This decision is contrary to Article 8 of the Transitional Charter, which protects fundamental freedoms. Human rights violations have subsequently multiplied. Civic space is completely under lock and key. Activists are persecuted, some have been arrested and others are living in hiding. Despite the many appeals of human rights organisations, the junta multiplies its abuses against pro-democracy citizens.
On 28 July 2022, at the call of the FNDC, pro-democracy citizens mobilised to protest against the junta’s seizure of power. But unfortunately, this mobilisation was prevented and repressed with bloody force. At least five people were shot dead, dozens were injured and hundreds were arrested. Others were deported to the Alpha Yaya Diallo military camp, where they have been tortured by the military.
Among those arrested and currently held in Conakry prison are the National Coordinator of the FNDC, Oumar Sylla Foniké Manguè, the FNDC’s head of operations, Ibrahima Diallo and the Secretary General of the Union of Republican Forces, Saikou Yaya Barry. They are accused of illegal assembly, destruction of public buildings and disturbances of public order.
How can the international community, and the Economic Community of West African States (ECOWAS) in particular, give the pro-democracy movement the support it needs?
Today it is more necessary than ever for the international community to accompany the people of Guinea who are under the thumb of a new military dictatorship.
The democratic future of the region is at stake in our country. If the international community, and ECOWAS in particular, remains silent, it will set a dangerous precedent for the region. Because of its management of the previous crisis generated by the third mandate of Alpha Condé, Guinean citizens do not have much faith in the sub-regional institution. From now on, the force of change must come from within, through the determination of the people of Guinea to take their destiny in hand.
Civic space in Guinea is rated ‘repressed’ by theCIVICUS Monitor.
Get in touch with the FNDC through itswebsite or itsFacebook page and follow@FNDC_Gn on Twitter. -
HONDURAS: ‘We must address the roots of the conflict: the handing over of natural resources’
CIVICUS speaks about the criminalisation of environmental, land and territorial defenders in Honduras with Edy Tábora, director of the law firm Justicia para los Pueblos (Justice for the Peoples) and coordinator of the group of defence lawyers of eight defenders of the Guapinol river who were recently released from detention.
Why were the Guapinol defenders criminalised?
The case of the eight Guapinol comrades deprived of their freedom is one of the most revealing expressions of the conflicts around mining and energy and the dispossession of land and natural resources in Honduras. Along with that of Berta Cáceres, the Guapinol case is one of the most significant ones.
Berta’s case, which culminated in her assassination, was the first in a new wave of criminalisation surrounding dispossession projects following the 2009 military coup. Her case displayed all the typical elements: stigmatisation, surveillance, rupture of the social fabric, criminalisation. The same pattern can be seen in many parts of Honduras.
After the coup, there was a privately conducted exploration of mineral deposits and businesspeople realised there was a lot of money to be made here. In the case of Guapinol, the process kicked off with the granting of an iron oxide mining concession – one of the largest in the country – to Los Pinares, a holding company registered in Panama, owned by an extremely wealthy Honduran family. Its mining business was developed jointly with the US company Nucor.
Nucor claims to have withdrawn from the project in late 2019 due to the conflict triggered by the criminalisation of the Guapinol defenders, but there is no evidence of this and we do not believe it to be true. Los Pinares is simply the mining arm of a company whose power comes from airport concessions at home and abroad. It is a company with high-level political connections, and with so much power that in 2013 it succeeded in getting the National Congress to change the delimitation of the core zone of a national park.
On 22 April 2013, the day before a new mining law came into force, applications were submitted for the two mining concessions related to the Guapinol case, both located in the core zone of the Montaña de Botaderos National Park. This had been declared a national park in 2012, as part of a ‘friendly settlement’ with the relatives of Carlos Escaleras, a social leader and environmental defender active in the 1980s and 1990s, who was assassinated for defending this mountain. The statute of the national park, which bears the name of Carlos Escaleras, prohibited the granting of mining concessions in its core zone and even its buffer zone.
However, in 2014, engineers began to arrive on the mountain to collect information and check how deep down metal was deposited. People noticed this, began to demand an explanation and organised in the Municipal Committee of Public and Common Goods of Tocoa.
In June 2016 they began to file complaints; some were filed by the Guapinol defenders who ended up in prison. They requested information from the institutions in charge of granting mining permits but only obtained some information in November 2019, after three years of back and forth. Tired of not getting answers, in June 2018 people started protesting at the Municipality of Tocoa Colón. It was then that systematic surveillance by the national police and Los Pinares security began.
In August 2018, the Honduran Council of Private Enterprise held press conferences in which it complained to the government about an alleged loss of 20 billion dollars caused by ‘vandals’ protesting in various parts of Honduras.
Criminalisation was a nationwide strategy, but the criminalisation of the Guapinol comrades was the most serious case. On 8 September 2018, the Public Prosecutor’s Office presented the first accusation against 18 comrades for the crimes of usurpation, damage and usurpation of public space. Los Pinares appeared in the hearings as the accuser. Fourteen comrades were put on trial and all their cases were closed, but the fact that they were accused enabled the illegal eviction, in October 2018, of the Camp for Water and Life, one of many set up around Honduras. This was one of four charges brought by the Public Prosecutor’s Office as part of the strategy to criminalise resistance movements against mining and energy projects.
In January 2019, in response to a complaint filed by Los Pinares, the Public Prosecutor’s Office filed another indictment against 32 people, including eight Guapinol comrades. The nature of the charges changed: it was no longer about usurpation of public space but about organised crime. Human rights defenders were now treated as taking part in organised crime, with charges including criminal association, theft, damage, unjust deprivation of liberty and aggravated arson. The case was assigned to the Specialised Court for Organised Crime, which meant it was transferred from local to national jurisdiction, in violation of the right to be tried by one’s natural judge.
Of the 32, a first group voluntarily submitted to trial in February 2019 and was kept in prison for only 10 days before the accusations against them were dismissed. The Guapinol eight, however, despite having voluntarily submitted to trial, were subjected to arbitrary detention from 26 August 2019 until 24 February 2022, when they finally regained their freedom.
What did civil society do to secure their release?
During the pandemic, Guapinol was one of the most high-profile cases globally. Not even the pandemic could stop our comrades’ defence. We quickly moved our activities online, and by late April 2020 we were already filing habeas corpus writs for our comrades’ right to health, alongside international organisations. Even under these conditions, we managed to set up discussions with important organisations, and three months after the pandemic began, we restarted our advocacy work, which meant that by the time the trial started, the case had become very well known around the world.
Initially the case was promoted by the Coalition Against Impunity, which brings together more than 50 Honduran civil society organisations (CSOs). Later, many CSOs joined a kind of international support group for the case.
First, we publicly denounced the violence and criminalisation against the Municipal Committee. Second, before our comrades were imprisoned, we documented the irregular granting of concessions for natural resources. Third, alongside several Honduran CSOs, we organised our comrades’ legal defence. A working group was then organised including national and international CSOs to support the defence. A lot of advocacy work was done, both nationally and internationally, to convince the public that this was a very important case and to counter the company’s account of the violence allegedly committed by our comrades.
Documentary and testimonial work was crucial to expose our comrades’ real activism. We had many meetings with international CSOs. Canadian, US and European organisations and academics reported on the concession and the legal process. International CSOs filed amicus curiae – friend of the court – briefs with Honduran courts. We participated in multiple forums with national and international organisations.
Many actions converged to create a powerful wave of demands for our comrades’ release. CIVICUS’s and Amnesty International’s campaigns, for example, allowed us to reach wider audiences. When the trial came, the case was widely known, and less than 24 hours after the end of the trial, in which our comrades were convicted with two thirds of the court’s votes, the Supreme Court of Justice annulled the whole process and ordered them to be released.
This was an unprecedented decision, surely motivated by the strength of the demand for their freedom and by the evidence presented, both in and out of court, which demonstrated that our comrades were innocent and that they fight for a just cause that is of great interest to humanity.
Are there other cases like the Guapinol case in Honduras?
There are many defenders criminalised for defending land, including some from the Garífuna people, a marginalised minority, but they are not in prison. Many comrades were also imprisoned for defending democracy in the aftermath of 2017’s electoral fraud: around 30 people were imprisoned in maximum security prisons, but they are currently free. Most pending cases are being closed as a result of an amnesty issued by the National Congress in February 2022.
In that sense, the Guapinol case was an exception, because this amnesty did not apply to them. What’s important about this case is that we managed to close the process by defending ourselves even with the highly questionable tools offered by the Honduran judicial system.
However, there were other cases at the same time as Guapinol, such as that of the Indigenous comrades of the Lenca people in the department of La Paz, who were accused of forced displacement. They were imprisoned for more than a year for a crime that is the craziest thing I have ever heard: they were accused of displacing landowners. The Public Prosecutor’s narrative uses the made-up concept of ‘reverse racism’, according to which Indigenous peoples can also commit discrimination against minorities within their communities – the minority in this case being the landowners.
Do you view Guapinol as part of a pattern of criminalisation against environmental defenders?
We have detected patterns of criminalisation by sector in the cases we have monitored. For example, between 2011 and 2016 one of the most criminalised sectors was the student movement mobilised in defence of public education. Some 350 students, mostly university students, were criminalised.
In the case of environmental defenders, we were able to document several patterns of criminalisation. Again and again, prosecutions were initiated only a few days after pronouncements by companies or employers’ organisations. The behaviour of the police and the Public Prosecutor’s Office has also been similar in all cases, with an initial focus on eviction and accusations changing over time following the same pattern. The narrative peddled by companies is always the same as well, often because they share the same lawyers.
Criminalisation follows different patterns depending on the interests affected. The crimes people are accused of when challenging mining interests differ from those used to dispossess communities of land for the construction of tourism megaprojects or the plantation of African palm in the Atlantic zone, and from those used against peasants claiming access to land and crops.
However, all the groups criminalised over the past 15 years have something in common: their resistance to the project, promoted since the 2000s, of handing over natural resources to private companies. Land grabbing was politically supported the state following the coup: from that moment on, national regulations were made more flexible to facilitate dispossession and the national police and the security forces of the Public Prosecutor’s Office and the judiciary were placed at the service of the private sector, which used them to criminalise land rights defenders.
Has there been any improvement in the situation of environmental defenders since the new government came to power in January 2022?
The new government brought several positive changes. First, while we had already achieved the closure of several emblematic cases, it decreed an amnesty that resulted in the closure of most legal proceedings against defenders, although there are still some cases pending.
Second, the new government has put an end to the state’s stigmatisation of land struggles, which used to make use of information obtained by state security forces. And third, for the time being the government has not tackled conflicts with violence. People who protest are not being repressed.
In recent years state violence was deployed to manage social protest, private violence was reflected in the assassination of defenders, and hybrid violence was seen in the area of surveillance. Over the four years of the current government we may no longer witness violent management of social protests, but there is a chance that state violence will be replaced by private corporate violence.
What are the challenges ahead?
The challenge right now is to address the causes of criminalisation. We have worked to defend and support our comrades criminalised by the state and private companies, but we have never been able to address what’s at the root of the conflict: the handing over of natural resources. Preventing the criminalisation of defenders is a big step, but we must address the issue of concessions, which in fact continue. Approved projects are waiting to be implemented. If we don’t seize the moment to address this problem, then when the government’s political colour changes, private companies will come back stronger and criminalisation will intensify.
Moreover, social movements are worn out after 12 years of resistance against the handing over of natural resources. There must be accountability, reparations for victims and guarantees of legal security for defenders to be able to do their work. The hostile legal framework for exercising rights and defending human rights that has been established in recent decades must be reversed.
Civic space in Honduras is rated ‘repressed’ by theCIVICUS Monitor.
Learn more about the Guapinol case on itswebsite and follow@Edy_Tabora on Twitter. -
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.
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: ‘The National Security Law infringes on freedom of expression and is intensifying self-censorship’
CIVICUS speaks with Patrick Poon, an independent human rights researcher, on the human rights situation in Hong Kong after a new National Security Law (NSL) was passed in June 2020. Patrick is a PhD researcher at the University of Lyon, France, and has previously worked as a China Researcher at Amnesty International and in various positions at China Human Rights Lawyers Concern Group, Independent Chinese PEN Center and China Labour Bulletin.
Civic space in Hong Kong is under renewed attack sincemass protests for democratic freedoms, sparked by a proposed Extradition Bill, began in June 2019. TheCIVICUS Monitor has documented excessive and lethal force by the security forces against protesters, arrests and the prosecution of pro-democracy activists as well as a crackdown on independent media.
Why has the NSL been imposed in Hong Kong and what have its impacts been so far?
The NSL, imposed by the Chinese government on 20 June 2020, without any consultation or legislative oversight, empowers China to extend some of its most potent tools of social control from the mainland to Hong Kong. The law includes the creation of specialised secret security agencies, allows for the denial of the right to a fair trial, provides sweeping new powers to the police, increases restraints on civil society and the media and weakens judicial oversight.
The new law undermines Hong Kong’s rule of law and the human rights guarantees enshrined in Hong Kong’s de facto constitution, the Basic Law. It contravenes the International Covenant on Civil and Political Rights, which is incorporated into Hong Kong’s legal framework via the Basic Law and expressed in its Bill of Rights Ordinance.
The Chinese government’s intention is to use the NSL to curb advocacy and support for independence as more people, especially young people, have increasingly embraced Hong Kong’s autonomy and their identity as Hongkongers. Although Hong Kong’s Basic Law enshrines a high degree of autonomy, the Chinese government apparently regards calls for autonomy and self-governance as a ‘danger to national security’.
The NSL has seriously infringed Hong Kong people’s freedom of expression and is intensifying self-censorship in the city. Under the NSL, people who advocate for independence, as well as politicians and prominent figures who support foreign governments’ sanctions on Hong Kong and Chinese officials who are responsible for enacting the NSL, have been the target of the arbitrary arrests. The government is obviously attempting to scare off others not to follow these people’s calls.
Independent media have also been affected by the crackdown. The arrests of Jimmy Lai, media mogul and founder of popular local paper Apple Daily, and senior executives in his company, signify the government’s attempt to punish news media that are critical of it. Reports about criticism against the NSL and calls for sanctions by foreign government officials become the excuse for the crackdown on independent media. This will have long-term impact on Hong Kong media, even further intensifying self-censorship for some media outlets.
How have civil society and the pro-democracy movement responded?
Civil society has reacted strongly against the law because the process to enact it violated the principle of the rule of law and procedural justice in Hong Kong, and the vague and broad definitions of various provisions of the law exceed the normal understanding of law in the city. Pro-China politicians and government officials have been trying hard to justify the law, but their arguments are preposterous.
How have the opposition and civil society reacted to the government’s decision to postpone the legislative election due to the COVID-19 pandemic?
The 2020 Hong Kong Legislative Council election was originally scheduled for 6 September 2020, but in July the Hong Kong Chief Executive, Carrie Lam, cited an upsurge in COVID-19 infections and used her emergency powers to postpone it for a whole year, so now it’s expected to take place on 5 September 2021. She denied that the change was due to any political speculation, but it was in fact a blow for pro-democracy activists, who were seeking a majority on the Legislative Council.
In the midst of massive protests, pro-democracy candidates had already won by a landslide in the 2019 District Council election. Along with the new NSL, the postponement of the election was viewed as part of the government’s strategy to neutralise the pro-democracy movement. Just prior to the announcement that the election was being postponed, 12 opposition candidates were disqualified from running, and four young former members of a pro-independence student group were arrested under the NSL for their pro-independence posts on social media.
The postponement of the election created some conflict among the pro-democracy camp, with some calling for keeping up the fight in the Legislative Council and others urging a boycott over the government’s decision to postpone the elections. From the government’s decision to disqualify some pro-democracy candidates for their political views, it is clear that the government doesn’t want to hear any opposition voices in the legislature.
What can the international community and international civil society organisations do to support civil society in Hong Kong?
Civil society in Hong Kong needs to work together to ensure that the Chinese government and the Hong Kong government will not abuse the NSL to curb all dissenting views and closely monitor if the government abides by the principle of the rule of law and international human rights standards.
The international community should continue speaking up against the Chinese and Hong Kong government’s crackdown on civil society and keep raising concerns about the NSL, which is being forcibly imposed on Hong Kong by the Chinese government in the name of national security, but in fact is no more than an attempt to silence dissenting views in the city. The international community should send a clear message that national security should not be used as an excuse to crack down on the freedom of expression.
Civic space in China is rated as ‘closed’ by theCIVICUS Monitor.
-
HONG KONG: ‘This is a leader-full movement, ran by countless small networks of talented people’
CIVICUS speaks about the protests that have rocked Hong Kong since June 2019 with Johnson Ching-Yin Yeung, democracy movement organiser and chairperson of the Hong Kong Civil Hub. The Hong Kong Civil Hub works to connect Hong Kong civil society with like-minded international stakeholders willing to help promote the rule of law, democracy and human rights in Hong Kong.
What triggered the mass protests that have taken place for several months?
The protests had both short and long-term causes. When Hong Kong was decolonised in 1997, China signed an international treaty promising that people in Hong Kong would enjoy a high degree of autonomy. In other words, Hong Kong would have its own government, legislation, courts and jurisdiction. But, long story short, China is not fulfilling that promise and Hong Kong is slowly becoming more like China due to Chinese intervention in our government and judiciary. Following the2014 Umbrella Movement, there have been increasing restrictions on the freedom of association, and for the first time in decades the government made use of colonial-era laws and outlawed organisations that advocated for Hong Kong’s independence. We expect restrictions on association, funding and exchanges with international organisations and civil society to increase over the next few years.
Political participation has also been under attack. In 2017, for the first time since 1997, a few lawmakers were disqualified and expelled from the legislature. In the past three elections there have been disqualifications of candidates. This is becoming a major tactic used by China, based on claims that certain candidates are not respecting the law or they will not be loyal to Beijing. This explains why at some point people decided to take their grievances to the streets, given that most institutional channels for political demands are shut down.
People took to the streets in 2014, under the Umbrella Movement. But protest is being severely punished. In April 2019, several pro-democracy leaders weresentenced to eight to 16 months in prison. Local leaders who advocate for political independence have also been punished with up to seven years of imprisonment.
The current protests began in June 2019. On 9 June,more than a million people mobilised against the Extradition Bill, aimed at establishing a mechanism for transfers of fugitives to mainland China, currently excluded in the existing law. Three days later, the legislature decided to continue the legislation process regardless of the opposition seen on the streets, so people besieged the parliamentary building, to which the Hong Kong police reacted with extreme brutality, firing teargas and rubber bullets, shooting into people’s heads and eyes.
Amnesty International made a comprehensive report on the incidents of 12 June and concluded that the police had used excessive force, even though the protest had been authorised by the Hong Kong government.
What changed after the repression of 12 June?
There was a huge outcry because we had never experienced this kind of repression before, and two million people – almost one quarter of the population of Hong Kong – took part in the protests that took place four days after.
From then on, protesters had a few additional demands on top of the initial demand that the extradition agreement be withdrawn, something that happened three months after the first protest. Protesters demanded the release of the arrested demonstrators and the withdrawal of the characterisation of the protests as riots, which is cause enough to hold someone and convict them: all it takes is for a defendant to have been present at the protest scene to face up to 10 years in prison for rioting. Protesters also demanded an independent inquiry into police activity. Over the past six months we’ve documented a lot of torture during detentions. Excessive force is used all the time against peaceful protests, so people really want the police to be held accountable. A recent survey showed that 80 per cent of the population support this demand. But the government is relying solely on the police to maintain order, so they cannot risk such investigation. Last but not least, there is the demand of universal suffrage and democratic rights, without which it is difficult to foresee anything else changing for real.
What did not change was the government reaction and the police repression.Over the next few months, around 7,000 people were arrested – 40 per cent of them students, and 10 per cent minors – and around 120 people were charged. The fact that only 120 out of the 7,000 people arrested were charged shows that there have been lots of arbitrary arrests. The police would arrest people on grounds of illegal assembly. I was arrested in July when I was just standing in front of the corner line. I complied with police instructions, but I still got arrested.
Thousands of people were injured during the protests. The official number is around 2,600 but this is a very conservative estimate because more than half of the injured people were not brought to public hospitals and did not seek medical assistance because they were afraid they would be arrested. Some doctors and nurses organised underground settlements to treat serious injuries like infections or rubber bullet injuries. But they had to remain anonymous and there simply were not enough of them and they didn’t have enough medical supply. There have been at least 12 suicides related to the protest movement. Lots of people have gone missing. Students and activists who are arrested are often deprived of their right to a lawyer and a phone call, and no one knows where they are detained. In many cases, it’s hard to verify whether people are in fact missing or have fled the country.
Analysts have claimed that the strength of the current protests lies in their ‘leaderless’ character, something that prevents the government stopping the movement by jailing leaders. Do you agree with this characterisation?
Many observers have seen the way we have used technology to coordinate the protests and they have concluded that our movement has no leaders. It is true that our movement is characterised by the decentralisation of communications and mobilisation. But this does not mean it is aleaderless movement. On the contrary, the Hong Kong protest movement is a leader-full movement: it is full of leaders and is run by countless small networks of talented people capable of organising and coordinating action on their own.
While the demography of the protests is quite diverse in terms of age, background and social class, more than the 50 per cent of protesters are female, and the major force of the protests are people aged 20 to 49. There is also a strong presence of highly educated people: more than 85 per cent of protesters have tertiary education or above.
But a notable characteristic of this disparate protest movement has been its unity, which may have resulted from the longstanding repression of civil society. When the leaders of the 2014 protests – most of them young students – were sentenced to prison, older people showed up at the protests because they felt that they had not been doing enough. People also united against police brutality, because there was no previous history of such a serious crackdown on protesters and people felt morally responsible to show up in support.
Can you tell us more about how the protest movement has used technology for organising and coordinating action?
During the first few months at least, people would rely on their cellphones and the Telegram app. People would have strategic discussions and channel these discussions into a Telegram channel. These are not the safest communication tools but they can hold more than 3,000 subscribers, which means that you can speak to 3,000 people at the same time, you can share action timetables, the site of protests or the location of the police with a huge number of people. We use a live map to inform protesters where the police are and where the protests are taking place, so they can avoid being arrested. Another app shows which businesses and stores are supportive of the movement. Pro-democracy businesses appear in yellow, while pro-government ones appear in blue.
We also use Telegram bots for international advocacy. A group of people is dedicated to disseminating information on Twitter and Interact.
We also use social media as a recruitment tool because after an action is held, people use social media to reflect about the strategies used and assess the outcomes. But after a few months, people started using online apps less and less. They would instead form their own groups and organise their own actions. There are frontier leaders, first leaders, people working on documentation, people who organise street protests – each is doing their own thing while at the same time warning others about clashes and organising timetables. This is how we use civic tech.
How has the movement managed to grow and thrive in adverse conditions?
Several elements explain why people keep showing up and why the movement is so resilient against government repression. First, people deploy their actions in their own neighbourhoods. We disperse action rather than concentrate it, because when we use concentration tactics, such as holding a protest in front of a government building, we become an easy target for the police. In the face of dispersed actions, the police would try to disperse protesters but would often end up attacking passers-by or people going about their business in their own neighbourhoods. For many people not involved directly in the protests, this was also a wake-up call and functioned as a recruitment mechanism: police brutality ceased to be a far-away problem; instead, it hit home and became personal, triggering a protective reaction.
A tactic commonly used by protesters is the Lennon Wall, in which people post messages in public spaces, which creates a sense of community and helps organise public support. Lennon Walls appear in various places and people use them to send and receive information about the protests. People also put posters in bus stops so when people are waiting for the bus they can get information about the protests. People sing in protest in shopping malls. This way, people use their lunchtime to sing a song and protest while going about their business, and they reach people who don’t read the news and don’t pay much attention to politics. That is one of the key lessons here.
Another key lesson concerns the importance of the unity between the moderate side and the radical front of the protests. Given that even authorised protests would be dispersed with teargas for no reason, some people began resorting to more militant actions to combat the police and protect their space. Some social movement analysts claim that radical incidents diminish popular support for the movement, but this does not seem to be happening in Hong Kong. In a recent survey, more than 60 per cent of respondents said they understood the use of violence by the people. I suppose that one reason why people do not reject militant actions is that they view the government and the police as responsible for most of the violence, and view violence by protesters as a fairly understandable response. Another reason is that radical protesters have been careful not to target ordinary people but only the police and pro-government businesses.
What else have you learned in the process?
A big lesson that we’ve learned concerns the effectiveness of creativity and humour to offset government repression. Protesters used laser tags to disable cameras used for the surveillance of protesters, so people started to get arrested for buying laser tags. After a student was arrested for possessing a laser tag, hundreds of thousands of people gathered in a public space and used laser tags to point at a public building. Another example of an effective response took place in early October 2019. There is a law that states that people can be jailed for a year if they wear a mask or anything covering their faces, so people responded in defiance, forming a human chain in which everyone was wearing some kind of mask.
We’ve also come to understand the importance of global solidarity and leveraging geopolitics. The Hong Kong diaspora has organised a lot of lobbying and advocacy in various cities around the world. We have also lobbied foreign governments and supported the Hong Kong Human Rights and Democracy Act, a bill that was introduced in the US Congress following the Umbrella Movement in 2014, but that was only passed in November 2019. This law requires the US government to impose sanctions against Chinese and Hong Kong officials responsible for human rights abuses in Hong Kong, and requires the US Department of State and other agencies to conduct an annual review to determine whether changes in Hong Kong's political status – namely its relationship with mainland China – justify changing the unique and favourable trade relations between the USA and Hong Kong. This is huge, and we are trying to replicate this in other countries, including Australia, Canada, Italy and New Zealand.
We have also done advocacy at the United Nations (UN), where some resolutions about police brutality have been passed. But the UN is quite weak at the moment, and aside from the documentation of human rights violations there is not much they can do. Any resolution regarding the protests will be blocked by China at the UN Security Council. That said, a thorough UN investigation on police brutality would send a strong message anyway. We have been communicating with human rights civil society organisations to do more advocacy at the UN.
We are also looking for alternative tactics such as working with unions in France, because water cannons are manufactured in France and we hope something can be done about it.
What have the protests achieved so far?
The democratic camp has made a lot of progress. In November 2019 we had elections for the District Council. True, the District Council doesn’t have any real political power because it carries out neighbourhood duties, like garbage collection and traffic management. Still, in the latest election 388 out of 452 seats went to the pro-democracy camps, whereas back in 2015 they were only 125 pro-democracy representatives, compared with 299 who were pro-Beijing.
That said, I don’t think the pro-democracy movement should put too much of its energy into institutional politics because the District Council is not a place where the political crisis can be solved. However, the elections served as a solid foundation for organisers to organise people at the local level.
According to the polls, almost 90 per cent of the people supported independent investigation of human rights violations, more than 70 per cent demanded the resignation of the Hong Kong Chief Executive, Carrie Lam, and 75 per cent supported universal suffrage. That kind of popular support has remained stable for several months, which is pretty amazing.
What are the challenges ahead?
While there is no sign of protests calming down, there is also no sign of the government making concessions anytime soon. Violence is escalating on both sides, and the protest movement might lose public support if some demonstrators decide to go underground. The Chinese government will not let itself be challenged by protesters, so it is infiltrating organisations and tightening the grip on civil society. Organised civil society is relatively weak, and Beijing can easily interfere with academic institutions, schools and the media by appointing more allies and dismissing those who are critical of the government. The next five years will likely be tough ones for civil society and democracy in Hong Kong, and we will have to work to strengthen civil society’s resilience.
Another important issue is that a lot of young protesters are traumatised by the violence they have witnessed and experienced. We have support groups with social workers and psychologists, but they cannot provide support in their official capacity or they would find themselves under pressure by their employers who take money from the government. Social workers are also at risk and the police constantly harass them. To strengthen self-care and gain resilience for the battle ahead, we need to train more people and create support groups to help people cope, control their stress and share their stories.
Another potential challenge is the limited sustainability of global solidarity. Right now Hong Kong is in the spotlight, but this will not last long. Our struggle is for the long haul, but the world will not be paying attention for much longer. So we will need to build more substantial and permanent alliances and partnerships with civil society groups around the world. We need to empower local groups and give people new skills regarding international law, advocacy and campaigning. The protest movement is not going anywhere. It’s going to be a long struggle so we will have to train more organisers. We will disseminate the knowledge gained by the protesters, so when they are sent to jail others will take over.
Civic space in China is rated as ‘closed’ by theCIVICUS Monitor.
Get in touch with the Hong Kong Civil Hub through itswebsite and follow@hkjohnsonyeung on Twitter.
-
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.
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.