civic space

• Seis de cada diez países reprimen duramente las libertades cívicas

   

  Estos resultados se basan en los datos publicados hoy por el Monitor CIVICUS, un proyecto global de investigación colaborativo cuyo objetivo es la evaluación y el seguimiento del respeto de las libertades fundamentales en 196 países. 

  CIVICUS acaba de publicar hoy El Poder Ciudadano Bajo Ataque, un nuevo informe que pone de manifiesto que casi seis de cada diez países están restringiendo gravemente las libertades fundamentales de asociación, reunión pacífica y expresión de las personas. Esta proporción refleja la crisis continua a la que se enfrentan las organizaciones de la sociedad civil y los activistas de todo el mundo y, además, pone en relieve el hecho de que el espacio para el activismo cívico se ve con frecuencia socavado a través de la censura, los ataques contra periodistas y el acoso a defensores y defensoras de los derechos humanos. 

  

  Estos resultados se basan en los datos publicados hoy por el Monitor CIVICUS, un proyecto global de investigación colaborativo cuyo objetivo es la evaluación y el seguimiento del respeto de las libertades fundamentales en 196 países. 

  CIVICUS acaba de publicar hoy El Poder Ciudadano Bajo Ataque, un nuevo informe que pone de manifiesto que casi seis de cada diez países están restringiendo gravemente las libertades fundamentales de asociación, reunión pacífica y expresión de las personas. Esta proporción refleja la crisis continua a la que se enfrentan las organizaciones de la sociedad civil y los activistas de todo el mundo y, además, pone en relieve el hecho de que el espacio para el activismo cívico se ve con frecuencia socavado a través de la censura, los ataques contra periodistas y el acoso a defensores y defensoras de los derechos humanos. 

  El informe se basa en datos del Monitor CIVICUS – un proyecto de investigación colaborativo – y muestra que la sociedad civil es objeto de graves ataques en 111 de los 196 países analizados, es decir, casi seis de cada diez países de todo el mundo. Esta cifra es superior a la de nuestra última actualización de marzo de 2018 en la cual se contabilizaban 109 países. En la práctica, esto significa que la represión del activismo cívico pacífico sigue teniendo nefastas consecuencias para la sociedad civil en todas partes del mundo, ya que sólo el 4 % de la población mundial vive en países donde los gobiernos respetan debidamente las libertades de asociación, reunión pacífica y expresión.

  La clasificación del espacio cívico de nueve países ha empeorado en esta última actualización mientras que ha mejorado la de otros siete. La situación se ha degradado en Austria, Azerbaiyán, Gabón, Kuwait, Italia, Nauru, Papúa Nueva Guinea, Tanzania y Senegal, y ha mejorado en Canadá, Ecuador, Etiopía, Gambia, Liberia, Lituania y Somalia. 

  El informe El Poder Ciudadano Bajo Ataque, también ofrece un análisis sobre los tipos de violaciones más frecuentes registradas en el Monitor CIVICUS durante los últimos dos años. A nivel mundial, los ataques contra periodistas y la censura representan los dos tipos de violaciones más comunes, lo que indica que los que tienen el poder están haciendo todo lo posible por controlar el discurso colectivo y reprimir la libertad de expresión. El hostigamiento de activistas y el uso excesivo de la fuerza por parte de las fuerzas de seguridad durante las manifestaciones son el tercero y cuarto tipo de violación más común registrada en el Monitor CIVICUS desde octubre de 2016.

  «Aunque existe una gran preocupación por la proliferación de leyes restrictivas y no sin razón, nuestros datos muestran que no son más que la punta del iceberg. Las medidas extrajudiciales, como los ataques contra periodistas o manifestantes, son mucho más comunes», declaró Belalba.. «Estas tácticas han sido concebidas de forma cínica y pretenden crear un efecto disuasivo y evitar que los demás se expresen o se conviertan en ciudadanos activos».

  Los datos publicados hoy por CIVICUS también traen buenas noticias. Tanto en los siete países en los que mejoró la clasificación del espacio cívico como en otros lugares, vemos pruebas claras de que el activismo pacífico puede obligar a los gobiernos represivos a seguir un camino diferente. En Etiopía, por ejemplo, tras años de disturbios y una fuerte represión de todas las formas de disidencia, el 2018 supuso un giro notable. El nuevo primer ministro, Abiy Ahmed, ha liberado a presos políticos, ha suavizado las restricciones impuestas sobre las comunicaciones electrónicas y ha logrado importantes avances en la reforma de algunas de las leyes más represivas del país. Los cambios en el liderazgo político en Gambia y el Ecuador también han conducido a un mejor entorno para el ejercicio de las libertades fundamentales. 

  «Las recientes mejoras en Etiopía muestran lo que se puede lograr cuando existe voluntad política y cuando los líderes toman decisiones valientes para responder a los llamamientos de la sociedad civil», afirmó Belalba. «Este debería ser un ejemplo para los países represivos de todo el mundo. Al eliminar las restricciones y proteger el espacio cívico, los países pueden aprovechar el verdadero potencial de la sociedad civil y acelerar su progreso en una gran cantidad de frentes».

  Más de veinte organizaciones colaboran en el Monitor CIVICUS con el objetivo de proporcionar una base empírica para llevar a cabo acciones destinadas a mejorar el espacio cívico en todos los continentes. El Monitor ha publicado más de 1,400 actualizaciones sobre el espacio cívico en los últimos dos años y dichos datos son analizados en el informe El Poder Ciudadano Bajo Ataque. El espacio cívico de 196 países queda clasificado en una de las cinco categorías disponibles – cerrado, reprimido,obstruido ,estrecho orabierto – siguiendo una metodología que combina varias fuentes de datos sobre las libertades de asociación, reunión pacífica y expresión. 

• SENEGAL: ‘The restriction of civic space remains civil society’s greatest concern’

  CIVICUS speaks with Malick Ndome, senior policy adviser and board member at the Council of Non-Governmental Organisations in Support of Development (CONGAD), about the recent election in Senegal.

  CONGAD was founded in 1982 by civil society organisations (CSOs) working in Senegal to coordinate relations with the state and other partners. CONGAD provides training for CSOs, local authorities and the media. It also advocates for a stronger civil society capable of influencing public policy.

  What was the significance of the victory of opposition candidate Bassirou Diomaye Faye in the recent presidential election?

  Faye’s first-round victory was difficult to predict. However, it is important to recognise the impact of his release from prison, as well as that of Ousmane Sonko, the leader of his party, Senegal’s Patriots (PASTEF), just 10 days before the election.

  Sonko had been barred from standing following a controversial conviction for youth corruption and defamation in 2023. Faye was nominated as a candidate in his place, but was also sent to prison for criticising the court’s decision in the Sonko case. Their release galvanised the support of PASTEF supporters and activists, and young people in general, who appreciated their message of change and their anti-corruption aura. In contrast, there seems to have been a noticeable lack of enthusiasm for the government coalition.

  In addition, there was much speculation and a lot of rumours about President Macky Sall’s lack of support for his party’s presidential candidate, which undoubtedly influenced the electoral landscape.

  Given the circumstances, the clear victory of an opposition candidate has profound implications for the strength of Senegalese democracy. First, it signifies a strengthened commitment to the rule of law, guaranteeing every Senegalese citizen a fair chance of access to the highest office. It also demonstrates the resilience of Senegal’s electoral institutions in the face of challenges. Further, despite persistent concerns about voter turnout, Senegalese citizens demonstrated a commendable level of confidence in electoral processes, underlining their commitment to democratic principles. Voter turnout was 61 per cent.

  This provides an opportunity for a comprehensive review of the electoral law and the electoral code, with a focus on correcting the main shortcomings identified by political stakeholders and civil society. It is imperative to review the role and effectiveness of institutions such as the National Autonomous Electoral Commission in overseeing elections, ensuring that it has the resources and capacity to fulfil its mandate impartially and effectively.

  In sum, while Faye’s victory may have been unexpected, it marks a crucial moment in Senegal’s democratic journey, highlighting both strengths and areas for improvement in its political system.

  Was civic space restricted before the election? What challenges did this pose and what can be expected in the future?

  Significant restrictions were observed in February, when Sall’s announcement of the postponement of the election led to violent demonstrations and deaths. The Constitutional Council’s positive response in favour of holding the election helped ease tensions, leading to the lifting of the suspension of TikTok and the restriction of Facebook, which had an impact on digital industries and small-scale workers in the informal sector.

  The restriction of civic space has been strongly criticised by various groups and people. Under the new government, we expect to see restrictions on civic space lifted, but I can’t prejudge that. It remains a strong demand from civil society and the political arena.

  How did civil society contribute to a free and fair election?

  Civil society’s actions were analysed and perceived differently depending on whether you were in the opposition or the presidential camp. There were many citizens’ initiatives to ensure that the electoral timetable was respected and free and transparent elections were held.

  Civil society initiatives included the setting up of digital platforms to facilitate communication and citizen mobilisation. Civil society formed groups to voice citizens’ concerns and influence political decisions. It organised forums to raise awareness and mobilise the population to ensure the electoral timetable was respected and the election was transparent.

  In addition, civil society organised meetings with presidential candidates to ask them questions and hear their proposals. It also helped to inform the public by publishing press articles and sharing information on electoral issues.

  In addition, civil society interacted with stakeholders in sensitive spheres such as religious leaders to promote a climate of peace and stability during the election period. It also facilitated the hosting and coordination of the local, regional and sub-regional structures responsible for overseeing the election, thus ensuring effective and transparent monitoring of the electoral process.

  What are civil society’s expectations of the new government?

  Civil society has a number of expectations and is advocating several policy measures to protect civic space and human rights and promote good governance.

  According to the information available to me, there has not yet been any formal request from civil society. However, it is clear that the restriction of civic space remains civil society’s greatest concern.

  Among the political measures advocated are the passing of a press code to provide a better framework for the exercise of journalism and the publication of implementing decrees, as well as the revision of article 80 of the Constitution concerning offences against the head of state. Civil society is also calling for the adoption of a law to protect whistleblowers and human rights defenders, as well as the publication of reports by the Court of Audit and the prosecution of offenders.

  Civil society calls for institutional change in the governance of the Supreme Council of the Judiciary, and for the establishment of a financial prosecutor’s office with broad responsibilities.

  Finally, the fight against corruption and for better governance is a major concern for civil society, which hopes that the new government will take effective measures in this direction.

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

  Get in touch with CONGAD through itswebsite.

• SENEGAL: ‘The situation is becoming more tense as we approach the 2024 elections’

  CIVICUS speaks about the deterioration of civic space in the run-up to next year’s elections in Senegal with Sadikh Niass, Secretary General of the African Meeting for the Defence of Human Rights (Rencontre Africaine pour la Défense des Droits de l’Homme,RADDHO), andIba Sarr, Director of Programmes at RADDHO.

  RADDHO is a national civil society organisation (CSO) based in Dakar, Senegal. It works for the protection and promotion of human rights at the national, regional and international levels through research, analysis and advocacy aimed at providing early warning and preventing conflict.

  What are the conditions for civil society in Senegal?

  Senegalese civil society remains very active but faces a number of difficulties linked to the restriction of civic space. It is subjected to many verbal attacks by lobbies close to the government, which consider them to be opponents or promoters of ‘counter-values’ such as homosexuality. It is also confronted with restrictions on freedom of assembly. Civil society works in difficult conditions with few financial and material resources. Human rights organisations receive no financial support from the state.

  The situation is becoming more tense as we approach the February 2024 elections. Since March 2021, the most radical opposition and the government have opted for confrontation. The government is trying to weaken the opposition by reducing it to a minimum. It is particularly targeting the most dynamic opposition group, the Yewi Askan Wi (‘Liberate the People’) coalition, whose main leader, Ousmane Sonko, is currently in detention.

  All opposition demonstrations are systematically banned. Spontaneous demonstrations are violently repressed and result in arrests. The judiciary was instrumentalised to prevent the candidacy of the main opponent to the regime, Sonko, and the main leaders of his party have been arrested.

  In recent years, we have also seen an upsurge in verbal, physical and legal threats against journalists, which is a real setback for the right to freedom of information.

  What will be at stake in the 2024 presidential election?

  With the discovery of oil and gas, Senegal is becoming an attractive destination for investors. Transparent management of these resources remains a challenge in a context marked by an upsurge in terrorist acts. Poverty-stricken populations see this discovery as a means of improving their standard of living. With the breakthrough of the opposition in the 2022 local and legislative elections, we sense that the electorate is increasingly expressing its desire for transparency, justice and improved socio-economic conditions.

  On 3 July 2023, the incumbent president declared that he would not compete in the next elections. This declaration could offer a glimmer of hope for a free and transparent election. But the fact that the state is being tempted to prevent leading opposition figures from running poses a major risk of the country descending into turbulence.

  Civil society remains alert and is working to ensure that the 2024 elections are inclusive, free and transparent. To this end, it has stepped up its efforts to promote dialogue among political players. CSOs are also working through several platforms to support the authorities in organising peaceful elections by monitoring the process before, during and after the poll.

  What triggered the recent demonstrations? What are the protesters’ demands and how has the government responded?

  The recent protests were triggered by Sonko’s sentencing to two years in prison on 1 June 2023. On that day, a court ruled on the so-called ‘Sweet Beauty’ case, in which a young woman working in a massage parlour accused Sonko of raping her and making death threats against her. Sonko was acquitted of the death threats, but the rape charges were reclassified as ‘corruption of youth’.

  This conviction was compounded by Sonko’s arrest on 31 July 2023 and the dissolution of his political party, PASTEF – short for ‘Senegalese African patriots for work, ethics and fraternity’ in French.

  Protesters are driven by the feeling that their leader is being persecuted and that the cases for which he has been convicted only serve to prevent him taking part in the forthcoming elections. Their main demand is the release of their leader and those illegally detained.

  Faced with these demonstrations, the government has opted for repression. The authorities consider that they are facing acts of defiance towards the state and have called on the security forces to use force.

  Repression has resulted in the deaths of more than 30 people and more than 600 injured since March 2021, when the repression first began. In addition to the loss of life and injuries, more than 700 people have been arrested and are languishing in Senegal’s prisons. We have also noted the arrest of journalists, as well as the interruption of television signals and the restriction of some internet services.

  How is Senegalese civil society, including RADDHO, working to defend human rights?

  RADDHO works at the national level to help victims of human rights violations and carries out awareness-raising, human rights education and capacity-building activities.

  RADDHO collaborates with regional and international mechanisms, notably the African Commission on Human and Peoples’ Rights, the African Committee of Experts on the Rights and Welfare of the Child, the African Court on Human and Peoples’ Rights and the United Nations Human Rights Council. To this end, we carry out a number of activities to raise awareness of legal instruments for the protection and promotion of human rights. As an observer member of the African Commission on Human and Peoples’ Rights, we regularly participate in civil society forums during the Commission’s sessions. RADDHO also coordinates the CSO coalition for the follow-up and implementation of the recommendations of the United Nations Universal Periodic Review for Senegal.

  What international support is Senegalese civil society receiving and what additional support would it need?

  To fulfil their missions, Senegalese CSOs receive support from international institutions such as the European Union, the bilateral cooperation agencies of the USA and Sweden, USAID and SIDA, and organisations and foundations such as Oxfam NOVIB in the Netherlands, NED in the United States, NID in India and the Ford Foundation, among others. However, because Senegal has long been considered a stable country, support remains insufficient.

  Given the growing restrictions on civic space of recent years and the political crisis, civil society needs support to better assist victims of human rights violations, to contribute to the emergence of a genuine human rights culture and to work towards widening civic space and strengthening the rule of law, democracy and good governance.

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

  Get in touch with RADDHOthrough itswebsite orFacebook page, and follow@Raddho_Africa on Twitter.

• SERBIA: ‘People are concerned that a critical tool to hold political elites accountable is being taken away’

  CIVICUS speaks about the results of Serbia’s recent elections and subsequent protests with Raša Nedeljkov, Programme Director of the Centre for Research, Transparency and Accountability (CRTA).

  Founded in 2002, CRTA is a Serbian civil society organisation that works to develop a democratic culture and promote civic activism through civic education campaigns, electoral observation and the development of public policy proposals.

   

  What are civil society’s concerns about the recent Serbian elections?

  The most critical concerns revolve around the municipal elections in Serbia’s capital, Belgrade. CRTA has concluded that the announced results didn’t reflect the freely expressed will of the city’s voters. Our findings revealed that electoral engineering, particularly through organised voter migration, crucially influenced the outcome of the closely contested race for the Belgrade City Assembly.

  Organised voter migration is neither legal nor legitimate. Falsely registering residence for the purpose of voting in local elections outside one’s jurisdiction violates the law, undermines democratic representation and violates citizens’ right to local self-government.

  Local elections were strategically staggered and held in only a third of the local jurisdictions to enable temporary voter migration and secure the victory of the ruling Serbian Progressive Party (SPP) in Belgrade, where the opposition Serbia Against Violence party had strong chances of winning. As a result, Belgrade is now on the verge of being governed by people largely elected by non-residents who won’t bear the consequences of the decisions they make.

  The SPP also gained significant unfair advantage in the parliamentary elections thanks to intensified political pressure on voters, misuse of public resources and institutions, and control of the most influential media. The national election wasn’t nearly fair, but this was overshadowed by the massive manipulation used to prevent political change in Serbia’s largest city.

  How has CRTA worked to document electoral manipulation?

  On election day CRTA deployed almost 3,000 observers and analysts. And for the first time, a CRTA observer team suffered a physical attack. Its members were attacked with bats while sitting in their parked car in the police station courtyard in Odzaci, a town in Vojvodina province. They were there to report criminal activity related to carousel voting – where people go from place to place to cast multiple voters – at a polling station. This case poignantly illustrates the tense atmosphere the elections took place in.

  Our observers had a very dynamic day in Belgrade, the epicentre of electoral irregularities. They took numerous photos and videos showing buses transporting voters to Belgrade from other towns and countries, including Bosnia and Herzegovina and Montenegro. They also identified several logistical centres used to coordinate the voter migration operation, which directed and transported people to polling stations across the city.

  Voter migration was facilitated by manipulation of the voter register, which our team also extensively documented. Prior to the elections, we received information from various sources pointing to illegal actions by local governing bodies and the highest state authorities, all aimed at shaping election results in Belgrade in favour of the SPP. Further analysis, which we’re currently conducting, indicates that significant alterations to the voter register were made over the course of a year.

  How have people reacted to election irregularities?

  Tens of thousands took to the streets shortly after the results were announced. Protests were sparked by the issues we’ve denounced. Protesters are angry about electoral engineering involving illegal manipulation of the voter register and organised voter migration. They urge the state to protect the integrity of elections by prosecuting those involved in illegal manipulation.

  Protesters are not necessarily supporters of opposition parties but rather citizens concerned that a critical tool to hold political elites accountable and drive change is being taken away from them. Their core demand is that fresh elections be held at all levels, contingent upon significant revisions to electoral conditions.

  How has the government responded to protesters’ demands?

  The government has responded with repression and defensive aggressiveness, denying all allegations, including those from international observers, and disregarding evidence of massive irregularities and criminal activities. The regime continues to assert that the elections were the cleanest ever.

  The government is also violating protesters’ human rights. Over 30 people, primarily university students, have been arrested during the protests and faced pressure to confess to crimes they didn’t commit, such as receiving bribes from the opposition to engage in violent activities during protests.

  Public officials have also accused CRTA of destabilising Serbia, and our staff members have been labelled as liars and subjected to hate speech by pro-regime media.

  What should the international community do?

  We urge the international community to look beyond immediate geopolitical considerations and consider the consequences that could follow if democracy in Serbia continues to erode. Further democratic backsliding would only bring it closer to the non-democratic part of the world.

  Serbian civil society is actively proposing solutions for the challenges of a captured state and diminishing democratic standards, and our international allies should give more serious considerations to these recommendations. The international community must act soon to prevent Serbia becoming an outright dictatorship

  What are civil society’s concerns about the recent Serbian elections?

  The most critical concerns revolve around the municipal elections in Serbia’s capital, Belgrade. CRTA has concluded that the announced results didn’t reflect the freely expressed will of the city’s voters. Our findings revealed that electoral engineering, particularly through organised voter migration, crucially influenced the outcome of the closely contested race for the Belgrade City Assembly.

  Organised voter migration is neither legal nor legitimate. Falsely registering residence for the purpose of voting in local elections outside one’s jurisdiction violates the law, undermines democratic representation and violates citizens’ right to local self-government.

  Local elections were strategically staggered and held in only a third of the local jurisdictions to enable temporary voter migration and secure the victory of the ruling Serbian Progressive Party (SPP) in Belgrade, where the opposition Serbia Against Violence party had strong chances of winning. As a result, Belgrade is now on the verge of being governed by people largely elected by non-residents who won’t bear the consequences of the decisions they make.

  The SPP also gained significant unfair advantage in the parliamentary elections thanks to intensified political pressure on voters, misuse of public resources and institutions, and control of the most influential media. The national election wasn’t nearly fair, but this was overshadowed by the massive manipulation used to prevent political change in Serbia’s largest city.

  How has CRTA worked to document electoral manipulation?

  On election day CRTA deployed almost 3,000 observers and analysts. And for the first time, a CRTA observer team suffered a physical attack. Its members were attacked with bats while sitting in their parked car in the police station courtyard in Odzaci, a town in Vojvodina province. They were there to report criminal activity related to carousel voting – where people go from place to place to cast multiple voters – at a polling station. This case poignantly illustrates the tense atmosphere the elections took place in.

  Our observers had a very dynamic day in Belgrade, the epicentre of electoral irregularities. They took numerous photos and videos showing buses transporting voters to Belgrade from other towns and countries, including Bosnia and Herzegovina and Montenegro. They also identified several logistical centres used to coordinate the voter migration operation, which directed and transported people to polling stations across the city.

  Voter migration was facilitated by manipulation of the voter register, which our team also extensively documented. Prior to the elections, we received information from various sources pointing to illegal actions by local governing bodies and the highest state authorities, all aimed at shaping election results in Belgrade in favour of the SPP. Further analysis, which we’re currently conducting, indicates that significant alterations to the voter register were made over the course of a year.

  How have people reacted to election irregularities?

  Tens of thousands took to the streets shortly after the results were announced. Protests were sparked by the issues we’ve denounced. Protesters are angry about electoral engineering involving illegal manipulation of the voter register and organised voter migration. They urge the state to protect the integrity of elections by prosecuting those involved in illegal manipulation.

  Protesters are not necessarily supporters of opposition parties but rather citizens concerned that a critical tool to hold political elites accountable and drive change is being taken away from them. Their core demand is that fresh elections be held at all levels, contingent upon significant revisions to electoral conditions.

  How has the government responded to protesters’ demands?

  The government has responded with repression and defensive aggressiveness, denying all allegations, including those from international observers, and disregarding evidence of massive irregularities and criminal activities. The regime continues to assert that the elections were the cleanest ever.

  The government is also violating protesters’ human rights. Over 30 people, primarily university students, have been arrested during the protests and faced pressure to confess to crimes they didn’t commit, such as receiving bribes from the opposition to engage in violent activities during protests.

  Public officials have also accused CRTA of destabilising Serbia, and our staff members have been labelled as liars and subjected to hate speech by pro-regime media.

  What should the international community do?

  We urge the international community to look beyond immediate geopolitical considerations and consider the consequences that could follow if democracy in Serbia continues to erode. Further democratic backsliding would only bring it closer to the non-democratic part of the world.

  Serbian civil society is actively proposing solutions for the challenges of a captured state and diminishing democratic standards, and our international allies should give more serious considerations to these recommendations. The international community must act soon to prevent Serbia becoming an outright dictatorship.

  ---

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

  Get in touch with CRTA through itswebsite orFacebook page, and follow@CRTArs and@rasaned onTwitter.

• SERBIA: ‘The government is allergic to pluralism and keeps discrediting dissenting voices’

  CIVICUS speaks about Serbia’s upcoming parliamentary elections and civic space conditions withVukosava Crnjanski, founder and director of the Centre for Research, Transparency and Accountability (CRTA).

  Founded in 2002, CRTA is a Serbian civil society organisation (CSO) working to promote civic activism and develop a democratic culture through advocacy, civic education campaigns, electoral observation and the production of public policy proposals.

  What are the conditions for civil society in Serbia?

  The quality of civic space is worsening. In essence, the government is allergic to pluralism and keeps discrediting dissenting voices. Serbian CSOs face great pressure from pro-government media, particularly popular newspapers, which brand them as ‘mercenaries’ and ‘traitors’.

  On top of this chronic situation, the situation has at times greatly escalated. In acute phases, the oppression of civil society intensifies because the government seeks to divert public attention from pressing issues that it wants to conceal. For instance, in the summer of 2020 the Ministry of Finance initiated a campaign against several CSOs, independent journalists’ associations and activists. Harassment took the form of financial scrutiny, imposed under unfounded allegations of their involvement in money laundering and connections with terrorism. A year later, the targeted people and organisations asked that the ministry disclose the results of this inquiry to dispel those accusations – but of course, the results were never made public.

  What prompted the decision to call early elections?

  President Aleksandar Vučić has called early parliamentary elections, to be held on 17 December. He attempted to present this as a response to the opposition’s call for snap elections, a demand that arose when none of the requests of protests held under the motto ‘Serbia Against the Violence‘ were addressed. This movement has been going on for months throughout the country, following two mass shootings in early May that left 17 people dead and 21 injured.

  Vučić thrives in the campaigning phase of politics and in a political environment in which the normal functioning of institutions remains on hold. This has often happened following elections: in the past 11 years, a total of two years, four months and four days have been wasted between calls for elections and the approval of new governments. The president systematically benefits from situations of instability in which he is perceived as the sole stabilising factor.

  What are the main campaign issues?

  The ruling party’s key campaign message is that ‘Serbia Must Not Stop’, implying that any change would halt the country’s development. For over a decade, Vučić’s propaganda has pushed a narrative of Serbia’s alleged economic growth. It’s supported by an enormous media machinery that uses manipulative tactics and constantly calls Serbia ‘the Balkans’ tiger’, repeatedly mentioning ‘new jobs’, ‘foreign investments’ and having the ‘biggest’ infrastructure projects. This blurs the vision of some people, although most can definitely see the emptiness of their wallets.

  The pro-European opposition aims to articulate the rejection of structural violence into an electoral agenda, pledging to free the state from the dominance of a single party. Meanwhile, right-wing nationalist parties commit to ‘save Kosovo’ and strengthen ties with Russia. The new slogan of the Serbian Radical Party, of which Vučić was a prominent official in the 1990s, is ‘Our Fatherland Is Serbia, Our Mother Is Russia’.

  Relations with Kosovo and the imposition of sanctions on Russia stand out as critical issues and their significance is likely to grow. Yet there’s no substantive debate on these matters, which is confusing. The government tries to monopolise these topics, strictly controlling their discussion in the public sphere and labelling anyone else raising them as traitors. It aims to keep these matters opaque to the public, treating them as exclusive realms of backroom politics.

  I assume that the ideologically diverse pro-European opposition will try to avoid these topics out of fear that discussing them will make them an easy target. This decision may also be influenced by opinion polls that indicate that voters are a lot more interested in other topics, namely the economy and corruption.

  How is Serbian civil society, including CRTA, involved in the electoral process?

  As usual, CRTA is actively engaged in the electoral process. Our observation mission is already active across Serbia, monitoring media reporting and campaign activities on the ground and reviewing the work of the electoral institution. We are paying special attention to the problem of pressure on voters. As research we have been conducting for over a year now shows, a large number of people are captured in a network of clientelism and electoral corruption. People from socially vulnerable groups and public sector employees are continuously pressured to give their support to a political party. 

  In addition to monitoring the snap parliamentary elections, we are also observing the municipal elections in the capital, Belgrade.

  The quality of Serbian electoral processes has been deteriorating for years and there is little reason to believe that issues such as biased media, the abuse of public resources and the misuse of public office will magically disappear. However, we are actively working to motivate citizens to vote, and many other CSOs are also about to launch their ‘Get Out the Vote’ campaigns. Whatever problems the electoral process has, increased participation will make things better.

  We hope that the Organization for Security and Co-operation in Europe’s Office for Democratic Institutions and Human Rights will deploy an election observation mission in a full capacity, as recommended by a prior needs assessment mission. This kind of international support is crucial not only on election day but also to boost our advocacy to achieve improvements in the electoral process.

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

  Get in touch with CRTA through itswebsite or itsFacebook page, and follow@CRTArs andVukosava Crnjanski onTwitter.

• SERBIA: ‘The political crisis will deepen as a large number of people lack representation’

  CIVICUS speaks with Ivana Teofilović about the causes of recent protests and the government’s reaction to them, as well as about the elections held in Serbia under the COVID-19 pandemic. Ivana is public policy programme coordinator at Civic Initiatives, a Serbian citizens’ association aimed at strengthening civil society through civic education, the promotion of democractic values and practices and the creation of opportunities for people’s participation.

  

  Why did protests erupt in Serbia during the COVID-19 pandemic, and how did the government react?

  The immediate reason for the mass and spontaneous gathering of citizens in July 2020 was the announcement of the introduction of a new curfew, that is, another 72-hour ban on movement. After the president’s press conference ended, dissatisfied people began to gather in front of the National Assembly in the capital, Belgrade. Although the immediate reason was dissatisfaction with the management of the COVID-19 crisis, people also wanted to express their unhappiness about numerous other government measures and their impacts, and particularly with the conditions in which the recent parliamentary elections were held.

  In response, the security forces used unjustified force in dozens of cases and exceeded the powers entrusted to them by law. Their violent response to spontaneous peaceful assemblies was a gross violation of the right to the freedom of peaceful assembly and an unwarranted threat to the physical integrity of a large number of protesters. The protests were marked by the use of a huge amount of teargas, which was indiscriminately thrown into the masses of peaceful demonstrators. As a result, many protesters had health issues for days afterwards. Apart from the fact that unjustifiably large quantities of teargas were used, the public's attention was captured by the fact that the teargas fired was past its expiry date.

  The media and citizens also reported and documented many cases of police brutality, including that of three young men who were sitting quietly on a bench and were repeatedly beaten by a gendarmerie officer with a baton. In another incident, a young man was knocked to the ground and hit with batons by 19 officers, even though two members of the Ombudsman’s Office were on duty near the scene, precisely to control the conduct of the police. Additional disturbances and acts of violence were perpetrated by a large number of individuals in civilian clothes. At the time it could not be determined whether they were police in civilian clothes, or members of parapolice forces or criminal groups, but many clues point to them being members of hooligan groups connected with the authorities and working on their orders.

  Media representatives also played a very important role in the protests. In this context, many media workers behaved professionally and reported objectively on the protests, often becoming victims of police brutality or attacks by members of hooligan groups infiltrated among protesters to incite rioting. According to the Association of Journalists of Serbia (NUNS), as many as 28 journalists were attacked while covering protests, and 14 suffered bodily injuries, which in six cases required urgent medical attention. According to a statement issued by NUNS, the most seriously injured was Zikica Stevanovic, a reporter of the Beta news agency.

  However, media outlets that are close to the government either ignored or distorted the real picture of the protests by disseminating lies about who organised, funded and participated in them and by ignoring or denying cases of obvious police brutality. Journalists, analysts and civil society activists who publicly supported the protests and spoke critically about the government and the president were often the target of tabloid campaigns, and were smeared by the holders of high political office in an attempt to discredit their work.

  Bureaucratic measures were also used against them, for example through their inclusion on a list compiled by the Ministry of Finance’s Directorate for Prevention of Money Laundering, which required banks to look into all the financial transactions they made over the past year. The associations and individuals who were targeted published a joint statement with over 270 signatures to call on the authorities to urgently make public the reasons for any suspicion that these organisations and individuals were involved in money laundering or terrorist financing. They also made clear that these pressures would not deter them from fighting for a democratic and free Serbia.

  Violent police reaction, indiscriminate brutality, non-objective reporting and government retaliation further motivated people to protest. As a result, people took to the streets in even greater numbers in the following days. Protests also began to take place in several other Serbian cities besides Belgrade, including Kragujevac, Nis, Novi Sad and Smederevo.

  Has civil society experienced additional challenges to continue doing its work under the pandemic?

  Under the state of emergency imposed in response to the COVID-19 pandemic, but also after the state of emergency was lifted, civil society organisations (CSOs) faced numerous difficulties that greatly hindered their work. During the first weeks of the state of emergency, some CSOs that provide services to vulnerable people were unable to perform their activities due to the ban on movement, a difficulty that was only gradually and partly overcome over time as special permits were issued to certain categories of people.

  Another challenge was posed by the Regulation on Fiscal Benefits and Direct Benefits, adopted in response to the economic impacts of the pandemic. This regulation did not extend exemption from value-added tax (VAT) to food, consumer goods and services donated to the non-profit and humanitarian sector to support socially vulnerable groups. For this reason, a group of CSOs sent the Ministry of Finance a proposal to extend the VAT exemption.

  The biggest challenge for CSOs was financial sustainability, which was especially endangered by the suspension of the competition for co-financing projects of public importance, both at the national and local levels. In addition, while the provisions of the Regulation on Fiscal Benefits and Direct Benefits were insufficiently clear when it came to CSOs, they unequivocally excluded informal citizens’ initiatives, and thus jeopardised their survival.

  In addition, the right to the freedom of expression was especially endangered during the pandemic. Challenges included restrictions faced by the press to attend and ask questions at Crisis Staff press conferences, the disregard of media representatives by officials in government bodies and institutions, and the persecution of media outlets that pointed to negative consequences during the pandemic. These restrictions opened up opportunities for the dissemination of unverified information. The lack of timely and factual information led to the further spread of panic and it became clear that in addition to the pandemic, Serbia also faced an ‘infodemic’.

  What are the views of civil society about the government response to the pandemic, including the conditions under whichthe recent elections were held?

  Despite the very unfavourable position they found themselves in, CSOs played a significant role during the COVID-19 crisis. CSOs had a significant role to play in correcting government failings, as they put forward numerous quality proposals for overcoming the crisis. In many situations it was CSOs, due to better training, that took over the roles of certain civil services. The general impression is that the state was not ready for the crisis, and therefore did not have enough capacity to provide a better response. 

  Due to its closed nature, the government used the need of urgency and efficiency as a pretext to bypass dialogue. In adopting some measures, there were frequent violations of laws and the constitution, and of people’s rights, particularly the right of journalists to do their work. Economic measures were not adopted in a timely and effective manner, which endangered many CSOs and their activists, ultimately having their greatest impact on people as users of CSO services.

  Regarding the parliamentary elections, which were held on 21 June after being postponed from their original date of 26 April, there is still an unanswered question regarding the government’s responsibility for conducting an election process under the pandemic. There is suspicion that the decision to hold the election was politically motivated and irresponsible. This was reinforced by the fact that in the weeks following the election, the number of COVID-19 infections and deaths drastically increased. It seems that the efforts made by some CSOs to create conditions for free and democratic elections have not yielded the desired results.

  What were the main issues that got in the way of a free and fair election?

  Beyond the pandemic, the major concern about the elections was that they were dominated by the ruling party, including through pressure on critical journalists and media outlets and control of mainstream media, which lack a diversity of opinions and balanced coverage and are used for campaign purposes.

  Media coverage during the election campaign was slightly more balanced than in previous elections, because the government wanted to prove that complaints from the public and the political opposition regarding poor election conditions and the captivity of the media were baseless. In principle, candidates were treated equally by public media, although public officials campaigning on a daily basis also received a lot of additional coverage. On top of this, members of the opposition who had decided to boycott the elections and therefore did not present candidates did not have room to present their arguments on national television.

  The unequal treatment of candidates was especially visible in national commercial television channels, which provided logistical support to the ruling party and its coalition partners. This problem was exacerbated by the passive stance adopted by the Electronic Media Regulatory Body (REM), which played an almost imperceptible role during the election campaign. In May 2020, REM changed its methodology of monitoring the media representation of political actors, counting every mention of a political option as proof of media representation. This led to the conclusion that the opposition Alliance for Serbia was the most represented party. But in reality, the Alliance for Serbia, which boycotted the elections, did not receive any media coverage on national television; rather it was the most frequent target of attacks by the ruling party and its allied media. In this area, another problem is the uneven normative framework: REM’s regulations relating to public media services are legally binding, but those relating to commercial broadcasters are drafted in the form of recommendations and have no binding effect, and there are no effective safeguards against violations.

  What are the implications of the election results for human rights and democracy in Serbia?

  The ruling Serbian Progressive Party, truly a right-wing party, won over 60 per cent of the vote, claiming approximately 190 seats in the 250-seat parliament. Their coalition partner, the Socialist Party of Serbia, came second with about 10 per cent of the vote, adding approximately 30 seats to the coalition. As a result, the National Assembly was left without opposition representatives, opening additional space for unlimited and legally unhindered exercise of power by the ruling party. The past four years are proof that the mere presence of the opposition in parliament is not a sufficient barrier to arbitrariness, as the government has perfected mechanisms to make parliamentary procedures meaningless and restrict the freedom of speech of opposition representatives. But some opposition legislators, through their initiatives, public appearances and proposals, managed to draw attention to numerous scandals and violations of the law by state officials.

  The protests that came after the elections seem to point towards further political polarisation and a deepening of the political crisis, as a large number of people lack representation and feel deprived of the right to elect their representatives without fear through free and democratic elections. The latest attempts to deal with civil society, journalists and prominent critical individuals by promoting investigations of money laundering or terrorist financing speak about deepening polarisation. The development of human rights requires coordination and cooperation of CSOs and state bodies as well as social consensus and political will, so this is certainly not contributing to an improvement of the human rights situation in Serbia. On the contrary, it is leading to an increasingly serious crisis, the aggravation of inequalities and injustices and more frequent protests.

  Civic space in Serbia is rated as ‘obstructed’ by theCIVICUS Monitor.
  Get in touch with Civic Initiatives through itswebsite or itsFacebook page, and follow@gradjanske on Twitter.

• SERBIA: ‘We are not just fighting locally; we are sending a message to the world’

  CIVICUS speaks about the recent protests against the exploration and licensing of lithium mining – for use in batteries, including electric vehicle batteries – in Serbia with Miroslav Mijatović, activist and president of the Podrinje Anti-Corruption Team (PAKT). Founded in 2014, PAKT is a civil society organisation (CSO) working on anti-corruption and the promotion and protection of human rights and freedoms.

  

  What is the ongoing civil society campaign against lithium mining in Serbia?

  There are currently 172 mining exploration permits in Serbia, and lithium is being explored at 10 locations. The project that has progressed the most so far is the one in the Jadar river valley. The company in charge, Rio Tinto, certified the balance reserves of lithium and boron in late 2020, accounting for 158,647,256 tonnes – 1.7 per cent lithium and almost 14 per cent boron.

  Initial investigations are also taking place in other places across Serbia, so people all over have joined our fight in fear of what awaits them.

  The Law on Mining and Geological Explorations (2011-2015) declared lithium and boron to be strategic minerals, and therefore in the public interest, allowing land expropriation to be carried out for those mining projects. As a result, people are afraid that the state will confiscate their property at a very low price.

  Rio Tinto has spread the rumour that it pays a much better price and this has played very well on the field, but it is simply not true. The company has so far managed to buy about 150 of the 350 hectares required to obtain a building permit and approval for exploitation, but I think it won’t be able to get much more. Now everyone expects a move by the state. It is not easy for the government to move on with expropriations before an election, but after these take place in April, the situation will get worse.

  For now, the fight against Rio Tinto is taking place in the justice system. We have not yet entered the field of environmental protection because it is not yet clear which technological process will be used to separate lithium and boron. We have been told Jadar Valley is going to be experimental project, but we don’t want to be treated as lab rats. According to reputable experts and academics we have consulted with, it is almost impossible to extract lithium and boron without a severe environmental impact. Available data shows that over the estimated 60 years of the mine’s lifetime about 90 million tonnes of tailings – mining waste – will be deposited in the Jadar Valley.

  Our efforts are currently focused on the multiple proven violations of Serbian legislation and regulations involved in the state’s dealings with Rio Tinto. As well as violations of national legislation, including of the Environmental Protection Law, the Law on Planning and Construction, the Law on Agricultural Land, the Forest Law and the Law on Environmental Impact Assessment, among several others, there have been repeated violations of the Aarhus Convention, which guarantees the right of people to access timely and accurate environmental information held by the authorities.

  All Rio Tinto contracts are labelled as ‘trade secrets’. The local community knew almost nothing about the project until a special-purpose area spatial plan for Jadar came to light. There are no real controls on what the company is doing because, believe it or not, Serbia only has three mining inspectors.

  What has PAKT done to try to stop the project?

  We helped the local community register their association, ‘We won’t give up Jadar’, and soon decided to start an online petition. We were aware of the fact that a petition does not have any legal power but seized the opportunity to create wider awareness of the issue.

  We requested the help of experts and academics and activated as many public figures, including athletes and actors, as possible.

  We also cooperated with an opposition member of parliament who was able to secure a meeting with the prime minister. We showed her the 300,000 electronic signatures we had collected and explained to her why we were against the mine, but her response was that we were against progress and that was the end of the dialogue.

  However, the media began had started to pay attention, and when foreign television channels began to arrive in the Jadar Valley, we knew that we were no longer alone.

  As for legal action, there are already three complaints filed against the company. The main one is related to large-scale environmental pollution.

  For months we toured the Rio Tinto wells in the Jadar Valley and found out that nothing grew around them, not even weeds. Inspection bodies did not react to our evidence, and then someone approached us with a compensation agreement drawn on behalf of Rio Tinto, in which the company recognised pollution from exploratory wells and offered to pay damages to the plot’s owner. We investigated and found five more such contracts, all classified as secret. There may be many more, because there are over 580 exploration wells in the Jadar Valley.

  We filed a complaint against the company with the Prosecutor’s Office in Loznica, attached the contracts, and requested an independent expert investigation to find out how many wells are leaking and what kind of pollution they produce.

  What did the campaign achieve?

  The campaign connected with the public, and in the second week of protests against the scandalous Expropriation Bill, which the government tried to push through the National Assembly by urgent procedure, there were over 120,000 people on the streets.

  In the face of many displeased people mobilised in an election year, the government reacted. It first withdrew the Expropriation Bill. Then it revoked the decree greenlighting Rio Tinto’s project and backtracked on the spatial plan for the special-purpose area designed for the project’s implementation, which had been illegally introduced.

  Since the beginning of the protests, PAKT has emphasised that these were citizen protests that did not involve the political opposition. This civil revolt achieved something that the weak opposition never achieved under nine years of rule – first as prime minister and now as president – by Aleksandar Vučić: the protests attracted a part of his electorate and gave him a signal to give in.

  It really was the fact that people mobilised in an election year that did the trick. In our last meeting, we asked the prime minister if she had withdrawn the decree on the spatial plan because of growing awareness of the environmental danger, and she replied that she did not yet have all the information on lithium exploitation. It became clear to us that they are afraid of people taking massively to the streets in an election year.

  This raises concerns that the government made what they view as a small temporary compromise to make demonstrators protesters happy but everything will return to normal after the April election.

  How has Rio Tinto reacted?

  We have not been in contact with Rio Tinto for over two years. We believe dialogue only benefits them because afterwards they claim they have engaged with civil society and have listened to our concerns. When we managed to convince other CSOs that this was the right approach, the company went on to found its own fake CSOs to go through the motions of civil society consultation.

  So far, we haven’t received any threats from the company. Threats typically come from domestic extremists who mostly support the Vučić government. We are annoying for many right-wing movements and associations, so they threaten and attack us. While so far we haven’t received serious threats, we have noticed an increased interest of security agencies in our work. But as we have been dealing with corruption for more than 10 years, we are used to this.

  What do you think will happen after the elections?

  It seems that President Vučić has emerged quite strongly from the protests. He seems to have galvanised his electorate, because the public appears to have been sold on his concessions, and now they wonder, what more do environmentalists want?

  In addition, some members of the opposition joined the protests in an attempt to score some political points, which only served to drive many people off the streets. As the opposition is divided, the majority will likely stick with Vučić for another term, and I am genuinely afraid that after the election we will see the real repressive face of this regime.

  Our main goal will be to achieve the adoption of a law banning lithium and boron research, the only thing that could reduce tensions to some extent. We have submitted a bill to that effect and even proposed to set up a working group with experts from government and civil society. We urged for this to happen before the election campaign is underway, because we do not believe the government’s intentions are sincere. It is highly unlikely it will agree to pass this law by urgent procedure before the elections, so protests will likely continue.

  What support could international civil society and the international community provide?

  Any help and support from international civil society will be welcome, particularly in terms of amplifying and internationalising environmental issues. We are not just fighting here locally to protect our environment; we are sending a message to the world about the dangers of extracting lithium from solid sediments, which are simply not acceptable anywhere in the world. We all need to be vigilant.

  As an organisation whose mission is to trace the flow of public resources and money, we have also made the connection between environmental and anti-corruption issues. This government is turning Serbia into a European landfill, and there are obvious reasons why it gives tacit approval for corporations to violate environmental standards to reduce production costs.

  European Union (EU) companies and civil society should deal with this issue, because the situation in Serbia will eventually affect the business of EU companies and distort competition, ultimately affecting the quality of life in the EU.

  Civic space in Serbia is rated ‘obstructed’ by theCIVICUS Monitor.
  Get in touch with PAKT through itswebsite or itsFacebook page. 

• Serbia’s Civic Space Downgraded

  The downgrade is based on an assessment of conditions for the exercise of the freedoms of association, peaceful assembly and expression on the CIVICUS Monitor.

  CIVICUS has today downgraded Serbia’s civic space rating from Narrowed to Obstructed. The decision was taken following a thorough assessment of the state of civic freedoms in the country as protected by international law. The downgrade follows CIVICUS’ regular monitoring of the situation with our members and partners, after the government has taken a number of steps to restrict the work of independent journalists and civil society groups. The decision comes after over two years of rule by the Serbian Progressive Party (SNS), during which the space for civil society has come under concerted attack. The cumulative impact of threats, smears and the threat of physical attacks against civil society have led to the Serbia’s downgrade in the CIVICUS Monitor. An Obstructed rating indicates a situation where the state imposes a variety of legal and extra-legal restrictions on civil society through demeaning statements and bureaucratic restrictions.

  “The Serbian government appears intent on turning its back on civic freedoms, by allowing and enabling numerous abuses against civil society to go unpunished,” said Dominic Perera, Civic Space Research Advisor at CIVICUS. “Serbia has witnessed a steady decline in civic space through smear campaigns and threats directed at critics of the government coupled with a worryingly sharp increase in attacks against journalists.”

  The downgrade takes place against the backdrop of widespread protests which took place across Serbia for much of 2019. In this environment, the government has ramped up tactics designed to intimidate those who question power holders, especially on contentious issues such as corruption. Instead of conducting thorough and impartial investigations into abuses of power, public officials have doubled down on their efforts to publicly discredit journalists and organisations working to promote social justice. This includes several prominent members of the SNS party openly accusing anti-corruption activists of working to promote foreign interests for acting as government watchdogs.

  Freedom of expression has also experienced a rapid decline, with the number of attacks against journalists doubling since 2016, rising to 77 separate incidents in 2018 alone. This is further compounded by the government’s appropriation of media outlets, which has led to a situation where investigative journalists and news programmes have been mysteriously taken off air or fired. This alarming combination of tactics signals a closure of spaces for independent dissent.

  Meanwhile, the number of government-affiliated NGOs has soared. These state sponsored organisations often orchestrate smear campaigns against independent organisations and activists which criticise the government.

  “CIVICUS calls on the Serbian authorities to halt the erosion of spaces for dissent”, said Perera. “We call on the government to engage in a meaningful dialogue with civil society and to heed the calls of civil society and the EU to promote an enabling environment for civil society.”

  Serbia is now rated Obstructed on the CIVICUS Monitor. Visit Serbia’s homepage for more information and check back regularly for the latest updates. In December 2019, CIVICUS will release People Power Under Attack 2019 - a global analysis on the threats and trends facing civil society in 196 countries.

• SIERRA LEONE: ‘Civil society plays a crucial role in ensuring free and fair elections’

  CIVICUS speaks about Sierra Leone’s 24 June general election with John Caulker, founder and executive director of Fambul Tok.

  Founded in 2007, Fambul Tok (‘Family Talk’ in Krio language) is a civil society organisation (CSO) that promotes peace, restorative justice and community building in post-civil war Sierra Leone.

  What’s at stake in the 2023 general election?

  For many Sierra-Leonean voters, the most pressing concerns revolve around the economy. In his first term in office, President Julius Maada Bio of the Sierra Leone People’s Party, who has just won re-election, allocated 21 per cent of the government budget to support education, positioning himself as a champion of human capital investment. In his second presidential campaign, Bio expressed a commitment to overhaul Sierra Leone’s agricultural sector, believing it will lead to an economic turnaround.

  Bio’s supporters believe that the global economic crisis is the main reason for the current financial predicament in Sierra Leone. But Sierra Leone’s economic instability started a lot earlier, with the outbreak of Ebola in 2014, and subsequently deteriorated further with the decline in iron ore mine prices on the global market, the COVID-19 pandemic and the war between Russia and Ukraine. Inflation is in double digits, its highest level in almost two decades.

  The main opposition party, All People Congress, nominated the same candidate, Samura Kamara, who previously lost the presidential election in 2018. Kamara, who is an economist, pledged to revive Sierra Leone’s struggling economy and promote national unity.

  Both President Bio and Samura Kamara have significant support throughout Sierra Leone, while other candidates hoped that public dissatisfaction with the economy would turn votes against the two major parties.

  In addition to selecting a president, voters also elected new lawmakers, mayors and councillors.

  What changes have been introduced to the electoral law?

  As a result of a 2022 electoral reform, Sierra Leone now uses a proportional system for allocating parliamentary seats. The president decided to adopt this system to avoid by-elections and increase women’s representation, which can be done through legislative quotas when using party lists. The change was judicially challenged, leading to a landmark Supreme Court ruling that upheld the proportional representation system.

  Some people believe that by adopting party lists and using multi-member districts, the proportional system takes away their right to choose representatives directly and hands that power over to political parties. Chernor Maju Bah, the leader of the parliamentary opposition, expressed concerns regarding the limited timeframe for educating the public about the intricacies of the new system and argued that more time was necessary to ensure a smooth transition.

  Have fundamental civic and democratic freedoms been respected during the election process?

  In recent years Sierra Leone has made progress towards safeguarding and upholding freedoms of expression and association in line with its constitution and international human rights standards. However, the situation has varied over time and challenges have arisen in some instances. For example, ahead of the election the Political Parties Regulation Commission imposed a ban on all street rallies organised by political parties. Many viewed this as an infringement of their right to peaceful assembly. However, political parties were still able to gather peacefully in public spaces such as stadiums, large fields and town halls. The use of social media is also subject to limitations and regulations outlined in the Cyber Security and Cyber Crimes Act of 2021. Some arrests have been made for violations of this law.

  Sierra Leone has also made significant steps to improve its electoral processes and ensure a transparent, democratic and inclusive political system. Civil society plays a crucial role in ensuring free and fair elections by promoting voter education, monitoring the electoral process and advocating for electoral reforms. Both the government and civil society have made considerable investments to ensure that citizens are well-informed about their rights, the electoral process and the importance of participating in elections, thereby creating a more knowledgeable and engaged electorate.

  Sierra Leone has also welcomed international election observers from various organisations and institutions, who provided an impartial assessment and promoted transparency. Moreover, political parties have collectively agreed to abide by a Code of Conduct setting out guidelines for ethical campaigning and peaceful behaviour during elections, encouraging parties to uphold democratic principles and discouraging any form of violence or intimidation.

  How has civil society, including Fambul Tok, engaged in the election process?

  CSOs have been vigilant and expressed concern over increasing ethnic-based campaigns, hate speech and unrest. These are viewed by civil society as early warning signs of conflict and election-related violence.

  Although Sierra Leone has made progress in holding generally peaceful and credible elections, there have been isolated incidents of violence during this election period, including clashes between supporters of different political parties and between opposition supporters and the police, and instances of property destruction such as arson. The opposition also called for public demonstrations following the resignation of the electoral commissioner.

  As a peacebuilding organisation, Fambul Tok is focused on promoting nonviolence and voter education through our community structures and is advocating for a culture of political tolerance. Fambul Tok facilitates stakeholders’ meetings to promote peace and national cohesion and avoid malice and violence despite political differences. This has promoted peaceful and inclusive political dialogue, raised awareness about electoral misconduct and ensured that appropriate measures are in place to prevent and address electoral violence, intimidation and any other actions that undermine the integrity of the process.

  What international support is Sierra Leone’s civil society receiving, and what other forms of support would you need?

  International support plays a crucial role in assisting Sierra Leone’s civil society in both the pre-election and post-election phases. Even though funding support for civil society has diminished during these elections, CSOs continue to collaborate with international institutions to uphold the values and principles of democracy.

  International organisations, in partnership with the CSO National Elections Watch, have provided capacity-building training and financial resources to strengthen the skills and knowledge of local CSOs in election monitoring, advocacy, voter education and human rights promotion. This support enhances the effectiveness of civil society in promoting free and fair elections and safeguarding human rights. However, there is also a need for technical resources such as communication tools, data analysis software and logistical support to further enhance the capabilities of civil society.

  In 2018 there was post-election violence throughout society. The international community should support CSOs to engage in post-election peace and cohesion campaigns. This involves encouraging communities to accept the outcome of the electoral process and respect the rights of individuals. Diplomatic missions and human rights organisations should remain engaged in the process and keep advocating for a conducive environment for free and fair elections. They can do this by applying diplomatic pressure, issuing public statements and engaging with national authorities to address concerns related to civic space, human rights and electoral integrity.

  It is crucial that international support is tailored to the specific needs and priorities of Sierra Leone’s civil society, in close consultation and collaboration with local groups. This approach ensures that support is context-specific, sustainable and responsive to challenges on the ground.

  ---

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

  Get in touch with Fambul Tok through itswebsite orFacebook page, and follow@fambultok onTwitter.

• SIERRA LEONE: ‘We advocate for a civic space where people can protest with no risks’

  CIVICUS speaks about recent protests in Sierra Leone with Andrew Lavali, Executive Director of the Institute for Governance Reform, a civil society organisation (CSO) that advocates for good governance in Sierra Leone.

  What triggered the recent protests in Sierra Leone?

  Sierra Leone has many underlying issues that have greatly contributed to the recent protests. First, political polarisation has grown tremendously since the change of power in 2018. Fights over limited public sector jobs have made politics a zero-sum game.

  For the past 15 years we have seen this happen as groups in power try to appease their support bases by employing people from a certain region, who then risk losing their jobs when the government changes. To an extent, preaching hate and stoking polarisation have become a political strategy used by parties to either stay in power or propel themselves to leadership.

  It appears the opposition party has not fully embraced the result of the 2018 election and it may have fuelled the protests, judging by the fact that these broke out only in areas where the opposition have a strong presence and not throughout the country. The fact that protests are focused in certain places makes one to think that they are not just about socio-economic issues but there are also underlying political issues.

  At the same time, there are genuine concerns about economic hardship. COVID-19 restrictions and the Russian-Ukraine war have resulted in rising prices of essential commodities, especially for people living in urban areas. Socio-economic issues such as high youth unemployment and poor access to essential services are real problems. Protesters are demanding the president’s resignation due to the economic hardship they are experiencing.

  How have the authorities responded?

  During the protests both civilians and police officers were attacked, and some were killed, revealing an ongoing tension between citizens and the police. Evidence shows that the protests were in no way peaceful. They were leaderless and faceless. Some Sierra Leoneans living abroad used social media to call for protest. According to the police, they only heard about the protest on social media. They did not receive any official request from an identifiable person for police clearance.

  As soon as the violence erupted and the situation became unsafe for those not protesting, the government imposed a curfew. There were also internet restrictions imposed because protesters were coordinating their actions via social media platforms. Security presence on the streets has increased since then. These measures helped to scale down the violence and improve safety and security.

  The government also responded by making arrests. A leading youth activist in an opposition area was killed during a police raid. The response raised concerns about how police are trained to handle protests. The police have not sat down with interest groups to see how future protests can be organised. There are legitimate fears that given Sierra Leone’s recent history of violence, high youth unemployment and economic hardship, protests can easily get out of control and become very difficult to handle.

  Do you think the response will deter people from protesting?

  People will certainly be timid for a while, but I don’t think the police response will stop them mobilising in the long run. There are too many issues citizens want the government to address and if it fails to do so, protests will inevitably keep breaking out. Regardless of protests being instrumentalised for political purposes, there is a general situation of hardship that needs to be addressed. As civil society we will continue to monitor the situation and try to bring citizen voices into policy conversations.

  Protest restriction has a long history in Sierra Leone. For the past 15 years police have failed to grant permission to protest. This strained relationship with the police has culminated in a case against the police being brought to the Supreme Court by civil society. Civil society is currently documenting the events that are taking place and will then get together to discuss the situation and try to find a way to advocate for more open civic space in which people can protest without risking their lives.

  What assistance is needed from the international community?

  We need the international community to help us promote democracy, the rule of law and effective governance. International allies should support open platforms for dialogue between the police and various interest groups on the rights and responsibilities of protesters and the role of the police in securing their rights. The international community could help CSOs create awareness and provide training so that the security forces will protect the rights of citizens to exercise their right to protest safely.

  Civic space in Sierra Leone is rated ‘obstructed’ by theCIVICUS Monitor. 
  Get in touch with the Institute for Government Reform through itswebsite or itsFacebook page, and follow@GovernanceFor on Twitter.

• Singapore must expand civic space and end undue restrictions on fundamental freedoms: UN Human Rights Council Side Event

  Amidst emerging threats to civic space, representatives from civil society called on Singapore’s Government to abide by its international legal obligations and commitments to respect fundamental freedoms in a Human Rights Council side event held on 29 September, a day before the adoption of the outcomes from Singapore’s Universal Periodic Review (UPR).

• SINGAPORE: ‘Being a human rights lawyer has had a huge personal cost’

  CIVICUS speaks with constitutional lawyer and human rights advocate M. Ravi about civic space, human rights and his activism against the death penalty in Singapore.

  A prominent anti-death penalty advocate, Ravi is a founding member of the Anti‐Death Penalty Asia Network and the Singapore Anti‐Death Penalty Campaign community group. Due to his work, he has faced harassment from the Singaporean authorities.

  Over the past few years, Ravi has also worked on business and human rights, sustainability and environmental, social and governance issues. He is a founding member of the Malaysian Association of Public Advocacy for Nature.

  What is the current state of civic space in Singapore?

  Civic space is highly restricted as a result of the repressive measures taken by the government, which has curtailed freedoms of expression and peaceful assembly for years. The authoritarian ‘rule by law’ has reached a toxic state in which the average Singaporean feels terribly alienated. The upside of this is the growth of an opposition force determined to remove the ruling People’s Action Party from power.

  How did you start working on death penalty cases?

  In 2003, I was instructed in a last-ditch attempt by the family of a young Malaysian death row inmate, Vignes Mourthy, to save him from execution. The case came to me through JB Jeyaretnam, a leading opposition politician at the time. I faced procedural hurdles against reopening the case, and on the eve of the execution I asked Chief Justice Yong Pung How whether an innocent man can be hanged due to procedural reasons, to which he responded that he could. That response shook my conscience, so I started campaigning against the death penalty. I founded an organisation, the Singapore Anti-Death Penalty Campaign, to support the families of death row inmates and ultimately end the death penalty.

  What challenges have you faced?

  I took up a number of human rights constitutional cases and death penalty cases on a pro bono basis. The demanding nature of the work and the emotional aspect of death penalty cases also affected my wellbeing. Being a human rights lawyer has had a huge personal cost.

  This work has also been highly taxing on my resources. The Attorney General has filed several complaints with the Law Society and I have been prosecuted as a result. The courts slammed me with adverse personal cost orders to the tune of S$70,000 (US$ 52, 661) in my representation of death penalty cases. I had to raise funds to settle.

  A complaint that the Law Society lodged against me with the Court of Appeal in a death penalty case is now before a Disciplinary Tribunal. I have recently been suspended for five years for criticising the conduct of the prosecution of another Malaysian citizen, Gobi Avedian, who would have been executed if not for my late-stage application, in response to which the Court of Appeal acknowledged that there had been a miscarriage of justice. But for my advocacy for Gobi, I paid a huge price in the form of a five-year suspension.

  I have been often subjected to intimidation and state harassment. I have recently been investigated by the police over Facebook posts in relation to campaigns on death penalty cases as constituting contempt of court.

   

  How has this impacted on your work?

  All these repressive moves have greatly impeded my work. Lawyers in Singapore are cowed into passivity and fear, contributing to a weak legal profession. This has deprived me of the support of my peers and only increased my vulnerability. Fortunately, I have received a great deal of support from my international network of lawyers and civil society activists.

  In 2020 and 2021 I was handling almost all death row cases. I represented 26 inmates at one go and most of this work was pro bono. But the personal cost orders against me had a chilling effect on the profession: lawyers were increasingly unwilling to get involved in late-stage applications for fear of state reprisals. After my suspension, 24 inmates I represented filed an application in court and appeared on their own, as they had no lawyers to argue their cases. Some of them have already been executed. My suspension has deprived them of a voice in court. Fear is crippling the legal profession.

  Has any progress been made towards the end of the death penalty?

  There has been progress. As a result of the various legal challenges, I and others brought to court in the case of Yong Vui Kong, another young Malaysian on death row, between 2010 and 2012 an indirect moratorium was placed on death penalty cases. This contributed to the amendment to the law in respect of the mandatory death penalty, giving judges discretion in death penalty cases. Yong was saved from the death penalty, along with two of my clients and several others.

  The vigorous campaign held across Malaysia to save Yong also precipitated a call for reform of death penalty laws in Malaysia. Executions were also halted, culminating in the recent abolition of the mandatory death penalty in Malaysia. A recent campaign and legal challenges to save another client of mine, Nagenthren, from being executed further strengthened calls by civil society, media, lawyers, politicians and others to abolish the death penalty in Malaysia.

  What can civil society and the international community do to support human rights activists in Singapore?

  They can issue solidarity statements and bring the human rights violations levelled against human rights activists to the United Nations and other international bodies. It is time for such cases to be brought to international courts or to the national courts of states such as France and the USA, which have universal jurisdiction. For example, the USA’s Alien Tort Statute gives US federal courts jurisdiction over certain international human rights law violations that occurred on foreign soil and plaintiffs affected can file a claim against a foreign country in the USA. This means that Singapore can be sued in countries which has universal jurisdiction laws for its egregious human rights violations in death penalty cases.

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  Civic space inSingaporeis rated ‘repressed’by theCIVICUS Monitor.

  Follow@MRavilaw on Twitter.

• SINGAPORE: ‘Opposition parties were given unfavourable coverage by the state media and had difficulty accessing voters’

  CIVICUS speaks to human rights defender Jolovan Wham about the recent elections in Singapore, which were held in the context of the COVID-19 pandemic. TheCIVICUS Monitor has documented the use of restrictive laws in Singapore against civil society activists, human rights defenders, lawyers, independent online media outlets and members of the political opposition, who face prosecution, including through defamation suits and contempt of court charges.

  

   

  Has there been any disagreement around whether elections should be held, when, or how?

  Yes. Opposition parties were largely against it as the COVID-19 pandemic had not abated and holding the elections might pose a public health threat. They were also concerned that physical rallies and door-to-door visits would be disallowed, which would hinder their campaign efforts.

  And indeed, it was more difficult to connect face to face with voters when a one-metre distance had to be maintained during walkabouts and door-to-door visits. Everyone had to give their speeches and connect with voters online.

  Some changes were introduced so elections would proceed in the context of the pandemic. Voting time was extended by two hours to take the longer queues caused by social distancing into consideration. But the possibility of online voting was not discussed. And older people and those who were frail may have not participated for fear of getting infected with COVID-19.

  What was the state of civic freedoms ahead of the elections?

  The ruling People’s Action Party’s (PAP) control of all public institutions is a major civic freedom issue. It means it gets to shape the political discourse according to its agenda and set the rules of the game to its advantage. For example, the elections department, which draws electoral boundaries, reports to the prime minister himself. Most civil society groups are afraid of engaging in the elections in a meaningful way for fear of being seen as ‘partisan’. If a civil society association is associated with an opposition party, it may lose funding, support and patronage for its work.

  A recent report by the ASEAN (Association of Southeast Asian Nations) Parliamentarians for Human Rights documented structural flaws that prevented the election from being fair, including the prime minister’s broad powers over the entire electoral process without any effective oversight. The environment in which the Singaporean people were able to exercise their right to participate in public life was heavily restricted. Key opposition candidates had been targeted with lawsuits by members of the PAP, and voters in opposition-led constituencies fear reprisals for not voting for the PAP. Fundamental freedoms, which are intrinsically linked to free elections, are limited as the government controls the media and uses restrictive laws against dissenting and critical voices.

  How did this affect the chances of the opposition?

  Opposition candidates and parties had to rely solely on social media to get their message out, because of unfavourable coverage by state media. They also had difficulty accessing voters because of the PAP’s monopoly, manipulation and control of national grassroots groups, unions and organisations, on top of the difficulties involved in holding physical rallies in the context of the pandemic.

  The elections were held on 10 July. The PAP secured 83 parliamentary seats but faced a setback as the opposition made minor but historic gains. The Workers’ party, the only opposition party in parliament, increased its seats from six to 10 – the biggest result for the opposition since independence. The PAP popular vote dipped to 61 per cent.

  What were the main issues the campaign revolved around?

  For the PAP, the campaign revolved around smearing opposition candidates, accusing them of peddling falsehoods and of having nefarious agendas and engaging in character assassination. Scaremongering tactics were also used: the electorate were told that only the PAP could get Singaporeans out of the COVID-19 pandemic and that having more opposition members in parliament would thwart these efforts.

  Opposition parties, on the other hand, focused on telling the electorate that they were in danger of being wiped out of parliament as they held fewer than 10 elected seats out of almost 90. Issues such as the high cost of living and immigration were other key issues raised by the opposition.

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

• Six countries added to watchlist of countries where civic freedoms are under serious threat

  New #civicspace watchlist - Six countries to keep an eye on: https://t.co/E5ih0npWYM pic.twitter.com/gWwAzUCHrz

  — CIVICUS (@CIVICUSalliance) August 20, 2018

  • Bangladesh, Maldives, Cameroon, DRC, Guatemala, Nicaragua join global watchlist
  • Escalating rights violations include killings, attacks on protesters, media, opposition
  • Neighbours, international community must pressure governments to end repression

  Six countries in Asia, Latin America and Africa have been added to a watchlist of countries which have seen an escalation in serious threats to fundamental freedoms in recent weeks and months.

  The new watchlist released by the CIVICUS Monitor, an online platform that tracks threats to civil society across the globe, identifies growing concerns in Bangladesh,  Maldives, Cameroon, Democratic Republic of the Congo (DRC), Guatemala, and Nicaragua. Activists and civil society organisations in these countries are currently experiencing a severe infringement of civic freedoms, as protected by international law.

  Violations include brutal attacks by police on peaceful protests in Nicaragua and Bangladesh; the murder of human rights defenders in Guatemala; the killing of protesters and a brutal state campaign against activists and the political opposition in the DRC; and the prosecution of human rights defenders and journalists on fabricated charges in Cameroon, amidst an escalating civil conflict.

  “It is deeply concerning to see escalated threats to basic rights in these countries,” said Cathal Gilbert, CIVICUS Civic Space Research Lead.

  “It is crucial that these six governments wake up to their failure to respect international law and take swift action to respect their citizens’ most basic freedoms in a democratic society,” Gilbert said.

  “We also call upon neighbouring states and international bodies to do put pressure on these countries to end the repression.”

  Over the past year, authorities in Bangladesh have used repressive laws to target and harass journalists and human rights defenders, restrict freedom of assembly and carry out the enforced disappearances of opposition supporters. The human rights situation has deteriorated further ahead of national elections scheduled for late 2018. Members of the Bangladesh Chhatra League (BCL), the student wing of the ruling party Bangladesh Awami League (BAL), have attacked student activists, academics and journalists with impunity.

  In Nicaragua, at least 300 people have been killed since protests began in April 2018, with hundreds more kidnapped or missing. The demonstrations were initially sparked by regressive changes to the social security system but grew to include calls for President Daniel Ortega to resign in the wake of his brutal repression of peaceful protests. While large-scale marches have subsided in recent days, some continue amid a tense political situation as the Ortega government continues to silence critics despite agreements struck with international bodies, and an undertaking to allow an IACHR investigation into the violence. Attacks on protestors are perpetrated both by state forces and armed groups aligned with the government.

  This year, between January and July alone, at least 18 human rights defenders (HRDs) were killed in Guatemala. There were also two assassination attempts and 135 other attacks, with 32 of those aimed at women HRDs. In early August, United Nations Special Rapporteurs issued a statement raising the alarm at the spike in killings in 2018. Reports from Guatemala indicate that the space for civil society has worsened due to land disputes and actions by corporate interests, the source of targeted violence against specific groups of activists.

  Despite the announcement that Congolese president Joseph Kabila will not run for a third term, tensions are still high in the DRC, ahead of scheduled elections in December.  In recent months, protestors, youth movements, human rights defenders, journalists and the political opposition have all faced widespread state repression, including arrests. In June this year, CSOs and UN Special Rapporteurs expressed serious concerns about a planned new law that would give authorities power to dissolve non-governmental organisations (NGOs) over public order or national security concerns.

  In Maldives, a widespread crackdown on dissent began in February 2018 when a court ordered the release of opposition leaders. This decision led to the arbitrary arrest of judges, scores of opposition politicians and activists as well as the use of unnecessary force by police to disperse peaceful demonstrations. There are also documented cases of people being ill-treated in detention. With elections due on 23rd September 2018, civic space is likely to become increasingly contested. Already in May 2018, the Electoral Commission moved to bar four opposition leaders from running in the upcoming presidential elections.

  In Cameroon, an escalating conflict in the country’s Anglophone regions between armed separatists and the government has sparked a mounting humanitarian crisis. It began as protests in 2016, resulting in state repression of protests and the arrest and prosecution of protest leaders. The conflict intensified in recent months with killings and human rights violations committed by both sides. At least 100 civilians, 43 security officers and an unknown number of armed separatists have reportedly been killed, according to an International Crisis Group report. NGOs and human rights defenders have also been targeted.

  In the coming weeks, the CIVICUS Monitor will closely track developments in each of these countries as part of efforts to ensure greater pressure is brought to bear on governments. CIVICUS calls upon these governments to do everything in their power to immediately end the ongoing crackdowns and ensure that perpetrators are held to account.

  ENDS.

  For more information, please contact:

  Cathal Gilbert

  Grant Clark

• SLOVENIA: ‘The government has taken advantage of the pandemic to restrict protest’

  CIVICUS speaks about the recent right-wing shift in Slovenia with Brankica Petković, a researcher and project manager at the Peace Institute in Ljubljana. Founded in 1991, the Peace Institute-Institute for Contemporary Social and Political Studies is an independent, non-profit research institution that uses research and advocacy to promote the principles and practices of an open society, critical thought, equality, responsibility, solidarity, human rights and the rule of law. It works in partnership with other organisations and citizens at the local, regional and international levels.

• SOUTH AFRICA: ‘We want to live in an environment that respects women and recognises our human rights’

  

  As part of the #16DaysOfActivism campaign, CIVICUS speaks with Amanda Nomnqa about civil society efforts to eradicate gender-based violence (GBV) in South Africa.

  Amanda is the founder of SheIsBrave, a South African civil society organisation that provides mentorship and empowers young girls and women to gain independence and overcome GBV.

  The 16 Days of Activism against Gender-Based Violence is an annual international campaign that kicks off on 25 November, the International Day for the Elimination of Violence against Women, and runs until 10 December, Human Rights Day.

  How big a problem is GBV South Africa?

  GBV is the worst pandemic South Africa continues to face. The country exhibits very high rates of GBV that affect not only women but also children and LGBTQI+ people. The social, political and economic situation so many of them live in exposes them to GBV. This violence has robbed many of their lives, freedom, dignity and more. It is a human rights violation that has a huge impact on the social and development progression of survivors.

  The criminal justice system doesn’t support victims and survivors. The national police systematically fails to help them: it doesn’t channel enough resources to help victims, and the available resources are misused due to lack of expertise in using them. Analysing DNA takes them too long and many police officers don’t know how to use a rape kit properly. All this perpetuates GBV and makes the fight against it even more difficult. And there is no political will to implement measures and policies to tackle the problem.

  What work does your organisation do?

  SheIsBrave is an organisation led by womxn and young people founded and registered in 2018, seeking to empower girls and young women by providing formal and non-formal skills so they can successfully compete in the job market and become independent. Most GBV victims become hopeless and we want to make sure they still feel valuable, can acquire skills and can use them to improve their lives. We want them to have access to socio-economic opportunities so they can overcome situations of GBV and escape their damaging consequences.

  We also support survivors by helping them get counselling. Getting professional help is very important for mental wellbeing so we want to provide that kind of help.

  We also have programmes for young girls and children to teach them about GBV. We provide activities for them to work on their talents and allow them a space to express themselves. Our aim is to show them that certain situations are not normal and are wrong, and empower them so they are confident enough to speak up if they are facing such situations. We also try to equip them so they can carry on the same kind of advocacy work in the future.

  We also mobilise in protest to make noise and draw attention to the scourge of GBV in our communities so that those in power finally do something about it.

  What challenges do you face?

  Our main challenge is the lack of financial and material resources to work with our target communities. Lack of funding has limited the scope of our work because we are forced to focus mostly on zero-budget activities. We depend on fundraising and sometimes have to contribute funds from our own pockets.

  There aren’t enough funds in place to support civil society in South Africa, and most of what’s available doesn’t reach the organisations doing the work due to mismanagement and corruption. During the pandemic we saw a rise in GBV cases but the government failed to provide enough funding for shelters, medical help and legal aid to victims and survivors. Lack of government funding affected most organisations that provide support to victims. Unfortunately, this is what most organisations including ours are still going through. Organisational growth has really been limited as a result.

  What will you be doing for the 16 Days of Activism campaign?

  This year we will be working on the ground. We are hosting public meetings with activists working on the same issues as us. We want to bring awareness about GBV in general and femicide in particular. SheIsBrave is based in a community that considered one of the top three biggest hotspots for GBV in South Africa. So we are taking advantage of this opportunity to share information among community members on how people experiencing abuse can report cases, seek medical attention and access shelters.

  We hope that as a result more people will know what to do if they need help. We want them to know that help is available and they should never shy away from reaching out.

  We also hope our work will inspire other organisations working on these issues to reach out so we can collaborate in the future. If we speak in one voice, we will be more consistent and more powerful and we stand a better chance of making the government and other stakeholders see that they must urgently address the problem.

  We are aware that on this date many other organisations are mobilising to push the government to enact better laws and implement better policies to address GBV and we hope this year our voices will be heard. We want to live in an environment that respects women and recognises our human rights. Our government should commit to helping us in our struggle.

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  Civic space in the South Africais rated ‘obstructed’ by theCIVICUS Monitor

  Get in touch with SheIsBrave through itswebsite or itsFacebook andInstagram pages, and follow@sheisbrave_za on Twitter.

• SOUTH KOREA: ‘North Korean defectors and activists face increasing pressure to stay silent’

  CIVICUS speaks with Ethan Hee-Seok Shin, a legal analyst with the Transitional Justice Working Group (TJWG), a Seoul-based civil society organisation (CSO) founded by human rights advocates and researchers from five countries. Founded in 2014, it is the first Korea-based CSO focused on transitional justice mechanisms in the world’s most repressive regimes, including North Korea. TJWG aims to develop practical methods for addressing massive human rights violations and advocating justice for victims in pre and post-transition societies. Ethan works on TJWG’s Central Repository project, which uses a secure platform to document and publicise cases of enforced disappearances in North Korea. He uses legislative and legal action to raise awareness about North Korean human rights issues.

   

  Can you tell us about the work being done by South Korean civil society groups about the human rights situation in North Korea?

  There is a rather broad range of CSOs working on North Korean human rights issues. TJWG has been working to prepare the ground for transitional justice in North Korea, in line with its core mission of human rights documentation.

  TJWG’s flagship project has resulted in a series of reports mapping public executions in North Korea, based on interviews with escapees living in South Korea. We record the geospatial information of killing sites, burial sites and record storage places, including courts and security service facilities, by asking our interviewees to spot the locations on Google Earth. The report’s first edition was released in July 2017 and was based on 375 interviews, and its second edition was launched in June 2019 after conducting 610 interviews.

  We are also currently in the process of creating an online database of abductions and enforced disappearances in and by North Korea, called FOOTPRINTS. This uses Uwazi, a free, open-source solution for organising, analysing and publishing documents, developed by HURIDOCS, a CSO. When launched to the public, FOOTPRINTS will provide an easily accessible and searchable platform to track individuals taken and lost in North Korea.

  Other than documentation and reporting work, we have been active in international and domestic advocacy. Jointly with other human rights CSOs, TJWG drafted and submitted an open letter urging the European Union to strengthen the language and recommendations in the annual human rights resolutions adopted by the United Nations’ (UN) General Assembly and Human Rights Council on North Korea. We have also made case submissions to the UN Working Group on Arbitrary Detention, the UN Working Group on Enforced or Involuntary Disappearances and other UN human rights experts.

  In July 2020, the South Korean government revoked the registration of two CSOs and issued a notice of administrative review and inspections of ‘defector-run’ groups working on human rights in North Korea. Why are these groups being targeted?

  The direct catalyst was the June 2020 provocations by North Korea. On 4 June, Kim Yo-Jong, sister of supreme leader Kim Jong-Un and the first vice department director of the Workers’ Party of Korea’s Central Committee, criticised the ‘anti-DPRK [Democratic People's Republic of Korea] leaflets’ flown to North Korea by ‘North Korean escapees’ and threatened the cessation of Mount Kumgang tourism, the complete demolition of the Kaesong industrial region, the closure of the inter-Korean liaison office, or the termination of the 9/19 military agreement (the 2018 agreement to create demilitarised buffer zones) unless the South Korean authorities took ‘due measures’.

  Just four hours after Kim Yo-Jong’s early morning bombshell, the South Korean Ministry of Unification (MOU) announced that it would prepare legislation banning the distribution of leaflets to North Korea. This was a complete reversal of the government’s longstanding position, which consistently avoided such legislation for fear of infringing upon the freedom of expression.

  On 10 June 2020, the MOU announced that it would file criminal charges against Park Sang-Hak and Park Jung-Oh, two defectors from North Korea, for violating article 13 of the Inter-Korean Exchange and Cooperation Act, which requires prior approval of any inter-Korean exchange of goods, and would revoke the incorporation of their organisations, Fighters For Free North Korea (FFNK) and KuenSaem, for sending leaflets in air balloons and rice-filled PET bottles on sea currents to North Korea, as they did on 31 May 2020.

  While the North Korean government eventually toned down its rhetoric, the South Korean government began to take actions against North Korean human rights and escapee groups, viewed as a hindrance to inter-Korean peace.

  On 29 June 2020 the MOU held a hearing and on 17 July it announced the revocation of the legal incorporation of FFNK and KuenSaem for contravening incorporation conditions by grossly impeding the government’s reunification policy, dispersing leaflets and items to North Korea beyond the stated goals of their incorporation and fomenting tension in the Korean peninsula under article 38 of the Civil Code, a relic from the authoritarian era. 

  The MOU also launched ‘business inspections’ of other North Korean human rights and escapee settlement support groups among the over 400 associations incorporated by MOU’s permission, possibly with a view to revoking their incorporation. On 15 July 2020, the Association of North Korean Defectors received a notice from the MOU that it would be inspected for the first time since its incorporation in 2010. The following day, MOU authorities informed journalists that they would first conduct business inspections on 25 incorporated North Korean human rights and escapee settlement support groups, 13 of them headed by North Korean defectors, with more to be inspected in the future. While acknowledging that the leaflet issue triggered the inspections, the MOU added that the business inspections would not be limited to those involved in the leaflet campaign.

  How many groups have been reviewed or inspected after the announcements were made?

  Because of the international and domestic uproar caused by the obviously discriminatory nature of the inspections targeting North Korean human rights and escapee groups, the MOU has somewhat toned down its approach, and has belatedly begun to argue that it is focusing on all CSOs registered under the MOU.

  On 6 October 2020, the MOU told reporters that it had decided to inspect 109 out of 433 CSOs for failing to submit annual reports or for submitting insufficient documentation. According to the information provided, 13 of the 109 groups to be inspected are headed by North Korean escapees; 22 (16 working on North Korean human rights and escapee settlement, five working in the social and cultural fields and one working in the field of unification policy) have already been inspected and none has revealed any serious grounds for revocation of registration; and the MOU intends to complete the inspection for the remaining 87 CSOs by the end of 2020.

  In any case, the government appears to have already succeeded in its goal of sending a clear signal to North Korea that it is ready to accommodate its demands in return for closer ties, even if it means sacrificing some fundamental principles of liberal democracy. The government has also sent a clear signal to North Korean human rights and escapee groups with the intended chilling effect.

  How has civil society responded to these moves by the government?

  Civil society in South Korea is unfortunately as polarised as the country’s politics. The ruling progressives view the conservatives as illegitimate heirs to the collaborators of Japanese colonial rule between 1910 and 1945, and post-independence authoritarian rule up to 1987. The previous progressive president, Roh Moo-Hyun, who served from 2003 to 2008, killed himself in 2009 during a corruption probe, widely seen as politically motivated, under his conservative successor. The incumbent Moon Jae-In was elected president in 2017, riding a wave of public disgust at his right-wing predecessor’s impeachment for corruption and abuse of power.

  Most CSOs are dominated by progressives who are politically aligned with the current Moon government. The progressives are relatively supportive of the human rights agenda but are generally silent when it comes to North Korean human rights because of their attachment to inter-Korean rapprochement. The same people who talk loudly about Japanese ‘comfort women’ – women forced into sexual slavery by Imperial Japan before and during the Second World War – or authoritarian-era outrages readily gloss over present North Korean atrocities in the name of national reconciliation.

  Most North Korean human rights groups are formed around North Korean escapees and the Christian churches of the political right that passionately characterise leftists as North Korean stooges. Many are also generally hostile to contemporary human rights issues such as LGBTQI+ rights, which is rather ironic as Australian judge Michael Kirby, the principal author of the 2014 UN report that authoritatively condemned the grave human rights violations in North Korea as crimes against humanity, is gay.

  The largely progressive mainstream CSOs have not been on the receiving end of persecution by the government led by President Moon; on the contrary, prominent civil society figures have even been appointed or elected to various offices or given generous grants. Some do privately express their dismay and concern at the government’s illiberal tendencies, but few are ready to publicly raise the issue because of the deep political polarisation.

  Is the space for civil society – structured by the freedoms of association, peaceful assembly and expression – becoming more restrictive in South Korea under the current administration?

  The Moon government has displayed worryingly illiberal tendencies in its handling of groups that it views as standing in its way, such as North Korean human rights and escapee groups, who have faced increasing pressure to stay silent and cease their advocacy. 

  President Moon has reopened a dialogue with the North Korean government to establish peaceful relations, neutralise the North’s nuclear threat and pave the way for family reunification, along with other estimable goals.

  However, along with US President Donald Trump, President Moon has employed a diplomatic strategy that downplays human rights concerns. Notably, neither the 2018 Panmunjom Declaration between North and South Korea nor the Joint Statement issued after the 2018 Trump-Kim summit in Singapore make any mention of the North’s egregious human rights abuses.

  In the weeks before President Moon met North Korean leader Kim in Panmunjom, there were reports that North Korean defector-activists were being prevented from carrying out their activism. In October 2018, South Korea acquiesced to North Korea’s demand to exclude a defector journalist from covering a meeting in North Korea. On 7 July 2019, there was an extraordinary rendition of two defectors, fishers who were allegedly fugitive murderers, to North Korea five days after their arrival without any semblance of due process.

  The Moon government has resorted to illiberal tactics on other perceived opponents as well. A man who put up a poster mocking President Moon as ‘Xi Jinping’s loyal dog’ (referring to the Chinese president) at the campus of Dankook University on 24 November 2019 was prosecuted and fined by court on 23 June 2020 for ‘intruding in a building’ under article 319 (1) of the Penal Code, even though the university authorities made clear that they did not wish to press charges against him for exercising his freedom of expression. Many criticised the criminal prosecution and conviction as a throwback to the old military days.

  The government has also moved to exercise ever more control over state prosecutors. The Minister of Justice, Choo Mi-ae, has attacked prosecutors who dared to investigate charges of corruption and abuse of power against the government, claiming a conspiracy to undermine President Moon.

  Another worrying trend is the populist tactic by ruling party politicians, notably lawmaker Lee Jae-jung, of using the internet to whip up supporters to engage in cyberbullying against reporters.

  What can the international community do to support the groups being targeted?

  In April 2020 the ruling party won the parliamentary elections by a landslide, taking 180 of 300 seats, thanks to its relative success in containing the COVID-19 pandemic. The opposition is in disarray. All this has emboldened rather than humbled the government, and its illiberal tendencies are likely to continue. Due to the severe political polarisation, ruling party politicians and their supporters are not likely to pay much heed to domestic criticism.

  The voice of the international community will therefore be crucial. It is much more difficult for the government to counter concerns raised by international CSOs as politically motivated attacks. A joint statement or an open letter spearheaded by CIVICUS would be helpful in forcefully delivering the message that human rights in North Korea are of genuine concern for the international community.

  Furthermore, South Korea will soon be submitting its fifth periodic report to the UN Human Rights Committee in accordance with the list of issues prior to reporting (LOIPR). Because North Korea-related issues and concerns are not included in the LOIPR, it would be extremely helpful if international CSOs joined forces to include them in the oral discussion with the members of the Human Rights Committee and in their concluding observations.

  In the shorter run, country visits to South Korea by the UN Special Rapporteur on the Promotion and Protection of the Right to Freedom of Opinion and Expression, the UN Special Rapporteur on the Rights to Freedom of Peaceful Assembly and of Association, and the UN Special Rapporteur on the Situation of Human Rights Defenders would be excellent opportunities to internationalise the issue and put pressure on our government.

  Even progressives may support a reform of the outdated law on CSO registration, for instance, as a matter of self-interest, if not of principle, in case of change of government.

  Civic space inSouth Korea is rated ‘narrowed’by the CIVICUS Monitor.
  Get in touch with the Transitional Justice Working Group through itswebsite orFacebook page, and follow@TJWGSeoul on Twitter.

• SPAIN: ‘Democratic rules are being used to promote an anti-rights ideology’

  CIVICUS speaks about the recent election in Spain with Núria Valls, president of the Ibero-American League of Civil Society Organisations (Liga Iberoamericana), a platform that brings together 29 civil society organisations from 17 Ibero-American countries, specialising in human, social and community development. Legally incorporated in Spain, the Ibero-American League has worked on childhood, youth, education and labour issues from a human rights perspective for 20 years, by providing advice to governments, monitoring and evaluating programmes and building networks and doing public policy advocacy at the local, domestic and international levels.

  

  What were the causes of the political instability that required Spain to hold two elections in 2019?

  The widespread rejection of the political system that was established following the transition from dictatorship to democracy in the 1970s led to a significant deterioration of the two traditional parties: the Spanish Socialist Workers Party (PSOE) and the Popular Party (PP). These political parties were very used to bipartisanship and ruling with the support of large majorities. When other parties appeared on stage, pacts and coalitions became necessary, which until then had only been a feature of local politics. It became necessary to include more minority parties and nationalist parties from the country’s periphery, which does not always pay electorally.

  In addition, the political conflict in Catalonia had radicalised the positions of parties present at the state level, which entered into a sort of competition to show who was the most Spanish. Even leftist parties do not dare to speak in recognition of Spain’s national plurality because the media, and particularly those from the capital, Madrid, criticise them aggressively.

  In the first elections of 2019, held in May, the PSOE felt uncomfortable when negotiating with the leftist and independent parties that had supported the motion of censure leading to the replacement of the conservative government led by the PP. On top of this, the personal ambitions of the leaders of both the PSOE and Unidas Podemos, the left-wing coalition formed in 2016 by the Podemos political movement and several other political forces, made a pact impossible at that time.

  The PSOE misread the polls and believed that a second election would give them the majority, and therefore the possibility of governing alone. But ahead of the November elections, people were angry because, as they saw it, due to their leaders’ personal egos parties had not done their job, and instead had made us waste time and money. All of this further deepened dissatisfaction with politics.

  Would you say that the extreme right party Vox benefited from this?

  Vox was one of the parties that benefited the most from the second election. It doubled its number of votes and became the third most represented party, with 52 seats, right behind the two major parties.

  Traditionally in Spain it was considered that there was no extreme right because the PP encompassed the entire right wing. But Vox emerged with great force and with a Francoist, aggressive anti-human rights discourse, presenting itself as the guarantor of the unity of Spain against separatism. In fact, the way the situation in Catalonia has been handled has been a breeding ground for the acceptance of increasingly right-wing discourse, justified in the need to preserve the unity of Spain.

  Another electoral result worth mentioning is that of Ciudadanos, a seemingly liberal party, which not long ago thought it would soon be in government, but which practically disappeared given its meagre results. Ciudadanos had focused its discourse on territorial conflict and on the unity of Spain. Voters who prioritised this issue preferred Vox, which has a more radical stance.

  Despite the good results obtained by Vox, however, it was the left that won the elections and this time they worked fast. In just 24 hours a pact between the PSOE and Unidas Podemos was forged, which had previously been impossible to achieve. Citizens found it hard to understand why what a few months ago had been impossible was now possible. But what is important is that the formation of a government was prioritised against the feeling of instability and paralysis that has prevailed in recent years. Faced with this broad pact among leftist parties, the right wing reacted with a very aggressive discourse, strongly rooted in the Francoist tradition.

  Finally, due to the abstention of Catalan pro-independence parties, it was possible to form a government. Governing will not be easy, but it promises to be a very interesting experience, which offers the possibility of creating change. It will be a very broad government, with 22 ministerial portfolios, notably characterised by gender parity.

  How would you characterise Vox as a political force and ideological trend?

  Vox is a far-right party that does not hide its xenophobic anti-human rights discourse. It prioritises two major issues: the unity and centralisation of Spain, and the elimination of gender policies.

  This is a worrying phenomenon that is not only happening in Spain. Extreme right parties arise in times of citizen frustration in the face of economic and social inequalities in a globalised world. There is an international movement – which spans Brazil, France, Italy, Norway, the USA and many other countries – that focuses on stigmatising and criminalising migration and so-called ‘gender ideology’. The support for these speeches by some religious congregations should also be analysed.

  These parties use democracy’s rules to promote an anti-human rights ideology. It is paradoxical that democracy, which was born under the values ​​of participation and respect for rights, is currently being used to strengthen and foster an ideology that is totally opposed to those values.

  How did this right turn take place just a few years after so many people had taken part in protests for economic and social justice?

  An element of this turn has to do with the anger that a section of the population feels toward politics. Corruption of political parties has had a great impact on society, as people think that politicians are in politics only to enrich themselves. There is no idea of politics in the broader sense as linked to the common good.

  In particular, there is a bloc of young people who see a very difficult future for themselves. They have very low expectations and view a vote for Vox is an anti-system choice. This is the vote of those who think that migration will deprive them of jobs and state resources, and that gender policies are an exaggeration. Vox is very apt at using social media with direct messages often based on falsehoods but that are reaching the population.

  The territorial conflict between Spain and Catalonia has also functioned as a catalyst for this anger. The message of ‘we’ll go after them (‘A por ellos’) used to despatch police units from the rest of Spain towards Catalonia to try to prevent the referendum on 1 October 2017, later reinforced by a message from the King, aroused an anti-Catalan sentiment. The right bloc, and especially Vox, appropriated the defence of the monarchy against republican leftist parties.

  How is this process being experienced by civil society? Do you think that the space for civil society is being degraded in Spain?

  Organised civil society was caught a little off guard. On the one hand, we did not believe that electoral support for Vox would be so strong, and on the other hand, we had a debate about whether we should respond to them, and therefore give them more media coverage, or whether it was best to ignore them. The second option prevailed, among political parties as well. And the strategy of ignoring them contributed to the increase in votes for Vox. There was nobody left to respond to their expressions bluntly and with clear arguments.

  Now civil society debate revolves around the need to defend human rights clearly and forcefully and respond to any expression that hurts or stigmatises any population group.

  In the territories where it is governing together with the PP and Ciudadanos, such as Andalusia, Madrid and Murcia, one of Vox's first actions has been to press for the end of aid to organisations working with women or vulnerable groups.

  We are experiencing a risk of regression in freedoms and therefore it is necessary for us to work in a more united way than ever as civil society. A clear communication strategy must be developed to reach all people. Often we in civil society remain locked in our own spheres and find it hard to take our message beyond our circles.

  Another strategy used by the right wing, and especially by Vox and the PP, is to use the justice system to settle political disagreements. Much of the judiciary in Spain is still very ideological, since many conservative judges remain as heirs of the Franco regime. As a result, sentences have abounded against the freedom of expression on social media, including censorship of songs. And many people have also been convicted for protesting publicly, especially in Catalonia.

  How has the situation in Catalonia evolved since the 2017 referendum?

  The referendum of 1 October 2017 was an act of empowerment by a section of the Catalan population that participated very actively, with a collective sentiment of civil disobedience, to achieve a better future against a state that did all it could to prevent it from happening. The violent state repression unleashed during the referendum and afterwards increased the collective feeling of a big section of the population in favour of independence, and especially in favour of the right to decide through elections.

  After the referendum, repression against Catalan pro-independence groups increased, and the state put all its police and judicial machinery in motion. In addition, it launched article 155 of the Constitution, which provides the state with a coercive mechanism to bind the autonomous communities that breach constitutional or legal obligations or seriously undermine Spain’s ‘general interest’. Article 155 suspended the autonomy of Catalonia from 27 October 2017 until 2 June 2018, when new regional elections were held. It amounted to almost a year of political, financial and administrative paralysis in Catalonia.

  Previously, on 16 October 2017, the leaders of the two most representative Catalan pro-independence groups, Jordi Cuixart and Jordi Sánchez, had been imprisoned for mediating in a spontaneous and peaceful demonstration in front of a building of the Generalitat, the Catalan government, where the police were conducting a search. They were imprisoned preventively, with no possibility of release before their trial.

  Following these arrests, judicial repression against the government of Catalonia increased, culminating in the detention of the vice president and five government ministers plus the president of the parliament of Catalonia, all of whom were placed in pre-trial detention. For his part, the president of the Generalitat went into exile in Belgium along with four more ministers, and two other politicians went into exile in Switzerland. The government of Spain made statements affirming that it had decapitated the pro-independence movement.

  This entire judicial and repressive process further complicated the political situation in Catalonia. The ruling issued on 14 October 2019, which sentenced independence leaders to prison terms of between nine and 13 years, amounting to a total of 100 years, caused new street protests to break out.

  Unlike all previous pro-independence demonstrations since 2012, the latest protests caused many riots and faced police repression. In addition, young people were the protagonists and adopted a more radical attitude towards repression. In that context, the anonymous Democratic Tsunami movement emerged. Inspired by the Hong Kong protests, this movement uses social media to call for large peaceful mobilisations in various locations, such as the border or the airport. The police have tried to discover who is behind this movement, but it really is just an instance of collective empowerment by pro-independence civil society.

  At present, following the latest Spanish elections in which the PSOE and Unidas Podemos required the abstention of the pro-independence party Republican Left of Catalonia to be able to form a government, the picture has changed. The government has pledged to initiate a dialogue with the government of Catalonia and to bring any agreements reached through dialogue to a citizen vote. This will not be easy because right-wing parties, using any judicial remedy at their disposal, are trying to boycott the process. An effort must be made to find a solution for the situation of pro-independence prisoners that facilitates a peaceful and political way out and allows a process of real dialogue to begin.

  Civic space in Spain is rated as ‘narrowed’ by theCIVICUS Monitor.
  Get in touch with La Liga Iberoamericana through itswebsite andFacebook page, or follow@LigaIberoamOSC on Twitter.

   

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