democracy

• ‘Due to closed civic space, it is difficult to build the resilience of communities inside the country’

  CIVICUS speaks with Helen Kidan, executive member of the Eritrean Movement for Democracy and Human Rights (EMDHR), about 20 years of crackdown by the Eritrean government and continuing human rights violations.

  Founded in 2003, EMDHR is a civil society organisation (CSO) aimed at raising awareness about the lack of civil and democratic freedoms and promoting the rule of law, human rights and democracy in Eritrea.

  What human rights violations are committed by the Eritrean government?

  Eritrea has one of the worst human rights records in Africa and is rated one the worst countries in the world for press freedoms:Reporters Without Borders’ 2022 index ranks it 179th out of 180 countries. There is no space for civil society, as there are no freedoms of association, peaceful assembly or expression.

  Thereport of the United Nations commission of inquiry on human rights in Eritrea, published in 2016, details a number of human rights violations by the regime, with crimes including genocide, sexual slavery, extrajudicial killing, forced disappearance, torture, forced labour and indefinite national service, which many have considered akin to slavery.

• ‘Democracy dies when no one works at keeping it alive’

  As part of our 2018 report on the theme ofreimagining democracy, we are interviewing civil society activists and leaders and their allies about their work to promote democratic practices and principles, the challenges they encounter and the victories they score. CIVICUS speaks to Annika Savill, Executive Head of the United Nations’ Democracy Fund (UNDEF), which is dedicated to funding projects that empower civil society, promote human rights and encourage the participation of all groups of society in democratic processes.

  How do you see democracy - is it simply a system to elect governments, a means to solve other problems, or an end in itself? What are its essential components?

  The most successful examples of a functioning democracy are holistic: those encompassing the procedural and the substantive; the rule of law, formal institutions and informal processes; majorities and minorities; government, civil society and independent media; all genders; the political, the economic and the cultural; and at the national and local levels. Democracy works best when people associate it with the advancement of the quality of life for all human beings; this means democracy is key to reaching the Sustainable Development Goals. We know that development is more likely to take hold if people are given a genuine say in their own governance, and a chance to share in the fruits of progress. Conversely, democracy has a far better chance to thrive if people associate the democratic process with improvements in their daily lives; faced with bleak prospects and unresponsive governments, people are more likely to act on their own to reclaim their future.

  What are the main challenges for democracy around the world today?

  Democracy is showing greater strain than at any time in decades. There is a crisis of faith. We’re seeing growing and deepening divides among people, as well as between people and the political establishments that exist to represent them. Globalisation and technological progress have lifted many out of poverty but have also contributed to inequality and instability. Fear is driving too many decisions. This is a danger to democracy.

  Democracy dies when no one works at keeping it alive. We need to look beyond responses to today’s news cycle, and instead seek answers for the systemic challenges to democracy. We need to think beyond criticism of individual leaders, and beyond trying to solve today’s problems with yesterday’s solutions. This means tackling inequality, both economic and political. The interests of the very wealthy are often seen as taking precedence over the well-being of the middle class and working families. The poor and minorities feel excluded from decision-making. Governments - working together - need to spread more fairly the benefits of globalisation and ensure more equitable access to the levers of power. This means making our democracies more inclusive, bybringing the young, the poor and minorities into the political system. We should explore true representation and participation in decision-making, including demographically representative citizens’ assemblies, as alternatives to what can be interpreted as a self-serving and self-perpetuating political class disconnected from their electorates. This means making our democracies more innovative andmore responsive to new challenges, including throughnew technologies, while addressing the democratic challenges brought by new technologies themselves.

  Many of the world’s democracies are well past middle age, but the digital age is still in its infancy, and questions of ownership and control are evolving. The answers do not lie in technology alone. But some answers do lie in better interaction and understanding between thinkers of technology and thinkers of democracy. Sixty years have passed since CP Snow declared that society was divided into two cultures - humanities and science - separated by a gulf of mutual incomprehension. We need to bridge this. We need futurists to think about a future that leaves no one behind. What impact will migration, climate change, or cybersecurity issues have on democracy in the next generation? How can a reinvigorated democracy help mitigate the challenges these issues create? How are democratic processes impacted on by a transition from an internet to a brain-net, by an on-demand world of biological software upgrades, personalised medicine, and artificial intelligence? A better grasp of how we humans function - how we trust, learn and cooperate, but also how we hate, fight and manipulate - can help public policy-makers and citizens build better governance and better lives.

  What is the role of civil society in supporting democratisation and the consolidation of democracy, and how does UNDEF help civil society to play this role?

  Ultimately, civil society is the oxygen of democracy. Speaking the truth takes two: one to talk, the other to hear. My work with UNDEF has brought home to me that a lively, open and candid discussion among men and women sitting under a tree can sometimes do more for participatory democracy than all the government summits and cabinet meetings in the world. When grassroots activists, community organisers, labour mobilisers, young people and women leaders come together at their own initiative, all with a stake in the outcome, they will persevere until all sides have a say. This is why it is so important that someone in the capital is listening. A confident nation gives citizens a role in the development of their country; the most effective, stable and successful democracies are in fact those where a strong civil society works in partnership with the state, while holding it accountable at the same time. This is what creates a virtuous circle of rights and opportunity under the rule of law, underpinned by a vibrant civil society and an enterprising private sector, backed by efficient and accountable state institutions. For democracy to thrive, this inclusive discourse must never end.

  But civil society faces increasing challenges, as CIVICUS has very clearly highlighted in its 2018 State of Civil Society Report. Over the recent years, an alarming number of governments around the world are increasingly addressing civil society as a threat, not a partner. We need to make it better understood that to have a strong state and strong civil society at the same time is not only possible, but it is also desirable and necessary. What do the stable and prosperous states of the world have in common? A combination of both.

  What does UNDEF do in the face of those challenges?

  UNDEF is a fund within the UN Secretariat that manages and finances projects implemented by civil society organisations (CSOs) around the world. Since it became operational 12 years ago, it has funded over 750 projects in over 100 countries, totalling over US$175 million. UNDEF works directly and resolutely with civil society, often in delicate collaboration with state and private-sector actors, but always independently of them. We use quiet diplomacy where needed to work in challenging environments. We support projects designed at the grassroots to address democratic deficits and denied freedoms. Our grant process begins and ends at the project site: we are demand-driven, not supply-oriented. We commit to our partners’ success. Our capacity-building works through mentoring and evaluation, and by offering a platform for groups and institutions that otherwise would have no knowledge of one another’s projects to share experience and expertise. Lessons learned from each project become a resource for all - participants, future applicants and other funders - as well as the larger community working to build more responsive and inclusive societies. A self-sufficient and largely autonomous part of the UN system, funded entirely by voluntary contributions, UNDEF is uniquely positioned to build mutual understanding and cooperation between states and civil society at the local, national and global levels. Our strategy is to support local civil society and community leaders in addressing locally identified needs and priorities. This allows us to target scarce resources where they are needed most. It is also an investment in the ability of local people to assert their rights and improve their well-being long after our involvement has ended. We keep our staff and operational budget very small by leveraging the expertise, services and extensive field presence of partners from the broader UN system who provide expert advice and monitoring.

  We support a wide range of projects, including initiatives that provide political facilitation, encourage popular participation, support civil society’s role in free and fair elections, foster the development of a culture of democracy, advance political pluralism and build civil society capacity to interact effectively with government at local and national levels. We aim to advance transparency and accountability, promote the rule of law and encourage responsive and inclusive government, while always supporting local ownership and domestic engagement, and explicitly promoting gender equality. UNDEF’s work is financed by voluntary contributions from more than 40 traditional and emerging donors on every continent. As independent third-party evaluators have found, UNDEF is not beholden to the vision, doctrine, or geostrategic interests of any member state, commercial entity, or philanthropic institution. Our evaluation process and lessons learned database advance accountability not only to donors, but also to partners and participants. We answer to project participants and to a governance structure unlike any in the field of democracy support. Our Advisory Board, which provides policy guidance and reviews project proposals, brings together a range of stakeholders, not only from governments - of countries that have made the largest financial contributions to the fund and countries reflecting geographical diversity - but also from individuals and CSOs - including CIVICUS, during the UNDEF Board's 2018-2019 term.

  Learn more about UNDEF’s work through itswebsite orFacebook page, or follow@UNDemocracyFund and@SavillAnnika on Twitter.

• ‘Democracy is much more than street protest and institutional politics, and Hong Kong people are now resisting in all possible and impossible ways’

  Ahead of the publication of the 2018 State of Civil Society Reporton the theme of ‘reimagining democracy’, we areinterviewing civil society activists and leadersabout their work to promote democratic governance, and the challenges they encounter in doing so.CIVICUS speaks with student leader Yiu Wa Chung about his involvement in the pro-democracy movement and the prospects for democracy in Hong Kong.

  1. Three years after the 2014 protests, what has happened to the pro-democracy movement?

  Two separate processes have unfolded over the past few years: street protests and an institutional process that took place around the Legislative Council elections. What we demanded through street demonstrations in 2014 was true universal suffrage. We wanted China to change its electoral guidelines and the pro-China Chief Executive to resign.

  Since Britain returned it to China in 1997, Hong Kong has been governed under the “one country, two systems” principle, which means the Hong Kong government has jurisdiction over internal affairs and trade relations, while the government of China is in charge of Hong Kong’s defence and foreign policy. We therefore enjoy limited self-determination and political rights, although we do have an independent judiciary and a free press.

  Hong Kong has the status of a Special Administrative Region, and our government is led by a Chief Executive who is chosen by a “nominating committee” of 1,200 people, most of them from pro-China elites. The Legislative Council is the legislative branch of government.

  The thing is, when Hong Kong was returned to China, we were promised that we would be able to elect our Chief Executive by universal suffrage by 2017; however, in 2014 it became clear that free elections were not going to happen, as a reform framework was passed in August that established that only a few committee-vetted (pro-China) candidates would be allowed to compete in these elections. And that was the trigger for the massive 2014 protests known as the Umbrella Movement, one of the biggest – if not the biggest – in Hong Kong’s history.

  The main reason that mobilisation decreased in the years after 2014 is that people were discouraged by the lack of results. After such a big movement and 79 days of occupation that paralysed major roads in the financial centre, we got no reply from the government, and there was no institutional change. People devoted a lot of energy, time and effort and they sacrificed so much. Almost every single young protestor who appeared on camera or was interviewed by the media in 2014 is being prosecuted or is in jail. And it was all for nothing. In other words, the costs of protest increased and the expected gains decreased, so the momentum passed and street protest declined.

  However, in the years since 2014 there were two elections, for the local District Councils in 2015 and for the Legislative Council in 2016. Because of the atmosphere and because voting in elections has much lower cost than going out to the streets, the results of those two elections were quite good for the pro-democracy camp.

  But it is important to note that half the legislative seats are filled through small circle elections within functional interests, which works almost like an appointment, so regardless of how well we fare in the elections we still face considerable obstacles when looking at the overall composition of the Legislative Council. Moreover, what happened in 2016 is that after the elections that the pro-democracy camp won, the government found an excuse to disqualify six of the elected legislative councillors. For instance, they argued that one of the councillors had not taken his oath properly because he had changed the tone of his words, so his promise to obey the laws of the People’s Republic of China sounded more as a question than a statement. He hadn’t changed a single word, but according to the government he pronounced them in a questioning rather than a neutral tone. Another elected councillor took the oath properly, in a neutral tone and all, but after he had been sworn in, he chanted a pro-democracy slogan, “Rights to the people.” Another one paused excessively in between words and mispronounced the word “China,” and so on.

  The judicial process following a demand for disqualification takes about a year, during which time these elected councillors were banned from taking part in the Council’s deliberations. And when they were eventually disqualified, they were required to pay back the salaries they had received. This is something that not just anybody can afford. In other words, the government is using every means at their disposal to bend people’s opinion, including by forcing us to go bankrupt. The message that Beijing is sending to people in Hong Kong is that resisting is pointless.

  In sum, both in the streets and at the institutional level, the pro-democracy movement is currently in decline.

  2. Do you think a “culture of protest” emerged out of the Umbrella Movement, and that the public is now more prone to mobilising than in the past?

  It did look like it around 2015, but the enthusiasm has long since dissipated. By 2015 the government was not as authoritarian as it is today, and community organising flourished. There were lots of new organisations that put their efforts into all kinds of issues, including labour rights, universal suffrage and institutional change. But by 2016, with the government on the offensive, trying to disqualify elected lawmakers, passing restrictive bills and jailing people, protest and mobilisation had declined.

  I believe that the current authoritarian trend is no accident; it fits the long-term plans of the Chinese Communist Party (CCP). Since the handover, the CCP has devoted a lot of human and financial resources to setting up satellite organisations in Hong Kong. They have consistently worked to infiltrate each and every sector and change the democratic culture, step by step. Hong Kong people resented this; resentment built up and resulted in the 2014 protests. The Umbrella Movement took the CCP and the Hong Kong government by surprise; nobody expected so many people to take to the streets. But they chose to ignore it and let it wear out by providing no response whatsoever to its demands. The occupation lasted 79 days, during which the CCP clearly sized the movement up. They got to know its weaknesses and limits perfectly well. They were aware that people were getting tired. They saw us as a wave coming from the ocean, gathering strength and gradually wearing out, and they waited it out. As the movement weakened, the CCP asserted its power. Increasingly authoritarian methods are hard to resist once you have used up all our energy. All that has been done has yielded no results, so people have retreated further and increasingly refrain from voicing their opinion.

  It should be noted that unlike in China, control in Hong Kong can be subtle. Different methods are being used, the prosecution and jailing of protestors being just the most blunt of them. But the government has also been deliberately increasing the cost of living in Hong Kong, and most notably rent, which is already the highest in the world. The effects of this are appalling: for many people, it means they have to work longer hours, with little time or energy left for leisure or politics, and that they have no leftover money for anything else, and organising obviously costs money. Additionally, the Hong Kong economy is very dependent on China, and if you have business with China you will lose everything for not playing by their rules, which include political alignment.

  Control is also cultural and educational. There is an increasing control of the school curriculum, and changes are being introduced in the content of schoolbooks, so young children learn from an early stage that they have to love and obey China and its leaders. Children are being told to love the CCP, the “most democratic” party there is. There is also an ongoing attack on our language, as they are trying to impose Mandarin instead of Cantonese in schools. In short, combined control tactics are being applied from all sides – they are truly a tight network of control - so there is no room to even think of resisting.

  The democratic camp has kept trying to mobilise support, but people are tired and less ready to respond. Public reactions against authoritarianism and rights violations have become exceptions rather than the rule in the present context.

  3. A number of pro-democracy activists were jailed in 2017. What was the background to this, and what was the civil society response?

  In August 2017, three student leaders of the pro-democracy movement were sentenced to between six and eight months in jail. They had originally been sentenced to community service for storming a fenced-off section of the government headquarters. They were charged with unlawful assembly, and inciting people to take part in illegal rallies. However, the local government appealed against the case arguing that community service was too light a punishment, and they were eventually sentenced to jail. Additionally, they were barred from running for public office for five years, which meant that one of them, who was considering running for a legislative position, would no longer be able to do so.

  In reaction to the sentencing tens of thousands of people took to the streets and marched to the Court of Final Appeal. This was the biggest demonstration since 2014. Sadly, it was only an isolated reaction, which probably was due to the fact that these students were some of the most visible leaders of the Umbrella Movement and their cases drew lots of attention.

  In contrast, in December 2017 the government approved changes in the Legislative Council’s Rules of Procedure that would break the balance between pro-democracy and pro-China camps, and there was no visible reaction. The democratic camp called for a protest, but only a couple of hundred people showed up and were easily removed. These procedure changes were accomplished because, with six of its democratically elected legislators disqualified, the pro-democracy camp did not have enough votes to block them. Over several weeks, numerous pro-democracy legislators were kicked out of the chamber for disrupting the debate with filibustering tactics, and the amendments eventually passed. As a result, the president will now have the power to reconvene meetings, to ban and combine amendments, and to stop legislators from raising adjournment motions.

  4. Looking ahead, what are the main challenges to the sustainability of the pro-democracy movement, and how are they being addressed?

  All the major tools that we had are gone. For protesting in the streets you get arrested and thrown into jail, and if you try the institutional path, you get disqualified or stripped of decision-making power. The cost of involvement in both arenas is going up.

  Democracy is much more than street protest and institutional politics, and it is much more than what you can see on camera. People in Hong Kong are now resisting in all possible and impossible ways, such as setting up a tiny bookstore to counter state-sponsored indoctrination, using public space for cultural activities or creating semi-public spaces for reading groups.

  But of course we are not going to defeat the network of control that oppresses us by ourselves, with a music concert or a reading group. We need help. This could take the form of the international media focusing more on Hong Kong, the United Nations setting up a special commission, or foreign governments putting economic pressure on China to change its Hong Kong policy. However, we all know that this will hardly happen. Not even Britain, our former colonial power, reacted strongly as China recently stated that their Joint Declaration on Hong Kong, which laid the blueprint for Hong Kong to organise after its handover to China, no longer had any practical significance. China is not fulfilling its promises and Britain is not doing anything about it. There’s a lot the international community could do, but there’s not much they are willing to do, given the facts of China’s economic and military rise. They all want to do business with China and do not dare bring up the Hong Kong issue. The cause of Hong Kong is unfortunately not nearly as popular as that of Tibet.

  • Civic space in China is rated as ‘closed’ in theCIVICUS Monitor
• ‘Dutch citizens feel a major disconnect from politics’

  The special theme of the 2018 State of Civil Society Report will be ‘reimagining democracy’. The report will explore how citizens and civil society organisations are working to build more participatory forms of democracy, and how civil society is responding to the citizen anger and sense of disconnection that is driving more extremist and polarised politics in many countries. Ahead of publication, we’ll be interviewing civil society activists and leaders in countries experiencing these trends. Here, CIVICUS speaks to René Rouwette, Director of Kompass, a civil rights organisationin the Netherlands. Kompass seeks to make human rights accessible to all and strives for ordinary people to exercise as much influence on laws and policies as large companies. It brings people together around projects on racism, refugees and ethnic profiling, among other issues.

  1. How would you describe the state of democracy in the Netherlands?

  The Netherlands scores very high on the international Democracy Index. Still, I am concerned about specific developments affecting democracy in the Netherlands. Many Dutch people do not feel represented in Dutch politics. Citizens feel a major disconnect from politics, especially towards the European Union as well as at the national level. Political parties are losing members and are increasingly unable to recruit new ones, and many people who are still involved are actively seeking a political job rather than trying to challenge their parties, and change their country or the world. As local newspapers are disappearing, there is hardly any awareness about local politics either.

  Many unhappy voters have turned to the right and the extreme right. And at least one such extreme right-wing party, the Freedom Party, is highly undemocratic. Its leader, Geert Wilders, is actually the party’s only formal member, which means he is the only one who can make decisions regarding the topics the political organisation will tackle and the positions it will take. This is a true anomaly among Dutch political parties.

  The political landscape is polarising.  After years of consensus politics, the left and right in the Netherlands are increasingly apart. People are locked up in echo chambers, so they resist any information that does not conform to their beliefs and show very little interest in finding common ground. Parties at the centre of the political spectrum are struggling, and are increasingly accommodating language from the extremes, and especially from the extreme right. The landscape is highly fragmented. A record number of 81 contenders, many of them single-issue parties, registered to compete in the national elections that took place in March 2017. Thirteen of those parties made it to Parliament, making it very hard to reach consensus.

  A major issue of current democratic tension in the Netherlands is focused on referendums. Over the past few years, referendums were introduced at the local and national levels. Almost all votes so far have resulted in wins for anti-establishment forces. In the first national referendum that took place the Netherlands, in April 2016, two-thirds of voters rejected the European Union accession treaty with Ukraine. As a result, the ruling coalition decided to put an end to referendum opportunities at the national level. People are now angry about the government’s unwillingness to follow up on the referendum results as well as about the decision to suspend referendums.   

  2. Has the practice of democracy in the country changed (for better or worse) over the past few years?

  More than with democracy, I think that the problem in the Netherlands is with human rights. 

  When talking about human rights in our country, you always have to start by saying that the Netherlands is not China, and that we are doing better than Rwanda and Uganda. There is a general feeling that human rights are something for other countries to be concerned with and it all comes down to issues of such as the death penalty and torture. But that is not what Eleanor Roosevelt and her colleagues meant when they drafted the Universal Declaration of Human Rights. Human rights are about many other things as well, including housing, schooling, education - a minimum standard for basic rights, in every country. 

  The Dutch mind-set towards human rights is actually very contradictory, as Dutch people also tend to be pioneers and innovators. I think it is very un-Dutch to consider the human rights status quo as good enough, and to settle for an increasing mediocrity. While holding firm to the feeling that human rights are an issue for other countries, it is worth noting that Rwanda is now scoring better in terms of women’s equality and Uganda now scores better in terms of human rights education than the Netherlands. While the Netherlands is actively involved in bringing human rights to other countries, Dutch school kids score very low in terms of their knowledge of human rights.

  At the same time, human rights have increasingly become an issue of political contestation. Political parties right and centre have openly criticised human rights and human rights treaties. They have even fought the Dutch constitution on this. The new government, established after the latest elections, is now investigating how to get rid of refugee treaties. A coalition of Dutch civil society organisations (CSOs) has recently concluded that in the past five years the human rights situation in the Netherlands has deteriorated. The victims of this deterioration have been not only refugees and Muslims living in the Netherlands, but also ordinary Dutch citizens. Human rights are about rights for all; the power of human rights is that they are all important. There are no left-wing human rights and right-wing human rights. Let us stick to that.   

  3. In which ways have the recent elections altered the political and ideological landscape? Has the political conversation deteriorated as a result of the challenge posed by Geert Wilders’ Freedom Party?

  There is a major international misconception that the extreme right lost the Dutch elections. This is wishful thinking. In reality, Geert Wilders’ party increased its presence in the Dutch Parliament, from 12 to 20 seats. Moreover, a new extreme right-wing party, the Eurosceptic and nationalistic Forum for Democracy, also won two seats in the Dutch Parliament. Leftist parties have become very small in comparison to their past selves.

  At the same time, parties at the centre have increasingly accommodated language from the extreme right, so the public conversation has definitely changed for the worse. Even in the left, among social democrats, there are voices calling for ignoring refugees’ basic rights. The Christian-Democratic Party is obsessed with winning back political power, and references to exclusion have therefore become vital to their political strategy. It is going to be hard – not to say impossible – for these parties to return to their traditional positions and, in fact, to their core ideologies. But of course that there are still some good people with a heart for human rights within those parties, and we should work with them to make things better.

  4. What is progressive civil society doing, and what should it do, to resist the rise of authoritarian, isolationist populism?

  The major current challenge for Dutch civil society is to bridge differences and to start working together. In the past, many CSOs have focused on competition rather than cooperation, and on their own cause rather than the general cause. I have a feeling that this is changing, and that is for the best. CSOs can all contribute to a cause from their own experience and skills, as long as we share an agenda. An interesting trend in Dutch civil society, as well as at the international level, is that new CSOs tend not to focus exclusively on themes anymore, but rather on specific skills and assets. As a civil rights organisation, for instance, Kompass focuses on using lobbying experience and techniques to advance human rights. There is another new organisation in our country that focuses on litigation. We need to cut internal discussions short, and start working on outreach. 

  It is important to note that CSOs are setting the agenda again: that civil society is being able to frame issues rather than just respond to issues put forward by other actors. We have some things to learn from the (extreme) right, who have managed to communicate a clear message through their own media, as well as through the mainstream media. It is important for us to take a position, and not appear as indifferent.

  At the same time, it is important to avoid taking a high moral ground. Actively seeking polarisation will bring us nowhere. The election result was clear, and the fact that so many people abandoned progressive and left-wing parties needs serious consideration. Parties that criticise human rights treaties like the Geneva Conventions and the International Covenant on Civil and Political Rights now have a majority in Parliament; it is important to take stock of this. Polarisation might be useful to bring together very leftist or progressive groups, but it will alienate many others, even those in the centre. It is important to find a common ground: to persuade rather than accommodate or win discussions.

  What we can learn from commercial lobbying is how to build political support among parties that do not necessarily agree. In the past, some CSOs were of the opinion that they had a role in raising problems, but that it was politicians’ job to come up with a solution. That approach just does not work in the current political setting and climate. We do not need to create moral upheavals, but to propose concrete solutions and actions. The reason why companies are spending such enormous amounts of money on lobbying is that it works. We need to learn from what they are doing.

  • Civic space in the Netherlands was recently downgraded from ‘open’ to ‘narrowed’ by theCIVICUS Monitor, an online platform that rates the conditions for civil society in every country in the world. This downgrade was influenced by increasing infringements of protest and expression rights and a rise in hate-inducing and harmful speech during the election.
  • Get in touch with Kompass through theirwebsite orFacebook page, or follow @KompassNL on Twitter
• ‘La sociedad civil trabaja por una democracia no solo más representativa sino también más participativa’

  English

  CIVICUS conversa con Ramiro Orias, abogado y defensor de derechos humanos boliviano. Orias es Oficial de Programas de la Fundación para el Debido Proceso (DPLF) e integrante y ex director de la Fundación Construir, una OSC boliviana establecida con la finalidad de impulsar procesos de participación ciudadana para fortalecer la democracia y el acceso igualitario a una justicia plural, equitativa, transparente e independiente.

  Hace unos días se produjo en Bolivia una protesta nacional contra la posible re-reelección presidencial. ¿Observa en el intento del presidente Evo Morales de volver a reelegirse una degradación democrática?

  El intento del presidente de volver a buscar la reelección forma parte de un proceso más amplio de erosión del espacio cívico democrático por efecto de la concentración de poder.

  La búsqueda de una nueva reelección presidencial requiere de una reforma de la Constitución de 2009 (que fue promulgada por el propio presidente Evo Morales). Algunas de las disposiciones introducidas entonces en el texto constitucional fueron muy progresistas; hubo un importante avance en materia de derechos y garantías. Al mismo tiempo, se incluyeron reformas políticas destinadas a consagrar un proyecto de poder. Por ejemplo, hubo un cambio en la composición y en los equilibrios políticos de la Asamblea Legislativa destinado a sobre-representar a la mayoría; se destituyó anticipadamente a las principales autoridades del Poder Judicial (los miembros de la Corte Suprema y el Tribunal Constitucional fueron enjuiciados y obligados a renunciar) y se instauró un sistema de elección mediante el voto, sin una fase previa de calificación de méritos. Las instituciones árbitro, como la fiscalía, el Órgano Electoral o el Defensor del Pueblo, también fueron cooptadas en diversa medida por el Ejecutivo.

  En relación con el Ejecutivo, la principal reforma constitucional consistió en habilitar la reelección, pero por una sola vez, es decir para un máximo de dos mandatos consecutivos. El primer mandato de Evo Morales (2006-10) hubiera debido contar, porque así lo establecía una cláusula transitoria de la nueva Constitución; sin embargo el gobierno luego argumentó que ese primer mandato no contaba porque se había producido bajo la vieja Constitución (la cual lo inhabilitaba a una nueva elección consecutiva). De modo que el presidente fue reelecto dos veces, en 2010 y en 2015. Es decir, ha cumplido tres mandatos consecutivos, uno más de los que permite la nueva Constitución, y ahora está buscando alguna vía constitucional para habilitar un cuarto mandato.

  A principios de 2016 el gobierno convocó a un referéndum para consultar a la ciudadanía sobre una posible reforma de la Constitución para que Evo Morales pudiera competir nuevamente por la presidencia en 2019. Por un ajustado margen, el gobierno perdió ese referéndum; por eso acaba de presentar ante el Tribunal Constitucional una demanda de inconstitucionalidad, que el tribunal aceptó considerar.

  Según el presidente, la prohibición de volver a competir afecta el principio de igualdad y discrimina contra los actuales representantes electos, por lo cual sería contraria al Pacto de San José de Costa Rica (la Convención Americana de Derechos Humanos). Es el mismo argumento que utilizó en Nicaragua el presidente Daniel Ortega, quien logró que la Corte Constitucional declarara inconstitucional su propia Constitución y le permitiera reelegirse. Es un argumento bastante forzado, porque los derechos invocados no son absolutos, sino que admiten regulaciones en función del bien común y el interés general (de hecho, el derecho a competir por la presidencia incluye restricciones de nacionalidad y edad, por ejemplo) así como limitaciones en función de valores superiores de una sociedad democrática – por ejemplo, el de la alternancia y el fortalecimiento de las instituciones democráticas.

  El 10 de octubre pasado, precisamente cuando se cumplían 35 años de la restauración de la democracia en Bolivia, se realizó una manifestación nacional contra la reelección indefinida y en defensa de la voluntad expresada por la ciudadanía en el referéndum del año pasado. Esta protesta fue convocada por diversas organizaciones cívicas, plataformas ciudadanas y partidos políticos de oposición. Fue una expresión callejera masiva, con las mayores concentraciones en las ciudades de La Paz y Santa Cruz y otras menores en Cochabamba, Potosí y Oruro. Afortunadamente el derecho de reunión pacífica fue respetado, en el sentido de que no hubo violencia ni intentos de suprimir las protestas. Sin embargo, el gobierno reconoció que la división de Inteligencia de la Policía siguió y vigiló de cerca de las marchas y a los propios dirigentes opositores, al punto que recabó al detalle las conversaciones que mantuvieron ese día. Lo cual es inadmisible en una sociedad democrática, ya que el uso de una policía política es propio de los gobiernos autoritarios.

  ¿Piensa que la lucha por la reelección se dará en los tribunales o acabará saldándose en las calles? ¿Convocará el gobierno movilizaciones a favor de la reelección?

  Creo que la demanda de inconstitucionalidad es un artificio jurídico; no estamos ante un problema de derecho constitucional, y menos aún ante una cuestión de derechos humanos de los que detentan el poder. El proceso judicial es una táctica más en una estrategia de lucha política en pos de la concentración del poder y la permanencia en el gobierno. La solución de esta controversia se dará en el terreno político. Una característica de la ética política de este régimen es que cuando un tema está en discusión, la aceptación de un arreglo o acuerdo no necesariamente es el punto final.

  ¿Diría que la sociedad civil está dividida en función del apoyo o el rechazo al gobierno?

  La sociedad civil está dividida. Como en todo proceso de cambio político, hay sectores ganadores, que han recibido beneficios importantes y apoyan la continuidad. Por ejemplo, algunos grupos sindicales, como la Confederación Sindical de Colonizadores de Bolivia (CSCB). Al mismo tiempo, hay sectores que en principio se sentían representados por el MAS pero acabaron perdiendo. El gobierno boliviano ha perdido apoyos, sobre todo en su base social indígena, debido a algunas medidas que supusieron retrocesos en la agenda indígena – por ejemplo, la decisión de construir una carretera a través del área protegida del TIPNIS (Territorio Indígena y Parque Nacional Isiboro-Secure), sin respetar el proceso de consulta previa, libre e informada de los pueblos indígenas titulares de ese territorio. El gobierno también autorizó la explotación de hidrocarburos en áreas protegidas. Esto resultó en cierto alejamiento de la base social que le había dado una amplia mayoría en los inicios de su gobierno.

  La llegada de Evo Morales Ayma a la presidencia y las reformas que se plasmaron en la nueva Constitución implicaron una transformación política, social y cultural enorme, sobre todo en términos de inclusión. Sin embargo, la falta de institucionalización, que se expresa en la ausencia de nuevos liderazgos, ha hecho que el proceso se agote y ya no represente un abanico tan amplio de la sociedad boliviana. Hoy es más difícil para el gobierno erigirse en representante de los movimientos sociales en sentido amplio. Muchos sectores de la sociedad civil que en algún momento vieron con simpatía el proceso de cambio liderado por Evo Morales, hoy lo ven con preocupación porque se ha convertido en un proceso de acumulación de poder político que no ofrece garantías para que puedan realizar libremente su trabajo.

  El resquebrajamiento de sus apoyos llevó al gobierno a imponer regulaciones dirigidas a desmovilizar a la sociedad civil que no adhiere en forma militante al proyecto gubernamental. Esto está afectando seriamente la capacidad de trabajo de muchas OSC. La situación se ha vuelto bastante difícil para los defensores de derechos humanos, y en particular para los defensores de pueblos indígenas y del medio ambiente, que han recibido diversos embates y presiones a su labor.

  También ha habido cambios importantes en la regulación de las OSC nacionales. El principal cambio normativo, que dejó a las OSC en una posición de gran vulnerabilidad, fue la ley No. 351 de Otorgación de Personalidades Jurídicas (2013). Esta ley exige el alineamiento de los objetivos y acciones de las OSC con las políticas gubernamentales y reemplaza el principio de reconocimiento de la existencia legal de una organización, que se deriva de un acto constitutivo de derecho civil, por el otorgamiento de la personería jurídica por parte del Estado, un acto administrativo que concede amplia discrecionalidad a las autoridades centrales. La personería jurídica puede ser revocada mediante un procedimiento administrativo, sin ninguna garantía del debido proceso. Al mismo tiempo, las OSC no alineadas con el gobierno son estigmatizadas públicamente.

  ¿Qué se requeriría hoy para lograr la concreción de esa promesa democrática que en su momento expresó Evo Morales?

  Al revés de la tendencia dominante de entregar más poder a una sola persona, uno de los principales temas pendientes en la agenda democrática boliviana es el reencauzamiento de la representación política a través de un sistema de partidos plural, institucionalizado, con prácticas internas democráticas. Si el tema de la reelección presidencial está en la agenda, es precisamente porque falta institucionalización: la fuerza en el gobierno no tiene un liderazgo de recambio. Más que un partido político, en el gobierno hay una coalición de diversos intereses que solo el presidente Morales logró amalgamar.

  La democracia representativa, sostenida en instituciones, es un sistema que permite ciertas certidumbres en la vida política, con reglas que se cumplen con regularidad y actores que se someten a ellas de buena fe. Lo que estamos viendo actualmente es que el gobierno usa los mecanismos democráticos cuando le sirven, y cuando no le sirven se aparta de ellos y trata de modificarlos en beneficio propio.

  En el marco de un sistema de partidos políticos débil, la sociedad civil cobra un relieve particular. Cumple un rol de preservación de las libertades de asociación, expresión y manifestación pacífica gracias a las cuales puede promover sus ideas de cambio social. La sociedad civil trabaja por una democracia no solo más representativa sino también más participativa.

  ¿Qué apoyos necesita la sociedad civil boliviana para superar los obstáculos y avanzar en dirección de una democracia más participativa?

  Lo más importante que necesita la sociedad civil en sus labores de promoción y defensa de los derechos humanos es un sistema de justicia independiente. Ha habido un proceso de debilitamiento de las instituciones judiciales por parte del Ejecutivo, que difícilmente podremos revertir en el corto plazo sin la cooperación de otros actores, nacionales e internacionales.

  Necesitamos, entonces, solidaridad internacional. De hecho, hay un diálogo político intenso con los embajadores acreditados en Bolivia, que reconocen la necesidad de crear un ambiente habilitante para la sociedad civil, así como valoran la urgencia de promover un sistema de justicia independiente. También necesitamos apoyo para que las OSC se empoderen, mejoren sus propios procesos internos de rendición de cuentas y aseguren la transparencia de su propia gestión institucional. Pero lo cierto es que mientras no haya una justicia independiente capaz de tutelar derechos fundamentales, la situación de la sociedad civil seguirá siendo de extrema indefensión.

  • El espacio cívico en Bolivia es clasificado en elCIVICUS Monitor como “estrecho”.

  Contáctese con Fundación Construir a través de susitio web o perfil deFacebook, o siga en Twitter a @fconstruir.

• ‘The anti-corruption protests have turned the inhabitants of Romania into a whole new generation of alert citizens’

  CIVICUS speaks to Viorel Micescu, Executive Director of CENTRAS: The Assistance for Non-Governmental Organizations,an independent non-profit organisationaimed at contributing to the development of democracy in Romania through the strengthening of civil society. Established in 1995, CENTRAS provides training, technical assistance and informational support to communities, civil society organisations (CSOs), businesses and governments interested in civil society and democracy development. CENTRAS has a branch in Constanta (the third largest county in Romania) and supports a network of regional resource centres.

  1. What triggered the protests that took place in Romania in early 2017, and how would you describe them?

  In January 2017, a new government came into office. It had been elected on a series of financial promises but instead, the first thing they did was pass legislation to amend the Criminal Code and decriminalise certain acts of corruption. This was intended to create much better conditions for politicians who had been involved in corruption to get away with it, thereby effectively slowing down the ongoing fight against corruption. The Ministry of Justice tried to pass this legislation through an emergency decree. Upon becoming aware of these plans, in mid-January 2017, citizens active on social media organised two marches to put pressure on the government. As a result, the president intervened to have the government drop this piece of legislation. However, the law was subsequently adopted by surprise in the middle of the night on 31 January 2017.

  As soon as the word spread that the government had done this despite public protests, people were back on the streets. First the government ignored them but later, as numbers grew and the protest in front of the government building went on day after day, it was forced to withdraw the emergency legislation. These were the biggest protests in decades. At some point, it was estimated that half a million people took to the streets, including more than 200,000 in the capital, Bucharest. The protests were mostly peaceful, although clashes periodically erupted between police and protesters. When demonstrators threw objects at the police, officers responded with tear gas. In the aftermath of one clash in Bucharest, 20 people were arrested and eight were injured.

  Within 10 days of the protests, the government had backed down. But this didn’t stop the demonstrations, because people kept expressing their anger and frustration with the undemocratic way in which the decree had been initially pushed through and passed, and were now demanding that the government step down. Government officials refused to resign; however, they did give up on the emergency decree and eventually the Minister of Justice, Florin Iordache, was forced to resign. A non-partisan personality from academia was appointed as his replacement.

  However, the former Minister of Justice, who as the author of the controversial decree that would have protected politicians from prosecution for corruption offences had been at the centre of the story, ended up occupying a high position in parliament. In October 2017 Iordache was appointed president of the parliamentary committee for ensuring legislative stability in the field of justice. So in the end, the struggle moved from government to parliament. The government backed off but members of parliament still defied public outrage. Several months after the facts, people occupied the square in front of the government building in Bucharest.

  2. Did your organisation play any role in supporting the protests?

  We are, above all, a resource centre for civil society development. In view of the ongoing events, since February 2017 we provided support to informal groups of citizens who organised on Facebook and other social media. As a result, there are now three large communities that are very active and exist not only on Facebook but also in the form of organised offline structures. They are monitoring closely what is happening. We estimate that between 50,000 and 80,000 citizens are involved in these groups.

  Many people who took part in the protests had not been involved in civil society or political action before. As a result of the government’s actions in January and February 2017, a lot of people who were living within a narrow private triangle – work, family, vacation - suddenly became engaged citizens.

  It suddenly became obvious for everybody that there was a huge gap between the people and the so-called political class. CSOs were out in the streets and the square as well. In this context, the reasonable thing for us to do in order to collect and disseminate credible information was to reach out to mobilised people. So once the ways in which the protest movement was being fuelled through social media became apparent, and those groups started gaining prominence and leading the events, we got in touch. The whole idea was to explain to the people out there that it is not enough to be a ‘protest citizen’ and only get out to the streets when something really bad happens. You must undertake civic work every day on top of your job and family obligations.

  Protesters were mostly people who came from educated backgrounds and hold good jobs, and who also want the social and political environment to improve so they can enjoy life. The wishes and expectations of citizens who want a better life cannot really be fulfilled just by marching on the streets. From the streets you can stop a legislative initiative but you can’t interact sustainably with the government. We tried to make clear to these people that this would be not be the ultimate war against corruption, and that much more would be required to win. The people in the protests needed to organise for the long haul, and they had to do it quickly or otherwise it would be difficult to mobilise people again when a new backlash took place.

  We realised that these active citizens with enough financial resources are the most likely to support the civil society sector. So along with one of the protest groups, in March 2017 we launched a small fund, which we named the Fund for Democracy, backed by donations from Romanians living in and outside Romania. We told people who cared about strengthening civil society that they could achieve this aim by putting money into the fund, which we would coordinate. Within a week we gathered €22,000 (approx. US$27,000), all of it in private donations transferred through the banking system. We initially received recurring donations only from selected donors, but we will eventually widen our base of support by going public. We make sure donations are managed properly by isolating projects from the rest of the organisation and having a separate board make decisions about them.

  Once we got the funds, we launched a call for ideas on social media and funded eight civic projects. These are all centred on the idea of civic values and range from education to civic involvement and monitoring good governance, and they are open not only to formal CSOs but also to informal groups of citizens and investigative journalists. All of this is happening at a time when there is a huge funding gap at the international level, and there is virtually no money for civic-minded civil society.

  3. Did protesters also gather in CSOs after demonstrations ended?

  Protesters did not have an actual leadership; only those who started the Facebook page had some kind of organisation, and most were doing their organising in addition to their day jobs. This would not have been sustainable, and in fact about a month and a half into the process some of those people started talking to each other and some groups merged as they became aware that they had to specialise. In this process, they acquired some kind of structure with an executive leader, with some kind of division into areas of work and task forces. Organisations emerged that dealt not just with corruption and governance issues, but also with health, education and the environment, among other issues.

  Lots of people in the CSO community tried to provide protesters with information on how to get organised. The whole point was to help them get organised on their own by equipping them with the capacities to build the organisations that were best adapted to their needs. These were large emerging masses of people who were just starting to feel and behave as citizens, and persuading them to fit into existing structures was by no means the best available solution.

  Many of these new organisations are still not registered as CSOs. The largest groups will surely eventually register, but not in the short term: this takes a lot of time, and registering an organisation with tens of thousands of members is complicated. Most importantly, we know that politicians have only just given us a break, and we have not won for good. The battle is ongoing, and nobody has much time for bureaucratic procedures. Every day we must produce, process and disseminate new information – so much of it, that it is difficult to keep up. Nobody really has much time to do anything else.

  4. Did the government make any changes in terms of its anti-corruption policies in the aftermath of the protests?

  In April 2017, the government responded to requests from the European Union (EU), the USA and other actors, to analyse the legislation properly, including through debates and consultations with judges and magistrates. In doing this, the government took the slow road; however, the results of the inquiry were unsatisfactory to party and government leaders because they showed that practitioners didn’t want the legislation softened in any way.

  Regarding pardoning prerogatives, for instance, the only consensus that exists in the judiciary is that they should not apply to people convicted in corruption cases. The majority believe that allowing public officials imprisoned for bribery, official misconduct, conflict of interest or influence trafficking to benefit from pardons would introduce the wrong incentives into our judicial system. So many people, including justice officials, now have the feeling that their own government has betrayed them.

  In June 2017, the government lost the support of the ruling party for failing to respond to their political urges to slow down anti-corruption reforms. The government collapsed but the Prime Minister refused to resign. In August, the Justice Minister proposed new reforms that, according to critics, would undermine not just the fight against corruption but also the rule of law and the independence of the judiciary. In other words, this took us back to square one – or almost.

  As a result of the turmoil of February and March 2017, the ruling party now has big internal problems. However, elections have passed in 2016, and politicians managed to get through them by bribing people – by promising, for instance, to raise their salaries by 50 per cent. Their next encounter with voters is years away. In the meantime, the leaders of both houses of parliament are under criminal investigation on corruption charges, and will be convicted unless they manage to change the legislation. Many other members of parliament are in trouble as well, as they face various corruption charges. So all of them want a more favourable legislation, and in particular they rely on the introduction of pardoning prerogatives for corruption cases.

  So in November 2017, nine months after the first protests, Romanians again protested against proposed legislative changes and to remind the government that they remained vigilant in case there was any attempt to slow down the fight against corruption.

  More recently, on 15 January 2018, the ruling coalition forced yet another government, including the Prime Minister, to resign – mainly based on accusations that they have not done enough to pass the desired modifications to laws on justice – so citizen groups summoned a massive protest in Bucharest for 20 January 2018. So it seems that a political crisis is under way, and street mobilisation will continue. It shall be another busy winter for the citizens of Romania, as the 'criminal interest group' has managed to hold on to power in the ruling party, albeit their position is being seriously weakened.

  5. What has been the role of the international community throughout this process, and how could international civil society support Romanian civil society to fulfil its role?

  In Romania, when the government gets on the wrong track, the international reaction is usually sufficient to set it straight. But this time it has been different. There was a majority parliament, and the EU and USA have been immersed in their own problems, and couldn’t or wouldn’t intervene immediately. That’s why it’s so good that people got out to the streets and protested. This caught the attention of the international public and allowed for a bigger reaction. But the fact that this reaction eventually took place was important – protesters in the streets would not have sufficed.

  The whole process was self-reinforcing. People invested lots of energy and creativity in the protests. They used humour, created witty slogans and memes and repurposed symbols of pop culture. This allowed them to win over the hearts of the international media, who saw everyday Romanians get out in the cold weather after work, stay there for hours into the night and exhibit all that creativity. I remember meeting a number of journalists from big international TV stations and other global media outlets one of those days, quite late in the evening, in a small café by the square. They commented that they were impressed by the vividness of the protest and by protesters’ ability to respond to questions in several languages while displaying their slogans. As a result, they provided extensive and positive coverage of the events in the international media, which put pressure on European politicians to do something about it, and therefore for European countries to react strongly, which they did.

  Romanian civil society is not yet mature; it needs international support and is very pleased when its efforts are acknowledged – it gets all the more energy when its actions get wide international coverage. In that sense, the visit of a delegation of the European Parliament in March 2017 was particularly significant. The visitors met with protest group leaders, lots of journalists wrote about them and the world discovered that Romanian citizens want good governance, hold European values and support anti-corruption efforts. Whenever someone writes and publishes something along these lines it is news for the Facebook community, and it gives civil society increasing strength.

  6. What impact do you think the protests might have on future citizen participation in Romania?

  CSOs like ours have spent a quarter of a century trying to make citizens out of the inhabitants of Romania, with relatively little success. It was as a result of the recent protests that we regained hope. We now have a whole new generation of alert citizens. Politics has become one of the most likely subjects of everyday conversation. Debates and forums are being organised to channel all these energies, because people have not been in the business of practising civic values for a long time, and they are just learning how to participate, how to form and express an opinion, how to interpret political events.

  In normal times, a typical protest against some form of government abuse would gather a few hundred people. Sometimes, environmental organisations would manage to summon around 10,000 people, but in February 2017, close to 600,000 came out from all over Romania on a single night. Most importantly, the protest reached places like small cities and towns, where there had never been protests before.

  Eastern Europe does not have a big protest tradition, and these were by far the largest protests ever experienced in this part of the world. Additionally, protests against corruption and in favour of European values mean a lot more in times of uncertainty, after the Brexit vote and the progress made by the extreme right in the Dutch and French elections. These protests gave a message of unity around European values, and in that sense they can be viewed as model protests for the times to come.

  These are fascinating times. On one hand, never before have we had politicians who are so mean and selfish, and of such little human and professional quality. On the other hand, there is now a large mass of new people entering the civic arena, getting ready to monitor the government and eventually to help educate politicians. Politicians will be educated only if citizens educate themselves first: there is a need for millions more to wake up and understand that there is another way of living their life.

  7. What challenges do you see moving forward?

  Most importantly, our anti-corruption struggle is ongoing. Despite daily public protests in front of the parliament, new laws on judicial organisation were passed in December 2017 and submitted to the president for approval. The president could veto them, but the ruling parties have a sufficient majority to override the veto. The adoption process was marred by abuses and lack of consultation, which was not surprising, given that the parliamentary committee that drafted them was led by the same former Minister who started the fire in January 2017. These pieces of legislation as well as their adoption process will surely come under the scrutiny of the Constitutional Court in the following months.

  Additionally, the same parliamentary committee is now getting ready to amend the Criminal Code and the Criminal Procedures Code. This is the big stake for politicians; if passed, these amendments will make even the emergency decree passed in January 2017 look soft.

  Still, public support for the ruling party has not gone down enough. To keep popular support, the government keeps trying to deliver on their promise to double salaries, although this is not sustainable, as it would create a huge pressure on public finances.

  CSOs are also being the target of restrictive legislation. It will not be as bad here as it has been in neighbouring Hungary, but the political majority is moving along the same lines. A smear campaign against CSOs is ongoing, and it is being repeatedly insinuated that CSOs have a hidden interest in destabilising the country. In June 2017, a draft bill was proposed to allow for the forced closure of any CSO that does not publish reports of its revenues and expenses, as well as the names of all of its donors, twice a year. This is an arbitrary burden, much more demanding than that applied to other sectors, meant to increase political control over civil society. Although the bill was put on hold for the summer due to the negative public reactions it caused, it was tacitly adopted by the Senate in November 2017, and was then sent to consideration by the Chamber of Deputies. We are confident that we will be able to block it, but we also know that a new move by the government will follow to restrict civil society.

  • Civic space in Romania is rated as ‘narrowed’ by theCIVICUS Monitor.
  • Get in touch withCENTRAS through theirwebsite.
• ‘What is underway is the promotion of an unequal society’

  As part of our 2018 report on the theme ofreimagining democracy, we are interviewing civil society activists and leaders about their work to promote democratic practices and principles, the challenges they encounter and the victories they score. CIVICUS speaks to Silvia Stilli, spokesperson of AOI, the largest civil society platform in Italy, and director of ARCS, a civil society organisation that promotes active citizenship and participatory democracy. Well known for her active commitment in the peace movements of the 1980s, she has 20 years of experience in volunteer work, humanitarian aid and international cooperation. Silvia is particularly active on issues related to migrants and refugees, and recently made astatement on behalf of AOI on the denial of entry to Italy for the migrant rescue boat Aquarius.

  1. Italy’s March 2018 general election led to the formation of a coalition government by two populist parties, the Five Star and the League. What are some of the reasons behind this?

  The reasons for the current situation do not lie just in the last year, but in the last 10 years. Over the past 10 years, relations between political parties and civil society - which in Italy is very broad - have been getting looser and looser, so the opportunities for engagement have declined. There has been a distancing between political parties and civil society.

  During this time, civil society in Italy has become increasingly engaged on social issues, especially since the 2008 global economic crisis, and it has done so by acknowledging the strong interdependence between global challenges and domestic challenges, including in poverty and migration flows. There has been a convergence of the different parts of civil society, including movements that are mobilising to demand rights. Civil society has been mobilising to try to connect global, regional and national issues. Migration is not a standalone issue. It’s something that affects us domestically, but because of our geographic location in the Mediterranean region.

  While civil society has taken a joined-up approach, political parties, including progressive parties, were treating poverty and the economic crisis as purely economic issues requiring domestic responses. Citizens found themselves caught between these two completely different views of how to deal with the situation.

  Another element is the huge mobilisation that has happened around the Five Star movement, which brought together many people around the need for change. This was an entirely new movement that attracted a lot of interest and support. People mobilised without necessarily looking at the depth of their political views, their orientation and programmes. Let’s see if they will actually bring some change.

  2. How are these current changes in politics being experienced by civil society?

  As well as concerns about migration, Italian citizens have experienced concern about security - both personal security, because there have been terrorist attacks, and livelihood security, given the difficulty of finding jobs. These sort of uncertainties and perceptions of insecurity have created the idea among some citizens that the work traditionally pursued by civil society organisations (CSOs), even if done with the best of intentions, is not taking into account their fears and insecurities. This anxiety has somewhat detached citizens from groups working on social issues.

  Over the last two years, donations from citizens, be it voluntary contributions or allocations from tax deductions, have been decreasing. This was an alarming issue even before the election. However, overall, there has been no decline in citizen engagement, as seen for example in volunteering. This has been stable or even slightly increased, particularly among young people, who if anything are more inclined to engage through civil society than join a political party.

  But at the same time that citizens are giving less - including to the many groups that are active in providing support and services in Italy to communities and vulnerable groups, some of which have had services outsourced to them by municipalities, including those run by the League - there are more demands on civil society. So we see on the one hand some financial decline, and on the other hand increasing need.

  Civil society’s role is under discussion. The new message seems to be that civil society can only operate to implement policies established by the government. This is opening up a crisis because it was not the case until now.

  3. How have politicians and political parties cultivated support, and what have been the impacts on rights?

  The current confusion of citizens has happened because of the language that has been used, not just by the current government but by previous governments of both right and left. They started to use language revolving around security against migrants, border control and safety. They attack CSOs working on these issues, seeking to detach citizens from the so-called ‘do-gooders’ of civil society. The fact that the centre-left also spoke this language has confused many citizens, including the more progressive part of the citizenry who might naturally embrace tolerance and sensitivity towards social issues. The consequence is that some citizens have become disconnected from traditional values of democracy.

  What is underway, to some extent continuing some measures of the previous government, is the promotion of an unequal society. They are talking about reduced rights and privileges for whoever is different, especially foreigners and migrants, and not only those coming now by sea, but also those who are already in Italy.

  More broadly, a number of rights that have been expanded in recent years - on same-sex civil unions, abortion, living wills, access to services for a number of minority groups - are all now being undermined. Every day new ministers of this government are making declarations that undermine these and the victories civil society helped achieve in the past. The language used by the government and mainstream parties is more and more attacking minority groups, and the civil society that works with them.

  Recently a Five Star member of parliament posted a Facebook message saying that CSOs that are mobilising for migrants need to be got rid of, in effect calling for a ‘fumigation’ of Italian civil society. This is the kind of language that parts of the new government are using against civil society.

  There is also the ‘Soros effect’ in Italy. The Minister of Internal Affairs now wants to check the budgets of CSOs to see if they are getting money from George Soros and Open Society Foundations. The same minister wants to create a racial profiling of the Roma community, who in most cases are citizens of Italy and not foreigners. This profiling on the basis of race is something that previously wouldn't have been possible in Italy.

  Within this new coalition government, the party that most extremely speaks the language of security is the League, from which the minister of interior affairs comes. It joined the new government as the minority partner, but the latest polls show that its leader, who is being assertive about security, is gaining support.

  These changes have opened up a big crisis of cultural values and challenges, both for the Catholic and secular parts of civil society, which have both played a key role in promoting equality and access to rights. This new approach is disorientating a broad part of established civil society.

  4. How is civil society responding, both to demonstrate its value, and to help those being targeted politically?

  On 24 July 2018, several parts of civil society in Italy collectively organised an ‘email bombing’, all sending an email to the coastal guard. This initiative was joined by millions of citizens. This was a huge mobilisation to request that the coastal guard disregard instructions to devolve the management of migrants to the Libyan coastal guard. This was the first time since the election that we witnessed such a massive mobilisation.

  After a very difficult period when civil society groups in Italy have faced defamation, smear campaigns and accusations, not only from political parties but also from citizens, this event was positive and shows negative trends being challenged, with citizens offering a massive mobilisation in support.

  Italian civil society is almost unanimously aligned on one point: that basic and fundamental human rights cannot be denied, and so they do not support the closure of ports and the blocking of ships and their return to Libya. In the case of the Aquarius, the response has mostly been to point to international treaties and norms, and to call for opening ports in the name of safe ports. Libyan ports clearly don't meet the definition of safe ports.

  Civil society is asking that humanitarian organisations can continue to work with the coastal guard and others involved at sea, as was the case in the past. There have been a number of judicial decisions that back the actions of civil society rescue ships. When rescue ships have been blocked, judges have determined that the ships have been in compliance with international norms, especially the Law of the Sea, and that this definitely overrides the state’s ability to block them.

  Civil society is trying to mobilise different actors within Italy - not only civil society groups, but also local authorities and parts of government, such as those that deal with health and education, and is calling for a more integrated and strategic approach, at least at the national level, looking into rescue at sea and also best practices in integrating communities. It is also calling for changes in foreign policy and development cooperation policy, to look at the complexities and dynamics of countries and regions that migrants come from, and how best to stabilise these and prevent people from needing to migrate: to take a more joined-up approach, at least at the Italian level, but this should also be the approach at the European level.

  Civil society points to the need for a strategic policy at the European level on this issue. On this, if not on the issue of the closure of ports, there is an alignment of civil society and government views.

  5. What else could Italian civil society do to respond, and what are its support needs?

  Although Italian civil society is now well connected and belongs to European and international networks, it has probably started late in engaging meaningfully in those networks. At the beginning, it was often enough to belong, but not be really actively engaged. We then realised the importance of using these channels to engage, such as to bring to wider attention what is happening with migration in Italy that some other parts of Europe might not be experiencing as we are: to raise awareness of the real challenges and struggles. It is crucial for Italian civil society to open up further to regional and international networks. Within key European civil society networks there is recognition of the need to bring forward a new narrative on migration and the integration of migrants in Europe, which could point to the positives of these, and not only the economic argument, but also the benefits of social and cultural growth for Europe. There is a need to invest in this as a medium and long-term political strategy. This is one of the most crucial things that Italian civil society should be doing together with broader European networks to change views of fear about insecurity and instability.

  The second thing we need to do is work with new generations, including in schools and informal spaces, to find channels to engage them in ways that interest them, and invest in their understanding of today’s dynamics so they can be the drivers of change in future. We need to promote more volunteering abroad and the hosting of volunteers in Italy, and exchanges among students and young people who have come from areas of crisis.

  Third, we need to work more with parliament, since there has been a major turnover of those who sit in parliament. There are new people who may not be much aware of the issues and so endorse populist narratives. We need to talk with them and influence them.

  Fourth, we need to work more strategically with the media, to push for a better narrative and try to work through the media to shape opinion.

  Finally, it’s important to highlight critical issues about civil society as well as positive ones. The fact that the credibility of civil society has been undermined, creating a decrease in donations and contributions, has prompted civil society to work more on our self-evaluation tools, to be critical, honest, self-assess how we have been doing things, and move towards more transparency and giving more feedback to citizens, including through participatory budgets and more transparent reports. Not only is it necessary for citizens to know where their money goes, but it is also the right way to respond to attacks.

  Civic space in Italy is rated as ‘open’ by theCIVICUS Monitor.

  Get in touch withAOI andARCS through their websites or follow@AOIcooperazione and@ArcsCultSol on Twitter.

• “Listen to us and let us have a direct say,” say citizens worldwide

  By Andrew Firmin, CIVICUS' Editor-in-Chief

  A group of women fighting back against sexual harassment in Trinidad and Tobago. Marginalised members of the discriminated Dalit caste in Nepal who believe politicians only talk to them when they want their vote. People concerned about the impacts of corruption in Mexico. What do all these people have in common? They all live in societies that describe themselves as democracies, where every few years people get to vote for a leader and party. Yet still they feel no one listens to them. People see political power as something impossibly distant from them.

  Read on: Equal Times 

• #BEIJING25: ‘More women in public office translates into better government and a more robust democracy’

  For the 25th anniversary of theBeijing Platform for Action, CIVICUS is interviewing civil society activists, leaders and experts about the progress achieved and the challenges ahead. Focused on eliminating violence against women, ensuring access to family planning and reproductive healthcare, removing barriers to women’s participation in decision-making and providing decent jobs and equal pay for equal work, the Beijing Platform for Action was adopted at the United Nations’ (UN)Fourth World Conference on Women in 1995. After 25 years, significant but unequal progress has occurred, not least as the result of incessant civil society efforts, but no country has yet achieved gender equality.

  CIVICUS speaks to Pakou Hang, Chief Program Officer at Vote Run Lead, an organisation dedicated to training women to run for political office and win, increasing women’s representation at every level of government. Founded in 2014, it has already reached over 36,000 women across the USA, nearly 60 per cent of whom are women of colour, and 20 per cent of whom are from rural areas. Numerous Vote Run Lead alumnae are now serving on city councils, county boards, statehouses, supreme courts and the US Congress.

  

  A quarter century later, how much of the promise contained in the Beijing Platform for Action has translated into actual change?

  A lot of progress has transpired since 1995, but there is still a lot to be done, and we are still far from equitable. In terms of political representation, there has been some progress, but it has also been slow: globally, 24.3 per cent of all national parliamentarians were women in early 2019, compared to just 11.3 per cent in 1995. Only three countries around the world have achieved or surpassed parity in their single or lower houses, but many more have reached or exceeded the 30 per cent threshold. As of last year, there were also 11 women serving as heads of state and 12 serving as heads of government, and women accounted for almost 21 per cent of government ministers – often in areas most associated with women’s issues, such as social affairs and portfolios dealing with family, children, young people, older people and people with disabilities. So the bottom line is mixed: a lot of progress has been made, but it has been slow and it is far from sufficient.

  Also, there has been a lot of variation among regions and countries, from about 16 per cent female legislators in the Pacific to more than 40 per cent in Nordic European countries. The Americas averages about 30 per cent, but the USA is below average. Congress is still disproportionately male: although women make up more than half the population, we hold barely 24 per cent of seats. Congress is also less racially diverse than the overall population, with 78 per cent of members identifying as white, a much higher percentage than the population’s 60 per cent of white Americans.

  According to the Center for American Women and Politics, the situation is not very different in states across the country: 29.2 per cent of state legislative seats and 18 per cent of state governorships are occupied by women. There is fewer data about local executives, and the information mostly concerns major cities, 60 per cent of whose mayors are white men, although they make up just 20 per cent of the population of those cities. And even as more women ascended into local office in 2018, it was still not uncommon for city councils and county commissions to include just one woman or no women at all.

  On the other hand, despite the relatively small number of women legislators, and especially women of colour, the current US Congress is the most diverse in history. And the group of candidates who ran for Congress in 2020 were also the most diverse we have ever seen. Of course, these candidates received a lot of backlash from the media and their political opponents. But I think we need to shift our perspective to understand the amount of change that has taken place. I surely was disappointed that we ended up with two older, white men leading the two major presidential tickets – but now we also have a Black, Indian American woman as our Vice President-elect, so there is progress.

  I remember when the 2020 presidential election was called for Joe Biden and Kamala Harris, I contacted my nine-year-old niece with the news. She was ecstatic. I was reminded that she belongs to a new generation of Americans who were born under President Barack Hussein Obama. And growing up, she will know that Donald Trump was the President, but she will also know that Trump was beaten by a Black, Indian American woman. As we were talking, my niece said to me, “We are almost there, Auntie.” And it dawned on me: yes, we are almost there.

  Why is it important to achieve gender parity in political representation? Is it only a matter of women’s rights and equal opportunity, or would it also have positive effects on democratic institutions and policymaking?

  A big reason why we need more women in public office is because they govern differently than men. Women in government are more collaborative, more civil, more communicative. They are more likely to work across the aisle to solve problems. They bring home more money for their constituents, pass more bills, and their bills focus more on vulnerable populations like children, older people and sick people. Women broaden the political agenda, well beyond traditional women’s issues. And the result is better policies for all of us, not just for women and girls but also for men and boys. Because they bring an entirely new set of perspectives and life experiences into the policymaking process, the presence of women also ensures that women’s perspectives are not sidelined, and issues such as gender-based violence or childcare are not ignored. All in all, women in public office tend to be more effective than their male counterparts. And given the current gridlock and hyper-partisanship in politics, we need to do things differently. More women in public office translates into better government and a more robust democracy.

  Moreover, the need for women in power and politics has become even more critical in the context of the COVID-19 pandemic. This past electoral cycle, donors wanted to contribute to female candidates’ campaigns more than before, because the pandemic brought awareness not just about the many inequities that plague our society and the healthcare system, but also of the outstanding work women, and in particular women of colour, are doing in their communities to respond to urgent needs, fill in the gaps left by inadequate government policies, and address the needs of excluded populations who have been disproportionately impacted on by COVID-19 and the economic downturn. During this crisis, women have played major roles in keeping communities connected, collecting and distributing food and other staples to needy families, finding ways to support local businesses and providing pop-up community services, among other things.

  Research that looks at the ways in which various countries have responded to the pandemic seems to show that countries with female leaders tended to have fewer cases and fewer deaths from COVID-19. It seems that women in power have embraced a transformative style of leadership, which may be better at handling crises. This type of leadership focuses on deep human relationships, investment in teams and sharing knowledge, and being a role model and motivating others. These qualities are very useful in our current context.

  Why do you think the political representation of women in the USA is still so low?

  There are many reasons why we do not have gender parity in our political representation. First, there are still too many structural reasons why women do not run nor get elected. Women still do a disproportionate amount of housework and child-rearing and there is still sexist media coverage that focuses on women’s appearances and personalities rather than their policies. Further, those in party structures and the people with political knowledge, networks and money still continue to be men, and often they determine who is politically viable; for example, a young man who studied community development at Harvard is deemed more viable than a middle-aged Black woman who has been a community organiser for the past 20 years.

  Paradoxically, female candidates win at roughly the same rates as their male counterparts, and according to polls, voters are excited about getting women elected. But the second reason why women don’t get elected is simply that women don’t run at the same rate as men – and of course, you can’t win if you don’t run.

  Why don’t women run for public office? Perhaps the most pervasive reason is that women are self-doubters. They do not believe they are qualified. They do not see other women who look like them or think like them in those positions of power, and thus it’s a self-fulfilling cycle. But it’s not just women who self-doubt. Outsiders do plenty of that too. In fact, if a woman has never filled a position of power, then a question that keeps coming up in the media, said in a doubtful tone, is: is a woman electable? We heard a lot of that during the 2020 Democratic presidential primary race.

  There’s also the fact that certain qualities that are deemed positive in men are given a negative connotation when applied to women, like assertiveness or ambition. While angry and vindictive men have surely been elected president, women who are perceived as ‘angry’, or ‘vindictive’ are deemed unlikeable, and thus disqualified. Women candidates are held to much higher standards of competency, sometimes by themselves, but more often by others, and as a result we do not have gender parity in our political representation.

  When was it that you realised that, unlike men, women needed training to run for office?

  Even though I had studied political science in college, I felt that American politics was dirty and corrupting and I never got involved in electoral politics. That was until 2001, when my older cousin, Mee Moua, decided to run for a State Senate seat on the East Side of Saint Paul in a special election. The East Side of Saint Paul was fast becoming a district where people from minorities were in the majority, and yet all its elected officials from the state level to the county and the city were all white, conservative-leaning men. My cousin was Ivy League-educated, had been a lawyer and the president of the Hmong Chamber of Commerce, and she decided to run for public office after having volunteered on numerous political campaigns over many years. However, as often happens with female candidates, she was told she needed to wait her turn. Well she didn’t, and since no one in the mainstream political community would help her, she looked to our 71 first cousins to become her volunteer army and recruited me to be her campaign manager because I was the only one of us who had studied political science. Against all odds, without any political experience, and in the middle of a Minnesota winter, we knocked on doors, made phone calls, mobilised voters using ethnic radio stations, drove people to the polls and won, making history by electing the very first Hmong state legislator in US and Hmong history.

  Looking back, I realised that I managed that campaign purely based on instincts, honed from my childhood experience helping my non-English speaking parents navigate the mainstream world. And while we won, we could have just as easily been out-organised and lost. It was only years later, after having gone through a Camp Wellstone political training course, that I realised women candidates needed something for ourselves, something that uniquely spoke to us, and prepared us for the real issues we would face as female candidates.

  What kind of training does Vote Run Lead provide, and how does it help break down the barriers that keep women away from power?

  Vote Run Lead is the largest and most diverse women’s leadership programme in the USA. We have trained over 38,000 women to run for public office, including rural women, transgender women, young women, moms and Black and Indigenous women and women of colour. Over 55 per cent of our alumnae who were on the general election ballot in 2020 won their races, and 71 per cent of our alumnae who are women of colour won their races too.

  The women we train often decide to run for public office because they see something wrong in their community and they want to fix it. But they do not see a lot of people who look like them in positions of power. Vote Run Lead offers a number of training modules that teach women the basics about campaigns, from delivering a stump speech to building a campaign team or crafting a message, to fundraising and getting out the vote. But what makes our training programme different is that we train women to run as they are. Women often need support to view themselves as qualified, capable and deserving candidates. We show them that they don’t need to obtain another promotion or degree and that in fact, their personal story is their biggest asset. Our Run As You Are training curriculum reminds women that they are enough and that they are the fierce leaders we need to elect to build the just democracy that we all deserve.

  What’s the ‘typical’ profile of the women you help run for office? Do you support any women willing to run, regardless of their politics?

  There isn’t a typical Vote Run Lead alumna. We are a nonpartisan organisation, so we train women from all walks of life, all professions, all political parties, and in all stages of their political development. Our values are deeply embedded in promoting intersectional, anti-racist women who are committed to building a just and fair democracy.

  Given the widespread phenomenon of voter suppression in the USA, does your programming also focus on getting out the vote?

  Traditionally, Vote Run Lead does not employ our own get out the vote (GOTV) programme because most of our alumnae are either running or working on a campaign. But in 2020, with the high levels of voter suppression fuelled by misinformation campaigns and health safety concerns, Vote Run Lead did launch a robust GOTV programme with our alumnae. This GOTV programme included eight GOTV-specific training modules, from how to respond to apathy and cynicism around voting, to which digital field and communication tools to use to get out the vote. We also activated over 200 volunteers, had 3,000 conversations, made 30,000 phone calls and sent out over 33,000 text messages to get our alumnae and their networks to go vote.

  Prior to the summer, we also launched a series we called ‘Your Kitchen Cabinet’, where we trained women on how to raise money, do direct voter contact and even launch a digital plan while social distancing. Those guides and webinars can be found on our website and YouTube channel and offer real-time advice and fact-based information.

  Civic space in the USA is rated as ‘obstructed’ by theCIVICUS Monitor.
  Get in touch with Vote Run Lead through itswebsite orFacebook page, and follow@VoteRunLead on Twitter.

• A Free and Diverse Media is Essential to Protecting Democracy in the 21st Century

  By Danny Sriskandarajah

  Images of protestors flooding the streets – whether in Caracas, Bucharest, Istanbul or Washington DC – send a powerful message to those in power, especially when they are plastered across newspaper front pages. In far too many countries, the response has been to shut down the space for citizens to organise and undermine the ability for dissent to be reported. Even in the most mature of democracies, the ability of citizens to organise and mobilise, and the freedom of journalists to report when they do, are being undermined. In an era of rising populism and spreading curbs on fundamental freedoms, we need to do more to protect civic rights and press freedom.

  Read on: Inter Press Service 

• Alert: Continued deterioration of democratic institutions in Venezuela

  Spanish

  Global civil society alliance, CIVICUS and the International Service for Human Rights (ISHR) are deeply concerned about the continuing deterioration of democratic institutions in Venezuela. On 28 and 29 March 2017, the Constitutional Chamber of Venezuela’s Supreme Court (TSJ) issued rulings No. 155 and 156 by which it declared the National Assembly in contempt of court, stripped legislators of parliamentary immunity, and assumed congressional powers as well as the prerogative to delegate them to whoever it decided, namely the Office of the President.
  
  In practice, many civil society organisations in Venezuela have expressed an opinion that these rulings amounted to an attempted coup against the legislative branch of government, a fundamental pillar of democratic institutions and the embodiment of the people’s right to be represented in the arena where key decisions concerning their lives and rights are made. Similarly, the Venezuelan Attorney General considered these decisions represent a rupture of the Constitutional order.
  
  The latest developments are the culmination of a several years’ long process of erosion of congressional authority which has plunged the country into a deep social crisis. Through the past year and a half, the TSJ issued more than 50 rulings that undermined the functions of the National Assembly and conferred unlimited powers onto the executive branch of the state. This is the reason why the backing down by the TSJ on its latest rulings did not amount to a restoration of the separation of powers and the rule of law. The fact that this reversal was executed at the executive’s request further emphasised the judiciary’s lack of independence and the on-going degradation of Venezuelan republican institutions.
  
  Over the years, the erosion of constitutional checks and balances and the resulting political polarisation have progressed hand in hand with increasing restrictions on civic freedoms, namely the rights to freedom of association, expression and peaceful assembly without which an empowered and enabled civil society cannot exist.
  
  In turn, the increasing concentration of decision-making powers in the executive leadership has led to serious policy-making failures, thereby intensifying rather than resolving the social crisis facing the country, including acute shortages of food and other basic goods, challenges with the public health system and a spike in street violence which disproportionately affects impoverished communities. We are also concerned about state repression against individuals and civil society groups when they speak up, organise and protest about their troubles.
  
  In the face of this multidimensional crisis, we call on Venezuelan Government to:

  • Restore the constitutionally defined functions and resources of the National Assembly as well as the prerogatives of its members, devolve the extraordinary powers conferred onto the executive by subsequent TSJ rulings, and introduce measures to guarantee the independence of the judiciary.
  • Repeal the current state of exception, established through an executive decree, and comply with human rights commitments under international law to guarantee basic enabling conditions for human rights defenders and civil society organisations. 
  • Guarantee the rights to freedom of peaceful assembly and association, and of expression. Security forces must refrain from the use of force against, or the arbitrary arrest of peaceful protestors.
  • Engage in dialogue with relevant national actors, including civil society, to resolve the current crisis; and ensure access to food and medicine for the entire population.

  We also urge the international community and in particular, the Organization of American States and its members to assist in resolution of the social and political crisis facing Venezuela.

  Contact:
  Eleanor Openshaw, ISHR NY Office: +1 212 490 2199,
  Inés Pousadela, CIVICUS Policy and Research: +598 2901 1646,

• Alerta: Continuo deterioro de instituciones democráticas en Venezuela

  La alianza global de la sociedad civil CIVICUS y el Servicio Internacional para los Derechos Humanos (ISHR) expresan su profunda preocupación por el creciente deterioro de las instituciones democráticas en Venezuela. Los días 28 y 29 de marzo de 2017, la Sala Constitucional del Tribunal Supremo de Justicia (TSJ) de Venezuela emitió las sentencias N° 155 y 156, mediante las cuales declaró a la Asamblea Nacional en desacato, privó a los legisladores de inmunidad parlamentaria y asumió atribuciones del Congreso, así como la prerrogativa de delegarlas en quien juzgara conveniente, en este caso en la presidencia.

  Numerosas organizaciones de la sociedad civil venezolanas han manifestado que estas decisiones equivalen en la práctica a un intento de golpe de Estado contra el Poder Legislativo, un pilar fundamental de las instituciones democráticas y la encarnación del derecho de la ciudadanía a estar representada allí donde se toman las decisiones clave que repercuten sobre sus vidas y sus derechos. Del mismo modo, la Fiscal General consideró que estas decisiones del TSJ representan una ruptura del orden constitucional.
  
  Los últimos acontecimientos han sido la culminación de un proceso de erosión de la autoridad del Congreso que lleva varios años, y que ha sumido al país en una profunda crisis social. Durante el pasado año y medio, el TSJ emitió más de 50 resoluciones que socavaron las funciones de la Asamblea Nacional y otorgaron poderes ilimitados al Ejecutivo. Esta es la razón por la cual la decisión del TSJ de dar marcha atrás sobre sus últimas decisiones no supuso un restablecimiento de la separación de poderes y del estado de derecho. El hecho de que el TSJ revirtiera sus decisiones a petición del Ejecutivo, asimismo, no hizo más que enfatizar la falta de independencia del poder judicial y la degradación en curso de las instituciones republicanas en Venezuela.
  
  A lo largo de los años, la erosión de los controles constitucionales y la consiguiente polarización política han ido acompañados de restricciones cada vez mayores sobre las libertades cívicas, es decir, sobre los derechos a la libertad de asociación, de expresión y de reunión pacífica sin los cuales no puede funcionar una sociedad civil activa y empoderada.
  
  A su vez, la creciente concentración de poderes de decisión en el liderazgo ejecutivo ha redundado en graves fallos en la formulación de políticas públicas, intensificando en vez de resolver la crisis social que afronta el país, con fenómenos que incluyen una aguda escasez de alimentos y otros bienes básicos, el desmoronamiento del sistema público de salud y un aumento de la violencia callejera que afecta desproporcionadamente a las comunidades empobrecidas. También resulta preocupante la creciente represión estatal contra individuos y grupos de la sociedad civil que se expresan, organizan y protestan acerca de estos problemas.
  
  Frente a esta crisis multidimensional, hacemos un llamado al gobierno venezolano para que:

  1. Restaure las funciones y recursos constitucionalmente definidos de la Asamblea Nacional, así como las prerrogativas de sus miembros, devuelva las facultades extraordinarias conferidas al Poder Ejecutivo mediante sucesivas sentencias del TSJ, e introduzca medidas para garantizar la independencia del Poder Judicial.
  2. Derogue el estado actual de excepción, establecido mediante decreto ejecutivo, y cumpla con los compromisos de derechos humanos asumidos bajo el derecho internacional en materia de garantía de las condiciones básicas para el trabajo de defensores de derechos humanos y organizaciones de la sociedad civil.
  3. Garantice el derecho a las libertades de reunión pacífica, asociación y expresión. Las fuerzas de seguridad deben abstenerse del uso de la fuerza y el arresto arbitrario de manifestantes pacíficos.
  4. Participe en un diálogo con actores nacionales relevantes, incluyendo a la sociedad civil, para resolver la actual crisis; y asegure el acceso a alimentos y medicamentos para toda la población.
     Instamos también a la comunidad internacional, y en particular a la Organización de los Estados Americanos y a sus Estados miembros, a colaborar en aras de la resolución de la crisis social y política que enfrenta Venezuela.

  Contactos:
  Eleanor Openshaw,
  ISHR Oficina de Nueva York
  +12124902199
  

  Inés Pousadela
  CIVICUS Políticas e Investigación
  +598 2901 1646
  

• Alerta: Continuo deterioro de instituciones democráticas en Venezuela

  La alianza global de la sociedad civil CIVICUS y el Servicio Internacional para los Derechos Humanos (ISHR) expresan su profunda preocupación por el creciente deterioro de las instituciones democráticas en Venezuela. Los días 28 y 29 de marzo de 2017, la Sala Constitucional del Tribunal Supremo de Justicia (TSJ) de Venezuela emitió las sentencias N° 155 y 156, mediante las cuales declaró a la Asamblea Nacional en desacato, privó a los legisladores de inmunidad parlamentaria y asumió atribuciones del Congreso, así como la prerrogativa de delegarlas en quien juzgara conveniente, en este caso en la presidencia.

  Numerosas organizaciones de la sociedad civil venezolanas han manifestado que estas decisiones equivalen en la práctica a un intento de golpe de Estado contra el Poder Legislativo, un pilar fundamental de las instituciones democráticas y la encarnación del derecho de la ciudadanía a estar representada allí donde se toman las decisiones clave que repercuten sobre sus vidas y sus derechos. Del mismo modo, la Fiscal General consideró que estas decisiones del TSJ representan una ruptura del orden constitucional.
  
  Los últimos acontecimientos han sido la culminación de un proceso de erosión de la autoridad del Congreso que lleva varios años, y que ha sumido al país en una profunda crisis social. Durante el pasado año y medio, el TSJ emitió más de 50 resoluciones que socavaron las funciones de la Asamblea Nacional y otorgaron poderes ilimitados al Ejecutivo. Esta es la razón por la cual la decisión del TSJ de dar marcha atrás sobre sus últimas decisiones no supuso un restablecimiento de la separación de poderes y del estado de derecho. El hecho de que el TSJ revirtiera sus decisiones a petición del Ejecutivo, asimismo, no hizo más que enfatizar la falta de independencia del poder judicial y la degradación en curso de las instituciones republicanas en Venezuela.
  
  A lo largo de los años, la erosión de los controles constitucionales y la consiguiente polarización política han ido acompañados de restricciones cada vez mayores sobre las libertades cívicas, es decir, sobre los derechos a la libertad de asociación, de expresión y de reunión pacífica sin los cuales no puede funcionar una sociedad civil activa y empoderada.
  
  A su vez, la creciente concentración de poderes de decisión en el liderazgo ejecutivo ha redundado en graves fallos en la formulación de políticas públicas, intensificando en vez de resolver la crisis social que afronta el país, con fenómenos que incluyen una aguda escasez de alimentos y otros bienes básicos, el desmoronamiento del sistema público de salud y un aumento de la violencia callejera que afecta desproporcionadamente a las comunidades empobrecidas. También resulta preocupante la creciente represión estatal contra individuos y grupos de la sociedad civil que se expresan, organizan y protestan acerca de estos problemas.
  
  Frente a esta crisis multidimensional, hacemos un llamado al gobierno venezolano para que:

  1. Restaure las funciones y recursos constitucionalmente definidos de la Asamblea Nacional, así como las prerrogativas de sus miembros, devuelva las facultades extraordinarias conferidas al Poder Ejecutivo mediante sucesivas sentencias del TSJ, e introduzca medidas para garantizar la independencia del Poder Judicial.
  2. Derogue el estado actual de excepción, establecido mediante decreto ejecutivo, y cumpla con los compromisos de derechos humanos asumidos bajo el derecho internacional en materia de garantía de las condiciones básicas para el trabajo de defensores de derechos humanos y organizaciones de la sociedad civil.
  3. Garantice el derecho a las libertades de reunión pacífica, asociación y expresión. Las fuerzas de seguridad deben abstenerse del uso de la fuerza y el arresto arbitrario de manifestantes pacíficos.
  4. Participe en un diálogo con actores nacionales relevantes, incluyendo a la sociedad civil, para resolver la actual crisis; y asegure el acceso a alimentos y medicamentos para toda la población.
     Instamos también a la comunidad internacional, y en particular a la Organización de los Estados Americanos y a sus Estados miembros, a colaborar en aras de la resolución de la crisis social y política que enfrenta Venezuela.

  Contactos:
  Eleanor Openshaw,
  ISHR Oficina de Nueva York
  +12124902199
  

  Inés Pousadela
  CIVICUS Políticas e Investigación
  +598 2901 1646
  

• ALGERIA: ‘The state must respect the freedoms of those calling for truth and justice on enforced disappearances’

  

  CIVICUS speaks about the repression of civil society in Algeria with Nassera Dutour, a Franco-Algerian human rights activist and president of the Collective of Families of People Disappeared in Algeria (CFDA) and the Euro-Mediterranean Federation against Enforced Disappearances.

  The CFDA was founded in Paris in May 1998 by Algerian mothers living in France who had relatives who had disappeared in Algeria. It defends the right to truth and justice of the families of the disappeared and has worked from the outset to raise national and international public awareness of the scale of human rights violations in Algeria.

   

  What’s the reason for the recent increase in repression in Algeria?

  In February 2019, the people of Algeria mobilised spontaneously and peacefully to demand democratic change. They took to the streets of Algiers and other cities to protest against incumbent President Abdelaziz Bouteflika’s bid for a fifth term. Even after his resignation, the protest movement, known as the Hirak, lost none of its momentum, broadening its demands to call for a radical overhaul of the regime, a civilian government and a ‘free and democratic Algeria’.

  Although the COVID-19 pandemic put the demonstrations on hold from March 2020 onwards, mobilisation resumed in February 2021 before experiencing a definitive decline, partly due to concerted pressure from the authorities to suppress the movement. Human rights activists, particularly those who dare to criticise the government’s rhetoric and policies, are constantly harassed and intimidated. The security forces monitor and threaten them, creating a climate of fear that is gradually becoming fatal to human rights activism. In some extreme cases, activists face physical violence, which compromises their safety and their ability to continue their essential work.

  Algerian courts have used numerous provisions of the Penal Code to silence critical voices online and offline. Journalists such as Mustapha Bendjama, Khaled Drareni, Ihsane El-Kadi and Rabah Karèche have been targeted with long prison sentences for exposing corruption and abuse. The authorities have also arbitrarily restricted or blocked access to independent news websites, further undermining access to diverse information.

  Among other tactics, the authorities have often invoked the ‘national interest’ to restrict the freedom of action of human rights defenders. For example, Nacer Meghnine, president of the SOS Bab El Oued association, was sentenced in 2021 for publications found at his association’s headquarters denouncing repression, arbitrary arrests and torture. The judges considered that these writings tarnished Algeria’s international image, and that by criticising Algeria for failing to apply the United Nations (UN) Convention against Torture, he was inciting foreign interference. Nacer Meghnine was also convicted of direct incitement to unarmed assembly for leaflets displaying portraits of prisoners of conscience. One of the most formidable tools used by the authorities to repress dissent is anti-terrorism legislation, which has broadened the definition of terrorism.

  Are independent civil society organisations able to operate in Algeria?

  The CFDA remains a clandestine association despite numerous attempts to legalise it with the Ministry of the Interior and the prefecture. There has never been any justification from the government for refusing to authorise its registration.

  From 2001 to 2013, the CFDA had to move its offices in Algeria every year, due to intimidation of the owners by the Algerian authorities. In France, there were two particularly violent intrusions into our offices, which were completely ransacked. The Algerian government puts a great deal of psychological pressure on the members of the organisation both in Algeria and France.

  In 2023, police officers came to the Algiers offices and threatened members of the association. No action was taken, although the association’s lawyer tried to find out whether there was an investigation file on the CFDA or on the owner of the premises.

  When we were organising a conference in Algiers, the authorities came to the hotel and ‘suggested’ that we should not hold the conference. CFDA staff and partners tried for hours to stand up to the police and gendarmerie, but they forced us to leave. This international seminar, which was to have been held over two days on the theme of ‘Truth, Justice and Conciliation’, was simply banned.

  Our telephone and internet have been regularly cut off without any explanation, and our website and social media accounts have been hacked twice. The CFDA radio station that we set up in 2016 was immediately censored and made inaccessible in Algeria. Six years later, the site was hacked and the CFDA was forced to create another site under a different name.

  CFDA members have been subjected to psychological harassment, including repeated death threats. In 2002, the French authorities warned me that Algeria had given the order to kill me.

  In addition, recourse to foreign funding is drastically limited, while it is virtually impossible to gain access to state funding, which is only available to organisations affiliated with the Algerian state.

  Since the Hirak, the dissolution of associations has increased exponentially. An association can be suspended if it ‘interferes in the country’s internal affairs or undermines national sovereignty’. The Youth Action Gathering and the Algerian League for the Defence of Human Rights have been dissolved.

  Demonstrations organised in Algeria to defend human rights are often repressed by the police, with numerous arbitrary arrests and detentions, cases of short and long-term enforced disappearances and incidences of torture.

  As a result of this repression, many human rights defenders, lawyers and journalists have had to leave Algeria for France or other European countries. But the diaspora continues to present a united front through joint actions such as demonstrations in Paris every Sunday, advocacy missions to national, European and international institutions, documentation and the drafting of reports for decision-making and investigative and judicial bodies, the publication of press articles and official press releases, conferences and round tables, and social media campaigns.

  How does the CFDA work to protect and promote human rights in Algeria?

  The CFDA advocates with international bodies and invites human rights activists and members of civil society in Algeria to take part.

  The CFDA immediately informs the public as soon as it becomes aware of a human rights violation in Algeria. However, we don’t stop at denunciations: we make calls on states in writing and urge international bodies to take action through urgent appeals to various UN special procedures and to the commissioners of the African Commission on Human and Peoples’ Rights.

  The CFDA has produced several reports on human rights in Algeria, the non-independence of the judiciary, women’s rights, arbitrary detentions and enforced disappearances.

  In 2014 in the city or Oran, we inaugurated the Centre for the Preservation of Memory and the Study of Human Rights. This is a space open to the public for documentation, meetings and reflection on human rights issues. It has a wide range of publications on enforced disappearances and transitional justice.

  The CFDA trains and informs people. It provides information through its social networks and website, as well as through its online radio station, Radio of the Voiceless. Since 2016, the radio station has covered human rights issues through regular podcasts and interviews. It is an integral part of our memorialisation work because it offers a space for expression to people who have been silenced. Since 2019, the radio station has also been following up and commenting on the Hirak and the authoritarian excesses of the Algerian regime.

  The CFDA trains human rights activists in international and African human rights protection mechanisms, internal and external communication and conflict management. It invests heavily in the independence of the judiciary because it believes that the rule of law and democracy cannot exist without an independent judiciary, and that without the rule of law, the truth about enforced disappearances in Algeria will never be established.

  What are your demands to the Algerian government?

  With regard to the search for the truth, we demand an exhaustive and impartial investigation into all cases of disappearance so that the victim, if alive, is placed under the protection of the law, and if not, their remains are returned to their family. All those concerned by the disappearance must have access to the final results of the investigation.

  The authorities must use all technical and legal means available to locate mass graves and unmarked graves, identify bodies, clarify the circumstances in which they were buried and return the remains to the families. They must set up a DNA database for identification purposes.

  To put an end to impunity, the authorities must carry out immediate and impartial investigations into each alleged case of disappearance in which the instigator, perpetrator or accomplice is a public official. Any criminal complaint against an unknown person or public official must be declared admissible and investigated immediately. The state must also take urgent measures to guarantee the independence and impartiality of the judiciary.

  In addition, appropriate and adequate reparations must be made to the victims, including adequate financial compensation, moral and psychological rehabilitation, and the fullest and most visible remembrance possible.

  To ensure that the crimes of the past are not repeated, the state must respect, protect, guarantee and promote freedoms of opinion, expression, association and peaceful assembly for those who demand truth and justice. It must protect all the victims and their families against potential attacks on their physical and moral integrity that they may suffer as a result of their demands.

  What support does Algerian civil society receive from international allies, and what other international support do you need?

  International civil society organisations such as Amnesty International and the International Federation for Human Rights are constantly alert to the Algerian government’s repression.

  In addition, these organisations, along with the CFDA and other Algerian organisations, have led and taken part in advocacy missions to international bodies, particularly in Europe, for the release of prisoners of conscience. We have obtained three resolutions from the European Parliament on human rights violations in Algeria.

  Despite these actions, to our knowledge and great despair, no state has spoken out or denounced the repression in Algeria.

  In this context, it is necessary to strengthen international solidarity to show a united front in order to create a balance of power that leads states to urge the state of Algeria to respect its international obligations regarding collective and individual freedoms and the establishment of the rule of law in Algeria, starting with judicial independence.

  As for enforced disappearances, it is necessary to raise international awareness of the fact that this practice can occur under any repressive government and concerns all societies, all the more so in a globalised world where intergenerational traumas and practices are particularly mobile. This tactic first surfaced in the Latin American dictatorships of the 1970s and 80s, and is now used on every continent by authoritarian regimes of all political persuasions. Yet decision-makers and various stakeholders have shown themselves to be disengaged. We absolutely must mobilise a broad public and organise internationally to combat and prevent this crime.

  ---

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

  Get in touch with CFDA through itswebsite, Instagram account orFacebook page, and follow@SOS_Disparus on Twitter.

• Alpha Condé wants a third term in Guinea. The AU must stop him

  By David Kode, Advocacy and Campaigns Lead 

  President Ramaphosa and the AU have a crucial role in aiding the continuation of Guinea's democracy. Guinea’s nascent democracy hangs in the balance as current President Alpha Condé’s resolve to defy the constitution and stand for a third term in office threatens to plunge the country into violence. Under the current constitution, President Conde is only allowed to serve two five-year terms. The only way he can change the presidential limit is through a new constitution, which requires a referendum.

  Read on: The Africa Report 

• ANGOLA: ‘Chances for real democracy in Angola are quite low’

  

  Portuguese 

  CIVICUS speaks about the recent presidential and National Assembly election in Angola with Pascoal Baptistiny, Executive Director of MBAKITA – Kubango Agricultural Benevolent Mission, Inclusion, Technologies and the Environment.  MBAKITA is a civil society organisation based in Cuando Cubango province in southern Angola. Founded in 2002, it defends the rights of Indigenous peoples and traditional communities, denounces the discrimination they suffer and the expropriation of their lands, and promotes a more just, democratic, participatory, tolerant, supportive, healthy and humane society.

  What was the political climate in the run-up to the recent election in Angola?

  The political climate was veryunfavourable, not at all conducive to a free and fair election. Angola was alreadycharacterised by heavy restrictions on civic space, and this worsened in the run-up to the 24 August election.

  Civic space has been long marked by persecution, intimidation, threats, arbitrary arrests, judicial harassment, slander, defamation, censorship, intolerance and ordered killings. Protests are often banned and frequently repressed, sometimes with lethal violence.

  Restrictions tightened before the election and were maintained during the voting and in the aftermath, to prevent protests at suspected fraud. Rapid Intervention Police, State Secret Information Services, Public Order Police, Migration and Foreigners Services, Border Guard Police, Criminal Investigation Services and the Attorney General's Office were all deployed in the streets of Angola’s 18 provinces.

• ANGOLA: ‘Much effort was put into excluding people from the electoral process’

  PORTUGUESE

  CIVICUS speaks about the recent Angolan election and its aftermath with Catarina Antunes Gomes and Cesaltina Abreu from the Social Sciences and Humanities Laboratory of the Catholic University of Angola (LAB). LAB works closely with Civic Movement Mudei (‘I changed’ in Portuguese), a movement of multiple civil society organisations (CSOs) that advocate for democratic change in Angola. It campaigns for voting rights and fair conditions of electoral competition, including transparent funding, equitable media coverage and citizen monitoring of election processes.

  

   What kinds of civic space restrictions did Angolan civil society encounter during the election?

  Civil society has faced many constraints before, during and after the election. Prior to the election, there was a partial review of the constitution that was done without any consultation and did not follow the recommendations of the African Charter on Democracy, Elections and Governance. The organic law on general elections was also amended without the participation of civil society or the political opposition, and it resulted in reduced electoral transparency. Key stakeholders were denied a platform to be part of the process.

  A few months before the election, the government also decided to change Angola’s political and administrative division, with potential impact on the drawing of electoral districts. Although it did not follow through with this reform, this caused great confusion and gave rise to suspicions about the intentions of the ruling party, the People’s Movement for the Liberation of Angola (MPLA), and the credibility of the election.

  In 2021 President João Lourenço appointed Laurinda Cardoso, a member of the MPLA’s political bureau, as chief judge of the Constitutional Court. Civil society also raised concerns about the appointment and swearing in of Manuel Pereira da Silva as the new president of the National Electoral Commission. But our voices have been overlooked during the whole process.

  The media situation has also been very precarious. Since the start of the electoral process, state intervention has increased, even in private media. Mudei monitored the media coverage of various parties and candidates from May until July and found that both public and private media had become instruments of propaganda, undermining the right to freedom of information and free choice.

  On 6 July, just as the electoral campaign was about to begin, a new law was proposed to prohibit surveys and posts revealing voting choices. Instead of ensuring people were fully included in the electoral process, much effort was put into excluding them.

  As a result, the level of transparency and fairness of the 24 August election has been dubious to say the least. It has been questioned by civil society through many public statements. The organisations we work with, Mudei and LAB, have produced a statementindicating they do not consider the elections to have been transparent, fair and free.

  What do you think contributed to low voter turnout?

  There were probably many reasons why fewer than half of registered voters went to the polls, but we believe major ones were disorganisation, fear and lack of trust.

  The whole process was badly organised. In September 2021 there was an ‘unofficial electoral registration’ period, which is really a process of connecting databases to determine who is eligible to vote, but it was not made clear to people what this was about. Most people were confused about what the law said on residency and voting. The process was marked by lack of clarity and irregularities. Everything seemed too complicated so many lost interest. Many people were excluded as a result.

  People were also afraid. The electoral campaign should be a time when candidates share their ideas with us, debate their parties’ proposals and tell us their thoughts about Angola’s future. But this was not what happened. The ruling party had a strong negative discourse, treating the other parties as enemies rather than adversaries. They didn’t present any ideas on how to make the country progress and what they published as their political programme was of very low quality.

  Staying away from the polls can also be interpreted as a form of protest. We have done a lot of comparative electoral analysis and found that protest voting has increased in Angola through the years. This is the result of people’s complete lack of faith in political institutions, given their limited democratic character and lack of transparency. This year the protest vote rose even further.

  How has the Angolan government reacted to civil society’s criticisms of electoral irregularities?

  The government has responded with repression. There are two situations that we would like to share with CIVICUS and other international allies so they can help us by providing visibility, pressuring human rights international bodies and offering support in the form of capacity-building and funding for human rights activists and social movements in Angola.

  The first situation concerns Pascoal Baptistiny, executive director of MBAKITA, a CSO that promotes the rights of Indigenous peoples and traditional communities in the province of Cuando Cubango in southern Angola. Pascoal has expressed concerns about the election, including in an interview with CIVICUS last year. This made him a target. He was put under surveillance and has recently requested our help to evacuate his family to Luanda, Angola’s capital, because he has been threatened and is afraid for their safety.

  The second situation concerns several members of Mudei, including its coordinator, who has been threatened repeatedly. Another of our colleagues, who was an independent candidate, has been mentioned in aggressive articles and social media posts along with an official from the European Union delegation in Luanda. They are attacked as part of a supposed subversive conspiracy involving powerful international interests aiming at destabilising Angola.

  The feeling of oppression has been increasing. The Angolan army has been put on high alert, allegedly to prevent attacks. But how would unarmed civilians be able to attack them? That is clearly an excuse; their presence is threatening and intimidating. We urge the international community to publicly denounce what our government is doing to people and act to protect civil society activists who continue to work regardless and face threats and violence as a result.

  ---

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

  Get in touch with Mudei through itsFacebook page,and follow@MovCivicoMudei on Twitter.

• ANGOLA: ‘The new NGO Law is just a way of legalising the government’s arrogance and excesses’

  PORTUGUESE

  CIVICUS discusses the state of civic space and the new restrictions being imposed on the work of Angolan civil society with Godinho Cristóvão, a jurist, human rights defender and executive director of the association Movimento de Defensores de Direitos Humanos de Angola (Movement of Human Rights Defenders of Angola, KUTAKESA).

  KUTAKESA is a civil society organisation (CSO) working for the rights and protection of human rights defenders (HRDs) in Angola, particularly those active in more vulnerable areas, working on more sensitive issues and from historically excluded groups.

  What are the current conditions for civil society in Angola?

  Angolan CSOs work in a climate of suspicion and uncertainty, despite the fact that the Constitution of the Republic of Angola enshrines a catalogue of citizens’ fundamental rights, freedoms and guarantees.

  The Angolan authorities should have aligned themselves with the democratic rule of law and respected the work of CSOs and HRDs. Instead, there has been an increase in threats, harassment and illegal arrests of HRDs who denounce or hold peaceful demonstrations against acts of bad governance and violations of citizens’ rights and freedoms. There have been clear setbacks with regard to the guarantee of fundamental rights and freedoms enshrined in the constitution, as well as the rights set out in the African Charter on Human and Peoples’ Rights and other human rights treaties Angola has ratified.

  How is the government targeting civil society with restrictive legislation?

  The attacks on civil society are totally uncalled for. On 25 May, the Angolan National Assembly passed a draft NGO Statute, despite severe criticism from CSOs, which have stated that it limits freedom of association and gives the state excessive powers to interfere with CSO activities.

  The government targets civil society with legislation that is meant for terrorists and money launderers, though it has never been proven in any court that a CSO has committed an act of terrorism in Angola. On the contrary, the rationale of this legislation constitutes institutional terrorism, the target of which are CSOs.

  In Angola we all know who the corrupt are, and which party feeds corruption and money laundering. And as far as we know, CSOs are not part of that group. Funders of Angolan CSOs are all clearly identified, and the transfer of funds goes through national banking institutions and a rigorous compliance process. It is also worth remembering that many CSO funders are the same ones that fund government projects.

  How does the new restrictive law compare with the 2015 decree that was declared unconstitutional?

  In general, the content and spirit of Presidential Decree 74/15 on the Regulation of NGOs are the same as those of the new NGO Statute Law. By way of example, the rights and duties chapter of the previous regulation, later declared unconstitutional, was retained with only minimal changes in wording that in no way alter its content and its controlling and repressive spirit.

  Additionally, the decree that was found unconstitutional provided for an administrative body under the tutelage of the Angolan executive – called IMPROCAC – with the power to monitor and control CSO actions. The recently approved draft NGO Statute Law provides for a similar body with the same attributions as the old IMPROCAC.

  In other words, this is a new attempt to impose similar restrictions, but it is more serious since its instrument is no longer a presidential decree but a law. This means that it is no longer only the executive that is attacking the principles of autonomy and freedom of association provided for in article 48 of the constitution, but Congress as well, in which the president’s party, the Popular Movement for the Liberation of Angola (MPLA), has a majority. It is worth remembering that it was the MPLA majority that approved the 2010 constitution which it is now violating by passing the NGO Statute Law.

  How is civil society, including KUTAKESA, reacting to the proposed law?

  CSOs, at least the most active ones, are not looking favourably on the approval of this law, given the threats it represents in terms of closing off civic space in Angola.

  We are taking joint action to prevent the final approval of this law and its entry into force. From the point of view of legal certainty and security, the courts should be aligned with the principle of jurisprudential precedent. Since they submitted the presidential decree to a review of unconstitutionality and declared it unconstitutional, they should now follow suit, given that the new law contains the same irregularities.

  All national organisations took a joint position to call on parliament to take off the agenda the law now approved. This was done through information exchange meetings with opposition parties represented in parliament. At the same time we made public statements alerting the public about the dangers for freedom of association if the law was approved, and we made urgent appeals to the special rapporteurs of the African Commission on Human and Peoples’ Rights and the United Nations (UN) who have a mandate on freedom of association and HRDs to alert the Angolan government about the consequences the law will have on respect for human rights.

  On KUTAKESA’s part, urgent appeals were made to the African Commission on Human and Peoples’ Rights, the Special Rapporteur on the Situation of Human Rights Defenders in Africa, Remy Ngoy Lumbu, and the UN Special Rapporteur on the Situation of Human Rights Defenders, Mary Lawlor.

  Do you see the new law as part of a wider trend to restrict civic space?

  Yes of course, but it is also important to note that the repression of peaceful and legal demonstrations predates the approval of this law. Government mismanagement and endemic corruption have been some of the main causes of the deteriorating social, economic and family conditions for the majority of the population, leading to growing protests and mass demonstrations, which have often been repressed. The approval of this law is just another means of repression and of legalising the arrogance and excesses of the government and its agents, particularly the national police.

  While the law is not necessarily intended as a response to the ongoing protests, given that the attempt to get it passed dates back to 2015, it is likely to be used as another tool to crack down on the protests.

  Now, if the government has good sense and makes a strategic reading of the current political and social context of Angola, it could stop the process of approval of the law or, if it is too late for that, the president could refuse to promulgate it, taking the appeals of civil society into consideration. The law’s approval would certainly increase the number of protests and demonstrations.

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

  Get in touch with KUTAKESA through theirwebsite.

• ANGOLA: ‘The untrue government narrative reveals an aversion to civil society denouncing malpractice’

   PORTUGUESE

  

  CIVICUS discusses the state of civic space and the new restrictions being imposed on civil society in Angola with Emilio José Manuel, focal point for Angola of the Lusophone Platform for Human Rights and founding member of the Working Group for Human Rights Monitoring in Angola (GTMDH).

  The GTMDH is a platform of civil society organisations (CSOs) that works to promote and defend human rights and strives for social justice within the framework of the Angolan constitution and other current laws, as well as international conventions and treaties.

  What are the conditions for civil society in Angola?

  Although there is currently no direct or indirect interference in the work of civil society in Angola, the authorities’ discourse is that, because they receive funding from international institutions, CSOs defend and represent foreign interests.

  Meanwhile there are many joint actions between public institutions and CSOs. For example, once a year the Ministry of Justice and Human Rights organises a forum with CSOs where the GTMDH presents its public position on human rights and provides information on the granting of registration certificates, the legal documents that the Angolan state gives to each CSO attesting that it is legally registered and can operate in the country.

  Why is the government targeting CSOs with legislation aimed at terrorists and money launderers?

  According to the report supporting the draft law, the president considers that he has ‘encountered constraints and difficulties in ensuring compliance with international obligations assumed by the Angolan Government in the area of money laundering and the financing of terrorism’. Hence the need to control the sources and destination of CSO funds.

  This narrative of the Angolan government is untrue and clearly demonstrates its aversion to the role of CSOs in monitoring and denouncing government malpractice. Financial support for the projects of CSOs and human rights defenders comes from well-identified organisations and goes through banking institutions with strict compliance rules – and some of these funders are the same ones that support government projects.

  On 26 May, the draft NGO Statute Law was passed in general by the Angolan National Assembly, ignoring severe criticism from civil society, which has made clear that it limits the right of association and gives the executive excessive powers to interfere in CSO activities.

  The situation is very alarming because the draft law imposes a 120-day period for existing CSOs to make their statutes conform with the law, otherwise they will be outlawed outright without a judicial decision. Article 2 of the draft law requires existing CSOs to conform with the new provisions, under penalty of having their statutes and registrations revoked. This is a violation of the principle of legality and access to justice guaranteed by the Angolan constitution. The principle of legality requires that the law should be clearly articulated and known in advance and should not be applied retroactively.

  How has civil society reacted to the draft law?

  Civil society analysed the draft law and reacted against it. In collaboration with the GTMDH coordinator, my role as legal officer was to prepare petitions, public position papers and communications with the United Nations (UN) Special Rapporteur on Freedom of Peaceful Assembly and of Association, and to engage with regional and international partners to amplify the voices of Angolan civil society.

  We requested a technical opinion from UN Special Rapporteur Clément Voule and drafted a public civil society position on the bill explaining why it violates freedoms of association, which we presented publicly at a press conference.

  We advocated with opposition parties represented in parliament and made contacts with the Angolan Bar Association to file, within the scope of our constitutional prerogatives, the appropriate action for an assessment of the unconstitutionality of the draft law. The day before the general approval of the draft law, we sent a public petition to the National Assembly demanding that it not approve it.

  Our next action will be to send a letter to the presidents of some key countries about the closure of civic space in Angola and increasing controls over CSOs, including international CSOs.

  Protests are also taking place against the proposed NGO Statute Law, which have converged with protests against measures that have increased fuel prices and a crackdown on street vendors.

  Do you see this bill as part of a wider trend of restricting civic space?

  The recent repression of demonstrations, arrests of activists and attacks on protesters, including women, is an indicator that civic space is being severely restricted. The use of force by the national police has resulted in deaths without any appropriate process to hold to account and punish police officers involved in cases of violence, torture and killings.

  Our country depends on importing food staples and other goods from abroad. Right now the prices of food, other goods and services have increased. Street vendors are a group that some CSOs work with, particularly those dedicated to empowering women to establish small businesses. Some organisations provide micro credits to street vendors. Although the street vendors’ movement has a life of its own, it is CSOs and their lawyers who have provided them with free legal aid.

  There is a current of national solidarity, taking into account that the law does not explicitly say it will regulate all initiatives by citizens who wish to create an association. My personal opinion is that everyone feels that control will go further. The draft NGO Statute Law lacks a clear definition of what a ‘non-governmental organisation’ is. It also includes vague provisions that need to be better fleshed out to enable the proper interpretation of the law. For example, it is difficult to understand the meaning and normative scope of article 19(1)(d), which imposes a ‘duty on NGOs to refrain from practices and actions that are subversive or liable to be confused with them’. The unanswered question here is how subversive actions are to be defined in the context of the law.

  How does the new draft law compare with the 2015 decree that was deemed unconstitutional?

  According to the analysis we’ve made, the arguments and contents are the same as in Decree 74/15 on the Regulation of NGOs. We have the new role of counselling judges in the Constitutional Court. The situation in the Supreme Court indicates that we have a crisis in the judiciary. So it is uncertain whether this time the judicial decision will be in favour of CSOs. The present draft law establishes rules to control, restrict, approve, authorise and suspend the activities of CSOs, including CSO extinction by an administrative entity to be determined by the president as holder of the executive power, which violates the principle of freedom of association as provided in article 48 of the constitution.

  Do you view the draft NGO Statute Law as part of a regional or global trend?

  After having participated in sessions of the NGO Forum and the African Commission on Human and Peoples’ Rights, I noted a tendency to restrict civic space throughout Africa. As part of the civil society strategy, we held meetings with activists from Mozambique to share experiences and assemble regional, continental and international strategies. It is worth remembering that various activists, whether linked to CSOs or not, are directly involved in campaigns and waves of protest to try to ensure that the draft law is not given final approval by parliament and promulgated by the president.

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

  Contact GTMDH through itswebsite.

• ANGOLA: “The ruling party sees local elections as a threat”

  View the original interview in Portuguese here

  CIVICUS speaks about the situation in Angola with Pascoal Baptistiny, Executive Director of MBAKITA  – Kubango Agricultural Benevolent Mission, Inclusion, Technologies and the Environment, a civil society organisation based in the Cuando Cubango province in southern Angola. Founded in 2002, MBAKITA defends the rights of Indigenous peoples and traditional communities, denounces the discrimination they suffer and the expropriation of their lands, and promotes a more just, democratic, participatory, tolerant, supportive, healthy and humane society.

  What is the state of civic space in Angola, and what are the main constraints faced by Angolan activists?

  The repression of civic space in Angola is one of the biggest challenges facing Angolan civil society today. Activists suffer arbitrary and illegal arrests, torture and ill-treatment, abductions, killings, harassment and disappearances by government forces, police and state intelligence services. This repression has made many Angolans careful about what they say in public. The few organisations that defend human rights in Angola often do so at great risk to the activists involved and their families.

  Could you tell us about the restrictions you and your colleagues faced in 2020?

  In 2020, my MBAKITA colleagues and I faced obstacles aimed at preventing, minimising, disrupting and reversing the impact of our organisation’s legitimate activities that focused on criticising, denouncing and opposing rights violations and ineffective government positions, policies and actions.

  The various forms of restriction we experienced included arbitrary restrictions and the interruption of demonstrations and meetings; surveillance; threats, intimidation, reprisals and punishments; physical assaults; smear campaigns portraying MBAKITA members as ‘enemies of the state’ and mercenaries serving foreign interests; judicial harassment; exorbitant fines for the purchase of means of transport; burglary of our offices and theft of computer equipment; search and seizure of property; destruction of vehicles; the deprivation of employment and income; and travel bans.

  In addition, 15 activists were arbitrarily detained and ill-treated during the COVID-19 prevention campaign. On 1 May my residence was invaded, and its guards were teargassed. On 16 November, two female activists were raped. Fatalities for the year included three of our activists and one protester.

  What kind of work does MBAKITA do? Why do you think it has been targeted?

  MBAKITA is an organisation that defends and promotes human rights. We work to promote, protect and disseminate universally recognised human rights and freedoms, and especially the rights to the freedoms of association, peaceful assembly and expression, the freedom of the press, the right to self-determination by Indigenous peoples, the rights to land, adequate food, clean water and the environment, and the fight against torture and ill-treatment.

  We challenge violations of the civil, political, economic, social, cultural and environmental rights of Indigenous and migrant people, ethnic and linguistic minorities, LGBTQI+ people and people with disabilities.

  My organisation uses peaceful and non-violent means in its activities. However, we have faced incalculable risks as a result of our human rights work in the southern provinces of Angola.

  MBAKITA has been systematically attacked for several reasons. First, because in 2018 we denounced the death of four children during Operation Transparency, an action against diamond trafficking and undocumented migrants carried out by the Angolan police and armed forces in the municipality of Mavinga, in the Cuando Cubango province. Second, because in 2019 we denounced the diversion of funds intended to support drought victims in Angola’s southern provinces by provincial governments. Third, because in April 2019, two activists of the organisation denounced the illegal appropriation of land by political businesspeople – generals, legislators and governors – in territories belonging to the San and Kuepe Indigenous minorities and used for hunting, fishing and gathering wild fruits, which make up the diet of these groups. Fourth, because in February 2020 MBAKITA denounced the diversion of funds designated for the purchase of biosecurity products for the prevention of COVID-19 and the diversion of food destined for the Basic Food Basket Assistance Programme for Vulnerable Groups. Fifth, because we participated in and conducted an awareness-raising campaign on COVID-19, which included the distribution of biosecurity materials purchased with MISEREOR-Germany funds. And finally, because we participated in all demonstrations held by Angolan civil society, including the most recent one on 9 January 2021, focused on the fight against corruption and the demand for local elections, under the slogan ‘Local elections now, 45 years in power is too long!’ and for the fulfilment of various electoral promises, including those of 500,000 jobs, the reduction of the cost of living for families and the socio-economic inclusion of Indigenous minorities.

  Why were the elections scheduled for 2020 cancelled?

  For one thing, because of the COVID-19 pandemic. But aside from this deadly pandemic, the government was never interested in holding local elections in 2020. The ruling party, the Popular Movement for the Liberation of Angola (MPLA), sees local elections as a threat to central power and fears losing its grip on power. It fears introducing an element of voter control over local government, that is, citizen participation and control over the management of public funds. The government thinks that the people will wake up to the idea of the democratic state and the rule of law, and that many people will become aware of their rights and duties. This would run counter to the MPLA’s intention, which is to perpetuate itself in power.

  The promise of local democracy in Angola has been a failure. Three years into his term in office, President João Lourenço has failed to deliver even 10 per cent of his electoral promises, leaving 90 per cent of Angolans in a state of total scepticism.

  In Angola, the party that has been in power for more than 45 years does not tolerate free people. Today, human rights defenders lose their jobs, are unable to feed their children, lose their careers and even their lives if they dare to be free, to desire democracy and to exercise their freedom.

  What are the prospects that the situation will change in the near future?

  For the situation to change, civil society has a lot of work to do. The most important and urgent actions are acquiring training in individual, institutional and digital security, learning English, obtaining observer status with the African Commission on Human and Peoples’ Rights, observing and participating in demonstrations and other public events, advocating and lobbying for the legalisation of human rights organisations, conducting prison visits, including interviews with prisoners and gathering evidence of torture, ill-treatment and imprisonment conditions, observing trials of activists in the lower courts, fundraising for the sustainability of human rights defenders’ activities, and monitoring the 2021 local elections and the 2022 general elections.

  What kind of support do Angolan activists need from international civil society to be able to continue their work?

  Needs are enormous and varied. Activists urgently need protection and security, including training in risk analysis, security planning and international and regional human rights protection mechanisms, as well as skills in investigating, litigating, documenting, petitioning and reporting human rights violations. Specifically, MBAKITA would like to receive technical assistance to assess what security arrangements could be put in place to increase the physical protection of the organisation’s office and my residence, as well as financial support for the purchase of such arrangements, such as a security system or a video surveillance camera.

  Assaulted activists, and especially the 15 MBAKITA activists who have been direct victims of repression and torture at the hands of government forces, also need post-traumatic psychological assistance. Financial assistance would help us pay the fees of the lawyers who worked for the release of six activists who were imprisoned between August and November 2020. It would also help us replace stolen work equipment, without which our ability to work has been reduced, including two vehicles, computers, memory cards, a digital camera and a camcorder.

  In the case of activists threatened with arbitrary detention, kidnapping or assassination, who have no choice but to leave the country or their region of origin quickly, we need support for transportation and provisional accommodation. Our activists would also benefit from exchanges of experience, knowledge and good practice, opportunities to strengthen their knowledge of digital security, training in journalistic and audio-visual techniques and the acquisition of English language skills.

  Finally, the operation of organisations and their sustainability would be helped by obtaining support for the installation of internet services and the creation of secure websites, the acquisition of financial management software and resources to recruit permanent staff, so that staff members are able to support their families and fully dedicate themselves to the defence of human rights.

  Civic space in Angola is rated ‘repressed’ by thehere.
  Get in touch with MBAKITA through itsFacebook page.