restrictive legislation
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‘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.
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BANGLADESH: ‘The legal vulnerability of LGBTQI+ people leads to harassment and discrimination’
CIVICUS speaks about the state of civic space and the rights of excluded groups in Bangladesh with Shahanur Islam, founder secretary general of JusticeMakers Bangladesh (JMBD) and founder president of JMBD in France.
JMBD isa human rights organisation working against all forms of discrimination and impunity for violence against ethnic, religious, social and sexual minorities and victims of torture, extrajudicial killings, forced disappearance and organised violence, including women and children. It provides legal support to victims and advocates for justice and human rights through research, awareness-raising campaigns and collaboration with various stakeholders,including other civil society groups, government agencies and international organisations.
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Brazil: Anti-terrorism bill a tool to repress fundamental rights and freedoms
- Brazilian authorities are debating a restrictive bill which amends the Anti-terrorism law (2016)
- If passed, the bill will severely impact on the rights of expression, assembly, association and privacy
- Concerns raised by UN Special Rapporteurs about the impact of the bill have largely been ignored
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CIVICUS expresses solidarity with embattled Swazi Civil Society
Johannesburg. 17 November 2010.The Swazi Trade Union Movement is undertaking Global Days of Action on 16 and 17 November to raise awareness and demand for human rights and justice for the people of Swaziland. CIVICUS extends its whole-hearted support to Swazi civil society in this endeavour and remains deeply concerned about the freedom of civil society in the country.
“Swaziland is Africa’s last absolute monarchy and the government’s tight control and frequent crackdowns on opposition parties and pro-democracy movements are unacceptable in today’s world,” said Ingrid Srinath, Secretary General of CIVICUS. “It is high time the government accepts the legitimate aspirations of the people of Swaziland to enjoy democratic rights.”
The space for civil society to freely express, associate and assemble remains constrained in Swaziland. Statements in the press on 19 October by Swazi Prime MinisterBarnabas Sibusiso Dlamini outlined his intentions to propose legislation to force columnists to request prior permission before publishing comments that criticise the government. The Prime Minister stated that columnists write pieces that are harmful to the image of the country and that they receive compensation from foreign sources with interests in Swaziland. The Prime Minister’s statement insinuates that newspaper pieces which are critical of the government will be censored before they are published.
Enactment of such a law will breach freedom of expression guarantees in the International Covenant on Civil and Political Rights and the country’s own Constitution. Moreover, it would repudiate the aims and objectives of the Southern African Development Community (SADC) and the Commonwealth, of which Swaziland is a member.
“CIVICUS remains deeply concerned about the censorship of the press in Swaziland and the frequent government crackdowns on pro-democracy demonstrations organised by civil society groups,” says David Kode, Policy Officer at CIVICUS. “The Swazi security forces have used the Suppression of Terrorism Act, enacted in November 2008, to justify the use of force and intimidation in suppressing dissent, including demonstrations.”
In September 2010, security forces disrupted pro-democracy demonstrations, detaining and releasing some activists without charge and deporting foreign human rights activists and trade unionists in the country to show solidarity with Swazi civil society. The government approved these actions, claiming that intimidation and torture are tools for government use to suppress opposition to the state and those acting on behalf of foreign forces.
CIVICUS urges the Swazi government to respect the rights of the people of Swaziland to express democratic dissent and demand the reform of authoritarian institutions.
CIVICUS: World Alliance for Citizen Participation is a global movement of civil society with members and partners in over a hundred countries. The Civil Society Watch (CSW) Project of CIVICUS tracks threats to civil society freedoms of expression, association and assembly across the world. In 2009, CSW tracked threats to civil society in over 75 countries around the globe.
For more information please contact CIVICUS:
Jessica Hume ( , +27 82 768 0250), Communications Manageror
David Kode (david.kode@civicus,org, +27 73 775 8649), Policy Officer
Office Tel: +27 11 833 5959 -
El Salvador:“Foreign Agents” bill would restrict freedom of expression & association if passed into law
🇸🇻 #ElSalvador
— CIVICUS (@CIVICUSalliance) November 17, 2021
New law on "foreign agents" restricts freedoms of expression and association and gives the executive broad powers to repress civil society and independent media.
📲 https://t.co/lFEaIeOQkf pic.twitter.com/d60dPTSFTDGlobal civil society alliance CIVICUS expresses serious concerns over a ‘Foreign Agents’ bill proposed by the government of El Salvador which would give the executive ample powers to stifle civil society and independent media.
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FIJI: Contempt proceedings over highlighting spelling mistake inject climate of fear
Amnesty International and CIVICUS call on the Fiji government to drop contempt charges against a lawyer in Fiji for the exercise of his right to freedom of expression. On 27 June 2022, Fiji’s Attorney General filed charges for contempt of court against senior lawyer Richard Naidu for highlighting on social media an error in a court judgment where the word ‘injection’ was used instead of ‘injunction’. Amnesty International and CIVICUS believe that the charges are an excessive and politically motivated response to pointing out a spelling error in a court judgment and violate the right to freedom of expression.
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International support for petition to declare Cuba’s Decree-Law 370 unconstitutional
The undersigned organizations and media outlets support the petition presented on June 8 in Cuba before the National Assembly, the State Council, the Supreme Court, the Office of the Attorney General, and the President of the Republic declaring 2019’s Decree-Law 370 unconstitutional (1). The 64 people who signed the petition did so on behalf of the more than 500 Cuban residents and 3,100 Cuban expats and nationals of 83 other countries who signed the “Declaración contra el Decreto Ley 370: Ley Azote,” published on the Avaaz platform (2).
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IRAN: ‘Mahsa Amini’s case was a spark in a flammable situation’
CIVICUS speaks with Sohrab Razaghi, executive director of Volunteer Activists (VA), about the currentwomen-led protests, the state of civil society and the prospects for change in Iran.
VA is an independent civil society organisation (CSO) based in the Netherlands, whose primary aims are building capacity among activists and CSOs, facilitating information exchange among civil society activists, community peacebuilding and advocating for the expansion of democracy and human rights in Iran and more generally in the Middle East. VA is the successor of a pioneer Iranian CSO, the Iranian Civil Society, Training and Research Centre, founded in 2001 and based in Tehran until 2007.
What is the situation of Iranian civil society today?
Civil society in Iran has become weaker over the past few years. Civic activism has grown but organised civil society has become weaker and has been marginalised. Following President Ebrahim Raisi’s ascent to power in 2021, civic space has shrunk dramatically. The establishment and operation of CSOs has been legally obstructed and any CSO not following the policies of Iranian authorities has been eliminated.
Following significantteachers’ protests in May 2022 there was a major crackdown against the Iranian Teachers’ Trade Association and many of its leaders and activists were arrested. This was just one example of many.
The ongoing crackdown follows a predictable sequence: first, the authorities exploit toxic narratives and disseminate false accusations to malign civil society and create internal conflict within civic movements. Then they repress the smaller remaining groups, arresting and detaining their leaders and activists.
The authorities have attacked all institutions and organisations that are the expression of social power, eliminating the possibility of further organising. To fill up the space, they set up fake CSOs organised and led by government officials, often affiliated with the Iranian Revolutionary Guard Corps. These are often local, community-oriented organisations that involve local communities by approaching the mosques and charities that support them.
What made the death of Mahsa Amini a turning point?
Mahsa Amini’s case was a spark in a flammable situation. She was a young member of an ethnic minority who was visiting Tehran, was violently arrested by the morality police and died under custody. All these elements together made her case relatable for many Iranians. She was only 22 years old, a woman, a member of an ethnic minority and a Sunni Muslim, which is a religious minority in Iran. Many Iranians identify with at least one and possibly many of these elements of Mahsa’s identity and resent the policies aimed at suppressing them. As a result, large groups that feel discriminated against and suppressed mobilised.
This happened in a context of high poverty and repression, with a government that acts with impunity because it knows it won’t be held accountable. For years, instead of trying to meet the needs of their citizens, the authorities have cracked down on all sorts of protests. With Raisi coming to power, any hope for change was gone.
In what ways have these protests been different from previous ones?
The current protests are very different from previous ones, including recent protests that took place in2017 and2019. First, protesters are mostly between 15 and 25 years old. This is possibly their first engagement in a civic movement. They have grown up in the digital world and are using in the real world what they learned playing video games – only that in the real world, there is no respawning! So many are getting killed.
Second, protesters are primarily women and students. And some of their acts of protest, such as female protesters burning headscarves and cutting their hair, are unprecedented. Their demands are also different from those of previous civic movements. Whereas in 2017 and 2019 demands were mostly economic, now they are cultural: their main demand is for freedom to lead a different lifestyle than the authorities allow them to have. The shout ‘Women, Life, Liberty’ has become a protest cry and a slogan of solidarity both inside Iran and internationally.
Third, support from Iranians in the diaspora and media coverage have both drastically increased. This time the events have received major media coverage since the outset, with the protests on front pages all over the world. For the first time, on 23 October, 80,000 Iranians from the diaspora gathered in Berlin to support protesters and demonstrate against the Iranian regime. This support is unprecedented.
Finally, public discourse about the protests has shifted. In the past, dominant discourse highlighted the non-violent character of the protests, but this time there have been calls for retaliation and to use violence to defend the protests. Violence is no longer taboo: some elites and influencers inside and outside Iran are advocating for it. This is extremely concerning, considering that it may legitimise violence by the Iranian authorities, which could resort to even more violence in response.
How has the government cracked down on the protests, and why have protests continued regardless?
The government has used multiple tactics. First, it deploys riot police and security forces that use violence to physically prevent and dissolve protests. As a result, over 7,000 protesters have been arrested, many have been beaten and over 200 have been killed. Second, it has restricted internet access for over four weeks now, limiting the free exchange of information while increasing the circulation of disinformation and official propaganda. Third, it has used the same narrative tactics it normally uses against civil society, linking the protests to foreign intelligence forces.
The government’s reaction has been as repressive as towards previous movements. However, these protesters are more resilient, so the crackdown has not been as effective as previous ones. Two sources of this resilience are decentralisation and spontaneity: protests are held locally rather than in a central place, and they are not centrally organised – they are organised by small groups and happen rather spontaneously during the day or night at random hours, with protesters quickly dispersing afterwards.
Additionally, the fact that there are so many children and young students among protesters has somewhat limited the violence. Many children and adolescents have been killed, but the death toll would likely have been much higher had they not been among protesters. And many of these young people are students, therefore part of the middle class – which means there is a cultural middle class that continues to support the protests.
What is the likelihood of these protests leading to change?
We can identify five possible scenarios – and only one of them leads to regime change.
In the first scenario, the crackdown succeeds and protests end. This would result in widespread hopelessness and disappointment.
In the second, the authorities make concessions and the mandatory hijab rules are repealed. This would lead to the recognition of some limited freedoms, but not to regime change.
In the third, neither the authorities nor the protesters prevail, leading to continuing violence and bloody conflict. Protesters go into an armed offensive and the situation escalates into a civil war-like situation.
In the fourth, military groups seize power and suppress both protesters and established authorities to pursue their own goals.
In the fifth scenario, mass mobilisation leads to regime change.
What happens will depend on the capacity of protesters – the resources they can gather, the groups they can bring together, the leadership they build and the collective narrative they produce out of compelling personal stories – and international influences and pressures.
In the current situation, scenarios one to three are the most likely. The movement has not entered a revolutionary stage. There are not massive gaps in the regime – neither in its repressive machinery nor in its will to crack down on protests. And the protests have not been massive nor widely representative of the make-up of society. We have not seen hundreds of thousands or even tens of thousands on the streets, and we have not seen protests by various ethnic or religious minorities, and by different social classes. Strikes are typically the heart of social movement action in Iran, and we have not yet seen strikes by major branches and sectors of the economy.
What can women’s rights supporters and democracy activists from around the world do to support civil society in Iran?
International civil society as a collective should be more vocal. We need a unified collective of civil society echoing the voices of Iranian activists and advocates for democracy and human rights in Iran. In addition, actions of solidarity are needed as well as networks to exchange knowledge, experience and skills so Iranian activists can learn from civic movements internationally and be more effective.
Regarding the immediate response, there are various needs, such as juvenile justice support, including legal support, wellbeing and mental health support, as well as training and awareness raising on civic activism in Iran.
The main goal should be to support Iranian protesters and activists so their voice is heard and the crackdown does not succeed, while supporting the victims of the crackdown. International pressure is instrumental, not only from governments but also from civil society as a change leader. A close connection between international civil society, Iranian activists in diaspora, Iranian civil society and the media is also essential.
Civic space in Iran is rated ‘closed’ by theCIVICUS Monitor.
Get in touch with Volunteer Activists through itswebsite.
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IRAN: ‘Mahsa’s death highlights the struggle women must face just to go about their daily lives’
CIVICUS speaks with Kylie Moore-Gilbert about thecurrent women-led protests in Iran, sparked by Mahsa Amini’s death in the custody of the so-called ‘morality police’.
Kylie is a British-Australian women’s rights advocate and academic specialising in Islamic studies. She has extensively researched political issues in the Middle East, including the ‘Arab Spring’. In 2018 she was falsely charged with espionage and remained in prison in Iran for more than two years before being released in a prisoner exchange deal negotiated by the Australian government. She speaks about this experience in a recently published book,The Uncaged Sky: My 804 days in an Iranian prison.
What are the demands of the protesters currently mobilised in Iran?
In contrast to previous outbreaks of protest and civil unrest in Iran, from the very first day the current protesters adopted slogans calling for the fall of the Islamic Republic regime. Their slogans include ‘Death to Khamenei’, the Supreme Leader, ‘Down with the dictator’ and ‘No to the Islamic Republic’.
While the trigger for the unrest was the senseless death of Mahsa Amini at the hands of the morality police, the issue of forced hijab and the harassment of women by regime officials due to their clothing and behaviour has become a symbol of the protesters’ desire to remove this regime altogether. Protesters are demanding freedom, equality between women and men and an end to the tyranny imposed on them by Iran’s regime of ageing clerics.
The protests are happening countrywide and have involved Persian and ethnic-minority communities, irrespective of language, religion or class. To further their demands, protesters are using overwhelmingly peaceful tactics, such as rallies and marches, organised hijab-burnings and hair-cuttings, and general strikes.
How have the authorities responded to the protests so far?
The protests have faced a rolling crackdown since their inception. Many protesters, including several young teenagers, have been shot dead in the streets by security forces. Thousands have been rounded up and arrested. Sharif University of Technology was besieged for several days, with its students rounded up, beaten and imprisoned.
The regime has cut off internet access to most of the country in a bid to contain protests. This is why it is so important for the international community to keep up the pressure on Iran and continue to shine a light on its human rights abuses. It must help prevent a massacre of innocent protesters and hold the regime to account for its crimes.
Has Amini’s case helped reveal underlying women’s rights issues?
Yes, most definitely. One reason why Amini’s arrest and murder touched such a nerve in Iran is that nearly all Iranian women, and many men too, have had similar encounters with the morality police at some point in their lives. What happened to Mahsa could have happened to any one of them.
Mahsa’s death highlights the struggle women in Iran must face just to go about their daily lives. Women are routinely harassed in public by regime officials and pro-regime sympathisers for ‘bad hijab’ and are even banned from singing and dancing, hugging or touching men who are not their relatives, among too many other things. Many Iranian women are tired of the constant policing of their appearance and behaviour. They want to be free to get on with their lives as they see fit.
What needs to change for women’s rights to gain recognition in Iran?
For women’s rights to be recognised, the regime would have to change. I do not believe the Iranian government is capable of reforming itself. Forced hijab and discriminatory laws against women are a core pillar of the regime’s ideology. If it granted women equal rights, it would cease to exist.
My hope is that the protests will make a difference well beyond women’s rights. As the protests are now entering their third week, my hope is that they will eventually lead to the downfall of the regime altogether. Iranians deserve a democratic government that respects gender equality and freedom of speech and is truly representative of the will of the people.
What kind of assistance does Iranian civil society need from the international community?
Iranian civil society desperately needs its voices to be amplified internationally and for attention to continue to be focused on what is happening inside Iran. The full glare of international media and foreign governments will act as something of a brake on the worst excesses of the regime’s crackdown.
The international community could also assist in trying to keep Iran’s internet functioning, so protesters can communicate with one another and get news, photos and videos out of Iran so the world knows what is happening there.
Foreign governments could also impose sanctions on Iranian officials responsible for the crackdown and other human rights abuses, and should cease all negotiations with Iran over sanctions relief and unfreezing Iranian assets abroad.
Civic space in Iran is rated ‘closed’ by theCIVICUS Monitor.
Follow @KMooreGilbert on Twitter.
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LITHUANIA: ‘Civil society must humanise the public narrative around irregular migration’
CIVICUS speaks about a new law enabling pushbacks of asylum seekers at the Belarus-Lithuania border withMėta Adutavičiūtė, head of Advocacy at the Human Rights Monitoring Institute (HRMI).
Established in 2003, HRMI is a Lithuanian human rights civil society organisation (CSO) thatadvocates for national laws and policies consistent with the state’s international human rights obligations and works to ensure the effective enjoyment of human rights.
What are the main points of the new legislation allowing for the pushback of asylum seekers?
The amended Law on State Border and its Protection, passed in April 2023, recognises and enables the practice that began in August 2021 of discouraging people from attempting to cross the border at non-designated places and returning them to Belarus once they have crossed the border into Lithuanian territory.
The amended law provides legal ground for pushbacks without the need to declare a state of emergency. Now pushbacks can be carried out on the government’s decision any time it considers there is an extraordinary situation caused by a ‘mass influx of aliens’. A novelty introduced by the law are the civilian volunteer units to support border guards. Both are allowed, under certain circumstances, to use coercive measures. The State Border Guard Service has recently announced a call for this volunteer service.
What are the issues around pushbacks?
According to both Lithuanian and international refugee law, unlawful entry should not be penalised when a person is eligible to request asylum in a country. However, pushbacks are being carried out with regard to people who might have genuine grounds for asylum, such as those coming from Afghanistan and Syria.
Under the amended law, the State Border Guard Service should perform an individualised assessment to determine whether a person is fleeing persecution and is in fact a refugee as defined in the 1951 Refugee Convention. However, the procedure for such an assessment hasn’t yet been established, and there are good reasons to doubt that border guards can carry out an assessment properly. In our opinion, the decision on whether a person has grounds to request protection should be made by the migration department, while state border officers should only find out whether a person intends to seek asylum and register asylum applications.
Our preliminary assessment is that although the provisions of the law shouldn’t apply to people fleeing military aggression, armed conflict or persecution or trying to enter Lithuania for humanitarian reasons, people continue to be pushed back without an individualised assessment of their circumstances and without any human rights safeguards being applied.
How has HRMI advocated against the new law?
HRMI submitted comments to the draft law and alternative proposals, urging lawmakers to refrain from legalising pushback practices and instead ensure access to asylum procedures for all people irrespective of their means of entry.
We also continue advocating for the rights of migrants and asylum seekers by raising public awareness on the current disturbing situation.
Our next steps are to closely monitor the implementation of the new legislation and prepare a comprehensive report based on interviews with asylum seekers. Meanwhile, our colleagues and volunteers from Sienos Grupė provide humanitarian aid to migrants and asylum seekers stuck at the border.
Additionally, HRMI has a strategic litigation programme that includes 17 cases. The purpose of this programme is to seek justice for asylum applicants and call for judicial review of the most pressing legal issues in the Lithuanian migration and asylum system.
What obstacles does Lithuanian civil society working on migration face?
Even though there are no legal restrictions on the work of CSOs helping migrants and refugees, one of our largest challenges is that the public generally approves of restrictive government policies and practices and only a minority support a human rights-based approach in managing increased irregular migration. The government’s strategy of deterrence, constantly picturing migrants and asylum seekers as a threat, has largely influenced the public. Opinion polls conducted in 2021 indicated growing negative attitudes towards migrants and refugees. This is why civil society’s advocacy efforts must focus not only on laws and policies, but also on humanising the public narrative around irregular migration.
Moreover, lack of information makes it difficult for CSOs to assess the full implications of this law for asylum seekers. Official statistics only include the people who were pushed back on specific days, and there are no statistics available of people who were let in and provided with the opportunity to lodge asylum applications. We also don’t have access to demographic data such as countries of origin, gender, age and other individual characteristics that could allow us to identify the specific vulnerabilities of people who were pushed back.
How has the international community reacted to the new policy?
Many international organisations and media outlets immediately contacted us seeking information and requesting our assessment of the situation. A strong statement came from the Human Rights Commissioner of the Council of Europe, Dunja Mijatović, who called on the Lithuanian parliament to reject the amendments and ensure that the legislative process is guided by human rights standards with a robust, human rights-compliant and protection-oriented legal framework. The law was also criticised by the United Nations High Commissioner for Refugees. In contrast, the reaction from the European Union has been lacking.
Overall, however, we are grateful for the crucial international support we have received in our advocacy efforts, as well as for legal advice provided by our allies. It is very important they remain engaged and continue monitoring the developments on the border.
Civic space in Lithuania is rated ‘open’ by theCIVICUS Monitor.
Get in touch with HRMI through itswebsite or itsFacebook page.
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PHILIPPINES: ‘This victory belongs to everyone who supported and fought with us’
CIVICUS speaks about the recent acquittal of 10 human rights defenders in the Philippines with Maria Sol Taule, a human rights lawyer and member of the Karapatan Alliance for the Advancement of People’s Rights.
Founded in 1995, Karapatan is a national alliance of civil society organisations (CSOs) and activists working for the promotion and protection of human rights in the Philippines. It documents and denounces extrajudicial killings, enforced disappearances, arbitrary imprisonment and militarisation, helps organise mass actions to expose human rights violations and challenge the prevailing culture of impunity, and monitors peace negotiations between the government and the insurgent National Democratic Front of the Philippines. Karapatan has recently provided legal counsel to criminalised human rights defenders and campaigned for their acquittal, including through online campaigns such as #TogetherWeDefend and #DefendTheDefenders.
What were the accusations brought against the 10 human rights defenders who were recently acquitted?
The 10 human rights defenders were charged with perjury, but on 9 January 2023, after three years of court trial, the Quezon City Metropolitan Trial Court Branch 139 acquitted them on grounds that the prosecution had failed to prove that the officers of Gabriela, Karapatan and Rural Missionaries of the Philippines (RMP) – had ‘wilfully or deliberately asserted a falsehood’.
The origins of the case date back to May 2019, when Sr. Elenita Belardo, RGS of the RMP; Elisa Tita Lubi, Cristina Palabay, Roneo Clamor, Wilfredo Ruazol, Edita Birgos, Gabriela Krista Dalena and Jose Mari Callueng, all from Karapatan; and Joan May Salvador and Gertrudes Libang of Gabriela jointly filed a petition for Writ of Amparo and Habeas Data before the Supreme Court of the Philippines in response to relentless red-tagging – the labelling of activists, human rights defenders and CSOs critical of government policies and actions as linked to communist insurgent groups, leading to accusations of being destabilisers and enemies of the state – and other attacks against CSOs and their members.
The respondents in the petition included former President Rodrigo Duterte, other high-ranking officials from the police and military, including former National Security Adviser Hermogenes Esperon Jr., and officers of the National Task Force to End Local Communist Armed Conflict (NTF-ELCAC).
The case was remanded to the Court of Appeals, which dismissed it in June 2019. According to the Court of Appeals, the petition did not conform with the requirements of the rules on the Writs of Amparo and Habeas Data. The Court also said that the allegations in the petition and documents submitted did not fulfil the evidentiary standard to establish that the petitioners’ right to life, liberty, security and privacy were violated or threatened with violation by the respondents.
Shortly after the petition was dismissed, one of them, former National Security Adviser General Hermogenes Esperon Jr., filed a retaliatory suit of perjury against the petitioners. He filed it before the Quezon City Office of the City Prosecutor.
Esperon alleged that the original petition had indicated that the RMP was a corporation registered with the Securities and Exchange Commission (SEC), when in fact its registration had been revoked. Esperon implicated Gabriela and Karapatan because the petition had been jointly filed by the three organisations.
In their defence, Gabriela and Karapatan said that they could only attest to facts and circumstances pertaining to themselves, as evidenced by the separate verifications attached to the petition, while RMP said that the mention of its status as being registered corporation had been made in good faith: RMP first heard that its registration had been revoked when Esperon filed the case, as it had not received any notification from the SEC and had consistently filed its annual reports with it.
The case was initially dismissed at the prosecution level, but Esperon filed a motion for reconsideration, which was granted. It was later filed in court and became a full-blown trial.
How did civil society advocate for the 10 human rights defenders’ acquittal?
From the time we received a subpoena informing us of the perjury charges against officers of the three organisations, we knew that this was a malicious and retaliatory suit resulting from our filing of a petition for Writ of Amparo and Habeas Data before the Supreme Court.
Human rights defenders were being attacked once again. So we knew that apart from a good legal defence, we needed to build a solid support coalition among civil society in the Philippines and abroad. We launched a campaign around the hashtags #TogetherWeDefend and #DefendTheDefenders and lobbied with our allies and networks in the Philippines. We also lobbied with the diplomatic community in the Philippines through trial observations and gathered the support and solidarity of international CSOs to back our call for their acquittal. So this victory belongs to everyone who supported and fought with us.
What is the context currently like for Filipino civil society?
The situation has steadily worsened following the results of the presidential election held in May 2022, which was won by an alliance of two authoritarian dynasties: the son of former dictator Ferdinand Marcos was elected president, and Sara Duterte, daughter of Rodrigo Duterte, was elected vice-president.
The 2020 Anti-Terrorism Law passed under Duterte is being intensely used against activists. Dozens of petitions were filed before the Supreme Court challenging the law’s constitutionality, but the Court ruled most of its provisions to be constitutional. Activists are illegally arrested, abducted, tortured and even killed, and nobody is prosecuted for these gruesome crimes. The NTF-ELCAC continues to vilify and red-tag human rights defenders. Many are also facing trumped-up criminal charges. More than 800 political prisoners are currently languishing in various jails in the Philippines.
Civic space in the Philippines is rated ‘repressed’by theCIVICUS Monitor.
Get in touch with Karapatan through itswebsite or itsFacebook page, and follow@karapatan and@soltaule on Twitter.
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Thai government fails to accept recommendations to repeal restrictive laws at UN periodic review
Human rights groups CIVICUS: World Alliance for Citizen Participation and the Asia Democracy Network (ADN) are disappointed by the Thai government’s failure to accept recommendations to repeal restrictive laws as recommended by members states of the UN Human Right Council, despite making commitments to civic freedoms. These actions highlight the inconsistent approach of the government to human rights that is undermining its credibility.