civil society

• GREECE: ‘We need a change in narratives as well as in policies towards migration’

  CIVICUS speaks about the situation of migrants and refugees in Greece and the role of civil society in policymaking with Lefteris Papagiannakis, Head of Advocacy, Policy and Research atSolidarity Now and former Vice Mayor on Migrant and Refugee Affairs for the Municipality of Athens. Solidarity Now is a civil society organisation (CSO) that works with vulnerable groups, with a focus on migrants and refugee communities in Greece in order to help them achieve dignity and a better future.

• Groundbreaking tool tracking civic freedoms worldwide to launch 24.10.2016

  French | Spanish

  The CIVICUS Monitor is a new global platform tracking violations of freedoms of assembly, association and expression in real-time.

  Johannesburg, 18 October 2016 - In light of widespread global restrictions on civil society, CIVICUS is launching a new tool to measure the freedoms that people around the world have to protest, organise and speak out. The tool will go online at 00.01 Central Africa Time (CAT) on 24 October 2016 (UN World Development Information Day).

  The CIVICUS Monitor will rate country respect for civic space in five broad categories from Closed to Open, based on how well they uphold the three fundamental rights that allow citizens to come together and demand change: freedom of association, freedom of peaceful assembly, and freedom of expression. In addition to the 104 country ratings available on launch day, the latest updates on civic space will be available for most countries in the world.

  CIVICUS will also be releasing numbers on which types of violations were most common and the driving forces behind them, based on analysis of more than 200 national-level updates on civic freedoms gathered over the past four months (June – October 2016).

  By signing up to the Sustainable Development Goals last year, world leaders agreed that people must be able to take part in making the decisions that affect their lives, and to ensure access to information (Goal 16). The CIVICUS Monitor will show how the key civic freedoms that should allow for this are coming under sustained assault.

  Ratings are based on a combination of inputs from local civil society advocates, regionally-based research partners and civil society experts, existing assessments, user-generated input and media-monitoring. Local views are prioritised and all users are invited to contribute information on the situation in their countries. The number of countries rated by the CIVICUS Monitor will increase over time and news updates will be added each weekday.

  CIVICUS Monitor

  Launching online at https://monitor.civicus.org/

  00.01 Central Africa Time (CAT), 24 October 2016

  Notes to editors: 

  For advance access to the CIVICUS Monitor web platform under embargo or to set up an interview, please contact CIVICUS’ global press office on . Interviews can be arranged in advance with CIVICUS Secretary General Danny Sriskandarajah and CIVICUS Monitor Researcher Cathal Gilbert, as well as regional researchers.

  A one-minute video explainer on civic space and the CIVICUS Monitor is available here.

  CIVICUS is a global alliance of civil society organisations and activists dedicated to strengthening citizen action and civil society around the world.

  www.civicus.org 

  www.twitter.com/CIVICUSalliance 

  www.facebook.com/CIVICUS 

   

• GUATEMALA: ‘Anti-rights groups seek to maintain the privileges of some at the expense of the rights of others’

  CIVICUS speaks with the team of Visibles about recent anti-rights developments in Guatemala.

  Founded in 2017, Visibles is a Guatemalan organisation that works to achieve the full inclusion of diverse people and build a society where all people can exercise their rights and enjoy respect, freedom and wellbeing.

  The draft Law for the Protection of Life and the Family had been shelved for several years. Why was it finally approved now?

  Bill 5272, passed by the Guatemalan Congress as Decree 18-2022, increased penalties for abortion to a minimum of five years in prison and banned same-sex marriage and the teaching of sexual diversity in schools.

  It had been submitted on 26 April 2017 by a representative of the conservative party Visión con Valores (‘Vision with Values’). After obtaining a favourable opinion from the Committee on Legislation and Constitutional Affairs, the full Congress discussed and approved it on its first two readings in 2018.

  But to pass a law in Guatemala, it is necessary to gather the support of a certain number of lawmakers before submitting it to a vote on the floor. This did not happen until 2022, when the ruling alliance and the political and economic groups that support them made it one of their priorities to promote this conservative agenda.

  The current president of Congress, Shirley Rivera, came to this position after a very limited career, focused solely on proposing laws that stigmatise the transgender population and seek to grant greater freedoms to churches, particularly in the way they report on their finances.

  In March, in a sort of counterbalance to the traditional celebration of International Women’s Day, a day of feminist mobilisation, Congress declared a National Day of Commemoration of Life and Family and approved this regressive initiative. From its various branches, the state promoted a number of communication actions and events involving national and international groups linked to the anti-gender movement, aimed at promoting the defence of life from the moment of conception and a traditional, narrow and exclusionary definition of the family – that is, a broad cause that seeks to restrict the autonomy and freedoms of women and LGBTQI+ people.

  On the same date, Congress passed Decree 18-2022, and by an overwhelming majority: only eight out of 160 legislators voted against it, while 52 abstained. 

  Do you see this move as part of a broader regional anti-rights trend?

  It definitely is. Anti-rights groups in Guatemala are part of a highly organised and well-funded transnational movement that aims to undermine the rights of women and LGBTQI+ people, as well as the broader participation of civil society in public debate and decision-making.

  The passing of Decree 18-2022 was not a reaction against the very limited progress made in recent years in the recognition of sexual and gender diversity and women’s rights. It served to reinforce social hierarchies that benefit the powerful and maintain or even increase their power.

  Women and LGBTQI+ people are easy targets. The attacks against us reflect a resistance to the social transformations we seek: to unleash the talents and potential of more than half the population.

  The feminist, women’s, and diversity movements represent some of the obstacles facing this project of power and control, but they are not the only ones. Another obstacle arises from the fact that thanks to increased access to technology, social discontent has grown and voices have risen demanding accountability. There are growing demands for urgent action to transform the economy to ensure that it serves to create better opportunities for all individuals and families, as well as growing attention on issues such as climate change and the preservation of the environment and of the lives of those resisting transnational extractivism.

  How did civil society organise in the face of this anti-rights attack?

  In Guatemala, there are numerous organisations – women’s, Indigenous peoples’, youth, sexual and gender diversity, student and religious organisations – that have organised to resist the advances of this regressive agenda. After spaces for the fight against corruption shut down, following the dissolution of the International Commission against Impunity in Guatemala in September 2019, one of the main developments that took place was the criminalisation of those who had promoted it, from human rights defenders to prosecutors and judges who had worked within state institutions.

  This closure of spaces prompted the search for new ideas and routes to advance the construction of justice. Now, resistance to the entry into force of Decree 18-2022 has shown us the way.

  The state of Guatemala has actively and systematically collaborated to create a narrative hostile to the rights of women and LGBTQI+ people. And it has done so in a very hypocritical way, as it has promoted public policies that invoke the protection of life and family while at the same time demonstrating a complete lack of commitment to improving the conditions in which Guatemalan individuals and families live. This incoherence becomes an insult when a law is passed that, by criminalising women and LGBTQI+ people, endangers more than half of the population.

  On the same day that Decree 18-2022 was passed, protests began. Street pressure was novel and important: it showed that organisations can work in a coalition and that people are willing to join in and look out for the welfare of all.

  Mobilisation raised the cost the government would pay if it validated the congressional decision. The administration led by President Alejandro Giammattei was already unpopular and facing a growing number of demands for accountability – from journalistic investigations revealing the misuse of power and allegations of corruption to international sanctions against key officials. In this context, President Giammattei threatened to veto the law on the grounds that it violated Guatemala’s constitution and international agreements Guatemala has made, and Congress reacted by reversing and shelving the law.

  How is Visibles working to improve the situation of LGBTQI+ people in Guatemala?

  Visibles works to change people’s ideas, attitudes and behaviours towards LGBTQI+ people and their rights through research, training, proactive communication, and advocacy efforts. We believe that our long-term vision – that of a society that is fully inclusive of diverse people, ensuring that we all enjoy respect, freedom, and wellbeing and can exercise all of our rights – is only achievable if we start by having one-to-one conversations with families, friends, and people within our spheres of action so that we can move together from a position of prejudice to one of acceptance.

  The experience of collective resistance in the face of anti-rights advances united inspired and engaged us further. Resistance against a tangible policy that seeks control over our bodies and our lives as women and LGBTQI+ people challenged us much more directly than a distant and abstract notion of access to justice. Today we are driven by the collective construction of a gender justice project that enshrines the right of all people to live with dignity. We hope that these new practices and transformative goals will revitalise the human rights movement.

  What international support does civil society defending the human rights of LGBTQI+ people in Guatemala need?

  The approval of – and subsequent U-turn over – Decree 18-2022 gave us a taste of the real power the state has over women and LGBTQI+ people in Guatemala. The risk does not disappear because the law has been shelved, but this may hopefully have the effect of sending a wake-up call to the international community.

  It is important that they turn their attention, support and resources to Guatemala, whose anti-rights forces are part of a regional advance guard. We cannot lower our guard and allow anti-gender movements to advance their goal of sustaining and consolidating unjust structures of unequal power in which some maintain their privileges at the expense of the basic rights of others.

  Civic space in Guatemala is rated ‘obstructed’ by theCIVICUS Monitor.
  Get in touch with Visibles through itswebsite or itsFacebook andInstagram pages, and follow@visiblesgt on Twitter. 

• GUATEMALA: ‘Disregard for the will of the people expressed at the ballot box is the greatest possible insult to democracy’

  CIVICUS speaks with Jorge Santos, General Coordinator of the Guatemalan Human Rights Defenders Protection Unit (UDEFEGUA), about the imminent inauguration of a new president, which comes after 100 days of mobilisation to demand respect for the election results.

  Founded in 2000, UDEFEGUA is a civil society organisation dedicated to documenting, verifying and recording attacks against human rights defenders in Guatemala.

   

  What was the significance of the election of Bernardo Arévalo as president, and what’s the reason for the enormous resistance he has faced?

  29 December 2023 marked 27 years since the signing of the peace accords that put an end to 36 years of internal armed conflict in Guatemala. That conflict claimed more than 200,000 direct victims and left deep scars on Guatemalan society. The peace accords established a structural transformation agenda to tackle the root causes of the conflict. Instead, the last three governments – and particularly that of current president Alejandro Giammattei – have done nothing but produce a severe authoritarian regression.

  The presidential elections held in June and August 2023 were meant to consolidate this authoritarian regression and to finish burying the peace and democracy-building agenda.

  More than 20 parties competed in the first round of the presidential election, most of them located on the right and far right and identified with the groups that have captured the state, closely linked to economic, political and military elites and organised crime.

  The mere fact that the election took place was a milestone. That the winning candidate had clear democratic and progressive views made it all the more remarkable. Bernardo Arévalo’s victory represents society’s repudiation of the corrupt political elite. We were at a historic crossroads, between an authoritarian past and a possible future in which we could build a democratic state.

  This explains the enormous resistance the president-elect has faced. Bernardo is the son of former president Juan José Arévalo, the first popularly elected president following the October 1944 revolution and the architect of what was called the democratic spring of those years. His legacy is still very much alive: it was then that the right to vote was extended to women, the labour code was passed and the Guatemalan Social Security Institute was established. In other words, it led to the transformation of the state.

  It’s been 79 years that we have been dominated by particular groups interested in maintaining the privileges of a small segment of the population. They would obviously resist a government like Arévalo’s coming to power. However, although very powerful, these groups are in the minority and at last it seems that they are beginning to lose the privileges they have always enjoyed.

  How has democracy in Guatemala been at risk?

  Recent governments have completely bypassed legality. The outgoing government practically broke the rule of law. One indicator of this, which we have identified as part of the overall context of aggression against human rights defenders, is the violation of the republican principle of the separation of powers. The three branches of the Guatemalan state – executive, legislative and judicial – have been captured by mafia elites.

  Repeated attempts to violate the popular will expressed at the ballot box only aggravated the situation. The Public Prosecutor’s Office and the Attorney General’s Office have pressured the Supreme Electoral Tribunal to reverse the election results, carrying out four illegal and arbitrary raids against the Tribunal.

  It is important to note that national and international election observation missions, including from the Organization of American States and the European Union, corroborated the transparency of the process and stated that the allegations of fraud were unfounded.

  Disregard for the will of the people expressed at the ballot box is the greatest possible insult to democracy. In the face of this, people have mobilised. Starting on 2 October, a national strike was called for an indefinite period of time to demand respect for the will of the people. 9 January marked the 100th day of peaceful resistance, led by Indigenous peoples, in defence of democracy.

  What was new about these protests?

  The protests called by the ancestral authorities of Indigenous peoples have been joined by numerous spontaneous expressions of citizen mobilisation. In the past, the urban and mestizo – mixed ancestry – middle classes opposed mobilisation by Indigenous peoples. This time, however, the protests led by Indigenous peoples have been supported and legitimised by broad segments of society. This broke with a long tradition of prejudice and racial discrimination by urban and mestizo society towards Indigenous peoples, and resulted in massive and widespread demonstrations throughout the country.

  The protests succeeded in bringing together the 23 peoples that make up Guatemala. Broad segments of society carried out road blockades at the country’s main transit points. Passage of vehicles transporting food or providing medical services was not obstructed, as protesters cleared the way for them.

  The blockades were an unprecedented demonstration of citizen joy. People rediscovered and recovered public spaces, danced on blocked streets and organised football games, yoga and chess classes on occupied spaces.

  A key characteristic of the protests was their peaceful character. In the face of provocations by external forces and the national police, people responded with non-violent actions. For 100 days they held a rally in front of the headquarters of the Public Prosecutor’s Office. The protesters did not leave their place and continued to demand the resignation of the attorney general, Consuelo Porras Argueta, for her repeated attempts to annul Bernardo Arévalo’s presidential victory.

  What should be the new government’s priorities?

  The Seed Movement – Arévalo’s party – faces important challenges. Although it will control the executive branch, the legislative branch remains highly captured by mafias. Out of 160 parliamentarians, around 130 belong to groups that make up what is popularly known in Guatemala as the ‘corrupt pact‘. The same is true of the justice system.

  Bernardo Arévalo faces the enormous challenge of rebuilding public institutions. Corruption and impunity have reached such levels that services as essential as obtaining an identity card have become an ordeal. Infrastructure must be rebuilt so that people can access essential services such as health and education free of charge. The long list of human rights violations experienced by the Guatemalan people must stop.

  Another major challenge is to generate a systematic and permanent process of dialogue with civil society. In particular, Indigenous peoples, historically excluded, their rights violated by the Guatemalan state, must be recognised as key political subjects.

  The government of the Seed Movement will have only four years to address these challenges. We hope that its mandate will be part of a transition that will usher in a long period of governments that respond to the interests of the majority of the population.

  What improvements in the situation of human rights defenders can be expected following the change of government?

  In 2014, the Inter-American Court of Human Rights ruled in the case Human Rights Defender against the State of Guatemala, initiated following the murder of a human rights defender in 2004. Our request to the Court was to include as a reparation measure the introduction of a public policy for the protection of human rights defenders. The Court accepted this request and included it in its ruling, imposing five parameters for the design of such a policy.

  But efforts to develop this policy were truncated and there is only a draft document to date. It will therefore be a key responsibility of the new government to complete this process and commit itself to approving the policy and providing the resources required for its implementation.

  Another of its responsibilities in this area will be to push forward a legislative agenda to dismantle all the criminalising legislation passed in recent years. This process must go hand in hand with an activation of the institutions in charge of ensuring the state’s compliance with its human rights obligations.

  How can the international community support the strengthening of democracy in Guatemala?

  The risk of a break with the constitution remains. The new government will have to confront one of the continent’s most conservative and backward oligarchies, responsible for the crime of genocide. Stripping these groups of their privileges will be no easy task.

  Continued support and vigilance by the international community will be extremely necessary. Crucial forms of support would include the sharing of information and best practices, denouncing of human rights violations and provision of technical assistance.

  On 14 January, the date of the presidential inauguration, a period of democratic transition begins that promises to leave corruption and lawlessness behind. Both the new government and Guatemalan civil society will need all the support they can get in order to achieve this.

  ---

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

  Get in touch with UDEFEGUA through itswebsite or itsFacebook andInstagram pages, and follow@UDEFEGUA and@JorgeASantos197 on Twitter.

• GUINEA: ‘The democratic future of the region is at stake in our country’

  CIVICUS speaks about the lack of progress in the transition to democracy in Guinea since its 2021 military coup with Abdoulaye Oumou Sow, head of communications for the National Front for the Defence of the Constitution (FNDC).

  The FNDC is a coalition of Guinean civil society organisations and opposition parties founded in April 2019 to protest against former President Alpha Condé’s proposed constitutional change to seek a third term. The coalition continued to fight for a return to constitutional rule after the September 2021 military coup. On 8 August 2022, the transitional governmentdecreed its dissolution, accusing it of organising armed public demonstrations, using violence and inciting hatred.

  

  Why is there a delay in calling elections to restore constitutional order?

  The National Committee of Reconciliation and Development (CNRD), the junta in power since September 2021, is more interested in seizing power than organising elections. It is doing everything possible to restrict civic space and silence any dissenting voices that try to protest and remind them that the priority of a transition must be the return to constitutional order. It is imprisoning leaders and members of civil society and the political opposition for mobilising to demand elections, and has just ordered the dissolution of the FNDC under false accusations of organising armed demonstrations on the streets and acting as a combat group or private militia.

  What are the conditions set by the military and how has the democratic opposition reacted?

  In violation of Article 77 of the Transitional Charter, which provides for the duration of the transition to be determined by agreement between the CNRD and the country’s main social and political actors, the military junta has unilaterally set a duration of 36 months without listening to the opinion of social and political forces. The junta is currently set on not listening to anyone.

  The military are savagely repressing citizens who are mobilising for democracy and demanding the opening of a frank dialogue between the country’s social and political forces and the CNRD to agree on a reasonable timeframe for the return to constitutional order. Lacking the will to let go of power, the head of the junta is wallowing in arrogance and contempt. His attitude is reminiscent of the heyday of the dictatorship of the deposed regime of Alpha Condé.

  What has been the public reaction?

  Most socio-political forces currently feel excluded from the transition process and there have been demonstrations for the restoration of democracy.

  But the junta runs the country like a military camp. Starting on 13 May 2002, a CNRD communiqué has banned all demonstrations on public spaces. This decision is contrary to Article 8 of the Transitional Charter, which protects fundamental freedoms. Human rights violations have subsequently multiplied. Civic space is completely under lock and key. Activists are persecuted, some have been arrested and others are living in hiding. Despite the many appeals of human rights organisations, the junta multiplies its abuses against pro-democracy citizens.

  On 28 July 2022, at the call of the FNDC, pro-democracy citizens mobilised to protest against the junta’s seizure of power. But unfortunately, this mobilisation was prevented and repressed with bloody force. At least five people were shot dead, dozens were injured and hundreds were arrested. Others were deported to the Alpha Yaya Diallo military camp, where they have been tortured by the military.

  Among those arrested and currently held in Conakry prison are the National Coordinator of the FNDC, Oumar Sylla Foniké Manguè, the FNDC’s head of operations, Ibrahima Diallo and the Secretary General of the Union of Republican Forces, Saikou Yaya Barry. They are accused of illegal assembly, destruction of public buildings and disturbances of public order.

  How can the international community, and the Economic Community of West African States (ECOWAS) in particular, give the pro-democracy movement the support it needs?

  Today it is more necessary than ever for the international community to accompany the people of Guinea who are under the thumb of a new military dictatorship.

  The democratic future of the region is at stake in our country. If the international community, and ECOWAS in particular, remains silent, it will set a dangerous precedent for the region. Because of its management of the previous crisis generated by the third mandate of Alpha Condé, Guinean citizens do not have much faith in the sub-regional institution. From now on, the force of change must come from within, through the determination of the people of Guinea to take their destiny in hand.

  Civic space in Guinea is rated ‘repressed’ by theCIVICUS Monitor.
  Get in touch with the FNDC through itswebsite or itsFacebook page and follow@FNDC_Gn on Twitter.

• HAITI: ‘Civil society must get involved because political actors cannot find a solution to our problems’

  CIVICUS speaks about Haiti’s ongoing crisis and calls for foreign intervention with Monique Clesca, a journalist, democracy advocate and member of the Commission to Search for a Haitian Solution to the Crisis (Commission pour la recherche d’une solution haitienne a la crise, CRSC). CRSC, also known as the Montana Group, is a group of civic, religious and political organisations and leaders that got together in early 2021. Following the assassination of President Jovenel Moïse in July 2021, it promoted theMontana Accord, calling for a two-year provisional government to take over from acting Prime Minister Ariel Henry and hold elections as soon as possible, as well as a road map to reduce insecurity, tackle the humanitarian crisis and respond to social justice demands. The Monitoring Office of the Montana Accord continues to follow up on this roadmap.

  What are the causes of Haiti’s current crisis?

  People seem to associate the crisis with the assassination of President Moïse, but it started way before that, because there were various underlying issues. It is a political crisis but also a much deeper social crisis. The majority of people in Haiti have suffered the effect of profound inequalities for many decades. There are huge gaps in terms of health and education so there is a need for basic social justice. The problem goes far beyond the more visible political, constitutional and humanitarian issues.

  Over the past decade, we have had governments that tried to undermine state institutions so that a corrupt system could prevail: there have not been transparent elections and no alternation of power, with three successive governments of the same political party. Former president Michel Martelly postponed the presidential elections twice. He ruled by decree for more than a year. In 2016, fraud allegations were made against Moïse, his successor. In his time in office, Moïse dissolved parliament and never organised elections. He fired several Supreme Court judges and politicised the police.

  He also put forward a constitutional referendum, which has been repeatedly postponed, that is clearly unconstitutional. The 1987 Constitution defines how it should be amended, so by trying to rewrite it, Moïse went the unconstitutional way.

  By the time Moïse was killed, Haiti was left with his legacy of weak institutions, massive corruption and the lack of elections and renewal of the political class. After Moïse’s assassination the situation worsened further, because now there was no president and no functioning judiciary and legislative body. We had, and continue to have, a full-blown constitutional crisis.

  Ariel Henry, the current acting prime minister, clearly has no mandate. Moïse selected him as the next prime minister two days before he was killed and didn’t even leave a signed nomination letter.

  What has the Montana Group proposed as a way out of this crisis?

  The Montana Group formed in early 2021 out of the realisation that civil society must get involved because political actors could not find a solution to Haiti’s problems. A forum of civil society then put together a commission that worked for six months creating dialogue and trying to build consensus by speaking to all political actors, as well as to civil society organisations. As a result of all this input, we came up with a draft agreement that was finalised and signed by almost a thousand organisations and citizens: the Montana Accord.

  We put together a two-part plan: a governance plan and a social justice and humanitarian roadmap, which was signed as part of the agreement. To get consensus with wider participation, we proposed the creation of a checks and balances body that would carry out the role of the legislative branch and also an interim judiciary during the transition. Once Haiti can have transparent elections, there would be a proper elected legislative body and the government could go through the constitutional process to name the high-level judiciary body, the Supreme Court. That is the governance that we’ve envisioned for the transition, one that is closer to the spirit of the Haitian Constitution.

  Earlier this year, we met several times with Henry and tried to start negotiations with him and his allies. At one point, he told us he didn’t have the authority to negotiate. So he closed the door to negotiations.

  What are the challenges to holding elections in the current context?

  The main challenge is the massive insecurity. Gangs are terrorising the population. Kidnappings are rampant, people are being assassinated. People can’t go out of their homes: they can’t go to the bank, to the stores, to the hospital. Children can’t go to school: classes were supposed to start in September, then in October and now the government is silent on when they will start.

  There is also the dire humanitarian situation, only made worse when gangs blocked the main oil terminal of Varreux in Port-au-Prince. This impacted on power supply and water distribution, and therefore on people’s access to basic goods and services. Amid a cholera outbreak, health facilities were forced to reduce their services or shut down.

  And there is political polarisation and massive mistrust. People don’t only mistrust politicians; they also mistrust one another.

  Because of the political pressure and gang activity, citizen mobilisations have been up and down, but since late August there have been massive demonstrations calling for Henry’s resignation. People have also marched against rising fuel prices, shortages and corruption. They have also clearly rejected any foreign military intervention.

  What is your position regarding the prime minister’s call for foreign intervention?

  Henry has no legitimacy to call for any military intervention. The international community can help, but it is not up to them to decide whether to intervene or not. We first need to have a two-year political transition with a credible government. We have ideas, but at this point, we need to see a transition.

  ---

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

  Contact theCommission to Search for a Haitian Solution to the Crisis through itsFacebook page, and follow@moniclesca on Twitter.

• Harmonisation, Participation and Coherence are Key to Realising the 2030 Agenda

  By Mandeep Tiwana and Tor Hodenfield 

  Two challenges – overlapping reporting requirements and less than universal compliance with human rights obligations – could be addressed by involving civil society more meaningfully in substantive processes. Furthermore, it is essential that positions on human rights matters that are taken at the UN Human Rights Council are followed up at the UN General Assembly and, most importantly, are implemented at the local level.

  Read on: International Institute for Sustainable Development

• Honduras government must stop violent clampdown on peaceful protests

  📢 Desde @CIVICUSespanol condenamos y exigimos el fin de la brutal represión ejercida contra las protestas pacíficas en #Honduras por parte de las fuerzas de seguridad de @JuanOrlandoH.
  Por el momento, se cuentan 3⃣personas muertas y 2⃣0⃣heridas.
  + Info: https://t.co/hsnGKNcVlG pic.twitter.com/MVv70MOEGT

  — CIVICUS Español (@CIVICUSespanol) June 26, 2019

  June 26, 2019

  Government violently represses citizens protests in Honduras

  • Three people killed and 20 wounded in brutal crackdown on protests in Honduras
  • Global civil society alliance condemns the harsh repression of demonstrations in Honduras and the decision of the government to use of military forces to control protests
  • Defenders in the country face an extremely risky environment experiencing violence and criminalization
• HONDURAS: ‘The ruling of the Inter-American Court marks a before and after for LGBTQI+ people’

  CIVICUS speaks with Indyra Mendoza, founder and general coordinator of Red Lésbica Cattrachas (Cattrachas Lesbian Network), a lesbian feminist organisation dedicated to defending the human rights of LGBTQI+ people in Honduras. In March 2021 the Inter-American Court of Human Rights (IACtHR)made a ruling in the case of Vicky Hernández. Vicky, a trans woman, and human rights defender, was murdered between the night of 28 June and the early morning of 29 June 2009, in the city of San Pedro Sula, Honduras, while a curfew was in force following a coup. Her killing came in a context of enormous discrimination and violence, including by the security forces, against LGBTQI+ people.

  

  What was the process that resulted in the IACtHR ruling? What was the role of Cattrachas?

  Cattrachas Lesbian Network’s Violence Observatory recorded Vicky’s case and immediately identified it as a potential strategic litigation case, as it was one of the first murders of an LGBTQI+ person following the coup d’état.

  Even before the coup, Cattrachas had identified a pattern of non-lethal violence against transgender women by police officers. And while we had already recorded 20 violent deaths of LGBTQI+ people between 1998 and 2008, the killings of transgender women increased after the 2009 coup. The Observatory recorded a total of 15 violent deaths of transgender women, most of which occurred during curfews or states of exception decreed illegally by the government, when state security forces were in absolute control of the streets.

  In Vicky’s case, Cattrachas learned that no autopsy had been performed, so we contacted her family and found out that very few investigative steps had been taken. On 23 December 2012, Cattrachas filed the initial petition for Vicky’s murder with the Inter-American Commission on Human Rights. Robert F. Kennedy Human Rights, a USA-based human rights organisation, later joined in. The Commission issued its merits report, which established that human rights violations had taken place, on 7 December 2018 and sent the case to the IACtHR on 30 April 2019. The public hearing was held on 11 and 12 November 2020. 

  Finally, on 26 March 2021, the IACtHR issued a ruling declaring the State of Honduras responsible for the violation of Vicky’s rights to life, personal integrity, equality and non-discrimination, recognition of legal personality, personal liberty, privacy, freedom of expression and name. It also ruled that the State of Honduras failed to comply with the obligation established in article 7.a of the Inter-American Convention on the Prevention, Punishment, and Eradication of Violence against Women, also known as the Convention of Belém Do Pará. Additionally, the IACtHR established that Vicky’s death was not investigated with due diligence, and therefore condemned Honduras for the violation of due process, judicial protection and the obligation established in article 7.b of the Convention. Finally, the Court declared that the right to personal integrity of Vicky’s relatives had also been violated. The ruling was notified on 28 June 2021, 12 years after the coup d’état and the transfemicide of Vicky Hernández.

  The resolution of this case was exceptional. What was the reason for this exception?

  Its resolution was exceptional because of the multiple intersectionalities of violence present in Vicky’s life. Vicky was a young Honduran transgender woman and human rights defender, a sex worker living with HIV, with limited economic resources, and at some point in her life, precarious employment had forced her to emigrate. Vicky’s is the first case of lethal violence against an LGBTQI+ person that occurred at the intersection of two relevant contexts: the 2009 coup d’état and the context of structural violence that LGBTQI+ people, and particularly transgender women, face in Honduras.

  The case allowed the Court to reiterate standards on the right to gender identity, equality, and non-discrimination, and to insist that, in contexts of historical violence, subordination, and discrimination, in this case against transgender people, international commitments impose a reinforced responsibility on the state. Furthermore, through an evolutionary interpretation, the Court established that transgender women are women, and are therefore protected by the Convention of Belém Do Pará.

  What is the significance of this ruling for LGBTQI+ people in Honduras?

  The ruling in Vicky’s case marks a before and after, as it establishes guarantees of non-repetition that must be turned into public policy in favour of LGBTQI+ people.

  The measures set by the ruling include the establishment of an educational scholarship for transgender persons, which will bear the name of Vicky Hernández, the implementation of education, awareness-raising and training plan for the Honduran security forces, the adoption of protocols for the diagnosis, data collection, monitoring and investigation of cases of violence against LGBTQI+ people, and the adoption of a procedure to recognise gender identity in identity papers and public records. This procedure should be guided by the standards of Advisory Opinion 24/17, which implies that it should not require any law, should be expeditious, should not require pathologising tests, should not require a historical record of changes, and should be, as far as possible, free of charge.

  More than a decade after the murder of Vicky Hernández, what is the situation of LGBTQI+ people in Honduras?

  LGBTQI+ people in Honduras face constitutional and legal limitations based on sexual orientation, gender expression and gender identity that prohibit us from accessing equal marriage as well as the recognition of marriage celebrated abroad, de facto union, adoption, intimate visits in prisons, change of name based on gender identity and blood donation. Specifically, in relation to changing names, the IACtHR ruling in Vicky’s case mandates the state to establish an adequate and effective procedure to recognise the identity of transgender people.

  Honduras is the country with the highest rate of violent deaths of LGBTQI+ people in Latin America and the Caribbean. Since the transfemicide of Vicky, to date 388 LGBTQI+ people have been murdered in Honduras and one person is missing; 221 of those people are gay, 112 are transgender and 46 are lesbian. Only 83 cases have been prosecuted, resulting in 11 acquittals and 34 convictions, which reflects a 91 percent impunity rate.

  In sum, LGBTQI+ people face not only major legal obstacles but also a very high level of lethal violence and lack of access to justice.

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

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

• HONDURAS: ‘We must address the roots of the conflict: the handing over of natural resources’

  CIVICUS speaks about the criminalisation of environmental, land and territorial defenders in Honduras with Edy Tábora, director of the law firm Justicia para los Pueblos (Justice for the Peoples) and coordinator of the group of defence lawyers of eight defenders of the Guapinol river who were recently released from detention.

  Why were the Guapinol defenders criminalised?

  The case of the eight Guapinol comrades deprived of their freedom is one of the most revealing expressions of the conflicts around mining and energy and the dispossession of land and natural resources in Honduras. Along with that of Berta Cáceres, the Guapinol case is one of the most significant ones.

  Berta’s case, which culminated in her assassination, was the first in a new wave of criminalisation surrounding dispossession projects following the 2009 military coup. Her case displayed all the typical elements: stigmatisation, surveillance, rupture of the social fabric, criminalisation. The same pattern can be seen in many parts of Honduras.

  After the coup, there was a privately conducted exploration of mineral deposits and businesspeople realised there was a lot of money to be made here. In the case of Guapinol, the process kicked off with the granting of an iron oxide mining concession – one of the largest in the country – to Los Pinares, a holding company registered in Panama, owned by an extremely wealthy Honduran family. Its mining business was developed jointly with the US company Nucor.

  Nucor claims to have withdrawn from the project in late 2019 due to the conflict triggered by the criminalisation of the Guapinol defenders, but there is no evidence of this and we do not believe it to be true. Los Pinares is simply the mining arm of a company whose power comes from airport concessions at home and abroad. It is a company with high-level political connections, and with so much power that in 2013 it succeeded in getting the National Congress to change the delimitation of the core zone of a national park.

  On 22 April 2013, the day before a new mining law came into force, applications were submitted for the two mining concessions related to the Guapinol case, both located in the core zone of the Montaña de Botaderos National Park. This had been declared a national park in 2012, as part of a ‘friendly settlement’ with the relatives of Carlos Escaleras, a social leader and environmental defender active in the 1980s and 1990s, who was assassinated for defending this mountain. The statute of the national park, which bears the name of Carlos Escaleras, prohibited the granting of mining concessions in its core zone and even its buffer zone.

  However, in 2014, engineers began to arrive on the mountain to collect information and check how deep down metal was deposited. People noticed this, began to demand an explanation and organised in the Municipal Committee of Public and Common Goods of Tocoa.

  In June 2016 they began to file complaints; some were filed by the Guapinol defenders who ended up in prison. They requested information from the institutions in charge of granting mining permits but only obtained some information in November 2019, after three years of back and forth. Tired of not getting answers, in June 2018 people started protesting at the Municipality of Tocoa Colón. It was then that systematic surveillance by the national police and Los Pinares security began.

  In August 2018, the Honduran Council of Private Enterprise held press conferences in which it complained to the government about an alleged loss of 20 billion dollars caused by ‘vandals’ protesting in various parts of Honduras.

  Criminalisation was a nationwide strategy, but the criminalisation of the Guapinol comrades was the most serious case. On 8 September 2018, the Public Prosecutor’s Office presented the first accusation against 18 comrades for the crimes of usurpation, damage and usurpation of public space. Los Pinares appeared in the hearings as the accuser. Fourteen comrades were put on trial and all their cases were closed, but the fact that they were accused enabled the illegal eviction, in October 2018, of the Camp for Water and Life, one of many set up around Honduras. This was one of four charges brought by the Public Prosecutor’s Office as part of the strategy to criminalise resistance movements against mining and energy projects.

  In January 2019, in response to a complaint filed by Los Pinares, the Public Prosecutor’s Office filed another indictment against 32 people, including eight Guapinol comrades. The nature of the charges changed: it was no longer about usurpation of public space but about organised crime. Human rights defenders were now treated as taking part in organised crime, with charges including criminal association, theft, damage, unjust deprivation of liberty and aggravated arson. The case was assigned to the Specialised Court for Organised Crime, which meant it was transferred from local to national jurisdiction, in violation of the right to be tried by one’s natural judge. 

  Of the 32, a first group voluntarily submitted to trial in February 2019 and was kept in prison for only 10 days before the accusations against them were dismissed. The Guapinol eight, however, despite having voluntarily submitted to trial, were subjected to arbitrary detention from 26 August 2019 until 24 February 2022, when they finally regained their freedom.

  What did civil society do to secure their release?

  During the pandemic, Guapinol was one of the most high-profile cases globally. Not even the pandemic could stop our comrades’ defence. We quickly moved our activities online, and by late April 2020 we were already filing habeas corpus writs for our comrades’ right to health, alongside international organisations. Even under these conditions, we managed to set up discussions with important organisations, and three months after the pandemic began, we restarted our advocacy work, which meant that by the time the trial started, the case had become very well known around the world.

  Initially the case was promoted by the Coalition Against Impunity, which brings together more than 50 Honduran civil society organisations (CSOs). Later, many CSOs joined a kind of international support group for the case.

  First, we publicly denounced the violence and criminalisation against the Municipal Committee. Second, before our comrades were imprisoned, we documented the irregular granting of concessions for natural resources. Third, alongside several Honduran CSOs, we organised our comrades’ legal defence. A working group was then organised including national and international CSOs to support the defence. A lot of advocacy work was done, both nationally and internationally, to convince the public that this was a very important case and to counter the company’s account of the violence allegedly committed by our comrades.

  Documentary and testimonial work was crucial to expose our comrades’ real activism. We had many meetings with international CSOs. Canadian, US and European organisations and academics reported on the concession and the legal process. International CSOs filed amicus curiae – friend of the court – briefs with Honduran courts. We participated in multiple forums with national and international organisations.

  Many actions converged to create a powerful wave of demands for our comrades’ release. CIVICUS’s and Amnesty International’s campaigns, for example, allowed us to reach wider audiences. When the trial came, the case was widely known, and less than 24 hours after the end of the trial, in which our comrades were convicted with two thirds of the court’s votes, the Supreme Court of Justice annulled the whole process and ordered them to be released.

  This was an unprecedented decision, surely motivated by the strength of the demand for their freedom and by the evidence presented, both in and out of court, which demonstrated that our comrades were innocent and that they fight for a just cause that is of great interest to humanity.

  Are there other cases like the Guapinol case in Honduras?

  There are many defenders criminalised for defending land, including some from the Garífuna people, a marginalised minority, but they are not in prison. Many comrades were also imprisoned for defending democracy in the aftermath of 2017’s electoral fraud: around 30 people were imprisoned in maximum security prisons, but they are currently free. Most pending cases are being closed as a result of an amnesty issued by the National Congress in February 2022.

  In that sense, the Guapinol case was an exception, because this amnesty did not apply to them. What’s important about this case is that we managed to close the process by defending ourselves even with the highly questionable tools offered by the Honduran judicial system.

  However, there were other cases at the same time as Guapinol, such as that of the Indigenous comrades of the Lenca people in the department of La Paz, who were accused of forced displacement. They were imprisoned for more than a year for a crime that is the craziest thing I have ever heard: they were accused of displacing landowners. The Public Prosecutor’s narrative uses the made-up concept of ‘reverse racism’, according to which Indigenous peoples can also commit discrimination against minorities within their communities – the minority in this case being the landowners.

  Do you view Guapinol as part of a pattern of criminalisation against environmental defenders?

  We have detected patterns of criminalisation by sector in the cases we have monitored. For example, between 2011 and 2016 one of the most criminalised sectors was the student movement mobilised in defence of public education. Some 350 students, mostly university students, were criminalised.

  In the case of environmental defenders, we were able to document several patterns of criminalisation. Again and again, prosecutions were initiated only a few days after pronouncements by companies or employers’ organisations. The behaviour of the police and the Public Prosecutor’s Office has also been similar in all cases, with an initial focus on eviction and accusations changing over time following the same pattern. The narrative peddled by companies is always the same as well, often because they share the same lawyers.

  Criminalisation follows different patterns depending on the interests affected. The crimes people are accused of when challenging mining interests differ from those used to dispossess communities of land for the construction of tourism megaprojects or the plantation of African palm in the Atlantic zone, and from those used against peasants claiming access to land and crops.

  However, all the groups criminalised over the past 15 years have something in common: their resistance to the project, promoted since the 2000s, of handing over natural resources to private companies. Land grabbing was politically supported the state following the coup: from that moment on, national regulations were made more flexible to facilitate dispossession and the national police and the security forces of the Public Prosecutor’s Office and the judiciary were placed at the service of the private sector, which used them to criminalise land rights defenders.

  Has there been any improvement in the situation of environmental defenders since the new government came to power in January 2022?

  The new government brought several positive changes. First, while we had already achieved the closure of several emblematic cases, it decreed an amnesty that resulted in the closure of most legal proceedings against defenders, although there are still some cases pending.

  Second, the new government has put an end to the state’s stigmatisation of land struggles, which used to make use of information obtained by state security forces. And third, for the time being the government has not tackled conflicts with violence. People who protest are not being repressed.

  In recent years state violence was deployed to manage social protest, private violence was reflected in the assassination of defenders, and hybrid violence was seen in the area of surveillance. Over the four years of the current government we may no longer witness violent management of social protests, but there is a chance that state violence will be replaced by private corporate violence.

  What are the challenges ahead?

  The challenge right now is to address the causes of criminalisation. We have worked to defend and support our comrades criminalised by the state and private companies, but we have never been able to address what’s at the root of the conflict: the handing over of natural resources. Preventing the criminalisation of defenders is a big step, but we must address the issue of concessions, which in fact continue. Approved projects are waiting to be implemented. If we don’t seize the moment to address this problem, then when the government’s political colour changes, private companies will come back stronger and criminalisation will intensify.

  Moreover, social movements are worn out after 12 years of resistance against the handing over of natural resources. There must be accountability, reparations for victims and guarantees of legal security for defenders to be able to do their work. The hostile legal framework for exercising rights and defending human rights that has been established in recent decades must be reversed.

  Civic space in Honduras is rated ‘repressed’ by theCIVICUS Monitor.
  Learn more about the Guapinol case on itswebsite and follow@Edy_Tabora on Twitter.

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

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

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

  What challenges do Hong Kong activists in exile face?

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

  

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

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

   

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

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

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

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

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

  What tactics did the government use to control the election?

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

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

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

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

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

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

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

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

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

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

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

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

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

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

   

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

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

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

• How NGOs and social movements can learn to work together better

  By Danny Sriskandarajah

  There are no shortages of challenges facing civil society, but one that we don’t talk enough about is the relationship between the formal and informal parts of civil society. If civil society is to have to have any chance of tackling the biggest challenges facing the world, we have to work out to how to work together more effectively.

  Read on: Open Democracy

• HRC50: resolution on freedom of peaceful assembly & association renews the crucial Special Rapporteur mandate & addresses key issues

  Resolution on on freedom of peaceful assembly and of association adopted at the 50th Session of the UN Human Rights Council

  CIVICUS welcomes this new resolution on freedom of peaceful assembly and of association, which addresses substantive concerns facing civil society today.

• HUNGARY: ‘The government is masking anti-LGBTQI+ legislation under the narrative of children protection’

  CIVICUS speaks about the Hungarian government’santi-LGBTQI+ campaign with Imre Zsoldos of the Hungarian LGBT Alliance.

  Founded in 2009, theHungarian LGBT Alliance is an umbrella civil society organisation (CSO) that brings together seven LGBTQI+ groups with the aim of promoting communication, cooperation and joint action to confront social rejection, prejudice and discrimination against sexual minorities in Hungary.

  What are the latest developments in the government-led anti-LGBTQI+ campaign?

  To begin with, Hungarian legislation explicitly forbids same-sex registered partners from adopting children. There is another law prohibiting unmarried single people from adopting children unless they have a special permit issued by the Minister for Families, which has been made almost impossible to get to prevent same-sex parents adopting separately.

  On top of this, in April 2023 the Hungarian parliament passed a bill enabling people to anonymously report on same-sex couples raising children, or those who contest the ‘constitutionally recognised role of marriage and the family’ or children’s rights ‘to an identity appropriate to their sex at birth’. This law specifically targeted rainbow families and transgender young people. No specific evidence or details would be needed to report same-sex families and other ‘offenders’ to the authorities. The law also mandated the establishment of a reporting platform.

  President Katalin Novak did not sign the bill into law, arguing it weakened the protection of fundamental values, and sent it back to parliament for reconsideration. My assumption is that parliament will pass it again with some changes.

  Previously in March, the government filed a counter claim to the Court of Justice of the European Union (EU) to defend an education law passed in 2021, which was in fact just another anti-‘gay propaganda’ law. Initially, the law was meant to impose harsher punishment for sexual offences against minors, but legislators from the ruling Fidesz party introduced several changes so that the law ended up criminalising the portrayal or ‘promotion’ of homosexuality or sex reassignment to minors and restricting sexual education in schools. It was condemned by 17 EU member states.

  The 2021 Child Protection Act enshrines children’s right to ‘education in accordance with the values based on Hungary's constitutional identity and Christian culture’. The government is masking anti-LGBTQI+ legislation under the narrative of child protection, portraying LGBTQI+ people as paedophiles and claiming it is trying to ‘save the children’ from us.

  The same narrative is also used to criticise the EU: the government claims the EU suspended over €6 billion (approx. US$6.5 billion) in funds for 2021-2027 because it promotes paedophilia, while in fact the funds were cut off due to a decline in the rule of law and judicial independence and concerns about corruption.

  How is the government’s anti-LGBTQI+ campaign affecting people?

  This hostile rhetoric resembles the way Jewish people and other minorities were targeted in the run-up to the Second World War. We are losing the feeling of security in our own society. We feel outlawed and can’t understand how this can be happening in Europe nowadays. Many LGBTQI+ people are starting to think about whether we should leave the country before it’s too late.

  Public attitudes to the government’s anti-LGBTQI+ campaign are shifting both ways, since everyone is reacting to the portrayal of LGBTQI+ people as a public enemy. On one side of the divide, people are getting outraged by the government’s propaganda and hence showing more support and understanding. On the other side, people are beginning to feel emboldened and legitimised to express discriminatory thoughts and act in discriminatory ways.

   

  What are the conditions for LGBTQI+ organisations in Hungary?

  The majority of Hungarian LGBTQI+ organisations are run by volunteers because they very rarely have resources to pay employees, especially in fixed positions. Our funding is strictly tied to projects to be implemented.

  As all the major media platforms are in the hands of the government, our opportunities to shift public opinion are really limited. We can only use CSOs’ social media and websites for advocacy. For example, one of the members of the Hungarian LGBT Alliance is the Rainbow Families Foundation. It ran a large campaign, ‘Family is Family’, that reached an extensive audience thanks to a TV station broadcasting the campaign in prime time. But then the media authority fined the TV station, saying it’s only allowed to broadcast this kind of advertisement at night because its depiction of homosexuality sensitively affects children under 16, causing misunderstanding, tension and uncertainty among them. A court eventually nullified the media authority’s decision, but this kind of decision is why there is almost no newspaper or TV station where we could have the space to effectively resist the government’s anti-LGBTQI+ campaign.

  Activists are targeted by the authorities in diverse ways, such as smear campaigns fuelled by the dissemination of fake information about them, as well as audits and controls on their private or family businesses or pressure in their workplaces or on family members who hold any state position. This creates a constant stress situation, since we never know when, where or how we will be targeted.

  But despite the hardship, we are doing our best to create safe places, build a community and provide legal and other forms of help to LGBTQI+ people.

  What further support does Hungarian civil society need?

  Alongside financial support, it would be extremely helpful – not only for LGBTQI+ people but also for other minorities, the political opposition and civil society as a whole – to have a widely accessible communication platform to reach older people beyond the capital, Budapest. While we can easily reach out to young people through social media, we are unable to reach those who get their information from television, newspapers and their churches, all of which are predominantly controlled by the government.

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

  Get in touch with the Hungarian LGBT Alliance through itswebsite or itsFacebook page.

• In a time of exclusion, making space for Faith Based Organizations

  By Amjad Mohamed Saleem

  For many people around the world, faith is embedded in cultures, practices and communities. Earlier this month, World Interfaith Harmony week taught us that religious practices and perspectives continue to be sources of values that nourish an ethics of multicultural citizenship commanding both solidarity and equal respect. Historically, spiritual heritage has often provided humanity the capacity for personal and social transformation. 

• Incertidumbre en Colombia: La paz en tiempos de elecciones

  Por Inés Pousadela 

  Lo que en cualquier democracia “normal” sería considerado un dato rutinario devino recientemente en Colombia un hecho de significación histórica: las elecciones legislativas de marzo de este año, en las cuales las ex guerrillas FARC (Fuerzas Armadas Revolucionarias de Colombia) debutaron como partido político, se desarrollaron sin incidentes graves. 

  Leer en: Open Democracy 

   

• Incertidumbre en Colombia: La paz en tiempos de elecciones

  Por Inés Pousadela 

  Lo que en cualquier democracia “normal” sería considerado un dato rutinario devino recientemente en Colombia un hecho de significación histórica: las elecciones legislativas de marzo de este año, en las cuales las ex guerrillas FARC (Fuerzas Armadas Revolucionarias de Colombia) debutaron como partido político, se desarrollaron sin incidentes graves. 

  Leer en: Open Democracy 

   

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

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

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

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

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

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

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

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

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

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

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

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

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

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

  How has civic space evolved under Prime Minister Narendra Modi?

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

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

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

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

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

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

  Are there enough guarantees for a free and fair election?

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

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

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

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

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

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

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

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

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

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

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

• INDIA: ‘The once-cosmopolitan state of Manipur is now divided into two rival communities’

  

  CIVICUS speaks about ethnic violence and a humanitarian crisis in the Indian state of Manipur withMangneo Lhungdim and Sulekha Thapa, Executive Director and Deputy Director of Oasis India.

  Founded in 1994, Oasis India is a civil society organisation (CSO) working to prevent human trafficking and other forms of violence against women and children and support people so they can flourish in their community. Oasis India has also been involved inemergency relief work in Manipur.

   

  What triggered ethnic violence in Manipur state?

  Manipur and a few other northeastern states of India endured severe ethnic violence until the mid-1990s and into the early 2000s. But over the past two decades rights-based reconciliation and development efforts gained momentum, including infrastructure development initiatives that ultimately benefited local communities.

  In this new context, the conflict between the majority Meitei people living in the Imphal Valley and the Kuki-Zo tribal community from the surrounding hills, now into its eighth month, could definitely have been prevented. As retired military and police officers have claimed, public order could and should have been restored within the first month of the conflict in May 2023. The state administration, supported by central security forces, had the capacity to contain the violence and prevent further displacement and killings.

  The conflict is believed to be a collateral outcome of valley Meitei people demanding inclusion on the Scheduled Tribes list under the Constitution of India, which tribal communities interpreted as an attempt to grab their land. On 3 May 2023, the tribals of Manipur, under the aegis of All Tribal Students Union Manipur, carried out a protest march in most hill districts, including Churachandpur. Violent incidents during the Churachandpur march spiralled and spread statewide, turning into senseless killings, arson and displacement.

  It’s difficult to identify particular reasons behind this outbreak of violence since the media coverage was initially limited and subsequent reports by independent journalists gave mixed messages and focused primarily on day-to-day events. Nevertheless, the government must fully acknowledge its responsibility and admit that it bears significant blame for such escalation of a latent ethnic conflict.

  The once-cosmopolitan state of Manipur is now divided into two rival communities and there’s no prospect of the conflict ending any time soon, as there are no substantial peacebuilding efforts by the state or national government. The only hope of restoring normality in life and livelihoods in Manipur comes from collaborative efforts undertaken by local CSOs and leaders.

  What’s the current situation on the ground?

  The situation is relatively more stable now than during the initial three to four months of the conflict, but it still remains challenging. The deployment of over 50,000 central security personnel has led to increased militarisation.

  The violence affects every aspect of the lives of people of all ages.

  Agriculture is the primary occupation in the region, but a majority of farmers missed the sowing and harvest seasons due to curfew regulations and lack of resources. This has deprived them of earnings to meet the basic needs of their families and resulted in shortages of staples.

  Over 60,000 people have been forcibly displaced and currently stay in camps where CSOs are the primary providers of humanitarian aid. Road communications from Manipur’s capital city, Imphal, to affected districts are severed, which complicates the delivery of relief and affects local businesses.

  The strict curfew forced schools to close, causing children to miss several months of education and delaying the start of the new academic year. Healthcare services have also been disrupted. Even burying the dead was impossible for a long period, though some improvement has been noted over the past few days, when the remains of 64 people were taken back to their homelands.

  The emotional impact on the residents of Manipur is profound. People have lived in fear and anxiety for a long time, and many have lost family members or their homes.

  How has Indian civil society, including Oasis, worked to address the humanitarian crisis?

  Several Indian CSOs have responded to the humanitarian needs in both the hills and valley districts of Manipur. In the hill districts, the primary providers have been local churches, national aid agencies, volunteers and philanthropic organisations. Many families continue to rely on supplies and assistance provided by civil society and the neighbouring states of Assam, Mizoram and Nagaland.

  Civil society is working to improve the lives of internally displaced people sheltered in relief camps. Those in Churachandpur, for instance, receive vocational training, including tailoring and computer courses. Those who already have specific skills are provided with craft materials such as wool and weaving sets, to knit sweaters and woollen caps, while others have received bamboo wood and plastic knitting wire to make stools. This has become a source of income for many people, making a huge difference in their lives.

   

  What challenges have you faced in doing your work?

  For Oasis India and various aid agencies, the primary challenge has been delivering relief to the valley areas of Manipur, as the national highway was cut off, making it impossible to transport essential supplies without a security convoy. Food and hygiene kits were mainly sourced from neighbouring Mizoram and Nagaland, incurring high costs and taking 15 to 17 hours on a rough road to deliver supplies to tribal districts.

  Over time, Oasis started to assist people in relief camps but could only help displaced people from the Kuki-Zo tribes. Despite efforts by our senior management to overcome obstacles, there have continued to be security challenges in reaching out to the Meitei community.

  Yet another significant problem lies in mobilising resources for relief from national and international donors. The conflict’s nature as being between ethnic communities, which has been projected as having a political colour, has caused many funders to shy away.

  What should be done to resolve the conflict, and how should the international community help?

  International aid is insufficient. Since May 2023, neither the European Commission’s Civil Protection and Humanitarian Aid Operations department nor the United Nations Children's Fund have stepped in to provide humanitarian assistance to Manipur. The same is true for the Prime Minister National Relief Fund and the Prime Minister's Citizen Assistance and Relief in Emergency Situations Fund. The international community must collaborate with local CSOs that continue taking the lead in providing aid.

  For a genuine resolution to the conflict, both the Kuki-Zo and Meitei communities must come to the table, engage in dialogue and avoid any hate speech, and collaborate to establish peaceful coexistence. To facilitate this, a ceasefire should be agreed at all buffer zones. Given the loss of trust in the state government by the tribal Kuki-Zo people, an independent empowered authority could potentially broker a ceasefire between the two warring communities. There are enough sensible people and peace-loving activists in both communities who can play critical roles in bringing about reconciliation and peace.

  To put an end to the violence and prevent its repetition, perpetrators, regardless of ethnicity, should be held accountable. The Supreme Court has ordered the formation of at least 42 special investigation teams to prosecute conflict-related crimes, so at least there’s hope in this regard.

   

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

  Get in touch with Oasis India through itswebsite orFacebook page, and follow@Oasisatindia on Twitter.

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