funding

• NIGERIA: ‘The government is more willing to negotiate with terrorists than with striking teachers’

  CIVICUS speaks with Olorunfemi Adeyeye about the current student mobilisation that is calling on Nigeria’s government to respond to teachers’ demands and end the strike by the Academic Staff Union of Universities (ASUU). 

  Olorunfemi is a student activist and member of the Fund Education Coalition, which works to raise awareness about the importance of Nigerian public universities and is currently supporting teachers by taking part in the #EndASUUStrike movement.

  How did the #EndASUUStrike movement start, and what does it want to achieve?

  The origins of the campaign are in the Fund Education Coalition movement, a coalition of Nigerian student groups advocating for education rights. #EndASUUStrike started when student organisations came together and called for students to be at the forefront of the struggle for their rights to quality public education. It uses the grievances of the ASUU strike to highlight what students need to have on their respective campuses.

  The demands of the ASUU strike include several issues that concern Nigerian students directly. For instance, the union has raised the need to revitalise public universities. This is of great importance to students, who are the direct victims of underfunding. The campaign to properly fund education demands the revitalisation of laboratory equipment, which is in poor state, and fixes to the problems of overcrowded lecture halls and moribund campus health centres, among other key aspects. The union also frowns at the proliferation of universities and seeks an amendment to the 2004 National Universities Commission Act. The establishment of more universities, while existing ones are poorly funded, has become a constituency project for Nigerian rulers. Almost everyone in the ruling class wants to have one in their backyard. This is just unacceptable. We are fully in support of the strike, which also highlights issues surrounding the poor remuneration of lecturers.

  What the Fund Education Coalition wants is for the Nigerian government to accede to workers’ demands in the educational sector. And not just to ASUU’s: the Senior Staff Association of Nigerian Universities and the National Association of Academic Technologists are also on strike. With all education workers currently on strike, it was only rational for students to join them.

  Have you established any connections with student movements facing similar challenges in other parts of the world?

  Social media platforms have made it easy for us to share information about the #EndASUUStrike movement, reaching a vast audience across the world. Unfortunately, however, we have not yet had the chance to get in contact with any international student organisations facing similar issues.

  As student activists, when things happen in other countries we lend voices to help each other – for instance, when the #FeesMustFall movement erupted in South Africa the Alliance of Nigerian Students against Neoliberal Attacks, an organisation I led in 2018, released a statement of support. We hope the same will also happen with the #EndASUUStrike. International solidarity among all the oppressed people in the world is key.

  To counter the government’s propaganda that ASUU is on strike because it feels it can gain some concessions due to the approaching elections, it should be noted that this isn’t a new problem. Interestingly, there are no new problems in Nigeria. Our issues date back a long way. Strikes similar to the current one have been happening since the 1980s and the issues they point to continue to affect generation after generation of Nigerians.

  We are still dealing with the same issues, as the government systematically fails to fulfil its promises and implement the agreements reached with unions. Our issues are perennial and endemic, but even though they may be different from those faced by young people in other countries, we are still open to collaboration with as many organisations from around the world as possible.

  How has the ASUU strike affected you?

  As students it is very unfortunate that we must go through this again. It is an endless cycle of spending very little of your time in class and most of it on the streets fighting for your right to education.

  When ASUU goes on strike, it not only affects academic activities, but also the economic and social life of everyone in the academic community. There are students who depend on universities being open because they sell academic textbooks, stationery or equipment to make a living. There are also people who run businesses within universities as a means of providing for their families. All these have been disrupted. The strike has affected everyone.

  As student activists, some of our activities have been affected and we have not been organising as we normally would on campuses. We hope the federal government will agree to ASUU’s demands so things can go back to normal.

  What do you think education workers should do?

  First, I need to clarify that students have a good relationship with ASUU and the other educational workers’ unions. We are all partners in the education sector. As students, we have been able to present some of our ideas and thoughts to ASUU.

  An issue we discussed recently was that they should come out with a clear message against the government’s propaganda. The government has tried to convince people that it cannot accede to ASUU’s demands because there is no money to fund education. This is misinformation and propaganda, so we have asked ASUU to counter it with their own narrative and make it public. Everyone should understand why ASUU is striking and support their struggle. This will not only benefit teachers, students and their families, but it will also help us save public universities and ensure they are well equipped for ordinary citizens to attend.

  How has the government responded so far to both the ASUU strike and the #EndASUUStrike movement?

  The federal government has not responded to ASUU’s and students’ demands. Faced with strikes by other unions, such as the Airline Operators of Nigeria, the government reacted fast to prevent the suspension of airline services. But ASUU has been on strike for almost three months and the government has not even called them to a meeting. This serves as an indication that education is not really a priority for them. The government is more willing to negotiate with terrorists and bandits than to sit down and negotiate with academic workers.

  As a result, ASUU has decided to extend the strike by three more months, which means students will have spent close to six months without attending school.

  We hope we can put more pressure on the government so it will react to what is happening. We want the government to agree to a meeting with ASUU representatives and commit, this time, to solving the issues brought up at the meetings.

  What kinds of support do you need from the international community?

  As someone who is at the frontline of the struggle to protect a public education, I would say that the international community should put pressure on the Nigerian government to prioritise education.

  The government has been telling us it does not have money to fund education, but yet there is serious capital flight from Nigeria to other countries. The president has donated one million US dollars to Afghanistan and oil theft has grown. Who is stealing the oil? Not ordinary people. Who are contributing to oil theft, money laundering and massive capital flight, if not foreign nations? These monies are mostly not kept in our banks. We need our international allies to put pressure on the government to stop capital flight and instead invest in education. 

  International organisations should also help us put pressure on foreign governments, corporations and parastate actors to stop aiding and abetting the thievery in Nigeria. Nigeria has plenty of resources that should be put to the correct use, such as funding education.

  In addition, we need the international community to help us push our narrative through social media so that more attention is paid to the situation Nigerian students are dealing with.

  Civic space in Nigeria is rated ‘repressed’ by theCIVICUS Monitor.
  Follow@activistfemi on Twitter. 

• Open letter to the G20 Finance Ministers

  Dear G20 Finance Ministers,

  As you meet this week, we are writing to you to encourage you to take concrete actions in order to build a better future through a just recovery by investing in people and ensuring that funds being made available reach those that need them the most.

• PAKISTAN: ‘The authorities must guarantee the human rights of Afghan asylum seekers’

  
  CIVICUS speaks about the move to expel Afghan refugees from Pakistan withHabib Malik Orakzai, president ofPakistan International Human Rights Organization (PIHRO).

  Founded in 1999, PIHRO is a human rights civil society organisation (CSO) working toempower people to defend their rights, investigate rights abuses, fight discrimination and promote social justice and peace. It provides life-saving health, education and legal assistance and protection for refugees in Pakistan.

  What’s the current situation of Afghan refugees in Pakistan?

  The number of Afghan refugees in Pakistan is uncertain. It’s been gradually increasing over time, reaching around four million, with 2.3 million officially registered. Many of them work as physical labourers on daily wages, although some enjoy financial success as prominent businesspeople. Public sentiment towards refugees is generally friendly and supportive.

  The Pakistani government has established over 20 Afghan Citizen Card centres in 17 districts. However, Afghan refugees continue to face obstacles in legal registration, largely due to the fact that multiple stakeholders are involved in the procedure, including the United Nations Refugee Agency (UNHCR), provincial and federal authorities, and security agencies. Challenges include bureaucratic complexities, limited human and financial resources and an ever-growing number of refugees seeking protection. Political and security concerns further complicate the registration process. Afghan refugees could choose to go to other countries but often face stricter immigration laws elsewhere.

  Why has the Pakistani government ordered the expulsion of Afghan refugees?

  Initially, Pakistan hosted over three million Afghan refugees, but following the Taliban takeover in August 2021 there was a growing influx of new refugees who entered Pakistan both legally and illegally. Pakistan was already going through a financial crisis and the arrival of thousands of asylum seekers added to the economic challenges. Evidence obtained by security agencies over some Afghan refugees’ involvement in recent terrorist activities and street crimes led to the government’s decision to expel unregistered refugees.

  This decision has begun to be implemented. The government has conducted search operations to identify undocumented refugees and send them to the recently built camps in main cities, from where they’re being deported to the nearest borders with Afghanistan. Forcibly returned people face numerous problems in Afghanistan, including food insecurity, lack of accommodation and health issues. Those expelled during the winter face particularly harsh condition when returning.

  What is Pakistani civil society, including PIHRO, in response?

  Civil society organisations, although playing a limited role, are involved in advocacy efforts to prevent forced returns. PIHRO has expressed concerns over the expulsion of Afghan refugees at various forums, engaged in discussions with policymakers and collaborated with international organisations to ensure refugee protection. We are closely observing the situation and engaging with sister organisations dedicated to helping Afghan refugees develop a joint strategy for refugee settlement.

  PIHRO is a member of the Asia Pacific Refugees Rights Network, through which we advocate for non-refoulement, emphasising Pakistan’s responsibility to protect Afghan refugees on its territory and prevent their forced return to Afghanistan regardless of documentation status.

  Rather than expelling undocumented refugees, the Pakistani government should develop strategies to provide people fleeing Afghanistan with reasonable and timely access to registration processes, allowing them to state their claim for international protection. The authorities must work toward regularising legal status and guaranteeing the human rights of Afghan asylum seekers.

  What should the international community do to help address this crisis?

  The international community should increase its support to Pakistan as the major host of Afghan refugees by providing adequate funding to guarantee that asylum seekers have access to education and healthcare and have their basic needs met. We also urge other governments to increase their refugee admissions from Pakistan through resettlement programmes and facilitate better access to legal routes to safety.

  Despite repeated requests, we haven’t received sufficient international support, which is crucial to prevent further escalation of the crisis. Given the current winter conditions in Afghanistan, our immediate focus is on providing shelters and kits for winter. We call on the international community to address these pressing issues and urge the government of Pakistan to halt refugee expulsions at least temporarily and collaboratively devise a strategy in consultation with the authorities in Afghanistan and the UNHCR.

  ---

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

  Get in touch with PIHRO through itswebsite or itsFacebook page, and follow@PIHROrg onTwitter.

• PAKISTAN: ‘We appeal to the international community to share the responsibility of welcoming Afghan refugees’

  CIVICUS speaks about the current move to expel undocumented migrants from Pakistan with Muhammad Mudassar, Chief Executive Officer of the Society for Human Rights and Prisoners’ Aid (SHARP-Pakistan).

  Founded in 1999, SHARP is a human rights civil society organisationworking for the rights and wellbeing of vulnerable groups, including refugees and internally displaced persons, and working on issues related to trafficking in persons and smuggling of migrants, including through advocacy at national and international level, capacity development of stakeholders, community services and emergency response.

  What’s the situation of Afghan refugees in Pakistan?

  Pakistan has hosted one of the world’s largest refugee populations for nearly 44 years, as it started receiving Afghan refugees in the late 1970s. According to the United Nations Refugee Agency (UNHCR), there are 1.4 million registered Afghan refugees, around 840,000 of them registered between 2017 and 2018, plus around 775,000 undocumented Afghan migrants. Since the Taliban takeover of Afghanistan in August 2021, between 400,000 and 700,000 more have arrived in Pakistan to seek asylum and protection through embassies of countries such as Canada, Germany and the USA.

  But the Pakistani government hasn’t announced any policy to provide legal protection to new arrivals. In January 2022, the government barred the issuing of UNHCR asylum certificates to newly arrived Afghans, leaving them in a legal limbo. Acting on behalf of the UNHCR, SHARP has been the frontline organisation offering reception facilities.

  A few weeks ago, a refugee with three or four children ate a mouse poison pill while waiting for resettlement response. Fortunately, SHARP personnel were on site and she was promptly taken to the hospital and survived. This incident reflects the despair many Afghan refugees feel. They’ve spent all their savings coming to Pakistan and waiting while the cost of living only continues to increase. They often seek jobs but there is no legal provision for undocumented Afghans to work or do business. For that they have to use false Pakistani identities, and when they need to leave the country, they’re forced to sell all their assets for next to nothing. The absence of legal protections also leaves them vulnerable to forced labour, and young women are particularly vulnerable to sexual exploitation.

  Why has the Pakistani government ordered the expulsion of Afghan refugees?

  The situation in Pakistan remained peaceful for many years, largely due to the cultural and religious similarities between Pakistani and Afghan people. However, in 2014, an attack on school in Peshawar resulted in the death of over 150 students and teachers. More terrorist attacks followed across Pakistan. In response, the government made a national action plan to counter such attacks and adopted a zero-tolerance border management policy. This is because terrorists were believed to be entering Pakistan across the border with Afghanistan.

  Moreover, Pakistan is grappling with a difficult economic situation, including a fuel price hike and high unemployment, with political turmoil further complicating the situation.

  Social media also played a role by spreading content linking Afghan refugees to terrorism, negatively affecting public attitudes towards them. Repatriation of Afghans from Pakistan reached its peak in 2015, and relationships between host and refugee communities have increasingly deteriorated, with incidents of hostility continuously increasing over the years. Tensions escalated during cricket matches, leading to fights among Pakistani and Afghan supporters.

  In response, SHARP initiated community outreach sessions aimed at engaging young Afghans and Pakistanis to identify commonalities and prioritise them over differences to prevent further violence and create an environment of peaceful coexistence.

  How else is SHARP working to help Afghan refugees?

  We have partnered with the UNHCR for over 24 years and we operate in 14 offices with over 300 staff members in strategic locations. SHARP is the first contact point for anyone who enters Pakistan to seek asylum. Our role is to conduct a brief initial reception interview and collect documentation to put together the claims, which are reviewed and processed by the UNHCR for further interviews and the provision of protection documentation. We also provide free legal aid and assistance to refugees and migrants, psycho-social counselling and shelter services for the most vulnerable. We make referrals for medical services, emergency cash assistance and community-based protection services.

  Working alongside the UNHCR, last year SHARP submitted recommendations to the government, wrote letters to the Minister of Interior and met with the National Commission on Human Rights. I visited parliament three times to advocate for a policy for incoming Afghan refugees and the enactment of a national refugee law. Our recommendations stress the importance of a dignified and respectful approach aligned with humanitarian principles and long-term planning. We’ve urged the Pakistani government to engage with the international community, including the European Union (EU), to address this crisis and ensure that Afghans return home only voluntarily and in a dignified manner.

  It’s crucial to note that while Pakistan is not a signatory to the Refugee Convention, for a long time it has welcomed refugees on humanitarian grounds, treating them as friends. It shouldn’t jeopardise years of efforts by expelling them as foes. The government should establish registration centres and give people several months to come forward and register their claims for protection. As it lacks the required technical capacity and resources, it should work closely with international and civil society partners.

  Is Pakistan receiving the international supportit needs to tackle the situation?

  The refugee crisis is a challenge for global south countries, which often lack robust legal protection and face economic difficulties. Lured by promises from third countries, asylum seekers often come to Pakistan and countries such as Bangladesh, Iran and Tajikistan and then await international assistance for resettlement. In Pakistan, hundreds approach our office daily asking for resettlement support, and we try to help, working alongside the UNHCR and the International Organization for Migration.

  But the strain on Pakistani security, healthcare, education and other public services has become overwhelming. If the EU or an EU country urges us to host more Afghan refugees, they should first assess how many Afghan refugees they have welcomed in recent years and consider sharing the burden through resettlement programmes. The international burden-sharing mechanism isn’t working to provide breathing space for global south countries. There should be a flexible visa regime for Afghans who are stuck here in Pakistan and waiting to reunite with their families and friends in other countries.

  The situation worsened with the Ukraine crisis, because international support shifted towards addressing those humanitarian needs and the Pakistani crisis stayed largely neglected. Additionally, last year’s flash floods displaced nearly 3.4 million Pakistanis, killed around a million animals and affected numerous refugee communities. Although both the international community and the Pakistani government focused on addressing the consequences of the flood, many internally displaced people have been unable to return to their homes and are still living in camps. The ongoing conflict between Israel and Palestine may further divert international attention and resources away from Pakistan.

  We have already been warned that there would be huge funding cut by approximately 60 per cent in 2024, posing a significant challenge in maintaining work for humanitarian organisations with extensive operations across Pakistan. The uncertainty of survival over the coming year is a pressing concern for us. We appeal to the international community to share the responsibility of welcoming Afghan refugees and support Pakistani humanitarian organisations and the government to help asylum seekers rebuild their lives.

  ---

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

  Get in touch with SHARP-Pakistan through itswebsite or itsFacebook page, and follow@sharp_pak onTwitter.

• POLAND: ‘Civil society played a crucial role in ensuring the fairness of the election’

  CIVICUS speaks about Poland’s 15 October parliamentary election with Sonia Horonziak and Filip Pazderski, coordinator and head of the Democracy and Civil Society Programme at the Institute of Public Affairs (IPA).

  Founded in 1995, IPA is a leading Polish think tank and an independent centre for policy research and analysis that works to contribute to informed public debate on key Polish, European and global policy issues.

  What were the main campaign issues?

  The campaign was vicious, featuring hateful rhetoric, particularly directed at groups such as migrants. Opposition leaders, notably Donald Tusk, the head of the Civic Coalition, were targeted in every speech and interview given by members of the ruling Law and Justice party (PiS), even when it was completely unrelated to the subject matter.

  Despite the emotional nature of the campaign, opposition parties’ messaging focused on reversing the regressive changes introduced by PiS, in power since 2015. Their electoral promises included restoring the rule of law and improving cooperation with the European Union (EU) and international partners such as Ukraine, with whom relations have deteriorated in recent months. At times, however, they were caught in the trap set by the ruling party, especially regarding migration issues, and their rhetoric wasn’t always fair toward migrants. Nonetheless, the PiS campaign was way more aggressive and hateful.

  To react to that, in the final phase of the campaign the leaders of democratic opposition parties began to strongly emphasise their desire to temper social emotions and conflicts and bridge divisions. These were messages responding to the expectations of Poles, particularly from the group of undecided voters whose support was being fought for.

  What factors influenced the outcome of the election?

  Firstly, it’s crucial to note that, even though the official campaign started only weeks before the elections, PiS’s unofficial campaign has been underway for months, dominating the pre-election narrative. To this end, the ruling party extensively used public resources and received support from companies owned or controlled by the State Treasury. During the official campaign period, the public broadcaster exhibited a clear bias in favour of PiS, undermining the chances of any other party. Constant monitoring of the main news programme of the public TV broadcaster shows that PiS politicians were shown more often and only in a good light. By contrast, opposition party representatives were depicted only badly, and some very badly.

  Moreover, during the electoral campaign PiS introduced the idea of a referendum, which was clearly unconstitutional, on issues aligned with its political agenda. In the referendum, people were asked whether they approved of the privatisation of state-owned enterprises, an increase in the retirement age, the admission of immigrants under the EU relocation mechanism and the removal of the barricade on Poland's border with Belarus.

  The referendum allowed state-owned companies to engage in the electoral race and provide funding to the ruling party. This wasn’t subject to control or limitations, further contributing to an uneven and biased race in favour of PiS.

  However, the results favoured opposition parties, which secured enough seats to form a coalition excluding PiS. This indicated that people had grown tired of the hateful rhetoric and propaganda spread by the government. An IPA survey carried out earlier this year showed a significant increase in dissatisfaction with the country's political and economic situation. It was particularly high among young people and women, which contributed to their views being expressed at ballot boxes and the final outcome of the elections.

  No one expected PiS to gain enough votes to rule alone, but two possible outcomes were predicted. In one of them, PiS would be able to form a majority coalition with the far-right Confederation grouping. In the other, which eventually materialised, opposition parties would have the opportunity to govern together. A more even race might have yielded even higher results for the opposition bloc.

  How different are the parties that form the winning coalition?

  Each of the three groups forming the winning coalition – the Civic Coalition, the Third Way and the Left – comprises multiple parties. This raises the question of whether they will be able to stay together and form a unified front, or whether they will eventually split. Even though they have shared objectives, particularly those of restoring the rule of law and addressing corruption by implementing the EU’s whistleblower directive, they are divided on several issues.

  While all parties oppose the strict abortion ban introduced by PiS, the Third Way is more conservative on women’s rights, in contrast to the Left, which holds more liberal and progressive views. Harmonising positions on social contributions also presents a significant challenge: while all agree that over the past eight years PiS has drained the public budget, there is no agreement as to which social groups should receive continued support and which should see their assistance reduced. The Polish People’s Party, a member of the Third Way, could prioritise agricultural workers, while the Left might want to focus on upholding minority rights and the Civic Coalition may emphasise support for older people. But the interests of these groups can ultimately be reconciled, perhaps as a result of a compromise leaving some of the expectations of members of these groups unanswered. It will be a little more difficult to align policies aimed at supporting business activities, a particularly important issue for the Civic Coalition and the Third Way. And for entrepreneurs, the reduction of the tax burden is mostly an important issue, while the Left's ideas may lead to tax increases.

  There might also be tensions when it comes to appointing key positions and achieving a fair distribution of posts among coalition members, as several ambitious party leaders are vying for prominent roles.

  But opposition parties know people expect change. We hope they’ll be wise and prioritise crucial reforms in areas such as the rule of law and tackling corruption over personal and political disagreements. This election result also marks Poland's return to the centre of European policy debates and the possibility of unlocking much-needed funds from the EU’s National Recovery Plan.

  How did Polish civil society, including your organisation, engage with the electoral process?

  Civil society played a crucial role in ensuring the fairness of the election. Several organisations conducted extensive training for thousands of people who volunteered to become electoral observers, empowering them to oversee the elections and ensure compliance with the law. Civil society educated voters on election participation and organised several extensive campaigns to encourage turnout, especially dedicated to women and young people, resulting in a remarkable 74.4 per cent voter turnout, a record in Poland. Civil society engagement particularly contributed to increased participation by women and young people, with turnout among young people 20 per cent higher compared to previous elections. We did our best to increase people’s engagement because it’s essential to achieve a truly representative democracy.

  Another area of civil society involvement was in relation to the referendum. Almost all major civil society organisations (CSOs), including IPA, stated that the referendum was unconstitutional, manipulative, violated human rights and solely served the interests of the ruling party. We worked to inform and encourage people to vote in the parliamentary election while boycotting the referendum. This had a positive outcome: for the referendum, turnout was only 40 per cent, below the minimum validity threshold of 50 per cent, so its results were non-binding.

  Do you think the government’s relationship with civil societywill change under the new administration?

  Expectations are high for the new government to improve relations with CSOs. The PiS government propagated a narrative that part of civil society was politicised and worked against the interests of Polish nation. It was hostile towards organisations whose objectives didn’t align with government policies. During calls for public funds from ministries and government agencies, numerous well-established and renowned CSOs were excluded while organisations that had only existed for a few months or weeks and were clearly linked to PiS or its supporters were granted large amounts of money.

  Over the past eight years, civic space in Poland has not only shrunk but also shifted towards increasing support of CSOs aligned with the government’s ideology. These organisations have often received long-term support that will enable them to sustain their activities long after a change of government. Certain segments of civil society, mostly those working on human rights, anti-discrimination, LGBTQI+ rights, migrants and refugees, environmental protection and watchdog activities, have faced harassment as well as insufficient support.

  The major opposition parties have pledged collaboration with civil society and the implementation of policies formulated by CSOs across Poland in 17 thematic areas. The new government is expected to remain open to international cooperation, and not to marginalise independent CSOs but instead incorporate them into the political process, including on decision-making regarding the introduction or amendment of laws. There’s also a hope for fairer competition for public funds. We need to work on equal and non-discriminatory tools to support civil society and ensure its sustainability.

  What forms of international support does Polish civil society currently need?

  International solidarity has always played a crucial role for Polish civil society, particularly during the last eight years, when many CSOs wouldn’t have survived without it. The hope is that international CSOs and agencies, including those from the EU and the USA, will keep providing support and collaborating with Polish CSOs and the new government. This support is particularly important in the areas of democracy, the rule of law and anti-corruption.

  The international community might mistakenly believe that the positive election outcome resolves all issues in Poland, potentially diverting attention to other problematic regimes. We have already been through this once, when after 2010 many foreign donors left Poland, deeming their job finished. Shortly afterwards, populist-nationalist forces returned to power and it turned out that legal mechanisms and democratic standards were not strong enough to stop them taking control of the state.

  We need to understand this is just one victory, and there is much work ahead for both Polish civil society and the international community. Some donors have already withdrawn support for activities to defend and improve civic space across Europe. It is crucial for other donors, including private foundations, to step in and support each EU member so the union can develop and thrive.

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

  Get in touch with IPA through itswebsite or itsFacebook page, and follow@ISPThinkTank onTwitter.

• POLAND: ‘In reaction to conservative backlash, public support for LGBTQI+ rights is on the rise’

  

  CIVICUS speaks about 2023 Pride and Polish LGBTQI+ rights organisations’ response to the conservative backlash against LGBTQI+ rights with Annamaria Linczowska, advocacy and litigation officer at Campaign Against Homophobia (KPH).

  Founded 2001, KPH is a Polish LGBTQI+ civil society organisation (CSO) working to counter violence and discrimination based on sexual orientation and gender identity through political, social and legal advocacy.

   

• Response to DFID Civil Society Partnership Review

  Many in civil society will mourn the loss of the PPA. DFID core funding helped build capable and confident organisations that were able to plan long-term and holistic interventions. Any new system will introduce new uncertainties and administrative burdens that will hamper the effectiveness of civil society.
   
  We do welcome DFID’s commitment to supporting a diverse range of civil society actors, especially smaller and Southern organisations, and to doing more to support civic space. The focus on feedback loops and new forms of accountability has the potential to yield some exciting and transformative change.

  - Dr Dhananjayan Sriskandarajah, Secretary General, CIVICUS, the global civil society alliance

  For further information and to request interviews, please contact .

• SDGs: ‘Radical policy changes are our only hope of ending global poverty’

  CIVICUS speaks with Andy Sumner about the prospects for the Sustainable Development Goals (SDGs) and the underlying dysfunctions of the current global governance system.

  Andy is Professor of International Development at King’s College London, president of the European Association of Development Research and Teaching Institutes and Senior Fellow of the United Nations (UN) University World Institute for Development Economics Research.

  Why are the SDGs important?

  The SDGs are a set of global objectives that are for all states to pursue collectively, as part of the UN 2030 Agenda for Sustainable Development. They provide a framing for developing policy and a basis for developing strategy by setting goals and targets on poverty, nutrition, education, health and many other aspects of human wellbeing and sustainability. They are the most comprehensive blueprint so far for eliminating global poverty, reducing inequality and protecting the planet.

  The SDGs were agreed in 2015 and are to be achieved by 2030. They were approved by all states at the UN, which at least in principle gave them political legitimacy around the world. They are therefore a useful tool for civil society advocacy. They allow you to say to any government, ‘you said you would do this’, and chances are most governments will at least want to be seen to be trying and that means allocations of public spending and other public policies.

  Of course, the SDGs have their critics too, because there are a lot of indicators and some of the targets aren’t well defined and not easily measured. Some also say it’s a very top-down agenda developed by governments rather than bubbling up from the grassroots. Nevertheless, it does provide a set of key indicators of development that have been embedded in UN global agreements from many years. And in principle, governments can be held accountable for at least making some attempt to meet the SDGs.

  Are the SDGs going to be met on schedule?

  The world is currently far behind on the SDGs, at least regarding a range of global poverty-related SDGs. In a recent UN University brief and working paper I published alongside three colleagues from the SDG Centre, Indonesia at Padjadjaran University, we made projections for the SDGs on extreme monetary poverty, undernutrition, stunting, child mortality, maternal mortality and access to clean water and basic sanitation. Our projections indicate that economic growth alone will not be sufficient to end global poverty, and the global poverty-related SDGs will not be met by a considerable distance.

  Unfortunately, I think we are looking another lost decade for global development, not only due to the COVID-19 pandemic, which hit the SDGs hard, but also due to the enormous debt overhang from the pandemic and the price shocks that have come from the war in Ukraine.

  Looking ahead, there is a strong case for urgent debt relief. There is a debt crisis underway, in the sense that across the global south, and particularly in many of the world’s poorest countries, social, health and education spending is being squeezed simply to pay debt servicing. So this is a crisis not for financial markets but a crisis for real people.

  Much of the debt is owed to the International Monetary Fund (IMF) and the World Bank, so they could do something about this. Of course, there’s also some debt owed to China and private capital markets, which is potentially more complicated. Still, the IMF and World Bank could be more proactive. There are signs already that the situation is being recognised, but not enough urgency as the worry is driven by concern over debt defaults rather than the ongoing austerity crisis.

  Do you think failure to meet the SDGs is linked to structural flaws in the global governance system?

  I think it is possible to link the catastrophic failure on the SDGs to a failing global governance system. The measures that would be needed to meet the SDGs, notably debt relief and expanded funding, would require a deep reform of the international financing architecture.

  Right now, it doesn’t make any sense. The global south may receive official development assistance and other financial flows, but a substantial share kind of evaporates in that debt servicing is sent back to the north, notably via debt service to the IMF and World Bank. Then we can consider all the global south loses, in for example, profit shifting by global companies, illicit flows to and from tax havens, payments for intellectual property for use of technology and so forth. We do see major signs that climate change and exclusion from western vaccines may be among the issues leading to a new assertiveness by global south governments. Take for just one example the recent UN vote on a global convention on tax cooperation championed by the global south.

  Urgent reform of the governance of IMF and World Bank is needed that would lead to a change in their strategies around, for example, austerity conditionalities. For example, most of the agreements that more than 100 governments signed with the IMF during the pandemic included a range of austerity measures. This is totally inappropriate, especially if the goal is to meet the SDGs.

  A new financing deal is also needed to address loss and damage, not only in relation to climate change – for which a fund has already been agreed, although against the wishes of the global south, it is within the World Bank for now – but also in relation to colonialism and slavery, regarding which demands for reparations remain unaddressed.

  How can civil society best advocate for the SDGs?

  The SDGs are very often embedded in civil society campaigning because they offer a way to hold governments to account. They require that spending is redirected towards social spending, public education and public health and other priority sectors. As a result, they require that inequalities across income, education and health are addressed.

  Civil society should advocate for radical policy changes, because these are the world’s only hope of meeting the SDGs. What is needed is urgent debt relief, which would release funds for social and productive investments across developing countries, and a new focus on redistribution with growth both at the global and national levels.

  To change course, we need urgent policy action on two fronts.

  First, a stronger focus on inclusive growth and productive capacities. Specifically, new international financing needs to be made available through debt relief or other forms of finance to expand fiscal space across countries of the global south to allow a stronger focus on SDG 8 on decent work and economic growth. This financing should seek the expansion rather than contraction of social and productive spending.

  Second, that focus should entail redistribution alongside growth, through policies that build productive capacities, introduce, or expand income transfers to meet the extreme poverty target, and ensure sufficient public investment to meet the health, water and sanitation SDGs.

  In short, today’s trajectory demands a forceful, seismic shift towards redistribution, both globally and nationally. This is the pathway to follow if the world is to have any hope of achieving poverty-related SDGs.

  ---

  Get in touch with Andy throughLinkedIn and follow@andypsumner on Twitter.

  This interview was conducted as part of the ENSURED Horizon research project funded by the European Union. Views and opinions expressed in this interview are those of the interviewee only and do not necessarily reflect those of the European Union. Neither the European Union nor the granting authority can be held responsible for them.

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

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

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

  What’s at stake in the 2023 general election?

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

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

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

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

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

  What changes have been introduced to the electoral law?

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

• Suenan las alarmas mientras los gobiernos de la UE plantean financiar las ONG "políticas"

  Por Cathal Gilbert, Responsable del equipo de investigación sobre el espacio cívico de CIVICUS y por Giada Negri, Responsable de investigación e incidencia en el Foro Cívico Europeo

  Cada vez aparecen más figuras públicas por toda Europa que tergiversan el significado de la "actividad política". Afirman que las ONG se pasan de la raya cuando hacen campaña pública a favor de un cambio social o político, consideran que de alguna manera invaden un territorio reservado exclusivamente a los partidos políticos.

  Artículo disponible en inglés en: Diplomatic Courier 

   

• THAILAND: ‘Marriage equality is likely to pass – and inspire change in other Asian countries’

  

  CIVICUS speaks about the progress being made toward legalising same-sex marriage in Thailand with Mookdapa Yangyuenpradorn, an LGBTQI+ activist and Human Rights Associate at Fortify Rights.

  Founded in 2013, Fortify Rights is a human rights civil society organisation (CSO) working to bring laws, policies and practices in line with human rights standards through evidence-based research, strategic truth-telling and empowerment.

  Why are there currently four different bills in parliament aimed at legalising same-sex marriage?

  LGBTQI+ marriage is such a significant issue in Thailand today that bills to legalise it have been submitted to parliament simultaneously by the government and other political groups. It is unusual and encouraging to see political parties competing to propose changes that would benefit LGBTQI+ people.

  Out of the four bills up for consideration, one was submitted by the government, two were submitted by political parties, the Move Forward Party and Democratic Party, and another was submitted by civil society. The one submitted by the cabinet and approved by the prime minister takes precedence over the rest.

  The civil society bill was initiated by the Rainbow Coalition for Marriage Equality, which brings together numerous CSOs. It was developed at the grassroots level and drafted and submitted on behalf of Thailand’s LGBTQI+ people. It successfully made its way into parliament, with its authors securing seats in the readings as discussions progressed. It is uncommon for a bill proposed by civil society to enter parliament, so this is a very positive development.

  The civil society bill is also more progressive than the other three because it ensures parental rights for LGBTQI+ people and proposes a transitional procedure to allow LGBTQI+ couples to register their marriages and enjoy spousal rights while other relevant laws are still being revised and amended, rather than make them wait until all of the process is finished.

  Still, the primary objective is consistent across all four bills: they all seek to amend the civil and commercial code, which now defines marriage as a union between man and woman and grants them the status of ‘husband and wife’, by replacing these gendered words with the gender-neutral expressions ‘individuals’ and ‘spouses’. This simple change will enable LGBTQI+ people to register their marriages.

  How have LGBTQI+ activists advocated forthe bill?

  The constitution establishes that if a bill is proposed by a group of citizens or civil society groups, representatives from the initiating group should be involved with the parliamentary committee working on the bill. This provided space for LGBTQI+ activists to participate in the legislative process and advance their agenda. The Rainbow Coalition for Marriage Equality has played a crucial role in presenting a unified and consolidated stance on marriage equality in parliament. The activists currently engaged in discussions have been advocating for this bill for over a decade.

  As an advisor to the committee drafting the marriage equality bill, I provide expert opinions from the perspective of human rights law and international standards. For instance, I make sure the bill aligns with the International Covenant on Civil and Political Rights, among other international conventions and treaties, and incorporates good practices and advanced protections found in the laws of countries with marriage equality.

  What are the prospects of the same-sex marriage bill being passed?

  The bill will likely be passed, although it will take some time. The legislative process in Thailand involves three readings in the House of Representatives, the elected 500-member lower house of the National Assembly, followed by three readings in the Senate, the appointed upper house. Proposed legislation then undergoes scrutiny by the Constitutional Court and is ultimately signed into law by the king, then published in the Royal Gazette.

  The marriage equality bill is currently in its initial stage in the lower house. It successfully passed its first reading in December 2023 and is now undergoing its second reading. All four bills are now being examined and consolidated into a single version. The second reading is expected to finish by early March, after which the final bill will proceed to the third reading in the lower house before advancing to the Senate.

  The bill’s adoption seems highly likely because civil society’s decade-long public campaigning has succeeded in getting marriage equality included on Thailand’s main political agenda. Despite some challenges, prospects for adoption have gradually and steadily increased. The prime minister and cabinet have expressed their support and opposition to the bill has decreased. I believe it is just a matter of time until the bill becomes law and comes into force.

  What impact would the passage of this law have for LGBTQI+ struggles?

  Marriage equality is a lot more than a mere administrative process of signing papers. It’s about securing the rights of LGBTQI+ couples to adopt children together and be recognised as legal parents. It’s also a matter of life and death if an LGBTQI+ person is in an accident and their partner must give permission for them to undergo surgery or other medical procedures. Ultimately, the fight for marriage equality is about enabling LGBTQI+ people to live normal lives and form families. This is the true meaning of marriage equality that we are fighting for and the message we strive to convey to society.

  The legalisation of LGBTQI+ marriage would further raise awareness about LGBTQI+ issues in society, setting a solid stage for advancing other LGBTQI+ rights. It would be a firm first step towards full legal recognition of the rights of LGBTQI+ people, including parenting and inheritance rights, as well as equal social rights and other benefits currently enjoyed only by heterosexual couples. Moreover, a gender recognition bill is in line for parliamentary consideration.

  I also hope that the achievement of marriage equality in Thailand will inspire change in other Asian countries. We learned a lot from the experience of Taiwanese LGBTQI+ activists, who were the first to achieve legalisation of same-sex marriage in Asia, and I hope others will be able to learn from us too.

  Do you expect conservative backlash to happen?

  During the previous government led by the military junta, the regime attempted to project an image of Thailand as open to LGBTQI+ people, but reality told otherwise, as it disregarded LGBTQI+ rights and treated LGBTQI+ people as a deviant group with special needs. A 2021 constitutional court ruling even referred to LGBTQI+ people as a ‘special species’ that needs to be singled out and studied. This reflected the state’s views of LGBTQI+ people. Similar attitudes are occasionally present among the public, particularly among older generations, who still need to understand and get used to society becoming more inclusive and open.

  Islamic parties are likely to pose the biggest threat of conservative backlash. They have so far either abstained or voted against the marriage equality bill in parliament, but their current representation is low. However, in southern Thailand, where Islamic beliefs have significant political and cultural influence, there is potential for unequal implementation of the bill once it is passed.

  On a positive note, public attitudes toward LGBTQI+ people have improved over the past few years and discussions about LGBTQI+ rights, gender equality and social inclusion have become common on social media platforms. This positive shift can be attributed to the continuous efforts of LGBTQI+ activists in running public awareness campaigns.

  What international support do you need to further advance LGBTQI+ rights in Thailand?

  Based on my experience of organising protests on the ground, access to resources is key to advancing our cause, since these are scarce at the grassroots level of LGBTQI+ activism. Local activists, often students and young people who are not affiliated with renowned human rights organisations, play a crucial role as change-makers. However, limited funds hinder many young activists from becoming full-time human rights defenders, threatening the sustainability of the LGBTQI+ movement. I believe that for the movement to move forward sustainably, it is crucial to establish connections with international donors and explore ways to form a coalition of Thai LGBTQI+ activists to amplify our voices on the international stage.

  We are all passionate about claiming our rights, but passion alone is not enough. LGBTQI+ activism needs resources and support to continue to mobilise and sustain the movement.

  ---

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

  Get in touch with Fortify Rights through itswebsite orFacebook page, and follow@FortifyRights and@mdpyy on Twitter.

• UNITED STATES: ‘Every country should do their part to welcome people in need’

  CIVICUS speaks about new US immigration regulations withAaron Nodjomian-Escajeda, policy analyst on asylum and human trafficking at the U.S. Committee for Refugees and Immigrants (USCRI).

  Founded in 1911, USCRI is a non-governmental, not-for-profit international organisation committed to working on behalf of refugees and immigrants and their transition to a dignified life.

  What are Title 8 and Title 42 regulations?

  Title 8 and Title 42 are sections of the US Code that includes all permanent federal laws. Simply put, Title 8 governs immigration law and Title 42 governs public health law.

  Title 42 was never meant to be used as an immigration tool. It was applied in March 2020, at the onset of the COVID-19 pandemic, as a basis to provide public health services across the USA, but it also allowed border officials to rapidly expel asylum seekers and migrants to Mexico or their home countries without due process. As this was considered an ‘expulsion’ rather than a ‘deportation’, those subject to it were not given the right to seek asylum. Furthermore, no records were kept of an expulsion, which provided an incentive for people to attempt to enter the USA, via dangerous land routes, over and over.

  Even though thousands of public health experts denounced the use of Title 42 as ineffective for stopping the spread of COVID-19, the Biden administration increased the use of this authority to turn people away more than 2.3 million times. The Title 42 public health order was finally lifted on 11 May 2023.

  Title 8 contains the current laws and regulations pertaining to immigration and naturalisation, and outlines the processing of non-citizens at the border.

  What is the new so-called ‘asylum ban’, and how is it being applied?

  Now that the use of Title 42 has ended, the processing of migrants and asylum seekers has returned to Title 8 authority. Additionally, a new rule from the Department of Homeland Security (DHS) and Department of Justice is in effect. This rule, also referred to as an ‘asylum ban’, went into effect right after the Title 42 public health order was lifted, supposedly to address the expected surge in migration and further discourage irregular migration.

  The end of the use of Title 42 to expel migrants and asylum seekers is a good thing, but the new asylum ban is not.

  The asylum ban applies to anyone who presents at a port of entry at the US-Mexico border without a visa or pre-scheduled appointment, who enters without inspection between ports of entry, or who is apprehended in contiguous waters. The rule presumes all of them are ineligible for asylum unless they were granted prior permission to travel to the USA pursuant to a DHS-approved parole process, or were able to make an appointment to present themselves at the border using the smartphone app CBP (Customs and Border Protection) One, or have previously sought asylum and were denied in a country or countries through which they travelled. Unaccompanied children are exempt from this rule.

  The presumption of asylum ineligibility will apply in expedited removal proceedings, as well as to asylum applications affirmatively filed with the Asylum Office or filed in immigration court proceedings as a defence against removal.

  What are the lawful pathways of entry to the USA?

  ‘Lawful pathways’ include entering the USA through regular channels, such as tourist visas, humanitarian parole, or existing family reunification pipelines.

  The Biden administration also points to recently created pathways, including the parole process for Cubans, Haitians, Nicaraguansand Venezuelans, new family reunification parole processes for Colombia, El Salvador, Guatemala and Honduras, the opening of regional processing centres in Colombia and Guatemala, expanded access to the CBP One app, and an increase of the number of appointments available at each port of entry for individuals from all countries from 750 to 1,000 daily.

  People who enter the USA via an established pathway will not be subject to the asylum ban.

  What are the reasons migrants and asylum seekers don’t to use lawful pathways of entry?

  This parole framework for Cubans, Haitians, Nicaraguans and Venezuelans is only available for those who have a US-based sponsor, unexpired passports and the financial resources to travel to a US port of entry by commercial air travel. Many advocates see this as a type of means test, since many people fleeing harm do not have the luxury of a passport or resources to reach the USA via plane.

  There are additional access and equity issues with the CBP One app. Many migrants do not have smartphones. And even if they have one, they may lack adequate wi-fi or a data plan. Asylum seekers can be exempted from the rule if they prove it was impossible for them to access or use the CBP One app due to a language barrier, illiteracy, significant technical failure or other persistent and serious obstacle. However, in most cases proving a language barrier or illiteracy is not enough, and asylum seekers must show that they have asked someone for assistance to use the app and were still not successful, which puts them at risk of exploitation.

  What are the exceptional circumstances in which unlawful entry isn’t supposed to be penalised, and how is it implemented in practice?

  People can rebut the presumption of asylum ineligibility if they demonstrate that, at the time of entry, they or a member of their family with whom they were traveling faced an acute medical emergency or an extreme and imminent threat to their life or safety, or were a victim of a severe form of trafficking.

  If one family unit member establishes an exception or rebuts the presumption, the presumption will not apply to the entire family unit. All family members, including children, will be interviewed prior to determining whether the presumption of ineligibility applies.

  In theory, people should not be turned back at the border. Even under the asylum ban, people should be able to present themselves at the border without a CBP One appointment or having been denied asylum in their country of origin. However, if they are unable to prove they can overcome the rebuttable presumption, they will only be eligible for the lesser protections of statutory withholding of removal and protection under the regulations implementing US obligations under Article 3 of the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. In practice, there have been reports that the Mexican Commission for Refugee Assistance and CBP officials have turned individuals away at the border even when they have cited fear of return.

  Is the new regulation compliant with international standards on refugee protection?

  Advocates believe that the asylum ban violates the principle of non-refoulment, which means that a person should not be returned to a country where they face serious threats to their life or freedom, cemented in international standards outlined by the 1951 Convention Relating to the Status of Refugees and its 1967 Protocol.

  The rule is already facing challenges in court. The American Civil Liberties Union, the Center for Gender and Refugee Studies and the National Immigrant Justice Center have amended their complaint in the East Bay Covenant Sanctuary v. Biden lawsuit to include claims that the rule is unlawful. USCRI, along with the United Nations High Commissioner for Refugees and many other advocates, has denounced this rule and continues to call on the administration to rescind it immediately. It does nothing to protect the most vulnerable and creates additional inequities in an already difficult system.

  What impact has the regulation change had so far?

  USCRI was at the border the day after Title 42 ended to observe the immediate impact of the change. The administration and many others warned about a ‘surge’ of migrants rushing to border as soon as Title 42 ended. However, this was not the case; the situation at the border remained calm. There were reports that people were trying to enter the USA before the cruel new asylum policy took effect. In fact, border crossings have decreased more than 70 per cent since the implementation of the asylum ban on 11 May. The administration touts this as a result of its ‘comprehensive plan to manage the border’. However, to me, it shows that many people trying to reach safety are not able to access life-saving protection via the asylum system.

  What obstacles does US civil society helping migrants and refugees face?

  The greatest limiting factors are that people seeking asylum in the USA or in removal proceedings do not have access to federal benefits, including housing. Right now, there is a housing crisis and some civil society organisations have limited resources from emergency food and shelter funds, while many volunteers are offering shelter in churches or in their own homes.

  Another major barrier is the difficulty in providing legal counsel to immigrants in asylum hearings in CBP custody. In alignment with the asylum ban, the administration increased the use of expedited asylum screenings and brought back the harmful practice of conducting ‘credible fear interviews’ in CBP facilities. The goal is to conduct these within as little as 24 hours, which does not give people time to prepare their asylum case or access legal help. USCRI led a letter that was signed by over 90 organisations and sent to the administration outlining concerns about this practice. A more recent letter, which USCRI supported, went to the administration outlining how those concerns have in fact materialised. We continue to advocate through letters and engagement sessions. However, the administration has decided to fully embrace enforcement and pushback policies.

  What international support does US civil society working with migrants and refugees need?

  Everyone in this field needs funding, but the USA is one of the most financially able countries in the world, hence support should not come from the international community. The administration should do a better job of funding civil society initiatives and allowing the American people to continue welcoming individuals in need, as they are ready and willing to do so.

  As international factors such as armed conflict and climate disasters continue to push people from their homes, it is important that every country does their part to welcome them. One country cannot do it all but if everyone comes together, we can empower hope. World Refugee Day is a good rallying point for doing so.

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  Civic space in the USA is rated ‘narrowed’ by theCIVICUS Monitor.

  Get in touch with USCRI through itswebsite orFacebook page and follow@USCRIdc on Twitter.

• Why community philanthropy enables people-powered, sustainable development from the ground up

  By Clara Bosco

  Across the board, civil society groups are finding it increasingly difficult to organize in ways that pursue a radical transformation of the current social and economic structures, while also mobilizing the resources needed to keep on keeping on.

  Read on: Global Fund for Community Foundations

• ZIMBABWE: ‘Election violence is a cover for ideological ambivalence and lack of substantive programmes’

  CIVICUS speaks about the general election in Zimbabwe and the role of civil society with Wellington Mbofana, former director ofthe Civic Education Network Trust (CIVNET), a civil society organisation (CSO) that recently shut down due to lack of funding, and a former board member of several Zimbabwean CSOs.

  What was at stake in this election?

  It’s difficult to pinpoint a single crucial issue that was at stake. Over a considerable period, Zimbabwean elections, much like those in other parts of Africa, have ceased to revolve around substantive issues and have instead become centred on political parties and personalities. This trend is evident in this election, in which major political parties failed to present their manifestos in a timely manner. The main opposition party, Citizens Coalition for Change (CCC), unveiled its programme merely two weeks prior to voting, while the ruling Zimbabwe African National Union-Patriotic Front (ZANU PF) didn’t even bother.

  Given the crumbling state of the economy, reflected in record-breaking unemployment, pervasive economic informality, escalating poverty, the world’s second-highest inflation rate and a sense of hopelessness, economic strife remained the most prominent concern for voters. Ideally, the competition should have revolved around two or three contrasting strategies for addressing these economic woes. However, what we observed was a cloud of obfuscation. The ruling party advanced a narrative that conditions are improving and investors are flocking to the country, but progress would be even greater if it weren’t for sanctions imposed by Western states. The opposition pledged to outperform ZANU-PF across all fronts. But neither specified how they would fund their proposed initiatives.

  To deal with Zimbabwe’s predicament effectively the government would need to confront a range of issues, including land reform and productivity, water shortages, electricity generation, infrastructure development and urbanisation and, most importantly, guarantee the required funding.

  It should have been important to ensure the meaningfulness of this election because when elections fail, civil unrest and coups ensue, a truth that Africa has repeatedly witnessed.

  Was there any election-related violence?

  The prevalence of violence in all its manifestations – physical, structural and cultural – remains an unfortunate hallmark of Zimbabwean elections. Lives have been lost, injuries endured and property destroyed as a result.

  It is also important to note that because of its fractured politics, the country is in a perpetual election mode. Over the past five years, we have had multiple recalls from parliament and local authorities, leading to by-elections. Instances of intra-party violence have also occurred during parliamentary and primary elections. The culture upholding the idea that wielding the strongest fist is the key to ascending to power must change. Violence is a cover for ideological ambivalence and lack of substantive programmes. Who needs a manifesto when you can use force?

  What tactics did the government use to stifle dissent in the run-up to the election?

  The ruling party stands accused of engaging in lawfare, a tactic that uses laws to constrain the opposition and human rights defenders. These efforts are facilitated by an allegedly captured judiciary. A prominent CCC legislator, Job Sikhala, along with other political activists and human rights defenders, languish in remand prisons on spurious allegations after being denied bail.

  The government introduced controversial laws aimed at silencing dissent. The Private Voluntary Organisations Amendment Bill and the Criminal Law (Codification and Reform) Amendment Act, commonly called the Patriotic Bill, are clearly designed to deal with critics of the government.

  The Patriotic Bill came into force on 14 July 2023. With this bill, the government created a new crime of ‘wilfully injuring the sovereignty and national interest of Zimbabwe’.  The scope and definition of this offence is vague. There are valid concerns that law enforcement agencies will interpret the law broadly and use it to stifle and penalise the work of independent civil society.

  Citizens and permanent residents of Zimbabwe will be found guilty if they participate in meetings aimed at discussing or plotting armed intervention in Zimbabwe, subverting or overthrowing its government and implementing or extending sanctions or trade boycotts against Zimbabwe. A meeting encompasses any form of communication involving two or more people, regardless of whether it takes place offline or online.

  Participating in discussions about armed intervention can result in life imprisonment or the death penalty if the meeting involves planning such an intervention. Discussing subversion or overthrow of the government is punishable by up to 20 years in prison. Taking part in meetings discussing sanctions or trade boycotts can lead to a fine of up to US$12,000 or up to 10 years in prison, or both. Aggravated offences may lead to consequences such as the termination of citizenship for those who are not citizens by birth or descent, cancellation of residence permits for non-citizens and disqualification from voting or holding public office for five to 15 years.

  In the hands of overzealous and partisan law enforcement agents, this punitive law is very dangerous. It seems to target not only the opposition and civil society but also factions within the fractured ruling party and the military. It likely seeks to prevent a recurrence of a military-assisted transition, which brought the current government to power in 2017. That coup was willingly accepted by powerful global players, including the African Union and the Southern African Development Community (SADC), which inadvertently endorsed the idea of military change of power.

  How did Zimbabwean civil society engage with the electoral process?

  Civil society was actively involved in electoral activities throughout the electoral cycle. CSOs play a pivotal role in providing voter education, observing elections, advocating for electoral reforms, safeguarding human rights and offering legal, medical and psycho-social assistance to victims of human rights violations.

  Both local and international observers were generally allowed and accredited. However, there were isolated cases, such as the denial of accreditation to Musa Kika, allegedly due to security risks, while some local citizens encountered intimidation, harassment and threats from unidentified people after engaging with international observers.

  But unfortunately, the last couple of years have been very difficult for Zimbabwean. Several CSOs have shut down. CIVNET, a major organisation providing civic education, closed its doors this year due to lack of funding.

  The Zimbabwean economy is too fragile to support a strong civil society, which heavily relies on international donors and solidarity. Further international support should be rendered to all groups promoting development, good governance, human rights, justice and the rule of law. The international community should also amplify local voices and exert pressure on the Zimbabwean government to act in accordance with international human rights and democratic standards.

  What did CIVNET work on?

  CIVNET operated through three main programmes: the Citizen Participation Programme, including two projects on constitutionalism and voter education, the Leadership Development Programme and the Peace Building Programme.

  The Citizen Participation Programme encouraged citizen engagement in governance and development, fostering collaboration between communities and local authorities through participatory workshops and development projects. The Constitution and Constitutionalism Project aimed to raise awareness about the significance of the new constitution and share information on how to use it to exercise human rights and honour obligations as citizens.

  The Leadership Development Programme enhanced leadership skills of people engaged in community projects. Our graduates now lead various Zimbabwean CSOs and work in local authorities and parliament. CIVNET contributed to the formation and development of CSOs such as the Zimbabwe Election Support Network, the Zimbabwe Peace Project and the Media Monitoring Project of Zimbabwe. It was also a key member of the Zimbabwe Human Rights NGOs Forum.

  The Peace Building Programme helped people and communities divided by conflict to reach out to each other and mend broken relations. This was done through creatively designed workshops that provided security and safety to both victims and perpetrators of violent conflicts. Mediators were also trained to address local disputes, resulting in transformed relationships and improved dialogue within previously divided communities.

  To what extent could the election be called free and fair?

  The concept of free and fair elections involves political freedoms and fair processes prior to elections, culminating in the casting of votes by well-informed eligible voters able to vote freely for candidates and parties of their choice. A transparent tally of all valid votes, accurate result announcements and universal acceptance of the election outcomes by all parties are integral components of this concept.

  Past elections in Zimbabwe have been contested at courts and other institutions. For Zimbabwe to uphold its position within the international community, this election would have to gain universal recognition as credible, legitimate and conducted in a free and fair manner. It would be key to ensure the acceptance of its outcome and secure peace and stability to attract investors.

  The 2023 election was disputed in the legal arena even before a single ballot was cast. This may be a harbinger of future developments. On 12 July, the Electoral Court disqualified a presidential candidate, Savior Kasukuwere, whose participation had been previously permitted by the Nomination Court. Then the High Court disqualified 12 CCC parliamentary candidates, ostensibly for late filings, although the Nomination Court had accepted their submissions. Both decisions favoured the ruling party. However, following an appeal, the Supreme Court overturned the High Court’s verdict on the 12 CCC candidates, leading to their reinstatement on the ballot. On 19 July the electoral court ruled in favour of a leader of the opposition United Zimbabwe Alliance party, Elizabeth Valerio, whose candidacy had been initially rejected by the Zimbabwe Electoral Commission (ZEC), also for alleged untimely filing.

  Declaring the election to be free and fair would be unreasonable given the political environment characterised by violence, intimidation and voter suppression, non-transparent processes with the electoral roll and ballot paper printing, pre-voting by security personnel, biased media coverage, opposition rallies barred by the police, vote buying through handouts, influence from traditional and religious leaders on voters, misuse of government resources for party campaigns and indications that some parties will reject any outcome other than their own victory, implying that the ruling party wouldn’t have handed over power if it had lost. Indeed, SADC decided to abandon the term ‘free and fair’ regarding Zimbabwean elections, instead referring to them as ‘legitimate’.

  What electoral reforms are needed?

  Adherence to rule of law and impartial management of elections is essential. The ZEC should enforce the Electoral Code of Conduct, safeguarding the right for all to express their political views and campaign freely. It must also ensure fairness by curbing the misuse of state resources, preventing intimidation, harassment and destruction of campaign materials and improving voter education.

  The police should fulfil their constitutional duties impartially, without bias, fear, or favour. Political parties should adhere to the Code of Conduct for Political Parties and Candidates. This entails refraining from violence, misuse of public resources for partisan ends, coercion and intimidation of the electorate and inciting violence through hate speech and derogatory language.

  Were there any issues with people being prevented from voting, and what do you expect to happen next?

  A high turnout was to be expected given the high stakes. The economy has done its own campaign, motivating people to participate. The ruling party also mobilised people, especially in rural areas, by any means necessary.

  However, many voters might not have been able to locate their names on the register. The polling station-based system is such that people living in a specific neighbourhood can only vote at a certain polling station. In the 2018 election, a lot of people found their names had been removed from their usual stations without a change having been requested, while others who requested changes after moving to other districts saw those changes unimplemented. Following the election, many constituencies and councils had elected representatives recalled by political parties in power. Since there are no guarantees that this won’t happen again, some people may have been discouraged from voting.

  Based on experience, disputes around results and their resolution by the courts are to be expected. Given that the judiciary is perceived to be captured and judges were given significant ‘housing loans’ before the election, judgements against the opposition are also rightly likely to be perceived as unfair.

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