political reform

Citizens' Security Law under reform, Rule of Law in Spain at stake
Commissioner Didier Reynders
European Commission
Rue de la Loi 200 / Wetstraat 200, 1040 Brussels
Cc: Vice President Vera Jourová, Commissioner Helena Dalli

Objectif: Citizens’ Security Law under reform, the right to freedom of peaceful

assembly and expression, rule of law in Spain at stake

Honourable Mr Reynders,

This letter is sent on behalf of No Somos Delito, a broad coalition of more than one hundred associations and social movements belonging to a significant segment of the Spanish civil society, together with Defender a quien Defiende, European Civic Forum, CIVICUS and Civil Society Europe.

In 2015, a very restrictive law, the Organic Law on the Protection of Citizen Security(2015/4, commonly known as Gag Law), was adopted in Spain. This Law has strained freedom of assembly and expression, including targeting journalists covering police actions during public gatherings, with negative repercussions on the Rule of Law. The Law is currently in the process of reform.

We are writing to call on the European Commission to implement its mandate of ensuring the Rule of Law is upheld in a key moment for the guarantee of fundamental freedoms and Rule of Law in Spain by:
- Meeting relevant Spanish CSOs that have been working to mitigate the negative impact of the Law on fundamental rights and the Rule of Law;
- Expressing publicly with a statement on the Law reiterating the analysis of the 2021 rule of law report on Spain, calling for impact assessment and engagement of civil society in the reform process and for ensuring the reform will address concerns raised;
- Engaging in dialogue with the Spanish Government to ensure the guarantee of fundamental freedoms and Rule of Law in Spain.
Already in 2015, several UN Special Rapporteurs denounced that this Law represents a threat to fundamental rights and should be rejected^{^[1]}. More recently, the Venice Commission of the Council of Europe issued an opinion pointing at the disproportionate and arbitrary nature of the restrictions on fundamental freedoms imposed by this Law^{^[2]}. The European Commission 2021 rule of law report on Spain also stated with regards to the Law that if a "norm leads to abuses in practice, this norm should be changed, circumscribed, or accompanied by additional safeguards" and called for an in-depth assessment of its impact on fundamental rights^{^[3]}.

After many years of pressure by civil society and human rights groups, finally, the Government started a process of reform of this Law. However, the reform in its current form does not overcome the repressive nature of the Law as it does not address the more detrimental articles concerning the right to freedom of assembly, expression, and information, as well as other human rights.
- The draft reform does not put in place measures to guarantee the right to freedom of information with regards to the recording of images or video of police officers on duty, which is crucial to ensure police accountability. The sanction for recording police images and personal data "that could endanger the safety of the agents" is not eliminated but qualified. The recording will still be sanctioned when "it entails a certain danger", and it will be the police to decide on this possibility (art. 36.23, serious offence, fine of 601 to 30.000€). This provision has been applied against journalists covering the actions of the law enforcement forces during public demonstrations.
- The draft reform fails to withdraw the 'presumption of the veracity of police officers (art. 52) from the Law, which continues to allow police arbitrariness and to violate the right to a fair trial(Art.6 ECHR) and the right to an effective remedy (Art. 13 ECHR).
- The draft reform does not withdraw the most applied offences in the repression of protest, namely "Disobedience" (Art. 36.6) and "Disrespect" (art. 37.4). As pointed out by the Commission of Venice in March 2021, the vague terms allow police arbitrariness and undermine legal certainty^{^[4]},putting at risk the Rule of Law.
- The draft reform fails to guarantee the principle of non-discrimination in the regulation of identifications (art. 16), searches (art. 18) and frisks (art. 20). It does not prohibit ethnic and racial profiling, nor does it implement effective mechanisms for its prevention, as recommended by the UN Working Group of Experts on People of African Descent on its mission to Spain in 2018^{^[5]}. Specific measures should also be taken to guarantee the rights of the LGTBIQ+ community. Such measures would contribute to implementing the EU Anti-racism action plan principles and the LGBTIQ Equality strategy.
- The draft reform also fails to establish mechanisms of control to ensure police accountability, such as proper identification of police officers and to ban the use of rubber bullets as an anti-riot material. This weapon does not allow compliance with international human rights standards because of its lack of precision and traceability^{^[6]}. Rubber bullets have been used against journalists while performing their professional duties in public demonstrations^{^[7]}, which constitutes a violation of the right to freedom of information as sentenced by the European Court of Human Rights^{^[8]}.
The Citizens' Security Law reform process is a crucial opportunity to strengthen the Rule of Law and protect civic space in Spain. However, without the inclusion of these provisions, the repressive nature of the Citizens' Security Law will remain unaffected and continue to have a negative impact on rights and freedoms. For this reason, we call on your institution to support civil society to protect the Rule of Law in Spain.

Yours sincerely,
No Somos Delito (Spain)
Defender a quien Defiende (Spain)
European Civic Forum (Europe)
Civil Society Europe (Europe)
CIVICUS (Global)

The civic space in Spain is rated as 'Narrowed' by the CIVICUS Monitor.

1- For more information, see

https://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=15597&LangID=E.

2- For more information, see https://www.venice.coe.int/webforms/documents/?pdf=CDL-AD(2021)004-e.

3- European Commission, Rule of Law Report Country Chapter on the rule of law situation in Spain, 2021.

4- Opinion by The Venice Commission (22 March 2021)

5- See: https://undocs.org/en/A/HRC/39/69/Add.2

6- Novact and Irídia (2021), Stop Balas de Goma. Report - Executive summary.

7- For more information, see: https://www.eldiario.es/catalunya/jueza-no-identifica-policia-disparo-bala-goma-periodista-protestas-sentencia-proces-archiva-caso_1_6752210.html

8- Najafli c. Azerbaijan (oct.), no. 2594/07, ECHR 2012
ETHIOPIA: ‘Civil society can play a key role in overcoming divisions’
CIVICUS speaks to Yared Hailemariam, Executive Director of theAssociation for Human Rights in Ethiopia, about recent political reforms in Ethiopia, the opening opportunities for civil society and the prospects for further change.

Can you tell us about your background and how the political reforms introduced in Ethiopia since 2018 by Prime Minister Abiy Ahmed have impacted on you?

I used to work for the Ethiopian Human Rights Council (EHRCO), a civil society organisation (CSO) established in 1991 by people concerned about the human rights situation in Ethiopia at that time. This was just after the removal of the military junta and its replacement by the current ruling coalition, the Ethiopian People’s Revolutionary Front (EPRDF). I joined EHRCO as an investigator in 1998, and then came the notorious 2005 elections, which the government rigged and which were followed by violence. There were mass killings in the capital, Addis Ababa, in June 2005, and then my colleagues and I were targeted by security forces and detained several times. One time we were detained for a couple of weeks. After we were released there were more clashes between government security forces and opposition members and supporters. Just before the second round of massacres in November 2005 I left the country to attend a conference in Uganda, and while I was there I found myself in the wanted list, so after that I was in exile.

I returned home in January 2018 for the first time after 13 years in exile. Currently I’m leading the Europe-based Association for Human Rights in Ethiopia, which is an organisation that was working to fill the gap, because Ethiopian civil society was under threat and not able to do any advocacy activities outside the country. They were not able to conduct any research or reach the international community. So some of my colleagues who left the country and I established this association in 2013. We conducted undercover research in Ethiopia, but mostly we have focused on advocacy. I was working mostly at the United Nations (UN) Human Rights Council, the African Commission on Human and Peoples’ Rights and with European institutions. We were doing advocacy together with CIVICUS, the Committee to Protect Journalists, DefendDefenders, Front Line Defenders, Human Rights Watch and other partner organisations. But now we are allowed to go back home.

What are the main differences the political reforms have made for Ethiopian civil society?

In the last 10 years, civic space in Ethiopia was in a very horrible condition but now, following these reforms, it’s seen a really huge change. Civic space has opened widely.

The previous law was very restrictive. It targeted civil society working on rights-based issues, but now CSOs are encouraged. The Civil Society Proclamation, a very draconian piece of legislation, has been reformed, and the process was very open and civil society was respected in it. The new draft accommodated all our concerns. The previous law established an agency that monitored the activities of civil society that was very authoritarian and limited the work of civil society, but that institution has also been reformed. In the new agency there’s a presence of civil society and independent representatives, as well as people from the government. I visited the agency. They are very friendly, very open and work really closely with civil society.

Just a year and a half ago, international human rights organisations were not able to organise any meeting or training activity, or even visit Ethiopia. I’ve now been able to conduct capacity development workshops in Addis Ababa. So, the impression I have is one of huge progress that is very satisfactory for local civil society.

The opening of civic space in Ethiopia can be also a good example for other countries that had followed the bad practices of Ethiopia.

How has civil society responded to the changes?

There is now a lot of activity, including training and workshops, and it’s open to international human rights organisations. They are providing capacity development training and financial and technical support to local civil society, which is also receiving support from donors, embassies and the international community. These opportunities are new. Local civil society can now recover and rehabilitate from its past limitations, and reach the international community, because people can also now travel.

What are the major challenges that remain for civil society?

Because of the impact of the previous laws and because CSOs were labelled as enemies of the state they were restricted in their development, and now they have challenge of getting back to attracting skilled professionals. CSOs have opportunities but they don’t have the capacity to explore and exploit all the opportunities that come to their door. That’s the big challenge. I interviewed some CSOs that don’t know how to prepare a proposal to attract donors and don’t know how to do advocacy. I met some donors who told me that they want to provide support to local civil society but there is shortage of skilled people who can prepare proposals and report back to them at the level they require. Now an election is coming in 2020 and many CSOs want to engage with this process, but even prominent CSOs have told me that they don’t know how to approach donors and how to submit good proposals to get grants.

So there is a huge gap now, and that’s the area where we are trying to support local CSOs to develop skills. There is a need for people from outside. What I’m saying to the international community is that it’s not enough to go there and do training; if they send one or two experts for some months these experts could help strengthen and offer support for some prominent CSOs.

Given that the reforms are emanating from the prime minister, what are the risks that could hinder further reforms?

There are potential dangers. Reform is still at the top level. The prime minister promised to reform the country through a democratic transition and to open up the political space. You can feel that there is a change in the country and there is some political willingness at the top level, but at the same time the regime has huge and very complex bureaucratic structures.

Most government structures, offices and institutions are full of political appointees from parties in the ruling coalition. That makes it really difficult to reform organisations. Even when the central government in Addis Ababa says something or a new law or regulation is adopted, it may not go very deep. Reforms may not go deep through to the bottom of bureaucracy, to the structures. People are starting to complain in public media that the government is saying the right things, reforming the law, appointing new faces to high-ranking positions, but the suffering still continues at the lower level. So, that’s one challenge, and there is still no clear roadmap that shows how the central administration can improve this mess

People who were appointed because of their political affiliation rather than their talents now feel under threat. They fear they may be moved or replaced. So in some regions we have seen that some movements are trying to shift the direction of reform. Some people linked to the old regime are still in control of their regions and are trying to instigate conflicts. They have money and weapons, so they can manipulate regions to instigate ethnic conflicts.

The EPRDF is a coalition of four major parties that are now not united like they were before and are publicly disagreeing. There are tensions between the Amhara and Tigray regional governments, and recently a conflict erupted in the border area between the Amhara and Oromia regions. In the past, these groups acted together because they were fully dominated by the Tigray People’s Liberation Front and the other parties were used as a tool. But now, each of the regional governments considers themselves as effectively a sovereign state so there is competition. Each regional state is recruiting and training militias, such that each region has thousands of fully armed forces.

There is a fear that the administration in Addis Ababa has failed to control these dynamics of conflicts and tension within the ruling coalition that might affect the unity of the country. We don’t know in which direction it will lead us, but there are clear tensions. There is tension between the ruling party members and the different coalition parties, there is ethnic tension, and in each region there are extremist elements, groups that spread hate speech and advocate the removal of other targeted ethnic groups from their region. Ruling parties are also competing and fighting with the extremist groups in their regions. Because of this, the Addis Ababa administration is failing to reinforce the rule of law.

In some regions, the instability is such that there are huge and serious debates about the dangers of holding the election. Some parties are requesting that the election be postponed for at least six months because of extreme elements, and the fear that people will be targeted and attacked and wouldn’t be moved from region to region to mobilise their supporters or open offices. Some parties are restricted from moving and are now only able to work in Addis Ababa, and maybe a few more cities where they are given full security. So, many parties have requested a delay. But on the other side, extreme and ethnic-based parties are requesting that the government conducts the election on its planned dates. They have already declared that if the election day changes, even by one day, they will call for a protest, and that might create more problems. So now the Addis Ababa administration faces a dilemma. If the election is conducted on its time, I’m sure that ethnic nationalist extremist parties that are instigating violence will win seats in parliament. These upcoming days, weeks and months will be a very difficult time for Ethiopia.

What role is hate speech playing in stoking ethnic conflict?

People are living together and still sharing values. In Addis Ababa you didn’t feel it. People are living their normal lives and going about business as usual. It is the elites and their activists who are using social media to spread hate speech instigating ethnic tension, violence and targeting of certain groups of people. They have followers, and when they call some kind of violent action you immediately see that there is a group on the ground that’s ready to act and attack people.

In the last year and a half almost three million people were forced into internal displacement. Ethiopia is now in the 10 highest countries in the world for internal displacement. This has happened in the last year and a half because of ethnic conflicts. Hate speech is spreading easily and very quickly through phones and social media, especially Facebook. Some of the calls for ethnic conflicts are coming from outside Ethiopia, including Europe and the USA.

Now the government is drafting a new law to regulate hate speech, but it’s really hard to tackle.

How can further political reform be encouraged?

We all, especially human rights activists and researchers, including from the international community, need to encourage this reform in many ways. We need to support the strengthening of national human rights institutions, including the Ethiopian Human Rights Commission, and strengthen the capacity of local civil society.

Civil society could play a key role in overcoming divisions, given that political parties and some media are ethnically based. Because civil society is neutral, the international community should focus on strengthening its capacity to play a key role in shaping the behaviour of new generations, who are vulnerable to being used by political elites. Civil society could give broad-based civic education to nurture good citizens who understand their responsibilities.

In short, we need to focus on how to strengthen the capacity of civil society to support the positive achievements and political reforms going on in Ethiopia.

What are the most urgent support needs of civil society?

There are many ways to support local civil society, and not only by providing money. As I said earlier, there is now the possibility to receive funding, but people still need skills to apply for and use these grants. So, in addition to financial support, local civil society needs skill training in various aspects, including in advocacy, research methodologies, monitoring and documenting human rights, and they also need to network, and not only at the national level. They need support to connect themselves to the outside world, to the UN Human Rights Council and other international and regional mechanisms. Local civil society is not able to use these processes well, and some don’t know how to engage with these international mechanisms at all. So, they need the guidance and support of the international community.

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

Get in touch with Association for Human Rights in Ethiopia through itswebsite orFacebook page.