defamation
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BOSNIA AND HERZEGOVINA: ‘Civil society has failed to spark people’s activist side’
CIVICUS speaks about deteriorating civic space in Bosnia and Herzegovina (BiH) withAida Daguda and Dajana Cvjetkovic, director and programme manager atthe Centre for Civil Society Promotion (CPCD).Founded in 1996, CPCD is a civil society organisation (CSO) working to strengthen civil society and citizen participation in BiH and the Western Balkans through capacity development, advocacy and campaigning.
What are civic space conditions like in BiH?
In our nearly three decades working in civil society in BiH and the Western Balkans, we have never witnessed such a rapid deterioration of civic space. Our organisation, along with other CSOs, is deeply concerned about two new pieces of legislation introduced in Republika Srpska (RS), one of the two entities that make up BiH.
The first bill, already adopted, reintroduced criminal defamation into the legal system. The second, currently under parliamentary debate, is a ‘foreign agents’ bill that would criminalise CSOs that receive foreign funding or assistance for ‘political activities’ and give state institutions the power to shut them down. This would be just another tool to further restrict civil society in the hands of government authorities, who already use the mechanisms in place to oversee the work of CSOs and exert pressure and threaten us. Over the past year there have been more inspections of CSOs than ever before, specifically targeting smaller and more vocal organisations.
By silencing independent media and civil society, RS President Milorad Dodik seeks to eliminate public scrutiny and criticism in an entity marred by criminal activities and corruption and undergoing a difficult economic situation. The government is resisting democratic oversight and trying to eliminate all forms of critical thought among the public.
Moreover, in April 2023 the Sarajevo local government proposed amendments to local public order laws that would penalise the spread of ‘fake news’ and criticism of state authorities. Although the draft bill was withdrawn in June due to the public outcry it caused, the authorities have expressed their commitment to reintroducing a modified version of the bill.
These are all signals that the situation for civil society is rapidly worsening in RS and in BiH as a whole, with severe limitations being introduced on freedoms of association and expression.
How has Bosnian civil society organised against the restrictive bills?
A part of RS’s civil society is well organised and experienced in advocacy and campaigning. But overall, there are fewer than 10 CSOs that are strongly committed to their human rights mission and vision, while the rest maintain links with the government that make them less vocal against repressive laws. We provide support with expertise and funding to independent CSOs in RS, but we must be discreet because we are based in the Federation of Bosnia and Herzegovina, the other entity that composes BiH, and our help tends to be misunderstood by both politicians and the public in the RS.
Unfortunately, many Bosnian CSOs remain silent due to fear. In RS in particular, people are afraid for their safety and that of their families. Unlike in Georgia, where people took to the streets to defend freedom of association, people in Bosnia aren’t motivated, partly due to media narratives portraying civil society as being paid by the international community to act against the government.
We are using all available tools to raise awareness about repressive legislation within the country, at the European Union (EU) level and through communication with various civil society networks, including CIVICUS. The government argues that these laws are necessary to prevent the financing of terrorism and money laundering, but we view these as excuses.
We have informed opposition members of parliament about the potential negative consequences of the ‘foreign agents’ law but have made no impact. Our outreach to the public has been hindered by lack of media support.
However, we remain hopeful that this crisis may turn into an opportunity for Bosnian civil society to revive the sense of solidarity that we’ve lost over the past decade. These days, we constantly think in terms of projects and donors and tend to see each other as competitors when we most desperately need to be united.
How would you describe the current political climate in BiH?
Our region has historically bordered with empires, and this location has come at a price. The threat of RS’s secession has risen in recent years, posing a security problem for the entire region. Due to BiH’s location and rich natural resources and potential for energy production, many fear that its fate depends on the outcome of Russia’s war against Ukraine and the interests of major powers such as China, the EU, Russia, Turkey and the USA. The people of BiH are the ones with the least influence on the decisions that will affect them.
While secession may not be imminent, the threat of it significantly impacts on people’s wellbeing. We experience a pervasive feeling of insecurity that contributes to an anxious atmosphere. This makes people easier to manipulate. Many people are considering leaving, mostly because of their sense of insecurity and the widespread corruption.
Fear is our main currency. Past experiences of police surveillance leading to arrests of protesters have deterred people from participating in demonstrations. People are losing hope that things will improve. During the war we experienced between 1992 and 1995, we had a very strong feeling of hope that when the war ended we would recover a normal life and rebuild our country. Now we have peace but we don’t have hope anymore.
How do you work to strengthen civil society in BiH, and what obstacles do you face?
Our organisation was established right after the war, so it has existed for 27 years. We were the first ones to connect CSOs from different parts of the country and our network currently includes over 350 organisations.
In 2004, we launched the first initiative of institutional cooperation between government and civil society. At that time, civil society was thriving. But over the past decade or so, the situation has steadily worsened. Civil society faces a shortage of human resources, and people hold rather negative views about civil society. We seek to change such perceptions by consistently communicating the purpose and results of our work to the public and beneficiaries of our services and activities.
We also lack strong connections with the media, which should serve as a channel between us, the government, the international community and, most importantly, our society. To show what we’re doing and what we are trying to achieve, instead of just following donors’ visibility guidelines we have established our own portal in which we collect inspiring stories of civil society’s impact in improving people’s lives.
But our biggest problem is lack of local ownership. For many years the international community did things for us, so we aren’t used to solving problems by ourselves. People aren’t used to activism; they complain and wait for others to resolve their problems. That’s one of the failures of civil society: we have implemented many projects, but never managed to spark people’s activist side.
What challenges do you face in cooperating with international partners?
International agencies implement large projects in BiH and many funds come from the international community, but we don’t see results. One of the reasons is that local civil society is pushed aside. When we inquire with donors about supporting local organisations or networks, they argue that small organisations lack the capacity to successfully implement large grants. It has become their mantra.
This hampers the development of civil society as the true democratic force our country urgently needs. We must engage in dialogue with the government to devise solutions for the numerous problems we face. We need to move past the ‘projectisation’ of civil society and focus on the long term.
This also applies to the government, which is also forced to work within the project framework, executing short-term tasks requested by the EU or other international institutions. For instance, the government, jointly with the European Commission, invested around €1 million (approx. US$1.06 million) to fulfil a request to establish a register for CSOs, but once international partners left the country, the register ceased to function. There was a failure to recognise that civil society could have created, managed and overseen the register, which could have been instrumental in developing a common civil society strategy.
This year we established an informal group of donors who support local civil society in Bosnia. We hope the international community will consistently convey the message that they must prioritise local ownership and sustainability. We don’t want to see civil society becoming a mere service provider for larger international agencies. We need to organise around genuine shared interests rather than form networks to satisfy the criteria of calls for proposals. It is time for us to think strategically about who we are and what our role is.
Civic space in Bosnia and Herzegovina is rated ‘narrowed’ by theCIVICUS Monitor. Bosnia and Herzegovina is currently on theCIVICUS Monitor Watchlist, which draws attention to countries where there is a serious and rapid decline in respect for civic space.
Get in touch with CPCD through itswebsite or itsFacebook page, and follow@cpcdba on Twitter.
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GUATEMALA: ‘Corrupt elites see defenders of justice as a threat to their interests and try to silence them’
CIVICUS discusses the state of civic space and justice in Guatemala with former anti-corruption prosecutor Virginia Laparra.Virginia recently went into exile after spending two years in prison for a case brought against her in retaliation for her work. She received a five-year sentence, which she condemned as arbitrary. As a prosecutor, she led important investigations into corruption cases. This put her in the crosshairs of a judicial system that had become a guarantor of impunity. While in prison, she suffered violations of her fundamental rights and medical negligence. Her case is part of a pattern of repression that has forced over 50 human rights defenders and members of the Guatemalan judiciary into exile.
What circumstances forced you to leave Guatemala?
For 16 years I worked in the Guatemalan Public Prosecutor’s Office as a prosecutor for crimes against life, property crimes, violence against women, crimes against minors, drug trafficking, financial and tax crimes and customs smuggling. This experience helped me to train in different areas and this is how my career as a prosecutor took shape.
As time went on, I took on more and more responsibility, becoming head of various units and offices, including the Permanent Attention Office, which deals with complaints and classifies information received by the Public Prosecutor’s Office. I was also in charge of the regional headquarters of the Office of the Special Prosecutor against Impunity, which worked hand in hand with the International Commission against Impunity in Guatemala on cases of organised crime and corruption.
My work didn’t go unnoticed. Starting in 2017, I received threats and was subjected to smear campaigns in the government-controlled media. Persecution included arbitrary judicial proceedings and an attempt to put my case in the hands of judges known for their ties to corruption. Finally, I was arrested in an illegal and arbitrary procedure and sent to prison, where I suffered torture, human rights violations and prolonged solitary confinement.
I received the support of the United Nations Working Group on Arbitrary Detention, which issued several resolutions in my favour, and I was declared a prisoner of conscience by Amnesty International. But the Guatemalan state ignored these demands. I spent two years in prison, and when I was released in January, threats intensified. In the absence of guarantees for my safety, I took the difficult decision to leave my country to preserve my life and freedom.
Fortunately, in exile I have found new ways to contribute to the promotion of justice and human rights in Latin America by working with international and local organisations. Above all, I’m satisfied with the work I did in Guatemala and proud to have contributed to justice.
What are the challenges facing human rights defenders and the judicial officials in Guatemala?
Civic space in Guatemala is in crisis. There were hopes that the government of Bernardo Arévalo, which took office in January this year, would reform the judicial system and create a more favourable environment for the administration of justice. It’s true that little time has passed, but it seems unlikely this will be achieved. The powerful interests that perpetuate corruption and impunity remain intact, and the new administration has faced strong pressures that limit its ability to implement substantial change.
Human rights defenders, members of the judiciary and politicians who support the Arévalo government face intimidation, threats, attacks and arbitrary detention. Impunity only exacerbates the risks.
Corrupt elites who have stayed in power by plundering public resources see defenders of justice as a threat to their interests and try to silence them through smear campaigns, persecution and physical violence. The exile of Thelma Aldana, Juan Francisco Sandoval and many other former members of the judiciary, human rights defenders and journalists is a stark reminder of the hostility faced by those who work for justice, transparency and accountability.
How can the international community support the fight against impunity in Guatemala?
The international community can and must play a crucial role in this fight. International platforms should highlight and condemn human rights violations. Diplomatic voices must urge the Guatemalan government to guarantee respect for human rights. It is also essential that they provide financial and technical support to local civil society organisations.
The international community should support the fight against corruption and impunity in Guatemala and coordinate its efforts to ensure it has deep and lasting impact. They must help protect human rights defenders and ensure the justice system is not used as a weapon to stifle dissent.
Civic space in Guatemala is rated as ‘repressed’ by theCIVICUS Monitor.
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Joint Letter to UN Human Rights Council: More attention needed on human rights violations in China
To: Permanent Representatives of Member and Observer States of the UN Human Rights Council
RE: Sustaining attention to human rights violations in China
Excellency,
After another year marked by enforced disappearances, denial of due process, and continued efforts to suppress human rights, we call on your delegation to join with other States to take collective, coordinated action at the 34th session of the UN Human Rights Council to hold China accountable for its human rights record.
One year ago today, the High Commissioner released a statement calling on China to address a wide range of human rights violations. The concerns he raised were echoed by many States at the March 2016 Human Rights Council, including through a strong cross-regional statement delivered on behalf of twelve States. These States reiterated the High Commissioner’s call for China to uphold its own laws and international commitments, and urged China to release lawyers and other human rights defenders detained for their human rights work.
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JORDAN: ‘Commercial spyware that enables digital repression and abuse must be completely banned’
CIVICUS speaks with Access Now about their forensic investigation that exposed the use of Pegasus spyware to target activists and journalists in Jordan. Access Now is an international civil society organisation that works to defend and extend the digital rights of people and communities at risk.
What restrictions do Jordanian journalists and activists face?
Over the past four years, the Jordanian government has dialled up its crackdown on the rights to freedom of association, expression and peaceful assembly. Journalists, human rights defenders, labour unions and activists are routinely harassed, detained and prosecuted under vague and draconian laws. In late 2022 and throughout 2023, several lawyers, journalists and activists were arrested in connection with protests or for their social media posts.
Repression has deepened as a result of the new cybercrime law adopted in August 2023. This law threatens online freedom of expression on the basis of ambiguous and overly broad provisions about ‘spreading fake news’, ‘promoting, instigating, aiding or inciting immorality’, ‘online assassination of personality’, ‘provoking strife’ and ‘undermining national unity’. The law is now being weaponised to quash pro-Palestinian protests and activism in Jordan. Since 7 October 2023, hundreds of protesters expressing solidarity with Palestinians in Gaza have been detained and many others prosecuted under this draconian law.
Our recent forensic investigation into the use of NSO Group’s Pegasus spyware in Jordan has revealed an additional layer of repression, with at least 35 people being targeted for no reason other than their peaceful political dissent and human rights advocacy.
How’s spyware used, and who’s using it?
In January 2022, Access Now and Front Line Defenders revealed that Pegasus spyware had been used to hack prominent Jordanian human rights lawyer Hala Ahed. Hala was hacked in March 2021, and it was an isolating and traumatic experience for her. Access Now then joined Citizen Lab to further investigate the use of Pegasus spyware in Jordan.
Our joint forensic investigation uncovered a terrifyingly widespread use of Pegasus to target Jordanian media and civil society. We found traces of Pegasus spyware on the mobile devices of 30 activists, journalists, lawyers and civil society members. Further forensic analysis by our partners Human Rights Watch, Amnesty International’s Security Lab and the Organized Crime and Corruption Reporting Project identified five more Pegasus victims, bringing the total to 35.
This is the largest pool of Pegasus victims uncovered in Jordan so far, but we believe actual numbers are much higher. We don’t know exactly who is behind these attacks because spyware manufacturers such as NSO Group make the identification of perpetrators of cyberattacks very hard.
The NSO Group blatantly claims its surveillance technologies are crucial for governments to fight crime and terrorism. Conveniently, this is the same pretext used by dictators and repressive regimes to criminalise the work of journalists and activists and prosecute them under draconian counterterrorism and cybercrime laws. It’s a match made in hell, as a result of which activists and journalists are hacked, prosecuted, jailed, tortured and killed merely for exercising their rights or doing their job.
What can activists and journalists do to protect themselves?
Unfortunately, given their stealthy nature, there’s no bulletproof protection against spyware attacks. Zero click spyware doesn’t require any interaction between the software and the user of the hacked device. It basically exploits a vulnerability in the device’s software to infect it without the user’s knowledge.
Still, there are some basic protection measures everyone should implement. For example, every time a vulnerability is discovered, Apple patches it, which means it’s important for users to ensure their device’s operating system is always up to date, otherwise the patch won’t apply. Activists can also enable the Lockdown Mode feature on their Apple devices, which seems to be helping protect at-risk users.
How does Access Now hold governments and companies accountable?
For years, Access Now and broader civil society have been campaigning for a global moratorium on the export, sale, transfer, servicing and use of targeted digital surveillance technologies until rigorous human rights safeguards are put in place. Commercial spyware that enables digital repression and abuse worldwide, such as Pegasus, must be completely banned. We are not there yet, but this is our baseline to rein in the surveillance tech industry.
There have been some positive steps toward holding spyware companies accountable. For instance, a number of Israeli spyware outfits including NSO Group, Candiru and four Intellexa entities were added to a list of the US Department of Commerce that includes entities engaging in activities contrary to the USA’s national security or foreign policy interests. The latest addition to the list was the Canada-based firm Sandvine, blacklisted for enabling digital repression in Egypt. In February 2024, the US State Department also announced a new visa sanctions policy that will deny visas to anyone involved in, facilitating or deriving financial benefit from the misuse of commercial spyware around the world.
Civil society plays a vital role in exposing how these shady companies profit from facilitating human rights abuses around the world and demanding accountability for violations and reparation to spyware victims. Its continued work is key to holding governments and spyware companies accountable.
Civic space in Jordan is rated ‘repressed’ by theCIVICUS Monitor.
Get in touch with Access Now through itswebsite orFacebook andInstagram pages, and follow@accessnow on Twitter.
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SERBIA: ‘People are concerned that a critical tool to hold political elites accountable is being taken away’
CIVICUS speaks about the results of Serbia’s recent elections and subsequent protests with Raša Nedeljkov, Programme Director of the Centre for Research, Transparency and Accountability (CRTA).Founded in 2002, CRTA is a Serbian civil society organisation that works to develop a democratic culture and promote civic activism through civic education campaigns, electoral observation and the development of public policy proposals.
What are civil society’s concerns about the recent Serbian elections?
The most critical concerns revolve around the municipal elections in Serbia’s capital, Belgrade. CRTA has concluded that the announced results didn’t reflect the freely expressed will of the city’s voters. Our findings revealed that electoral engineering, particularly through organised voter migration, crucially influenced the outcome of the closely contested race for the Belgrade City Assembly.
Organised voter migration is neither legal nor legitimate. Falsely registering residence for the purpose of voting in local elections outside one’s jurisdiction violates the law, undermines democratic representation and violates citizens’ right to local self-government.
Local elections were strategically staggered and held in only a third of the local jurisdictions to enable temporary voter migration and secure the victory of the ruling Serbian Progressive Party (SPP) in Belgrade, where the opposition Serbia Against Violence party had strong chances of winning. As a result, Belgrade is now on the verge of being governed by people largely elected by non-residents who won’t bear the consequences of the decisions they make.
The SPP also gained significant unfair advantage in the parliamentary elections thanks to intensified political pressure on voters, misuse of public resources and institutions, and control of the most influential media. The national election wasn’t nearly fair, but this was overshadowed by the massive manipulation used to prevent political change in Serbia’s largest city.
How has CRTA worked to document electoral manipulation?
On election day CRTA deployed almost 3,000 observers and analysts. And for the first time, a CRTA observer team suffered a physical attack. Its members were attacked with bats while sitting in their parked car in the police station courtyard in Odzaci, a town in Vojvodina province. They were there to report criminal activity related to carousel voting – where people go from place to place to cast multiple voters – at a polling station. This case poignantly illustrates the tense atmosphere the elections took place in.
Our observers had a very dynamic day in Belgrade, the epicentre of electoral irregularities. They took numerous photos and videos showing buses transporting voters to Belgrade from other towns and countries, including Bosnia and Herzegovina and Montenegro. They also identified several logistical centres used to coordinate the voter migration operation, which directed and transported people to polling stations across the city.
Voter migration was facilitated by manipulation of the voter register, which our team also extensively documented. Prior to the elections, we received information from various sources pointing to illegal actions by local governing bodies and the highest state authorities, all aimed at shaping election results in Belgrade in favour of the SPP. Further analysis, which we’re currently conducting, indicates that significant alterations to the voter register were made over the course of a year.
How have people reacted to election irregularities?
Tens of thousands took to the streets shortly after the results were announced. Protests were sparked by the issues we’ve denounced. Protesters are angry about electoral engineering involving illegal manipulation of the voter register and organised voter migration. They urge the state to protect the integrity of elections by prosecuting those involved in illegal manipulation.
Protesters are not necessarily supporters of opposition parties but rather citizens concerned that a critical tool to hold political elites accountable and drive change is being taken away from them. Their core demand is that fresh elections be held at all levels, contingent upon significant revisions to electoral conditions.
How has the government responded to protesters’ demands?
The government has responded with repression and defensive aggressiveness, denying all allegations, including those from international observers, and disregarding evidence of massive irregularities and criminal activities. The regime continues to assert that the elections were the cleanest ever.
The government is also violating protesters’ human rights. Over 30 people, primarily university students, have been arrested during the protests and faced pressure to confess to crimes they didn’t commit, such as receiving bribes from the opposition to engage in violent activities during protests.
Public officials have also accused CRTA of destabilising Serbia, and our staff members have been labelled as liars and subjected to hate speech by pro-regime media.
What should the international community do?
We urge the international community to look beyond immediate geopolitical considerations and consider the consequences that could follow if democracy in Serbia continues to erode. Further democratic backsliding would only bring it closer to the non-democratic part of the world.
Serbian civil society is actively proposing solutions for the challenges of a captured state and diminishing democratic standards, and our international allies should give more serious considerations to these recommendations. The international community must act soon to prevent Serbia becoming an outright dictatorship
What are civil society’s concerns about the recent Serbian elections?
The most critical concerns revolve around the municipal elections in Serbia’s capital, Belgrade. CRTA has concluded that the announced results didn’t reflect the freely expressed will of the city’s voters. Our findings revealed that electoral engineering, particularly through organised voter migration, crucially influenced the outcome of the closely contested race for the Belgrade City Assembly.
Organised voter migration is neither legal nor legitimate. Falsely registering residence for the purpose of voting in local elections outside one’s jurisdiction violates the law, undermines democratic representation and violates citizens’ right to local self-government.
Local elections were strategically staggered and held in only a third of the local jurisdictions to enable temporary voter migration and secure the victory of the ruling Serbian Progressive Party (SPP) in Belgrade, where the opposition Serbia Against Violence party had strong chances of winning. As a result, Belgrade is now on the verge of being governed by people largely elected by non-residents who won’t bear the consequences of the decisions they make.
The SPP also gained significant unfair advantage in the parliamentary elections thanks to intensified political pressure on voters, misuse of public resources and institutions, and control of the most influential media. The national election wasn’t nearly fair, but this was overshadowed by the massive manipulation used to prevent political change in Serbia’s largest city.
How has CRTA worked to document electoral manipulation?
On election day CRTA deployed almost 3,000 observers and analysts. And for the first time, a CRTA observer team suffered a physical attack. Its members were attacked with bats while sitting in their parked car in the police station courtyard in Odzaci, a town in Vojvodina province. They were there to report criminal activity related to carousel voting – where people go from place to place to cast multiple voters – at a polling station. This case poignantly illustrates the tense atmosphere the elections took place in.
Our observers had a very dynamic day in Belgrade, the epicentre of electoral irregularities. They took numerous photos and videos showing buses transporting voters to Belgrade from other towns and countries, including Bosnia and Herzegovina and Montenegro. They also identified several logistical centres used to coordinate the voter migration operation, which directed and transported people to polling stations across the city.
Voter migration was facilitated by manipulation of the voter register, which our team also extensively documented. Prior to the elections, we received information from various sources pointing to illegal actions by local governing bodies and the highest state authorities, all aimed at shaping election results in Belgrade in favour of the SPP. Further analysis, which we’re currently conducting, indicates that significant alterations to the voter register were made over the course of a year.
How have people reacted to election irregularities?
Tens of thousands took to the streets shortly after the results were announced. Protests were sparked by the issues we’ve denounced. Protesters are angry about electoral engineering involving illegal manipulation of the voter register and organised voter migration. They urge the state to protect the integrity of elections by prosecuting those involved in illegal manipulation.
Protesters are not necessarily supporters of opposition parties but rather citizens concerned that a critical tool to hold political elites accountable and drive change is being taken away from them. Their core demand is that fresh elections be held at all levels, contingent upon significant revisions to electoral conditions.
How has the government responded to protesters’ demands?
The government has responded with repression and defensive aggressiveness, denying all allegations, including those from international observers, and disregarding evidence of massive irregularities and criminal activities. The regime continues to assert that the elections were the cleanest ever.
The government is also violating protesters’ human rights. Over 30 people, primarily university students, have been arrested during the protests and faced pressure to confess to crimes they didn’t commit, such as receiving bribes from the opposition to engage in violent activities during protests.
Public officials have also accused CRTA of destabilising Serbia, and our staff members have been labelled as liars and subjected to hate speech by pro-regime media.
What should the international community do?
We urge the international community to look beyond immediate geopolitical considerations and consider the consequences that could follow if democracy in Serbia continues to erode. Further democratic backsliding would only bring it closer to the non-democratic part of the world.
Serbian civil society is actively proposing solutions for the challenges of a captured state and diminishing democratic standards, and our international allies should give more serious considerations to these recommendations. The international community must act soon to prevent Serbia becoming an outright dictatorship.
Civic space in Serbia is rated ‘obstructed’ by theCIVICUS Monitor.
Get in touch with CRTA through itswebsite orFacebook page, and follow@CRTArs and@rasaned onTwitter.
