harassment

• ARGENTINA: ‘The state is abandoning its role as guarantor of access to rights’

  CIVICUS discusses the deterioration of civic space and human rights under Argentina’s current government with Vanina Escales and Manuel Tufró of the Centre for Legal and Social Studies (CELS). Founded under dictatorship in 1979, CELS promotes the protection and effective exercise of human rights, justice and social inclusion, nationally and internationally.

  Since its inauguration in December 2023, thegovernment of Javier Milei, a self-proclaimed ‘anarcho-capitalist’ who allied with culturally conservative groups, has promoted policies of economic deregulation, the reduction of the state and social spending cuts, resulting in increased unemployment and poverty. It has adopted a restrictive and repressive approach towards protests against these policies, denigrating journalism and anyone who expresses critical opinions. In the face of these restrictions on civic space and human rights, civil society is seeking international visibility and solidarity and pursuing strategic litigation.

  How would you describe Milei´s government?

  This is the first libertarian -- or anarcho-capitalist, as Milei describes it – government we’ve had in Argentina. Its rise is part of an international trend towards the erosion of democracies as a result of policies of market extremism and the advance of the far right. Like other expressions of the far right in Europe or the USA, it is characterised by brutalism and a recourse to authoritarianism to deal with social conflict. At times it also shows features such as historical denialism and regressive values about gender roles and the rights of sexual, gender and racial minorities. But it also has some peculiar aspects: unlike its counterparts in the global north, its xenophobic nationalism hasn’t targeted immigrants but Indigenous peoples instead.

  In the economic sphere, the libertarian agenda has manifested itself in the liberalisation of prices, leading to high levels of inflation and thus to a brutal transfer of income from the middle and poorer classes to the richest.

  As far as social policy is concerned, the government has tended to leave in place only policies of direct income transfers to individuals, meagre subsidies or social aid such as the Universal Child Allowance, which alone cannot mitigate the effects of the recession or counteract the impacts of the withdrawal of the state. This withdrawal can be seen in the lack of food and medical supplies and the closure of and disinvestment from community spaces and social policies. The state has withdrawn from its role as guarantor of access to basic services.

  The stated aim is to weaken controls on businesses, particularly foreign ones, in order to attract investment. Deregulation has a direct impact on the environment, as it ignores the rights of Indigenous peoples and peasant communities over the territories where companies want to set up. Companies receive privileges while the country is deprived of its natural resources.

  Some reforms were imposed by decree and others by an omnibus bill called the Basic Law, which was passed by Congress after much debate and amendment.

  How is the government reconciling libertarianism with cultural conservatism?

  There is a tension within the government between neo-liberalists who promote market deregulation, economic liberalisation and changes in labour policies, and the equally authoritarian but conservative voices that defend the last military dictatorship, state terrorism and state violence, and attack emancipatory movements such as feminism and its egalitarian gains.

  On this terrain, the government is fighting a cultural as well as a material battle. Verbal attacks go hand in hand with the dismantling of gender policies. For example, the government dissolved the Ministry of Women, Gender and Diversity and then dismantled all policies against gender violence. Officials have also spoken out strongly against abortion and sexual and reproductive rights in general.

  As part of the dismantling of state structures, programmes aimed at preventing teenage pregnancy and care, health and early childhood policies are being dismantled. Our monitoring of care policies has shown that only seven out of 43 are still in force. The state is abandoning its role as mediator and guarantor of access to rights.

  In addition, at the international level, the government is challenging commitments made by the state through international treaties, which in Argentina have constitutional priority, enshrined in legislation. At the recent General Assembly of the Organisation of American States (OAS), for example, the government demanded that any mention of climate change, gender and LGBTQI+ people be removed from the final documents. We believe that the OAS, the United Nations and their human rights mechanisms should closely monitor the Argentine government’s actions.

  How have these processes affected civic space?

  The quality of civic space has been severely compromised. Protests are now treated as crimes. These basic practices in any democracy are presented as, at best, obstacles to traffic and, at worst, seditious activities aimed at overthrowing the government.

  This is reflected in blatantly unconstitutional norms such as Resolution 943/2023 of the Ministry of Security, known as the ‘anti-picketing protocol’, which states that any assembly that disrupts traffic in cities or on roads is a flagrant crime and authorises direct police intervention, without the need for a court order, to disperse it and investigate protesters.

  This resolution authorises the deployment of large numbers of security forces at every protest, often using abusive and indiscriminate ‘less lethal’ weapons such as rubber bullets and teargas, as well as physical violence and arbitrary arrests. We have documented at least 80 such arrests in recent months. Protesters have been released because the government has no evidence to prosecute them. But as a result of these tactics, many demonstrations are broken up or do not take place at all.

  In the past six months, at least 47 journalists have been injured in protests. Many more have been harassed on social media and criminally prosecuted for anti-government statements.

  The government has dismantled the public media to the point where we have no way of knowing what is happening in different parts of the country, unless something comes to the attention of private media and international correspondents and they decide to cover it. In Argentina today, the right to generate information and be informed by a plurality of voices is being violated.

  How is civil society organising to resist these restrictions?

  Civil society organisations have filed several precautionary measures ahead of protests to protect the right to peaceful assembly. But the judiciary has not accepted them, arguing that there is no a priori risk, but rather that it is necessary to assess how a demonstration unfolds. The judiciary also has a very weak role in controlling arbitrary arrests and assessing excessive police violence.

  Since the judicial route is not bearing fruit, it’s time to resort to international mechanisms for the protection of human rights, something CELS has done many times throughout its history, since it was born under the dictatorship. We are working to provide information on the human rights violations taking place in Argentina.

  On 11 July we took part in a hearing before the Inter-American Commission on Human Rights. The state was present, but only reaffirmed its position in favour of the criminalisation of social protest, justifying it as a mechanism to deal with sedition and attempts at destabilisation. The government was evasive and did not answer questions such as what protocols were in place to control the use of less lethal weapons, or why a regulation to control police action in public demonstrations had been repealed.

  We are also compiling a register of physical and digital attacks from non-state sources, particularly from parts of the radicalised right. Thanks to our work with the political research team at Crisis magazine, we have already registered around 280 cases of offline harassment on the Radar portal, and we are beginning to register online attacks, including the leaking of personal data that could lead to physical attacks.

  Today, more than ever, it is necessary to organise in national and international networks to carry out information and denunciation campaigns with a collective voice. If we wait for the total destruction of rights to raise our voices, it will be too late.

  Civic space in Argentina is rated as ‘narrowed’ by theCIVICUS Monitor.

  Get in touch with CELS through itswebsite or itsFacebook andInstagram pages, and follow@CELS_Argentina and@vaninaescales on Twitter.

• CIVICUS Concerned over Increased Harassment of Human Rights Defenders in Uzbekistan

  13 July, 2010-- Johannesburg ---CIVICUS: World Alliance for Citizen Participation is concerned by recent reports that Uzbek officials are intensifying pressure against human rights defenders in response to the political upheaval and violence in neighboring Kyrgyzstan. 
  
  In Uzbekistan, many human rights defenders have long faced harassment and state scrutiny of their activities. Often, the state has demonstrated a deep distrust for human rights advocacy, labeling activists as "enemies" of the state and accusing them of criminal activities. Now local sources report that Uzbek law enforcement agencies have received orders from their superiors to increase vigilance and take preventative measures with the population.
  
  According to local sources, human rights activists Saida Kurbanova and Mamir Asimov of Human Rights Society of Uzbekistan (HRSU), have been summoned by a local police station, where they have been questioned and forced into signing warning notices about their "illegal activities against the public." Another HRSU staff has reported the spreading of false rumors about his work that he believes may be part of an attempt by the security forces to build a case against him. Human Rights Alliance leader Elena Urlayeva, who has been working with Kyrgyz refugees, was harassed at her home on July 4, 2010 by an unknown woman aggressively demanding that she stop her advocacy work. That same night, her husband was attacked and severely beaten near their home by two men instructing him to "tame" his wife.

• Environmental Movement in Russia Once Again Under Attack

  19 April 2010, Johannesburg. CIVICUS has received information from local sources that the offices of Socio-Ecological Union (SEU) in Samara, Russia, have been raided by the police in connection with alleged criminal charges of extremism against Mr. Sergey Simak the Co-Chair of the Organization,.

  On the 13th of April, staff from the regional branches of the Department for Economic Crimes and the Center for the Combat of Extremism raided the SEU offices and seized Mr. Simak's computer and documents, which are alleged to have been used for criminal purposes.

  According to local reports, a source in the regional Police Department stated that the case was initiated on 12 April, the same day that activists from Samara, and 44 other cities in Russia, held protests over the felling of virgin Mediterranean pistachio-juniper forests, to make space for a health and sports complex. Furthermore, ecologists and activists from Samara have been actively involved in protesting the Baikal Pulp and Paper Mill, which reopened with the support of Prime Minister Vladimir Putin, and has grave ecological consequences for Lake Baikal and surrounding region.

  CIVICUS is deeply concerned that attacks on the environmental movement in Russia are becoming common and systematic. A member of SEU has expressed fears to CIVICUS that, as SEU is currently headquartered out of Samara, the whole organization may be jeopardized by this latest attack. CIVICUS urges President Medvedev to protect freedoms of association and expression in the country, and ensure that peaceful environmentalism is not regarded as extremism in Russia.

  Environmental groups in Russia are repeatedly stripped of their fundamental right to freedom of expression when the issues are political or economic in nature. In January 2010, police raided NGO Baikal Environmental Wave, a member of the SEU Network, and confiscated computers in response to the NGO's advocacy surrounding the Baikal Pulp and Paper Mill. Further, in Turkmenistan, the authorities arrested Mr. Andrey Zatoka under trumped up charges, a renowned ecologist, activist and member of SEU.

  The Socio-Ecological Union remains to be the oldest, largest, and one of the most respected NGOs in the post-Soviet region. The compromise of the operations and existence of this organization would have grave consequences not only for the region's rich and diverse ecology, but also for the civil society in Eurasia as a whole.

  CIVICUS: World Alliance for Citizen Participation is a global movement of civil society with members and partners in over a hundred countries. The Civil Society Watch (CSW) programme of CIVICUS tracks threats to civil society freedoms of expression, association and assembly across the world. In 2009, CSW tracked threats in 75 countries across the globe.

  For more information, please contact:

  Devendra Tak, Media and Communications Manager, CIVICUS
  or
  Sonia Zilberman, Civil Society Watch Programme, CIVICUS
  Tel: +27 -11- 8335959

• 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.

• PAKISTAN: ‘They put a black hood over my face and took me to the airport’

  CIVICUS speaks with Syed Fawad Ali Shah, a writer and journalist from Pakistan, about the situation of journalists in his country and his experience of persecution, exile and deportation.

  In retaliation for his reporting on terrorism, crime, drugs, corruption and human rights, in 2011 Syed was kidnapped and tortured by Pakistani intelligence officers, forcing him to seek asylum in Malaysia. He remained there until August 2022, when he was deported back to Pakistan, allegedly because the Pakistani authorities falsely identified him as a police officer subjected to disciplinary proceedings.

  What is the situation for journalists in Pakistan?

  It is too easy to kill, kidnap or torture journalists in Pakistan. Many Pakistani journalists have sacrificed a lot for press freedom, which the Pakistani government has strangled. Journalists working for most newspapers and TV channels in Pakistan have not received their salaries for several months because critical newspapers do not receive government advertising, putting pressure on journalists.

  Why did you flee Pakistan in 2011?

  In 2011, I was kidnapped in Islamabad by the Pakistan Inter-Services Intelligence (ISI), precisely for raising my voice for the freedom of people forcibly disappeared by the ISI. I was also exposing corruption in the police and bureaucracy and reporting on terrorism and the Taliban.

  The ISI kept me in a secret, black hole-type jail for three months and 18 days. They released me on the condition that I quit journalism, leave the country, or work as a spy for them. I told them I would quit journalism, but it was impossible for me to leave the country or spy for the ISI.

  To save my life, I kept my word. The ISI freed me in April. In June, I was wounded in a bomb blast in Peshawar. After my name was published in a local newspaper, the ISI called me threateningly, accusing me of starting journalism again. I told them that I had not; I just happened to be there. In August, I reluctantly left my country. I travelled to Thailand and a few days later I arrived in Malaysia, where I was granted refugee status.

  What was your experience as a refugee?

  As a refugee registered with the United Nations Refugee Agency (UNHCR), I experienced many hardships. UNHCR cardholders are sometimes arrested in Malaysia, so I lived in fear of being deported back to Pakistan. During my 13 years in Malaysia, I moved from place to place to avoid arrest. I wrote for various newspapers and websites, reporting mostly on refugee issues and immigration policies.

  In 2016, UNHCR Malaysia referred my resettlement case to the United States Refugee Admissions Program through the International Rescue Committee (IRC). However, the US Department of Homeland Security (DHS) refused to resettle me in the USA due to alleged security issues. They gave me a series of reasons I could not be admitted as a refugee in the USA. I applied for reconsideration in 2016 but did not hear back from the DHS until June 2022.

  From 2016 to 2022, I waited for a response from the US government that never came. I finally asked the IRC to send my case file back to UNHCR Malaysia, which they did. I wrote hundreds of times to UNHCR Malaysia requesting resettlement in a safe country but got no response, although I sent them copies of the threats I received from the Pakistani government, the police report and the letter written to Interpol for my arrest. Other who became refugees after me were resettled by UNHCR, but I was stuck there. Pakistani intelligence officers stationed at the Pakistani High Commission in Kuala Lumpur often spied on me.

  How did your arrest and deportation happen?

  On 23 August 2022, at 9pm, I was abducted by Malaysian immigration officials in a joint operation with the Pakistani ISI in the Bangsar area of Kuala Lumpur. They took me to the Immigration Headquarters in Putrajaya, where they locked me up in the basement. On 25 August they put a black hood over my face and took me to the airport. Before taking me to the airport, they gave me a drug, saying it was for COVID-19, after which I fell unconscious. At the airport they removed the black hood and put me on a Pakistan International Airlines flight to Islamabad, with two ISI officers at either side. More than 30 people from Malaysian Immigration and the Pakistani diplomatic mission saw me off at the airport.

  When I arrived, the ISI sent me to an unknown prison in Islamabad without entering my data in the Federal Investigation Agency’s immigration system. I was detained for six months, during which time the Pakistani government did not acknowledge I was in Pakistan. But in March 2023, Malaysia’s Home Affairs minister finally acknowledged I had been deported and this was reported by international media.

  The authorities couldn’t hide me for longer and eventually handed me over to the Federal Investigation Agency’s (FIA) cybercrime wing, who slapped me with two fake charges under the Prevention of Electronic Crimes Act, 2016. After I received temporary bail, the judge was pressured by FIA’s cybercrime wing to fabricate further cases against me, so I am constantly afraid that the court will send me to jail. The ISI often oversteps its authority and kidnaps and disappears innocent people, which has led to thousands of cases pending in the Supreme Court of Pakistan without any result.

  What are your requests to the international community?

  I urge organisations working for the rights of refugees and journalists around the world, as well as the heads of all states that have signed the 1951 Refugee Convention, to provide me with protection and immediately relocate me to a safe country under special circumstances.

  I also urge the leaders of democratic states to put pressure on the Pakistani government regarding my situation and to provide me with a way to leave the country safely, as was done for Asia Bibi, who was resettled in France in 2020.

  Due to pressure from Pakistani security agencies, my passport has been blocked for 10 years, and my name has been added to the Integrated Border Management System of Immigration, forcing me to change location every day. I am unable to sleep due to fear. Every time there is a knock at the door I panic. My heart beats fast all the time and I have fallen ill many times.

  ---

  Civic space inPakistan is rated ‘repressed’by theCIVICUS Monitor.

  Follow@SyedFawadAli303 on Twitter.

• Venezuelan government must protect not persecute human rights defenders

  Johannesburg. 29 July 2010: A group of civil society organisations from across the globe have expressed alarm about systematic restrictions on civil society freedoms of expression, association and assembly in Venezuela, including persecution of human rights defenders. On 14 July, President Chavez had called for a criminal investigation of human rights organizations accused of taking funds from the United States government for the purpose of destabilizing the Venezuelan government. The call for an "in depth investigation" into the funding sources of Venezuelan NGOs is seen as the latest in a long series of growing restrictions on human rights, particularly the freedom of expression. 
  
  Harassment tactics, including public threats and judicial proceedings, are regularly used by the government of Venezuela to silence critics and undermine human rights defenders and journalists. Earlier this year, a member of the opposition political party - Oswaldo Alvarez Paz - was arrested for commenting on Venezuela's involvement in the drug trade on charges of "conspiracy against the government". He is currently facing a possible two to sixteen year sentence. On 11 June, journalist Francisco Perez was given a 3 years and 9 months prison sentence, stripped of his professional certification, and ordered to pay a nearly $ 20,000 fine for publishing an article on corruption in the local Valencia government. Reports of threats, harassment, and abuse on the ground continue as many activists and members of the media are forced to operate in dangerous circumstances.

• Zimbabwe: CIVICUS urges release of #ThisFlag Pastor Mawarire, detained and charged with “treason”

  Update: 08 February 2017
  A High Court judge granted Evan Mawarire bail of 300USD and ordered him to surrender his passport and report to Avondale Police station twice a week. 

  Update: 03 February 2017:
  On Friday 03 February 2017 Pastor Evan Mawarire appeared in court. Charged with subversion, plots to remove a constitutionally-elected government, abuse of the national flag and inciting public violence, he was denied bail and remanded in custody until 17 February 2017.

  CIVICUS urges the release from detention of Pastor Evan Mawarire, a Zimbabwean activist who was arrested on arrival at Harare International Airport on 1 February 2017. Pastor Mawarire, who was returning to his country from the USA, was arrested and charged with subverting a constitutionally elected government. He is currently being held at the Harare Central Police Station.

  According to Pastor Mawarire’s lawyer, he is also facing charges for organising demonstrations against Zimbabwe President Robert Mugabe during the United Nations General Assembly in New York in September 2016, and for protests that were held after he left Zimbabwe six months ago.

  In May 2016, Pastor Mawarire sparked a citizen movement in Zimbabwe called #ThisFlag that urged citizens to display the Zimbabwean flag for seven days as a way to send a message to the government that they wanted an end to corruption, injustice and economic deterioration in the country.

  “The charges against Pastor Mawarire are trumped up and are designed to punish him for exercising his legitimate rights to the freedom of expression and assembly,” says Sara Brandt, Policy and Research Analyst at CIVICUS. “We believe that the Zimbabwean government is intentionally trying to silence him and the #ThisFlag movement.”

  CIVICUS calls on the Zimbabwean government to release Pastor Mawarire urgently, and drop all charges against him. 

  Civic Space in Zimbabwe is rated as repressed by the CIVICUS Monitor.