anti-rights groups
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BOTSWANA: ‘We must strategise so that we don’t merely react to crises and anti-rights action’
CIVICUS speaks about the struggle for LGBTQI+ rights in Botswana with Dumiso Gatsha, an LGBTQI+ activist and founder of Success Capital.
Success Capital is a youth and feminist-led organisation working to strengthen youth agency and autonomy in human rights and sustainable development while challenging power, privilege and patriarchy through intersectionality. Its approaches include participatory research, peer-to-peer knowledge sharing and advocacy.
Has the 2019 High Courtruling that decriminalised same-sex relations led to improvements?
The 2019 ruling had structural effects: by declaring the criminalisation of same-sex intimacy unconstitutional, it eliminated not only the possibility of prosecution but also the excuse that was often used to exclude LGBTQI+ people from service delivery. It affirmed our existence as Batswana, Africans and people and heralded a new field of untapped opportunities for improving the lives of all people in Botswana, not only LGBTQI+ people.
Documented instances of violence against queer people in social settings, hate speech and intolerance online have increased. This doesn’t mean violence itself has increased – only that it is now more visible. Decriminalisation has improved the environment to report on and seek redress for human rights violations, injustices and inequities.
However, there has also been backlash, and violence may be on the rise as a result of the higher visibility, agency and advocacy by LGBTQI+ people.
It’s true that in Botswana there weren’t any immediate negative reactions to the High Court ruling, unlike in countries such as Kenya or Namibia, where progressive judgements elicited immediate protest action. But, reflective of wider and broader anti-gender ideology influences, earlier this year there have been protest marches led by churches, a whole four years after the High Court ruling. This means that for those opposed to LGBTQI+ rights, the matter is far from settled.
The anti-rights reaction was triggered by a member of parliament’s request to consult with churches on the procedural steps parliament needed to take to amend the Penal Code in line with the 2021 ruling by the Court of Appeal that upheld the High Court’s decision. From what we understand, this ruling was needed to finally put the matter of decriminalisation to rest, having ensured that all processes had been exhausted within Botswana’s jurisdiction.
Representatives of churches and members of parliament questioned the very essence of our democracy. They publicly threatened politicians in a pre-election year, bringing confusion about the democratic process and denouncing our existence as citizens who have rights.
The strength of the backlash despite the time that has passed shows that decriminalisation is only the beginning. It is not the solution or end point in fulfilling human rights, but it serves as a basis for much-needed interventions in social, cultural, institutional and public participation spaces.
How has civil society, and your organisation in particular, responded?
Fighting back has been a slow and protracted process because of limited resources. Botswana’s higher middle income country status and narrow avenues for civil society engagement have meant that the gains made from decriminalisation could not be strategically amplified across the human rights, sexual and reproductive rights and democratic landscape.
Success Capital has less than five per cent of the resources that more prominent civil society organisations have. This means grassroots, hidden and hard-to-reach communities and constituents are left behind – notably in more rural, climate-affected and impoverished areas, where queerness, migrant status, disability, sex work status and being an ethnic minority are all second to socioeconomic status and the need to secure a livelihood.
Our constituents didn’t feel threatened by the anti-LGBTQI+ protests, which is reflective of their resilience and agency. But this was a moment to gauge how unprepared philanthropy is to respond to backlash and regressive attempts. I was shocked when a funder asked me what I was doing about it while knowing full well that they had delayed disbursing funds aimed at removing human rights barriers for LGBTQI+ people.
Still, we commemorated Pride and helped host the Changing Faces Changing Spaces conference organised by the East African Sexual Health and Rights Initiative, for which we helped secure visas and provided advice to LGBTQI+ people and sex workers from across Africa. We worked in solidarity with East African groups in the context of increasing anti-LGBTQI+ sentiments, engaged in strategic policy-oriented dialogue with other civil society leaders, made a solidarity visit to Namibia and networked to ensure that we would be prepared for whatever came next. None of this was externally funded – it was pure feminist decolonial action underpinning our belief in our own freedom, with or without decriminalisation.
Has there been any change in the state of public opinion in Botswana on LGBTQI+ rights?
The Afrobarometer survey has noted some improvements in public opinion, but intolerance and hate speech remain prevalent. National-level data is not always reflective of the situation in local and grassroots communities. Language, socioeconomic status and the availability of services all contribute to how people in Botswana participate and perceive different issues.
For example, in our own community engagements in rural locations we have noted that abortion is mostly accepted on the basis of an understanding of the challenges experienced by many who end up pregnant. However, more than one abortion is frowned upon. And we see similar nuances across sexual orientation, sex characteristics and gender identity issues. For instance, feminine queer men tend to be tolerated more than trans women, as are masculine lesbian women giving birth, while bisexual men are emasculated online. Social parameters are too wide to be readily captured without meaningful resources and political will to ensure all LGBTQI+ people are included in state policy and programming.
Have you experienced any negative repercussions from your work?
Yes. Invitations have been rescinded and scrutiny increased. We are policed on who can be invited to take part in social participation mechanisms that include government officials. We are denied an audience despite fulfilling all the necessary steps in writing invitations, submitting proposals and following up through the hierarchy. For instance, we applied for approval for civil society participation in the 2023 World Bank-International Monetary Fund Spring meetings, and despite receiving permission from parliamentary caucuses, a ministry interrogated us on what we wanted to do and why we wanted to attend.
We had our email address blocked to prevent us submitting future statements to the United Nations. We have been denied funding for being too radical, and calling out funders has not really worked for us.
I’ve had several encounters with law enforcement. The first happened when a fellow volunteer was strangled and I recorded audio of the incident before police confiscated my phone. We are exploring a case on this at the moment. The second happened when a trans colleague was questioned because how she presented was not the same as the gender stated on her identity card. And more recently, we were told of plainclothes police in non-branded cars patrolling and possibly shooting people who don’t stop on highways when instructed to in the middle of nowhere. This kind of policing is harmful, unlawful and abusive, and is being used to target LGBTQI+ people without any accountability.
Where do these restrictions come from?
Some restrictions we’ve faced reflect a regional landscape in which LGBTQI+ networks have shut down, limiting representation, and a global trend in which eligibility, visa and logistical support have only worsened, limiting civil society participation in advocacy and governance mechanisms.
Civil society in Botswana is not immune from these trends. Even within the Global Fund mechanism, the most prominent enabler of those fighting for sexual health rights, delays have taken up most of the current financial year, compromising eight months of service provision.
I think we are underestimating the reach of anti-rights groups. Although global anti-rights influences have existed for decades, domestic counterparts have recently grown emboldened and are increasingly well resourced. Botswana’s higher middle income country status reflects a skewed and unequal income distribution and hides the fact that the few with capital and wealth side with the conservative, morally driven powerholders and are not afraid to deploy their influence against human rights activists. Criminalisation is good business for the politicians that also run corporations. Inequality is good news for those with means and power to subjugate those left behind.
How do you connect with LGBTQI+ rights movements abroad and internationally? What international support do you receive, and what further support do you need?
LGBTQI+ activists are dynamic and diverse. Success Capital has always engaged in collaborative knowledge sharing, linking with other initiatives and sharing the space in advocacy sessions, side events and mobilising actions. We take pride in unearthing young, emergent and nascent activists and movements that operate in the margins and sharing our platform with them. This helps us continue and challenge conversations in rooms we can’t access or engage in.
Since decriminalisation, international support has been quite high. It has, however, been skewed. It has followed a hierarchy that’s reflective of wider trends, with more institutionalised groups having easier access to funding and benefitting from the development industrial complex the most. Grassroots organisations continue to be left behind, lacking institutional or long-term funding.
Solidarity is like sunshine – everyone deserves some. That’s why the ecosystem needs to be steered towards collaboration. And it must focus on strategising so that we don’t merely react to crises and anti-rights action, but we take the initiative in the struggle for our rights.
Civic space in Botswana is rated ‘obstructed’ by theCIVICUS Monitor.
Get in touch with Success Capital through itswebsite orFacebook page, and follow@ProSuccessBW on Twitter.
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BRAZIL: ‘Discrimination and hate speech are becoming normalised’
As part of our 2019thematic report, we are interviewing civil society activists, leaders and experts about their experiences of backlash from anti-rights groups and their strategies to strengthen progressive narratives and civil society responses. CIVICUS speaks about migrant workers’ rights with Dariele Santos, the young founder of Instituto Alinha, a social enterprise focused on improving the work and life conditions of migrant workers employed in the fashion industry.
When and why did you decide to create the Alinha Institute?
When I was in college I had several jobs with which I supplemented my scholarship, and one of those jobs involved research on immigration issues, and more specifically about Latin American immigrants employed in the clothing industry in São Paulo. That’s when I began to speak with migrants and I learned about their precarious life and work conditions, that is, about the reality of the production chain in Brazil’s fashion industry.
Brazil encompasses all steps in the production chain of this industry, from cotton production to garment manufacturing. The fashion industry is spread throughout the country, but its final link, the manufacturing of clothing, is highly concentrated in São Paulo, employing mostly migrant workers. Production is highly outsourced; clothing brands subcontract with sewing workshops that are involved in the various phases of the manufacturing process. The more workshops that are involved in the process, the more difficult it is to exercise some control and the more labour protections are lost. Many of these workshops are small and family-run, and function in the family's home, with all members of the family working, and getting paid by the piece. People work up to 90 hours per week because they get paid very little for each piece that they produce.
When I learned the stories of these migrant workers, I began to realise the huge dimensions of the problem, and I also realised how little I had known about it, and how little we know in general about the fashion industry chain: we don't care the least about how the clothes that we wear are made. The problem of the huge inequality and injustice in the fashion industry chain is completely invisible. It is a super-luxury industry that generates a lot of money, but to the same extent, it is a chain of enormous exploitation.
Along with a friend, I started thinking about starting a social enterprise that would apply technology to solve this problem, and we launched Alinha in 2014.
What does Alinha do to improve the working conditions of migrant workers?
The idea is simple: Alinha provides advice to sewing workshop entrepreneurs so that they regularise their businesses and guarantee adequate security and reasonable deadlines and pay, and connects them with clothing manufacturers and designers interested in hiring a workshop, thus ensuring fair conditions for all parties involved.
More specifically, we begin by visiting the sewing workshops that sign up to receive advice, and we assess their deficits in order to recommend what they should do to get out of informality. We look at areas such as their forms of contracting, their health and safety conditions and their equipment. In our second visit we bring a work safety specialist. These workshops have a lot of fire hazards, because they store large quantities of cloth and tend to have precarious electrical installations; to make things worse, usually many children live in the houses in which the workshops operate. Once the safety assessment has been done, we prepare an action plan aimed at regularising the workshops or aligning them with labour and safety standards - hence our name of Alinha. We do it in plain language and translate the laws for workers. We provide the basics of accounting and help workshop owners calculate the required investment and how it would impact on product prices. Once the improvements have been made and we consider that a workshop has reached a minimum security and formalisation threshold, we upload its details to the Alinha platform so that it can get it in touch with brands and designers. Brands and designers come on our platform because they seek to change the way they produce and are willing to guarantee fair payment terms and deadlines. So we connect them.
The prices of these products are surely higher than those of products made under conditions of extreme exploitation. Have you managed to convince consumers that it is worth paying more for them?
We're on it. We know that it is important to connect consumers because they have enormous power in their hands: when choosing the brand they are going to buy, they can make the decision to support one that guarantees fair working conditions. But consumers can't really choose if they don't know which brands have contracts with our aligned workshops. That is why we have a platform where the aligned brands place data that users can check - for example, that they are making a certain number of pieces with such and such workshop, so that after the information has been added to the Alinha platform, the workshop can confirm on the phone that they are indeed making these pieces, earning a certain amount per hour, and working with such and such deadlines. When all the links in the production chain confirm the information, an identification code for the piece is generated to be placed on the garment’s label, so that the final user can track the garment’s history. All information and confirmations are stored in Blockchain, so that there is more security and trust in the information.
We are also in the process of making a short film that tells the story behind the clothes, based on the story of a Bolivian migrant seamstress. The presentation of an individual’s story seeks to generate connection and empathy: we want the consumer to see a woman who has dreams and hopes similar to their own. We seek to ask the consumer a question: which story would you rather choose, one about exploitation or one about decent work?
Do you think that the situation of migrants in Brazil has recently worsened?
The problem of migrants is not recent; it comes from long ago. There are many migrants who have lived here, and worked in terrible conditions, for decades. Migrants who work in sewing workshops in São Paulo are mostly Bolivian, although there are many from countries such as Paraguay and Peru as well. Many of them first emigrated from their countries to Argentina, but when the 2008 financial crisis hit they moved to Brazil. The political and economic conditions back then - the Lula government and a period of strong economic growth - made Brazil a better destination.
But it is difficult to be a migrant in Brazil. It is the only non-Spanish speaking country in the region, so difficulties in communication and access to information abound. Migrants without legal documentation or formal employment are afraid all the time. The psychological pressure is very strong: people refuse to leave the sewing workshops because they are afraid of being caught and forced to leave. Migrants fear the consequences of demanding their rights.
While the migrant workers’ exploitation is not a new problem, and migrants’ fear isn’t new either, the situation has recently worsened. The new president, Jair Bolsonaro, represents the far right, and his discourse is extremely xenophobic. He places himself above the laws and above all democratic guarantees. His message to migrant workers is: ‘be thankful for all the good things you have here, and if there is something you don't like, you’d better leave’. The fact that hate speech is coming from so high up is emboldening people who always thought these things, but in the past would not say them and now feel it is legitimate to do so. In this sense, discrimination and hate speech are becoming normalised.
This situation is replicated in various spheres. It is a dangerous time for activists working on human rights, environmental rights, women's rights, LGBTQI rights, black and indigenous peoples’ rights and migrants’ rights. There is a lot of fear because going against the government poses high risks. This has been clearly seen in the cases of Marielle Franco, the LGBTQI activist and councilwoman from Rio de Janeiro who was murdered in March 2018, and the LGBTQI congressperson and activist Jean Wyllys, who recently left Brazil because of threats against his life.
Fortunately, not all Brazilians are receptive to Bolsonaro's discourse. We live a situation of high polarisation. While many have indeed moved towards the far right and have adopted nationalist positions, many people are also increasingly convinced that what needs to be done is to guarantee more rights to more people.
In this context, what can rights-oriented civil society do?
Civil society moves within narrow margins. Our strategy is to generate a discourse that creates empathy among public opinion rather than a confrontational discourse permanently criticising the president because this would create trouble with a broad sector of society that would immediately reject it as leftist. We are going through tough times: it is not advisable to announce that you fight for human rights because human rights are associated with the left rather than viewed as things that belong to everyone. That is why we find it more productive to focus on real people and their stories, to show the photo of a flesh-and-blood person and ask our audience, 'don’t you think this woman is a hardworking person, who is struggling just like you, and who deserves better working conditions, who deserves to get ahead?'
It is really quite tragic to have to hide the struggle for human rights because it is not seen as a legitimate cause. Since President Bolsonaro was elected, a lot of activists have had to leave Brazil. Those who have stayed are being forced to choose: if they want to continue doing a direct, head-first kind of activism, they need to be willing to take risks. Nowadays, mine is a sort of diplomatic activism: I sit down to speak with businesspeople and I need to be open to chat with people who don't necessarily think like me or do things the way I think they should be done, but with whom I can achieve some progress.
What international support does Brazilian civil society need to continue working?
Although it may not seem obvious at times, because Brazil is considered a medium-high-income country, Brazilian civil society needs all kinds of support to continue working in this hostile environment. In my particular case, I was very fortunate to receive support from the Goalkeepers Youth Action Accelerator programme, which seeks to accelerate progress towards achieving the Sustainable Development Goals (SDGs). This programme supports a group of young activists who are using data in innovative ways to address SDGs 1 to 6, that is, to seek solutions to local development challenges related to poverty, hunger, health and well-being, education, gender equality and water and sanitation.
This support has been super strategic, since it included funding, technical support and connections, and allowed me to acquire new tools. Many more initiatives like this are needed, because Brazilian civil society is shrinking, and not only because of the political climate but also because of the economic crisis that has been going on for several years. According to a recent study, more than 38,000 civil society organisations closed their doors in Brazil between 2013 and 2016, and many of them used to provide basic services to vulnerable populations. The segment of civil society that has suffered the most is the one working on development and human rights advocacy: more than 10,000 organisations that closed down used to work in favour of minorities, such as black people, women, indigenous people and LGBTQI people, and the rights of communities.
Civic space in Brazil is rated as ‘obstructed’ by theCIVICUS Monitor.
Get in touch with Instituto Alinha through itswebsite or itsFacebook andInstagram pages.
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CHILD RIGHTS: ‘Anti-child rights groups are making up stories to convince the public’
As part of our 2019thematic report, we are interviewing civil society activists, leaders and experts about their experience of facing backlash by anti-rights groups and how they are responding. CIVICUS speaks to Ilaria Paolazzi of Child Rights Connect and Mieke Schuurman of Eurochild about child rights and attacks by anti-rights groups.
Can you tell us a little about your organisations and the work you do?
Ilaria: Child Rights Connect is the largest Geneva-based network of civil society organisations (CSOs) working on child rights. We have more than 90 members that are very diverse, including national, regional and international CSOs. Child Rights Connect is the expert organisation on the United Nations (UN) Committee on the Rights of the Child and the platform for joint civil society advocacy at the UN level. I’ve worked with Child Rights Connect for six years, and we are currently strengthening our coordination efforts with our members in the regions, for example in Europe with Eurochild.
Mieke: Eurochild is a regional member of Child Rights Connect. We are a European network of children’s organisations with almost 200 members across Europe, including all the European Union (EU) member states but also in many other European countries. I’m responsible for our work on child rights and child participation. We campaign for children’s rights to be implemented at the European level and focus in particular on vulnerable children in Europe, with three key priorities: combating child poverty and the social exclusion of children; the de-institutionalisation of children – making sure that children don’t grow up in institutions; and making sure that child rights are included in all EU policies, legislation and programmes. We do this by working very closely with our members and directly with children. We advocate towards the EU and actively engage for child rights beyond EU countries, including with the Council of Europe.
What are the main sources of attacks on child rights, and what role are anti-rights groups playing?
Ilaria: Attacks and restrictions on child rights are coming mainly from non-state groups, but also from some states. They are coming under the banner of advocacy for the protection of the family and traditional values.
Mieke:Our members have some serious concerns about anti-child rights movements in several countries in Europe. Particularly in countries such as Bulgaria, Czechia, Hungary, Poland, Serbia and Slovakia, there are anti-child rights movements, and these movements are gaining a lot of support. They use social media a lot, and use ‘fake news’ to be able to get their messages across, very much focusing on the cause of preserving the traditional family. Their messages are that child rights organisations are taking children away from their families, and this should not be accepted.
The campaign in Bulgaria went so far that in the end the prime minister there decided to stop the draft of the new strategy for the child, which would have introduced for the first time a holistic approach for family policy, oriented not only towards vulnerable children but also towards family support, including non-violent parenting. The anti-child rights movement strongly campaigned against the proposed new strategy as an ‘unallowable intervention into the family’, raising public support through propaganda and disinformation, and eventually the government gave in. In their campaign, they even used the logos of children’s civil society and of the child helpline in Bulgaria, spreading disinformation on their work as ‘paid from external sources in terms of selling Bulgarian children abroad’. Across the EU there is a free single number that children can call if they need support and help; they campaigned against this, on the basis that if children need help they can go to their parents and so they have no need to call a child helpline.
As a result of these movements, not only has development in child rights policies been stopped, but help and support to the most vulnerable children is being threatened.
They create a lot of fear and uncertainty among families. Research has demonstrated that the key supporters of these movements are conservative Catholics and conservative Protestants, but there is also a lot of support from Russia, and from Belarus and Ukraine, and also partly from the USA. Funding is coming from these countries to support anti-child rights movements.
It’s very hard for our members to campaign against it, because apparently these anti-child rights movements get something like 187,000 supporters on Facebook. We can question whether these are real supporters or fake ones, but it has the effect of mobilising a lot of uncertainty and uproar against children’s rights.
Ilaria:There is currently a member of the Committee on the Rights of the Child, the UN body responsible for monitoring the Convention on the Rights of the Child, who is Bulgarian and has been under direct attack from anti-rights movements in Bulgaria. These movements are generally very well informed and aware of what is happening at the international level and of the functioning of the Committee and they never miss opportunities to attack.
In 2014, the FamilyPolicy.ru group issued a 97-page report, Ultra Vires Acts by the UN Committee on the Rights of the Child, that aimed to delegitimise and dismantle the mandate of the Committee, calling into question its core functions by saying, for example, that the observations and general comments it issues should only be of a general nature and not go into details. It also included a specific call on states to denounce the Convention and refuse to ratify its third optional protocol on a communications procedure. This was quite a direct and unprecedented attack.
What do you think is new about these attacks, and where do they derive their power from?
Mieke:I believe these groups have always existed. They have always supported the family and the strength of the family, and gone against the rights of children, believing that parents can decide for children what to do and what not to do.
Maybe they have been able to increase their supporters very easily because of the opportunities given by social media. Also governments are not really doing anything against them. Civil society is not really being supported by governments. Governments are not making statements that support children’s rights or human rights. Some of our members are saying this is really what’s lacking now.
Ilaria:They also seem to have resources – much more than child rights organisations – and therefore the means to mobilise.
Mieke: That’s true. These anti-rights movements have a lot of funds. At the same time, the space for CSOs working on democracy and child rights is shrinking, which is particularly visible in terms of access to funding.
Ilaria:Another factor that is pushing them to become more active is the advance of certain topics within the child rights discourse that weren’t so prominent before, such as the issues related to gender identities, LGBTQI children and children growing up in LGBTQI families. While the child rights movement has yet to properly integrate a gender perspective into its work, children themselves are raising the issue in front of the Committee on the Rights of the Child, in front of the international community. But it’s something that’s adding onto the sensitive discussions around sexual and reproductive rights.
Another emerging issue is the role that children are taking as environmental human rights defenders. While many stakeholders are opening their minds about children’s right to be heard and the importance of having space where children can exercise their civil and political rights, there has been a lot of hate speech against those children speaking out online and offline. This reflects the still pervasive vision of children as objects and not subject of rights.
Mieke: What they are saying about LGBTQI rights is that people want to take away children to give them to gay foster families. They are opposed to sex education in schools.
We increasingly get reports that when children speak in public at the local level, such as in city councils, child rights defenders often get negative reactions and are told to shut up. Children themselves are experiencing these negative attitudes, which is difficult for them to deal with.
How is civil society, including your membership, responding to these challenges?
Mieke: Our members in Bulgaria are quite active, and they are now very active on Facebook, trying to get as many supporters as possible, but still the group is smaller than the groups for supporters of anti-child rights movements. Anti-child rights movements are making up stories to convince the public that child rights are bad for children, and so we also need to share our stories about what we are doing and why child rights are important for children. Maybe in responding we need to use less the language of rights of children and talk more about the wellbeing of children and the need for children to grow up in safe families.
Basically our members are trying to share their stories on social media and on television to try to get the mainstream public convinced about the importance of child rights. They say we shouldn’t engage with the extremists because we won’t be able to convince them, but we should instead target the public who might not have an opinion or who might not know yet what they agree with because they need to have the right information and need to know the other stories about child rights.
Ilaria:As the international level we continue to try to draw the Committee on the Rights of the Child’s attention to national-level contexts and challenges so that it can take these into account when making recommendations to states. For example, we made a reference to the Bulgarian and European context in our public statement to the Committee’s opening session in May 2019.
We are also always alerted about initiatives brought by anti-child rights movements on the protection of the family to the UN Human Rights Council (UNHRC), where there is always a danger around the corner. Here we collaborate and coordinate with CSOs beyond our membership and that are working on different topics, such as the human rights of older persons, in order to be aware of, and respond collectively, to such initiatives.
We did a lot of work in 2014 when the UNHRC adopted a resolution on the protection of the family and organised a subsequent panel. Many initiatives around this sought to introduce the idea that the family, understood as the nuclear family, has rights as a unit, without acknowledging the human rights of individual family members such as children, the different forms a family can take, and the responsibility of states to protect the rights of individuals and intervene, when appropriate. Child Rights Connect coordinated advocacy to offer states an alternative, more consensual angle, which was effective for finding constructive compromises during the negotiation of the resolution and also for reaffirming children’s rights during the discussions on protection of the family.
In 2017, we did the same in the context of a seminar on the protection of the family and disability organised by the UN Office of the High Commissioner for Human Rights (OHCHR). This year luckily nothing has happened, but we are always monitoring the situation and this is ongoing work, because child rights organisations working on specific issues might not be aware of these dangers.
We are also following and being alert about the discussions around alternative care of children with disabilities. In this context, some have been raising the issue of whether a right to a family exists or should exist. While we acknowledge the key role that families play for children, we think this is very dangerous for child rights in general, as it is not in line with the Convention on the Rights of the Child and opens up discussions around the rights of the family. So we are trying to empower everyone to understand the international law and the implications on child rights.
From 2017 we started to prioritise work on civil society space for children and children human rights defenders. What we have seen was that in moving beyond Article 12 of the Convention on the Rights of the Child, on the right to be heard, which was the main basis for claiming child participation rights until now, the human rights defenders framework and UNHRC resolutions on civil society space are helping us to talk about children’s civic and political rights. This is still quite an underestimated issue for many, and not only states, but also the Committee on the Rights of the Child, UNICEF, academia and child rights CSOs that are traditionally focusing on the economic, social and cultural rights of children.
When it comes to the fundamental freedoms of children, there is not a specialised CSO advancing the topic at all levels, and international human rights CSOs working on civil and political rights in general do not integrate a child rights-based approach in their work. There is still a big gap out there that Child Rights Connect is trying to fill through the angle of children human rights defenders.
What further responses are needed?
Mieke:I think the challenges are to make sure we get enough allies among civil society, in other fields, such as women’s rights organisations and disability organisations.
It’s also a question of resources, because if you continually have to be on social media to respond or share your stories, it takes a lot of time and human resources to do that work and you need funding to do this, so that’s also a big challenge. The need for measures to straighten media literacy is also crucial. We really need to find foundations and organisations that are able to support us and fund our work.
And then there is the challenge of getting states to speak up. Now we are trying to get the EU on board, to have a louder voice and tell states that they should support civil society in campaigning for children’s rights.
Ilaria:I think we have started, but we need to do more to connect children’s rights to human rights and work more closely with human rights CSOs and actors. I think the collaboration we’ve had with CIVICUS is emblematic. The Committee on the Right of the Child’s Day of General Discussion, held every two years in Geneva, helps. The 2018 Day on the theme of ‘protecting and empowering children as human rights defenders’ was an opportunity to strengthen the collaboration not only with CIVICUS but also with Amnesty International, International Service for Human Rights and other human rights CSOs.
We need to continue to make everyone understand what it means to apply a child rights-based approach. There are still too many who approach children as a solely vulnerable group or child rights as a theme and not as something that relates to everything, or that is impacted on by all human rights work.
Our work on children human rights defenders is helping this by making children be recognised as civil society actors and making all under-18 human rights defenders be recognised as children. However, we need to do more to clarify how to strike the balance between the protection and empowerment of children who act as defenders.
We keep hearing that children shouldn’t be exposed to risk by being called ‘defenders’ because it is a sensitive terminology, and we keep explaining that of course this must be taken into account for specific contexts, but it’s not an excuse for overlooking children’s civil and political rights. So we need to be sure we are taking criticisms in the right way, and addressing them appropriately.
Going back to the family rights issue, I think there is a need to also stress and clarify the positive role of families within the Convention on the Rights of the Child, and also say loudly that it’s not that human rights organisations are against families, which is one of the main claims made by anti-rights groups, and be clear that the existing human rights framework does give them certain rights, along with responsibilities and duties. One of our members had encouraged the Committee on the Rights of the Child to hold a Day of General Discussion on the role of parents and families in the realisation of children’s rights, with the objective of clarifying how states can best support parents and families in all their forms in order to ensure a healthy and nurturing family environment for children, but this wasn’t yet followed up by the Committee. But we are still exploring and working on this idea to help advance a positive discourse that counters anti-rights attacks.
What support, including from other parts of civil society, would most help make a difference to child rights?
Ilaria:I would say what would help us the most would be to mainstream effectively the protection, promotion and fulfilment of child rights in general. We welcome very much the roundtables between the OHCHR civic space unit and Geneva-based CSOs that CIVICUS is starting to organise. We participated recently and are really keen to use this to advance the mainstreaming of child rights within the UN human rights system, which is a big challenge.
Children and child rights are not yet taken seriously. We are really far from being there, and we are fighting constantly at all levels to be heard and for children’s views to be considered, because in many cases children are just given the space to talk for the sake of giving them a face and then nothing happens with the recommendations and the things they share. There is still a lot to do here and this should be a multi-stakeholder joint effort.
Get in touch with Child Rights Connect through itswebsite andFacebook page, orfollow@ChildRightsCnct on Twitter.
Get in touch with Eurochild through itswebsite andFacebook page, or follow@Eurochild_org on Twitter.
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CHILE: ‘Anti-rights groups become stronger when their narrative emanates from the government’
As part of our 2019thematic report, we are interviewing civil society activists, leaders and experts about their experiences and actions in the face of backlash from anti-rights groups and their strategies to strengthen progressive narratives and civil society responses. CIVICUS speaks to Héctor Pujols, spokesperson for Chile’s National Immigrant Coordination. The Coordination is a network that brings together activists and organisations that work for the defence of the human rights of Chile’s migrant population and advocates for legislative advances and the implementation of inclusive public policies towards migrant communities.
Can you tell us what kind of work the National Immigrant Coordination does?
The Coordination is a network of organisations, migrants’ groups and movements; we think that migrants need their own organisations. The Coordination has existed since 2014, but many organisations that are part of it, especially those of Peruvian immigrants, have been around for 20 to 25 years. Our membership is diverse and includes cultural organisations; thematic ones, dedicated for instance to labour or housing issues; sectoral ones, such as the Secretariat of Immigrant Women; those that are territorial in nature, linked to particular communes; and others that are organised by nationality, and seek to provide spaces and opportunities to Argentine, Ecuadorian, or Peruvian communities.
One of the Coordination’s main tasks, although not the only one, is political advocacy at the national level to improve the inclusion of the migrant population. We do it by organising ourselves as migrants, and coordinating with other organisations, including unions and civil society organisations of other kinds.
What does the Coordination think about the draft Aliens Law currently under debate in the Chilean Senate?
Historically, at least in contemporary times, Chile has not had a flow of immigration of comparable dimensions to other Latin American countries. The phenomenon increased in the 1990s, with Bolivian and Peruvian immigration flows, but it has been over the past 10 years that it has become more significant, with an increase in the number of immigrants coming from other countries in the region, mainly Colombia, the Dominican Republic, Haiti and, more recently, Venezuela.
In this context, about five or six years ago talk began about the need to update the 1975 Aliens Act, which had been established in the context of the dictatorship and had a national security focus. This law views the migrant as a foreign agent, an ideological agitator, someone who seeks to import the revolution. When this law was made during the dictatorship, the migrant that lawmakers had in mind was the typical one of times of the Popular Unity, Chile’s former leftist ruling party – Argentinians, Cubans and Uruguayans who came to support the leftist government or were seeking safe haven after fleeing other governments that persecuted them.
The new migratory context is quite different, and there has been broad consensus that the 1975 law does not conform to the current reality. For years the Coordination and other organisations have been demanding a new legal framework that enables the inclusion of the migrant population.
However, the debate has been complex and over the past year, after President Sebastián Piñera‘s inauguration, the government introduced a very similar bill to the one they had already submitted to Congress in 2013: one that shifts the focus from the foreigner viewed as an external agitator towards the foreigner as an economic asset, whose value depends on how much money they bring in their pockets. A complex debate ensued in which Chile has tried to position itself in the world by adopting a visa system similar to those of countries such as Australia or Canada, without the understanding that the migratory context and the characteristics of immigration in Chile are not the same as in those countries. This bill has already been passed by the House and is now in the Senate.
We think that, if passed, this law would greatly encourage irregular migration, which is already a big problem in Chile. It would encourage people to arrive as tourists and overstay their visas, with no prospect of regularising their situation even if they get a job. An irregular migratory status negatively affects access to all rights – to health, education and even to decent work. A person who cannot sign an employment contract will work anyway, because they have to make a living, but they will do so in much more precarious conditions. In sum, on the surface the bill adopts civil society discourse on the need to renew the legal framework, but it is fundamentally an anti-rights initiative.
The exercise of civic freedoms by migrants seems to have intensified. How do migrants view themselves in relationship to their citizenship status?
I think we do not see the exercise of our rights to organise, mobilise and claim our rights as tied to any citizenship status because the Chilean Constitution equates citizenship with nationality, as a result of which foreigners cannot be citizens. However, the Constitution also establishes that after five years of residence foreigners are allowed to vote. And regardless of length of residence or the rights assigned to us by the Constitution and the laws, in practice we exercise other rights that are related to being a citizen - we organise, mobilise and do political advocacy, even though this is banned by the Aliens Act.
The Aliens Act lists attacks against the interests of the state and interference with political situations of the state as reasons for expulsion. The ways it is interpreted and enforced are very arbitrary: it always results in the expulsion of people with progressive or critical views, rather that people with far-right political leanings. Not long ago, in 2017, some young Peruvians were expelled for having books on Marxism. The Coordination submitted an amparo petition – an appeal for the protection of basic rights – and won, but the expulsion order had already been executed and they were already out of the country.
This was not an isolated case; there have been several others. An Italian journalist was expelled because he did visual communications for the mobilisation process of a very important union. A Basque colleague was also expelled because of his involvement with the indigenous Mapuche communities; he was accused of having links with ETA, the Basque terrorist organisation. This was proven false but he was expelled anyway. All this happened under the administration of former President Michelle Bachelet, that is, independently of the incumbent government’s leanings.
You were in the middle of the discussion of the bill when calls for an anti-migrant mobilisation began. Who were the groups behind this mobilisation?
These groups were not new. They had already made another call before but it had not resonated as it did this time. These are groups linked to a long-existing far right, the kind of far right that never dies in any country. Although perhaps its presence declines at times, it always remains latent, waiting for the opportunity to resurface. These are groups that defend the dictatorship but know that if they go out to the streets to shout ‘Viva Pinochet’ many people will reject them. So they find different themes that allow them to further their narrative. For instance, they took advantage of the salience of the rejection of so-called gender ideology and joined anti-abortion marches, and now they are working around the issue of immigration.
Far-right groups are characterised by an extremely simple and exclusionary discourse: the other, the one that’s different, the one coming from outside, the stranger who is not Chilean – they are the enemy, because they are the cause of all the country's ills. These groups come from various places, but they all find protection under the current government’s institutional discourse, which blames everything on immigration. Weeks ago, President Piñera said that the increase in unemployment in Chile was caused by the arrival of migrants, even against his own Minister of Labour’s denials. His former Minister of Health said that the increase in HIV/AIDS in Chile was the migrant population’s fault. This institutional discourse, based on falsehoods, is taking root and is being taken advantage of by far-right groups.
What explains the fact that this time around they have had more of an appeal than in the past?
These groups become stronger when their narrative emanates from the government. The proposals put forward by the far right are the same as the government’s: for example, to deny healthcare to people with under two years of residence and to eliminate access to education. The government says, ‘let’s take rights away from immigrants’ and these groups move just one step further and say, ‘let’s kick immigrants out’. The underlying diagnosis is the same in both cases: we are being invaded, they are coming to take our jobs, they are coming to take our social benefits, Chile First.
Additionally, in this case social media is playing an amplification role. These groups have learned how to use social media. They learned a lot from Brazil’s experience; some actually travelled there to support then-candidate Bolsonaro. The skilful use of Facebook, Instagram and Twitter allows them to reach a wide audience – the Chilean who is going through hard times – to whom they offer a simple explanation and a solution: you can't find work; the fault lies with immigrants; the solution is to throw them out.
You mentioned a curious phenomenon: ultra-nationalist far-right groups that become internationalists, by networking, collaborating and learning from their peers in other countries.
Yes, there is an ongoing international process in which the Chilean far right learns from what the Argentine far right does, and the Argentinian far right learns from that of Brazil, and so on. The narratives we have heard in Chile are an exact copy of those used by the extreme right in Spain, where the phenomenon of the far-right Vox party emerged almost a year ago. They are an exact copy, even though the Chilean reality is very different. In Spain, the claim that migrants take up all social support was very intense, and in Chile the same discourse was attempted, since it is an international tactic, but not surprisingly it had less of an impact because social support in Chile is very limited. So it is not always working for them; it is a matter of trial and error. But these groups do form a network that is becoming stronger internationally, which is very worrying.
These groups summoned a mobilisation against immigrants that was scheduled for 12 August 2019, but in the end the march did not materialise. Can you explain what happened?
The call to the march was spread through social media, and a far-right influencer, a member of one of the organising groups, called on protesters to bear arms to defend themselves against the anti-fascist groups that had summoned a counter-demonstration.
In Chile it is necessary to request an authorisation to hold a street mobilisation, and in the capital, Santiago, the Municipality is in charge of giving the authorisation. After several conversations, and under pressure from socialorganisations and the Bar Association, which requested that the permit be denied, the Municipality did not authorise the march. There were some isolated incidents caused by about 20 people who attended notwithstanding, but not much else happened.
The Coordination convened another event on the same day, given that it was complicated for us to support the counter-demonstration held by anti-fascist groups in light of the limitations placed on immigrants’ rights to political participation. On that very same Sunday morning we held an event at the Museum of Memory, a space dedicated to the victims of the dictatorship. The focus of our call was the rejection of hate speech, which today happens to be targeted against immigrants but at other times has been targeted against women or against those who thought differently, and which leads to the practices we experienced under the dictatorship. When you dehumanise a person then you can then torture her, drop her body into the sea or make her disappear. That was our response. Around 150 people attended, which is not that many, but it should be enough to show that we are also part of this country and that we have memory.
What strategy should adopt the civil society that advocates for the human rights of migrants in the face of anti-rights groups?
These groups are here to stay, and they have already planned a new demonstration for 7 September 2019. The prevalent narrative focuses on an alleged migrant invasion, so ours is a dispute for common sense, a long-term struggle. We work in a strategic partnership with progressive and democratic movements, but these need to put aside their paternalistic attitude towards the migrant population. We do not want to be treated as helpless people in need of assistance; that is why we are an organisation of migrant persons, not an organisation that defends the rights of migrants. We do not want paternalistic aids; we want equal rights.
Civic space in Chile is rated as ‘narrowed’ by theCIVICUS Monitor.
Get in touch with the National Migrants’ Coordination through itswebsite, read Héctor Pujols’blog or follow@HectorPumo and@MigrantesChile on Twitter.
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CHILE: ‘There has been a citizen awakening of historical proportions’
Protests broke out in Chile in October 2019, initially led by students rejecting an increase in the price of transport and quickly escalating into mass demonstrations urging structural change. Protests were repressed with savagery by security forces. CIVICUS speaks about the protests with Soledad Fátima Muñoz, a Chilean activist and the founder of a mentoring programme and feminist festival,Current Symposium. (Photo by Kati Jenson)
How did something that started with a small increase in the price of the metro ticket become a mobilisation of unprecedented dimensions?
The first thing to clarify is that this was not caused just by an increase in the price of the metro ticket, nor is it an isolated protest. Mobilisations against the abuses derived from the neoliberal system have been a constant occurrence in Chile over the years. Among these were mass protests against the privatised pension system, against the Trans-Pacific Economic Cooperation Agreement and against the Fisheries Law, feminist protests and protests by the movement promoted under the slogan ‘Ni Una Menos’ (not one less), mobilisations about the historic debt owed to teachers, the student protests held in 2006 and 2011, and the more recent mobilisations by students against the so-called Safe Classroom Law. On top of this, there’s the outrage caused by systematic state repression of the Indigenous peoples in Wallmapu, the deaths of Camilo Catrillanca and Macarena Valdés, and the imprisonment of Machi Francisca Linconao and Lonko Alberto Curamil, among other political prisoners. Combined with a generation-long dissatisfaction with the impunity granted to those responsible for the tortures, disappearances and killings of thousands of people under the dictatorship led by Augusto Pinochet, this produced an environment conducive to a citizen awakening of historical proportions. After years of abuse, the Chilean people woke up and want a new constitution, since the current one was drafted under the dictatorship and was designed to promote social inequality.
The big difference between the current protests and all the previous ones is the response they triggered from the government of President Sebastián Piñera, who declared a state of emergency and a curfew, unleashing a police and military repression against the Chilean people that is only paralleled by the crimes perpetrated during the dictatorship.
The protests are not being centrally organised and are not guided by a single political motto; there are many independent initiatives calling for people to gather and demonstrate, through social media or through various independent information channels. Some of the most widespread demands call for a constituent assembly to write a new constitution. Frequently demanded are the nationalisation of basic services and natural resources, including copper, lithium and water. There are also demands for direct democracy and binding referendums, the prosecution of political and economic corruption, respect for Indigenous peoples and plurinational sovereignty, and for health, education and decent pensions. On top of these there are also more specific demands, such as raising the minimum monthly wage to 500,000 Chilean pesos (approx. US$650), reducing legislators’ salaries and raising taxes on the richest.
These were the reasons why the movement began, but in the face of excessive state repression, citizens are now also demanding the resignation and prosecution of President Piñera and all the people involved in the systematic violations of human rights that have taken place over the past month.
Twenty deaths have been reported during the repression of the protests, in addition to large numbers of people injured and under arrest. Could you describe the human rights violations committed against protesters?
It is difficult to estimate right now the human rights violations that are being committed by the Piñera administration, since – as was also the case under the dictatorship – thousands of detainees are being kept incommunicado. That is why, when people are taken away in the streets, they shout out their name, surname and identity card number. The latest official figures from the National Institute of Human Rights (INDH) account for 335 legal actions initiated, 489 victims represented, 6,199 people under arrest – 726 of them minors – and 2,365 injured people registered in hospitals. But it is difficult to confirm the veracity of these figures since the institutions that disseminate them may have been pressured by the government.
The INDH in particular partly lost its credibility when its director denied the existence of systematic human rights violations in our country on an open-air TV programme. That was simply a lie, since the institution itself had submitted complaints in the face of arbitrary actions by the police and the military. More than 200 cases of eye mutilations have happened as a result of the excessive use of pellets by the police, and there have been numerous cases of mistreatment, sexual violence and torture in detention centres. Additionally, there was an instance of repression at a school, Liceo 7 in Santiago, where a carabinero, a member of the military police, fired against students who were inside the building. There have also been raids on private homes and arrests made out of cars without police identification.
On top of repression by the security forces, there is a group of citizens who call themselves ‘yellow vests’ and say their mission is to maintain civic order and protect the work of the police, but in reality they are a violent far-right group. Among its members is John Cobin, who fired a firearm at a protester in broad daylight on the busy streets of the Reñaca resort. He belongs to the League of the South, a white supremacist organisation from California.
What immediate actions should the Chilean government take to safeguard civil rights and democratic freedoms?
A month into the protests, the government has not yet listened to its citizens, and instead has responded with increasing violence. In the early hours of 15 November, lawmakers reached a political agreement behind closed doors, named the ‘Peace Agreement’ which would lead to a new constitution. The agreement guarantees a ‘blank slate’ for free discussion to take place and establishes that the call for a constitutional convention is going to be done through a public referendum. But part of the mobilised citizenry is not satisfied with either the deadlines or the required quorum of two thirds established for decision-making by the constituent body, since they think it will redirect the current democratic process towards a system designed to protect the political class and prevent minority voices from gaining power.
I think what’s most important at this moment is the security of the citizenry and, above all, of the communities at greatest social risk, which are not only the most affected by the neoliberal system, but are also at the epicentre of the undiscerning violence applied by carabineros and the armed forces. An example of this happened in the community of Lo Hermida, in Peñalolén. After the authorities announced that they would not build the decent homes they had promised, inhabitants occupied the Cousiño-Macul vineyard. `Police repression was not long in coming, and in just one night 200 people were injured, two of them with severe eye trauma. In addition, carabineros broke in and threw pepper gas into homes with older people and minors inside.
It is time for the Piñera government to stop the repression, release the more than 6,000 protesters who are currently being held in detention centres, take responsibility for the consequences of its actions, and – for the first time in Chilean history since Pinochet – end impunity for the systematic human rights violations that have been committed. The Piñera government must respond before the law for the more than 20 people who have been killed and the 200 that experienced eye mutilations, plus the torture of minors and sexual abuses against women, men and non-binary people, since all of these were consequences of the lousy decisions made by the government, and would have been at least partly avoided if they had maintained a direct dialogue with the public since the beginning. In this regard, the slogan chanted on the streets is: "There is no peace without justice."
Do you think that the mobilisations in Chile are part of broader regional trends?
What is happening in Chile is structurally international, since it derives from the austerity measures perpetrated by neoliberalism. Chile’s current socio-economic system is rooted in European colonialism and was enshrined by Pinochet’s coup d'état in 1973. Specifically, it came from a group of students belonging to Chilean elites who studied in the USA in the mid-1950s, where they absorbed the ideology of extreme monetarism and neoliberalism, under the tutelage of Milton Friedman and Arnold Harberger. These students – nicknamed the ‘Chicago Boys’ – served as finance and economics ministers under the dictatorship and introduced extreme privatisation measures. These measures were accepted and naturalised by a citizenry that was in a state of shock and repression.
The consequences of this privatisation translate into abuses perpetrated by multinational corporations that are enabled by governments around the world. In Chile, a good example of this is the case uncovered by journalist Meera Karunananthan in an article published by The Guardian in 2017. The author explains that the Ontario Teachers' Pension Plan is the largest investor in Aguas del Valle, Essbio and Esval, which control 41 per cent of the water and sanitation system in Chile. This is possible because the constitution allows for the private ownership of water, which has left entire communities in a drought situation and unprotected by the law. However, in 2010 the United Nations’ General Assembly passed a resolution recognising access to water and sanitation as a human right. This means that in Chile human rights are violated not only through police repression but also through the maintenance of an unfair and abusive economic system.
The example cited above is just one within the great chain of international abuses perpetrated by corporations, including by the Canadian company Barrick Gold and the Norwegian state company Statkraft, which continue to abuse the policies of the Chilean subsidiary state and threaten our planet. That is why we must raise awareness at an international level so that the decisions of the Chilean people are respected and protection is provided to Indigenous peoples, without blockages or political interventions protecting foreign capital and perpetuating the destruction of our environment.
What support does Chilean civil society need from international civil society in this process?
At this time, it is important to recognise and create international awareness about the abuses committed against the working class, Indigenous peoples, Afro-descendant communities and sexual minorities. I personally have learned a lot in the course of these mobilisations. One of the most subversive things that citizens are doing is rejecting the right/left binarism that has so severely affected Latin American societies and that has been used by neoliberal governments as an excuse to repress working people. The prevalence of citizen politics that do not identify with any dogmatic position on the right/left spectrum meant that the government could not identify an ideological enemy and ended up declaring war on its own people.
Mainstream national and international media are misrepresenting the facts and building a narrative against the mobilised population. But unlike what happened in the past, we are now equipped with phone cameras and can report directly. I invite people around the world to get informed through independent media and civil society channels to really know what is happening.
Civic space in Chile is classified as ‘narrowed’ by theCIVICUS Monitor.
Get in touch with Soledad Muñoz through herwebsite or followmúsica_del_telar on Instagram.
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CHILE: ‘There is social consensus that the arbitrary exclusion of diverse families is unacceptable’
CIVICUS speaks with Marco Becerra, director of ACCIONGAY, about the process leading to the recent passage of Chile’s Equal Marriage Law. ACCIONGAY is a civil society organisation founded in 1987 in response to the HIV/AIDS epidemic, which was then ignored or minimised as a problem that only affected ‘risk groups’. Over time it expanded its scope of action to advocate for the rights of LGBTQI+ people, based on the principle that all people have the right to self-determination in relation to their lives, bodies, health, relationships and sexuality.
What was the process leading to the legalisation of equal marriage in Chile, and what role did ACCIONGAY play in it?
It was a long process, lasting about 30 years. The movement for sexual and gender diversity in Chile began to emerge in the late 1980s and early 1990s. This process had different stages. At first, work focused on the consolidation and visibility of the movement in a context of post-dictatorship political transition that was very unfavourable to the demands for equality of LGBTQI+ people. In the second stage, work focused on political advocacy to achieve effective commitment by political groups to tackle the challenges related to the inclusion of LGBTQI+ people.
By the late 1990s, some important changes began to take place, such as the repeal of a law that criminalised sexual relations between adult men. However, other demands – such as that for equal marriage – only came into the public conversation around 2005, when equal marriage was legalised in Spain. Around that time ACCIONGAY received a visit from Spanish activist Pedro Zerolo, who helped us understand the importance of broadening the debate on civil unions and the recognition of LGBTQI+ people’s rights.
In a broader sense, I would venture to say that demands for equality before the law were the result of a social and cultural change that Latin America had been experiencing for several years. The legalisation of equal marriage in Argentina and Uruguay, as well as its progress throughout Europe, prompted Chilean LGBTQI+ movements and sexual diversity organisations to mobilise around equality issues.
It is important to highlight the contributions of numerous organisations and activists who worked consistently over the years to build alliances with progressive political groups, which became committed to these struggles. The idea of civil unions became a reality during the first government of President Michelle Bachelet, in 2015, and later on, as favourable public opinion grew and the perception of these inequalities as an injustice increased, the demand for equal rights for same-sex families gained momentum.
The Equal Marriage Bill was sent to Congress by Bachelet’s second government in 2017 and finally passed in December 2021. It will come into force in March and will represent a very significant change for the lives of hundreds of families with same-sex parents who did not have any legal recognition and therefore experienced complete defencelessness before the state.
The keys to achieving this breakthrough were movement coordination, advocacy with political decision-makers and campaigning to raise awareness and sensitise public opinion.
How did this process interact with the 2019 wave of protests and the process to develop a new constitution that followed?
Chile is going through a complex, epoch-changing process that came about as a result of the 2019 social outburst. But the demands for equality and recognition of the rights of LGBTQI+ people largely predate this. This movement was already very strong before the social outburst, including a network of organisations that was very active and mobilised since the 1990s. However, the context of social mobilisation helped create an environment conducive to the consolidation of LGBTQI+ movement as a presence recognisable on the streets in citizen protests demanding more equality.
The profound social change that began to take place in Chile picked up on the historical struggles of LGBTQI+ organisations and movements that rose up in the context of the 2019 social outburst. To a large extent this was reflected in the number of LGBTQI+ people who recently got elected, especially for the Convention in charge of drafting the new constitution, as well as in the ministerial appointments of LGBTQI+ people made by the next president, Gabriel Boric.
Why did approval take so long, when polls showed very high levels of public support?
Although Chile has a very active civil society, its political system, even following recent changes, still includes extremely conservative enclaves. This was reflected in the difficulty that Congress had in moving this law forward, not least because there was no strong commitment from successive presidents. Nevertheless, Bachelet’s second government did act on the idea of legalising equal marriage. It was during her government that the Civil Union Law was passed and the Gender Identity Bill was sent to Congress, which was then passed during President Rafael Piñera’s term.
From the point of view of people’s perceptions, changes occurred because a social consensus was reached that the arbitrary exclusion of diverse families is unacceptable. Support for equal marriage is striking: almost 70 per cent of Chileans agree, and a similar number support adoption by same-sex couples.
Campaigns for equal marriage were mainly developed by LGBTQI+ organisations with the support of other social movements, human rights organisations and feminists, to name a few. At the same time, alliances, solidarity and trust were built not only with other social organisations but also with progressive sectors within political parties. Support for the Equal Marriage Law was quite cross-cutting, including a segment of the liberal centre-right that contributed their votes to make it possible. Only ultra-conservative sectors excluded themselves.
Some leaders of Evangelical Pentecostal churches, which have achieved some social influence in Chile, mobilised against the Equal Marriage Law, but were defeated in the parliamentary debate. The Catholic Church, on the other hand, remained silent, probably because in recent years it has lost social and political relevance as a consequence of the scandals of paedophilia and sexual abuse committed by members of the clergy against children and adolescents.
What will be the immediate effects of the new law, and what remains to be done?
This law will have immediate consequences as it will guarantee the enjoyment of all rights and the positive effects of marriage regardless of people’s sex or sexual orientation. As the law includes issues of adoption and parentage, it will solve a number of problems experienced by families of same-sex partners with children. For instance, non-biological parents had no legal rights to the children they were raising as theirs; now they will get legal recognition.
Chile has experienced a series of legal advances: the Anti-Discrimination Law in 2012, the Civil Union Law in 2015, the Gender Identity Law in 2018 and the Equal Marriage Law starting in 2022. However, high levels of discrimination persist in work and education. Violence against LGBTQI+ communities is rampant.
From March onwards, we will face the enormous challenge of reviewing our work agenda, especially since after 11 March we will have a progressive government that has incorporated equality and recognition of LGBTQI+ communities in its policy programme.
We are sure that this will be a very different government from its predecessors, and we are very hopeful that it will be possible to start closing the gap of real inclusion of LGBTQI+ people in all areas of social life, from public administration institutions to the educational sphere.
Civic space in Chile is rated ‘obstructed’ by the CIVICUS Monitor.
Get in touch with ACCIONGAY through itswebsite orFacebook page, and follow@acciongay on Twitter. -
CONSPIRACY THEORIES: ‘When social trust has been eroded, people don’t know what to believe’
As part of our 2019thematic report, we are interviewing civil society activists, leaders and experts about their experience of facing backlash by anti-rights groups and how they are responding. CIVICUS speaks about the role that conspiracy theories are playing with Chip Berlet,an investigative journalist and activist who specialises in the study of extreme right-wing movements in the USA.
You have done a lot of work around social and political speech that demonises specific groups in society. You call this the rhetoric of scripted violence. What is scripted violence, and how is it operating in the USA?
Scripted violence is part of a dynamic process in a society under lots and lots of stress. It starts with stories circulating in a nation that warn of subversion and conspiracies. These stories are called ‘narratives of insecurity’ by Professor Abdelwahab El-Affendi, and he warns that these stories can lead to mass violence and other forms of terrorism. The process continues with ‘scripted violence’, which is when a high-status political or religious leader publicly identifies and demonises a specific group of people alleged to be conspiring to ruin the ideal nation. The result is called ‘stochastic terrorism’. That’s an awkward term, but it just means that the specific terrorist act is unpredictable. Yet the violence has been generated by this three-step process that starts with conspiracy theories.
Conspiracy theories are nothing new, but now they seem to be more widespread than ever. What role has the internet played in spreading them?
Conspiracy theories have always been around. Conspiracy theories are improbable explanations alleging a vast conspiracy by evil powerful people and their cronies. Stories circulate that make allegations posing as facts. During moments of societal stress and political change it is often harder for folks to separate what is reality-based, what is political propaganda and what is pure fantasy.
The internet has been fertile ground for planting misinformation and conspiracy theories because it’s a new medium, and all new forms of mass media go through a phase in which they are easily misinterpreted, and there are as yet not enough safeguards in place, so it’s hard for folks to tell reliable and unreliable content apart. We live in a time in which too many people think stories are real if they are on the internet. When you go to a library, there is the fiction section, and then there’s the rest of the library, where you can find history, science and other material based on facts. But content has not yet been separated that way in the internet age.
We are going through an adjustment period. We are still learning how to use the medium. In the past, misunderstandings arose when people were using a new medium that they didn’t truly understand. In the USA, the best example of this happened in 1938, when a fictional story about a Martian invasion, The War of the Worlds, was broadcast during a radio programme, and people didn’t realise it was not real news, so some people called the police and went running out into the streets in a panic. Similarly, it is really difficult for the average person to differentiate between what’s a reliable piece of information and what’s just a conspiracy theory recirculated by someone with no training or understanding of the subject they post on. Much worse is when sinister propaganda is spread for political gain. There currently is no mechanism to separate what’s true and what’s fake on the internet, although I hope someday there will be.
Conspiracy theories abound on both right and left, but these days largely seem to be fuelling far-right movements. Do you see any affinity between conspiracy theories and the extreme right?
I don’t think it has as much to do with the left or right side of the political spectrum, but rather with fear and instability in a specific society at a specific moment. What would cause relatively normal and average people, wherever they are on the political spectrum, to act out against a claimed enemy? It’s because they believe their society is under attack, and then act accordingly.
In any healthy society there always are conspiracy theories circulating, but when you hear them from somebody pushing a shopping cart down the street with all their belongings and shouting about an imminent Martian invasion, almost nobody pays any attention. These conspiracy theories are dismissed because they are being circulated by marginal or low-status folks. Most rational people simply reject them.
In an unhealthy and unstable society, in contrast, people don’t know what to believe, and may latch onto normally farfetched theories to explain why they feel so powerless. When social trust has been eroded and there is so much anger, increasingly less legitimacy is assigned to people who have actual knowledge. Instead, it is transferred to those who will name the evildoers. And some people lack the kind of restraints that most of us luckily have and prevent us from attacking others who are not like us and might seem threatening or dangerous.
Let’s say I’m an average middle-aged, middle-class white male in the USA, and I’m stressed and anxious because I fear that my status in society is being diminished. And then someone comes and tells me it’s okay to feel that way because there are evil forces at play that are causing this and tells me who is to blame for what is happening to me. According to this narrative, I would be still seated near the top of the social ladder if it weren’t for those people.
Of course, people who have privilege see it as normal. We are not aware of it. So, when the status quo that has folks like them near the top changes – because previously marginalised groups successfully claim rights for themselves – the privileged don’t see this as the loss of unfair privileges, but as undermining the natural order, the traditional community or the nation itself. They talk about themselves as real ‘producers’ in the society being dragged down by lazy, sinful, or subversive ‘parasites’.
In other words, conspiracy theories are a reflection of a society that is under stress, and they cause people who would normally be ignored suddenly to have an audience to speak to because they appear to have the answer that everybody else is lacking. People are disoriented: they do not feel connected to a common narrative of a healthy nation. Folks feel that their society, ‘our’ society, is under attack by ‘the others’, whoever they might be. So, if someone comes and tells them the name of the group of ‘others’ who are destroying our idealised community or nation, then common sense will tell us to stop them. Perhaps we need to eliminate them before they attack us – and that’s the narrative storyline of every genocide in history.
Isn’t it strange that so many ‘others’ in today’s conspiracy theories do not really have the power that they are attributed: they are usually already vulnerable groups whose rights are being attacked?
There is an interesting dynamic storyline in many conspiracy theories about the sinister people below working with certain traitorous powerful people above. Conspiracy theories, especially in the middle class, tend to identify a group of evil people down below on the socio-economic spectrum when defining who belongs and who doesn’t belong to the nation. So, a lot of the problems are blamed on these people down below in the ‘lower’ class who are portrayed as lazy and ‘picking the pockets’ of the middle class by draining tax dollars. Barbara Ehrenreich, for example, wrote a book about this called Fear of Falling: The Inner Life of the Middle Class.
But the middle-class conspiracy theorists generally also blame a sector of the ruling elites who are portrayed as traitors. So if you look, let’s say, at the US political scene today, the narrative during the Trump administration blames some people who are down below and who are portrayed as lazy, sinful, or subversive. These folks are breaking the rules or taking advantage. But some people listed as conspirators are high-status: such as those rich, Democratic Party bureaucrats who are depicted as the ones pulling the strings, as in a puppet show. Sometimes those spreading the conspiracy theories use a graphic of a huge mechanical vice squeezing the middle class from above and below.
Is there anything that progressive civil society could do to counter these regressive trends?
There sure is. Democratic civil society has historically developed mechanisms to face these challenges. Historically, religious leaders and journalists have played a very important role in making these kinds of claims become judged unacceptable. But the influence of both of these actors has now collapsed. Religious figures have been losing their status everywhere except in religious authoritarian countries. The internet is undermining the influence of major news organisations, and the cost of producing good journalism has become very high relative to the cost of posting a rumour on the internet. So, democracies need to develop new safeguards and mechanisms to counter these trends.
In the age of the internet, these mechanisms have not yet been developed. But although we are going through a very unstable and stressful period, the situation is not hopeless. The history of democracy is a sort of cycle in which at some point things stabilise only to fall apart again eventually until resistance builds up and safeguards are put back in place.
Leaders with some status and legitimacy within democratic civil society need to admit that we are in a really bad place and we’ve got to fix it together, so that the answer comes not from the demagogic and authoritarian political space, but from the democratic one – the demos – and that’s all of us. People need to start talking to their neighbours about the things that are not going well and about how to fix them, because these problems can only be solved collectively. When doing activist training sessions, I tell people to go sit at a bus stop and talk to the first person who sits down next to them. If you can get up the courage to do that, then you certainly can talk to your neighbours and co-workers. Regular people need to start doing just that.
In the USA, there is a kind of smug, liberal treatment of people who feel that they are being pushed down the ladder. These folks are not ‘deplorables’; they are basically scared people. These are people who had a union job and worked in a machine shop or at building automobiles. They worked for 30 years and now have nothing: their whole world has been shot down while others have become billionaires. They cannot be dismissed as ‘deplorables’. That word slip may have actually cost Democrat presidential candidate Hillary Clinton the election. We need to engage these people who are so angry and disoriented in face-to-face conversations. We need to care about them.
How can these conversations take place when social media, increasingly the means of communication of choice, often operates as an echo chamber that solidifies beliefs and fuels polarisation?
I know, I’m so old-fashioned. My solution is actually quite low-tech. You know, my wife and I have been political activists for many years, and as students in the 1960s we were involved in the anti-racist civil rights movement. At one point black organisers said: if white people really want to challenge racism against black people they should move into white communities where there is racism and try to turn it around. So in 1977, my wife and I picked up our household and moved to Chicago, Illinois. We lived in an overwhelmingly white Southwest side neighbourhood where there was white racism, but also Nazis, literally guys in Nazi uniforms, kicking black people out of the neighbourhood. A house on our street was firebombed.
Eventually we became part of a community group, and for the first three years we were out-organised by neo-Nazis. Few things could be more mortifying for a leftist activist in 1970s USA. But in the Southwest side of Chicago there was also a multi-racial group, which we joined. One day some of us who were strategists were invited over to a house for a meeting with a group of black ministers. They sat us down and gave us coffee and tea, cakes and cookies, and then one of them asked, “Do you know why black parents take turns sleeping in your neighbourhood?” We looked at each other; we had no idea. They said, “That’s because when the firebomb explodes one of the adults has to be awake to get the kids out of the house.” It had never occurred to us that black parents had to take turns to stay up all night in their own homes so they could just stay alive. Then another of the ministers said, “Do you think all those white Catholic women want babies to get killed by firebombs?” We said no, and he replied, “Well, there’s your strategy.”
Our strategy was to start talking to people: first to Catholic women who were horrified to learn what was going on, then getting them to talk to their neighbours and members of their congregations. Eventually some white Catholic priests started talking about what was happening. Five years later, the neighbourhood had become safe for black people to live in.
It seems we still have a lot to learn from the civil rights movement and their organising tactics. Nowadays it’s so tempting to organise and mobilise online, because it’s so fast, but it’s also so much more difficult to create sustained commitment, isn’t it?
Yes. I think face-to-face organising is still how you change neighbourhoods, and how neighbourhoods change societies. But of course, you cannot ask young people who are using technology to organise and protest to let go of the internet. You can’t tell people to ignore the technologies that exist. We do have a technology that enables instantaneity. I post constantly on the internet, I have a Facebook page and so on. I think it’s great to use the internet to organise people to confront racism online as well as to organise counter-demonstrations when white supremacists gather. But that’s not enough, in the same way as in the 1960s it wasn’t enough for writers to just write about the evils of racism. Those kinds of articles were published all along, but nothing really changed until people started organising – that is, talking to their neighbours to challenge the status quo.
Take civil rights legend Rosa Parks, who sat down in the white section of a bus in Alabama. There is the misconception that her act was spontaneous, but it was nothing like that: it was a tactic created by a training centre that had been set up in the south by religious leaders and trade unions. Behind one black woman who refused to give up her seat in the front rows of a bus were 10 years of training and organising at the Highland Center.
In a way, that’s also what the young climate activists and the members of the new democracy movements are doing. Look at Hong Kong: it is people rising up and saying ‘enough,’ often organising online while also organising and mobilising locally, staying in their neighbourhood, talking to their neighbours, building networks. And internationally we see young people demanding a right to stay alive – just stay alive.
You need organisation, you need training in strategies and tactics, you need support groups, and you need to talk to your neighbours. That’s how it works; there is no magic formula.
Civic space in the USA is rated as ‘narrowed’ by theCIVICUS Monitor.
Get in touch with Chip Berlet through hisFacebook profile andAcademia page, follow@cberlet on Twitter, and visit Chip’sonline resources page on these topics.
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COSTA RICA: ‘Once legal change achieved, public policy should continue to focus on structural exclusion’
On 26 May 2020, Costa Rica became the first country in Central America to recognise same-sex marriage. CIVICUS speaks with Herman Duarte, a lawyer practising in Costa Rica and El Salvador and the director ofSimple Legal Consulting as well as the Latin America Liaison Officer of the International Bar Association’s Human Rights Committee and the founder and president of Foundation Igualitxs. Fundación Igualitxs is a leading think tank working on LGBTQI+ rights in Central America, focused on promoting equal civil marriage across the region. It works towards this goal by conducting strategic litigation at the national and inter-American levels, promoting its ideas in academic circles and partnering with high-level international allies.
What roles have civil society and the government played in the process leading to the legalisation of same-sex marriage in Costa Rica?
Costa Rica is a constitutional democracy structured as a unitary state with three branches of government – legislative, executive and judicial – that are in principle independent. At least in theory, the principles of the rule of law and equal legal treatment of all citizens are respected. But Costa Rica is also a confessional state: its constitution expressly recognises Catholicism as its official religion. In recent decades, evangelical congregations have expanded in number, reaching nearly 3,800. By 2017, more than 80 per cent of the population identified themselves as Catholic or evangelic; clearly, Costa Rica is culturally a conservative country.
In the context of a decades-long struggle by the LGBTQI+ rights movement, the kickstart came from the Government of Costa Rica, which in May 2016 asked the Inter-American Court of Human Rights for an advisory opinion regarding the patrimonial rights of same-sex couples. This consultation opened a window for all interested parties to present their arguments, which more than 90 very diverse actors did, including states, international organisations, civil society organisations (CSOs), universities and individuals. Hearings took place on 16 and 17 May 2017 and we took part in them.
The momentum generated by this event was reflected in the organisation of the First Equal Marriage Congress, held in San José, Costa Rica, in November 2017, which brought together more than 54 speakers from all over the region. In January 2018, the Inter-American Court published its decision, which stated that state parties should regulate the status of non-heterosexual families, opening the doors of civil (non-religious) marriage to same-sex couples. A group of 60 LGBTQI+ organisations in the region celebrated the decision as the most important in the history of LGBTQI+ rights to date.
At that time great discussion was elicited around whether the opinion of the Inter-American Court was binding for Costa Rica. The Constitutional Chamber of the Supreme Court of Justice of Costa Rica settled this debate in August 2018, when it argued that the sections of the Family Code that limited civil marriage to heterosexual couples were unconstitutional. The ruling gave the Legislative Assembly 18 months to amend legislation; otherwise, all restrictions would be lifted automatically, and as of 26 May 2020, any couple could marry with no obstacles in Costa Rica. And so it happened, since there was no legislative consensus to create new legislation.
On the path to the entry into force of the Court's ruling, important civil society campaigns were developed to increase social acceptance to accompany legal change.
Did you face backlash from anti-rights groups?
Conservative reaction has been brutal. It is important to understand that the LGBTQI+ community has framed its struggles around the demand for recognition of their human dignity and their equal value as human beings and that religious groups have mobilised as identity groups – groups whose identity is defined in a narrow, not universalistic way, in opposition to an enemy. These groups channelled resentments brought about by legal changes that advanced equality and gave hope to those who had felt displaced by them, leading to the rise of religious political parties.
In such context, the 2018 presidential elections became some sort of referendum on the rights of LGBTQI+ people, and specifically on equal marriage. An evangelical pastor, Fabricio Alvarado, then the lone congressman from an evangelical party, ran for the presidency, exploiting conservative people’s feelings of outrage and fear at the Supreme Court ruling. The candidate was noted for his incendiary statements; he declared, for example, that homosexuality was “caused by the devil.” This is how he climbed to the top of pre-electoral polls: in just one month, he went from three per cent to 17 per cent of voting preferences, and came first in the first round of the presidential elections, winning 14 of the 54 legislative seats as well. This represented a 1,300 per cent increase in the legislative presence of his political party.
The runoff presidential election revolved around the rights of the LGBTQI+ population. The runner-up, Carlos Alvarado, was the candidate of the incumbent party and was favourable to LGBTQI+ rights. His position eventually prevailed, but the elections forced us to confront the enormous power achieved by evangelical churches. Carlos Alvarado’s victory can be explained by several factors, one of which was the formidable mobilisation of civil society. Among the civil society campaigns that had an impact was that of the Coalition for Costa Rica, which sought to generate an informed and inclusive debate, disseminating the candidates’ proposals so that citizens could deliberate before voting, and ‘For all families’, a campaign that Igualitxs launched a week before the elections to spread an inclusive message and demand equal treatment for the LGBTQI+ population.
The deep division created around the elections has had consequences. Politicians who use religion to polarise society continue to abound. They protest because they think that the government is biased towards addressing the problems of the LGBTQI+ population. This tension has increased with the entry into force of equal marriage and the proposal of bills to censor hatred and discriminatory speech.
Do you think that the legal change has been accompanied by a change in attitudes? What is civil society doing to promote acceptance of LGBTQI+ people?
Legal change is one thing and cultural change is another. Legal change has offered human rights progress and has been a way to achieve the universal application of the law. It has been the result of a decades-long struggle by the LGBTQI+ community. But there is still homophobia, discrimination and violence against LGBTQI+ people. Once legal change has been achieved, public policy should continue to focus on structural exclusion. Because legal change by itself does not necessarily improve the feeling of belonging to a community. As the political theorist Bikku Parekh explains, while citizenship is a matter of status and rights, membership is achieved when one is accepted and feels welcome. And there is still much to do for this to happen. People’s attitudes do not change automatically just because a law is implemented. The law sets an objective parameter of what is allowed, but much more work needs to be done to modify the parameters of what is considered normal or morally acceptable.
Therefore, to prepare the ground for legal change, in the 18 months between the publication of the Supreme Court ruling and the entry into force of the decision, more than 35 local CSOs developed the ‘Yes, I accept’ campaign, calling for recognition of the equal dignity of all human beings. This campaign was accompanied by the media, by companies that are part of the advertising union, unions such as the Business Development Association, the United Nations and embassies such as those of Canada and the Netherlands.
The campaign featured testimonies from LGBTQI+ individuals, couples and families, as well as their relatives, neighbours and friends, with the aim of promoting acceptance and changing perceptions of what it means to be an LBGTQI+ person in Costa Rican society. It was activated nationwide, with videos that were broadcast for months not only on social media but also on national television. It is the best campaign that has ever been developed on the subject, and we owe it to Mrs Nisa Sanz, president of the CSO Familias Homoparentales, and Gia Miranda, the campaign’s official spokesperson.
The videos appeal to emotion and generate empathy. They led thousands of people who were not politically involved to give up their sacred right to privacy and stand up to exist as a reality rather than an abstraction. It put a human face on the abstract idea of ‘gays’, as presented by newspapers. By telling people that they would not be rejected, it created the conditions for them to lose their fear, since most LGBTQI+ people suffer some type of rejection in their daily lives, regardless of their social status. As a result, an active citizenry took part in the campaign, making it known that with or without a pandemic it would not take a step back from ground that had been won. This was decisive in making legislators who were trying to sabotage equal civil marriage understand that it would not be possible for them to stop it.
This was one of the most important civil rights campaigns in history, and will remain in memory as a light that shone amid the darkness of the pandemic. Just one day before access to civil marriage took effect for all adults in Costa Rica, the Catholic Bishop of Alajuela delivered a message that said: “We are glad that there are different types of human relationships, different ways of being a family, and I think that where there is a demonstration of affection and family love, in a way God manifests himself, and we have to favour this.” Although not necessarily reflecting the position of the entire institution, the words of this religious representative were the result of the excellent work done by activists to achieve the cultural change that was necessary to gain acceptance of LGBTQI+ people.
It is remarkable how Costa Rica went from criminalising homosexuality in the 1970s and closing gay bars deemed to be ‘perverse’ and persecuting gays with raids under the pretence of public health in the 1980s, to requesting an advisory opinion from the Inter-American Court in 2016 and, after a presidential election focused on the issue, appointing a presidential commissioner for LGBTQI+ affairs in 2018 and recognising equal marriage two years later.
We have just left behind another unjust law. And many people have understood that the fact that the union and life plans of two same-sex adults receive legal protection does not affect them in any way – if anything, it validates the institution of marriage in which they are also part – and that there is nothing wrong with being gay, and in any case no one ‘becomes gay’ as a result of this normalisation.
What is the regional significance of the progress achieved in Costa Rica?
Central America is one of the most hostile regions in Latin America for LGBTQI+ people. Murders of homosexual and trans people are frequent in El Salvador, Guatemala and Honduras. Costa Rica, as the first Central American country to approve equal marriage, should be a model for the entire region. The advisory opinion of the Inter-American Court is valid for the 20 countries of the Americas that recognise its jurisdiction. Panama could soon follow the path of Costa Rica: an unconstitutionality demand based on the ruling of the Inter-American Court has been filed, and the Iguales Panamá Foundation is coordinating the participation of international and domestic civil society in the process that is taking in Panama’s Supreme Court.
The Igualitxs Foundation has also long been working along the same lines in El Salvador, my country of origin. Salvadoran civil society has made immense progress. Based on the regressive leanings of the Legislative Assembly regarding equal civil marriage, for a decade and a half our efforts have focused on filing demands for the restrictive articles of the Family Code to be declared unconstitutional. I filed one of those lawsuits, titled Equality Lawsuit, on 11 November 2016. Shortly afterwards, several CSOs, such as Asociación Entre Amigos, Comcavis and Hombres Trans El Salvador, as well as numerous independent activists, filed a similar lawsuit.
As in Costa Rica, conservative sectors reacted strongly. In the Legislative Assembly they rushed to start the ratification process of an exclusionary constitutional reform that had been stagnant for years, and that would give constitutional status to the restrictive definition of marriage that we were questioning in the Family Code, which would effectively ban same-sex marriage. In the face of this, we requested a precautionary measure against the constitutional reform process and got the Supreme Court to stop it. It was as a result of this demand that the Igualitos movement was created, which would later become the Igualitxs Foundation.
The two unconstitutionality demands filed in 2016 were eventually admitted in August 2019, and in January 2020 a justice of the Constitutional Chamber of the Supreme Court announced that the court would shortly rule on this issue, and admitted that this is one of the court’s major outstanding overdue decisions. So we may be close to achieving our goal.
What support does civil society advocating for LGBTQI+ rights need from international civil society?
In the context of the COVID-19 pandemic, the situation is becoming increasingly difficult. States have their resources committed to fighting the pandemic, CSOs face budgetary constraints and the crisis is affecting everyone. In addition, many people are turning to faith to cope with the crisis and some religious groups are taking advantage and launching campaigns against LGBTQI+ people. However, it is still possible to take substantial measures and actions such as, in El Salvador, the approval of a bill that dozens of organisations are pushing for that would provide recognition to human rights defenders.
With regard specifically to our organisation, which has no funding and is entirely based on volunteering, we are taking it one day at a time, to regain the control that we have lost due to the pandemic. I think it is time to ask ourselves not only what we want and can get from life, but also what we can give back. This way we enter a zone of power, in which we retain agency despite limitations. Thus we leave our comfort zone to enter a growth zone. Starting from the acceptance of our reality, we need to do deep introspection to reinvent ourselves. This is the time to go back to believing that all of us have the potential to do great things and leave a mark if we act not to obtain flattery and gain popularity, but out of the satisfaction that comes from doing what is right and just, achieving positive impact in the world.
Civic space in Costa Rica is rated as ‘open’ by theCIVICUS Monitor.
Let in touch with Fundación Igualitxs through itswebsite andFacebook page. -
DOMINICAN REPUBLIC: ‘We are part of a global anti-racist movement’
CIVICUS speaks with Elena Lorac, coordinator of Reconoci.do, an independent and plural civic network made up mainly of young Dominicans of Haitian descent. Reconoci.do defends human rights and promotes the real, full and effective integration of Dominican people of Haitian descent into Dominican society. With a presence throughout the Dominican Republic, Reconoci.do upholds the vision of a multicultural country where diverse people coexist with dignity, without stigma or discrimination, and their fundamental rights are respected by society and protected by the state.
When and why was Reconoci.do founded, and what are the organisation's goals?
Reconoci.do is a movement of Dominicans of Haitian descent, mostly young, fighting for our right to nationality and for access to all the rights that derive from this belonging: civil, political and social rights, and rights as basic as the right to work, to housing, to education and health, which are systematically denied to us.
Our movement was formed in late November 2011, in reaction to a resolution by the Central Electoral Board that suspended “temporarily” the validity of our birth certificates and identity papers, that is, in a context in which, instead of seeing progress in the recognition of our rights, setbacks were taking place and historical exclusion was being institutionalised
Until 2010, the Constitution of the Dominican Republic recognised as nationals all persons born in the country’s territory, with the exception of diplomats and persons considered to be ‘in transit’, an expression that in principle referred only to those who had been in the country for a few days. For eight decades, under these definitions, the state provided a Dominican birth certificate, identity card and passport to the children of Haitians born in the country. However, in the 1990s nationalist groups began to promote a restrictive interpretation that was eventually translated into a new Migration Law. Under this law, passed in 2004, temporary foreign workers and undocumented migrant workers were classed as foreigners ‘in transit’, meaning that their children would no longer have access to Dominican nationality because of having been born in the country. The Central Electoral Board, the body that manages the civil registry, began to apply this law retroactively, and in 2007 it institutionalised this practice through two administrative decisions that prevented the issuance or renewal of identity documents to children born in the Dominican Republic of Haitian immigrants who were in an irregular migratory situation. In 2010, the new constitution denied the automatic right to nationality to children born in the country to immigrant parents in an irregular situation. Finally, in September 2013, ruling 168-13 of the Constitutional Court established that people born in the country whose parents had been undocumented had never had the right to Dominican nationality. The ruling was applied retroactively to all people born between 1929 and 2007, effectively stripping four generations of their Dominican nationality, mostly people of Haitian descent, who for eight decades had been registered as Dominican.
These legal changes institutionalised a historical exclusion that was perpetuated by policies of hatred, racism and xenophobia promoted by nationalist groups. From the dominant perspective, everything that comes from Haiti is foreign, alien and impossible to assimilate. Thus, people like me, born in the Dominican Republic to Haitian parents, are treated as foreigners. Because we were born in the Dominican Republic, the Haitian state does not consider us Haitians either. And in any case, we are talking about people who may have never been to Haiti, who have grown up here and speak Spanish; many younger people in fact don’t speak any Creole at all. Lack of recognition is excruciatingly painful.
To resolve the situation created by the Constitutional Court, and in response to domestic and international advocacy efforts, in 2014 Law 169-14, the Special Naturalisation Law, was passed. This law established a special regime for people considered “descendants of foreigners in irregular migratory status,” based on the distinction between two groups. For members of ‘Group A’, which included those who in the past had been registered in the Dominican civil registry, the law recognised their Dominican nationality and ordered the Central Electoral Board to hand over or return their identity documents. On the other hand, those in ‘Group B’, who, although having been born in the country, having always lived there and maintaining no link with their parents’ country of origin, had never been registered, were given a period of 90 days to register as foreigners, with the possibility of obtaining Dominican nationality through naturalisation within a period of two years. This distinction is completely arbitrary, and it is common to find families with siblings belonging to either group, as well as families that, having registered their children, lost their papers as a result of some natural disaster and could not initiate the naturalisation process due to economic hardship, being located far away from administrative offices and unable to pay the fees that the process involved. Only a few thousand people in Group B have managed to achieve nationality in this way. There are currently some 133,000 young people who are stateless.
I have obtained my identity card as a result of Law 169-14; it was given to me when I was 27 years old. My years of personal development and education and the early years of my productive life were cut short because I did not have an ID and therefore could not attend university. Several of my fellow activists are in the same situation. Some have been able to advance through college and even graduate, while others were not so lucky.
Have you brought the issue of Dominicans of Haitian descent to the attention of regional or international human rights forums?
For decades the international community and domestic civil society have been advocating at both the national and international levels, to denounce abuse, discrimination and structural racism in the Dominican Republic.
Jointly with other civil society organisations (CSOs), we work assiduously within the inter-American system, for example participating in hearings of the Inter-American Commission on Human Rights (IACHR). In 2014, the IACHR granted precautionary measures to members of our movement who had been threatened or attacked. Also in 2014, the Inter-American Court of Human Rights issued a ruling that forced the state to give us our nationality back. But the Constitutional Court did not recognse this ruling. The Dominican state does not abide by the decisions of the Court.
The state does not recognise that there is a problem to be solved. Today our struggle is much more complex than it was at the beginning because now there is a feeling that the situation has been resolved, but it has not. The vast majority of young people in this situation come from bateyes, which are ghettos or communities that were established during the time of sugarcane production around the end of the 19th century, when the Dominican Republic and Haiti reached an agreement to bring Haitian braceros to work in the country. These people, sometimes by deception and even by force, were taken directly to the bateyes, small villages located in the vicinity of sugarcane plantations. Young people who come from these places, which are located far from the cities, are in a very vulnerable situation. The vast majority have nothing; we are talking about families who have not had legal documents for generations, and without papers they cannot study or work. Those of us who manage to finish high school and intend to go to university usually encounter what I experienced: it was when I decided that I would go to university that I found out that, although I did have my birth certificate, I did not qualify because I was the daughter of Haitian parents. This was a huge blow for me, and it is just the same for tens of thousands of young people. You are suddenly told that you do not exist, and this entails enormous psychological trauma. The state blames our parents or grandparents, when in fact it was the state that brought them to work in sugar production – but given that the industry no longer exists, they want us to disappear as well.
These injustices block our prospects. They leave us without a future. That is why our movement arose from places like this.
What were the implications of this situation in the context of the health crisis caused by COVID-19?
The lack of recognition of something as basic as nationality creates enormous difficulties in accessing other basic rights such as health and social aid. The pandemic has magnified the difficulties faced by these vulnerable populations, confined in bateyes where there is no production or work. Many of these young people are chiriperos, that is, day workers, employed sporadically to do whatever is available, and the pandemic left them with nothing. They do not have access to any of the social aid programmes developed to alleviate the effects of the pandemic because they do not have IDs and do not appear in government records.
To what extent is the situation faced by people of Haitian descent in the Dominican Republic the result of racism?
This situation is the result of structural racism from beginning to end. The problem of access to nationality in the Dominican Republic has exclusively affected people whose parents or grandparents came from Haiti; this is not a general problem for foreigners. It is a reflection of structural racism because it is the Dominican people of Haitian descent, or those who are perceived as such due to the colour of their skin, who experience this violation of their human rights. This was recognised by the IACHR after a visit to the country, when it confirmed that it had not received any complaint from a descendant of non-Haitian foreigners who had experienced difficulties in being recognised as nationals, getting registered in the civil registry or receiving identity papers.
In the Dominican Republic it is believed that all blacks are Haitians. If I am black and have curly hair I am constantly questioned even if I have identity papers, and if I am unable to produce an ID, I can be deported because I am assumed to be Haitian. There have been cases of black Dominicans who have been deported because of their skin colour. Dominican women of Haitian descent who do not have papers and go to a hospital to give birth are treated as foreigners, fuelling the myth that Haitian women are occupying all beds in our hospitals, when most of these women are not Haitians but Dominican black women of Haitian descent.
Dominicans are a black population that does not see itself as such. There is obviously a problem of systemic, state-sanctioned, and unrecognised racism.
Thus, with the passing of time, as a movement we realised that the problem of nationality that mobilised us in the first place was not just a problem of papers, IDs and registry records, but also and more deeply a problem of identity and racial discrimination that goes back to the historical context of our ancestors.
We are therefore a movement that not only fights for the recognition of nationality and the rights of Dominicans of Haitian descent, but also shares the struggles of all anti-racist movements and mobilises against all forms of discrimination. This is why we stand in solidarity and support all kinds of expressions seeking to guarantee the rights of women, of sexual minorities and of all minorities who are stigmatised and discriminated against.
How did the US Black Lives Matter protests following the murder of George Floyd resonate in the Dominican Republic?
In reaction to events in the USA, we joined other CSOs to organise a commemoration. It was not strictly a protest demonstration, as restrictions on public gatherings had been imposed in the context of the COVID-19 pandemic, and we respected the mandated quarantine. And it was not only a demonstration of solidarity either, as George Floyd’s death had resonated in our context, where we have experienced similar situations of police abuse.
Along with other CSOs we organised an activity in memory of George Floyd. The idea was to make a ritual gesture, a collective wreath. Our convening slogan was ‘A Flower for Floyd’, and it was a call for each person to bring, whenever possible, a flower and place it as part of the offering. Our account of Floyd’s death also made reference to police and institutional violence many black people, both migrants and Dominicans, experience in the Dominican Republic, so as to highlight that this is a situation we are also going through.
Have you received threats or experience aggression from anti-rights movements?
There are several ultra-nationalist groups that are mobilising in reaction to our demonstrations and events, basically to intimidate us and boycott our activities. Ever since the Constitutional Court ruling was issued, the climate has become more favourable for hate speech and numerous acts of hostility against us have taken place. Many members of our movement and other organisations that fight for the rights of Dominicans of Haitian descent have been subjected to attacks, both verbal and physical, which have been reflected in numerous human rights reports. As a result, in some cases we have had to request IACHR protective measures for some colleagues. Even Dominican people who are not of Haitian descent but express solidarity with us are treated as traitors to the homeland. These expressions have become more common because they have not been firmly condemned by the authorities.
Every time we demonstrate on the issue of nationality and racism, there are always counter-demonstrations, and since the police never protect us, these groups generally prevail and we are forced to suspend or terminate our activities. This was the case with the event we planned to honour George Floyd.
Since the moment we announced the Flower for Floyd event, several ultra-nationalist groups threatened us through our Facebook page. They accused us of wanting to generate violence and of boycotting the country by bringing up issues that are not of its concern. We received such levels of threats that many people thought that we would not be able to carry out the activity. Days before the event, the leader of one of these anti-rights groups, Antigua Orden Dominicana, threatened us through a video in which he warned that if we carried it out there would be bloodshed, since the event would take place in Independence Park, dedicated to the Fathers of the Nation, which they would not allow.
On the day of commemoration, 9 June, these groups were present. It was not the first time that this happened. In 2017, during an activity that we carry out every year to mark the anniversary of ruling 168-13, they also showed up and a similar situation ensued.
On 9 June, these groups came to attack the activists that were taking part in the event, and when the police finally intervened it was to detain our fellow activists Ana María Belique and Maribel Núñez, along with another person who was participating in the event. Every time we hold a protest related to the issue of nationality and racism, the state comes in and represses us.
What kind of support would you need from international civil society and the global anti-racist movement?
We consider ourselves part of a global movement. Many times we have been told that the Black Lives Matter movement was caused by something that happened in the USA and that it was not our concern; however, as vulnerable and stigmatised people we understand that this is an issue that directly affects us and that we must address.
What we need is more support to disseminate information about the current situation in our country. The state has been consistently telling the world that there are no stateless people here, that there is no racism or xenophobia, that everything we say is a lie and that we are on the payroll of international CSOs who want to harm the country. What we seek is visibility and help to denounce the terrible realities experienced by Dominicans of Haitian descent. We do not have enough resources to publicise our cause, and international solidarity is what allows us to carry out our struggles and make them known worldwide.
International support is one of the things that has helped us get ahead. We have had support from groups of the Dominican diaspora in New York. One of them, We Are All Dominican, has supported us since 2013. In the context of the COVID-19 pandemic, they helped us ensure food and other basic needs for more than 250 families for three months. All support is welcome, whether it be expressions of solidarity, contributions to dissemination or protection for human rights defenders.
Civic space in the Dominican Republic is rated as ‘narrowed’ by theCIVICUS Monitor.
Get in touch with Reconoci.do through theirwebsite orFacebook page, and follow@reconoci_do and@juagemis on Twitter. -
El Salvador es uno de los pocos países que aún no han decidido que la vida de las mujeres importa
CIVICUS conversa con Sara García Gross, Coordinadora Ejecutiva de la Agrupación Ciudadana por la Despenalización del Aborto Terapéutico, Ético y Eugenésico de El Salvador e integrante de la Red Salvadoreña de Defensoras de Derechos Humanos. Fundada en 2009, Agrupación Ciudadana es una organización de la sociedad civil multidisciplinaria que busca generar conciencia para cambiar la legislación sobre la interrupción del embarazo en el país; defender legalmente a las mujeres que han sido acusadas o condenadas o por abortos o delitos relacionados; y promover la educación en materia de salud sexual y reproductiva.
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EL SALVADOR: ‘Legalising abortion is all about recognising women’s status as citizens’
CIVICUS speaks with Morena Herrera, president of Citizens’ Group for the Decriminalisation of Abortion, about the struggle for abortion rights in El Salvador, which has some of the most restrictive abortion laws in the world.
Citizens’ Group is a Salvadoran civil society organisation that works to raise public awareness of sexual and reproductive health issues, advocates for the reform of abortion rights legislation and provides legal support to women accused of or convicted for having abortions or related crimes.
What’s the situation of women who need to have abortions in El Salvador?
Currently, El Salvador’s laws do not allow abortion under any circumstances, not even in the case of a pregnancy of a nine-year-old girl, a pregnancy entailing risk to the pregnant person’s life, or a case of foetal malformation incompatible with extra-uterine life. Even in ectopic pregnancies, which occur outside the uterus and cannot be carried to term, doctors are usually forced to wait until there is no foetal heartbeat before performing the termination, putting the pregnant woman at serious risk of haemorrhaging.
This is the reality faced by women seeking to terminate a pregnancy in El Salvador. They face legal restrictions, criminal charges, prosecution and the risk of imprisonment. All they have left is clandestine abortion, which is often unsafe. Women living in poverty face much greater risks. Those with financial resources can leave the country and seek assistance somewhere where abortion is legal, while those with no resources have no options.
This explains why suicide has become the leading indirect cause of maternal death among adolescents. In the absence of alternatives for terminating a pregnancy, some adolescents with imposed or unwanted pregnancies see suicide as the only way out.
How are Salvadoran feminist organisations, including Citizens’ Group, working for abortion to be decriminalised?
Feminist organisations in El Salvador – particularly Citizens’ Group and the Feminist Collective – have worked to open up a conversation about abortion from new perspectives. We approach it as an issue of public health, social justice and reproductive justice, as well as from the angle of democracy, since at the end of the day it is all about recognising women’s status as citizens.
Citizens’ Group works along three interrelated lines. The first is litigation and the legal defence of women criminalised for abortion or obstetric emergencies. We have denounced this as a violation of human rights and have managed to get 73 women who had been convicted out of prison.
Our second line of work is advocacy and campaigns for legal change. We have disseminated a narrative in defence of women’s rights and freedom, and we have submitted initiatives to reform the Penal Code, along with an appeal for unconstitutionality and petitions to follow up on a Supreme Court ruling that recognised the need to reform the legislation.
In this area we have made uneven progress. There has been progress in the field of public opinion, but this has not yet reflected on the legal framework, partly because politics in El Salvador are controlled by a single party, and partly because religious and conservative parts of society have an enormous influence over the state.
Our third area of work is litigation in international arenas such as the Inter-American and the United Nations human rights systems.
Who is for and against legal abortion in El Salvador?
In El Salvador, these two blocs are not homogeneous. The one that actively opposes abortion is not very numerous, but it includes people with a lot of economic power, media influence and the capacity to put pressure on institutions. They are small in number but have a lot of power. For instance, for a recent hearing at the Inter-American Court of Human Rights (IACtHR), they hired expensive law firms and went very well prepared. They also have an army of social media trolls who attack and threaten those of us who argue that change is necessary.
However, on the side of change there are numerous organisations, not only feminist and women’s rights organisations, but also human rights organisations that have gradually come to understand that the absolute criminalisation of abortion is a violation of human rights. These organisations have supported us at IACtHR hearings even though the decriminalisation of abortion is not the main focus of their work. They have done so from a social justice perspective in the face of a reality that is too unfair for women, and particularly for poor women.
This bloc, in sum, encompasses a broad spectrum of organisations and people committed to human rights but working mostly outside institutions and with far fewer financial resources and access to influential media.
What significance could an upcoming IACtHR ruling on the Beatriz case have?
The Beatriz case is an emblematic case in the struggle for the legalisation of abortion in El Salvador. It’s the case of a young woman who was prevented by the Salvadoran state from having an abortion, even though her pregnancy endangered her physical integrity and her life.
An IACtHR ruling on this case would have enormous significance. Already at the end of 2021, the IACtHR condemned the state of El Salvador in the Manuela case, the case of another young woman who was criminalised after suffering an obstetric emergency and died because she did not receive the required medical attention. This ruling established that the criminalisation of poor women facing obstetric emergencies is inseparable from the context of absolute criminalisation of abortion.
A ruling in the Beatriz case would highlight other consequences of the absolute prohibition of abortion and could lead to legal reform that prioritises women’s rights.
Civic space in El Salvador is rated ‘obstructed’ by theCIVICUS Monitor.
Get in touch with Citizens’ Group for the Decriminalisation of Abortion through itswebsite orFacebook page, and follow@AbortoPORlaVIDA on Twitter.
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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.
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GRUPOS ANTI-DERECHOS: ‘Su verdadero objetivo es eliminar todas las políticas de género del Estado’
En el marco de nuestroinforme temático 2019, estamos entrevistando a activistas, líderes y expertos de la sociedad civil acerca de sus experiencias y acciones ante el avance de los grupos anti-derechos y sus estrategias para fortalecer las narrativas progresistas y la capacidad de respuesta de la sociedad civil. En esta oportunidad, CIVICUS conversa con Diana Cariboni, periodista y escritora argentina radicada en Uruguay, ganadora del Premio Nacional de Prensa Escrita 2018 y autora de varias notas de periodismo de investigación sobre los grupos anti-derechos en América Latina.
¿Podrías contarnos acerca de tu experiencia en el Congreso Iberoamericano por la Vida y la Familia?
En el año 2018 cubrí la conferencia de este grupo regional – en realidad iberoamericano, ya que tiene miembros en toda América Latina y también en España. Es un grupo grande que quiere ser un movimiento. Es uno de los tantos, porque hay muchos otros, que además se entrecruzan, ya que miembros del Congreso Iberoamericano también forman parte de otros movimientos e interactúan dentro de ellos, al tiempo que están en los consejos de distintas organizaciones.
Yo empecé investigando a este grupo porque se reunió aquí en Punta del Este, Uruguay, a fines de 2018, y venía precedido de algunos incidentes que me llamaron la atención. Los sectores más importantes que yo logré identificar dentro de este movimiento son, en primer lugar, una enorme cantidad de representantes de iglesias evangélicas y, dentro del evangelismo, del neopentecostalismo, aunque también incluye a iglesias bautistas e iglesias evangélicas no pentecostales.
Además de estas iglesias está representada la plataforma Con Mis Hijos No Te Metas, que surgió en Perú en el año 2016, integrada por una serie de personajes que son cristianos evangélicos. Algunos de ellos son pastores de iglesias y algunos son también actores políticos; por ejemplo, hay una gran cantidad de diputados del Congreso de Perú. Justamente, los legisladores son otro sector importante del Congreso Iberoamericano. En muchos países hay legisladores que son pastores o miembros de iglesias: ocurre en Argentina, Bolivia, Brasil, Colombia, Costa Rica, Guatemala, Paraguay, Perú y Uruguay. Estos actores están tratando de articular un movimiento legislativo regional. El Congreso Iberoamericano lleva cierto tiempo trabajando en el área legislativa y coordinándose y haciendo declaraciones sobre determinados temas.
México también es un foco importante porque el fundador del Congreso Iberoamericano es un mexicano, Aaron Lara Sánchez. El movimiento ha articulado espacios de comunicación como Evangélico Digital, que integra un grupo de medios digitales originado en España. También ha creado o quiere crear una especie de grupo de estudios, porque a todo esto le quieren dar un barniz científico, y en sus conferencias participan médicos, abogados, expertos en biología y en genética; todos ellos argumentan la concepción religiosa de que la familia solo puede estar integrada por un hombre y una mujer, que los únicos sexos posibles son el masculino y el femenino y que la persona humana se genera en el momento de la concepción; de ahí su oposición frontal al aborto. Están articulando un discurso pseudo científico para fundamentar estos argumentos a pesar de que la investigación científica indica otras cosas. Su objetivo es construir un discurso que no sea visto tan como de la Edad Media; por eso buscan converger con el sentido común del siglo XXI y hablan de ciencia y de Estado laico, aunque no sea más que un barniz superficial. Por su parte, el discurso de Con Mis Hijos No Te Metas cuaja bien con el sentido común, porque es una apelación muy fuerte a la familia y les dice a las madres y a los padres que tienen derecho a decidir qué educación reciben sus hijos en las escuelas.
¿Caracterizarías a estos grupos como anti-derechos?
Efectivamente, porque su verdadero objetivo es eliminar todas las políticas de género del Estado. De hecho, yo entrevisté al fundador de Con Mis Hijos No Te Metas, Cristian Rosas, quien me decía: ‘Nosotros empezamos por la educación sexual porque era lo que más movilizaba a la gente, porque se refiere a sus hijos, pero lo que en realidad nosotros queremos es eliminar el género, la palabra género, en Perú y en el mundo entero’. El tema es que detrás de esa palabra, género, está el asunto crucial del reconocimiento de las identidades y la búsqueda de equidad: las luchas de las mujeres por terminar con su discriminación y subordinación y las luchas de las comunidades LGBTQI por gozar de los mismos derechos y garantías que tiene el resto de la población. Ellos dicen que estas luchas son innecesarias porque nuestras constituciones ya dicen que todos somos iguales ante la ley, entonces para qué establecer leyes o estatutos especiales para las personas LGBTQI. Lo que pasan por alto es que las personas LGBTQI, y en particular algunas de ellas como las personas trans, no acceden efectivamente a esos derechos ni a las condiciones de una existencia digna. Ellos se empeñan en ignorar esto, y en cambio sostienen que lo que las personas LGBTQI están buscando es que el Estado les financie sus estilos de vida.
En Uruguay vimos recientemente un ejemplo de política anti-derechos promovida por estos sectores. Un diputado católico suplente del Partido Nacional, un diputado evangélico neopentecostal, también del Partido Nacional, y el líder de la iglesia evangélica más numerosa del Uruguay, que también es neopentecostal – todos ellos miembros del Congreso Iberoamericano por la vida y la Familia - llevaron adelante una campaña para derogar la Ley Integral para Personas Trans. De hecho, la campaña de recolección de firmas se anunció durante aquel congreso de Punta del Este.
¿Quiénes eran las personas que participaban en ese congreso? Por tu descripción, parecería un encuentro más de cúpulas que de masas.
No es la feligresía la que se reúne en este caso, sino que son pastores, dirigentes, políticos, líderes de opinión, influencers que buscan aprovechar el lenguaje y los códigos con que se comunica una buena parte de la población, y sobre todo los jóvenes. Pero aún así, era un encuentro de unas 400 personas.
Este evento era cerrado, no podía entrar la prensa; yo me inscribí como una participante más, pagué la inscripción de 150 dólares y entré sin que los organizadores supieran que yo estaba cubriendo el evento como periodista. Además de pagar tuve que mudarme a Punta del Este por tres días, quedarme en un hotel y convivir con esta gente de la mañana a la noche. Por momentos se volvía un poco asfixiante porque la forma en que ellos desarrollan sus actividades no es la misma que en un congreso o una conferencia comunes, donde vos escuchás las presentaciones en los paneles, tomás nota y estás sentada en un auditorio junto con otras personas que hacen más o menos lo mismo. En este caso todas las instancias, incluso los paneles, se mezclaban con oraciones religiosas y plegarias en estilo evangélico. Este no es como la misa católica, que está muy coreografiada, con el sacerdote en el rol protagónico, donde ya se sabe más o menos lo que va a decir y la feligresía responde con determinadas frases en momentos pautados, se sienta, se para y nada más. La experiencia evangélica es muy diferente: la gente habla, grita, levanta los brazos, se mueve, se toca. El pastor les da instrucciones, pero aún así todo es mucho más participativo. Se me hizo difícil pasar desapercibida, pero lo conseguí.
Además logré obtener un buen registro de lo que ocurría, lo cual no estaba permitido. Había muchísima vigilancia, me hubieran echado si se hubieran dado cuenta. Lo supieron cerca del final: a último momento decidieron organizar una conferencia de prensa y prácticamente no había ningún medio que no fuera de ellos. Yo no sabía si ir o no, pero al final decidí hacerlo, porque al fin y al cabo ya había asistido a todas las sesiones. Estuvo también un periodista del semanario Búsqueda. Allí me permitieron hacer entrevistas y me dijeron que solo podía publicar lo de la rueda de prensa, pero no lo que había escuchado dentro del congreso. Por supuesto, no había nada que pudieran hacer para impedirlo y mi artículo ‘El género es el nuevo demonio’ salió publicado en Noticias poco después.
Estar allí adentro me permitió entender algunas cosas. Ciertamente, hay intereses muy poderosos, religiosos y políticos, detrás de las campañas anti-derechos. Pero también hay expresiones religiosas genuinas, distintas formas de abordar la vida, sectores ultraconservadores que experimentan un auténtico rechazo hacia la vida del siglo XXI. Lo que observé en este congreso es el tremendo extrañamiento que alguna gente siente respecto del mundo actual, una realidad que difícilmente pueda volver atrás, pero que ellos sienten completamente ajena: la realidad del matrimonia igualitario, de las relaciones interpersonales y sexuales diversas, la de la educación sexual, el placer y las drogas, la libertad de elegir y el aborto. Esto hay que reconocerlo: hay sectores de nuestras sociedades que no se sienten parte de este mundo del siglo XXI y así reaccionan ante estos avances, que ellos interpretan como degradación y corrupción.
Estos grupos tienen un discurso nacionalista que percibe a los Estados nacionales y a los pueblos como sometidos a dictados foráneos que se consideran malignos, incluso como mensajes del diablo o del demonio. El mal se encarna en una serie de instituciones descriptas como imperialistas: las Naciones Unidas, la Organización de Estados Americanos, el sistema interamericano de derechos humanos, los organismos internacionales de crédito, la Organización Mundial de la Salud.
¿No es por lo menos curioso que apelen al nacionalismo cuando ellos mismos se organizan en redes transnacionales y están activos en el terreno internacional?
En el marco de esta batalla cultural que se está librando a nivel internacional, lo que estos grupos no ven es que ellos también son actores en el terreno internacional, aunque más no sea con el objeto de debilitar el alcance del derecho internacional. Apuntan contra los órganos que supervisan los tratados y convenciones, por ejemplo la Convención Americana de Derechos Humanos o la Convención sobre la Eliminación de todas formas de Discriminación contra la Mujer; dicen que se trata de comités de expertos cuyas sus recomendaciones no necesitan ser tenidas en cuenta por los Estados cuando contravienen su derecho interno.
Una discusión reciente en este terreno se generó en torno de la opinión de la Corte Interamericana de Derechos Humanos ante una consulta de Costa Rica acerca de la identidad de género y el matrimonio igualitario. Costa Rica le preguntó a la Corte si en virtud de la Convención Americana de Derechos Humanos estaba obligado a reconocer la identidad de género de las personas y los derechos patrimoniales de las parejas del mismo sexo. En respuesta, la Corte IDH le dijo a Costa Rica, y por lo tanto a todo el continente, que se trata de derechos protegidos por la Convención. A partir de allí se dio una discusión muy fuerte, porque para los sectores anti-derechos se trató de un caso de un órgano internacional que actúa por encima de los Estados, las constituciones y las leyes nacionales.
Mencionabas que en el Congreso Iberoamericano por la Vida y la Familia había muchos políticos de diferentes países. ¿Te parece que estos grupos quieren gobernar y se están preparando para llegar al poder? De ser así, ¿Cuál es su estrategia para lograrlo?
Ante todo, sí creo que hay una voluntad de gobernar, que tiene que ver con la evolución del movimiento neopentecostal surgido en los Estados Unidos y luego expandido por todo el continente. El argumento es simple: Si nosotros somos la luz del mundo y la sal de la tierra, estamos llamados a tener un impacto, tenemos que gobernar porque somos los elegidos para ello.
Ahora bien, las estrategias son diversas. Predomina el pragmatismo, de modo que la estrategia depende mucho del contexto. En algunos casos crean partidos propios - religiosos, evangélicos o ultraconservadores - en los que se sientan representados; en otros casos optan por presentar candidaturas a través de distintos partidos. Actualmente en Argentina, por ejemplo, hay candidaturas de este tipo prácticamente en todos los partidos, excepto la izquierda más radical; están tanto en el oficialismo como en la principal coalición opositora. Además hay un pequeño partido formado recientemente, el Frente NOS, fundado sobre la base del rechazo de la ideología de género en el contexto del debate legislativo sobre la legalización del aborto, pero que en las primarias no sacó casi votos. No creo que logre demasiado en las elecciones; en cambio tendrán éxito muchas candidaturas que están en distintas listas, tanto a nivel federal como las provincias.
Otra estrategia complementaria es la de insertarse en los gobiernos desde los niveles más bajos, sobre todo en los países con estructura federal, donde pueden acceder a cargos de dirección en las áreas de salud, educación o justicia; de ahí la estrategia de formar expertos - abogados, juristas, expertos en bioética – que puedan integrarse en distintos espacios de la administración pública. Eso lo veo mucho en Argentina.
En el caso de Uruguay estos sectores están bastante concentrados en un sector del Partido Nacional, que ya tiene algunos diputados evangélicos y neopentecostales y es muy probable que en las próximas elecciones sean algunos más. Creo que es muy probable que de las elecciones de octubre de 2019 en Uruguay emerja una bancada evangélica. También hay algunas figuras similares en los otros partidos, aunque son mucho menos visibles.
También en Uruguay ha surgido un fenómeno nuevo, bajo la forma del partido Cabildo Abierto, encabezado por un ex jefe del Ejército, el primero en declararse como partido anti-ideología de género. Es un fenómeno nuevo porque los líderes y principales figuras del Partido Nacional, que es el que hasta ahora cobijaba a la mayoría de estos personajes, no apoyan estas posturas. Aunque es un partido nuevo y pequeño, las encuestas le dan a Cabildo Abierto entre 7 y 10% de intención de voto, o sea que posiblemente elegirá a algunos diputados, y tendremos un partido que tiene una posición de bloque.
¿Te parecen especialmente preocupantes estos avances en un país como Uruguay, descripto a menudo como el más laico de América Latina?
Sucede que el voto confesional no es automático. En argentina la feligresía evangélica es un porcentaje importante de la población y está creciendo, pero en este momento hay apenas diputado evangélico en el Congreso Nacional. Más o menos lo mismo podría decirse sobre la mayoría de los países: la población que se declara de determinada religión no necesariamente vota a candidatos de esa religión. En otras palabras, el voto confesional, que es lo que estos sectores pretenden instalar, no está teniendo éxito de manera automática en todos los países. En Brasil el voto confesional ha avanzado sustancialmente, pero este avance llevó décadas, además de que se relaciona con características propias del sistema electoral brasileño de listas abiertas que permitió que este tipo de candidaturas se fuera desparramando por muchos partidos, incluido el Partido de los Trabajadores cuando era gobierno. Este crecimiento cuajó en el importante apoyo que prestaron los sectores evangélicos a la candidatura del presidente Jair Bolsonaro, cuyo triunfo también alimentó a la bancada evangélica.
En suma, una cantidad de factores inciden en cómo se vota en determinado momento y las personas no necesariamente se guían por el credo religioso del candidato a la hora de votar. Pero esto es algo que se podría poner en cuestión en estas elecciones. En Argentina y en Uruguay hay elecciones en octubre, el mismo día; en Bolivia una semana antes; y también en octubre hay elecciones regionales en Colombia, con muchos candidatos de este tipo en distintas formaciones. Pronto tendremos un panorama de cómo evoluciona el voto confesional en cada país. Es un tema que hay que observar de cerca para saber si se trata de un fenómeno lineal en acenso, de un proceso con avances y retrocesos, o de un fenómeno que está tocando un techo.
Contáctese con Diana Cariboni a través de su página deFacebook y siga a@diana_cariboni en Twitter.
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GUATEMALA: ‘Anti-rights groups seek to maintain the privileges of some at the expense of the rights of others’
CIVICUS speaks with the team of Visibles about recent anti-rights developments in Guatemala.
Founded in 2017, Visibles is a Guatemalan organisation that works to achieve the full inclusion of diverse people and build a society where all people can exercise their rights and enjoy respect, freedom and wellbeing.
The draft Law for the Protection of Life and the Family had been shelved for several years. Why was it finally approved now?
Bill 5272, passed by the Guatemalan Congress as Decree 18-2022, increased penalties for abortion to a minimum of five years in prison and banned same-sex marriage and the teaching of sexual diversity in schools.
It had been submitted on 26 April 2017 by a representative of the conservative party Visión con Valores (‘Vision with Values’). After obtaining a favourable opinion from the Committee on Legislation and Constitutional Affairs, the full Congress discussed and approved it on its first two readings in 2018.
But to pass a law in Guatemala, it is necessary to gather the support of a certain number of lawmakers before submitting it to a vote on the floor. This did not happen until 2022, when the ruling alliance and the political and economic groups that support them made it one of their priorities to promote this conservative agenda.
The current president of Congress, Shirley Rivera, came to this position after a very limited career, focused solely on proposing laws that stigmatise the transgender population and seek to grant greater freedoms to churches, particularly in the way they report on their finances.
In March, in a sort of counterbalance to the traditional celebration of International Women’s Day, a day of feminist mobilisation, Congress declared a National Day of Commemoration of Life and Family and approved this regressive initiative. From its various branches, the state promoted a number of communication actions and events involving national and international groups linked to the anti-gender movement, aimed at promoting the defence of life from the moment of conception and a traditional, narrow and exclusionary definition of the family – that is, a broad cause that seeks to restrict the autonomy and freedoms of women and LGBTQI+ people.
On the same date, Congress passed Decree 18-2022, and by an overwhelming majority: only eight out of 160 legislators voted against it, while 52 abstained.
Do you see this move as part of a broader regional anti-rights trend?
It definitely is. Anti-rights groups in Guatemala are part of a highly organised and well-funded transnational movement that aims to undermine the rights of women and LGBTQI+ people, as well as the broader participation of civil society in public debate and decision-making.
The passing of Decree 18-2022 was not a reaction against the very limited progress made in recent years in the recognition of sexual and gender diversity and women’s rights. It served to reinforce social hierarchies that benefit the powerful and maintain or even increase their power.
Women and LGBTQI+ people are easy targets. The attacks against us reflect a resistance to the social transformations we seek: to unleash the talents and potential of more than half the population.
The feminist, women’s, and diversity movements represent some of the obstacles facing this project of power and control, but they are not the only ones. Another obstacle arises from the fact that thanks to increased access to technology, social discontent has grown and voices have risen demanding accountability. There are growing demands for urgent action to transform the economy to ensure that it serves to create better opportunities for all individuals and families, as well as growing attention on issues such as climate change and the preservation of the environment and of the lives of those resisting transnational extractivism.
How did civil society organise in the face of this anti-rights attack?
In Guatemala, there are numerous organisations – women’s, Indigenous peoples’, youth, sexual and gender diversity, student and religious organisations – that have organised to resist the advances of this regressive agenda. After spaces for the fight against corruption shut down, following the dissolution of the International Commission against Impunity in Guatemala in September 2019, one of the main developments that took place was the criminalisation of those who had promoted it, from human rights defenders to prosecutors and judges who had worked within state institutions.
This closure of spaces prompted the search for new ideas and routes to advance the construction of justice. Now, resistance to the entry into force of Decree 18-2022 has shown us the way.
The state of Guatemala has actively and systematically collaborated to create a narrative hostile to the rights of women and LGBTQI+ people. And it has done so in a very hypocritical way, as it has promoted public policies that invoke the protection of life and family while at the same time demonstrating a complete lack of commitment to improving the conditions in which Guatemalan individuals and families live. This incoherence becomes an insult when a law is passed that, by criminalising women and LGBTQI+ people, endangers more than half of the population.
On the same day that Decree 18-2022 was passed, protests began. Street pressure was novel and important: it showed that organisations can work in a coalition and that people are willing to join in and look out for the welfare of all.
Mobilisation raised the cost the government would pay if it validated the congressional decision. The administration led by President Alejandro Giammattei was already unpopular and facing a growing number of demands for accountability – from journalistic investigations revealing the misuse of power and allegations of corruption to international sanctions against key officials. In this context, President Giammattei threatened to veto the law on the grounds that it violated Guatemala’s constitution and international agreements Guatemala has made, and Congress reacted by reversing and shelving the law.
How is Visibles working to improve the situation of LGBTQI+ people in Guatemala?
Visibles works to change people’s ideas, attitudes and behaviours towards LGBTQI+ people and their rights through research, training, proactive communication, and advocacy efforts. We believe that our long-term vision – that of a society that is fully inclusive of diverse people, ensuring that we all enjoy respect, freedom, and wellbeing and can exercise all of our rights – is only achievable if we start by having one-to-one conversations with families, friends, and people within our spheres of action so that we can move together from a position of prejudice to one of acceptance.
The experience of collective resistance in the face of anti-rights advances united inspired and engaged us further. Resistance against a tangible policy that seeks control over our bodies and our lives as women and LGBTQI+ people challenged us much more directly than a distant and abstract notion of access to justice. Today we are driven by the collective construction of a gender justice project that enshrines the right of all people to live with dignity. We hope that these new practices and transformative goals will revitalise the human rights movement.
What international support does civil society defending the human rights of LGBTQI+ people in Guatemala need?
The approval of – and subsequent U-turn over – Decree 18-2022 gave us a taste of the real power the state has over women and LGBTQI+ people in Guatemala. The risk does not disappear because the law has been shelved, but this may hopefully have the effect of sending a wake-up call to the international community.
It is important that they turn their attention, support and resources to Guatemala, whose anti-rights forces are part of a regional advance guard. We cannot lower our guard and allow anti-gender movements to advance their goal of sustaining and consolidating unjust structures of unequal power in which some maintain their privileges at the expense of the basic rights of others.
Civic space in Guatemala is rated ‘obstructed’ by theCIVICUS Monitor.
Get in touch with Visibles through itswebsite or itsFacebook andInstagram pages, and follow@visiblesgt on Twitter. -
HATE SPEECH: ‘The fact that this is how online platforms are supposed to work is a big part of the problem’
As part of our 2019thematic report, we are interviewing civil society activists, leaders and experts about their experience of facing backlash by anti-rights groups. CIVICUS speaks with Brandi Geurkink, European campaigner at the Mozilla Foundation, a non-profit corporation based on the conviction that the internet is a global public resource that must remain open and accessible to all. The Mozilla Foundation seeks to fuel a movement for a healthy internet by supporting a diverse group offellows working on key internet issues, connecting open internet leaders at events such asMozFest, publishing critical research in theInternet Health Report and rallying citizens aroundadvocacy issues that connect the wellbeing of the internet directly to everyday life.
The regular internet user possibly identifies Mozilla with Firefox and doesn’t know that there is also a Mozilla Foundation. Can you tell us what the Mozilla Foundation is and what it does?
I get this question asked a lot. When I told my family I was working for Mozilla, they said, ‘wait, you are not a software professional, what are you doing there?’ What makes Mozilla different from other software developers is that it is a non-profit tech company. Mozilla is the creator of Firefox, which is a web browser, but an open source one. It also has users’ privacy at its core. And all of Mozilla’s work is guided by the Mozilla Manifesto, which provides a set of principles for an open, accessible and safe internet, viewed as a global public resource.
Profits that come from the Firefox browser are invested into the Mozilla Foundation, which is the Mozilla Corporation’s sole shareholder, and our mission is to build an open and healthy web. Mozilla creates and enables open-source technologies and communities that support the Manifesto’s principles; creates and delivers consumer products that represent the Manifesto’s principles; uses the Mozilla assets – intellectual property such as copyrights and trademarks, infrastructure, funds and reputation – to keep the internet an open platform; promotes models for creating economic value for the public benefit; and promotes the Mozilla Manifesto principles in public discourse and within the internet industry.
Mozilla promotes an open and healthy web through a variety of activities. For instance, we have a fellowships programme to empower and connect leaders from the internet health movement. This programme supports people doing all sorts of things, from informing debates on how user rights and privacy should be respected online to creating technologies that will enable greater user agency. Mozilla also produces an annual report, the Internet Health Report, and mobilises people in defence of a healthy internet. A lot of this work takes the form of campaigning for corporate accountability; we seek to influence the way in which tech companies are thinking about privacy and user agency within their products and to mobilise consumers so that they demand better behaviour and more control over their online lives.
How do you define a healthy internet?
A healthy internet is a place where people can safely and freely communicate and participate. For this to happen, the internet must truly be a global public resource rather than something that’s owned by a few giant tech companies, who are then in control of who participates and how they do it. Some key components of a healthy web are openness, privacy and security. We place a lot of emphasis on digital inclusion, which determines who has access; web literacy, which determines who can succeed online; and decentralisation, which focuses on who controls the web – ideally, many rather than just a few.
The internet is currently dominated by eight American and Chinese companies: Alphabet (Google’s parent company), Alibaba, Amazon, Apple, Baidu, Facebook, Microsoft and Tencent. These companies and their subsidiaries dominate all layers of the digital world, from search engines, browsers and social media services to core infrastructure like undersea cables and cloud computing. They built their empires by selling our attention to advertisers, creating new online marketplaces and designing hardware and software that we now cannot do without. Their influence is growing in both our private lives and public spaces.
What’s wrong about giant tech companies, and why it would be advisable to curb their power?
A lot of the problems that we see online are not ‘tech’ problems per se – they’re sociopolitical problems that are amplified, and in some cases incentivised, to spread like wildfire and reach more people than ever before. When it comes to disinformation, for instance, a big part of the problem is the business models that guide the major social media platforms that we communicate on. The most successful tech companies have grown the way they have because they have monetised our personal data. They cash in on our attention in the form of ad revenue. When you think about how we use platforms designed for viral advertising as our primary method of social and political discourse – and increasingly our consumption of news – you can start to see why disinformation thrives on platforms like Facebook and Google.
Another example of the ‘attention economy’ is YouTube, Google’s video platform, which recommends videos to users automatically, often leading us down ‘rabbit holes’ of increasingly more extreme content in order to keep us hooked and watching. When content recommendation algorithms are designed to maximise attention to drive profit, they end up fuelling radical beliefs and often spreading misinformation.
What can be done about people using the internet to disseminate extremist ideas, hate speech and false information?
I’m glad that you asked this because there is definitely a risk of censorship and regulation to fix this problem that actually results in violations of fundamental rights and freedoms. Worryingly, we’re seeing ‘fake news laws’ that use this problem as an excuse to limit freedom of speech and crack down on dissent, particularly in countries where civic space is shrinking and press freedom lacking. Mozilla fellow Renee di Resta puts this best when she says that freedom of reach is not the same as freedom of speech. Most of the big internet platforms have rules around what constitutes acceptable speech, which basically take the form of community guidelines. At the same time, platforms like Facebook, YouTube and Twitter give people the ability to amplify their ideas to a huge number of people. This is the ‘freedom of reach’, and increasingly we’re seeing that used to spread ideas that are at odds with the values that underpin peaceful and democratic societies, like equality and human rights.
I think that it’s important to acknowledge that the business models of major technology platforms create the perfect storm for the manipulation of users. Disinformation and hate speech are content designed to appeal to emotions such as fear, anger and even humour. Combine this with the ability to target specific profiles of people in order to manipulate their ideas, and this becomes the perfect place for this sort of ideas to take hold. Once purveyors of disinformation have gained enough of a following, they can comfortably move offline and mobilise these newly-formed communities, which is something we’re seeing more and more of. It’s this freedom of reach problem that platforms have yet to grapple with, maybe because it’s at odds with the very way that they make money. The challenge is to come up with ideas that improve the mechanisms to eliminate, on one hand, the likelihood of amplification of anti-rights ideas and hate speech, and on the other, the danger of censorship and discrimination against certain types of legitimate discourse.
There has been a lot of controversy about how social media platforms are, or are not, dealing with misinformation. Do you think fact-checking is the way to go?
Responsible reporting and factual information are crucial for people to make informed choices, including about who should govern them; that is why fighting misinformation with care for free speech is key. Among the things that can be done about misinformation it is worth mentioning the verification of advertisers, as well as improved monitoring tools to detect bots and check facts. These are things that if implemented correctly would have an impact on these issues, and not just during the time of elections.
But the critical place where platforms are currently failing to live up to their commitments is around transparency. There must be greater transparency into how people use platforms like Facebook and Google to pay for ads that are intended to manipulate political discourse. At the same time, we must ensure that these companies are open about how content monitoring happens on platforms and that there are redress policies in place for people whose content has been wrongfully removed or deleted. Specific attention should be paid to the situation of fragile democracies, where disinformation can be more harmful because of the absence or limited presence of independent media.
There have been election campaigns plagued by disinformation tactics in many different places, from India to Brazil. In response to public pressure, Facebook expressed a commitment to provide better transparency around how their platform is used for political advertisement so that sophisticated disinformation campaigns can be detected and understood and ultimately prevented. But the transparency tools that the company has released are largely insufficient. This has been repeatedly verified by independent researchers. There is a big disconnect between what companies say in public regarding what they intend to do or have done to prevent disinformation and the actual tools they put out there to do the job. I think Facebook should focus on creating tools that can actually get the job done.
And besides what the companies running the social media platforms are or are not doing, there have been independent initiatives that seem to have worked. A tactic that disinformation campaigns use is the repurposing of content, for instance using a photo that was taken in a different place and time or sharing an old article out of context to spread the rumour that something new has just happened when it’s actually something else entirely that has been reported five years ago. In response to this, The Guardian came up with a brilliant solution: when someone shares on Twitter or Facebook an article of theirs that’s over 12 months old a yellow sign will automatically appear on the shared image stating that the article is over 12 months old. The notice also appears when you click on the article. This initiative was a proactive move from The Guardian to empower people to think more critically about what they are seeing. We need many more initiatives like this.
Are disinformation campaigns also plaguing European politics in the ways that we’ve seen in the USA and Brazil?
Most definitely, which is why in the lead up to the 2019 European elections four leading internet companies – Facebook, Google, Twitter and Mozilla – signed the European Commission’s Code of Practice on Disinformation pledging to take specific steps to prevent disinformation from manipulating citizens of the European Union. This was basically a voluntary code of conduct, and what we saw when monitoring its implementation ahead of the European elections was that the platforms did not deliver what they promised to the European Commission in terms of detecting and acting against disinformation.
Fortunately, ahead of the European Parliamentary elections we didn’t see election interference and political propaganda on the scale that has happened in the Philippines, for example, which is an excellent case study if you want to learn about disinformation tactics that were used very successfully. But we still have a big problem with ‘culture war debates’ that create an atmosphere of confusion, opening rifts and undermining trust in democratic processes and traditional institutions. Social media platforms have still not delivered on transparency commitments that are desperately needed to better understand what is happening.
Civil society identified a case in Poland where pro-government Facebook accounts posed as elderly people or pensioners to spread government propaganda. Before the European elections and following an independent investigation, Facebook took down 77 pages and 230 fake accounts from France, Germany, Italy, Poland, Spain and the UK, which had been followed by an estimated 32 million people and generated 67 million interactions over the previous three months alone. These were mostly part of far-right disinformation networks. Among other things, they had spread a video that was seen by 10 million people, supposedly showing migrants in Italy destroying a police car, which was actually from an old movie, and a fake story about migrant taxi drivers raping white women in Poland. A UK-based disinformation network that was uncovered in March 2019 was dedicated to disseminating fake information on topics such as immigration, LGBTQI rights and religious beliefs.
Of course this is happening all the time, and not only during elections, although elections are moments of particular visibility when a lot more than usual is at stake, so there seems to be a spike in the use of misinformation tactics around elections. This also tends to happen around other, particularly stressful situations, for example a terror attack or more generally any current event that draws people’s attention.
Why do online dynamics favour the amplification of specific kinds of messages – i.e. messages of hate instead of a narrative of human rights?
Internet platforms are designed to amplify certain types of content that are created to appeal to deep emotions, because their aim is to keep you on the platform as long as possible and make you want to share that content with friends who will also be retained as long as possible on the platform. The higher the numbers of people online and the longer they stay, the higher the number of ads that will be delivered, and the higher the ad revenue will be. What will naturally happen once these platforms are up and running is that people will develop content with a political purpose, and the dynamics around this content will be exactly the same.
Some will say that users doing this are abusing internet platforms. I disagree: I think people doing this are using those platforms exactly how they were designed to be used, but for the purpose of spreading an extremist political discourse, and the fact that this is how platforms are supposed to work is indeed a big part of the problem. It does make a difference whether someone is trying to make money from users’ posts or the platform is just a space for people to exchange ideas. We need to understand that if we are not paying for the product, then we are the product. If nobody were trying to make money out of our online interactions, there would be a higher chance of online interactions being more similar to interactions happening anywhere else, with people exchanging ideas more naturally rather than trying to catch each other’s attention by trying to elicit the strongest possible reactions.
Does it make sense for us to keep trying to use the internet to have reasonable and civilised political conversations, or is it not going to happen?
I love the internet, and so I think it’s not an entirely hopeless situation. The fact that the attention economy, combined with the growing power of a handful of tech companies, drives the way that we use the internet is really problematic, but at the same time there is a lot of work being done to think through how alternative business models for the internet could look, and increasingly regulators and internet users are realising that the current model is really broken. A fundamental question worth asking is whether it is possible to balance a desire to maximise ad revenue, and therefore people’s time spent on social media, and social responsibility. I think that companies as big as Google or Facebook have a duty to invest in social responsibility even if it has a negative impact on their revenue or it requires a level of transparency and accountability that frightens them. Responsibility implies, among other things, getting people’s consent to use their data to determine what they see online, and provide users’ insights into when and how you’re making choices about what they see.
You may wonder, ‘why would they do that?’. Well, it’s interesting. The CEO of YouTube, Susan Wojcicki, recently published a blog post saying that the spread of harmful content on YouTube is more of a revenue risk for the company because it damages their reputation. I think that there is an element of reputational damage, but the much bigger risk that these companies face is policy-makers cracking down on these platforms and their ability to continue operating as usual without greater accountability. For instance, the European code of practice on disinformation was self-regulatory; we have seen at least in this case that the platforms that committed to the Code didn’t deliver tools that were sufficient to provide greater political ad transparency, and they are still not held accountable for this. Does this example mean that policy-makers will be under greater pressure to regulate the online space by mandating transparency instead of requesting it? These are the sort of conversations that should define new approaches to dealing with harmful content online in order to make sure it remains a positive force in our lives.
Get in touch with the Mozilla Foundation through itswebsite, andfollow@mozilla and@bgeurkink on Twitter.
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HIV/AIDS: ‘We need a global civil society movement that stands together for all rights’
CIVICUS speaks toAlessandra Nilo, co-founder and Executive Director of GESTOS – HIV and AIDS, Communication and Gender, a civil society organisation (CSO) created in 1993 in Recife, Brazil. She is a member of the NGO Delegation to the Programme Coordinating Board of the Joint United Nations Programme on HIV/AIDS (UNAIDS), an institution that uniquely involves civil society in its governance board. Here, Alessandra discusses civil society’s important role in UNAIDS, her work on HIV/AIDS in the deteriorating political climate of Brazil and the growing challenge posed by anti-rights groups that oppose action on HIV/AIDS and human rights.
Can you tell us about your background and how you came to work on issues of HIV/AIDS?
I am a journalist, specialised in health and with a postgraduate qualification in diplomacy. I was also involved in student movements and workers’ and political movements. In 1993, a group of us created GESTOS. At that time, we didn’t know much about the epidemic. I lost a friend, whose family locked him in his house and wouldn’t allow us to talk to him. That was why GESTOS was born, to address the issues of people living with HIV/AIDS.
We knew that having an organisation to help people was not enough. We needed to exercise accountability. We needed to improve policies. We were pioneers because at that time we knew that gender was an important dimension, and also that without communication, we could not move forward, because it was important to involve the public and mobilise them for our cause. This is why we were named GESTOS – Seropositivity, Communication and Gender.
We started to engage with the national councils in Brazil. These are bodies established by the 1988 Federal Constitution, where government, civil society and interested parties sit together to define public policies. These were spaces where we could practise direct democracy and have direct participation. Through participation GESTOS became very close to the ministries of health and gender and we began to engage in social networks of the Latin American region.
What have been some of the impacts of the HIV/AIDS movement, in Brazil and globally?
In general Brazil’s HIV/AIDS movement is very strong. We have helped people take action to define their own responses to HIV/AIDS. Worldwide, the HIV/AIDS movement has been responsible for many breakthroughs in HIV/AIDS policies, and this happened in Brazil.
We were the first movement to start pushing that treatment was a right, rather than a commodity delivered by governments depending on whether they wanted to or had capacity. We were responsible for big discussions around sexuality that contributed to the sexual and reproductive rights movement. We built strong alliances with the feminist movement. We were the first movements to include people who use drugs, men who have sex with men, transgender people and sex workers in a global resolution at the United Nations (UN). We also engaged in debates that led to the Sustainable Development Goals. The fact that in the Agenda 2030 resolution there is a mention of people living with HIV/AIDS is because GESTOS was there as part of the Brazilian delegation and Brazil proposed this at the last minute of negotiations in New York.
The bottom line is that people living with HIV/AIDS proved at local, national and international levels to have a strong capacity to advocate for amplifying the spaces and formal sites and mechanisms for civil society participation in general.
How did civil society’s role in UNAIDS develop?
UNAIDS created the Programme Coordinating Board (PCB), UNAIDS’ governing body, in 1995 – it started operating in 1996 – and it is super innovative because it is the only governing body in the UN system that includes formal participation by civil society. It has 22 voting Member States, 11 co-sponsors, who are other UN bodies, and five civil society delegates plus five alternates, which means 10 people from civil society are involved. We have one member and one alternate per region, from Africa, Latin America and the Caribbean, North America, Asia and Europe.
The PCB is the place where the main global policies on HIV/AIDS have been discussed and formed, and these have informed other UN debates. More than that, it has informed and inspired the ways UN member states implement HIV/AIDS policies at national levels.
The rationale for civil society’s involvement lies in the fact that the HIV/AIDS movement was really based on participation. Since the beginning, people living with HIV and key populations pushed and insisted that politicians, scientists and affected people should come together and figure out how to create solutions together. We built this social movement where it was almost impossible to move forward any discussion without involving us. We were pressing since the beginning to have meaningful participation.
Because of this, when the PCB was formed, civil society was considered a very important player that had to participate. This was very innovative at that time and continues to be innovative today.
How does civil society’s involvement work in practice? How are the delegates selected and how do they connect with wider civil society?
The PCB NGO Delegation members have mandates for two years and depending on the performance of a delegate, the group can expand this mandate for one more year. Delegates are selected by current NGO PCB members. We put forward a public call, in response to which interested applicants make a submission. Shortlisted applicants are then invited to an interview panel. The panel, which consists of NGO delegates, as well as an external civil society partner or a former NGO delegate, makes a recommendation. Final deliberation and decision are done by the full Delegation.
We have a number of requirements for these candidates. One is that they should have the capacity to represent and communicate with their constituencies. It is essential to have the capacity for broader communication.
We have a very transparent process. We have a website where we publicise the calls, but also use social media to publicise the opportunity. We have a list of advisory groups, CSOs and activists who are always interested in issues of the UNAIDS PCB, and we communicate with them and involve them in preparations before, between and after the biannual PCB meetings. In recent years, we have been trying to reach out to other spheres, including groups working on issues such as sustainable development and financing for development.
Since 2008, there has also been an independent Communication and Consultation Facility (CCF) to support the NGO Delegation by providing technical, administrative and programme support. Since 2013, the CCF’s host organisation has been the Asia Pacific Network of People Living with HIV, based in Thailand. The CCF is the backbone of the NGO Delegation. It is hard to imagine how the Delegation would function effectively without it. A key objective of the CCF is to facilitate communication among the delegates and consultation with wider civil society.
What have the impacts and challenges been?
The NGO Delegation has no right to vote, but can participate in every other aspect of PCB activities. There is a very fine line between participating in deliberations and taking part in decision-making, because traditionally the PCB does not hold votes but decides by consensus. There have been so many examples where the NGO Delegation has been able to table decision points during meetings for critical agenda items, and had its points approved. Most decisions that have come out of the PCB came in one way or another after strong civil society participation.
Civil society and communities are really strong players and our voice is considered in a very respectful manner. It has been proven that with civil society participation, policies, programmes and services are designed much more efficiently and with much higher chances of working and benefiting people.
In terms of the process, since 2012, the NGO Delegation has been trying to create connections with other groups working with the UN to show them how the experience of the UNAIDS PCB accepting us and having us as formal members can be transposed to other UN bodies. We think this would be a great achievement for civil society in general. We tried to push this while the UN was having a conversation about restructuring and reforms. We talked with so many people, but it seems there is not an appetite for the UN to become more democratic in terms of the participation of civil society in formal decision-making bodies.
To have formal spaces for civil society is important, but it is not enough. There is absolutely a need to be able to inform decisions and participate in the decision-making processes of the UN at this time when, at the national and international levels, we are every day being pushed farther away from spaces for participation because of the advancement of reactionary political forces.
Although our PCB NGO Delegation succeeded, gaining formal space to participate was challenging. This is why we value it so much. If you think about the face of our movement you see people who use drugs, sex workers, men who have sex with men, LGBTQI people and women, people who have always led our movement but who have been marginalised in society. And even nowadays, stigma and discrimination continue to prevent us from reaching and accessing some places. While the HIV/AIDS movement has been successful in gaining public attention and claiming spaces, it has been very hard to do so, because stigma, prejudice and discrimination continue to fuel this epidemic.
With all these populist movements nowadays, the communities impacted on and affected by HIV/AIDS are not only the most marginalised but also the most criminalised. Criminalisation really impacts on the kind of organising we can do. In many countries in Africa and Asia, homosexuality, sex work and drug use are criminalised. There are real legal barriers for our communities that really impact on participation and engagement.
How is the restricted space for civil society in many contexts impacting on your work?
In the past decades we were fighting to improve the work that we were doing, but now we are working toward maintaining the rights we have, to resist, to recover from losses, and this is a very different game. In general, there is this trend of the space for civil society being increasingly restricted, and it is even more so for the HIV/AIDS movement because the forces opposing us are reactionary.
We are seeing different experiences in different countries. And, including in countries that were known as democratic, we have seen civil society dismantled, and colleagues in civil society forced to flee their places in order to keep some movements alive.
Besides this, in general, governments have used economic crises to justify cuts in programmes that used to have civil society participation. One very efficient way of diminishing civil society’s capacity is to cut funds, and this has happened to the HIV/AIDS movement. Until recently, we had countries investing in HIV/AIDS response, and that included investing in communities and civil society. This was working in a very progressive way, but now we have seen that resources for civil society, particularly international resources in middle-income countries, have decreased, and this has impacted negatively on our capacity to continue responding to HIV/AIDS and influencing governments.
In recent years we have seen the rise of fundamentalism and nationalism and a rejection of multilateralism in general. This has completely jeopardised the progress made in previous years in human, economic and environmental rights. Even in contexts where states had no interest in supporting civil society participation, we used to have an organisation such as UNAIDS and other international entities that could fund international networks and those networks could support national work, or could directly fund communities on the ground. This is not the case any longer. Formal space is being diminished, resources have been reduced and the groups that organise to provide support face increasing demands, because when democratic spaces shrink, public services and policies that benefit everyone in society usually suffer. And then the demand on us increases further. This equation simply does not work.
At the UNAIDS PCB itself, we see a political trend of some Member States becoming more aggressive towards CSOs, and some conservative governments questioning our model of participation. PCB meetings have seen attempts to challenge the existence of the NGO Delegation. In 2013 this was brought up by a couple of Member States that questioned the Delegation’s standing to participate in the meeting. In December 2018, a Member State questioned the recruitment process of the NGO delegates. I think the threat of the UN Economic and Social Council (ECOSOC) resolution that established the PCB being revised is always there, especially in the current climate of declining democracy in various parts of the world. If that resolution is revised, then anything can be revised.
What challenges do you now face under an extreme right-wing president In Brazil?
In Brazil, the federal government is really going after LGBTQI people, the indigenous population, people who use drugs, black people. In June the Senate approved a law to make the policy on drugs even more restrictive, going in the opposite direction to many other countries. LGBTQI people are much more scared of being visible now. Also in May, the new government issued a decree to basically shut down all civil society participation in national councils. All councils created by law will continue to function but their composition will be revised, and all councils created by decree were immediately cancelled.
The government spread confusion about civil society in relation to the Amazon Fund, which is a big international fund to which CSOs can apply to fight climate change. The government lied by stating that the fund was being misused, while what they really want is not to let civil society get funding.
Also, as soon as it took power, the government cut several contracts with CSOs. At this moment we do not know that will happen with women’s rights and human rights policies. All progressive agendas are being cut by 65 per cent, 85 per cent, 95 per cent. Can you imagine that the Environment Ministry’s fund for climate change was cut by 95 per cent? As well as being a fundamentalist and economically ultraliberal, the new President doesn’t believe in climate change, the Minister of International Affairs stated that "globalism is a cultural Marxist conspiracy" and they want to solve the violence problem by releasing weapons for the entire population. How do you deal with people like that?
Given challenges, what is needed to improve the impact of the NGO Delegation?
UNAIDS and Member States should improve the level of investment in the NGO Delegation. Because our delegation operates very differently from government delegations, we lack the resources we need to amplify our voices and our advocacy work. The reason why we have not done more structured advocacy work in other areas of the UN is that we never have funds for that.
We also need more support in terms of communications, because we would like to do more campaigns around the results of our work and publicise key debates happening at the PCB, including intensifying our communication about the unique role of the PCB and civil society’s role within it.
More generally, how can the challenges that HIV/AIDS-related civil society is facing be addressed?
We need to improve our capacity to communicate and amplify our voice. If we could do that, people would pay more attention and value more what we do. It would be helpful if people could understand that the HIV/AIDS movement is an important part of the development agenda.
We need to reshape the entire conversation about international cooperation and decision-making in terms of the allocation of funds for communities and civil society. Decisions not to support countries because of their income levels are flawed. Brazil, for example, is defined as a middle-income country; as a result, over the past 10 years or so international cooperation agencies have withdrawn from Brazil. As a consequence of the low capacity to respond to right-wing fundamentalism, repressive forces have flourished. We need to go back to the basics, to our peers, to frontline groups, to political education. Conservative forces were just hidden and waiting for the moment to rise again. And they did so with discourse filled with falsities, for instance claiming to oppose corruption, an issue that has dominated in Brazil in the past years.
In countries with repressive right-wing leaders – such as Brazil, Hungary and the Philippines – civil society is doing its best to respond on several fronts despite lack of funding. Luckily for humanity, some people are born activists and do this work whether there is money or not. But I truly believe that, in order to keep our movement sustainable, we have to engage more deeply in global discussions about how to fund an independent civil society, one that does not rely upon states to raise funds and therefore remains independent of government decisions.
Given the impossibility of engaging with the federal government, another response in Brazil is to engage more with sub-national authorities and parliament. More connections are needed at the sub-national level, where it is possible to identify many people who support our causes.
Another idea is to make more use of litigation: to use legal frameworks to maintain the agenda. But, again, we need funds to do that.
For the UN, we need to be mindful about institutional reforms that are taking place and be vigilant. We need innovative mechanisms and funds that can help make the UN more independent of Member States, and to increase civil society capacity to play a bigger part. There should not be such distance between the international and national levels. People on the ground can benefit from discussions at the global level, and international discussions should be informed by the desires of people on the ground. People on the ground need to know why multilateralism is important, what the UN is, what UNAIDS is, why they matter. But it is hard when international cooperation funds keep shrinking and most organisations are relegated to providing services rather than advocating for rights, developing capacity and enabling new activists.
The issue of restricted space for civil society connects us all, independently of our field of action. Therefore it is crucial to have cross-movement dialogues and open conversations, because this is where we can build resilience and solidarity and support each other. We need different sectors to come together to keep growing and not to be intimidated into silence by forces that are sometimes literally killing us. We cannot be isolated in our own agendas. We really need a global civil society movement that stands together for all rights.
We are in a very delicate movement for democracy where social media and education play a crucial role. Communication is also a major issue for social movements. At this point in history we should be able to communicate better. What is our role? What is our success story in terms of supporting and strengthening democracy? Well, if you look at history, you will see that our role is essential and that most existing rights resulted from civil society demands and victories. Because without meaningful community and civil society participation there is no sustainable development, there is no democracy, and it is unlikely that public policies can be translated into services and programmes that really serve the needs of people.
Civic space in Brazil is rated as ‘obstructed’ by theCIVICUS Monitor.
Visit the websites ofGESTOS and theUNAIDS PCB NGO Delegation.
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HUMAN RIGHTS: ‘People have a great desire for positive stories’
CIVICUS speaks with Saleem Vaillancourt, a journalist and media producer who works to promote the rights of Iran’s Bahá’í community and to encourage positive action to realise human rights. Saleem works with the street art for social justice project,Paint the Change.
Can you tell us how your work began?
I work closely with the Iranian-Canadian journalist and filmmaker, Maziar Bahari. Maziar’s story is well known. He was jailed in Iran and held in solitary confinement in 2009 after covering the Iran election crisis. He was released after an international campaign and the book he wrote about his ordeal, ‘Then They Came for Me’, was made into a film, ‘Rosewater’, by Jon Stewart. Maziar was no longer simply a journalist; he was also a human rights advocate. Once released, he could talk about all the things going on in Iran that he couldn’t when he was working in Iran.
Chief among these is the situation of the Bahá’í community, which is the largest religious minority in Iran. They are persecuted by the Iranian government because their beliefs come up against the fundamentalist interpretation of Islam practised by the government. Bahá’ís are routinely arbitrarily detained, held either without charge or under false charges and jailed. They are denied the right to go to university. There is a lot of misinformation and propaganda against them from the state media.
I’m a Bahá’í and I worked with the Bahá’í community, and also as a journalist and in public communications, and that’s how my path crossed with Maziar. In 2014 he made a documentary, ‘To Light a Candle’, about the story of the Bahá’ís and particularly about the denial of their right to education, and their response, which was to create an informal educational project – an underground university – in which they created opportunities to educate themselves. This is a programme that for 30 years has given thousands of people an education, many of whom have gone on to pursue graduate studies in western universities. It’s a huge success and a major example of constructive resilience, or what Maziar calls peaceful resistance: meeting injustice not with conflict but by building a positive alternative to overcome the situation.
I joined him for what was meant to be a short time to help promote his film and things grew from there. We created a campaign, ‘Education is not a Crime’, which is a street art and human rights campaign in which we use murals to talk about the story of the Bahá’í in Iran and more broadly to try to address education inequity and uneven access to education in other contexts as well.
What are the key methods by which you work?
We create murals, and then the murals have a social media dimension, because we share them online as videos and create local conversations, explaining why we are doing these, and especially relating what we are doing to local stories. For example we painted 20 murals in Harlem in New York, and people in this neighbourhood really saw a parallel in our work between Bahá’ís in Iran and the African-American experience of discrimination and the attempt to overcome discrimination, including in the area of education. We made a documentary about that in 2017, ‘Changing the World One Wall at a Time,’ which has been screened around the world.
This led to an initiative in Detroit, where we’ve partnered with the City of Detroit and local schools. The city government was already working to encourage school attendance, which is something we care about in terms of access to education. They created a bus route called the ‘GOAL Line’ – GOAL stands for ‘get on and learn’ – but we observed that the bus route had no shelters, so we offered to build some shelters and put artwork on them. The artwork was created in art workshops through a partnership with local students and local artists. The works represent the community in a direct way and create a visual cue in the community around the issue of education. In this activity, we moved from the area of pure awareness-raising to a kind of indirect social action.
We’re also starting to do a locally orientated street art project in London, producing work with local communities that celebrates local heroes, people who contribute to their community, whether they are known by their community or not. We put them on the side of buildings so they become positive stories that can encourage local young people.
Another thing we have been doing is producing an oral history video series in the USA, about the Bahá’í community, not only about Iran but also about the work of the community to promote race unity over the past several generations. Again, this is about telling a positive story and something that perhaps helps others in US society to look again at the issue of race – something that is obviously very charged and challenging – and find other ways of addressing it.
So that’s what I do. It’s a chance for both Maziar and I to talk about issues we think are important, but that are not limited to a focus on the Bahá’í community. Our work is at the intersection of human rights, social action and media. Sometimes it is about raising awareness or fighting instances of violations of human rights, as with the rights of the Bahá’í in Iran, but more and more now it is about finding positive stories and celebrating them through street art or a film or through other media. We want to do this in a way that can help a community see a positive version of themselves and put that at the centre of their own narrative.
What would you say you do that is different from the conventional work of a human rights organisation?
Because we are principally a media-driven group, we try to apply our media work to human rights issues and social issues, and we are looking to go beyond human rights awareness-raising to try to contribute to social processes in local communities. The Detroit project is an example of that. So that’s a kind of social action that’s distinct from awareness-raising as a conventional discipline.
We are trying to do human rights work and social action work together. We see them as different sides of basically the same work. We want to reach audiences that perhaps haven’t been engaged in human rights discussions or social action before, through media and through education workshops. So our focus is not so much on informing policy-makers, but on trying to reach local communities through accessible media and artforms.
What are the challenges faced when defending the rights of Bahá’í people in Iran?
I am also involved in IranWire, an independent news website. I know through this that Iranian journalists are targeted. Our site was recently down for a few hours over the course of several days because of a sustained denial of service attack originating from Iran.
Maziar is continually attacked on Twitter and by Iranian state media, as are other people we work with. Many people who have worked in the public space on the issue of the Bahá’ís are vilified by the Iranian media. When Maziar and others talk to United Nations institutions, they get criticised and there is a lot of disinformation spread about them. It’s clear that the Iranian authorities seek to discredit people through disinformation to try to limit their legitimacy in the international space when they talk about human rights issues happening inside Iran. The Iranian government attempts to control the narrative.
Turning to your work outside Iran, what would you say the major successes and challenges have been?
I think the big success we’ve had so far is the initiative to create the murals, especially in Harlem but also around the world: to create a story out of them, and for that story to be something that people respond to, and for us to find a way to relate that story to other situations around the world.
In the early stage of developing these murals in New York, after we had produced one or two in Harlem, the questions of these parallels between the Bahá’ís and the African-American community started to sit up. It’s not a parallel in terms of scale or severity or even of type, but it’s a parallel in terms of individual experiences and the ideology that has created a situation. African-American people who learned about the project brought that parallel to the fore in our discussions. Here was one community that is struggling identifying with the struggle of another community, that was undergoing the kind of suffering that makes the community more empathetic and more aware of the struggles of another.
We decided to tell that story as much as we could and in our work in Harlem to work with local artists and local community leaders as much as possible, and to hold educational workshops for young people around the creation of the murals. I think the fact that those murals became possible and were welcomed into the community, that there was the opportunity to see these parallels and to tell that story around the world, and that the story was broadcast inside Iran in Persian on satellite TV and seen by millions of people there, was probably the biggest success.
I think there’s not so much one major challenge we have been unable to overcome, although there are things that are harder to do than others, but it’s more that nobody is particularly out there asking for anybody to do something positive. I think a lot of people have a great desire, appetite and thirst for encountering positive stories even if they address challenging issues, but it’s not something you see being asked for in market terms, and in terms of what audience there is, and what funding you can get to do projects.
So it is a challenge to create the audience and explain our reasons for approaching our work as we do, and maintain these projects, because it’s not something that is being asked for in a commercial sense. I don’t necessarily mean commercial in terms of being driven by profit, but even non-profitable works need grants, and while there are grants that are tailored around work that tries to introduce positive narratives, it takes a lot of effort to identify them and to massage an idea into a format that would meet the requirements of a particular grant.
What more needs to change, and what further support is needed, to enable your work to achieve even more?
I think there are two levels. At the level of human attitudes, in general the world is in a very difficult place and much of what’s happening is turning people towards conflict. I think what needs to change – in order for the kind of stories we want to produce and tell to be more easily relatable and for people to be able to understand what we are getting at – is that people need to be orientated towards positive stories, towards sharing and finding them, and to seeing the world through the lens of positivity. This is not to deny there are negative things or pretend that everything is fine, but to say that we address a challenge or a difficulty not by more contention but by means of conciliation and friendliness. I think if people’s minds are orientated more that way they would be likelier to seek out or ask for the positive stories we try to tell. I’m not saying we’ve nailed that formula, but that’s our motivation and we’re trying to work in that direction.
At the structural level I think the kinds of grants, and often the kinds of initiatives that organisations want to support or are asking for, need to change. Again, it is possible to do that in terms of some grants that exist, but there is a lack of a structure and approach that says: this organisation really wants to find positive stories because positive stories change the nature of a society’s view of how to deal with challenging issues.
So much of what civil society does is about countering things that are negative. This is important work, but I also think that civil society should be going towards what it wants to see in the future. If there could be a harmonious sense across civil society about what the future ought to be, how human rights ought to be respected and what the nature of society should be in order to realise those ideals, then I think we could move towards shared civil society agendas that make it possible to work for these goals more easily.
In the civil society space, the media space and the human rights space – and partly because we are all too busy but also because there is no clearing house or central organising system – I don’t know who in civil society would want to work in the same way. But I’d love to know more about who’s out there and what they’re doing, in order to more easily find the appropriate partners.
Civic space in Iran is rated as ‘closed’ by theCIVICUS Monitor.
Get in touch with Paint the Change through itswebsite.
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HUNGARY: ‘Trans people are having our rights being taken away’
A new law in Hungary, passed at the height of the COVID-19 pandemic, prevents trans people from legally changing their gender. CIVICUS speaks to Krisztina Kolos Orbán, Vice-President of the Transvanilla Transgender Association, a Hungarian organisation that advocates for trans people’s rights. Founded as a grassroots initiative in 2011, Transvanilla is the only organisation registered in Hungary with an exclusive focus on transgender rights and gender non-conforming issues. It drives advocacy on gender recognition and trans-specific healthcare at the national level. It also monitors discrimination and violence based on gender expression and gender identity and facilitates community gatherings and other events to raise the visibility of transgender issues and transgender people in Hungary.
What has been the situation of LGBTQI+ rights in Hungary over the past few years?
In 2012, ILGA Europe ranked Hungary ninth among 49 European countries regarding the rights of LGBTQI+ people, but in 2019 we had regressed to 19th and in 2020 we have further dropped down to 27th. This past year Hungary’s rating has declined the most, and there are various reasons. In 2012 things looked pretty good on paper, but since then new measures were introduced as the human rights landscape has changed. Hungary has not moved forward or followed international recommendations. The other factor has been the huge backlash that we have experienced over the past couple of years. Previously this government had not taken rights away from people, although it had certainly tried, and we knew that it was not LGBTQI+-friendly. But now we are having our rights being taken away.
If we focus on transgender rights, gender identity is a specific ground mentioned in our legislation on both anti-discrimination and hate crimes, which appears to be rather good. But this only exists on paper, as no hate crimes based on gender identity have been taken to court thus far. Similarly, there have been very few cases focused on anti-discrimination because the law is not being implemented. There is no national action plan to combat discrimination based on gender identity.
Therefore, transgender rights were never guaranteed by law. When it comes to legal gender recognition and trans-specific healthcare there were no laws or national guidelines. However, practices had improved. Since 2003, transgender people have been able to change their birth certificates, gender markers and first names based on a mental health diagnosis; no other medical intervention was required. Back then this was amazing. The government promised to create legislation but failed to do so. Until now, no government even addressed the issue. As a result, no legislation backed these administrative procedures, which were not even published on the government's website. But for the time being things were okay because the practice was reliable and procedures were rather trans-friendly. Those who provided the required documentation were able to change their birth certificates and it was relatively easy and fast. But the fact that the practice was not protected by legislation was not a minor detail. We see it now that the practice has become illegal. It has been a huge step backwards.
In 2020, new regulations that only recognise the sex assigned at birth and prevent transgender people from legally changing their gender and obtaining new documentation were passed by parliament by a 133 to 57 vote margin. They are contained in article 33 of an omnibus bill that was introduced on 31 March and approved on 19 May. Article 33 contradicts not just international and European human rights standards but also previous rulings by the Hungarian Constitutional Court, which has previously made it clear that changing your name and gender marker is a fundamental right for trans people. The Commissioner for Fundamental Rights issued a report in 2016 and another in 2018 that stated that the authorities need to enact proper legislation because this is a fundamental right.
This law change fits into the fight against gender led by the Christian Democratic party, which is part of the governing coalition. This party has already banned gender studies and has argued that there is no such thing as gender, as in the Hungarian language there are not even separate words for ‘sex’ and ‘gender’. But in the past year, it has resorted to using the word ‘gender’ in English so as to be able to attack gender as a concept. So this is part of a larger attack against so-called ‘gender ideology’. The protection of what the new law calls ‘sex at birth’ is a part of this. For the past six years we have worked to come up with legislation on these issues, and initially we thought the authorities wanted to tackle it as well, but after a while it became obvious to us that our initiatives were being blocked along the way.
It is difficult to engage with the authorities. We don’t get much information from them. We cannot get to those with decision-making authority; we can only talk to low-ranking officials, who are obviously afraid to give us information. There is no public discussion and civil society is not involved. We were not consulted regarding these specific changes to the Registry Act. The proposal came from the government, and specifically from the Christian members of the government coalition, and was supported by civil society organisations (CSOs) that promote so-called ‘family values’. Timing also raised a lot of questions. Why was it so important to address this issue in the middle of a pandemic? Why now, and why in this way?
What are the main restrictions that the Hungarian LGBTQI+ community experiences on their freedoms to organise, speak up and protest?
In Hungary there is an NGO law that requires CSOs to register if they receive foreign funding, if their income is above a certain amount. The threshold is relatively low, so many CSOs, including us, must register. There is a list of foreign-funded CSOs that is published and publicly available. It is no secret that we seek foreign funding because we cannot access funds in Hungary. The government refers to CSOs, and particularly to those that criticise the government, as ‘enemies’ of the Hungarian people. This has obviously affected LGBTQI+ organisations too.
This is not just rhetoric. In practice, the government does not consult with CSOs that are independent or that they don’t like, including us. Instructions to marginalise these organisations come from the top levels of government, and while some lower-level officials might want to try to engage with us, they are not allowed to do so. How can CSOs conduct advocacy or engage with the authorities if public officials are banned from any contact with us?
Additionally, most media are controlled by the government, and the rest tend to have a neoliberal perspective, which usually makes them difficult to access for organisations that do not follow their agenda, like Transvanilla.
Our freedom to conduct our legitimate activities is also being challenged. Last year, for instance, there were several attacks against events organised around Pride month. A speed-dating event for pansexual people that had been organised by Transvanilla was interrupted by far-right activists. We couldn’t continue the event and the police didn't protect us. Far-right activists video-recorded participants for over an hour and we were not allowed to close the door. They were obviously acting illegally but the police took no action against them. In other instances, venues were ruined or damaged by far-rights activists. This was a new development – in the past, our events had received police protection when such things happened.
Year after year there have also been attempts to ban Pride events, but the courts have declared that these events cannot be banned. It’s a constant fight. The authorities have fenced off Pride routes on the pretence of protecting marchers, but this was obviously an attempt to restrict their movement.
How did the LGBTQI+ community react when the new law was passed?
It was a traumatic event because it was a clear attack against us. This amendment only affected trans and intersex people who would like to change their gender markers and trans people who don’t want to change their gender markers but would still like to change their name, which is no longer possible in Hungary. But the whole community now feels like second-class citizens, like outcasts who the government does not respect.
Personally, as a non-binary person, it had a huge effect on me, because I was already far from being recognised in my documents and now I am a lot further away from that. Many of my friends who were in the process of changing their legal gender recognition are in a limbo. At least a hundred applicants’ cases had already been suspended in the past two and a half years, as requests were not being evaluated. Those people have now lost all hopes. They are frustrated and devastated.
There is also fear because we don’t know what is next, what else is coming to us. Even though the law can be challenged, it might require many years. And even if we get rid of this law, the situation may not improve. Some people are suicidal, and many people want to leave the country. A big part of the community is just suffering silently and has no voice. While some activists have emerged from this situation and these activists are gaining visibility, the vast majority are suffering at home, alone. People were already isolated before, and it will not get any better. From now on, more people will hide their identity.
Since 2016 there have been problems with administrative procedures, so increasing numbers of people who began to transition may look different from the sex registered in their documents. And if someone is openly and visibly transgender it becomes difficult to find a job; discrimination is part of everyday life. And now it is becoming more serious. We have seen a rise in discrimination, not just in employment but in everyday life. In Hungary you often must present your ID papers, so you have to out yourself all the time. People don’t believe you and you are questioned. For example, recently a trans person was trying to buy a house and the lawyer who was drawing up the paperwork raised questions about their ID document because it didn’t match their gender description.
Given the restrictions on peaceful assembly imposed under the COVID-19 pandemic, what sort of lobbying and campaigning have you been able to do to stop Article 33?
Transvanilla is very strategic: we only engage in activities that might have an impact. Therefore, we did not focus on the Hungarian context. In parliament the opposition is powerless because Fidesz, Prime Minister Viktor Orbán’s party, has two thirds of the seats and can thus win any vote. We also knew that we could not mobilise enough people – the masses would not be out on the streets because of the pandemic, so this wasn’t even an option. If this had not happened during the pandemic, other organisations might have tried to organise protests. Until the amendment was introduced, Transvanilla was not publicly highlighting the issue of legal gender recognition because we were doing silent advocacy. On 1 April, when we found out about the initiative, we called on international actors to raise their voices publicly and to engage in multilateral dialogue with our government on this issue.
We grabbed international attention and many international voices were vocal against the proposal. In April 2020 we also turned to Hungary’s Commissioner on Fundamental Rights and we asked him to do whatever he could to stop the amendment. We of course engaged with international and national media. We launched a petition and managed to get more than 30,000 signatures. We now have another petition that is addressed to the European Union (EU) and we hope it will have an effect.
So, we resorted to the ombudsperson, who could have intervened but didn’t, and we put international pressure on the government, which sometimes works but this time did not. The law was passed, and the day it came into effect we launched two cases at the Constitutional Court. The court could turn them down for whatever reason, but we hope that it will not. At the same time, we are putting pressure on the Commissioner for Fundamental Rights because he has the power to request the Constitutional Court to look into the law, and if he does, then the court must do so. Pressure is very important, and many international actors are helping, including Amnesty International Hungary, which has launched a campaign. We have 23 cases before the European Court of Human Rights (ECHR), all of which deal with gender recognition, and the applicants are represented by our lawyer. The government and the other parties involved were given time until June 2020 to settle these cases, and if they didn’t, the Court would move forward for a decision. Due to the COVID-19 pandemic, the deadline for the government was pushed to September 2020, which is not good news for us. But based on ECHR practice, we are confident that it will respect transgender rights. We will also take more cases to this court and represent people who are specifically affected by this law. We want to put pressure on the Court to make a decision as soon as possible.
We also continue to engage with EU human rights mechanisms, the Council of Europe and the United Nations. We got CSOs to sign a statement to put pressure on the European Commission (EC), which so far has been silent on this. We want to make sure that what happened in Hungary doesn’t happen in other countries, so we have created a civil society alliance to convey the message that if other governments try to do the same, they will face huge resistance. And of course, we keep trying to engage with the ministries, although we have sent them letters and have received no response.
How can an increasingly authoritarian government like Hungary’s be held accountable for its actions?
We have tried to engage directly with the government to hold it accountable, but it has not worked so far. We represent a minority group and cannot fight this government alone. But international institutions do sometimes influence the government's actions. We hope that a court decision from the ECHR or the Constitutional Court would have an effect.
Unfortunately, what we have seen since 2010 is that the way it is designed, the EU cannot take definitive action against a country, especially if it is not alone. And this is the case here, as Poland and Hungary always back each other. People believe that the EU lacks political will to take action. We cannot repeat often enough that the EU should cut off funding, because Hungary is living on EU money and if it cuts off funding the government would start to behave differently. But the EU refuses to do it.
The EU should act not only on this specific legislation but also on other, bigger issues related to the rule of law and fundamental rights in Hungary. It should do something about its own member states, or else it should not pass comment on any non-EU country. The fact that the EC fails to mention Hungary explicitly is outrageous. When the Authorisation Act was passed in late March, giving Prime Minister Orbán extra powers to fight the pandemic, EC President Ursula von der Leyen made a statement that was clearly about Hungary, but did not mention it by name, and then Hungary was a signatory to the statement. The EC’s Commissioner for Equality was recently asked to condemn Hungary for the anti-transgender amendment and she refused to do so; instead, she decided to speak about trans rights in general. This is something that we cannot accept.
The EU should not just speak up, but also act on Hungary and Poland. If the EC keeps refusing to address the situation on the ground, then we really don’t know where else to go. Thus far, the government has followed ECHR decisions, but it has stopped following Hungarian court decisions just this year, which is very worrying. In 2018 there was a Constitutional Court decision in the case of a transgender refugee that required parliament to enact legislation on legal gender recognition for non-Hungarian citizens, which it has not yet done.
What support do Hungarian CSOs need from international civil society?
It is important to attempt to unify the different movements and to act as bridge between them and I think international CSOs can play a role in this. As a trans organisation we are responsible for trans people, but trans people come in all sizes and shapes – there are migrant trans people, Roma trans people, disabled trans people – and we all have to come together. Also, while trans people are currently under attack in Hungary, we don't know which vulnerable group is next on the list, and I think international CSOs should focus on everyone. They also need to assist in raising awareness in international institutions – in Hungary, for example, international pressure is important because Orbán still sometimes cares about how Hungary is perceived. So the engagement that comes from the international community is helpful. International civil society can also assist in presenting good examples, because the better the situation is in other countries for trans people, the more shame it can bring to the Hungarian government. But if other EU countries start to follow Hungary, then the government will get away with this. Organisations like CIVICUS can bring CSOs together.
Civic space in Hungary is rated as ‘obstructed’ by theCIVICUS Monitor. Hungary also currently features on our Civic Space Watchlist.
Get in touch with theTransvanilla Transgender Association through itswebsite andFacebook page, or follow@Transvanilla on Twitter and@transvanilla.official on Instagram. -
IRAN: Political humour as a tool against authoritarian regimes
Ahead of the publication of the 2018 State of Civil Society Report on the theme of ‘Reimagining Democracy’, we are interviewing civil society activists and leaders about their work to promote democratic practices and principles, the challenges they encounter and the victories they score in doing so. CIVICUS speaks to the Iranian-born political cartoonist Nik Kowsar, who was jailed for his humorous criticism before eventually emigrating to Canada, where he became a citizen. A former recipient of the international Award for Courage for Editorial Cartooning, he currently resides in the United States.
1. Would you tell us the story of that crocodile you drew, and how it changed your life?
I was born in Iran, and I had always lived in Iran until I had to get out of the country in 2003. I was a geologist by training and a cartoonist by trade. In 2000 I drew a cartoon and went to prison for it. My drawing apparently caused a national security issue: thousands of clergy students gathered and shouted for my death and they sat there for four nights, until I was arrested.
All I had done was draw a crocodile that was shedding crocodile tears and strangling a journalist, while claiming that the journalist was killing him. The name that I gave the crocodile rhymed with the name of an ayatollah. Of course, I denied any resemblance between the two, but still, you know, there was a political message there. From that day on, I became a sponsor for Lacoste – they didn’t sponsor me, but I started buying the shirts with the crocodile logo for myself, and I always wear them as a symbol and a reminder.
Long story short, I went to prison and underwent interrogation, and eventually I walked free. But I didn’t quit my job as a cartoonist and I started receiving death threats that eventually got serious, and in 2003 I had to escape. I had to leave my wife and daughter behind – they were only able to join me in Canada four years later, in 2007.
2. Did you see cartoons as a safer means of expression, a way of saying some things without saying them, when speech is heavily censored?
In Iran we used to say: ‘We have freedom of speech, what we don’t have is freedom afterspeech’. When you produce content that powerful people or organisations dislike, no matter how that content is packaged, they will try to shut you down by all means, including allegations and criminal charges like undermining national security, working with the enemy, indecency or attacking Islam. Anything can be used against you in Iran – and in other Islamic countries as well. I’ve been working with Tunisian and Palestinian cartoonists, and they all have problems with their governments.
What is said with a cartoon is more difficult to erase than anything else: a good cartoon is even more valuable than a thousand words, because it stays in your mind for ages. A ‘joke’ is a serious matter: it goes directly to the point, it exposes the absurd. In a way, cartoonists can be the conscience, the moral compass of a society – it is not a matter of right and left, but a matter of right or wrong. So, cartoonists are very important, and it is not wonder that many governments – from Iran to Equatorial Guinea to Turkey – are trying to pressure them into silence.
3. What have you done since leaving Iran?
While in Canada, I studied journalism and worked with a news agency for three years. I joined IFEX in 2008, and starting in 2009 I ran a news website specifically for and about Iran. This became one of the top news websites on Iranian issues, although it was filtered and firewalled in Iran. At some point, however, we stopped getting funding; we understood that the Obama administration’s policies towards Iran, their efforts to connect with the regime, were a major reason why other organisations stopped funding us. We had to let it go.
As a cartoonist with fibromyalgia, who has had to stop drawing as a professional, I now work with Cartoonist Rights Network International. I was once a client, now I am a board member. We are a human rights organisation, focused on the freedom of expression, and we support cartoonists in distress: cartoonists who are oppressed by the regimes in their countries, threatened, arrested or sent to prison.
Cartoonists are vulnerable, and even more so after the Charlie Hebdo massacre. There is increasing solidarity among them, and they are better connected now, through our organisation and others – but still, they are in danger. What needs to be done is provide a means of sustenance for cartoonists who are in trouble. That’s very difficult, because non-profits are not rich, and also because a cartoonist cannot live off assistance funds forever – they need to be paid to do what they do best.
Finally, as a geologist and an expert on Iran’s water problems, I am back to working on water issues. Iran has a big water problem, which is possibly going to create big chaos in the near future. There was an uprising in December 2017 and January 2018, and only in cities hit by water crisis and drought, where people were too desperate and felt they had nothing left to lose, were the protests not easily contained and people were killed. We will see more and more clashes in areas that are hit by drought.
4. Do you think environmental issues, including water, should be treated as political issues?
Most definitely. That is exactly what I am working on. Water may easily become a major political issue, in Iran and in the whole Middle East and North Africa (MENA) region, an already unstable one. Iran has always been a dry country, with rainfall about a third of the median around the world. But for 3,500 years Iranians were able to manage their water resources through various technologies. Over the past 50 years, however, mega-dams and deep wells have ruined our environment and most aquifers have been depleted; as a result, 85 percent of our groundwater is now gone. Climate change has only made it worse: last year, we had 78 percent less snow storage in our mountains compared to the previous year.
Now, Iranians may be oppressed because of their beliefs and ideas, but when there’s not enough water to drink and produce food, they have reached a tipping point. In Syria the drought worsened from 2006 to 2009, as a result of which a million people from the north-eastern provinces had to leave their lands and migrate to the margins of bigger cities. When the Arab Spring started, it sparked protests in Syria as well – but in this case, they led to civil war. We are talking about farmers and herdsmen, people who had lost their livelihoods, many of whom had joined militant groups. Factor in an intolerant, authoritarian government that could not manage the protests, and there you go. Something similar could happen in Iran.
5. Are you saying civil war is a likely outcome for Iran? Isn’t there any way pro-democracy forces could turn the discontent in their favour?
That’s what some of us are worrying about. Pressure for water could, maybe, lead to a democratic opening as well. We are educating the public about the water situation. Unfortunately, many political groups have no clue about environmental issues – they have never cared about them, don’t understand them and don’t see how they could connect to their political struggles. In trying to change this, I am currently working on a documentary about water, connecting the struggles with water shortages that we are seeing in places as diverse as Cape Town in South Africa, Seville in Spain and even the Vatican City and some parts of the US. Our contacts in Iran are collecting material for us and documenting the situation as well, and we are doing a collaborative bilingual project, in English and Persian, to educate the public, including academics and politicians. Because if we don’t do anything about it, rather than democracy what we will get is more uprisings, repression, and hundreds or thousands of people killed in places hit by drought.
Civic space in Iran is rated as ‘closed’ by theCIVICUS Monitor,indicating overwhelming restrictions in the freedoms of association, peaceful assembly and expression.
Get in touch with Nik Kowsar through hisFacebook page, or follow@nikahang on Twitter.
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ITALY: ‘We anticipate hostility towards civil society working on human rights’
CIVICUS speaks about the recent Italian election with Oiza Q Obasuyi from the Italian Coalition for Civil Liberties and Rights (CILD).
CILD is a national network of civil society organisations (CSOs) working to protect and expand civil rights and freedoms by running public campaigns for policy change, advocating with governments and international bodies and taking cases to court.
What are your main takeaways from the recent Italian election?
The first thing to note is that a significant number of people – one in three – did not vote. One big reason for this is the increasing lack of trust in political institutions. This is important to consider in the face of Giorgia Meloni’s claim that she won thanks to the vote of all Italian citizens – which is not true.
I personally think that left-wing parties have become increasingly distant from the masses, and especially the working class, which is now significantly underrepresented. The left should be working not only on civil rights but on social rights too: if the far right manages to convince even part of the working class to vote for it by using racist and anti-immigration propaganda, this means the left is not doing what it is supposed to do: campaigning for the social and civil rights of the worse-off, including working class people, low-wage earners, students, women and LGBTQI+ people.
We are experiencing an economic crisis that is affecting the lower classes deeply. Inequalities have become unbearable and political institutions keep ignoring protest demands, be they from the Insorgiamo (‘We are rising up’) movement for workers’ rights or Fridays For Future Italia,which continues to call out the government for its inaction on climate change.
In a context where there is no political force on the left reacting to these demands and promoting policies to protect and promote these basic rights, the fact that people have voted for a far-right candidate such as Giorgia Meloni shouldn’t surprise us.
How did civic space conditions evolve in the run-up to the election?
Hate speech and disinformation played a significant role during the campaign. Meloni’s entire propaganda is based on ultraconservative beliefs that she pushes by instrumentalising half-truths, a distortion of the facts and outright lies.
Even though she has said she would not repeal Law 194, which protects the right to abortion, Meloni has repeatedly joined so-called ‘pro-life’ conferences organised by ultra-catholic and conservative associations, along with her League party colleague Matteo Salvini. She has often stated that children need a father and a mother and that’s the only type of family that has the right to exist, to the detriment of LGBTQI+ couples who continue to fight to have the same rights as heterosexual couples.
To back her claims, Meloni often passes off prejudice as scientific fact and brings up conspiracy theories about ‘gay lobbies’ trying to indoctrinate children with their so-called ‘gender agenda’.
In addition, during her campaign Meloni referred to drugs and alcohol as ‘youth deviations’. I think she will use these issues as yet another way to curb citizens’ civil rights. This can be expected in the light of her framing of drug-related issues as criminal rather than, say, health issues, particularly when the people concerned are of foreign descent.
How significant is it that Giorgia Meloni downplayed her fascist heritage?
I don’t think that makes her less of a threat. She has strong links with Hungarian far-right president Viktor Orbán, who is well known for his racist and illegal anti-migrant policies that systematically push migrants back at the border and his hostility towards LGBTQI+ people and more generally, towards any CSO working for the protection of human rights.
Meloni’s entire propaganda was based on similar grounds, with a strong sense of nationalism and conservatism that derives from her party’s fascist past – not to mention her belief in the so-called ‘great replacement’ theory, a conspiracy theory that believes there is an ongoing plan to bring in more and more immigrants until white Europeans disappear from the continent. That is why, according to her, immigration must be stopped.
How do you think the advances made by the far right will impact on the rights of excluded groups?
I think we will face a situation in which it will be extremely hard to push for positive laws and policies that protect everybody’s social and civil rights.
Italy is one of the few countries in the European Union that does not have a law that specifically protects LGBTQI+ rights. A proposed bill against homophobia, transphobia, biphobia and lesbophobia, popularly known as DDL Zan, was not passed.
There is also a possibility that migrants’ right to request asylum could be further restricted, given Meloni’s hostility towards immigration and the current situation with the decreti sicurezza – decrees on security and immigration – issued by Matteo Salvini when he was Minister of the Interior between 2018 and 2019.
Even though the current Minister of the Interior introduced ‘special protection’ for migrants, humanitarian protection was abolished and access to accommodation was extremely restricted by Salvini. His successor made some revisions to his policies, but various elements continue to raise concerns. The decision to allow the revocation of Italian citizenship of foreign-born Italians deemed a threat to national security was not questioned, although the process was amended.
For 30 years, civil society has demanded citizenship law reform to guarantee access to Italian citizenship for people of foreign descent who were born or raised in Italy. There are over 800,000 such people, many of them children. They are de facto Italian citizens, but they’re not legally recognised as such. Although there have been left-wing governments that could have pushed toward reform, we still have an obsolete law based on jus sanguinis, or citizenship by blood, and it is very unlikely that a Meloni-led government would change that.
As for our work, we anticipate hostility towards CSOs working on human rights, if the government goes down the same road as her ally Viktor Orbán did in Hungary.
What kind of domestic and international support does Italian civil society need to continue doing its work?
We need active support from European and international civil society as external observers, especially when international institutions are involved and called to scrutinise potential human rights violations and civic space restrictions.
Economic support is also important: during their previous government, right-wing parties proposed to economically support police forces through 5x1000 funds, which is one of the fundamental ways in which CSOs fund their work, thanks to part of the money citizens voluntarily donate when filing their tax declarations. If this proposal becomes reality, then many CSOs will suffer budget cuts.
Civil society must also stay vigilant on women’s reproductive rights, under the constant threat of new patriarchal and sexist laws to either make access to abortion more difficult or ban it completely. We must also ensure that civil rights protection goes hand in hand with social rights protection: poverty, unemployment and low wages are major problems that affect many vulnerable communities.
Civic space in Italy is rated ‘narrowed’ by the CIVICUS Monitor.
Get in touch with the Italian Coalition for Civil Liberties and Rights through itswebsite orFacebook page, and follow@Cild2014 and @OizaQueensday on Twitter.