civil society
-
PAPUA NEW GUINEA: ‘The mining company must address its human rights and environmental legacy’
CIVICUS speaks with Keren Adams, Legal Director of the Human Rights Law Centre (HRLC), about the victory recently obtained in holding the British-Australian mining company Rio Tinto accountable for the multiple human rights violations caused by its operations in Bougainville, Papua New Guinea. Established in 2006, the HRLC is an Australian civil society organisation that uses strategic legal action, policy solutions and advocacy to support people and communities to eliminate inequality and injustice and build a fairer, more compassionate Australia.What tactics does the HRLC use to hold corporations accountable?
The HRLC uses a mixture of strategic litigation, high-impact media work, campaigning and shareholder engagement to hold corporations accountable for the human rights consequences of their actions. We work in partnership with affected communities and workers to seek justice and remedy for corporate human rights abuses. We also advocate to improve regulation and oversight over the activities of Australian companies to ensure they uphold their obligation to respect human rights, wherever they operate.
What were the impacts of the Rio Tinto operations on Bougainville Island, and how did the HRLC support the struggle of local communities for justice and accountability?
Rio Tinto’s former Panguna mine on Bougainville left a massive legacy of environmental and social devastation on the island. Panguna had been one of the world’s largest copper and gold mines. During its operation, between 1972 and 1989, over a billion tonnes of waste from the mine were dumped directly into the Kawerong river downstream. The environmental destruction this caused, and its associated social consequences, led to a local uprising that forcibly closed the mine in 1989 and triggered a 10-year civil war on the island. In 2016, Rio Tinto divested from the mine and walked away without accepting any responsibility for this legacy.
As a result, communities all along the Jaba-Kawerong river valley continue to live surrounded by vast mounds of tailings – mine waste – left over from the mine’s operation. Their water sources are heavily polluted with copper and with every rainfall, huge volumes of tailings erode into the rivers, flooding farms and forests downstream with polluted mud, displacing villagers and destroying peoples’ livelihoods. Many people in the area live with serious health problems, including skin diseases and gastrointestinal and respiratory infections, which local health workers attribute to their exposure to pollution. An estimated 14,000 people live downstream of the mine.
In 2020, the HRLC assisted 156 local residents from several villages downstream of the mine to file a human rights complaint against the company with the Australian government, alleging serious breaches of the company’s human rights and environmental obligations. In response to the complaint, Rio Tinto agreed to re-engage with the communities about these issues and in July 2021 committed to funding an independent environmental and human rights impact assessment of the mine to identify impacts and risks posed by the mine and develop recommendations for what needs to be done to address them.
What do you hope will be the outcome of the process once the impact assessment is complete?
The communities we are working with called for Rio Tinto to fund the impact assessment as a first critical step towards addressing the massive and ongoing environmental and human rights problems being caused by the mine. But it is only the first step. They hope and expect that once the impact assessment is complete, Rio Tinto will contribute to a substantial, independently managed fund to help address the harms caused by the mine and assist long-term rehabilitation efforts.
These communities urgently need access to clean water for drinking and bathing. They need solutions to stop the vast mounds of tailings eroding into the rivers and flooding their villages, farms and fishing areas. They need their children to be able to walk to school without having to wade through treacherous areas of quicksand created by the mine waste. These are just some examples of what remediation means in real terms for the people living with these impacts.
What challenges lay ahead in achieving rightful compensation and long-term rehabilitation?
The extent of the environmental destruction at Panguna and the myriad health and social problems caused by the mine, left unaddressed for over 30 years, mean that substantial resources and a long-term commitment will be needed to find solutions and undertake proper rehabilitation of the site.
So far, Rio Tinto has only committed to funding the independent assessment of the mine. While we see this as an important development, it remains to be seen how serious the company is about addressing its legacy on the island and providing remedy in accordance with its human rights and environmental obligations. We will be continuing to work with local communities and other stakeholders like the Autonomous Bougainville Government to ensure that they do so.
Civic space inPapua New Guineais rated as ‘obstructed’by theCIVICUS Monitor.
Get in touch with the Human Rights Law Centre through itswebsite orFacebook page, and follow@rightsagenda on Twitter. -
PERU: ‘Environmental regulations were relaxed, when they should have been strengthened’
CIVICUS discusses the recent oil spill off the coast of Lima, Peru, with Juan Carlos Sueiro, Director of Fisheries at Oceana, the world’s largest international organisation dedicated to protecting and restoring the world’s oceans. Founded in 2001, Oceana focuses its work on restoring fisheries, promoting clean energy and establishing protected marine areas.Has anyone been held responsible for the oil spill off the coast of Lima?
The oil spill, caused by the Spanish oil company Repsol, happened on 15 January 2022. Due to its magnitude and visibility, it was the worst ecological disaster in Peru’s recent history. It occurred in an artisanal fishing zone, with protected areas and important seasonal economic activity. It is the largest spill we have ever had.
The spill happened because of the high tides caused by the eruption of the Tonga submarine volcano, which affected the process of unloading oil from a Repsol oil tanker to the La Pampilla refinery. The question is: how is it possible that the company only became aware of the magnitude of the spill the next day? The company’s negligence magnified the consequences of this spill.
Unfortunately, we have seen little progress in terms of Repsol taking responsibility for recovering the ecosystem. Even the exact volume of oil spilled is not known with any certainty. The company’s reaction was very slow, which is worrying because the first 24 hours following this kind of accident are key, as the oil film becomes very thin and expands a lot. It was only almost 20 days later that more sophisticated equipment was brought in to address the problem.
Overall there is not enough transparency. In this case, the contingency plan was not implemented. The activities currently underway are supposed to be the product of a plan, but neither the company’s commitments nor the contents of that plan have been made public. The area between Ancón and Chancay was heavily impacted on by the spill, and there is no bay there, only cliffs and water. It is visible how little has been done in the way of recovery.
There is also little transparency in the investigation. It is still not clear whether Repsol has handed over the equipment that was underwater in order to investigate and determine what happened on the day of the spill.
This lack of transparency is symptomatic of the way the Peruvian state operates. This is similar to what happened when the pandemic broke out and we ‘discovered’ that we had an absolutely precarious health system, which was clearly not up to the task. In this case, we have environmental structures, legislation and procedures on paper, but not in reality. The opacity of information is intended to hide this discrepancy.
For us it is very clear: Repsol must publicly assume clearly defined responsibilities.
What have been the environmental and economic impacts of the spill?
There has been great environmental damage. The area affected by the spill includes several protected natural areas: the Ancón Reserved Zone, the Guaneras Islands and the Punta Salinas Reserved Zone. The spill has impacted on marine fauna, affecting animals such as sea lions, otters, penguins and birds. Many have been stained with oil and their lives are at risk. Oceana is currently surveying this damage, as well as the additional damage caused by the company’s delayed reaction.
For communities in the area, the greatest concern is economic. These are mostly low-income people engaged in artisanal fishing. Beyond individual and immediate impacts – for example, for those who had invested in a seasonal business just before the spill – the consequences are collective and long-term. It is now impossible to fish in Ancón or Chancay, and it is difficult to know when it will be possible to do so, because oil has a much longer degradation time when it settles on the seabed. The fishermen and all the workers involved in processing and distribution logistics are also concerned about the variation in fish prices and the drop in demand.
We have run a calculation of the economic worth of coastal fisheries in these places to give us an idea of the economic loss. We also believe that there is an important impact on tourist activity: for the nine million inhabitants of the capital, Lima, and the three million living a little further north, these beaches are the closest place to spend the summer, and the spill has cut short the summer season, which runs from January to April. We have already warned the local municipalities that they must estimate the damage caused to tourism.
How has civil society responded?
We have all reacted with concern and a great interest in helping others. We have seen many volunteers helping to clean up the beaches, as well as experts and academics contributing within their areas of expertise.
However, volunteer work has limitations because in order to rescue marine wildlife from the damage caused by oil, certain procedures and products must be used to properly remove oil from an animal’s plumage or skin. Because of this, interest in helping usually does not translate into 100 per cent successful results.
Moreover, as this is the first time we have faced a disaster of this magnitude, Peru does not have all the expertise it needs. There is post-disaster expertise and experience elsewhere; it is necessary to bring it in. It would also be important to deepen the discussion about the energy mix we have and how to change it by turning towards the renewable resources that are available to us.
How can private companies be called to account and contribute to preventing future disasters?
Lack of accountability is a longstanding concern for the communities in these areas, and the fact that their demands have been systematically ignored is a symptom of Peru’s strong centralism. Artisanal fishermen in the north have been warning about this situation for several years and there has been no meaningful response. Oil extraction in Peru dates back to the 19th century; Peru had the first oilwell in South America. In the 1950s and 1960s, offshore platforms were installed, which are at the root of the spills and leaks that fishers complain about. There are also complaints about what happens in the transportation process, which has much greater implications.
This situation has encouraged civil society to prioritise the search for solutions. For almost a decade, environmental requirements have been reduced in Peru; it is necessary to walk back that path. Peru is engaged in fishing, mining and other activities for which regulations have been relaxed, when they should have been strengthened. The very low environmental capacity of the state and the poor response of companies to disasters clearly shows their inadequacy. Peru suffers from a major crisis of governance and respect for the rule of law.
The possibility of another spill is always present. It is necessary to minimise the likelihood of it happening, and to ensure that when it does, it has the least possible impact in terms of magnitude, frequency and consequences. To do this we have to start by not losing sight of who is responsible for this disaster and the consequences of their irresponsible action.
Civic space in Peru is rated ‘obstructed’ by theCIVICUS Monitor.
Get in touch with Oceana through itswebsite or itsFacebook,Instagram andTik Tok accounts, and follow@Oceana_Peru and@SueiroJC on Twitter. -
PERU: ‘It is necessary to restore trust in elections’
CIVICUS speaks with Iván Lanegra, secretary general of Transparency Civil Association (Asociación Civil Transparencia), about Peru’s recent presidential elections and the state of its democracy. Transparency is an independent civil society organisation that works to improve the quality of democracy and political representation by facilitating dialogue between political, governmental and civil society actors, implementing education and capacity-building programmes for citizen and political leadership, developing public policy proposals and observing electoral processes.
What was different and what was at stake in this election?
The recent general election was embedded in several political and social processes. First, it took place at the end of a very politically unstable five-year period, in which we had four presidents – Pedro Kuczynski, Martín Vizcarra, Manuel Merino and Francisco Sagasti – and Congress was constitutionally dissolved. At the same time, the economy was no longer growing as much, and social discontent began to increase. In this context, corruption scandals undermined the credibility of political parties. This was compounded by the socio-economic impact of the pandemic, which fuelled greater demands for redistribution.
As a result of all these processes, there was an atomisation of citizens’ preferences. The effects of this situation translated into high fragmentation of the vote in the parliamentary elections of January 2020 and, again, in the first round of the presidential election, held in April 2021, in which the two candidates who came out on top, and therefore went on to the second round, jointly received barely 33 per cent of the vote. There are 10 different political parties represented in our 130-seat Congress.
In the second electoral round, the victory of Pedro Castillo, of the left-wing Perú Libre (Free Peru) party over Keiko Fujimori, of the right-wing Fuerza Popular (Popular Force), showed the importance of the demands for change and rejection of conventional politics that grew in recent years.
However, the announcement of the official results was severely delayed, which created a climate of great uncertainty. In a context of high polarisation, there was an exponential increase in the number of appeals against the election results: normally, fewer than a dozen are filed, but on this occasion there were more than a thousand, none of which were considered well-founded. These appeals were used instrumentally: unfounded allegations of fraud were used to prolong the process as much as possible and to try to prevent the announcement of the results. While this attempt was unsuccessful, it delayed the transfer of power and increased distrust of politics and electoral institutions.
Why did many people not vote?
The rate of absenteeism in the first electoral round was almost 30 per cent, somewhat higher than in the 2020 legislative elections, when it reached 26 per cent; however, it dropped to less than 24 per cent in the runoff election. It is important to bear in mind that the first round of election took place when the COVID-19 pandemic was at its highest point in Peru. In other countries, such as Chile, it was not even possible to hold a vote due to the health emergency, but the elections took place normally in Peru. In fact, what is remarkable is that absenteeism wasn’t any higher.
What role did Transparency play in relation to the electoral process?
In the run-up to the election, as part of the #DecideBien (#ChooseWell) campaign, Transparency disseminated systematic information about the parties, their candidates and their proposals, so that citizens could assess their options. We broke down the parties’ policy programmes so that each person could learn about and compare the proposals of each candidate on the issues that interested them, and vote on the basis on that knowledge.
In addition, we invited citizens to register with the National Transparency Volunteer Network to become election observers. From our perspective, election observation consists of monitoring, providing guidance and bearing witness to the events that take place during election day, as well as educating citizens about electoral conduct and rules.
With this network of volunteers, Transparency observed the election process and from the outset we noted that the electoral process had been conducted normally, with only the kind of minor incidents that tend to occur in all elections, but which do not affect the results.
In view of the unfounded allegations that were made in an attempt to discredit the process, we also worked to counter electoral disinformation. The phenomenon of disinformation on social media, particularly after the runoff election, was much stronger than in previous elections, and the electoral authorities themselves had to set up teams dedicated almost exclusively to debunking ‘fake news’. The climate of polarisation surely contributed to increasing the impact of disinformation.
What political challenges lie ahead in the aftermath of the election?
The main challenges are how to reduce distrust in the state, how to address dissatisfaction with democracy and how to improve political representation. Although compared to these challenges, political polarisation, which was exacerbated in the electoral context, is less of a concern, it must also be considered. While the most radicalised sectors continue to fuel polarisation, they are in the minority. They managed to polarise the election because they were able to get through to the second round despite having received a low percentage of the vote, but after the election, the majority of citizens are far from the extremes. However, it is important to bear in mind that distrust, dissatisfaction and the feeling of lack of representation are elements that those who seek to exploit polarisation can use to their advantage.
It is necessary to restore trust in elections. To this end, we must continue to educate and inform citizens about the rules of elections, politics and democracy. We must also improve the mechanisms available to us for combatting disinformation. It is also necessary to move electoral reforms forward, in order to create incentives for the strengthening of political parties, as well as to improve the quality of political representation.
Civic space in Peru is rated ‘obstructed’ by theCIVICUS Monitor.
Get in touch with Transparency Civil Association through itswebsite or itsFacebook,Instagram andTik Tok pages, and follow@actransparencia and@ilanegra on Twitter. -
Pese al acoso, el movimiento estudiantil hondureño se niega a retroceder
CIVICUS conversa con Héctor Ulloa, estudiante de doble licenciatura en Derecho y Economía, vicepresidente de la Asociación de Estudiantes de Derecho de la Universidad Nacional de Honduras y fundador del Movimiento Progresista Universitario (PRO).
-
PHILIPPINES: ‘Historical memory of martial law under Marcos Senior gives us strength to persevere’
CIVICUS speaks withCristina Palabay, Secretary General of Karapatan, about the human rights situation in the Philippines since the start ofFerdinand Marcos Junior’s government.Founded in 1995, Karapatan isan alliance of civil society activists and organisations working for the promotion and protection of human rights in the Philippines. Its founders and members have been at the forefront of the human rights struggle in the Philippines since the time of Ferdinand Marcos Senior’s martial law regime.
What have the government’s policy priorities been in its first year?
Ferdinand Marcos Junior, known as Bongbong Marcos, the son of former dictator Ferdinand Marcos, was inaugurated for a six-year presidential term on 30 June 2022, succeeding Rodrigo Duterte, whose rule was marked by closing civic space and attacks against civil society activists.
While the new government tries to make it look like its policy priorities are aimed at addressing the economic crisis and its impacts on the debt-ridden domestic economy, this is not the case. Inflation and unemployment rates continue to rise while disproportionate shares of the budget are allocated to militarist policies rather than social services. These are insufficient palliatives and the government continues to invoke the crisis situation to justify the continuing violations of economic, social and cultural rights.
No substantial efforts have been made to curb corruption. But one after another, graft allegations against members of the Marcos family are being dismissed by the courts, which enables them to keep the money siphoned from the nation’s coffers.
The new administration tries to present itself as more humane than its predecessor in relation to the so-called ‘war on drugs’, but reports from the ground prove that extrajudicial killings and abuses of power by the police are ongoing. Moreover, Marcos Junior stands firmly behind Duterte in rejecting the International Criminal Court’s independent investigations into the thousands of killings committed under Duterte’s watch.
While mainstream surveys say that Marcos Junior maintains the trust of the population, people on the ground are increasingly questioning his rule because they see that his campaign promises to lower the prices of basic commodities and costs of services aren’t being fulfilled.
Have conditions for civil society worsened under Marcos Junior’s rule?
There seems to be no essential or substantial change in the relationship between the government and Filipino civil society, which continues to be hostile. If there is any change at all, it seems to be rather negative, considering the cumulative effect of the continuing human rights violations, attacks on civic and democratic space, dire lack of justice and accountability, and the prevalent culture of impunity.
The conditions for civil society have worsened due to the accumulation of restrictions that the state has continued to impose on civic space. These include red-tagging – the practice of labelling people and groups as associated with or sympathetic to the communist movement or progressive movements, judicial harassment and illegal or arbitrary arrests and detention of human rights defenders (HRDs). We have witnessed an increased use of counter-terrorism laws against HRDs, political dissenters, journalists and workers in churches and faith-based institutions. Violations of freedoms of association, expression and peaceful assembly have clearly continued.
The recently adopted National Security Policy bodes ill for those working towards the achievement of just and lasting peace and upholding and defending human rights, because it affirms all the policies of the Duterte administration, including the institutionalisation of a government task force that has been notorious for committing red-tagging and other forms of human rights violations. Additionally, Marcos Junior hasn’t issued a clear policy statement concerning human rights.
What challenges does Karapatan face as a human rights organisation?
Filipino civil society organisations remain steadfast in our collective work to uphold and defend human rights in the Philippines. Our historical memory of martial law under Marcos Senior gives us the strength to persevere in our human rights advocacy despite all the restrictions and challenges.
Karapatan specifically continues to face numerous challenges. One of our staff members, Alexander Philip Abinguna, remains in jail on trumped-up charges. Our national officers continue to face judicial harassment, threats and red-tagging. We are in constant fear of physical attacks and the use of draconian laws against us. However, at our recent National Council meeting, we expressed an even stronger determination to continue doing our human rights work, demanding justice for all victims of violations of human rights and international humanitarian law, resisting all forms of authoritarianism, fighting for a truly democratic country and building a human rights culture.
What international support does Filipino civil society receive, and what further support do you need?
We appreciate the tenacious political, moral and material support that the international community provides to Filipino civil society to defend and uphold human rights. Karapatan calls on its international friends and allies to further strengthen this spirit of international solidarity by amplifying our calls to your communities and peoples, to your parliaments and governments and to international mechanisms such as the United Nations Human Rights Council. We likewise appreciate any political and material support for victims of human rights violations, including HRDs at risk and their families and communities.
Civic space in the Philippines is rated ‘repressed’ by theCIVICUS Monitor.
Get in touch with Karapatan through itswebsite or itsFacebook page, and follow@karapatan and@TinayPalabay onTwitter.
-
PHILIPPINES: ‘The charges against me are part of the government’s efforts at silencing its critics’
CIVICUS speaks with the chairperson of human rights group Karapatan, Elisa ‘Tita’ Lubi, who currently faces fabricatedcharges of attempted murder. She was accused alongside Karapatan Southern Mindanao Region’s Secretary General Jayvee Apia for allegedly committing these crimes during an armed encounter between members of the armed opposition group New People’s Army and the military in May 2018. The case was only filed in June 2020, two years after the alleged encounter.
Karapatan is a national alliance of civil society organisations (CSOs) and activists working to promote and protect human rights in the Philippines. Established in 1995, Karapatan has 16 regional chapters and includes more than 40 member organisations. Karapatan staff and members have been vilified by the administration of President Rodrigo Duterte for their activism and have repeatedly faced trumped up charges.
What is your background and experience as an activist?
After martial law was declared by President Ferdinand Marcos in 1972, I decided not only to support the student activists but to spend part of my time, which used to be totally consumed by the corporate world, helping and learning about real life from farmers and fisherfolk. After my third arrest and detention, I became active in the women’s movement since it was Gabriela, a national alliance of women’s organisations, which successfully campaigned in the Philippines and internationally for my release. I also used what skills I had developed, as a young human resources management and development manager in a US corporation and a multinational conglomerate, to design and pioneer a Basic NGO Management Course to help non-government and people’s organisations better run their projects, programmes and operations.
Eventually I became active in Selda, an organisation of former political detainees, and helped in the formation of Karapatan. I became the Founding Vice Chairperson of the Gabriela Women’s Party, which won in the party list elections in its first try. It was then one of the only two women’s political parties in the world.
So as an activist, I worked in the people’s movement, the women’s movement, the struggle for human rights and in the electoral arena. Eventually, I started focusing more on the defence and advancement of human and people’s rights, with specific attention to the plight of political prisoners and campaigning for their release, having been one myself. I was arrested and detained twice under Marcos’s martial law and once under the Corazon Aquino presidency (1986-1992).
I am now the National Chairperson of Karapatan, an alliance of organisations and individuals advocating and fighting for human and people’s rights. Its major responsibilities include monitoring and reporting of the overall human rights situation in the Philippines, so since 2007 we have regularly published a Year-End Report on the human rights situation in the country.
We have documented and reported cases of violations of human and people’s rights in our quarterly human rights Monitor. We also coordinate the Quick Reaction Team machinery composed of paralegals from affected regions and sectors, human rights lawyers, medical professionals when needed and volunteer human rights advocates; such teams immediately verify the report of a rights violation, search for the victims in military camps, detention centres and police stations, get in touch with the victim’s family and visit and investigate the scene of a violation.
We also expose cases, especially the grossest ones, of human rights violations nationally and internationally through newspapers, radio, television and social media. We aim to engender widespread protest and strengthen political pressure on the Filipino government to prevent further human rights violations. We oppose and campaign against repressive laws, bills, directives, government policies and programmes that imperil political, civil, economic, social and cultural rights. We are part of the Free Political Prisoners campaign and we gather political and material support for them.
Finally, we help in the provision of legal and medical services to political detainees, support their struggle for prison reform and help them meet their daily basic needs, which are not sufficiently provided by prison administrations, and initiate or join fact-finding and solidarity missions to document and assist victims and their families.
What harassment have you have faced over the years?
It is a long story of harassment, arrest, detention and ‘red tagging’ – a practice where people are slurred as communists and terrorists. Since 2016, when President Duterte took power, the government has committed widespread and systematic human rights violations, including the killing of human rights defenders. The government’s anti-insurgency campaign has failed to distinguish between armed combatants and civilians and there have been harassment and attacks against activists who are singled out and accused of supporting the communist insurgency. In my first arrest during Marcos’s martial law years, two of my companions, student activists from the state university, were shot dead.
Under the post-Marcos administration of President Aquino, some changes occurred but they were superficial and not at all the fundamental changes we were working for. I was once more arrested for violating the Anti-Subversion Law and was incarcerated first in a police station and then transferred to a city jail. But before that, I was sexually molested while undergoing tactical interrogation. I was released after more than six months when the case was dismissed for lack of evidence. By the way, the 100-plus city jail women detainees elected me Mayora, some sort of president of the detained.
Then came President Gloria Macapagal-Arroyo, who invoked a national emergency. In 2006, a rebellion case was slapped on six progressive party-list representatives sitting in the Philippines Congress and about 40 other critics of the government. The legislators became known as the Batasan Six; I was one of the other 40. The case was later dismissed by the Supreme Court, with the following admonition: “(We) cannot emphasise too strongly that prosecutors should not allow and should avoid giving the impression that their noble office is being used or prostituted, wittingly or unwittingly, for political ends.”
What have you and Karapatan been accused of more recently, under the Duterte administration?
In 2018, a petition was filed by the Justice Department for the proscription as terrorist organisations of the Communist Party of the Philippines (CPP) and the New People’s Army (NPA), which have led a longstanding national liberation movement in the Philippines. Appended to the petition was a list of more than 650 names that included those of social activists, human rights defenders, peace advocates and other government critics. My lawyer and I filed a motion to have my name stricken off the petition. Pushed by the strong protest against the clear military move to silence dissent and the freedom of expression, the government submitted an amended petition that dropped the list of names, retaining only two.
As a reaction to the unrelenting work of Karapatan to defend rights and expose the dismal human rights record of the Duterte government, not only in the country but also in the international community, including in the United Nations (UN), Karapatan has been subjected to constant and vicious harassment, intimidation, red-tagging, demonisation and vilification.
To protect itself, Karapatan filed a petition for legal protection under the privilege of the writ of amparo and habeas data, along with two other organisations, Gabriela and Rural Missionaries of the Philippines. In retaliation, Duterte’s National Security Adviser charged officers of the three organisations with perjury. The leaders of these organisations, including me as Karapatan’s chairperson, are all on provisional liberty after posting bail. Hearings on the case are proceeding during the pandemic.
The latest in the series of attempts at political repression against us is the filing of an attempted murder charge against my colleague Jay Apiag, me and three others. Two years after the supposed incident, a soldier of the Philippines Army allegedly identified us as part of an NPA unit that staged an ambush. On 29 March 2021, my lawyers and I filed an urgent omnibus motion for reinvestigation and to defer implementation of the warrant of arrest. It is still pending in court.
I have also shared evidence with the courts confirming my presence in Metro Manila preceding, during and following the alleged incident. In addition, it is also implausible that I was engaged in armed combat as I am 76 and suffer from hypertension and arthritis.
Why do you think the authorities are coming after you and Karapatan?
Those moves are part of the Duterte government and its military and police arms’ efforts at silencing its critics, whom they brand as ‘enemies of the state’. They are part of Duterte’s attempt at building a tyrannical rule patterned after his idol, the dictator Marcos.
Its counter-insurgency operational plan, Oplan Kapanatagan, aims to stem the continuing growth of the liberation movement in the country led by the CPP, the NPA and the National Democratic Front of the Philippines (NDFP). The Duterte government, with retired generals appointed to various cabinet positions, cannot understand that unless the basic problems of Filipino society are solved, even step by step, the people’s movement will persist.
What Duterte and his militarist henchmen have done instead is to merge as targets of attacks the armed and underground movements and the open and legal democratic people’s movement. So now, Karapatan and social activists and rights advocates like myself are in the bullseye of Duterte’s guns, so to speak.
What is the overall situation for human rights defenders?
The Philippines is one of the countries where social activists, human rights defenders and peace advocates live most dangerously. Recently, the Supreme Court was forced to issue a statement against attacks on lawyers, as 61 lawyers have been killed under Duterte’s presidency. The Duterte government’s intolerance of criticism was manifested by its red-tagging of film stars and beauty queens, university bodies and even organisers of community food schemes who were simply expressing their views. Six NDFP peace consultants have been summarily executed under Duterte. Four were shot dead, one was stabbed several times and one was garrotted.
Very recently, the National Task Force to End Local Communist Armed Conflict (NTF-ELCAC) ordered the profiling of the organisers of the Maginhawa Community Pantry, a civil society initiative that solicits donations and distributes foodstuffs under the motto ‘From each according to his ability, to each according to his needs’. Community pantries are mushrooming all over due to the government’s inability to alleviate impoverishment under the pandemic. Many are protesting against the red-tagging of the community pantry organisers, made worse by the NTF-ELCAC spokesperson, a retired military general, who likened the woman initiator of the public initiative to Satan.
What needs to change for the rule of law and human rights to be respected and for democracy to flourish?
First, and in general terms, the Duterte government should stop using the law to break the law. Specifically, it should repeal the Anti-Terrorism Law, which allows the warrantless arrest, prolonged detention and freezing of bank accounts of individuals based on mere suspicion of being terrorists. It should abolish the NTF-ELCAC, which leads inter-agency actions with impunity, including but not limited to extrajudicial killings, massacres, enforced disappearances, simultaneous raids and arrests, filing of trumped-up charges and red-tagging. It has billions in public funds, which could very well be allocated to COVID-19 testing, vaccination and food assistance to families affected by the pandemic.
The police should stop killing suspected drug users and pushers during its anti-drug operations, mostly conducted in urban poor communities. The judiciary should also categorically instruct its prosecutors and judges to desist from filing charges in court and issuing search and arrest warrants with insufficient evidence or with hardly a preliminary investigation. The military and police should be prevented from exerting pressure on or threatening officers of the courts.
The Duterte government should go back to peace negotiations. Headway has been achieved in the draft Comprehensive Agreement on Social and Economic Rights, specifically on agrarian reform and rural development and national industrialisation and economic development. There is a possibility of an Interim Peace Agreement and a coordinated ceasefire. The NDFP is willing to continue peace talks to address the root causes of the armed conflict. It is the Duterte government that is refusing to sit down and talk once more.
Next year, 2022, is a national election year. There should be major electoral reforms to prevent fraud through electronic cheating and the rampant use of ‘guns, goons and gold’ to maintain the corrupt politicians entrenched in power. There should be a stop to political dynasties, including that of President Duterte, whose daughter is mayor of Davao City and is perceived to have started campaigning for the presidency in 2022 despite continued denial. One Duterte son is a congressman, while another is a vice mayor. Electoral reforms and people’s action should ensure that the candidates with the people’s interests at heart get a fighting chance and those whom the people vote for actually win.
What can the international community and CSOs do to support you and other activists facing judicial harassment?
One way is to join and support the Stop the Killings in the Philippines international campaign. Another is to join and support the international campaign to investigate the human rights situation in the Philippines.
Still another is to support advocacy with the UN Human Rights Council and UN Special Procedures being undertaken by Philippine human rights defenders and peace advocates to address the real situation of human and people’s rights and the implementation of international humanitarian law in the Philippines.
And finally, the international community and CSOs can push for and support the resumption of peace talks between the government and the NDFP, and urge the government to stop the attacks on NDFP peace consultants and honour whatever peace agreement has been reached between the government and the Bangsamoro Autonomous Region in Mindanao.
Civic space inthe Philippinesis rated ‘repressed’ by theCIVICUS Monitor.
Follow Karapatan through itswebsite or follow@karapatan on Twitter. -
PHILIPPINES: ‘The government is headed by a former dictator’s son who reached power in a suspicious manner’
CIVICUS speaks with Nymia Pimentel-Simbulanabout the human rights situation in the Philippines since the start ofFerdinand Marcos Junior’s government.Nymia ischairperson of the Philippine Alliance of Human Rights Advocates (PAHRA) and Executive Director of thePhilippine Human Rights Information Center (PhilRights).Established in 1991, PhilRights serves as PAHRA’s research and information centre. Its vision is that of a society where each person can fully realise their potential, participate effectively in economic, political and cultural life and benefit from economic progress.
Has the relationship between government and civil society changed under the new government?
The relationship between state and civil society hasn’t changed under the new government – it hasn’t worsened, but it hasn’t improved either. However, since the government is now headed by the son of a former dictator who came to power in a suspicious manner, civil society organisations (CSOs) approach it with caution, scepticism and a lukewarm attitude.
Overall, conditions for civil society work have not improved, as numerous policies and programmes that restrict the activities and functioning of CSOs, particularly human rights organisations, remain in effect. For instance, the Anti-Terrorism Act of 2020 (Republic Act 11,497), which has the National Task Force to End Local Communist Armed Conflict (NTF-ELCAC) as its primary implementing entity, persists in its campaign to discredit human rights advocates through red-tagging – labelling people and groups as associated with communism. Threats, harassment and killings of human rights defenders (HRDs) – including civil society activists, environmentalists, human rights lawyers, trade unionists and Indigenous leaders – have continued. Journalists such as 2021 Nobel Peace Prize winner Maria Ressa have not been exempt from attacks either. Multiple trumped-up charges have been filed against her as part of the government’s sustained efforts to stifle dissent.
Has the government shifted its focus from the ‘war on drugs’ to other policy issues?
We have not seen any significant differences in priorities or approaches to economic, foreign relations, environmental and human rights issues between current president Ferdinando Marcos Junior and former president Rodrigo Duterte.
However, while the focus on the drug problem remains, there has been a discursive shift from Duterte’s punitive and violent approach to an anti-drug campaign emphasising prevention and rehabilitation. But this hasn’t translated into an end to extrajudicial killings, which continue unabated in impoverished urban areas that are known to be havens for drug-related activities. Dahas, a research group from the University of the Philippines, reported 342 instances of drug-related killings carried out by state and non-state groups and people during the first year of the new government. The targets of the anti-drug campaign continue to be minor drug users and low-level peddlers. As happened under the previous administration, prominent drug lords remain untouched.
Meanwhile, people’s quality of life continues to decline and food insecurity has worsened due to the impact of continuous increases in oil and fuel prices, pushing up the cost of essential commodities and services. Staples such as rice, sugar, onions and flour have become scarce in many Filipino households. The president has failed to take decisive action on the pressing food problem, even though he also serves as Secretary of Agriculture.
What support does the president enjoy?
According to a recent survey, the president enjoys substantial approval and trust ratings, standing at around 80 per cent. These scores are consistent across regions and socioeconomic groups.
I believe this phenomenon reflects how the government’s information and communication machinery has effectively crafted, packaged and disseminated Marcos Junior’s and his administration’s endeavours, policies and priorities, primarily featuring messages of unity and concern for the poor. Social media platforms such as Facebook, TikTok and YouTube have served as the main channels for conveying these messages, enabling the government to reach out to the majority of the population, who predominantly rely on social media as news sources.
How is Filipino civil society working to protect and promote human rights?
Filipino CSOs, including PhilRights, are actively involved in human rights education, research, documentation of rights violations and community mobilisation through grassroots organisations, schools, universities, factories and churches.
Civil society pursues five primary goals. We advocate for the adoption of the Human Rights Defenders Protection Bill and combat the vilification campaign against HRDs, including the red-tagging of civil society activists. We seek justice for victims of extrajudicial killings in the context of the ‘war on drugs’ through lobbying at the United Nations Human Rights Council (UNHRC) and International Criminal Court. We work to address economic concerns, including food insecurity, by trying to achieve reductions in the costs of basic goods and services, promoting decent employment opportunities and fair wages and providing adequate housing for urban poor residents. We engage in environmental protection efforts, which involve advocating for an end to large-scale mining activities like open-pit mining, particularly in Indigenous peoples’ communities.
How is the international community supporting this work?
Filipino civil society benefits from international solidarity coming from various government missions, human rights organisations and religious groups that support our lobbying efforts at the UNHRC. They release press statements, position papers and reports addressing human rights issues and concerns in the Philippines. They provide essential funding and material assistance to Filipino CSOs for our diverse human rights and development initiatives. Moreover, as leaders of civil society and HRDs, we are frequently invited to speak about the human rights situation in the Philippines to organisations and groups abroad, keeping them informed and keeping solidarity alive.
Civic space in the Philippines is rated ‘repressed’ by theCIVICUS Monitor.
Get in touch withPhilRights through itswebsite or itsFacebook page, and follow@PhilRights onTwitter.
-
PHILIPPINES: ‘We fear the democracy those before us fought so hard for will be erased’
CIVICUS speaks about the recent presidential election in the Philippines with Marinel Ubaldo, a young climate activist, co-founder of the Youth Leaders for Environmental Action Federation and Advocacy Officer for Ecological Justice and Youth Engagement of Living Laudato Si’ Philippines (LLS).
Founded by Catholic lay people, LLS began in 2018 as an interfaith movement calling on Filipino financial institutions to divest from coal-related operations and other environmentally harmful activities. It aims to empower people to adopt lifestyles and attitudes that match the urgent need to care for the planet. It promotes sustainable development and seeks to tackle the climate crisis through collective action.
From your perspective, what was at stake in the 9 May presidential election?
The 2022 election fell within the crucial window for climate justice. As stated in the latest report by the Intergovernmental Panel on Climate Change, we need to keep global warming below 1.5 degrees Celsius or we will suffer terrible consequences, such as a rise in sea levels that will submerge much of the currently populated land, including the Philippines. Upcoming leaders will serve for the next six years –and possibly beyond. They have the immense responsibility of putting a climate change mitigation system in place for our country and urging more countries to do the same.
As shown by Super Typhoon Rai that hit the Philippines in December 2021, climate change affects all of us. Whole communities lost their loved ones and their homes. Young people will reap the fruits, or pay the consequences, for whatever our incoming leaders do in response to this crisis. This is why climate anxiety is so prevalent among young people.
How did young people mobilise around this election?
Young people campaigned house to house. We also went to grassroots communities to educate voters on how to vote wisely. Alongside other organisations that form the Green Thumb Coalition, our organisation produced a Green Scorecard and we used our social media platforms to promote the ‘green’ candidate.
One of the biggest youth initiatives around the elections was ‘LOVE, 52’, a campaign aimed at empowering young people and helping them engage with candidates and make their voices heard in demand of a green, just, and loveable future through better governance. We wanted to shift the focus from candidates’ personality and patronage politics to a debate on fundamental issues, and to help young people move traditional powerholders towards a people-centred style of policymaking.
We called this initiative ‘LOVE, 52’ in reference to the fact that young people – people under 40 – comprise 52 per cent of the Philippines’ voting population. We sought to appeal to younger voters’ emotions, and our central theme was love because a frequent response to the question ‘why vote?’ is to protect what we love: our families, our country, and our environment. The main element of this campaign was a ‘love letter’ drafted by several youth organisations and addressed to the country. It contained young people’s calls to incoming leaders, including those of prioritising environmental and social issues, coming up with a coherent plan to address the climate crisis, and supporting a vibrant democracy that will enable climate and environmental justice. We gathered all the love letters people wrote, put them in one envelope, and delivered them physically to the presidential candidates’ headquarters.
What are the implications of the election results for civil society and civic freedoms?
The results of these elections will have a lot of implications for the Filipino people. They will have a direct impact on civil society and our freedoms of association, expression and peaceful assembly.
The winning candidate, senator Ferdinand ‘Bongbong’ Marcos Jr., the son and namesake of a former dictator, has said that he will include his family in his administration. Just today, I saw the new president’s spokesperson on the news saying Marcos will make his own appointments, bringing in the people he trusts. I think he will really try to control the government with people who follow him unconditionally. He will put such people in all the positions available, so everyone will tell him what he wants to hear and no one will disagree with him. I think this is the scariest part of it all.
I fear in a few months or years we will be living under a dictatorship. Marcos may even be able to stay in power for as long as he wants. After trying to reach power for so long, he has finally won, and he won’t let go of power easily.
It’s very scary because the human rights violations that happened during his father’s dictatorship are not even settled yet. More human rights violations are likely to happen. It’s a fact that the Filipino people won’t be allowed to raise their voices; if they do so, they may risk being killed. This is what happened under martial law during Ferdinand Marcos’s dictatorship.
This will definitely affect civil society. It will be very difficult for humanitarian workers to respond to any crisis since Marcos will likely aspire to micro-manage everything. We fear the democracy those before us fought so hard for will be erased.
Regarding the specifics of policymaking, we don’t really know what the plan is. Marcos campaigned on vague promises of national unity and implied that all problems would be solved if people unite behind his leadership. Needless to say, he never mentioned any policy to tackle climate change and the environmental crisis.
Against all signals, I keep hoping the new administration will be receptive to people’s demands. I really hope our new president listens to the cries of the people. Our leaders must reach out to communities and listen to our issues. I doubt Bongbong Marcos is capable of doing that, but one can only hope.
What support does Filipino civil society need from international civil society and the international community?
We need to ensure the international community sends out a consistent message and stands by our side when oppression starts. We also need them to be ready to rescue Filipinos if their safety is at risk. We activists fear for our lives. We have doubts about how receptive and accepting the new administration will be toward civil society.
Today is a gloomy day in the Philippines. We did our best to campaign for truth, facts, and hope for the Philippines. Vice President Leni Robredo campaigned for public sector transparency and vowed to lead a government that cares for the people and bolsters the medical system. If she had won the elections, she would have been the third woman to lead the Philippines after Cory Aquino and Macapagal Arroyo.
Leni’s loss is the loss of the Philippines, not just hers. There are still too many people in the Philippines who believe Marcos’s lies. I don’t blame the masses for believing his lies; they are victims of decades of disinformation. Our system sadly enables disinformation. This is something that needs to be urgently tackled, but the next administration will likely benefit from it so it will hardly do what’s needed.
We now fear every day for our lives and for the future of our country.
Civic space inthe Philippinesis rated ‘repressed’ by theCIVICUS Monitor.
Get in touch with Living Laudato Si’ Philippines through itswebsite or itsFacebook page, and follow@LaudatoSiPH on Twitter and@laudatosiph on Instagram. -
Philippines: International community must support independent investigative mechanism to end attacks on civil society
New research on the state of civic freedoms in the Philippines
CIVICUS, the global civil society alliance, continues to call on the UN Human Rights Council to establish an independent investigative mechanism to address human rights violations and abuses in the Philippines to further accountability and justice. A new brief published today, shows that one year on from the adoption of a profoundly weak resolution at the Council, serious civic freedoms violations continue to occur, creating a chilling effect within civil society.
The CIVICUS Monitor has documented the arbitrary arrest and detention of human rights defenders and activists on fabricated charges. In a number of instances, the activists have been vilified and red-tagged – labelled as communists or terrorists – in relation to their work prior to their arrest. There have also been reports of evidence planted by the police and military forces to justify arrests or violence against activists.
Activists have been killed over the last year, both by the security forces and by unknown individuals. In many instances, activists were killed after being red-tagged. In virtually none of the cases has anyone been held accountable for the killings. In one incident, nine community-based activists were killed in coordinated raids, known as the ‘Bloody Sunday’ killings, which took place across four provinces in the Calabarzon region on 7 March 2021 by members of the Philippine security forces. The killing of journalists as well as judicial harassment against them has also persisted.
In July 2021, the Philippine government and the UN formalised a human rights programme which includes strengthening domestic investigation and accountability mechanisms; improved data gathering on alleged police violations; civic space and engagement with civil society and the Commission on Human Rights (CHR) to be implemented.
“The current actions by the UN Human Rights Council have failed to deter the criminalisation and attacks against activists and journalists, which has continued over the year, with impunity. The new joint programme seems to be just more window dressing by the Duterte regime to evade accountability. It is time for the international community to listen to civil society voices and establish an independent investigation to hold the perpetrators to account”, said Lisa Majumdar, CIVICUS UN advocacy officer.
Human rights groups have also documented an assault on the judiciary. An investigative report by the Free Legal Assistance Group (FLAG) found that at least 61 lawyers, judges and prosecutors have been killed under the Duterte administration since 2016. There have been no convictions so far in any of the deadly attacks recorded.
The new brief outlines other tactics used to silence civil society that have ranged from freezing their accounts to launching smear campaigns against them. In June 2021, the Anti-Money Laundering Council (AMLC) froze the bank accounts of Amihan, an organisation of peasant women, which the authorities alleged were linked to communist rebels. Bank accounts of eight other nongovernmental organisations and civil society groups based in Mindanao were also covered by the order.
Human rights alliance Karapatan has been subject to a spate of cyberattacks since July 2021 against its website, amid an online solidarity campaign #StopTheKillingsPH, which calls on the government to stop attacks against human rights defenders. Earlier attacks against Karapatan and alternative media outlets were traced by Qurium - Sweden-based media foundation - to the Office of the Assistant Chief of Staff for Intelligence of the Philippine Army as well as the Department of Science and Technology.
“Civil society groups have been at the forefront of monitoring violations perpetrated by authorities around the deadly war on drugs, and their assaults on activists. Despite the threats and litany of attacks against them, they have refused to be silenced. The international community owes them support and protection,” said Majumdar.
Following tireless research and advocacy efforts by civil society, in June 2021, the International Criminal Court (ICC) Prosecutor Fatou Bensouda requested judicial authorisation to proceed with an investigation into crimes committed in the Philippines from 1 November 2011 - the date the Philippines became an ICC member - until 16 March 2019. On 15 September 2021, Pre-Trial Chamber I of the International Criminal Court granted the Prosecutor’s request to commence the investigation in a landmark development.
In December 2020, the CIVICUS Monitor, a global research collaboration that rates and tracks respect for fundamental freedoms in 196 countries, downgraded the Philippines from ‘obstructed’ to ‘repressed’ in its People Power Under Attack report 2020.
More information
Download the Philippines research brief here.
Interviews
To arrange interviews, please contact Josef Benedict, CIVICUS Asia-Pacific Civic Space Researcher and
-
Philippines: International community must support independent investigative mechanism to end attacks on civil society
CIVICUS, the global civil society alliance, continues to call on the UN Human Rights Council to establish an independent investigative mechanism to address human rights violations and abuses in the Philippines to further accountability and justice. A new brief published today, shows that one year on from the adoption of a profoundly weak resolution at the Council, serious civic freedoms violations continue to occur, creating a chilling effect within civil society.
The CIVICUS Monitor has documented the arbitrary arrest and detention of human rights defenders and activists on fabricated charges. In a number of instances, the activists have been vilified and red-tagged – labelled as communists or terrorists – in relation to their work prior to their arrest. There have also been reports of evidence planted by the police and military forces to justify arrests or violence against activists.
Activists have been killed over the last year, both by the security forces and by unknown individuals. In many instances, activists were killed after being red-tagged. In virtually none of the cases has anyone been held accountable for the killings. In one incident, nine community-based activists were killed in coordinated raids, known as the ‘Bloody Sunday’ killings, which took place across four provinces in the Calabarzon region on 7 March 2021 by members of the Philippine security forces. The killing of journalists as well as judicial harassment against them has also persisted.
In July 2021, the Philippine government and the UN formalised a human rights programme which includes strengthening domestic investigation and accountability mechanisms; improved data gathering on alleged police violations; civic space and engagement with civil society and the Commission on Human Rights (CHR) to be implemented.“The current actions by the UN Human Rights Council have failed to deter the criminalisation and attacks against activists and journalists, which has continued over the year, with impunity. The new joint programme seems to be just more window dressing by the Duterte regime to evade accountability. It is time for the international community to listen to civil society voices and establish an independent investigation to hold the perpetrators to account”, said Lisa Majumdar, CIVICUS UN advocacy officer.
Human rights groups have also documented an assault on the judiciary. An investigative report by the Free Legal Assistance Group (FLAG) found that at least 61 lawyers, judges and prosecutors have been killed under the Duterte administration since 2016. There have been no convictions so far in any of the deadly attacks recorded.
The new brief outlines other tactics used to silence civil society that have ranged from freezing their accounts to launching smear campaigns against them. In June 2021, the Anti-Money Laundering Council (AMLC) froze the bank accounts of Amihan, an organisation of peasant women, which the authorities alleged were linked to communist rebels. Bank accounts of eight other nongovernmental organisations and civil society groups based in Mindanao were also covered by the order.
Human rights alliance Karapatan has been subject to a spate of cyberattacks since July 2021 against its website, amid an online solidarity campaign #StopTheKillingsPH, which calls on the government to stop attacks against human rights defenders. Earlier attacks against Karapatan and alternative media outlets were traced by Qurium - Sweden-based media foundation - to the Office of the Assistant Chief of Staff for Intelligence of the Philippine Army as well as the Department of Science and Technology.
“Civil society groups have been at the forefront of monitoring violations perpetrated by authorities around the deadly war on drugs, and their assaults on activists. Despite the threats and litany of attacks against them, they have refused to be silenced. The international community owes them support and protection,” said Majumdar.
Following tireless research and advocacy efforts by civil society, in June 2021, the International Criminal Court (ICC) Prosecutor Fatou Bensouda requested judicial authorisation to proceed with an investigation into crimes committed in the Philippines from 1 November 2011 - the date the Philippines became an ICC member - until 16 March 2019. On 15 September 2021, Pre-Trial Chamber I of the International Criminal Court granted the Prosecutor’s request to commence the investigation in a landmark development.
In December 2020, the CIVICUS Monitor, a global research collaboration that rates and tracks respect for fundamental freedoms in 196 countries, downgraded the Philippines from ‘obstructed’ to ‘repressed’ in its People Power Under Attack report 2020.
More information
Download the Philippines research brief here.
Interviews
To arrange interviews, please contact Josef Benedict, CIVICUS Asia-Pacific Civic Space Researcher and
-
Pierre C. Mbonimpa
Pierre Claver Mbonimpa
Name: Pierre Claver Mbonimpa
Country: Burundi
Update:
He was provisionally released from jail but is in exile at the moment. He was shot and seriously injured on 3 August 2015 and was taken out of the country for medical treatment. His son in law, Pascal Nshimirimana, was subsequently assassinated on 9 October 2015.
Reason behind bars:
Leading Burundian human rights activist Pierre Claver Mbonimpa was arrested at midnight on 15 May 2014 in Bujumbura was interrogated by prosecutors and later charged with inciting public disobedience and threatening national security on the basis of comments he made on Burundian radio station, Radio Publique Africaine (RPA). He is one of Burundi’s leading human rights defenders and president of the Association for the Protection of Human Rights and Detained Persons (APRODH). The charges against him stem from comments he made on Radio Publique Africaine (RPA) on 6 May 2014 that some youth from Burundi were being armed and sent to the Democratic Republic of Congo (DRC) for military training. Before his arrest, he was questioned by the police about the comments he had made on radio. Pierre Claver is a former police officer, a former prisoner and founded APRODH to defend prisoner’s rights and the rights of all Burundians. He is currently being detained at the Prison Centrale de Mbimpa.
Pierre Claver Mbonimpa (66 years old) is a leading human rights defender in Burundi and had served in the police force before 1994. He was imprisoned for two years on the basis of false accusations and after experiencing the harsh and deplorable conditions in prison, he formed APRODH. He has over the years campaigned against extra-judicial killings and publicly condemned the poor living conditions in Burundi’s prisons.
He has been a victim of judicial harassment and persecution in the past for his human rights activities and in 2010 he was summoned by the judicial authorities and interrogated about the work he was doing on the case of human rights defender Ernest Manirumva who was assassinated in 2009 while investigating allegations of corruption in the Burundian police.
Prior to his arrest on 15 May 2014, he responded to summons from the police on 7 and 12 May and sent his lawyer to represent him on 14 May. He was interrogated about the comments he made on RPA and was later arrested at the airport in Bujumbura on 15 May while on his way to Kenya. He is a recipient of the 2007 Martin Ennals Award and the 2011 Henry Dunant Award. He is a prisoner of conscience arrested and intimidated for his human rights activities.
For more Information
Burundi: release human rights defender Pierre Claver Mbonimpa
Burundi: Confirmation de la détention préventive de M. Pierre Claver Mbonimpa
-
POLAND: ‘Civil society played a crucial role in ensuring the fairness of the election’
CIVICUS speaks about Poland’s 15 October parliamentary election with Sonia Horonziak and Filip Pazderski, coordinator and head of the Democracy and Civil Society Programme at the Institute of Public Affairs (IPA).Founded in 1995, IPA is a leading Polish think tank and an independent centre for policy research and analysis that works to contribute to informed public debate on key Polish, European and global policy issues.
What were the main campaign issues?
The campaign was vicious, featuring hateful rhetoric, particularly directed at groups such as migrants. Opposition leaders, notably Donald Tusk, the head of the Civic Coalition, were targeted in every speech and interview given by members of the ruling Law and Justice party (PiS), even when it was completely unrelated to the subject matter.
Despite the emotional nature of the campaign, opposition parties’ messaging focused on reversing the regressive changes introduced by PiS, in power since 2015. Their electoral promises included restoring the rule of law and improving cooperation with the European Union (EU) and international partners such as Ukraine, with whom relations have deteriorated in recent months. At times, however, they were caught in the trap set by the ruling party, especially regarding migration issues, and their rhetoric wasn’t always fair toward migrants. Nonetheless, the PiS campaign was way more aggressive and hateful.
To react to that, in the final phase of the campaign the leaders of democratic opposition parties began to strongly emphasise their desire to temper social emotions and conflicts and bridge divisions. These were messages responding to the expectations of Poles, particularly from the group of undecided voters whose support was being fought for.
What factors influenced the outcome of the election?
Firstly, it’s crucial to note that, even though the official campaign started only weeks before the elections, PiS’s unofficial campaign has been underway for months, dominating the pre-election narrative. To this end, the ruling party extensively used public resources and received support from companies owned or controlled by the State Treasury. During the official campaign period, the public broadcaster exhibited a clear bias in favour of PiS, undermining the chances of any other party. Constant monitoring of the main news programme of the public TV broadcaster shows that PiS politicians were shown more often and only in a good light. By contrast, opposition party representatives were depicted only badly, and some very badly.
Moreover, during the electoral campaign PiS introduced the idea of a referendum, which was clearly unconstitutional, on issues aligned with its political agenda. In the referendum, people were asked whether they approved of the privatisation of state-owned enterprises, an increase in the retirement age, the admission of immigrants under the EU relocation mechanism and the removal of the barricade on Poland's border with Belarus.
The referendum allowed state-owned companies to engage in the electoral race and provide funding to the ruling party. This wasn’t subject to control or limitations, further contributing to an uneven and biased race in favour of PiS.
However, the results favoured opposition parties, which secured enough seats to form a coalition excluding PiS. This indicated that people had grown tired of the hateful rhetoric and propaganda spread by the government. An IPA survey carried out earlier this year showed a significant increase in dissatisfaction with the country's political and economic situation. It was particularly high among young people and women, which contributed to their views being expressed at ballot boxes and the final outcome of the elections.
No one expected PiS to gain enough votes to rule alone, but two possible outcomes were predicted. In one of them, PiS would be able to form a majority coalition with the far-right Confederation grouping. In the other, which eventually materialised, opposition parties would have the opportunity to govern together. A more even race might have yielded even higher results for the opposition bloc.
How different are the parties that form the winning coalition?
Each of the three groups forming the winning coalition – the Civic Coalition, the Third Way and the Left – comprises multiple parties. This raises the question of whether they will be able to stay together and form a unified front, or whether they will eventually split. Even though they have shared objectives, particularly those of restoring the rule of law and addressing corruption by implementing the EU’s whistleblower directive, they are divided on several issues.
While all parties oppose the strict abortion ban introduced by PiS, the Third Way is more conservative on women’s rights, in contrast to the Left, which holds more liberal and progressive views. Harmonising positions on social contributions also presents a significant challenge: while all agree that over the past eight years PiS has drained the public budget, there is no agreement as to which social groups should receive continued support and which should see their assistance reduced. The Polish People’s Party, a member of the Third Way, could prioritise agricultural workers, while the Left might want to focus on upholding minority rights and the Civic Coalition may emphasise support for older people. But the interests of these groups can ultimately be reconciled, perhaps as a result of a compromise leaving some of the expectations of members of these groups unanswered. It will be a little more difficult to align policies aimed at supporting business activities, a particularly important issue for the Civic Coalition and the Third Way. And for entrepreneurs, the reduction of the tax burden is mostly an important issue, while the Left's ideas may lead to tax increases.
There might also be tensions when it comes to appointing key positions and achieving a fair distribution of posts among coalition members, as several ambitious party leaders are vying for prominent roles.
But opposition parties know people expect change. We hope they’ll be wise and prioritise crucial reforms in areas such as the rule of law and tackling corruption over personal and political disagreements. This election result also marks Poland's return to the centre of European policy debates and the possibility of unlocking much-needed funds from the EU’s National Recovery Plan.
How did Polish civil society, including your organisation, engage with the electoral process?
Civil society played a crucial role in ensuring the fairness of the election. Several organisations conducted extensive training for thousands of people who volunteered to become electoral observers, empowering them to oversee the elections and ensure compliance with the law. Civil society educated voters on election participation and organised several extensive campaigns to encourage turnout, especially dedicated to women and young people, resulting in a remarkable 74.4 per cent voter turnout, a record in Poland. Civil society engagement particularly contributed to increased participation by women and young people, with turnout among young people 20 per cent higher compared to previous elections. We did our best to increase people’s engagement because it’s essential to achieve a truly representative democracy.
Another area of civil society involvement was in relation to the referendum. Almost all major civil society organisations (CSOs), including IPA, stated that the referendum was unconstitutional, manipulative, violated human rights and solely served the interests of the ruling party. We worked to inform and encourage people to vote in the parliamentary election while boycotting the referendum. This had a positive outcome: for the referendum, turnout was only 40 per cent, below the minimum validity threshold of 50 per cent, so its results were non-binding.
Do you think the government’s relationship with civil societywill change under the new administration?
Expectations are high for the new government to improve relations with CSOs. The PiS government propagated a narrative that part of civil society was politicised and worked against the interests of Polish nation. It was hostile towards organisations whose objectives didn’t align with government policies. During calls for public funds from ministries and government agencies, numerous well-established and renowned CSOs were excluded while organisations that had only existed for a few months or weeks and were clearly linked to PiS or its supporters were granted large amounts of money.
Over the past eight years, civic space in Poland has not only shrunk but also shifted towards increasing support of CSOs aligned with the government’s ideology. These organisations have often received long-term support that will enable them to sustain their activities long after a change of government. Certain segments of civil society, mostly those working on human rights, anti-discrimination, LGBTQI+ rights, migrants and refugees, environmental protection and watchdog activities, have faced harassment as well as insufficient support.
The major opposition parties have pledged collaboration with civil society and the implementation of policies formulated by CSOs across Poland in 17 thematic areas. The new government is expected to remain open to international cooperation, and not to marginalise independent CSOs but instead incorporate them into the political process, including on decision-making regarding the introduction or amendment of laws. There’s also a hope for fairer competition for public funds. We need to work on equal and non-discriminatory tools to support civil society and ensure its sustainability.
What forms of international support does Polish civil society currently need?
International solidarity has always played a crucial role for Polish civil society, particularly during the last eight years, when many CSOs wouldn’t have survived without it. The hope is that international CSOs and agencies, including those from the EU and the USA, will keep providing support and collaborating with Polish CSOs and the new government. This support is particularly important in the areas of democracy, the rule of law and anti-corruption.
The international community might mistakenly believe that the positive election outcome resolves all issues in Poland, potentially diverting attention to other problematic regimes. We have already been through this once, when after 2010 many foreign donors left Poland, deeming their job finished. Shortly afterwards, populist-nationalist forces returned to power and it turned out that legal mechanisms and democratic standards were not strong enough to stop them taking control of the state.
We need to understand this is just one victory, and there is much work ahead for both Polish civil society and the international community. Some donors have already withdrawn support for activities to defend and improve civic space across Europe. It is crucial for other donors, including private foundations, to step in and support each EU member so the union can develop and thrive.
Civic space in Poland is rated ‘obstructed’ by theCIVICUS Monitor.
Get in touch with IPA through itswebsite or itsFacebook page, and follow@ISPThinkTank onTwitter.
-
POLAND: ‘In reaction to conservative backlash, public support for LGBTQI+ rights is on the rise’
CIVICUS speaks about 2023 Pride and Polish LGBTQI+ rights organisations’ response to the conservative backlash against LGBTQI+ rights with Annamaria Linczowska, advocacy and litigation officer at Campaign Against Homophobia (KPH).
Founded 2001, KPH is a Polish LGBTQI+ civil society organisation (CSO) working to counter violence and discrimination based on sexual orientation and gender identity through political, social and legal advocacy.
-
PORTUGAL: ‘The rise of the populist right only further weakens trust in the political system’
CIVICUS speaks about early elections taking place in Portugal on 10 March with Ana Carmo from Akto, a Portuguese civil society organisation that promotes human rights and democratic values through advocacy, campaigning and education.
What are the main issues the new government will have to deal with, and how are candidates proposing to address them?
The most pressing issues that should be addressed by the new government and have been central to election debates are housing, health, pensions, education, immigration and the climate crisis. There are several other issues that are also on the agenda and should be addressed, including some related to the police and the justice system.
These are issues that allow for very different answers depending on where you are on the ideological spectrum. The more left-wing parties propose measures that require greater state intervention and public investment, while those towards the right present proposals that benefit the private sector and investors, and require less state intervention, arguing this will lead to economic growth and subsequently greater wellbeing.
Portuguese politics tend to revolve around two parties, the Socialist Party (PS) and the Social Democratic Party (PSD), both close to the centre. In this campaign, Pedro Nuno Santos, head of the PS ticket, has put forward proposals that are further to the left than usual for the PS, while Luís Montenegro, who leads the ticket of the Democratic Alliance (AD), a coalition led by the PSD, has followed his party’s usual ideological line.
What’s more, the PS is wearing out, perhaps due to its eight consecutive years in power, while the PSD, instead of preparing to succeed it, is also getting weaker. Instead, more radical right-wing parties are growing, notably Chega, identified as a ‘catch-all’ party, ideologically amorphous, populist and opportunistic, which adapts its discourse to whatever allows it to win the most votes.
A climate of discontent, frustration and perhaps revolt has led more and more people to vote for Chega as a form of protest. However, the growth of a party like Chega only further weakens trust in the political system.
Have disinformation or hate speech been a problem during the campaign?
There have been problems with disinformation, particularly spread by Chega, whose discourse is not based on facts. That’s why we often hear false statements or fallacious ideas coming from its leader and members of parliament. Chega has been running an anti-immigration campaign that appears to have instigated hate speech and expressions of xenophobia within society. On 3 February, a far-right march against the ‘Islamisation of Europe‘ took place in Lisbon’s Martim Moniz neighbourhood, an area known for its multicultural diversity. The march was banned by Lisbon City Council and the courts for its content and the danger it posed to citizens. Nevertheless, people still took to the streets.
Some media and the other political parties are making an effort to challenge fallacies about immigration, emphasising that the truth is that Portugal is a country of emigrants. They also highlight positive facts about immigrants, such as their great contribution to Portuguese social security, which allows pensions to be paid. It is a very strong argument in favour of immigration.
During its campaign, Chega also made the absurd and impactful proposal to ‘end support for gender equality’. This statement once again needed a deconstruction and fact-checking effort by the media and forced the other political parties to take a stand.
With the increasing spread of ‘fake news’, Portuguese media have set up fact-checking programmes to help counter the trend and maintain journalistic rigour. However, disinformation campaigns are more difficult to combat on social media, where Chega has succeeded in meddling. Because of this, polls point to a significant percentage of young people potentially voting for this populist party that jeopardises our fundamental rights.
To encourage debate about ideas, Portuguese media joined forces to organise political debates between the leaders of all parties represented in parliament, as they did in 2015. In the version implemented this year, candidates debate each other for around 25 minutes and these debates are broadcast and commented on in various news channels. This allows civil society to be better informed about their choices and people have shown interest, because debates have received top ratings.
What do you think the result of the elections could be?
Since the resignation of Prime Minister António Costa in November 2023 due to a corruption investigation that implicated him in influence peddling, corruption and malfeasance in energy projects, the political landscape has become increasingly unpredictable.
First, as he was elected PS leader, Nuno Santos was viewed as Costa’s unequivocal successor as prime minister, due to his charisma as well as the fact that his party had an absolute majority. Montenegro, in comparison, is not a charismatic leader and has had a career of setbacks. The PSD has been losing strength to more radical and populist parties such as Chega and Liberal Initiative, which is not seen so much as a populist party and still has space on the spectrum of the political right. The PSD doesn’t want to ally itself with Chega, and Liberal Initiative rejected a coalition with the PSD, causing it to ally with the CDS-Popular Party and the Monarchist Party.
By entering a coalition with two parties without parliamentary seats, the PSD resurrected a 1979 solution in an attempt to confront the PS’s absolute majority. But even so, it didn’t initially gain the ground it wanted.
The left has also lost relevance: the Left Bloc currently has five parliamentary seats, the Portuguese Communist Party has six and Livre has one.
In the presence of a left that some commentators describe as ‘asleep’, a one-party centre bloc and a right without an assertive leader, Chega is the only party flourishing.
In late 2023, opinion polls pointed to a new PS majority, but since the formation of the AD coalition, some polls suggest a potential AD victory. At the moment, there is great uncertainty and the large number of undecided voters will potentially decide the country’s direction. Every time there is a new electoral debate, new trends emerge. In the last debates he took part in, Nuno Santos called for a ‘useful vote’ in fear of a victory for AD and the right.
What are your expectations for the post-election period?
Depending on which party wins, the majority it gets, the coalitions that are formed and the number of seats that the opposing parties manage to obtain, there are various possible scenarios.
These legislative elections could lead to Portugal joining the trend we’ve been seeing across Europe with far-right and populist parties entering government, or they could lead to Portugal standing out with a more socialist and left-wing government. And even these two scenarios are reductive, because the outcome will also depend on the composition of the parliamentary opposition, which is so important for the proper functioning of our democracy.
Civic space in Portugal is rated ‘open’ by theCIVICUS Monitor.
Get in touch with Akto through itswebsite orFacebook page, and follow@Akto_org on Twitter.
-
PORTUGAL: ‘These elections have reminded us that democracies are fragile and imperfect’
CIVICUS speaks about the results of Portugal’s 10 Marchelectionwith Ana Carmo ofAkto, a Portuguese civil society organisation that promotes human rightsand democratic values through advocacy,campaigning and education.
What were the key election campaign themes and the main parties’ proposals?
Parties’ campaigns for the 10 March election focused on issues such as housing, health, economic growth, education, social protection – particularly pensions – and the fight against corruption. During debates, other issues were also addressed, such as negotiations with the police – who held some protests and covertly threatened to boycott the election, the formation of coalitions, an issue that arose based on polling data, and the country’s governability.
This election campaign was very atypical and perhaps because of this, equal attention was given to all parties with parliamentary representation, something unusual in Portugal, where competition has been mostly bipartisan, between the Socialist Party (PS) and the Social Democratic Party (PSD). Discussion of political coalitions forced us to think about politics in ideological terms, with major contenders placed on the left, right and far right.
The contest for the prime minister position was between Pedro Nuno Santos of the PS and Luís Montenegro of the PSD as part of the Democratic Alliance (AD) coalition. Nuno Santos’ main proposals placed him as the continuation of the incumbent government with a focus on strengthening public investment on all of the campaign’s focus areas. His strategies to deal with the key issues included negotiation, strengthening institutions and greater public investment in public policy. Luís Montenegro, in comparison, centred his campaign on strengthening and stimulating the private sector, establishing public-private partnerships and reducing personal income tax and corporate income tax rates to encourage investment.
It’s important to note that the campaign saw little discussion of proposals or in-depth analysis of political programmes. The pitch-style debates didn’t take us beyond the headlines, creating some confusion as it was hard to tell the political programmes of the different parties apart. Following the debates, the over-abundance of commentary on all TV channels, each with its own bias, also contributed to the confusion of ideas. Even so, and contrary to what was expected due to the presence of a populist party, the debates and the other parties’ campaigns managed to maintain a good level of cordiality and political seriousness.
What led to the AD and PS winning almost the same number of seats?
The wear and tear of the PS government became very apparent during the campaign. Despite Nuno Santos’ great effort to disassociate from former Prime Minister António Costa and present himself as the party’s new face, many people were unhappy and didn’t trust the PS.
According to polls, the number of undecided voters increased as election day approached. The media’s excessive and sensationalised coverage may have contributed to this. With so many people undecided, confused and saturated, an expression of a desire for change was to be expected.
However, it’s important to remember thattwo years ago the PS won an absolute majority in an election that came about because the Left Bloc rejected the state budget. But it subsequently failed to satisfy people’s major needs, and for the second time its government fell, leading to elections. Nuno Santos’ political ability and perceptions of him, the other parties’ campaigns, leaning mainly towards the right, the influence of mainstream and social media and the European and international context all contributed to a paradigm shift. The fact that, as a result, the PS went from 120 parliamentary seats to around 76 has far-reaching implications.
What are the consequences of this tie?
As a result of the technical tie between the AD and PS, the climate of uncertainty that dominated the campaign continues. If parties are faithful and uncompromising with their positions and their word, it’s very likely that there will be another election in November because the state budget won’t get approved. If this happens, another highly likely scenario is that the far-right Chega party will continue to gain ground and further strengthen its position in parliament.
So this is a critical moment and a window of opportunity for Portuguese democracy to prove its strength – or weakness. Will political parties be able to engage in dialogue for the sake of political stability? What will their approach be to dealing with a populist party that has become a solid third political force? Will the centre bloc be maintained?
If these elections have reminded us of anything, it is that democracies are fragile and imperfect. We’ll see what capacity we have to adapt to democracy’s new contours.
How worrying do you find Chega’s performance?
Chega’s performance has been similar to that of its counterparts in other countries: Donald Trump’s Republican Party, Jair Bolsonaro’s Liberal Party, Viktor Orbán’s Fidesz, Marine Le Pen’s National Rally and Matteo Salvini’s Northern League. Its growth is not surprising – it’s even predictable. This is a party that feeds on fear, disinformation and revolt, and follows thegrowth of similar parties across Europe. Its tactics are no different from those used by other far-right parties.
Chega attracts historical revanchists, xenophobes and racists, the angry and the disaffected. The Algarve region, a district won by Chega, is an example of a region that resents the way it’s been treated by successive governments. This is a region that’s very much affected by seasonal changes and experiences constant failures in dam management, leading to water shortages. Its feeling of being abandoned may explain the election result.
The growth of a populist party is always worrying, as history can attest. It’s all the more concerning given that Portuguese democracy is still young. Just as we celebrate the 50th anniversary of the 25 April Carnation Revolution when our democracy was born, we are faced with narratives and behaviours that go against the principles of our democracy and our rights and freedoms. The growth of a far-right party is particularly concerning when it comes to the most excluded people: women, the lower and lower-middle classes and young people. That’s why the majority of its voters are male.
How did civil society engage with the elections and how has it reacted to the results?
Despite the high percentage of undecided voters, abstention appeared to decrease. Abstention has always been a concern, hovering around 40 per cent, but historic figures are not accurate due to the unusual number of non-habitual residents and newly registered voters. In these parliamentary elections, abstention was around 34 per cent, but turnout wasn’t up significantly from previous years.
Until the new government takes office, it’s difficult to gauge civil society’s reaction to the election results. There is indeed great concern about the growth of the far right, but if these were protest votes, to what extent can we deduce that voters are satisfied with the result? There is a desire for change, but we don’t know if the desired change will materialise.
When will a new government be formed, and what role might Chega play in it?
It’s not certain there will be a coalition government. Montenegro repeated several times during and after the campaign that he will not enter into a coalition with Chega, and for the PS it doesn’t pay to form a coalition with left-wing parties, as the number of right-wing MPs remains higher or the same. Chega has said on a number of occasions that it would never enter into a coalition, but we are talking about a party that says everything and its opposite, and after the elections it has been pushing for a coalition with AD and says it’s willing to govern together.
Chega’s role will depend more on how the other parties deal with its existence than on its own actions. The other parties have created a firewall around Chega, which has ended up strengthening its presence, and they have shown there’s no desire for this party to be part of a political solution. The PS is focused on being the leader of the opposition. Whether it succeeds in doing so and how effectively will determine the Portuguese political scene.
Would a government that includes the far right pose a real danger to fundamental rights and freedoms?
It depends on how it is included and with what intentions. If AD coalesced with Chega and adopted its ideological line, there would be a real risk.
It’s not desirable for there to be a reactionary force with racist, xenophobic, sexist and revanchist discourse in parliament, but there are ways to mitigate this. Portugal lived through 41 years of dictatorship and has been a democracy for 50 years. It is because of the nature of our past dictatorship experience that our constitution forbids fascist parties and recalls the overthrow of the fascist regime in its preamble.
Portuguese political history shows that there has been more progress in guaranteeing fundamental rights and freedoms with left-wing socialist governments in power than with right-wing social democratic governments.
When we consider the speeches and proposals of the far right, fundamental rights and freedoms are called into question. However, as a democratic country, there is room for a party like this to exist, just as there are many other parties in opposition that are fiercely in favour of extending these fundamental rights and freedoms. It is up to democracy to demonstrate that it defends these rights and freedoms.
Civic space in Portugal is rated ‘open’ by theCIVICUS Monitor.
Get in touch with Akto through itswebsite orFacebook page, and follow@Akto_org on Twitter.
-
President of the UN General Assembly’s Civil Society Town Hall
On 17 Novemner, Abdulla Shahid, President of the 76th session of the United Nations General Assembly shared his priorities and perspectives for the 76th Session and civil society engagement during the Civil Society Townhall Meeting (see event more information).
Mandeep Tiwana, Chief Programmes Officer at CIVICUS delivered the first key note address. Mandeep's recommendations on how to build back better after the COVID-19 pandemic below:
-
QATAR: ‘Labour reforms need to continue after the World Cup is over’
CIVICUS speaks aboutthe World Cup in Qatar with Vani Saraswathi, editor-at-large and director of projects at Migrant-Rights.org andthe author ofStories of Origin: The Invisible Lives of Migrants in the Gulf.Migrant-Rights.org is aGulf-basedcivil society organisation that works to advance the rights of migrant workers in Gulf countries. It documents migrant narratives and promotes local discussion and campaigns to bring changes in policies, practices and attitudes towards migrant workers.
What human rights violations have you documented in construction works for the 2022 Qatar World Cup?
The economy of Qatar is heavily dependent on migrant workers, who make up over 93 per cent of the labour market. The construction sector iseven moreheavily dependent on migrant labour, and due to the nature of the work exploitation and rights violations are much more visible than in other sectors. This also happens in the hospitality sector, domestic work and fishing and agriculture, but tends to be more hidden.
Since 2000, Qatar’s population has grown very fast, from 700,000 people in 1999 to 1.7 million in 2010 to close to three million now. The infrastructure and the services needed to host such a large population have not kept pace: people were being recruited quickly, but support systems were not built fast enough.
Rights violations have shifted over the years from poor accommodation to crowded accommodation to rampant wage theft. As the scale of construction operations grew, corporations resorted to subcontracting, with worker recruitment, safety and welfare left in the hands of subcontractors and no effective legal mechanism for oversight, which enabled corruption.
Unfortunately, the narrative on corruption around worker recruitment focuses on origin countries because for one of the richest countries in the world it is easier to blame poorer countries than take responsibility for the problem. The fact that many of the kickbacks are filling the pockets of procurement officers and businesspeople in destination countries is overlooked.
This is the environment in which abuse takes place. Workers are entering the country already in debt and often do not receive the salary they were promised.
Certain steps have been taken to fix this issue. The Qatar Visa Centre, for instance, takes care of the last mile of recruitment so workers sign their contract and undergo medical testing before they come. Fees are also being paid in Qatar. But the bulk of the exploitation happens on the job, when people are not paid what they were promised, or they are made to work overtime with no extra pay. This is not being properly addressed.
Migrant workers’main concern is to be able to send money home, and as long as they get theirmoney they are often willing to tolerate many abuses: social isolation, cultural exclusion, terrible living conditions and lack of access to justice. These issues are ongoing.
On other issues, such as workplace safety and heat stress, Qatar has been working on upping standards. There is still a lot to be done, but in the context of the Gulf, summer midday work bans and heat stress regulations are a big step forward. But it is not sufficient.
A pending issue is health deterioration. Most construction workers are recruited when they are in their early 20s and usually undergo stringent medical tests to ensure they are in best health. But their health deteriorates quickly post-arrival. Due to the inhospitable and unhygienic living and working conditions, they often develop various comorbidities including high blood glucose levels and hypertension. There are also several cases of unexplained deaths of previously healthy, young men, but their deaths are attributed to natural causes or cardiac arrests, and Qatar has failed to investigate the real causes. In contrast to those who have accidents, whose injuries are assessed and who may get a disability allowance or insurance, those developing severe health conditions receive no compensation. Instead, they suffer the consequences when their productivity diminishes, and the burden is passed on totheir familiesand origin countries.
Do you think recent labour reforms will have a positive effect?
One of the main reforms has been the removal of the requirement for foreign workers to apply for an exit permit to leave Qatar. The other Gulf countries, except for Saudi Arabia, had already done the same, allowing for some freedom of movement.
Another important change has been the removal of the requirement of a no objection certificate. This means that all workers, including domestic workers, are allowed to change jobs at any point in their labour contract. This measure triggered a lot ofpushback.
A new online system was set up that allowed people to search and apply for jobs. It initially went well, but employers started pushing back when they saw the prospects of an exodus and feared losing control of their workers. The Shura Council, the legislative body, also weighed in, following which Qatar introduced a new requirement: to go through the online process to change jobs, workers must submit a resignation letter stamped by their employer. This became a de facto no objection certificate. There are strong power dynamics at play. For instance, there have been cases of workers getting approval to change jobs after not having been paid for months, changing jobs and then having their authorisation withdrawn and made to go back.
A non-discriminatory minimum wage has also been introduced. Although pretty low, it is still a minimum wage. The basic monthly salary amounts to approximately US$275, or around US$500 if thecompany does notprovide accommodation and food. It is not much in a country with a per capita GDP of above US$60,000, and hence applies only to low-income migrants from Asia and Africa.
Additionally, across Gulf countries there is a system in place for all workers to be paid electronically. It’s aimed at preventing non-payment but has repeatedly failed to do so. The system should spot non-payment cases early on, rectify them and hold the employer accountable, but it does not. Non-payment cases typically arise when workers who haven’t been paid for several months file a complaint. Setting aside the problem of domestic workers, a persistent problem of non-payment results from smaller companies at the bottom of the supply chain being unable to pay if they are not paid on time by their client.
The government of Qatar also set up a work insurance fund to protect workers when employers fail to pay them. When a worker’s complaint is resolved by either a court or the dispute settlements committee, a mechanism that handles workers’complaints, the fund must pay. There are certain criteria to qualify and there is a cap on how much a worker can receive that is lower than what most of them are owed. Itdoesn’tmatch the scale of abuse that happens, but it’s still something.
Finally, management-worker joint committees have been allowed within companies. This was presented as either a step towards allowing unionisation, or a substitute for it. But the power dynamics are so skewed there is very little scope for collective bargaining, and they do not remotely resemble unions, even if the joint committees have elected representatives.
What role has civil society played in raising awareness of these and other rights violations?
A transnational advocacy network comprising mostly trade unions and international human rights organisations such as Amnesty International and Human Rights Watch was activated following Qatar’s designation as host of the 2022 World Cup.
The World Cup was a good entry point as it forced Qatar to allow for investigations. The network obtained access and produced reports. A lot of international journalists came in. This is something we must recognise, because other countries that held big events, such as theDubai Expo or the Formula One race in Bahrain,didn’t allow this kind of scrutiny.
But Qatar hasn’t always managed the attention well and sometimes got too defensive or complained that its efforts to open up and allow criticism were underappreciated. But while the government engaged with foreign or international trade unions speakingon behalf of Asian and African workers, it never allowed criticism to be voiced internally and never allowed those workers to organise. The same goes for civil society.
At the local level there are charitable institutions but there is not a rights-oriented civil society. The closest there is to this are organisations such as Migrant-Rights.org, working regionally. To nurture civilsociety, space would need to exist to speak about women’s rights, LGBTQI+ rights, citizenship rights and many other issues people are grappling with but cannot currently express. But the government knows this is a Pandora’s box. The most it will do is selectively open up some space for issues that are less threatening, such as the situation of migrants, as long as local activism around it remains suppressed.
The situation is different from what happens in Bahrain and Kuwait, where despite harsh oppression,there are still independent voices rising and fighting back. People are being jailed or forced into exile but there is still a civil society vibrancy thatdoesn’t exist in the open in Qatar. It is probably present behind closed doors and in smaller spaces. People are talking about these issues, but they are not speaking aloud. Qatar,however, recently held its first elections for the Shura Council, so things may be about to change.
Has there been any accountability for violations of workers’rights?
The problem in Qatar is that laws have been enforced and reforms have been implemented only in response to criticism. This time around, it was in response to the attention brought by international organisations under the spotlight of the World Cup. The problem with this kind of response is that it tends to stay on paper because it is not the result of dialogue with the key stakeholders, namely employers and workers, and an understanding of the system on the ground.
Enforcement is difficult because local employers are pushing back: they feel that workers’rights come at a cost that is being paid from their pockets. The government has made no attempt to talk to stakeholders on the ground, and it won’t be able to implement any reform without them. Qatar is a tiny country. We’re talkingabout a handful of extremely powerful families who are in business, in the security apparatus, in the Shura Council, everywhere. Some of their companies have a proven record of poor practices, including using short-term visas and not giving end-of-service payments, and they continue to be awarded new contracts over and over. They are not held to account.
What needs to be done so the rights of migrant workers in Qatar are not forgotten when the World Cup ends?
The World Cup is just one event and a starting point for limitless business ambitions. If you look at industry reports, it is clear that large-scale infrastructure projects are going to continue. I only hope that those who shone the spotlight on Qatardidn’t do it because of the sport, but because they really care about migrant workers. Because if that is the case, they should continue promoting reforms and monitoring their effective implementation after the World Cup is over.
Qatar needs to ensure workers get their wages and fair compensation and that nobody leaves the country in distress.Otherwise rights violations will continue to happen, and it’s not right. I hope the government at least realises that even when the World Cup is over, itdoesn’t need that kind of bad publicity.
Civic space in Qatar is rated‘repressed’by theCIVICUS Monitor.
Get in touch withMigrant-Rights.orgthrough itswebsite orFacebook page, and follow@MigrantRights and@vanish_forever on Twitter.
-
Re: Proposed International Cooperation Bill
Presidente de la República
S.E. Hugo Chávez Frías
Palacio de Miraflores, Caracas,
Venezuela
Fax:+58.212.806 3698
E-mail:Your Excellency,
Re: Proposed International Cooperation Bill
I write as the Secretary General of CIVICUS: World Alliance for Citizen Participation, an international alliance of civil society with members and partners in over a hundred countries. CIVICUS works to strengthen civil society and citizen action throughout the world.We at CIVICUS, our members and partners, are deeply concerned about your recent comments urging National Assembly members to adopt a "severe" law to effectively stop international funding for NGOs. We would like to emphasise that Civil Society Organisations (CSOs) play an extremely important role in national life. Their constructive criticism and quest for greater accountability in public life are important assets for the nation. We therefore urge your government to respect expressions of legitimate dissent and unequivocally uphold civil society's rights to express, associate and assemble freely.We would like to draw your attention to the International Cooperation Bill, currently being discussed by law makers. We believe that the bill has been drawn up without adequate consultation with civil society. Moreover, we are deeply apprehensive that that passage of the Bill in its current form will severely curtail civil society space in the following ways:
- Subjecting CSOs to additional layers of bureaucracy by requiring them to register with the government in order to receive funds from international sources could increase the possibility of subjective denial of registration to CSOs who have been critical of official actions.
- The creation of an official fund for International Cooperation and Assistance for the collection of monetary grants from overseas and their subsequent disbursement by the government is likely to impede international cooperation activities between Venezuelan CSOs and their counterparts abroad. Moreover, it will lead to government ownership and prioritisation of international cooperation funds rather than democratic ownership by CSOs and local communities.
- By increasing executive discretion to monitor CSO affairs through the creation of an Agency for International Cooperation, limits of whose powers and have not been clearly defined, raising apprehension of increased restrictions on CSO affairs.
We believe that the registration and funding requirements of the Bill, given their ambiguity, have the potential to breach the right to freedom of association embodied in the Venezuelan Constitution, the International Covenant on Civil and Political Rights and the American Convention on Human Rights and the UN Human Rights Defenders Declaration.
We urge you to use your executive powers and influence to carry out consultations with civil society with regard to the need for an international cooperation law as well as the principles that should underpin any regulatory mechanism for civil society.
Sincerely,
Ingrid Srinath
Secretary General
CIVICUS: World Alliance for Citizen Participation -
Reclaiming civic space: global challenges, local responses
By Danny Sriskandarajah and Mandeep Tiwana
From attacks on human rights defenders to limits on civil society’s work, we are facing an emergency on civic space. As evidence from the CIVICUS Monitor suggests, threats to civic freedoms are no longer just happening in fragile states and autocracies, but also in more mature democracies. While there has been growing attention on how to respond to this phenomenon, we believe there needs to be more attention on underlying drivers and on supporting local responses. Civic space can’t be “saved” from the outside.
Read on: Open Global Rights
-
Renewing democracy: proposals and ideas from civil society
By Mandeep Tiwana, CIVICUS Chief Programmes Officer
If we could reimagine the kind of democracy we live in and the way we experience democracy, what would it look and be like?
This was the question our global civil society alliance CIVICUS put to thought leaders and activists from nearly 80 countries across the globe, in a year-long Reimagining Democracy initiative. Our report entitled, Democracy for all: Beyond a crisis of imagination, draws from insights gleaned from almost 100 interviews, 54 essays and 26 ‘democracy dialogues’ from across the world to discuss the state of democracy.
Read on: Democracy without borders
