Latin America,

 

  • New data analysis shows that Latin American civil society has poor access to development resources

    CIVICUS, and the Colombian social impact startup, Innpactia, released the report, Access to Resources for Civil Society Organisations in Latin America: Facts and Challenges, which presents a challenging funding landscape for CSOs in Latin America. It reviews over 6,500 calls for proposals, for a total amount of almost US$5.9 billion, offered between 2014-2017 by 2,000 donors to individuals, CSOs, the private sector and other actors in the region.

    Read the report

     

  • ‘Chile has entirely privatised water, which means that theft is institutionalised’

     

    Following a year marked by massive mobilisation on the climate emergency, CIVICUS is interviewing civil society activists, leaders and experts about the main environmental challenges they face in their contexts and the actions they are taking. CIVICUS speaks with Rodrigo Mundaca, Agronomist and National Spokesperson of the Defence Movement for Access to Water, Land and Environmental Protection (MODATIMA), an organisation established in 2010 in the Chilean province of Petorca, in the Valparaíso region, to defend the rights of farmers, workers and local people. Since the 1990s, the region has been affected by the massive appropriation of water by agribusiness in collusion with the political establishment.

    Rodrigo Mundaca

    What is the main environmental issue in your context?

    The main problem is water. We live in a territory characterised mainly by the monoculture of avocado, the production of which requires huge amounts of water. Water is in the hands of large producers who have dried out our territory and compromised the lives of our communities. Ours is an extreme case: Chile has entirely privatised water, which means that theft is institutionalised. Chile has clearly prioritised extractive industries over the rights of communities to water.

    The privatisation of water sources in Chile dates back to the Pinochet dictatorship of 1973 to 1990. The 1980 Constitution enshrined the private ownership of water. This was maintained, and even deepened, following the democratic transition, since sanitation was also privatised. The privatisation process of sanitation began in 1998, under the administration led by Eduardo Frei Ruiz-Tagle, a Christian Democrat. Nowadays, people in Chile pay the highest rates in Latin America for drinking water, which is owned by large transnational corporations. Overall, the Suez group, Aguas de Barcelona, Marubeni and the Ontario teachers’ pension fund administrator from Canada control 90 per cent of the drinking water supply.

    Right now, President Sebastián Piñera's government is auctioning off rivers. Piñera came into government with a mission to underpin the legal certainty of water rights ownership, and his cabinet includes several ministers who own rights to water use, the most prominent of which is the Minister of Agriculture, Antonio Walker Prieto. This minister and his family own more than 29,000 litres per second, which is equivalent to the continuous water supply used by approximately 17 million people.

    Is it as simple as someone owning the rivers and being able to prevent others from using the water?

    Yes, the 1980 Chilean Constitution literally states that the rights of individuals over water, recognised or constituted in accordance with the law, grant their bearers ownership over it. In 1981, the Water Code established that water is a national good for public use but also an economic good. Water ownership was separated from land ownership, so that there are water owners who have no land and landowners who have no water. It is the state's prerogative to grant rights for water use. These rights fall into two categories: water rights for consumption use and water rights for non-consumptive use, for example for generating electricity. In the first category, 77 per cent of the rights are held by the agricultural and forestry sector, 13 per cent by the mining sector, seven per cent by the industrial sector and approximately three per cent by the health sector. As for the rights for the use of water that is not consumed, 81 per cent are in the hands of an Italian public-private company. The owners of exploitation rights can sell or lease water use in the marketplace.

    In 2018, the Piñera administration proposed a bill aimed at providing legal certainty to perpetuity to private owners of water and introducing water auctions. Currently, 38 rivers in Chile are being auctioned off; basically, what the state does is auction off the litres per second that run through a river. While this occurs in some territories where there is still water, areas accounting for 67 per cent of the Chilean population – some 12 million people – have become water emergency areas. Our region, Valparaíso, is a zone of water catastrophe due to drought. This is unheard of: while such a large population has serious difficulties in accessing drinking water, the state is auctioning off rivers.

    What kind of work do you do to promote the recognition of access to water as a right?

    For more than 15 years we have made visible the conflict over water in our territory. Although we originated in the Valparaíso region, from 2016 onwards our organisation has worked nationwide. We fight at the national level for water to be regulated as a common good. The right to water is a fundamental human right.

    Our original strategy was to kickstart the struggle for water, render the conflict visible and bring debate to parliament about the need to repeal private ownership of water, despite our lack of confidence in the political class that has the responsibility to make the law and watch over its implementation.

    In 2016 we took an important step by putting forward an international strategy that made it known throughout the world that in our province the human right to water was being violated in order to grow avocados. We were featured in a German TV report, ‘Avocado: Superfood and Environmental Killer’, in several articles in The Guardian describing how Chileans are running out of water and in an RT report in Spanish, ‘Chile’s Dry Tears’, among others. Last year Netflix dedicated an episode of its Rotten show to the avocado business and the violation of the human right to water in Chile. We have had a positive reception. In 2019 alone, we received two international awards: the International Human Rights Prize awarded by the city of Nuremberg, Germany, in September, and the Danielle Mitterrand Prize, awarded by the France Libertés Foundation, in November.

    Another thing we do is develop activists and leaders. We have long-term training programmes and do ongoing work to develop theoretical and political thinking. We also mobilise. In the context of the widespread protests that started in Chile on 18 October 2019, we have made our demands heard. Clearly, although at the national level the main demands concern the restitution of workers’ pension funds and improvements in education and health, in some regions further north and further south of the capital, the most important demand concerns the recovery of water as a common good and a human right.

    In addition to mobilising, our work on the ground involves more radical actions such as roadblocks and occupations. Among direct actions carried out on the ground are the seizure of wells and the destruction of drains. Some local grassroots organisations seize wells owned by mining companies, resist as long as they can – sometimes for 60 or 70 days – and divert the water to their communities. In places where rivers no longer carry water, groundwater has been captured through drains, works of engineering that capture, channel and carry all groundwater away. Some communities destroy the drains that transport water for use by agribusiness such as forestry companies. Such actions of resistance have increased since the start of the social protests in October 2019.

    The struggle for water is a radical one because it erodes the foundations of inequality. The origin of the major Chilean fortunes is the appropriation of common goods, basically water and land. President Piñera's fortune is no exception.

    Have you faced reprisals because of your activism?

    Yes, because of our strategy to give visibility to the conflict over water, several of our activists have been threatened with death. That is why in 2017 Amnesty International conducted a worldwide campaign that collected more than 50,000 signatures to demand protection for us.

    Between 2012 and 2014, I was summoned 24 times by four different courts because I denounced a public official who had been Minister of the Interior under the first administration of President Michelle Bachelet (2006 to 2010). As well as being a leading Christian Democratic Party official, this person was a business owner who diverted water toward his properties to grow avocado and citrus. I reported this in 2012, during an interview with CNN, and that cost me 24 court appearances over two years. I was finally sentenced, first to five years in jail, which were then reduced to 540 days and then to 61, and finally our lawyers managed to put me on probation. I had to show up and sign on the first five days of each month. We also had to pay a fine.

    We have been attacked and threatened with death many times. In November 2019, an investigation published on a news site revealed that we were being targeted by police intelligence surveillance. However, in response to an amparo appeal – a petition for basic rights – against the police, in February 2020 the Supreme Court issued a ruling that the surveillance to which we are subjected does not violate our constitutional rights. This is Chile in all of its filthy injustice.

    Government behaviour has always been the same, regardless of the political colour of the incumbent government. All governments have reached agreements to keep the private water model because it is business, and one that is highly profitable for the political class. When they leave their positions in government, former public officials go on to occupy positions in the boards of the companies that appropriate the water.

    Did you join the global climate mobilisations of 2019?

    In Chile we have been mobilising since long before. In 2013 we had our first national march for the recovery of water and land, and from then on we have mobilised every year on 22 April, Earth Day. We also demonstrate to commemorate World Water Day on 22 March. We have been on the move for a long time. Chile is going through a social, environmental and humanity crisis. We face the need to safeguard human rights that are essential for the fulfilment of other rights. The human right to water is a basic precondition for people to be able to access all other rights.

    We have also been mobilised for a long time to denounce that Chile's development model is extremely polluting and deeply predatory. We have privatised marine resources: seven families own all of Chile’s marine resources. Our country has five areas of sacrifice, that is, areas that concentrate a large number of polluting industries. These are in Colonel, Huasco, Mussels, Quintero and Tocopilla. The areas of sacrifice are not only an environmental problem but also a social problem; they discriminate against the poorest and most vulnerable communities. They are overflowing with coal-fired thermoelectric plants and, in some cases, with copper smelters. The are 28 thermoelectric plants: 15 of these are US companies, eight are French, three are Italian and two are owned by domestic capital. The population in these areas has endured the emission of toxic gases and heavy metals for decades. We have been mobilising in these areas for years in defence of common natural assets.

    Have you engaged in international forums on the environment and climate change?

    Yes, I have been involved several times. In 2014, before I was convicted, I went to Paris, France by invitation of several European civil society organisations to attend a forum on human rights defenders, where I spoke about the private water and land model. In 2018 I was invited to a global meeting of human rights defenders at risk, held in Dublin, Ireland. That same year I was also invited to a regional meeting of human rights defenders that took place in Lima, Peru.

    We have also been involved in intergovernmental forums such as the Conference of the Parties (COP) of the United Nations Framework Convention on Climate Change. In 2019, Chile was going to host the COP 25, and the global mobilisation for climate throughout the year had a tremendous echo in Chile. Obviously neither the Asia-Pacific Economic Cooperation Forum, planned for November, nor COP 25, scheduled for early December, could be held in Chile, because the government was completely overwhelmed by the popular mobilisation that began in late October, and because it responded to this with systematic human rights violations.

    Several of our members were at COP 25 in Madrid, Spain, and were able to speak with the Spanish judge Baltasar Garzón and with some officials of the Inter-American Court of Human Rights. Shortly after this meeting we had a meeting in Chile with Baltasar Garzón, the judge who prosecuted former dictator Pinochet and had him arrested in the UK. Garzón was very impressed with the water model and the stories our activists told him. Also recently we met with the delegation of the Inter-American Commission on Human Rights (IACHR) during their visit to Chile. We met with Soledad García Muñoz, the IACHR Special Rapporteur on Economic, Social, Cultural and Environmental Rights, and presented an overview of the Chilean situation and what it means to live deprived of water.

    Do you think that forums such as the COP offer space for civil society to speak up and exercise influence?

    I have a critical opinion of the COP. I think that in general it is a fair of vanities attended by many presidents, and many ministers of environment and agriculture, to promise the world what they cannot fulfil in their own countries. The main greenhouse gas emitting countries have leaders who either deny climate change, or are talking the talk about climate change but don’t seem to have the intention to make any change in their country’s predatory economic behaviour. The countries that are most responsible for climate change and global warming are currently the main detractors of the COP.

    However, the summits do offer a space for civil society, from where it is possible to challenge the powerful, speak up about the climate injustice that affects the entire planet and promote the construction of a new development model that is viable and economically competitive while also socially fairer and ecologically healthier. But for that we need new paradigms: we cannot continue to think that there are unlimited development prospects on a planet that has finite natural resources.

    Civic space in Chile is classified as ‘narrowed’ by theCIVICUS Monitor.

    Get in touch with MODATIMA through theirwebsite andFacebook page, or follow@Modatima_cl on Twitter.

     

  • ‘El gobierno argentino envió un mensaje intimidatorio en relación con la participación de la sociedad civil; esta reducción del espacio cívico en las discusiones globales debe ser monitoreada’

    English

    CIVICUS conversa con Gastón Chillier, Director Ejecutivo del Centro de Estudios Legales y Sociales (CELS), una organización de derechos humanos de Argentina. El CELS fue fundado en 1979, durante la dictadura militar, para promover los derechos humanos, la justicia y la inclusión social. En sus primeros años, el CELS luchó por la verdad y la justicia ante los crímenes del terrorismo de estado. A fines de la década de 1980 amplió su agenda para incluir las violaciones de derechos humanos cometidas bajo la democracia, sus causas estructurales y su relación con la desigualdad social. CELS promueve su agenda a través de investigaciones, campañas, alianzas con otros actores de la sociedad civil, incidencia y políticas públicas y litigio estratégico en foros nacionales e internacionales.

    1. Cuéntenos acerca de la decisión del gobierno argentino de revocar la acreditación de varias organizaciones de la sociedad civil para la Conferencia Ministerial de la Organización Mundial de Comercio (OMC) en Buenos Aires.

    Sesenta y cinco personas de todo el mundo cuyas organizaciones habían sido acreditadas para participar en la Conferencia Ministerial de la OMC, que se celebró en Buenos Aires del 10 al 13 de diciembre de 2017, recibieron correos electrónicos de la OMC que indicaban que las autoridades de seguridad de Argentina, el país anfitrión, había rechazado sus acreditaciones “por razones sin especificar”. Algunas de estas personas decidieron de todos modos viajar a Argentina para participar en otras actividades. Muchas de ellas fueron retenidas durante horas en el Aeropuerto Internacional de Ezeiza antes de que se les permitiera ingresar al país. A dos personas - Petter Titland, un activista noruego de ATTAC (Asociación por la Tasación de las Transacciones Financieras y de Ayuda a los Ciudadanos), y la periodista británico-ecuatoriana Sally Burch, quien participaría en la Conferencia Ministerial en calidad de experta en regulación de internet – les fue denegado el ingreso y fueron posteriormente deportadas.

    El Ministerio de Relaciones Exteriores inicialmente emitió un comunicado de prensa explicando que las acreditaciones habían sido rechazadas porque estas personas o sus organizaciones “habían hecho explícitos llamamientos a manifestaciones de violencia a través de las redes sociales, expresando su vocación de generar esquemas de intimidación y caos”. Resultó evidente que el gobierno había estado recopilando información de inteligencia, muy posiblemente sobre la base de la afiliación organizativa o la opinión política de las personas, lo cual está expresamente prohibido por la legislación argentina.

    2. ¿Qué hizo la sociedad civil para que el gobierno de Argentina revocara su decisión?
    Las organizaciones de la sociedad civil (OSC) de Argentina, y el CELS en particular, trabajaron para defender el derecho de los activistas puestos en la lista negra a la participación y la libertad de circulación, de modo de garantizar su ingreso a Argentina. Recopilamos y compartimos información tanto a nivel local como con sus organizaciones en sus países de origen. También alertamos a los funcionarios de las embajadas y en la justicia cuando las personas estaban siendo retenidas en el aeropuerto. Por último, tomamos medidas legales y administrativas.
    Más específicamente, el CELS presentó peticiones de hábeas data, una solicitud de información pública y un habeas corpus colectivo, a la vez que se ocupó de los casos individuales de Titland y Burch, y brindó asesoramiento y apoyo a algunas de las otras personas directamente afectadas. Además, ayudamos a hacer correr la voz entre los periodistas, a través de las redes sociales y mediante entrevistas de prensa y comunicados en los medios.
    Mediante estas peticiones legales y administrativas, solicitamos que el gobierno especificara las restricciones de seguridad establecidas para participar en el evento de la OMC y explicara los vínculos existentes entre esa evaluación y la prohibición o restricción del ingreso de activistas individuales al país.
    En una audiencia judicial sobre el habeas corpus colectivo que presentamos en nombre de los activistas de la sociedad civil que habían sido retenidos al llegar al país, el gobierno presentó una lista con los nombres de las 65 personas cuyas acreditaciones habían sido rechazadas, pero insistió en que esto no les impedía la entrada en Argentina y que no tenía ninguna relación con las deportaciones de Titland y Burch. Reconocieron, sin embargo, que el Ministerio de Relaciones Exteriores había enviado esta lista a la Dirección Nacional de Migraciones, en calidad de “alerta”. Tanto Titland como Burch figuraban en esa lista.
    En respuesta a nuestras otras peticiones, el Ministerio de Relaciones Exteriores afirmó que no podía proporcionar detalles sobre qué información se había recabado sobre esas 65 personas o cómo había sido obtenida, y remitió nuestras consultas al Ministerio de Seguridad y la Agencia Federal de Inteligencia. Todavía seguimos esperando sus respuestas.
    Gracias a la presión legal, diplomática y mediática de la sociedad civil, el gobierno argentino se vio obligado a retroceder en algunos casos. Después de que Titland y Burch fueron deportados, a nadie más se le prohibió ingresar al país. Además, el 10 de diciembre el gobierno argentino anunció que un puñado de personas que figuraban en la lista estaban siendo acreditadas nuevamente. Entre ellas se encontraba Titland, quien finalmente regresó a Argentina y participó en la conferencia.
    Sin embargo, muchas otras personas y OSC siguieron sin ser acreditadas, incluidas la organización chilena Derechos Digitales, la fundación argentina Grupo Efecto Positivo y la organización británica Global Justice Now. Algunos activistas cuyos nombres figuraban en la lista nos dijeron que se habían abstenido de viajar a la Argentina por miedo, y a otros les habían rechazado las solicitudes de visa. Algunos han manifestado temor de que estos rechazos y alertas queden registrados en su historial migratorio.

    3.¿Qué impacto tendrá la decisión del gobierno argentino sobre la legitimidad de las conversaciones de la OMC y, en términos más generales, sobre las perspectivas de participación de la sociedad civil en futuros debates globales?

    La decisión del gobierno argentino de rechazar la acreditación de activistas sobre la base de información de inteligencia que puede que haya sido recabada ilegalmente, retenerlos en el aeropuerto y, en los dos casos más notorios, deportarlos a terceros países, causó tensión con la propia OMC y con otros países, en particular Noruega. Daría la impresión de que el gobierno argentino intentó reducir la participación de la sociedad civil en esta conferencia ministerial. Independientemente de los resultados de la reunión, esto sin duda tendrá impacto sobre la legitimidad de las conversaciones.

    Esta fue la primera vez en que hubo un rechazo de activistas en semejante escala, y sienta un precedente muy negativo para la participación de la sociedad civil. Las acciones del gobierno argentino han enviado un mensaje intimidatorio que pone en cuestión el compromiso del país con la participación de la sociedad civil. Esta reducción del espacio cívico en las discusiones globales es una nueva dimensión que debe ser monitoreada. Y debería hacer sonar la alarma para que la sociedad civil global se asegure de que otros gobiernos no conviertan este precedente en una práctica de rutina.

     

    4. ¿Cómo describiría el ambiente para la sociedad civil en Argentina? ¿Qué debería cambiar para que el espacio cívico mejore en el país?

    Aunque Argentina está lejos de presentar el peor escenario en la región, el ambiente para la sociedad civil se está deteriorando. El gobierno actual ordenó la represión de protestas sociales y promovió o toleró la criminalización de los manifestantes y de algunos prominentes líderes sociales. También ha mostrado desdén por la participación de la sociedad civil, por ejemplo al nombrar por decreto a jueces de la Corte Suprema -y por lo tanto pasar por alto todas las instancias de participación pública en el proceso- y llevar adelante un intento de designación relámpago de un candidato a ocupar la vacante Defensoría del Pueblo, ignorando nuevamente a la sociedad civil en el proceso. En ambos casos, los reclamos públicos forzaron al gobierno a retroceder.

    Además, el CELS y otras organizaciones de derechos humanos nacionales e internacionales que desempeñaron un rol en el caso de Santiago Maldonado, un joven que desapareció durante la represión ilegal de una protesta de una comunidad indígena y fue encontrado ahogado casi tres meses después, fueron demonizados por algunos funcionarios nacionales.

    Para que el espacio cívico en Argentina mejore, el gobierno debe proporcionar garantías para el ejercicio efectivo del derecho a la protesta, asegurando que las fuerzas de seguridad utilicen la fuerza responsablemente y dentro de la ley. También debe dar prioridad a los canales políticos para alcanzar soluciones concertadas a los conflictos y demandas sociales, y debe respetar y promover una variedad de mecanismos para la participación de la sociedad civil en procesos políticos clave.

    • El espacio cívico en Argentina es clasificado como ‘estrecho’ por el CIVICUS Monitor.
    • Contáctese con el CELS a través de su página web o su perfil de Facebook, o siga @CELS_Argentina y a @gchillier en Twitter

     

     

     

  • ‘Tenemos que reconstruir con un enfoque de derechos humanos, es decir reactivando comunidades, y no solamente edificando casas’

    English

    Los dos terremotos que afectaron a México en septiembre de 2017 dejaron cientos de muertos y miles de heridos, y la sociedad civil respondió rápidamente. Además de tener impactos inmediatos, los terremotos expusieron graves deficiencias de gobernanza. CIVICUS habla con dos personas de Fundar: Centro de Análisis e Investigación - Eduardo Alcalá, Coordinador de Planeación, Seguimiento y Evaluación, y Sarahí Salvatierra, investigadora del Programa de Rendición de Cuentas y Combate a la Corrupción. Fundar es una organización de la sociedad civil mexicana, plural e independiente, que promueve una democracia sustantiva y la transformación de las relaciones de poder entre gobierno y sociedad. Realiza labores de incidencia a través de la producción y diseminación de conocimiento especializado, la reflexión crítica y propositiva y la experimentación y vinculación con actores civiles, sociales y gubernamentales.

    1. ¿Piensan que la respuesta del gobierno mexicano ante los sismos de septiembre de 2017 fue adecuada y suficiente?

    El 7 de septiembre de 2017 un sismo de 8.2 grados afectó gravemente a la población de Chiapas y Oaxaca. Poco después, el 19 de septiembre, otro sismo de 7.1 grados causó graves daños, principalmente en la Ciudad de México y en los estados de Guerrero, México, Morelos, Puebla, Tlaxcala y Veracruz. Los sismos pusieron en evidencia la existencia de diversas falencias que el gobierno mexicano debe atender de manera urgente en materia de prevención y respuesta a los efectos de desastres naturales.

    Desde nuestra perspectiva, la respuesta oficial ante estos hechos debe contemplar los siguientes elementos. En primer lugar, debe incluir la provisión de información accesible, clara, precisa y de calidad. Esto es determinante para la atención inmediata, es decir para el adecuado rescate de sobrevivientes, su cuidado y la recuperación de su patrimonio; para la reconstrucción de sus viviendas y de la infraestructura de sus localidades; para la provisión de condiciones de vida adecuadas a sus necesidades tras el desastre, y eventualmente para reparar daños y garantizar otros derechos.En este sentido, está claro que las plataformas y los sistemas oficiales de información y de comunicación deben ser actualizados con urgencia para ofrecer datos completos que permitan conocer de manera inmediata la magnitud de los daños, el tipo de asistencia de emergencia enviada a las poblaciones afectadas y, sobre todo, las estrategias planificadas y el origen y el destino de los recursos públicos con que el gobierno responderá a la catástrofe en el corto, el mediano y el largo plazo. En el caso de los sismos recientes, las respuestas del gobierno a las necesidades de información no cumplieron con estos estándares mínimos de transparencia ante desastres naturales.

    Segundo, la respuesta oficial debe asimilar el hecho de que, en la fase de emergencia, la participación ciudadana encarada desde la solidaridad y la voluntad de las personas se organiza y coordina de manera natural y virtuosa. En ese sentido, las acciones para atender la fase de emergencia que desarrollaron las comunidades en México evidentemente superaron en tiempo y forma a las estrategias oficiales. Las redes sociales habilitaron una respuesta social mucho más ágil y efectiva que los procesos burocráticos. El involucramiento del gobierno a través de la marina, el ejército y los operadores públicos, si bien contribuyó a ordenar algunos aspectos durante esta fase, en ciertos momentos generó confusión e impuso medidas no necesariamente acordes a los protocolos internacionales en materia de rescate y salvaguarda de las vidas de las personas.

    Tercero, la respuesta gubernamental debe incluir la participación ciudadana en la toma de decisiones para la reconstrucción. Las estrategias e intervenciones deben ser diseñadas e implementadas de acuerdo con los más altos estándares de derechos humanos. La participación no solo empodera a las comunidades sino que también garantiza una mayor congruencia entre las políticas resultantes y las prioridades de las comunidades. En este sentido, apremia que el gobierno mexicano habilite, promueva e implemente mecanismos efectivos de participación ciudadana para la formulación de planes de reconstrucción y, más en general, que fortalezca en forma permanente el diálogo con la ciudadanía.

    Cuarto, la respuesta del gobierno debe ir acompañada de mecanismos adecuados de rendición de cuentas, basados en plataformas y sistemas eficaces de información, para que sea posible hacer un monitoreo en tiempo real tanto del avance físico como del aspecto financiero de los planes de reconstrucción. Asimismo, el gobierno debe estar dispuesto a reorientar sus acciones y ajustar la inversión en función de las necesidades más apremiantes desde una visión estratégica a corto, mediano y largo plazo. En este punto, el gobierno mexicano debería introducir mejoras sustantivas en el diseño, la implementación y la operación de mecanismos de rendición de cuentas y control ciudadano. La ciudadanía debería poder monitorear los procesos de reconstrucción en todas sus dimensiones, tanto físicas como financieras y en lo que respecta al desembolso tanto de recursos públicos como de recursos procedentes de donaciones privadas. Actualmente el marco normativo es poco robusto en este sentido y tiene lagunas procedimentales que complican la adecuada fiscalización.

    2. ¿Qué rol desempeñó en este contexto la sociedad civil?

    La sociedad civil ha estado desde hace años activa en todos estos temas. En primer lugar, diversas organizaciones han puesto en el centro del debate público la necesidad de una mejor planeación urbana y de vivienda, así como de un diseño integral en materia de protección civil y prevención y atención a riesgos. En segundo lugar, ante la ocurrencia de desastres - sismos, sequías, huracanes, inundaciones - la sociedad civil ha contribuido mediante la provisión de información y la puesta en marcha de mecanismos participativos para atender necesidades puntuales de las comunidades afectadas. Tercero, a través de diversas plataformas cívicas e iniciativas ciudadanas, desde la sociedad civil nos hemos involucrado en distintos frentes para, sobre la base de nuestra experticia,mejorar los procesos en las fases posteriores a una catástrofe.

    De modo que, aunque el voluntariado fuera una de las caras más visibles de la sociedad civil en los momentos inmediatamente posteriores al desastre, nuestra presencia lo excede con creces. La sociedad civil ha impulsado el análisis y la discusión de enfoques que reconceptualizan la noción de bienestar de las personas afectadas por un desastre natural. Tenemos claro que “reconstruir por reconstruir” no sirve; tenemos que reconstruir con un enfoque de derechos humanos. Esto implica no solamente edificar casas sino también reactivar comunidades, impulsar un desarrollo acorde a las necesidades de cada población, priorizar los requerimientos de los grupos en situación de mayor vulnerabilidad y, en suma, asegurar mejores condiciones de vida para prepararnos para futuros eventos similares.

    Es resumen, tenemos conocimientos especializados y experiencia de sobra, y el gobierno debería reconocerlo mediante la promoción de un diálogo fluido y la adopción de compromisos concretos con la sociedad civil. Sin embargo, todo esto requiere de una gran voluntad política y administrativa, y difícilmente ocurra a menos que nosotros elevemos nuestras exigencias. En sentido estricto, lograr que el gobierno adecue sus mecanismos a las oportunidades de mejora y a nuestras observaciones y recomendaciones es el principal reto que tenemos enfrente. Como todo proceso de incidencia en pos de transformaciones estructurales, no será fácil. Será un esfuerzo permanente y de largo plazo, y en ningún momento podrá perder de vista los principios y las prácticas de información, participación y rendición de cuentas. Pero solo en la medida en que hagamos nuestra labor de vigilancia lograremos mejorar los procesos democráticos y asegurar mayores niveles de bienestar humano para la ciudadanía.

    3. ¿Acaso los sismos pusieron en evidencia otros problemas subyacentes de larga data? ¿Ha abierto la emergencia alguna ventana de oportunidad para la resolución de esos problemas?

    Los sismos confirmaron la existencia de fallas estructurales e instruccionales, así como la necesidad de fortalecer los controles y la rendición de cuentas en materia de ejecución de recursos y procesos de contratación por adjudicación y licitación. El mapa de las comunidades más afectadas dejó en evidencia que ellas enfrentaban fuertes precariedades y desigualdades desde mucho antes de los sismos. De igual modo, se observa que las mujeres son las principales víctimas de los desastres, al mismo tiempo que las tareas de asistencia inmediata tras el sismo otorgaron a las mujeres un protagonismo sin precedentes. De modo que esta es una oportunidad ideal para atacar esos problemas, vulnerabilidades y desigualdades desde la raíz. El gobierno mexicano no debe perder la oportunidad que tiene enfrente. Por un lado, debe mejorar la conceptualización y el diseño del marco normativo y procedimental, a partir de principios y estándares de derechos humanos. Por otro lado, debe transformar las prácticas institucionales mediante las cuales implementa sus acciones y gasta los recursos públicos. En ese sentido, los sismos también abrieron una ventana de oportunidad (que todavía debe ser aprovechada por el gobierno) para poner en marcha una estrategia de colaboración con la sociedad civil.

    La toma de decisiones en esa dirección contribuiría a resolver no solamente el tema inmediato de la respuesta a emergencias sino también otras problemáticas que cruzan profundamente a la agenda pública: la falta de transparencia y rendición de cuentas, la desigualdad, la corrupción, las violaciones de derechos humanos y la impunidad.

    4. ¿Han surgido iniciativas novedosas de la sociedad civil en el contexto del desastre?

    Han surgido varias iniciativas novedosas. Una de ellas es la plataforma #Epicentro, integrada por organizaciones de la sociedad civil, de la academia y del sector empresarial, así como por voluntarios. Con el lema “Reconstrucción social con integridad”, #Epicentro surgió a partir de un núcleo de diez organizaciones, que en pocos días se convirtieron en 30 y en las últimas semanas se multiplicaron hasta superar las 100. Fundar forma parte de esta iniciativa, que busca promover la participación ciudadana en las distintas fases de la reconstrucción, exigiendo del gobierno mexicano los más altos estándares de transparencia y rendición de cuentas. La atención a la reconstrucción es clave porque ésta insumirá mucho más tiempo y recursos que la propia situación de emergencia: actualmente se calcula que llevará tres años y costará unos 30 mil millones de pesos, buena parte procedente del sector privado. Y por supuesto que en un período tan largo la atención mediática declina, y dados los montos involucrados, el descuido puede tener enormes costos. En este caso, además, el período de reconstrucción se superpondrá con el próximo proceso electoral que se desarrollará en 2018, y es preciso minimizar el riesgo de que se haga un uso político y clientelar de los recursos destinados a la reconstrucción.

    La coalición #Epicentro se articula en tres nodos temáticos. El primero está a cargo de hacer un seguimiento minucioso para vigilar que los recursos para la reconstrucción se gasten correctamente y lleguen a quienes realmente los necesitan. El segundo se ocupa de monitorear que la reconstrucción se lleve a cabo siguiendo las mejores prácticas, los aprendizajes de otras experiencias y los estándares de derechos humanos. El tercero se centra en el tema de las reparaciones del daño causado a las víctimas de casos de corrupción y la sanción de los responsables. En ese sentido, es necesario investigar porqué murieron personas cuando se derrumbaron construcciones que tenían permisos que probablemente nunca deberían haber sido otorgados.

    En suma, #Epicentro representa un compromiso y una apuesta ciudadana de largo aliento. El formato de la plataforma, diseñada por jóvenes especialistas en tecnologías cívicas, es novedoso en el marco de la experiencia mexicana de construcción de redes, alianzas a iniciativas para el monitoreo ciudadano, no solamente por la cantidad de organizaciones y voluntarios involucrados o por su diversidad y complementariedad temática y técnica, sino también por el grado de coordinación logrado en torno de un fin común.

    5. ¿Ha recibido México suficientes expresiones de solidaridad y apoyo financiero de la comunidad internacional? ¿De qué modo adicional podrían los actores externos apoyar la reconstrucción?

    Tras los sismos la solidaridad de la comunidad internacional se hizo sentir. El apoyo abarcó desde ayuda humanitaria en especie y asistencia técnica para el rescate hasta un gran caudal de aporte financiero procedente de donativos de diversos actores de la comunidad internacional, tanto públicos como privados.

    El portal “Transparencia Presupuestaria” ofrece información oficial acerca de los donativos que el gobierno mexicano ha recibido de distintos países y organizaciones internacionales, entre las cuales se cuenta el Equipo de las Naciones Unidas para la Coordinación y la Evaluación en Casos de Desastre (UNDAC). Sin embargo, la publicación de la información no alcanza para asegurar que los recursos atiendan las necesidades de las poblaciones afectadas por los desastres naturales.

    La multiplicidad de fuentes de recursos internacionales incrementa la necesidad de instrumentos eficientes para su administración, garantías de transparencia en su ejecución y mecanismos de participación ciudadana en la toma de decisiones y en la vigilancia sobre el destino de los recursos. Expresados como mera cantidad, los montos de los recursos financieros no dicen demasiado: en lo inmediato, claro que es importante que esos fondos no acaben en el bolsillo equivocado. Pero en el largo plazo, lo que realmente importa es que esos recursos se materialicen en estrategias y acciones concretas que aseguren una reconstrucción encarada con un enfoque de derechos. En ese sentido, sería importante que los donantes de los recursos expresaran interés en el destino de los fondos y en el impacto que ellos van teniendo en el logro de los fines para los cuales fueron dispuestos.

    • El espacio cívico en México es clasificado por el CIVICUS Monitor en la categoría ‘represivo’, indicativa de la existencia de serias restricciones sobre las libertades de asociación, reunión pacífica y expresión.
    • Visite la página web o el perfil de Facebook de FUNDAR, o siga en Twitter a @FundarMexico.

     

     

     

  • ‘Threats to women’s and LGBTI rights are threats to democracy; any retrogression is unacceptable’

    Recent years have seen an apparently growing tendency for anti-rights groups to seek to claim the space for civil society, including at the intergovernmental level. CIVICUS speaks about it with Gillian Kane,asenior policy advisor for Ipas, a global women’s reproductive health and rights organisation.Founded in 1973, Ipas is dedicated to ending preventable deaths and disabilities from unsafe abortion. Through local, national and international partnerships, Ipas works to ensure that women can obtain safe, respectful and comprehensive abortion care, including counselling and contraception to prevent future unintended pregnancies.

    1. Do you observe any progress on sexual and reproductive rights in the Americas? What are the main challenges looking ahead?

    Ipas has robust programmes in Latin America, and we have definitely seen progress on legislation that increases women’s and girls’ access to safe and legal abortions, including in Argentina, Bolivia, Chile, Colombia, Uruguay and Mexico City. Still, according to the Guttmacher Institute, a research and policy organisation, more than 97 per cent of women of childbearing age in the region live in countries where abortion is restricted or completely banned. A woman who lives in restrictive settings and wants an abortion will have to do so under illegal conditions and at great risk to not just her health, but also her security. Women who have abortions are vulnerable to harassment, intimidation, arrest, prosecution and even jail time.

    We also see that restrictive abortion laws are damaging the provider-patient confidentiality relationship. A study by Ipas and the Georgetown Law School’s O’Neill Institute found that an alarming number of medical staff across Latin America are reporting women and girls to the police for having abortions. Many countries now require, protect or encourage medical providers to breach their confidentiality duties when they treat women seeking post-abortion care.

    1. Are we facing a democratic regression at the global level? Do you think women are being targeted?

    We are indeed facing a democratic regression, and I do think women are being targeted, both which are incredibly alarming. With the United States leading, we’re seeing the rapid degradation of the political and legal infrastructure that is designed to promote and protect the interests of citizens. For example, you see this in attacks against the Istanbul Convention, which is intended combat violence against women. You would think this would be uncontroversial. Yet, there are right-wing groups like the Alliance Defending Freedom (ADF) objecting to the Convention, claiming that it takes away parental rights and that it promotes gender as social construct, and not as a binary biological truth, as they see it. This is also happening in international spaces. This year at the United Nations’ Commission on the Status of Women, the US State Departmentappointed two extremists to represent it. One was an executive leader of a known LGBTI-hate group, and the other was from an organisation that has advocated for the repeal of legislation that prevents violence against women. And at the country level, for example in Brazil, conservative leaders are downgrading the power of ministries that promote equal rights for women and black communities.

    But it’s not all doom and gloom. Women are responding forcefully. Poland provides an amazing example of women organising and effecting change. In late 2016 thousands of women and men crowded the major cities of Warsaw and Gdansk to join the ‘Black Monday’ march, to protest against a proposed law banning abortions. The full ban wasn’t enacted, which was a huge victory. And of course, the women’s marches and the #MeToo movement are incredible, and global.

    1. Not many people in Latin America have ever heard of the Alliance Defending Freedom. How is this organisation surreptitiously changing the political conversation in the region?

    ADF is a legal organisation. It was founded in 1994 by a group of white, male, hard-right conservative evangelical Christians. It was designed to be the conservative counterpoint to the American Civil Liberties Union (ACLU), which they saw as out to squash their religious liberties. They are huge, and have a global reach, which they say is dedicated to transforming the legal system through Christian witness. To that end they litigate and legislate on issues linked to the freedoms of expression and religion.

    I wouldn’t say that their actions are surreptitious; they’re not deliberately trying to fly under the radar. They are intervening in spaces that don’t necessarily get a lot of news coverage, such as the Organization of American States (OAS). But in recent years they have definitely increased their activism both at the regional and country level in Latin America. In terms of the conversation, what they are doing is reframing rights issues to use religion as a sword, rather than a shield. Right now they are litigating, in the United States Supreme Court, the case of a baker who refused to make a wedding cake for a gay couple. As my colleague Cole Parke has explained, they are corrupting religious freedom. They are claiming it is legal to discriminate against a gay couple because of religious beliefs: that religion trumps all other rights. They are doing the same with conscientious objection: they have supported a midwife in Sweden who has refused to provide abortion as required by law. The list goes on.

    1. What strategies have anti-rights groups used, and what accounts for their success in international forums?

    As I have explained in a recent op-ed, in international forums these groups express concern for the wellbeing of children, who they claim are being indoctrinated by permissive governments in the immoral principles of ‘gender ideology’. Of course there is no such thing as a gender ideology, and much less governments forcing children to learn inappropriate material. The wellbeing of children is being used as a cover to disable efforts to enforce rights and protections for girls, women and LGBTI people.

    The 2013 General Assembly of the OAS, held in Guatemala, witnessed the first coordinated movement agitating against reproductive and LGBTI rights. This was, not coincidentally, also the year when the OAS approved the Inter-American Convention against all forms of discrimination and intolerance, which included protections for LGBTI people.

    At the 2014 OAS General Assembly in Paraguay, these groups advanced further and instead of only being reactive, began proposing human rights resolutions in an attempt to create new policies that they claimed were rights-based, but were in fact an attempt to take rights away from specific groups. For instance, they proposed a ‘family policy’ that would protect life from conception, in order to prevent access to abortion.

    From then on, their profile increased with each subsequent assembly, in the same measure that their civility declined. At the 2016 General Assembly in the Dominican Republic, they even harassed and intimidated trans women attending the event as they entered women’s restrooms. As a result, the annual assembly of the OAS, the regional body responsible for promoting and protecting human rights and democracy in the western hemisphere, turned into a vulgar display of transphobic hate.

    1. Should progressive civil society be concerned with the advances made by these groups in global and regional forums? What should we be doing about it?

    Progressive civil society should definitely be concerned. Constant vigilance is needed. There are many ways to respond, but being informed, sharing information and building coalitions is key. I would also recommend that progressive movements think broadly about their issues. Consider how groups like ADF have managed to attack several rights, including abortion, LGBTI and youth rights, using one frame, religion. We need to be equally broad, but anchored, I would argue, in secularism, science and human rights. We started the conversation talking about democracy, and this is where we should end. We need to show how threats to specific rights for women and LGBTI people are threats to democracy. Any retrogression is unacceptable.

    Get in touch with Ipas through theirwebsite or theirFacebook page, or follow @IpasLatina and @IpasOrg on Twitter.

     

  • 85 CSOs concerned as Cuba is granted a new seat on UN Human Rights Council

    In response to Cuba’s election to a fifth term on the Human Rights Council, 85 Cuban and international human rights and freedom-of-expression organizations, in conjunction with independent media outlets, released the following statement: 

    We are deeply concerned about the decision to grant Cuba a new opportunity to have a seat on the Human Rights Council. This not only rewards Cuba’s poor human rights record, but it also undermines the integrity of the Council to hold abusive governments accountable for their actions in the region and across the globe.

    Nations with the honor of being part of the Council must be committed to international human rights law. The members of the Council should ensure that Cuba does not avoid responsibility for its own conduct or use its seat to weaken international human rights norms. As organizations dedicated to the protection and advancement of human rights, we will be vigilant, monitoring Cuba’s actions within the Council, certifying that human rights and fundamental freedoms are being respected and protected.  

    Background 

    On October 13, 2020, at the UN General Assembly, the international community granted a new seat on the Human Rights Council to Cuba. Since its founding in 2006, Cuba has already held one of the eight Human Rights Council seats distributed to Latin America and the Caribbean for four mandates. In Cuba’s 12 years on the Council, the country has only supported 66 of the 205 resolutions passed in response to serious human rights violations around the world.

    In all three cycles of the Universal Periodic Review (UPR), Cuba has received severe warnings about violations of freedom of association and expression, political persecution, arbitrary detentions, prohibitions on free domestic and international travel, absence of judicial independence, censorship, control of the internet, and the scarcity of media plurality. In July 2020, these violations even played out publicly at the Human Rights Council, with the Cuban representative and his allies censoring Cuban human rights defender Ariel Ruiz Urquiola through constant interruptions, as he discussed the crimes done to him and his sister by the Cuban government.

    At the global level, Cuba has not ratified the International Covenant on Civil and Political Rights, the International Covenant on Economic, Social, and Cultural Rights, or the Optional Protocol to the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment. Furthermore, the Cuban government has not provided an invitation to the UN Special Rapporteur on the situation of human rights defenders, and the International Committee of the Red Cross (ICRC), which visits those imprisoned for crimes of a political nature, has been unsuccessful in accessing the island since 1989. Cuba is also the only country in the Americas that Amnesty International has been unable to visit since 1990.  

    In Freedom House’s Freedom in the World 2020 report, Cuba obtained a score of 14 points out of a possible 100 with respect to civil and political liberties, the lowest in Latin America. In 2019, International IDEA’s The Global State of Democracy 2019 report stated that Cuba ranked within the world’s bottom 25 percent for civil society participation, and is the only country in the region that has not taken significant steps towards a democratic transition in the last four decades. Classified as an authoritarian regime and ranked 143rd out of the 167 countries and territories featured in the Economist Intelligence Unit’s Democracy Index 2019, Cuba has also earned multiple low rankings by a number of human rights and freedom-of-expression organizations. For example, in its most recent report, Human Rights Watch (HRW) highlighted the Cuban government’s continued repression and punishment of dissent and public criticism through beatings, public denigration, travel restrictions, and arbitrary firings.

    In 2019, The Special Rapporteur for the Freedom of Expression of the Inter-American Commission on Human Rights (IACHR) concluded that “the grave neglect of elements essential to the freedom of expression, representative democracy and its institutions persists” in Cuba. Likewise, in its 2020 report on the human rights situation in Cuba, the IACHR identified a common pattern in the use of arbitrary detention as a method of harassment employed by the police and state security agents. According to organizations including Prisoners Defenders and Observatorio Cubano de Derechos Humanos, there are anywhere from 125 to 138 political prisoners in Cuba as of October 2020.

    The country continues to be, year after year, ranked among the worst in Latin America for press freedom, and is ranked 171st out of the 180 countries analyzed in Reporters Without Borders’ (RSF) 2020 World Press Freedom index. The Committee to Protect Journalists (CPJ) includes Cuba on a list of 10 countries with the greatest level of censorship on the planet.

    Signatories:

    1. 14yMedio
    2. AC Consorcio, Desarrollo, Justicia
    3. ADNCuba
    4. Alas Tensas
    5. Alianza Democrática Oriental
    6. Alianza Regional por la Libre Expresión e Información
    7. Árbol Invertido
    8. Artículo 19 Oficina para México y Centroamérica
    9. Asociación Cubana de Pequeños Emprendedores (ACPE)
    10. Asociación Cubana para la Divulgación del Islam
    11. Asociación Pro Libertad de Prensa (APLP)
    12. Asociación Sindical Independiente de Cuba (ASIC)
    13. CADAL
    14. Centro Cubano de Derechos Humanos
    15. Centro de Justicia y Paz - Cepaz 
    16. Christian Solidarity Worldwide (CSW)
    17. CIVICUS
    18. Civil Rights Defenders
    19. Club de Escritores y Artistas de Cuba
    20. Colegio de Pedagogos Independientes de Cuba (CPIC)
    21. Comité Cubano Pro Derechos Humanos (CCPDH)
    22. Comité de Ciudadanos por la Integración Racial 
    23. Comunidad Judía Sefardita Bnei Anusim de Cuba
    24. Confederación Obrera Nacional Independiente de Cuba
    25. Corriente Agramontista (agrupación de abogados independientes cubanos)
    26. CubaLex
    27. CubaNet 
    28. Cultura Democrática
    29. Delibera Organización
    30. Demo Amlat 
    31. Demóngeles
    32. Diario de Cuba
    33. Editorial Hypermedia
    34. Espacio Público (Venezuela)
    35. Federación de Estudiantes de Derecho de Venezuela 
    36. Federación Venezolana de Estudiantes de Ciencias Políticas
    37. Foro Penal 
    38. Forum 2000 Foundation
    39. Freedom House
    40. Frente Democrático Estudiantil 
    41. Fundación Ciudadanía y Desarrollo (Ecuador).
    42. Fundación Nacional de Estudios Jurídico, Políticos y Sociales  
    43. Hearts on Venezuela
    44. Instar
    45. Instituto Cubano por la Libertad de Expresión y Prensa (ICLEP)
    46. Instituto La Rosa Blanca
    47. Instituto Patmos
    48. Instituto Político para la Libertad (IPL)
    49. Inventario
    50. Justicia, Encuentro y Perdón 
    51. Juventud Activa Cuba Unida
    52. La Hora de Cuba
    53. Libertad Cuba Lab
    54. Mesa de Diálogo de la Juventud Cubana (MDJC)
    55. Ministerio Internacional Apostólico y Profético “Viento Recio”
    56. Ministerio Mujer a Mujer
    57. Movimiento para la Libertad de Expresión (MOLE) 
    58. Movimiento San Isidro
    59. Museo de la Disidencia en Cuba 
    60. Observatorio Cubano de Derechos Humanos
    61. Observatorio de Libertad Académica (OLA)  
    62. OtroLunes - Revista Hispanoamericana de Cultura
    63. Outreach Aid to the Americas, Inc. (OAA)
    64. Palabra Abierta
    65. PEN America
    66. PEN Argentina
    67. PEN Club de Escritores Cubanos en el Exilio
    68. PEN Internacional
    69. PEN Nicaragua
    70. People in Need (PIN)
    71. People in Need Slovakia
    72. Prisoners Defenders
    73. Programa Cuba 
    74. Programa Venezolano de Educación Acción en Derechos Humanos (Provea)
    75. Puente a la Vista 
    76. Red Apostólica Internacional Fuego y Dinámica RAIFD
    77. Red de Cultura Inclusiva
    78. Red Defensora de la Mujer (REDAMU)
    79. Red Femenina de Cuba 
    80. Red Latinoamericana y del Caribe por la Democracia (REDLAD)
    81. Robert F. Kennedy Human Rights
    82. Solidaridad de Trabajadores Cubanos (STC)
    83. Tremenda Nota
    84. Un Mundo Sin Mordaza
    85. Yucabyte

     

  • Advocating for women’s sexual and reproductive rights in Peru, a risky fight against powerful enemies

    Spanish

    CIVICUS speaks to María Ysabel Cedano, Director of DEMUS –Study for the Defense of Women’s Rights, a Peruvian feminist organisation that since 1987 defends human rights, and particularly women’s sexual and reproductive rights, by promoting their free exercise and questioning the hegemonic cultural paradigm on women and their sexuality. DEMUS carries out public opinion campaigns and advocacy work with the three branches of government; it conducts strategic litigation and promotes mobilisation on issues related to the promotion of equality and non-discrimination, a life free from gender-based violence, access to justice, and sexual and reproductive rights.

    1. How would you describe the context for the exercise of feminist activism in Peru?
    Generally speaking, conditions for activism greatly depend on the ideology, programme and nature of the organisation and movement in question - on its stance regarding the state and the incumbent government, and on its relationship with political forces and the powers that be.

    Due to our agenda, we feminists are antagonists of Fujimorism, the political movement founded by Alberto Fujimori, who ruled Peru between 1990 and 2000. Our organisation has criticised and opposed them since the 1990s, as we have fought for justice and reparations for the thousands of victims of the Fujimori administration’s policy of systematic forced sterilisation. Its victims were mostly peasant, indigenous and poor women who underwent irreversible surgical contraception without being able to give their free and informed consent, in a context of widespread violence.

    On this issue, in 2003 we reached a Friendly Settlement Agreement (FSA) in the Mamérita Mestanza case. As a result, the Peruvian state acknowledged its responsibility for human rights violations in the context of the forced sterilisation policy and committed to providing justice and reparation to victims. We also obtained favourable statements by the Inter-American Commission on Human Rights that have boosted our work to defend the right to access justice and to promote a policy of integral reparations. That made us a target of Fujimorist attacks, in the form of defamation in the national media as well as in social media. We have in fact sued former congressman Alejandro Aguinaga, under investigation in the preliminary examination of forced sterilisations as a crime against humanity and other serious violations of human rights, which the Public Ministry opened in 2004 in compliance with the already mentioned FSA. The case still remains in its preliminary stages due to political interference, which we have publically denounced. For more than fourteen years, the Public Ministry has failed to accuse former President Fujimori and his former Health Ministers, including Aguinaga, and no prosecution has taken place. In the meantime, Fujimorism has not undergone any renovation whatsoever: it still does not believe in human rights and cannot fathom the right of women to decide on their own. In fact they all remain very convinced that it is the state that has to decide for them.

    The other antagonists we have as a result of our feminist agenda are the Catholic and Evangelical ecclesial hierarchies, as well as other conservative and fundamentalist religious groups such as Opus Dei, Sodalitium and Bethel. These are the leaders of an anti- sexual and reproductive rights agenda and seek to legislate and implement public policies to strengthen the institutions that guarantee their political, economic, social and cultural dominance, thereby ignoring the secular character of the state that the authorities in turn fail to enforce. For decades they have run a strong campaign against what they call “gender ideology”, not just in Peru but throughout Latin America and the Caribbean, and beyond. These are multimillion-dollar campaigns that maintain that “gender ideology” attacks life, marriage and family. The funding they poured into the fear campaign against the peace accords in Colombia is a good example of this. They have also promoted a campaign called "Don't mess with my children" in several countries in the region.

    While these actors have questioned the scientific and legal validity of the gender perspective, the concept of gender has been adopted in the Beijing Platform for Action (1995) and in standards such as CEDAW, the Rome Statute of the International Criminal Court and the Convention of Belém do Pará. In Peru it was included into several laws, public policies and institutions, as a result of which conservative sectors are currently trying, for instance, to eliminate the gender perspective from the school curriculum, including all allusions to sexual orientation and gender identity. They have done so by means of both street actions and lawsuits. These however have not yielded the desired results: the overwhelming response from the Ministry of Justice’s Attorney General even covered them in ridicule. As a result, they had no alternative left other than using their power in Congress, where there are currently two bills that have been submitted by Fujimorism towards that aim.

    Lastly, in addition to harassing us through their press, as they have always done, these sectors now also attack us for our funding sources. They say we are the instruments of great powers seeking to impose Western models of family and sexuality in our country.

    Thanks to a journalistic investigation that then became a criminal investigation, we currently know of child sexual abuse perpetrated by members of the Sodalitium, one of the most conservative and powerful groups within the Catholic Church. The scandal contributed to weakening the attacks coming from the ecclesial hierarchy. We are also beginning to know about the unholy business the Church does with education, health and even cemeteries within the framework of the Concordat between the Peruvian state and the Vatican. The very same priests who have spent years fighting us on the decriminalisation of abortion for rape cases, and who have said the worst things about us because they consider themselves to be the “defenders of life”, have allegedly covered for rapists of children and adolescents in their congregations and communities. This has helped people overcome their fear of denouncing the Catholic Church’s hypocrisy and double standards, and has limited the church’s ability to demand the government implement specific policies. For instance, the government has recently obeyed a court order to resume the distribution of emergency oral contraception despite pressures from Cardinal Cipriani.

    Given that our struggles for transitional justice have led us to seek justice and integral reparations for the victims of sexual violence during the internal armed conflict (1980-2000), we face not only Fujimorism but also APRA, a traditional party that ruled during a part of this period. They both seek to divide Peruvians between terrorists and non-terrorists and associate the left and human rights with terrorism. They never get tired of asserting that those who attack the military are terrorists - or ungrateful to say the least, for persecuting those who freed us from terrorism. If we strive for the legalisation of abortion we are abortionists, and if we defend human rights we are terrorists.

    2. How does DEMUS work to overcome these obstacles?
    We combine organisational and mobilisation strategies to strengthen the feminist and women’s diversity movement, public and political advocacy for legislation, public policies and access to justice measures, and strategic litigation. Among the latter were for instance the Manta y Vilca trial on rape during the internal armed conflict, which established that this was a crime against humanity; the case of forced sterilisations during the Fujimori administration; and other cases that have allowed us to move forward in terms of the recognition and guarantee of the human right to therapeutic abortion, among other sexual and reproductive rights.

    Ours is not just a lawyers’ struggle: we work in multidisciplinary teams and in alliances and within networks including other feminist, women’s, LGBTIQ and human rights NGOs, groups and platforms. Experience has taught us that it is not enough to obtain jurisprudence, standards, laws and public policies if there are no social movements and citizens defending them, that is, if there is no social base accompanying and empathising with the victims. Strategic litigation, legal defence and psycho-legal and therapeutic help are therefore always to be accompanied with mobilisation and campaigning.

    3. Is the Peruvian women’s movement integrated into regional or global networks, so as to face an adversary that is?
    There are indeed very important global and regional networks. In Latin America, the level of articulation reached by indigenous, peasant and environmental women human rights defenders is astonishing in contrast with the weakening of some feminist networks. New technologies have revolutionised communications, and we now have various alternative means to organise ourselves in networks.

    We must think about how to strengthen our thematic networks, for instance in the field of sexual and reproductive rights, in order to resist together. This is facilitated by a number of conceptual convergences, but complicated by the scarcity of resources reaching Latin America, competition around which affects alliances and articulations. Neoliberalism has also had an impact on inter-subjective relations: conflicts and rivalries arise due to scarce funding. It is impossible to understand the degree of difficulties we face without analysing the changes in and the new rules of international cooperation and funding mechanisms.
    On the other hand, we must not forget that Peru’s is a post-conflict society, with open wounds and an abundance of distrust, which has not yet learned to resolve differences without violence. We need to be aware of these limitations, so as not to reproduce what we criticise. But we are certainly still very strong: with much greater organisation and resources than we have, Catholics and evangelicals have not yet managed to create enough pressure in the streets and on public opinion to remove sex education from the school curriculum. Their only hope is now placed on authoritarian conservative forces in Congress.

    4. What progress or setbacks do you perceive in the struggle for women’s rights in Peru?
    Taking stock of the forty years of contemporary feminism in Peru, there has been net progress in terms of the legal-institutional framework. Advances have been the result of constant struggle and permanent dispute, and are neither ideal nor stable: they need to be continuously defended and perfected.

    For instance, in late 2015 a substantial amendment to Law No. 26260 (1993) on domestic violence was finally passed. The new legislation, Law No. 30394, is a law against gender-based violence. Shortly after, in July 2016, the Third National Plan against Gender Violence (2016-2021) was passed. In both cases there was a dispute over the diversity of the women to be protected. There was much resistance against the possibility that legislation would also protect lesbian, bisexual and transgender women. In fact, recognition of the variety of forms that gender violence can take was not as resisted as the extension and recognition of the objects of protection. The women’s movement succeeded in getting some previously unacknowledged forms of gender violence recognised as such, including gender-based violence in the context of social conflicts. We wanted the new law to protect women human rights defenders of land, the environment, and natural resources, that is, indigenous and peasant women who are currently criminalised and on whom conflicts have a differential impact on the basis of gender. This we achieved. We had also proposed that the violation of sexual and reproductive rights be recognised as gender violence. And while we achieved recognition of forced sterilisation, rape in the context of internal armed conflict, violence due to sexual orientation, and obstetric violence as forms of gender-based violence, such recognition was not expressed in the language of sexual and reproductive rights. In additional, sexual orientation-based violence was recognised but gender identity-based violence was not.

    Fifteen years after the First National Plan was launched, and more than twenty after the first law against then-called “domestic” or “intra-family” violence was passed, tension between women’s rights and family protection persists. Although Law No. 30364 has in many respects aligned legislation with the Belém do Pará Convention, violence based on gender identity discrimination has not yet been recognised. Public debate continues to focus on nature as a determinant of sexuality, reproduction and family.

    Why is it that feminists and LGBT people perceive “family protection” as contrary to our rights? First, because not all families are protected. Family rights of the LGBT population are not recognised. Secondly, because why protect the existing family – a traditional, hierarchical, violent family based on sexual division of labour and the exclusive recognition of heterosexual sexuality? A family organisation free of discrimination and gender-based violence should be promoted instead. In other words, measures should be taken to dismantle the patriarchal family, which functions as the very first place of normalisation and control, particularly for women and LGBT persons. The family has become a space in which physical, psychological and sexual violence remain unpunished: in fact, Peru has the second highest rate of denunciation of sexual offences against girls and adolescents in the region, and these are in many cases perpetrated by family members. Finally, a person’s (and in this case a woman’s) rights can never be subordinated, conditioned or reduced to a by-product of family welfare, in the same way as the rights of an actual person cannot be subordinated to the rights of being yet to be born.

    In sum, in historical perspective there has been progress in the recognition and guarantee of rights, but these have been the product of constant struggle. We face strong resistance, and if we had not permanently defended our conquests, we would certainly have seen them retreat long ago.

    5. In this context, how has DEMUS’ agenda changed since its beginnings in 1987?
    DEMUS is an organisation well known for its work for the right to a life free of gender-based violence. We specialise in prevention, care, denunciation, therapeutic and psycho-legal accompaniment, litigation, advocacy with legislative, policymaking and justice administration bodies, and campaigning and mobilisation on gender-based violence. For instance, we developed the “Not one more death” campaign, which placed femicide on the public agenda, and the “A man doesn't rape” campaign, which contributed to call attention on the problem of sexual violence, impunity and the culture of rape.

    In the beginning we had to dispute about the very concept of what was then called “intra-family violence”, which we designated as “violence against women” and today we call “gender-based violence”. We saw violence against women as a problem of power inequality, sexual discrimination and impunity, so we advocated for equality and access to justice. However, as years passed and the first laws and policies on the issue were passed, we realised that we were not obtaining the results we expected.

    The fight against violence against women had gained consensus as part of the state agenda and had occupied a space in the institutional structure of the state (commissions, ministries, etc.), and even ultraconservatives had begun to accept equal opportunities between men and women (which was enshrined in Law No. 28983 of 2007) all the while resisting the recognition of other sexual orientations and gender identities. So we began a conceptual revision and concluded that if we wanted to combat gender-based violence, our central strategic battle had to revolve around women’s autonomy and self-determination in the field of sexuality and reproduction, the recognition of and the provision of guarantees for sexual and reproductive rights understood as fundamental human rights, and access to justice in cases where these were violated. The perspective of sexual and reproductive rights came to enrich the equality and non-discrimination approach in addressing the problems of gender-based violence and impunity.

    Thus, although the defence of LGBT rights and the legalisation of abortion were already in DEMUS’ agenda, they have since become more central to it. And our strategies became richer in the process, because besides strategic litigation and therapeutic and psycho-legal accompaniment we started to focus as well on organisation and mobilisation, public advocacy and communication. We have used the whole toolbox in our search for justice and reparations for the victims of forced sterilisations, and also in our campaigns for emergency oral contraception and the legalisation of abortion (first of all for reasons of rape, foetal malformations incompatible with extra-uterine life, and unconsented artificial insemination and egg transfers, and eventually on the basis of women’s dignity and right to decide).

    Most recently, in our work to defend victims of sexual violence and impunity, we have learned from the indigenous and peasant women defenders of land and water that women human rights defenders are being differently affected by the extractivist economy due to their gender, and are being specifically criminalised by corporations such as the Yanacocha mining company and by the state itself. In their struggle to defend lakes and resist mining projects such as Conga, women are having a hard time, since gender-based violence is being used against them. In the actions of the police and the Armed Forces we are currently seeing a criminalisation of social protest, threats and violations of women’s rights echoing those that took place during armed conflict. In order to avoid the repetition of serious violations of human rights and crimes against humanity, we are using the new legislation, which now enables it, to denounce Yanacocha and make it clear that there is gender-based violence behind situations of harassment like that suffered by women human rights defenders such as Máxima Acuña.

    The other agenda that we increasingly adopted as central is the defence against discrimination based on sexual orientation and gender identity, in order to achieve recognition of and guarantees for the right to gender identity and lesbians’ right to maternity. We choose the issues we fight for on the basis of several criteria. One of them is that of revolutionising whatever the system resists the most, so that if we win, we will not only have obtained a law, public policy or jurisprudence, but we will also have conquered people’s common sense. And what the system most resists today is transgender identity and the right of LGBT persons to love and family. The system condemns us to civil death, poverty, marginalisation, murder, harassment and rape.

    6. In Peru, there have recently been major mobilisations with the motto #NiUnaMenos. How was the issue placed on the public agenda in such a way that mobilisation turned out to be so massive? What roles did regional networks play in the process?

    The marches in Argentina, Mexico and other countries inspired many of us: we wanted to do something similarly massive in our own country. But mobilisation did not occur in Peru as a response to a regional call, or as a result of prior coordination within a regional network.

    A year prior to this mobilisation there was a high profile case in Peru, in which a woman was savagely attacked in a hotel in Ayacucho, dragged by the hair and almost raped and murdered. The episode had been recorded on video, and everyone followed the case in the media and expected the attacker to be convicted. The ruling came out a few months before the demonstration, and it acquitted the accused. It denied that an attempted rape and femicide had taken place, and it even ruled that the injuries on the victim had been minor. This generated a social phenomenon of indignation that spread throughout the national territory and in social media. Women who were in the ideological and social antipodes from one another agreed that something had to be done, and feminists started talking about a mobilisation meant to make it clear that “if they touch one of us, they are touching us all”. The #NiUnaMenos (#NotOneLess) slogan was adopted out of the belief that the time had finally come and that this would be a mobilisation of a magnitude similar to those that had taken place in other countries.

    In Peru, the idea persists that if you do not obtain justice it is because you cannot prove what has happened to you. You only have your word and that is not enough for justice administrators. Now, if even in a case where there is a video like that, the aggressor is eventually absolved, what kind of security and justice is left for the rest of us? This created an unprecedented feeling of helplessness. Fear quickly turned into indignation, and this in turn into mobilisation. I was invited to join a Facebook chat a few hours after the video was made public. There were ten of us to start with, and a little while later we were over sixty, and the next day we were meeting at a comrade’s place. Within a few hours, the closed group formed in Facebook went from a few women testifying to the various forms of violence in their daily lives to 20 thousand, 40 thousand women reporting on their own stories of violence: at home, in the streets, at work, in school. Terrible stories, and everybody was telling them and keeping each other company.

    Thus, in Peru citizens went out into the streets to reject impunity and defend the right to justice. People began to wonder why violence against women persists despite all the laws and policies to combat it. The media started talking about patriarchy and machismo as its causes. There was some recognition of the importance of the feminist struggle, at least in that particular context. Much of the leadership and organisational work towards mobilisation was done by various organised and unorganised female citizens, leaders of feminist groups in neighbourhoods, universities, trade unions, NGOs. Women of a wide diversity of movements, colours, desires, education, professions and talents, in alliance and dialogue with the survivors whose emblematic cases united diverse sectors of society. Conservative sectors have still not managed to obtain similar success in defence of their agenda.

    7. Did the mobilisation have any positive effect in terms of public policy?
    The mobilisation resulted in some concrete measures, although these were too narrowly focused and involved little public investment. A Circle of Protection program was created, thereby extending attention to 24/7 in five out of over 200 Emergency Women’s Centres (EWC). Coverage of the emergency line Línea 600 was extended to all days of the week. This contributed to an increase in addressed complaints. Also, cases of femicide and rape were subsequently included into the rewards programme to stop offenders.

    Additionally, there were announcements regarding the expansion of temporary shelters, the provision of gender training to justice operators, and in particular to the National Police, and the creation of at least 50 new EWCs in various police stations across the country. The Public Ministry adapted its guidelines to Law No. 30364 and announced the creation of prosecution offices specialised in femicide. The Judiciary established a National Gender Commission.

    Nonetheless, femicidal violence persists as a savage daily occurrence; there is in fact a patriarchal and male chauvinist counteroffensive underway. They continue to kill us and rape us, and the femicide and rape culture keeps blaming us for it. And the measures adopted by the state in defence of the gender approach and gender equality fall short: they are basically reactions and responses to public pressure. We women do the reporting and monitoring job that the state should be doing. The state and the government always give in when it comes to the sexual and reproductive rights of women and LGBTIQ people. Which makes it clear that unless it becomes feminist, public policy will yield no results. If public policy priorities do not change, women will continue to die.

    The most important changes have occurred in the realms of common sense. #NiUnaMenos has shown that there is widespread rejection of violence against women, and that women have become empowered to talk about sexual violence in the same way that we first learned to talk about partner and domestic violence. There is no longer shame in having been a victim: it is clear that the other party is the one at fault. Women now know that there are things that are not right, and that if they happen to them it is not their fault, or God’s will, or the work of nature: it is a violation of rights and a matter of justice, and those responsible have to be punished.

    Civic space in Peru is rated as ‘obstructed’ in the CIVICUS Monitor.
    Get in touch with DEMUS through their website, visit their Facebook page, or follow ‪@DEMUS_f‬ and ‪@MYCfeminista‬ on Twitter.‬‬‬‬

    Image ©Peru21

     

  • ANTI-RIGHTS GROUPS: ‘Their true objective is to eliminate all government policies related to gender’

    Diana CariboniAs part of our 2019thematic report, we are interviewing civil society activists, leaders and experts about their experiences of backlash from anti-rights groups and their strategies to strengthen progressive narratives and civil society responses. CIVICUS speaks to Diana Cariboni, an Argentine journalist and writer based in Uruguay, winner of the 2018 National Written Press Award and author of several pieces of investigative journalism on anti-rights groups in Latin America. 

     

    Would you tell us about your experience at the Ibero-American Congress for Life and Family?

    In 2018 I covered the conference of this regional group – actually an Ibero-American one, since it has members throughout Latin America and also in Spain. It is a large group that seeks to become a movement. It is one of many, because there are several others, which also overlap, since members of the Ibero-American Congress are also part of other movements, interact with each other within these movements and serve on the boards of various organisations.

    I started investigating this group because it was going to meet here in Punta del Este, Uruguay, in late 2018, and its arrival was preceded by some incidents that caught my attention. The most important actors that I managed to identify within this movement were, in the first place, a huge number of representatives of evangelical churches and, within evangelism, of neo-Pentecostalism, although there were Baptist churches and non-Pentecostal evangelical churches as well.

    In addition to these churches, the Don’t Mess with My Kids platform was also represented. This network emerged in Peru in 2016 and includes a series of evangelical Christian personalities. Some of them are church preachers and some are also political actors; for example, there are a large number of representatives with seats in the Peruvian Congress. In fact, legislators make up an important segment of the Ibero-American Congress. In many countries, there are congresspeople who are church pastors or members of religious congregations: that is the case in Argentina, Bolivia, Brazil, Colombia, Costa Rica, Guatemala, Paraguay, Peru and Uruguay. These people are trying to coordinate a regional legislative movement. The Ibero-American Congress has been active in the legislative arena and has coordinated and issued statements on certain issues for some time now.

    Mexico is an important focus because the founder of the Ibero-American Congress, Aaron Lara Sánchez, is Mexican. The movement has established communications media such as Evangélico Digital, which is part of a group of digital media that originated in Spain. It has also created or seeks to create some sort of think tank, because they want to coat all of it with a scientific varnish, so doctors, lawyers and biology and genetics experts take part in their conferences. They all promote the religious perspective that a family can only be made up of a man and a woman, that only two sexes, male and female, exist, and that the human person emerges at the time of conception; hence their opposition to abortion. They are putting together a pseudo-scientific discourse to substantiate these arguments despite the fact that scientific research indicates otherwise. Their objective is to put forward a discourse that is not viewed as belonging to the Middle Ages; that is why they seek some convergence with the common sense of the 21st century and speak of science and the secular state, even if only as a very superficial varnish. On the other hand, the Don’t Mess with My Kids discourse fits well with prevailing common sense, because it contains a very strong appeal to families and tells parents that they have the right to decide what education their children receive in school.

    Would you characterise these groups as anti-rights?

    Indeed, because their true objective is to eliminate all government policies related to gender. In fact, I interviewed the founder of the Don’t Mess with My Kids platform, Cristian Rosas, who told me: “We started with sex education because it was what mobilised people the most, because it refers to their children, but what we really want is to eliminate gender, the word ‘gender’, altogether, in Peru and all over the world.” The thing is, behind that word, gender, is the crucial issue of the recognition of identities and the search for equality: women’s struggles to end discrimination and subordination, and the struggles of LGBTQI communities to enjoy the same rights and guarantees accorded to the rest of the population. They say that these struggles are unnecessary because our constitutions already state that we are all equal before the law, so why establish special laws or statutes for LGBTQI people? What they are overlooking is that LGBTQI people, and particularly people such as trans individuals, cannot effectively access those rights or even the conditions for a dignified existence. They insist on ignoring this, and instead argue that what LGBTQI people are striving for is for the state to fund their lifestyles.

    Uruguay offers a recent example of an anti-rights policy promoted by these sectors. Three Uruguayan members of the Ibero-American Congress for Life and Family – an alternate Catholic legislator of the National Party, an evangelical neo-Pentecostal representative, also of the National Party, and the leader of the biggest evangelical church in Uruguay, which is also neo-Pentecostal – carried forward a campaign to repeal the Integral Law for Trans People. The signature collection campaign was announced during the congress in Punta del Este that I attended.

    Who were the participants in that conference? From your description, it sounds more a reunion of movement leaders than a mass meeting.

    It was not the parishioners at large who gathered on this occasion, but rather pastors, preachers, politicians, opinion leaders and influencers seeking to take advantage of the language and codes used by a large section of the population, and especially by young people, to communicate. But still, it was a meeting of about 400 people.

    This event was closed; the press was not allowed in. So I signed up as a participant, paid the US$150 registration fee and went in without letting the organisers know that I was covering the event as a journalist. In addition to paying the fee, I had to remain in Punta del Este for three days, stay in a hotel and be in the company of these people all day long. At times it became a bit suffocating because the way they carry out their activities is not the same as in a regular congress or conference, where you listen to panel presentations, take notes and sit in an auditorium next to other people who are doing more or less the same things. In this case, every session, including panels, integrated religious prayers – evangelical-style. This is nothing like Catholic mass, which is highly choreographed, and where the priest takes the lead, everyone knows more or less what he is going to say and parishioners respond with certain phrases at pre-established times, sit, stand and little else. The evangelical experience is very different: people talk, scream, raise their arms, move, touch. The pastor gives them instructions, but still, it is all way more participatory. I found it difficult to remain unnoticed, but I made it through.

    I also managed to get a good record of what was happening, which was not really allowed. There was a lot of surveillance and I would have been thrown out had I been noticed. They realised close to the end: at the last minute they decided to organise a press conference and there was practically no media other than their own. I didn't know whether I should attend, but in the end I decided to, because I had already attended all the sessions after all. There was also a journalist from the weekly Búsqueda who attended the press conference. I was allowed to conduct interviews and was told that I could only publish anything related to the press conference, but not anything I had heard during the congress. Of course, there was nothing they could do to stop me from publishing anything, and my article ‘Gender is the new demon’ (‘El género es el nuevo demonio’) was published in Noticias shortly thereafter.

    Being there helped me understand a few things. There are certainly very powerful religious and political interests behind anti-rights campaigns. But there are also genuine religious expressions, different approaches to life: some ultraconservative sectors genuinely reject 21st century life. What I observed during this congress is the extreme estrangement that some people experience regarding our contemporary world, a reality that can hardly be reversed, but that they experience as completely alien to them: the reality of equal marriage, diverse interpersonal and sexual relationships, sexual education, pleasure and drugs, free choice and abortion. We need to recognise this: there are segments of our societies that do not feel part of this 21st century world and thus react to these advances, which they interpret as degradation and corruption.

    These groups have a nationalist discourse identifying nation-states and peoples as subject to foreign dictates that are considered to be evil – and are even seen as messages from the devil. Evil is embodied in a series of institutions that they describe as imperialistic: the United Nations, the Organization of American States, the inter-American human rights system, international financial organisations, the World Health Organization.

    Isn't it strange for these groups to appeal to nationalism when they organise themselves in transnational networks and are active in the international arena?

    Within the framework of this cultural battle that is being fought at the international level, what these groups do not see is that they themselves are actors in the international arena, even if only to weaken the scope of international law. They aim at the bodies that oversee treaties and conventions, such as the American Convention on Human Rights or the Convention on the Elimination of All Forms of Discrimination against Women. They say that these are just expert committees whose recommendations do not need to be taken into account by states when they contravene domestic laws.

    A recent discussion about this arose around the opinion issued by the Inter-American Court of Human Rights in response to a consultation from Costa Rica regarding gender identity and equal marriage. Costa Rica asked the Court if it was obliged under the American Convention on Human Rights to recognise the gender identity of individuals and the economic rights of same-sex couples. In response, the Inter-American Court told Costa Rica, and therefore the entire continent, that these rights are protected by the Convention. A very strong discussion ensued, because for anti-rights groups this was a case of an international body acting above states, constitutions and national laws.

    You mentioned that many politicians from different countries participated in the Ibero-American Congress. Do you think that these groups want to rule and are they getting ready to get to power? If so, what is their strategy to achieve it?

    Above all, I do believe that they have the will to rule, which has a lot to do with the way the neo-Pentecostal movement that emerged in the USA and then expanded throughout the continent eventually evolved. The argument is simple: if they are the light of the world and the salt of the earth, they are being called to have an impact, so they have to seek power because they are the ones chosen to exercise it.

    As for strategies, they vary. Pragmatism prevails, so the strategy depends a lot on context. In some cases, they create their own parties – religious, evangelical or ultraconservative – by which they feel represented. In other cases, they prefer to insert their candidates into various party tickets. Currently in Argentina, for example, there are candidates of this sort in practically all parties, except for the most radical left. They are present in both the ruling party and the main opposition coalition. In addition, there is a recently formed small party, the NOS Front, founded on the explicit rejection of ‘gender ideology’ in the context of the legislative debate over legal abortion – but it didn’t get many votes in the recent primaries, and I don’t think it will achieve too much in the upcoming elections. On the other hand, many candidates that are running on various lists will be successful, both at the federal and provincial levels.

    Another complementary strategy is to enter governments at lower levels, especially in countries with federal structures, where they can access management positions in the areas of health, education or justice; hence their strategy of training experts – lawyers, jurists, bioethics experts – who can take positions in various areas of public administration. I am seeing that a lot in Argentina.

    In the case of Uruguay, these sectors are quite concentrated within a segment of the National Party, which already has some evangelical and neo-Pentecostal legislators; it is highly likely that there will be more after the next elections. I think an evangelical caucus will very likely emerge out of the October 2019 elections in Uruguay. There are some similar candidates in the other parties, although they are much less visible.

    Additionally, a new phenomenon has emerged in Uruguay, in the form of the Cabildo Abierto party, led by a former army chief, which is the first to declare itself an anti-gender ideology party. This is a new phenomenon because the leaders and main figures of the National Party, the one that has so far given space to most of these candidates, do not support these positions. Although it is a new and small party, polls are forecasting that Cabildo Abierto will get between seven and 10 per cent of vote, which means it will possibly get some legislators elected, who will go on to vote as a block.

    Do you find these developments worrying in a country such as Uruguay, often described as the most secular in Latin America?

    What happens is that confessional vote is not automatic. In Argentina, evangelical parishioners are an important percentage of the population, which is also growing, but for the time being there is hardly any evangelical legislator in the National Congress. Something similar could be said about most countries: people who declare they belong to a certain religious group do not necessarily vote for candidates of the same religion. In other words, the faith-based vote, which is what these sectors intend to promote, is not necessarily succeeding in every country. It has made substantial progress in Brazil, but this progress has taken decades, in addition to being related to peculiarities in the Brazilian open-list electoral system, which allows for such candidacies to spread among various parties, including the Workers’ Party when it was in power. This growth was reflected in the substantial support provided by evangelical sectors to President Jair Bolsonaro’s candidacy, whose victory also nurtured the evangelical caucus.

    A number of factors affect how people vote at any given time; when voting, people are not necessarily guided by candidates’ religious creed. But this could change in the upcoming elections. Both Argentina and Uruguay hold elections in October, on the same day; in Bolivia elections will be held a week earlier; and also in October there will be regional elections in Colombia, with many such candidates in various parties. We will soon get a better idea of how the faith-based vote evolves in each country. We need to watch it closely in order to find out if it is a linear phenomenon on the rise, a process including progress and reversals, or a phenomenon that is finding its limits.

    Get in touch with Diana Cariboni through herFacebook page and follow@diana_cariboni on Twitter.  

     

  • ARGENTINA: ‘Change is inevitable. It is just a matter of time’

     

    Twitter: Edurne Cárdenas

    In 2018, after years of civil society efforts, Argentina’s congress discussed an initiative to legalise abortion for the first time. While the ban on abortion in most cases remains, those campaigning for reform believe the debate has progressed. CIVICUS speaks about the campaign to Edurne Cárdenas, a lawyer with the international team of the Centre for Legal and Social Studies (CELS),an Argentine human rights organisation. CELS was founded in 1979, during Argentina’s military dictatorship, to promote human rights, justice and social inclusion. In its early years, CELS fought for truth and justice for the crimes committed under state terrorism, before expanding its agenda to include human rights violations committed under democracy, their structural causes and their relationship to social inequality. CELS advances its agenda through research, campaigning, alliances with others in civil society, public policy advocacy and strategic litigation in both national and international forums.

    When did CELS, a classic human rights organisation, start working on sexual and reproductive rights, and why?

    CELS has had great capacity to work in tune with the times and therefore to enrich its agenda progressively, always in alliance with social movements and other organisations. The idea of women’s rights as human rights was explicitly articulated at the 1993 Vienna Conference on Human Rights. In the mid-1990s, and more precisely in 1996 I believe, the CELS annual report included contributions by women’s rights activists on reproductive rights. Over the following years, often in partnership with other organisations, CELS took part in submissions to human rights bodies: for instance, in 2004 we contributed to a shadow report submitted to the United Nations’ Committee on the Elimination of Discrimination against Women (CEDAW). The National Campaign for the Right to Legal, Safe and Free Abortion was formed in 2005 and CELS joined in 2012. Shortly after those first articles were published in our annual report, our concerns about human rights violations gradually widened to encompass access to non-punishable abortions, as they are referred to in the Criminal Code - abortions that can be performed legally when the woman’s life or health are in danger or if the pregnancy in question is the product of rape. The issue was also incorporated as a result of the sustained work of feminist activists within our organisation.

    In sum, CELS works on this issue because we understand that the criminalisation of abortion has a negative impact on the enjoyment of human rights by women. CELS’ key contribution was to place the abortion debate within the human rights sphere and to put into circulation human rights arguments to feed debate around the issue. CELS does not specialise in health issues, but we work in partnership with other organisations that examine the problem from that angle. From our point of view, this is an issue in which freedom and equality are at stake, and that is cross-cut by another theme - institutional violence - that was historically central to our work.

    In 2018 the debate over legal abortion progressed in Argentina more than ever before, but not far enough for legal change to happen. What lessons do you draw from this experience?

    In 2018, for the first time ever, an initiative to legalise abortion was debated in Congress. It was the seventh time that an initiative of this nature was introduced, and it was drafted and promoted by the National Campaign for the Right to Legal, Safe and Free Abortion. This is a network bringing together more than 500 organisations that form the women’s movement; it is well coordinated, horizontal and has 13 years of experience in this struggle. Before 2018, initiatives had not progressed, even within the congressional committees that had to issue an opinion to allow for debate to proceed to the full house. Argentina has a tradition of highly mobilised feminism and, since 2015, the campaign has had a lot of street presence and has made a clear demand for legal abortion. 2018 began with a novelty: in his opening speech of that year’s legislative session, the president raised the issue, which alongside feminist pressure enabled parliamentary debate. This was absolutely unprecedented. Regrettably, after being passed by the House of Representatives - the lower house - in June 2018, the initiative to legalise abortion was rejected by the Senate in August.

    The whole process was led by the women's movement. All other movements and organisations aligned behind their leadership. In the House, the initiative succeeded because the strategy was multi-partisan and diverse, there was strong social movement participation and street pressure made itself heard. In the Senate, a more conservative chamber, additional work was required. Our alliances failed us, as we couldn’t make them as cross-cutting as they were in the House. A question that remains on the table, then, is how to reach out to the most conservative chamber of Congress with a demand that must necessarily be processed through it.

    In addition, the defeat in the Senate made it clear that we need to work more to understand and counter the ‘post-truth’ discourse of our opponents. We are seeing conservative advances that put institutional quality, and ultimately democratic institutions, at risk. What was interesting in the process was that all citizens were able to find out and take note of what their representatives think and how they vote.

    The results of this particular struggle could be called bittersweet. How much of a defeat, and how much of a victory were they, and why?

    The pictures of disappointment on 9 August 2018, when the Senate rejected the initiative, do not tell the whole story. When we take stock, the list of what we won is much longer than the list of what we lost. Losses of course include a missed opportunity - but we only missed one opportunity, that of 2018, because I really believe that change is inevitable, and it is just a matter of time. I do not know if it will happen in 2019, but it will eventually. But one thing does need to happen in 2019: with elections due, all the issues that were put on the table during this process have to be part of the presidential campaign agenda.

    We undoubtedly gained in terms of mass participation and public presence - both in the streets and in public opinion. In 2018 abortion was discussed like never before, so silences and taboos broke. But the process also had a negative side effect: because the issue that was placed on the agenda was so divisive, and mobilisation became so massive and acquired such centrality on the political scene, a strong reaction from the most conservative sectors ensued. These sectors gained a level of organisation and visibility that they did not have in the past.

    As these conservative voices emerged, the debate on abortion rights also brought back into the discussion some things that we thought were long settled and part of a basic, untouchable consensus. These sectors began to say out loud certain things that they wouldn’t have dared say only a few years ago. Such was the case with the campaign ‘Do not mess with my children’ (Con mis hijos no te metas), against the implementation of the law mandating comprehensive sex education, which called into question the role of the state in education.

    What role did CELS play in the legalisation campaign?

    Throughout the process, the women’s movement’s leadership, and that of the National Campaign for the Right to Legal, Safe and Free Abortion, was undisputable. As a member of the Campaign, and alongside other human rights organisations, CELS made an important contribution in terms of organisation, coordination and argumentation.

    Our history and experience give CELS much legitimacy. The fact that CELS speaks about abortion can make a difference when it comes to reaching broader audiences. Starting in 2014, when it seemed likely that the legalisation initiative would eventually be discussed in congressional committees, CELS began putting together input for the legislative debate, by revising jurisprudence and current standards and providing a justification as to why the debate on abortion had to be carried out from a human rights perspective.

    At the same time, CELS participated as amicus curiae - friend of the court - in various court cases. Although we think that our ultimate goal, and the only one compatible with the recognition of women’s autonomy as full subjects of rights, is the legalisation of abortion, we have deemed it necessary to ensure in the meantime that the abortions that are already legal can be performed effectively, along the lines established for non-punishable abortions. In 2012, in its ruling in the F.A.L. case, the Supreme Court made very clear the conditions under which legal abortions can be performed and the obligations that this confers on the state. This ruling reflected the great work done by women’s rights and human rights movements on the streets, in hospitals, in academia and in the courts. But nonetheless, access remains very uneven, and even in more ‘advanced’ provinces barriers to legal abortions still exist. To a large extent, this reflects the structural limitations of a system that establishes a restrictive set of grounds allowing abortions, which inevitably fails because it depends on someone certifying the presence of those grounds. In addition, the current system ignores the most important among all possible grounds for abortion: the pregnant person’s will. This is precisely what the bill that was passed by the House put in the spotlight.

    During the 2018 debate, CELS made several presentations in support of the initiative at public hearings in both houses of Congress. Our executive director and I presented at the House of Representatives - significantly, both at the opening and the closing of the debate - and our litigation director spoke at the Senate. At the beginning of the debate, we issued a publication that was endorsed by a large part of the women’s movement, feminists and organisations alike, with arguments, legislation and jurisprudence, to bring clear information to legislators.

    We were also present on the streets, not only sharing the vigils that were held during the voting sessions, but also in organising, providing support and coordinating with the women's movement, with the other organisations within the Campaign for Legal Abortion and with high school students, health professionals and other mobilised groups. This coordination and the sustained presence of the movement on the streets were what made the difference during 2018. Finally, we defended the freedom of expression and the right to peaceful assembly, since throughout this process the groups mobilised against legal abortion perpetrated various acts of violence against legalisation activists.

    You have repeatedly mentioned the existence of anti-rights groups. Do you think these groups are on the rise? If so, what can progressive civil society do to protect the rights already conquered and keep moving forward?

    Anti-rights groups have indeed grown and are organised under a common umbrella, against what they call ‘gender ideology’. They saw this debate as an opportunity to organise like never before. Now they are more numerous: there used to be groups linked to the Catholic Church, but now there are also numerous groups with links to evangelical churches, well-organised and well-funded, alongside other groups that are not necessarily faith-based. Their presence demands our attention because their goals run against the rights of a large part of the population, as they seek to limit access to rights by children, women, lesbians, gays, transvestites and trans people. They are appearing throughout Latin America and their existence also raises questions about their alliances and goals: how and when did they arrive in Argentina? What are their demands? How far are they willing to go? We have seen that behind their ‘no to abortion’ they bring along a broader agenda that is linked to their rejection of so-called ‘gender ideology’, sexual education in schools, even vaccination, and who knows what else.

    The progressive movement needs to think of a strategy to face them. The strength of the human rights movement is our use of creativity and the strategy of reason. On the other hand, what anti-rights movements do is mirror the strategies of the human rights movement. Now, although creativity and innovation give us an advantage, the anti-rights movement is making us waste our time discussing things we thought were long settled. To top it all, what we get into is not even an honest discussion, since the statements they make and even the data they use do not withstand the slightest fact check. The result is not actual debate - that is, a genuine exchange of arguments and reasons. Still, we have no alternative but to respond. So, when we engage in such ‘debate’, we do not really discuss with them or try to convince them, but we share our reasoning before an audience, in order to try and convince that audience. We take advantage of that simulation of a debate to make our point before public opinion. For this task, social media are key, although they have clearly been a double-edged sword. In fact, it was during this debate that we were able to see first-hand the way so-called ‘fake news’ operates, particularly when they find an echo in influential voices outside social media, who disseminate them elsewhere. It so happened, for instance, that totally fake data found on social media were quoted by legislators during the congressional debate. In that area, there is a lot of work for us to do.

    Leading the debate agenda is one of the challenges that our movements face. To do this, we need to always be a step ahead in the discussion. We should not ‘debate’ with the anti-rights groups but speak to larger audiences and engage in discussion with elected representatives, whose obligation it is to pass laws for our common good and to ensure the state’s compliance with its obligation to enforce human rights. The debate over the legalisation of abortion was a spearhead to think about other issues. The system of limited grounds for legal abortion, similar to the one that has just been adopted in Chile, has been in place in Argentina since 1921. The transition from a system of grounds to a system of deadlines requires a simple legislative decision to amend the Criminal Code. Why such big fuss then? Because this debate puts other discussions on the table, including what we think the role of women is, what the role of the state should be, to what extent and regarding what issues the state should get involved - and this is where conservative sectors exhibit their contradictions: they want the state to get inside your bed to criminalise your behaviour, but when it comes to education or vaccination, they want it not to interfere.

    We cannot stay on the defensive. We need to go on the offensive and place secularism and the role of the state on the agenda. And we are forced to do so in a very regressive sub-regional context. Brazil, our biggest neighbour and partner, has just elected a president who is committed to advancing the agenda of its powerful evangelical caucus and who has just appointed to lead the Ministry of Human Rights an evangelic minister who says that women are born to be mothers.

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

    Get in touch with CELS through theirwebsite andFacebook page, or follow@CELS_Argentina and@EdurneC on Twitter.

     

  • ARGENTINA: ‘Cultural change enabled legal change, and legal change deepened cultural change’

    Ten years after the Equal Marriage Law, a milestone for Latin America, was passed in Argentina, CIVICUS speaks with LGBTQI+ leader María Rachid about the strategies that the movement used and the tactics that worked best to advance the equality agenda – tactics that may well still be relevant today. María is the current head of the Institute against Discrimination at the Ombudsperson's Office of the City of Buenos Aires and a member of the Directive Commission of the Argentine Federation of Lesbians, Gays, Bisexuals and Trans People (Argentine LGBT Federation). In 1996 she founded a lesbian feminist organisation, La Fulana, and in 2006 she co-founded the Argentine LGBT Federation, which brings together various sexual diversity organisations and played a key role in getting the Equal Marriage Law approved.

    maria rachid

    What was the situation for sexual diversity organisations in Argentina when the equal marriage campaign kicked off?

    It was a situation in which the organisations representing sexual diversity had a confrontational relationship with the state. It was the state where most of the discrimination, violence and harassment towards the LGBT+ community, and especially towards trans people, came from, through the security forces and through institutions more generally. Discrimination was permanent and the inability to access rights was a constant. That is why in the 1980s and 1990s we carried out escraches, or public shaming demonstrations, outside police stations, to denounce the police and the tools they used, such as misdemeanour codes and the criminal records law, and we got together with other human rights organisations that fought for the same cause. The state’s tools of discrimination were used against various groups; we were one of them, but there were others who were also harassed and persecuted with the same tools that the police used to obtain petty cash.

    After the gigantic economic, social and political crisis of 2001, institutions weakened and social mobilisation became stronger. In a very timely manner, at that juncture, the Argentine Homosexual Community (CHA), one of the country’s oldest sexual diversity organisations, submitted a civil union project to the legislature of the city of Buenos Aires, the capital. The law that ended up being passed as a result was very short, less than a page long, and basically established that within the city of Buenos Aires same-sex couples should be treated in a way ‘similar’ to heterosexual marriages. Of course, the original project did not say ‘similar’, but the expression was introduced to get it passed. Nowadays this would be perceived as humiliating, but in that context, it was a huge achievement. Along with this law, other proposals were also passed that similarly reflected claims of social movements, such as the expropriation of a company that had been recovered by its workers and the establishment of norms to enable the work of cartoneros, or recyclable trash collectors.

    Once the Civil Union Law was passed in Buenos Aires, we began thinking about next steps. Some organisations proposed to bring civil unions to other districts, as was later the case in the province of Río Negro and Córdoba City, and to try to extend it nationwide. But other organisations began to think about the idea of marriage, although at that time it seemed crazy, since it was recognised by only two countries in the world – Belgium and the Netherlands – which were also culturally very different from Argentina and lacked the main obstacle we faced to have our rights recognised, a politically powerful Catholic Church.

    How was it that the impossible became an achievable goal?

    In that context of institutional violence, in which there had been only a small step forward thanks to which we as couples would be treated in a ‘similar’ way to heterosexual couples in some districts of the country, some things began to change, both domestically and internationally, that placed the aspiration of equality within the realm of the possible.

    One of those things was the fact that, in 2003, the recently inaugurated government led by Néstor Kirchner repealed the so-called ‘impunity laws’, which prevented the prosecution or the implementation of sentences against the perpetrators of crimes against humanity under the dictatorship. This was a shift in the human rights paradigm in Argentina, and at first we wondered if this time we would be included. Since the restoration of democracy, people in our country have talked about human rights a lot, but human rights never included us. Trans people continued to be persecuted, detained and tortured in police stations. But as impunity laws were repealed, we thought that things might change.

    Soon after, in 2004, we were invited to participate in the development of a national plan against discrimination. It was the first time that the state called on diversity organisations to develop a public policy plan that would have a specific chapter on diversity. We attended with distrust, thinking that our proposals were going to stay in some public official’s desk drawer. We made a diagnosis and proposals, participated in a lot of meetings in various provinces and thought that everything would come to nothing. But before long, they called us again and asked if we could review the plan before it was published, because they wanted to make sure we approved its content. We started looking at it, thinking that everything we had written would surely have been erased, but it was all there, nothing was missing. Equal rights, the recognition of the gender identity of trans people, everything was there except for equal marriage, and that’s because in 2004 not even diversity organisations spoke of equal marriage in Argentina. We had never raised it in our meetings, and this is why, although it did include the objective of ‘equating the rights of same-sex couples with those of heterosexual families’, the plan did not explicitly mention equal marriage. The National Plan against Discrimination was issued through a presidential decree: thus, our historical demands translated into public policy plan and it was the president himself who told public officials what they had to do in matters of sexual diversity, which was exactly what we had demanded.

    In the midst of this change in the human rights paradigm that for the first time seemed to include sexual diversity, a gigantic change took place at the international level: in 2005 equal marriage was recognised in Spain, a country that is culturally similar to ours and where there is also a strong presence of the Catholic Church. In fact, the Spanish Church had rallied 1.5 million people on the streets against equal marriage, and still, the law had passed. In such a favourable context both domestically and internationally, a group of sexual diversity organisations came together to fight for equal marriage in Argentina.

    What role did the Argentine LGBT Federation play in promoting equal marriage?

    The Argentine LGBT Federation was created precisely at that time, as a result of the convergence of a number of longstanding organisations based not only in the city of Buenos Aires but also in several provinces, to advocate for an agenda that initially included five points. First, equal marriage allowing for adoption; we specifically demanded the recognition of adoption rights because we saw that in other countries the right to adopt had been relinquished to achieve equal marriage. Second, a law recognising gender identity. Third, a nationwide anti-discrimination law. Fourth, the inclusion of diversity in a comprehensive sex education curriculum. And fifth, the repeal of the articles of misdemeanour codes that were still used in 16 provinces to criminalise ‘homosexuality’ and ‘transvestism’ – in their words.

    The Federation brought together almost all relevant sexual diversity organisations; only two longstanding organisations stayed out, the CHA and SIGLA (Gay-Lesbian Integration Society), which were very much at odds with each other and led almost entirely by men, with very little female participation. However, SIGLA supported the Federation throughout its work towards equal marriage, while the CHA disagreed with equal marriage because it thought that in Latin America, given the strong presence of the Catholic Church, it would not be possible to achieve, which is why it continued placing their bets on civil union.

    What were the main strategies and tactics that you used?

    The first thing we did was call on activists active in various professions and in a variety of fields. We put together a team of lawyers and a team of journalists, we organised a journalists’ roundtable and put together a variety of teams that could contribute to the campaign in different ways.

    We believed that what we had to do was go down all possible paths at the same time. We first looked at the various paths through which these laws had been passed elsewhere. For example, by the time we filed our first judicial appeal, equal marriage had already been recognised in South Africa through the Supreme Court. We also analysed the debates that had taken place in various countries around the world, not just on equal marriage, but also on other issues such as the feminine vote, civil marriage, divorce and sexual and reproductive rights. The arguments used to deny rights were always the same, and they were based on religious fundamentalism.

    As a result of this analysis, we concluded that we needed to go simultaneously through the executive, legislative and judicial routes. At the same time, we needed to reach out to the media and bring out the issue to the public. This became clear to us after a meeting we had with the then-minister of the interior, who told us that we had executive backing, but that we needed to create proper conditions so we would not lose the congressional vote. Since then, we went through years of work to reach out to public opinion and thereby create the conditions to turn the scales of Congress in our favour.

    In 2007 we submitted our first amparo petition for equal marriage; we came to submit more than a hundred. As a result of an injunction, in 2009 a gay couple managed to marry with judicial authorisation in Ushuaia, and in 2010 eight more couples, including a lesbian couple, were able to marry in the city and province of Buenos Aires. By then our strategy had changed: we initially litigated in the civil family jurisdiction, where the Opus Dei, a hard-line Catholic institution, had a very strong presence. Many civil family judges are Catholic Church activists, and specifically belong to Opus Dei, so it was very difficult to obtain a favourable ruling in that jurisdiction. Change occurred when we realised that, as we were making a judicial claim against the Civil Registry, dependent on the Government of the City of Buenos Aires, we could resort to the contentious, administrative and tax courts, which can be appealed to when the state is a part in the conflict. As this is a jurisdiction that mainly deals with tax-related issues, and in Argentina the Catholic Church is exempt from paying taxes, we were not going to find activist judges belonging to the Catholic Church or Opus Dei, since this jurisdiction is of no political interest to them. Following this change in strategy, we only obtained positive rulings in the city and province of Buenos Aires.

    Although at first we thought of the amparosquite literally, as a way to obtain judicial support for our claims, they ended up being above all an excellent communication strategy, because each of these amparos became a story that we told the public about why equal marriage was just, necessary and timely. For that purpose, we provided a lot of coaching for the couples who were submitting amparo petitions, especially the first ones, who we knew would get a lot of media exposure. So this ended up being a communication strategy rather than a judicial one.

    How did you win over public opinion?

    We worked a lot with the media. We had breakfasts with journalists, at first with just a few ones that were our allies, but later these meetings expanded. We worked so much in this area that in the last months of debate you could no longer find signed op-eds against equal marriage, not even in the traditional newspaper La Nación, which only opposed it through its editorials, since all the articles signed by its journalists were also favourable to it. In other words, even in hostile media, journalists ended up being our allies. We prepared a booklet for communicators explaining what the bill was about, why it was important, what our arguments were. We also prepared advertising spots, but since we didn’t have any money to broadcast them, we asked journalists and media managers to pass them on as content in their programming, and truth be told, they did this a lot. These were amusing spots that attracted a lot of attention.

    To gain further support, we needed to exhibit the support we already had in respected sectors and from well-known individuals. So we started to publish our list of supporters, which at first was very short, but ended up being a huge newsletter containing the names of all the trade union federations, countless unions, political leaders from almost all parties and personalities from the art world, the media and religions.

    As the congressional debate approached, we began to hold events, generally in the Senate, to show the support we received from various sectors. These events had great media repercussions. The event ‘Culture Says Yes to Equal Marriage’ featured musicians and artists; the ‘Science Says Yes to Equal Marriage’ event included academics and scientists, and we gathered 600 signatures from academia, research and professional associations of psychology and paediatrics, among others. Unlike the other ones, the ‘Religion Says Yes to Equal Marriage’ event was held in an evangelical church in the Flores neighbourhood, and was attended by Catholic priests, rabbis – both male and female – evangelical pastors and leaders of other Protestant churches. Regardless of what we as individuals might think of religion and the separation of church and state, we wanted to show to people that they did not need to choose between their religion and equal marriage, as they could be in favour of equal marriage no matter what their religion was. Some Catholic priests were expelled from the church the next day, for having participated in this event.

    How were these demonstrations of support used to help change the attitudes of legislators?

    From the beginning we embraced the strategy of lobbying by exhibiting this support, as well as the support that emerged from public opinion polls. The first survey on this issue was carried out by the newspaper Página/12 and showed that in the city of Buenos Aires approval rates exceeded 60 per cent. Shortly after, the government funded a very important survey, which even included focus groups in the provinces, that allowed us not only to know if people were for or against, but also which arguments were more effective. We presented a variety of arguments in favour of equal marriage to the focus groups and we observed people’s reactions to identify the arguments that worked best.

    Of course, we always showed the segments of the surveys that suited us best, because answers depended a lot on how the question was asked. For instance, when we asked people if they believed that homosexual and heterosexual people had the same rights, around 90 per cent said yes; but if we asked them if they agreed that they should be able to get married, the percentage dropped to 60 per cent, and if we asked about the right to adopt children, the approval rate would drop to 40 per cent. However, if we informed them that gay people in Argentina were in fact already legally authorised to adopt children individually, and then we asked them if they would want to take that right away from them, the majority said no. While only 40 per cent were in principle in favour of allowing adoption by same-sex couples, more than 50 per cent refused to prohibit it if it was already allowed. Therefore, part of the discussion consisted in informing people and explaining to them that children adopted by homosexual persons would enjoy half their rights, because since their parents could not marry, one of them would not be able to, say, leave them a pension. When we asked them whether they thought that these people should be able to marry so that their children would have all their rights, more than 80 per cent would say yes.

    As a result of our working on the argumentation, support grew steadily throughout the campaign, to the point that we began to receive unexpected shows of support, such as from the Student Centre of a Catholic university that called to join. In the end, I would say that all public figures from art, culture, trade unions and journalism supported us. All those who continued to stand against represented some religion, but among our supporters there were also many religious figures. With the numbers of public opinion and the lists of our supporters in hand, we toured the parliamentary committees and the houses of Congress, and we operated politically during the debates until the very moment the law was passed.

    I think that the strategy of going along all possible paths, maintaining a high capacity for dialogue and coalition-making and seeking out all possible allies, was very successful. Even in politically polarised times, we sat with all the parties, with youth and feminist groups within all the parties, with some LGBT+ allies of the parties, and later on, with parties’ diversity areas as they emerged. It was very difficult, but in our struggle towards equal marriage we managed to get the impossible photo of politicians from both the government and the opposition all standing for the same cause.

    To change the law it was necessary to change social attitudes first. Do you think that the passage of the law resulted in further, deeper social and cultural change?

    The approval of the law created a certain climate in society – I would say even a feeling of pride for being the 10th country in the world to enshrine equal marriage. The political sector that had voted against the law felt left out and did not want this to happen again; this was reflected in the 2012 approval of the Gender Identity Law, which was in fact more revolutionary than the Equal Marriage Law, but was passed practically unanimously. This is a state-of-the-art law at the global level, and even the senators who had been the biggest opponents of equal marriage defended it and voted for it.

    These laws had great institutional impact, and institutional action deepened cultural change. After their approval, all the ministries, many municipalities and many provincial governments set up areas of sexual diversity. As a result, there came to be a lot of state agencies at various levels that were making public policy on diversity, which had an impact on many spheres, including schools. This resulted in an important cultural change, since it modified the perception of our families. Of course, there are pockets of resistance and acts of discrimination occur, but now these acts of discrimination are pointed out and repudiated by society, with social condemnation being amplified by journalists and through the media. Discrimination, which used to be legitimised by the state, now lacks all legitimacy. The state not only no longer upholds it but also produces public policy regarding diversity. The law was never our final goal, nor is it a magic bullet to end discrimination, but it is a tool without which ending discrimination is impossible.


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

    Get in touch with Mar’ia through herwebsite orFacebook page, and follow@Defensorialgbt on Twitter.

    Get in touch with the Argentine LGBT Federation through itswebsite orFacebook page, and follow@FALGBT on Twitter.

     

  • ARGENTINA: ‘We must stop attempts to go back to the injustices of the pre-pandemic era’

    CIVICUS speaks about the COVID-19 crisis and civil society responses with Sebastián Pilo, co-director of Civil Association for Equality and Justice (Asociación Civil por la Igualdad y la Justicia, ACIJ), a civil society organisation (CSO) dedicated to defending the rights of the most disadvantaged groups and strengthening democracy in Argentina. Founded in 2002, ACIJ aims to defend the effective enforcement of the National Constitution and the principles of the rule of law, promote compliance with the laws that protect disadvantaged groups and the eradication of all discriminatory practices, and contribute to the development of practices of participatory and deliberative democracy.

    Sebastien Argentina

    What impact has the COVID-19 pandemic had on people’s rights in Argentina?

    Notwithstanding the good results in terms of health yielded by lockdown measures, the pandemic has hit the most vulnerable populations especially hard. To cite just a few examples, the impact of contagion has fallen significantly on the inhabitants of informal settlements. Institutionalised older adults have also suffered the pandemic in a particularly cruel way. In addition, cases of domestic violence have presumably increased under lockdown conditions.

    The fact that people whose right to adequate housing is not being fulfilled are being asked to ‘stay home’ is a clear example of the gap between constitutional promises and reality, as well as the interrelation between the right to health and other fundamental rights. In this regard, in mid-March, as mandatory lockdown had just begun, alongside other CSOs we submitted a document to the City Government of Buenos Aires warning of the lack of adequate public policies for people living on the streets, a group especially vulnerable to the pandemic. Although the city government announced measures to mitigate the spread of COVID-19, the actions were mainly aimed at controlling the circulation of this population, but not at guaranteeing their access to adequate hygiene and health conditions. The causes that lead to people becoming homeless are structural and linked to the lack of public policies guaranteeing all people access to decent housing. The actions taken during this emergency should be a starting point to build long-term policies to change the precarious conditions in which thousands of people live in our city.

    More generally, in the context of the pandemic the multisectoral initiative Habitar Argentina has called for the implementation of a national emergency policy on habitat, aimed not only at improving the living conditions of people who are already on the street, but also suspending – for six months or until the pandemic is over – all evictions and judicial decisions that may expel more people onto the streets or worsen their sanitary conditions, as well as implementing specific policies for families who rent, have mortgages or live in precarious housing. It also calls for the implementation of protection mechanisms for women, children, adolescents and sexual minorities or gender non-conforming people who experience violence regardless of the type of housing or territory they inhabit.

    What obstacles has ACIJ faced to continue operating in this context, and how have you overcome them?

    Our biggest obstacle was linked to lockdown measures and the consequent impossibility of maintaining, under the same conditions, our territorial presence in the communities with which we work. This forced us to increase our efforts to continue in contact – virtually or through authorised sporadic physical presence – with community leaders and promote actions aimed at providing the special protection that the context required.

    Thus, for example, along with Fundación Huésped and TECHO, we organised a series of training sessions targeted at grassroots leaders, who have historically been key to solidarity networks in their neighbourhoods. Staring on 5 June, we held five meetings to provide them with information on prevention measures against COVID-19 and other diseases present in their neighbourhoods, legal information pertaining to compulsory lockdown, guidance in the event of institutional or gender-based violence and prevention measures for community soup kitchens, and to let them know about the public assistance programmes that were established during the pandemic. More than 90 social leaders from the provinces of Buenos Aires, Chaco, Córdoba and Tucumán took part in these meetings.

    A virtual assistant with specific information was also developed to answer queries from inhabitants of poor neighbourhoods and a series of communication pieces were distributed through community WhatsApp and Facebook groups.

    What other actions have you undertaken to defend the rights affected under the pandemic, and what have you achieved?

    Among the most relevant actions that we have undertaken during these months, I would highlight the following.

    First, regarding the inhabitants of slums and informal settlements, we promoted a special protocol of action against COVID-19, the creation of a web platform that geo-references resources and helps identify the urgent needs of these inhabitants and a precautionary measure so that the state would provide free internet access for the duration of lockdown measures.

    The internet access development came in response to a lawsuit that we filed with other CSOs in order to enable the continuity of schooling for all students within the framework of distance education measures established during the emergency. The precautionary measure issued in early June forces the Government of the City of Buenos Aires to provide all students who attend public schools or privately operated schools with zero fees and who are in a socially vulnerable situation – those on city or federal welfare, scholarships, subsidies, or social programmes, or those who live in slums – an adequate device – a laptop, notebook, or tablet – to access the internet and carry out schoolwork in order to guarantee the continuity of learning. Likewise, the government is obliged to install in all the slums and informal settlements within the city the required technological equipment for wireless internet transmission, similar to that which it currently maintains in squares and public spaces, in sufficient quantity and adequate locations in order to provide a minimum standard of free wireless connectivity. In the event that there are technical impediments to this, the local government must provide a mobile device with data to allow internet access to every family including children or adolescents who attend primary-level educational establishments.

    This measure is key because not only does it seek to reverse the existing inequality in terms of access to educational equipment, but it also recognises internet access as a fundamental right that is instrumental – and, in this context, essential – for the exercise of other rights such as rights to education, health, information or access to justice.

    Second, regarding people with disabilities, among other things, we denounced the reduction in assistance coverage, carried out a campaign to show the effects of confinement on people secluded in mental hospitals and launched a web platform to foster access to rights.

    The discapacidadyderechos.org.ar platform was launched in early July and seeks to help people with disabilities demand the fulfilment of their rights to health, education, work, independent living and social protection. The platform centralises information regarding rights, benefits and services recognised by current regulations, and outlines how to claim these rights in cases of noncompliance by insurance and prepaid medicine companies and the state and where to go for free legal advice and sponsorship. The site has a total of 120 document templates, including administrative notes and document letters, that each user can adapt to their situation. In addition, it has a specific section that provides information on the rights of people with disabilities in the context of the COVID-19 pandemic.

    It should be noted that the process to develop the site included the participation of people with disabilities and their families, who tested the platform and made suggestions for its improvement. It was also based on the advice of specialists in digital accessibility and usability.

    Third, for vulnerable groups in general, alongside a coalition of academic institutions and CSOs, we started an initiative to disseminate legal information to clarify the scope and impacts of emergency regulations and contribute to the legal empowerment of various disadvantaged groups, and we made a regional call to highlight the role of justice in the face of the crisis. We also prepared a document highlighting key information about injustice in tax matters and ideas to contribute to a fiscal policy that respects economic, social and cultural rights in the context of the pandemic.

    What would you say has been the key to obtaining these achievements?

    I believe that the achievements obtained in this context are fundamentally explained by the combination of three variables: first, the entire ACIJ team was mobilised by the need to make a significant contribution from our institutional role, and adopted the necessary flexibility to react to the crisis in an appropriate way. Second, for a long time we have worked closely with affected communities and groups in relation to the issues that are at the core of our work, and this has been key to us knowing first-hand the obstacles that people in vulnerable situations face in accessing their rights. Finally, the combination of strategies of public policy advocacy, court action on collective conflicts and community empowerment resulted in larger impacts than those that would have been obtained in the absence of this interconnection of strategies.

    What role should civil society play in overcoming the pandemic and building a better post-pandemic ‘new normal’?

    The first thing that civil society must do in this context is to show very clearly the injustices that characterised the world that we had before the pandemic: political inequality as a structural condition of low-quality democracies; economic inequality as underlying violations of economic, social and cultural rights; and a model of production of goods and organisation of territories that was environmentally unsustainable.

    Given that the pandemic has deepened pre-existing inequalities and has had greater impacts on the lowest-income people, the current priority should be to strengthen public systems for the protection and promotion of human rights of the groups most affected by the pandemic. In this context, it is essential to guarantee resources to fund adequate health and social protection policies. Hence, together with other CSOs in the region, we published a statement urging states to implement mechanisms to achieve a globally progressive tax system; evaluate existing tax exemptions to determine which ones should be eliminated because they are unjustified and inequitable; not to approve new tax privileges, except in urgent cases, where effectiveness is proven and preferably for the benefit of vulnerable populations and small businesses; and reform and streamline the process of approval and review of tax expenditures, increasing transparency, identifying beneficiaries, adding impact evaluations and subjecting them to independent scrutiny.

    It is essential for civil society to help us imagine a new direction: the moment of crisis is also a moment of opportunity if it stimulates our ability to think of different ways to relate to each other as a political community, and to instil new values for the reconstruction of fairer societies.

    Finally, we must accompany those who will go through the most difficulties to find survival strategies and satisfy their basic needs, while also looking for participation spaces to make our voices heard in public decision-making spheres and countering the foreseeable attempts to go back, in the post-pandemic stage, to the injustices and privileges that characterised the pre-pandemic era.

    Civic space in Argentina is rated as ‘narrowed’ by theCIVICUS Monitor.
    Get in touch with ACIJ through itswebsite orFacebook page, and follow@ACIJargentina and@piloofkors on Twitter.

     

  • BOLIVIA: ‘The pandemic became a justification for tightening information control’

    CIVICUS speaks about the Bolivian political landscape and upcoming elections in the context of the COVID-19 pandemic with Cristian León, programme director of Asuntos del Sur and coordinator of Public Innovation 360, a project focused on strengthening democracy at the subnational level which is currently being implemented in three Latin American countries. Asuntos del Sur is a regional civil society organisation (CSO) based in Argentina that designs and implements political innovations to develop democracies that are inclusive, participatory and based on gender parity. Cristian León is also a founder and current collaborator of InternetBolivia.org, which promotes digital rights in Bolivia.

     

  • BOLIVIA: ‘We empower young people so they can lead the climate movement’

    Rodrigo MeruviaFollowing a year marked by massive mobilisation on the climate emergency, CIVICUS is interviewing civil society activists, leaders and experts about the main environmental challenges they face in their contexts and the actions they are taking. CIVICUS speaks with Rodrigo Meruvia, general coordinator and researcher of the Gaia Pacha Foundation, a civil society organisation (CSO) dedicated to environmental protection and conservation. Based in Cochabamba, Bolivia, Gaia Pacha undertakes research, extension and development initiatives on the basis of cooperation with other CSOs, universities, research centres, government agencies and private companies.

     

     

    What is the main environmental problem in the context where you work?

    The central issue is climate change, a planetary phenomenon that is having impacts at all levels, on populations and their productive and food systems, and that exceeds local and institutional capacities. Among other things, this phenomenon is reflected in an increase in the frequency and magnitude of climatic events and the depth of their impacts.

    We work with the aim of increasing the resilience of rural communities in the face of climate change, as well as building awareness among the urban population regarding the ways in which their consumption patterns affect the development prospects of many communities in rural areas. First of all we work to show how climate change impacts on areas of small family subsistence production and create mechanisms to help increase their resilience to climate change. We also work to empower young people both in rural communities and cities. We train them in technical issues as well as in matters of strategy and leadership, so that they can produce initiatives and generate alternatives on topics such as deforestation or greenhouse gas emission. We encourage them to generate projects applicable to their immediate surroundings and we foster networks and bridges with other civil society and academic organisations to support the implementation of their initiatives.

    For example, at the moment we are working with universities in Cochabamba on the subject of alternative transportation, with the aim of establishing bike paths between the various university campuses within the city, so that young people can use bicycles as an emission-free and safe means of transportation. With that aim in mind, mobile phone apps are being developed that will indicate the safest routes, and parking lots for bicycles are being established, among other things. Work is also being done to educate car drivers, in partnership with the university and in a joint initiative with the municipality and some private companies that are interested in this issue.

    Were there climate mobilisations in Bolivia during 2019?

    Yes, in September, when the global climate mobilisations were held, major Bolivian cities joined as well. In Cochabamba, we provide support to the youth movement, providing them with resources so that they can lead the climate movement. We provide them with logistical and institutional support, which is needed because there is still a lack of trust in young people in our cities. We propel them without becoming the spokespeople for the movement. We provide training on a variety of topics and transmit the fundamentals and basic concepts to them so that they can account for the reasons for their mobilisation rather than just go to a march armed with a single slogan. The idea is for them to become the disseminators of accurate information regarding both the causes and local effects of global climate change.

    With that aim we held several workshops targeted at young people. We trained about 100 young people directly, and indirectly we have reached around 1,400.

    Did climate mobilisations in Bolivia echo global demands, or did demands have specific local components?

    Demonstrations in Bolivia expressed demands related mainly to the forest fires that come hand in hand with the expansion of the agricultural frontier. Their main demand was the repeal of domestic laws that benefit agribusiness and neglect the protection of forests.

    Bolivian laws do not protect forests, but rather the opposite. In mid-2019, just a few months before 2019’s great forest fires, the government enacted decree 3973, which authorised clearance for agricultural activities in private and community lands in the departments of Beni and Santa Cruz, and allowed controlled fires. In other words, the law gives free rein to any owner interested in expanding their production space, whether for livestock or agriculture. Unfortunately, this has been the position of the state so far, and in our experience whether there were leftist or right-wing governments in place has not made any difference. Beyond the party ideology of the incumbent government, there’s the interests of the agribusiness sector, which are much more permanent and broader, since they involve not only local actors but also transnational companies.

    We believe that the cause of the fires is primarily human in origin, since they are started to expand the agricultural frontier. This is how about five and a half million hectares have already been burned. To give an idea of​​the dimensions of the disaster: the area that has been burned in the lowlands of Bolivia is almost the same size as Guatemala. And not only the forest is lost, but also the entire habitat is degraded, the water sources of some communities disappear and the effects of this extend beyond Bolivia, as bioclimates and rainfall change.

    We understand that the phenomenon that affects us is part of a bigger problem, which this year had several expressions in the form of fires in the Brazilian Amazon, in African countries and in Australia. As there is insufficient rainfall due to climate change, forests are much more prone to burning. In addition to agricultural expansion policies, especially those aimed at growing soybeans – which in addition are genetically modified – this makes these places much more vulnerable. The consequences of this are suffered not only by the population living in the territories where these incidents occur, which is directly affected, but also by the general population.

    At the same time, we also put forward the issue of urban deforestation. In Cochabamba there are around 200 deaths per year due to respiratory problems. It is one of the cities with the most polluted air in Latin America, so this was also one of the specific demands of our mobilisations, as well as the fact that we adhere to the global call for definitive and effective action by governments.

    Have you had participated in international processes related to climate change?

    We have participated from the local level, training young people to take part in the international negotiation processes, mainly at the COP – Conference of the Signatory Parties to the United Nations Framework Convention on Climate Change – series of meetings.

    We started by recruiting in various institutions that work with young people, and making a diagnosis to identify who were the ones who were ready and committed to addressing the issue of climate change, and then we made selections based on the issues we were working on. We gave workshops on topics ranging from the conceptual and technical approach to the issue of climate change, to the management of environmental projects, the characteristics of the negotiation process and strategies to participate, as well as workshops to improve people’s ability to express themselves adequately at these events. It was a long process, but it yielded very good results, because we already have leaders in the country’s nine departments who are trained to go participate in discussions and show the world the initiatives and projects that are being developed in Bolivia.

    Unfortunately, the last-minute change of the venue for COP 25 to Spain – because it could not take place in Santiago de Chile due to the context of protests and repression – deflated us, because we were well prepared and had a firm position that in the end we could not contribute to the event. This was the case not just for us in Bolivia, but more generally for Latin America, where something very big was being prepared to share in Chile. The change of location and the short notice with which it was decided created a big complication for us, financially and logistically. On top of this, for us in Bolivia the consequences of recent socio-political conflicts also were an obstacle that prevented us from implementing our strategy before COP 25.

    But we do not want to throw away the existing motivation and the accumulated work that we have done over approximately one and a half years, so we have continued to work to train young leaders. Our goal is to underpin the ability of young people to generate proposals and initiatives, both technically and politically, not only in their regions but also in international spaces.

    Do you think that the disappointing outcomes of COP 25 had something to do with the absence of many people who were ready to influence the agenda but could not participate?

    Yes, I think so. Without detracting from the work done by the countries and organisations that did participate, I think it ended up being a very improvised event, and if it had been held in Chile as planned, the results could have been a bit more significant and positive thanks to the presence and the participation of young people. For the first time, Bolivia was going to count on the participation of a group of young people recognised by the state, who were to carry out the mandate of a collective process developed in Bolivia’s nine departments through four or five prior forums.

    However, we are trying to have a constructive attitude in the face of this setback, and we are taking advantage of the extra time we have to get ready. We already have these young people who are in a position to formulate demands and proposals wherever it might be necessary to do so – be it in the UK, where COP 26 will be held, or in any other international event if the opportunity arises.

    Civic space in Bolivia is rated as ‘obstructed’ by theCIVICUS Monitor.

    Get in touch with the Pacha Gaia Foundation through itswebsite and itsFacebook page, or follow@GaiaPacha on Twitter.

     

  • BRAZIL: ‘Discrimination and hate speech are becoming normalised’

    Dariele SantosAs part of our 2019thematic report, we are interviewing civil society activists, leaders and experts about their experiences of backlash from anti-rights groups and their strategies to strengthen progressive narratives and civil society responses. CIVICUS speaks about migrant workers’ rights with Dariele Santos, the young founder of Instituto Alinha, a social enterprise focused on improving the work and life conditions of migrant workers employed in the fashion industry.

     

    When and why did you decide to create the Alinha Institute?

    When I was in college I had several jobs with which I supplemented my scholarship, and one of those jobs involved research on immigration issues, and more specifically about Latin American immigrants employed in the clothing industry in São Paulo. That’s when I began to speak with migrants and I learned about their precarious life and work conditions, that is, about the reality of the production chain in Brazil’s fashion industry.

    Brazil encompasses all steps in the production chain of this industry, from cotton production to garment manufacturing. The fashion industry is spread throughout the country, but its final link, the manufacturing of clothing, is highly concentrated in São Paulo, employing mostly migrant workers. Production is highly outsourced; clothing brands subcontract with sewing workshops that are involved in the various phases of the manufacturing process. The more workshops that are involved in the process, the more difficult it is to exercise some control and the more labour protections are lost. Many of these workshops are small and family-run, and function in the family's home, with all members of the family working, and getting paid by the piece. People work up to 90 hours per week because they get paid very little for each piece that they produce.

    When I learned the stories of these migrant workers, I began to realise the huge dimensions of the problem, and I also realised how little I had known about it, and how little we know in general about the fashion industry chain: we don't care the least about how the clothes that we wear are made. The problem of the huge inequality and injustice in the fashion industry chain is completely invisible. It is a super-luxury industry that generates a lot of money, but to the same extent, it is a chain of enormous exploitation.

    Along with a friend, I started thinking about starting a social enterprise that would apply technology to solve this problem, and we launched Alinha in 2014.

    What does Alinha do to improve the working conditions of migrant workers?

    The idea is simple: Alinha provides advice to sewing workshop entrepreneurs so that they regularise their businesses and guarantee adequate security and reasonable deadlines and pay, and connects them with clothing manufacturers and designers interested in hiring a workshop, thus ensuring fair conditions for all parties involved.

    More specifically, we begin by visiting the sewing workshops that sign up to receive advice, and we assess their deficits in order to recommend what they should do to get out of informality. We look at areas such as their forms of contracting, their health and safety conditions and their equipment. In our second visit we bring a work safety specialist. These workshops have a lot of fire hazards, because they store large quantities of cloth and tend to have precarious electrical installations; to make things worse, usually many children live in the houses in which the workshops operate. Once the safety assessment has been done, we prepare an action plan aimed at regularising the workshops or aligning them with labour and safety standards - hence our name of Alinha. We do it in plain language and translate the laws for workers. We provide the basics of accounting and help workshop owners calculate the required investment and how it would impact on product prices. Once the improvements have been made and we consider that a workshop has reached a minimum security and formalisation threshold, we upload its details to the Alinha platform so that it can get it in touch with brands and designers. Brands and designers come on our platform because they seek to change the way they produce and are willing to guarantee fair payment terms and deadlines. So we connect them.

    The prices of these products are surely higher than those of products made under conditions of extreme exploitation. Have you managed to convince consumers that it is worth paying more for them?

    We're on it. We know that it is important to connect consumers because they have enormous power in their hands: when choosing the brand they are going to buy, they can make the decision to support one that guarantees fair working conditions. But consumers can't really choose if they don't know which brands have contracts with our aligned workshops. That is why we have a platform where the aligned brands place data that users can check - for example, that they are making a certain number of pieces with such and such workshop, so that after the information has been added to the Alinha platform, the workshop can confirm on the phone that they are indeed making these pieces, earning a certain amount per hour, and working with such and such deadlines. When all the links in the production chain confirm the information, an identification code for the piece is generated to be placed on the garment’s label, so that the final user can track the garment’s history. All information and confirmations are stored in Blockchain, so that there is more security and trust in the information.

    We are also in the process of making a short film that tells the story behind the clothes, based on the story of a Bolivian migrant seamstress. The presentation of an individual’s story seeks to generate connection and empathy: we want the consumer to see a woman who has dreams and hopes similar to their own. We seek to ask the consumer a question: which story would you rather choose, one about exploitation or one about decent work?

    Do you think that the situation of migrants in Brazil has recently worsened?

    The problem of migrants is not recent; it comes from long ago. There are many migrants who have lived here, and worked in terrible conditions, for decades. Migrants who work in sewing workshops in São Paulo are mostly Bolivian, although there are many from countries such as Paraguay and Peru as well. Many of them first emigrated from their countries to Argentina, but when the 2008 financial crisis hit they moved to Brazil. The political and economic conditions back then - the Lula government and a period of strong economic growth - made Brazil a better destination.

    But it is difficult to be a migrant in Brazil. It is the only non-Spanish speaking country in the region, so difficulties in communication and access to information abound. Migrants without legal documentation or formal employment are afraid all the time. The psychological pressure is very strong: people refuse to leave the sewing workshops because they are afraid of being caught and forced to leave. Migrants fear the consequences of demanding their rights.

    While the migrant workers’ exploitation is not a new problem, and migrants’ fear isn’t new either, the situation has recently worsened. The new president, Jair Bolsonaro, represents the far right, and his discourse is extremely xenophobic. He places himself above the laws and above all democratic guarantees. His message to migrant workers is: ‘be thankful for all the good things you have here, and if there is something you don't like, you’d better leave’. The fact that hate speech is coming from so high up is emboldening people who always thought these things, but in the past would not say them and now feel it is legitimate to do so. In this sense, discrimination and hate speech are becoming normalised.

    This situation is replicated in various spheres. It is a dangerous time for activists working on human rights, environmental rights, women's rights, LGBTQI rights, black and indigenous peoples’ rights and migrants’ rights. There is a lot of fear because going against the government poses high risks. This has been clearly seen in the cases of Marielle Franco, the LGBTQI activist and councilwoman from Rio de Janeiro who was murdered in March 2018, and the LGBTQI congressperson and activist Jean Wyllys, who recently left Brazil because of threats against his life.

    Fortunately, not all Brazilians are receptive to Bolsonaro's discourse. We live a situation of high polarisation. While many have indeed moved towards the far right and have adopted nationalist positions, many people are also increasingly convinced that what needs to be done is to guarantee more rights to more people.

    In this context, what can rights-oriented civil society do?

    Civil society moves within narrow margins. Our strategy is to generate a discourse that creates empathy among public opinion rather than a confrontational discourse permanently criticising the president because this would create trouble with a broad sector of society that would immediately reject it as leftist. We are going through tough times: it is not advisable to announce that you fight for human rights because human rights are associated with the left rather than viewed as things that belong to everyone. That is why we find it more productive to focus on real people and their stories, to show the photo of a flesh-and-blood person and ask our audience, 'don’t you think this woman is a hardworking person, who is struggling just like you, and who deserves better working conditions, who deserves to get ahead?'

    It is really quite tragic to have to hide the struggle for human rights because it is not seen as a legitimate cause. Since President Bolsonaro was elected, a lot of activists have had to leave Brazil. Those who have stayed are being forced to choose: if they want to continue doing a direct, head-first kind of activism, they need to be willing to take risks. Nowadays, mine is a sort of diplomatic activism: I sit down to speak with businesspeople and I need to be open to chat with people who don't necessarily think like me or do things the way I think they should be done, but with whom I can achieve some progress.

    What international support does Brazilian civil society need to continue working?

    Although it may not seem obvious at times, because Brazil is considered a medium-high-income country, Brazilian civil society needs all kinds of support to continue working in this hostile environment. In my particular case, I was very fortunate to receive support from the Goalkeepers Youth Action Accelerator programme, which seeks to accelerate progress towards achieving the Sustainable Development Goals (SDGs). This programme supports a group of young activists who are using data in innovative ways to address SDGs 1 to 6, that is, to seek solutions to local development challenges related to poverty, hunger, health and well-being, education, gender equality and water and sanitation.

    This support has been super strategic, since it included funding, technical support and connections, and allowed me to acquire new tools. Many more initiatives like this are needed, because Brazilian civil society is shrinking, and not only because of the political climate but also because of the economic crisis that has been going on for several years. According to a recent study, more than 38,000 civil society organisations closed their doors in Brazil between 2013 and 2016, and many of them used to provide basic services to vulnerable populations. The segment of civil society that has suffered the most is the one working on development and human rights advocacy: more than 10,000 organisations that closed down used to work in favour of minorities, such as black people, women, indigenous people and LGBTQI people, and the rights of communities.

    Civic space in Brazil is rated as ‘obstructed’ by theCIVICUS Monitor.

    Get in touch with Instituto Alinha through itswebsite or itsFacebook andInstagram pages.

     

  • CHILE: ‘Anti-rights groups become stronger when their narrative emanates from the government’

    hector pujols

    As part of our 2019thematic report, we are interviewing civil society activists, leaders and experts about their experiences and actions in the face of backlash from anti-rights groups and their strategies to strengthen progressive narratives and civil society responses. CIVICUS speaks to Héctor Pujols, spokesperson for Chile’s National Immigrant Coordination. The Coordination is a network that brings together activists and organisations that work for the defence of the human rights of Chile’s migrant population and advocates for legislative advances and the implementation of inclusive public policies towards migrant communities. 

    Can you tell us what kind of work the National Immigrant Coordination does?

    The Coordination is a network of organisations, migrants’ groups and movements; we think that migrants need their own organisations. The Coordination has existed since 2014, but many organisations that are part of it, especially those of Peruvian immigrants, have been around for 20 to 25 years. Our membership is diverse and includes cultural organisations; thematic ones, dedicated for instance to labour or housing issues; sectoral ones, such as the Secretariat of Immigrant Women; those that are territorial in nature, linked to particular communes; and others that are organised by nationality, and seek to provide spaces and opportunities to Argentine, Ecuadorian, or Peruvian communities.

    One of the Coordination’s main tasks, although not the only one, is political advocacy at the national level to improve the inclusion of the migrant population. We do it by organising ourselves as migrants, and coordinating with other organisations, including unions and civil society organisations of other kinds. 

    What does the Coordination think about the draft Aliens Law currently under debate in the Chilean Senate?

    Historically, at least in contemporary times, Chile has not had a flow of immigration of comparable dimensions to other Latin American countries. The phenomenon increased in the 1990s, with Bolivian and Peruvian immigration flows, but it has been over the past 10 years that it has become more significant, with an increase in the number of immigrants coming from other countries in the region, mainly Colombia, the Dominican Republic, Haiti and, more recently, Venezuela.

    In this context, about five or six years ago talk began about the need to update the 1975 Aliens Act, which had been established in the context of the dictatorship and had a national security focus. This law views the migrant as a foreign agent, an ideological agitator, someone who seeks to import the revolution. When this law was made during the dictatorship, the migrant that lawmakers had in mind was the typical one of times of the Popular Unity, Chile’s former leftist ruling party – Argentinians, Cubans and Uruguayans who came to support the leftist government or were seeking safe haven after fleeing other governments that persecuted them.

    The new migratory context is quite different, and there has been broad consensus that the 1975 law does not conform to the current reality. For years the Coordination and other organisations have been demanding a new legal framework that enables the inclusion of the migrant population.

    However, the debate has been complex and over the past year, after President Sebastián Piñera‘s inauguration, the government introduced a very similar bill to the one they had already submitted to Congress in 2013: one that shifts the focus from the foreigner viewed as an external agitator towards the foreigner as an economic asset, whose value depends on how much money they bring in their pockets. A complex debate ensued in which Chile has tried to position itself in the world by adopting a visa system similar to those of countries such as Australia or Canada, without the understanding that the migratory context and the characteristics of immigration in Chile are not the same as in those countries. This bill has already been passed by the House and is now in the Senate.

    We think that, if passed, this law would greatly encourage irregular migration, which is already a big problem in Chile. It would encourage people to arrive as tourists and overstay their visas, with no prospect of regularising their situation even if they get a job. An irregular migratory status negatively affects access to all rights – to health, education and even to decent work. A person who cannot sign an employment contract will work anyway, because they have to make a living, but they will do so in much more precarious conditions. In sum, on the surface the bill adopts civil society discourse on the need to renew the legal framework, but it is fundamentally an anti-rights initiative.

    The exercise of civic freedoms by migrants seems to have intensified. How do migrants view themselves in relationship to their citizenship status?

    I think we do not see the exercise of our rights to organise, mobilise and claim our rights as tied to any citizenship status because the Chilean Constitution equates citizenship with nationality, as a result of which foreigners cannot be citizens. However, the Constitution also establishes that after five years of residence foreigners are allowed to vote. And regardless of length of residence or the rights assigned to us by the Constitution and the laws, in practice we exercise other rights that are related to being a citizen - we organise, mobilise and do political advocacy, even though this is banned by the Aliens Act.

    The Aliens Act lists attacks against the interests of the state and interference with political situations of the state as reasons for expulsion. The ways it is interpreted and enforced are very arbitrary: it always results in the expulsion of people with progressive or critical views, rather that people with far-right political leanings. Not long ago, in 2017, some young Peruvians were expelled for having books on Marxism. The Coordination submitted an amparo petition – an appeal for the protection of basic rights – and won, but the expulsion order had already been executed and they were already out of the country.

    This was not an isolated case; there have been several others. An Italian journalist was expelled because he did visual communications for the mobilisation process of a very important union. A Basque colleague was also expelled because of his involvement with the indigenous Mapuche communities; he was accused of having links with ETA, the Basque terrorist organisation. This was proven false but he was expelled anyway. All this happened under the administration of former President Michelle Bachelet, that is, independently of the incumbent government’s leanings.

    You were in the middle of the discussion of the bill when calls for an anti-migrant mobilisation began. Who were the groups behind this mobilisation?

    These groups were not new. They had already made another call before but it had not resonated as it did this time. These are groups linked to a long-existing far right, the kind of far right that never dies in any country. Although perhaps its presence declines at times, it always remains latent, waiting for the opportunity to resurface. These are groups that defend the dictatorship but know that if they go out to the streets to shout ‘Viva Pinochet’ many people will reject them. So they find different themes that allow them to further their narrative. For instance, they took advantage of the salience of the rejection of so-called gender ideology and joined anti-abortion marches, and now they are working around the issue of immigration.

    Far-right groups are characterised by an extremely simple and exclusionary discourse: the other, the one that’s different, the one coming from outside, the stranger who is not Chilean – they are the enemy, because they are the cause of all the country's ills. These groups come from various places, but they all find protection under the current government’s institutional discourse, which blames everything on immigration. Weeks ago, President Piñera said that the increase in unemployment in Chile was caused by the arrival of migrants, even against his own Minister of Labour’s denials. His former Minister of Health said that the increase in HIV/AIDS in Chile was the migrant population’s fault. This institutional discourse, based on falsehoods, is taking root and is being taken advantage of by far-right groups.

    What explains the fact that this time around they have had more of an appeal than in the past?

    These groups become stronger when their narrative emanates from the government. The proposals put forward by the far right are the same as the government’s: for example, to deny healthcare to people with under two years of residence and to eliminate access to education. The government says, ‘let’s take rights away from immigrants’ and these groups move just one step further and say, ‘let’s kick immigrants out’. The underlying diagnosis is the same in both cases: we are being invaded, they are coming to take our jobs, they are coming to take our social benefits, Chile First.

    Additionally, in this case social media is playing an amplification role. These groups have learned how to use social media. They learned a lot from Brazil’s experience; some actually travelled there to support then-candidate Bolsonaro. The skilful use of Facebook, Instagram and Twitter allows them to reach a wide audience –­ the Chilean who is going through hard times – to whom they offer a simple explanation and a solution: you can't find work; the fault lies with immigrants; the solution is to throw them out.

    You mentioned a curious phenomenon: ultra-nationalist far-right groups that become internationalists, by networking, collaborating and learning from their peers in other countries.

    Yes, there is an ongoing international process in which the Chilean far right learns from what the Argentine far right does, and the Argentinian far right learns from that of Brazil, and so on. The narratives we have heard in Chile are an exact copy of those used by the extreme right in Spain, where the phenomenon of the far-right Vox party emerged almost a year ago. They are an exact copy, even though the Chilean reality is very different. In Spain, the claim that migrants take up all social support was very intense, and in Chile the same discourse was attempted, since it is an international tactic, but not surprisingly it had less of an impact because social support in Chile is very limited. So it is not always working for them; it is a matter of trial and error. But these groups do form a network that is becoming stronger internationally, which is very worrying.

    These groups summoned a mobilisation against immigrants that was scheduled for 12 August 2019, but in the end the march did not materialise. Can you explain what happened?

    The call to the march was spread through social media, and a far-right influencer, a member of one of the organising groups, called on protesters to bear arms to defend themselves against the anti-fascist groups that had summoned a counter-demonstration.

    In Chile it is necessary to request an authorisation to hold a street mobilisation, and in the capital, Santiago, the Municipality is in charge of giving the authorisation. After several conversations, and under pressure from socialorganisations and the Bar Association, which requested that the permit be denied, the Municipality did not authorise the march. There were some isolated incidents caused by about 20 people who attended notwithstanding, but not much else happened.

    The Coordination convened another event on the same day, given that it was complicated for us to support the counter-demonstration held by anti-fascist groups in light of the limitations placed on immigrants’ rights to political participation. On that very same Sunday morning we held an event at the Museum of Memory, a space dedicated to the victims of the dictatorship. The focus of our call was the rejection of hate speech, which today happens to be targeted against immigrants but at other times has been targeted against women or against those who thought differently, and which leads to the practices we experienced under the dictatorship. When you dehumanise a person then you can then torture her, drop her body into the sea or make her disappear. That was our response. Around 150 people attended, which is not that many, but it should be enough to show that we are also part of this country and that we have memory.

    What strategy should adopt the civil society that advocates for the human rights of migrants in the face of anti-rights groups?

    These groups are here to stay, and they have already planned a new demonstration for 7 September 2019. The prevalent narrative focuses on an alleged migrant invasion, so ours is a dispute for common sense, a long-term struggle. We work in a strategic partnership with progressive and democratic movements, but these need to put aside their paternalistic attitude towards the migrant population. We do not want to be treated as helpless people in need of assistance; that is why we are an organisation of migrant persons, not an organisation that defends the rights of migrants. We do not want paternalistic aids; we want equal rights.

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

    Get in touch with the National Migrants’ Coordination through itswebsite, read Héctor Pujols’blog or follow@HectorPumo and@MigrantesChile on Twitter.

     

  • CHILE: ‘There has been a citizen awakening of historical proportions’

    soledad munozProtests broke out in Chile in October 2019, initially led by students rejecting an increase in the price of transport and quickly escalating into mass demonstrations urging structural change. Protests were repressed with savagery by security forces. CIVICUS speaks about the protests with Soledad Fátima Muñoz, a Chilean activist and the founder of a mentoring programme and feminist festival,Current Symposium. (Photo by Kati Jenson)

    How did something that started with a small increase in the price of the metro ticket become a mobilisation of unprecedented dimensions?

    The first thing to clarify is that this was not caused just by an increase in the price of the metro ticket, nor is it an isolated protest. Mobilisations against the abuses derived from the neoliberal system have been a constant occurrence in Chile over the years. Among these were mass protests against the privatised pension system, against the Trans-Pacific Economic Cooperation Agreement and against the Fisheries Law, feminist protests and protests by the movement promoted under the slogan ‘Ni Una Menos’ (not one less), mobilisations about the historic debt owed to teachers, the student protests held in 2006 and 2011, and the more recent mobilisations by students against the so-called Safe Classroom Law. On top of this, there’s the outrage caused by systematic state repression of the Indigenous peoples in Wallmapu, the deaths of Camilo Catrillanca and Macarena Valdés, and the imprisonment of Machi Francisca Linconao and Lonko Alberto Curamil, among other political prisoners. Combined with a generation-long dissatisfaction with the impunity granted to those responsible for the tortures, disappearances and killings of thousands of people under the dictatorship led by Augusto Pinochet, this produced an environment conducive to a citizen awakening of historical proportions. After years of abuse, the Chilean people woke up and want a new constitution, since the current one was drafted under the dictatorship and was designed to promote social inequality.

    The big difference between the current protests and all the previous ones is the response they triggered from the government of President Sebastián Piñera, who declared a state of emergency and a curfew, unleashing a police and military repression against the Chilean people that is only paralleled by the crimes perpetrated during the dictatorship.

    The protests are not being centrally organised and are not guided by a single political motto; there are many independent initiatives calling for people to gather and demonstrate, through social media or through various independent information channels. Some of the most widespread demands call for a constituent assembly to write a new constitution. Frequently demanded are the nationalisation of basic services and natural resources, including copper, lithium and water. There are also demands for direct democracy and binding referendums, the prosecution of political and economic corruption, respect for Indigenous peoples and plurinational sovereignty, and for health, education and decent pensions. On top of these there are also more specific demands, such as raising the minimum monthly wage to 500,000 Chilean pesos (approx. US$650), reducing legislators’ salaries and raising taxes on the richest.

    These were the reasons why the movement began, but in the face of excessive state repression, citizens are now also demanding the resignation and prosecution of President Piñera and all the people involved in the systematic violations of human rights that have taken place over the past month.

    Twenty deaths have been reported during the repression of the protests, in addition to large numbers of people injured and under arrest. Could you describe the human rights violations committed against protesters?

    It is difficult to estimate right now the human rights violations that are being committed by the Piñera administration, since – as was also the case under the dictatorship – thousands of detainees are being kept incommunicado. That is why, when people are taken away in the streets, they shout out their name, surname and identity card number. The latest official figures from the National Institute of Human Rights (INDH) account for 335 legal actions initiated, 489 victims represented, 6,199 people under arrest – 726 of them minors – and 2,365 injured people registered in hospitals. But it is difficult to confirm the veracity of these figures since the institutions that disseminate them may have been pressured by the government.

    The INDH in particular partly lost its credibility when its director denied the existence of systematic human rights violations in our country on an open-air TV programme. That was simply a lie, since the institution itself had submitted complaints in the face of arbitrary actions by the police and the military. More than 200 cases of eye mutilations have happened as a result of the excessive use of pellets by the police, and there have been numerous cases of mistreatment, sexual violence and torture in detention centres. Additionally, there was an instance of repression at a school, Liceo 7 in Santiago, where a carabinero, a member of the military police, fired against students who were inside the building. There have also been raids on private homes and arrests made out of cars without police identification.

    On top of repression by the security forces, there is a group of citizens who call themselves ‘yellow vests’ and say their mission is to maintain civic order and protect the work of the police, but in reality they are a violent far-right group. Among its members is John Cobin, who fired a firearm at a protester in broad daylight on the busy streets of the Reñaca resort. He belongs to the League of the South, a white supremacist organisation from California.

    What immediate actions should the Chilean government take to safeguard civil rights and democratic freedoms?

    A month into the protests, the government has not yet listened to its citizens, and instead has responded with increasing violence. In the early hours of 15 November, lawmakers reached a political agreement behind closed doors, named the ‘Peace Agreement’ which would lead to a new constitution. The agreement guarantees a ‘blank slate’ for free discussion to take place and establishes that the call for a constitutional convention is going to be done through a public referendum. But part of the mobilised citizenry is not satisfied with either the deadlines or the required quorum of two thirds established for decision-making by the constituent body, since they think it will redirect the current democratic process towards a system designed to protect the political class and prevent minority voices from gaining power.

    I think what’s most important at this moment is the security of the citizenry and, above all, of the communities at greatest social risk, which are not only the most affected by the neoliberal system, but are also at the epicentre of the undiscerning violence applied by carabineros and the armed forces. An example of this happened in the community of Lo Hermida, in Peñalolén. After the authorities announced that they would not build the decent homes they had promised, inhabitants occupied the Cousiño-Macul vineyard. `Police repression was not long in coming, and in just one night 200 people were injured, two of them with severe eye trauma. In addition, carabineros broke in and threw pepper gas into homes with older people and minors inside.

    It is time for the Piñera government to stop the repression, release the more than 6,000 protesters who are currently being held in detention centres, take responsibility for the consequences of its actions, and – for the first time in Chilean history since Pinochet – end impunity for the systematic human rights violations that have been committed. The Piñera government must respond before the law for the more than 20 people who have been killed and the 200 that experienced eye mutilations, plus the torture of minors and sexual abuses against women, men and non-binary people, since all of these were consequences of the lousy decisions made by the government, and would have been at least partly avoided if they had maintained a direct dialogue with the public since the beginning. In this regard, the slogan chanted on the streets is: "There is no peace without justice."

    Do you think that the mobilisations in Chile are part of broader regional trends?

    What is happening in Chile is structurally international, since it derives from the austerity measures perpetrated by neoliberalism. Chile’s current socio-economic system is rooted in European colonialism and was enshrined by Pinochet’s coup d'état in 1973. Specifically, it came from a group of students belonging to Chilean elites who studied in the USA in the mid-1950s, where they absorbed the ideology of extreme monetarism and neoliberalism, under the tutelage of Milton Friedman and Arnold Harberger. These students – nicknamed the ‘Chicago Boys’ – served as finance and economics ministers under the dictatorship and introduced extreme privatisation measures. These measures were accepted and naturalised by a citizenry that was in a state of shock and repression.

    The consequences of this privatisation translate into abuses perpetrated by multinational corporations that are enabled by governments around the world. In Chile, a good example of this is the case uncovered by journalist Meera Karunananthan in an article published by The Guardian in 2017. The author explains that the Ontario Teachers' Pension Plan is the largest investor in Aguas del Valle, Essbio and Esval, which control 41 per cent of the water and sanitation system in Chile. This is possible because the constitution allows for the private ownership of water, which has left entire communities in a drought situation and unprotected by the law. However, in 2010 the United Nations’ General Assembly passed a resolution recognising access to water and sanitation as a human right. This means that in Chile human rights are violated not only through police repression but also through the maintenance of an unfair and abusive economic system.

    The example cited above is just one within the great chain of international abuses perpetrated by corporations, including by the Canadian company Barrick Gold and the Norwegian state company Statkraft, which continue to abuse the policies of the Chilean subsidiary state and threaten our planet. That is why we must raise awareness at an international level so that the decisions of the Chilean people are respected and protection is provided to Indigenous peoples, without blockages or political interventions protecting foreign capital and perpetuating the destruction of our environment.

    What support does Chilean civil society need from international civil society in this process?

    At this time, it is important to recognise and create international awareness about the abuses committed against the working class, Indigenous peoples, Afro-descendant communities and sexual minorities. I personally have learned a lot in the course of these mobilisations. One of the most subversive things that citizens are doing is rejecting the right/left binarism that has so severely affected Latin American societies and that has been used by neoliberal governments as an excuse to repress working people. The prevalence of citizen politics that do not identify with any dogmatic position on the right/left spectrum meant that the government could not identify an ideological enemy and ended up declaring war on its own people.

    Mainstream national and international media are misrepresenting the facts and building a narrative against the mobilised population. But unlike what happened in the past, we are now equipped with phone cameras and can report directly. I invite people around the world to get informed through independent media and civil society channels to really know what is happening.

    Civic space in Chile is classified as ‘narrowed’ by theCIVICUS Monitor.

    Get in touch with Soledad Muñoz through herwebsite or followmúsica_del_telar on Instagram.

     

  • CHILE: ‘There's radical discontent with how the country's been ruled for decades’

    Nicole Romo

    Protests broke out in Chile in October 2019, initially led by students rejecting an increase in the price of transport and quickly escalating into mass demonstrations urging structural change. Protests were repressed with savagery by security forces. CIVICUS speaks about the protests with Nicole Romo, director of the public policy area of ​​the Community of Solidarity Organisations (Comunidad de Organizaciones Solidarias), a network of more than 200 Chilean civil society organisations that work to combat poverty and exclusion. Together, its member organisations work with more than 900,000 people, mobilising around 11,000 staff members and over 17,000 volunteers.

     

    Why did protests break out in Chile, and what made them escalate as they did?

    The social outbreak in Chile came after decades of the promotion of a development model that focused on creating wealth, which for years was distributed with no fairness or justice. Individualistic, short-term and assistance-based social policies that deeply damaged social cohesion and the community and collective sense of wellbeing were implemented. Alongside this there were housing policies that segregated Chileans into ‘rich’ and ‘poor’ territories where access to goods and services was distributed in the same way, a pension system that impoverishes senior citizens, lack of access to healthcare in a timely manner and with adequate quality standards, and an education system that also segregates and grants diametrically opposed opportunities to the rich and the poor.

    In this context, the motto ‘it is not about 30 pesos, it is about 30 years’, which was heard a lot during the protests, expresses quite well the feeling that prevailed among the citizenry. Although this social movement began with students massively evading payment of public transportation fares, after a rise of 30 Chilean pesos in the cost of a metro ticket, deep-seated malaise has been accumulating for over 30 years. There have been several protests to advance various social demands over the years, but this profound discontent had never been heard or even made visible. The social eruption of 18 October 2019 was the result of the accumulation of radical discontent with the government and the way the country has been ruled for several decades.

    How have people and civil society organisations reacted to the protests?

    The national state of mobilisation that we are experiencing has clearly shown that two Chiles coexist within the same territory – two Chiles that do not know each other and do not intersect. This division is the brutal expression of the difference in the quality of life between those who have privileges and those who don’t. Our country spent the past few decades convincing itself that achievements are based on individual merit, that each person’s efforts are the only guarantee of social mobility, which in fact, as shown by a variety of studies, is absolutely untrue.

    In the face of this, data from various surveys show a high rate of approval of social demands among citizens. On the other hand, people are more divided when it comes to violence, and especially the forms of violence that have resulted in damage to public and private infrastructure, such as looting, the destruction of stores and the burning of commercial premises and other types of services, as well as regarding violence by state agents, who have been responsible for numerous human rights violations.

    How has the government reacted to the protests?

    The government has handled this conflict in a quite regrettable way, by mainly emphasising its security agenda, criminalising protests and furthering a legislative agenda focused on punishing protesters, which reveals their lack of understanding of the nature of the protests, their demands and their urgency.

    The social agenda proposed by the government is quite weak. It does not seek to make radical changes to existing structures that deepen inequality and does not guarantee the rights of all people. The changes and the contents of the social agenda led by the government are not up to the protesters’ demands and their urgency. Its numerous initiatives and measures involve limited improvements, which are necessary but will not affect the structures that reproduce unfairness in our country; therefore, they only duplicate the same old short-term public policies that are not based on a rights approach and focus on the individual rather than on the needs of the thousands of families in vulnerable conditions.

    The latest reports speak of dozens of people dead and hundreds injured. Could you describe the extent of the repression and human rights violations committed during the protests?

    Since the protests broke out in Chile, numerous human rights violations have been committed by state security agents. These violations have been denounced by national and international organisations, but the state has tended to downplay them.

    It is essential for us to reiterate that at all times unrestricted respect for human rights must prevail, and that each case of violation must be investigated, resulting in punishment for the perpetrators and reparation for the victims. Civil society is key in monitoring and watching over these processes, to ensure that they remain transparent and foster accountability of the state.

    Data from the National Institute of Human Rights indicate that in 48 per cent of the observed cases of detention, detainees were protesting peacefully, regardless of whether or not they were occupying roads. Likewise, gases were used indiscriminately in 56 per cent of recorded cases, and in 60 per cent of the cases observed, force was not used in a graduated way, and was instead applied without prior notice and in the absence of any kind of dialogue. There were 2,727 documented cases of injured adults who were treated in hospitals, as well as 211 children and adolescents, and 241 people with eye injuries. There was also a series of human rights violations against people detained and held in police stations. The most frequent of these was the excessive use of force during detention, with 751 cases. Overall, 190 cases of sexual harassment or sexual violence were recorded, 171 of them being cases in which detainees were stripped naked.

    How have people and civil society organisations responded to the state repression and rights violations that occurred during the protests?

    We have responded without fear. Entire cities have shouted fearlessly in protest at the human rights violations that occurred during the past months. Many people have compiled testimonial material to make visible the level of exposure and violence they experienced during the protests.

    From civil society organisations the responses have been diverse, but generally speaking all organisations have called for non-violence and the establishment of new spaces for dialogue leading to the strengthening of a society based on social justice and fairness. Without a doubt, civil society organisations have played a prominent role, promoting the establishment of meeting spaces and helping present the demands of the citizenry. This was done through the creation of a large network of networks called the New Social Pact, which brings together more than 600 civil society organisations that have worked tirelessly to search for real solutions to substantial demands.

    The Community of Solidarity Organisations supports the principle of nonviolence and since day one of the protests we voiced the need for unrestricted respect for human rights. Even if it is not our field of work, we believe that this outbreak revealed how urgent it is to restructure the police forces. We faithfully believe in the data published by the National Institute of Human Rights, and we know that their work is conscious and rigorous, as is the report delivered by Amnesty International, so as civil society we will support from our field of work all actions aimed at bringing reparation for the rights violated during the protests.

    What immediate measures should the Chilean government take to overcome this crisis? What are the chances of this happening and a lasting solution being reached?

    A lasting solution would require a long process of construction and change including short-term, medium-term and long-term measures.

    The short-term and medium-term measures are related to the social agenda, which has three dimensions. The first consists in improving the quality of life through measures on issues such as health, education and pensions. The second dimension includes measures to end abuses by economic and political elites and close the gaps in justice administration between cases involving members of the economic elite and ordinary citizens, who face completely different sanctions for committing crimes: ‘ethics classes’ for the former and effective jail terms for the latter. The third dimension involves raising the resources that the state needs to implement a deep and powerful social agenda. Chile requires a tax reform to increase revenue and needs a much more efficient tax management system.

    The long-term axis refers to a constituent process whose main milestones have already been established: an initial referendum, the election of representatives and a ratification referendum. However, conditions guaranteeing participation by a cross section of people, equitable representation, gender parity, minority quotas and independent candidacies have not yet been achieved. Without these conditions in place, the legitimacy of the constitutional process will severely weaken.

    Civic space in Chile is classified as ‘narrowed’ by theCIVICUS Monitor.

    Get in touch with Comunidad de Organizaciones Solidarias through theirwebsite orFacebook page, or follow@ComunidadOrgSol and@nromo_flores on Twitter.

     

  • CHILE: ‘This historic constituent moment was achieved by citizens’

    CIVICUS speaks with Marcela Guillibrand De la Jara, Executive Director of the Chilean Volunteer Network (Red de Voluntarios de Chile) and General Coordinator of Now It’s Our Time to Participate (Ahora Nos Toca Participar). The Volunteer Network is a national platform that brings together Chilean civil society organisations (CSOs) that promote voluntary action. Now It's Our Time to Participate is an initiative of social organisations gathered in the New Social Pact (NPS-Chile) that seeks to contribute to strengthening democracy and social cohesion by promoting citizen participation in the plebiscite on a new constitution scheduled for October 2020 and in the constituent process that the plebiscite is expected to trigger. The campaign focuses on citizen training, the creation of spaces for dialogue and the generation of proposals to feed into the constituent process.

    Marcela Guillibrand

    In late 2019, a referendum was called in order to trigger a constituent process. To what extent was this the victory of a mobilised society?

    In October 2019, Chile reactivated its political and social life, collectively and throughout its territory. Citizens took to the streets to meet, to speak and take part in politics, as they had not done for a long time. This is how specific and unconventional participatory experiences emerged, locally rooted and with a local identity, mixed with expressions of discontent and frustration towards the structural inequality that had developed and manifested in our country for a long time.

    All this was initially motivated by young people’s dissatisfaction with an increase of 30 pesos (approx. US$0.33) on the price of the ticket used in the Chilean capital’s transportation system, the Metro. In reaction to the increase, demonstrations took place, initially in the form of fare evasion but eventually embracing slogans such as ‘It's not 30 pesos, it's 30 years’, a reference to the time that we have been living in a democracy – since our democratic transition took place in 1990 – and the feeling, shared by a large part of the population, that we have not been included in the decision-making process. This was fuelled by high levels of mistrust in institutions, great political disaffection and the reaction against a model that pushed our country towards more individualistic views and forms of participation in all areas.

    Faced with a level of mobilisation that did not relent, on 15 November 2019 political parties across the spectrum signed the ‘Agreement for Social Peace and a New Constitution’. As a result, citizens were given the opportunity to decide if they want a new constitution through a plebiscite that will be held on 25 October 2020. In the plebiscite, citizens must also select the mechanism that would be used to draft a new constitution: a constitutional convention, a body fully elected for the purpose of drafting the constitution; or a mixed constitutional convention, which would include both current Congress members, who would make up 50 per cent of the body, and representatives elected exclusively for this task, who would make up the other 50 per cent. A large part of society views this process as opening up a unique opportunity for us to choose freely the Chile we want. Although technically what gave rise to this opportunity was an agreement between various political groupings, this historic constituent moment was achieved by citizens.

    Within this process, civil society has also made historic progress on gender issues. Various social organisations that have long worked very hard to promote and defend women’s rights pushed the demand for gender parity in the constituent process, and managed to impose it thanks to the echo they found among various political groups represented in Congress. If the option in favour of drafting a new constitution wins in the plebiscite, the gender parity rule will apply in the election of constitutional delegates. The rule, however, will only be fully operational if the constitutional convention alternative prevails, since in that case all members of the constituent body would be elected in a single election. If the mixed constitutional convention alternative is chosen, the parity rule would apply to the half of the body that will be elected, but not to the half that will be made up of legislators who already occupy congressional seats.

    What stance has Chilean civil society taken regarding the prospect of a constitutional reform process?

    As the plebiscite date approaches, interest on the subject has increased. We have had localised quarantines for more than five months due to the COVID-19 pandemic, and the organisations with which we interact have had their attention focused mainly on the survival of their programmes and supporting their target populations, since economically the pandemic has hit them very hard. Even so, little by little they have shown growing interest in constitutional issues. For our part, we have stayed connected with them and we have worked together to offer them a platform that contains citizenship training materials that they can use and to coordinate various spaces to conduct training through digital platforms and other mechanisms suited to reach a variety of territories, such as radio and text messaging.

    It is in this context that we launched Now It’s Our Time to Participate, an initiative of the New Social Pact (Nuevo Pacto Social) network, which brings together just over 700 CSOs. The initiative seeks to guarantee the training of citizens and citizen participation in the context of the constituent process that will likely take place. Our focus is on activating citizens, providing them with training tools and jointly generating spaces for participation and dialogue to regain prominence in decision-making in our country. For this, in the run-up to the plebiscite, we have organised a range of key content in several sections – citizen participation, constitution and constituent process – that we have made available to citizens and CSOs through our web platform, www.ahoranostocaparticipar.cl, as well as on social media and through other means. On the basis of this content we have developed a range of training options that include accessible materials in various languages, such as Aymara, Mapudungun and Rapa Nui, as well as in Creole. The idea is that all the people who wish to can find answers in these materials about the constitution and the likely constituent process, in order to be able to take part in the plebiscite in a free and informed manner and thus contribute to achieving the most massive vote in Chilean history.

    The plebiscite had originally been planned for April before being postponed to October due to the pandemic. Have there been any conflicts or disagreements regarding the postponement and the new date?

    The health scenario created by the pandemic forced the relevant institutions to move the date of the plebiscite to October. The section of civil society with which we interact understood that this change was necessary based on a higher common good, people’s health. At the moment we take for granted that the plebiscite will take place in October, since the institutions that could make the decision to change the date have not yet done so, so we continue to work based on that date. Currently, issues related to the implementation of the plebiscite are being discussed. They focus firstly on health safeguards, but also on how to promote citizen participation in this process, which will undoubtedly have very different characteristics from what we are used to. Intersectoral working groups have been set up to work on the issue. First, the Senate set up a forum to receive recommendations and analyse the comparative experiences of other countries that have been in the same situation. Then the Electoral Service kept the forum to continue working along the lines of guaranteeing a safe and participatory plebiscite. Various CSOs have been invited to participate, including Now It's Our Time to Participate. Jointly with these organisations, we have produced a document with recommendations that range from health issues to campaign regulations, and also includes issues such as access to information and citizen capacity development, which is what we work on. This space continues in operation.

    Are measures being taken so that people’s participation in the campaign and vote is not undermined by the effects of the pandemic?

    The current pandemic scenario is naturally forcing us to adopt safeguards. The electoral advertising phase kicked off on 26 August, so now it is possible to disseminate campaign materials in public places that are expressly authorised by the Electoral Service, as well as on the media. Debate is taking place with great force on social media, which given the need to take precautions, avoid crowds and physical contact and respect sanitary restrictions decreed by the authorities, is currently the main space to gain visibility.

    What to do to guarantee everyone’s right to participate on the day of the plebiscite is something that has been under discussion. As a consequence of the COVID-19 pandemic, some places in our country remain under confinement, multiple sectors are quarantined due to the presence of active cases, and there are municipalities that had initiated a deconfinement plan but then had to back off due to new outbreaks of the virus.

    How do we guarantee the right to participation of those people who are infected with COVID-19? What alternatives do we have? These are the kind of questions that are being debated by both the public and the relevant authorities who are in a position to respond to these demands.

    Along these lines, alongside various CSOs we are promoting a series of recommendations that address not only the sanitary aspect – so that COVID-19 patients can vote – but also issues such as ensuring access to timely information and citizen capacity development to all those people who have historically been excluded from participation for multiple reasons, including due to not having adequate information channels to receive content, or content not being available in a variety of languages. In this sense, it is important that every effort be made to guarantee the right to participation, not only to those who at this particular time might not be in a position to exercise it for health reasons, but also to those who have historically found themselves in a more vulnerable situation, such as older adults, Indigenous peoples, rural populations, women, LGBTQI+ people and migrants.

    Civic space in Chile is rated as ‘narrowed’ by theCIVICUS Monitor.
    Get in touch with Now It’s Our Time to Participate through itswebsite,Instagram or itsFacebook page, and follow@ahrnostoca and@marbrandd on Twitter.

     

     

  • CIVICUS and Colombian Confederation of NGOs concerned about aggressions and impending restrictions on civil society

    Click here to read a Spanish language version of this release

    CIVICUS, the global civil society alliance, and the Colombian Confederation of NGOs (CCONG) are deeply worried about the growing challenges faced by civil society in Colombia. Several activists have been attacked while potentially restrictive legislation is underway and would curtail civil society organisations’ ability to contribute to the implementation of the peace agreements.

     

  • CIVICUS calls on Nicaraguan authorities to withdraw new bill threatening freedom of association

    A new bill introduced in Congress by lawmakers from Nicaragua’s governing party would severely restrict freedoms of association and expression if passed into law, global civil society alliance CIVICUS said today. Introduced on 22 September, The Foreign Agents Law (“Ley de Regulación de Agentes Extranjeros”) would require individuals and organisations that receive overseas funding  to register as “foreign agents”. Those registered as such would be banned from participating in activities relating to domestic politics.

    This legislation would give government ample discretionary powers to control and muzzle civil society, including the power to freeze assets of organisations and people classified as “foreign agents” who fail to register within 60 days. It would also ban anonymous donations, require individuals and organisations to submit detailed monthly reports on funding and use of resources, and allow the government to cancel the registration of organisations not meeting requirements.

    Similar legislation implemented in other countries, including Russia, has had a chilling effect on civic space, leading to the closure of many organisations and the discrediting of civil society activists. CIVICUS calls on the Nicaraguan Congress to reject the proposed bill and guarantee an enabling environment for civil society organisations and human rights defenders.

    “This law would significantly obstruct the operation of civil society organisations in Nicaragua and contribute to the stigmatisation of activists and human rights defenders. Nicaraguan authorities have repressed peaceful protests, sought to silence critical voices and are now attempting to take away people’s right to freely associate,” said Natalia Gomez, CIVICUS Advocacy and Campaigns Officer.


    Background

    In April 2018, widespread protests for social rights set off a crisis in Nicaragua which persists to date. Violations during this crisis have left over 300 protesters dead and more than 100,000 people forcibly displaced. While mass mobilisations have abated, the persecution and criminalisation of political dissidence has continued. Opposition politicians, independent journalists and human rights defenders have faced systematic harassment from security agents and from civilian pro-regime groups. 

    For more information on civic space violations, visit the Nicaragua country page on theCIVICUS Monitor 


    ABOUT CIVICUS

    CIVICUS is a global alliance of civil society organisations dedicated to strengthening citizen action and civil society around the world. CIVICUS has more than 10,000 members worldwide.

    The CIVICUS Monitor is an online participatory platform that monitors civic freedoms, including the freedoms of expression, association and assembly, in 196 countries across the world.

     

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