USA

‘Democracy is not failing the American people - politicians are’
Ahead of the publication of the 2018 State of Civil Society Report on the theme of ‘Reimagining Democracy’, we are interviewing civil society activists and leaders about their work to promote democratic governance, and the challenges they encounter in doing so. CIVICUS speaks to Jaclyn Corin and Matt Deitsch, from March for Our Lives, a student-led demonstration held on 24 March 2018 in Washington, DC, with hundreds of sibling events throughout the USA and around the world, in demand of tighter gun control. The march was organised in reaction to the February 2018 shooting that left 17 people dead at Marjory Stoneman Douglas High School in Parkland, Florida.

1. Is democracy failing the American people, and young Americans in particular?
JC: I don’t think democracy is failing Americans, but I do think we need to remember what democracy really is, because right now our politicians are not embracing its true definition.

MD: There are parties that are actively trying to obstruct democracy; there are people trying to suppress voters, whether by voter ID laws, or through registration procedures. The change towards automatic registration in several states is a big step in the right direction, allowing anyone to vote who is eligible. Mass incarceration is also a form of voter suppression, so there are things happening in the US that do suppress democracy. And nobody is free until we are all free, so we need to step up and fight for those who have their power taken away by this unfair system.

JC: It is just a matter of Americans taking advantage of their democracy, because a lot of people don’t realise that they do have a lot of rights. One of them is the right to vote, and many people don’t take advantage of it. So it is a matter of showing people that one vote can make a difference, even though the prevailing thought has long been ‘I’m only one person, I can’t do anything’.

2. What was different about the Parkland shooting? Why do you think it was this particular event that sparked a movement like #NeverAgain, in a context in which mass shootings, and school shootings in particular, have become almost routine?
JC: When this happened, and we were there, we weren’t even that surprised. I remember being in the classroom and thinking ‘this makes sense’. Because I grew up seeing mass shootings, they were all over the place on television. I wasn’t even alive during Columbine, which was one of the most memorable mass shootings in American history. So it was just a matter of us being tired of seeing that happening all the time. It was really important for young people to stand up, because with every mass shooting before this one, either nobody stood up, or they were too quiet and nobody listened to them. This time, there were 16, 17 and 18-year-olds appearing on TV screens, screaming at the very people that they were meant to ‘respect’. We were yelling at them, and people were just intrigued by our fierceness.

MD: The National Rifle Association (NRA) has practised something that is sometimes referred to as ‘normalisation’, where they create a narrative that is not grounded in reality, but this story is told so many times that it becomes fact to some people. So we immediately knew that what we needed to do is just speak with the truth on the matter. They have of course been trying to discredit this truth, but they have been unable to. When it came to Parkland, I was personally terrified for my brother and sister, and when they came home, my sister – it was her birthday – was pretending like everything was fine, but my brother was visibly angry. At that point we thought that only three people had died, and my brother was like ‘I need to find out if so-and-so is OK’, and he was so angry, he looked at me and said ‘I’m not traumatised, I’m pissed. I’m pissed because something needs to happen’. He was saying this 20 minutes after getting home, and we felt then that we could do anything.

JC: Yes, the fact that we didn’t even have time to mourn shows how messed up the system is. In a way, we were prepared for this to happen.

MD: The media was outside almost every funeral, if not at all of them. Every funeral I attended, I walked out and there was a camera on my face. So they give you a choice: you can either mourn and internalise that anger about the need for change, or you can voice it. We then took advantage of the eyes on us and voiced a very powerful message. It’s not that other mass shooting victims or other gun reform advocates have had less powerful messages – what made the difference is that we did something that people were not used to seeing: we broke the cycle that happens when there’s a crime: the families on TV, the funerals, the graduation - it’s almost like watching an exhibit. And we didn’t allow ourselves to be turned into an exhibit. There was something that someone said – Joaquin’s dad, actually – that stuck with me: he said ‘when reporters call me, I tell them I’m not news. What we are doing may become news, but we are not news anymore. The shooting in Parkland happened, and it’s done. We need the news to be something better, positive, something that produces change’. He told me this a week after his son’s funeral, and his message really inspired me. We are not telling people what happened – everyone knows what happened. They may be twisting their own version of it, but everyone knows what occurred. It’s just about making sure that we don’t have to go through something like this again, and that no family feels the way these amazing families now feel.

3. How were you able to move past the ‘thoughts and prayers’ phase, and into the policy-making arena?
JC: The idea of ‘policy and change’ instead of ‘thoughts and prayers’ only came with us after speaking to politicians directly. But what we were getting was just an illusion of change, because it didn’t really do anything: they raised the age to buy firearms, but it wasn’t enough. They proposed a programme to arm teachers, which was exactly the opposite of what we wanted, because that pours even more money into gun corporations.

MD: There’s no scientific evidence that more guns in any situation will make you safer.

JC: Exactly. And there have been hundreds of local laws implemented since Parkland, and 25 across 15 states at a state level, but that’s not nearly enough because what really needs to happen is federal change. Especially when it comes to universal background checks. No matter how strict a state may be, there’s always a state that is less strict and it’s so easy to move firearms around that it just doesn’t change anything.

MD: For instance, Chicago has strict gun laws, but they still have high gun violence, because they are next door to Indiana, which has no gun laws, and there is nobody at the border checking the guns that come through. And we have no federal registry, no way of tracking where guns come from, who owns them or what they are being used for. We need this to enforce individual responsibility for gun ownership.

4. What do you think your chances of success are, and why?
JC: We think our chances are incredibly high; it’s just a matter of time. The easy stuff is going to come first: for instance, the Centers for Disease Control (CDC) now will be able to research gun violence on a funded level; a digitised register may be created - all that is going to come first. It’s going to be a longer push for assault weapons and high capacity magazines to be banned. But it’s going to happen, because we are not going anywhere until it’s done.

MD: David Hogg, one of the movement’s founders, was asked on TV whether he thought we would be successful. He said yes, and the reporter said: ‘but the people against you are very powerful, they are a large organisation, they are training leaders every day, and they have tons of money’. And David goes: ‘yeah, but we are going to outlive them’. It’s that simple: young people are coming together to save each other’s lives. The selfish older generation, including the NRA leadership, is going to crumble. It’s bound to happen, because they have been a part of the corruption of our democracy and of America’s freedoms for so long. We are calling their bluff, exposing their façade, for stepping on the flag and using it as a podium instead of representing what that flag means.

JC: There are very few people on the other side compared to ours because young people have a more open mind now, in the 21st century, compared to ever before, and that makes us optimistic. Our open minds stem from the education we have received and the fact that we are aware that we have so much more to learn.

MD: This generation is better educated than most generations before. We were born in the internet age. I don’t remember a time when I wasn’t able to look things up online when I had a question, and that ability to have all our questions answered is something that we have taken for granted - now we understand why it means so much. We can use that ability to communicate with loads of people to continue this education and produce policy that makes sense. A true democracy can only work in an educated society, so being an educated voting force is key to tackling the corruption that seems to have taken over the US, especially in recent years.

5. How did you personally become involved in this movement, and what was your source of inspiration?
MD: We model a lot of what we do after Martin Luther King Jr. and the Freedom Riders, the civil rights movement, the women’s suffrage and the women’s liberation movements: all the movements that expanded democracy. We are getting the same sort of message out. It worked – we didn’t have a democracy in America until everyone was granted the right to vote. In fact, America has only been a democracy for around 50 years! And we talk about being a free country, but even now, with the trend of mass incarceration, voter ID laws, registration requirements – all tactics of voter suppression – we are not actually a true democracy. We are using the same methods that worked in the past to expand our democracy.

JC: The movements that were most successful in the US had defined goals. Movements that are scattered about and lack one major thing they are striving for end up dwindling away. The fact that we have five main goals makes for a very clear finish line that is achievable. The first one is funded research on gun violence by the CDC – because until recently, as a result of the 1996 Dickey amendment, the CDC was not allowed to receive money to research the effects of gun violence in our country. This legislative provision was changed recently, but the CDC was still given no money – so what we need is categorised grants to fund this research. The second goal is a single digitised registry of files for the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). Currently there is no single place where you can find who owns a particular gun, and sometimes it is impossible to find out, because so many guns are bought on the black market or in private sales. We have the technology to fix this, but it hasn’t happened because people think it is a violation of their Second Amendment Rights – which has been completely taken over by the NRA lobby, with a definition that makes no sense, as it treats the reasonable regulation of the exercise of a right as an infringement. But the truth is, even if all our demands were made into federal law, people would still be able to go through a screening process and buy a firearm intended for protection, which is what the Second Amendment is for.

MD: The third goal is universal background checks. For instance, in no state should a domestic abuser be allowed to purchase a gun legally. Domestic abuse is the number one indicator for a mass shooter; it has a higher correlation with mass shootings than mental health issues. But that’s not in the law in most places. In some places there are no checks at all. In 12 states a concealed carry permit only requires you to sign a piece of paper. If you are on the terrorist watch list you cannot get on a plane, but you could still purchase an assault weapon. There are places where you need to go through background checks if you want to adopt a cat, but not if you want to buy an assault weapon! This makes no sense. Background checks should be required for every single gun purchase.

JC: It is important to emphasise that background checks should be mandated by federal law, so that every jurisdiction has the same requirements and procedures, and there are not places where regulations are less strict, creating loopholes that can be taken advantage of. Lastly, our fourth and fifth goals are longer term, as they are the hardest to swallow for conservatives. According to polls, they are still supported by a majority of public opinion, but less than the previous three, for which approval rates are around 80 to 90 per cent. Goals four and five are a high-capacity magazine ban and a ban on semi-automatic assault rifles. The shooter in our school fired 180 rounds in less than six minutes, while walking around and taking the time to go to classroom after classroom. When he was firing, it was like rainfall. No person should have the ability to shoot that many bullets in such short amount of time. Most hunting ranges have banned this type of weapon – which in fact are not really meant for hunting animals; they are meant for hunting people. This kind of firing power can only be in the hands of highly trained individuals, and has no place in our homes and streets. This is what so many veterans are telling us: these weapons are a danger not only to other people, but also to their owners and the people close to them, because they don’t know how to handle them, store them and take care of them.

6. In which ways could international civil society and like-minded movements elsewhere help you achieve your goals?
JC: A lot of other countries, like Australia and most European ones, have laws like the ones we advocate for, and their levels of gun crime are incredibly lower than ours. This proves there is a way to fix this, and we should stop ignoring the fact that we have a gun problem and blaming it all on mental health. Other countries have mental health problems but these problems don’t cause the same amount of damage as here, so the argument doesn’t hold. If the international community could add their voices in support of the idea that these laws do work, it would be of a lot of help.

MD: The international community could help a lot in promoting an educated democracy, saying how important it is for young people to not only vote, but also become educated in the voting process, given that our political system has clearly failed us when it comes to protecting us. This is important not only for the US but also for the world, because others emulate the US, as we can see with the current administration and how it has played out in the rest of the world in terms of the increase in intolerance and hate crimes. By promoting education and democracy, the international community would be helping us.

Civic space in the United States is rated as ‘narrowed’ by the CIVICUS Monitor.
Get in touch with March for Our Lives through their website or Facebook page, or follow @AMarch4OurLives, @JaclynCorin and @MattxRed on Twitter.
Advocacy priorities at 44th Session of UN Human Rights Council
The three-week human rights council sits from 30 June to 17 July, and there are a number of critical human rights resolutions up for debate, and for the 47 Council members to address. CIVICUS will be conducting and presenting evidence on a variety of thematic and country-focused issues. Full overview below:

Country-specific situations

The Philippines (Civic space rating:Obstructed)

Our members on the ground have documented serious human rights violations, including attacks on fundamental freedoms and against human rights defenders and journalists. Thousands of people have been killed in extra-judicial executions perpetrated by authorities with the full backing of the Duterte government in the context of their so-called ‘war on drugs'. Recently the country has been added to the CIVICUS Monitor's Watchlist, while the Office of the High Commissioner on Human Rights released a damming report on the country. We urge member states to deliver a strong resolution during the council to hold the government to account.

United States of America (Civic space rating:Narrowed)

Hundreds of thousands of people have taken to the streets across the United States to protest the murder of George Floyd by police in Minneapolis on 25 May. Their demands for justice for George Floyd and other Black people unlawfully killed at the hands of police have been met with force. The US has been added to the CIVICUS Monitor’s Watchlist as a result of attacks against protesters and the media. CIVICUS reaffirms that the right to protest, as enshrined in international law, must be protected. CIVICUS urges the member states and observers of the Human Rights Council to raise such attacks in the Interactive Dialogues with the Special Rapporteur on freedom of peaceful assembly and association, and in the Interactive dialogue with the Special Rapporteur on racism.

Eritrea (Civic space rating:Closed)

As Eritrea has entered the second year of its Council membership term, its domestic human rights situation remains dire. A free and independent press continues to be absent from the country and 16 journalists remain in detention without trial, many since 2001. Impunity for past and ongoing human rights violations is widespread. Violations continue unabated, including arbitrary arrests and incommunicado detention, violations of the rights to a fair trial, access to justice and due process, enforced disappearances. During this session, the mandate of the Special Rapporteur on Eritrea is up for renewal. We urge States to support its adoption, in light of the lack of progress and accountability in the country.

China (Civic space rating:Closed)

50 UN experts have called on the Human Rights Council to take immediate action on grave human rights abuses in China, including Hong Kong and Xinjiang. This week Hong Kong's new national security law came into force, risks destroying Hong Kong's free and open civil society, including media outlets. Already someone has been arrested for displaying a pro-independence flag. Urgent action is needed. CIVICUS fully support the proposal from UN experts to establish a UN mechanism to closely monitor, analyse and report annually on the human rights situation in China. At the very least, States should demand in dialogues that China fulfills its human rights obligations.

Hungary (Civic space rating:Obstructed)

There has been a rapid decline in civic freedoms in Hungary. The government has criminalised fake news about the pandemic, with penalties of up to five years in prison. To date, the police have initiated criminal proceedings against nearly 100 people. During the pandemic, Prime Minister, Viktor Orbán was able to temporarily rule by decree, which has set a dangerous precedent for Orbán to further consolidate power, restrict rights and bypass constitutional safeguards. The country has been added to the CIVICUS Monitor's Watchlist. CIVICUS recommends that UN member states raise concerns about Hungary and how it has used COVID19 as a smokescreen to close civic space and target its critics.

Thematic mandates

Civic freedoms in the age of COVID-19

The COVID-19 pandemic has exacerbated human rights challenges worldwide. As countries have grappled to respond, CIVICUS has documented multiple instances of such responses restricting civic space, including:
- Unjustified restrictions on access to information and censorship
- Detentions of activists for disseminating critical information
- Crackdowns on human rights defenders and media outlets
- Violations of the right to privacy and overly broad emergency powers
In a report that will be presented at this Session, the Special Rapporteur on freedom of expression set out a number of recommendations for States in order to guarantee freedom of expression during a pandemic. Chief among these was ‘Ensuring accountability, such that no State is free to use this public health crisis for unlawful purposes beyond the scope of the health threat.’

Peaceful Protests

This Session will see a resolution on peaceful protests debated by the Council. The resolution provides an opportunity to push for reforms of protest laws and police tactics, and to strengthen accountability frameworks for violations during protests. We urge States to propose language which reflects the current situation of impunity for violence against peaceful protesters by state and non-state actors.

Human rights and Migration

This Session, the Special Rapporteur on human rights and migration will deliver a report on migration and freedom of association, which included key recommendations for States to ensure that freedom of association is protected. We call on States to use the Interactive Dialogue on the Special Rapporteur’s report to make public commitments to protect the right to freedom of association for migrants, and to co-sponsor the resolution due for presentation at the Session which will renew the mandate of the Special Rapporteur.

Current council members:

Afghanistan, Angola, Argentina, Armenia, Australia, Austria, Bahamas, Bahrain, Bangladesh, Bulgaria, Burkina Faso, Cameroon, Chile, Czech Republic, Democratic Republic of the Congo, Denmark, Eritrea, Fiji, Germany, India, Indonesia, Italy, Libya, Marshall Islands, Mauritania, Mexico, Namibia, Nepal, Netherlands, Nigeria, Poland, Pakistan, Peru, Philippines, Qatar, Republic of Korea, Senegal, Slovakia, Somalia, Sudan, Spain, Togo, Ukraine, Uruguay, Venezuela

Civic space ratings from the CIVICUS Monitor

OPEN NARROWED OBSTRUCTED REPRESSED CLOSED
COP26: ‘The global north must remain accountable and committed to tackle climate change’
As the 26th United Nations Climate Change Conference of the Parties (COP26) gets underway in Glasgow, UK, CIVICUS continues to interview civil society activists, leaders and experts about the environmental challenges they face in their contexts, the actions they are undertaking to tackle them and their expectations for the summit.

CIVICUS speaks with Lorena Sosa, Operations Director at Zero Hour, a youth-led movement creating entry points, training and resources for new young activists and organisers. At Zero Hour, Lorena has supported the work of activists in Jamaica, the Philippines and Singapore, looking to create immediate action and bring attention to the impacts of climate change.

What’s the key climate issue in your country that you’re working on?

Zero Hour is currently committed to eliminating fossil fuel subsidies in US policy and filling the gap in climate-organising resources. We have recently accomplished this by organising the virtual End Polluter Welfare Rally, featuring Senator Majority Lead Chuck Schumer and Congressman Ro Khanna, and the People Not Polluters Rally in New York City, and assisting with the organisation of the People vs Fossil Fuels mobilisation in Washington, DC. We are currently working on revising a series of training activities to help our chapters learn how to organise local campaigns unique to their communities.

A lot of our actions demonstrate our desire to connect and collaborate with others involved in the movement, to uplift one another’s actions because it is hard to get coverage and attention on the actions that we are all organising. It is a beautiful thing to witness when organisers support each other; love and support is really needed to improve the state of the movement and the progress of its demands.

Have you faced backlash for the work you do?

Backlash to activist work certainly ranges on a case-by-case basis, especially for our international chapters, who face limits on protest and rallying because of government restrictions. Within the USA, the biggest backlash against the work we do is tied to the burnout of working and seeing no action from leaders who have the power to initiate action for our planet’s well-being. Burnout is really common in the youth climate space, especially because so many of us are trying to juggle between our academic, social and organising lives while trying to stay hopeful about the change that is possible.

In terms of staying well and safe from the impacts of burnout, I’ve learned that the best thing to do is engage with the climate community I’m in; I know I’m not alone in the concerns I have because my fellow friends and organisers and I constantly express our concerns to one another. There is no be-all and end-all remedy to burnout, but I’ve learned that taking time to care for myself and connect with my family and friends back home is incredibly helpful in staying grounded.

How do you engage with the broader international climate movement?

Our Global Outreach team and Operations team, which are led by Sohayla Eldeeb and myself, have worked together to shape communications with our international chapters in Jamaica, the Philippines and Singapore. We have held one-on-one office hours with our international chapters to help them work through any conflict in their campaign work and provide support in any way possible.

In terms of international campaigns, our Partnerships Deputy Director, Lana Weidgenant, is actively involved in international campaigns that bring attention to and foster education and action on food systems transformation to eliminate greenhouse gas emissions and protect our environment. Lana served as the Youth Vice Chair of Shifting to Sustainable Consumption Patterns for the United Nations Food Systems Summit 2021, is a youth leader of the international Act4Food Act4Change campaign that has gathered together the food systems pledges and priorities of over 100,000 young people and allies around the world, and is one of the two youth representatives for the COP26 agriculture negotiations this year.

What hopes, if any, do you have for COP26 to make progress in tackling climate change?

I would want to see the global north remain accountable and committed to including US$100 billion for the global south to be able to implement their own climate adaptation and mitigation measures successfully.

So many of our perspectives at Zero Hour are centred around justice, rather than just equity, because we know that the USA is one of the largest contributors to this crisis. Leaders of the global north, especially stakeholders in the USA, need to end support of the fossil fuel industry and start committing to solutions that prioritise people and not polluters.

I would love to see all leaders attending COP26 take serious and impactful action to combat and eliminate the effects of climate change. Worsened weather patterns and rising sea levels have already proven that inaction is going to be detrimental to the well-being of our planet and all its inhabitants.

The recent report by the United Nations Intergovernmental Panel on Climate Change (IPCC) has demonstrated sufficient evidence for our leaders to treat climate change as the emergency it is. I am hoping that all the global leaders speaking at the conference take the IPCC report’s statements into great consideration when drafting the conference’s outcomes.

Civic space in the USA is rated ‘obstructed’ by the CIVICUS Monitor.
Get in touch with Zero Hour through itswebsite and follow@ThisIsZeroHour on Twitter.
Human Rights Council adopts resolution on peaceful protests
Reaction to resolution on peaceful protests at the 44th Session of the UN Human Rights Council

With the adoption of a new resolution on peaceful protests, the Human Rights Council has sent a strong message that it stands by peaceful protesters who mobilise for change, and that law enforcement officials who perpetrate violence against protesters must be held to account.

All over the world, protesters have been mobilizing and standing up to win better working conditions, further equality, and end forms of oppression. But in too many cases, from Chile to Hong Kong to the US, protesters, protest monitors and journalists have been met with repression and police brutality, often with complete impunity. We urge states to ensure full accountability for human rights violations perpetrated by law enforcement in the context of peaceful protests.

The COVID-19 pandemic has accelerated the urgency of the protection of online assembly. Given this context, CIVICUS welcomes that the resolution strongly reaffirms that the rights of peaceful assembl guaranteed offline are also guaranteed online. We thank Switzerland and Costa Rica in bringing forward this resolution, which could not come at a more critical time for the protection of peaceful protests worldwide.

The resolution mandates the Special Rapporteur on the rights to freedom of peaceful assembly and of association to prepare over the next two years a dedicated report on the protection of human rights in the context of peaceful protests during crisis situations. It also provides for a panel discussion on the promotion and protection of human rights in the context of peaceful protests, looking at achievements and contemporary challenges, at the Council Session next June.

Current council members:

Afghanistan, Angola, Argentina, Armenia, Australia, Austria, Bahamas, Bahrain, Bangladesh, Bulgaria, Burkina Faso, Cameroon, Chile, Czech Republic, Democratic Republic of the Congo, Denmark, Eritrea, Fiji, Germany, India, Indonesia, Italy, Libya, Marshall Islands, Mauritania, Mexico, Namibia, Nepal, Netherlands, Nigeria, Poland, Pakistan, Peru, Philippines, Qatar, Republic of Korea, Senegal, Slovakia, Somalia, Sudan, Spain, Togo, Ukraine, Uruguay, Venezuela

Civic space ratings from the CIVICUS Monitor

OPEN NARROWED OBSTRUCTED REPRESSED CLOSED
Is the USA fit to rejoin the UN Human Rights Council?
By Emily Standfield, CIVICUS Member and data volunteer

A month into Joe Biden’s presidency, the U.S. has rejoined nearly all the multilateral institutions and international commitments that it withdrew from under Trump. These include the World Health Organization and the Paris Climate Accords. Most recently, on February 8th, the U.S. announced it would also rejoin the United Nations Human Rights Council (HRC) as an observer. The U.S.’ role in the human rights forum looks different than it did four years ago in light of its recent track record on civil liberties.

Read on Inter Press News Service
New report looks at the state of civic freedoms in the United States
In December 2020, the USA’s civic space rating was downgraded from narrowed to obstructed by the CIVICUS Monitor, signalling significant increased restrictions on the exercise of civic freedoms. This reflected the militarised and repressive response to mass protests for racial justice throughout that year, as well as the long-term trend of civic space regression through anti-protest legislation, a hostile climate for the press and surveillance, among other factors.

On 21 January 2021, Joe Biden took office as president – only two weeks after rioters stormed the US Capitol in an attempt to overturn his election. The unrest on 6 January followed weeks of incendiary rhetoric from outgoing president Donald Trump and allies, rousing supporters to reject election results. This attack exposed the depth of the crisis in US democracy, which has impacted on the space for civil society.

While the Biden administration has sought to improve on his predecessor’s relationship with the media and stressed the importance of democratic institutions, some of these trends endure. Lawmakers, particularly those at the state level, have continued to propose and enact restrictions on protest. Recent months have also seen a slew of state-level bills limiting free speech in classrooms. Attacks on journalists are ongoing and distrust toward the press remains high. Protesters continue to face incidents of excessive force and arbitrary arrests.

This research brief covers restrictions, violations and trends affecting freedoms of association, peaceful assembly and expression in the USA between January 2021 and September 2022.

More information

Download the United States research brief here.

United States is currently rated Obstructed by the CIVICUS Monitor. There are a total of 42 other countries in the world with this rating (see all). This rating is typically given to countries where the state generally allows individuals and civil society organisations to exercise their rights to peaceful assembly, freedom of speech and freedom of association, but violations of these rights also take place (see the full description of ratings)
Progress and shortcomings from 44th Session of the Human Rights Council
Joint Statement for the end of the 44th Session of the UN Human Rights Council

The 44th session of the UN Human Rights Council began with China's imposition of legislation severely undermining rights and freedoms in Hong Kong. Within days, there were reports of hundreds of arrests, some for crimes that didn’t even exist previously. We welcome efforts this session by a growing number of States to collectively address China’s sweeping rights abuses, but more is needed. An unprecedented 50 Special Procedures recently expressed concerns at China’s mass violations in Xinjiang, Hong Kong and Tibet, suppression of information in the context of Covid-19, and targeting of human rights defenders across the country. The Council should heed the call of these UN experts to hold a Special Session and create a mechanism to monitor and document rights violations in the country. No state is beyond international scrutiny. China’s turn has come.

The 44th session also marked an important opportunity to enable those affected directly by human rights violations to speak to the Council through NGO video statements.

Amnesty's Laith Abu Zeyad addressed the Council remotely from the occupied West Bank where he has been trapped by a punitive travel ban imposed by Israel since October 2019. We call on the Israeli authorities to end all punitive or arbitrary travel bans.

During the interactive dialogue with the Commission of Inquiry on Syria, victims’ associations and families of victims highlighted the human rights violations occurring in detention centers in Syria. We welcome the efforts by some States to underline their demands and welcome the adoption of the Syria resolution on detainees and urge the Syrian government to take all feasible measures to release detainees and provide truth to the families, noting the important pressure needed by Member States to further call for accountability measures for crimes committed in Syria.

Collette Flanagan, Founder of Mothers against Police Brutality, also delivered a powerful video statement at the Council explaining the reality of racist policing in the United States of America. We fully support victims’ families’ appeals to the Council for accountability.

We hope that the High Commissioner's reporton systemic racism, police violence and government responses to antiracism peaceful protests will be the first step in a series of meaningful international accountability measures to fully and independently investigate police killings, to protect and facilitate Black Lives Matter and other protests, and to provide effective remedy and compensation to victims and their families in the United States of America and around the world.

We appreciate the efforts made by the Council Presidency and OHCHR to overcome the challenges of resuming the Council’s work while taking seriously health risks associated with COVID-19, including by increasing remote and online participation. We recommend that remote civil society participation continue and be strengthened for all future sessions of the Council.

Despite these efforts, delays in finalising the session dates and modalities, and subsequent changes in the programme of work, reduced the time CSOs had to prepare and engage meaningfully. This has a disproportionate impact on CSOs not based in Geneva, those based in different time zones and those with less capacity to monitor the live proceedings. Other barriers to civil society participation this session included difficulties to meet the strict technical requirements for uploading video statements, to access resolution drafts and follow informal negotiations remotely, especially from other time zones, as well as a decrease in the overall number of speaking slots available for NGO statements due to the cancellation of general debates this session as an ‘efficiency measure.’

We welcome the joint statement led by the core group on civil society space and endorsed by cross regional States and civil society, which calls on the High Commissioner to ensure that the essential role of civil society, and States’ efforts to protect and promote civil society space, are reflected in the report on impact of the COVID-19 pandemic presented to the 46th Session of the HRC. We urge all States at this Council to recognise and protect the key role that those who defend human rights play.

These last two years have seen unlawful use of force perpetrated by law enforcement against peaceful protesters, protest monitors, journalists worldwide, from the United States of America to Hong Kong, to Chile to France, Kenya to Iraq to Algeria, to India to Lebanon with impunity.

We therefore welcome that the resolution “the promotion and protection of human rights in the context of peaceful protests” was adopted by consensus, and that the Council stood strongly against some proposed amendments which would have weakened it. We also welcome the inclusion in the resolution of a panel during the 48th session to discuss such events and how States can strengthen protections. We urge States to ensure full accountability for such human rights violations as an essential element of the protection of human rights in the context of protests. The current context has accelerated the urgency of protecting online assembly, and we welcome that the resolution reaffirms that peaceful assembly rights guaranteed offline are also guaranteed online. In particular, we also commend the resolution for calling on States to refrain from internet shutdowns and website blocking during protests, while incorporating language on the effects of new and emerging technologies, particularly tools such as facial recognition, international mobile subscriber identity-catchers (“stingrays”) and closed-circuit television.

We welcome that the resolution on “freedom of opinion and expression” contains positive language including on obligations surrounding the right to information, emphasising the importance of measures for encryption and anonymity, and strongly condemning the use of internet shutdowns. Following the High Commissioner’s statement raising alarm at the abuse of ‘false news’ laws to crackdown on free expression during the COVID-19 pandemic, we also welcome that the resolution stresses that responses to the spread of disinformation and misinformation must be grounded in international human rights law, including the principles of lawfulness, legitimacy, necessity and proportionality. At the same time, we are concerned by the last minute addition of language which focuses on restrictions to freedom of expression, detracting from the purpose of the resolution to promote and protect the right. As we look to the future, it is important that the core group builds on commitments contained in the resolution and elaborate on pressing freedom of expression concerns of the day, particularly for the digital age, such as the issue of surveillance or internet intermediary liability, while refocusing elements of the text.

The current context has not only accelerated the urgency of protecting assembly and access to information, but also the global recognition of the right to a safe, clean, healthy and sustainable environment. We welcome the timely discussions on ”realizing children’s right to a healthy environment” and the concrete suggestions for action from panelists, States, and civil society. The COVID-19 crisis, brought about by animal-to-human viral transmission, has clarified the interlinkages between the health of the planet and the health of all people. We therefore support the UN Secretary General’s call to action on human rights, as well as the High Commissioner’s statement advocating for the global recognition of the human right to a safe, clean, healthy and sustainable environment – already widely reflected at national and regional levels - and ask that the Council adopts a resolution in that sense. We also support the calls made by the Marshall Islands, Climate Vulnerable Forum, and other States of the Pacific particularly affected and threatened by climate change. We now urge the Council to strengthen its role in tackling the climate crisis and its adverse impacts on the realization of human rights by establishing a Special Rapporteur on Human Rights and Climate Change, which will help address the urgency of the situation and amplify the voices of affected communities.

The COVID crisis has also exacerbated discrimination against women and girls. We welcome the adoption by the Council of a strong resolution on multiple and intersecting forms of discrimination against women and girls, which are exacerbated in times of a global pandemic. The text, inter alia, reaffirms the rights to sexual and reproductive health and to bodily autonomy, and emphasizes legal obligations of States to review their legislative frameworks through an intersectional approach. We regret that such a timely topic has been questioned by certain States and that several amendments were put forward on previously agreed language.

The Council discussed several country-specific situations, and renewed the mandates in some situations.

We welcome the renewal of the Special Rapporteur’s mandate and ongoing scrutiny on Belarus. The unprecedented crackdown on human rights defenders, journalists, bloggers and members of the political opposition in recent weeks ahead of the Presidential election in August provide a clear justification for the continued focus, and the need to ensure accountability for Belarus’ actions. With concerns that the violations may increase further over the next few weeks, it is essential that the Council members and observers maintain scrutiny and pressure even after the session has finished.

We welcome the extension of the mandate of the Special Rapporteur on Eritrea. We urge the government to engage, in line with its Council membership obligations, as the Special Rapporteur’s ‘benchmarks for progress’ form a road map for human rights reform in the country. We welcome the High Commissioner report on the human rights situation in the Philippines which concluded, among other things, that the ongoing killings appear to be widespread and systematic and that “the practical obstacles to accessing justice in the country are almost insurmountable.” We regret that even during this Council session, President Duterte signed an Anti Terrorism Law with broad and vague definition of terrorism and terrorists and other problematic provisions for human rights and rule of law, which we fear will be used to stifle and curtail the rights to freedom of opinion and expression, to freedom of peaceful assembly and of association. Also during this session, in a further attack on press freedom, Philippine Congress rejected the franchise renewal of independent media network ABS-CBN, while prominent journalist Maria Ressa and her news website Rappler continue to face court proceedings and attacks from President Duterte after Ressa’s cyber libel conviction in mid-June. We support the call from a group of Special Procedures to the Council to establish an independent, impartial investigation into human rights violations in the Philippines and urge the Council to establish it at the next session.

The two reports presented to the Council on Venezuela this session further document how lack of judicial independence and other factors perpetuate impunity and prevent access to justice for a wide range of violations of civil, cultural, economic, political, and social rights in the country. We also urge the Council to stand ready to extend, enhance and expand the mandate of the Independent International Fact-Finding Mission when it reports in September. We also welcome the report of the Special rapporteur on the human rights situation in the Palestinian Territory occupied since 1967 and reiterate his call for States to ensure Israel puts an end to all forms of collective punishment. We also reiterate his call to ensure that the UN database of businesses involved with Israeli settlements becomes a living tool, through sufficient resourcing and annual updating.

We regret, however, that several States have escaped collective scrutiny this session.

We reiterate the UN Special Rapporteur Agnes Callamard’s call to pressure Saudi Arabia to release prisoners of conscience and women human rights defenders and call on all States to sustain the Council’s scrutiny over the situation at the September session.

Despite calls by the High Commissioner for prisoners’ release, Egypt has arrested defenders, journalists, doctors and medical workers for criticizing the government’s COVID-19 response. We recall that all of the defenders that the Special Procedures and the High Commissioner called for their release since September 2019 are still in pre-trial detention. The Supreme State Security Prosecution and 'Terrorism Circuit courts' in Egypt, are enabling pre-trial detention as a form of punishment including against human rights defenders and journalists and political opponents, such as Ibrahim Metwally, Mohamed El-Baqer and Esraa Abdel Fattah, Ramy Kamel, Alaa Abdel-Fattah, Patrick Zaky, Ramy Shaat, Eman Al-Helw, Solafa Magdy and Hossam El-Sayed. Once the terrorism circuit courts resumed after they were suspended due to COVID-19, they renewed their detention retroactively without their presence in court. It’s high time the Council holds Egypt accountable.

As highlighted in a joint statement of Special Procedures, we call on the Indian authorities to immediately release HRDs, who include students, activists and protest leaders, arrested for protesting against changes to India’s citizenship laws. Also eleven prominent HRDs continue to be imprisoned under false charges in the Bhima Koregaon case. These activists face unfounded terror charges under draconian laws such as sedition and under the Unlawful Activities (Prevention) Act. While we welcome that Safoora Zargar was granted bail on humanitarian grounds, the others remain at high risk during a COVID-19 pandemic in prisons with not only inadequate sanitary conditions but also limited to no access to legal counsel and family members. A number of activists have tested positive in prison, including Akhil Gogoi and 80-year-old activist Varavara Rao amid a larger wave of infections that have affected many more prisoners across the country. Such charges against protestors, who were exercising their rights to freedom of peaceful assembly must be dropped. We call on this Council to strengthen their demands to the government of India for accountability over the excessive use of force by the police and other State authorities against the demonstrators.

In Algeria, between 30 March and 16 April 2020, the Special rapporteur on freedom of opinion and expression, freedom of peaceful assembly and of association, human rights defenders, issued three urgent appeals in relation to cases involving arbitrary and violent arrests, unfair trials and reprisals against human rights defenders and peaceful activists Olaya Saadi, Karim Tabbou and Slimane Hamitouche. Yet, the Council has been silent with no mention of the crackdown on Algerian civil society, including journalists.

To conclude on a positive note, we welcome the progress in the establishment of the OHCHR country office in Sudan, and call on the international community to continue to provide support where needed to the transitional authorities. While also welcoming their latest reform announcements, we urge the transitional authorities to speed up the transitional process, including reforms within the judiciary and security sectors, in order to answer the renewed calls from protesters for the enjoyment of "freedom, peace and justice" of all in Sudan. We call on the Council to ensure continued monitoring and reporting on Sudan.

ENDORSEMENTS

International Service for Human Rights
DefendDefenders (East and Horn of Africa Human Rights Defenders Project)
Center for Reproductive Rights
Franciscans International
The Syrian Legal Development Programme
Egyptian Front for Human Rights (EFHR)
CIVICUS: World Alliance for Citizen Participation
International Movement Against All Forms of Discrimination and Racism (IMADR)
International Lesbian and Gay Association (ILGA World)
Centro de Estudios Legales y Sociales (CELS)
Asian Forum for Human Rights and Development (FORUM-ASIA)
Commonwealth Human Rights Initiative (CHRI)
ARTICLE 19
International Federation for Human Rights (FIDH)
Cairo Institute for Human Rights Studies (CIHRS)
IFEX
Association for Progressive Communications
International Commission of Jurists (ICJ)
Amnesty International

Current council members:

Afghanistan, Angola, Argentina, Armenia, Australia, Austria, Bahamas, Bahrain, Bangladesh, Bulgaria, Burkina Faso, Brazil, Cameroon, Chile, Czech Republic, Democratic Republic of the Congo, Denmark, Eritrea, Fiji, Germany, India, Indonesia, Italy, Japan, Libya, Marshall Islands, Mauritania, Mexico, Namibia, Nepal, Netherlands, Nigeria, Poland, Pakistan, Peru, Philippines, Qatar, Republic of Korea, Senegal, Slovakia, Somalia, Sudan, Spain, Togo, Ukraine, Uruguay, Venezuela

Civic space ratings from the CIVICUS Monitor

OPEN NARROWED OBSTRUCTED REPRESSED CLOSED
UN resolution needed to help protect freedom of expression
Statement at the 44th Session of the UN Human Rights Council

Interactive Dialogue with the Special Rapporteur on freedom of opinion and expression

Madame President, Special Rapporteur;

We thank the Special Rapporteur for his timely report.

The CIVICUS Monitor watchlist highlights countries where there is a serious and rapid decline in respect for civic space, including where undue restrictions on freedom of expression – whether pre-existing, or introduced in response to the pandemic – consolidate authoritarian power and further human rights violations.

Currently, this includes the Philippines, where a provision in the emergency law introduced in response to the pandemic penalises the spreading of "false information," which could curtail freedom of speech and silence the media. Journalists and social media users have already been targeted. We also stand with prominent journalist Maria Ressa, who was convicted for ‘cyberlibel’ last month in a politically motivated case.

It also includes Hungary, where an act was passed in March criminalising spreading false information in connection with the pandemic. This could lead to further censorship of independent media in Hungary and the erosion of media freedom. Access to information for journalists has already diminished.

In Niger, authorities have used the 2019 Cybercrime Law against critics, including over social media posts and even private WhatsApp messages. Journalist and blogger Samira Sabou was arrested in June over a Facebook post. The National Assembly approved a law allowing for the interception of communication in May 2020.

In Azerbaijan, at least six activists and a pro-opposition journalist have been sentenced to prison after criticism of the government.

Finally, in the USA, journalists covering Black Lives Matter protests have been physically attacked, detained and had equipment seized by law enforcement. These are not isolated cases but reflect mounting hostility against the press in the country, with several cases of vilification, harassment and smear campaigns against journalists from both state and non-state actors.

We remind States that free flow of information will be paramount in our collective recovery from the pandemic. We call on the Council to support the resolution protecting freedom of expression currently before it, and to commit to ensuring protection for journalists, and for those who speak out.

Current council members:

Afghanistan, Angola, Argentina, Armenia, Australia, Austria, Bahamas, Bahrain, Bangladesh, Bulgaria, Burkina Faso, Cameroon, Chile, Czech Republic, Democratic Republic of the Congo, Denmark, Eritrea, Fiji, Germany, India, Indonesia, Italy, Libya, Marshall Islands, Mauritania, Mexico, Namibia, Nepal, Netherlands, Nigeria, Poland, Pakistan, Peru, Philippines, Qatar, Republic of Korea, Senegal, Slovakia, Somalia, Sudan, Spain, Togo, Ukraine, Uruguay, Venezuela

Civic space ratings from the CIVICUS Monitor

OPEN NARROWED OBSTRUCTED REPRESSED CLOSED
UN resolution needed to protect peaceful protests during the pandemic and beyond
Joint statement at the 44th Session of the UN Human Rights Council

Interactive Dialogue with the Special Rapporteur on freedom of association and peaceful assembly

Madame President, Special Rapporteur,

We thank the Special Rapporteur for his report, and for the work the mandate has done to protect freedom of assembly and association worldwide. These fundamental rights underpin the very existence of civil society.

The report highlights that there have been multiple examples of civil society and social movements across the world galvanizing positive change, defending hard-won democratic values and developing innovative practices to address issues of injustice. People coming together to speak out have won better working conditions, furthered equality, ended forms of oppression.

The benefits of a vibrant civil society, and of human rights defenders who are free to do their work, are tangible. In the past months, we have seen that society is central to crisis response and will continue to be central in building back better. There are so many gains still to come.

States who suppress individuals and groups simply for speaking out willfully deny such enrichment.

In Hong Kong, a sweeping security law imposed by China last week risks destroying its free and open civil society. Protesters have already been criminalized by the law. In India, suppression of peaceful protests against a discriminatory citizenship and arrests of human rights defenders who took part in these meetings represent efforts to silence voices against inequality and injustice. In the USA, Black lives Matter protests against systemic racism and police brutality have been met with state-sanctioned violence, including the deliberate targeting of journalists. In Egypt a systematic crack-down on civil society, human rights defenders and independent journalists has accelerated in the last several months.

The current pandemic has accelerated and exacerbated existing challenges and there are numerous cases of States weaponizing the COVID-19 pandemic against civil society, from Hungary to Algeria to the Philippines.

The rights to freedom of association and peaceful assembly are simply the right to organize and mobilise for a fairer, more just world. This session, the Council members have the opportunity to better protect these rights. We urge all States to support the resolution on peaceful protests, and to commit to ensuring space and voice for those who come together to speak out.

Thank you.

CIVICUS: World Alliance for Citizen Participation
International Service for Human Rights
East and Horn of Africa Human Rights Defenders Project
Commonwealth Human Rights Initiative
FORUM-ASIA
The African Center for Democracy and Human Rights Studies
Cairo Institute for Human Rights Studies

Current council members:

Afghanistan, Angola, Argentina, Armenia, Australia, Austria, Bahamas, Bahrain, Bangladesh, Bulgaria, Burkina Faso, Cameroon, Chile, Czech Republic, Democratic Republic of the Congo, Denmark, Eritrea, Fiji, Germany, India, Indonesia, Italy, Libya, Marshall Islands, Mauritania, Mexico, Namibia, Nepal, Netherlands, Nigeria, Poland, Pakistan, Peru, Philippines, Qatar, Republic of Korea, Senegal, Slovakia, Somalia, Sudan, Spain, Togo, Ukraine, Uruguay, Venezuela

Civic space ratings from the CIVICUS Monitor

OPEN NARROWED OBSTRUCTED REPRESSED CLOSED
United States: ‘Even in challenging times, civil society needs to be proactive in setting the agenda"
CIVICUS speaks toNick Robinson, a legal advisor at the International Center for Not-for-Profit Law (ICNL) and lead of theirUnited States Program. ICNL is a civil society organisation that works with governments, civil society and the international community in more than 100 countries to improve the legal environment for civil society, philanthropy and public participation.
1. How is ICNL engaging with the impacts on civil society of the current political climate in the United States?
ICNL has engaged with the current political environment by developing a set of initiatives focused on the United States. For example, in one of our central initiatives, the US Protest Law Tracker, and related freedom of assembly work, we analyse and advocate against anti-protest laws and overly aggressive prosecution of demonstrators. In another initiative, we are engaging Congress and other policy-makers about concerns we have regarding recent legislative proposals to strengthen the enforcement of the Foreign Agents Registration Act (FARA). Dating from 1938, FARA requires those who engage in political activities on behalf of foreign principals to register as a ‘foreign agent’ with the Department of Justice. While the Act has traditionally been rarely enforced, its provisions are so broad and vague that if it was implemented it could lead to many civil society organisations (CSOs) having to register as ‘foreign agents’. It is worth noting that ‘foreign agent’ acts in other countries, like Russia, have stigmatised and undercut civil society. In fact, as we’ve documented in a recent report, many of these other countries claim to have based their legislation on FARA.

Other projects include one that provides support to CSOs concerned about politicised government legal compliance actions against them and third party attacks; and a project that aims to help address vulnerabilities we see in the US university space.
1. What has been the impact on US-based civil society groups in this first year of the Trump Presidency? What rights and groups do you perceive as being in the most danger?
We see a number of types of civil society groups and activities being particularly vulnerable at the present moment. As the prosecution of so-called ‘J20 protesters’ made clear, the use of collective liability is on the rise against protesters. This is deeply disturbing. In the J20 case, which was a case resulting out of protests in Washington DC against President Trump on Inauguration Day (20 January 2017) that damaged property, almost 200 protesters had charges brought against them that could bring decades in jail. The prosecutors never claimed they had evidence that the specific individuals who were charged had damaged property or assaulted anyone; instead, they were trying to hold liable anyone who was present at the protest under a theory of collective liability.

The protesters in the first batch were found innocent on all charges by a jury in December 2017, but it took 11 months to get a verdict. The other protesters charged are still awaiting trial. Keep in mind, this is a prosecution brought not by an obscure local prosecutor, but by the federal government – the Department of Justice. Along with CIVICUS and the Charity & Security Network, ICNL was able to bring our concerns about the freedoms of association, assembly and expression to the Inter-American Commission on Human Rights (IACHR). We brought one of the charged J20 protesters, Elizabeth Lagesse, to give her testimony at an IACHR hearing that anyone interested in the case should check out.

We’ve also seen discriminatory or aggressive actions taken against civil society groups. For example, in September 2017, Representative DeSantis introduced a bill that would have banned Islamic Relief Worldwide from receiving federal funds based on unsubstantiated claims that they had ties to terrorist organisations. ICNL participated in a coalition that spoke out against this bill, which was ultimately withdrawn. However, this is part of a larger pattern of trying to target some groups by claiming they have ties to terrorist groups.

Finally, we’ve seen a number of impacts on civil society because of the administration’s new immigration policies. Organisations have mobilised to fight some of these policies because of the effect they will have on the country and people’s lives, but they also affect the functioning of organisations. Employees or volunteers of many groups are now facing deadlines by which they have to leave the US or are facing the threat of deportation. The visa bans of targeted countries, most of which are predominantly Muslim, have made it difficult, and sometimes impossible, for civil society groups to do something as simple as bring a speaker for a conference from one of these countries.

This isn’t meant to be an exhaustive list, but it gives you a sense of some of the challenges we are seeing.
1. Can you tell us more about your US Protest Law Tracker, its uses and main findings?
My colleague Elly Page has led ICNL’s efforts on the US Protest Law Tracker. ICNL created it when we realised there was an increase in the number of anti-protest bills being introduced in states across the country. As of the beginning of 2018, 28 states had considered 50 bills that restrict the right to protest since November 2016. Eight of these bills have been enacted, while a number of others are still pending. The tracker provides succinct analysis of each bill and categorises them under topics like ‘campus speech’ and ‘trespass’. Activists, the media, and the public can then search the tracker to find out the latest information about what bills are being considered.

We’ve seen not only an uptick in these laws, but a proliferation in the ways that the right to protest can be chilled. Perhaps most disturbing has been the number of bills that apply theories of collective liability or that increase the penalties for relatively minor offences frequently related to demonstrations – like blocking traffic or trespassing. We’ve also been troubled by governors declaring states of emergency in response to protests – even in situations where this might make sense, like the white nationalist rally in Charlottesville in August 2017, these powers aren’t being tailored sufficiently. And we are concerned that these powers are beginning to be used whenever there is the mere threat of violence at a protest. This can chill participation in protests.
1. How big an impact do you think democratic regression in the US is having at the regional and global level?
Other governments are picking up on US rhetoric and actions. For example, in Hungary, Prime Minister Viktor Orbán started using rhetoric around “Hungary comes first”, modelled on President Trump’s slogan “America First”, to justify the passage of a restrictive bill targeting international funding of civil society. President Trump’s practice of labelling certain stories “fake news” has been picked up and used by governments in countries like Cambodia, China, Russia and Syria against media reports documenting their human rights violations. It’s an easy way to delegitimise critics.

It’s important to note though that we don’t just see these challenges in the US, but across several developed democracies. Australia has seen proposals to ban foreign funding to CSOs and limit the amount of advocacy they are allowed to engage in. France has seen the repeated extension of national states of emergency and the use of other national security measures that can undercut a free and open civic space. It’s a bigger challenge than just the US.
1. What message would you like to convey to international civil society groups working in challenging circumstances?
I would leave them with two thoughts. First, as the US government takes a step back from taking a lead on protecting civil space globally, and I think it is taking a step back, international civil society needs to push governments of other democracies to step up and take on more of a leadership role. There is a vacuum that needs to be filled.

Second, and related, in times like these it’s understandable that many of the responses of civil society are defensive. We need to defend the gains we’ve made over the years. Yet I think it’s also really important that we continue to pursue a vision of the independent pluralistic civil society that we want to create in the world. Even in difficult times we want to be proactive, and set the agenda we want to set – not just react to the latest crisis or concern. It’s difficult to do, but a vital task.
- Civic space in the United States is rated as ‘narrowed’ in theCIVICUS Monitor
- Get in touch with ICNL through theirwebsite orFacebook page, or follow @ICNLAlliance
USA: ‘The Starbucks unionisation campaign has sparked the imagination of workers across the country’
CIVICUS speaks about unionisation efforts at Starbucks with Theresa Haas, director of global strategies of the labour union Workers United. Workers United coordinates the Starbucks Campaign in the USA. It is affiliated with theService Employees International Union, which has members in both the USA and Canada.

What role did Workers United play in the process leading to Starbucks’s first union vote in 2021?

When Starbucks partners – as the company calls its employees – in Buffalo, New York first started thinking about organising, they researched what they needed to do and how to go about doing it. Knowing that the Rochester Regional Joint Board, an affiliate of Workers United, had successfully organised another coffee chain in upstate New York, they reached out to that affiliate. Pretty soon, it was clear that the values held by Starbucks partners seeking to join a union aligned closely with the values of Workers United. Workers United and its predecessor unions have worked for more than 100 years to build a strong middle class, advancing the social, economic and political welfare of our members by empowering them to use their voices in their communities.

Workers United has a long history of standing in solidarity with low-wage workers across global supply chains and taking on powerful multinational corporations to demand that workers have respect and dignity on the job.

On the international platform, Workers United is deeply invested in ensuring safe and healthy working conditions for workers across the globe through our work with IndustriALL. We actively campaigned for US brands and retailers to join the Accord on Fire and Building Safety in Bangladesh, now the International Accord for Health and Safety in the Textile and Garment Industry, a ground-breaking programme that has dramatically improved safety conditions in the country’s garment industry. In 2019, Workers United fought for and became a signatory to an agreement with major denim corporations and local unions to address gender-based violence and harassment in Lesotho garment factories.

As with all campaigns Workers United is involved with, this Starbucks Workers United campaign has been driven by the recognition that Starbucks partners are seeking corporate accountability and a voice in their workplace. Since the beginning, Workers United’s role has been simply to empower Starbucks partners through guidance and support.

What progress has been made since then?

Since a store in Buffalo filed the first petition with the National Labor Relations Board (NLRB) for the right to form a union in August 2021, more than 280 stores in 37 states across the USA have filed petitions to join Workers United. We continue to assist many other stores that have yet to announce publicly their intent to form a union.

The first store to win its election was in Buffalo. Since that win in December 2021, more than 120 other stores have won their elections to join Workers United. There have been more than 140 elections held so far – ten are pending based on challenges, and 12 stores voted not to join the union by slim margins.

It should be noted that there are only six Starbucks Reserve stores in the world – three in the USA, one in China, one in Japan and one in Italy. Two of the three in the USA have voted to join Workers United.

This campaign has sparked the imagination of hourly wage workers across the country. It derives its strength from being fuelled from the bottom up by workers who have found solidarity among each other. Working together, across the country, they are building strength, and with each election victory their collective voice grows.

Workers around the world, including unionised Starbucks workers in several countries, have also expressed solidarity with Starbucks workers fighting to organise in the USA.

What challenges does Workers United face in southern states?

Like every other union, we must overcome the anti-union history of the US south, which makes any organising campaign much more difficult. Stores in the south have had a tougher win-loss record compared with other parts of the country. Overall, Workers United has won 90 per cent of all Starbucks elections. In the south, our win rate is 67 per cent. We are still very happy with this win rate, considering this is the traditional south we are working in.

Starbucks’ anti-union activities are also pervasive in the south. There have been more firings in this region than any other place – in Estero, Florida; Memphis, Tennessee; and Raleigh, North Carolina. We know the company does this to chill organising efforts, as a way to scare people so they will be too afraid to support the union.

In response to the company’s aggressive anti-union actions, Workers United has filed numerous unfair labour practice charges against the company for actions such as holding captive audience meetings, intimidation and unjust firings, which the union alleges are illegal under the US National Labor Relations Act.

The NLRB recently declared illegal the actions of the company to fire seven workers in Memphis, and is petitioning the courts to make the company reinstate them.

How has Starbucks responded to unionising efforts across the USA?

Starbucks has aggressively fought against letting their partners have a voice in the workplace. Partners have a very simple ask: they want the right to form a union so they can have a voice in their workplace. They are the ones who interact with customers and the ones brewing the coffee and providing the service the company prides itself on. So they are the ones who know first-hand the issues that need to be fixed and the improvements that need to be made.

Starbucks has waged an aggressive anti-union effort, going as far as holding captive audience meetings, providing false and misleading information, cutting partners’ hours so they don’t qualify for certain benefits, and even firing workers for engaging in union activities. The company has hired a team of lawyers known for their aggressive anti-union stance to fight its partners every step of the way, to slow the momentum of this movement.

Despite its stated values and mission, the company has shown through its actions that it is not what it claims to be – a warm and welcoming company that encourages growth within its workforce, challenges the status quo, conducts itself with transparency, dignity and respect, and holds itself accountable for results and through a lens of humanity.

In response to the company’s activities, in recent months Workers United has filed more than 180 unfair labour practice charges with the NLRB.

NLRB regional offices have been investigating Starbucks’ anti-union conduct across the USA and have so far issued nine1 complaints charging it with violating labour laws. In Memphis, Tennessee, the NLRB has charged that the company fired five of six members of the union organising committee and is now prosecuting the company. In Buffalo, New York, the NLRB found ‘serious and substantial’ misconduct by Starbucks, and has charged it with over 200 violations of US labour laws in one of the largest complaints in US history.

How do your efforts relate to unionising efforts at Amazon?

Both Starbucks and Amazon are companies that have tried to portray themselves as responsible, ethical corporate citizens that care about our planet and society – even as they blatantly mistreat and exploit their employees.

We are hopeful that the grassroots efforts driven by workers who are tired of their exploitative and unjust working conditions have set in motion a push towards transformative change for improved conditions for hourly wage workers to include dignity and respect in the workplace.

Workers all over the world should be afforded the right to organise, seek improvements and speak up against injustice and inequality wherever they see it.

How can the international community best support Workers United’s Starbucks campaign?

We face a company that has proven to be determined to silence its partners’ voices at whatever cost and by whatever means. It does not seem to recognise that partners are fighting to improve the company rather than seek its demise. Partners are seeking to help make the company the progressive employer it claims to be. They want to improve the climate and culture of the company, which they say has deteriorated over the years.

In return for these efforts, the company is seeking to squelch their voices, and international civil society and the wider international community should recognise the company’s actions for what they are.

Partners who are organising should be recognised as courageous champions of the working class. They are buoyed by acts of solidarity, through words and actions.

We need international civil society and the broader international community to amplify partners’ calls on Howard Schultz, Starbucks founder and chief executive officer, and Mellody Hobson, chair of the Board of Directors, as well as the entire Board of Directors of Starbucks to stop their union-busting practices. They are threatening workers, firing them, threatening to withhold raises and waging a war on their own employees. The international community should call out Starbucks for not being a progressive company and let workers at Starbucks stores in the USA know they support them.

Let them know that the world is watching and cheering them on. Show your support online by following the organising effort on Twitter and check for the latest news coverage of this historical movement on the Workers United website.

Civic space in the USA is rated ‘obstructed’ by theCIVICUS Monitor.
Get in touch with Workers United through itswebsite and follow@WorkersUnited and@sbworkersunited on Twitter.