anti-rights groups

• JAPAN: ‘Links between politics and the religious right have impeded progress on LGBTQI+ rights’

  CIVICUS speaks with Akira Nishiyama, executive officer of the Japan Alliance for Legislation to Remove Social Barriers based on Sexual Orientation and Gender Identity (Japan Alliance for LGBT Legislation, J-ALL).

  J-ALL was founded in 2015 to advocate for legislation to remove the barriers LGBTQI+ people experience due to their sexual orientation or gender identity in Japan. It focuses on raising awareness among the public, producing research and convening consultations, developing policy proposals and lobbying with government officials and legislators.

  What is the situation of LGBTQI+ people in Japan?

  LGBTQI+ people are estimated to make up between three and 10 per cent of Japan’s population. Many are closeted for fear of discrimination and prejudice. According to recent research, over half of teenagers who identify as LGBTQI+ have been bullied, and only about 10 per cent of LGBTQI+ people are able to come out at their workplace. The rate of LGBTQI+ people who have considered suicide is about twice as high as among their heterosexual counterparts and the rate of those who attempt suicide is six times higher – and 10 times higher among transgender people.

  Such a vulnerable status is caused by the absence of a law at the national level that prohibits discrimination on grounds of sexual orientation and gender identity (SOGI) and raises awareness of LGBTQI+ and SOGI issues. We believe that an anti-discrimination law would enable us to solve social problems such as bullying and SOGI-based discrimination due to prejudice or misunderstanding and effectively deter and remedy human rights violations. It would force governmental agencies, educational institutions and private companies to prepare preventive schemes so that SOGI-related human rights violations would not take place, and make consultation services available.

  Additionally, Japan’s Act on Special Cases in Handling Gender Status of Persons with Gender Identity Disorder sets strict conditions to change one’s legal gender status. Under this law, a person with a so-called ‘gender identity disorder’ must be diagnosed by two or more psychiatrists and must fulfil five conditions to request the family court to make a ruling towards change of their gender status, which is still thought of in binary terms: they must be above 18 years of age, not be married at the time of the gender change, have no children who are still minors, have no reproductive glands, or only reproductive glands that have permanently lost their function, and have body parts that appear to resemble the genitals of the other gender.

  These conditions are considered too strict compared to those of other countries. In 2015, 12 United Nations organisations issued a joint statement asking the Japanese government to ensure the legal recognition of the gender identity of transgender people without such abusive requirements, but the Japanese government has not yet made any moves in that direction.

  What work does J-ALL do?

  J-ALL was established in April 2015 in response to a call from politicians and the LGBTQI+ community to reach a consensus and make effective policy recommendations. For the previous decade or so, civil society organisations (CSOs) in Japan had been lobbying separately on LGBTQI+ and SOGI-related issues.

  J-ALL is an umbrella organisation with 96 member CSOs from throughout Japan. It is run by directors who are leaders of CSOs in various regions. Its secretariat is managed by executive officers who specialise in lobbying, public relations and international affairs, as well as student interns.

  Our lobbying activities have succeeded in pushing forward several SOGI-related laws. For instance, in October 2018 the Tokyo Metropolitan Government adopted an ordinance that protects LGBTQI+ people from SOGI-based discrimination in line with the Olympic Charter. This ordinance clearly stipulates anti-discrimination based on SOGI and was the first ordinance of its kind at the prefectural level.

  In addition, in May 2019 the Japanese government amended the law on harassment. The amended version requires private entities and municipal governments to set guidelines to prohibit harassment and outing based on SOGI in the workplace.

  As the only CSO aimed at proposing SOGI-related bills, J-ALL is pushing politicians and governmental officers at both national and municipal levels by working together with Rengo – the Japanese Trade Union Confederation and a member of the International Trade Union Confederation – eminent scholars and researchers of labour law and international human rights law, and activists fighting to eliminate all kinds of discrimination, including discrimination against women. In recent years, around 40 companies have signed a statement to support the LGBT Equality Law, which would ban anti-LGBTQI+ discrimination. Economic federations have also declared the necessity for legislation on SOGI.

  Have you faced any anti-rights backlash?

  As the social movement to promote the rights of LGBTQI+ people has grown, backlash by religious right-wing groups, ultra-conservative politicians and trans-exclusionary radical feminists (TERF) groups has also grown. For instance, several politicians gave discriminatory speeches against LGBTQI+ people in response to discussions regarding the anti-discrimination bill agreed on by LGBT Giren, a nonpartisan political caucus set up to discuss SOGI-related human rights violations in 2021. Bashing against transgender women and LGBTQI+ people based on heteronormativity, conventional understandings of the family and stereotypical images of women are prevalent in both the real world and the internet.

  Japan has not made much progress on gender inequality, let alone LGBTQI+ rights and SOGI-related issues. This is because the Japanese government is closely connected with religious right-wing groups based on the values of male chauvinism and a patriarchal view of the family. Because of these close ties, ruling politicians have long ignored the existence of people with diverse sexualities and gender identities and have sustained a social system that lacks SOGI-related education and allows for SOGI-based human rights violations. As a result, LGBTQI+ people face wide-ranging challenges such as prejudice, bullying and harassment, and victims of SOGI-related human rights violations are not protected by the law.

  We believe that Japanese civil society needs to recognise this connection between mainstream politics and the religious right in order to tackle human rights issues in earnest. It is also important to learn about which groups of people are marginalised by the current social systems built by the majority and what kind of human rights violations they face, and to take actions such as electoral participation and making public comments based on these concerns.

  How is civil society working to achieve marriage equality, and what was the significance of the recent verdicts of the Sapporo and Osaka district courts?

  There is a CSO, Marriage For ALL Japan, that has been working actively and specifically to achieve the legalisation of same-sex marriage in Japan. In 2019 this organisation filed lawsuits in five districts – Fukuoka, Nagoya, Osaka, Sapporo and Tokyo – and has been conducting awareness-raising activities across the nation.

  In March 2021, the Sapporo District Court ruled that not allowing same-sex marriage was unconstitutional. After a careful scrutiny of the scientific and medical arguments currently used to deny legal benefits to same-sex couples, the Sapporo District Court reasoned that the failure to allow ‘even a certain degree’ of legal benefits to same-sex couples based on their sexual orientation is against Article 14 of the Constitution, which stipulates equality under the law. Although the court dismissed the plaintiffs’ claim for compensation, its verdict was viewed as a step that would surely accelerate the movement to legalise same-sex marriage in Japan.

  But then in June 2022, the Osaka District Court concluded that not allowing same-sex marriages does not violate Article 14, given that the legal disadvantages faced by same-sex couples can be compensated by wills or other means. In addition, the court emphasised that the gap between the benefits enjoyed by heterosexual and same-sex couples has been minimised by the recognition of same-sex partnerships at the municipal level. This, however, overlooks the fact that the municipal system of partnership recognition is not legally binding.

  The Osaka District Court also claimed that the ‘true’ elimination of discrimination and prejudice should be achieved by constructing a social system through the democratic process of free discussion by the people. This was criticised by civil society as an abdication of the judiciary’s crucial role as the bastion of human rights. Also under fire is the court’s claim that marriage is purely for the purpose of reproduction.

  How can the international community support LGBTQI+ people fighting for their rights in Japan?

  Since 2020 J-ALL has been running a global campaign, Equality Act Japan (EAJ), alongside Human Rights Watch and other global human rights organisations. We would like you to sign the petition found in our website to ask the Japanese government to enact the LGBT Equality Act.

  If you are a private company, we will appreciate your cooperation in adhering to the Declaration of Business Support for LGBT Equality in Japan, which we promote as a part of the EAJ campaign.

  Last but not least, we would be happy if you could join us by checking out the current situation in Japan, follow our activities through our website or social media, and support us through a one-time or a monthly donation.

  Civic space in Japan is rated as ‘narrowed’ by theCIVICUS Monitor.
  Get in touch with J-ALL through itswebsite orFacebook page, and follow@lgbthourengokai on Twitter. 

• LATVIA: ‘Faced with hatred, we focus on delivering a human rights message’

  As part of our 2018 report on the theme of reimagining democracy, we are interviewing civil society activists and leaders about their work to promote democratic practices and principles, the challenges they encounter and the victories they score. CIVICUS speaks to Kaspars Zālītis about the challenges faced by LGBTI people in Latvia, and the actions undertaken by civil society to broaden civic space for sexual minorities and therefore to make democracy truly inclusive. Kaspars is the director ofMozaika - Association of LGBT and their friends, currently the only LGBTI rights civil society organisation (CSO) in Latvia. Established in 2006, Mozaika promotes gender equality and anti-discrimination; raises awareness of diverse sexual orientations, gender identities and expressions of identity;promotes an understanding of diverse family models and their legal recognition; and advocates for the harmonisation ofLatvian laws with international standards.

  1. What is the current situation of LGBTI rights in Latvia?

  On the International Lesbian, Gay, Bisexual, Trans and Intersex Association’s ILGA-Europe Rainbow Map, which measures each country’s respect for LGBTI rights, Latvia ranks 40^th within Europe, and last of all European Union (EU) member countries. In turn, the CIVICUS Monitor has reported several restrictions of civic space in Latvia. CSOs working on controversial topics are being targeted, and civil society has found it increasingly difficult to gain access to policy-makers. Mozaika has tried to lobby politicians and policy-makers for years, but they often prefer to meet in private rather than attract any attention that can lead to attacks from right-wing activists and politicians.

  The political climate is hostile for sexual diversity and for diversity as a whole. ‘Moral upbringing’ amendments introduced into the Education Law in 2015 - which mandate schools to promote ‘family values’ and marriage as part of education - have been implemented through the publication of guidelines that have caused fear among teachers of negative reactions if they touch on any LGBTI issues, and sexual and reproductive rights issues more generally. In 2016, a schoolteacher whose students had requested her to start a Gay-Straight Alliance was asked to refrain from doing so, and another teacher faced calls that he should close all his social media accounts so that students wouldn’t see his ‘LGBT-friendly’ attitudes - in other words, he was asked to hide his sexual orientation. Legislators bashed him on social media and insinuated that he was ‘recruiting’ children.

  In March 2018, parliament was quick to dismiss a Cohabitation Bill that would have granted basic rights to non-married couples, including same-sex ones. It did so on the grounds that couples could access these rights by getting married, even though the Latvian Constitution prohibits same-sex marriage. The initiative had started three years earlier through an online petition that gathered 10,000 signatures, which was why parliament had to consider it.

  2. What is the role of religious groups in this?

  Indeed. The Catholic Church has a lot of influence, and it is taking the lead in fighting the LGBTI community and pushing back against women’s rights. For instance, there has been a lot of disagreement over the ratification of the Council of Europe Convention on preventing and combating violence against women and domestic violence, also known as the Istanbul Convention, and parliamentary debate on the issue has been postponed until after parliamentary elections are held in October 2018.

  Church leaders and many public officials oppose ratification of the Istanbul Convention because one of its non-discrimination clauses concerns sexual orientation and gender identity. The Catholic Archbishop is rallying against it and has gathered considerable support among political parties and parliamentarians. He has managed to convince them that ratification is part of the secret agenda of so-called ‘genderists’ – an expression that originated in Russia, a country with a very strong cultural influence in Latvia. Church officials, right-wing activists and politicians and anti-LGBTI and anti-abortion groups depict the Convention as contrary to Latvian traditional values and as being aimed at over-sexualising and ‘converting’ children. These arguments are gaining ground among the public.

  This rhetoric is not the exclusive preserve of the Catholic church: the Lutheran church, which is the largest Protestant church in Latvia, is also taking a lead in fighting us and the Istanbul Convention. This is quite strange, because Lutherans, prevalent in Nordic countries, tend to be more liberal. But in Latvia they even voted against having female priests, following the lead of the Catholic church. Additionally, new religious organisations with direct links with US evangelical groups are emerging. Some of their leaders have been trained in the USA and are quite good at influencing people.

  Although religious leaders and organisations don’t have a direct and institutionalised role in policy-making, given that the Latvian Constitution establishes a separation between church and state, in practice they have a lot of influence. Church-state separation notwithstanding, the state has a religious advisory council, as does the City Council. It is not uncommon for the Catholic Archbishop to meet with the ruling coalition’s leading party, and for the party’s leader to then say that he has ‘consulted’ with the Catholic church and has decided to vote in one way or another. You can see a direct link because all this happens in public.

  We, on the contrary, don’t have access to leading politicians because they are not willing to risk their reputations by meeting us in public. At the most, we can expect to have a private meeting here and there. This has a lot of impact on us, especially as we see the religious right rise all over Europe. Religious organisations and right-wing parties are increasingly organised and coordinated to fight against gender equality and LGBTI rights at the European level, and they are getting a major influx of resources from the USA. They have way more resources than we do, and their message also resonates better with the latent homophobia in Latvian society, which is becoming increasingly vocal. And after the Brexit vote and the Trump victory, they are emboldened. The latest developments in Hungary and Poland are also proof to them that they may be closer to winning.

  3. Has this discourse penetrated the media?

  Most definitely. Our media landscape is quite pluralistic, and the state channel and public broadcaster at least try to provide balanced coverage. But some media outlets are outright hostile towards LGBTI groups, and one of them, a Russian outlet with a major agenda against the rights of women, migrants, refugees and LGBTI people, is clearly leading a crusade against us.

  Vilification of women’s and LGBTI rights groups is also increasingly taking place online. We are now constantly harassed on Facebook. At some point we realised these were not the usual people who used to attack us and we did some research to find out where the attacks were coming from, and found links to evangelical churches.

  Since January 2018, Mozaika has reported over 200 posts that are openly homophobic to social media administrators, and most of them have been taken down and their authors temporarily or permanently blocked. This caused all Mozaika activists to be blocked from accessing certain groups and pages, and we have evidence that a number of secret Facebook and WhatsApp chat groups have been created to follow our activities.

  4. Can you tell us more about the significance of Pride in Latvia and the Baltic Pride that was recently held in the capital, Riga?

  Pride in Latvia is the most visible LGBTI event in the country. It draws widespread social and media attention to our cause, but it also attracts a large number of expressions of hatred and brings to the surface negative attitudes towards the LGBTI community. Pride in Latvia grew from 70 participants who faced 3,000 protesters in 2005, to 5,000 participants at EuroPride 2015, which was held in Riga, and 8,000 in the recent Baltic Pride. In between, it was banned by Riga City Council three times.

  Mozaika applied for permission to hold Baltic Pride in February 2018. Latvian laws state that applications must be submitted no earlier than four months prior to the event and that if there is more than one application for an event to be held at the same time, priority will be given to the first applicant. Mozaika’s representative arrived at Riga City Council an hour before opening to make sure that Baltic Pride was the first applicant, and just seconds after he entered the building Antiglobalists, an anti-rights organisation, arrived to submit another request for an event that would take place at the exact same time and venue, but under the name “Promotion of paedophilia, zoophilia, necrophilia and other perversions.” They wanted to make the statement that if ‘homosexuals’ can promote their ‘perversions’, then they should also be allowed to promote any other perversion they could think of.

  Since it became known in late 2017 that Riga would host Baltic Pride, both Mozaika and Baltic Pride became targets. The leader of the Latvian Green Party-Riga Unit started a //medium.com/@juriskaza/latvian-science-fund-head-asks-to-ban-riga-pride-event-87173b6e2cbe">personal campaign against so-called ‘genderists’. He insisted that Baltic Pride should be banned and set up a Facebook page to ‘inspire’ activists for ‘traditional values’. Starting in January, Baltic Pride organisers received over a hundred personal attacks, warnings or threats. We were insulted, called sick and branded perverts on our Facebook pages on a daily basis. Hate campaigns were launched to convey the idea that Pride is a ‘sex festival’. Countless posts were made showing rainbows and guns, to create fear among potential participants and the LGBTI community and dissuade them from attending. Antiglobalists, Tautas tiesību kustība (National Rights Movement) and activists inspired by right-wing politicians also constantly posted statements to encourage others to stand against Baltic Pride. Sometimes they provided details about our activities, forcing us to restrict them to registered participants to ensure safety. We also had to take unprecedented security measures for Pride events.

  Fortunately, we could find common ground and work closely with the police. Counter-protesters attack and humiliate the police, but we treat them with respect. No public official or security officer supporting us would ever say so publicly, but we have been able to work together behind closed doors. In the end, Baltic Pride was a great success. We would have considered it a success if 2,000 people had attended, but over 8,000 did. There were no major incidents, although at some point eggs and smoke bombs were thrown at participants.

  5. How do you counter the anti-rights message?

  We focus on delivering a human rights message. We never blame the church or call anyone by name - we don’t talk about them. We counter argument with argument, and fiction with facts. If they say that perverts will march, we state the fact that 70 per cent of those ‘perverts’ are straight people with children. Against arguments that ‘naked people’ will march, we simply say we don’t know what Pride they are referring to because we have never had people marching naked in Latvia. When we are called perverts, we thank them for their opinion but insist that we want to have a conversation within a human rights framework. That is, we don’t want to limit anyone’s rights and we want to be able to exercise ours. Compromising and always staying within the confines of a positive message may be personally difficult for many activists, but that is what we are going for, no matter what we hear. We might explode afterwards, but while we meet we listen and stay calm.

  I always meet the Catholic Archbishop at state visits or embassy receptions and we have polite exchanges. I’ve told him I’m non-believer but I know that the message of Jesus is all about love and respect and I don’t see that coming from him – that’s when he leaves the conversation. Within Mozaika there are also religious people, and we have invited churches to have an open and public dialogue, but so far, they have always refused.

  6. What is civil society in Latvia doing to overcome these challenges?

  Civil society uses all the available mechanisms to highlight rights violations in the international arena, including at the EU level, and to try and influence decision-makers and politicians. However, our Minister of Justice, who is openly homophobic and transphobic, ‘does not see’ any restrictions. While we were organising our Pride event, the government was putting a lot of effort into organising celebrations for the centennial of the Latvian state, and often blamed critical CSOs for shaming the country abroad as such an important date approached.

  In this context, Mozaika planned several actions, including a social media campaign (‘I support freedom’) in which public personalities publicly expressed their support for LGBTI rights, and human rights more generally, and demanded that our government ensure that Baltic Pride could take place safely. We aimed to bring in people who are not typically seen as supporters of human rights and LGBTI rights, and then amplify their voices as allies of the LGBTI community. Ultimately, what we wanted to show is that the LGBTI community and its supporters were a lot more numerous and diverse than the handful of activists and the few hundred people who normally show up to our events. We also undertook efforts targeted at international organisations and foreign governments and activists. We asked them to encourage people to participate in Baltic Pride and demand that the authorities guarantee their safety.

  Of course, we continue to monitor, document and report online and offline abuses against LGBTI people, activists and organisations. We take down hate comments and instruct the community to report any attacks that they experience on social media to us so we can work to take down the posts. If prominent hate expressions get out there, we try to respond to them with a counter-message. But we have limited resources, so sometimes we leave them for liberal commentators to deal with, and we focus on using social media to counter the most blatant expressions of hatred, particularly if someone is attacked physically.

  Finally, we are trying to place LGBTI issues and broader diversity issues on the agenda of the campaign for the upcoming October 2018 parliamentary election. We are promoting public debate on these issues, presenting political parties with examples of the rights restrictions that LGBTI people face on a daily basis and asking them to provide policy solutions to create a safe environment for LGBTI people and other minorities. We will consider it a success if three or four political parties include LGBTI issues or other diversity issues on their agenda.

  7. What are your needs and what can donors do to help?

  The one thing we have wanted to do for a long time is a long-term communications campaign – not the kind that individual CSOs put together on their own, but a broader one coordinated by various CSO leaders and activists who provide the substance and set the tone, and that is executed and managed by a professional communications team. The problem is that all CSOs live from project to project and are barely sustainable. Mozaika is able to function thanks to the work of volunteers. So what we need most is resources to ensure sustainability. This includes building capacity, but this has to be done on the basis of the expertise that we already have. We have attended countless training events and seminars, and are tired of going to international meetings just to be told ‘this is the right way to do it’. We need customised approaches to find practical solutions to our specific problems. There is a lot for us to learn from France, Germany, or the USA, but lessons must be customised and they should come alongside the resources to ensure sustainability.

  Civic space in Latvia is rated as ‘narrowed’ by the CIVICUS Monitor.

  Get in touch with Mozaika through their Facebook page or follow @lgbt_mozaika and @KasparZ on Twitter and Instagram.

• LGBTQI RIGHTS: ‘There is an ongoing desire among many to more closely regulate morality’

  As part of our 2019thematic report, we are interviewing civil society activists, leaders and experts about their experiences of backlash from anti-rights groups and their strategies to strengthen progressive narratives and civil society responses. CIVICUS speaks to T King Oey, an Indonesian capacity development expert and a founder and board member ofArus Pelangi, the Indonesian Federation of Lesbian, Gay, Bisexual, Transgender, Transsexual and Intersex Communities.

  How does your network work, and what are the challenges you are addressing?

  Our organisation, Arus Pelangi, which means the Flow of the Rainbow, was established in 2006. This was during the Reformasi era that followed the ousting of President Suharto in 1998 after three decades in power. After this there was much more freedom and many repressive laws were revised. At this time LGBTQI people felt we should come together to stand for our rights. Before then the only context in which people talked about LGBTQI people was in relation to the mitigation of HIV/AIDS. So we decided to form an organisation purely to advocate for the rights of LGBTQI people.

  Arus Pelangi is a coalition of national and local groups of LGBTQI people. We network a lot with other human rights organisations, including those working on other aspects of diversity and legal reform. We have also been instrumental in the formation of a network across the Association of Southeast Asian Nations (ASEAN) member countries – the ASEAN SOGIE Caucus. It is based in the Philippines and Arus Pelangi is an important member. At the same time we are reaching out to local communities around the huge country of Indonesia. There are still capacity challenges in enabling far-distant communities to make their voices heard.

  What challenges have you faced in recent years?

  The space for democracy in Indonesia is becoming more restricted, and it is harder for us to be visible. When we started in 2006 we saw it as strategic to raise our visibility as much as possible, so people could see and understand LGBTQI people and know who we are. So we took part in demonstrations, held flash mobs, held public discussions, made media appearances – anything to make us visible as a group.

  From the very beginning there were all kinds of groups attacking us. But things got much worse in 2016, when all of a sudden there was this massive wave of attacks. Persecutions also began from 2016 onwards. The trigger was a pronouncement by the Minister of Research, Technology and Higher Education, Muhammad Nasir, that LGBTQI people should be banned from university campuses. Suddenly everyone joined in, saying that LGBTQI people should be banned from everywhere, that we should be criminalised.

  These attacks came especially from hardline religious groups. These groups had always advocated for criminalisation, but suddenly they had momentum because of what the minister had said.

  From then on it was no longer possible to be visible as an organisation, and to some degree even as individuals.

  How have extremist groups been able to organise, and how have they mobilised support?

  The Reformasi era created all kinds of freedoms for people to organise themselves, but the fundamentalists had the same freedoms, and they did very well in organising themselves. They have received lots of funding from Saudi Arabia.

  There has been a two-track development in Indonesia. Indonesia has become more part of a global society, more integrated in terms of technology, but at the same time people’s minds have become more conservative, due to the influence of fundamentalists. Fundamentalists have had more chances to preach, and to organise in all kinds of groups and organisations. One of the most well-known is Islam Defenders Front (Front Pembela Islam, FPI), which has been very vocal in attacking us, and they have been able to stop some of our activities.

  The attitude of the police has been ambivalent. They haven’t stopped the FPI from attacking us. Rather they have said that for our safety it would be better if we disband. They always use this argument of safety. Since 2016 the police have also been proactive in outing and arresting people. People are arrested, paraded in front of the media and then released without charge.

  This has had a huge effect on the whole community. People have become afraid. Since 2016 we have held hardly any public events. We have to keep things secret and do everything underground. We have also had to learn to take security measures. Many of our people became depressed and closed themselves away, stopped going out. It’s just like being back in the Suharto era. We aren’t free any more.

  Fundamentalists reached the level of power that in 2017 they were able to put Basuki Tjahaja Purnama, the Christian governor of our capital city, Jakarta, into jail for blasphemy. This was when the network of fundamentalist groups reached the height of their power. They were able to work together to do this. Indonesia has a blasphemy law, and once someone has been indicted, it is certain they will be convicted. I haven’t heard of any case when someone charged with blasphemy has walked free.

  How has the government responded?

  What is interesting is that this level of fundamentalism got to the point where it was threatening the position of President Jokowi. Only then did we see a concerted effort from the government to push back, and this process is still going on. The government has banned one of the fundamentalist groups, an international Muslim network that calls for the establishment of the caliphate, on the grounds that it does not adhere to the national ideology, known as Pancasila.

  A law the government recently passed on civil society organisations enabled it to do this. Human rights organisations criticised this law for being too loose and flexible. It could potentially enable the government to ban any group. This is the first time it has been used. The same law could be used against any group. It’s a double-edged sword.

  The government is considering banning the FPI. The government is also saying that it is coming to realise how many campuses have been infiltrated by fundamentalist groups, but it’s hard to know what’s going on behind the scenes.

  Has the April 2019 presidential election brought any changes?

  President Jokowi won re-election in April, but it seems he felt he couldn’t do it without the support of the moderate Muslims, as he took an Islamic cleric, Ma’ruf Amin, as his running mate. Ma’ruf is a fairly conservative cleric who has made all kinds of negative pronouncements against LGBTQI people. It’s a mystery for many people, even for supporters of President Jokowi, why he was chosen over all other candidates.

  For LGBTQI people, now President Jokowi has won re-election, it remains to be seen whether the coming five years will bring any improvement. We don’t believe President Jokowi is against LGBTQI people, and on some occasions, he has said that the rights of LGBTQI people should be protected. But this is the kind of thing he has said when he has been interviewed by the BBC. It is a message for the outside world, rather than for a domestic audience.

  What is also disappointing is that in his first term, President Jokowi prioritised a focus on the investment climate, emphasising massive infrastructure projects, such as ports, roads and power plants, and reforming the bureaucracy to remove obstacles against investment. Just recently he has announced that his second-term priorities are the same. He said nothing about human rights. Many were hoping that he would be less cautious in his second term. It remains to be seen how committed he will be to human rights.

  As well as LGBTQI groups, which other communities are subject to persecution?

  Other groups particularly vulnerable to human rights abuses are minority Muslim sects, which have been heavily persecuted over the years, and communists and those associated with them. This goes way back to the mass killings of 1965-1966. Survivors and second and third-generation family members are still suffering from discrimination and threats.

  The struggle for gender equality goes back many decades. Women are targeted by conservative groups. Shariah law applies in the province of Aceh, and they have introduced and are applying draconian punishments such as caning and stoning to death. Several LGBTQI people have been the victim of caning. There are attempts to criminalise non-normative sexuality elsewhere in Indonesia.

  There is an ongoing effort and desire among many to more closely regulate morality. It is a continuous battle to try to prevent more repressive measures. For example, parliament is currently debating a law on domestic violence, and conservative law-makers are asserting that many things we would consider as sexual violence, like marital rape, are not included. The dividing line is between following a hardline interpretation of the Quran or not. Despite its secular appearance, Indonesia has become a de facto religious state.

  How is civil society responding to these challenges, and what support could the international community and international civil society best offer to Indonesia’s LGBTQI community?

  Civil society has been trying to respond through networking, joint statements, lobbying parliament and campaigning, including through Change.org. But it can feel like fighting an impossible war, because the conservatives always seem to be more powerful, better organised and better resourced.

  We have to be careful when considering outside assistance, because one of the arguments that fundamentalists always use is about foreign influences and attempts to make Indonesia a liberal country. LGBTQI is characterised as a western concept that is incompatible with the culture. Of course if you look at the culture and history of Indonesia you see all kinds of expressions of non-binary gender, including in dances, songs, literature and rituals. This culture has been denied consistently by conservatives who say that the only culture is hardline Islam. The conservatives forget that Islam itself is an imported religion.

  In 2015, when the US Supreme Court legalised same-sex marriage, this created quite an uproar in Indonesia. Conservative groups always point to this and say that once they give in to one thing, this is what will happen. The global debate about same-sex marriage works both ways for us, because LGBTQI people in Indonesia have never suggested this – it seems too far away to even contemplate this, and we need to have our fundamental rights respected first – but at least it tells us we’re not alone.

  So you have to be careful, but solidarity helps. It helps LGBTQI people here to know they are not alone and have not been abandoned. If people have any chance to speak to government officials from Indonesia, they should use that opportunity to speak up for LGBTQI people and other vulnerable groups.

  At Indonesia’s United Nations Human Rights Council Universal Periodic Review session in 2017, many shadow reports pointed to the severe situation of LGBTQI people. There was quite a bit of criticism. The usual attitude of the Indonesian government is to cite social conservatism, but this time it was forced to acknowledge the need to take steps and it committed to hold a dialogue with the LGBTQI community. This was a concession that came because of international pressure. Of course, it remains to be seen what will happen on the ground. We have to keep the pressure on.

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

  Get in touch with T King Oey throughArus Pelangi‘s website.

• LGBTQI+ RIGHTS IN UGANDA: ‘Intolerance is fuelled by anti-rights groups and leaders’

  Following our 2019special report on anti-rights groups and civil society responses, we are interviewing civil society activists and leaders about their experiences of backlash from anti-rights groups and their strategies to strengthen progressive narratives and civil society responses. CIVICUS speaks with Pepe Julian Onziema, Programme Director at Sexual Minorities Uganda (SMUG). Formed in 2004, SMUG is a civil society umbrella organisation focused on advancing LGBTQI+ rights and supporting and protecting LGBTQI+ people in Uganda. SMUG advocates for policy reform and helps to coordinate the efforts of 18 LGBTQI+ organisations in the country. These organisations provide a variety of services to the LGBTQI+ community, including medical attention, counselling, guidance and economic empowerment programmes. SMUG works closely with local, regional and international human rights organisations and activists to end discrimination and ensure equal treatment of and respect for all LGBTQI+ people in Uganda.

  

  What is the situation of LGBTQI+ rights in Uganda?

  I would say it’s very unpredictable, but also not okay. At some level everything is mixed up; you can’t just look at one thing and say, okay, we are making this progress, because somehow when you make progress you also move backwards on another front. So generally speaking, I would say the situation is confusing and unpredictable. The only aspect in which we have made consistent progress is in the area of HIV/AIDS, working through the Ministry of Health.

  The situation of LGBTQI+ people is difficult, and I wouldn’t be able to say whether it’s because of social attitudes or discriminatory laws. People’s social attitudes towards LGBTQI+ people are affected by the law, but on the other hand the law is what it is because of people’s religious views and the influence of religion over politics. But if I had to say which the biggest problem is, I’d say it’s social attitudes and widespread lack of acceptance. If this changes, I am sure the law would follow.

  In Uganda, LGBTQI+ people experience all kinds of attacks and violence, but this depends much on where you live. In popular areas trans women and gay people, or people thought to be gay, both male and female, are attacked from motorbikes or taxis. In the suburbs and expensive urban areas there is a bit more safety. However, a lot of new apartments have been built and many people are moving in, and then if your neighbour finds out or suspects that you are an LGBTQI+ person, then they can go tell the landlord, who will usually feel the pressure to throw you out without even paying back your rent. Everything is based on suspicion, spying and resentment. There is no need for any evidence of someone being gay, so people panic. There is a lot of gay panic because if anyone just mentions that someone else is LGBTQI+, it is to be expected that action will be taken, including physical violence. They can beat up the accused person or use extortion and blackmail. This is especially common with trans people, who are accused of impersonating someone else, adopting a fake identity.

  We’ve worked a lot to raise awareness, informing people that even under our regressive laws, being gay is actually not a crime. It’s subtle, but the law talks about acts that are not permitted, rather than about identities that are not allowed to exist. There is more awareness of this now, but this awareness has made intolerant people more clever: they know they cannot denounce someone just for being gay, so they go on and invent stories. They tell the police false stories about things that gay people have done, so the police have to come and arrest them.

  Although the law does not ban the existence of gay people, there is certainly no law that protects the rights of gay people. While laws guarantee the right to life, to the freedom of association, and so on, when it comes to LGBTQI+ people those do not fully apply. We don't have access to all those rights as anyone else.

  Are LGBTQI+ civil society organisations allowed to function, or do you face restrictions? How do you manage to get your work done?

  LGBTQI+ organisations are not allowed to register. They are denied formal recognition as civil society organisations (CSOs). That is the case with my organisation, Sexual Minorities Uganda, which was founded in 2004, so it will soon be turning 16 years old, and is still unregistered. Our right to associate is limited in several ways, but we’ve been persistent and consistent in challenging the government. We take advantage of legal loopholes and organise ourselves as a loose group. We have sued the government on the basis that the constitution grants us the right to the freedom of association. We’ve found the court system is not terribly fair, but still, it does not always work against us, and we have won several cases.

  In the past few years, the High Court has issued several progressive rulings, stating that the fundamental rights recognised in the constitution, such as the right to personal liberty, the right not to be subjected to torture or cruel, inhuman, or degrading treatment or punishment, and the right to privacy, apply to all citizens. As a result of a High Court ruling on discrimination, it is now possible for LGBTQI+ people to file cases against employers who have fired or harassed them, or landlords who have evicted them. So we’ve seen some progress within the justice system, and this has given us the courage to continue going to the courts to fight when the government wants to impose further restrictions.

  As well as the lack of legal recognition, we face restrictions in our daily work. For instance, when we hold a workshop or some formal function for the community, we are usually raided by the police. The Minister of Ethics and Integrity has been particularly notorious and shameless in shutting down our meetings. He has gone on radio and other media to say that he would never allow LGBTQI+ organisations. So we try to keep up our work by doing it through collaborations with other CSOs, but there’s only so much we can do, because when they learn that we are working with us then somehow they also become targets by association.

  Who is behind these restrictions? Is discrimination and violence against LGBTQI+ people fuelled by political or religious leaders?

  Absolutely. The intolerance enshrined in the law and expressed in social attitudes is fuelled by anti-rights groups and leaders. This backlash was particularly intense around 2009, when right-wing evangelical groups from the USA came to Uganda and helped our government draft a law, the Uganda Anti-Homosexuality Act, that would have criminalised same-sex relationships and introduced the death penalty for serial offenders, HIV-positive people who engage in sexual activity with people of the same sex, and people who engage in same-sex sexual acts with minors. The law also sought to punish the promotion of LGBTQI+ rights with fines, imprisonment, or both.

  We fought this bill for years. The proponents of the law said that we are after children, that we were recruiting them and needed to be stopped. They wanted to turn people into spies – our own neighbours, our parents, teachers, doctors and priests. Anyone who knew a gay person had to report this fact to the authorities or they would also become a criminal.

  A modified version of the bill was passed in 2013, and it punished ‘aggravated homosexuality’ with life in prison instead of the death penalty. In reaction, the US State Department announced several sanctions against Uganda, and in 2014 the Constitutional Court annulled the law on a technicality. But its effects are still there, in the form of ingrained discrimination against LGBTQI+ people. And the root causes of such laws being proposed in the first place are also still there. It all comes down to the idea of turning people’s religious belief into law.

  So the most homophobic piece of legislation that Uganda has ever seen was actually a foreign import. Do you see an international anti-LGBTQI+ rights coalition at work here?

  Absolutely, and curiously enough – because anti-LGBTQI+ rights groups keep saying things like homosexuality is a foreign custom, and that it runs counter to national culture and morals, while in fact it is homophobia who is most foreign. Homosexuality was accepted and quite common in pre-colonial Ugandan society; we even had a king who was gay. Laws punishing homosexuality were first introduced in colonial times, under British rule, and they stayed in place after we gained independence. Something similar happened with Christianity, which was an import but took deep roots.

  And the churches that were brought from the USA and started proliferating are of the most intolerant kind. You can find these evangelical churches every 500 meters in Uganda, and people preaching all over the place, even outside the churches, on every street corner. The evangelical movement is huge and has spread fast across the country. In most cases, they focus their preaching on sexuality, abortion, how women dress, things like that. They deliberately use their Bible to discriminate against LGBTQI+ people and women.

  Have you seen any change, for better or worse, over the past year?

  It is difficult to tell. For instance, in 2018 we thought we were making a bit of progress, but then we started seeing more murders, at least three or four, so we felt in danger and we panicked because we thought, we’ve made progress in dialogue with governmental officials, we have done training the police, and it really shocked us – the idea that we were trying to educate people, we are trying to have a conversation, and this is the kind of response that we get. This cast doubt on the progress we were making.

  Still, I would say that the fact that we are able to have some form of dialogue with the government is a proof of progress. The fact that when people are arrested we are able to negotiate the release of some is something that we wouldn’t have seen even three or four years ago, so there is some progress.

  How do you account for the differences between Uganda and, say, Botswana, which is currently experiencing significant positive change?

  I think we are not experiencing the same kind of progress because religion is so deeply rooted in Uganda. If you speak to Ugandans, the first thing that they will tell you, even before introducing themselves, is that they are Christians. And our president has been able to turn religion into law. Ugandan politicians have manipulated religion to divert attention from corruption and mismanagement, so they focus on homosexuality instead. This political use of religion, and the fact that religious beliefs have been made into law, that’s what sets us apart from Botswana.

  What are LGBTQI+ organisations in general, and SMUG in particular, doing to change both legislation and public attitudes?

  SMUG focuses on four areas: advocacy for reform, capacity strengthening, research and safety and protection. The four areas are connected: in the area of safety and protection, for example, we take care of victims and survivors of violence, but we also document, collect and analyse data and use it as evidence in our advocacy work. We also make sure that police officers are trained so they know how to treat LGBTQI+ person in case they are arrested, so they change their attitudes and the ways they handle them. We work with magistrates and the judiciary services institute and try to educate them on LGBTQI+ issues, because otherwise when a gay person is arrested, most of the time cases are based on hearsay and they don’t even ask for evidence; they make decisions based on prejudice. We do a lot of campaigning and awareness-raising across Uganda. We have regional focus groups where we train people on how to deal with safety and security.

  We also do international work at the United Nations human rights bodies, in Geneva, as well as at the African Commission on Human and Peoples’ Rights as well: we have a document that came out of there, Resolution 275, that we did with activists and organisations from across Africa, which prohibits any country from violent attacks towards LGBTQI+ people. Of course we are trying to get that implemented in our own countries so our human rights bodies can take on that Resolution as guidance on the protection of LGBTQI+ people.

  Is there any evidence that people’s attitudes might be changing?

  We put most of our work on social media, and about 10 years ago, we would find out on Facebook that 98 or and 99 per cent of Ugandans were against homosexuality. Ninety-nine per cent – it’s crazy, because it would mean that even gay people – who are definitely more than one per cent of the population - rejected homosexuality.

  But now we’ve come to the point where both sides appear to be more balanced. We post something on our website or our social media platforms, and find reactions are split approximately in half. So I think there has been a change of attitudes, especially among young people, because there are a lot of young people on social media who really don’t care about this whole debate over sexuality. They are just trying to live their lives.

  To what extent is Ugandan civil society as a whole standing with LGBTQI+ civil society?

  There definitely are divisions within civil society. You have to remember that we all come from the same society and have the same background, which is religious, and we are talking about a society and a religion that consider homosexuality as an abomination. However, there are a few – fewer than 10 – CSOs that stand with us. Most of our allies are organisations working on health, and a couple of them do legal work. They have all come from a long way educating themselves about LGBTQI+ issues, and when they do not know something, they ask.

  You mentioned that anti-right groups have international connections and support. Do LGBTQI+ rights organisations enjoy similar connections? What kind of support would you need from international civil society?

  If you had asked me this question five years ago I would have told you to please give human rights organisations money because we are able to work with them. But now I would respond differently: what we need most urgently is to empower more LGBTQI+ people to occupy positions of influence. We’ve experienced violence and discrimination from within the movement, from our own allies, so we need to start having more honest conversations and better accountability for the work that human rights organisations do on LGBTQI+ issues, and see if they really understand what they are doing. To me, it’s about power coming back to the LGBTQI+ community, and the LGBTQI+ community being able to use those positions of power to speak up and negotiate for our own freedom. So my main advice would be, don’t fund other people to speak for us, because we can speak for ourselves.

  It is important that you consult us. There certainly are organisations that are good to us. So if you want to support us, talk to us and we’ll tell who work we best with us, and use this as guidance rather than deciding according to what works best for you as an international organisation.

  Civic space in Uganda is rated as ‘repressed’ by theCIVICUS Monitor.
  Get in touch with Pepe throughFacebook,LinkedIn orInstagram, contact SMUG through itswebsite andFacebook page, and follow@Opimva and@SMUG2004 on Twitter.

• MALAYSIA: ‘We need global solidarity to push back on attacks on rights’

  As part of our 2019thematic report, we are interviewing civil society activists and leaders about their experiences of backlash from anti-rights groups and their strategies to strengthen progressive narratives and civil society responses. CIVICUS speaks to Thilaga Sulathireh of Justice for Sisters and Seksualiti Merdeka about LGBTQI rights in Malaysia and the ways in which state and non-state forces are working together to deny rights.

  Can you tell us about your work and the status of LGBTQI rights in Malaysia?

  I work with Justice for Sisters and Seksualiti Merdeka. Justice for Sisters is a network that primarily works for the human rights of trans people in Malaysia, and we provide legal support, do human rights documentation, engage in national policy work and undertake advocacy with the United Nations (UN) to highlight human rights violations. At Seksualiti Merdeka, we recently launched a website, Queer Lapis. We do capacity strengthening and content production. The work we do is very much grounded in feminist, intersectional principles, and from a queer perspective.

  The human rights of LGBTQI people are definitely regressing in Malaysia. Malaysia historically inherited section 377 of the Penal Code, which criminalises ‘unnatural’ sexual acts, from British colonial rule. Section 377 has been amended several times, and the last amendment in 2017 resulted in the imposition of mandatory whipping as a punishment for consensual carnal intercourse deemed unnatural. The law is gender-neutral but it is used in political ways. As a result, people see it as a law that applies to gay people. We also have shariah laws in three states of Malaysia, introduced between 1995 and 2013, that penalise same-sex relations and posing as a woman or man. Unlike Section 377, these laws directly criminalise sexual and gender identity. The implementation of these laws varies according to state, but amongst them, the law against posing as a woman is most actively used.

  Has the situation for LGBTQI people changed in recent years?

  In recent years, arrests and raids made under these laws have decreased, because of a legal challenge that took place between 2010 and 2015. An appeal went through the different stages of courts. We got a negative decision in the High Court and then won in the Court of Appeal, which upheld that the law was unconstitutional, but then the decision was overturned by the Federal Court. But because of the activism around this case, the number of arrests significantly reduced.

  At the same time we saw a shift in tactics by the government’s Islamic Department, which has adopted a softer evangelical approach towards LGBTQI people. They saw that heavy prosecutions were giving the department a bad image, so there was a shift towards a softer approach, around promoting the ‘rehabilitation’ of LGBTQI people. There is a narrative that LGBTQI people need help in returning to the ‘right path’.

  We saw an increase in state-funded ‘rehabilitation’ activities in this decade, at the same time that Seksualiti Merdeka, which used to organise festivals, was banned in 2011. The government decided it needed to increase its response to this growing LGBTQI movement. This gave rise to more groups that promote and provide ‘rehabilitation’ or ‘conversion therapy’. We have seen more anti-LGBTQI campaigns in universities and on social media. We have seen more concerted efforts overseen by the Ministry of Religious Affairs, which sits under the Prime Minister’s office, and which launched a five-year action to plan to address the ‘social ills’ caused by LGBTQI behaviour. This brought together most ministries.

  As well as the use of various laws and increased state funding for anti-LGBTQI activities, we have seen a heavy-handed response to the freedoms of association and assembly of LGBTQI people. For example, when LGBTQI people have taken part in women’s marches, their organisations have been investigated.

  Did anything alter as a result of the May 2018 election, which saw the first change of government in Malaysia’s independent history?

  The 2018 election has historic in that it changed the administration, but the government has adopted and continued the same policies. Nothing has changed from the LGBTQI perspective. We still see the same amount of resources going into policies that treat LGBTQI people as a problem.

  There is also an ongoing struggle between the new government and the former ruling party that is now in opposition, and this is used to justify the lack of change for LGBTQI people. Right after the election a lesbian couple was arrested in the state of Terengganu, which is an opposition-controlled state. They were charged for sexual relations between women and caned openly in the public court. After this there were also two cases of caning of sex workers.

  So there is all this moral policing. Homophobia is real, but there is also a political tussle and mind games being played over who are the guardians of Islam and race. In this crossfire LGBTQI issues and people become politicised.

  Who are the main groups attacking LGBTQI rights in Malaysia?

  All the groups attacking LGBTQI rights use evangelical language, similar to the right wing in Europe or the USA. They reject the universality of human rights, are nationalistic, oppose pluralism and diversity in many ways, prioritise a particular race or religion and support ‘conversion therapy’. Some of the state-funded activities towards LGBTQI people are carried out by these groups.

  There are celebrity preachers who post social media videos encouraging people to troll LGBTQI people and those who post LGBTQI-related content. There are also individuals who make homophobic comments and conservative student groups who organise against LGBTQI people. But they are less physically aggressive than those in Europe and the USA. They are often careful not to insult LGBTQI people out of fear of giving Islam a bad name.

  There are also ethno-nationalist groups, with the purpose of protecting Muslims and ethnic Malays, that also engage in anti-LGBTQI activity. These don’t adopt an evangelical approach. They engage more in reporting LGBTQI people to the police, and sometimes physical intimidation and violence. At the last women’s march, we saw some of these groups physically intimidating participants. They also issue statements and have an active social media presence.

  Then there are groups that call themselves Islamic non-governmental organisations (NGOs), some of which come together under a coalition of Islamic NGOs that participate in the Universal Periodic Review (UPR) process of the UN Human Rights Council (UNHRC). These include groups that use more rights-oriented language, given that they engage in the UPR process, and particularly use the language of religious rights. They position what they call the ‘rehabilitation’ of LGBTQI people as consistent with these religious rights. They also cite examples such as the case of a bakery in the USA that was taken to court for refusing to provide a cake for a same-sex wedding to support their arguments for religious rights. Some of these are groups of doctors, lawyers and academics, and they make pseudo-scientific and legal arguments against LGBTQI rights. Some of these Islamic NGOs also provide services, and as such are involved in the government’s ‘rehabilitation’ programme.

  Within civil society, there is a tension between groups that support the universality of human rights and those that oppose it. Between those that promote pluralism and liberalism and those that oppose these. Between those that support LGBTQI rights and those that talk in terms of ‘rehabilitating’ LGBTQI people.

  How do these tensions play out around civil society’s engagement at the international level?

  Some of those Islamic NGOs engage in policy spaces. If LGBTQI CSOs attend a government consultation on the UPR, they share the space with these.

  The UPR process – and UN processes more generally – offer a key site of contestation between these two camps. The second UPR cycle in 2013 was seen by critics as an attempt by civil society to push for the recognition of LGBTQI rights and destabilise the position of Islam in the Federal Constitution. There was a lot of pushback. And then in the third UPR cycle in 2018, these groups participated in the process and claimed space. Some of the recommendations of this group were included in the report compiled by the UNHRC.

  When the Government of Malaysia tried to ratify the International Convention on the Elimination of All Forms of Racial Discrimination and the Rome Statue of the International Criminal Court, there was a lot of pushback from these groups and attempts to mobilise Muslim people against ratification. The government pulled out of ratifying on the grounds that it would affect the position of Islam and could offer an entry point to the recognition of LGBTQI rights.

  How do different groups that oppose LGBTQI rights connect and receive support?

  After the corruption scandal that led to the ruling party losing the election, ethno-nationalist groups are no longer as closely linked to political parties as they used to be. I suspect now they are mostly self-funded. With Islamic NGOs, I suspect they receive some foreign funding. Some have a presence outside Malaysia as well. There is an umbrella group, ISMA (Malaysian Muslim Solidarity), which apparently has an office in Germany.

  We also believe some groups receive state funding for their participation in the government’s anti-LGBTQI programme. When a colleague raised the issue of state-sponsored violence against LGBTQI people at a UPR meeting, this created a lot of protest from Islamic NGOs, including those linked with ISMA, who demanded an apology and retraction. The small organisations that are providing ‘rehabilitation’ services also mobilised in their support, making quite clear the connections between groups receiving state funding to provide services and Islamic NGOs advocating against LGBTQI rights.

  How is progressive, rights-oriented civil society trying to respond?

  In the last few years LGBTQI groups are also pushing back and being more organised. The coalition of human rights organisations that participated in the UPR process has also tried to engage with Islamic NGOs and tried to increase engagement by pro-human rights Islamic organisations. They had some success in the UPR process in getting some groups to recognise the discrimination LGBTQI people face. Now there are more civil society groups that are countering arguments against universal human rights online, and more actions to communicate human rights messages in popular ways and in different languages. LGBTQI groups are working on communication strategies. We need this because we face overwhelming misinformation about LGBTQI people.

  LGBTQI groups recognise that these issues aren’t restricted to Malaysia alone. We see a lot of tension at the UN level and realise these issues are ongoing, with states pushing the adoption of problematic language. For example at the Commission on the Status of Women in 2019, language about sexual orientation and gender identity was dropped because of pushback from conservatives. This is a global issue. Civil society everywhere is dealing with these challenges. So how can we come together and strategise around this? How can we do global activism better?

  We need to make sure there is diverse representation in these international forums. We need to have global solidarity to push back on attacks on rights.

  Because there’s a religious dimension to this, and because Islamophobia is on the rise, we need also to be careful when talking about these issues not to encourage more Islamophobia. We need to have more conversations about how we address intersectional forms of oppression and also give spaces for Islamic groups to participate in processes that help address Islamophobia. This is something that as civil society we need to be sensitive to.

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

  Get in touch with Justice for Sisters through itswebsite andFacebook page, orfollow@justice_sisters on Twitter.

• MALTA: ‘People should be able to access abortions locally without the risk of criminalisation or stigmatisation’

  CIVICUS speaks about the struggle for abortion rights and the anti-rights backlash in Malta with Break the Taboo Malta.

  Break the Taboo Malta is a storytelling platform that documents abortion experiences to highlight the lived reality and address abortion stigma in Malta.

• MAURITIUS: ‘LGBTQI+ people no longer need to live with the constant fear of being criminalised’

  CIVICUS speaks with Najeeb Ahmad Fokeerbux, founder of the Young Queer Alliance (YQA), about the recent ruling by the Mauritius Supreme Court that declared the criminalisation of same-sex relations unconstitutional.

  The YQA is a non-governmental, youth-led and apolitical organisation registered in Mauritius that seeks to empower LGBTQI+ people and organisations, promote equality and lead change.

  What is the situation of LGBTQI+ rights in Mauritius?

  The human rights of LGBTQI+ people in Mauritius have progressed for one and a half decades now. The issue of healthcare for LGBTQI+ people was raised in the National Assembly as early as 1995 with regard to HIV/AIDS prevention, care and treatment. Since then, we’ve seen strides with HIV interventions targeted at LGBTQI+ people with change accelerating since 2008. The Employment Rights Act was passed in 2008, and would later become the 2019 Workers’ Rights Act. The Equal Opportunities Act was promulgated in 2012 and the Civil Status Act was amended in 2021, allowing for the registration of sex at birth of intersex persons as ‘undetermined’.

  Yet local organisations, including the YQA, have faced a deadlock in addressing some pressing needs and aspirations of LGBTQI+ people such as the decriminalisation of homosexuality, the recognition of trans people and marriage equality, and it didn’t seem that legislative change would occur anytime soon.

  What was the process leading to the decriminalisation of same-sex relations?

  Conversations around litigation to challenge section 250(1) of the 1838 Criminal Code, which criminalised homosexuality, started as early as 2014. Numerous community consultations were held, but no queer people were ready yet to take on the challenge. It was a David versus Goliath situation.

  Since YQA was founded in 2014, advocacy efforts started making progress with policymakers. Conversations gained new momentum in 2018 with the queer community winning support from international allied organisations. India decriminalised homosexuality in 2018, and with around 65 per cent of Mauritians being of Indian descent, this had a lot of impact. There didn’t seem to be a reason for Mauritius not to follow suit.

  In September 2019, with the support of two law firms based in Mauritius and France, three friends and fellow activists and I approached the Supreme Court to seek constitutional redress on the basis that section 250 (1) of the Criminal Code violated our fundamental rights and freedoms and was therefore unconstitutional. Two additional cases followed: one by renowned gay artist Henry Coombes and another one by a young queer activist, Ridwaan Ah-Seek.

  But change wasn’t going to happen if we only sought it in court. We had to accompany the legal process with efforts to change the hearts and minds of people. In other words, we had to fight two battles – one in court and another in society – at the same time, while ensuring that plaintiffs remained safe and didn’t lose the courage to continue a legal battle that would take years.

  The YQA mobilised the community and funding from donors for this strategic and planned effort. In addition to our lawyers, we got support from the Canada Fund for Local Initiatives, the Equal Rights in Action Fund of the National Democratic Institute, the European Union delegation in Mauritius, Planet Romeo Foundation and The Other Foundation. They supported a range of projects to empower LGBTQI+ ambassadors, provide media training, engage with both the public and private sectors and undertake research. We submitted the results of a research project we conducted in 2021 to the courts as evidence.

  The four plaintiffs – two Hindus, one Christian and one Muslim – brought to court our stories as queer people from all parts of Mauritian society. Three of us being public officers, we were able to show the challenges we faced due to this abhorrent law being on the books. We played our part and our skilled lawyers played theirs. One thing led to another, and four years later, on 4 October 2023, LGBTQI+ people in Mauritius no longer needed to live with the constant fear of being criminalised.

  What made Mauritius not follow the regressive path taken insome other African countries?

  The Supreme Court showed independence, impartiality and sensitivity to human rights. The principle of separation of powers was upheld. Mauritius is seen as a respected political and economic player in the region. We hope we will be an example for other Commonwealth and African Union member states to follow.

  However, we recognise that unfortunately, many African countries are plagued by dangerous imported extremist doctrines that are erasing the core meaning of being African. The situation is worse than that when the colonial masters enslaved us, for it is our own kin, people with our same skin colour and the same African roots, who are dehumanising and un-Africanising us, while it is them who are bringing in an imported ideology – homophobia.

  What’s next on the LGBTQI+ agenda in Mauritius?

  Two issues that need to be tackled are the recognition of trans people and marriage equality. By preparing ourselves and providing there are adequate resources, the YQA will be able to help us overcome these two injustices.

  This ruling paved the way for greater inclusion of LGBTQI+ people in Mauritius. But although same-sex private sexual relationships among consenting adults have been decriminalised, it remains crucial to educate queer people and people in general about the ruling and its implications for human freedom, equality, dignity and rights.

  What international support do you receive, and what further support do you need?

  The YQA works in networks with LGBTQI+ activists and organisations in the region and beyond. This is what makes our queer movement a global one. And it contributes to learning, sharing and lifting each other’s spirits.

  Achieving the recognition of trans people and marriage equality will require institutional support, strengthened allyship, the participation of the private sector and sustained funding. At the same time, Mauritius is set on the path to becoming an upper-middle-income or high-income economy, making organisations such as the YQA ineligible for donor aid. Donors have to understand that the overall economic situation does not benefit LGBTQI+ people equally and should therefore continue providing targeted support, capacity development and funding to LGBTQI+-led organisations to continue our work.

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

  Get in touch with the Young Queer Alliance through itswebpage orFacebook page.

• MEXICO: ‘Legal change on LGBTQI+ rights does not bring instant social change’

  CIVICUS speaks with Erika Venadero about the recent extension of same-sex marriage rights to all of Mexico’s states and the ongoing campaign to realise LGBTQI+ rights in Mexico. Erika is a sexual diversity human rights activist in the state of Jalisco and a member of the National Network of Diverse Youth (RNJD), a coalition of LGBTQI+ youth rights groups from across Mexico.

  What work does RNJD do?

  RNJD is a space that was born out of the 2019 Consultative Youth Parliament, where a Youth Law was discussed.

  As young people we had no legal recognition. We had never been considered as subjects of rights. The people in charge of making the laws and dictating the rules according to which we should lead our lives are adults, even quite old adults, and mostly men. Not surprisingly, they do not understand and prioritise our interests and needs, and instead legislate for adults, and especially for adult men. Hence the need to demand that we be recognised as young people and, above all, as diverse young people.

  Only recently has our network become formalised as a civil association. We are only three years old. Nevertheless, we have engaged in the recent process to legalise same-sex marriage.

  While most of us don’t wish to enter into a civil union, proving our relationship to a public official with signatures and other formalities, we know there are people who wish to have this experience, and exclusion from this right is accompanied by many other forms of exclusions Even if we don’t want this, or don’t want it at this point in our lives, we know that other LGBTQI+ people do, and that the denial of this right is part of what makes LGBTQI+ people second-class citizens.

  What was the process leading to the legalisation of same-sex marriage like, and what role did civil society play in it?

  The struggle for the recognition of the symbolic union between two people who love each other – simply two people, as the current law puts it, without any gender markers – began many years ago, and progressed thanks to the work of individuals and groups who pushed to extend this right to all people.

  LGBTQI+ people are treated as second-class citizens simply because we do not comply with socially established norms that privilege heterosexual relationships. Laws are written and implemented, and all political and social spaces are created, occupied and run by heterosexual people. So this struggle began with a reflection about our lack of representation and visibility in various spaces: personal, political, social and work-related, among others. We have the right to live a full life, but the hegemonic practices that are imposed on us prevent us from living a free life due to the simple fact that we are who we are and love who we love.

  The legalisation of equal marriage in Mexico has been a victory for civil society, and specifically for LGBTQI+ collectives and their allies working with LGBTQI+ people day in and day out. Through their daily work on the streets and in every space, they shifted opinions and reached agreements for the recognition of our rights to be taken forward to the political level of decision making.

  That is why RNJD has been present throughout the process, from the early drafts of the law to parliamentary debates and votes. These are debates that can go on for a long time. As they deal with ‘sensitive’ issues, some political sectors will try to postpone votes indefinitely in the hope that the issue will fade into oblivion. That is why it was important for RNJD to stand firm to demand these bills be discussed and voted on. We will continue to stand firm for the laws to be implemented.

  Have you faced anti-rights campaigns or any other form of backlash?

  Every time LGBTQI+-related news comes out, the response is an avalanche of diversophobic comments. Our very nature makes some people uncomfortable. All our lives we have been forced to live under heterosexual norms, so we have faced anti-rights expressions for as long as we can remember.

  During the recent process to change the law we have faced an intense anti-rights campaign. Not only do anti-rights groups insult and attack us, they also denounce our publications on social media and have sometimes managed to have them removed. We activists suffer constant personal attacks and our social media accounts are frequently blocked. In my case, for instance, an anti-rights group once attacked me so much and reported my profile so many times that Facebook took it down. It’s really hard to understand what it is that bothers them so much.

  Lots of people express hatred towards us. Many keep close watch of everything we do and every single thing we upload, both on the RNJD page and on our personal accounts.

  Clearly people already know who we are and what we do. The network is extremely active and visible in social, political and cultural spheres. We have had very tense internal discussions about the double-edge sword of visibility. Our work has made us visible to both those who hate us and those who are willing to get information, learn about our work, understand what we are about and eventually support us. I prefer to focus on those who come to us for information rather than those who throw their hatred at us.

  To confront anti-rights movements and hate speech, our strategy is to generate alternative narratives. We even use humour to disarm their arguments. For instance, we suggest that they love the traditional heterosexual family so much that they feel like having two of those – a reference to infidelities and what is colloquially known in Mexico as the ‘big house’ and the ‘small house’. These response mechanisms have helped us provoke dialogue.

  What are the next steps after the legalisation of same-sex marriage in Jalisco?

  The idea that equal marriage is now legal in all Mexican states and LGBTQI+ people can marry just about everywhere is simply not true.

  Although the bill has been voted into law in Jalisco, the civil registry manual continues to define marriage as a union between a man and a woman. As long as local legislators do not change this, many civil registry officials will continue to resort to this text to deny LGBTQI+ people access to equal marriage.

  In addition, several Mexican states have passed and implemented equal marriage laws years ago, despite which many obstacles still remain. Legal change does not bring instant social change. Hence the importance of continuing to focus on cultural change. Laws can change very quickly, and they do change overnight, but culture does not, and we must not forget that those who manage civil registries are people who have been socialised in a certain culture. Even if they are public servants and must apply the rules emanating from the state, they may also have particular religious or moral convictions. Changing these takes time. The process of cultural change is extremely slow, but we need it to happen to unlock all the locks.

  What other challenges do LGBTQI+ people face in Mexico, and what else needs to change?

  LGBTQI+ people in Mexico face many, many challenges, largely as a product of overlapping vulnerabilities and inequalities. For example, the same issues that affect women in general also affect LGBTQI+ women: the fact that we are lesbian, bisexual or transgender does not mean that we are not women and cannot become pregnant. But in most of Mexico it is still not legal to voluntarily terminate a pregnancy, despite what the Supreme Court has said about it.

  Another huge problem in Mexico is that of enforced disappearances. Jalisco, my state, is one of the states with the highest numbers of disappeared people – and LGBTQI+ people are among the disappeared.

  Another pending issue is the Care Act, currently blocked in Congress. LGBTQI+ people need safe spaces to inhabit, grow up and grow old. All our research, all our statistics indicate that LGBTQI+ people in Mexico are alone and largely unsupported.

  A specific problem for LGBTQI+ people is so-called ‘conversion therapies’. These consist of inhumane and degrading acts aimed at suppressing diverse sexual orientation, that is, aimed at eliminating our true selves. I have personally experienced ‘corrective rape’. My aggressors, people who claimed to be followers of the word of God, told me that they were ‘making me a woman’.

  Centres offering ‘conversion therapy’ operate throughout Mexico and do so legally. Legislation is currently being discussed at the national level to put an end to these therapies, but in the meantime these places continue to operate. In Jalisco, the centres that carry out these practices only need to register and pay a monthly fee. A simple formality and payment enables them to commit countless atrocities.

  Another pending issue is that of the recognition of gender identity, especially regarding children. Several states have laws granting trans people legal recognition of their self-perceived identity, but many more have not yet started moving in that direction.

  As much as we continue to fight and mobilise, we may not see all these changes materialise, in which case we will have done it for the generations coming after us. We are creating spaces for the future in the same way that others did for us since the 1980s. We will make sure that things keep moving forward.

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  Civic space in Mexico is rated ‘repressed’ by theCIVICUS Monitor.

  Get in touch with the National Network of Diverse Youth through itsFacebook page and follow@RNJF20 and@kika_venadero on Twitter.

• MEXICO: ‘The Supreme Court’s ruling marks a before and after in the struggle for reproductive justice’

  CIVICUS speaks about the recent Supreme Court ruling decriminalising abortion in Mexico with Brenda Rodriguez, communications coordinator of Information Group on Reproductive Choice (GIRE, Grupo de Información en Reproducción Elegida).

  GIRE is a feminist and human rights organisation that has been working for almost 30 years so that women and other people with the capacity to bear children can exercise their reproductive rights.

  What is the current state of abortion rights in Mexico?

  In recent years, Mexico has made rapid progress in making abortion a guaranteed health service for all women and people with the capacity to bear children. Currently, 12 states have partly decriminalised voluntary abortion, but another 20 still consider it a crime.

  Even in states where abortion has been decriminalised access to the procedure for all women and pregnant people is not guaranteed. Barriers to access are a constant.

  So there is still a long way to go. Among the many pending issues is the need to stop considering abortion a crime and, instead, to include it in health and public policy regulations to ensure information is provided and guidelines are published guaranteeing comprehensive, safe and quality care.

  Why is the recent Supreme Court ruling important?

  The ruling issued by the Supreme Court on 6 September was a landmark achievement. This ruling decriminalised abortion at the federal level, forcing the Congress of the Union to repeal the articles of the Federal Penal Code that criminalise abortion. As a result, institutions that are part of the federal health system, such as the Mexican Institute of Social Security and the Institute of Security and Social Services for State Workers, will have to provide this service throughout Mexico to anyone requesting it.

  This will have a major impact because these institutions serve the majority of the Mexican population, and a trend long observed by GIRE is that these institutions deny service under the argument that abortion is a crime under the Federal Criminal Code, the legislation that applies to the health personnel serving in them.

  The Congress’s obligation to repeal the crime of abortion at the federal level will become effective once it receives formal notification from the Court, and must be implemented in the course of that same session.

  Do you see this court ruling as a victory of the Mexican women’s movement?

  The recent Court ruling marks a before and after in the struggle for reproductive justice, and it would not have been possible without the tireless commitment of feminist movements at local, national, regional and global levels, of which GIRE is a part.

  The cultural change driven by the feminist movement throughout the Latin American region has been key to advances in pro-choice regulation and social decriminalisation and access to abortion as a health service.

  GIRE has worked for the right to choose for over 30 years, during which time it has worked hand in hand with decision-makers, the media, public opinion and many organisations and collectives. The road travelled has resulted in a strong network on all fronts that has socially decriminalised abortion on the basis of the recognition of reproductive autonomy as a right.

  Our work has been comprehensive. We have produced reports on the state of abortion rights in Mexico and made specific recommendations to ensure that access is guaranteed as a health service. We have carried out public policy advocacy and supported cases challenging human rights violations caused by the denial of the right to abortion. Our communications work has also been key, helping us place the issue of abortion on the public agenda, contributing to its social decriminalisation.

  The strategy to repeal the crime of abortion at the federal level kicked off two years ago. In September 2021, in response to an action of unconstitutionality against the penal code of the state of Coahuila, the Federal Supreme Court unanimously declared that the absolute criminalisation of consensual abortion is unconstitutional. In September 2022, based on this precedent and as part of a legal strategy to eliminate the crime of self-procured and consensual abortion from all criminal codes, GIRE filed an appeal for legal protection against the Federal Congress and executive for having issued a regulation that criminalised consensual abortion.

  It was in response to this amparo appeal – a writ for protection of rights – that the Court reiterated that the absolute criminalisation of abortion violates the human rights of women and pregnant people.

  Have you experienced an anti-rights reaction?

  There are conservative reactions and resistances all the time, but unlike what used to happen until a few years ago, these are no longer so up-front. The most important barrier we face today is the absence of service guarantees, as in some states where voluntary abortion has been partly decriminalised those who would have to provide it continue to put up obstacles. Conservative resistance is even more intense in the 20 state congresses that have yet not reformed their penal codes, but we are confident this will change.

  Although there are never guarantees that backsliding won’t occur, we currently have the advantage of a very pro-choice public opinion.

  What measures need to be taken to ensure effective access to abortion throughout Mexico?

  From a human rights perspective, it is necessary to guarantee access to quality health services, including abortion procedures. For this to become a reality, abortion should no longer be included in criminal codes and should instead only be subject to health and public policy regulations that ensure that information is provided and guidelines published that ensure comprehensive, safe and quality care. GIRE will continue to work to ensure that the crime of abortion disappears from all of Mexico’s state penal codes and access to the service is guaranteed in practice for all people throughout Mexico.

  Is the Mexican process part of a broader regional trend?

  The green tide that rose in Argentina in 2018 permeated the entire region with a force never seen before. Latin American streets have been filled with green scarves – a symbol of autonomy and freedom – and pro-choice slogans. GIRE is a prominent member of this Latin American movement, establishing alliances, creating strategies and new narratives, and sharing knowledge with organisations working throughout the region to make abortion rights a reality.

  This inspiration will continue to guide us. Our movement is unstoppable. In Mexico, the green tide and its libertarian impulse is materialising in the demand, put forward in coordination with other groups and movements, for reproductive rights to cease to be considered an issue that only concerns women and child-bearing people and to be incorporated into the political agenda as a key element of equality.

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  Civic space in Mexico is rated ‘repressed’ by theCIVICUS Monitor.

  Get in touch with GIRE through itswebsite orFacebook page, and follow@gire_mx on Twitter.

• MIGRANTS’ RIGHTS: ‘Hate speech is driven by unequal power relations and negative stereotypes’

  

  As part of our 2019thematic report, we are interviewing civil society activists, leaders and experts about their experience of facing backlash by anti-rights groups. CIVICUS speaks about the rise of hate speech in Europe and civil society strategies to counter it with Martin Pairet, Network Manager at European Alternatives, a transnational civil society organisation and citizen movement that promotes democracy, equality and culture beyond the nation-state.

   

  European Alternatives focuses on promoting democracy across borders. How concerned are you about the rise of authoritarian nationalism in Europe?

  European Alternatives works to support democracy across the continent, and our current analysis is that democracy is not really mature enough and that the fundamental rights necessary for democracy to work are not being respected in Europe. The process of degradation of democratic practices and institutions has taken place over a number of years, a decade at least, but has particularly accelerated with the crisis of hospitality that we are currently experiencing in the face of migration. This crisis of hospitality is above all a crisis of European values. We stand for the principle of solidarity and the creation of new forms of transnational community, and we are seeing exactly the opposite – the normalisation of anti-rights movements and parties whose discourse is being amplified by the media, and by social media in particular. This is happening in every country in Europe, and particularly in countries where politicians have a lot to gain through anti-migrant politics, such as France, Germany and Italy.

  Do you see this situation as the result of a deficit of democracy, or as the result of a failure to respect human rights?

  I think it’s a little bit of both. There is in fact a deep democratic deficit, and over the past few years there has been increasing questioning about how decisions are being made at every level – local, national, European and global. People have been demanding more representation and meaningful involvement in decision-making processes, through mechanisms such as citizen-initiated referendums. There are many other examples that we’ve seen over the past few years in Europe, of people organising to supplement the shortcomings of representative institutions and getting involved in decision-making, for instance through citizen assemblies. A lot of people feel their voices are not being heard and therefore feel powerless – they feel that no matter what they do, they won’t be able to change things and they won’t regain control over politics, which means they won’t have a say over the decisions that affect their lives, and they won’t control their futures.

  In this sense, democracy is quite weak, and people are getting increasingly desperate for someone in decision-making positions to really understand their problems and their fears, which the system is not paying attention to and is not able to process. This is the point when nationalism, extremism and hate start to rise, and hate speech becomes appealing. And in this context it becomes very difficult to hear the human rights discourse, because it is not necessarily something that people always respond or relate to, as it is quite abstract. European human rights organisations have been working hard to tackle the humanitarian crisis, but have sometimes undervalued the power of emotions, and of fear in particular, and have therefore not focused on how to address those fears, which has been problematic.

  In your analysis of the ongoing crisis of hospitality you focus on hate speech. How would you define this?

  Hate speech is a complex phenomenon that can’t really fit into a simple definition. In fact, there isn’t an internationally accepted definition of hate speech, and every member state of the European Union (EU) has its own legal definition. The definition used by the Council of Europe includes all forms of expression that spread or amplify xenophobia and various forms of hatred and intolerance. Hate speech is against human rights, so it is a form of anti-rights speech. It is also a social phenomenon that has been amplified by social media within the context of increasingly social power relations also related to the economic and financial crisis and the fact that financial and economic power is concentrated in few hands. But stereotypes also play an important role. I would say that hate speech is driven by both unequal power relations and negative stereotypes.

  In recent years, the normalisation of hate speech has contributed to the radicalisation of people and groups against those seen as ‘the other’: attacks against marginalised groups, including women, LGBTQI people, Roma people, migrants, refugees and minority faith communities, have spread on social media, and the hate narrative gradually translated into actual violence. That’s why we’ve seen a rise in hate crimes.

  One problem, and the reason why it is important to have a clear definition of hate speech, is that while hate speech is a form of anti-rights speech, an attempt to regulate and suppress it may lead to the violation of other rights, and particularly the violation of a fundamental right, the right to the freedom of expression.

  While the rights of women, LGBTQI people, people of colour and indigenous peoples ought to be respected, their right to be treated fairly and respectfully may sometimes collide with the freedom of expression. So it is important to know where to draw the line and how to identify what falls under the freedom of expression and what is hate speech, and what can be done about it. But this is a very dynamic process and definitions are continuously changing, partly because of the rise of new technologies. As new forms of communications arise, we need to ask ourselves whether this or that is still hate speech. Where is the limit? Do certain commentaries or visual communications that we find on media platforms constitute hate speech? The distinction between what’s ironic and what’s serious can be difficult to grasp online.

  Where in Europe is the situation most worrying?

  The problem is taking different forms in different places. One specific example of this worrying situation is in Italy, where there was a significant rise in hate crimes between 2017 and 2018. Because of the use of different data collection methods, it’s difficult to know how much these have increased, but it is evident that they have risen sharply while the far-right was in power.

  In Italy, hate speech has specifically targeted refugees and people of colour. Cécile Kyenge, a black Italian member of the European Parliament, has faced racist attacks for years. When she was appointed as Italy’s first black government minister back in 2013, she received racist insults from the far-right League Party. In 2018, once the League Party’s leader Matteo Salvini had reached power, they brought a defamation case against her, for accusing the party and its leaders of being racists!

  It is very telling that a hate crime happened on the same day that Matteo Salvini was sworn in as Deputy Prime Minister, on 3 June 2018. A 29-year old migrant from Mali was shot dead by a white man who drove by and fired on him with a shotgun. He was killed while collecting scrap metal to build shacks, alongside two other migrants who also suffered injuries. They all lived in a tent city that houses hundreds of poorly paid farm workers. This was clearly an example of hate speech turned into act, as it happened just hours after Matteo Salvini warned that, with him in power, "the good times for illegals are over” and that “Italy cannot be Europe's refugee camp.”

  It does make a difference whether the far right has reached power, which becomes apparent when you compare Italy and Germany. Hate speech has also been on the rise in Germany, but in this case, a new law was passed in late 2017 to regulate hate speech online. This law requires social media platforms to quickly remove hate speech, ‘fake news’ and any illegal material, and it appears to have been quite efficient in reducing online hate speech. In contrast, Italy does not have a similarly strong legal framework and the context is not conducive to a revision of the legal framework either. In sum, the rise of hate speech in Italy is the result of a mix of a regressive political environment and the absence of strong legislation.

  In the cases of Hungary and Poland there have also been strong governmental responses against migrants. These examples are particularly interesting because sometimes there are no migrants in parts of the country, especially in the countryside, but there can still be anti-migrant policies even in places with very few migrants. This has a lot to do with who is in power and what discourse is being delivered from the top and disseminated on social media. And while hate speech can target various particular groups, I think that in the current situation in Europe, it always starts with migrants and refugees, then extends to other marginalised groups. We saw this with Brexit in the UK: the referendum campaign was permeated with an anti-migrant discourse, but various groups of people who were not migrants or refugees became increasingly threatened by exclusionary narratives, which eventually targeted anyone who was different, looked different, or spoke differently.

  Is there any legislation in place at the European level to counter hate speech?

  There is nothing in place specifically against hate speech, but because hate speech is a violation of a whole set of rights, there is a broad set of rules that apply, such as the Framework Decision on combating certain forms of expressions of racism and xenophobia by means of criminal law. There is also the Fundamental Rights Agency, an EU-funded agency that collects and analyses data and carries out research on fundamental rights. It provides assistance and expertise at both the European and national levels, including in the areas of non-discrimination, racism, intolerance and hate crime. Finally, there is a Code of conduct on countering illegal hate speech online that the European Commission recently agreed with Facebook, Microsoft, Twitter and YouTube, which aims at enabling social media users to express their opinions online freely and without the fear of being attacked out of bias based on race, colour, religion, descent, national or ethnic origin, sexual orientation and gender identity, disability, or other characteristics. It also seeks to ensure that EU and national laws on combating hate speech are better enforced in the online environment across the EU. But the process of domesticating European legislation is slow and long, and the EU doesn’t always have sufficient mechanisms in place to hold members states accountable when they are not complying.

  What can civil society do to counter hate speech, besides pushing for legislative change?

  There are many strategies that can be used to counter hate speech effectively. Of course it is important to change legislation to ensure it covers all forms of discrimination and hate speech, but it is also important – and very difficult – to raise awareness. Awareness of their right to equal treatment must be raised, first of all, among the people who are being targeted by hate speech. Even among European citizens, many people don’t know exactly what their rights are. So it is important to share information among civil society and encourage civil society groups to share it further.

  The role of local authorities and state agencies such as the police is also key in ensuring the right to equal treatment and it does make a difference whether or not they act in the face of hate speech. So it is important for civil society to work with these actors so that they are able to recognise hate speech and act against it.

  Additionally, civil society can do better in the area of communication strategies to protect fundamental rights in general. This would require an investment in capacity development, given that the required knowledge is not evenly disseminated. Grassroots actors don’t necessarily have the means to do this kind of work, but it’s this kind of work that often impacts on affected groups the most, as it is key in helping them reach out.

  A lot more investment is needed to counter hate groups online, because online content can have an impact well beyond the context for which it was formulated. According to studies about anti-Semitic speech, people tend to feel threatened by what they see online regardless of how much impact it actually has on their reality, so clearly more investment is needed to counter this effect.

  How is European Alternatives working to counter hate speech?

  We work to connect groups that are working on similar issues and to fill the capacity gap. We’ve done this quite successfully through a series of training activities on Countering Hate Speech and Far-Right Radicalism in Central and Eastern Europe. It is important to bring together activists and citizens from different countries, because it is quite hard for people to understand that these are not isolated phenomena that are happening in their communities, but rather that a lot of communities are experiencing the same, and there is a range of solutions that have been tried in various local contexts to tackle it. It’s very important for these exchanges to continue, because we’ve seen it’s working: we see organisations collaborating across borders and exchanging experiences in ways that they can adapt to tackle hate speech in their own contexts.

  It is also key to invest in civic education and human rights education as much as possible. We do this through an online course on Countering Hate Speech in Europe, which is based on online dialogue maintained with our partners. The videos are open source and are available on our YouTube channel. We have a playlist called ‘Countering Hate Speech’, so they can be watched in sequence. The course offers participants the opportunity to access expert content developed by European Alternatives and to put their own experiences, values and perspectives to the forefront while engaging with peers through a Virtual Exchange. At the end of the course, participants even learn how to plan and organise an Action Day Against Hate Speech.

  Through these activities, we try to reach out to a high number of young people. Dialogue among individuals and among communities is key because on social media there are fewer and fewer spaces where people can have a real conversation in a safe environment. And dialogue is quite effective for raising awareness and thinking strategies through collectively.

  I think the reason why we keep at this is because we think there cannot be a well-functioning democracy when people are not respected in the first place. Respect for our shared humanity is a precondition for any democratic reform to work.

  Get in touch with European Alternatives through itswebsite andFacebook page, orfollow@EuroAlter and@MartPirate on Twitter.

• ONLINE CIVIC SPACE: ‘We shouldn’t expect tech giants to solve the problems that they have created’

  As part of our 2019 thematic report, we are interviewing civil society activists and leaders about their experiences of backlash from anti-rights groups and their strategies to strengthen progressive narratives and civil society responses. CIVICUS speaks to Marek Tuszynski, co-founder and creative director of Tactical Tech, aBerlin-based international civil society organisation that engages with citizens and civil society to explore the impacts of technologyon society and individual autonomy. Founded in 2003, in a context where optimism about technology prevailed but focus was lacking on what specifically it could do for civil society, Tactical Tech uses its research findings to create practical solutions for citizens and civil society.

  Some time ago it seemed that the online sphere could offer civil society a new space for debate and action – until it became apparent that online civic space was being restricted too. What kinds of restrictions are you currently seeing online, and what's changed in recent years?

  Fifteen years ago, the digital space in a way belonged to the people who were experimenting with it. People were building that space using the available tools, there was a movement towards open source software, and activists were trying build an online space that would empower people to exercise democratic freedoms, and even build democracy from the ground up. But those experimental spaces became gentrified, appropriated, taken over and assimilated into other existing spaces. In that sense, digital space underwent processes very similar to all other spaces that offer alternatives and in which people are able to experiment freely. That space shrank massively, and free spaces were replaced by centralised technology and started to be run as business models.

  For most people, including civil society, using the internet means resorting to commercial platforms and systems such as Google and Facebook. The biggest change has been the centralisation of what used to be a distributed system where anybody was able to run their own services. Now we rely on centralised, proprietary and controlled services. And those who initially weren’t very prevalent, like state or corporate entities, are now dominating. The difference is also in the physical aspect, because technology is becoming more and more accessible and way cheaper than it used to be, and a lot of operations that used to require much higher loads of technology have become affordable by a variety of state and non-state entities.

  The internet became not just a corporate space, but also a space for politics and confrontation on a much larger scale than it was five or ten years ago. Revelations coming from whistleblowers such as Edward Snowden and scandals such as those with Facebook and Cambridge Analytica are making people much more aware of what this space has become. It is now clear that it is not all about liberation movements and leftist politics, and that there are many groups on the other end of the political spectrum that have become quite savvy in using and abusing technology.

  In sum, changes are being driven by both economic and, increasingly, political factors. What makes them inescapable is that technology is everywhere, and it has proliferated so fast that it has become very hard to imagine going back to doing anything without it. It is also very hard, if not impossible, to compartmentalise your life and separate your professional and personal activities, or your political and everyday or mundane activities. From the point of view of technology, you always inhabit the same, single space.

  Do people who use the internet for activism rather than, say, to share cat pictures, face different or specific threats online?

  Yes, but I would not underestimate the cat pictures, as insignificant as they may seem to people who are using these tools for political or social work. It is the everyday user who defines the space that others use for activism. The way technologies are used by people who use them for entertainment ends up defining them for all of us.

  That said, there are indeed people who are much more vulnerable, whose exposure or monitoring can restrict their freedoms and be dangerous for them – not only physically but also psychologically. These people are exposed to potential interceptions and surveillance to find out what are they doing and how, and also face a different kind of threat, in the form of online harassment, which may impact on their lives well beyond their political activities, as people tend to be bullied not only for what they do, but also for what or who they are.

  There seems to be a very narrow understanding of what is political. In fact, regardless of whether you consider yourself political, very mundane activities and behaviours can be seen by others as political. So it is not just about what you directly produce in the form of text, speech, or interaction, but also about what can be inferred from these activities. Association with organisations, events, or places may become equally problematic. The same happens with the kind of tools you are using and the times you are using them, whether you are using encryption and why. All these elements that you may not be thinking of may end up defining you as a person who is trying to do something dangerous or politically controversial. And of course, many of the tools that activists use and need, like encryption, are also used by malicious actors, because technology is not intrinsically good or bad, but is defined by its users. You can potentially be targeted as a criminal just for using – for activism, for instance – the same technologies that criminals use.

  Who are the ‘vulnerable minorities’ you talk about in your recentreport on digital civic space, and why are they particularly vulnerable online?

  Vulnerable minorities are precisely those groups that face greater risks online because of their gender, race or sexual orientation. Women generally are more vulnerable to online harassment, and politically active women even more so. Women journalists, for instance, are subject to more online abuse than male journalists when speaking about controversial issues or voicing opinions. They are targeted because of their gender. This is also the case for civil society organisations (CSOs) focused on women’s rights, which are being targeted both offline and online, including through distributed denial of service (DDoS) attacks, website hacks, leaks of personal information, fabricated news, direct threats and false reports against Facebook content leading to the suspension of their pages. Digital attacks sometimes translate into physical violence, when actors emboldened by the hate speech promoted on online platforms end up posing serious threats not only to people’s voices but also to their lives.

  But online spaces can also be safe spaces for these groups. In many places the use of internet and online platforms creates spaces where people can exercise their freedoms of expression and protest. They can come out representing minorities, be it sexual or otherwise, in a way they would not be able to in the physical places where they live, because it would be too dangerous or practically impossible. They are able to exercise these freedoms in online spaces because these spaces are still separate from the places where they live. However, there is a limited understanding of the fact that this does not make these spaces neutral. Information can be leaked, shared, distorted and weaponised, and used to hurt you when you least expect it.

  Still, for many minorities, and especially for sexual minorities, social media platforms are the sole place where they can exercise their freedoms, access information and actually be who they are, and say it aloud. At the same time, they technically may retain anonymity but their interests and associations will give away who they are, and this can be used against them. These outlets can create an avenue for people to become political, but that avenue can always be closed down in non-democratic contexts, where those in power can decide to shut down entire services or cut off the internet entirely.

  Is this what you mean when you refer to social media as ‘a double-edged sword’? What does this mean for civil society, and how can we take advantage of the good side of social media?

  Social media platforms are a very important tool for CSOs. Organisations depend on them to share information, communicate and engage with their supporters, organise events, measure impact and response based on platform analytics, and even raise funds. But the use of these platforms has also raised concerns regarding the harvesting of data, which is analysed and used by the corporations themselves, by third-party companies and by governments.

  Over the years, government requests for data from and about social media users have increased, and so have arrests and criminalisation of organisations and activists based on their social media behaviour. So again, what happens online does not stay online – in fact, it sometimes has serious physical repercussions on the safety and well-being of activists and CSO staff. Digital attacks and restrictions affect individuals and their families, and may play a role in decisions on whether to continue to do their work, change tactics, or quit. Online restrictions can also cause a chilling effect on the civil society that is at the forefront of the promotion of human rights and liberties. For these organisations, digital space can be an important catalyst for wider civil political participation in physical spaces, so when it is attacked, restricted, or shrunk, it has repercussions for civic participation in general.

  Is there some way that citizens and civil society can put pressure on giant tech companies to do the right thing?

  When we talk about big social media actors we think of Facebook, Twitter, Instagram and WhatsApp – three of which are in fact part of Facebook – and we don’t think of Google because it is not seen as social media, even though it is more pervasive, it is everywhere, and it is not even visible as such.

  We shouldn’t expect these companies to solve the problems they have created. They are clearly incapable of addressing the problems they cause. One of these problems is online harassment and abuse of the rules. They have no capacity to clean the space of certain activities and if they try to do so, then they will censor any content that resembles something dangerous, even if it isn’t, to not risk being accused of supporting radical views.

  We expect tech giants to be accountable and responsible for the problems they create, but that’s not very realistic, and it won’t just happen by itself. When it comes to digital-based repression and the use of surveillance and data collection to impose restrictions, there is a striking lack of accountability. Tech platforms depend on government authorisation to operate, so online platforms and tech companies are slow to react, if they do at all, in the face of accusations of surveillance, hate speech, online harassment and attacks, especially when powerful governments or other political forces are involved.

  These companies are not going to do the right thing if they are not encouraged to do so. There are small steps as well as large steps one can take, starting with deciding how and when to use each of these tools, and whether to use them at all. At every step of the way, there are alternatives that you can use to do different things – for one, you can decentralise the way you interact with people and not use one platform for everything.

  Of course, that’s not the whole problem, and the solution cannot be based on individual choices alone. A more structural solution would have to take place at the level of policy frameworks, as can be seen in Europe where regulations have been put in place and it is possible to see a framework shaping up for large companies to take more responsibility, and to define who they are benefiting from their access to personal information.

  What advice can you offer for activists to use the internet more safely?

  We have a set of tools and very basic steps to enable people who don’t want to leave these platforms, who depend on them, to understand what it is that they are doing, what kind of information they leave behind that can be used to identify them and how to avoid putting into the system more information than is strictly necessary. It is important to learn how to browse the internet privately and safely, how to choose the right settings on Google and Facebook and take back control of your data and your activity in these spaces.

  People don’t usually understand how much about themselves is online and can be easily found via search engines, and the ways in which by exposing themselves they also expose the people who they work with and the activities they do. When using the internet we reveal where we are, what we are working on, what device we are using, what events we are participating in, what we are interested in, who we are connecting with, the phone providers we use, the visas we apply for, our travel itineraries, the kinds of financial transactions we do and with whom, and so on. To do all kinds of things we are increasingly dependent on more and more interlinked and centralised platforms that share information with one another and with other entities, and we aren’t even aware that they are doing it because they use trackers and cookies, among other things. We are giving away data about ourselves and what we do all the time, not only when we are online, but also when others enter information about us, for instance when travelling.

  But there are ways to reduce our data trail, become more secure online and build a healthier relationship with technology. Some basic steps are to delete your activity as it is stored by search engines such as Google and switch to other browsers. You can delete unnecessary apps, switch to alternative apps for messaging, voice and video calls and maps – ideally to some that offer the same services you are used to, but that do not profit from your data – change passwords, declutter your accounts and renovate your social media profiles, separate your accounts to make it more difficult for tech giants to follow your activities, tighten your social media privacy settings, opt for private browsing (but still, be aware that this does not make you anonymous on the web), disable location services on mobile devices and do many other things that will keep you safer online.

  Another issue that activists face online is misinformation and disinformation strategies. In that regard, there is a need for new tactics and standards to enable civil society groups, activists, bloggers and journalists to react by verifying information and creating evidence based on solid information. Online space can enable this if we promote investigation as a form of engagement. If we know how to protect ourselves, we can make full use of this space, in which there is still room for many positive things.

  Get in touch with Tactical Tech through itswebsite and Facebook page, or follow@Info_Activism on Twitter.

• PERU: ‘The ultra-conservative tide is affecting democratic life and fundamental rights’

  As part of our 2019 thematic report, we are interviewing civil society activists and leaders about their experiences of backlash from anti-rights groups and their strategies to strengthen progressive narratives and civil society responses. CIVICUS speaks toEliana Cano, founder of Católicas por el Derecho a Decidir – Peru (Catholics for the Right to Decide – CDD-Peru), a Catholic and feminist movement committed to the pursuit of social justice and the change of cultural patterns that limit women's autonomy and their sexual and reproductive rights. CCD-Peru has recently been sued by the Tomás Moro Legal Centre, which wants to strip it of its legal status on the basis that, within the framework of an agreement between the Vatican State and Peru, it should not be using the term ‘Catholics’.

  CDD-Peru is being sued to have its legal personality withdrawn and prevented from calling itself 'Catholic'. Who is suing you, what do they have against you, and what are they trying to achieve?

  About a month and a half ago we were notified that the Santo Tomás Moro Legal Centre, which is a self-appointed representative of the Catholic Church, had brought a lawsuit against us. According to the lawyers who are advising us, this group began to look into the work done by our organisation about a year ago. They decided to sue us in the civil courts because they want to make this a long, tedious, tiring process, one of permanent appeal. The whole thing can take up to three or four years. Basically, their strategy is to drain us of energy in the process.

  They want us to cease to exist as a registered organisation, recognised by the National Superintendency of Public Registries. In other words, they want us to lose our legal status and not be able to continue operating in Peru. They argue that, by calling ourselves what we do, we are disrespecting the Catholic Church and its parishioners. They say that, in light of the existing agreement between the Vatican State and Peru – which recognises the role of the Catholic Church – we are using the term 'Catholic', which represents an institution and a historical identity, in bad faith. They do not accept the interpretation we make of biblical texts on the basis of feminist theology in order to question dogma, imposed conscience and control of people in the name of God. It is important to note that our organisation is not registered with the Catholic Church as a faith group, and therefore is not subject to the internal mandate of the Church.

  You have been around for a few years. Is this the first time you have faced such reaction?

  Indeed, the project of Catholics for the Right to Decide is quite old in Latin America. It began in Uruguay and then spread to the USA, and from there it passed on to Mexico and other countries of Latin America. In Peru the organisation has had a legal existence since 2009. We organised ourselves because we identify as feminists with a Catholic identity. We see ourselves as Catholic women of faith, but we have a critical view of dogma, of static and closed thought, especially where issues related to sexual and reproductive rights are concerned, as body and sexuality are a terrain where political battles are fought. In Peru there has always been a very homogenous public voice around the Gospels and the right to command over the bodies and lives of women, and we, by questioning this from the position of our Catholic identity, have received a rather aggressive response by the hierarchy of the local Catholic Church and groups linked to it.

  The first public attack happened on the occasion of the debate around the definition of a protocol for therapeutic abortion: abortion that is justified for medical reasons, when there are serious risks to the woman’s health or life. It was an attack tinged with the same resources these groups always use, based on defamation, vilification and lies. But in this case attacks basically took the form of verbal and written attacks on social media.

  Conservative groups know how to manage social media and constantly attack us publicly for everything we do that deviates from dogma or homogeneous discourse. However, this is the first time we have faced a lawsuit, and we were not expecting an attack so direct and of such magnitude. Maybe we should have foreseen it, since in Latin America, and in Peru specifically, ultra-conservative groups have penetrated deeply into the political structure of the country and are affecting democratic life.

  It would seem that these ultra-conservative groups are now larger and more emboldened than they used to be. Why is that?

  When looking back you realise that for several decades a global and regional response has developed to discourage and weaken the liberation theology discourse, which put the emphasis mostly on poverty. With a questioning discourse within the Church that extended to other areas of life, liberation theology made the most hardcore conservative elements of the Church very uncomfortable. The reaction against it has been sustained. It has made a lot of progress, to the point that today a highly organic network has become visible, which has bases in various Latin American countries and its own publications, conferences and considerable economic resources. Its presence began to make itself felt strongly in 2005, when the Center for Family Promotion and Regulation of Birth (Ceprofarena) organised the Second International Pro-Life Congress in the capital, Lima. This congress produced a document known as the Lima Declaration, an expression of the agreement reached by conservative groups.

  Ceprofarena has existed since the early eighties. It maintains close links to Human Life International, a powerful international conservative organisation, and among its members are renowned physicians and senior state officials, including former health ministers. The organisation acts within numerous medical and health organisations, both public and private. These actors put conservative ‘scientific’ discourse at the service of abuses such as the denial of emergency oral contraception, an issue on which they successfully took on the Ministry of Health. They sued the Ministry, bringing to court the right to information and choice of thousands of women, and succeeded in achieving the prohibition of the distribution of emergency contraception by all health services nationwide. Now they are campaigning to dismantle the therapeutic abortion protocol established during the 2011 to2016 period.

  The network of conservative organisations in Peru also includes the Office for Latin America of the Population Research Institute, based in Lima; the Peruvian headquarters of the Latin American Alliance for the Family, which promotes classic family formats and produces and disseminates school books; of course older organisations such as Opus Dei, which does local development and support work and is deeply embedded in educational spaces, as well as within the bureaucracy of the Church; and the Sodalicio de la Vida Cristiana, an organisation of lay people.

  These groups have a lot of money that comes from the conservative business sector and have appropriated effective strategies and discourses. This lawsuit is a practical strategy that denotes a change in their way of organising. They no longer speak the language of the divine and the clerical because they know that it attracts fewer and fewer people; instead they have appropriated the discourse of democracy and human rights.

  Are you thinking of new strategies to face this growing challenge?

  In the present scenario we view ourselves as in need of strengthening our communication strategies. We also need to strengthen our resourcing, since we do not have funds to face a lawsuit of this magnitude. International funders do not necessarily provide support that can be used to develop institutional defence plans. But at present, this is a profound need of human rights organisations. In our case, fortunately the Legal Defence Institute, which had already taken on similar cases affecting journalists, became interested and decided to sponsor the case as part of its institutional priorities. They consider that this is an "ideological fight" and that questioning our name is a "pretext" to make us disappear as influential actors. Theirs has been a gesture that we are infinitely thankful for.

  As far as discourse is concerned, however, we should not move from our positions, but rather show that the appropriation of the discourse of human rights and democracy by ultra-conservative groups is as superficial as disrespectful of democratic principles. As happened recently with the ‘Do not mess with my children’ campaign – against education about gender equality and respect for sexual identities – their discourse tends to become very aggressive every time they feel cornered. They seem to be desperate, because deep down they do nothing but react in the face of newly acquired rights.

  And the situation has indeed progressed, because this is not just us – new generations are mobilised and lots of people who are respectful of freedom and diversity and who uphold guarantees for rights are gaining ground. It is not just three or four old-time feminist organisations that are active in Lima; there are also the voices and faces of young people organised in universities, people in communities in various regions of Peru who think critically, do not accept dogmas, even react in a sarcastic tone to that type of discourse and perspective.

  Of course there is always a Catholic youth following that responds to the Pope and has decided to stay within the ultra-conservative field, but there is also youth social mobilisation around many issues, and with their help many aspects of the sexual and reproductive rights agenda are permeating the public debate. I think this is causing ultra-conservative groups to despair, and that is why they are reacting with such anger, frustration and, I would even dare say, hate. That is, they react with attitudes that are nowhere close to mercy, kindness, humility, understanding and non-judgement.

  Why does the fact that you define yourselves as both Catholics and feminists cause this type of reaction?

  We are women of faith and religion is part of our identity. We have been raised Catholic, and in that context the message that was instilled in us was one of obedience, prohibition and oppression. As we grew up, we rebelled against this and other aspects related to the control of our lives and their sexual dimension. We identify ourselves as Catholic on the basis of a renewed interpretation, but we do not renounce our faith. We are aware that Catholicism is not only a matter of faith, but it also operates within or materialises in an institution, and as such it includes both positive and negative practices that have an impact on the lives of many people, and specifically on its members.

  At the same time, we all come from organisations with a feminist identity. We are feminists and we question patriarchy as a system of asymmetric power relations, but we do not renounce our faith. We always ask ourselves these questions: why should our religion have to have one single voice, uniform and unquestionable? Why obey in silence and validate sacrifice and suffering in our own lives and bodies? We find a foothold in feminist theology, which offers a deconstruction and reconstruction of the Gospel. These conceptual and political tools strengthen our conviction and our public struggle for sexual and reproductive rights.

  High Church officials tell us: ‘you are not Catholic, who are you to speak in the name of Catholicism?’ We respond: ‘what makes you a Catholic, what allows you to trample rights in the name of God?’ We have claimed ownership of the language of the Gospel that focuses on the right of people to deliberate in conscience, to discern and to decide, and this bothers them. I am a Catholic, I was baptised and I am guided by feminist theology. You cannot question my faith, just as I cannot question yours. This is a very hard fight, because it is easy to fall in the face of a mass telling you that you are not one of them. From the beginning we knew that we would face disqualification, defamation and lies; we did not, however, think that the attacks would become as violent as those we are currently experiencing on social media, as well as in the form of a lawsuit.

  Given that the experience of faith cannot be taken away from us, what they are trying to do is take away our legal status, make us disappear. We represent a danger because we are not just a few. In fact, more and more people are increasingly getting to know us and identify with us. We represent the position of many people who do not necessarily have the opportunity to articulate this strand of thought publicly, but who feel it and live by it. There is a wide and diverse congregation that does not think the same way as the Church hierarchy and considers that the ultra-conservative response to public policy is more suitable to Inquisition times than today. According to polls, most Catholics disagree with the Church hierarchy on many important issues, such as homosexuality, which they do not consider to be an illness or a divine punishment, or same-sex marriage. Choosing an abortion in specific life circumstances is a highly ethical and responsible decision, and it does not make you a bad woman, a lesser Catholic, or a bad mother. Using contraceptives to regulate motherhood and fatherhood or enjoying a sexual relationship without procreating is not prohibited by the Gospels. The state of virginity is losing its divine quality and this is freeing women from feelings of guilt, even in societies such as Latin America’s, where governments and the Catholic Church have always worked in concert to regulate people’s lives. Still today they support one another every time one of them loses credibility.

  How else are you trying to encourage a distinction between private faith and public policy?

  Ours is also a struggle for a secular state, a state that is separated from all churches. This is very difficult to achieve in practice, since the Catholic Church and the Peruvian state maintain strong institutional ties. However, short of achieving constitutional and legal separation between Church and state, there is another fight to be had in the sphere of collective attitudes. Many people – politicians, public officials, civil servants – reach the public sphere without giving a thought to the importance of separating religious beliefs from public function. As a result, many lawmakers and public officials make decisions based on their religious beliefs. It is very common to find crucifixes, chapels and religious images in ministry buildings. In our everyday lives religion surrounds us and limits us; there are no clear boundaries between religious practice and public functions.

  Ultra-conservative groups set themselves on this ground and seek to further expand the dictates of a religion that presents itself as homogeneous, with the intention of forcing all citizens to live according to their own beliefs and mandates. The problem is not religion in itself; the difficulty lies with the political use of religion within the political-public sphere, where there is a duty to guarantee human rights.

   

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

  Get in touch with Católicas por el Derecho a Decidir-Perú through their webpage and Facebook

• POLAND: ‘People are more understanding and supportive of LGBTQI+ issues than politicians’

   

  Following our 2019special report on anti-rights groups and civil society responses, we are interviewing civil society activists and leaders about their experiences in facing anti-rights backlash and their strategies to strengthen progressive narratives and civil society responses. CIVICUS speaks about recently established ‘LGBT-free zones’ in Poland with Bart Staszewski, a young LGBTQI+ activist. Bart works as a freelance videographer for various civil society organisations and is a co-founder and board member of the Lublin Equality March Association (LEMA), an organisation that he defines as ‘an LGBTI NGO inside the LGBT-free zone’. For the past eight years, Bart has also taken part in the struggle for marriage equality led by theLove does not Exclude Association.

  

  Photo by Przemyslaw Stefaniak

  What challenges do the LGBTQI+ community and its organisations face in Poland?

  I think the main problem is homophobia, which is growing due to the regressive government at all levels, from the national level to the very local. Governments at these different levels are using the same hate speech that we have already seen in Russia, in exactly the same wording, for example accusing LGBTQI+ organisations of disseminating ‘homo-propaganda’. We are also facing growing homophobia on public TV, which disseminates what are basically ‘fake news’ stories about us. They have even used our Facebook posts against us. For instance, during the campaign for parliamentary elections in 2019, some of us were not so positive about a candidate who happened to be the only gay candidate and wrote about it on Facebook. Quotes from our Facebook posts were then used in a campaign against this candidate, to show that even gay activists opposed him.

  They also produced a documentary, ‘Invasion’, which stated that the Polish LGBTQI+ movement is sponsored by the Hungarian-American billionaire George Soros, who according to them is paying people to attend Pride events; this is why, according to them, so many people are attending our events. They filmed this thing by having people pose as volunteers with LGBTQI+ civil society organisations (CSOs) and bring a spy camera into Pride marches. According to Polish law, CSO volunteers have to get paid a small fee, somewhere between €5 and €8, when travelling outside the city. They used this to create a story that LGBTQI+ organisations are bribing people into attending Pride marches. They do this because while homophobia is on the rise, the LGBTQI+ movement is also growing, and our events are in fact getting the biggest turnout ever, so they are looking into new ways to defame us, including by saying that people are in it for the money.

  But it is not just the government and the state media. The LGBTQI+ movement is not as afraid of the government as we are of anti-rights organisations like Ordo Iuris, a right-wing legal foundation that offers legal assistance to municipalities that are curtailing LGBTQI+ rights. They are a think tank for anti-LGBTQI+ rights and anti-women’s rights policies, supporting reinforcing marriage laws as pertaining to the union of a man and a woman, total abortion bans and divorce bans. This group is quite well connected to the government; for instance, one of its prominent members was Poland’s Secretary of State under the previous right-wing government. They are also connected to Agenda Europe, a pan-European, Christian fundamentalist network that seeks to restore ‘natural order’ and that offers an umbrella for many right-wing organisations across Europe. They say they receive no funding from the government, but they are very well funded.

  They have people who teach in schools and universities and who are running a series of campaigns against us. All of their advocacy and campaigns have turned us into easy targets. Many activists, including myself, have received death threats for denouncing homophobia. Last year the police raided the home of a woman who had created rainbow marriage stickers, like it was such a big deal. I am getting used to the idea and getting ready for something like this to happen to me too. The government has unleashed this with its homophobic rhetoric but now does not take responsibility for its consequences.

  What are the so-called LGBT-free zones, and how are they impacting on the LGBTQI+ community?

  A third of Polish municipalities have adopted resolutions ‘against LGBT propaganda’ which are essentially unwelcoming of LGBTQI+ people and practices – although the way they put it, it is as if being an LGBTQI+ person was some ‘foreign ideology’. As a result, these municipalities have become so-called ‘LGBT-free zones’. Local governments in these municipalities have issued non-binding resolutions in which they pledge to refrain from taking any action to encourage tolerance of LGBTQI+ people. While they do not have material implications in practice, their symbolic effect is huge, as they stigmatise LGBTQI+ people in a way that legitimises further attacks against us.

  In other words, ‘LGBT-free zones’ are the formalisation of homophobia, the institutionalisation of prejudice. They confirm homophobes in their beliefs and encourage them to turn them into action. The hooligans who throw stones at us during Pride marches every year will now feel empowered because the law now tells them that they are ‘protecting Christian values against homo-propaganda and ideology’. Families that don't accept their LGBTQI+ kids will now feel more confident about their hateful decisions. Teachers will feel uncomfortable when teaching content on LGBTQI+ issues in schools, now that they know that local politicians are against it – and they are the ones who make decisions on school funding. Some teachers have even asked us if they are allowed to teach anything at all related to LGBTQI+ issues after the new policies were put in place.

  An increasing number of citizens are more confident than ever that homophobia is good and something to be proud of. The idea that is being disseminated is that there is something wrong with LGBTQI+ people and you’d better be careful around them. Homophobic billboards have gone up in major cities across Poland, accusing homosexuals of molesting kids, associating them with paedophilia.

  Can you tell us about your campaign to challenge ‘LGBT-free zones’?

  Last year, as local governments were declaring ‘LGBT-free zones’ one after the other, I started thinking about how else to call attention to this given that the media was definitely not interested in homophobia as a problem. Our first campaign was in Lubin, where we created a billboard campaign called ‘Love is Love’. While it received some attention, in the end nothing changed and more ‘LGBT-free zones’ were introduced. I thought we needed to try something new. I wondered what I could do to highlight this problem. Along with my boyfriend we came up with the idea to order signs to place in ‘LGBT-free zones’, but then thought that the signs would not be enough: we needed human stories behind them, we needed to show the real people behind this struggle and inside these zones.

  So I came up with another, very simple idea. I asked LGBTQI+ individuals that I knew in municipalities that had been declared ‘LGBT-free zones’ to participate in the project. It was key that the participants were from those areas, either still living there or – if we could not find any LGBTQI+ resident – that they had at least grown up there. I asked them if I could take a few photos of them with the signs, and honestly, I initially thought that this would be just an art project, something for an exhibition. I took the first photos of LGBTQI+ people standing behind the ‘LGBT-free zone’ signposts in December 2019. I asked photographers and art people to participate in the project, but nobody seemed to be interested; they told me that it was repetitive and ‘nothing new’. In December the European Parliament voted in favour of a resolution to condemn Poland’s ‘LGBT-free zones’ and also the Polish Ombudsman made declarations about it. It was already January 2020 and I felt that nobody was interested in my project so I just uploaded some photos to Facebook page, and then created a webpage, in the hope of triggering some debate in Poland. I never imagined it would lead to a worldwide response.

  Did you get any feedback from the people you photographed regarding the ways in which anti-LGBTQI+ rhetoric and policies are affecting their lives?

  Initial reactions depended a lot on how much interest in politics people had. Some of them had not really thought about the amount of homophobia they had been coexisting with. One of my project’s participants, Kate, who was about 18 years old, first told me she did not feel anything had changed after her town had been declared an ‘LGBT-free zone’. But then I asked her how she felt in the small city that she lived in: could she hold hands with her girlfriend, go to a dance with her and dance together as a couple? And she said she could definitely not; she could not even imagine herself going out onto the street with her girlfriend. She was so deeply submerged in homophobia that she didn’t even notice it was happening.

  Homophobia can be invisible, but statistics do not lie. Many young people are committing suicide, and two-thirds of them are LGBTQI+ people. Many members of the LGBTQI+ community have suicidal thoughts and depression. Some people are being kicked out of their homes and families for being gay; their own parents view them as diseased. And all of this is happening in silence. The people behind the hate campaigns against us would never know about it. 

  Another person who joined my project later spoke to a foreign journalist that I put her in contact with, and just a week later she got death threats over Twitter and Facebook, because the name of the village she lives in appeared in the news report. Now people want to burn her house down. Such is the severity of hate.

  As the ‘LGBT-free zone’ campaign took off, several politicians from right-wing parties, as well as Ordo Iuris, appear to have notified the Prosecutor’s Office that by running it I have committed a criminal offence, but I have not yet received any official notification. For the time being, it seems that they are focused on preparing lawsuits against the Atlas of Hate, a map of anti-LGBTQI+ government resolutions in Poland put together by other LGBTQI+ activists.

  What kind of support from the international community and from civil society around the world do Polish LGBTQI+ activists need?

  Of course financial support is something that we always need, because right-wing CSOs are quite well funded, and we are not. But besides funding, we also need to put pressure on our government and the European Union (EU). European countries that have already enshrined LGBTQI+ rights and equality should support us loudly rather than quietly. This is the only thing that is working with this government. They are scared of the EU and of what other countries will say. So we need diplomacy where ambassadors tell the Polish government that they will lose funding if Poland carries on in this way. They need to constantly ask the Polish government about this and put pressure on them.

  We need a well-organised campaign. People can create petitions – I have seen quite a few, and it was a big surprise to me that many of them were launched by private individuals in France and Germany – but after one week, they are dead. In France, 10 CSOs sent a letter to President Macron to ask him to speak up loudly against ‘LGBT-free zones’ during his visit to Poland. But he didn’t say a word about ‘LGBT-free zones’ or the situation of LGBTQI+ people. Maybe he said something in private, but not in front of the media. We need big CSOs to do something about this.

  Fortunately, we are already growing in solidarity. Last year we had the biggest turnout at a Pride march in Poland. My association conducted a survey that showed that even when homophobia is at its highest in Poland, people are more supportive than ever and are marching for equality and in support of same-sex civil unions. Our biggest problem is with the politicians and not the citizens. People have the internet, they have HBO and Netflix, they are more understanding and supportive than politicians. Things are slowly changing for the best, and we need to make sure they keep going that way. But we need international support to do so, or we will end up like Hungary or like Russia in the hands of Vladimir Putin.

  Civic space in Poland is rated as ‘narrowed’ by theCIVICUS Monitor.
  Get in touch with the Lublin Equality March Association through itswebsite andFacebook page, or follow@marszlublin and@BartStaszewski on Twitter.

   

• POLAND: ‘right-wing backlash is just one side of the coin, the other being the active mobilisation of rights-oriented civil society’

  CIVICUS speaks with Krzysztof Śmiszek, a member of the Polish Parliament and chair of the Parliament’s Intergroup on LGBTI Rights, the first of its kind in Poland, about the situation of LGBTQI+ rights and activist responses to the anti-rights backlash.

  Before entering politics in 2019, Krzysztof had been an activist for almost 20 years. He is also a member of Justice and Human Rights Committee, the European Union Committee and the Polish delegation to the Parliamentary Assembly of theCouncil of Europe.

  What is the situation of LGBTQI+ rights in Poland?

  The situation for the LGBTQI+ community is really hard and complicated. In the last six years there wasn’t any progress at the legislative level so there are plenty of issues that remain unsolved, such as same-sex marriage, special legal procedures for the recognition of trans people’s identities and the prosecution of homophobic speech and hate crimes. 

  In 2015 the reins of Poland were taken over by a right-wing government and, in my opinion, the government is now using racism, xenophobia and homophobia to divide society. Since 2015 we have witnessed a rise in homophobic and transphobic speech as well as intolerant actions aimed at the LGBTQI+ community. The current government is not going to pass any legislation to make the lives of LGBTQI+ people easier.

  I believe that the LGBTQI+ community has become a scapegoat: it is them that the government blames for any problem. A few years ago, it was refugees who played this part, and now they are also being targeted once again. The government also used to blame women’s rights organisations for everything, and now the LGBTQI+ community is being accused of the worse. 

  These are very hard times for the LGBTQI+ community in Poland, because whenever you tune in public TV, read the newspaper, or navigate government websites, you see it being used as a scapegoat. We are witnessing more and more hate crimes and incidents around Poland. Last year we had presidential election and the current president campaigned on an extremely ideological homophobic platform, and he won, which means that politicians and the government now believe that homophobic and transphobic discourse brings popularity. 

  Are there any reasons for optimism in such a bleak context?

  There surely are, because right-wing backlash is just one side of the coin, the other being the active mobilisation of rights-oriented civil society. After six years of witnessing hate speech, people who normally would not have been interested in LGBTQI+ issues have started to care. Civil society is much more progressive and open than the politicians in power. As an activist I see a huge energy that goes beyond the big cities in Poland: there are formal and informal initiatives springing up everywhere.

  Although we are going through hard times, the strong civil society reaction against the government’s intolerance and homophobic discourse and agenda makes me feel optimistic. This year we had around 20 Pride events throughout the country. There is positive mobilisation within society, compared to the situation 20 years ago, when I first became an activist.

  So the situation is more complex than you would think: while Poland does have its homophobic side, with organisations fuelled with a lot of money coming from the right wing, there is also a big movement supporting LGBTQI+ organisations and activists with money, time, energy and solidarity.

  LGBTQI+ activism is using a wide range of tactics, from perfectly designed social media awareness campaigns including short movies about the normal lives of rainbow families to building connections with potential allies, even unlikely ones. A while ago an organisation working against homophobia allied with progressive Catholics, which was really smart because Poland is still regarded as a majority Catholic country. It was very wise to involve someone considered as ‘the enemy’ in the movement. There are also ongoing collaborations with politicians. 

  All the while the government spreads hate, younger generations, people between 18 and 29 years old, are increasingly normalising LGBTQI+ rights and actively and fully supporting the LGBTQI+ agenda. Of course, this does not mean that all young people are gay-friendly: as everyone else, they are divided between openness to European values and the intolerance of the radical right wing.

  What is the Intergroup on LGBTI Rights, what are its goals and priorities, and what work does it do?

  The Intergroup on LGBTI Rights includes members of different parties represented in Parliament who meet and discuss about LGBTQI+ issues. When I organise the group meetings, I perceive the interest of civil society: they want to participate and have contact with politicians. As an activist and now a politician, I view this as the wisest way to ensure progress on our agenda because having activists put pressure on politicians is something that actually works.

  One of our priorities is making Parliament a safe place for the LGBTQI+ community. We believe that Parliament belongs to voters, and as LGBTQI+ people are voters, they have the full right to be present in Parliament and have contact with politicians.

  The main challenge the Intergroup faces is to listen to the worries of the LGBTQI+ community and translate them into legislative proposals. And whenever there is a practical problem with the administration or related to action by public authorities, we are informed by representatives of the LGBTQI+ community and try to shed light on the issue with the help of the media. Politicians and parliamentarians have the power to bring media attention to specific issues.

  As for our tactics, we organise press conferences and invite government representatives, we collaborate with the European Union and the European Parliament, where there’s also an LGBTQI+ group, we keep in touch with international partners and we try to make international audiences aware of what is going on in Poland. For example, when facing proposals to declare ‘LGBT-free zones’ throughout Poland, we brought it to the attention of the European Council and showed it proof that the Polish authorities were discriminating against the LGBTQI+ community. This is something that as politicians we are able to do.

  Is that why you decided to enter politics? Having had experience as both an activist and a legislator, do you think you have been able to tackle the same problem from different angles?

  As an activist I was the one knocking on politicians’ doors and it was their choice to be open to my arguments or not. After doing this for 20 years I thought ‘enough is enough’ and decided that I should now be the one opening doors for LGBTQI+ activists. That was my motivation to get into Parliament, along with the fact that I just did not agree with what was going on in Poland in terms of respect for fundamental human rights, under attack by right-wing politicians.

  I belong to The Left, a centre-left political coalition that was founded to compete in the 2019 parliamentary election. Many of my friends who were also elected to Parliament are now recruiting people from civil society. As a result, now there are feminists who used to work at feminist civil society organisations, people who were involved in ecological movements and people like me, coming from the LGBTQI+ movement, who are playing a role in political institutions. All of us are tired of being just activists, and are now translating our experiences into the language of Parliament.

  Civic space in Poland is rated ‘narrowed’ by theCIVICUS Monitor.
  Follow@K_Smiszek onTwitter. 

• POLAND: ‘We invented new forms of protest because we had to’

  CIVICUS speaks to Klementyna Suchanow, an activist, author and researcher based in Warsaw, Poland, about the recentannouncement by the Polish governmentthat it will begin the process to withdraw from the Istanbul Convention on Violence against Women. Klementyna is one of the founders of thePolish Women’s Strikeand the International Women’s Strike. The Polish Women’s Strike is a grassroots feminist movement founded in 2016 to defend women’s rights against the government's plan to ban and criminalise abortion. Under the COVID-19 pandemic, the movement has remained united and active via a Facebook group and continues to mobilise for women’s rights in Poland.

  

  What has the situation of gender rights in Poland been over the past few years?

  We are under a conservative government and while I would never say it was paradise five years ago, the situation for women’s and LGBTQI+ rights has recently worsened. Every day you witness more verbal and physical attacks against marginalised groups. Divisions have been created along political lines and the main targets of aggression have been immigrants and LGBTQI+ people. During the campaign for 2019’s European Parliament election and this year’s presidential election the main focus has been on hate against LGBTQI+ people. The wave of hatred is very intense and dealing with it is a challenge. 

  The situation of women and women’s rights movements is slightly different. Our new strand of popular feminism is very inclusive and pragmatic. This is why so many young people have joined us in recent months. We see younger generations become more politicised and aware. So the women’s movement is in a very strong position. It is the only movement that has succeeded in forcing the government to take a step back from its idea to ban abortion in 2016, and then later around other issues. It looks like our anger scares them, but they still keep doing things to worsen our situation.

  In sum, women are experiencing setbacks in our legal situation but our power keeps growing. I am not sure if this is the case with the LGBTQI+ community, because they are a minority group and are more exposed. The situation of LGBTQI+ people is definitely getting worse on all fronts.

  Have there been further regressions on gender rights during the COVID-19 pandemic?

  Taking advantage of the pandemic, the government and other groups have made several attempts to roll back women’s sexual and reproductive rights. In May 2020, the Polish parliament proposed a bill that would remove the legal obligation for medical facilities to refer patients to other facilities if they refuse to provide abortion care based on their staff’s personal beliefs. Under current Polish law, a legal abortion can only be performed if the mother’s life is at risk, the pregnancy is a result of rape, or the foetus has a serious deformity. About 98 per cent of abortions fall under the latter category, but a bill was proposed in May to eliminate this clause. In June, new provisions in the Criminal Code imposed harsh prison sentences on those who support women by providing them with abortion care.

  The amendments to abortion laws during the pandemic came about through a civic project submitted by a fundamentalist organisation. We organised protests, which was a slightly crazy thing to do, because how do you protest during a pandemic when you are not allowed to gather? That is why we got creative: we invented new forms of protest because we had to. We staged ‘queueing protests’, standing two metres apart in a queue outside a shop close to the parliament building, to comply with lockdown regulations, while holding signs and umbrellas. This happened in several cities, not just in the capital, Warsaw. As we were not allowed to walk freely, we also organised ‘car protests’. We interrupted traffic and blocked Warsaw’s main square for about an hour.

  These protests were quite effective. The amendments did not proceed and are now ‘frozen’. They were sent to a parliamentary commission, but the commission is not working on them. They have been neither rejected nor approved. But this also means that they might come back suddenly at any point in the future, and we will have to deal with them again.

  From the very beginning this government has been clear that it does not support women’s rights and does not care about violence against women. Since the government came into power, funding to centres that help women has been cut and these centres have had to resort to crowdfunding or are surviving on private donations, because they have no access to state funding anymore. However, some progress has also taken place, as with a recently passed law, which was proposed by a leftist party, that empowers police officers to issue an order to forbid perpetrators of violence from entering the household of the victim for 14 days. This has helped immediately separate victims from perpetrators.

  On the other hand, over the past several months we have seen announcements from the authorities that they are thinking about pulling Poland out of the Council of Europe Convention on preventing and combating violence against women and domestic violence, known as the Istanbul Convention. In the beginning we didn’t take it too seriously. But it is always like this: first they test the waters to see how far they can go, and if they don’t find too much resistance they start pushing forward. During the presidential campaign and election, the topic was not raised, but only a week afterwards it became an issue. Many serious developments, such as arrests of activists, took place right after the election.

  Now the situation is becoming serious. Announcements have been made by several ministers and the president has approved the idea to withdraw from the Istanbul Convention. There is also a lot of propaganda on state media to convince people that this Convention is about so-called ‘gender ideology’. However, surveys show that over 60 per cent of the population is against leaving the Convention compared to only 15 per cent who support the idea. Half of those who oppose leaving the Convention voted for the ruling party. It is weird that they are pushing this so far because it’s against the views of their own voters.

  As someone who was at the forefront of the2016 women’s strike in Poland, how do you feel about the current situation?

  We are so used to hearing bad news that we weren’t surprised with this latest announcement. The situation in Poland is such and so many bad things happen every day that you become immune to bad news.

  During the pandemic everything has been highly political. Instead of focusing on taking care of people’s health, everything became politicised. The presidential election was supposed to be held in May, and there was a lot of discussion about whether it should be held; it was finally postponed to late June. The ruling party knew that it was losing popularity because the health system is not efficient enough and the minister of health himself made huge money by supplying masks and medical equipment. This is why the ruling party pushed to have the election as soon as possible, before it lost too many votes. And instead of taking care of our safety and lives, the ruling party focused on its own political agendas. The attempts to ban abortion were very upsetting and disappointing because you expect more responsibility from your government at such a critical time.

  I knew people were tired of mobilising, so I was surprised to see so many come out to defend the Istanbul Convention, which became a national topic of discussion in the media and everywhere. A lot of positive energy has been created around this and is giving us the strength to try and stop it.

  We have been protesting for five years now. Protest has its own dynamics: you have to feel the moment and decide how to react; sometimes you give it a try and it doesn’t work out. It’s always an experiment. But right now, we feel that there is real energy and a momentum we need to ride on. There is a lot of interest from foreign media, and this topic has become the focus of attention. This is slightly strange because every time we tried to do something on violence against women in the past, it was very hard to get people to mobilise on the streets. There is something about violence that makes it difficult to translate feelings into street action. While many people experience it or know somebody who has been a victim, they don’t like to react to it. Many times in the past we failed when organising things on the topic of violence, but this time people took it up. We might now have a chance to defend the right to a life free from violence and make this a problem for the government.

  Do gender rights activists in Poland currently experience any restrictions on their right to organise, speak up and mobilise?

  I am a writer and artist, and as a result of my activism I am cut off from state grants. There are no state institutions that want to work with me right now because if my name shows up on their list, it becomes a problem for them. You could also be arrested or be taken to court by a right-wing legal foundation such as Ordo Iuris. Of course, there is also hate speech: the government uses your name and your image for propaganda on state media, and you can also be attacked by trolls on social media. Police can hurt you, as happened to me at one protest in 2018. This situation came about gradually, but at this point there is a wide range of forms of repression that you can experience. For the time being, however, I haven’t heard of feminist activists facing physical attacks from civilians.

  I am one of the activists who started taking direct action against the government, so there are a lot of things that I am being accused of. Ordo Iuris does not like me because I wrote a book exposing the international fundamentalist network that it is part of. I am on the list of their enemies, but so far, I have not been sued by them. They say they are working on their list of accusations against me, because there are so many. During our latest protest, members of Ordo Iuris approached a police officer and tried to convince him that I should be requested to show my identification. But the police in Warsaw know us, they know our faces, they knew that I had not done anything illegal during the protest and refused their request.

  In which ways can civil society hold accountable an increasingly authoritarian government such as Poland’s, and what support from international civil society does it need to do so?

  Regarding the Istanbul Convention, we are trying to convince the international community that European funds should be allocated bearing in mind the actual human rights compliance records of each member of the European Union (EU). A new instrument introduced in the EU established that funding should be linked to adherence to democratic principles and practices. We are trying to convince the Council of Europe, the source of the Istanbul Convention, to introduce similar measures towards the governments that are relinquishing their people’s rights. It’s all about linking funding to human rights compliance. Money is the only language governments will understand. Six Polish cities are currently not receiving European funds following their declaration of so-called ‘LGBTI-free zones’, which is considered an act against human rights. We would like to raise this question, together with Turkish women, who are facing a similar battle against their government’s initiative to withdraw from the Istanbul Convention. You cannot be destroying human rights, like Hungary and Russia are doing, and still be treated by the Council of Europe like anyone else, as a partner in the conversation. So, this is a new approach that we are trying to make people understand.

  We want international civil society organisations to lobby local politicians so they become aware that the issues of human rights and funding need to be considered together. The Council of Europe also needs to understand this so we can set a precedent and in the future women here and in other countries will be protected. If we have an authoritarian government that does whatever it wants, even if citizens don’t agree, we need to have some protections from abroad. All we find in Poland is repression, so we need somebody from outside to be on our side and not leave us alone.

  Civic space in Poland israted as ‘narrowed’ bytheCIVICUS Monitor.
  Get in touch with the Polish Women’s Strike through itsFacebook page and follow@strajkkobiet and@KSuchanow on Twitter.

• REFUGEE RIGHTS: ‘My status doesn't represent me’

  As part of our 2019thematic report, we are interviewing civil society activists and leaders about their human rights work, their experiences of backlash from anti-rights groups and their strategies to strengthen progressive narratives and civil society responses. CIVICUS speaks to Abdul Aziz Muhammat, a Sudanese refugee who became an advocate for refugee rights while experiencing long-term detention at the Australian government detention centre on Manus Island, Papua New Guinea. In January 2019 he was awarded theMartin Ennals award for his tireless work on behalf of his fellow detainees.

  How did you become a refugee, and why did you end up detained on Manus Island?

  I am from the Darfur region of Sudan. In 2013, as today, Sudan was undergoing civil conflict, famine and drought, so I fled to Indonesia, where I boarded a boat bound for Australia. When I finally made it, I was sent, along with many others, to an offshore detention centre on Manus Island in Papua New Guinea. This is a notorious holding space used by Australia to detain those seeking refuge. Australia’s policy of detaining and processing refugees on Manus Island has resulted in the systematic violation of the rights of several hundreds of people. I was forced to stay there for four years. I was granted refugee status in 2015 but stayed on Manus Island until 2019 when I was granted asylum in Switzerland.

  What were the main challenges you faced while detained on Manus Island?

  The detention centre was deliberately designed to make our lives there as bad as hell, designed to take our humanity away and replace it with cruelty and inhumane treatment, and designed to push us as hard as possible, mentally and physically. For instance, you wouldn’t receive proper medical treatment if you were sick, physically or mentally, but rather people would point fingers at you or tell you to go back to where you come from. I personally went through a lot of physical and mental challenges.

  It is extremely difficult to summarise the situation, because it really is beyond human understanding. I am afraid people without a personal experience of detention in a place like that wouldn’t ever understand how detention destroys the lives of vulnerable people, both physically and mentally.

  The situation was so bad that nobody who would be able to bear witness – human rights researchers, social workers, civil society organisations – was allowed to enter the island. So I tried to expose the cruelty and inhumanity faced by refugees on Manus island. Over time, I sent a journalist over 3,500 WhatsApp messages documenting the conditions of the detention camp. These were later turned into a podcast, The Messenger, that was published by the Guardian in 2017.

  I started doing advocacy back in 2013. As soon as the authorities realised, the harassment started, and never stopped. It began with physical abuse, then torture, and when I got sick either physically or mentally, I didn't always get treatment. Even when I did, all there was was a doctor whose job description seems to have been to be as bad as they could. Between 2013 and 2015 I was in a desperate need of medical treatment, physically and mentally. Within a month I lost six kilos and I nearly died, but I managed to pick myself up again. I realised that I could not rely on these people to help me or treat me, so I decided to look after myself and treat myself.

  I started to read about psychology and psychiatry and how they deal with anxiety, stress and post-traumatic stress. Reading and researching helped me to cope and to learn how to look after myself as well as to look after friends in similar situations. I became a sort of therapist or counsellor to them, helped them out of their mental crises by detecting their negativity and replacing it with positivity – in other words, by trying to raise hope. I know it's not good to give people false hope, but I just tried to be there for them, to talk to them and try to remain positive, and tell them that we would get out of there sooner or later but in the meantime we just needed to stay positive.

  What were the main restrictions on people’s ability to organise or speak up while detained on Manus Island?

  Restrictions were all over the place. In a prison, the main rule for prisoners is ‘say nothing, do nothing, stay quiet’. You are an animal in a cage – you only move when the cage is opened for you, you only eat or drink when you are given food or water, and you only speak when you are told to. A separate world is created, with its own rules, structures, authorities and boundaries that you are not supposed to cross, and if you do cross them you are subjected to a variety of punishments. Social workers, the case managers, advised their clients in the centre to not speak about their situation if they wanted to get out of there as quickly as possible. Otherwise, you would remain in detention for a very, very long time, as your process would be delayed and your name would be put on a blacklist. These were the kinds of verbal threats that we got.

  When you are immersed in a world like that, you always think of alternative options. If you cannot dismantle the system, then you may try to manipulate it so that you are seen as complying with the rules even if you are not taking them seriously. I wanted to test the limits and check what the punishment for breaking rules would be, if it would be applied or not, so I took the risk to become an advocate and started speaking up about the situation. I knew that I was going to be punished but also wanted to be a role model for others follow, so that if we all spoke up together we would be heard and our situation would improve.

  Unfortunately, due to our differences in cultural backgrounds, some of my friends refused to follow. I also blame the system for this, because it is deliberately designed to create passivity through fear. However, we did manage to highlight the core problems and shift public opinion from a negative to a positive perception of refugees. The Australian government proposed a law that would criminalise whistleblowers further, but despite this, many other people felt encouraged to speak up when they saw us, speaking up about our situation while incarcerated.

  What were your demands to the Australian government?

  We were not in a position to present our demands to the government directly. We were just people who had fled their homelands and were looking for a safe place to call home, and that would give us the opportunity to make a contribution to society. When we came to Australia we were just like every other asylum seeker. We did not want to get in any confrontation with the government or even talk about them and their policies. But when they sent us to Manus Island, they forced us to speak up and organise. As a result, we managed to learn resilience and the ability to think out of the box and to act despite our lack of resources.

  We had one very clear message to the Australian government. We basically asked, ‘If you don't want us in your country, why do you rescue us from the sea in the first place? If you don’t want us, please stop taking us to Manus Island; there are other countries that are willing to take us’. We made it very clear to the Australian government that we did not want to come to Australia after what we had been through, and we wanted them to hand us over to the United Nations’ Refugee Agency (UNHCR), which is designed specifically to deal with the problems of refugees.

  How did the Australian government respond to your demands?

  The Australian government was getting heat from all sides. The international community pointed fingers at Australia and Australian civil society pointed fingers at their government claiming this was cruel and inhumane treatment and accusing them of being fascists. In response, the Australian government claimed this was not actually happening in Australia but in Papua New Guinea – according to them, this was happening on Papuan territory and the Australians were only providing them with the logistics. Truth is, though, that Australia still acts like a coloniser and the Papuan government complies with whatever they say regarding the detention centre.

  As Australia claimed they were not responsible, we ended up facing the authorities of Papua New Guinea, who had no idea how to deal with us. They said they knew nothing of the situation we were denouncing, and that they didn’t even have access to us or the authority to make any decision regarding us – they were waiting for the Australian parliament to decide what to do and where to send us. So we basically kept being sent back and forth and never got any response from either side.

  As our demands were ignored by both governments, we found ourselves fighting not only for our freedom but also for something more basic, our human dignity. We were human beings who had been turned into numbers but fought back to turn ourselves back into human beings, so that then we could start thinking about freedom. That is when we thought, ‘What if we demand our fundamental rights, like proper medical treatment? We are talking about Australia, a Western democracy with top-notch medical services – why can't we just access equal medical services as Australian citizens?’. Still, the government kept ignoring us.

  We then realised that if we were not able to get to the Australian authorities, we might still be able to use social media to challenge the government’s arguments. And so we did.

  Did you get any support from civil society in Papua New Guinea, Australia or other countries?

  To be honest, civil society in Papua New Guinea had no idea what they were dealing with, of what was going on. Civil society groups there are dealing with other crises – healthcare, insecurity, unemployment – that from their perspective are much worse. They just don’t have the time or resources to look into Manus Island.

  As for Australian civil society, there has been a significant change over the past few years. Today, with the help of Australian civil society, we are managing to get our message around Australia. When we started talking about Manus Island in 2013, one organisation, Refugee Action Coalition in Sydney, got in touch with us and connected us with many other civil society organisations. At the beginning, the position of civil society wasn't very clear or unified. Many thought their argument was weak because this was happening outside Australian territory. But we worked hard to shift their views, and now Australian civil society has a stronger, vocal position, and every time they get into an argument with the government they win it. We are very thankful to every individual and organisation in Australian civil society who contributed to spread the word about Manus Island.

  Alongside Australian civil society, we succeeded in having the Medevac Bill passed in February 2019. This law gave us refugees not quite full access to our fundamental rights, but it gave us something rather than nothing. The newly-elected Conservative government is now desperately trying to repeal the Medevac Bill, but thank God we have managed to buy some time until November.

  Are you aware of groups in Australia that oppose refugee rights?

  I cannot say there are civil society groups organised to oppose refugee rights, but there are indeed politicians in parliament and in government who do. They claim that Australia has one of the best asylum processes and that the people on Manus are not refugees. They tell people: ‘these people are coming to take your job, to steal your welfare, they are criminals’. These are the politicians. There are just a minority of Australian society, but they are always there. There are always people who oppose your rights, and they do it by putting forward arguments that may not even be connected to what you're fighting for.

  Do you think that people outside Manus recognised the work that you were doing?

  Although I did a lot for my friends inside Manus and for many people elsewhere, while I was on Manus I never felt that my voice was being heard or my work recognised, up until February of this year, when I was given the Martin Ennals award. I am very thankful to everyone who stood beside me and shared my story and demands. I don’t have an academic background and I started from the grassroots, where I faced many challenges, but never thought that I should stop. I just want to keep doing the work that I’m doing. I’m not doing it for credit, but because this is who I am, and it’s what makes me feel good about myself. I want to represent the voice of refugees, because our voice is either completely missing or misrepresented by some organisations.

  Over time, I witnessed some organisations working day and night on behalf of refugees, while others are fighting for their own interest or to further their own political agenda. Sometimes people contact you and ask you a comment, or to participate in an event, they use you for their fundraising and you never hear from them again, until they run out of funds and they come back to you. So it is important to tell apart those who are advocating or speaking on behalf of the missing voices of refugees or migrants because that is what they believe in, and those who are trying to get some gain out of it. It is important to identify those who do it out of their humanity or because they feel that something needs to be done.

  Sometimes other people take credit for the work I do, fail to see me as my own advocate, or think I am going to put their work in jeopardy, and for that reason they keep undermining me. But they won’t stop me – I’m here to make unheard voices heard. All the while I’m dealing with a huge amount of trauma, as I spent six years incarcerated in a detention centre, in a parallel world with its own rules and restrictions, where people are kept under control and their humanity is taken away.

  What difference did the Martin Ennals award make to you and your struggle?

  Winning the Martin Ennals award gave me purpose, and a lot more. I never in my life thought that one day I would be coming to Europe, and particularly to Geneva. It was not even part of my dream, and it happened because of the Martin Ennals award. Above all, this award meant recognition, not just of the work I’ve done, which I wasn’t doing to be recognised anyway, but most importantly of the situation of refugees and asylum seekers in Manus Island, in Nauru, in Australia and around the world. It meant that despite what we've been through, or maybe because of it, we get to represent our own voice, to speak for ourselves and make the world know what is happening.

  The award finally shone a light on the crisis on Manus Island. Not long ago, the Australian government came to Europe to talk about their successful migration policy. They didn’t speak about the atrocities they have committed and the suffering they have caused to kids, men and women who have been mentally and physically destroyed. But as a result of this award people are beginning to understand what happened. It was a crime against humanity. I’m not a lawyer or a legal expert, but you don’t have to be one to see that locking up thousands of people for years and torturing them mentally and physically is well beyond the law, and any government that does that is acting above the law.

  What are the next steps for you?

  I want to continue amplifying the voices of migrants and refugees and to make people understand that we are equal human beings, you and me, that there is no difference between us. I want to advocate for refugees and migrants globally, not just in one place, because as we can currently see in Europe, some countries are acting beyond all limits, turning into evil. Italy and Hungary, for instance, have even passed laws to criminalise people who are saving the lives of others. So what I want to do next is help empower these embattled human rights defenders.

  I also want to make people stop judging people based on their status. If you look at my status, my migratory status, I am a refugee. But my status doesn't represent me. I am Aziz, and I want people to treat me as Aziz – Aziz who has the ability and capacity to stand up and speak and participate and share his story, Aziz who also can be part of the community he is in, not Aziz the refugee you feel sorry for. 'Refugee’ and ‘migrant' have almost become offensive words, and it is our duty to change that, to prove to the world that they are not, and to remind people of history. It's not long ago when the world turned upside down in the First and Second World Wars, when many people became refugees and were not treated the way that we’re treating people right now. The fact that you were not there at the time is no excuse for ignorance. The history is there; if you can read, you can learn what happened. I will use the Martin Ennals award to share my story and other stories of struggle and resilience on Manus Island. I will use my personal testimony to give people the facts.

  What support do refugees and refugee advocates need from the international community and international civil society?

  We want the international community to understand fully that we are human and include us in the conversation and in decision-making. By talking about us, or representing us, be it from a legal or an academic perspective, you are not helping the victims, those actually experiencing torture and trauma. What we want is for the trauma and the torture to stop, and for that to happen, we need people who have been through the experience to come and testify, to be heard by the international community.

  We want civil society to also include the voices of refugees and migrants in roundtable discussions, where they could convey the message that people do not choose to be refugees, but they are forced to. If I can take part in the discussion, I will say what is in my mind, I will tell what I have been through, and I will be a strong voice on behalf of people who remain in places that are out of sight, out of mind – where no one knows of their existence. I will be their voice. It will encourage them to stay strong, resist power and fight hard, even inside a detention centre, if they know a refugee is sitting at the table and speaking on their behalf.

  Including refugees at the table provides legitimacy to civil society. When civil society speaks up, governments always undermine them by pointing out, 'You were not there, how do you know?'. In order not to be pushed into the corner that way, they need to bring in refugees or migrants that speak for themselves and who can say ‘yes, I was there, and I know how horrible that place is’.

  To stay true to its mission, civil society needs to question its own motivations and scrutinise everything from that perspective, even human rights institutions and refugee agencies and staff. Many people view international institutions and civil society organisations as a source of employment rather than a platform to serve others, to help people that are in need of help. There is so much to be done in order to improve human rights and democracy around the world. We need everyone’s contributions, the only way we can do it is together.

  Get in touch with Aziz onFacebook and follow him onTwitter

• SIERRA LEONE: ‘We are dealing with a relentless campaign by anti-rights groups’

  CIVICUS speaks about the struggle for sexual and reproductive health rights in Sierra Leone with Nicky Spencer-Coker, head of advocacy and movement building of Purposeful Sierra Leone.

  Purposeful is a feminist hub for girls’ activism, rooted in Africa and working all around the world. The organisation has played an active role in promoting the Safe Motherhood and Reproductive Health Bill in Sierra Leone.

  What is the Safe Motherhood and Reproductive Health Bill?

  The Safe Motherhood and Reproductive Health Bill is currently being drafted following the president’s announcement that his government unanimously backs an initiative to promote risk-free motherhood, made during the 10th Africa Conference on Sexual Health and Rights held in Freetown, Sierra Leone, in early July. But the message that came out on the media was that Sierra Leone had legalised abortion, which was actually not the case.

  Following its announcement, the government has hired national and international consultants to take part in the process. Further, a working group that includes activists, practitioners and government officials is working alongside the Ministry of Health.

  The expectation is that the bill will have reached parliament by the time the new parliament opens in October. Sierra Leone will have elections next year and we do not want this to carry over into the election period because we could face problems with members of parliament wanting to protect their seats by not engaging with an initiative that could be viewed as controversial, as it should include access to sexual and reproductive health services. We hope the bill will be submitted to parliament by October and it will pass this year.

  In 2015 parliament passed the Safe Abortion Act, which was supposed to allow women and girls access to safe abortions. But the former president blocked the bill, possibly due to both lack of political will and pressure from anti-rights and religious groups.

  It is worrying that the same issues that led the former president to not sign the Safe Abortion Act continue to be raised by certain segments of society in the context of the Safe Motherhood and Reproductive Health Bill. We hope this time around it will be different because our president has signalled that he and his cabinet are willing to challenge abortion stigma in the context of health services for girls and women.

  In addition, our government has signed international instruments such as the Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa, which requires states to provide people with access to adequate and affordable health services. This puts pressure on the government to respect and promote the right of women to health, including sexual and reproductive health. We remain hopeful that these commitments will be fulfilled.

  How has civil society in general, and your organisation in particular, advocated for abortion rights?

  Women’s rights groups and activists for sexual and reproductive health rights have been fighting for the abolition of colonial-era abortion laws for years, with the movement growing stronger in 2014 and 2015 when the Safe Abortion Act was being advanced. Most of these organisations and activists collaborate under the umbrella of the People’s Alliance for Reproductive Health Advocacy, a coalition that advocates for sexual and reproductive rights through engagement, dialogue and partnership with key stakeholders.

  As well as being part of the coalition, Purposeful also operates as an independent organisation that carries out our own advocacy work in communities. We are an African-led feminist hub for girls’ activism, and we want to make sure Sierra Leonean girls inherit a world where they can live safely and have choices. High on our agenda are sexual and reproductive rights, but we work on a wide platform including the provision of comprehensive sexual education, accurate information on reproductive health choices and life skills.

  A strategy that has proven particularly successful for the Coalition has been to engage directly with various groups of stakeholders. We have tried to stay in constant dialogue with organisations and people who vehemently oppose women’s sexual and reproductive rights. Telling human stories that show how women and young girls are affected by the lack of access to reproductive health services has helped bring awareness of the severity of the issues we face.

  Over the years, the Coalition has been fortunate to work with medical professionals and the Ministry of Health to shift the narrative on the safe termination of pregnancy and safe motherhood in Sierra Leone, a country with a very high rate of teenage pregnancy and maternal mortality. A significant number of these deaths are caused by lack of access to safe abortion and reproductive health choices.

  Have you faced anti-rights backlash?

  In 2015, when the Safe Abortion Act was being discussed, there were several confrontations between anti-rights groups and civil society activists, and I was nearly assaulted when attending a parliamentary session. For the drafting of the current bill we are not seeing the same level of aggression, but we are dealing with a relentless campaign by some anti-rights and religious groups that are going on radio and television to denounce a bill that does not even yet exist.

  We don’t find the backlash surprising and we know that the position of certain groups won’t ever change. But it’s the government’s responsibility to look to the greater good and ensure the health and wellbeing of women and girls.

  Besides, we have seen a positive response from the public. I think this is the result of civil society’s focus on sharing information and creating awareness. We also appreciate international attention, as it will provide incentives for the government to stay true to its words.

  What are the next steps, and what kind of international support would Sierra Leonean civil society need?

  There is a joint drive by the Ministries of Education and Health to ensure the success of the initiative that is pushing the government to provide comprehensive sexual education in schools. Our country has extremely high rates of teenage pregnancy, which we hope to reduce through education. While legalising abortion is important, many other issues regarding accessible and affordable health services for women and girls must also be addressed, and healthcare professionals must be adequately trained to provide those services.

  We need international civil society to keep these issues on the agenda. In Africa we have noticed that when you stop insisting on something, governments automatically think the issue is off the table and there’s no need for them to do anything about it. It’s our job to continue to remind our government that it has signed certain instruments that make it imperative for it to recognise the reproductive rights of women and girls. We also need to have a cross-border conversation with other African countries that have more progressive reproductive health rights legislation.

  Civic space in Sierra Leone is rated ‘obstructed’ by theCIVICUS Monitor.
  Get in touch with Purposeful through itswebsite orFacebook andInstagram pages, and follow@Purposeful_org on Twitter.

• SPAIN: ‘The main challenge is to consolidate legally recognised rights and prevent backsliding’

  CIVICUS speaks with Carmen Miquel Acosta, gender lawyer at Amnesty International Spain, about the recently passed Organic Law on the Guarantee of Sexual Freedom, known as the ‘Only Yes is Yes Law’, and the role of civil society in advancing women’s rights.

  What was civil society’s role in the process leading to the approval of the ‘Only Yes is Yes Law’?

  The ‘Only Yes is Yes Law’ is a clear example of the joint work done by the women’s movement, and particularly the feminist movement, present in all spheres, including civil society and government, to respond to a situation.

  One of its triggers was the ‘La manada’ (‘The herd’) case, a case of gang rape that happened in Pamplona in 2016. The judicial response to that case was a perfect example of patriarchal justice, or rather injustice. It exhibited the way in which stereotypes operate and the principle of not believing the victim.

  In 2018 the court decided that what had happened had not been rape but just ‘sexual abuse’, and sentenced the five members of the ‘herd’ to nine years in prison for that crime. Outrage at the verdict triggered huge protests and the women’s movement grew in numbers. Many young women who were getting acquainted with feminism mobilised for the first time.

  It was also at that time that Amnesty published a report highlighting the lack of specific public policies on sexual violence, the lack of data and the absence of a legal framework to address this violation of fundamental human rights. We have called for a law to address the issue ever since.

  Participation in the legislative process was massive and civil society provided a great deal of input, as a result of which the draft was improved.

  The process took quite a long time, not only because it enabled participation, but also because in Spain the process of developing organic laws that deal with fundamental rights requires mandatory reports from the General Council of the Judiciary and the Council of State. All these reports informed the draft law and allowed for a more rigorous treatment of the issue.

  What were feminist organisations’ main issues of concern during the development of the law?

  The first issue was the lack of a diagnosis. This was an issue that concerned Amnesty because we see a tendency to deal with problems without a prior diagnosis and to skip an evaluation of the effectiveness of the public policies adopted.

  With this law the government sought, among other things, to implement the Council of Europe Convention on preventing and combating violence against women and domestic violence, known as the Istanbul Convention, which requires Spain to adopt public policies of prevention. This requires a diagnosis and systematic data.

  Another important issue was that of the judiciary. Spain received a judgment from the United Nations Committee on the Elimination of Discrimination against Women for a case of stereotyping by a female judge. In this process, a central discussion was how to deal with the use of stereotypes by the judiciary, what training should be given to judges and to what extent it should be compulsory, without being seen as interference in the independence of the judiciary.

  Another issue that was also of concern to us, but which was not included in the law, was that of the use of sexual violence as torture. In Spain sexual violence has been used this way in places of detention, especially against foreigners. The law does not go so far as to establish a crime of torture, which is not subject to a statute of limitations and entails a different type of investigation as it is a crime under international law.

  Another issue that in our opinion was not adequately addressed is that of foreign women in an irregular migratory situation. Although the Istanbul Convention establishes that it is not necessary to file a complaint in order to access gender-based violence services, in cases where women file a complaint, if for whatever reason no conviction ensues, their expulsion files can be reopened.

  Finally, there were some issues, such as sex work, that generated debates within feminist circles that remain unresolved. Amnesty’s position is that sex workers have human rights and the criminalisation of sex work not only does not help them, but exposes them to stigmatisation. Unfortunately, sex workers’ collectives were not consulted in the process.

  What difficulties will the implementation of the law face?

  This is a very ambitious law, the implementation of which requires a lot of resources. It will have to be implemented across the whole territory of Spain, which includes 17 autonomous communities, each with its own jurisdiction on social services and justice, among other areas involved in the implementation of the law. All this raises the question of how the text of the law will be translated into effective reality.

  What are the next challenges for women’s rights?

  The main challenge is to consolidate legally recognised rights and prevent backsliding. At the moment a reform of abortion legislation is on the table to remove barriers to access this right, and it is going to be a controversial issue in the parliamentary debate.

  Opinion is very polarised and there is a prevailing narrative that demonises the other, something that is very apparent in the use of the ‘gender ideology’ label. Freedom of expression enriches democracy and must be protected, especially when things are said that we do not like. But attacks on human rights defenders and hate speech, both of which are on the increase, are an entirely different thing.

  In relation to women’s rights we are seeing setbacks in nearby countries such as Hungary and Poland. Rights gains that we had come to take for granted are not being consolidated or are experiencing setbacks. Hence the importance of increasing human rights awareness and citizen participation. In the midst of this ideological battle, the democratisation of the language of rights is now more urgent than ever.

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

  Get in touch with Amnesty International Spain through itswebsite orFacebook page, and follow@amnistiaespana on Twitter.

• SPAIN: ‘We demand legal and safe channels for migration; attempts to stop it will only cause more suffering’

  CIVICUS speaks with Solidary Wheels about the deadly consequences of European governments’ anti-migrant policies, in light of the deaths of migrants at an attempted crossing of the Spain-Morocco border on 24 June.

• SWEDEN: ‘Swedish civil society needs to defend democracy at the grassroots level on a daily basis’

  As part of our 2018 report on the theme of reimagining democracy, we are interviewing civil society activists and leaders about their work to promote democratic practices and principles, the challenges they encounter and the victories they score. Following Sweden’s September election, CIVICUS speaks to Anna-Carin Hall, press officer at Kvinna till Kvinna (Woman to Woman), a Swedish civil society foundation that seeks to strengthenthe role of women in conflict regions by collaborating with women’s organisations and supporting their work to promote women’s rights and peace. Its advocacy focuses on six thematic areas: safe meeting places, the empowerment of women’s rights defenders, increasing women’s power, women’s participation in peace processes, power over one’s body and security for all.

  Sweden’s September election saw support fall for the established centre-left and centre-right parties and rise for the far-right Sweden Democrats. What factors lie behind this result, and what broader trends do you think it points to?

  First, I must emphasise that my answers reflect my own personal opinions rather than those of the organisation I work for. Kvinna till Kvinna is a politically and ideologically independent organisation and has only taken one single standpoint regarding the elections – against what we see as the Sweden Democrats’ anti-feminist policy.

  That said, the drop in support for social democratic parties, for example, is an ongoing trend all over Europe, and not just in Sweden, so one answer could be that this global trend towards a more traditional, nationalist and authoritarian climate finally got hold of Sweden, too.

  Part of the explanation is, as always, fear of globalisation, as traditional jobs move out of Sweden as a result of cost-efficiency thinking, and a large influx of migrants over a short time span, particularly in 2015, create a heavy pressure on the Swedish welfare system, including education and health services, as well as housing shortages.

  Before the election there was also public discussion about the gap between urban and rural areas in Sweden, and around health services shutting down in remote areas. Support for the Sweden Democrats is more common in regions with low education, low income and high unemployment.

  Nevertheless, the Swedish economy is still very strong, and Swedes are in no way suffering economically because of heavy immigration. But large migration centres set up in the countryside have altered the makeup of the population very quickly, causing tension in these places. Additionally, long-term studies in Sweden have shown that for many decades public opinion has been less pro-immigrant than the policies of the dominant parties, and the Sweden Democrats are now being able to capitalise on this.

  Apart from the economy, insecurity issues have also been used to stir anti-immigrant sentiment. A rising level of spectacular shootings among criminal gangs in some immigrant-dominated suburbs has attracted the attention of both Swedish and international media – one of those events was even mentioned by US President Donald Trump, who incorrectly implied that it had been a terrorist attack – and alt-right websites have used these politically a lot.

  Longer term, do you expect support for far-right causes to continue rise, or do you think it has peaked?

  There are different views on this. Some analysts say that the Sweden Democrats have become popular because the other parties in parliament have tried to shut them out. As a result, the Sweden Democrats and their supporters have been able to play the role of victims and claim that the political elite does not care for the views of the common people. Some therefore argue that the Sweden Democrats should be included in the government, and refer to the case of Finland, where Sannfinnlandarna, a nationalist party, reached the government and showed themselves unfit to govern, as a result of which support for them rapidly dropped. This is suggested as one potentially easy way to get the Sweden Democrats off the agenda.

  Several analysts have predicted that the Sweden Democrats will rise a bit more in the next election and will then start to lose popularity. The explanation for this would be that the right turn in the Western world will eventually fade out - but this is really just an assumption, with not much in terms of facts to support it.

  Are these trends indicative of rising currents of xenophobia and racism? If so, how have the more mainstream political parties responded to these and how have they impacted on rights-oriented civil society?

  There is a discussion in Swedish media right now regarding whether support for the Sweden Democrats is driven mainly by xenophobia and racism. Some opinion-makers claim this is the case, but there are surveys pointing towards the fact that Swedes think that the problem is failed integration, rather than immigration itself. Swedish society hasn´t been able to provide immigrant groups with proper education in Swedish, guidance about the Swedish community, decent jobs and so on.

  The change in the political climate manifests itself in, for example, more outspoken discussion of the costs of immigration and its impact on the Swedish welfare system. We can also see a more vivid discussion around cultural or traditional behaviour, such as honour crimes, with some claiming that for too long Sweden has not taken a strong stand against this and avoided several conflictive issues around immigration and integration that were considered culturally sensitive.

  The normalisation of the Sweden Democrats, a party that originated in the Neo-Nazi movement of the 1970s and 1980s, has also led to a louder alt-right Neo-Nazi movement in Sweden, which though still low in numbers, gets a lot of media attention. Several alt-right media outlets are spreading fake news about crime rates among immigrants. Alt-right groups are also making threats, spreading hatred and running smear campaigns in social media. This climate may very well lead to self-censorship among pro-immigration, feminist and LGBTQI groups.

  Mainstream parties have responded to all of this by moving towards a more moderate immigration policy and placing higher demands on immigrants – for instance, by introducing new requirements that they must meet in order to receive social aid and subsidies. Rights-oriented civil society groups are still trying to raise their voices in favour of a generous immigration policy based on humanitarian values, but they aren’t getting much attention these days.

  How is civil society working to combat xenophobia, racism and right-wing populism in Sweden, and what else could it do to build support for human rights and social justice?

  Open racism and xenophobia are in no way tolerated by the vast majority of Swedes, and several local rallies have been staged against racism and the Neo-Nazi movement both before and after the elections. Rights-oriented civil society has prepared for a long time to counter these trends, but stills needs the support of large groups of everyday people to have an impact on official discourse and the public conversation.

  Swedes take great pride in their open society and will likely defend the free press, the freedom of speech and gender equality, among other values. Threats and hatred against immigrants, journalists, feminists and LGBTQI activists get much attention in the media and several political actions have been organised to prevent them from happening. So, if a right-wing government forms with silent or open parliamentary support from the Sweden Democrats, we will likely see a lot of strong reactions from the political and cultural establishment as well as from civil society.

  In the long run, Swedish civil society needs to work to defend democracy at the grassroots level on a daily basis, and maybe it also needs to go to the barricades to build opinion and change what could turn out to be a dangerous course of history.

  Civic space in Sweden is rated as ‘open’ by the CIVICUS Monitor.

  Get in touch with Kvinna till Kvinna through its website and Facebook page or follow@Kvinna_t_Kvinna on Twitter.