criminalisation

• MOZAMBIQUE: ‘The new NGO Law will be the death of the civic movement’

  

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  CIVICUS discusses the state of civic space and new restrictions being imposed on civil society in Mozambique with Paula Monjane, Executive Director of the Civil Society Learning and Capacity Building Centre (CESC).

  CESC is a non-partisan, non-profit civil society organisation (CSO) founded in 2009 with the mission of strengthening the capacity of citizens and communities to participate actively in socio-economic and political development processes, investing in knowledge sharing, learning tools, monitoring and advocacy for public policies that respond to people’s needs.

  What are the current conditions for civil society in Mozambique?

  The legal, political, institutional and practical conditions under which civil society operates in Mozambique have deteriorated over time. Over the past 10 to 15 years, despite having a constitution and laws that safeguard and recognise fundamental universal rights, we have witnessed increasing curtailment of freedoms of expression and information, press freedom and freedoms of assembly and public participation. This curtailment has been practised in violation of both the Constitution of the Republic of Mozambique and the global and African human rights instruments Mozambique has signed. Currently, legislation is being proposed to silence dissenting voices and people fighting for better governance of public affairs and the protection of human rights.

  Freedom of the press and expression has been marked by intimidation, kidnappings and disappearances of journalists, illegal detentions and physical violence, including killings perpetrated with impunity, mainly by police officers and other security forces. In 2021 alone, the Media Institute of Southern Africa (MISA) recorded 23 cases of violations.

  In addition to these actions, there have been legislative onslaughts to limit press freedoms. In 2018, Decree 40/2018 introduced inexplicably high taxes for the licensing and registration of media companies and the accreditation of national and foreign press correspondents. In 2020 the decree was repealed due to pressure by MISA and the fact that the Constitutional Council declared it unconstitutional. But in December 2021, the government introduced a bill on media and broadcasting that would further restrict the exercise of press freedoms.

  Attempts to deny permission for peaceful protests and control and suppress them have also increased. In 2022, several peaceful protests organised by feminist activists that had been notified to the relevant institutions were interfered with. In many cases activists were rounded up at police stations for no clear reason. People defending human rights have suffered reprisals, ranging from verbal and bodily threats to murder.

  Elections, which have never been free or fair, have been the scene of systematic fraud, with violence committed before, during and after voting, and impunity for the state agents involved in it.

  Spaces for people’s participation, which became popular in the 2000s, have been losing steam in the face of an increasingly closed political regime. People’s participation in state planning has become dependent on the will of the state official who oversees the area and the locality in question. In addition, we are witnessing a rise in controls imposed on CSOs that scrutinise the government in the areas of democracy, governance and human rights and threats they will be ‘blacklisted’.

  Other restrictive measures have included changes introduced in the Criminal Code in 2014, defining defamation of senior state officials as a crime against state security and the approval of the 2022 Anti-Money Laundering and Terrorist Financing Act, which overregulates CSOs.

  Under the pretext of fighting terrorism, yet another proposal that restricts a fundamental right, that of freedom of association, was approved by the Council of Ministers in September 2022 and sent to the Assembly of the Republic, Mozambique’s parliament, for approval in October.

  How will this new law affect CSOs in Mozambique?

  The draft law establishes a legal regime for the creation, organisation and functioning of CSOs and contains several norms that violate freedom of association, despite this right being safeguarded by the constitution and international human rights treaties. It gives the government absolute and discretionary powers to ‘create’, control the functioning of, suspend and extinguish CSOs.

  If the bill is approved, it will legitimise already existing practices restricting civic space, allowing the persecution of dissenting voices and organisations critical of the government, up to banning them from continuing to operate. It will be the death of the civic movement, as only organisations aligned to the ruling party will survive. Party leagues affiliated with opposition political parties and opposition political parties themselves may be at risk of extinction.

  Among other things, if passed, the new law would require that statutory changes that involve changes in objectives, activities or even the name of a CSO be approved by the regulatory body, without imposing any deadline for it to issue a decision. It would impose a single template for the bylaws of all CSOs, including details on authorities, mandates, forms of operation, reporting and members’ rights, easily allowing for the criminalisation of their leaders. It would reverse the burden of proof: CSOs will have to prove they are fulfilling their objectives and functioning properly through an annual report submitted every first quarter, and will risk suspension or termination if they fail to submit two reports. This law is intrusive in an area regulated by private law as established by the constitution and also ignores the variety of associations that exist in Mozambique. In addition, it gives the government the authority to conduct monitoring visits, audit accounts, visit implementation sites, demand periodic reports and request additional documentation whenever it sees fit.

  Under the guise of preventing money laundering and terrorism financing, the draft law treats CSOs as criminals from the get-go. It is also unclear how these excessive controls could actually result in greater success in the fight against terrorism financing.

  Why is the Mozambican government regulating CSOs as part of the fight against money laundering and terrorism financing?

  The argument that this law aims to combat money laundering does not hold up, first of all because another law was passed in July 2022, law 11/2022, which deals specifically with money laundering and terrorism financing. CSOs must comply with it and it contains a specific article dedicated to them.

  Out of the 40 recommendations issued by the Financial Action Task Force (FATF) for states to adopt in the fight against money laundering and terrorism financing, only one – recommendation 8 – pertains to CSOs, and focuses on the possible need to adapt the legal framework based on risk assessment, in order to identify the sub-sector at risk, understand possible risks and develop adequate measures for mitigation and supervision based on and proportional to risk.

  Additionally, the FATF has attached an extensive interpretative note to recommendation 8 and has produced a report on best practices, which mentions the need to respect international human rights law, indicates that measures should not disrupt or discourage legitimate charitable activities and notes that actions taken against non-profit organisations suspected of engaging in terrorism financing should minimise the negative impact on the innocent and legitimate beneficiaries of their services.

  In October 2022, Mozambique was put on the FATF grey list, but the only action it needed to take in relation to CSOs was to conduct a terrorism financing risk assessment in line with FATF standards and use this as the basis for developing a disclosure plan. These recommendations are also in line with the assessment conducted in 2021 by the East and Southern Africa Anti-Money Laundering Group, the FATF’s regional partner organisation for East and Southern Africa. But instead, the Mozambican government has presented parliament with a bill to restrict the work of CSOs. The question then is, what are its real intentions?

  The Mozambican government is not alone in attempting to pass an anti-civic space law. Several African states are using FATF recommendations and international pressure as an excuse to legitimise breaches of international and regional human rights instruments and their constitutions, relying on the indifference and sometimes even the protection of some bodies that should be defending these rights.

  Over the past two decades, in a context of democratic regression and a growing prevalence of authoritarian governments, the African continent has seen many laws and measures passed or proposed that restrict universal rights and civic space. According to Freedom House’s 2022 report, 24 African countries have attempted to pass anti-civil society measures and laws. Twelve have succeeded in passing them, six have failed or given up and six have initiatives pending, including Mozambique.

  How is civil society responding?

  Soon after the surprise approval of the draft NGO law, national, provincial and district CSOs came together in what is now a movement fighting for the right to freedom of association. Aware that this process is not merely technical, but mainly political, we embraced multiple tactics, from lobbying and advocacy with decision makers in government, parliament and national and international human rights institutions to campaigns to deepen people’s understanding of the implications of this law’s approval.

  We also conducted several technical analyses and promoted national and international debates. After many efforts and difficulties, we were able to hold a two-day meeting with relevant parliamentary working committees in November 2022. This resulted in the important decision that there was need for a broad consultation with citizens and social organisations at the national level, as universal and fundamental rights are at stake. Consultations were held in all 10 provinces between 6 and 16 February 2023, organised by the Assembly of the Republic alongside the Movement of CSOs In Defence of the Right and Freedom of Association, and included the participation of over 600 CSOs that were unanimous in rejecting the draft law.

  Despite these important steps, we remain concerned about the link made between the urgency to approve the law and Mozambique’s removal from the FATF grey list. This means that even if it does not correspond to what is required of Mozambique, parliament will approve the law as soon as it resumes work next March. Given the defects of the draft law, we think the time is too short for a proper revision that ensures it doesn’t violate the fundamental and universal right to freedom of association.

  If it is passed, we will push for it to be declared unconstitutional. We also expect more visible action from international and regional bodies, including CSOs. Given the dimension of the problem, in Mozambique as in the continent, and because it falls under their mandates, we expect urgent condemnation from the African Union, through the African Commission on Human and Peoples’ Rights, and from the United Nations, through the Special Rapporteur on the rights to freedom of peaceful assembly and of association and the Special Rapporteur on counterterrorism and human rights.

  On behalf of CSOs fighting for human rights and democracy, we hope that the solidarity already shown will continue and that we will join efforts to push back against anti-civic space initiatives such as this.

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

  Get in touch with CESC through itswebsite or itsFacebook page, and follow@CescMoz on Twitter.

• NICARAGUA: ‘María Esperanza’s case is part of a growing process of criminalisation of social protest’

  CIVICUS speaks with Ana Lucía Álvarez, Nicaragua officer of the Mesoamerican Initiative of Women Human Rights Defenders (IM-Defensoras), about the case of María Esperanza Sánchez, unjustly imprisoned in Nicaragua since March 2020, and the ongoing campaign for her release.

  IM-Defensoras is a network of activists and organisations from El Salvador, Guatemala, Honduras, Mexico and Nicaragua that seeks to provide a comprehensive, regional response to the increasing violence against women human rights defenders in Mesoamerica. Founded in 2010, it seeks to empower and connect women defenders involved in various organisations and social movements to strengthen networks of protection and solidarity among them and to increase the visibility, recognition and impact of their human rights work.

  

  How long has María Esperanza been in prison, and why?

  María Esperanza was captured on 26 January 2020. She is an activist who for a long time accompanied relatives of political prisoners. I believe she began her activism and her organisation after the citizens’ uprising of April 2018. She was already being persecuted, so she was staying in a safe house. The police illegally and arbitrarily raided the house, without a search warrant, and arrested her. She was accused of trafficking narcotics, psychotropics and other controlled substances to the detriment of public health. Her trial is being handled by lawyer Julio Montenegro, who specialises in cases of criminalisation of protest and judicial prosecution of activists and human rights defenders. 

  Do you consider María Esperanza’s case to be part of a broader attack on civic space in Nicaragua?

  There is definitely a growing process of criminalisation of social protest in Nicaragua. The first upsurge in criminalisation came after Operation Clean-up, which ended around August 2018. This was a pseudo-military operation carried out by police and para-police forces to dismantle any organisation of territorial protection that the population had built through barricades in neighbourhoods and roadblocks around the country.

  Once Operation Clean-up was over, the criminalisation of those who had taken part in the civic struggle began. More than 800 people became political prisoners, before being released in 2019 by unilateral decision of the government through the Amnesty Law.

  María Esperanza had already been persecuted, harassed, put under surveillance and threatened before she was imprisoned for her human rights work. Her arrest and trial, like those of so many others, were plagued by irregularities. Violations of due process are systematic. In Nicaragua, the justice system is totally co-opted. It has collapsed and is under the control of the presidential couple: President Daniel Ortega and his vice-president and wife, Rosario Murillo.

  How has the situation of civil society changed since the 2018 wave of protests?

  More than 350 people were killed in a span of six months during the 2018 protests. The symbolic and emotional weight of that death toll in a country that has experienced civil wars, dictatorships and armed uprisings has been tremendous. In Nicaragua there has never been accountability, there have always been policies of wiping the slate clean, which has deepened the wounds.

  In addition to the suffering of the 350 dead, there were over 800 people imprisoned for political reasons, and while many have since been released from prison, we purposefully say that they have been released rather than that they are free, because after their release, political persecution has not ended for them. Systematic harassment by police and para-police forces continues, and it becomes an obstacle to the enjoyment of many rights, including the right to work.

  For these people, the effects of the economic crisis that the country is currently experiencing are compounded by the difficulties brought about by political persecution. They often cannot leave their home because there is a patrol outside, or they go out and they are followed, and then those who follow them learn the names of their employers and start to harass them as well.

  Persecution happens at the local, neighbourhood level. The ruling party, the Sandinista National Liberation Front, has established various structures that are used to maintain territorial control through surveillance and repression: Councils of Citizen Power, Family Cabinets and Sandinista Leadership Committees. If you are an opponent or a human rights defender, there will always be a neighbour of yours who is involved in one of these structures and informs the regime and the police of what you are doing, and then you start to be persecuted and harassed, and maybe at some point you get arbitrarily arrested.

  Harassment and hypervigilance cause psychological damage not only to the persecuted individual but also to their family. This has had an impact on the increase in emigration, which is a dual phenomenon, caused by both political persecution and social need. Since 2018, 120,000 people have left Nicaragua, a huge number for a country of just six million.

  The 2021 presidential election openly exposed the regime’s lack of legitimacy. On what basis does the government stand?

  In the run-up to the 2021 election, persecution was only exacerbated. In order to carry out the electoral farce of November, the government imprisoned 10 presidential pre-candidates and many people with a key role in the electoral process and in the formation of alternatives. This sent a very clear message, as a result of which there is still a lot of self-censorship.

  Daniel Ortega has continued to concentrate and consolidate his power. We are currently living under a regime that has become totalitarian, where all freedoms are totally restricted. This is the only way the government can sustain itself, because it has no legitimacy. That is why repression and social control continue to increase rather than decrease. In the absence of such levels of repression and social control, the very high level of popular rejection of the regime would make it impossible for it to maintain political control.

  As a result, repression, territorial control, neighbourhood repression, the criminalisation of protest and social dissent, and the closing of spaces for the exercise of the freedom of expression and media freedoms can be expected to continue.

  Now a combination of laws has been passed that includes a Cybercrime Law. And we have already seen the first political prisoner convicted under this law, which does nothing other than criminalise the freedom of opinion.

  What the government is looking for with political prisoners is to use them as hostages. Among the people arrested recently are presidential candidates, businesspeople, bankers, lawyers, activists and human rights defenders. The government is trying to negotiate their release to gain legitimacy and international approval.

  The truth is that the government has no international support. The only foreign leaders who attended the presidential inauguration were Cuba’s Miguel Díaz-Canel, Venezuela’s Nicolás Maduro and outgoing Honduran president Juan Orlando Hernández.

  How can the international community support Nicaraguan civil society in its struggle for the recovery of democracy and human rights?

  We need to amplify denunciations of violations and sharpen accountability mechanisms. Civil society in Nicaragua has made a tremendous effort not only to document human rights violations but also to identify their perpetrators. Given that the justice system in Nicaragua has collapsed, and that civil society is doing everything within its power, the onus is on the international community to push for accountability and punishment of those responsible.

  Daniel Ortega’s regime is no longer a political project but an economic enterprise. Its control of the state allows Ortega to use corruption networks to his advantage. In the light of this, the international community should fine-tune its mechanisms, review economic sanctions and identify the companies that continue to do business, not always entirely legally, with the Ortega regime. Since many association agreements have democratic and anti-corruption clauses, they need to be made operational. Personal sanctions must also be imposed on the architects of corruption and repression.

  What kind of pressure should be exerted to get María Esperanza Sanchez released?

  María Esperanza was sentenced to 10 years in prison. Everything that has happened to her and to the rest of the political prisoners is completely arbitrary; that is precisely why we consider them to be political prisoners. What we demand is the unconditional and guaranteed release of them all.

  What happens to them will depend to a large extent on the strength with which the opposition and the international community manage to exert pressure, and on the correlation of forces that is established between the Nicaraguan government and the human rights movement.

  We must campaign and keep up the pressure. We must continue to put our finger on all the arbitrariness, illegalities and human rights violations. There are still people in Europe and other parts of the world who think Ortega is the idealistic revolutionary of the past, and not the despot he has become. The best way to expose dictators and human rights abusers is to keep communicating the truth on the basis of well-documented evidence.

  Civic space in Nicaragua is rated ‘closed’ by theCIVICUS Monitor. Nicaragua is currently on theCIVICUS Monitor Watch List, which identifies countries in which a severe and abrupt deterioration in the quality of civic space is taking place.
  Get in touch with IM-Defensoras through itswebsite orFacebook page, and follow@IM_Defensoras on Twitter.

• NICARAGUA: ‘The regime seeks to annihilate all forms of autonomous citizen organisation’

  CIVICUS speaks with María Teresa Blandón, a Nicaraguan human rights defender and director of Feminist Programme La Corriente, a civil society organisation (CSO) whose legal status was recently cancelled by the authoritarian regime led by President Daniel Ortega and Vice President Rosario Murillo.

  

  What is the reason for the current wave of intensified in repression in Nicaragua?

  Repression increased on the eve of the fraudulent 2021 elections, when the state specifically targeted the leaders of the main opposition groups who had been building alliances to participate in the elections, because even though they knew that conditions were extremely adverse, they insisted that this was the way out of the crisis.

  From January 2022 onwards, the Ortega-Murillo regime further escalated its offensive, possibly due to a failure in its political calculations: it had thought that once the electoral fraud had been consummated and the opposition was thrown in jail, the opposition would abdicate its role and the regime would obtain the endorsement of the international community.

  But neither of these things happened: the opposition did not resign itself and there was no international support; on the contrary, the regime’s isolation only deepened. The Nicaraguan opposition continued to constantly denounce the establishment of a de facto police state and to call for the regime’s exit through civic means. The CSOs that managed to remain in the country continued to denounce systematic human rights violations and repression, hence the approval of new laws to strip them of their legal status and assets.

  Faced with a lack of legitimacy, the Ortega-Murillo regime has deepened its strategy of annihilating any form of citizen organisation that is not subordinate to its interests. To date, more than 1,600 CSOs have been eliminated by the National Assembly and in many cases their assets have been confiscated through the application of laws that openly violate our country’s constitution, which recognises the right to free association and expressly prohibits confiscation.

  Until very recently, the power to cancel an organisation’s legal personality was in the hands of the National Assembly, but a new law assigned it to the Ministry of the Interior, which now has the absolute power to decide who has the right to associate and who does not. The procedure has been expedited and there is no recourse to appeal, which clearly speaks of the situation of defencelessness Nicaraguan civil society finds itself in.

  The judiciary has remained silent in the face of the unconstitutionality appeals filed in 2021, following the approval of the Law on Foreign Agents, which obliges CSOs that receive funds from international cooperation sources to report their activities at a level of detail that makes it practically impossible for them to operate.

  This way, the regime eliminates all forms of autonomous participation, leaves activists and human rights defenders in a more precarious situation, and obtains the resources it needs to feed the clientelist practices that are its trademark.

  One of the problems faced by the regime is precisely its lack of resources to sustain the community development projects carried out by many of the eliminated CSOs. It can no longer count on support from Venezuela, nor can it continue to expand the family businesses that the Ortega-Murillo clan has built while in power. Many of these companies have been sanctioned, including the one that monopolises the fuel business, which has forced them to carry out various manoeuvres to keep them active.

  What work does your organisation do?

  Feminist Programme La Corriente has existed for almost 30 years and was born with the aim of contributing to generating critical thought and encouraging new forms of participation by women in Central America. Over the last 15 years we have expanded our work with young people and sexual and gender dissident collectives.

  Throughout our journey, we have contributed to challenging heterosexism, misogyny and macho violence and built vital networks for the defence of rights. We have prioritised issues related to the prevention of violence, voluntary motherhood, women’s right to decide about their bodies and respect for sexual and gender diversity.

  Efforts to research the reality experienced by women, young people and dissident bodies have been key to the development of training and public communication programmes. For us it is of vital importance to strengthen collective action through social movements capable of thinking and acting on the changes required by Nicaraguan society. We are also part of Central American and Latin American networks and alliances, from where we contribute to advocacy processes with governments and global institutions.

  Precisely because we generate critical thought and defend rights, in May this year the National Assembly cancelled our legal status and in early July the police took over our facilities.

   

  On what grounds was the organisation ordered to shut down?

  Generally speaking, the arguments put forward by the Sandinista deputies who control parliament include an unfounded accusation that CSOs are potential money launderers because they receive funding from foreign sources, deliberately ignoring the fact that these sources are linked to governments and duly established cooperation agencies.

  They also cite alleged bureaucratic infractions such as the expiry of the term of the board of directors, failure to update statutes and refusal to provide information requested by the Ministry of the Interior. On the latter point, it is worth highlighting the abusive ministry’s intervention: in accordance with the new law, it requires CSOs to submit detailed information on each activity to be carried out and personal data of the people with whom they work.

  Such demands denaturalise the meaning of CSOs, turning them into an extension of the state, clear evidence of the totalitarian zeal of this regime. It is clearly an attempt to impose a model of absolute control that requires the dismantling of all forms of autonomous civil society participation.

  Likewise, by shutting down CSOs that work with low-income groups of the population, the regime is trying to regain control of what it thinks of as its social base, which it seeks to recover or retain by means of clientelist policies. This is why it has eliminated organisations that promote access to education for low-income children and young people, fulfil the needs of people with disabilities, promote access to land and other resources for rural and Indigenous women and provide sexual and reproductive health services and support for women who are victims of violence, among others. 

  CSOs that work in the field of citizen participation from a rights-based perspective and with a clear focus on the defence of democratic values have also been closed. They have been declared opponents of the regime and their representatives have been subjected to surveillance, threats, exile and imprisonment. It is also a kind of revenge for generating evidence that contradicts the official discourse and denouncing the systematic violation of rights by the Sandinista regime.

  Why has the regime specifically targeted feminist organisations?

  Hostility against Nicaraguan feminists dates back to the 1980s. The Sandinista National Liberation Front (FSLN), as a guerrilla force turned into party that came to power, never really reflected on the patriarchal logics of power, but simply replicated them unceremoniously.

  The feminists of my generation had to endure an authoritarian and abusive relationship with the Sandinista government, which at different times expressed discomfort with the existence of women’s organisations, because from their perspective this weakened the unity of revolutionary forces.

  They exercised their veto power to prevent women’s collectives from placing demands related to macho violence and sexual and reproductive rights on the public agenda. The leaders of these collectives were silenced and forced to take on the priorities set by the ruling party leadership.

  The watershed that marked the feminist movement’s definitive break with the FSLN occurred in the late 1990s, when Zoilamérica Narváez, daughter of Rosario Murillo, who is both Daniel Ortega’s wife and Vice President, denounced the abuses committed by her stepfather for more than 20 years. When feminists clearly stood on the victim’s side it meant a break with the FSLN leadership, which has since perceived us as enemies. Zoilamérica’s denunciation encouraged further accusations involving other members of the FSLN national leadership, including the late Tomás Borge.

  Additionally, during the 2005-2006 electoral campaign, part of the feminist movement participated in an electoral alliance of opposition parties that included the Sandinista Renovation Movement, now UNAMOS, which the FSLN considers traitors to the revolution for having demanded democratisation of the party and questioned Ortega’s authoritarian and strongman leadership.

  As he returned to power in 2007, it immediately became clear that Ortega’s strategy was to dismantle feminist networks, which by that point had increased their capacity to put forward ideas and influence Nicaraguan society. The stigmatisation campaign began with a speech by Murillo in which she accused feminists of trafficking in women’s suffering and of wanting to impose a way of life alien to Nicaraguan culture. That same year, the government began to pressure international aid agencies to suspend their support for feminist collectives, causing many of them to leave the country.

  Among the main strands of the Ortega-Murillo regime’s discourse was its supposed commitment to gender equality: they proclaimed as a key advance the achievement of gender parity in all branches of government. This idea was taken up by United Nations (UN) bodies and multilateral financial institutions, but feminists provided clear evidence confirming the persistence of inequalities and the absence of public policies to address women’s demands.

  The absolute criminalisation of abortion, the absence of policies to prevent and punish macho violence, including sexual abuse against girls and adolescents, which is prevalent in Nicaragua, the absence of sex education, the failure to comply with the law that established the creation of a fund to distribute land to rural women and the violation of the labour rights of workers in foreign factories are among the many problems that remain unresolved by a regime that dares to compare itself with the countries that have made the most progress in terms of gender equality in the world.

  What should donors, and the international community in general, do to help Nicaraguan civil society?

  In such turbulent times and with so many hotspots of tension in the world, it is hard to appeal for solidarity with Nicaraguan society, which continues to bet on civic and peaceful change to move away from this new dictatorship and lay the foundations for the country’s democratisation.

  However, we must continue to appeal to democratic governments, regardless of their ideology, so they do not look away from what is happening in Nicaragua and support our just demands for the immediate release of political prisoners, the suspension of the police state, an end to the persecution of CSOs and the Catholic Church and the full restoration of our rights.

  We call for a coherent position on the part of democratic governments, UN agencies, multilateral financial institutions, regional integration blocs and political party forums to avoid any action that could contribute to prolonging the stay of the Ortega-Murillo dictatorship in power.

  At this point it is inadmissible that they denounce the regime’s systematic human rights violations, including the commission of crimes against humanity, while at the same time voting in favour of granting loans to the very same regime, which in addition to increasing a debt that is already greater than the country’s GDP gives it greater room for manoeuvre to remain in power.

  Active support for human rights defenders, independent journalists and CSOs is vital to sustain hope for democratic change that does not impose further suffering on the Nicaraguan people.

  Civic space in Nicaragua is rated ‘closed’ by theCIVICUS Monitor.
  Get in touch with La Corriente through itswebsite or itsFacebook page, and follow@LaCorrienteNica on Twitter. 

• NIGERIA: ‘People experience gross rights violations because of their sexual orientation or gender identity’

  CIVICUS speaks about the situation of LGBTQI+ rights in Nigeria and the ongoing impacts of the British colonial legacy with Olaide Kayode Timileyin, executive director of Queercity Media and Productions.

  Queercity Media is a civil society organisation (CSO) that promotes the rights of LGBTQI+ people in West Africa through advocacy and communications.

  What is the current situation of LGBTQI+ people in Nigeria?

  Nigerian LGBTQI+ people are marginalised. They experience gross violations of their rights because of their sexual orientation or gender identity, including extortion perpetrated by state actors such as the police and military as well as non-state forces such as local boys, landlords and bosses. Other violations include blackmail, mob attacks, assault and battery.

  It is very traumatic to live in an environment that discriminates against you and puts your life in danger. Homophobia is a huge problem. It is disheartening to see cisgender heterosexual people threaten the lives of LGBTQI+ people.

  Does Nigerian legislation discriminate against LGBTQI+ people?

  Yes, Nigerian laws discriminate against LGBTQI+ people. Two major laws criminalise LGBTQI+ people: the Criminal Code Act and the 2013 Same Sex Marriage (Prohibition) Act. Under these laws LGBTQI+ people are not allowed to get married or carry out their advocacy activities. In addition, their way of life is not considered to be normal because it goes against social norms. As a result of these laws, members of our communities are arrested and their rights systematically violated by the police.

  A few states, such as Lagos, also have local laws that criminalise LGBTQI+ people. In the past year Queercity Media has recorded two murders of LGBTQI+ people that were clearly linked to homophobia. In response to these we have held a nationwide digital campaign, with over a hundred people signing our petition on one of the cases.

  It is very unfortunate that we have not seen any form of government response in these cases, or any other hate crime committed on the basis of sexual orientation or gender identity. Instead, rights violations against the Nigerian LGBTQI+ community have only increased. For example, a recently proposed cross-dressers bill further targets and aids the targeting of queer people.

  It is clearly necessary to work on the integration and reintegration of LGBTQI+ people as active members of Nigerian society. Criminalisation not only cripples the socio-economical capacity of this population but also disempowers LGBTQI+ people from active participation in nation-building.

  What does Queercity Media do, and what kind of backlash have you faced?

  We are a community-based media organisation whose four cardinal points are productions, events, campaigns and archiving. These represent our strategic departments, namely Queercity Productions, GLOW UP Pride, Queercity Campaigns and The Nigerian LGBT+ Museum of Arts.

  As well as the rights violations that some of our staff, myself included, have experienced at the hands of the Nigerian police because of our work, the comments section of our Facebook page can sometimes be quite scary. This is one of our main ways of being in direct contact with everyday Nigerians, and it is mostly filled with negative comments or aggressive arguments among strangers.

  Sometimes we learn from these reactions to better design our campaign language and approach. However, funding is a major problem for us and many LGBTQI+ organisations in West Africa, as no one seems to be interested in LGBTQI+ people, organisations or businesses, so we are often self-funded. Lack of access to proper funding also massively limits the reach we have compared to mainstream media organisations.

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

  Sadly, partnerships across Commonwealth countries on LGBTQI+ rights and movement-building is slow, and I do not know the reason for this. But I believe if we could find organisations doing the same work we are doing in other Commonwealth countries, it should be easy to create networks and partnerships to foster each organisation’s strategic goals in their home countries.

  The international community and international civil society could help by recognising the socio-political nuances of working with local LGBTQI+ organisations and the need to be more flexible with their partnership and funding approach. That way, the advocacy work of organisations and activists living in contexts of restricted civic space will be enhanced and they will be able to better promote the rights of LGBTQI+ people.

  Civic space in Nigeria is rated ‘repressed’ by theCIVICUS Monitor.
  Get in touch with Queercity Media and Productions through itswebsite orFacebook andInstagram pages, and follow@PrideInLagos on Twitter. 

• Open letter: Stop reprisals against Mongolian human rights defender Sukhgerel Dugersuren

  CIVICUS and over 120 civil society organisations have signed a joint letter to urge the authorities in Mongolia to stop reprisals against human rights defender Sukhgerel Dugersuren and to ensure that environmental defenders, and communities impacted by development projects, can freely and safely defend human rights and protect the environment without fearing reprisals.

• PAKISTAN: ‘They put a black hood over my face and took me to the airport’

  CIVICUS speaks with Syed Fawad Ali Shah, a writer and journalist from Pakistan, about the situation of journalists in his country and his experience of persecution, exile and deportation.

  In retaliation for his reporting on terrorism, crime, drugs, corruption and human rights, in 2011 Syed was kidnapped and tortured by Pakistani intelligence officers, forcing him to seek asylum in Malaysia. He remained there until August 2022, when he was deported back to Pakistan, allegedly because the Pakistani authorities falsely identified him as a police officer subjected to disciplinary proceedings.

  What is the situation for journalists in Pakistan?

  It is too easy to kill, kidnap or torture journalists in Pakistan. Many Pakistani journalists have sacrificed a lot for press freedom, which the Pakistani government has strangled. Journalists working for most newspapers and TV channels in Pakistan have not received their salaries for several months because critical newspapers do not receive government advertising, putting pressure on journalists.

  Why did you flee Pakistan in 2011?

  In 2011, I was kidnapped in Islamabad by the Pakistan Inter-Services Intelligence (ISI), precisely for raising my voice for the freedom of people forcibly disappeared by the ISI. I was also exposing corruption in the police and bureaucracy and reporting on terrorism and the Taliban.

  The ISI kept me in a secret, black hole-type jail for three months and 18 days. They released me on the condition that I quit journalism, leave the country, or work as a spy for them. I told them I would quit journalism, but it was impossible for me to leave the country or spy for the ISI.

  To save my life, I kept my word. The ISI freed me in April. In June, I was wounded in a bomb blast in Peshawar. After my name was published in a local newspaper, the ISI called me threateningly, accusing me of starting journalism again. I told them that I had not; I just happened to be there. In August, I reluctantly left my country. I travelled to Thailand and a few days later I arrived in Malaysia, where I was granted refugee status.

  What was your experience as a refugee?

  As a refugee registered with the United Nations Refugee Agency (UNHCR), I experienced many hardships. UNHCR cardholders are sometimes arrested in Malaysia, so I lived in fear of being deported back to Pakistan. During my 13 years in Malaysia, I moved from place to place to avoid arrest. I wrote for various newspapers and websites, reporting mostly on refugee issues and immigration policies.

  In 2016, UNHCR Malaysia referred my resettlement case to the United States Refugee Admissions Program through the International Rescue Committee (IRC). However, the US Department of Homeland Security (DHS) refused to resettle me in the USA due to alleged security issues. They gave me a series of reasons I could not be admitted as a refugee in the USA. I applied for reconsideration in 2016 but did not hear back from the DHS until June 2022.

  From 2016 to 2022, I waited for a response from the US government that never came. I finally asked the IRC to send my case file back to UNHCR Malaysia, which they did. I wrote hundreds of times to UNHCR Malaysia requesting resettlement in a safe country but got no response, although I sent them copies of the threats I received from the Pakistani government, the police report and the letter written to Interpol for my arrest. Other who became refugees after me were resettled by UNHCR, but I was stuck there. Pakistani intelligence officers stationed at the Pakistani High Commission in Kuala Lumpur often spied on me.

  How did your arrest and deportation happen?

  On 23 August 2022, at 9pm, I was abducted by Malaysian immigration officials in a joint operation with the Pakistani ISI in the Bangsar area of Kuala Lumpur. They took me to the Immigration Headquarters in Putrajaya, where they locked me up in the basement. On 25 August they put a black hood over my face and took me to the airport. Before taking me to the airport, they gave me a drug, saying it was for COVID-19, after which I fell unconscious. At the airport they removed the black hood and put me on a Pakistan International Airlines flight to Islamabad, with two ISI officers at either side. More than 30 people from Malaysian Immigration and the Pakistani diplomatic mission saw me off at the airport.

  When I arrived, the ISI sent me to an unknown prison in Islamabad without entering my data in the Federal Investigation Agency’s immigration system. I was detained for six months, during which time the Pakistani government did not acknowledge I was in Pakistan. But in March 2023, Malaysia’s Home Affairs minister finally acknowledged I had been deported and this was reported by international media.

  The authorities couldn’t hide me for longer and eventually handed me over to the Federal Investigation Agency’s (FIA) cybercrime wing, who slapped me with two fake charges under the Prevention of Electronic Crimes Act, 2016. After I received temporary bail, the judge was pressured by FIA’s cybercrime wing to fabricate further cases against me, so I am constantly afraid that the court will send me to jail. The ISI often oversteps its authority and kidnaps and disappears innocent people, which has led to thousands of cases pending in the Supreme Court of Pakistan without any result.

  What are your requests to the international community?

  I urge organisations working for the rights of refugees and journalists around the world, as well as the heads of all states that have signed the 1951 Refugee Convention, to provide me with protection and immediately relocate me to a safe country under special circumstances.

  I also urge the leaders of democratic states to put pressure on the Pakistani government regarding my situation and to provide me with a way to leave the country safely, as was done for Asia Bibi, who was resettled in France in 2020.

  Due to pressure from Pakistani security agencies, my passport has been blocked for 10 years, and my name has been added to the Integrated Border Management System of Immigration, forcing me to change location every day. I am unable to sleep due to fear. Every time there is a knock at the door I panic. My heart beats fast all the time and I have fallen ill many times.

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  Civic space inPakistan is rated ‘repressed’by theCIVICUS Monitor.

  Follow@SyedFawadAli303 on Twitter.

• SÉNÉGAL : « La situation devient plus tendue au fur et mesure qu’on s’approche des élections de 2024 »

  CIVICUS échange sur la dégradation de l’espace civique à l’approche des élections sénégalaises de l'année prochaine avec Sadikh Niass, Secrétaire Général de laRencontre Africaine pour la Défense des Droits de l’Homme(RADDHO), etIba Sarr, Directeur des Programmes de la RADDHO.

  La RADDHO est une organisation de la société civile (OSC) nationale basée à Dakar, Sénégal. Elle travaille pour la protection et la promotion des droits humains au niveau national, régional et international par le biais de la recherche, de l’analyse et du plaidoyer afin de fournir des alertes d’urgence et de prévenir les conflits.

  Quelles sont les conditions pour la société civile au Sénégal ?

  La société civile sénégalaise reste très active mais est confrontée à plusieurs difficultés liées à la restriction de l’espace civique. Elle subit beaucoup d’attaques verbales de la part de certaines lobbies proches du pouvoir qui les considèrent comme des opposants ou faisant la promotion de « contre valeurs » comme l’homosexualité. Elle est aussi confrontée aux restrictions de libertés de manifestations. La société civile travaille dans des conditions difficiles avec peu de moyens financiers et matériels. En effet les organisations de défense des droits humains ne reçoivent aucun soutien financier de l’Etat.

  La situation devient plus tendue au fur et mesure qu’on s’approche des élections de février 2024. Depuis mars 2021, l’opposition la plus radicale et le gouvernement ont tous opté pour la confrontation. Le gouvernement tente d’affaiblir l’opposition en la réduisant au minimum. Il s’attaque particulièrement à l’opposition la plus dynamique, la coalition Yewi Askan Wi (« Libérer le peuple »), dont le principal leader, Ousmane Sonko, est aujourd’hui en détention.

  Toutes les manifestations de l’opposition sont systématiquement interdites. Les manifestations spontanées sont violemment réprimées et se soldent par des arrestations. Le judiciaire est instrumentalisé pour empêcher la candidature du principal opposant au régime, Sonko, et les principaux dirigeants de son parti sont arrêtés.

  Nous avons également assisté ces dernières années à une recrudescence des menaces verbales, physiques et judiciaires envers les journalistes, ce qui constitue un vrai recul du droit à l’information.

  Quels seront les enjeux de l’élection présidentielle de 2024 ?

  Avec la découverte du pétrole et du gaz, le Sénégal devient une destination attrayante pour les investisseurs. La gestion transparente de ces ressources reste un défi dans un contexte marqué par la recrudescence des actes terroristes. Les populations confrontées à la pauvreté voient en cette découverte un moyen d’améliorer leur niveau de vie. Avec la percée de l’opposition lors des élections locales et législatives de 2022 on sent que l’électorat exprime de plus en plus fortement son désir de transparence, de justice et d’amélioration des conditions socio-économiques.

  Le 3 juillet 2023 le président sortant a déclaré qu’il ne participera pas aux prochaines élections. Cette déclaration pourrait constituer une lueur d’espoir d’une élection libre et transparente. Mais le fait que l’État soit tenté d’empêcher certains ténors de l’opposition d’y prendre part constitue un grand risque de voir le pays sombrer dans des turbulences.

  La société civile reste alerte et veille à ce que l’élection de 2024 soit une élection inclusive, libre et transparente. A cet effet elle a beaucoup multiplié des actions en faveur du dialogue entre les acteurs politiques. Également les OSC s’activent à travers plusieurs plateformes pour accompagner les autorités dans l’organisation des élections apaisées par la supervision du processus avant, pendant et après le scrutin.

  Qu’est-ce qui a déclenché les récentes manifestations ? Quelles sont les revendications des manifestants et comment le gouvernement a-t-il réagi ?

  Les récentes manifestations ont été déclenchées par la condamnation de Sonko à deux ans de prison le 1er juin 2023. Ce jour-là, un tribunal s’est prononcé sur l’affaire dite « Sweet Beauty », dans laquelle une jeune femme employée dans un salon de massage accusait Sonko de l’avoir violée et d’avoir proféré des menaces de mort à son encontre. Sonko a été acquitté des menaces de mort, mais les accusations de viol ont été requalifiées en accusations de « corruption de la jeunesse ».

  Est venu se greffer à cette condamnation l’arrestation de Sonko le 31 juillet 2023 et la dissolution de son parti politique, le PASTEF (Patriotes africains du Sénégal pour le travail, l’éthique et la fraternité).

  Les manifestations sont animées par le sentiment que leur leader fait l’objet de persécutions et que les affaires pour lesquelles il a été condamné ne servent qu’à l’empêcher de participer aux prochaines élections. La principale revendication des manifestant est la libération de leur leader et des personnes illégalement détenus.

  Face aux manifestations le gouvernement a opté pour la répression. En effet les autorités considèrent qu’elles font face à des actes de défiance de l’Etat et ont appelé les forces de sécurité à faire usage de la force.

  La répression s’est soldée par la mort de plus de 30 personnes et de plus 600 blessés depuis mars 2021, quand les premières repressions ont commencé. En plus de ces pertes en vies humaines et de blessés on dénombre aujourd’hui plus de 700 personnes arrêtées et croupissent dans les prisons du Sénégal. Nous avons aussi noté l’arrestation de journalistes mais aussi de coupure de signal de chaines de télévisions et de restriction de certaines d’internet.

  Comment la société civile sénégalaise, y compris la RADDHO, travaille-t-elle à la défense des droits humains ?

  La RADDHO travaille au niveau national en aidant les victimes de violations de droits humains, et mène des activités de sensibilisation, d’éducation aux droits humains et de renforcement de capacités.

  La RADDHO collabore avec les mécanismes régionaux et internationaux, notamment la Commission africaine des Droits de l’Homme et des Peuples, le Comité Africain des Experts sur les Droits et le Bien-être de l’Enfant, la Cour Africaine des Droits de l’Homme et des Peuples et le Conseil des Droits de l’Homme des Nations Unies. A cet effet elle mène plusieurs activités de vulgarisations des Instruments juridiques de protection et de promotion des droits humains. En tant que membre observateur de la Commission Africaine des Droits de l’Homme et des Peuples, elle participe régulièrement aux forums de la société civile lors des sessions de celle-ci. Également la RADDHO coordonne la coalition des OSC pour le suivi et la mise en œuvre des recommandations de l’Examen Périodique Universel des Nations unies pour le Sénégal.

  Quel soutien international la société civile sénégalaise reçoit-elle et de quel soutien supplémentaire aurait-elle besoin ?

  Dans le cadre de leurs missions, les OSC sénégalaise reçoivent des appuis de la part d’institutions internationales telles que l’Union Européenne, les agences de coopération bilatérale des États-Unis et de la Suède, USAID et SIDA, et des organisations et fondations tels qu’Oxfam NOVIB des Pays Bays, le NED des États-Unis, la NID de l’Inde et la Fondation Ford, entre autres. Cependant, du fait que le Sénégal a longtemps été considéré comme un pays stable, l’appui reste insuffisant.

  Compte tenu des restrictions de l’espace civique constatées depuis quelques années et de la crise politique, la société civile a besoin d’être soutenue pour mieux assister les victimes de violations de droits humains, pour contribuer à l’avènement d’une véritable culture des droits humains, et pour travailler à l’élargissement de l’espace civique et le renforcement de l’Etat de droit, de la démocratie et de la bonne gouvernance.

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  L’espace civique au Sénégal est classé « entravé » par leCIVICUS Monitor.

  Contactez la RADDHOsur sonsite web ou sa pageFacebook, et suivez@Raddho_Africa sur Twitter.

• SENEGAL: ‘The situation is becoming more tense as we approach the 2024 elections’

  CIVICUS speaks about the deterioration of civic space in the run-up to next year’s elections in Senegal with Sadikh Niass, Secretary General of the African Meeting for the Defence of Human Rights (Rencontre Africaine pour la Défense des Droits de l’Homme,RADDHO), andIba Sarr, Director of Programmes at RADDHO.

  RADDHO is a national civil society organisation (CSO) based in Dakar, Senegal. It works for the protection and promotion of human rights at the national, regional and international levels through research, analysis and advocacy aimed at providing early warning and preventing conflict.

  What are the conditions for civil society in Senegal?

  Senegalese civil society remains very active but faces a number of difficulties linked to the restriction of civic space. It is subjected to many verbal attacks by lobbies close to the government, which consider them to be opponents or promoters of ‘counter-values’ such as homosexuality. It is also confronted with restrictions on freedom of assembly. Civil society works in difficult conditions with few financial and material resources. Human rights organisations receive no financial support from the state.

  The situation is becoming more tense as we approach the February 2024 elections. Since March 2021, the most radical opposition and the government have opted for confrontation. The government is trying to weaken the opposition by reducing it to a minimum. It is particularly targeting the most dynamic opposition group, the Yewi Askan Wi (‘Liberate the People’) coalition, whose main leader, Ousmane Sonko, is currently in detention.

  All opposition demonstrations are systematically banned. Spontaneous demonstrations are violently repressed and result in arrests. The judiciary was instrumentalised to prevent the candidacy of the main opponent to the regime, Sonko, and the main leaders of his party have been arrested.

  In recent years, we have also seen an upsurge in verbal, physical and legal threats against journalists, which is a real setback for the right to freedom of information.

  What will be at stake in the 2024 presidential election?

  With the discovery of oil and gas, Senegal is becoming an attractive destination for investors. Transparent management of these resources remains a challenge in a context marked by an upsurge in terrorist acts. Poverty-stricken populations see this discovery as a means of improving their standard of living. With the breakthrough of the opposition in the 2022 local and legislative elections, we sense that the electorate is increasingly expressing its desire for transparency, justice and improved socio-economic conditions.

  On 3 July 2023, the incumbent president declared that he would not compete in the next elections. This declaration could offer a glimmer of hope for a free and transparent election. But the fact that the state is being tempted to prevent leading opposition figures from running poses a major risk of the country descending into turbulence.

  Civil society remains alert and is working to ensure that the 2024 elections are inclusive, free and transparent. To this end, it has stepped up its efforts to promote dialogue among political players. CSOs are also working through several platforms to support the authorities in organising peaceful elections by monitoring the process before, during and after the poll.

  What triggered the recent demonstrations? What are the protesters’ demands and how has the government responded?

  The recent protests were triggered by Sonko’s sentencing to two years in prison on 1 June 2023. On that day, a court ruled on the so-called ‘Sweet Beauty’ case, in which a young woman working in a massage parlour accused Sonko of raping her and making death threats against her. Sonko was acquitted of the death threats, but the rape charges were reclassified as ‘corruption of youth’.

  This conviction was compounded by Sonko’s arrest on 31 July 2023 and the dissolution of his political party, PASTEF – short for ‘Senegalese African patriots for work, ethics and fraternity’ in French.

  Protesters are driven by the feeling that their leader is being persecuted and that the cases for which he has been convicted only serve to prevent him taking part in the forthcoming elections. Their main demand is the release of their leader and those illegally detained.

  Faced with these demonstrations, the government has opted for repression. The authorities consider that they are facing acts of defiance towards the state and have called on the security forces to use force.

  Repression has resulted in the deaths of more than 30 people and more than 600 injured since March 2021, when the repression first began. In addition to the loss of life and injuries, more than 700 people have been arrested and are languishing in Senegal’s prisons. We have also noted the arrest of journalists, as well as the interruption of television signals and the restriction of some internet services.

  How is Senegalese civil society, including RADDHO, working to defend human rights?

  RADDHO works at the national level to help victims of human rights violations and carries out awareness-raising, human rights education and capacity-building activities.

  RADDHO collaborates with regional and international mechanisms, notably the African Commission on Human and Peoples’ Rights, the African Committee of Experts on the Rights and Welfare of the Child, the African Court on Human and Peoples’ Rights and the United Nations Human Rights Council. To this end, we carry out a number of activities to raise awareness of legal instruments for the protection and promotion of human rights. As an observer member of the African Commission on Human and Peoples’ Rights, we regularly participate in civil society forums during the Commission’s sessions. RADDHO also coordinates the CSO coalition for the follow-up and implementation of the recommendations of the United Nations Universal Periodic Review for Senegal.

  What international support is Senegalese civil society receiving and what additional support would it need?

  To fulfil their missions, Senegalese CSOs receive support from international institutions such as the European Union, the bilateral cooperation agencies of the USA and Sweden, USAID and SIDA, and organisations and foundations such as Oxfam NOVIB in the Netherlands, NED in the United States, NID in India and the Ford Foundation, among others. However, because Senegal has long been considered a stable country, support remains insufficient.

  Given the growing restrictions on civic space of recent years and the political crisis, civil society needs support to better assist victims of human rights violations, to contribute to the emergence of a genuine human rights culture and to work towards widening civic space and strengthening the rule of law, democracy and good governance.

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

  Get in touch with RADDHOthrough itswebsite orFacebook page, and follow@Raddho_Africa on Twitter.

• SRI LANKA: ‘They arrest us to stop us, silence us and instil fear in others’

  CIVICUS speaks with Hejaaz Hizbullah, a human rights defender who waskept in detention for 22 months under Sri Lanka’s Prevention of Terrorism Act (PTA).

  Based in Colombo, Sri Lanka’s capital, Hejaaz is an attorney and a minority rights advocate who fights hate speech against the Muslim community. He began his career at the Attorney General’s Department and started his own law practice in 2012. He has litigated in several important cases before the Supreme Court and is among the lawyers who challenged the dissolution of parliament in 2018.

  

  What kind of work were you doing when you were arrested and why do you think you were targeted?

  In 2012 a hard-line Buddhist group emerged in Sri Lanka calling itself ‘Bodhu Bala Sena’, or Buddhist Force. The group began a nationwide campaign against Muslims that was based on lies, Islamophobia and hate speech. They sought to stir up Sinhala Buddhists, Sri Lanka’s majority, against the Muslim minority. Similar groups soon proliferated. As a result, there were incidents of violence against Muslims all over Sri Lanka. Muslim girls got their hijabs ripped off, Muslim businesses were attacked and torched, and Muslims were harassed everywhere.

  I began my human rights work in response to these very extraordinary circumstances. With two colleagues I launched an anti-hate hotline, a telephone helpline to assist victims of hate speech and hate crimes. We helped people protect themselves and assert themselves against racism and hate by using the tools provided in the law. We also monitored these incidents and prepared reports to bring the situation to the attention of the government.

  This work led to me appearing in cases involving human rights and constitutional law issues. One of the earliest cases I appeared in was the case of a Muslim schoolgirl who wanted to go to school in a uniform approved by the Ministry of Education that also respected her cultural and religious norms, which school authorities objected to. The case concluded with the Attorney General upholding the student’s right to wear an approved uniform of her choice that met her cultural and religious norms.

  In 2018 the then-president dissolved parliament, sacked the prime minister and appointed another one, and called for general elections. This was challenged by political parties and by a member of the Sri Lankan Elections Commission, whom I successfully represented before the Supreme Court.

  This was the kind of work I was doing when I was arrested, and there are various theories regarding why I was targeted. My arrest may have been part of an attempt to scapegoat selected Muslims who were critical of the government’s treatment of Muslims and blame them for the Easter Sunday bombings, a series of coordinated Islamist terrorist suicide bombings in April 2019. They tried to silence us personally and as a community. In that sense, my arrest is no different from so many arrests of lawyers all over the world. They arrest us to stop us, silence us and instil fear in others.

  How were you treated while in detention?

  During the first 10 months I was a detainee, so I was under police custody; then I was produced before a judge and I became a remand prisoner. For the following year I was in the custody of the Prisons Department, and my experience was radically different.

  As a detainee you are in the custody of those who are trying to frame you and fix you for an offence you did not commit. For 24 hours, seven days a week, you are exposed to your tormentors and under their control – for everything, including food, sleep and family and lawyer visits. Remand prison was different because the guards just knew I was a special case but beyond that they did not care much about me.

  As a detainee I was locked up 24 hours a day: the cell was opened only to let me use the toilet or go for questioning. In remand prison we spent around six hours a day outside in the yard, which was good. However, both places degrade you and seek to destroy you mentally and psychologically. I am happy that I survived without too many scars; many are not that lucky.

  Were you aware of the international solidarity around your case and how does it feel to be out on bail?

  As a detainee I knew very little, just what my wife would tell me when I met her on Saturdays for around 15 minutes. It was only after I was remanded that I learnt more about the support I was receiving from the international community. This gave me real hope and made me even more determined to fight back, so it was incredibly helpful. I am grateful for the support I received and for the international and local pressure that forced the Attorney General to agree to release me on bail.

  Being free is like being born again. I am slowly trying to rebuild my life. My imprisonment had deep effects on the lives of my family: everybody’s life was on pause for almost two years. But being on bail is not easy: I am always looking behind my shoulder and concerned about the progress of my case.

  What are your thoughts on the use of the PTA law?

  In its judgment on my case, the Court of Appeal described the PTA as a ‘draconian law’ leading to a cycle of abuse. That is precisely what it is. The PTA puts detainees into a legal blackhole from which they find it almost impossible to get out. I am a lawyer and had lots of legal backing, support and attention, and still found it tough. Many others don’t have a fighting chance.

  The government has recently made some amendments to the PTA, but they have not changed some of the worst aspects of the law, such as the use of confessions against those who are co-accused. Whilst amendments have been cosmetic, they have in fact opened a window for judges to intervene, and if they do, the situation of detainees may improve. I think the judiciary will grab this opportunity.

  What is the current state of civic freedoms in Sri Lanka?

  My answer to your question would have been different if not for what I am seeing today. It seems freedom is what we carve out for ourselves through courage. Desperate times have pushed people to desperate measures, and they have now overcome their fears and are fighting for their freedom. They are fighting in the legal space that has been created through years of jurisprudence. The theoretical space has now been occupied in real time and I feel is also being expanded. All good news! However, this is not due to any state intervention but due to the actions of people responding to the dire circumstances they find themselves in.

  How can international civil society and the international community support criminalised human rights defenders?

  When human rights activists are arrested, the state would like the whole world to forget them. They hope grand allegations and prolonged detentions will suffocate everyone’s will and resolve to fight. Civil society and the international community can help us by keeping us alive outside the prison walls: by asking the important questions and putting pressure on the government to justify its actions.

  Civic space inSri Lankais rated ‘repressed’ by theCIVICUS Monitor.
  Follow@hejaazh on Twitter 

• SRI LANKA: ‘We’ve held Pride celebrations since 2004; we’re very proud of what we have achieved’

  CIVICUS speaks about the status of LGBTQI+ rights and progress being made towards decriminalising homosexuality in Sri Lanka with Rosanna Flamer-Caldera, founder and Executive Director of EQUAL GROUND.

  Founded in 2004, EQUAL GROUND is the oldest LGBTQI+ civil society organisation (CSO) in Sri Lanka. It fights for the recognition and realisation of civil, political, economic, social and cultural rights and focuses on empowerment, wellbeing and access to health, education, housing and legal protection services for Sri Lanka’s LGBTQI+ people.

  How has the situation of LGBTQI+ rights in Sri Lanka recently changed?

  We still have laws inherited from British colonial times that date back to 1883. These are articles 365 and 365A of the Penal Code, which criminalise ‘carnal intercourse against the order of nature’ and ‘acts of gross indecency’. Both of these target LGBTQI+ people.

  Sri Lanka is among over 40 former British colonies that also criminalise same-sex sexual relationships between women. In 2018, I filed a complaint with the United Nations (UN) Committee for the Convention on the Elimination of All Forms of Discrimination against Women. In its decision, finally taken in February 2022, the Committee requested that the Sri Lankan government decriminalise homosexuality in general and between consenting same-sex women specifically.

  Soon after, in August 2022, a private member’s bill to decriminalise homosexuality was put forward in parliament. In February 2023, in response to Sri Lanka’s Universal Periodic Review at the UN Human Rights Council, where most LGBTQI+ organisations requested the repeal this legislation, the Sri Lankan Minister of Foreign Affairs said that Sri Lanka would follow this recommendation, while making clear it would not legalise same-sex marriage. We understand that’s a fight for another day.

  In the meantime, the bill reached the attorney general of Sri Lanka, who released an order that both articles of the Penal Code were to be repealed rather than amended, which made us very happy. But as soon as the bill started being discussed in parliament, a petition was filed claiming it was unconstitutional. There were more than 12 intervening petitions filed to counter this petition, and in response the Supreme Court issued a ground-breaking decision stating that the bill amending the Penal Code to decriminalise consensual same-sex behaviour does not violate the Constitution of Sri Lanka. The case specifically touched upon the concepts of human dignity and privacy underlying equal rights for all, because the preamble of our constitution recognises the value of dignity. The Supreme Court of India used a similar argument in a 2018 case on the right to equality, saying that ‘life without dignity is like a sound that is not heard. Dignity speaks, it has its sound, it is natural and human’.

  Now, the bill is up for a parliamentary vote, and all it needs to pass is a simple majority. While the government has said it will decriminalise homosexuality, there are still homophobes in the government. But we hope that the vote will turn out positively. 

  What role has civil society played in the case?

  EQUAL GROUND was among the organisations that submitted petitions in the case that was filed with the Supreme Court. Not only LGBTQI+ organisations, but many other CSOs and individuals also took part in the process. Petitions were also filed by a former UN Special Rapporteur on violence against women and by professors, lawyers, activists and people from all walks of life. The was a lot of positive media coverage, on top of civil society work to create awareness and take to the media to promote the issue.

  Of course, there has also been backlash, with some members of parliament attacking the bill and others reconsidering support following a recent Pride march that many thought was not appropriate to Sri Lankan culture due to partial nudity and problematic messaging.

  How would you describe relations between Sri Lanka’s LGBTQI+ people and state authorities?

  The police have played a huge role in subjugating LGBTQI+ people in Sri Lanka. Not coincidentally, the first event at Colombo Pride 2023 will be devoted to discussing the more than 200 human rights violations against LGBTQI+ people that have been recently recorded in Sri Lanka. In most cases the perpetrator has been linked to the police.

  In 2021, EQUAL GROUND filed a case against the police for hiring a motivational speaker who propagated among officers a narrative connecting child abuse and homosexuality. We won the case and the police have been forced to distribute instructions to all police stations alerting officers to be very mindful of their treatment of LGBTQI+ people, particularly transgender people. This has made it clear that asking for sexual favours, blackmailing LGBTQI+ people and stopping them on the streets with no probable cause is against the law.

  With the aim of protecting LGBTQI+ people from police brutality, we reopened the case, and the police have recently promised to the court that they will change the terminology to make it inclusive of all LGBTQI+ people. Our strategy was to engage only three LGBTQI+ people along with several heterosexual people, to show the court this was an issue for everyone and not just LGBTQI+ people. Doing it with straight support also showed that not everyone shared anti-LGBTQI+ prejudice. The fact that we filed these cases and got some form of commitment from the authorities was ground-breaking.

  Our upcoming Pride march has been sanctioned by the police. We sought their permission, and we’re proud to say that we have been the first organisation to officially get it. Right now, we have a very good Inspector General of Police, he’s easy to talk to, but there’re rumours he will be replaced in three months. I would say there are mixed elements in the current relations between LGBTQI+ people and the authorities.

  How does EQUAL GROUND advocate for LGBTQI+ rights?

  Our fight, even after decriminalisation is achieved, will continue to aim to integrate LGBTQI+ people into our society. This is the cause we have been working on for the last 19 years.

  We’ve held sensitising and educational programmes around the country. We’ve run a lot of social media and mainstream media campaigns, produced research backing our claims regarding the number of people who identify as LGBTQI+ in Sri Lanka and the kind of challenges they face, and have created self-help books for families and allies of LGBTQI+ people. We have an ongoing campaign that has been running for over a year called ‘Live with Love‘, targeted at people who are not haters but are rather neutral or in-between, and could be swayed either way.

  All that’s happened over the last 19 years has given rise to many other LGBTQI+ organisations in Sri Lanka that have become involved in advocacy and the struggle for non-discrimination and decriminalisation. When we established our organisation back in 2004, we were the only ones fighting for all LGBTQI+ people, and we remained alone in this journey for a very long time. Only after 2015 did other organisations and people start coming out and getting involved. Until then we lived under a dictatorship and it was difficult to be open, but we have held Pride celebrations since 2004. Our Pride celebrations are turning 19 this year, and so is EQUAL GROUND. We’re very proud of what we have achieved so far.

  What forms of international support are Sri Lanka’sLGBTQI+ organisations receiving, and what further support would you need?

  We are quite underfunded due to inflation and the ever-rising cost of living, so we aren’t sure that we can retain good staff considering the scale of wages we’re able to pay. We’ve also lost funding due to the fluctuating exchange rate. The state of the economy is one of our major issues, so funding is always welcome.

  EQUAL GROUND has been constantly involved in various networks internationally that have opened up avenues of funding and learning, including the International Lesbian, Gay, Bisexual, Trans and Intersex Association (ILGA) and ILGA Asia, Innovation for Change (I4C), and the Commonwealth Equality Network, a network of Commonwealth countries and their LGBTQI+ organisations.

  Civic space in Sri Lanka is rated ‘obstructed’ by theCIVICUS Monitor.

  Get in touch with EQUAL GROUND through itswebsite or itsFacebook page, and follow@EQUALGROUND_ on Twitter.

• SRI LANKA: ‘Without international solidarity and support, our democratic hopes will soon be gone’

  CIVICUS speaks about Sri Lanka’s protest movement and its repression with student activist Fathima Ashfa Razik. Fathima used to be a university student and a member of the University Students’ Federation of Sri Lanka. She has fled repression and is currently outside the country.

  

  What triggered the mass protests that erupted in Sri Lanka in March 2022?

  The protests were triggered by worsening economic conditions caused by negligence and improper management by the government and its leaders. In reaction to this, the university community acted together: students and lecturers from universities all over Sri Lanka organised to protest against the government.

  All we wanted was to chase away the Rajapaksa family – then-President Gotabaya Rajapaksa and his several family members who held ministerial positions in the government. They were engaged in looting the country and were becoming a ruling dynasty. We wanted to have them replaced with a new government that would rebuild the nation.

  Our protest grabbed public attention and many people joined us in the streets while many others supported us financially. People came together across the religious and racial lines that divided them. This is what made our protest successful. It was recorded as the biggest mass protest in the history of Sri Lanka.

  What did the protests accomplish?

  Our protest movement started in March and we marched continuously until, one by one, officials from the Rajapaksa family started to resign from their posts. In July the president announced his resignation and absconded to the Maldives and then Singapore, fearing for his life as his personal villa had been seized by protesters in the heat of the action.

  The day Gotabaya Rajapaksa left we all won as a nation. We were happy we were able to kick out the rulers that were ruining us.

  After the president resigned, power fell in the hands of Ranil Wickremesinghe, which wasn’t what we expected. We wanted a new, younger government that better reflected the hopes of our generation, and instead we got an old politician who had been active in the government for several decades. Wickremesinghe had been reappointed as prime minister by President Rajapaksa in May 2022 and replaced him when he resigned in July.

  How did the new government react towards the continuing protests?

  At first, the Wickremesinghe government appeared to be aligned with our democratic aspirations, but it soon became clear that this was a facade. Instead of responding to the demands put forward by the protests by focusing on revitalising the economy and rebuilding our institutions, the new government soon started to repress and criminalise protesters.

  Within a few weeks of the formation of the new government, President Wickremesinghe commanded the security forces to remove protesters from the area where we were protesting.

  And it didn’t stop there: after we were forced back home, the situation only worsened. Many protesters were arrested under the Terrorism Prevention Act (TPA), including the head of our organisation, Wasantha Mudalige, and were subjected to brutal harassment. Many were tortured under detention, and their family members also suffered repercussions and harsh treatment.

  Freedom of speech has been suppressed and the people of Sri Lanka have lost their right to live peacefully in their own country. And the underlying issues continue unabated: there has been no change and economic conditions continue to worsen by the day.

  What is the current situation?

  Repression has increased. Instead of doing their job properly and in accordance with the law, keeping order and protecting people, security forces have become a tool of repression at the service of corrupt politicians.

  Law-abiding citizens are not protected by the law: the law is being used against us. This is clear in the way the TPA is being used against protesters and civil society activists.

  The government is using this repressive law, and also acting against the law, to suppress the protest movement. Many students and other protesters have been arrested alongside Mudalige.

  Due to his high public profile and the international spotlight shining on him, Mudalige is somewhat protected: it would be politically costly to kill him. But unknown protesters are at much higher risk: they can easily become prey to our power-hungry government. Several instances have been recorded recently of missing students and unidentified bodies found floating in water, some with signs of having been tortured. Many more have received death threats, and many have fled.

  In the absence of international solidarity and support, there won’t be much of the protest movement left, and our democratic hopes will soon be gone.

  Civic space inSri Lanka is rated ‘repressed’by theCIVICUS Monitor.

• THAILAND: ‘People understood election monitoring was important to ensure checks and balances’

  CIVICUS speaks about the 14 Mayelection in Thailand with Yingcheep Atchanont, executive director ofInternet Law Reform Dialogue (iLaw).

  Founded in 2009, iLaw is a civil society organisation (CSO) that campaigns for democracy, freedom of expression and a fair and accountable justice system in Thailand. Alongside Amnesty International Thailand, in 2020 iLaw developed the websiteMob Data Thailand that compiles protest data and jointly with other groups it exposed the use ofPegasus spyware against prominent leaders of Thailand’s pro-democracy protests.

• THE GAMBIA: ‘Civil society works to ensure Jammeh and other perpetrators of human rights violations face justice’

  CIVICUS speaks about the prospects of The Gambia’s former dictator Yahya Jammeh being put on trial with Adama Jallow, National Coordinator of the Gambia Center for Victims of Human Rights Violations (Victim’s Center).

  Founded in 2017, the Victims Center is a civil society organisation (CSO) that seeks justice and reparations for victims of human rights violations under the dictatorship. It has successfully pressured the government to recognise the Truth, Reconciliation and Reparations Commission (TRRC).

  What are the main conclusions of the TRRC report?

  After consulting with victims of Yahya Jammeh’s inhumane treatment, the TRRC’s report concluded that Jammeh should be brought to justice and victims must receive help and support to recover from the atrocious experience they endured under the former dictator’s rule. The government has released a white paper in which it accepts the recommendations made by the TRRC. We believe this is huge, considering the amount of work civil society put into advocating for the establishment of the TRRC.

  The TRRC report is a sort of roadmap we can use so that justice can be served in The Gambia. Out of the 265 recommendations made by the TRRC, the government rejected only two, while marking the rest for implementation. Many atrocities were committed under Jammeh’s dictatorship and were highlighted by both perpetrators and victims before the TRRC. These include sexual and gender-based violence, torture, enforced disappearances and killings, arbitrary detention and crimes in which the victims were accused of witchcraft.

  The TRRC’s report states that The Gambia’s society and government institutions have a responsibility to prevent the reoccurrence of the crimes it documented. Its recommendations focus basically on the well-being of victims, who are expected to receive individual and collective reparations, and the prosecution of perpetrators. 

  We initially did not think the government would agree to implementing the TRRC’s recommendations. It came as a shock to us when the government agreed to it, because it is a new experience for civil society to be seen and heard by the government. It is a positive indication that our government is prepared to work together with us. The fact that only two of the recommendations were rejected surpassed our expectations. Now we will focus on pushing the government to implement the recommendations.

  What does the Victims Center do?

  The Victim’s Center was established in 2017, right after the regime change. Under Jammeh’s rule citizens lived in an oppressive state that restricted their rights and freedoms, and there was no freedom of association, assembly and expression. Many human rights violations and abuses occurred, including killings, torture and other cruel, inhumane and degrading treatment, disappearances, arbitrary arrests and detention, sexual violence and the indiscriminate and illegal use of force. Many civil society activists and organisations were arrested because of the work they did – basically for speaking up against the regime and pushing for democracy.

  When Jammeh was overthrown, and we got a new government, civil society and victims felt the need to seek justice and hold Jammeh accountable for the atrocities committed under his rule. We formed the Victims Center to offer a platform for victims to express their issues, seek support and assistance and advocate towards the government.

  Part of our mission is to advocate for the TRRC report. We have been fortunate enough to receive international support. Organisations such as Human Rights Watch have released letters in solidarity with the victims and to demand the government responds to our advocacy asks. We have also worked closely with other CSOs and victim-led organisations to ensure that the government takes its duty seriously, recognises victims and provides reparations. We want to make sure the government provides reparations to all victims, without discriminating against anyone.

  We have also seen a need to go out and sensitise people on transitional justice processes, victims’ rights and the cases submitted to the TRRC. The Victim’s Center has always been at the forefront of advocating and engaging with the Ministry of Justice and mobilising media to ensure victims are getting the help they need. Despite the challenges we have faced, such as intimidation and lack of capacity, we remain committed to helping victims get justice.

  How has civil society advocated for prosecution?

  The Gambia’s civil society has been very active throughout the process. We understood the importance of engaging with the government because it will play a key role in ensuring that justice is served. We had meetings with the Ministry of Justice staff to find out how they intend to support victims.

  We have also disseminated press releases demanding that justice take place at the societal level. We think it is important to inform victims, their families and society at large about the contents of the TRRC report and how The Gambia’s society will benefit from it, so we have held conferences. We have also formed partnerships with other local and international CSOs to reach a wider audience and to put additional pressure on our government.

  We know that our laws present obstacles. We were supposed to have a new constitution to replace the 1997 one, but the new text was rejected by the National Assembly. The legislation presently in place does not consider enforced disappearance or torture as crimes, which is something civil society advocates for. We now hope the National Assembly can adjust the old constitution to ensure the possibility of litigation in such cases. In the meantime, the Ministry of Justice has promised to form a body to handle cases involving crimes that are not codified in our legislation.

  In essence, civil society has engaged extensively to ensure that Jammeh and other perpetrators face justice.

  Do you foresee any challenges in the implementation of the report’s recommendations?

  We foresee several challenges, one of them being the Ministry of Justice’s lack of capacity to handle cases of extrajudicial killings, enforced disappearance and torture. We need experts to oversee these cases so that everyone who is prosecuted is brought to justice.

  Another challenge lies with our constitution, as neither the old nor the current draft recognises enforced disappearance and torture. These are some of the human rights violations victims experienced and we need them to be recognised so that victims can receive help and perpetrators can be tried.

  We are also concerned about whether Jammeh can be brought to trial outside The Gambia, given that he is not currently residing in the country. We are trying our best to see how we can work with other organisations to address this issue.

  But all these challenges have not discouraged us. We continue advocating with partners to ensure the TRRC’s recommendations are implemented. We are also putting pressure on the Ministry of Justice to come up with a realistic timeframe that will convince us that the government is really committed to implementing the recommendations. We encourage the government to work closely with CSOs and victim-led organisations to ensure they implement the white paper with an inclusive approach.

  What kind of support does civil society in The Gambia need from the international community?

  Local CSOs and victim-led organisations need funding to continue their advocacy work, build capacity and support victims. International CSOs should partner with us and advise us on a way forward in terms of what types of cases could be brought, and how they can be brought if the constitution is not changed or amended. We also need them to use their resources to put pressure on the Gambian government to make sure justice prevails.

  Civic space in The Gambia is rated ‘obstructed’ by theCIVICUS Monitor.
  Get in touch with the Gambia Center for Victims of Human Rights Violations through itsFacebook, and follow@gambia_vc on Twitter. 

• THE NETHERLANDS: ‘People are beginning to realise that we need real and systemic change’

  CIVICUS speaks with Sieger Sloot, an actor and climate activist from a Dutch branch of Extinction Rebellion (XR), about climate protests and the criminalisation of climate activism in the Netherlands.

  XR is a global decentralised network of climate activists working to compel governments to address climate change and prevent biodiversity loss and ecological collapse through the use of non-violent civil disobedience tactics.

  What forms of protests has XR deployed in the Netherlands, and what have you achieved?

  In the Netherlands, XR organised over 300 protests in 2022 alone. One of the most successful was a blockade of the A12 highway in The Hague city centre. We were 30 people when we started blocking the road last June, and since then, the number of participants doubled or tripled every time, so we grew exponentially. On 11 March 2023, around 4,000 protesters blocked the same spot.

  It is XR’s strategy to use non-violent disruptive actions like blockades to draw attention to the climate crisis, and especially to the €30 billion (approx. US$32.9 billion) annual fossil fuel subsidies provided by the government. These attract way more media coverage than regular protests. The Dutch law allows a great deal of protesting and XR is actively investigating the limits of what is allowed.

  These forms of protest have had a huge effect on Dutch society. For the first time we witness mainstream media talking about fossil fuel subsidies. Some 400 Dutch economists wrote an op-ed on why and how fossil fuel subsidies should be terminated. Members of parliament are making proposals for ending fossil fuel subsidies. The Dutch Secretary for Climate has announced a press conference on the climate crisis. A wave of famous musicians, actors, writers and directors are joining the XR movement. So our tactics are proving to be quite effective.

  What are your demands to the Dutch government, and how has the government reacted?

  The Dutch government promised to end fossil fuel subsidies in 2020 but still hasn’t done it, so with every blockade XR demands it end all fossil fuel subsidies immediately, or otherwise the protesters won’t leave. Until now, the government hasn’t complied with our demand. Instead, police have arrested protesters who weren’t willing to leave and fined others. They also used water cannon to disperse crowds and tried to infiltrate XR.

  Over the past months, between 40 and 50 climate activists have been prosecuted in the Netherlands. The accusations vary from vandalism, which can be just about spray paint, to not following police orders and trespassing, all the way to sedition.

  This included eight activists arrested for sedition because they posted on social media about their intention to go to the protest and block the highway. This had never happened before: it is a totally unprecedented attack on free speech and freedom of assembly. This provoked a lot of anger among Dutch people, since according to both Dutch and European Union law it’s allowed to block roads while protesting. Over 70 civil society organisations showed their solidarity with XR following the arrest of those eight activists by joining the A12 protest.

  I think the Dutch government is criminalising climate activists just to ‘restore law and order’, but it has totally backfired on them. The District Attorney (DA) is prosecuting the eight activists, probably to make a case that not all ways of protesting are allowed – even though XR’s actions are always non-violent. We’ve had some quite violent farmers’ protests in recent years, but it seems that the DA didn’t dare to make a case against them. Of course they have tractors and aren’t as easy to target as climate activists.

  What kind of support are your receiving from international allies?

  We get a lot of international support online, which is absolutely awesome. Right now, I think we’re really thriving and growing rapidly. It feels as if XR is becoming more and more accepted and mainstream every day. Along with other activists I’ve started giving ‘Headed for Extinction’ talks to all kinds of people, which translated into more attention for our story from people in power and in the media. More and more people are now joining us because they see it’s the logical thing to do. A lot of powerful and smart people are beginning to realise that we need change, real and systemic change.

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  Civic space in the Netherlands is rated ‘open’ by theCIVICUS Monitor.

  Get in touch with XR through itswebsite orFacebook page, and follow@ExtinctionR onTwitter.

• TURKEY: ‘All critical voices are repressed under the pretext of combating disinformation’

  In the run-up to Turkey’s general election, CIVICUS speaks with Fatih Polat, editor-in-chief of Evrensel, about the state of press freedoms and the Turkish government’s attacks on critical media.

  Founded in 1995, Evrensel is an independent daily newspaper. In August 2022, the Turkish Press Advertisement Agency permanentlybanned all public announcements and advertisements with Evrensel despite the Turkish Constitutional Court’s decision that advertisement bans on Evrensel and other newspapers violated freedom of expression and press freedom.

  What are the conditions for the exercise of journalism in Turkey?

  In Turkey state representatives routinely refuse to answer journalists’ questions. In any developed western democracy, this would be a serious matter and would be considered an obstruction of journalistic work. But in Turkey, this is no longer seen as a problem. For a very long time, the government has routinely imposed a variety of obstacles both on the critical Turkish press and on our foreign colleagues covering Turkey for international press organisations.

  Ever since the Justice and Development Party (AKP) gained power 21 years ago, independent media have been in trouble. The government pressures critical media both financially and politically. It seeks to financially asphyxiate them by blocking the flow of official announcements and advertisements and imposing fines for alleged infractions concerning news, commentaries or television programmes. Political pressures range from lawsuits filed against individual journalists and newspaper managers to the detention, arrest and use of torture against journalists.

  Critical television channels can also be subjected to temporary screen blackouts. Online media, which have developed significantly over the past 20 years, experience pressures ranging from court-ordered removal of content to lawsuits. Even cartoonists are subjected to punishment and arrest. Moreover, journalists are frequently exposed to police violence and detained while following the news on the streets.

  On top of this, if the government is uncomfortable with the publication of a newspaper, a state official calls the agency that distributes advertisements and makes veiled threats to stop the flow of private advertisements. In contrast, newspapers and TV channels supporting the government receive serious financial aid from the state.

  How has Evrensel been specifically targeted?

  Evrensel is a 28-year-old, well-established newspaper that stays afloat thanks to readers’ contributions and advertisements placed by municipalities run by the opposition. On 22 August 2022, the Turkish Press Advertisement Agency, whose budget comes from tax money, banned Evrensel from receiving any public announcements and advertisements. This tactic is aimed at making a newspaper financially unviable. In response we filed a lawsuit, which is currently underway.

  The new press law, which was recently introduced by the government under the pretext of ‘combating disinformation’, has led to a new period of repression of anyone who expresses a critical stance towards the regime. Lawsuits are filed against us for news and articles published in our print newspaper and on our website. Our website is frequently subjected to access-blocking orders.

  Are journalists from certain groups particularly vulnerable?

  The Kurdish media are under particularly strong attack. There is an ongoing conflict between the state and various Kurdish insurgent groups who demand either separation from Turkey or greater autonomy within Turkey. The government has increased pressure on Kurdish media, and on all Kurdish actors, after putting an end to negotiations. For example, Kurdish journalists have been arrested alongside legislators and politicians of the pro-minority People’s Democratic Party (HDP), including the HDP’s co-presidents Selahattin Demirtaş and Figen Yüksekdağ, and mayors have been replaced by trustees. In April and early May alone, 34 Kurdish journalists and press workers have been arrested.

  How has the repression of press freedoms affected the popularity of the ruling regime?

  Your question reminds me of another important element of repression. In Turkey, insulting the president is punishable with prison sentences of up to six years. I am among the many journalists who have been tried for insulting the president; I was acquitted in 2019. This has been applied not only against journalists but also against social media users.

  But for a significant segment of AKP voters, media censorship or corruption allegations against the president are not that important. Only bad economic performance can result in the erosion of their support.

  On 14 May Turkey will hold a critical general election, both for president and parliament. The unity of the opposition has brought hope for a change. Right now, the prospect of a time when we will be able to breathe a little more freely again seems within reach.

  What kinds of domestic or international support do Turkish independent media and journalists currently receive, and what would help?

  There are several domestic journalists’ organisations in Turkey. For example, I am a member of the Journalists’ Union of Turkey and the Journalists’ Association of Turkey, the largest press unions in the country. In the last 15 to 20 years, various international journalists’ organisations have also provided important support, standing in solidarity with the independent press and journalists from Turkey, spreading awareness and advocating for our rights. It is very valuable for us that they follow the many cases of repression of critical media and include them in their countries’ political agenda.

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

  Get in touch with Evrensel through itswebsite or itsFacebook page, and follow@EvrenselDaily and@fpolat69 onTwitter.

• TURKEY: ‘For the embattled LGBTQI+ movement, simply persisting in taking to the streets is an achievement’

  CIVICUS speaks about 2023 Pride and the civil society response to the Turkish government’s anti-LGBTQI+ campaign with Damla Umut Uzun, international relations and fundraising officer atKaos Gay and Lesbian Cultural Research and Solidarity Association (Kaos GL).

  Founded in 1994, Kaos GL is one of the oldest and largest LGBTQI+ organisations in Turkey, dedicated to creating visibility and understanding and promoting LGBTQI+ human rights.

  How have Turkish authorities reacted to Prideevents?

  Since 2015, Pride events have been increasingly banned by city governors. The first ban was introduced in Istanbul, which in 2014 had the largest Pride gathering, with at least 50,000 participants. But despite the growing number of bans, the number of Pride events across the country has also consistently increased.

  This year in Istanbul, several Pride events were banned by district governor offices, resulting in detentions, police brutality and restrictions on journalists. A Pride movie event organised by the University Feminist Collective in Şişli was banned for ‘potentially causing societal resentment’ and ‘threatening social peace’. The screening of the film ‘Pride’, scheduled by the cinema collective, and a tea gathering event organised by the LambdaIstanbul LGBTQI+ Solidarity Association were banned in Kadıköy district. The police detained and later released at least eight people who came to watch the film, using physical violence. The LGBTQI+ group Queer Baykuş of Mimar Sinan Fine Arts University had their posters violently confiscated by the university’s security units before a planned press release. On 18 June, during the Trans Pride Parade in Beyoğlu district, the police handcuffed and detained 10 people, including a child, and released them later that day after taking police statements. Journalists were prevented from taking pictures during the intervention.

  The Human Rights Foundation of Turkey compiled a detailed report of rights violations in the context of 2023 Pride events between 2 June and 10 July 2023. Various Pride celebrations, including parades, picnics and press statements, were banned by multiple governorships and disrupted due to targeted threats and societal reactions in Adana, Ankara, Antalya, Eskişehir, Izmir, Kocaeli and Muğla. A total of 241 people, including four minors and seven lawyers, were detained on the grounds of Article 2,911 of the law on gatherings and demonstrations. The main reasons cited by authorities were non-compliance with regulations, disruption of public order and violation of ban decisions. Although most detainees were typically released on the same day, they might face prosecution and lawsuits months later.

  Police interventions during Pride events are a reflection of the government’s hostility towards LGBTQI+ people. They are waging a kind of war against us. The recurring violence is fuelled by a sense of impunity: the fact that law enforcement officials face no consequences for harming, insulting or harassing LGBTQI+ people further emboldens them.

  Why is the Turkish government hostile towards LGBTQI+ people?

  Oppression of the LGBTQI+ community in Turkey is not new: the government’s crackdown first intensified following the 2016 attempted coup. But the main reason behind the increasing hatred is the attempt of the ruling Justice and Development Party (AKP) to mobilise conservative segments of society. To mask the effects of its corrupt rule and economic mismanagement, the government is employing populist rhetoric and polarisation tactics, seeking to designate an enemy to blame.

  Repression hasn’t been limited to LGBTQI+ people but rather targeted at any opposition or independent views. Dissenting voices, including those of Kurdish people, feminists and human rights defenders, are labelled as ‘terrorists’.

  Among these groups, LGBTQI+ people are a particularly easy target due to societal conservatism and religious tendencies. Censorship and rights violations of LGBTQI+ people affect all aspects of life, including access to goods and services, education, healthcare and housing and media representation. In line with the global anti-gender trend, the government has employed a rhetoric focused on ‘protecting the sacred Turkish family structure against perversion’, using LGBTQI+ people and feminists as scapegoats.

  What role did anti-LGBTQI+ rhetoric play in the2023 presidential elections?

  Anti-LGBTQI+ rhetoric played a significant role in the election campaigns of the AKP government and President Recep Tayyip Erdoğan, aimed at mobilising conservative voters, including those on the left side of the political spectrum. Former Interior Minister Suleyman Soylu openly mobilised hate speech against LGBTQI+ people at public events. President Erdoğan used similar rhetoric, accusing the opposition of being ‘pro-LGBTQI+’.

  Unfortunately, two radical Islamist parties, Hüdapar and New Welfare, have entered parliament, and their primary election promise was to close down LGBTQI+ organisations. They are now working actively towards this goal, and we anticipate that such rhetoric and efforts will intensify in the run-up to local elections in a few months.

  How are LGBTQI+ organisations, including Kaos GL,responding to these attacks?

  Despite facing oppressive conditions and lack of opportunities, the LGBTQI+ movement in Turkey remains resilient and strong. Alongside feminists, we are the only groups that continue to take to the streets and demonstrate for our rights, showing immense bravery in the face of police violence and detention. Simply persisting in organising demonstrations is an achievement in itself.

  In addition to street activism, Turkish LGBTQI+ organisations are actively engaged in advocacy, the promotion of visibility and capacity building. We recognise that we won’t be able to change policies at the national level due to the AKP’s absolute majority, so we focus our efforts on grassroots societal transformation. We educate professionals who encounter LGBTQI+ people in their daily work, such as doctors, nurses, teachers, lawyers and social and municipal workers, to increase their understanding and capacity to work with LGBTQI+ people and respond to their needs in the respectful manner.

  We document human rights violations and hate crimes, providing a factual basis for our advocacy campaigns. We also report on the situation of LGBTQI+ employees in the public and private sectors. Other organisations focus on reporting the challenges faced by LGBTQI+ students, people living with HIV, elderly people and refugees.

  We also organise cultural events, including queer film festivals such as Pink Life Queer Fest and exhibitions and art programmes like the Ankara Queer Art Programme and the Women-to-Women storytelling contests, aimed at fostering expression and community engagement.

  What obstacles do you encounter in your work, and what supportdo you need?

  Since the attempted coup, the government has intensified its crackdown on civil society organisations (CSOs), subjecting them to frequent state audits to identify alleged mistakes, impose fines or even shut them down. Laws such as the Law on the Prevention of the Financing of the Proliferation of Weapons of Mass Destruction have made it increasingly difficult for CSOs to receive funds, further hindering their work.

  Turkish LGBTQI+ organisations maintain close contact with European human rights organisations, Council of Europe representatives, the European Union (EU) delegation and United Nations mechanisms. We regularly update them about the developments and shrinking human rights space in Turkey, and in turn, they issue statements expressing deep concern about the government’s actions. However, these efforts have proven ineffective as the AKP government demonstrates a complete lack of regard and even fails to implement decisions of the European Court of Human Rights.

  Turkish LGBTQI+ organisations have generally benefitted from EU funding, but this has started to decrease. It appears that the EU has somewhat given up on Turkey, since the government is making no effort to improve human rights standards. Additionally, the fact that Turkey is keeping millions of refugees out of Europe has limited the EU’s consistency in supporting human rights in Turkey.

  As LGBTQI+ individuals living in Turkey, we are constantly pressured to hide our identities, pushed to the margins of society and silenced. But as LGBTQI+ organisations we continue to fight for our rights and freedoms. To advance our cause, we need more systematic financial resources, increased collaboration with international organisations, more vocal campaigns and international pressure on the Turkish government.

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

  Get in touch with Kaos GL through itswebsite or itsFacebook page, and follow@KaosGL on Twitter.

• TURKEY: ‘The government does not tolerate opinions different from its own’

  CIVICUS speaks with lawyer Eren Keskin, chair of the Human Rights Association (IHD), about the Turkish government’s attacks on critical media and the state of press freedoms in the context of Turkey’s current elections.

  Founded in 1986, IHD is one of Turkey’s oldest and largest human rights civil society organisations. It documents human rights violations and campaigns for the protection of human rights and civic freedoms in Turkey.

  What are the conditions for journalism in Turkey?

  Problems in the area of freedom of expression have existed in Turkey since the foundation of the republic. From the very beginning there were issues that the republic’s official ideology of Turkish-Islamic synthesis prohibited speaking about. Issues such as the Kurdish conflict, the 1915 Armenian Genocide and, later on, Turkey’s military presence in Cyprus, have long been forbidden topics.

  What’s changed under the present government of the Justice and Development Party (AKP) and the Nationalist Movement Party is that the opposition’s freedom of expression has been severely restricted across the board. As a result, obstacles have mounted for opposition journalists to express their views.

  The government does not tolerate opinions different from its own. It recklessly issues arrest warrants for articles, speeches and social media messages if they express diverging opinions. The state of Turkey recognises freedom of expression in its domestic legislation and is bound to respect it as a state party to the European Convention on Human Rights, but it continues to violate its own laws and the international conventions and covenants it has signed.

  What tactics does the government use against independent media and how have you been affected?

  Because it does not tolerate any kind of diverging opinion, the government is extremely aggressive towards independent media and the free press, the majority of which are Kurdish media outlets.

  Dissident journalists are commonly charged with making propaganda for an illegal organisation. Particularly with news reports on the Kurdish war, most lawsuits are filed on charges of making propaganda for the Kurdish political movement or Kurdish armed forces. Apart from this, a large number of cases are filed on charges of insulting the president, insulting the forces of the state and inciting the public to hatred and enmity.

  Many journalists are under arrest or subject to international travel bans merely for expressing their thoughts in writing. There is almost no journalist who is not being subjected to judicial control.

  I was once the volunteer editor-in-chief of the daily Özgür Gündem, one of the newspapers that has faced the most repression, and have stood trial in 143 cases just because my name appeared on the newspaper as volunteer editor-in-chief.

  I’ve been sentenced to a total of 26 years and nine months in prison for alleged crimes such as membership of an illegal organisation, making propaganda for an illegal organisation and insulting the president, even for articles I did not write. These sentences are pending a decision of the Court of Cassation. As soon as they are final, I may go to prison. I have also been unable to travel abroad for six years now because of an international travel ban.

  Has the intensification of repression affected the popularity of the president in any way?

  Considering that the ruling regime is the main culprit for all the rights violations currently taking place in Turkey, and that power is concentrated in the hands of President Recep Tayyip Erdoğan, it must be admitted that the main perpetrator of rights violations is the president himself. The judiciary is completely dependent on the president. Judges and prosecutors render compliant decisions out of fear. Where judges and prosecutors are afraid, it is unthinkable for the judiciary to be independent.

  The president’s attitude towards the press, especially the opposition press, and the language of hatred and violence he uses, does not detract from his popularity but is instead a major reason his followers support him. However, we think that a large part of society, hopefully a growing part, is also disturbed by his blatant violations of freedom of expression.

  What do you make of the results of the 14 May general election?

  The AKP had relative success in the presidential and parliamentary elections held on 14 May. The president did better than expected, considering the economic situation and the criticism he’s faced over the response to the earthquakes in February. His party has maintained control of parliament. But he didn’t win re-election outright: he received 49.5 per cent of the vote while his opposition challenger, Kemal Kılıçdaroğlu of the Republican People’s Party (CHP) received almost 45 per cent. Now there’s going to be a runoff on 28 May.

  None of this should come as a surprise. Society has become extremely polarised, especially as a result of Erdoğan’s rhetoric of fear, hatred and violence. We also witnessed many practices that violated the constitution and electoral laws, such as government ministers becoming parliamentary candidates without resigning and therefore using state resources for campaigning. The ruling party monopolises a large part of the media and used it exclusively on its own behalf. The elections were therefore held under extremely unequal conditions.

  It’s hard to predict what the outcome of the runoff will be. The election may end in favour of Erdoğan or Kılıçdaroğlu. Much will depend on the practices that develop during the election.

  How will the situation of vulnerable minorities in Turkey be affected by the election results?

  Erdoğan uses language that is completely against human rights and the AKP has retained its parliamentary majority by coalescing with an extremist party. The situation will become dangerous if Erdoğan wins once again, especially for women, LGBTQI+ people and Kurdish people.

  Withdrawal from the Istanbul Convention – the Council of Europe Convention on Preventing and Combating Violence Against Women and Domestic Violence – has already affected the feminist movement a lot. Now Law No. 6,284 on violence against women is being questioned. This poses a great danger for women and LGBTQI+ people.

  Similarly, if Erdoğan wins again, pro-security approaches to the Kurdish issue will continue to dominate, preventing progress towards peace.

  As for Syrian asylum-seekers, the AKP presents itself as having provided a good environment for them, but it is not really the case. Asylum-seekers in Turkey do not qualify as refugees because of the state’s reservation to the 1951 Refugee Convention. They are subjected to racist attacks. They work as cheap labour in extremely difficult conditions. Women and girls live under permanent risk of violence. An AKP win will not give them a chance.

  But it must be noted that the CHP’s proposal regarding refugees is not any more democratic or inclusive, and its discourse also has racist overtones. Therefore, first and foremost, the discriminatory, double-standard approach to the Refugee Convention should be questioned.

  What kinds of domestic or international support do Turkish independent media and journalists currently receive, and what more would you need?

  Journalists working in independent media in Turkey, and especially in Kurdistan, are clearly not receiving sufficient international support. The Republic of Turkey is a state party to many international conventions that guarantee freedoms of expression and the press. The state has committed to respecting them on paper, but it violates them in practice. All these conventions have monitoring mechanisms, but unfortunately, they are not being properly implemented for Turkey. In this sense, the European Union has left Turkey alone.

  We believe that Turkey should be questioned more, especially by western media organisations and by Turkey’s co-signatory states of international rights conventions, to contribute to the lifting of repressive measures against the dissident press.

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

  Get in touch with the Human Rights Association through itswebsite or itsFacebook page, and follow@ihd_genelmerkez on Twitter.

• UGANDA: ‘Hate speech against LGBTQI+ people comes from religious, traditional and political leaders’

  CIVICUS speaks about the situation of LGBTQI+ rights in Uganda and the ongoing impacts of the British colonial legacy with Opio Sam Leticia, founder and Executive Director of Queer Youth Uganda (QYU).

  QYU is a civil society organisation founded in 2006 that advocates for the rights of young LGBTQI+ people.

  

  What is the current situation of LGBTQI+ people in Uganda? 

  The absence of laws that protect LGBTQI+ people makes for a delicate situation in Uganda. The LGBTQI+ community faces discrimination in many aspects. People are still being denied their right to housing in some places because of their sexual orientation and gender identity. They continue to suffer assaults, sexual violence and ‘corrective rape’ as a way of trying to change them into what those perpetrating abuses think is the African way of life, with the LGBTQI+ ‘lifestyle’ still viewed as an imposition of ‘western ideology’. We have had several cases of LGBTQI+ activists who have been evicted by their landlords as a result of their community advocacy work.

  Discrimination in workplaces is still rampant: many people who openly identify as LGBTQI+ find it challenging to get employed. The unemployment rate in the LGBTQI+ community is high because there are not enough job opportunities. In addition, some LGBTQI+ people do not have the skills needed for the job market due to their higher school dropout rates. Parents play a significant role in this because when they discover their kids’ sexual orientation they often deny them access to education and even throw them out of their homes.

  The breakout of the COVID-19 pandemic revealed the underlying issues that people in the LGBTQI+ community deal with. During the pandemic, several homeless shelters for LGBTQI+ people were raided by the police. As a result, many people were left homeless and others were jailed for three months, sometimes more than once.

  Despite the work done to ensure access to health services as a need, there is still discrimination at public health centres meant to provide free healthcare for all people in Uganda. Discrimination in access denies LGBTQI+ people this basic right.

  Does Ugandan legislation discriminate against LGBTQI+ people?

  The Ugandan constitution stipulates equality for all people, but every single day there are cases of assault and rights violations of LGBTQI+ people.

  The law is used as an instrument to oppress LGBTQI+ people instead of promoting their human rights. Same-sex marriage is illegal and same-sex relations are criminalised with harsh penalties, including life imprisonment under Penal Code Act 145. Despite the existence of mechanisms such as the Uganda Human Rights Commission and the Equal Opportunities Commission, it is clear that the rights of LGBTQI+ people continue to be systematically violated.

  The government of Uganda continues to enforce the 1950 Penal Code, which prohibits same-sex relations and threatens to imprison LGBTQI+ activists. Parliament has continued to pass bills against sexual minorities, such as the recent Sexual Offences Bill 2021. The current legislation threatens our work environment and our very existence as an LGBTQI+ organisation in Uganda.

  To what do you attribute the recent tightening of legislation criminalising LGBTQI+ people?

  Uganda is a highly religious country where traditional cultural beliefs or norms take centre stage. LGBTQI+ people see their basic human rights violated because of deeply embedded cultural and religious beliefs. That is why political advocacy does not have an impact: politicians are quick to play the morality card to please their constituencies and sideline the issues raised by LGBTQI+ organisations.

  The government should work to integrate the LGBTQI+ community into Ugandan society, not least because we can play a pivotal role in the country’s economic and social development. We can contribute by paying taxes and creating jobs, among other things.

  But instead, the LGBTQI+ community faces hate speech coming from religious, traditional and political leaders who promote homophobia. Far from receiving mass support and recognition from the state and citizens, LGBTQI+ activists and organisations have faced increasing human rights abuses and attacks.

  What work does your organisation do?

  QYU is an LGBTQI+ youth-led community-based organisation that advocates for the rights of young LGBTQI+ people in rural and peri-urban areas of Uganda. QYU operates in the four regions of Uganda: the Eastern, Southern, Western and Bunyoro Kitara/Albertine regions. We have five key programmes that we run in communities to offer safe spaces and promote the participation of LGBTQI+ people in human development: human rights awareness and advocacy, sexual reproductive health rights and services, emergency housing and accommodation, economic empowerment, and advocacy, alliance building and partnerships.

  Through implementing these programmes, we want to create a legal and policy environment where the rights of LGBTQI+ people are upheld and respected. The high numbers of rape cases and arbitrary arrests have pushed us to advocate for equal and inclusive reproductive health rights and access to sexual and reproductive health services and to set up safe spaces at community health centres so that LGBTQI+ people can access healthcare facilities without the trauma of being harassed.

  In addition, QYU responds to urgent housing needs of LGBTQI+ people who are victims of social stigma and discrimination from their families and the public. We also mobilise and empower LGBTQI+ people, particularly young people, by providing them with practical skills, knowledge and appropriate information regarding employment and social entrepreneurship and developing their personal and professional skills for the labour market. Through partnership building, advocacy and referral, we work with like-minded organisations to advocate for and advance the rights and freedoms of LGBTQI+ people at both the national and international levels.

  But we have faced several challenges that make it difficult to carry out our work. We have continued to suffer office break-ins from unknown individuals, causing fear among our staff members. We also have limited funding, which impacts the scope of our work because we can only do so much with the funds we have.

  What should Commonwealth states do to promote LGBTQI+ rights?

  Commonwealth states should work together since most have the same codes that criminalise LGBTQI+ people, dating back to the colonial era. So many years later, they are still making daily life miserable for LGBTQI+ people in the countries that are part of the Commonwealth. I think member countries should use the various organs of the Commonwealth to provide a platform for LGBTQI+ voices. Those that have decriminalised same-sex relations should support those fighting toward that goal.

  The international community fighting for similar causes should also use their platforms to raise awareness on the kind of struggles we are facing. Their mobilisation will hopefully pressure our governments to create policies that will benefit all members of society regardless of their gender identity or sexual orientation.

  Civic space in Uganda is rated ‘repressed’ by theCIVICUS Monitor.
  Get in touch with Queer Youth Uganda through itswebsite orFacebook page, and follow@QueerYouth2006 on Twitter. 

• UNITED KINGDOM: ‘The government is set on hiding from accountability and scrutiny’

  CIVICUS speaks to Sam Grant, Head of Policy and Campaigns for Liberty, a UK civil society organisation, about the introduction of the Police, Crime, Sentencing and Courts Bill and its impacts on the right to protest. Founded in 1934 in response to brutal police attempts to stop peaceful protests, Liberty is the UK’s largest civil liberties organisation, with more than 10,500 members and supporters, campaigning for everyone in the UK to be treated fairly and with dignity and respect.

  

  What prompted the UK government to introduce the Police, Crime, Sentencing and Courts Bill? What are civil society’s major concerns about it?

  The current government is set on hiding from accountability and scrutiny wherever it can, whether that’s by making it harder for people seeking justice to take them to court, sidelining elected parliamentarians through secondary legislation or introducing voter ID laws. The Police, Crime, Sentencing and Courts Bill is another iteration of this attempt by the government to shield itself from being held accountable, this time by making it harder for people to protest.

  Civil society has three main concerns with this bill. Firstly, it represents a crackdown on protest rights. It gives the police greater powers to dictate where, when and how people can protest, it ramps up sentencing and will funnel protesters into the criminal justice system. The cumulative effect of these measures – which target the tools that make protest rights meaningful – constitute an attack on a fundamental building block of our democracy.

  Secondly, Liberty and, more generally, UK civil society sees this Bill as an outright attack on the Gypsy, Roma and Traveller nomadic way of life in the UK. The impact these new powers will have on an already marginalised community in this country could be catastrophic.

  Finally, Liberty is raising the alarm about the impact on over-policed communities who will be exposed to profiling and disproportionate police powers through the expansion of stop-and-search powers and data-sharing agreements between the police and public bodies.

  The bill has already passed through the House of Commons and will start moving through the House of Lords in early September 2021. If the Lords make any amendments, these will need to be approved by the House of Commons in a so-called ping-pong process, until agreement is reached. If it becomes law, this bill will dramatically reshape protest rights in this country, tipping the balance of power further in favour of the government and the police and vastly impacting on marginalised and over-policed communities such as Gypsy and Traveller communities and people of colour.

  What is civil society doing to try to prevent the passing of the bill?

  The breadth of the coalition working against the bill is growing every day, ranging from environmental, human rights, racial justice and criminal justice groups to Gypsy, Roma and Traveller community groups.

  A total of 245 organisations joined together to condemn the bill, over 700 academics called for it to be dropped, three United Nations Special Rapporteurs and Europe’s top human rights official warned it threatened our rights and over 600,000 people signed a petition to call for it to be scrapped.

  Organisations continue to work together to show the disastrous impact this bill will have and the importance of our protest rights.

  What are civil society’s other concerns about restrictions to civil liberties in the UK?

  We are worried about other restrictions because this bill is part of a wider trend of this government trying to evade accountability and attack our rights. Going hand in hand with the Police, Crime, Sentencing and Courts Bill are attempts to restrict judicial review, which would make it harder to challenge government actions in court, plans to weaken the Human Rights Act, which is our central human rights piece of legislation, and plans to bring in a voter ID, which could prevent millions of people from marginalised communities voting.

  How have UK authorities responded to recent protests?

  We are seeing an increasingly hostile atmosphere for protest rights in the UK. In recent years, the police have targeted some protesters with facial recognition surveillance technology. People belonging to certain protest groups, including environmental rights groups such as Extinction Rebellion, have been considered extremists and added to counter-terror lists. People arrested at protests have faced the possibility of hugely disproportionate prison sentences that go far beyond fair consequences for their actions.

  During the pandemic, police forces have wrongly claimed that COVID-19 regulations placed a blanket ban on all protests and have arrested and fined hundreds of people for demonstrating against injustice. They have even arrested legal observers who act as independent witnesses to police behaviour at protests to help ensure people’s rights are respected.

  What can international civil society do to support civil society in the UK?

  It is always important to share solidarity where possible. International civil society can support us by raising concerns through appropriate avenues and speaking up about the impact this bill could have even beyond the UK. We’ll be working closely with CIVICUS to identify these opportunities.

  Civic space in the United Kingdom is rated ‘narrowed’ by the CIVICUS Monitor.

  Get in touch with Liberty through its website or its Facebookor Instagram pages, and follow @libertyhq on Twitter.

   

• USA: ‘Our aggressive tactics helped amplify the demands of the broader climate movement’

  CIVICUS speaks with Evan Drukker-Schardl of Climate Defiance about the disruptive tactics the organisation uses to put climate change on the agenda.

  Climate Defiance is a youth climate organisationdetermined to challenge political betrayal and fight for a just world. Through mass protest and peaceful direct action, it seeks to force politicians to address the existential climate crisis, rejecting the constraints of current political realities in favour of transformative change.

  What makes Climate Defiance different from other climate action groups?

  Climate Defiance takes a direct approach, confronting climate criminals wherever they are – whether they are being honoured by industry peers or speaking in public. We challenge their presence in society and highlight the damaging impact of politicians and fossil fuel executives on our collective future.

  This approach has resonated widely, particularly online, where millions have supported videos of young activists confronting those responsible for endangering their future. It has also allowed us to amplify the climate movement’s demands. Notably, our protests have had tangible results, such as the resignation of Harvard professor Jody Freeman from the board of ConocoPhillips. Similarly, Assistant Secretary of the Interior Tommy Beaudreau resigned just 15 days after we disrupted his participation at an event.

  What are your demands, and how has the US government responded to them?

  Our demands focus on ending coal, gas and oil infrastructure, both in specific cases and as a general policy. We have also joined others in calling for an end to new liquefied natural gas (LNG) export permits. Over the past year, we have consistently raised these issues, most notably during a meeting at the White House where we repeatedly stressed the need to address LNG exports. Shortly afterwards, the Biden administration announced a moratorium on new permits.

  While Climate Defiance cannot take sole credit for these developments, our aggressive tactics have helped amplify the demands of the broader climate movement. We understand we are not here to make friends; rather, we are focused on forcing those in power to listen and respond to our demands.

  Although the Biden administration and Congress may not meet all our demands, we have made it clear they have no choice but to address our concerns, even if it goes against the interests of fossil fuel companies that hold significant power. Our actions ensure that those in power are aware of and accountable to the demands of the climate movement.

  What forms of protest have you undertaken so far, and why?

  So far, our protests have taken a variety of forms, all aimed at holding climate criminals accountable. For instance, we recently targeted Senator Lisa Murkowski, who was instrumental in getting the Biden administration to approve the Willow Project in Alaska, allowing new drilling on federal lands. She was receiving an award at a non-profit gala in Washington DC, presented by Chevron’s top lobbyist. We interrupted her speech with a banner that read ‘Murkowski is a murderer’. This direct action brings our energised activists to where the powerful are being honoured and exposes the truth about their destructive actions.

  Similar actions led to the resignations of Beaudreau and Freeman. While we don’t expect Murkowski to resign, our actions ensure she cannot expect to go unchallenged in public forums. We specialise in these confrontational tactics, disrupting events like the Congressional baseball game, a bipartisan event attended by numerous climate offenders from both parties. This game symbolises a political consensus that perpetuates fossil fuel subsidies at the expense of our planet and its people.

  We’re present at such events to demand an end to these subsidies and highlight the bipartisan support for policies that harm our environment. While we cannot predict the immediate outcome of these protests, they are essential in raising awareness and pressuring policymakers to prioritise climate action over corporate interests.

  Are you seeing restrictions on protests?

  Climate Defiance has so far managed to protest effectively while minimising the risk of arrest for our activists. Avoiding arrest ensures the safety of our activists and conserves our resources and capacity.

  However, the broader protest landscape in the USA has seen concerning developments, particularly in relation to the Gaza and Palestine solidarity movements. Across university campuses in the USA and around the world, there has been a noticeable shift in how disruptive and confrontational protests are handled. Authorities have responded with excessive force and repression, seeking to silence criticism and dissent.

  While Climate Defiance focuses on confronting climate criminals, it is important to recognise and condemn any undemocratic actions taken by those in power to stifle legitimate dissent. Such behaviour reflects poorly on the democratic principles that should underpin society, and those responsible should be held to account.

  We stand in solidarity with all people protesting against genocide in Gaza. It is unconscionable that university administrations, police forces and politicians are brutalising and targeting student protesters instead of listening to their principled calls for justice and an end to massacres in our name and on our dime. Crackdowns on college campuses are a threat to us all and should alarm people even if they are not part of the Palestine solidarity movement in the USA.

  How has the public reacted to your protests?

  Public reaction to our protests has been mixed. While some people appreciate our direct approach and see the urgency of our cause, others are uncomfortable with our disruptive tactics. We build relationships with politicians who want them and whose values align with ours, but we are not afraid to criticise those in power who further the destruction of our planet, wherever they are on the political spectrum. Our priority is to be vocal, public and disruptive to drive home that our lives depend on transformative action now to end fossil fuels.

  Regardless of whether people agree with our methods, we have been able to achieve tangible results. Even those who don’t support us cannot ignore the impact we are having. We believe that discomfort can be a catalyst for change. We challenge people to confront uncomfortable truths to motivate them to act.

  Ultimately, our aim isn’t to win a popularity contest but to insist that everyone, regardless of their background, deserves a healthy and prosperous future. We see protest as a means of subversion, a way of challenging the status quo and demanding a better world for future generations and ourselves.

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

  Get in touch with Climate Defiance through itswebsite orFacebook page, and follow @ClimateDefiance onTwitter,Instagram andTikTok.