europe
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ITALY: ‘Accusing activists of vandalism is much easier than implementing renewable energy policies’
CIVICUS speaks with Gabriella Abbate of Last Generation about climate activism and its criminalisation in Italy, a country that has recently experienced both drought and devastating floods.
Last Generation is an international network of climate activists using civil disobedience to compel governments to address the climate emergency by enabling citizen participation and financially supporting the global south as a primary victim of climate change that it hasn’t caused.
Why are climate protests on the rise in Italy?
Italy is heavily affected by climate and ecological crises: it experienced 310 climate disasters in 2022 alone, one of the main reasons behind them being the use of fossil fuels. The Italian government’s funding of fossil fuels has been steadily increasing, reaching €2.8 billion (approx. US$3 billion) between 2019 and 2021 and comprising 90 per cent of Italy’s total investment in fossil energy. Italy is the world’s sixth largest fossil energy lender, ahead even of Russia and Saudi Arabia.
In reaction to these energy policies, transnational activist networks including Last Generation, Extinction Rebellion and Scientists Rebellion are organising climate protests throughout Italy. They all use nonviolent civil disobedience tactics such as roadblocks, soiling with washable and vegetable-based paint and gluing. Last Generation is currently protesting to demand that the Italian government immediately cease public funding for fossil fuels and respect the agreements made by European Union member states in the 2030 climate and energy framework to increase the share of renewable energies, improve energy efficiency and cut greenhouse gas emissions.
What challenges are climate protesters facing in Italy?
A major challenge has been the criticism of our ways of protesting and the way we have been portrayed by the media. I think it is much easier to present someone as a vandal than to try to understand the root causes of the anger driving their action. The media and the state strongly exploit people’s lack of awareness regarding the innocuous materials used in the actions, such as vegetable charcoal, which leads to plenty of misinformation. However, more and more people are still joining our movement, perhaps driven by personal fear of the climate catastrophe, but also due to the realisation that the label of ‘eco vandalism’ is only a facade to mask the problem and that the negative consequences of our actions are minor and superficial.
On the other hand, the consequences of our activism being portrayed as violent and as acts of vandalism have been profound. There are currently three Last Generation activists facing trial for spraying the Senate building in Rome. They’re accused of ‘criminal damage’ and risk up to three years in prison. Never mind that the paint they used in the protest was washable.
In April, the Italian government introduced a new law specifically to punish climate actions seen as damaging monuments or cultural sites with fines ranging from €20,000 to €40,000 (approx. US$21,500 to US$43,000) and possible imprisonment for those caught in the act. In this regard, it should be noted that an essential part of Last Generation’s activism is to draw attention to one’s responsibility for one’s choices, which ends up accentuating the consequences of the actions we take. We take responsibility by not running away after an action, and this puts us in an even riskier position. Another tool used by the Italian state is indictment for ‘criminal conspiracy’, a charge historically used against the mafia.
The Italian government criminalises climate activists because by doing so it can continue avoiding its responsibilities regarding the wellbeing of its citizens. Accusing activists of vandalism is much easier than implementing renewable energy policies.
How does Last Generation support activists so they can continue mobilising for climate action?
Last Generation supports prosecuted activists by using funds from donations to pay their legal fees and hire experts to help them navigate court proceedings. We also share information about their cases on social media to gather international solidarity and support.
How do you connect with the global climate movement?
Last Generation is part of the A22 coalition, an international network of nonviolent civil disobedience campaigners, all of which demand their governments adopt measures to address ecoclimate collapse. The coalition was established in 2022 and it already includes at least 10 different campaigns advocating with governments in Europe, the Pacific and the USA.
Within the coalition we share not only strategies and best practices but also victories, such as that obtained in the Netherlands last month. In April, following months of continuous campaigning by our Dutch allies, Schiphol Airport decided to ban private jets and night flights from 2025. It is setting new rules that establish clear limits on noise and emissions and has dropped plans to build an additional runway.
This network is a great source of support. We help each other increase the visibility of our campaigns. It has certainly helped us attract more people to Non Paghiamo il Fossile (We Don’t Pay for Fossil) and other environmental campaigns in Italy and beyond.
Civic space in Italy is rated ‘narrowed’ by theCIVICUS Monitor.
Get in touch with Last Generation through itswebsite or itsFacebook page, and follow@ultimagenerazi1 onTwitter.
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ITALY: ‘Our legal action forced the authorities to act to protect nature and people’s health’
CIVICUS speaks about a recent biodiversity court victory in Italy with Francesco Maletto, wildlife and habitats lawyer at ClientEarth, an environmental civil society organisation that seeks systemic change through advocacy and litigation.
Why did you take regional authorities to court?
ClientEarth, together with Lipu-Birdlife Italy, took legal action against the authorities for failing to take action to protect Lake Vico from catastrophic pollution caused by intensive hazelnut cultivation. We challenged the Lazio region, the water authorities and the municipalities of Caprarola and Ronciglione for breaching several European Union (EU) and national laws by failing to take the measures needed to protect Lake Vico – an EU-protected Natura 2000 site – and the people who depend on its resources.
How did Lake Vico become polluted?
For the last 50 years, there’s been intensive hazelnut cultivation in the area, with plantations covering more than 21,700 hectares. This has resulted in dangerous levels of fertiliser entering the lake. The constant accumulation of toxic chemicals has killed nature and wildlife and made the water undrinkable.
An excess of nutrients in the water can trigger a process known as eutrophication, which leads to massive algae growth. The algae deplete the oxygen in the water and release carcinogenic chemicals that cannot be removed naturally. These toxins are harmful to the environment and human health. They can cause illness if ingested.
The authorities have declared the water undrinkable, but haven’t identified an alternative source of drinking water for people in Caprarola and Ronciglione. As a result, residents continue to have this water in their homes but are unable to consume it.
The environmental and health impacts of intensive hazelnut cultivation are not limited to Lake Vico; they are widespread throughout the region. Lake Bolsena, Europe’s largest volcanic lake and a popular tourist destination, also suffers from agricultural pollution that has begun to degrade the environment and water quality.
What has the Council of State decided and what must the Lazio region do to comply?
The Council of State has ordered the Lazio region to take immediate action to reverse the destruction of protected habitats. The regional authorities have been given a strict six-month deadline to take the measures needed to restore the lake’s protected habitats. The court recognised that the authorities had been aware of this problem for a long time, but had failed to act.
This ruling was the third and final in a series of successful legal challenges brought by ClientEarth and Lipu-Birdlife Italy against the Lazio region. We had previously successfully challenged the authorities’ failure to take action to improve drinking water quality and tackle harmful nitrate levels, as required by EU and national law. The Lazio region was ordered to establish a nitrate vulnerable zone and take action to clean up the water.
What are the implications of this decision?
The decision has significant implications. This is the first time a decision has been taken in Italy on the basis of Article 6(2) of the Habitats Directive, which sets out the specific measures that authorities must take to avoid the deterioration of natural habitats and the disturbance of species at a given site.
This is important for two reasons. First, because the Council of State has given a broad and progressive interpretation of the state’s obligations under this provision and set out in detail what the measures under this legal provision should look like. Second, because our legal action forced the authorities to act to remedy the situation. The Council of State ruled that, although the Italian authorities are free to determine the content of the measures to be adopted, they have to act when the law requires them to do so.
In the past it has been difficult to enforce obligations due to the authorities’ discretion in exercising their powers. This decision opens new legal avenues to enforce environmental and biodiversity obligations in Italy and other EU countries.
What are the next steps in the process?
The Council of State’s decision is final and cannot be appealed. It means the Lazio region is obliged to act within six months. We’ll continue to closely monitor the actions taken by the authorities to ensure they comply with the court ruling.
Civic space in Italy is rated ‘narrowed’ by theCIVICUS Monitor.
Get in touch with ClientEarth through itswebsite orFacebook page, and follow @ClientEarth onTwitter andInstagram.
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ITALY: ‘The constitution now contemplates the interests of future generations’
CIVICUS speaks with Edoardo Zanchini, National Vice President of Legambiente Onlus, about the recent legislative vote that introduced environmental protections in the Italian Constitution, and civil society’s role in making it happen.
Established in 1980, Legambiente Onlus is an Italian civil society organisation (CSO) that works towards a clean and liveable environment by monitoring environmental issues, diagnosing problems and offering solutions, denouncing environmental crimes and seeking to hold those responsible to account, running sensitisation campaigns and educational projects, and advocating with policy makers.
What is the significance of the recent constitutional amendment that mandates the state to safeguard ecosystems and biodiversity?
It’s very important because it elevates the protection of the environment, biodiversity and ecosystems to the constitutional level. Before this amendment, the Italian Constitution did not explicitly recognise environmental protection as a fundamental value. The new text of Article 9 establishes the principle of environmental protection ‘in the interest of future generations’, a reference to the concept of sustainable development, according to which natural resources cannot be exploited in an unlimited way – that is, without taking into account that they are finite and how this will affect those who will come after us.
A change to Article 41 also establishes that economic initiatives cannot be carried out in a way that could create damage to health or the environment. Before, the only constitutionally recognised restrictions were those related to security, freedom and human dignity.
Wording was also introduced regarding the ‘protection of animals’, and this was the only point around which there were strong disagreements: pressure from hunters’ associations was strong and led to a compromise.
Do you view the amendments as a civil society victory?
Yes, it was a victory for the CSOs that have long been committed to the defence of ecosystems, the landscape and biodiversity. These amendments would not have been introduced if it hadn’t been for the growing awareness of the importance of these values and the increasing interest in their defence. And that awareness is the result of sustained civil society work.
It has been a long road to reach today’s great consensus on environmental issues. And consultations with environmental CSOs in the amendment process were a key factor in that they helped put pressure on political parties to make the right decision.
The fact that nobody openly campaigned against the amendment proposal is very telling: it shows there is a broad consensus, stronger than any political divide, around values that are recognised as being in the general interest, even as part of the identity of local communities and Italy as a whole. Aside from the strong conflict around the protection of animals, it got to the point that those who have an interest in pollution continuing to be allowed or overlooked were very careful not to take part in any controversy.
Do you see the constitutional change in Italy as part of a European trend?
In recent years several European countries have amended their constitutions to explicitly include and strengthen environmental protection. In all countries there is a strong consensus around this perspective, with an increasing public demand for information on environmental issues and increasingly active citizens who take it upon themselves to get informed, visit protected areas and valuable landscapes, and organise to demand their preservation for future generations. Environmental associations from all over Europe have been working together for many years on issues such as natural resource protection, the push towards a circular economy and the battle against climate change.
We also frame our initiatives and campaigns in the context of our membership of regional and global networks such as the Climate Action Network, which includes over 1,500 CSOs in more than 130 countries in every global region, the European Environmental Bureau, which is the largest network of environmental CSOs in Europe, with over 170 members in more than 35 countries, and Transport & Environment, Europe’s leading clean transport campaign group.
What needs to happen next, both in terms of implementation and further policy development?
Now it will be necessary to update the regulatory framework to include protection measures that had so far not been considered. The new constitutional reference to environmental protection will also allow environmentalists to appeal against laws that are in contradiction with it. Of course, Italy will have to review all its regulations related to environmental impact assessments, which were established without taking into account the protection objectives that are now part of our constitution.
Civic space in Italy is rated ‘narrowed’ by theCIVICUS Monitor.
Get in touch with Legambiente Onlus through itswebsite or itsFacebook andInstagram pages, and follow@Legambiente on Twitter. -
ITALY: ‘The Sardines movement is all about building self-confidence in the progressive side of politics’
CIVICUS speaks to Andrea Garreffa, one of the founders of the Sardines movement (Movimento delle Sardine), a grassroots political movement that began in November 2019 in Bologna, Italy, in protest against the hateful rhetoric of right-wing populist leader Matteo Salvini.
What inspired you to begin this movement?
Regional elections were scheduled for 26 January 2020 in Emilia-Romagna, our home region – and when I say our, I refer to me and the other co-founders of the movement, Mattia Santori, Roberto Morotti and Giulia Trappoloni. On that moment there was a big wave towards the far right, represented by the League party and its leader, Matteo Salvini. There were very scary signs about the general political situation in Italy, one of which was the lack of respect shown to Holocaust survivor Liliana Segre, who was deported to Auschwitz and was the only survivor in her family. From the 1990s she started to speak to the public about her experience and in 2018 she was named senator for life. Segre received so many insults and threats on social media that in November 2019 she was assigned police protection. The situation was very scary; I am not ashamed to admit that I would often cry when I read the newspaper reporting such episodes.
How was the first Sardines demonstration organised?
As the election approached, my friends and I started thinking of a way to speak up and warn the League that the game was not over yet. We wanted to make this extremely clear, both to the far-right parties and to all citizens looking for a stimulus to empowerment. The League party had just won in Umbria and was announcing itself as the winner in Emilia-Romagna as well; they counted on this victory to destabilise the coalition government and return to power. We wanted to do something to stop that narrative. We started to think about this on 6 or 7 November 2019, just a week before Matteo Salvini, along with Lucia Borgonzoni, the League’s candidate to lead the regional government, kicked off their campaign with a rally at Bologna’s sports arena. We had in mind that the last time Salvini had come to Bologna he said that Piazza Maggiore, the main town square, could host up to 100,000 people, in an attempt to claim that was the number of people who attended his rally – something that is physically impossible, as only up to 30,000 very tightly packed people could actually fit into the square. In a way, we also wanted to draw attention to the information on the news and make sure he wouldn’t be able to cheat.
In short, our idea was to organise a flash mob-style demonstration on Bologna’s Piazza Maggiore, on the same day as Salvini’s rally, and we named it ‘6,000 sardines against Salvini’ because our aim was to gather around 6,000 people and our tactic was to show we were many – so we used the image of crowds of people squeezed together like sardines in a shoal. In the few days we had to organise it, we set the main narrative and prepared some templates that could be customised so each person was free to express themselves and be creative. Ours was a message that anybody could understand, and the actions required were something that anybody could do. We wanted to get rid of all the negative feelings linked to existing political parties, so the initiative was inclusive from the very beginning. It wasn’t linked to any party but rather open to anybody who shared its core values of anti-fascism and anti-racism.
We sent out an invitation, not just through Facebook, which of course we did, but more importantly, we went out to the streets to distribute flyers and talk to people, so people could understand that the event was real and it was actually going to happen. It was surprising that just two days after we had launched the Facebook campaign, we were handing out flyers and people would say that they already knew about the event. Word of mouth worked incredibly well; in my opinion, this reflected a very strong need among people to do something to ensure Matteo Salvini did not win in Bologna and in Emilia-Romagna. People understood and felt the importance of this election. During the summer Salvini had destabilised the national government by ‘showing off’ in Milano Marittima, claiming pieni poteri – ‘full powers’, an expression used by Mussolini back in the day. Citizens could not stand the risk of such a poor show taking place again and really felt the call to action when the far-right propaganda started spreading messages such as ‘Liberiamo l’Emilia-Romagna’ (Let’s free Emilia-Romagna), as if people had forgotten their history lessons: the region had no need to be freed because that had already happened, at the end of the Second World War. People felt disrespected in their intelligence, and we stood up to make that visible and tangible. People are less stupid than what people in power tend to think.
How did you know people would come?
We had no clue. On the night of 14 November we found ourselves surrounded by this incredible crowd – the media reported there were 15,000 people – and we couldn’t quite believe it.
We had expected a number of people to attend; we started to believe in the success of the initiative when we saw that from day one we were achieving every goal we set for ourselves. For example, we set up the Facebook page with the initial goal of reaching a thousand people, and the next day we were already more than three or four thousand. That was mostly for two reasons: firstly timing, as people were ready for an initiative like this, and secondly, the fact that we live in Bologna, so we know a lot of people and could easily spread the message.
But on 14 November nobody knew what was going to happen. We told people there would be a surprise and managed to keep it secret until everybody had gathered, and at 8:30 pm we played a song by Lucio Dalla, Com'è profondo il mare, which translates as ‘how deep is the sea’. In one part of the song, the lyrics say that we are many, and we all descend from fish, and you cannot stop fish because you cannot block the ocean, you cannot fence it. This built up a lot of emotion, and people even cried because it was very powerful and could not believe it was happening for real. Older people felt young again, living emotions they thought lost forever in the 1970s. Young kids had the opportunity to participate in a massive and joyful party, which made them question the fact that politics is all boring and unemotional. I think the whole wave that came afterwards was born that first night. It built up from that initial emotion. We were not 6,000 but many more, and we sent out the message that the game was far from over and Salvini could not yet claim victory. This was key: whatever sport you play, if you enter the field thinking you are going to lose, you’ll lose. This was the general mood among left-wing parties and progressive citizens. We did what we could to make ‘our team’ believe in itself and its chances of victory. We may say that the Sardines movement is all about building self-confidence in the progressive side of politics.
Who organised all the demonstrations that followed?
The emotion of the first demonstration spread thanks to an impressive picture taken from the municipality building, which shows a red minivan surrounded by thousands of people. The picture spread all over the internet and social media. It helped focus a lot of attention on the regional election. All the international media was there so we offered them the image and that was the start of everything. The picture reflected the fact that something big was going on, so when people from other cities and even from other countries started trying to contact us, we set up an email address so anybody could reach out to us.
We shared our experience and explained to anyone who contacted us how we set everything up in just six days: how we requested the permits for the gathering and for playing the music, how we took care of people, those things. We then organised all the information to share with whoever wanted to do something similar somewhere else. We also registered the name of the initiative, not because we wanted to own it, but to prevent its misuse and protect its underlying values. We spent hours and days on the phone with people from all around Emilia-Romagna, and then from other regions, until the movement was so big that we were able to announce a massive demonstration to be held in Rome in December.
For the Rome event we didn’t even have to do much, because there were people in Rome organising the demonstration by themselves, and we were invited to attend as guest speakers. That was actually a strength, because this wasn’t people from Bologna organising an event for Rome, but people from Rome organising themselves, mobilising their friends and neighbours and inviting people to join.
Right before the elections, on 19 January, we organised a big concert in Bologna, aimed at encouraging electoral participation. We didn’t want to pressure people to vote for this or that party, but rather encourage participation. Indifference had prevailed in the previous regional elections, and only 37 per cent of potential voters made use of their right. The higher turnout we achieved this time around, when 69 per cent of people voted, was by itself a victory of democracy.
You mentioned that the movement spread both nationally and internationally. Did it also establish connections with other justice movements around the world?
The movement reached an international scale in the very beginning, thanks to Italians living abroad who were reading the news, understood what was going on and got in touch with us. We reached out to people in dozens of major cities in countries around the world, including Australia, The Netherlands and the USA.
That was the first step towards reaching international scale, and also the reason why the four of us were then invited to participate in the Forum on European Culture, held in Amsterdam in September 2020. We attended the festival and had the opportunity to meet representatives from Extinction Rebellion in the UK, the French Yellow Vests, Million Moments for Democracy, a protest organisation in the Czech Republic, Hong Kong’s Demosisto and Black Queer & Trans Resistance, an LGBTQI+ organisation in The Netherlands. We connected with other realities and learned about other movements. We started talking and dreaming about an event to bring together a wide variety of protest movements in the coming months or years, after the COVID-19 pandemic is over. We are now open and curious to find out what others are doing, but we remain independent. We do our thing, they do their own, and we collaborate when we get the chance.
The 6000 Sardine Facebook page displays various expressions of solidarity with movements such as the pro-democracy movement in Belarus, #EndSARS in Nigeria and Black Lives Matter in the USA. Do you organise in solidarity with them?
What we have done is get in touch with those movements, if possible, and let them know that we are going to send out a communication of solidarity, but that’s about it. We are busy enough trying to set up an organisation of our own to invest energy in trying to follow and understand what others are doing to build their own.
We also have a common agreement that the movement is not the Facebook page, but a lot more. To us, Facebook is a communication channel and a useful way to spread messages, but it’s not the core of the movement. Sometimes it functions rather as a billboard where people share and exchange things, and not everything there is the result of a joint, organisation-level decision. To be honest, sometimes I open our Facebook page and I do not necessarily agree with everything that I see there. And this happens because of delegation of tasks and openness to participation.
What are the goals of the movement now, and how have they evolved?
We have given this a lot of thought because it all started as a spontaneous thing that was specifically related to the elections but then continued to grow. So we felt responsible for handling all this energy. We did our best to spread the right messages while not feeding illusion. We are still the same people we were last year, regardless of the experiences we went through, but we were not prepared for all of this. Day after day we learned how to deal with the attention, the media and everything that came with it. We focused on the need to set goals and a vision.
We were at it when then the COVID-19 pandemic struck. On one hand it was very negative for us, as we couldn’t keep mobilising, but on the other hand it turned out to be a strange kind of positive, because it forced us to slow down. We took advantage of the lockdown to do the only thing that we could do: sit down and think. We managed to put together our manifesto, which was the result of multiple debates within our inner circle.
The manifesto was a milestone, and our next steps were to try and make each of its articles visible and tangible in real life, which is what we are focusing on now. Following the metaphor of the sea, after the high tide came the low tide, which is more manageable, and we are trying to nurture the movement so it grows from the roots, more slowly but less chaotic and unstable. We try to be a point of reference to anyone who is looking for progressive ideas, without being a party but pointing out the direction.
I would like to stress the fact that we started this movement with the idea that we should not point fingers at politicians or parties but ask ourselves what we are doing to bring into the world the change that we want. This means we don’t exclude approaches focused on little things such as taking care of your own neighbourhood. We include this kind of approach as well as more ambitious ones such us setting up the direction for progressive left-wing parties. We consider both approaches to be valid.
We don’t exclude any discourse that converges with ours and upholds our core values. For instance, right now there is a lot of talk about how progressive the Pope is, so we are inviting people to talk about that, not because we are a religious movement but to spread the kind of positive messaging that is currently quite difficult to find in the political arena.
A few months ago, we organised our first School of Politics, Justice and Peace. We held it in a small town, Supino, because it better fitted the model of local self-organisation that we want to promote. We invited people who are involved in the political arena to interact with activists in their 20s. The idea was to merge those worlds to create the kind of communication that social media platforms lack. We want to create opportunities for progressive people to meet with others and talk, not necessarily to find the solution to a specific problem but to make sure that there is a connection between people with decision-making power and people who are interested in participating and changing things, but don’t really know how.
How did you keep the movement alive while in COVID-19 lockdown?
We invited people all over Italy to focus on the local level because it was the only thing they could do. And we set the example to be credible to others. Many people in Bologna put their energy at the service of others, for instance by going grocery shopping for those who couldn’t leave their homes and getting involved in countless local initiatives, movements and associations. We encouraged this, because it was never our goal to replace existing organisations, but rather to revitalise activism and involvement in public affairs.
But we did ask people to stay in touch, so we would have calls and organise specific events. For example, for 25 April, Liberation Day, we launched an initiative in which we shared clips from movies showing resistance to fascism and Nazism during the Second World War and invited people to project them out of their windows and onto neighbouring buildings, and film the event. We collected the recordings and put them together into a video that we disseminated on social media. Our core message was that we could all be present even if we could not physically get out.
In early May we also organised a symbolic flash mob in Bologna’s Piazza Maggiore: instead of people we lined up around 6,000 plants, which we went on to sell online. Our volunteers delivered them by bike, and all the funds we collected went to the local municipality, which had committed to invest the full amount, matched one to one with their own funds, to support cultural events over the summer. Before delivering the plants, we staged an artistic performance on the square; then we moved the plants around to draw the shape of a bicycle on the floor. As a result of this initiative, we not only marked our presence in a public space but also channelled about €60,000 (approx. US$69,800) towards cultural events. Later on, people from all over Italy either replicated the initiative or told us they were interested in doing so; however, some couldn’t because it involved some complex logistics.
And then one day the municipality told us that they had some unused plots of land that could potentially be turned into garden blocks and offered them to us. We organised volunteers who wanted to work on them so now these have become garden blocks in which vegetables are grown. People who invest their time and effort to work in these gardens keep half the produce for themselves and give the other half to communal kitchens that help people who cannot afford to buy food.
Even under lockdown, we thought of Bologna as a lab where we could implement and test our ideas and encourage other people to do the same, by either replicating our initiatives or trying something different to see what happens. If you try things that are potentially replicable and easy for others to implement, and many people follow through, then you can achieve change on a considerable scale.
Civic space in Italy is rated as ‘narrowed’ by theCIVICUS Monitor.
Get in touch with the Sardines movement through itswebsite orFacebook page. -
ITALY: ‘We anticipate hostility towards civil society working on human rights’
CIVICUS speaks about the recent Italian election with Oiza Q Obasuyi from the Italian Coalition for Civil Liberties and Rights (CILD).
CILD is a national network of civil society organisations (CSOs) working to protect and expand civil rights and freedoms by running public campaigns for policy change, advocating with governments and international bodies and taking cases to court.
What are your main takeaways from the recent Italian election?
The first thing to note is that a significant number of people – one in three – did not vote. One big reason for this is the increasing lack of trust in political institutions. This is important to consider in the face of Giorgia Meloni’s claim that she won thanks to the vote of all Italian citizens – which is not true.
I personally think that left-wing parties have become increasingly distant from the masses, and especially the working class, which is now significantly underrepresented. The left should be working not only on civil rights but on social rights too: if the far right manages to convince even part of the working class to vote for it by using racist and anti-immigration propaganda, this means the left is not doing what it is supposed to do: campaigning for the social and civil rights of the worse-off, including working class people, low-wage earners, students, women and LGBTQI+ people.
We are experiencing an economic crisis that is affecting the lower classes deeply. Inequalities have become unbearable and political institutions keep ignoring protest demands, be they from the Insorgiamo (‘We are rising up’) movement for workers’ rights or Fridays For Future Italia,which continues to call out the government for its inaction on climate change.
In a context where there is no political force on the left reacting to these demands and promoting policies to protect and promote these basic rights, the fact that people have voted for a far-right candidate such as Giorgia Meloni shouldn’t surprise us.
How did civic space conditions evolve in the run-up to the election?
Hate speech and disinformation played a significant role during the campaign. Meloni’s entire propaganda is based on ultraconservative beliefs that she pushes by instrumentalising half-truths, a distortion of the facts and outright lies.
Even though she has said she would not repeal Law 194, which protects the right to abortion, Meloni has repeatedly joined so-called ‘pro-life’ conferences organised by ultra-catholic and conservative associations, along with her League party colleague Matteo Salvini. She has often stated that children need a father and a mother and that’s the only type of family that has the right to exist, to the detriment of LGBTQI+ couples who continue to fight to have the same rights as heterosexual couples.
To back her claims, Meloni often passes off prejudice as scientific fact and brings up conspiracy theories about ‘gay lobbies’ trying to indoctrinate children with their so-called ‘gender agenda’.
In addition, during her campaign Meloni referred to drugs and alcohol as ‘youth deviations’. I think she will use these issues as yet another way to curb citizens’ civil rights. This can be expected in the light of her framing of drug-related issues as criminal rather than, say, health issues, particularly when the people concerned are of foreign descent.
How significant is it that Giorgia Meloni downplayed her fascist heritage?
I don’t think that makes her less of a threat. She has strong links with Hungarian far-right president Viktor Orbán, who is well known for his racist and illegal anti-migrant policies that systematically push migrants back at the border and his hostility towards LGBTQI+ people and more generally, towards any CSO working for the protection of human rights.
Meloni’s entire propaganda was based on similar grounds, with a strong sense of nationalism and conservatism that derives from her party’s fascist past – not to mention her belief in the so-called ‘great replacement’ theory, a conspiracy theory that believes there is an ongoing plan to bring in more and more immigrants until white Europeans disappear from the continent. That is why, according to her, immigration must be stopped.
How do you think the advances made by the far right will impact on the rights of excluded groups?
I think we will face a situation in which it will be extremely hard to push for positive laws and policies that protect everybody’s social and civil rights.
Italy is one of the few countries in the European Union that does not have a law that specifically protects LGBTQI+ rights. A proposed bill against homophobia, transphobia, biphobia and lesbophobia, popularly known as DDL Zan, was not passed.
There is also a possibility that migrants’ right to request asylum could be further restricted, given Meloni’s hostility towards immigration and the current situation with the decreti sicurezza – decrees on security and immigration – issued by Matteo Salvini when he was Minister of the Interior between 2018 and 2019.
Even though the current Minister of the Interior introduced ‘special protection’ for migrants, humanitarian protection was abolished and access to accommodation was extremely restricted by Salvini. His successor made some revisions to his policies, but various elements continue to raise concerns. The decision to allow the revocation of Italian citizenship of foreign-born Italians deemed a threat to national security was not questioned, although the process was amended.
For 30 years, civil society has demanded citizenship law reform to guarantee access to Italian citizenship for people of foreign descent who were born or raised in Italy. There are over 800,000 such people, many of them children. They are de facto Italian citizens, but they’re not legally recognised as such. Although there have been left-wing governments that could have pushed toward reform, we still have an obsolete law based on jus sanguinis, or citizenship by blood, and it is very unlikely that a Meloni-led government would change that.
As for our work, we anticipate hostility towards CSOs working on human rights, if the government goes down the same road as her ally Viktor Orbán did in Hungary.
What kind of domestic and international support does Italian civil society need to continue doing its work?
We need active support from European and international civil society as external observers, especially when international institutions are involved and called to scrutinise potential human rights violations and civic space restrictions.
Economic support is also important: during their previous government, right-wing parties proposed to economically support police forces through 5x1000 funds, which is one of the fundamental ways in which CSOs fund their work, thanks to part of the money citizens voluntarily donate when filing their tax declarations. If this proposal becomes reality, then many CSOs will suffer budget cuts.
Civil society must also stay vigilant on women’s reproductive rights, under the constant threat of new patriarchal and sexist laws to either make access to abortion more difficult or ban it completely. We must also ensure that civil rights protection goes hand in hand with social rights protection: poverty, unemployment and low wages are major problems that affect many vulnerable communities.
Civic space in Italy is rated ‘narrowed’ by the CIVICUS Monitor.
Get in touch with the Italian Coalition for Civil Liberties and Rights through itswebsite orFacebook page, and follow@Cild2014 and @OizaQueensday on Twitter.
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KOSOVO: ‘Civil society has done most of the effort when it comes to dealing with our recent history’
CIVICUS speaks about intensifying inter-ethnic violence in north Kosovo and civil society’s ongoing peacebuilding efforts withBjeshkë Guri, coordinator of the ‘Dealing with the Past’ programme atYouth Initiative for Human Rights Kosovo (YIHR-KS). Founded in 2004, YIHR-KS is a civil society organisation (CSO) workingto protect and promote human rights and democratic values with a focus on transitional justice and strengthening the role of young people at the local and regional levels.
What’s the current security and human rights situation in Kosovo?
The security and human rights situation in Kosovo is complex and multi-faceted. While Kosovo’s Constitution ensures robust human rights protection and incorporates several international human rights mechanisms into its legal framework, inconsistent law implementation creates a fertile ground for rights violations to flourish. Unfortunately, violations persist across many domains, with discrimination and violence against women, LGBTQI+ people, children and non-majority communities being prevalent issues.
In recent years, ethnic violence has increased in north Kosovo, triggered by the implementation of ID and licence plate regulations in 2022. These policies increased tension and ultimately led to Kosovo-Serbs resigning from public institutions and boycotting local elections. Violent clashes were reported in north Kosovo between Kosovo-Albanian police factions and peacekeeping soldiers on one side and Kosovar Serbs on the other. On 24 September, an attack unfolded at Banjska Monastery involving around 30 armed people from Serbia and the Kosovo-Serb community. The incident resulted in a fatal shootout that killed one Kosovar police officer and three attackers. This has heightened tensions further and created a fragile political and diplomatic situation between Kosovo and Serbia.
Political leaders, driven by nationalist propaganda, foster social divisions between two ethnic groups. The risk of secession in north Kosovo, if not properly addressed, would pose a precedent for other separatist conflicts and cause destabilisation in the whole Balkan region. Russia’s war against Ukraine has changed the geopolitical landscape and the stability paradigm in Europe. This created an even greater need to extinguish local conflicts and prevent their recurrence, particularly between Kosovo and Serbia.
What should be done to normalise relations between Kosovo and Serbia?
Serbia’s non-recognition of Kosovo’s independence since 2008 has created obstacles against normalising relations between the two states and induced an economic blockade as well as presenting international diplomatic challenges. The normalisation of relations requires a process of social change alongside the implementation of agreements and resolution of underlying problems, such as the establishment of an association of Serb-majority municipalities and the enhancement of institutional functionality in north Kosovo as well as the recognition of Kosovo’s sovereignty by Serbia.
Civil society on both sides constantly works to improve the situation through a range of initiatives, including continuous support in the negotiation process. However, deteriorating political relations are exacerbating public tensions. As a result, CSOs in Kosovo have difficulties in engaging with communities that are predominantly Kosovo-Serbian.
What are relations between the Kosovo-Albanian and Kosovo-Serbian communities like?
The war in Kosovo claimed thousands of lives and destroyed the social fabric, replacing it with hatred and isolation. The rupture in communication between most Kosovo-Albanians and Kosovo-Serbs has made the two communities closed and isolated, seeing each other as enemies. Children are often brought up in fear and unaware of the wider context and problems shared by all communities in Kosovo. The influence of media, nationalist organisations and an aggressive environment pressure young people to take sides and view ‘the other’ as the cause of all problems. Ignorance about each other is the source of the prejudices and hostility that persist to this day.
An important factor lies with the education system. Various nationalist narratives are perpetuated through history books, as evidenced by an analysis we conducted in 2017. Kosovo-Serb young people learn from history books produced by the Serbian government, which barely mention the Kosovo War and portray Serbian people as the main victims. Xenophobic language has created isolation, prejudice, lack of trust and a feeling of insecurity in both communities.
How is YIHR-KS working toward reconciliation and peacebuilding in Kosovo?
Compared to political institutions, Kosovar CSOs have done most of the effort when it comes to dealing with our recent history. Over the years, the Kosovo government initiated efforts related to transitional justice, including the establishment of an inter-ministerial working group to develop a national strategy on transitional justice, a preparatory team for a Truth and Reconciliation Commission and a War Crimes Institute. Unfortunately, these initiatives became politicised and to this day Kosovo hasn’t been able to implement a comprehensive transitional justice strategy.
To address the current polarised situation, YIHR-KS launched the ‘Dealing with the Past’ programme, aimed at building a collective memory and lasting peace in Kosovo and the Balkan region. We conduct workshops and memory initiatives aimed at educating young people about the Kosovo War and providing them with opportunities to connect with peers from ‘the other side’.
One notable initiative is the Virtual Museum of Refugees, a digital archive featuring stories of forcibly displaced people. By collecting and sharing refugee interviews, this archive helps preserve memory and provides a basis for the understanding of Kosovo’s past through personal stories. It’s also a platform for refugees to connect with others who may have undergone similar experiences and thus foster a better understanding among survivors of what happened in the war. The museum challenges ethno-nationalistic narratives and builds a shared vision for reconciliation.
We facilitate residential and regional exchanges for young people from Kosovo-Albanian and Kosovo-Serbian communities so they can share experiences, ideas and opinions and learn about transitional justice, intercultural dialogue and negotiation skills. We also organise visits to sites where war crimes occurred against both Kosovo-Albanians and Kosovo-Serbs for them to hear stories from victims’ family members. This experience is transformative because it bridges gaps created by propaganda, which is based on concealing crimes committed against the ‘other’ group.
Every year we conduct street actions to commemorate the International Day of the Victims of Enforced Disappearances and the National Day of Missing People. We use these to demand greater commitment and engagement from the government of Kosovo to seek truth and establish justice for over 1,600 missing people of all ethnicities.
We closely cooperate with all YIHR offices in the region, and particularly with Serbia’s due to our shared and troubled past. Together with YIHR Serbia, we issue joint statements and are vocal about the human rights violations committed in the 1990s Balkan wars and the present political and social tensions.
What further international support does Kosovar civil society need?
Civil society activities in Kosovo have significantly expanded over recent years, creating space for policy advocacy and the promotion of transparency and democratic ideals. However, despite the large number of CSOs addressing pressing issues, there is a lack of funding for activities.
We need further support in facilitating the European Union (EU) integration agenda, aligning Kosovo’s legal system with the Community acquis – the accumulated legislation, legal acts and court decisions issued since 1993 that make up EU law, strengthening democratic values and promoting a safe and equal environment for everyone living in Kosovo.
Kosovo would also significantly benefit from joining the Council of Europe. This would enable access to expertise and resources to advance the transitional justice agenda and encourage a victim-led approach.
Civic space in Kosovo is rated ‘narrowed’ by theCIVICUS Monitor.
Get in touch with YIHR-KS through itswebsite or itsFacebook page, and follow@YIHRKosovo on Twitter.
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KOSOVO: ‘Civil society plays a crucial role in maintaining communication in difficult times’
CIVICUS speaks with Milica Andric Rakic, project manager at New Social Initiative (NSI), about intensifying inter-ethnic violence and deteriorating civic space in Kosovo.
NSI is a civil society organisation (CSO) that seeks to empower non-majority communities to participate in Kosovo’s social and institutional life and increase trust among communities by helping people to deal with past events and promoting the normalisation of relations between Kosovo and Serbia.
What’s the current human rights and security situation in Kosovo?
The situation in Kosovo is highly volatile. Kosovo declared independence from Serbia in 2008, but to this day Serbia doesn’t recognise Kosovo as an independent state and continues to claim it as an autonomous province of Serbia. The longstanding impasse in negotiations is straining inter-ethnic relations within Kosovo, between Kosovar Serbian and Albanian communities. Unlike past tensions that eventually subsided, the security situation has steadily worsened over the past two years.
Human rights are generally upheld in Kosovo, although rather selectively. For example, successive governments have refused to implement constitutional court decisions regarding the ownership of an Orthodox monastery’s extensive land and the establishment of an association of Serbian-majority municipalities, two longstanding demands of the Kosovo Serb community. There have been break-ins at Orthodox churches and police arrests of Kosovar Serbs without a prosecutor’s order. While the overall human rights situation isn’t bad, there are specific areas where the government fails to respect the law and court orders.
What was the significance ofviolence in Banjska on 24 September?
The attack occurred in the context of increased tensions in north Kosovo, which included the resignations of thousands of Kosovar Serbs working in the public sector, including the mayors of four municipalities. On 24 September 2023, Serb militants carried out an attack against the Kosovo police in the village of Banjska, in north Kosovo.
North Kosovo’s population is 90 per cent Serbian but its police force is mainly Albanian, which leads to a level of mistrust and tensions that pose a threat of violence. Those involved in the attack had a secessionist political agenda. While secession isn’t an imminent threat, it’s definitely a motivating factor, and many on-the-ground processes have had a disintegrative effect.
What role is civil society playing in normalising relations between Serbia and Kosovo?
It seems that civil society has been the only healthy player in Serbian-Albanian relations. It has played a crucial role in maintaining communication in difficult times. We’ve acted as mediators between the international community and Kosovar and Serbian governments, trying to understand the perspectives of all sides.
From 2011 to 2017, effective dialogue and integrative processes were underway, albeit with slow implementation and numerous challenges. The European Union (EU) played a special facilitating role in the negotiations, motivating both sides through the promise of potential EU membership.
But now the only trend we are witnessing is towards disintegration. The lack of proper dialogue over the past two years indicates a need for a political change on at least one side to move the process forward.
How is NSI working towards peacebuilding in Kosovo?
As an umbrella organisation, we engage Kosovars in inter-community dialogue through various projects. One initiative promotes reconciliation by creating connections and fostering cooperation among young Kosovar Serbs and Albanians. As there are limited organic opportunities for them to meet, the responsibility for creating personal inter-ethnic ties lies largely on the shoulders of local CSOs. If a Kosovar Serbian and an Albanian know each other, there’s an 80 per cent probability that they’ve met at a civil society activity.
Another programme focuses on multiculturalism and bilingualism. Albanian and Serbian are both official languages in Kosovo, and our goal is to increase social acceptance and promote the learning of both. For almost 40 years we haven’t been taught each other’s language in school, which has led to a significant linguistic gap. It should be noted that Albanian and Serbian are very different languages and can both be challenging to learn.
We have a transitional justice programme, where we collaborate with associations that represent various categories of war victims, including families of missing people and internally displaced people. This regional project involves Kosovo, North Macedonia and Serbia. We support these associations to expand their work from truth-seeking to regional reconciliation, simultaneously enhancing their financial sustainability by securing funding for new projects. We have also participated and proposed policies in the Ministry of Justice’s working group to draft a national strategy for transitional justice.
Moreover, we’ve organised diverse artistic activities, including a joint photo exhibition, ‘All Our Tears’, in which photographers captured images of war victims in Kosovo, North Macedonia and Serbia. The exhibition was showcased in cities including Kosovo’s capital Prishtina, Serbia’s capital Belgrade and at the Council of Europe in Strasbourg. Additionally, we have supported regional theatre projects that raise transitional justice issues through performance.
What challenges do you face in doing your work, and what further support do you need?
There has been a significant narrowing of civic space in Kosovo, marked by delegitimising campaigns targeting CSOs, political opponents and critics of the government, mainly through online harassment. Our organisation, along with some staff, has faced such attacks.
Engaging with the government on policy matters has been challenging, as our recommendations regarding the Kosovar Serb community are often ignored or poorly implemented. It’s evident that the government’s outreach to the Kosovar Serb community is influenced more by international pressure than a genuine willingness to engage. The contacts we maintain with government representatives are often facilitated by outside parties, either from embassies or European think tanks that hold roundtable discussions where we can directly discuss issues of the local Serb community with the government.
Kosovar civil society has sufficient funding opportunities. What we really need is support to maintain our relevance, especially when governments attempt to exclude CSOs from political decision-making processes. Whenever there’s an attempt to narrow civic space, the international community should demonstrate that it’s willing to support local CSOs, signalling their importance and thereby putting pressure on the government to take them into consideration.
Civic space in Kosovo is rated ‘narrowed’ by theCIVICUS Monitor.
Get in touch with New Social Initiative through itswebsite or itsFacebook page, and follow@NSIMitrovica and@AndricRakic on Twitter.
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LATVIA: ‘Faced with hatred, we focus on delivering a human rights message’
As part of our 2018 report on the theme of reimagining democracy, we are interviewing civil society activists and leaders about their work to promote democratic practices and principles, the challenges they encounter and the victories they score. CIVICUS speaks to Kaspars Zālītis about the challenges faced by LGBTI people in Latvia, and the actions undertaken by civil society to broaden civic space for sexual minorities and therefore to make democracy truly inclusive. Kaspars is the director ofMozaika - Association of LGBT and their friends, currently the only LGBTI rights civil society organisation (CSO) in Latvia. Established in 2006, Mozaika promotes gender equality and anti-discrimination; raises awareness of diverse sexual orientations, gender identities and expressions of identity;promotes an understanding of diverse family models and their legal recognition; and advocates for the harmonisation ofLatvian laws with international standards.
1. What is the current situation of LGBTI rights in Latvia?
On the International Lesbian, Gay, Bisexual, Trans and Intersex Association’s ILGA-Europe Rainbow Map, which measures each country’s respect for LGBTI rights, Latvia ranks 40th within Europe, and last of all European Union (EU) member countries. In turn, the CIVICUS Monitor has reported several restrictions of civic space in Latvia. CSOs working on controversial topics are being targeted, and civil society has found it increasingly difficult to gain access to policy-makers. Mozaika has tried to lobby politicians and policy-makers for years, but they often prefer to meet in private rather than attract any attention that can lead to attacks from right-wing activists and politicians.
The political climate is hostile for sexual diversity and for diversity as a whole. ‘Moral upbringing’ amendments introduced into the Education Law in 2015 - which mandate schools to promote ‘family values’ and marriage as part of education - have been implemented through the publication of guidelines that have caused fear among teachers of negative reactions if they touch on any LGBTI issues, and sexual and reproductive rights issues more generally. In 2016, a schoolteacher whose students had requested her to start a Gay-Straight Alliance was asked to refrain from doing so, and another teacher faced calls that he should close all his social media accounts so that students wouldn’t see his ‘LGBT-friendly’ attitudes - in other words, he was asked to hide his sexual orientation. Legislators bashed him on social media and insinuated that he was ‘recruiting’ children.
In March 2018, parliament was quick to dismiss a Cohabitation Bill that would have granted basic rights to non-married couples, including same-sex ones. It did so on the grounds that couples could access these rights by getting married, even though the Latvian Constitution prohibits same-sex marriage. The initiative had started three years earlier through an online petition that gathered 10,000 signatures, which was why parliament had to consider it.
2. What is the role of religious groups in this?
Indeed. The Catholic Church has a lot of influence, and it is taking the lead in fighting the LGBTI community and pushing back against women’s rights. For instance, there has been a lot of disagreement over the ratification of the Council of Europe Convention on preventing and combating violence against women and domestic violence, also known as the Istanbul Convention, and parliamentary debate on the issue has been postponed until after parliamentary elections are held in October 2018.
Church leaders and many public officials oppose ratification of the Istanbul Convention because one of its non-discrimination clauses concerns sexual orientation and gender identity. The Catholic Archbishop is rallying against it and has gathered considerable support among political parties and parliamentarians. He has managed to convince them that ratification is part of the secret agenda of so-called ‘genderists’ – an expression that originated in Russia, a country with a very strong cultural influence in Latvia. Church officials, right-wing activists and politicians and anti-LGBTI and anti-abortion groups depict the Convention as contrary to Latvian traditional values and as being aimed at over-sexualising and ‘converting’ children. These arguments are gaining ground among the public.
This rhetoric is not the exclusive preserve of the Catholic church: the Lutheran church, which is the largest Protestant church in Latvia, is also taking a lead in fighting us and the Istanbul Convention. This is quite strange, because Lutherans, prevalent in Nordic countries, tend to be more liberal. But in Latvia they even voted against having female priests, following the lead of the Catholic church. Additionally, new religious organisations with direct links with US evangelical groups are emerging. Some of their leaders have been trained in the USA and are quite good at influencing people.
Although religious leaders and organisations don’t have a direct and institutionalised role in policy-making, given that the Latvian Constitution establishes a separation between church and state, in practice they have a lot of influence. Church-state separation notwithstanding, the state has a religious advisory council, as does the City Council. It is not uncommon for the Catholic Archbishop to meet with the ruling coalition’s leading party, and for the party’s leader to then say that he has ‘consulted’ with the Catholic church and has decided to vote in one way or another. You can see a direct link because all this happens in public.
We, on the contrary, don’t have access to leading politicians because they are not willing to risk their reputations by meeting us in public. At the most, we can expect to have a private meeting here and there. This has a lot of impact on us, especially as we see the religious right rise all over Europe. Religious organisations and right-wing parties are increasingly organised and coordinated to fight against gender equality and LGBTI rights at the European level, and they are getting a major influx of resources from the USA. They have way more resources than we do, and their message also resonates better with the latent homophobia in Latvian society, which is becoming increasingly vocal. And after the Brexit vote and the Trump victory, they are emboldened. The latest developments in Hungary and Poland are also proof to them that they may be closer to winning.
3. Has this discourse penetrated the media?
Most definitely. Our media landscape is quite pluralistic, and the state channel and public broadcaster at least try to provide balanced coverage. But some media outlets are outright hostile towards LGBTI groups, and one of them, a Russian outlet with a major agenda against the rights of women, migrants, refugees and LGBTI people, is clearly leading a crusade against us.
Vilification of women’s and LGBTI rights groups is also increasingly taking place online. We are now constantly harassed on Facebook. At some point we realised these were not the usual people who used to attack us and we did some research to find out where the attacks were coming from, and found links to evangelical churches.
Since January 2018, Mozaika has reported over 200 posts that are openly homophobic to social media administrators, and most of them have been taken down and their authors temporarily or permanently blocked. This caused all Mozaika activists to be blocked from accessing certain groups and pages, and we have evidence that a number of secret Facebook and WhatsApp chat groups have been created to follow our activities.
4. Can you tell us more about the significance of Pride in Latvia and the Baltic Pride that was recently held in the capital, Riga?
Pride in Latvia is the most visible LGBTI event in the country. It draws widespread social and media attention to our cause, but it also attracts a large number of expressions of hatred and brings to the surface negative attitudes towards the LGBTI community. Pride in Latvia grew from 70 participants who faced 3,000 protesters in 2005, to 5,000 participants at EuroPride 2015, which was held in Riga, and 8,000 in the recent Baltic Pride. In between, it was banned by Riga City Council three times.
Mozaika applied for permission to hold Baltic Pride in February 2018. Latvian laws state that applications must be submitted no earlier than four months prior to the event and that if there is more than one application for an event to be held at the same time, priority will be given to the first applicant. Mozaika’s representative arrived at Riga City Council an hour before opening to make sure that Baltic Pride was the first applicant, and just seconds after he entered the building Antiglobalists, an anti-rights organisation, arrived to submit another request for an event that would take place at the exact same time and venue, but under the name “Promotion of paedophilia, zoophilia, necrophilia and other perversions.” They wanted to make the statement that if ‘homosexuals’ can promote their ‘perversions’, then they should also be allowed to promote any other perversion they could think of.
Since it became known in late 2017 that Riga would host Baltic Pride, both Mozaika and Baltic Pride became targets. The leader of the Latvian Green Party-Riga Unit started a //medium.com/@juriskaza/latvian-science-fund-head-asks-to-ban-riga-pride-event-87173b6e2cbe">personal campaign against so-called ‘genderists’. He insisted that Baltic Pride should be banned and set up a Facebook page to ‘inspire’ activists for ‘traditional values’. Starting in January, Baltic Pride organisers received over a hundred personal attacks, warnings or threats. We were insulted, called sick and branded perverts on our Facebook pages on a daily basis. Hate campaigns were launched to convey the idea that Pride is a ‘sex festival’. Countless posts were made showing rainbows and guns, to create fear among potential participants and the LGBTI community and dissuade them from attending. Antiglobalists, Tautas tiesību kustība (National Rights Movement) and activists inspired by right-wing politicians also constantly posted statements to encourage others to stand against Baltic Pride. Sometimes they provided details about our activities, forcing us to restrict them to registered participants to ensure safety. We also had to take unprecedented security measures for Pride events.
Fortunately, we could find common ground and work closely with the police. Counter-protesters attack and humiliate the police, but we treat them with respect. No public official or security officer supporting us would ever say so publicly, but we have been able to work together behind closed doors. In the end, Baltic Pride was a great success. We would have considered it a success if 2,000 people had attended, but over 8,000 did. There were no major incidents, although at some point eggs and smoke bombs were thrown at participants.
5. How do you counter the anti-rights message?
We focus on delivering a human rights message. We never blame the church or call anyone by name - we don’t talk about them. We counter argument with argument, and fiction with facts. If they say that perverts will march, we state the fact that 70 per cent of those ‘perverts’ are straight people with children. Against arguments that ‘naked people’ will march, we simply say we don’t know what Pride they are referring to because we have never had people marching naked in Latvia. When we are called perverts, we thank them for their opinion but insist that we want to have a conversation within a human rights framework. That is, we don’t want to limit anyone’s rights and we want to be able to exercise ours. Compromising and always staying within the confines of a positive message may be personally difficult for many activists, but that is what we are going for, no matter what we hear. We might explode afterwards, but while we meet we listen and stay calm.
I always meet the Catholic Archbishop at state visits or embassy receptions and we have polite exchanges. I’ve told him I’m non-believer but I know that the message of Jesus is all about love and respect and I don’t see that coming from him – that’s when he leaves the conversation. Within Mozaika there are also religious people, and we have invited churches to have an open and public dialogue, but so far, they have always refused.
6. What is civil society in Latvia doing to overcome these challenges?
Civil society uses all the available mechanisms to highlight rights violations in the international arena, including at the EU level, and to try and influence decision-makers and politicians. However, our Minister of Justice, who is openly homophobic and transphobic, ‘does not see’ any restrictions. While we were organising our Pride event, the government was putting a lot of effort into organising celebrations for the centennial of the Latvian state, and often blamed critical CSOs for shaming the country abroad as such an important date approached.
In this context, Mozaika planned several actions, including a social media campaign (‘I support freedom’) in which public personalities publicly expressed their support for LGBTI rights, and human rights more generally, and demanded that our government ensure that Baltic Pride could take place safely. We aimed to bring in people who are not typically seen as supporters of human rights and LGBTI rights, and then amplify their voices as allies of the LGBTI community. Ultimately, what we wanted to show is that the LGBTI community and its supporters were a lot more numerous and diverse than the handful of activists and the few hundred people who normally show up to our events. We also undertook efforts targeted at international organisations and foreign governments and activists. We asked them to encourage people to participate in Baltic Pride and demand that the authorities guarantee their safety.
Of course, we continue to monitor, document and report online and offline abuses against LGBTI people, activists and organisations. We take down hate comments and instruct the community to report any attacks that they experience on social media to us so we can work to take down the posts. If prominent hate expressions get out there, we try to respond to them with a counter-message. But we have limited resources, so sometimes we leave them for liberal commentators to deal with, and we focus on using social media to counter the most blatant expressions of hatred, particularly if someone is attacked physically.
Finally, we are trying to place LGBTI issues and broader diversity issues on the agenda of the campaign for the upcoming October 2018 parliamentary election. We are promoting public debate on these issues, presenting political parties with examples of the rights restrictions that LGBTI people face on a daily basis and asking them to provide policy solutions to create a safe environment for LGBTI people and other minorities. We will consider it a success if three or four political parties include LGBTI issues or other diversity issues on their agenda.
7. What are your needs and what can donors do to help?
The one thing we have wanted to do for a long time is a long-term communications campaign – not the kind that individual CSOs put together on their own, but a broader one coordinated by various CSO leaders and activists who provide the substance and set the tone, and that is executed and managed by a professional communications team. The problem is that all CSOs live from project to project and are barely sustainable. Mozaika is able to function thanks to the work of volunteers. So what we need most is resources to ensure sustainability. This includes building capacity, but this has to be done on the basis of the expertise that we already have. We have attended countless training events and seminars, and are tired of going to international meetings just to be told ‘this is the right way to do it’. We need customised approaches to find practical solutions to our specific problems. There is a lot for us to learn from France, Germany, or the USA, but lessons must be customised and they should come alongside the resources to ensure sustainability.
Civic space in Latvia is rated as ‘narrowed’ by the CIVICUS Monitor.
Get in touch with Mozaika through their Facebook page or follow @lgbt_mozaika and @KasparZ on Twitter and Instagram.
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LES GROUPES ANTI-DROITS DE L'HOMME: "Ils ne pensent pas que les droits de l'homme sont universels ou ils ne considèrent pas toutes les personnes comme des êtres humains égaux "
Dans le cadre de notre rapport thématique de 2019, nous interrogeons des militants de la société civile, des dirigeants et des experts sur leur expérience des réactions hostiles de la part des groupes anti-droits humains. CIVICUS parle de la montée de l'extrémisme des groupes d'extrême droite et du fondamentalisme religieux en Europe de l'Est avec Gordan Bosanac, co-auteur d'une étude de cas sur l'Europe de l'Est pour le rapport du Global Philanthropy Project: « Conservatisme religieux sur la scène mondiale : Menaces et défis pour les droits LGBTI ».
Vous avez travaillé sur diverses questions, du racisme et de la xénophobie au conservatisme religieux et aux droits LGBTQI. Pensez-vous que la montée du nationalisme et attaques contre les droits des migrants et les droits sexuels et reproductifs font tous partie de la même tendance ?
Tout cela fait indéniablement partie du même phénomène. La grande majorité des organisations qui se mobilisent contre les droits des femmes rejettent également les personnes LGBTQI et les migrants et réfugiés. Ils font tous partie du même mouvement mondial qui rejette les idées démocratiques libérales, et ils se mobilisent tous contre les minorités ou les groupes vulnérables.
Il s'agit d'un ensemble très hétérogène de groupes et d'organisations. Leur dénominateur commun est ce contre quoi ils luttent : la démocratie libérale. Les groupes néonazis, misogynes, anti-LGBTQI et anti-migrants ont des objectifs différents, mais ils partagent le même programme et y collaborent. Beaucoup de ces groupes se réunissent au Congrès mondial des familles, où vous trouverez beaucoup de discours de haine contre la communauté LGBTQI, contre les femmes et contre les migrants. Ils partagent la même philosophie.
Pour moi, ces groupes sont exactement l'inverse du mouvement des droits de l'homme, où certaines organisations se concentrent sur les droits des femmes, d'autres sur les droits des LGBTQI, d'autres encore sur les migrants ou les peuples indigènes, ou sur les droits sociaux, culturels ou environnementaux, mais nous avons tous une philosophie fondée sur une vision positive des droits humains. Nous faisons tous partie du mouvement des droits de la personne. C'est exactement le contraire pour eux : ils partagent tous une vision négative des droits de l'homme, ils ne pensent pas qu'ils sont universels, ou ils ne considèrent pas tous les gens comme des êtres humains égaux. Quoi qu'il en soit, ils se mobilisent contre les droits de l'homme.
Quand et pourquoi des groupes fondamentalistes chrétiens sont-ils apparus en Europe de l'Est ?
L'une de mes collègues dit que ces groupes existent depuis longtemps. Elle enquête actuellement sur la troisième génération de ces groupes et affirme qu'ils ont vu le jour dans les années 1970, lorsqu'ils se sont mobilisés pour la première fois autour des idées néonazies et contre les droits des femmes. Le tournant le plus récent en Europe de l'Est s'est produit au début des années 2010. Dans de nombreux cas, il s'agit d'une réaction contre les débats politiques nationaux sur les LGBTQI et les droits reproductifs. La Croatie, d'où je viens, était l'une des exceptions en ce sens que ces groupes ne se sont pas mobilisés en réaction aux avancées politiques des groupes de défense des droits des femmes et des LGBTQI, mais plutôt par anticipation et à titre de mesure préventive contre les processus qui progressaient au niveau international, et en particulier contre le mariage homosexuel.
L'expérience croate s'est déroulée en trois phases. A partir des années 1990, un mouvement anti-avortement s'est développé, dirigé par des prêtres catholiques charismatiques. Après la chute du communisme, l'avortement a été présenté comme étant contraire à la foi religieuse, aux valeurs familiales et à l'identité nationale. L'Église catholique a créé des " centres familiaux " qui offrent des services de soutien aux familles. Depuis le début des années 2000, des organisations indépendantes de la société civile (OSC) formées par des citoyens religieux " concernés " sont apparues. Leur naissance est liée à l'introduction de l'éducation sexuelle dans les programmes scolaires publics. Une troisième phase a commencé vers 2010, avec la montée en puissance d'OSC fondamentalistes liées au niveau national et international, indépendantes de la structure de l'Eglise. Par exemple, les nouveaux groupes avaient des liens avec les mouvements polonais ultraconservateurs "Tradition, Famille, Propriété" et "Ordo Iuris". L'Église catholique est restée à l'arrière-plan et le rôle des porte-paroles anti-droits a été relégué aux citoyens religieux " concernés ".
En Croatie, les fondamentalistes ont fait bon usage des référendums nationaux organisés à l'initiative des citoyens. En 2013, ils ont rejeté l'égalité en matière de mariage, en grande partie grâce à des lois électorales qui n'exigent pas une participation électorale minimale aux référendums nationaux; la faible participation d'environ 38 %, suffisant à permettre un changement constitutionnel. En revanche, des référendums similaires ont échoué en Roumanie et en Slovaquie grâce à l'exigence d'une participation minimale de 50 %.
Les groupes de défense des droits de l'homme semblent avoir fait beaucoup de progrès en Europe de l'Est depuis le début des années 2010. Pourquoi ?
Nous avons commencé à suivre de près ces groupes en Croatie au moment du référendum, et ce que nous avons vu, c'est que leur progression a été liée à la redéfinition de leurs stratégies. Ils étaient démodés, peu attrayants pour leurs publics potentiels et peu habiles dans l'utilisation des instruments de la démocratie directe. A partir de 2010, ils ont changé de stratégie. Le mouvement de lutte contre les droits de l'homme a connu un renouveau rapide, et ses nouveaux dirigeants étaient très jeunes, éloquents et conscients du potentiel des instruments démocratiques. Dans leurs apparitions publiques, ils ont commencé à minimiser la religion, passant du symbolisme religieux à des visuels contemporains, colorés et joyeux. Ils ont commencé à organiser des mobilisations de masse telles que les marches contre l'avortement "Walk for Life", ainsi que des actions de rue à petite échelle, comme la prière contre l'avortement devant les hôpitaux ou la mise en scène de performances. Ironiquement, ils ont appris en observant de près ce que les OSC progressistes en matière de droits de la personne avaient fait : tout ce qu'elles faisaient avec succès, ils l'ont copié. Ils ont également relancé et amélioré les méthodes traditionnelles de pétition, en allant en ligne avec des plateformes telles que CitizenGo.
Sur le plan international, les groupes de lutte contre les droits ont commencé à prendre forme au milieu des années 1990 en réaction à la quatrième Conférence mondiale des Nations Unies sur les femmes, tenue en 1995 à Beijing. C'est alors qu'un consensus s'est formé autour des droits des femmes en tant que droits humains, et que le genre est apparu à l'ordre du jour. Les groupes religieux se sont sentis vaincus à Pékin. Beaucoup d'universitaires qui ont étudié ce processus ont conclu que l'Église catholique était alors irritée parce qu'elle avait perdu une grande bataille. Ils ont subi plusieurs défaites dans les années qui ont suivi, ce qui les a rendus encore plus furieux. En 2004, la candidature de Rocco Buttiglione, candidat italien à la Commission européenne, a été retirée sous la pression du Parlement européen en raison de ses positions sexistes et homophobes. Les fondamentalistes chrétiens ont également été furieux lorsque des discussions animées ont eu lieu sur la possibilité que les "racines chrétiennes" de l'Europe soient mentionnées dans la Constitution européenne. Tout cela a mis le Vatican très en colère. Il y a eu quelques moments symboliques qui les ont rendus furieux et les ont poussés à lutter plus fermement contre les idées libérales.
En réaction à cela, ils se sont modernisés, ce qui leur a permis d'avoir des liens de plus en plus étroits avec des groupes évangéliques fondamentalistes basés aux États-Unis, ayant une longue expérience dans l'élaboration de politiques à l'intérieur et en dehors des États-Unis.
Pensez-vous qu'il s'agit surtout d'un processus du sommet vers la base, ou ces groupes ont-ils véritablement atteint la base ?
En Europe de l'Est, il s'agit surtout d'un processus descendant, peut-être lié au fait que la plupart de ces groupes sont catholiques chrétiens, et non évangéliques. Ces idées viennent de très haut. Elles sont produites et diffusées par le Vatican depuis des décennies. Ces groupes ne sont pas spontanés et sont très bien organisés. Leurs stratégies ne se sont pas répandues par imitation, mais plutôt parce qu'elles sont toutes dictées par le sommet.
Cela ne veut pas dire qu'ils n'ont pas pu faire appel aux citoyens ; au contraire, ils l'ont fait avec beaucoup de succès, encore plus que les groupes anti-droits humains. C'est parce qu'ils utilisent un langage très simple et jouent sur les peurs et les insécurités des gens. Ils construisent leur popularité sur les préjugés et les craintes des autres qui sont différents. La peur semble être un moyen facile de mobiliser les gens, mais les gens de gauche ne veulent pas l'utiliser parce qu'ils estiment qu'il n'est pas juste de manipuler les gens. Les groupes de défense des droits, par contre, n'ont aucun problème à faire peur aux gens. Lorsqu'ils sont apparus pour la première fois en Croatie, ces groupes ont obtenu un énorme soutien parce qu'ils ont suscité la peur et se sont ensuite présentés comme les protecteurs et les sauveurs des citoyens contre ce monstre fictif qu'ils avaient créé.
Quelles sont les principales stratégies que ces groupes ont utilisées pour se développer ?
Premièrement, ils partagent un discours unifié qui s'articule autour du rejet de ce qu'ils appellent "l'idéologie du genre", qui n'est qu'un signifiant vide pour désigner toute menace qu'ils perçoivent dans un contexte particulier. Ils se déclarent les protecteurs de la famille et de l'ordre naturel et utilisent des stratégies de diffamation et un discours pseudo-scientifique contre les droits des femmes et des personnes LGBTQI. Une rhétorique nationaliste est également omniprésente dans les pays d'Europe de l'Est.
Deuxièmement, ils ont coopté le discours sur les droits de l'homme et adopté les pratiques d'organisation civique du mouvement des droits de l'homme. Ils profitent non seulement de l'accès direct aux citoyens qui vont à l'église, mais ils mobilisent aussi la base à travers des conférences, des formations, des camps de jeunes et les réseaux sociaux. Ils bénéficient également d'un financement suffisant pour emmener les gens en bus aux rassemblements importants comme les marches « Walk for Life », payer les dépenses de nombreux bénévoles et couvrir le coût de la publicité dispendieuse.
Troisièmement, ils ont utilisé avec succès des mécanismes référendaires à l'initiative des citoyens. En Croatie et en Slovénie, ils ont recueilli le nombre requis de signatures pour lancer des référendums nationaux contre le mariage homosexuel, qu'ils ont remportés. En Roumanie et en Slovaquie, à leur tour, ils ont réussi à recueillir les signatures mais n'ont pas réussi à satisfaire à l'exigence minimale de participation. Le taux de participation à tous ces référendums a varié de 20 % en Roumanie à 38 % en Croatie, ce qui montre que les fondamentalistes ne bénéficient d'aucun soutien majoritaire, mais qu'ils utilisent toujours intelligemment les mécanismes démocratiques pour faire avancer leur programme.
Quatrièmement, ils ont recours aux poursuites judiciaires à la fois pour influencer et modifier la législation et pour arrêter les militants des droits humains et les journalistes qui critiquent leur travail. Afin de les faire taire, ils les poursuivent en justice pour diffamation et 'discours de haine contre les chrétiens'. Bien que ces affaires soient généralement rejetées, elles les aident à se positionner en tant que victimes en raison de leurs croyances religieuses.
Cinquièmement, ils bénéficient non seulement d'une bonne couverture de leurs événements dans les médias grand public, mais ils ont aussi leurs propres médias, principalement des portails d'information en ligne, dans lesquels ils publient de fausses nouvelles qui diffament leurs adversaires, qu'ils diffusent ensuite sur les réseaux sociaux. Ils accueillent et couvrent également des événements conservateurs mettant en vedette des " experts internationaux " qui sont présentés comme les plus hautes autorités sur des questions telles que la sexualité et les droits de l'enfant.
Sixièmement, ils s'appuient sur une collaboration transnationale à travers l'Europe et avec des groupes basés aux États-Unis.
Septièmement, ils ciblent le système scolaire, par exemple avec des programmes extrascolaires destinés à influencer les enfants âgés de 4 à 14 ans, lorsqu'ils sont les plus vulnérables et les plus facilement convertibles.
Enfin, ils travaillent non seulement par l'intermédiaire d'OSC, mais aussi de partis politiques. De cette façon, ils sont également présents aux élections et, dans certains cas, ils acquièrent un pouvoir significatif. C'est le cas du parti d'extrême droite polonais Droit et Justice, qui a pleinement intégré ces groupes dans ses activités. Dans d'autres cas, ils créent leur propre parti politique. C'est ce qui s'est passé en Croatie, où la principale OSC fondamentaliste, "Au nom de la famille", a créé un parti politique appelé "Project Homeland". Le cas de la Roumanie est particulièrement préoccupant à cet égard, car il montre comment les positions fondamentalistes chrétiennes sur les droits LGBTQI peuvent être intégrées dans l'ensemble du spectre politique et religieux.
En d'autres termes, ces groupes sont présents dans divers espaces, pas seulement au sein de la société civile. Et ils ciblent les principaux partis conservateurs, notamment ceux qui sont membres du Parti populaire européen, le groupe de centre-droit du Parlement européen. Ils essaient de déplacer les partis de centre-droit et conservateurs vers l'extrême droite. C'est leur combat crucial parce que cela peut les mener au pouvoir. Il est de la responsabilité des partis conservateurs du monde entier de résister à ces attaques, et il est dans l'intérêt des groupes progressistes de les protéger également, car s'ils perdent, nous perdons tous.
Pensez-vous qu'il y a quelque chose que la société civile progressiste puisse faire pour arrêter les groupes anti-droits ?
Je ne suis pas très optimiste parce que nous les combattons depuis plusieurs années et c'est très difficile, d'autant plus que la mouvance mondiale est aussi en train de changer : il y a une tendance générale à droite qui semble très difficile à contrer.
Cependant, il y a encore plusieurs choses à faire. La première chose à faire serait de faire la lumière sur ces groupes, de dire aux gens qui ils sont vraiment. Nous devons les exposer pour ce qu'ils sont- les fondamentalistes religieux, les néonazis et ainsi de suite - parce qu'ils cachent leur vrai visage. Selon le contexte local, ils ne sont parfois même pas fiers d'admettre qu'ils sont liés à l'Église. Une fois que ces liens sont mis en évidence, de nombreuses personnes deviennent méfiantes à leur égard. Il faudrait aussi espérer qu'il y ait du bon sens, que les circuits d'argent sale soient dévoilés et que les gens réagissent, ce qui arrive parfois, mais pas toujours.
Le rôle principal devrait être joué par les croyants qui refusent d'accepter l'utilisation abusive de la religion à des fins extrémistes. Les croyants sont les porte-paroles les plus authentiques contre le fondamentalisme et leur voix peut être beaucoup plus forte que celle des laïcs mobilisés ou de l'opposition politique. Toutefois, l'absence de tels groupes au niveau local, en raison des pressions exercées par les autorités religieuses locales, peut être un problème. Le pape François a sérieusement affaibli les groupes fondamentalistes et il est un excellent exemple de la manière dont les chefs religieux peuvent combattre l'extrémisme religieux et le fondamentalisme.
Il est également productif d'utiliser l'humour contre eux. Ils ne savent pas vraiment plaisanter ; les situations sarcastiques et humoristiques les déconcertent. Cela peut susciter des soupçons chez de nombreuses personnes. Mais nous devons veiller à ne pas en faire des victimes, car ce sont des experts en matière d'auto-victimisation et ils sauront comment s'en servir contre nous.
Enfin, permettez-moi de le redire parce que c'est fondamental. Cela peut sembler contre-intuitif, mais il est très important de donner aux partis conservateurs du monde entier les moyens de tenir bon et de résister aux tentatives de détournement d'extrême droite. Les progressistes doivent protéger les partis conservateurs contre les attaques d'extrémistes, sinon ils deviendront des véhicules de l'extrême droite pour accéder au pouvoir, et il sera alors trop tard.
L'espace civique en Croatie est classé comme " rétréci " par le Monitor CIVICUS.
Suivez @GordanBosanac sur Twitter.
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LITHUANIA: ‘Civil society must humanise the public narrative around irregular migration’
CIVICUS speaks about a new law enabling pushbacks of asylum seekers at the Belarus-Lithuania border withMėta Adutavičiūtė, head of Advocacy at the Human Rights Monitoring Institute (HRMI).
Established in 2003, HRMI is a Lithuanian human rights civil society organisation (CSO) thatadvocates for national laws and policies consistent with the state’s international human rights obligations and works to ensure the effective enjoyment of human rights.
What are the main points of the new legislation allowing for the pushback of asylum seekers?
The amended Law on State Border and its Protection, passed in April 2023, recognises and enables the practice that began in August 2021 of discouraging people from attempting to cross the border at non-designated places and returning them to Belarus once they have crossed the border into Lithuanian territory.
The amended law provides legal ground for pushbacks without the need to declare a state of emergency. Now pushbacks can be carried out on the government’s decision any time it considers there is an extraordinary situation caused by a ‘mass influx of aliens’. A novelty introduced by the law are the civilian volunteer units to support border guards. Both are allowed, under certain circumstances, to use coercive measures. The State Border Guard Service has recently announced a call for this volunteer service.
What are the issues around pushbacks?
According to both Lithuanian and international refugee law, unlawful entry should not be penalised when a person is eligible to request asylum in a country. However, pushbacks are being carried out with regard to people who might have genuine grounds for asylum, such as those coming from Afghanistan and Syria.
Under the amended law, the State Border Guard Service should perform an individualised assessment to determine whether a person is fleeing persecution and is in fact a refugee as defined in the 1951 Refugee Convention. However, the procedure for such an assessment hasn’t yet been established, and there are good reasons to doubt that border guards can carry out an assessment properly. In our opinion, the decision on whether a person has grounds to request protection should be made by the migration department, while state border officers should only find out whether a person intends to seek asylum and register asylum applications.
Our preliminary assessment is that although the provisions of the law shouldn’t apply to people fleeing military aggression, armed conflict or persecution or trying to enter Lithuania for humanitarian reasons, people continue to be pushed back without an individualised assessment of their circumstances and without any human rights safeguards being applied.
How has HRMI advocated against the new law?
HRMI submitted comments to the draft law and alternative proposals, urging lawmakers to refrain from legalising pushback practices and instead ensure access to asylum procedures for all people irrespective of their means of entry.
We also continue advocating for the rights of migrants and asylum seekers by raising public awareness on the current disturbing situation.
Our next steps are to closely monitor the implementation of the new legislation and prepare a comprehensive report based on interviews with asylum seekers. Meanwhile, our colleagues and volunteers from Sienos Grupė provide humanitarian aid to migrants and asylum seekers stuck at the border.
Additionally, HRMI has a strategic litigation programme that includes 17 cases. The purpose of this programme is to seek justice for asylum applicants and call for judicial review of the most pressing legal issues in the Lithuanian migration and asylum system.
What obstacles does Lithuanian civil society working on migration face?
Even though there are no legal restrictions on the work of CSOs helping migrants and refugees, one of our largest challenges is that the public generally approves of restrictive government policies and practices and only a minority support a human rights-based approach in managing increased irregular migration. The government’s strategy of deterrence, constantly picturing migrants and asylum seekers as a threat, has largely influenced the public. Opinion polls conducted in 2021 indicated growing negative attitudes towards migrants and refugees. This is why civil society’s advocacy efforts must focus not only on laws and policies, but also on humanising the public narrative around irregular migration.
Moreover, lack of information makes it difficult for CSOs to assess the full implications of this law for asylum seekers. Official statistics only include the people who were pushed back on specific days, and there are no statistics available of people who were let in and provided with the opportunity to lodge asylum applications. We also don’t have access to demographic data such as countries of origin, gender, age and other individual characteristics that could allow us to identify the specific vulnerabilities of people who were pushed back.
How has the international community reacted to the new policy?
Many international organisations and media outlets immediately contacted us seeking information and requesting our assessment of the situation. A strong statement came from the Human Rights Commissioner of the Council of Europe, Dunja Mijatović, who called on the Lithuanian parliament to reject the amendments and ensure that the legislative process is guided by human rights standards with a robust, human rights-compliant and protection-oriented legal framework. The law was also criticised by the United Nations High Commissioner for Refugees. In contrast, the reaction from the European Union has been lacking.
Overall, however, we are grateful for the crucial international support we have received in our advocacy efforts, as well as for legal advice provided by our allies. It is very important they remain engaged and continue monitoring the developments on the border.
Civic space in Lithuania is rated ‘open’ by theCIVICUS Monitor.
Get in touch with HRMI through itswebsite or itsFacebook page.
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MALTA: ‘People should be able to access abortions locally without the risk of criminalisation or stigmatisation’
CIVICUS speaks about the struggle for abortion rights and the anti-rights backlash in Malta with Break the Taboo Malta.
Break the Taboo Malta is a storytelling platform that documents abortion experiences to highlight the lived reality and address abortion stigma in Malta.
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MIGRANTS’ RIGHTS: ‘Europe instrumentalises human suffering to deter migration’
CIVICUS speaks about the situation of migrants and refugees in Greece with Maya Thomas-Davis, an Advocacy and Communications Officer at the Legal Centre Lesvos AMKE, a Greek civil society organisation that provides free legal information and assistance to migrants who arrive by sea to Lesvos, where the Centre is based. The Legal Centre also documents violations of migrants’ rights, advocates for safe and legal migration routes and engages in advocacy and strategic litigation to hold the Greek government, member states of the European Union (EU) and European institutions accountable for their treatment of migrants.
Photo: Legal Centre Lesvos @Instagram
What kind of work does the Legal Centre Lesvos do, and how have you managed under the pandemic?
The Legal Centre Lesvos (LCL) is a civil non-profit legal and political organisation based on principles of solidarity, not charity. Since August 2016, it has provided access to legal information, assistance and representation to migrants arriving by sea on the Greek island of Lesvos. LCL also works towards collective justice and structural change as part of movements resisting Europe’s border imperialism on many fronts, including through advocacy and strategic litigation. LCL was founded following the March 2016 EU-Turkey statement, an agreement of questionable legality through which the European Union turned people seeking freedom, safety and dignity into commodities and bargaining chips: agreeing to pay 6 billion euros to Erdogan’s authoritarian regime in exchange for Turkey acting as a border guard to fortress Europe. This ‘deal’ transformed the island of Lesvos into a site of indefinite imprisonment for migrants. LCL provides access to legal information and assistance in solidarity with migrants trapped here, without losing sight of the fact that migration to Europe is intimately connected with the continent’s imperialist past and present and the interests of global capitalism; that the brutal violations witnessed here are always political choices; and that the people most affected are the most important political actors in challenging and resisting this.
LCL has an open-door policy, meaning that nobody is turned away or refused legal information or assistance because their case is not ‘strong’ enough, or is unsuitable for strategic litigation. We maintain this position because we believe that, as a bare minimum, everyone has the right to understand the legal framework they are subject to, particularly in the context of asylum law, where consequences can be a matter of life or death.
To facilitate access to information, prior to the introduction of COVID-19 restrictions LCL had been running regular group information sessions about asylum procedures, in multiple languages. This is certainly one aspect of our work where the pandemic has created difficulties. In Lesvos lockdown measures have been in place since March 2020, varying in degrees of intensity. Group information sessions have been impossible due to limitations on office capacity mandated by restrictions. We have managed to keep the open-door policy in place with strict appointment schedules, with many of us working from home at least some of the time, and we are trying to continue to facilitate broader access to information through other means, such as through updates in multiple languages on our website and social media.
How did the situation of migrants and refugees evolve in 2020 as a result of the pandemic?
The Greek state’s unlawful suspension of the right to asylum on 1 March 2020 and its violent border fortification – with the EU praising Greece as Europe’s ‘shield’ and The European Border and Coast Guard Agency, also known as Frontex, providing increased material support – coincided with the escalation of the COVID-19 pandemic in Europe. Although the EU has been perpetrating violence against migrants at its borders for many years, including through pushbacks, it seems Greek and EU officials believed the pandemic would provide the perfect cover to escalate their attack on migrants in the Aegean, with complete impunity.
Since March 2020, the official number of arrivals by sea to Greece has drastically dropped by a reported 85 per cent as compared to 2019. In the same timeframe, numerous reports and investigations have revealed a systematic practice of collective expulsions on the part of Greek authorities, carried out through a consistent modus operandi, with Frontex’s documented complicity. In every account shared with LCL by pushback survivors, Greek authorities have summarily expelled migrants from Greek territory without registering arrival or facilitating access to asylum procedures. Whether in the middle of the sea or following a landing on an Aegean island, Greek authorities forcibly transfer migrants towards Turkish waters before abandoning them at sea on motorless, unseaworthy dinghies or life rafts, with absolute disregard for whether they live or die. Despite numerous reports, statements, investigations and denunciations of this ongoing attack against migrants, pushbacks at the Aegean Sea border continue with impunity, functioning as an unofficial implementation of the EU-Turkey deal’s objectives while the Turkish border remains officially closed.
Meanwhile in Lesvos, pandemic-related restrictions have only compounded the situation of police violence, discrimination and effective mass detention for migrants. COVID-19-related restrictions, including curfews and the requirement to carry a justification for movement, have been applied in an unjustifiably discriminatory manner. Recently, on 15 February 2021, for example, the curfew for the general population of Lesvos was lifted from 6pm to 9pm, yet for migrants living in the camp a separate regime of restrictions remains in place: people are subject to a more stringent curfew starting at 5pm and only one family member can leave the camp once a week except for medical or legal appointments. Even with written justification, permission to leave the camp is often arbitrarily denied. The police disproportionately target racialised people in checking documents and justifications for movement as well as in imposing fines.
Meanwhile changes in the operations of the Regional Asylum Office and the European Asylum Support Office (EASO) in Lesvos, which had been conducting remote interviews with applicants for international protection, have led to further procedural violations. These include obstacles in access to legal aid at first instance and to file appeals within deadlines due to pandemic-related movement restrictions and restricted access to EASO offices; failure to ensure the requisite confidentiality of interviews due to remote interviews via telephone or video being held in inadequate facilities; and inability to comprehensively present grounds for applications due to practical and technical disruptions of asylum interviews.
As for the sanitary situation, the state has systematically failed to evacuate individuals at risk from overcrowded, unsanitary camps in Lesvos, where distancing measures are impossible. Like the previous Moria camp, which burned down in September 2020, the new reception and identification centre in Mavrovouni/Karatepe – widely known as ‘Moria 2.0’ – is not fit for human habitation. As if conditions of inadequate shelter, healthcare, privacy, food, electricity, running water, hot showers, toilets and other hygiene facilities were not bad enough, since 1926 and until its hasty transformation into a camp in September 2020, the site of Moria 2.0 had been a military firing range, and the Greek government has admitted that a high concentration of lead has been found in samples taken from the site. Lead poisoning causes organ damage, cancer and developmental harm in foetuses and children. There is no level of lead exposure known to be without harmful effects. In such conditions, the Greek state’s failure to transfer people who are disproportionately exposed to danger and death in the inhumane conditions of Moria 2.0 to appropriate living conditions amounts to an attack on migrants’ lives.
Which would you say are main rights violations that migrants and refugees face in Lesvos?
That hundreds of people have been, and continue to be, forcibly transferred then abandoned in the middle of the sea by Greek authorities without means to call for rescue, on unseaworthy, motorless dinghies and life rafts, constitutes a spectacular form of state violence against migrants. Beyond rights violations, LCL’s position is that the constituent elements of the consistent modus operandi of collective expulsions in the Aegean, along with the widespread and systematic nature of this attack, amount to crimes against humanity. The practice of systematic pushbacks with impunity reveals the extent to which fortress Europe treats migrants’ lives as disposable, in a manner that has historically accompanied the commission of atrocity crimes.
The same disregard for migrants’ lives is inherent in the conditions in camps and detention centres people are forced to endure in Lesvos, which are violations of the right to freedom from inhumane and degrading treatment and torture, the rights to liberty and security, to private and family life, to effective remedy, to freedom from discrimination and to life. It is inherent in people being forced to wait in limbo for years, cut off from family, friends, community and purpose, without being able to move forwards or backwards. It is inherent in the EU increasingly prioritising and funding mass effective detention of migrants, through ‘hotspot’ systems, accelerated border procedures, forcible deportations, border militarisation and border externalisation through deals of questionable legality with third countries and by making aid and other financial packages conditional on border fortification.
While the violence of pushbacks in the Aegean is scandalous and should be treated as such, it is by no means an aberration from the logic of Europe’s border regime, which instrumentalises human suffering for the purpose of deterring migration, at any cost. Even if due process and reception standards mandated by the Common European Asylum System were complied with in Lesvos, many people would still be excluded, and the system would remain violent and fundamentally insufficient to secure the conditions of human flourishing that everyone deserves. For this reason, while the LCL will continue to document, denounce and seek redress for the systematic rights violations in Lesvos, we are conscious that we must simultaneously organise for systemic change: Europe’s human rights framework cannot fail people it was never designed to protect.
What is your position regarding refugee protests over living conditions in camps and blockages of asylum requests?
LCL has always acted and organised in solidarity with migrant-led resistance. Over the years this has taken many forms, including protests, hunger strikes, collective publications, assemblies and occupations. The state has responded with attempts to collectively punish organised resistance by migrants in Lesvos. A case in point is that of the Moria 35 a few years ago. But there are many more recent examples of this. Of course, such resistance can be understood as an exercise of human rights such as the rights to the freedoms of association, peaceful assembly and expression, and as a legal organisation, this is always one way of viewing and supporting this kind of action. However, in Lesvos – where rights are systematically violated with complete impunity, where conditions of misery are deliberately imposed, where the situation always seems to get progressively worse just when it already seemed as bad as could be imagined – organised resistance is also in many ways often the only remaining option.
What kind of support would you need from international civil society to continue doing your work?
Over the past year, the Greek state brought in new legislation on the registration of civil society organisations, introducing onerous, complex registration and certification requirements that present unnecessary, disproportionate barriers for organisations working in solidarity with migrants in Greece. This will certainly make the work of LCL harder as, of course, it is designed to. The Expert Council on NGO Law of the Conference of INGOs of the Council of Europe has already expressed its concerns on these new requirements, and further challenges to these measures would be a welcome form of support from international civil society.
In general, international support and solidarity is needed in the struggle against the increasingly hostile environment for migrants and those working in solidarity with migrants in Greece. Far-right disinformation campaigns making allegations of criminality against migrants and migrant solidarity organisations are increasingly reflected in Greek state practice, such as in the Greek police’s identification of four human rights and migrant solidarity groups in an investigation that accuses them of espionage, forming and membership of a criminal organisation; the Greek state’s systematic prosecution of migrants for facilitation of illegal entry/exit; its perverse decision to prosecute the father of a six-year-old child who tragically drowned in a shipwreck near Samos in November 2020 for endangering his son’s life; and its decision to bring criminal charges against a woman who set herself on fire in desperation in Moria 2.0 in February 2021. Such measures to frame migrants and those who act in solidarity with them as criminals and threats to the nation is a deliberate and effective tactic to obscure the fact that it is states that possess the monopoly on violence and to distract from their systematic violations of migrants’ rights.
More broadly, it is clear from the legislative proposals contained in the ‘new’ EU migration and asylum pact that the EU will attempt to roll out the model that has been tested in the laboratory of Lesvos and the other Greek ‘hotspot’ islands, across Europe’s external borders – including detention on arrival; accelerated border procedures in detention based on nationality and asylum recognition rates; deportation sponsorship as a form of ‘solidarity’ between member states; and expanded use of migrants’ personal and biometric data. A new ‘controlled’ camp is set to be constructed in Lesvos this year, in a location that is a known forest fire danger zone and is intentionally remote. Internationalist solidarity will always be our best weapon to organise resistance from below to all these measures.
Civic space in Greece is rated ‘narrowed’ by theCIVICUS Monitor.
Get in touch with the Legal Centre Lesvos through itswebsite orFacebook page, and follow@lesboslegal on Twitter and@legalcentrelesvos on Instagram. -
MIGRATION : « La propagation du COVID-19 n’est pas une excuse pour traiter les personnes vulnérables avec plus de violence »
CIVICUS s’entretient avec Maddalena Avon, coordinatrice de projet au Centre d’études sur la paix (CPS), sur la situation des migrants et des réfugiés en Europe dans le contexte de la pandémie et sur la manière dont la société civile répond à la pression croissante des gouvernements européens hostiles aux frontières.
Le CPS est une organisation de la société civile (OSC) qui promeut la non-violence et le changement social par l’éducation, la recherche, le plaidoyer, les campagnes et l’activisme. Fondée en 1996, elle travaille dans trois domaines : l’asile, l’intégration et la sécurité humaine ; l’éducation à la paix et l’affirmation de la non-violence ; et la lutte contre les inégalités. Le CPS est un membre actif du Border Violence Monitoring Network, un réseau indépendant d’OSC basé principalement dans les Balkans et en Grèce, qui surveille les violations des droits humains aux frontières extérieures de l’Union européenne et plaide pour la fin de la violence à l’encontre des personnes déplacées.
Quelles ont été les principales tendances migratoires en Europe, et plus particulièrement dans les Balkans, pendant la pandémie ?
Le paysage de l’accès à l’asile a radicalement changé depuis l’entrée en vigueur des restrictions mises en place en réponse à la pandémie. Le Border Violence Monitoring Network (BVMN) avait déjà publié des rapports faisant référence à l’asile comme à un ensemble de droits érodés, mais la procédure régulière pour les demandes de protection internationale a été davantage remise en question dans le contexte de l’urgence sanitaire de ces derniers mois.
Premièrement, les mesures de refoulement persistantes aux frontières continuent de priver les personnes de l’accès à la protection internationale, les États procédant à des expulsions collectives. Deuxièmement, les décisions gouvernementales de suspendre ou de fermer les bureaux d’asile sans offrir d’alternative ou de recours efficace ont placé les réfugiés et autres migrants dans une situation de flou et de risque de refoulement. De même, la mise en œuvre de mesures anti-COVID-19 a donné la possibilité à des pays comme la Croatie, la Grèce et la Hongrie de restreindre davantage l’accès aux protections garanties au niveau international.
Au milieu de l’escalade de l’épidémie de COVID-19, l’Union européenne (UE) a lancé son plan d’action conjoint pour les droits humains. Cependant, l’esprit de cette déclaration diverge fortement de la réalité sur le terrain. En particulier, les violations des droits fondamentaux par les États membres de l’UE et les pays tiers qui ont conclu divers accords avec l’UE sur la migration, l’asile et la sécurité des frontières, ainsi que des systèmes de camps financés, se poursuivent. Au lieu d’aider les communautés vulnérables en cette période de précarité, les politiques et les réglementations ont permis le renforcement des frontières de la plupart des États membres, ce qui a eu pour effet d’éroder encore davantage les droits à l’asile, à des procédures régulières et à un traitement humain.
Selon un récent rapport du BVMN, en mars et avril 2020, la Slovénie a connu une diminution du nombre de franchissements irréguliers de la frontière par rapport aux deux premiers mois de 2021 et à la même période en 2019, ce qui s’est traduit par un nombre beaucoup plus faible de personnes détenues dans les postes de police en raison de franchissements irréguliers de la frontière. Toutefois, le nombre d’expulsions collectives vers la Croatie est resté constamment élevé. Début 2020, pendant l’épidémie de COVID-19 et les restrictions qui ont suivi, la Slovénie a continué à refuser systématiquement le droit d’asile et a utilisé son accord de réadmission avec la Croatie - qui l’autorise à remettre des personnes à la police croate s’il existe des preuves qu’elles ont franchi illégalement la frontière au cours des dernières 48 heures - pour expulser un grand nombre de personnes, bien que l’accord de réadmission ne s’applique pas si la personne a demandé l’asile ou est un demandeur d’asile potentiel. Elle a continué à le faire en pleine connaissance du risque élevé de torture et de nouvelles expulsions illégales vers la Bosnie-Herzégovine.
En Croatie, comme ailleurs, la pandémie a changé beaucoup de choses, mais certains éléments, comme le régime d’expulsion, sont malheureusement restés les mêmes. La seule différence est que ces expulsions collectives violentes attirent désormais moins l’attention, car tous les regards sont tournés vers la pandémie et les observateurs des droits humains n’ont pas été autorisés à rester sur le terrain en raison de restrictions sanitaires. Les expulsions et les violences aux frontières ont persisté : dans un cas sur les centaines documentés par le BVMN, un groupe comprenant une personne gravement blessée et un mineur a été battu à coups de matraque par des officiers croates, qui ont également brûlé leurs vêtements, et le groupe a été renvoyé en Bosnie-Herzégovine.
Un phénomène relativement nouveau dans les pratiques de refoulement est le marquage de groupes de personnes avec des bombes de peinture orange, comme le rapporte No Name Kitchen, une organisation de base et membre du BVMN qui fournit une assistance directe aux personnes en déplacement dans les villes frontalières le long de la route des Balkans. Les refoulements en série se sont également poursuivis de la Slovénie à la Croatie, renvoyant les migrants sur le même chemin par lequel ils sont arrivés.
Les rapports faisant état d’une brutalité accrue dans le contexte des refoulements sont inquiétants, compte tenu de l’autonomie accrue que les autorités étatiques ont acquise grâce à la pandémie. Les refoulements sont illégaux et la propagation de la COVID-19 n’est pas une excuse pour traiter les personnes vulnérables avec plus de violence.
Comment le CPS et le BVMN répondent-ils à ces tendances ?
La valeur du travail effectué par le BVMN réside dans l’interconnexion de différentes méthodes : le travail de terrain, qui comprend l’établissement de relations de confiance avec les personnes situées dans les zones frontalières, la collecte de témoignages, et le travail de plaidoyer, qui consiste à demander clairement aux institutions de rendre compte de certaines actions. Le travail juridique est également essentiel lorsque les victimes de violations des droits humains veulent réclamer justice. Chaque membre du BVMN présente une compétence propre dans l’une ou plusieurs de ces méthodes de travail, et notre force collective est de les combiner toutes dans une approche holistique.
Au sein du réseau, le CPS mène des recherches qui alimentent nos efforts de sensibilisation et de plaidoyer sur l’accès au système d’asile, la protection des droits humains des réfugiés, les comportements policiers illégaux, la criminalisation de la solidarité et l’intégration, en mettant l’accent sur l’emploi et l’éducation.
En termes d’intégration, deux de nos grandes réussites ont été le Danube Compass, un outil web qui comprend toutes les informations pertinentes pour l’intégration des migrants et des réfugiés dans la société croate, et notre programme d’éducation non formelle pour les demandeurs d’asile, « Let's Talk about Society » (Parlons de la société), qui offre aux nouveaux membres de notre communauté une introduction à la société et aux institutions croates, les informe sur leurs droits et encourage leur participation active dans la société.
Au sein du réseau, le CPS est un acteur juridique fort, puisque nous avons jusqu’à présent déposé 12 plaintes pénales contre des auteurs inconnus en uniforme de police. Grâce à un contentieux stratégique, nous avons empêché une extradition et réussi à déposer deux plaintes contre la République de Croatie devant la Cour européenne des droits de l’homme. Grâce à notre travail de plaidoyer, plusieurs institutions internationales et européennes, dont l’Agence des Nations unies pour les réfugiés, ont commencé à remettre en question et à condamner les pratiques des autorités croates.
En raison de notre dénonciation publique des pratiques illégales à l’égard des réfugiés, nous avons subi de fortes pressions et avons été interdits d’accès et de travail dans les centres d’asile. Cela a rendu notre travail plus difficile, mais n’a pas compromis notre autonomie.
Pensez-vous que des progrès ont été réalisés pour tenir Frontex, l’agence européenne des frontières, responsable de son incapacité à protéger les droits humains ?
Frontex a fait face à de graves allégations de violations des droits humains de la part de divers acteurs et institutions, et la société civile s’est unie autour de multiples campagnes et actions sur la question, notamment #DefundFrontex. Avec le soutien de 22 OSC et réseaux de la société civile, dont le BVMN, cette campagne appelle à la suppression de l’agence et à la réorientation de son budget vers la création d’un programme civil européen de sauvetage en mer géré et financé par les gouvernements.
Le principal problème est que Frontex opère dans une zone grise juridique et est considérée comme n’ayant aucune responsabilité pour ses actions : la responsabilité incombe toujours à l’État membre dans lequel Frontex opère. Les règles de l’agence sont rédigées de telle manière qu’elles lui permettent de ne pas avoir à rendre de comptes. Cependant, nous constatons de petits pas vers un changement dans cette direction, par exemple avec l’implication active du bureau du Médiateur européen.
Comment la société civile peut-elle faire pression sur l’UE pour que celle-ci étende son engagement en faveur des droits humains aux migrants et aux réfugiés, et comment peut-elle encourager les États membres à respecter leurs droits ?
L’un des moyens que les membres du BVMN ont trouvé pour unir des forces multiples et faire entendre leurs voix sur des demandes clés est de construire des réseaux transfrontaliers. Nous sommes convaincus que l’implication active de la société civile dans chaque zone frontalière, pays et village peut faire une réelle différence quant à l’influence des citoyens. Il est très important de parler haut et fort des droits des réfugiés et des migrants. Il est également important de relier une variété de luttes qui sont fortement interconnectées et se déroulent au-delà des frontières, comme les luttes liées au changement climatique et aux droits des femmes.
L’espace civique en Croatie est classé « rétréci » par leCIVICUS Monitor.
Contactez le Centre d’études sur la paix (CPS) via sonsite web ou sa pageFacebook, et suivez@CMSZagreb sur Twitter.
Contactez le Border Violence Monitoring Network (BVMN) sur sonsite web ou sa pageFacebook, et suivez@Border_Violence sur Twitter. -
MIGRATION: ‘The spread of COVID-19 is no excuse to confront vulnerable people with more violence’
CIVICUS speaks with Maddalena Avon, project coordinator at the Centre for Peace Studies (CPS) about the situation of migrants and refugees in Europe under the pandemic and the ways in which civil society is responding to increasing border pushbacks from hostile European governments.
CPS is a civil society organisation (CSO) that promotes non-violence and social change through education, research, advocacy, campaigning and activism. Founded in 1996, it works in three areas: asylum, integration and human security; peace education and non-violence affirmation; and combating inequalities. CPS is an active member of the Border Violence Monitoring Network, an independent network of CSOs based mostly in the Balkans and Greece, monitoring human rights violations at the external borders of the European Union and advocating to stop the violence against people on the move.
What have been the key trends in migration in Europe, and specifically in the Balkans, under the pandemic?
The landscape of asylum access has changed drastically since pandemic restrictions came into force. The Border Violence Monitoring Network (BVMN) had already reported on asylum as an eroded set of rights, but due process for international protection claims has been further challenged in recent months under the health emergency.
Firstly, persistent pushbacks from borders continue to deny people access to claim international protection, with states performing collective expulsion. Secondly, government decisions to pause or close asylum offices with no effective alternative or remedy have placed refugees and other migrants in an effective limbo and at risk of pushback. Accordingly, the development of COVID-19 measures has allowed countries such as Croatia, Greece and Hungary to further restrict internationally mandated access to protection.
In the midst of the escalating COVID-19 outbreak, the European Union (EU) launched its Joint Action Plan for Human Rights. However, the intention of this communication exhibits acute divergence from the reality on the ground. Most notably, violations of fundamental rights continue by EU member states and non-EU countries that have various EU agreements on migration, asylum and border security, alongside funded camp systems. Rather than assisting vulnerable communities in this precarious period, policy and guidance have allowed the strengthening of borders across a majority of member states to erode further the rights to asylum, due process and humane treatment.
According to a recent report by the BVMN, in March and April 2020 Slovenia saw a decrease in the number of irregular border crossings compared to the first two months of 2021 and the same period in 2019, and this was reflected in the much lower number of people detained at police stations due to irregular border crossings. The trend of collective expulsions to Croatia, however, remained consistently high. In early 2020, during the COVID-19 outbreak and subsequent restrictions, Slovenia continued to systematically deny asylum rights and used its readmission agreement with Croatia – which allows it to hand people over to the Croatian police if there is proof that they illegally crossed the border within the last 48 hours – to deport large numbers of people, although the readmission agreement does not apply if the person has asked for asylum or is a potential asylum seeker. It has continued to do so despite full knowledge of the high risk of torture and further illegal pushback to Bosnia and Herzegovina.
In Croatia, as elsewhere, the pandemic has changed many things, but some aspects, such as its pushback regime, have unfortunately stayed the same. The only difference is that these violent collective expulsions now attract less attention, as all eyes are on the pandemic and human rights monitors have not been allowed in the field due to health restrictions. Pushbacks and violence at borders have persisted: in one case out of the hundreds documented by the BVMN, a group including a severely injured person and a minor was beaten with batons by Croatian officers, who also burnt their clothes, and the group was pushed back into Bosnia and Herzegovina.
A relatively new development in pushback practices is the tagging of groups with orange spray paint, as reported by No Name Kitchen, a grassroots organisation and member of the BVMN that provides direct assistance to people on the move in border towns along the Balkan Route. Chain pushbacks from Slovenia via Croatia, with migrants being sent back the same way they came, have also continued.
Reports of increased brutality during pushbacks are worrying due to the increased autonomy that state authorities have gained under the pandemic. Pushbacks are illegal and the spread of COVID-19 is no excuse to confront vulnerable people with even more violence.
How are the CPS and the BVMN responding to these trends?
The value of the work done by the BVMN lies in the interconnection of a variety of methods: field work, including trustful contact with people in border areas, testimony collection and advocacy work with clear demands being presented to institutions to hold them accountable for certain actions. Legal work is also essential, when people who have survived human rights violations want to seek justice. Each of the BVMN’s partners has its own strength in one or more of these working methods, and our collective strength is to combine all of them with a comprehensive approach.
Within the network, CPS conducts research that feeds into our awareness-raising and advocacy efforts on access to the asylum system, protection of refugees’ human rights, illegal conduct of the police, the criminalisation of solidarity and integration, with a focus on employment and education.
On integration, two of our big successes has been the Danube Compass, a web tool including all information relevant to the integration of refugees and migrants into Croatian society, and our non-formal education programme for asylum seekers, Let’s Talk about Society, which introduces our new community members to Croatian society and institutions, informs them of their rights and encourages their active participation in society.
Within the network, CPS is a strong legal actor, as we have so far filed 12 criminal complaints against unknown perpetrators in police uniforms. Through strategic litigation, we prevented an extradition and succeeded in filing two lawsuits against the Republic of Croatia at the European Court of Human Rights. As a result of our advocacy, several EU and international institutions, including the United Nations Refugee Agency, started questioning and condemning the practices of the Croatian authorities.
As a consequence of our public exposure of illegal practices towards refugees, we experienced a lot of pressure, and were banned from entering and working in asylum centres. This made our work more difficult but has not compromised our autonomy.
Do you see any progress in holding Frontex, the European border agency, accountable for its failure to protect human rights?
Frontex has faced severe allegations of human rights violations coming from different actors and institutions, and civil society has come together around multiple campaigns and actions on the matter, including #DefundFrontex. Supported by 22 CSOs and networks, including the BVMN, this campaign calls for the agency to be defunded and its budget redirected towards building a government-led and funded European civil sea rescue programme.
The main challenge is that Frontex operates in a grey legal zone and is perceived to have no responsibility for its actions – responsibility always lies with the member state in which Frontex operates. The agency’s rules are made in a way that allows for it to be largely unaccountable. However, we are seeing small steps towards a change in that regard, for example with the active engagement of the European Ombudsman.
How can civil society put pressure on the EU so that its commitment to human rights extends to migrants and refugees, and how can it encourage member states to respect their rights?
One of the ways that BVMN members found to bring together multiple strengths and be louder on key demands is the building of transborder networks. We believe that the active involvement of civil society in each border area, country and village can make a real difference on the public’s influence. Being loud on the rights of refugees and migrants is extremely important. It’s also important to connect a variety of struggles that are highly interconnected and take place across borders, such as struggles on climate change and women’s rights.
Civic space in Croatia is rated ‘narrowed’ by theCIVICUS Monitor.
Get in touch with the Centre for Peace Studies through itswebsite orFacebook page, and follow@CMSZagreb on Twitter.
Get in touch with the Border Violence Monitoring Network through itswebsite orFacebook page, and follow@Border_Violence on Twitter. -
MIGRATION: ‘The way our countries are treating refugees –this isn't the Europe we want’
CIVICUS speaks to Giorgia Linardi, spokesperson for Sea-Watch in Italy, and Julian Pahlke, chairperson of Jugend Rettet (‘Youth Rescues’) and former crew member of the Iuventa ship. Sea-Watch and Jugend Rettet both conduct civil search and rescue (SAR) operations in the Central Mediterranean, a route by which migrants and refugees seek to enter Europe. In the face of an ongoing humanitarian crisis, they provide emergency relief, push for rescue operations by European institutions and stand up for legal escape routes and the removal of the root causes of migration and flight.
Photo: Sea-Watch.org
When did you decide to organise to help migrants and refugees, and why?
Julian Pahlke (JP): Jugend Rettet was founded in early 2016 by a couple of young people in Berlin. As young Europeans, we couldn’t let Europe become a mass grave. Ours is such a rich continent. Why would we leave less fortunate people to drown at sea? We might be geographically disconnected from the Mediterranean, but as Europeans we cannot be disconnected from the issue, because if you look at the way our countries are treating migrants and refugees, this is not the Europe we want.
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NETHERLANDS: ‘A strong sense of solidarity endures with those who are left-behind’
CIVICUS speaks about snap elections taking place in the Netherlands on 22 November with Niels Hoogerheijde, Policy Advisor at Partos, the Dutch membership body for civil society organisations (CSOs) working in international development.
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NETHERLANDS: ‘No government should allow transfers of weapons to a state committing war crimes’
CIVICUS speaks with Frank Slijper, Arms Trade project lead at PAX, about a recent court victory in a case brought jointly with Oxfam Novib and the Rights Forum against the Dutch government for exporting arms to Israel that are being used in the assault on Gaza.
PAX is the largest peace organisation in the Netherlands. It works to protect civilians against acts of war, end armed violence and build inclusive peace.
Why did you bring a lawsuit against the Dutch government?
We brought this lawsuit to stop our government exporting military equipment to Israel. PAX does research into the arms trade in countries that violate human rights and approaches those who finance it by appealing to their social responsibility. Oxfam and the Rights Forum share our values, so we decided to sue the government together. We had previously called on it to stop giving Israel free rein in Gaza but the government had not acted on our calls, choosing instead to continue supplying Israel with F-35 fighter jet parts despite the rapidly deteriorating situation.
No government should allow transfers of weapons to a state committing war crimes. If there was ever a clear case of why this is so, this is it.
Given the urgency of the situation we had to act quickly, and so we did, Merely four weeks after we learned about these exports to Israel, through a government leak posted by the NRC newspaper, we were in court making our case.
What did the court decide?
On 12 February, the Court of Appeal in The Hague ordered the Dutch government to stop all transfers of F-35 fighter jet parts to Israel within seven days, given the clear risk of violations of international humanitarian law by Israel. The court ruled that after 7 October 2023 the minister of Foreign Affairs was obliged to reassess the licence for the export and transit of F-35 parts to Israel and that this assessment should conclude that further export and transit must no longer be permitted. In addition, the court stated that such an assessment cannot be ‘weighed’ against other interests such as potential damage to diplomatic relations or economic interests. It also made clear that any ‘general’ arms transfer licence for an indefinite period must include a reassessment trigger in case the situation changes drastically, because otherwise the very idea of arms export controls would be undermined.
The court also made clear that violations of international humanitarian law don’t need to be proved and that a ‘clear risk’ of such violations suffices. It found it ‘sufficiently plausible’ that F-35 fighter jets were involved in violations of international humanitarian law while also pointing out that there’s no requirement to prove a direct link between a specific weapons transfer and the alleged violations of international humanitarian law.
Importantly, the court rejected claims by the government that information provided by human rights organisations such as Amnesty International and by United Nations (UN) special rapporteurs could not be credibly verified. Instead, it said that such sources must be taken ‘extremely seriously’.
It also reaffirmed the very important role of civil society organisations in monitoring and ensuring the implementation of state obligations under the Arms Trade Treaty (ATT).
The government had a week to comply with the court ruling and said it would do so. Sadly, however, it didn’t agree with the Appeals Court verdict and announced it would take the case to the Supreme Court for a final decision.
Are you taking any further steps in relation with the Dutch government’s approach to the Israel-Palestine conflict?
The Dutch government claims it is taking a balanced approach, speaking to both sides, when in fact it has refused to clearly condemn Israel, voted alongside the USA against UN resolutions that condemn Israel and demand an immediate ceasefire, and has refused to stop supplying weapons to Israel. Yes, it has enabled airdrops of medical supplies, but that is nothing more than a basic humanitarian obligation.
In all the years our government has taken this supposedly balanced approach, not much has been achieved and a solution has not come any closer. More Palestinians have been forcibly displaced and illegal Israeli settlements have grown. We keep advocating for practical steps and measures to stop these violations and for an end to military cooperation between the Netherlands and Israel.
For now, we are awaiting the last part of the legal process, and we have no choice other than keep defending our case, as we have successfully done so far.
Do you expect this court ruling to have any international repercussions?
The Appeals Court’s broad analysis of states’ obligations under the ATT and the European Union Common Position on Arms Exports makes this ruling an important source for any other organisation considering litigation. This case has been incredibly important for the future of arms export control, because it is the first time Dutch judges have set out so clearly and in such detail the government’s obligations to implement export controls. Governments that export arms must ensure that their exports comply with obligations under the ATT.
Civic space in the Netherlands is rated ‘open’ by theCIVICUS Monitor.
Get in touch with PAX through itswebsite orFacebook page, and follow it onTwitter andInstagram.
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New Paper: Regulating Political Activity of Civil Society -- A look at 4 EU countries
A comparative analysis of regulation of civil society organisations’ ‘political activity’ and international funding in Ireland, Netherlands, Germany and Finland. Written by CIVICUS, Irish Council for Civil Liberties, with support from The Community Foundation for Ireland
This paper provides a comparative assessment of how the “political activities” of civil society organisations are regulated in Ireland and three other European Union member states. This paper focuses particularly on organisations, such as human rights organisations, which carry out public advocacy activities and rely on international sources for a substantial portion of their funding.
All four countries are rated as “open” by the CIVICUS Monitor, a global platform which tracks respect for civic space in 196 countries. These four european countries are also well known for their strong promotion of civil society, human rights and democratic freedoms through their foreign policy and international development cooperation on programmes.
Following a brief outline of key international and regional norms, the paper outlines relevant aspects of domestic regulatory systems in Netherlands, Germany and Finland. A final section sets out what Ireland could learn from these examples, with a view to reforming its laws and policies governing “political activities” and foreign funding of civil society organisations.
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Open Letter to the President of the Republic of Belarus, Alexander Lukashenka
Dear Mr. President
We, 48 undersigned organizations from 24 countries, strongly condemn the continuing wave of detentions and harassment of peaceful protesters, journalists, human rights defenders, civil society activists, anarchists and opposition party members in Belarus.
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POLAND: ‘Abortion rights will inevitably be at the forefront of this year’s International Women’s Day’
CIVICUS speaks about the upcoming International Women’s Day and Polish civil society’s role in advancing women’s rights with the team of the Helsinki Foundation for Human Rights (HFHR).
Founded in 1989 by the members of the Helsinki Committee in Poland, the HFHR is a civil society organisation (CSO) that seeks to promote the development of a culture based on respect for freedom and human rights in Poland and abroad. Since 2007 it has had consultative status with the United Nations Economic and Social Council.
What role has Polish civil society played in advocating for abortion rights, both before and during the pandemic?
Polish civil society has advocated for abortion rights for almost 30 years. Jointly with other CSOs, HFHR has continuously monitored the implementation of the legal provisions of the Abortion Act and represented women who were denied access to abortions they were entitled to.
One such case was P. and S. v. Poland, which led to a decision by the European Court of Human Rights that declared Poland responsible for improperly hindering access to abortion by a 14-year-old girl. Polish laws allow abortion if the pregnancy is the consequence of a crime, and in 2008 P. was given a public attestation that authorised her to get an abortion due to her age, as sexual intercourse with minors under 15 is codified as a crime. But doctors in two hospitals refused to provide the abortion, and they even forced her to speak to a priest and disclosed her case to the media, as a result of which she was harassed by anti-abortion activists. They got the police involved and removed her from her mother’s custody. The European Court of Human Rights ruled that Poland had violated Article 3 of the European Convention on Human Rights, which bans ‘inhuman or degrading treatment’.
That was a landmark case and should have been the gateway to a growing recognition of abortion rights. However, the situation only got increasingly worse. Despite civil society opposition, further restrictions were imposed on access to legal abortion. In October 2020, while we were in the middle of the pandemic, a Constitutional Tribunal judgement made access to abortion almost impossible in practice.
Civil society played a crucial role in mobilising in protest against the judgement. And thanks to the engagement of CSOs such as the Federation for Women and Family Planning and Abortion Dream Team, women who required access to abortion received information, legal assistance and other forms of help.
But as a reaction to these protests and acts of resistance, the environment for women’s rights activism deteriorated. Shortly after the protests, at least seven women’s rights and human rights CSOs advocating for sexual and reproductive rights were harassed and threatened and their activists targeted with disinformation campaigns from the government and government-aligned media. Several activists who participated in protests were detained and some face politically motivated criminal charges, including for allegedly breaking pandemic rules.
How has the pandemic impacted on your work?
HFHR is the oldest and largest human rights CSO in Poland. We provide legal assistance to victims of human rights abuses, monitor legal changes affecting human rights and participate in public discussion about the protection of human rights. We focus on the situation in Poland, but also on some other countries in Central and Eastern Europe and Central Asia.
The COVID-19 pandemic heavily impacted on our work. For obvious reasons, many of our in-person meetings were cancelled and we could not get people together. To substitute for this, we shifted online and enhanced our presence on social media. We used it to get in touch directly with our supporters. This allowed us to broaden our audience.
The pandemic also brought new and serious challenges to human rights, including but not only in the area of healthcare. HFHR has monitored pandemic-related legal developments, including restrictions on the right to peaceful assembly. We analysed the impact of the pandemic on human rights protections and made recommendations about this, and intervened in a number of cases in which pandemic-related restrictions on fundamental rights were imposed that were disproportionate and unconstitutional, such as in cases involving restrictions on the rights of defendants in criminal proceedings.
How is civil society advocating for gender equality and how are the authorities responding?
The Polish government has not adopted a comprehensive strategy for promoting gender equality. Further, the state’s institutional system to protect equal treatment has been severely weakened. Not only is the state doing nothing – it is also not very welcoming of civil society initiatives on the matter.
CSOs continue working for gender equality through training activities, programmes and initiatives involving key stakeholders – for instance, by providing school training sessions on equal treatment. But instead of supporting these efforts, parliament recently adopted changes to the Education System Act that will significantly limit the access of CSOs to schools and educational facilities. The law has not come into force yet and has just been vetoed by the president.
The International Women’s Day theme for 2022 is #BreakTheBias. How are you organising around it in the communities you work with?
We think the fact that it is now almost impossible to access abortion is one of the key issues hindering women’s rights in Poland. Sexual and reproductive rights will inevitably be at the forefront of IWD in Poland this year, and this will surely remain one of the priority topics for HFHR in upcoming years.
Civic space in Poland is rated ‘obstructed’ by theCIVICUS Monitor.
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