europe

• POLAND: ‘If lots of tiny actions are performed by many people, we can achieve big things’

  CIVICUS speaks with Magdalena Demczak, co-founder and director of Akcja Menstruacja (Menstrual Action), about the work her organisation is currently doing to help Ukrainian refugees.

  Menstrual Action is the first Polish civil society organisation (CSO) aimed at supporting people experiencing menstrual poverty. It is estimated that limited access to menstrual products, most often for economic reasons but also due to lack of adequate hygiene conditions or education affects around 500,000 people in Poland.

  What made you decide to start helping refugees?

  What made us decide to start helping refugees was the fact that we felt so helpless when watching the news, that we felt the need to help in any way we could.

  At the beginning it was very hard for us to plan our actions because we had no idea what would happen. We were all a bit in shock at such an extraordinary situation. But we took immediate action: we supported checkpoints, raised funds and collected products that were sent to Ukraine directly, and also to the Polish-Ukrainian border. We also supported local Polish families who are hosting Ukrainian families and sites across Poland where Ukrainian refugees can seek information and legal assistance. In these locations there are people who speak Ukrainian and provide translation services.

  What are the key needs you are seeing among refugees?

  People escaping war in Ukraine are arriving in Poland with their hands empty. Right now, refugees are mostly women and their children carrying small bags, since men aged 18 to 60 are banned from leaving: they must stay to defend their country. They are not bringing much – they are just trying to escape, so all they typically have is some clothes, documents and essential medicine.

  They obviously need all kinds of things. First of all, they need shelter and transportation to get there. They also need food, clothing and baby products, among other things. As women make up a large proportion of refugees, there is also a lot of need for all kinds of feminine-care products. Women’s biological cycles – from periods to pregnancies – don’t stop because of a war. There is a massive need for period products, especially menstrual pads, because it’s very easy to forget all about pads when a war erupts and you must flee your country.

  How is Polish civil society, and Menstrual Action more specifically, working to help refugees?

  Polish civil society, and individual Polish citizens, are doing amazing things. There are lines after lines of cars at the border to pick anyone in need of transportation, willing to take them to any Polish city, free of charge of course. Hundreds of thousands are giving out rooms in their homes to Ukrainian refugees, for free and for as long as needed. There are so many amazing people and organisations out there helping refugees.

  Unfortunately, we are aware that the war in Ukraine may last a long time and even after it ends, it will take time to rebuild cities so that people can come back. This means refugees may have to stay in Poland for quite a bit. So a more systemic approach is needed.

  Since the early days, Menstrual Action has been shipping sanitary products to refugees; a few days ago, for instance, our volunteers brought 180 kilograms of sanitary pads to the Polish-Ukrainian border. Quite a few of our volunteers are now working directly at the border, not because we sent them but because they chose to go.

  But we are now ready to undertake more long-term actions. We have talked to local manufacturers of period products to buy directly from them, and we will distribute these products in various locations and communities, as well as to CSOs working with refugees. While normally we would focus on period poverty, in such an extraordinary situation we are also supporting wider groups of refugees by providing adult diapers and other sanitary products such as toilet paper.

  As an organisation, we have the capacity to provide sanitary and menstrual products. Our contribution saves other charities money that they can better spend on other humanitarian needs. Sending goods to the border can be a logistics nightmare, so if by shipping them ourselves we can save others a significant amount of money they can invest elsewhere, we feel that our work is done.

  The actions of any specific organisation will always be too small to fulfil the needs of millions of people fleeing a war. But if lots of tiny actions are performed by many people, I believe we can achieve big things.

  Have your existing capacities and resources from your ongoing work proved useful?

  Our network has proved vital. We have intensively used our connections with menstrual product manufacturers, suppliers and other charities. We regularly support hundreds of Polish schools with menstrual products, but this year we were able to send out those packages earlier than usual to make room in our warehouses and gather menstrual products to be distributed among Ukrainian refuge centres around Poland.

  Before the crisis, we started a project called Pad Sharing, which connects donors with people who need menstrual products. If you are poor and having your period, and you had to choose between food and pads, you would get food, right? So we partnered with Rossmann drugstore, put up a form for people in need to enter their name, an address to locate the closest Rossmann store, an email address and the required product and amount. We receive the form and forward it to a donor who gets the list of products needed and does the shopping. When they are done, the person in need gets a call that their order is ready for pick-up at the Rossmann drugstore of their choice. We are just intermediaries and the person who needs help remains anonymous during the whole process. We have so far supported 2,200 people this way.

  This project became vital in the current situation. We translated the Pad Sharing form into Ukrainian and shared it online. We emphasised that, due to the extraordinary situation, people can request anything from the pharmacy, not just menstrual products. We don’t provide medicine but can refer them to other organisations that do. We are aware of refugees’ needs, and so are our donors.

  Have you seen any evidence of non-white refugees being treated differently?

  I’ve seen many clips of Black people waiting at the border and read several allegations that some were refused entry into Poland. But I’m a white woman who currently isn’t even living in Poland but in the UK, so I’m extra-privileged. I didn’t cross the border, I wasn’t there and I don’t pretend to speak for non-white people or to know about their personal experiences.

  Some people have pointed out that the current attitude towards Ukrainian refugees differs from how other refugees have been treated, including Afghan refugees trying to cross to Poland from the Belarusian border. We are aware that the reaction may have been different, but Menstrual Action did help Afghan refugees at the time – we contacted and connected various organisations to help Afghan refugees.

  There is a Polish organisation called Black Is Polish, established by Black Polish women from various backgrounds, which is helping Black people and other people of colour escape Ukraine. There’s been a lot of disinformation on social media. For instance, it has been said that only people with Ukrainian passports could cross the border. This is not correct: anyone can seek refuge in Poland. This disinformation was very harmful to people of colour trying to escape Ukraine.

  I won’t deny we Eastern Europeans have many racism issues, but I wouldn’t want this to detract from the biggest issue we currently face: war in Ukraine and Vladimir Putin’s authoritarian regime. There is a disinformation war going on. The Russian Ministry of Foreign Relations has even said that Russia didn’t invade Ukraine. Russian-funded trolls are trying to instrumentalise racist incidents that have indeed happened on the border to put Ukraine on the ‘bad side’ and to justify the Putin regime and its war of aggression.

  What could people internationally be doing to help?

  The first thing they should do is follow the news through reputable sources. They must be aware of circulating disinformation and fake news. Before clicking ‘retweet’, ‘like’ or ‘subscribe’, you must think why you are getting this piece of news, where it is coming from, what the intentions are behind it and who would benefit if you spread it. Would it be beneficial for struggling people, or would it benefit the Putin regime? The international community must stay aware and cautious because it’s very easy to get lost in the news if you live far away from Ukraine.

  If you have money to donate, you should support legitimate organisations helping people inside Ukraine who cannot escape and those who chose to remain there to fight for their country. We still have an international donations systems to receive donations from anywhere around the world.

  People in other global regions are not taught a lot about the history of the Soviet Union, its beginnings and its end, and the establishment of countries such as Ukraine and Belarus. So if you can, try to learn this part of history and to understand why this part of the world looks the way it does. It’s very important to understand how the past influences the present and to make sure the worst of history does not repeat itself.

  Civic space in Poland is rated ‘obstructed’ by theCIVICUS Monitor.
  Get in touch with Akcja Menstruacja through itswebsite andFacebook andInstagram pages. 

• POLAND: ‘In reaction to conservative backlash, public support for LGBTQI+ rights is on the rise’

  

  CIVICUS speaks about 2023 Pride and Polish LGBTQI+ rights organisations’ response to the conservative backlash against LGBTQI+ rights with Annamaria Linczowska, advocacy and litigation officer at Campaign Against Homophobia (KPH).

  Founded 2001, KPH is a Polish LGBTQI+ civil society organisation (CSO) working to counter violence and discrimination based on sexual orientation and gender identity through political, social and legal advocacy.

   

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

   

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

  

  Photo by Przemyslaw Stefaniak

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

   

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

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

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

  What is the situation of LGBTQI+ rights in Poland?

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

• POLAND: ‘The crisis of democracy and human rights will deepen’

  CIVICUS speaks with Małgorzata Szuleka about Poland’s recent presidential elections, held under the COVID-19 pandemic, and the ruling party’s use of anti-LGBTQI+ rhetoric to mobilise its electorate. Małgorzata is a lawyer at the Helsinki Foundation for Human Rights (HFHR) Poland, one of the largest and oldest human rights organisations in Poland and the region. HFHR Poland represents victims of human rights abuses in court proceedings, conducts research and monitors human rights violations. Since 2015 it has actively monitored the increasing rule of law violations in Poland. It works with partners in Eastern Europe, Central Asia, the European Union (EU) and the USA.

  

  After rescheduling, the Polish elections were held in June and July 2020. What was civil society’s position on having an election during the COVID-19 pandemic?

  The elections were originally scheduled for May 2020 and organising them posed a huge legal problem because there was no legal mechanism to postpone them. The only way to reschedule them was to announce a state of emergency, as provided for by the constitution. No elections may be organised during a state of emergency or within the next 90 days of it ending. From a constitutional perspective, an official declaration that the country was experiencing an epidemic would give the government the prerogative to introduce the state of emergency. This would automatically extend the term of office of the president until after regular elections could be scheduled, once the epidemic was over. However, the government did not follow this process. The elections were rescheduled and the run-off vote between the two leading candidates was held on 12 July 2020 on very dubious legal grounds. However, this wasn’t questioned by neither the government majority, nor the opposition.

  Civil society organisations (CSOs) first pushed the government to organise the elections in a proper way, urging it to announce a state of emergency. Once this didn’t happen, CSOs tried to raise the issue of international monitoring, mainly in terms of fairness and financing of the campaign. The problem was that the election was expected to be free but not fair. Public media was biased towards the candidate supported by the ruling Law and Justice (PiS) party, President Andrzej Duda, and extremely critical and unprofessional towards any opposition candidate. Even though no state of emergency had been declared, many fundamental rights such as the freedoms of assembly and access to information were limited. These were major concerns.

  There was also the problem of the Supreme Court confirming the validity of the elections. On 12 July, President Duda was re-elected for a second term by a tight margin. He received 51 per cent of the vote while the opposition Civic Coalition contender received 49 per cent. Turnout was barely above 68 per cent, and more than 5,800 complaints were submitted regarding irregularities in the process. The Supreme Court ruled that 92 of those complaints were justified but had not influenced the final result, so it declared the results valid. Sadly, this decision completely ignored the problem of the constitutional and legal grounds for organising the elections in the first place.

  Were measures adopted to protect people during the campaign and voting process? Did the pandemic have any impact on turnout?

  The organisation of the campaign involved sanitary measures regarding social distancing and mask use. But these provisions were not fully respected on both sides. For campaigning purposes, the government loosened some restrictions; for example, even though face mask use was mandatory, pictures were published of the prime minister not wearing one in public. Also of concern was the fact that many public authorities engaged in political campaigning alongside President Duda. Public institutions were instrumentalised by ruling politicians. The government security centre, responsible for coordination and information in case of natural calamities or danger, sent out mass text messages on election day. Every voter received a message that said that people over 60 years old, pregnant women and people with disabilities could vote without waiting in line. This might have been used to mobilise the core electorate of the ruling party. This is just one example, but it could be an indication of the role played by official institutions to tilt the playing field in favour of the PiS party.

  Was media coverage during the election fair?

  Public media coverage was absolutely unfair. The rest of the coverage, mainly by private media, was relatively good; it definitely was not as bad as public media coverage, which was used for propaganda and enhanced President Duda’s campaign.

  One of elections complaints brought to the Supreme Court specifically referred to media coverage. It stated that public television supported the incumbent while systematically discrediting his rival, and that public institutions and officials repeatedly violated correct conduct by supporting only one of the candidates. But the problem with the entire institution of election complaints is that you need to prove not only that the alleged irregularity happened, but also that it had an impact on the election results. In presidential elections such as this one, this is very difficult to prove. Additionally, the electoral code doesn’t regulate the work of the media, so it’s hard to make the legal claim that the media should operate differently. And if you do, it is also difficult to prove that particular coverage of a particular candidate, or the lack of coverage, resulted in a particular election result. We can intuitively assume this, particularly in view of such tight results, but it is very difficult to create a solid legal case.

  What does President Duda’s re-election mean for democracy and human rights in Poland?

  It is a continuation of a very worrying trend. Out of all possible campaign issues, President Duda chose to focus on stoking homophobia. The campaign took place in a context of a years-long backsliding of the rule of law, in the middle of a crisis of relations between Poland and the EU, during a huge healthcare challenge and on the verge of an economic crisis that will affect everyone in Poland. But none of these issues were the focus of the political campaign and public discussion. President Duda mainly spoke about LGBTQI+ people posing a threat to our Christian traditional heritage, equating homosexuality with paedophilia. The issue was narrowed down to this divisive, outrageous and dehumanising narrative by the PiS party. It was a very pragmatic move from PiS spin doctors because it mobilised the very core of the electorate. All of a sudden LGBTQI+ groups and communities became the scapegoat for everything that is wrong in Poland. It is outrageous how much this issue was politicised and how it was used to dehumanise this minority group. It was painful and heartbreaking to watch.

  And the campaign was far from the end of it. President Duda is just a representative of the ruling PiS party, so he will say whatever he needs to keep them aligned. This is just a matter of calculation and internal power struggles. In June, the PiS party targeted LGBTQI+ people. In July, it targeted victims of domestic violence by starting discussion on withdrawing from the Istanbul Convention. In August, it proposed to register CSOs that are financed from abroad. Now I don’t know who is going to be their next enemy. It’s not only about being homophobic but rather about this governing majority always needing an enemy to confront or blame.

  We just entered a phase in which there will be no elections for the next three years so we can expect a huge consolidation of power and the government doing everything that it dreams of, such as creating pressure on CSOs, further polarising the media, targeting specific minority groups and escalating the conflict with the EU. We can expect all of this to happen over the next three years. The only thing that can stop them is pragmatic evaluation about whether this is needed at this time or whether there might be something more important to do. But I think the crisis of democracy and human rights in Poland will deepen.

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

  Get in touch with the Helsinki Foundation for Human Rights-Poland through itswebsite orFacebook page, and follow@hfhrpl and@m_szuleka on Twitter.

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

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

  

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

• Poland: A Year On, Abortion Ruling Harms Women

  Anniversary Marks Ongoing Assault on Women’s Rights, Rule of Law

  Women, girls, and all pregnant people have faced extreme barriers to accessing legal abortions in the year since a Constitutional Tribunal ruling virtually banned legal abortion in Poland, 14 human rights organizations said today. Since the ruling, women human rights defenders have also faced an increasingly hostile and dangerous environment.

  Poland’s authorities should end efforts to undermine reproductive rights and weaken protections from gender-based violence. They should commit to protecting women human rights defenders who have faced ongoing threats and attacks since the October 2020 decision. Escalating death threats since October 9 against Marta Lempart, co-founder of Ognopolski Strajk Kobiet (All-Poland Women’s Strike) and a target of repeated threats for leading demonstrations supporting legal abortion and women’s rights, led to her police protection during public appearances.

  “The Constitutional Tribunal ruling is causing incalculable harm to women and girls – especially those who are poor, live in rural areas, or are marginalized,” said Urszula Grycuk, international advocacy coordinator at the Federation for Women and Family Planning (Federa) in Poland. “The dignity, freedom and health of pregnant people are compromised because their own government is denying them access to essential reproductive health care.”

  The organizations are Abortion Support Network, Amnesty International, the Center for Reproductive Rights, CIVICUS, Federa, FOKUS, Human Rights Watch, International Campaign for Women’s Right to Safe Abortion, International Federation for Human Rights (FIDH), International Planned Parenthood Federation-European Network, MSI Reproductive Choices, Le Planning Familial, Riksförbundet för sexuell upplysning/The Swedish Association for Sexual and Reproductive Rights, and Strajk Kobiet/Women’s Strike.

  Poland’s Constitutional Tribunal, whose independence and legitimacy is profoundly eroded, is widely acknowledged as politically compromised. On October 22, 2020, it ruled that abortion on grounds of “severe and irreversible fetal defect or incurable illness that threatens the fetus’ life” was unconstitutional. The government brought the case to the tribunal after parliament failed to adopt legislation with the same effect. The ruling came into force on January 27, 2021.

  This eliminated one of the few legal grounds for abortion under Poland’s highly restrictive law. Previously, over 90 percent of the approximately 1,000 legal abortions annually in Poland were on these grounds. The ruling came as Covid-19 pandemic restrictions made travel for health care prohibitively difficult and costly. The ruling spurred the country’s largest public protests in decades, led by women human rights defenders.

  Activists and women’s rights groups reported that the ruling had a significant chilling effect as people seeking abortions and medical professionals feared repercussions. Abortion Without Borders, which aids women in European countries where abortion is illegal or access is highly restricted, reported that 17,000 women in Poland contacted them in the six months after the ruling for help accessing abortion, and that they continue to receive about 800 calls a month.

  Federa, a Polish reproductive health and rights organization, reported conducting approximately 8,100 consultations in the 11 months after the ruling, 3 times as many as during the same period in previous years. This included calls to its helpline and over 5,000 emails concerning access to abortion and other sexual and reproductive health services.

  Since the Law and Justice party came to power in 2015, Poland’s government has repeatedly moved to further curb sexual and reproductive health and rights, including by supporting a 2016 draft bill for a total abortion ban that parliament rejected following mass public protest. The government also supported a draft bill, introduced by an ultra-conservative group, to essentially criminalize comprehensive sexuality education. The bill has been in committee since April 2020. These bills are “civic initiatives,” which require public signatures to be considered.

  In September 2021, the same group introduced a new civic initiative “Stop Abortion” bill to parliament. It would consider abortion at any stage a homicide and would bring criminal penalties against women who have abortions, and anyone who assists them, with punishment of up to 25 years in prison. The bill is backed by Ordo Iuris Institute for Legal Culture, an ultra-conservative, anti-choice, and anti-lesbian, gay, bisexual, transgender, and intersex (LGBTI) group.

  Women’s rights organizations and parliament members of the opposition Lewica party are collecting signatures for a civic initiative bill, “Legal Abortion Without Compromise,” which would permit abortion without restriction as to reason up to the twelfth week of pregnancy. It would permit abortion after 12 weeks in cases of risk to the person’s mental or physical health, a non-viable pregnancy, or pregnancy resulting from rape or incest.

  Evidence consistently demonstrates that laws restricting or criminalizing abortion do not eliminate it, but rather drive people to seek abortion through means that may put their mental and physical health at risk and diminish their autonomy and dignity. The United Nations Human Rights Committee has said that as part of the obligation to protect the right to life of pregnant people, states should not apply criminal sanctions against anyone undergoing abortion or medical service providers assisting them.

  In July, the European Court of Human Rights (ECtHR) announced that it will address complaints from Polish women who may be victims of violations of the European Convention on Human Rights and Fundamental Freedoms due to the Constitutional Tribunal’s abortion ruling. Poland’s government has failed to effectively implement previous ECtHR judgments concerning access to lawful abortion despite repeated calls and a March judgmentby the Committee of Ministers of the Council of Europe.

  The Law and Justice government has also targeted women’s rights organizations and activists. Activists said that government rhetoric and media campaigns smearing them and their work foster misinformation and hate that can put their safety at risk. Several women’s rights defenders were detained or face what they describe as politically motivated criminal charges for actions during protests following the Constitutional Tribunal’s abortion ruling. Activists received multiple bomb and death threats in February and March for their support of reproductive rights but said that, in many cases, police minimized the security risks and either did not open investigations or failed to pursue them effectively. No one has been held accountable for these threats. Police launched investigations and arrested one man in connection with online death threats to Lempart ahead of her planned appearance at a protest on October 11, and are now providing her protection at public events.

  The government has undermined efforts to combat gender-based violence, including by initiating Poland’s withdrawal from a landmark European convention on violence against women, the Istanbul Convention. The government referred the convention to the politically compromised Constitutional Tribunal for review due to its definition of “gender.” Campaigns against gender equality have been used to target women’s and lesbian, gay, bisexual, transgender, and intersex rights and those who support them.

  “Extreme restrictions on abortion are part of a broader assault by Poland’s government on human rights, including women’s rights and LGBTI rights, and the rule of law,” said Marta Lempart, co-founder of Strajk Kobiet. “It should alarm all Europeans that this is happening in their own backyard, even as European governments claim to be leaders on women’s rights and democratic values.”

  The anti-abortion ruling’s anniversary comes amid increasing tensions between Poland’s government and the European Union after an October 7 Constitutional Tribunal ruling rejecting the binding nature of EU law. It followed a series of EU Court of Justice rulings that the Polish government’s weakening of judicial independence breaches EU law. The European Commission said it “will not hesitate to make use of its powers” under EU treaties to ensure application of EU law and protect people’s rights.

  Poland’s government should reverse restrictions on reproductive rights and ensure that these rights are upheld in accordance with international law, including the right to access safe abortion. It should cease attacks on women’s rights and women human rights defenders and end moves to undermine the rule of law, democracy, and human rights.

  The European Commission and EU member states should urgently address rule of law breaches and their impact on women’s human rights, including reproductive rights, in Poland. The European Commission should trigger legal infringement proceedings for Polish authorities’ use of a politically compromised Constitutional Tribunal to erode the rights of people in Poland and undermine democratic checks and balances, in blatant violation of the EU Treaties.

  The Commission and EU member states should act to protect and support women’s rights defenders and organizations in Poland. Member states should actively support people in Poland seeking access to abortion.

  The Commission should urgently implement the mechanism tying access to EU funds to respect for EU values and continue its commitment to tie EU Recovery Funds to rule of law guarantees. EU member states should advance and expand scrutiny under Article 7.1 of the Treaty on European Union (TEU) by adopting specific recommendations or voting to determine that there is a clear risk of a serious breach of EU values in Poland, as has been called foralso by European Parliament.

  “Despite fear and repercussions, people in Poland are fighting every day to protect rights that everyone in the EU should be able to exercise freely, including access to safe abortion,” said Hillary Margolis, senior women’s rights researcher at Human Rights Watch. “Women’s rights are on a precipice in Poland, and unless the European Commission and Council act to defend democratic values, more and more women and girls will suffer the consequences.”

  For more Human Rights Watch reporting on Poland, please visit:
  https://www.hrw.org/europe/central-asia/poland

  For more information, please contact:
  For Human Rights Watch, in London, Hillary Margolis (English): +1-917-385-4107 (US mobile) or +44 (0)7733-486-524 (UK mobile); or . Twitter: @hillarymargo
  For Human Rights Watch, in Brussels, Philippe Dam: (French, English): +32-495-45-22-71 (mobile); or . Twitter: @philippe_dam
  For Human Rights Watch, in Budapest, Lydia Gall (English, Swedish, Hungarian): +36-702-748-328 (mobile); or . Twitter: @LydsG
  For Abortion Support Network (part of Abortion Without Borders), in London, Mara Clarke (English): +44 (0) 7913-353-530; or
  For Amnesty International, Alison Abrahams: +32-483-680-812 or +44-20-7413-5566; or ; or . Twitter: @amnestypress     
  For the Center for Reproductive Rights, in New York, Geraldine Henrich-Koenis (English): +1-703-314-1137; or . Twitter: @ReproRights
  For CIVICUS,in Johannesburg, Aarti Narsee: ; or . Twitter @ajnarsee
  For FIDH, in Brussels, Elena Crespi (English, French, Italian, Spanish): +32-484-875-964. Twitter: @ecrespi_fidh
  For FIDH, in Paris: Marc de Boni (French, English): +33-6-722-842-94. Twitter: @MarcdeBoni
  For Federa, in Warsaw, Urszula Grycuk (Polish, English): .
  For International Planned Parenthood Federation European Network,in Brussels, Irene Donadio (English, Italian): +32-491-071-93-90; or . Twitter: @ippfen
  For the Polish Women’s Strike, in Warsaw, Anna Styrańczak: +48-881-718-904; or .

  Civic space in Poland is rated as narrowed by the CIVICUS Monitor

• Polish government must stop violent crackdowns on protesters

  #Poland: Authorities must refrain from using excessive force against protesters who are demonstrating against a near-total ban on #abortion. Military deployment at this time is also a concern. We call on EU leaders to act urgently https://t.co/I3Exr6icfr pic.twitter.com/4CRzWD7dyL

  — CIVICUS (@CIVICUSalliance) October 29, 2020

   

  Przeczytaj oświadczenie w języku polskim

  Polish law enforcement and military, deployed today across the country, must refrain from using excessive force against protesters who have taken to the streets to express their discontent with the Polish government under the ruling PiS (Law and Justice) party.  

• POLOGNE : « La crise de la démocratie et des droits humains va s'aggraver »

  CIVICUS parle à Małgorzata Szuleka à propos de la récente élection présidentielle en Pologne, qui s'est tenue pendant la pandémie COVID-19, et sur l'utilisation par le parti au pouvoir de la rhétorique anti-LGBTQI+ pour mobiliser son électorat. Małgorzata est avocate à la Fondation Helsinki pour les droits humains (HFHR) - Pologne, l'une des plus grandes et des plus anciennes organisations de défense des droits humains en Pologne et dans la région. La HFHR Pologne représente les victimes de violations des droits humains dans les procédures judiciaires, mène des enquêtes et surveille les violations des droits humains. Depuis 2015, elle surveille activement les violations croissantes de l'État de droit en Pologne. Elle travaille avec des organisations partenaires en Europe de l'Est, en Asie centrale, dans l'Union européenne (UE) et aux États-Unis.

  

  Après avoir été reprogrammées, les élections polonaises ont eu lieu en juin et juillet 2020. Quelle était la position de la société civile sur la tenue d'élections pendant la pandémie de la COVID-19 ?

  Les élections étaient initialement prévues pour mai 2020 et leur organisation posait un gros problème juridique car il n'y avait pas de mécanisme légal pour les reporter. La seule façon de les reporter était de déclarer l'état d'urgence, comme le prévoit la Constitution. Les élections ne peuvent pas être organisées pendant l'état d'urgence ou dans les 90 jours suivant sa fin. D'un point de vue constitutionnel, une déclaration officielle reconnaissant que le pays subissait une épidémie aurait donné au gouvernement la prérogative d'imposer l'état d'urgence. Cela aurait automatiquement prolongé le mandat du président jusqu'à ce que des élections régulières puissent être programmées, une fois l'épidémie terminée. Cependant, le gouvernement n'a pas suivi cette procédure. Les élections ont été reprogrammées et le second tour entre les deux principaux candidats a été reporté au 12 juillet 2020 sur la base d'arguments juridiques très douteux. Cependant, cela n'a été contesté ni par la majorité gouvernementale ni par l'opposition.

  Les organisations de la société civile (OSC) ont d'abord fait pression sur le gouvernement pour que les élections se déroulent correctement, l'exhortant à déclarer l'état d'urgence. Lorsque cela ne s'est pas produit, les OSC ont essayé de soulever la question du contrôle international, principalement en termes d'équité et de financement des campagnes. Le problème était qu’on s’attendait à ce que les élections soient libres mais non justes. Les médias publics ont fait preuve de partialité à l'égard du président Andrzej Duda, le candidat soutenu par le parti au pouvoir Droit et Justice (PiS), et se sont montrés extrêmement critiques et plutôt peu professionnels à l'égard de tout candidat de l'opposition. Bien que l'état d'urgence n'ait pas été déclaré, de nombreux droits fondamentaux, tels que la liberté de réunion et l'accès à l'information, se sont vus limités. Telles étaient les principales préoccupations.

  Il y avait aussi le problème de la Cour suprême qui confirmait la validité des élections. Le 12 juillet, le président Duda a été réélu pour un second mandat avec une faible marge. Il a obtenu 51 % des voix, tandis que son adversaire de l'opposition, la Coalition civique, en a obtenu 49 %. Le taux de participation a été légèrement supérieur à 68 % et plus de 5 800 plaintes pour irrégularités ont été déposées. La Cour suprême a jugé que 92 de ces plaintes étaient justifiées mais n'avaient aucune influence sur le résultat final, elle a donc déclaré les résultats valables. Malheureusement, cette décision a complètement négligé le problème des bases constitutionnelles et juridiques sur lesquelles ces élections avaient été convoquées.

  Des mesures ont-elles été prises pour protéger les gens pendant la campagne et le processus de vote ? La pandémie a-t-elle eu un impact sur la participation électorale ?

  L'organisation de la campagne a impliqué des mesures sanitaires en termes de distanciation sociale et d'utilisation de masques. Mais ces dispositions n'ont pas été pleinement respectées par les deux parties. Pour les besoins de la campagne, le gouvernement a assoupli certaines restrictions ; par exemple, bien que le port du masque facial soit obligatoire, des photographies ont été publiées dans lesquelles le premier ministre n'en portait pas en public. Le fait que de nombreux fonctionnaires aient participé à la campagne électorale aux côtés du président Duda est également préoccupant. Les institutions publiques ont été instrumentalisées par les hommes politiques du parti au pouvoir. Le centre de sécurité du gouvernement, responsable de la coordination et de l'information en cas d'urgence ou de catastrophe naturelle, a envoyé des SMS de masse le jour des élections. Chaque électeur a reçu un message disant que les personnes de plus de 60 ans, les femmes enceintes et les personnes handicapées pouvaient voter sans faire la queue. Cela aurait pu être utilisé pour mobiliser l'électorat du parti au pouvoir. Ce n'est qu'un exemple, mais il pourrait être révélateur du rôle joué par les institutions de l'État pour faire pencher la balance en faveur du parti PiS.

   

  La couverture médiatique pendant les élections a-t-elle été équitable ?

  La couverture médiatique publique était absolument injuste. Le reste de la couverture, principalement par les médias privés, a été assez bon ; il n'a certainement pas été aussi mauvais que les médias publics, qui ont été utilisés à des fins de propagande et ont renforcé la campagne du président Duda.

   

  L'une des plaintes électorales déposées auprès de la Cour suprême portait spécifiquement sur la couverture médiatique. Elle a déclaré que la télévision publique soutenait le président tout en discréditant systématiquement son rival, et que les institutions et les fonctionnaires publics ont violé à plusieurs reprises le code de conduite en soutenant un seul des candidats. Mais le problème avec le mécanisme de plaintes électorales est qu'il exige la preuve non seulement que l'irrégularité alléguée a eu lieu, mais aussi qu'elle a eu un impact sur les résultats des élections. Lors d'élections présidentielles comme celle-ci, c'est une chose très difficile à prouver. De plus, le code électoral ne réglemente pas le travail des médias, il est donc difficile de soutenir juridiquement que les médias devraient fonctionner différemment. Et si on y parvient, il est également difficile de prouver que la couverture (ou l'absence de couverture) reçue d'un média par un candidat particulier a abouti à un résultat électoral particulier. C'est une chose que nous pouvons intuitivement supposer, en particulier face à des résultats aussi serrés, mais il est très difficile de créer un argument juridique solide.

  Quelles sont les implications de la réélection du président Duda pour la démocratie et les droits humains en Pologne ?

  Elle représente la poursuite d'une tendance très inquiétante. Parmi tous les objets de campagne possibles, le président Duda a choisi d'alimenter l'homophobie. La campagne s'est déroulée dans le contexte d'un processus de longue date de recul de l'État de droit, au milieu d'une crise dans les relations entre la Pologne et l'UE, au cours d'un énorme défi sanitaire et au bord d'une crise économique qui touchera tous les Polonais. Mais aucune de ces questions n'a été au centre de la campagne électorale et du débat public. Le président Duda a surtout parlé des personnes LGBTQI+ qui représentent une menace pour notre héritage chrétien traditionnel, assimilant l'homosexualité à la pédophilie. La question s'est distillée dans le récit diviseur, scandaleux et déshumanisant du parti PiS. C'était un geste très pragmatique des astucieux propagandistes du PiS car il a mobilisé le noyau même de l'électorat. Soudain, les groupes et communautés LGBTQI+ sont devenus le bouc émissaire de tout ce qui ne va pas en Pologne. Il est scandaleux de constater à quel point cette question a été politisée et comment elle a été utilisée pour déshumaniser cette minorité. Ce fut un spectacle douloureux et déchirant.

  Et cela ne s'est pas terminé avec la campagne. Le président Duda n'est qu'un représentant du parti PiS, il dira donc tout ce qu'il faut pour le maintenir aligné. Ce n'est rien d'autre qu'une question de calcul et de lutte de pouvoir interne. En juin, le parti PiS a ciblé la population LGBTQI+. En juillet, elle a ciblé les victimes de violence domestique en lançant un débat sur le retrait de la Convention d'Istanbul. En août, il a proposé un système de registre pour les OSC qui reçoivent des fonds de l'étranger. Maintenant, je ne sais pas qui sera son prochain ennemi. Ce n'est pas seulement que la majorité actuelle au pouvoir est homophobe, mais aussi qu'elle a tout le temps besoin d'avoir un ennemi à affronter ou à blâmer.

  Nous venons d'entrer dans une phase où il n'y aura pas d'élections pendant trois ans, alors attendez-vous à une consolidation majeure du pouvoir qui permettra au gouvernement de faire ce qu'il veut : exercer plus de pression sur les OSC, polariser davantage les médias, attaquer les groupes minoritaires et intensifier le conflit avec l'UE, entre autres choses. On peut s'attendre à ce que tout cela se produise au cours des trois prochaines années. La seule chose qui pourrait les arrêter est l'évaluation pragmatique de la question de savoir si c'est quelque chose qui répond au besoin du moment ou s'il pourrait y avoir autre chose de plus important. Mais je crois que la crise de la démocratie et les droits humains en Pologne va s'aggraver.

  L'espace civique en Pologne est classé« rétréci »par leCIVICUS Monitor.
  Contactez la Fondation Helsinki pour les droits humains - Pologne via sonsite web ou sa pageFacebook, et suivez@hfhrpl et@m_szuleka sur Twitter. 

• POLOGNE : « Nous avons inventé de nouvelles formes de protestation parce que nous n’avions pas d’autre choix »

  CIVICUS s’entretient avec Klementyna Suchanow, activiste, auteure et chercheuse basée à Varsovie, en Pologne, au sujet de l‘annonce récente du gouvernement polonais d’entamer le processus de retrait de la Convention d’Istanbul sur la violence contre les femmes. Klementyna est l’une des fondatrices de laGrève des femmes polonaises et de la Grève internationale des femmes. La grève des femmes polonaises est un mouvement féministe de base fondé en 2016 pour défendre les droits des femmes contre l’initiative du gouvernement visant à interdire et à criminaliser l’avortement. Pendant la pandémie de la COVID-19, le mouvement est resté uni et actif grâce à un groupe Facebook et continue de se mobiliser pour les droits des femmes polonaises.

• PORTUGAL: ‘The rise of the populist right only further weakens trust in the political system’

  Also available in Portuguese

  CIVICUS speaks about early elections taking place in Portugal on 10 March with Ana Carmo from Akto, a Portuguese civil society organisation that promotes human rights and democratic values through advocacy, campaigning and education.

  What are the main issues the new government will have to deal with, and how are candidates proposing to address them?

  The most pressing issues that should be addressed by the new government and have been central to election debates are housing, health, pensions, education, immigration and the climate crisis. There are several other issues that are also on the agenda and should be addressed, including some related to the police and the justice system.

  These are issues that allow for very different answers depending on where you are on the ideological spectrum. The more left-wing parties propose measures that require greater state intervention and public investment, while those towards the right present proposals that benefit the private sector and investors, and require less state intervention, arguing this will lead to economic growth and subsequently greater wellbeing.

  Portuguese politics tend to revolve around two parties, the Socialist Party (PS) and the Social Democratic Party (PSD), both close to the centre. In this campaign, Pedro Nuno Santos, head of the PS ticket, has put forward proposals that are further to the left than usual for the PS, while Luís Montenegro, who leads the ticket of the Democratic Alliance (AD), a coalition led by the PSD, has followed his party’s usual ideological line.

  What’s more, the PS is wearing out, perhaps due to its eight consecutive years in power, while the PSD, instead of preparing to succeed it, is also getting weaker. Instead, more radical right-wing parties are growing, notably Chega, identified as a ‘catch-all’ party, ideologically amorphous, populist and opportunistic, which adapts its discourse to whatever allows it to win the most votes.

  A climate of discontent, frustration and perhaps revolt has led more and more people to vote for Chega as a form of protest. However, the growth of a party like Chega only further weakens trust in the political system.

  Have disinformation or hate speech been a problem during the campaign?

  There have been problems with disinformation, particularly spread by Chega, whose discourse is not based on facts. That’s why we often hear false statements or fallacious ideas coming from its leader and members of parliament. Chega has been running an anti-immigration campaign that appears to have instigated hate speech and expressions of xenophobia within society. On 3 February, a far-right march against the ‘Islamisation of Europe‘ took place in Lisbon’s Martim Moniz neighbourhood, an area known for its multicultural diversity. The march was banned by Lisbon City Council and the courts for its content and the danger it posed to citizens. Nevertheless, people still took to the streets.

  Some media and the other political parties are making an effort to challenge fallacies about immigration, emphasising that the truth is that Portugal is a country of emigrants. They also highlight positive facts about immigrants, such as their great contribution to Portuguese social security, which allows pensions to be paid. It is a very strong argument in favour of immigration.

  During its campaign, Chega also made the absurd and impactful proposal to ‘end support for gender equality’. This statement once again needed a deconstruction and fact-checking effort by the media and forced the other political parties to take a stand.

  With the increasing spread of ‘fake news’, Portuguese media have set up fact-checking programmes to help counter the trend and maintain journalistic rigour. However, disinformation campaigns are more difficult to combat on social media, where Chega has succeeded in meddling. Because of this, polls point to a significant percentage of young people potentially voting for this populist party that jeopardises our fundamental rights.

  To encourage debate about ideas, Portuguese media joined forces to organise political debates between the leaders of all parties represented in parliament, as they did in 2015. In the version implemented this year, candidates debate each other for around 25 minutes and these debates are broadcast and commented on in various news channels. This allows civil society to be better informed about their choices and people have shown interest, because debates have received top ratings.

  What do you think the result of the elections could be?

  Since the resignation of Prime Minister António Costa in November 2023 due to a corruption investigation that implicated him in influence peddling, corruption and malfeasance in energy projects, the political landscape has become increasingly unpredictable.

  First, as he was elected PS leader, Nuno Santos was viewed as Costa’s unequivocal successor as prime minister, due to his charisma as well as the fact that his party had an absolute majority. Montenegro, in comparison, is not a charismatic leader and has had a career of setbacks. The PSD has been losing strength to more radical and populist parties such as Chega and Liberal Initiative, which is not seen so much as a populist party and still has space on the spectrum of the political right. The PSD doesn’t want to ally itself with Chega, and Liberal Initiative rejected a coalition with the PSD, causing it to ally with the CDS-Popular Party and the Monarchist Party.

  By entering a coalition with two parties without parliamentary seats, the PSD resurrected a 1979 solution in an attempt to confront the PS’s absolute majority. But even so, it didn’t initially gain the ground it wanted.

  The left has also lost relevance: the Left Bloc currently has five parliamentary seats, the Portuguese Communist Party has six and Livre has one.

  In the presence of a left that some commentators describe as ‘asleep’, a one-party centre bloc and a right without an assertive leader, Chega is the only party flourishing.

  In late 2023, opinion polls pointed to a new PS majority, but since the formation of the AD coalition, some polls suggest a potential AD victory. At the moment, there is great uncertainty and the large number of undecided voters will potentially decide the country’s direction. Every time there is a new electoral debate, new trends emerge. In the last debates he took part in, Nuno Santos called for a ‘useful vote’ in fear of a victory for AD and the right.

  What are your expectations for the post-election period?

  Depending on which party wins, the majority it gets, the coalitions that are formed and the number of seats that the opposing parties manage to obtain, there are various possible scenarios.

  These legislative elections could lead to Portugal joining the trend we’ve been seeing across Europe with far-right and populist parties entering government, or they could lead to Portugal standing out with a more socialist and left-wing government. And even these two scenarios are reductive, because the outcome will also depend on the composition of the parliamentary opposition, which is so important for the proper functioning of our democracy.

  ---

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

  Get in touch with Akto through itswebsite orFacebook page, and follow@Akto_org on Twitter.

• PORTUGAL: ‘These elections have reminded us that democracies are fragile and imperfect’

  PORTUGUESE

  CIVICUS speaks about the results of Portugal’s 10 Marchelectionwith Ana Carmo ofAkto, a Portuguese civil society organisation that promotes human rightsand democratic values through advocacy,campaigning and education.

  What were the key election campaign themes and the main parties’ proposals?

  Parties’ campaigns for the 10 March election focused on issues such as housing, health, economic growth, education, social protection – particularly pensions – and the fight against corruption. During debates, other issues were also addressed, such as negotiations with the police – who held some protests and covertly threatened to boycott the election, the formation of coalitions, an issue that arose based on polling data, and the country’s governability.

  This election campaign was very atypical and perhaps because of this, equal attention was given to all parties with parliamentary representation, something unusual in Portugal, where competition has been mostly bipartisan, between the Socialist Party (PS) and the Social Democratic Party (PSD). Discussion of political coalitions forced us to think about politics in ideological terms, with major contenders placed on the left, right and far right.

  The contest for the prime minister position was between Pedro Nuno Santos of the PS and Luís Montenegro of the PSD as part of the Democratic Alliance (AD) coalition. Nuno Santos’ main proposals placed him as the continuation of the incumbent government with a focus on strengthening public investment on all of the campaign’s focus areas. His strategies to deal with the key issues included negotiation, strengthening institutions and greater public investment in public policy. Luís Montenegro, in comparison, centred his campaign on strengthening and stimulating the private sector, establishing public-private partnerships and reducing personal income tax and corporate income tax rates to encourage investment.

  It’s important to note that the campaign saw little discussion of proposals or in-depth analysis of political programmes. The pitch-style debates didn’t take us beyond the headlines, creating some confusion as it was hard to tell the political programmes of the different parties apart. Following the debates, the over-abundance of commentary on all TV channels, each with its own bias, also contributed to the confusion of ideas. Even so, and contrary to what was expected due to the presence of a populist party, the debates and the other parties’ campaigns managed to maintain a good level of cordiality and political seriousness.

  What led to the AD and PS winning almost the same number of seats?

  The wear and tear of the PS government became very apparent during the campaign. Despite Nuno Santos’ great effort to disassociate from former Prime Minister António Costa and present himself as the party’s new face, many people were unhappy and didn’t trust the PS.

  According to polls, the number of undecided voters increased as election day approached. The media’s excessive and sensationalised coverage may have contributed to this. With so many people undecided, confused and saturated, an expression of a desire for change was to be expected.

  However, it’s important to remember thattwo years ago the PS won an absolute majority in an election that came about because the Left Bloc rejected the state budget. But it subsequently failed to satisfy people’s major needs, and for the second time its government fell, leading to elections. Nuno Santos’ political ability and perceptions of him, the other parties’ campaigns, leaning mainly towards the right, the influence of mainstream and social media and the European and international context all contributed to a paradigm shift. The fact that, as a result, the PS went from 120 parliamentary seats to around 76 has far-reaching implications.

  What are the consequences of this tie?

  As a result of the technical tie between the AD and PS, the climate of uncertainty that dominated the campaign continues. If parties are faithful and uncompromising with their positions and their word, it’s very likely that there will be another election in November because the state budget won’t get approved. If this happens, another highly likely scenario is that the far-right Chega party will continue to gain ground and further strengthen its position in parliament.

  So this is a critical moment and a window of opportunity for Portuguese democracy to prove its strength – or weakness. Will political parties be able to engage in dialogue for the sake of political stability? What will their approach be to dealing with a populist party that has become a solid third political force? Will the centre bloc be maintained?

  If these elections have reminded us of anything, it is that democracies are fragile and imperfect. We’ll see what capacity we have to adapt to democracy’s new contours.

  How worrying do you find Chega’s performance?

  Chega’s performance has been similar to that of its counterparts in other countries: Donald Trump’s Republican Party, Jair Bolsonaro’s Liberal Party, Viktor Orbán’s Fidesz, Marine Le Pen’s National Rally and Matteo Salvini’s Northern League. Its growth is not surprising – it’s even predictable. This is a party that feeds on fear, disinformation and revolt, and follows thegrowth of similar parties across Europe. Its tactics are no different from those used by other far-right parties.

  Chega attracts historical revanchists, xenophobes and racists, the angry and the disaffected. The Algarve region, a district won by Chega, is an example of a region that resents the way it’s been treated by successive governments. This is a region that’s very much affected by seasonal changes and experiences constant failures in dam management, leading to water shortages. Its feeling of being abandoned may explain the election result.

  The growth of a populist party is always worrying, as history can attest. It’s all the more concerning given that Portuguese democracy is still young. Just as we celebrate the 50th anniversary of the 25 April Carnation Revolution when our democracy was born, we are faced with narratives and behaviours that go against the principles of our democracy and our rights and freedoms. The growth of a far-right party is particularly concerning when it comes to the most excluded people: women, the lower and lower-middle classes and young people. That’s why the majority of its voters are male.

  How did civil society engage with the elections and how has it reacted to the results?

  Despite the high percentage of undecided voters, abstention appeared to decrease. Abstention has always been a concern, hovering around 40 per cent, but historic figures are not accurate due to the unusual number of non-habitual residents and newly registered voters. In these parliamentary elections, abstention was around 34 per cent, but turnout wasn’t up significantly from previous years.

  Until the new government takes office, it’s difficult to gauge civil society’s reaction to the election results. There is indeed great concern about the growth of the far right, but if these were protest votes, to what extent can we deduce that voters are satisfied with the result? There is a desire for change, but we don’t know if the desired change will materialise.

  When will a new government be formed, and what role might Chega play in it?

  It’s not certain there will be a coalition government. Montenegro repeated several times during and after the campaign that he will not enter into a coalition with Chega, and for the PS it doesn’t pay to form a coalition with left-wing parties, as the number of right-wing MPs remains higher or the same. Chega has said on a number of occasions that it would never enter into a coalition, but we are talking about a party that says everything and its opposite, and after the elections it has been pushing for a coalition with AD and says it’s willing to govern together.

  Chega’s role will depend more on how the other parties deal with its existence than on its own actions. The other parties have created a firewall around Chega, which has ended up strengthening its presence, and they have shown there’s no desire for this party to be part of a political solution. The PS is focused on being the leader of the opposition. Whether it succeeds in doing so and how effectively will determine the Portuguese political scene.

  Would a government that includes the far right pose a real danger to fundamental rights and freedoms?

  It depends on how it is included and with what intentions. If AD coalesced with Chega and adopted its ideological line, there would be a real risk.

  It’s not desirable for there to be a reactionary force with racist, xenophobic, sexist and revanchist discourse in parliament, but there are ways to mitigate this. Portugal lived through 41 years of dictatorship and has been a democracy for 50 years. It is because of the nature of our past dictatorship experience that our constitution forbids fascist parties and recalls the overthrow of the fascist regime in its preamble.

  Portuguese political history shows that there has been more progress in guaranteeing fundamental rights and freedoms with left-wing socialist governments in power than with right-wing social democratic governments.

  When we consider the speeches and proposals of the far right, fundamental rights and freedoms are called into question. However, as a democratic country, there is room for a party like this to exist, just as there are many other parties in opposition that are fiercely in favour of extending these fundamental rights and freedoms. It is up to democracy to demonstrate that it defends these rights and freedoms.

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

  Get in touch with Akto through itswebsite orFacebook page, and follow@Akto_org on Twitter.

• Putin's war and the future of the rules-based international order

  By Mandeep Tiwana, Chief Programmes Officer at CIVICUS

  With thousands dead and millions displaced in Ukraine, Europe is now in the throes of its most acute refugee crisis since the Second World War. Russia’s attacks on Ukrainian civilian population and infrastructure have yet again exposed major weaknesses in the rules-based international order. The ability of the UN to act as the guarantor of international peace and security is being called into serious question.

  Read on Diplomatic Courier

• RUSSIA: 'Any tactic that protesters use will likely be banned and declared a crime'

  CIVICUS speaks about anti-war protests and the growing restrictions on civic space in Russia with Nelya Rakhimova, coordinator of the Coalition for Sustainable Development of Russia (CSDR).

  CSDR is a coalition that advocates for and monitors the implementation of the Sustainable Development Goals (SDGs) in Russia. Established in 2020, it includes Russian civil society organisations (CSOs), research institutions, experts and activists. CSDR participates in international and domestic processes, creates awareness of SDGs among the public and mobilises for action on SDGs.

  How big are the anti-war protests in Russia, and how has the government reacted to them?

  Anti-war protests are currently happening in major cities throughout Russia. Protesters are just demanding peace, but the government’s reaction has been repressive. Of course, bigger changes are needed, but for now the focus of protesters is on ending the war. They typically go out to the streets with placards that read ‘no to war’ and are immediately arrested. Almost all cities are flooded with police monitoring the situation. Innocent people have been tortured simply because they have voiced concerns regarding the ‘military operation’, as the government calls it. 

  Those out there protesting are ordinary citizens, activists and members of CSOs.Although there are no statistics showing the number of people participating in protests and their composition, it seems that many protesters are young people.

  This makes sense, because what makes it somewhat easier for young people to stand against the war and participate in protests is that most of them do not have family responsibilities and are therefore free to act independently. Other people may wish to participate in the protests but because they have families, they feel restricted.

  Various platforms have been used to instil fear. People risk not only being arrested but also losing their jobs. But of course the same could be said about students, as there are already cases of students being expelled from universities because of their participation in the protests. Pressure comes not only from the government but also from universities and employers. These issues have been abundantly covered in a comprehensive report recently published by the Russian independent human rights media project OVD-Info.

  Do you think repression is deterring people from protesting in larger numbers?

  Indeed, although there have been protests all over the place, the number of people protesting is not that big. Many people who are against the so-called ‘military operation’ are scared to take part in protests because they have seen how police treat protesters. In addition, many people choose not to protest because they believe it won’t make a difference.

  A look back at previous protests and in Russia and the government’s reaction to them makes it clear why many people are reluctant to participate in the anti-war movement. People are aware of the gruesome acts perpetrated in prisons and police stations. Civic freedoms are so restricted that people are not able to freely express themselves. Having your own views can get you into trouble. We have seen too many human rights violations over the past weeks and we are afraid the situation will only get worse due to the reduced international visibility of Russia’s internal situation.

  CSOs are already starting to feel the pressure, as most people prefer to disassociate themselves from them and they are also trying to protect people who associate with them. At the beginning people were signing petitions against the war but now CSOs are removing people’s names because they don’t want to put them in danger’s way.

  It is currently very difficult to leave Russia, so people are adopting safety measures to protect themselves while staying. But there are still brave people and organisations that are determined to keep advocating for peace and are not deterred by the ongoing human rights violations.

  What is CSDR and what does it do?

  CSDR is a civil society coalition working together so that the SDGs are achieved in Russia by 2030. We work with civil society experts on each SDG to push forward this agenda.

  The coalition was established in 2020 because at the time the government of Russia was delivering its report on SDG implementation, and we decided we needed to have an alternative report that included the perspective of civil society. We produced a shadow report that was supported by 160 CSOs and 200 individual activists. It was quite successful and was recognised by the German Organisation for International Cooperation and the International Institute for Sustainable Development.

  We then continued to work on advocacy for SDG implementation. Last year we hosted a conference in Moscow to which we invited representatives of the ministries of foreign affairs and economic development and the special representative of the president on the SDGs. We tried to stay in touch to deliver our messages on SGD-related issues. We had plans to continue this work but right now we have no idea how we will be able to do so.

  What are the main challenges you currently face in your work?

  The most challenging thing about organising in Russia is that the law is constantly being changed and restrictions are increasingly being tightened. Right now for instance we are talking to our donors, who are mainly German foundations, because it is not even clear how we are going to be able to receive funds to produce our publications and convene events.

  Several new censorship laws have been put in place over the past couple of weeks, and most people have decided to comply with them. But it is not easy to organise in such an environment. Any tactic that protesters and independent CSOs use today will likely be banned by law over the following days and declared a crime.

  As a coalition we face a similar situation. We’ve tried to release a statement regarding the current events and have had to review it over and over due to the changing laws. We are being very careful with our wording and social media posts because we do not want to put our members in danger.

  Censorship has forced people to go back to traditional methods of expression, organising and protesting. Instead of using social media as a tool to mobilise, more people are now using printed material such as flyers and placards to voice their opinions. Those who continue to be active on social media often resort to the method of using a different name on each platform and deleting all conversations that could lead to them getting arrested. However, no method of mobilising makes people immune to arrest, as the growing numbers of people arrested attest to.

  How much change do you think could come out of the protests?

  I want to believe that the situation can and will change. And I think if there are massive protests the situation might really change. But it will take time for that to happen.

  Unfortunately, there are large numbers of people who continue to support the Russian government. This is the result of the intensive internal propaganda the government has disseminated for years. People have been brainwashed and are convinced that what Russia is doing is for the good of both Russia and Ukraine. This is one of the reasons why it is difficult to have massive protests.

  Russian society is deeply divided; families are split and even Ukrainian families in Russia are being torn apart. A part of the population understands what is currently happening, but many people don’t. And I don’t think this is something protests could change. Propaganda has deep roots in Russian society, and fear is doing the rest: among those who don’t believe the propaganda, many are too scared to voice their opinions.

  How can the international community best help Russian CSOs and activists?

  The international community can support Russian civil society by sharing accurate information about what is happening in the country. A majority of CSOs and activists from neighbouring countries as well as international CSOs are focused on trying to help Ukrainian people, both refugees and those left in Ukraine. This is completely understandable, but I think they shouldn’t forget the people in Russia who continue to advocate for peace and human rights. The least they can do is shine the spotlight on the situation in their national and international media outlets so people abroad are aware of what is going on and are able to offer their help.

  Additionally, they should put pressure on the Russian government through various international instruments, including the SDGs. Civil society from around the world could collectively release statements that highlight the situation and note the changes they would like to see. Maintaining solidarity in these times is also very important because it helps people working on the ground.

  Last but not least, CSOs and activists need financial assistance. Those wishing to help protesters by providing funding should get in touch with the organisations leading the anti-war movement and offer their help. And of course, if Russian activists decide to leave the country due to political pressure, they also need support from international colleagues, as no one should be left behind.

  Civic space in Russiais rated ‘repressed’ by theCIVICUS Monitor. Russia is currently on theCIVICUS Monitor Watch List, which identifies countries in which a severe and abrupt deterioration in the quality of civic space is taking place.
  Get in touch with CSDR through itswebsite. 

• RUSSIA: ‘The shutdown of media sources threatens to create information vacuum for Russians’

  CIVICUS speaks about anti-war protests in Russia and the government’s violations of digital rights with Natalia Malysheva, co-founder and press secretary of Roskomsvoboda.

  Roskomsvoboda is a civil society organisation (CSO) that works to defend people’s digital rights. Established in 2012, it promotes the freedom of information and advocates against censorship. It is currently working to ensure people receive accurate information about the war and offering assistance to those who have been detained.

  How significant are the ongoing anti-war protests in Russia?

  The protests are small. In the first days of the so-called ‘special military operation’ in Ukraine, many people came out to take part in spontaneous rallies for peace in all major cities of Russia. Human rights CSOs have reported that more than 15,000 people have been detained so far for speaking out against the war. But now protests typically consist of small groups of people in multiple locations across the country.

  The new law that prohibits and criminalises the dissemination of ‘fake news’ about the Russian military action and the expression of support for ‘anti-Russian sanctions’ has had a strong impact on how people organise, and on whether they go out to protest, because it has installed fear throughout society.

  People have been arrested merely for using the words ‘war’ and ‘peace’ in the context of protests, and even for using asterisks instead of letters on their signs – because the government knows that if you protest with a blank sign or a sign full of asterisks, what you are trying to say is ‘no to war’. People who advocate against the war on social media are also often at risk of being arrested.

  There are fewer and fewer people who are willing to take part in an uncoordinated rally and get arrested for several days, because most of them have families and jobs they wish to protect. Many people who fear for their lives are leaving the country for their safety. Others simply do not see any prospects in a continuing struggle. Moving forward, we shouldn’t expect mass protests to arise in Russia.

  Do you think protests can make any difference?

  Right now it is clear that the Russian government does not intend to have a dialogue with the part of society that does not support its so-called ‘military operation’ in Ukraine. This is unfortunately a relatively small segment of society and its demands are overlooked.

  Although people continue to go out to protests and some get arrested in the process, in my opinion this will not change the course of the events that are currently taking place. The authorities won’t listen to protesters. Protesting will perhaps start making more sense when – or if – most Russians begin to understand what is really happening.

  What is Roskomsvoboda focusing on?

  Roskomsvoboda is a CSO that supports open self-regulatory networks and the protection of digital rights of internet users. It seeks to counter online censorship and expand the opportunities brought by digital technologies.

  For 10 years, Roskomsvoboda has constantly monitored the activities of government agencies. We publish a register of blocked sites and raise awareness of online abuse, leakages of personal data and the persecution of citizens for their social media statements. We conduct extensive public campaigns and events aimed at informing citizens about the violation of their digital rights, initiating public discussion and bringing people together so they can fight for their rights. Our lawyers defend those who are prosecuted for their online statements or activities, represent the interests of users and site owners in court and participate in the development of proposals for changing legislation.

  In the past few days, against the backdrop of an information war and a growing social crisis, we have focused more on helping people get reliable information about what is happening. We have published pieces about new laws that have been adopted to introduce censorship and analysed how they will affect people and their right to speak up. Our lawyers continue to provide targeted legal assistance to those who are being prosecuted for speaking out online, defending people in courts.

  The closure of some news outlets and social media platforms is affecting the kind of information people receive. State media outlets provide information that only reflects events from the government’s perspective and disseminate a lot of propaganda. The shutdown of leading media sources threatens to create an information vacuum for Russians, which won’t contribute to the goal of achieving peace.

  Restrictions on access to information and censorship have already significantly reduced people’s ability to protest. Even publishing an online call for a peace rally can result in criminal punishment.

  We recently issued a statement calling on the world’s leading internet and IT companies and initiatives not to indiscriminately impose mass sanctions and not to punish ordinary people in Russia, many of whom are already in a vulnerable position. We have translated our appeal into several languages and are asking everyone to help disseminate it.

  What are the dangers of disinformation in the context of the current crisis?

  The biggest risk of disinformation is that of disconnecting Russia from the global information space.

  Russian authorities have blocked the world’s largest media outlets and social media. Many western companies have stopped operating in Russia, making it even more closed for international viewers. This prevents people from getting the truth about what is happening; it also destroys the businesses and careers of many people who have worked in partnership with Western countries for many years.

  The current closure of businesses has left many people without vital resources. People are not only affected by oppression from the Russian government but must also deal with the potential loss of their jobs and sources of income. With such actions, western countries only risk Russia shutting down completely from the outside world, paving the way for the rise of a ‘sovereign internet’ – an internet thoroughly controlled by the government.

  How can the international community best support Russian civil society?

  The international community can help by bringing our message to the widest possible audience. On behalf of Russian internet users, Roskomsvoboda urges technology companies located in the jurisdictions of the USA, the European Union and other countries not to massively disable the accounts of Russian users. They should not restrict their access to information and means of communication.

  Digital discrimination based on nationality would reduce the ability of Russians to gain access to reliable information, as well as to conduct honest work, study and research activities. So we ask you to please distribute our statement far and wide.

  We also started a petition asking the world’s virtual private network (VPN) services to help ensure that Russian users have free access to their services during these difficult times. This is necessary to protect users’ basic rights to privacy, the secrecy of communication and their ability to receive and disseminate information freely. Access to information is a basic human right enshrined in various international agreements. In critical situations, it is more important than ever.

  Civic space in Russiais rated ‘repressed’ by theCIVICUS Monitor. Russia is currently on theCIVICUS Monitor Watch List, which identifies countries in which a severe and abrupt deterioration in the quality of civic space is taking place.
  Get in touch with Roskomsvoboda through itswebsite or itsFacebook andInstagram pages, and follow@RuBlackListNET on Twitter.

• RUSSIA: ‘These protests are key to the preservation of Russian civil society’

  CIVICUS speaks about the ongoing anti-war protests in Russia and the repressive government response with OVD-Info’s spokesperson Maria Kuznetsova.

  OVD-Info is an independent civil society organisation (CSO) that aims to promote and protect human rights – and specifically the freedom of peaceful assembly – in Russia. It monitors protests and their repression and assists detained protesters through legal aid, online consultations, and bringing them food and water while in detention.

  How big are the ongoing anti-war protests in Russia?

  The protests were massive in the first two weeks of the war – we recorded protest-related arrests in at least 159 cities. Of course, the biggest protests were those taking place in major developed cities, basically Moscow and St. Petersburg.

  People came out against the war for moral reasons, because they could not look at the horror of what was happening in Ukraine and not react: mass bombings, killings of civilians, violence.

  Protesters are mostly people under 40 years old – because they are the ones who, thanks to the internet, get an accurate picture of what is happening, in contrast to the narrative that is pushed by censored state TV. Their demands to end the war are simultaneously, of course, demands to overthrow Putin. Because one is impossible without the other.

  My opinion is that due to the deteriorating economic situation, another – quite different – wave of protests may be expected soon. This may start among the poorer sections of the population who have lost income and jobs, and among doctors and patients, who are already experiencing the consequences of shortages of life-saving medicines due to sanctions.

  Do you think repression has dissuaded people from protesting in bigger numbers?

  At the height of the protests, on 5 March, more than 5,500 people were detained in one day. Since the beginning of the war, nearly 15,000 people have been detained at anti-war protests. The police are very harshly suppressing the protests – for example, on Sunday 20 March in Moscow, virtually all protesters were detained, and many of them were arrested for five to 30 days.

  In addition, 39 criminal cases have already been opened due to statements and protests against the war; some of the defendants are already in jail. All of this scares away potential protesters. They understand that they can get a prison sentence even for participating in a peaceful rally, and it is obvious that fewer people are coming out now. However, protest continues under different forms: people sign open letters, write on social media, quit their jobs. We have even seen several high-profile dismissals of journalists and editors from federal media channels.

  Those who still venture out to protest are being assisted by several human rights organisations, including OVD-Info. We send our lawyers to police stations where protesters are held. When there are not enough lawyers or we do not have a lawyer in a given city, we provide online consultations. We accompany the defendants to court. In addition, there is an extensive network of volunteers who also come to police stations to bring detainees water and food so that they do not go hungry all night after they are detained.

  Do you think the protests will lead to meaningful change?

  I don’t think there is a chance that these protests will influence the politics of the current regime, and as a human rights project, rather than a political one, OVD-Info is not in a position to assess the prospects for regime change. What we know for sure is that the only possible path to peace in Europe is having a free Russia that protects human rights. We do not know when our country will turn that way.

  Still, these protests are key to the preservation and future development of Russian civil society. By taking part in them, those who oppose the war will gain invaluable self-organisation skills and acquire the moral right to play a prominent role when the time comes to build a new Russia.

  How have media restrictions imposed by the government affected the protests, and civil society work more generally?

  In my opinion, what we are witnessing in Russia is the establishment of military censorship. Even calling the events in Ukraine a war is prohibited – this is punishable by an administrative fine, and in case of repeated violations it becomes a criminal case, which can result in up to five years in prison. A new crime has been included in the Criminal Code: that of public disseminating knowingly false information about the Armed Forces of the Russian Federation. You can get up to 15 years in prison if you’re accused of doing that.

  The websites of almost all independent organisations have been blocked in Russia since the beginning of the war. Due to anti-war remarks, its founders were forced to shut down Echo of Moscow, a radio station. The online media Znak.com also closed due to pressures. Independent TV channel Dozhd left Russia and temporarily interrupted its broadcasts, which were viewed by millions. Almost all independent media outlets were forced to leave Russia. In addition, the government blocked Twitter, Facebook, and Instagram, because they realised they were unable to effectively impose censorship on social media.

  At the moment, military censorship makes it tough to continue any anti-war and independent civilian activity, because any statement or protest can result in a prison term. But people continue to protest regardless, and many celebrities are speaking out publicly. We have seen employees of propaganda channels getting fired, which suggests that people are so enraged by what is happening that they are willing to fight back despite the risks.

  How have the sanctions affected your work?

  I don’t have a clear answer just yet. It seems to me that so far sanctions have not affected our work so much, but the situation can always quickly deteriorate. In fact, OVD-Info has closed down all Russian donations, while international donations continue to be safe. 

  For the time being, it is the shutdown of many social media platforms that has made our work much more complex: it is increasingly difficult for us to convey information to people, educate them on legal issues and provide them with legal assistance. It will be especially difficult for us if Telegram is blocked in Russia, because it is now our primary platform for communicating with detainees.

  How can the international community help independent CSOs and human rights activists in Russia?

  I think the international community should be more careful with sanctions, which should be targeted. I think that the idea of collective responsibility is wrong – in Russia, it is a concept reminiscent of Stalin’s mass deportations of whole peoples, such as the Crimean Tatars, to pay for some individuals’ cooperation with the Third Reich.

  From a pragmatic rather than an ethical point of view, it must be noted that many sanctions that have been imposed are having negative side effects – they are harming the most progressive part of society that opposes the war, preventing it from receiving information and obstructing the work of the last independent media. For example, Mailchimp – a USA-based platform and email marketing service that is used to create and distribute email marketing campaigns – has blocked all its clients from Russia.

  It is also essential to understand that the Russians and Belarusians that are now leaving their countries and arriving in Turkey, Georgia, Armenia and other parts of Europe are mostly opposition activists and independent journalists who face jail time in their homeland. But because they are Russians and Belarusians, they are facing massive discrimination. However, these activists and journalists are not responsible for their government’s actions – they are in fact the only hope that their countries will change, so it is essential to help them instead of discriminating against them as if they were the aggressors’. It is necessary to understand that not all Russians and Belarusians support the war in Ukraine.

  Civic space in Russiais rated ‘repressed’ by theCIVICUS Monitor. Russia is currently on theCIVICUS Monitor Watch List, which identifies countries in which a severe and abrupt deterioration in the quality of civic space is taking place.
  Get in touch with OVD-Info through itswebsite or itsFacebook andInstagram pages, and follow@ovdinfo on Twitter.

   

• RUSSIA: ‘We hope that social media companies will avoid becoming a censorship tool’

  CIVICUS speaks about increasing civic space restrictions in Russia with Denis Shedov, a lawyer and analyst at OVD-Info, an independent human rights civil society organisation (CSO) that recently experienced the blockage of its website by the Russian authorities. Denis’ work focuses on the violation of the freedoms of peaceful assembly and expression and other forms of politically motivated persecution in Russia. As well as researching these topics, as a lawyer he defends detained protesters, appeals against bans on peaceful assemblies and challenges unlawful police action in Russia, while also bringing these situations to the attention of the European Court of Human Rights.

• SAN MARINO: ‘There was an overwhelming demand for women to gain the right to choose’

  CIVICUS speaks with Sara Casadei, vice-president of Noi Ci Siamo San Marino (‘We are here San Marino’), about the referendum on abortion rights held in San Marino on 26 September 2021. Noi Ci Siamo San Marino is a volunteer initiative aimed at informing, supporting and empowering young people through recreational and socio-cultural activities. It advocates for the rights of disadvantaged young people and has focused on bullying, cyberbullying and gender-based violence, as well as campaigning for the legalisation of abortion in San Marino.

  

  What was the situation of women’s rights before abortion was legalised in San Marino?

  Generally speaking, women in San Marino have always had the same rights as in Italy, except for the right to interrupt pregnancy. Before abortion was legalised by referendum in September 2021, San Marino was one of a few European countries where abortion was illegal. But women in San Marino enjoyed all other rights, including the right to vote and occupy decision-making spaces.

  Before the referendum, abortion was a criminal offence punished with between three to six years in prison, regardless of the reasons leading to the abortion. Punishment applied to all people involved: the woman seeking an abortion and all those contributing, including doctors. That is why women would typically travel to Italy to have abortions, which is inconvenient and costly – and over the past few years, it also became more difficult as many Italian doctors are refusing to perform abortions.

  Can you tell us about the process leading to the referendum vote?

  The process started by the initiative of the Unione Donne Sammarinesi (Women’s Union of San Marino, UDS). The organisation had spent almost two decades advocating for the legalisation of abortion, but its proposals had been systematically vetoed by conservative governments, so they felt they had no other choice but to resort to this direct democracy mechanism and ask citizens directly whether they agreed with legalising abortion.

  To trigger this mechanism, there was the need to gather the signatures of three per cent of registered voters. The UDS led the collection of signatures along with the RETE movement (Movimento Civico Rinnovamento – Equità – Transparenza – Ecosostenibilità), a political party formed by environmental, cultural and civic rights activist groups. The signature collection campaign was conducted in March 2021 and gathered a lot more support than required. Advancing this right was the people’s will, rather than just the UDS’s. It was an overwhelming demand for women to gain the right to choose.

  Noi Ci Siamo San Marino supported the whole process, from the signature collection to the referendum campaign, in which we made several calls for our target audience – San Marino youth – to vote ‘yes’ for their own sake and that of future generations. We were up against the opposition of the Catholic Church and the ruling party, the Christian Democrats. The fact that 77 per cent of citizens, many of whom are Catholics and support the ruling party, voted ‘yes’, shows that people’s views have evolved faster than those of their political and religious representatives.

  What’s next?Will recognition of this right be a gateway to the achievement of further rights?

  The referendum requires action on the part of the government. On the basis of the referendum results, legislators must draft an abortion rights bill within six months. The referendum question referred to on-demand abortions until the 12th week of pregnancy and to later abortions in cases of foetal malformation or when the pregnant person’s health is at risk. But the final law does not necessarily have to stick to that.

  I wouldn’t say that the legalisation of abortion will lead to other women’s rights. But we do expect the inception of related services, such as medical and psychological assistance both before and after pregnancy interruption, as well as sex education and teenage pregnancy prevention in schools.

  Civic space in San Marino is rated ‘open’ by theCIVICUS Monitor.
  Get in touch with Noi ci siamo San Marino through itswebsite or itsFacebook andInstagram pages.

• SERBIA: ‘People are concerned that a critical tool to hold political elites accountable is being taken away’

  CIVICUS speaks about the results of Serbia’s recent elections and subsequent protests with Raša Nedeljkov, Programme Director of the Centre for Research, Transparency and Accountability (CRTA).

  Founded in 2002, CRTA is a Serbian civil society organisation that works to develop a democratic culture and promote civic activism through civic education campaigns, electoral observation and the development of public policy proposals.

   

  What are civil society’s concerns about the recent Serbian elections?

  The most critical concerns revolve around the municipal elections in Serbia’s capital, Belgrade. CRTA has concluded that the announced results didn’t reflect the freely expressed will of the city’s voters. Our findings revealed that electoral engineering, particularly through organised voter migration, crucially influenced the outcome of the closely contested race for the Belgrade City Assembly.

  Organised voter migration is neither legal nor legitimate. Falsely registering residence for the purpose of voting in local elections outside one’s jurisdiction violates the law, undermines democratic representation and violates citizens’ right to local self-government.

  Local elections were strategically staggered and held in only a third of the local jurisdictions to enable temporary voter migration and secure the victory of the ruling Serbian Progressive Party (SPP) in Belgrade, where the opposition Serbia Against Violence party had strong chances of winning. As a result, Belgrade is now on the verge of being governed by people largely elected by non-residents who won’t bear the consequences of the decisions they make.

  The SPP also gained significant unfair advantage in the parliamentary elections thanks to intensified political pressure on voters, misuse of public resources and institutions, and control of the most influential media. The national election wasn’t nearly fair, but this was overshadowed by the massive manipulation used to prevent political change in Serbia’s largest city.

  How has CRTA worked to document electoral manipulation?

  On election day CRTA deployed almost 3,000 observers and analysts. And for the first time, a CRTA observer team suffered a physical attack. Its members were attacked with bats while sitting in their parked car in the police station courtyard in Odzaci, a town in Vojvodina province. They were there to report criminal activity related to carousel voting – where people go from place to place to cast multiple voters – at a polling station. This case poignantly illustrates the tense atmosphere the elections took place in.

  Our observers had a very dynamic day in Belgrade, the epicentre of electoral irregularities. They took numerous photos and videos showing buses transporting voters to Belgrade from other towns and countries, including Bosnia and Herzegovina and Montenegro. They also identified several logistical centres used to coordinate the voter migration operation, which directed and transported people to polling stations across the city.

  Voter migration was facilitated by manipulation of the voter register, which our team also extensively documented. Prior to the elections, we received information from various sources pointing to illegal actions by local governing bodies and the highest state authorities, all aimed at shaping election results in Belgrade in favour of the SPP. Further analysis, which we’re currently conducting, indicates that significant alterations to the voter register were made over the course of a year.

  How have people reacted to election irregularities?

  Tens of thousands took to the streets shortly after the results were announced. Protests were sparked by the issues we’ve denounced. Protesters are angry about electoral engineering involving illegal manipulation of the voter register and organised voter migration. They urge the state to protect the integrity of elections by prosecuting those involved in illegal manipulation.

  Protesters are not necessarily supporters of opposition parties but rather citizens concerned that a critical tool to hold political elites accountable and drive change is being taken away from them. Their core demand is that fresh elections be held at all levels, contingent upon significant revisions to electoral conditions.

  How has the government responded to protesters’ demands?

  The government has responded with repression and defensive aggressiveness, denying all allegations, including those from international observers, and disregarding evidence of massive irregularities and criminal activities. The regime continues to assert that the elections were the cleanest ever.

  The government is also violating protesters’ human rights. Over 30 people, primarily university students, have been arrested during the protests and faced pressure to confess to crimes they didn’t commit, such as receiving bribes from the opposition to engage in violent activities during protests.

  Public officials have also accused CRTA of destabilising Serbia, and our staff members have been labelled as liars and subjected to hate speech by pro-regime media.

  What should the international community do?

  We urge the international community to look beyond immediate geopolitical considerations and consider the consequences that could follow if democracy in Serbia continues to erode. Further democratic backsliding would only bring it closer to the non-democratic part of the world.

  Serbian civil society is actively proposing solutions for the challenges of a captured state and diminishing democratic standards, and our international allies should give more serious considerations to these recommendations. The international community must act soon to prevent Serbia becoming an outright dictatorship

  What are civil society’s concerns about the recent Serbian elections?

  The most critical concerns revolve around the municipal elections in Serbia’s capital, Belgrade. CRTA has concluded that the announced results didn’t reflect the freely expressed will of the city’s voters. Our findings revealed that electoral engineering, particularly through organised voter migration, crucially influenced the outcome of the closely contested race for the Belgrade City Assembly.

  Organised voter migration is neither legal nor legitimate. Falsely registering residence for the purpose of voting in local elections outside one’s jurisdiction violates the law, undermines democratic representation and violates citizens’ right to local self-government.

  Local elections were strategically staggered and held in only a third of the local jurisdictions to enable temporary voter migration and secure the victory of the ruling Serbian Progressive Party (SPP) in Belgrade, where the opposition Serbia Against Violence party had strong chances of winning. As a result, Belgrade is now on the verge of being governed by people largely elected by non-residents who won’t bear the consequences of the decisions they make.

  The SPP also gained significant unfair advantage in the parliamentary elections thanks to intensified political pressure on voters, misuse of public resources and institutions, and control of the most influential media. The national election wasn’t nearly fair, but this was overshadowed by the massive manipulation used to prevent political change in Serbia’s largest city.

  How has CRTA worked to document electoral manipulation?

  On election day CRTA deployed almost 3,000 observers and analysts. And for the first time, a CRTA observer team suffered a physical attack. Its members were attacked with bats while sitting in their parked car in the police station courtyard in Odzaci, a town in Vojvodina province. They were there to report criminal activity related to carousel voting – where people go from place to place to cast multiple voters – at a polling station. This case poignantly illustrates the tense atmosphere the elections took place in.

  Our observers had a very dynamic day in Belgrade, the epicentre of electoral irregularities. They took numerous photos and videos showing buses transporting voters to Belgrade from other towns and countries, including Bosnia and Herzegovina and Montenegro. They also identified several logistical centres used to coordinate the voter migration operation, which directed and transported people to polling stations across the city.

  Voter migration was facilitated by manipulation of the voter register, which our team also extensively documented. Prior to the elections, we received information from various sources pointing to illegal actions by local governing bodies and the highest state authorities, all aimed at shaping election results in Belgrade in favour of the SPP. Further analysis, which we’re currently conducting, indicates that significant alterations to the voter register were made over the course of a year.

  How have people reacted to election irregularities?

  Tens of thousands took to the streets shortly after the results were announced. Protests were sparked by the issues we’ve denounced. Protesters are angry about electoral engineering involving illegal manipulation of the voter register and organised voter migration. They urge the state to protect the integrity of elections by prosecuting those involved in illegal manipulation.

  Protesters are not necessarily supporters of opposition parties but rather citizens concerned that a critical tool to hold political elites accountable and drive change is being taken away from them. Their core demand is that fresh elections be held at all levels, contingent upon significant revisions to electoral conditions.

  How has the government responded to protesters’ demands?

  The government has responded with repression and defensive aggressiveness, denying all allegations, including those from international observers, and disregarding evidence of massive irregularities and criminal activities. The regime continues to assert that the elections were the cleanest ever.

  The government is also violating protesters’ human rights. Over 30 people, primarily university students, have been arrested during the protests and faced pressure to confess to crimes they didn’t commit, such as receiving bribes from the opposition to engage in violent activities during protests.

  Public officials have also accused CRTA of destabilising Serbia, and our staff members have been labelled as liars and subjected to hate speech by pro-regime media.

  What should the international community do?

  We urge the international community to look beyond immediate geopolitical considerations and consider the consequences that could follow if democracy in Serbia continues to erode. Further democratic backsliding would only bring it closer to the non-democratic part of the world.

  Serbian civil society is actively proposing solutions for the challenges of a captured state and diminishing democratic standards, and our international allies should give more serious considerations to these recommendations. The international community must act soon to prevent Serbia becoming an outright dictatorship.

  ---

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

  Get in touch with CRTA through itswebsite orFacebook page, and follow@CRTArs and@rasaned onTwitter.

• SERBIA: ‘The government is allergic to pluralism and keeps discrediting dissenting voices’

  CIVICUS speaks about Serbia’s upcoming parliamentary elections and civic space conditions withVukosava Crnjanski, founder and director of the Centre for Research, Transparency and Accountability (CRTA).

  Founded in 2002, CRTA is a Serbian civil society organisation (CSO) working to promote civic activism and develop a democratic culture through advocacy, civic education campaigns, electoral observation and the production of public policy proposals.

  What are the conditions for civil society in Serbia?

  The quality of civic space is worsening. In essence, the government is allergic to pluralism and keeps discrediting dissenting voices. Serbian CSOs face great pressure from pro-government media, particularly popular newspapers, which brand them as ‘mercenaries’ and ‘traitors’.

  On top of this chronic situation, the situation has at times greatly escalated. In acute phases, the oppression of civil society intensifies because the government seeks to divert public attention from pressing issues that it wants to conceal. For instance, in the summer of 2020 the Ministry of Finance initiated a campaign against several CSOs, independent journalists’ associations and activists. Harassment took the form of financial scrutiny, imposed under unfounded allegations of their involvement in money laundering and connections with terrorism. A year later, the targeted people and organisations asked that the ministry disclose the results of this inquiry to dispel those accusations – but of course, the results were never made public.

  What prompted the decision to call early elections?

  President Aleksandar Vučić has called early parliamentary elections, to be held on 17 December. He attempted to present this as a response to the opposition’s call for snap elections, a demand that arose when none of the requests of protests held under the motto ‘Serbia Against the Violence‘ were addressed. This movement has been going on for months throughout the country, following two mass shootings in early May that left 17 people dead and 21 injured.

  Vučić thrives in the campaigning phase of politics and in a political environment in which the normal functioning of institutions remains on hold. This has often happened following elections: in the past 11 years, a total of two years, four months and four days have been wasted between calls for elections and the approval of new governments. The president systematically benefits from situations of instability in which he is perceived as the sole stabilising factor.

  What are the main campaign issues?

  The ruling party’s key campaign message is that ‘Serbia Must Not Stop’, implying that any change would halt the country’s development. For over a decade, Vučić’s propaganda has pushed a narrative of Serbia’s alleged economic growth. It’s supported by an enormous media machinery that uses manipulative tactics and constantly calls Serbia ‘the Balkans’ tiger’, repeatedly mentioning ‘new jobs’, ‘foreign investments’ and having the ‘biggest’ infrastructure projects. This blurs the vision of some people, although most can definitely see the emptiness of their wallets.

  The pro-European opposition aims to articulate the rejection of structural violence into an electoral agenda, pledging to free the state from the dominance of a single party. Meanwhile, right-wing nationalist parties commit to ‘save Kosovo’ and strengthen ties with Russia. The new slogan of the Serbian Radical Party, of which Vučić was a prominent official in the 1990s, is ‘Our Fatherland Is Serbia, Our Mother Is Russia’.

  Relations with Kosovo and the imposition of sanctions on Russia stand out as critical issues and their significance is likely to grow. Yet there’s no substantive debate on these matters, which is confusing. The government tries to monopolise these topics, strictly controlling their discussion in the public sphere and labelling anyone else raising them as traitors. It aims to keep these matters opaque to the public, treating them as exclusive realms of backroom politics.

  I assume that the ideologically diverse pro-European opposition will try to avoid these topics out of fear that discussing them will make them an easy target. This decision may also be influenced by opinion polls that indicate that voters are a lot more interested in other topics, namely the economy and corruption.

  How is Serbian civil society, including CRTA, involved in the electoral process?

  As usual, CRTA is actively engaged in the electoral process. Our observation mission is already active across Serbia, monitoring media reporting and campaign activities on the ground and reviewing the work of the electoral institution. We are paying special attention to the problem of pressure on voters. As research we have been conducting for over a year now shows, a large number of people are captured in a network of clientelism and electoral corruption. People from socially vulnerable groups and public sector employees are continuously pressured to give their support to a political party. 

  In addition to monitoring the snap parliamentary elections, we are also observing the municipal elections in the capital, Belgrade.

  The quality of Serbian electoral processes has been deteriorating for years and there is little reason to believe that issues such as biased media, the abuse of public resources and the misuse of public office will magically disappear. However, we are actively working to motivate citizens to vote, and many other CSOs are also about to launch their ‘Get Out the Vote’ campaigns. Whatever problems the electoral process has, increased participation will make things better.

  We hope that the Organization for Security and Co-operation in Europe’s Office for Democratic Institutions and Human Rights will deploy an election observation mission in a full capacity, as recommended by a prior needs assessment mission. This kind of international support is crucial not only on election day but also to boost our advocacy to achieve improvements in the electoral process.

  ---

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

  Get in touch with CRTA through itswebsite or itsFacebook page, and follow@CRTArs andVukosava Crnjanski onTwitter.