law improvements

• BULGARIA: ‘Our society has finally become sensitised to domestic and gender-based violence’

  CIVICUS speaks with Victoria Petrova, Communications and Development Director at the Bulgarian Fund for Women (BFW), about civil society’s struggles to end domestic and gender-based violence in Bulgaria.

  Established in 2004, the BFW is the only Bulgarian feminist civil society organisation (CSO) supporting organisations, collectives and activists that challenge the status quo and work towards systemic change for women, girls and all marginalised communities.

  What does BFW do?

  The BFW has played a pivotal role in advancing women’s rights across Bulgaria for two decades. Our focus has recently extended. As well as funding projects, in 2020 we started providing core funding to help organisations meet essential needs such as administrative costs, office space, equipment and staff salaries, which often remain uncovered by project funding.

  Core funding is of paramount importance to ensure the sustainability of CSOs. Financial stability empowers organisations to be strategic, proactive and resilient in the face of challenges. As of today, providing core funding objective has become our biggest focus.

  We also have other funding mechanisms such as project funding and the Open Opportunity programme, which provides rapid funding of up to 10,000 BGN (approx. US$5,500). This has proven invaluable in times of crisis or in the face of unforeseen challenges, such as last year’s attack on the Rainbow Hub, an LGBTQI+ space in the capital, Sofia. A far-right former presidential candidate attacked the hub during an event and injured a participant, an activist and Rainbow Hub team member. The premises were destroyed. Through the Open Opportunity programme BFW gave them a grant so they could get it fixed.

  Overall, BFW distributed a total of over US$700,000 in direct grants to CSOs in 2022 alone.

  We’ve also taken proactive steps to contribute to building capacity in the organisations we support, recognising the significance of robust women’s rights organisations in a context where great gender inequalities persist.

  It is estimated that one in three women, or approximately one million, suffer from domestic and gender-based violence in Bulgaria and at least 15 women have been killed by former or current intimate partners, husbands or other relatives since the beginning of 2023. Women do a disproportionate share of household chores and care work. There aren’t enough support services, such as public kindergartens. There is a significant pay gap and women are grossly underrepresented in politics – only about 25 per cent of members of parliament are women. Life is even harder in small towns, where gender stereotypes are much more deeply rooted.

  Have you faced backlash for the work you do?

  Women’s rights organisations as well as the entire civil society sector in Bulgaria have encountered significant challenges since 2018. These started alongside attacks on the Istanbul Convention – the Council of Europe Convention on Preventing and Combating Violence Against Women and Domestic Violence.

  Attacks were sparked by a far-right party, VMRO, and also by the Bulgarian Socialist Party (BSP) after it shifted its stance in relation to the Convention. The party with the biggest parliamentary representation, GERB (Citizens for European Development of Bulgaria), sort of washed its hands at the time and left the matter with the Constitutional Court. And the Court ruled that ratifying the Istanbul Convention would be unconstitutional. This made Bulgaria one of the few European states that haven’t ratified the Convention.

  These days, attacks focus on the changes recently made to the Protection Against Domestic Violence Act. Regressive and pro-Russian groups such as Revival (Vazrazhdane) and BSP claim that this law seeks to impose the Istanbul Convention and implement what they call ‘gender ideology’. A few months ago, the BSP even started collecting signatures to enable a referendum against ‘gender ideology’. The party has recently announced it has collected the required number of signatures.

  What recent changes were made to the Protection Against Domestic Violence Act, and why?

  Changes to this law had been pursued for years but faced rejection by some political parties, including Revival, the BSP and some GERB members. They were finally introduced in July and they represented progress, even though they did not include the definition of ‘intimate relationship’ proposed by women’s advocates, as a result of which they did not extend protection to people who are in relationships but are unmarried and not in a domestic partnership.

  Regrettably, this omission meant that the shocking Stara Zagora case, in which an 18-year-old woman was beaten and disfigured by her boyfriend, did not fall within the law’s purview. This attack happened in late June but only became public in late July, as a result of the victim’s family’s engagement with the media out of frustration with the slow pace of the investigation.

  In response, around 10,000 people protested in Sofia and tens of thousands demonstrated in other regions, demanding justice for victims and action against domestic and gender-based violence. This groundswell of public engagement was unprecedented, shaking the normalised apathy or victim-blaming that had often been the response to similar cases in the past.

  This forced parliament to reconsider the bill, and on 7 August it reconvened to widen its scope to cover ‘intimate relationships’. This was a step in the right direction, although some concerning elements remain.

  First, criteria for people to be considered as intimate partners include having been in a relationship for at least 60 days, without any clarity as to what counts as the start of those 60 days and, more concerningly, what happens if violence occurs within the first 60 days. Second, at the last minute, members of parliament inserted the words ‘man’ and ‘woman’ in the definition, therefore limiting its scope to heterosexual couples. Same-sex couples were completely excluded from seeking protection under this law.

  Bulgarian politicians should do much better. During that same debate a GERB member of parliament, former Minister of Culture and former Chairman of the Parliament, Vezhdi Rashidov, made extremely offensive comments. It was during the break, when he thought his microphone was off and basically called raped women ‘whores’. Our organisation wrote an open letter asking for his resignation, and just a few days later he announced he was resigning.

  Unfortunately, his comments reflect widespread attitudes among many of our politicians towards women’s rights and domestic and gender-based violence. We are fed up with their sexist jokes, homophobic expressions, lack of understanding and deliberate disinformation regarding gender issues and women’s rights.

  What do you think made the Stara Zagora case so impactful?

  The impact of the Stara Zagora case can be attributed to several factors, primarily stemming from systemic failures that occurred across various institutional levels. The perpetrator’s swift release within 72 hours of the attack, despite being on probation for prior offences, set the tone for public outrage.

  Public indignation also resulted from the discrepancy between the severity of the attack, which involved the use of a knife and resulted in 400 stitches, a broken nose and a shaved head, and its categorisation as a mere ‘soft bodily injury’.

  There was a shift in public sentiment that revealed heightened awareness and empathy for victims. The usual response in these cases is often victim-blaming. This time, however, many more people sided with the victim. Although some anti-rights voices questioning the victim’s innocence emerged, particularly on social media, most public figures refrained from such insensitivity.

  As a result, over the past few weeks, we have started to see more and more domestic violence cases being reported on the media. So I’d say the Stara Zagora case sensitised society and accelerated change. I hope people will now be more willing to seek protection and justice, and institutions and the media will be more willing to empathise with the victims.

  What else should be done to combat gender-based violence more effectively?

  While there are organisations like BFW that have worked against gender-based violence for decades, it’s evident that a comprehensive national campaign led by the state is needed to catalyse broader change. Such a campaign should aim to reach people across all socio-economic strata, fostering a shared understanding of gender equality and the unacceptability of violence.

  Education and prevention are paramount, and they must begin at an early age. Teaching children about gender equality and the importance of rejecting violence from the outset can contribute to lasting change.

  The establishment of more crisis centres across the country to provide immediate support and safety for victims is also crucial. Only 15 out of 28 regional cities have crisis centres so far. Perhaps positive change will now take place as four ministries have got involved in solving the issue.

  Finally, ratification of the Istanbul Convention remains a pivotal goal. Its comprehensive framework can guide Bulgaria in its efforts to counter gender-based violence. We will continue advocating for these changes and support other organisations that work for women’s rights.

  How do you connect with the global women’s movement and what additional support do you need?

  We participate in networks like Prospera and On the Right Track. These connections expose us to diverse perspectives and experiences and enrich our understanding of the broader movement.

  Collaboration among organisations and international assistance are essential to counter anti-rights narratives, fend off far-right movements that are unfortunately increasingly organised and determined and promote positive change. When helping people and organisations, we sometimes tend to be reactive to attacks. We need to support each other to be more proactive.

  As I already mentioned, core funding is of huge importance to our grantees, but it is for us as well. I am happy to see that more of our donors started providing this type of long-term support, and I am hopeful that even more will recognise the need for it in the future.

  To end on a more positive note, I am thankful that Bulgarian society has finally become sensitised to the topic of domestic and gender-based violence. This isn’t a private issue but an issue that affects the whole of society. We are all responsible for educating ourselves on the topic, learning about its different forms, stepping up when we see something unacceptable and supporting people who are brave enough to report violence.

  We look forward to a collective push toward lasting change, supported by all of you.

  ---

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

  Get in touch with the BFW through itswebsite or itsFacebook page, and follow@bgfundforwomen on Twitter.

  The opinions expressed in this interview are those of the interviewee and do not necessarily reflect the views of CIVICUS.

• CORPORATE SUSTAINABILITY: ‘Solidarity is essential because we face very powerful interests’

  CIVICUS discusses civil society’s advocacy for the European Union’sCorporate Sustainability Due Diligence Directive (CSDDD) with Brad Adams, Executive Director and founder of Climate Rights International (CRI). CRI is a civil society organisation that focuses on the connections between climate change and human rights, putting pressure on governments and corporations to take action to end abuses. Along with many other organisations, it played a key behind-the-scenes role in the final approval of the CSDDD.

  The CSDDD aims to protect human rights and the environment while tackling climate change. It empowers European courts to hold large companies accountable for practices such as child or forced labour in their supply chains and production, and requires companies to align their business strategies with the Paris Agreement climate goals. It also seeks to improve access to justice and provide remedies for victims, ensuring companies are held accountable for their actions or failures to act.

  What’s the CSDDD and what difference should it make?

  The CSDDD is potentially the most important piece of environmental and climate change legislation in the world. The European Union (EU) is the world’s largest economic bloc, bigger than the USA and China, and when it legislates or issues regulations, it has the power to set global standards. For example, when the EU required Apple to stop changing iPhone chargers every few years, Apple eventuallychanged its global policy to comply with the EU standard and avoid heavy fines.

  The strength of the CSDDD is that it requires companies to adopt and implement climate transition plans in line with theParis Agreement. A key global problem is that companies often claim to be Paris Agreement-compliant but continue business as usual. This directive imposes legally binding human rights and environmental due diligence obligations on large companies, requiring them to identify, mitigate and remediate the environmental and human rights harms they cause in their operations and supply chains. This is a major step forward.

  In addition, the CSDDD establishes financial liability for violations, creating a strong incentive for compliance. Under some conditions, civil society organisations (CSOs) and trade unions will be able to bring claims and hold companies to account. This underlines the crucial role of civil society, as governments often fail to enforce laws, even those they have passed themselves.

  A notable weakness of the directive, however, is its limited scope. It only applies to large companies with over a thousand employees and an annual turnover of more than €450 million (approx. US$480 million). This was meant to exclude small and medium-sized enterprises that say they don’t have the capacity to meet the requirements. As a result, an estimated 65 per cent of companies that could be covered are not.

  Nevertheless, the directive still covers around 50 to 60 per cent of all business activity. Over time, we expect the size of companies covered to be reduced, extending the directive’s reach.

  We hope the CSDDD will lead to better environmental and climate standards worldwide. This directive will require large companies doing business with the EU to meet basic environmental standards in their supply chains and production. If companies must meet these standards to do business with the EU, we expect these internal standards to become global standards, influencing their operations wherever they do business. 

  What role did civil society play in the adoption of the directive?

  Civil society played a crucial role. The directive wouldn’t have been adopted without the persistent efforts of many CSOs to put pressure on states.

  It took many years to get to this point. When the directive began to unravel because of theobjections of the German Free Democratic Party (FDP) and the support of climate sceptic governments such asItaly’s, civil society stepped in. We worked with the Belgian EU presidency, Green parties and supportive states to keep the directive on track and get it adopted.

  Civil society also engaged with large companies that were in favour of the directive, encouraging them to intervene. These companies recognised that while the directive might impose short-term costs, it would ultimately benefit them by raising global standards. They wanted to ensure a level playing field by holding companies from countries with lower standards, such as China and Vietnam, to the same high standards they’d have to comply with. If this works it will be a welcome change from the typical corporate race to the bottom.

  Civil society rescued and advanced this critical piece of legislation by successfully linking supportive companies and governments.

  What concessions were made to get the directive adopted?

  For legislation to be adopted in the EU, it must first be approved by the European Commission and then by the European Parliament. The final step is approval by the European Council of Ministers, an intergovernmental body that under its complicated rules in this case only needed a qualified majority of its 27 members.

  The Council had given its provisional approval, but at the final stage the FDP withdrew its support. This is a small economically neoliberal party that is a minor part of theGermancoalition government but may have thought it could use its stance to gain an electoral advantage. Without telling the main coalition parties it apparently contacted parties in other member states and urged them to withdraw their support. Enough did so to raise doubts about whether the required qualified majority could still be achieved. So the CSDDD was temporarily withdrawn to avoid defeat. With the help of other European CSOs and the Belgian presidency, we worked to reassemble a group large enough to achieve the qualified majority.

  Concessions made to secure this majority included raising the employee and turnover thresholds that companies had to meet to be covered by the directive. This helped overcome the objections of those concerned about potential impacts on small and medium-sized enterprises.

  While the final text wasn’t exactly what we’d hoped for, it was still a significant victory. For the first time, it sets out basic principles and standards covering virtually all major multinational companies involved in global trade. Almost every global trading company you can think of will be covered by the CSDDD.

  We expect these companies to put pressure on the EU to amend the law to include those not currently covered by the CSDDD, creating a business consensus to extend its reach so companies won’t be able to compete with lower prices simply because they aren’t held to the same standards.

  Overall, it’s not enough of what’s needed, but it’s a big step in the right direction.

  What are the next steps?

  The provisions of the CSDDD will be implemented gradually, giving companies time to adjust their operations.

  We’ll have to wait and see what happens with thenew European Parliament and how supportive it is of climate policy. Although the Greens lost many seats, there’s still a majority of political parties that recognise the seriousness of climate change. The key question is whether they believe it requires urgent action and whether they will move quickly to implement it.

  We’ll continue to campaign for this directive alongside partner CSOs. We’ll engage in discussions with the Commission and members of parliament to explore ways to strengthen this legislation over time. However, it’s likely to be several years before the EU considers amending and improving this directive. In the meantime, our primary focus will be on ensuring companies comply with the requirements of the new law.

  How else is CRI working to hold corporations accountable?

  We’ve been working on Mexico’s avocado industry, which is responsible for deforestation, water theft from local communities and intimidation and violence against Indigenous communities and civil society activists. Given that 80 per cent of avocados grown in Mexico are exported to the USA, we felt a responsibility to address this issue.

  Thanks to the cooperation of many local organisations and activists who remained anonymous for security reasons, we published ourreport last November. We also approached Mexican and US companies with our findings and pressed the Mexican and US governments to create a mandatory deforestation-free certification process for the sale of avocados. We spoke to federal agencies in both countries. We worked with journalists at the New York Times, which published a key full-pagestory, and with members of the US Senate, who sent a key letter to the US government. We held webinars with civil society in Mexico. In February, as a result of our pressure, both governmentsannounced a ban on the sale of avocados grown in illegally deforested areas. Indigenous communities had been complaining about this for years, and we were finally able to make their voices heard.

  Solidarity was essential because we faced very powerful interests, including big companies with huge investments and drug cartels laundering money through the avocado industry. But we were still able to reach an agreement to end these harmful practices.

  Get in touch with CRI through itswebsite orFacebook andInstagram pages, and follow@ClimateRights on Twitter. And get in touch with Brad Adams throughLinkedIn.

• South Korea: Joint letter calling for the immediate passage of a comprehensive Anti-Discrimination Law

  National Assembly of the Republic of Korea

  1 Uisadang-daero, Yeongdeungpo-gu, Seoul 07233

  Republic of Korea

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

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

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

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

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

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

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

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

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

  What role has civil society played in the case?

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

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

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

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

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

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

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

  How does EQUAL GROUND advocate for LGBTQI+ rights?

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

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

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

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

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

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

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

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

• Tanzania: Reversal of Ban on Four Newspapers a step in the right direction

  Global civil society alliance CIVICUS welcomes the decision of Tanzanian President Samia Suluhu Hassan to lift the ban on four newspapers – Mwanahalisi, Mawio, Mseto, and Tanzania Daima – that was imposed by the late President John Magufuli between 2016 and 2020.