Police Violence

• BRAZIL: ‘This is a moment of fragility for civil society’

  CIVICUS speaks with Pedro Strozenberg, Ombudsman of Rio de Janeiro, about the situation of human rights and the regression of space for civil society in Brazil. The Ombudsman's Office is a public body that functions as a link between the state and civil society. Pedro Strozenberg is a lawyer specialising in conflict mediation who defines himself as an activist in matters of public safety, an area in which his office works to defend the rights of citizens against police abuse and brutality.

  You come from civil society. How did you become the Ombudsman, and what kind of work do you do?

  All my career has been in civil society. I am a lawyer specialising in conflict mediation within the framework of public security. I consider myself an activist in the field of security. For 15 years I worked in a civil society organisation (CSO), Viva Río, on issues of youth, rights, public safety, drugs and police. And for the past 10 years I have worked with the Institute for Religion Studies, an organisation more focused on research and with a strong component of public policy advocacy.

  My role at the head of the Ombudsman's Office is a temporary function that derives from my work in civil society. Under a federal law passed in 2009, the Ombudsman’s position must be occupied by someone coming from civil society. In each state, the office holder is picked by the members of the Superior Council of the Public Defender's Office out of a list of three names submitted by civil society. This federal law has been in force for 10 years, but the system is being established at variable paces and with a lot of delays. To date, only 14 offices have been created; there seems to be strong resistance by the justice system to this element of external control. In Rio de Janeiro the mechanism was established in 2015 and I was elected in 2016. In 2017 I was re-elected, and as soon as my term ends, I will go back to civil society.

  What are the main human rights challenges that you have faced at the Ombudsman’s Office?

  Rio is a very complex city and experiences pronounced oscillations. When I started getting involved in these issues, in the second half of the 1990s, we were going through a situation similar to today’s: a context of high insecurity, economic crisis and very high levels of police violence. Between the decades of 2000 and 2010 there was an important innovative agenda, with a focus on prevention, which produced a temporary reduction in the levels of lethal violence in Rio. Unfortunately, over the past 30 years Brazil has maintained very high levels of lethal violence, which certainly vary from one place to the next, but overall present unacceptable patterns of violence. While for a decade the numbers of victims of lethal violence decreased in Rio, in other cities - especially in the northeast and the north of Brazil - the levels rose a lot, and the baseline remained between 50,000 and 60,000 people killed every year. Today we have surpassed 60,000. The widespread presence of firearms and disputes over the control of territories are important causes of this lethality.

  In recent years, Rio experienced a frightening growth in deaths caused by state security forces, and more precisely by the police. This is the most emblematic trademark of the last period. In places like Rio and São Paulo, almost a third of the deaths are the result of police intervention.

  We have a police force that is absolutely lethal, and what is most dramatic is that this is provided legitimacy by the political orientation of the state and federal governments, which is based on the logic of confrontation and the exchange of bullets. We are living through a dramatic period marked by narrative disputes. These police practices are not based on the law, which is much more restrictive, but on the political discourse of the incumbent rulers.

  My role in the Ombudsman's Office includes upholding the pre-eminence of the law and acting as guarantor of people’s rights, in such a way that the law embodies protection for the people, rather than a threat to the poorest part of the population. It is necessary to follow legal processes, comply with legal requirements and guarantee everybody their right to defence, to freedom of expression, to the protection of life. Unfortunately, in many cases the understanding that institutions should be guided by the principles of the democratic rule of law does not prevail, and interpretation and scope vary according to territorial, ethnic and gender criteria. We all live in the same society, but not under the same legal guarantees. Today, we experience a time of legal instability, where the irresponsible and prejudiced discourse of Brazil’s rulers and of an important section of the legal system disrespects the National Constitution on a daily basis, introducing legal setbacks that in the near future will increase even more the number of deaths and the prison population. We need a narrative that takes the law as a point of reference, rather than the will of a punitive and exclusionary elite.

  Do you think that the strong-arm discourse against crime disseminated from the top has resonated in Rio?

  This discourse has indeed resonated, and that is because we live in a time of hopelessness in terms of public security policies, and unfortunately it is only natural for people to seek radical and immediate solutions, becoming vulnerable to emotional appeals that rarely entail genuine solutions. Electoral discourses rely heavily on emotional and inconsequential appeals. Many people want to hear something that, although not true, might create expectations that the situation will improve. And what’s dramatic is that many times it is the poorest population - the most affected by strong-arm discourse, in the sense that it is the part of the population where most of the victims come from - that most easily accepts the logic that the harshest the state action, the safer we will be. We believe the exact opposite: that the more rights we have, the more capable we will be of producing a culture of nonviolence.

  Unfortunately, the electoral manipulation of fear and insecurity is part of the world that we live in. It is only one phase of the cycle, but a phase in which the poorest people are indeed supporting strong-arm policies, even if they are applied against them. The situation is quite surprising, not to say frustrating

  Do you think that the dominant narrative has encouraged further police violence?

  I would rather say that the logic of the election emboldened people who believe in violence as a way to confront violence. In Brazil there is a strong culture that encourages people to follow a reference of brutality rather than a reference of legality. The more brutal an effort to build a security policy, the more recognition it will gain.

  A recent case clearly illustrates the moment we live in. Two favelas were involved in a full-blown territorial dispute, creating a situation that was quite dramatic for their inhabitants. The police decided to intervene. It was what they were supposed to do, since that is their role. But while in three days of fighting no deaths had occurred, the three-hour-long police operation led to 13 deaths, to which two more were added later. An operation causing 15 deaths cannot be considered successful in any way and must be the object of an investigation. Many residents said that several of the people who ended up dead had already surrendered and were in fact executed by the police. We are monitoring the investigation of the case, and there are reasons to think that the evidence was manipulated. Despite having caused so many deaths, the police operation still received the approval of part of the population. People say: ‘they were not citizens, they were thugs’. We are losing our humanity, our capacity for empathy and compassion.

  Let me provide another example of the effects of this narrative. In his eagerness to make the headlines, the governor of Rio said that if someone threatens a police officer or is armed, the police should "point to the head and shoot." A governor should not be able to say something like that. Incredible as it may seem, soon afterwards it was reported that in Manginhos, a rather violent favela in Rio that is located near a police station, five people had been killed over the course of a few months - two so far this year. Although investigations to find out where the shots came from are ongoing, residents claim - and it is very likely that this is the case - that police officers made holes for machine guns in the tower of an old factory that is now converted to police offices and shot passers-by through them. One of those killed was a worker from a nearby university, and his death caused great commotion. If the one dying is a black boy who lives in the favela and is perceived as close to drug traffickers, discourse prevails that he was just a black man from the favela. But if it is a worker with a respectable job, death becomes unacceptable. For us at Ombudsman's Office, the idea that the police can climb up a tower to shoot and kill people is dramatic.

  This is the model promoted by the state government: a model that leaves a trail of dead people and indelible pain. The dispute of narratives is very important for those who live in the favelas and for those who believe in human rights.

  Generally speaking, what is the state of civil society freedoms in Brazil?

  While we live in a democracy, within a democratic and legal institutional setting, in practice it is difficult for CSOs to have a voice and express themselves freely, autonomously and sustainably. First of all, economic sustainability is failing us. There are no public, transparent and accessible funds for the strengthening of civil society. For reasons of funding, structure and advocacy capacity, civil society is quite weak. There are no interlocutors in the state. This is a moment of fragility for civil society, so it is important that we manage to reinforce it.

  Second, although strictly speaking there is no official censorship, there is an atmosphere of fear that restricts the freedom of expression, as there are lots of investigations of human rights defenders and civil society activists. The president's discourse, which depicts activists as communists threatening the Brazilian social system, aims to eliminate activism. There are very strong signs of political control, which were clearly expressed in the decision to put a military minister in control of CSOs. We live in a democracy, but not quite.

  Third, there are risks and physical threats to activists. We really do not know to what extent it is currently safe to work on rights issues in Brazil.

  What risks do civil society activists and human rights defenders face, and what can be done to mitigate them?

  We defenders are fewer than we should be, but even so we are enough. However, the March 2018 assassination of Marielle Franco caused fear and led to the withdrawal of many activists from the favelas, notably black and women activists. The case of Marielle was at the same time representative of the context we live often, and also very particular. Marielle was a very visible person - she was one of the representatives in Rio who received the highest numbers of votes - and her murder, which took place in the city centre, was a real attack on democracy. It was not personal; it was a reaction to her political activity. Brazil does not have a tradition of politically motivated attacks. On the other hand, the case was typical because she was a black, bisexual woman from the favela. She belonged to a whole series of categories of very vulnerable and threatened people, who are often targeted not because of their political actions, but because of their identity, their practices and ideologies.

  Marielle’s murder occurred when Rio was under federal and military intervention, and now it is known who her executors were: they belong to a group of for-hire assassins linked to the militias and formed by former police officers. However, we still do not know who ordered her killing or why. The case has not been solved and meanwhile impunity and fear prevail.

  What support does rights-oriented civil society need in Brazil?

  First and foremost, we must be vigilant and provide visibility to situations of rights violations. For this it is very important to speak with the international media and international organisations.

  Second, international cooperation between CSOs is very important. In this context it is particularly important that organisations such as Amnesty International, Human Rights Watch and CIVICUS put Brazil in the forefront.

  Finally, it is also important to strengthen public organisations so that they liaise with civil society. In this sense, ombudspeople are particularly important, since they are, among the arms of the state, the most capable of supporting social movements in various spheres. In Rio, at least, we are trying to do so in different ways. For instance, we carry out an activity called ‘favela journey for rights’, in which we listen to the concerns of favela inhabitants on issues of rights violations. Each week a group of 15 to 20 people - public defenders, CSOs, academics, public administrators - go to a different favela and walk through it while listening to people tell their stories of rights violations. We systematise the stories and use them to try to exert influence on the police so that they pay attention to the ways they operate in the favelas. As part of the state, we work from within to turn this into a key issue and make sure the rights of the population are respected.

  Civil space in Brazil is rated as ‘obstructed’ by theCIVICUS Monitor.

  Get in touch with the Ombudsman’s Office of Rio de Janeiro through its website,YouTube channel and Facebook page.

• BURUNDI: ‘Our right to be recognised and represented as an Indigenous community is being violated’

  CIVICUS speaks about Indigenous peoples’ rights in Burundi with Severin Sindizera, Global Coordinator of the Indigenous Peoples Global Forum for Sustainable Development (IPGFforSD).

  IPGFforSD is a civil society organisation (CSO) that advocates for the rights of Indigenous peoples in Burundi and monitors the implementation of the Sustainable Development Gaols (SDGs) in relation to Indigenous peoples at the national and international levels.

  What is the situation of Indigenous people in Burundi?

  The Batwa Indigenous people represent approximately two per cent of Burundi’s population. The context is disheartening because most of our rights are not recognised. Most Batwa people live in extreme poverty and are marginalised and discriminated against. They are often excluded from access to basic resources such as public services, education, land and healthcare. One common issue affecting Indigenous people across the globe is lack of access to land and decision-making bodies. 

  The Batwa people are not exempt from this, as our land rights are not recognised in Burundi. We need land to survive – to build our houses, grow our crops, graze our animals and preserve our culture.

  Batwa people are not well represented in decision-making processes, which explains why development strategies rarely cater to us and our needs. We have been excluded from the economic, social, political and cultural development of our country. It is quite unfair to have people make decisions on our behalf without consulting with our community. When projects are implemented, we are often sidelined. It would seem the government is trying to make people think it is helping Indigenous people while we are not really receiving the help we need.

  The SDGs aim to eradicate many problems affecting societies globally, but their implementation in Burundi has not been inclusive of Indigenous people. The government must understand that our place in society is already under threat, so it needs to approach the SDGs in an intersectional manner to serve all people of Burundi equally.

  The international community has also shown a lack of a solid plan to address the rights of Indigenous peoples during implementation of the SDGs. We want to know how international organisations aim to promote Indigenous peoples’ development through the SDGs. I had the privilege of attending the Forum on Financing for Development (FfD) in New York, but was disappointed I was the only member representing Indigenous peoples.

  What are the main rights violations experienced by Batwa people in Burundi?

  Batwa people in Burundi do not have access to education, healthcare and proper legal services. Many people have suffered and died due to being denied access to healthcare facilities in their communities. When we try to get legal help to hold accountable those responsible for negligence in healthcare centres, we do not qualify to receive it. We hope this will change one day and the Batwa people of Burundi will be inclusively integrated in their communities.

  But Batwa people currently face serious discrimination. We are often called names such as witches and made feel unwanted by the wider society. Our dignity is looked down upon and we are forced to take a lesser place in society. Without access to good jobs, Batwa people have a high prevalence of poverty.

  Batwa people are disproportionately affected by arbitrary arrests and rights violations, as well as by land grabbing from the government and international stakeholders. People take advantage of us because they know that the majority of us do not have identity cards, making it difficult for us to access justice. Whatever laws have been put in place to protect us are not really working.

  Our right to be recognised and represented as a community is being violated. We need members of our community to advocate for our rights independently, without being associated with any political party. The history of this country should inform policymakers about the importance of cultural recognition. No one should be left behind because of their identity. We have a right to participate fully in public life without facing rights violations.

  Has any progress been made in terms of representation in policymaking processes?

  The Burundian government has launched an initiative to include Indigenous people in some governmental positions. There are now a few Batwa people in parliament. However, the fact that participation in public affairs requires association with a political party makes us uncomfortable. This restricts many Indigenous people from speaking out about their rights because they are controlled by their political parties.

  Political representation is an opportunity for our needs to be heard but our people who are actively participating in public affairs do not necessarily speak on our behalf. Participation of ethnic minorities in Burundi still has a long way to go despite the efforts of the government. Batwa women are inadequately represented in political positions.

  Our government focuses on development but fails to promote it in an inclusive manner. It recently setup a national strategy for Indigenous people, highlighting issues we are dealing with and stating its plan to advance Indigenous people’s rights. We hope that they will consult with members of our community and Indigenous leaders about our needs so the strategy actually benefits us.

  How can Indigenous groups across the world work together to promote Indigenous people’s rights?

  Indigenous groups must have regional and international forums to collaborate towards the achievement of our human rights, economic and social development, as well as civil and political rights. We must partner with international organisations that have experience with working on Indigenous people’s rights so that they can help us with our advocacy work and share strategies to make our work more effective.

  Our organisation, IPGFforSD, works for Indigenous rights through international advocacy and innovative initiatives. We work in collaboration with Indigenous groups an encourage them to create and enhance their platforms in their respective countries from across the globe who face similar issues. We focus on monitoring SDG implementation because the rights and needs of Indigenous people are currently not well represented when SDGs are implemented. We have worked with the United Nations (UN) mechanisms, including the UN Economic and Social Council (ECOSOC), to raise awareness of the plight of Indigenous people and the need to recognise them in both national and international policies. We advocate for national governments and international organisations to implement the UN Declaration on the Rights of Indigenous Peoples.

  We also work to sensitise our leaders about Indigenous rights through workshops and seminars. Our aim is for them to be well informed so they can, we hope, help us in the battle of getting our rights recognised in Burundi.

  Civic space in Burundi is rated ‘closed’ by theCIVICUS Monitor.
  Get in touch with IPGFforSD through itsFacebook page and follow@IIpgfforsd on Twitter. 

• Catalonia: ‘It might take years to rebuild the political, social and emotional bridges that the pro-independence process has blown up’

  Catalonia’s independence movement hit the headlines in 2017, and Catalonia’s future remains undecided. CIVICUS speaks to Francesc Badia i Dalmases, editor of democraciaAbierta, openDemocracy’s Latin American section. openDemocracy is an independent media platform that seeks to challenge power and encourage democratic debate through reporting and analysis of social and political issues. With human rights as its central guiding focus, openDemocracy seeks to ask tough questions about freedom, justice and democracy. Its platform attracts over eight million visits per year.

• CIVICUS calls for Restoration of Democracy and Justice in Guinea
   
  08 October 2009, Johannesburg, South Africa

  CIVICUS: World Alliance for Citizen Participation expresses deepest condemnation at the killing of at least 157 protestors and the wounding of over a thousand people during a military crackdown upon a large scale public protest in Guinea on 28 September. The protest was sparked by indications given by the leader of the military regime, Captain Moussa "Dadis" Camara that he may stand for the national presidential election scheduled in January 2010, reneging on a previous promise not to contest the election. A number of female protestors were raped and sexually assaulted with guns by soldiers in the streets of the capital city, Conakry in what clearly are repugnant criminal acts against citizens exercising their right of democratic dissent.

  Guinea has a long history of military dictatorships. The present military regime headed by Captain Camara seized power in a coup in December 2008 following the death of President Lasana Conté who controlled Guinea from 1984-2008 by means of another military dictatorship. Although, the regime has promised to hold elections, no indications of any substantive commitment to a free and fair democratic process have emerged, as evidenced by indications given by Captain Camara to stand for elections while being in control of all state institutions.
  
  "As a condition precedent to the restoration of democracy in the country, it is essential that an independent, impartial investigation by international experts is conducted into the tragic events of 28 September and those responsible are brought to justice," said Ingrid Srinath, Secretary General of CIVICUS. "For there to be a peaceful transition, the military in Guinea must commit itself to not interfering with or contesting future elections. If the situation is left unaddressed, it could have grave geo-political implications for the politically fragile West African region which has a history of civil war and conflict fuelled by military regimes."

  Civil society members, journalists and political activists were severely harassed following the 28 September massacre. The present climate of fear and insecurity in the country has seriously affected exercise of the freedoms of expression and assembly, raising concerns amongst civil society about the sincerity of the regime's commitment to ushering in democratic rule.

  CIVICUS supports the collective demands of NGOs, trade unions and political groups which include release of all persons detained during and after the demonstrations including a number of women who have been sexually assaulted; return of bodies of slain civilians to their families; fair and adequate compensation to victims and prosecution of the offenders; the establishment of an international commission of inquiry to investigate the events; measures to protect civil society members, the independent media and opposition political activists; and complete restructuring of the security apparatus to enable respect for Guinea's commitments to its people under domestic and international human rights and humanitarian law.

  CIVICUS calls upon the United Nations, the African Union, the Economic Community of West African States and other members of the international community involved in deliberations with the military regime to take into account the demands of civil society and the aspirations of the people of Guinea. In crafting a solution to the current crisis, political considerations must not be allowed to subsume the course of justice for the victims.

  This e-mail address is being protected from spambots. You need JavaScript enabled to view it

  This e-mail address is being protected from spambots. You need JavaScript enabled to view it

  CIVICUS: World Alliance for Citizen Participation is a global movement of civil society with members and partners in over a hundred countries. The Civil Society Watch (CSW) programme of CIVICUS tracks threats to civil society freedoms of expression, association and assembly across the world. In 2008, CSW tracked threats in 61 countries across the globe.
  
  For more information visit: www.civicus.org or contact Jessica Hume (), Communications Officer or Mandeep S.Tiwana (),

  Civil Society Watch Programme Officer

  Tel: +27- 11 -833 5959 mob: +27 714698121

• CIVICUS condemns violence, encourages peaceful dialogue in Peru

  12 June 2009. CIVICUS: World Alliance for Citizen Participation condemns the violence stemming from protest in Peru and supports the resumption of peaceful dialogue and cooperation between the Government of Peru and the Interethnic Association for the Development of the Peruvian Amazon (AIDESEP). According to reports, approximately 40 people were killed and more than 100 wounded when Peruvian police and military opened fire on unarmed protestors on 5 June 2009. The indigenous protesters oppose plans by the Peruvian government to further open parts of the Amazon region for development and the extraction of oil, minerals, timber, and other natural resources by multinational corporations. They maintain that multinational corporations are gaining access to ancestral territories without consultation from indigenous peoples. Protests have resulted in road blockades and the closure of areas in the Amazon region. Talks among indigenous communities represented by AIDESEP and the Peruvian government broke down on 5 June 2009. Following vows of insurgency by protesters, the Peruvian military joined state police in a campaign of forced removals. Although threats of insurgency have since been rescinded, armed intervention continues, and the 60 day state of emergency that has been in effect since 8 May 2009 remains. The implementation of newly promulgated laws passed last year give President Garcia new powers to implement free-trade agreements, which includes new trade pacts with the United States and Canada. Such pacts threaten the preservation of rural and native communities' autonomy and use of land as affirmed by Article 89 of the Constitution of the Republic of Peru. Moreover, the laws did not follow mandatory consultation with the affected communities under Article 6 of the ILO Convention 169 concerning Indigenous and Tribal People in Independent Countries in breach of Peru's obligations under international law. Although, the Congress has indefinitely suspended two of the decrees in response to recommendations of the Special Commission of the Congress, Constitutional Commission of the Congress and the Office of the Ombudsman, it has not repealed them to eliminate a significant cause of the conflict. CIVICUS is deeply concerned over the escalation of violence and increased use of armed intervention by the Peruvian government and recommends that: (i) an independent commission of inquiry comprising international experts be set up to investigate the violence and the events preceding it; and (ii) an invitation be extended to the UN Special Rapporteur on Indigenous People to carry out an investigation. CIVICUS supports the rights of all peoples of Peru to peacefully organise, protest and petition the government, and encourages resumption of peaceful talks and good-faith dialogue between the indigenous peoples of Peru and the government.

• Human rights groups demand Zimbabwe stop violent repression of protesters and respect fundamental freedoms
  • Security forces violently repress protests, killing at least eight and injuring more than a dozen after using live ammunition against demonstrators
  • Hundreds of protesters arrested during a three-day national shutdown called to protest massive fuel price hikes, with reports of security forces assaulting citizens in their homes
  • Leading human rights defender Evan Mawarire among those arrested and charged with public violence
  • Authorities shut down social media sites and the internet, only partially restoring online access after the end of the strike action
  • Crisis in Zimbabwe Coalition and Civil Society alliance, CIVICUS call on South Africa and the African Union to act to prevent more violence

  Crisis in Zimbabwe Coalition and Global civil society alliance, CIVICUS, have called on the authorities in Zimbabwe to exercise restraint and desist from using violence against peaceful protesters who have been demonstrating against a massive increase in fuel prices.

  Security forces used brute force against Zimbabweans who took to the streets during a three-day national strike to protest President Emerson Mnangagwa’s decision to raise the fuel price by more than 150%. This astronomical price hike would see the cost of petrol increase from US$ 1.4 per litre to US$ 3.31 per litre and diesel from US$ 1.36 to US$ 3.31 per litre. The national protests come amidst a deterioration in economic conditions, fuel shortages and ever-increasing prices of food and basic necessities.

  To protest Mnangagwa’s announcement, the Zimbabwe Congress of Trade Unions and activists called for a national shutdown of businesses, schools and places of work.

  In response, security forces used live ammunition on protesting crowds while in the Matabeleland region, in particular, soldiers reportedly invaded protesters’ homes and shot occupants. Yesterday, army and police officers surrounded the home of human rights defender and leader of the #ThisFlag movement, Evan Mawarire, before arresting and detaining him. Mawarire has been charged with inciting public violence through social media and is yet to appear in court.

  Reports from the ground indicate that armed police, soldiers and masked men have caused mayhem as they kidnapped, harassed, intimidated and attacked citizens, while the streets remained heavily militarized.

  “We are alarmed by incidents of extreme violence being reported, which include shooting at peaceful protestors and forcefully removing people from their homes. This is a gross violation of people’s right to organise and freely express themselves, said Lysa John, Secretary General of CIVICUS.

  “Zimbabwean authorities must immediately stop using violence against its citizens and withdraw the military from the streets. We urge the South African government to intervene immediately to contain this crisis. The African Union must act with urgency to ensure that peace returns to Zimbabwe and hold those involved in the killing and harming of civilians accountable for their actions,” John said.

  “We are concerned about threats targeting leaders of civil society, specifically Crisis in Zimbabwe Action leaders and its Secretariat who are falsely accused of hosting numerous meetings with a plan to unseat the Mnangagwa administration.” Said Tabani Moyo, Spokesperson for the Crisis in Zimbabwe Coalition.

  “This statement is quite unfortunate as the public space is awash with our position calling for an inclusive national dialogue with all stakeholders.” Moyo continued.

  In a move reminiscent of the manner in which the previous government of President Robert Mugabe often operated, authorities shut down social media sites and completely cut off access to internet during the mass action. Online access has now reportedly been partially restored but social networks remains inaccessible.

  The CIVICUS Monitor, an online platform that tracks threats to civil society in all countries, has rated civic space – the space for civil society – in Zimbabwe as “Repressed”. This means civil society is significantly constrained and active individuals and civil society members who criticise power holders risk surveillance, harassment, imprisonment, injury or death.

  For more information, please contact:

  Teldah Mawarire

  Grant Clark

  Click here for our Press Centre

  Facebook: https://www.facebook.com/CIVICUS/

  Twitter: @CIVICUSalliance

• INDONESIA: ‘Communities have the right to have their opinions heard and considered’

  CIVICUS speaks about the recent protests triggered by rising fuel prices in Indonesia with Kahar S Cahyono, vice president of communications of Konfederasi Serikat Pekerja Indonesia (KSPI), a trade union organisation that promotes social justice and the welfare of workers.

  What triggered recent protests in Indonesia?

  Workers’ protests were triggered by several government policies deemed to be detrimental for workers. The most recent was the increase in fuel prices, which lead to the increase of prices of basic necessities.

  Previously, to determine the minimum wage for 2022, the government had used the regulations of a very problematic law, the Omnibus Law on Job Creation. As a result, the wage increase was at the minimum level. For workers in many areas there was no increase at all. The national average wage rise was roughly one per cent, while the inflation rate in September 2022 reached almost six per cent. In other words, wage increases could not accommodate the sudden increase of prices. The situation worsened due to the increase in fuel prices.

  In this context, the government announced it would continue to use the same mechanism provided by the Omnibus Law on Job Creation to calculate the wage increase for 2023. On top of that, the government recognised that in 2023 there will be a global recession. When this happens, workers will likely be the main victims, not least because there will be massive layoffs.

  In sum, the purchasing power of workers’ salaries, which already declined because the wage increase has been lower than inflation, will plunge further due to the fuel price rise. The situation will worsen even more because next year’s wage increase will also be the minimum, and will also likely be overcome by inflation. On top of all this, workers will also be haunted by the fear of losing their jobs due to a global recession. 

  What are your demands, and what tactics are you employing to put them forward?

  KSPI has made four demands: cancellation of the increase in the fuel price, repeal of the Omnibus Law on Job Creation, a 13 per cent increase in the minimum wage for 2023 and measures to avoid job losses in a context of global recession.

  On top of these four, KSPI has conveyed two additional demands: the implementation of agrarian reform and the adoption of the draft Law on the Protection of Domestic Workers.

  Agrarian reform is important to achieve food sovereignty. If Indonesia is able to satisfy its food demand without depending on imported goods, it could avoid the worst impacts of a global recession. The draft Law on the Protection of Domestic Workers is key because domestic workers are typically employed in the informal sector and lack any protection.

  KSPI employs a ‘CLAP’ strategy, which stands for concept, lobby, action and politics. Concept refers to developing thought and arguments regarding the issues, through discussion, seminars and other exchanges. Lobbying refers to conducting meetings with relevant officials to convey our position on each issue.

  Action is conducted both through litigation – for example, we submitted a petition for judicial review to the Constitutional Court on the Law on Job Creation, as well as a petition to the Administrative Court on the determination of the minimum wage – and peaceful protest at both local and national levels – for instance, by demonstrating outside parliament or the office of the mayor or governor.

  Finally, politics refers to campaigning so that people will not vote for a political party that supports measures that hurt workers, such as the Omnibus Law or the increase in fuel prices. This is in addition to establishing a political party representing workers, that is, the Labour Party as a tool for class struggle.

  KSPI uses all these tactics jointly with organisations of farmers, fishers, young people, students, women, people living in urban poverty and academics.

  Have protesters experienced any human rights violations?

  Major human rights violations were recorded during theprotests against the Omnibus Law on Job Creation in 2020. An investigation byAmnesty International Indonesia documented at least 402 victims of police violence in 15 provinces and at least 6,658 individuals arrested in 21 provinces. People who protested online were also intimidated. Between 7 and 20 October 2020, at least 18 people in seven provinces were criminalised for allegedly violating the Information and Electronic Transactions Law. 

  As for workers, when KSPI urged a nationwide strike against the Omnibus Law, security force officers came to several factories, even entering production areas, to prevent workers joining the protest. Buses rented by workers to join the protest in Jakarta were suddenly cancelled for no reason, possibly as a result of intimidation or prohibition.

  Rather than with repression, the government should respond to labour action by implementing mechanisms for meaningful participation, enacting the right of the community to have their opinions heard and considered and to receive reasoned responses to the opinions provided.

  How did KSPI react to the football stadium disaster on 1 October?

  More than 130 people died and more than 300 were injured on 1 October as a result of the violence that erupted at Kanjuruhan stadium in Malang during an Indonesian league soccer match when supporters from the losing team invaded the pitch and police fired teargas, provoking a stampede. 

  When this happened, we conveyed our deepest condolences to the victims’ families and to those who were injured. We also examined the facts and concluded there were procedural failures in handling the crowd, and condemned the unprofessional behaviour that led to the tragedy.

  KSPI published a media release with a series of calls. First, we urged the head of Indonesian Police to strip the police head of Malang from his position due to his failure to police the incident adequately.

  Second, we called for this case to be handled by the Indonesian Police Headquarters so that it is thoroughly investigated and those found responsible are punished through either criminal or administrative proceedings, according to laws and regulations.

  Third, we urged the Football Association of Indonesia (PSSI) to suspend league matches until after the conclusion of the investigation of the tragedy. The PSSI should also ensure this won’t happen again by tightening its security protocol for football matches.

  Fourth, we urged the public to raise the Indonesian flag at half-mast in their homes as a symbol to express condolences. And finally, we urged society to promote a healthier, more peaceful sports culture.

  At KSPI we thought it was important for us to convey our position on this issue, not only because many football supporters are also workers, but also because we realise that the use of excessive force by the security forces is very easily directed against workers. Security forces also often use teargas to dissolve workers’ protests. We hope incidents such as this will not be repeated either inside or outside stadiums, in any mass protest attended by thousands of people.

  ---

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

  Get in touch with Konfederasi Serikat Pekerja Indonesia through itswebsite or itsFacebook andInstagrampages.

• Iran: civil society urgently calls for accountability and respect for women’s rights

  The death of Mahsa Amini while in custody after she was arrested for allegedly violating Iran’s strict rules on  women’s dress code and the massive arrests of protesters require urgent accountability by the government and end to violence against women and women human rights defenders, global civil society organisation, CIVICUS said today.  

• IRAN: ‘Mahsa’s death highlights the struggle women must face just to go about their daily lives’

  CIVICUS speaks with Kylie Moore-Gilbert about thecurrent women-led protests in Iran, sparked by Mahsa Amini’s death in the custody of the so-called ‘morality police’.

  Kylie is a British-Australian women’s rights advocate and academic specialising in Islamic studies. She has extensively researched political issues in the Middle East, including the ‘Arab Spring’. In 2018 she was falsely charged with espionage and remained in prison in Iran for more than two years before being released in a prisoner exchange deal negotiated by the Australian government. She speaks about this experience in a recently published book,The Uncaged Sky: My 804 days in an Iranian prison.

  What are the demands of the protesters currently mobilised in Iran?

  In contrast to previous outbreaks of protest and civil unrest in Iran, from the very first day the current protesters adopted slogans calling for the fall of the Islamic Republic regime. Their slogans include ‘Death to Khamenei’, the Supreme Leader, ‘Down with the dictator’ and ‘No to the Islamic Republic’.

  While the trigger for the unrest was the senseless death of Mahsa Amini at the hands of the morality police, the issue of forced hijab and the harassment of women by regime officials due to their clothing and behaviour has become a symbol of the protesters’ desire to remove this regime altogether. Protesters are demanding freedom, equality between women and men and an end to the tyranny imposed on them by Iran’s regime of ageing clerics.

  The protests are happening countrywide and have involved Persian and ethnic-minority communities, irrespective of language, religion or class. To further their demands, protesters are using overwhelmingly peaceful tactics, such as rallies and marches, organised hijab-burnings and hair-cuttings, and general strikes.

  How have the authorities responded to the protests so far?

  The protests have faced a rolling crackdown since their inception. Many protesters, including several young teenagers, have been shot dead in the streets by security forces. Thousands have been rounded up and arrested. Sharif University of Technology was besieged for several days, with its students rounded up, beaten and imprisoned.

  The regime has cut off internet access to most of the country in a bid to contain protests. This is why it is so important for the international community to keep up the pressure on Iran and continue to shine a light on its human rights abuses. It must help prevent a massacre of innocent protesters and hold the regime to account for its crimes.

  Has Amini’s case helped reveal underlying women’s rights issues?

  Yes, most definitely. One reason why Amini’s arrest and murder touched such a nerve in Iran is that nearly all Iranian women, and many men too, have had similar encounters with the morality police at some point in their lives. What happened to Mahsa could have happened to any one of them.

  Mahsa’s death highlights the struggle women in Iran must face just to go about their daily lives. Women are routinely harassed in public by regime officials and pro-regime sympathisers for ‘bad hijab’ and are even banned from singing and dancing, hugging or touching men who are not their relatives, among too many other things. Many Iranian women are tired of the constant policing of their appearance and behaviour. They want to be free to get on with their lives as they see fit.

  What needs to change for women’s rights to gain recognition in Iran?

  For women’s rights to be recognised, the regime would have to change. I do not believe the Iranian government is capable of reforming itself. Forced hijab and discriminatory laws against women are a core pillar of the regime’s ideology. If it granted women equal rights, it would cease to exist.

  My hope is that the protests will make a difference well beyond women’s rights. As the protests are now entering their third week, my hope is that they will eventually lead to the downfall of the regime altogether. Iranians deserve a democratic government that respects gender equality and freedom of speech and is truly representative of the will of the people.

  What kind of assistance does Iranian civil society need from the international community?

  Iranian civil society desperately needs its voices to be amplified internationally and for attention to continue to be focused on what is happening inside Iran. The full glare of international media and foreign governments will act as something of a brake on the worst excesses of the regime’s crackdown.

  The international community could also assist in trying to keep Iran’s internet functioning, so protesters can communicate with one another and get news, photos and videos out of Iran so the world knows what is happening there.

  Foreign governments could also impose sanctions on Iranian officials responsible for the crackdown and other human rights abuses, and should cease all negotiations with Iran over sanctions relief and unfreezing Iranian assets abroad.

  ---

  Civic space in Iran is rated ‘closed’ by theCIVICUS Monitor.

  Follow @KMooreGilbert on Twitter.

• KENYA: ‘Holding police officers accountable for killings in a court of law will be the main deterrent’

  CIVICUS speaks about police brutality in Kenya with Joseph Kariuki, Communications and Media Lead of International Justice Mission and editor of the Missing Voices project. Missing Voices Kenya is an initiative of a group of civil society organisations (CSOs) aimed at filling the evidence gap regarding police brutality, extrajudicial killings and enforced disappearances. It layers victims’ testimony with consolidated quantitative data and tracks processes to hold those responsible legally accountable.

  What is Missing Voices Kenya trying to do?

  Missing Voices was launched in August 2018, by a coalition of partners working on police reform. The main aim of the project was to produce a database of police killings and enforced disappearances in Kenya. This was critical since efforts by most CSOs to share their individual statistics proved untenable because of the different numbers each organisation had. This created confusion and gave the government a window to deny what seemed to be a systematic trend of extrajudicial killings.

  Our production of verified data was in itself a big success, considering the efforts put into denying this reality. Missing Voices has so far released two annual reports, in 2019 and 2020, and has held campaigns both online and offline to advocate for the end of extrajudicial executions and enforced disappearances in Kenya.

  Our website is meant to showcase victims’ stories and provide a platform for their families to agitate for justice. Every confirmed story is published on our website, including the name and photograph of the victim, along with any information that can help resolve their murder or discover someone’s whereabouts in case they are missing and still alive. We have seen cases being reopened right after they were published on our platform.

  In what ways has the COVID-19 pandemic and the enforced curfew worsened human rights in Kenya?

  The Missing Voices Kenya report ‘The Brutal Pandemic’ documented 157 cases of police killings and an additional 10 cases of enforced disappearances during 2020. Not all the cases were the result of COVID-19 containment measures, but some – around 23 – were the direct result of these.

  The measures put in place increased the prevalence of police brutality, which has been a systemic issue in Kenya for years. Most families, especially those living in poor neighbourhoods, bore the brunt of the measures after police officers were given orders to use force if necessary to ensure the 7pm curfew was enforced. Most families were caught unawares after public transport vehicles were ordered to carry half their maximum load, which meant there was a shortage of transport to get back home before the curfew.

  Why is police brutality targeted at young people in informal settlements, and what can be done about this?

  The fact that young people in poor neighbourhoods are the primary targets of police brutality can at least partly be explained by the high crime rates in such areas and the police strategy of using force to fight crime. This has worsened by the trend of arbitrary arrests of young men leaving their workplaces for home late at night. In informal settlements there seems to be a permanent curfew in place, since well before the pandemic.

  There are police squads that move around in unmarked cars arresting young men, many of whom have been killed. This has led to distrust between the public and the police. Lack of trust has hampered efforts to fight crime, because police depend heavily on the public for tips on criminal activity and perpetrators.

  This bad blood can be prevented if police officers stop looking at young men as suspects of crime and start moving around in marked cars. Poverty is still the leading cause of conflict between police and the public, so the government should put in place measures to empower and improve the opportunities for young people. And above all, the main deterrent will be if police officers are held accountable for killings in a court of law.

  What challenges has Missing Voices Kenya faced in ensuring accountability?

  The biggest challenge has taken the form of threats to victims or their families, which has deterred many from following up on their cases in court. Cases of police killings take a long time to investigate and even longer to process through the judicial system, which often leads to discouragement and apathy in the community.

  In response to this, in June 2021 the Missing Voices coalition ran a campaign on delayed justice, which highlighted cases that had taken a very long time to resolve but had eventually resulted in justice being served.

  Have there been other citizen responses to police brutality?

  A number of protests have been held against police brutality and we have also organised public dialogues in which we have shared the statistics we have collected and urged for an end to the violence. Our Brutal Pandemic report was handed to the Senate and another report was released in November 2021 making a number of recommendations. During the pandemic, our campaigns forced the government to condemn police brutality. It must be noted that before this the government had denied anything was wrong, so this kind of acknowledgment is a welcome first step.

  How can international civil society best support Kenyan civil society efforts to bring an end to these human rights abuses?

  More advocacy is needed for the government to accept that police brutality, enforced disappearances and extrajudicial killings are systemic issues that need addressing. There is a need to empower local justice centres and survivor groups so that people can count on safe spaces and are enabled to speak up more about these issues. And there is need for bigger capacity to take witnesses into the witness protection programme, without which we are unlikely to make much additional progress.

  Civic space in Kenya is rated ‘obstructed’ by theCIVICUS Monitor.
  Get in touch with Missing Voices through itswebsite or itsFacebook page, and follow@MissingVoicesKE and@kariukimwangi on Twitter.

• Law enforcement agencies and decision makers must respect the right to protest in the US 

  Over 10,000 protesters have been arrested in the #USA.
  
  Law enforcement agencies and decision makers must respect the right to protest.
  
  Statement: https://t.co/BTn0voaqSv#GeorgeFloyd #BlackLivesMatter pic.twitter.com/N25Sx3Ebpw

  — CIVICUS (@CIVICUSalliance) June 4, 2020

  • ​​​​​​CIVICUS expresses solidarity with US protesters in their struggle for justice
  • We defend the right to peaceful assembly and condemn violent police force
  • National and global protests highlight the need to address institutionalized racism, and police impunity and militarisation

  Global civil society alliance, CIVICUS, condemns violence against protesters by law enforcement officials over the past few days, and stands in solidarity with those protesting against deep-rooted racism and injustice.

  Hundreds of thousands of people have taken to the streets across the United States (US) to protest the murder of George Floyd by police in Minneapolis on 25 May. Their demands for justice for George Floyd and other Black people unlawfully killed at the hands of police have been met with force. Law enforcement agencies have responded to protests using rubber bullets, concussion grenades and tear gas.  

  CIVICUS reaffirms that the right to protest, as enshrined in international law, must be protected. We call for an end to police violence against Black communities.

  Earlier this week, as law enforcement agencies suppressed protests in Washington DC, President Trump threatened to deploy the National Guard to crush demonstrations:

  “President Donald Trump is stoking violence by threatening to forcibly deploy military units in states and cities to crush the demonstrations and restore order in a constitutionally questionable manner,” said Mandeep Tiwana, Chief of Programmes at CIVICUS. 

  There are reports that over 10,000 protesters have been arrested since protests began. CIVICUS is concerned by the arbitrary arrests of thousands of protesters, including 20 members of the press. There are numerous cases of journalists being deliberately targeted by law enforcement agencies and at least 125 press freedom violations have been reported since the start of the protests.

  Demonstrations have broken out across the world in solidarity with the US protesters and their demands for justice and accountability. Our recently released State of Civil Society Report 2020 highlights the importance of people’s movements in demanding change. CIVICUS supports the right of protesters around the globe to peacefully and safely assemble during lockdown:

  “These protests are a call to action to address systemic racism and unprovoked violence experienced by the Black community in the US and beyond. A systemic reckoning with unaddressed notions of white supremacy is needed,” Tiwana continued.  

  As a matter of urgency, CIVICUS calls on authorities to respect the rights of freedom of assembly and expression. We urge systemic reforms to address police impunity, militarisation and institutional racism. The deliberate targeting of journalists must also end, as must the incendiary language used by President Trump and other politicians. 

  We also call on law enforcement agencies to stop using violent methods to disperse protesters and call for an investigation into the unwarranted use of force.

  About CIVICUS

  CIVICUS is a global alliance of civil society organisations and activists dedicated to strengthening citizen action and civil society throughout the world. We have over 9000 members across the globe. The CIVICUS Monitor is our online platform that tracks threats to the freedoms of assembly, association and expression across 196 countries. Civic space in the United States is currently rated as narrowed by the research and ratings platform.

• Police reforms must go beyond IPCMC

  By Josef Benedict

  The change of government on May 9 has offered a real opportunity for Malaysians to fix the gaps and problems that currently plague the various state institutions in the country.

  Read on: Malaysiakini

• TANZANIA: ‘The human rights of the Maasai people are violated through involuntary assimilation and relocation’

  CIVICUS speaks about the unlawful eviction of Maasai people from their ancestral lands with Joseph Moses Oleshangay, a Tanzanian human rights lawyer and activist for democracy and Indigenous peoples’ land rights. Joseph is currently working with the Legal and Human Rights Centre to raise awareness of human rights violations and promote good governance in Tanzania.

  Why are Maasai people being evicted from their land in Tanzania?

  The Maasai eviction is largely caused by the government’s lust for money. The tourism and hunting business promises to bring a lot of capital, and unfortunately, that can only happen if the Maasai are removed from their native land. The government is currently planning to evict Maasai people living in Loliondo and Ngorongoro to establish a game-controlled area in Loliondo and potentially change the status of a conservation area in Ngorongoro to a game reserve.

  The government has proposed to establish game reserves in every single district ancestrally occupied by Maasai communities. The way this project is being carried out is unethical and threatens many lives and the cultural survival of the Maasai.

  Sadly, to gain public support and trust the government has created a narrative that this is a nature conservation project. But it has been scientifically proved that Maasai pastoralism is compatible with environmental and wildlife conservation. While the government generally accuses the Maasai as threatening tourism in Ngorongoro, 70 per cent of tourists in Tanzania in 2019 visited Ngorongoro, with the remaining 22 national parks and game reserves attracting only 30 per cent of the tourist inflow. Ngorongoro also contributes 52 per cent of the earnings from tourism. It is the only conservation area in Tanzania where humans – Maasai – are legally allowed to coexist with wildlife. As well as being by far the best tourism destination in Tanzania, it has the highest wildlife population density in the world. This shows that the government’s claim that the Maasai are threatening wildlife conservation and tourism is a completely false narrative.

  In Ngorongoro over 80,000 people are facing the threat of eviction, which the government justifies by claiming the population has exceeded the carrying capacity of the land. But according to the latest census, Ngorongoro has a human population density of 10 people per square kilometre, compared to a national average of 60.

  The tourism industrial complex is pushing the government to forcefully evict Maasai people from their land because they think the Maasai don’t add value to the business and will disrupt the activities they want to undertake in Loliondo, Ngorongoro and the neighbouring Serengeti National Park. The authorities know that wildlife massacre, one of the key businesses planned, won’t be possible under the Maasai’s watch and their pastoralism livelihoods will not fit the overall hunting and hotel aesthetic they are trying to create.

  The government has an obligation to take care of the environment and ensure the safety of all who live in it. If Maasai people are allowed to stay in the newly created game reserves, they will witness wildlife massacre and will inevitably suffer harm. The government cannot risk this being exposed.

  So without consulting with the Maasai community, the government has started its eviction plan in a manner that will force their integration with the majority community in the coastal region. To facilitate relocation, on 31 March the government withdrew all funds previously allocated to health, education and other key services. In 2021 the government threatened to demolish nine government primary schools and six health centres. In April 2022 the government’s chief spokesperson recognised that life-saving services were prolonging the Maasai presence in the Ngorongoro so there was a need to dismantle them.

  What human rights violations have been reported?

  Many human rights violations have been reported, and they are reaching a level we had not seen since our independence. They are more brutal than what our people experienced in the colonial era. Never before has our country witnessed a campaign targeting a specific community as we are now seeing in Ngorongoro. The Maasai are being portrayed as primitive people whose ancestral land is elsewhere, and the president has said they are new arrivals in Tanzania, so in case of a forceful relocation, the authorities can claim the Maasai have no attachment to Ngorongoro.

  In early June, the authorities installed beacons in the place destined to become a game-controlled area, against Tanzanian law and in violation of an order issued by the East Africa Court of Justice in 2018. In 2017 a Maasai representative filed a complaint at the Tanzanian Human Rights and Good Governance Commission against the planned eviction and submitted a case to the East Africa Court of Justice seeking intervention against violent operations that ended with at least 349 Maasai homesteads being set ablaze.

  Despite the temporary orders issued by the Court directing the government to halt relocation pending a final decision on the case, on 17 June 2022, just five days before the date set for delivery of a judgment, the government declared the contested land as a game-controlled area. Surprisingly, four days later the Court issued a notice that the decision would be delayed until September, giving the government leeway in executing atrocities in Loliondo.

  The demarcated area includes not only village land, which is forbidden by the law, but also people’s homesteads. The police have used teargas and guns, wounding 31 Maasai people. Before beacons were installed, all elected political leaders were arrested and detained incommunicado for seven days before being arraigned in court on murder charges – for a murder that happened one day after they were arrested.

  There are currently 27 Maasai people charged with murder and over 80 detained under the accusation of being unlawful immigrants. Some have been subjected to torture. Over 2,000 people have reportedly crossed the border with Kenya for security reasons.

  Since June, Maasai livestock have been killed or impounded by security forces and a large-scale operation is ongoing to silence anyone who speak against the situation in Ngorongoro and Loliondo.

  How will this eviction affect Maasai people?

  To understand how Maasai people will be impacted upon, one needs to understand who the Maasai are. They are a semi-nomadic pastoral people who move from one place to another in search of their livelihood. They have lived alongside wildlife for centuries and know how to preserve their environment. They have established their cultural practices and spiritual sites that define them as a distinct society.

  Relocation will disturb their culture. There is a place called Oldoinyo Lenkai (‘Mountain of God’) where the Maasai believe their god lives and usually conduct sacrifices during times of scarcity and crisis. If this land becomes a conservation area with restricted access their right to spirituality will be taken away. Ultimately, relocation has a strong chance of leading to their extinction as a people.

  One of the government’s justifications of the relocation process is what they call the need for forced civilisation of the Maasai people, who would have a better life if they coexisted with people from different backgrounds. But this will force them to adopt a culture that is not their own. Involuntary assimilation and relocation are the greatest human rights violations and generally fall under the accepted meaning of genocide under the Rome Statute that established the International Criminal Court.

  How are civil society activists and organisations fighting back?

  We are fighting this in many ways. We are challenging the government by debunking its narrative. The government is spreading propaganda to get public support, so what we do is inform people about the dangers of these evictions and that they are founded on false narratives. We also use our various platforms to highlight that the Maasai add value to both nature conservation and tourism, providing accurate information to counter false claims.

  We also have filed a court case against eviction. The law is one of the strongest tools we are using in fighting injustice in this battle. We can use the law to hold the government accountable and demand it halts the planned eviction. We are trying to make sure that the truth about what is happening is known not only internally but also by the international community.

  We have been fortunate enough to have regional and international organisations such as the African Commission on Human and Peoples’ Rights and United Nations human rights experts publicly condemn the actions of the Tanzanian government and urge it to stop unlawful evictions.

  But we have faced challenges, including the lack of functional legal processes in Tanzania. The 2018 court order requiring a halt to the operations have not been respected. Our government thinks it is above the law and this is affecting our progress in fighting the eviction. As activists our lives are in danger. The government threatens us and many activists had fled the country for safety.

  What kind of assistance do you need from international civil society?

  We need international organisations and activists to help us expose what is happening in Tanzania, because if this is known about internationally the government might be pressured to do better. International allies should use their platforms to highlight the gruesome violations of rights experienced by the Maasai people and keep people informed about our activities.

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

  Follow@Oleshangay on Twitter.

• Thailand: States must urge the government to address the deterioration of fundamental freedoms

  #Thailand: CIVICUS & @adn_asia urge @UN member states to raise concerns about civic freedoms, including the systematic repression of pro-democracy activists & journalists in the upcoming #UPR39 review at the @UN_HRC tomorrow https://t.co/VnRoJocqeH pic.twitter.com/ezNAQuJTJ6

  — CIVICUS (@CIVICUSalliance) November 9, 2021

  As Thailand’s human rights record is examined at the Human Rights Council on 11 November 2021, CIVICUS and the Asia Democracy Network (ADN) call on UN member states to raise serious concerns about Thailand’s civic freedoms.

  In the previous UPR cycle in 2016, Thailand committed to guarantee and respect the right to freedom of expression, assembly, and association; put an end to all forms of harassment and intimidation of human rights defenders; and ensure that all legislation comply with international human rights standards protecting fundamental freedoms. It received 35 recommendations related to civic space, accepting 10 and noting 25.

  Thailand has not upheld these commitments. A joint submission by CIVICUS and ADN to the Human Rights Council in March 2021 highlighted Thailand’s ongoing use of repressive laws against human rights defenders, activists and journalists as well as harassment, physical attacks and allegations of enforced disappearances of activists. Our organizations also raised concerns about the crackdown on peaceful protests, the arrests and criminalization of protesters and the use of excessive force by the police.

  Over the last four years, criminal defamation laws such as section 116 of the Penal Code on sedition have been used to quash dissent by the authorities. More recently, sedition charges have been brought against human rights defenders involved in protests calling for democratic reforms. Although rarely used since 2018, there has been an escalation of investigations and arrests for lèse majesté (section 112 of the Penal Code) since November 2020 against the leaders of the pro-democracy movement.

  Other concerns related to freedom of expression include the Computer-Related Crime Act (CCA), which allows the authorities to conduct surveillance on online content and prosecute individuals under broadly defined offences and the cybersecurity law passed in 2019 that gives the government sweeping access to people's personal information. Outspoken media outlets and reporters have also often face intimidation and punishment for commentaries critical of the authorities.

  “In the upcoming session at the Human Rights Council, states must use the opportunity to call out Thailand for its systematic repression of pro-democracy activists, human rights defenders and journalists. These actions are inconsistent with Thailand’s international obligations,” said Cornelius Hanung, Advocacy and Campaigns Officer for Asia from CIVICUS.

  The Thai authorities have also imposed restrictions on peaceful protests in recent years and arbitrarily arrested peaceful protesters. In 2020, at least 90 people joining peaceful protests were arrested between 13 and 21 October 2020 by the police. The use of excessive force by the police to disperse protesters have been widely reported. On 17 November 2020, during a protest outside parliament, police used water cannon laced with purple dye and an apparent teargas chemical, as well as teargas and pepper spray grenades, to forcibly disperse thousands of protesters, including students, some of whom were children.

  “No one should be detained merely for exercising the right to peaceful assemble. The authorities must immediately end its harassment of protest leaders and participants and release all those detained. There should also be prompt, effective and independent investigations into any violations during protests and perpetrators held accountable,” said Ichal Supriadi, Secretary General at Asia Democracy Network.

  Civil society organizations, pro-democracy groups, student networks and labor groups in Thailand have been subjected to restrictions and multiple forms of intimidation for carrying out their work. More recently, the Thailand Government is considering a revised NGO law that contains arbitrary and vague-defined powers that could be used to muzzle civil society groups and non-governmental organizations (NGOs). It includes excessive punishments, places discriminatory restrictions on organizations that receive foreign funding and allows for intrusive surveillance and searches without judicial oversight.

  Key recommendations that States should make include:

  • Ensure that processes to draft any new laws to oversee the formation and operation of CSOs include meaningful consultation with CSOs and HRDs and are consistent with international law and standards related to the freedom of association.
  • Provide HRDs, civil society members and journalists with a safe and secure environment in which they can carry out their work. Conduct impartial, thorough and effective investigations into all cases of attacks, harassment and intimidation against them and bring the perpetrators of such offences to justice.
  • Specifically, repeal or review article 112 (lèse-majesté) and article 116 (sedition) of the Penal Code to bring it in line with the ICCPR, UN Human Rights Committee General Comment No. 34 and the UN Declaration on Human Rights Defenders
  • Specifically, review and amend the Computer Crime Act and Cybersecurity law to ensure that these laws are in line with best practices and international standards in the area of the freedom of expression.
  • Ensure that journalists can work freely and without fear of criminalization or reprisals for expressing critical opinions or covering topics that the government may deem sensitive.
  • Unconditionally and immediately release all protesters detained for exercising their right to the freedom of peaceful assembly and drop all charges against them.
  • Review and, if necessary, update existing human rights training for police and security forces, with the assistance of independent CSOs, to foster the more consistent application of international human rights standards, including the UN Basic Principles on the Use of Force and Firearms

  The examination of Thailand will take place during the 39th Session of the UPR on 10 November 2021. The UPR is a process, in operation since 2008, which examines the human rights records of all 193 UN Member States every four and a half years. The review is an interactive dialogue between the State delegation and members of the Council and addresses a broad range of human rights topics. Following the review, a report and recommendations are prepared, which is discussed and adopted at the following session of the Human Rights Council.

  Civic space in Thailand is rated as repressed by the CIVICUS Monitor

• UK: Stop the violence against protesters and amend the Policing Bill

  The use of violence against peaceful protesters in the United Kingdom (UK), who are protesting against the draconian police, crime, sentencing and courts bill, is a major assault on the right to peaceful assembly in the UK and indicative of how peaceful protesters will be treated if this bill is eventually passed into law.

• USA: ‘We should shift away from overreliance on policing and promote community-based solutions’

  CIVICUS speaks about police violence in the USA with Abdul Nasser Rad, Managing Director of Research and Data at Campaign Zero (CZ).

  Launched in 2015, CZ is an activist-led and research-driven civil society organisation that works to end police violence and promote public safety beyond policing.

  What factors affect the level of police brutality in the USA?

  Police violence remains a threat in some parts of the country, and particularly to some communities. In 2022, US law enforcement officers killed 1,251 people. While this number is the highest to date since our data tracking began in 2013, it’s crucial to note that trends vary across regions. Some cities have witnessed an increase in such incidents, while others have seen improvements.

  Several factors help explain variations in police violence and use of force across the USA. Racial segregation and socio-economic neighbourhood indicators, for instance, have been found to predict police violence, along with individual-level demographic factors such as the race of the officer involved.

  A combination of historical disinvestment and a societal tendency to respond to social issues with enforcement and prison-related measures rather than restorative or human-centred solutions are leading drivers of the disproportionate impact police violence has on communities of colour. A book by Khalil Gibran Muhammad, The Condemnation of Blackness, provides a comprehensive analysis of the myth of Black criminality and the use of the carceral state in perpetuating the second-class treatment of Black people in the USA.

  How are you working to end police violence?

  Our approach is to work both on immediate harm reduction and long-term transformational change, aiming to reshape the way society approaches public safety.

  CZ provides robust, accurate and up-to-date data on police violence in the USA, which is critical given the absence of such efforts by the federal government. We develop comprehensive datasets that help identify where harm is being caused and pilot solutions to remove the harm. We prioritise transparency and make all our work public. The campaigns we develop are meant to be accessible so other organisations and activists can take the lead in implementing similar initiatives.

  We align with the transformational change perspective. We recognise that the current system is deeply flawed and requires radical rethinking. At the same time, we see the value in harm reduction as a necessary parallel strategy in the short term.

  Our efforts are concentrated in two main areas. First, we engage in harm reduction initiatives through several campaigns. For example, ‘8 Can't Wait’ focuses on reducing police killings by advocating for the adoption of eight policies that restrict the use of force. Since the launch of the campaign in June 2020, over 340 cities have restricted the use of force and 19 states have changed their policies. Some changes include the banning of chokeholds, implementing a duty to intervene, requiring de-escalation and exhausting all alternatives before using deadly force.

  A campaign aimed at reducing unnecessary police deployment, ‘Cancel ShotSpotter’, achieved the cancellation of contracts or the prevention of the expansion of contracts in several large metropolitan centres. ShotSpotter’s technology often mistakes loud noises for gunshots, leading to more police encounters with civilians, sometimes resulting in fatal outcomes. Another campaign, ‘End All No Knocks’, was launched after the tragic police killing of Breonna Taylor, and seeks the cessation of no-knock warrants. It has resulted in six states restricting their use.

  While running these campaigns, we also actively work towards systemic change, consisting of the dismantling and transformation of the policing system. Beyond harm reduction, our goal is to fundamentally transform public safety strategies. We advocate for a shift away from overreliance on policing and instead promote holistic, community-based solutions that prioritise safety and wellbeing for everyone.

  What challenges have you faced in doing your work?

  A common challenge relates to data inconsistencies, lack of data transparency and ensuring the accuracy of our data platforms and analyses.

  But one of the most severe challenges lies not in the data but in the ways it can promote harm rather than foster more thoughtful approaches. For example, when the crime rate increases, the system responds with enforcement and incarceration rather than human and restorative solutions. It’s devastating to see the same punitive strategies over and over again. Combating fear and punitive social responses deters us from our long-term work of dismantling oppressive systems, creating frustration and a sense of moving backward.

  At its core, the problem is that society doesn’t treat or view every individual as a human being of equal value. If it did, it wouldn’t support punitive responses to people experiencing crises. It can be frustrating to work towards dismantling this system while simultaneously mitigating harm from the same system we’re trying to dismantle.

  We confront challenges and failures daily, often facing more obstacles than successes. This is the nature of social justice and liberation work. So building resilience is critical. It’s vital to maintain faith and keep engaging in restorative practices. The commitment and joy in the work endure as long as hope is kept alive and a vibrant community surrounds you.

  How do you collaborate with other local and international stakeholders?

  Our work is with and for communities most impacted on by the US carceral system. Domestically, we collaborate with any stakeholder willing to advance solutions aligned with our values. Direct engagement with stakeholders of diverse ideologies is necessary for policy change. As noted by the intersectional feminist writer Audre Lorde, it is not our differences that divide us, but our inability to recognise, accept and celebrate those differences.

  We are just beginning to build international relationships. Over the past year, we’ve engaged with the international community through sharing our research and expertise in building robust data systems and contributed to the United Nations High Commissioner for Human Rights’ efforts to develop best practices on fatality counts and in-custody deaths.

  To achieve our mission, we need to keep building trust, and we do this by making our work as transparent, robust and easily accessible as possible. Partnerships will help us secure resources to sustain the work and gather the feedback we need to continuously improve.

  ---

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

  Get in touch with Campaign Zero through itswebsite orFacebook page, and follow@CampaignZero on Twitter.

• What Oscar-nominated film ‘The Trial of the Chicago 7’ tells us about protest rights

  

  Source: Open Democracy

  By Susan Wilding, Head of CIVICUS' Geneva office

  The Trial of the Chicago 7’ is up for six Oscars at the Academy Awards, to be announced on 25 April. The film, which dramatises the trial of seven social activists who opposed the Vietnam War, sheds light on key issues about the right to protest. It has particular resonance today – as is shown by the fact it is reportedly one of Netflix’s most-watched movies – when mass mobilisation is increasingly common across the globe.

  Read on Open Democracy