Sexual and reproductive rights
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LGBTQI RIGHTS: ‘There is an ongoing desire among many to more closely regulate morality’
As part of our 2019thematic report, we are interviewing civil society activists, leaders and experts about their experiences of backlash from anti-rights groups and their strategies to strengthen progressive narratives and civil society responses. CIVICUS speaks to T King Oey, an Indonesian capacity development expert and a founder and board member ofArus Pelangi, the Indonesian Federation of Lesbian, Gay, Bisexual, Transgender, Transsexual and Intersex Communities.
How does your network work, and what are the challenges you are addressing?
Our organisation, Arus Pelangi, which means the Flow of the Rainbow, was established in 2006. This was during the Reformasi era that followed the ousting of President Suharto in 1998 after three decades in power. After this there was much more freedom and many repressive laws were revised. At this time LGBTQI people felt we should come together to stand for our rights. Before then the only context in which people talked about LGBTQI people was in relation to the mitigation of HIV/AIDS. So we decided to form an organisation purely to advocate for the rights of LGBTQI people.
Arus Pelangi is a coalition of national and local groups of LGBTQI people. We network a lot with other human rights organisations, including those working on other aspects of diversity and legal reform. We have also been instrumental in the formation of a network across the Association of Southeast Asian Nations (ASEAN) member countries – the ASEAN SOGIE Caucus. It is based in the Philippines and Arus Pelangi is an important member. At the same time we are reaching out to local communities around the huge country of Indonesia. There are still capacity challenges in enabling far-distant communities to make their voices heard.
What challenges have you faced in recent years?
The space for democracy in Indonesia is becoming more restricted, and it is harder for us to be visible. When we started in 2006 we saw it as strategic to raise our visibility as much as possible, so people could see and understand LGBTQI people and know who we are. So we took part in demonstrations, held flash mobs, held public discussions, made media appearances – anything to make us visible as a group.
From the very beginning there were all kinds of groups attacking us. But things got much worse in 2016, when all of a sudden there was this massive wave of attacks. Persecutions also began from 2016 onwards. The trigger was a pronouncement by the Minister of Research, Technology and Higher Education, Muhammad Nasir, that LGBTQI people should be banned from university campuses. Suddenly everyone joined in, saying that LGBTQI people should be banned from everywhere, that we should be criminalised.
These attacks came especially from hardline religious groups. These groups had always advocated for criminalisation, but suddenly they had momentum because of what the minister had said.
From then on it was no longer possible to be visible as an organisation, and to some degree even as individuals.
How have extremist groups been able to organise, and how have they mobilised support?
The Reformasi era created all kinds of freedoms for people to organise themselves, but the fundamentalists had the same freedoms, and they did very well in organising themselves. They have received lots of funding from Saudi Arabia.
There has been a two-track development in Indonesia. Indonesia has become more part of a global society, more integrated in terms of technology, but at the same time people’s minds have become more conservative, due to the influence of fundamentalists. Fundamentalists have had more chances to preach, and to organise in all kinds of groups and organisations. One of the most well-known is Islam Defenders Front (Front Pembela Islam, FPI), which has been very vocal in attacking us, and they have been able to stop some of our activities.
The attitude of the police has been ambivalent. They haven’t stopped the FPI from attacking us. Rather they have said that for our safety it would be better if we disband. They always use this argument of safety. Since 2016 the police have also been proactive in outing and arresting people. People are arrested, paraded in front of the media and then released without charge.
This has had a huge effect on the whole community. People have become afraid. Since 2016 we have held hardly any public events. We have to keep things secret and do everything underground. We have also had to learn to take security measures. Many of our people became depressed and closed themselves away, stopped going out. It’s just like being back in the Suharto era. We aren’t free any more.
Fundamentalists reached the level of power that in 2017 they were able to put Basuki Tjahaja Purnama, the Christian governor of our capital city, Jakarta, into jail for blasphemy. This was when the network of fundamentalist groups reached the height of their power. They were able to work together to do this. Indonesia has a blasphemy law, and once someone has been indicted, it is certain they will be convicted. I haven’t heard of any case when someone charged with blasphemy has walked free.
How has the government responded?
What is interesting is that this level of fundamentalism got to the point where it was threatening the position of President Jokowi. Only then did we see a concerted effort from the government to push back, and this process is still going on. The government has banned one of the fundamentalist groups, an international Muslim network that calls for the establishment of the caliphate, on the grounds that it does not adhere to the national ideology, known as Pancasila.
A law the government recently passed on civil society organisations enabled it to do this. Human rights organisations criticised this law for being too loose and flexible. It could potentially enable the government to ban any group. This is the first time it has been used. The same law could be used against any group. It’s a double-edged sword.
The government is considering banning the FPI. The government is also saying that it is coming to realise how many campuses have been infiltrated by fundamentalist groups, but it’s hard to know what’s going on behind the scenes.
Has the April 2019 presidential election brought any changes?
President Jokowi won re-election in April, but it seems he felt he couldn’t do it without the support of the moderate Muslims, as he took an Islamic cleric, Ma’ruf Amin, as his running mate. Ma’ruf is a fairly conservative cleric who has made all kinds of negative pronouncements against LGBTQI people. It’s a mystery for many people, even for supporters of President Jokowi, why he was chosen over all other candidates.
For LGBTQI people, now President Jokowi has won re-election, it remains to be seen whether the coming five years will bring any improvement. We don’t believe President Jokowi is against LGBTQI people, and on some occasions, he has said that the rights of LGBTQI people should be protected. But this is the kind of thing he has said when he has been interviewed by the BBC. It is a message for the outside world, rather than for a domestic audience.
What is also disappointing is that in his first term, President Jokowi prioritised a focus on the investment climate, emphasising massive infrastructure projects, such as ports, roads and power plants, and reforming the bureaucracy to remove obstacles against investment. Just recently he has announced that his second-term priorities are the same. He said nothing about human rights. Many were hoping that he would be less cautious in his second term. It remains to be seen how committed he will be to human rights.
As well as LGBTQI groups, which other communities are subject to persecution?
Other groups particularly vulnerable to human rights abuses are minority Muslim sects, which have been heavily persecuted over the years, and communists and those associated with them. This goes way back to the mass killings of 1965-1966. Survivors and second and third-generation family members are still suffering from discrimination and threats.
The struggle for gender equality goes back many decades. Women are targeted by conservative groups. Shariah law applies in the province of Aceh, and they have introduced and are applying draconian punishments such as caning and stoning to death. Several LGBTQI people have been the victim of caning. There are attempts to criminalise non-normative sexuality elsewhere in Indonesia.
There is an ongoing effort and desire among many to more closely regulate morality. It is a continuous battle to try to prevent more repressive measures. For example, parliament is currently debating a law on domestic violence, and conservative law-makers are asserting that many things we would consider as sexual violence, like marital rape, are not included. The dividing line is between following a hardline interpretation of the Quran or not. Despite its secular appearance, Indonesia has become a de facto religious state.
How is civil society responding to these challenges, and what support could the international community and international civil society best offer to Indonesia’s LGBTQI community?
Civil society has been trying to respond through networking, joint statements, lobbying parliament and campaigning, including through Change.org. But it can feel like fighting an impossible war, because the conservatives always seem to be more powerful, better organised and better resourced.
We have to be careful when considering outside assistance, because one of the arguments that fundamentalists always use is about foreign influences and attempts to make Indonesia a liberal country. LGBTQI is characterised as a western concept that is incompatible with the culture. Of course if you look at the culture and history of Indonesia you see all kinds of expressions of non-binary gender, including in dances, songs, literature and rituals. This culture has been denied consistently by conservatives who say that the only culture is hardline Islam. The conservatives forget that Islam itself is an imported religion.
In 2015, when the US Supreme Court legalised same-sex marriage, this created quite an uproar in Indonesia. Conservative groups always point to this and say that once they give in to one thing, this is what will happen. The global debate about same-sex marriage works both ways for us, because LGBTQI people in Indonesia have never suggested this – it seems too far away to even contemplate this, and we need to have our fundamental rights respected first – but at least it tells us we’re not alone.
So you have to be careful, but solidarity helps. It helps LGBTQI people here to know they are not alone and have not been abandoned. If people have any chance to speak to government officials from Indonesia, they should use that opportunity to speak up for LGBTQI people and other vulnerable groups.
At Indonesia’s United Nations Human Rights Council Universal Periodic Review session in 2017, many shadow reports pointed to the severe situation of LGBTQI people. There was quite a bit of criticism. The usual attitude of the Indonesian government is to cite social conservatism, but this time it was forced to acknowledge the need to take steps and it committed to hold a dialogue with the LGBTQI community. This was a concession that came because of international pressure. Of course, it remains to be seen what will happen on the ground. We have to keep the pressure on.
Civic space in Indonesia is rated as ‘obstructed’ by theCIVICUS Monitor.
Get in touch with T King Oey throughArus Pelangi‘s website.
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MALAYSIA: ‘We need global solidarity to push back on attacks on rights’
As part of our 2019thematic report, we are interviewing civil society activists and leaders about their experiences of backlash from anti-rights groups and their strategies to strengthen progressive narratives and civil society responses. CIVICUS speaks to Thilaga Sulathireh of Justice for Sisters and Seksualiti Merdeka about LGBTQI rights in Malaysia and the ways in which state and non-state forces are working together to deny rights.
Can you tell us about your work and the status of LGBTQI rights in Malaysia?
I work with Justice for Sisters and Seksualiti Merdeka. Justice for Sisters is a network that primarily works for the human rights of trans people in Malaysia, and we provide legal support, do human rights documentation, engage in national policy work and undertake advocacy with the United Nations (UN) to highlight human rights violations. At Seksualiti Merdeka, we recently launched a website, Queer Lapis. We do capacity strengthening and content production. The work we do is very much grounded in feminist, intersectional principles, and from a queer perspective.
The human rights of LGBTQI people are definitely regressing in Malaysia. Malaysia historically inherited section 377 of the Penal Code, which criminalises ‘unnatural’ sexual acts, from British colonial rule. Section 377 has been amended several times, and the last amendment in 2017 resulted in the imposition of mandatory whipping as a punishment for consensual carnal intercourse deemed unnatural. The law is gender-neutral but it is used in political ways. As a result, people see it as a law that applies to gay people. We also have shariah laws in three states of Malaysia, introduced between 1995 and 2013, that penalise same-sex relations and posing as a woman or man. Unlike Section 377, these laws directly criminalise sexual and gender identity. The implementation of these laws varies according to state, but amongst them, the law against posing as a woman is most actively used.
Has the situation for LGBTQI people changed in recent years?
In recent years, arrests and raids made under these laws have decreased, because of a legal challenge that took place between 2010 and 2015. An appeal went through the different stages of courts. We got a negative decision in the High Court and then won in the Court of Appeal, which upheld that the law was unconstitutional, but then the decision was overturned by the Federal Court. But because of the activism around this case, the number of arrests significantly reduced.
At the same time we saw a shift in tactics by the government’s Islamic Department, which has adopted a softer evangelical approach towards LGBTQI people. They saw that heavy prosecutions were giving the department a bad image, so there was a shift towards a softer approach, around promoting the ‘rehabilitation’ of LGBTQI people. There is a narrative that LGBTQI people need help in returning to the ‘right path’.
We saw an increase in state-funded ‘rehabilitation’ activities in this decade, at the same time that Seksualiti Merdeka, which used to organise festivals, was banned in 2011. The government decided it needed to increase its response to this growing LGBTQI movement. This gave rise to more groups that promote and provide ‘rehabilitation’ or ‘conversion therapy’. We have seen more anti-LGBTQI campaigns in universities and on social media. We have seen more concerted efforts overseen by the Ministry of Religious Affairs, which sits under the Prime Minister’s office, and which launched a five-year action to plan to address the ‘social ills’ caused by LGBTQI behaviour. This brought together most ministries.
As well as the use of various laws and increased state funding for anti-LGBTQI activities, we have seen a heavy-handed response to the freedoms of association and assembly of LGBTQI people. For example, when LGBTQI people have taken part in women’s marches, their organisations have been investigated.
Did anything alter as a result of the May 2018 election, which saw the first change of government in Malaysia’s independent history?
The 2018 election has historic in that it changed the administration, but the government has adopted and continued the same policies. Nothing has changed from the LGBTQI perspective. We still see the same amount of resources going into policies that treat LGBTQI people as a problem.
There is also an ongoing struggle between the new government and the former ruling party that is now in opposition, and this is used to justify the lack of change for LGBTQI people. Right after the election a lesbian couple was arrested in the state of Terengganu, which is an opposition-controlled state. They were charged for sexual relations between women and caned openly in the public court. After this there were also two cases of caning of sex workers.
So there is all this moral policing. Homophobia is real, but there is also a political tussle and mind games being played over who are the guardians of Islam and race. In this crossfire LGBTQI issues and people become politicised.
Who are the main groups attacking LGBTQI rights in Malaysia?
All the groups attacking LGBTQI rights use evangelical language, similar to the right wing in Europe or the USA. They reject the universality of human rights, are nationalistic, oppose pluralism and diversity in many ways, prioritise a particular race or religion and support ‘conversion therapy’. Some of the state-funded activities towards LGBTQI people are carried out by these groups.
There are celebrity preachers who post social media videos encouraging people to troll LGBTQI people and those who post LGBTQI-related content. There are also individuals who make homophobic comments and conservative student groups who organise against LGBTQI people. But they are less physically aggressive than those in Europe and the USA. They are often careful not to insult LGBTQI people out of fear of giving Islam a bad name.
There are also ethno-nationalist groups, with the purpose of protecting Muslims and ethnic Malays, that also engage in anti-LGBTQI activity. These don’t adopt an evangelical approach. They engage more in reporting LGBTQI people to the police, and sometimes physical intimidation and violence. At the last women’s march, we saw some of these groups physically intimidating participants. They also issue statements and have an active social media presence.
Then there are groups that call themselves Islamic non-governmental organisations (NGOs), some of which come together under a coalition of Islamic NGOs that participate in the Universal Periodic Review (UPR) process of the UN Human Rights Council (UNHRC). These include groups that use more rights-oriented language, given that they engage in the UPR process, and particularly use the language of religious rights. They position what they call the ‘rehabilitation’ of LGBTQI people as consistent with these religious rights. They also cite examples such as the case of a bakery in the USA that was taken to court for refusing to provide a cake for a same-sex wedding to support their arguments for religious rights. Some of these are groups of doctors, lawyers and academics, and they make pseudo-scientific and legal arguments against LGBTQI rights. Some of these Islamic NGOs also provide services, and as such are involved in the government’s ‘rehabilitation’ programme.
Within civil society, there is a tension between groups that support the universality of human rights and those that oppose it. Between those that promote pluralism and liberalism and those that oppose these. Between those that support LGBTQI rights and those that talk in terms of ‘rehabilitating’ LGBTQI people.
How do these tensions play out around civil society’s engagement at the international level?
Some of those Islamic NGOs engage in policy spaces. If LGBTQI CSOs attend a government consultation on the UPR, they share the space with these.
The UPR process – and UN processes more generally – offer a key site of contestation between these two camps. The second UPR cycle in 2013 was seen by critics as an attempt by civil society to push for the recognition of LGBTQI rights and destabilise the position of Islam in the Federal Constitution. There was a lot of pushback. And then in the third UPR cycle in 2018, these groups participated in the process and claimed space. Some of the recommendations of this group were included in the report compiled by the UNHRC.
When the Government of Malaysia tried to ratify the International Convention on the Elimination of All Forms of Racial Discrimination and the Rome Statue of the International Criminal Court, there was a lot of pushback from these groups and attempts to mobilise Muslim people against ratification. The government pulled out of ratifying on the grounds that it would affect the position of Islam and could offer an entry point to the recognition of LGBTQI rights.
How do different groups that oppose LGBTQI rights connect and receive support?
After the corruption scandal that led to the ruling party losing the election, ethno-nationalist groups are no longer as closely linked to political parties as they used to be. I suspect now they are mostly self-funded. With Islamic NGOs, I suspect they receive some foreign funding. Some have a presence outside Malaysia as well. There is an umbrella group, ISMA (Malaysian Muslim Solidarity), which apparently has an office in Germany.
We also believe some groups receive state funding for their participation in the government’s anti-LGBTQI programme. When a colleague raised the issue of state-sponsored violence against LGBTQI people at a UPR meeting, this created a lot of protest from Islamic NGOs, including those linked with ISMA, who demanded an apology and retraction. The small organisations that are providing ‘rehabilitation’ services also mobilised in their support, making quite clear the connections between groups receiving state funding to provide services and Islamic NGOs advocating against LGBTQI rights.
How is progressive, rights-oriented civil society trying to respond?
In the last few years LGBTQI groups are also pushing back and being more organised. The coalition of human rights organisations that participated in the UPR process has also tried to engage with Islamic NGOs and tried to increase engagement by pro-human rights Islamic organisations. They had some success in the UPR process in getting some groups to recognise the discrimination LGBTQI people face. Now there are more civil society groups that are countering arguments against universal human rights online, and more actions to communicate human rights messages in popular ways and in different languages. LGBTQI groups are working on communication strategies. We need this because we face overwhelming misinformation about LGBTQI people.
LGBTQI groups recognise that these issues aren’t restricted to Malaysia alone. We see a lot of tension at the UN level and realise these issues are ongoing, with states pushing the adoption of problematic language. For example at the Commission on the Status of Women in 2019, language about sexual orientation and gender identity was dropped because of pushback from conservatives. This is a global issue. Civil society everywhere is dealing with these challenges. So how can we come together and strategise around this? How can we do global activism better?
We need to make sure there is diverse representation in these international forums. We need to have global solidarity to push back on attacks on rights.
Because there’s a religious dimension to this, and because Islamophobia is on the rise, we need also to be careful when talking about these issues not to encourage more Islamophobia. We need to have more conversations about how we address intersectional forms of oppression and also give spaces for Islamic groups to participate in processes that help address Islamophobia. This is something that as civil society we need to be sensitive to.
Civic space in Malaysia is rated as ‘obstructed’ by theCIVICUS Monitor.
Get in touch with Justice for Sisters through itswebsite andFacebook page, orfollow@justice_sisters on Twitter.
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MALTA: ‘People should be able to access abortions locally without the risk of criminalisation or stigmatisation’
CIVICUS speaks about the struggle for abortion rights and the anti-rights backlash in Malta with Break the Taboo Malta.
Break the Taboo Malta is a storytelling platform that documents abortion experiences to highlight the lived reality and address abortion stigma in Malta.
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MEXICO: ‘The Supreme Court’s ruling marks a before and after in the struggle for reproductive justice’
CIVICUS speaks about the recent Supreme Court ruling decriminalising abortion in Mexico with Brenda Rodriguez, communications coordinator of Information Group on Reproductive Choice (GIRE, Grupo de Información en Reproducción Elegida).
GIRE is a feminist and human rights organisation that has been working for almost 30 years so that women and other people with the capacity to bear children can exercise their reproductive rights.
What is the current state of abortion rights in Mexico?
In recent years, Mexico has made rapid progress in making abortion a guaranteed health service for all women and people with the capacity to bear children. Currently, 12 states have partly decriminalised voluntary abortion, but another 20 still consider it a crime.
Even in states where abortion has been decriminalised access to the procedure for all women and pregnant people is not guaranteed. Barriers to access are a constant.
So there is still a long way to go. Among the many pending issues is the need to stop considering abortion a crime and, instead, to include it in health and public policy regulations to ensure information is provided and guidelines are published guaranteeing comprehensive, safe and quality care.
Why is the recent Supreme Court ruling important?
The ruling issued by the Supreme Court on 6 September was a landmark achievement. This ruling decriminalised abortion at the federal level, forcing the Congress of the Union to repeal the articles of the Federal Penal Code that criminalise abortion. As a result, institutions that are part of the federal health system, such as the Mexican Institute of Social Security and the Institute of Security and Social Services for State Workers, will have to provide this service throughout Mexico to anyone requesting it.
This will have a major impact because these institutions serve the majority of the Mexican population, and a trend long observed by GIRE is that these institutions deny service under the argument that abortion is a crime under the Federal Criminal Code, the legislation that applies to the health personnel serving in them.
The Congress’s obligation to repeal the crime of abortion at the federal level will become effective once it receives formal notification from the Court, and must be implemented in the course of that same session.
Do you see this court ruling as a victory of the Mexican women’s movement?
The recent Court ruling marks a before and after in the struggle for reproductive justice, and it would not have been possible without the tireless commitment of feminist movements at local, national, regional and global levels, of which GIRE is a part.
The cultural change driven by the feminist movement throughout the Latin American region has been key to advances in pro-choice regulation and social decriminalisation and access to abortion as a health service.
GIRE has worked for the right to choose for over 30 years, during which time it has worked hand in hand with decision-makers, the media, public opinion and many organisations and collectives. The road travelled has resulted in a strong network on all fronts that has socially decriminalised abortion on the basis of the recognition of reproductive autonomy as a right.
Our work has been comprehensive. We have produced reports on the state of abortion rights in Mexico and made specific recommendations to ensure that access is guaranteed as a health service. We have carried out public policy advocacy and supported cases challenging human rights violations caused by the denial of the right to abortion. Our communications work has also been key, helping us place the issue of abortion on the public agenda, contributing to its social decriminalisation.
The strategy to repeal the crime of abortion at the federal level kicked off two years ago. In September 2021, in response to an action of unconstitutionality against the penal code of the state of Coahuila, the Federal Supreme Court unanimously declared that the absolute criminalisation of consensual abortion is unconstitutional. In September 2022, based on this precedent and as part of a legal strategy to eliminate the crime of self-procured and consensual abortion from all criminal codes, GIRE filed an appeal for legal protection against the Federal Congress and executive for having issued a regulation that criminalised consensual abortion.
It was in response to this amparo appeal – a writ for protection of rights – that the Court reiterated that the absolute criminalisation of abortion violates the human rights of women and pregnant people.
Have you experienced an anti-rights reaction?
There are conservative reactions and resistances all the time, but unlike what used to happen until a few years ago, these are no longer so up-front. The most important barrier we face today is the absence of service guarantees, as in some states where voluntary abortion has been partly decriminalised those who would have to provide it continue to put up obstacles. Conservative resistance is even more intense in the 20 state congresses that have yet not reformed their penal codes, but we are confident this will change.
Although there are never guarantees that backsliding won’t occur, we currently have the advantage of a very pro-choice public opinion.
What measures need to be taken to ensure effective access to abortion throughout Mexico?
From a human rights perspective, it is necessary to guarantee access to quality health services, including abortion procedures. For this to become a reality, abortion should no longer be included in criminal codes and should instead only be subject to health and public policy regulations that ensure that information is provided and guidelines published that ensure comprehensive, safe and quality care. GIRE will continue to work to ensure that the crime of abortion disappears from all of Mexico’s state penal codes and access to the service is guaranteed in practice for all people throughout Mexico.
Is the Mexican process part of a broader regional trend?
The green tide that rose in Argentina in 2018 permeated the entire region with a force never seen before. Latin American streets have been filled with green scarves – a symbol of autonomy and freedom – and pro-choice slogans. GIRE is a prominent member of this Latin American movement, establishing alliances, creating strategies and new narratives, and sharing knowledge with organisations working throughout the region to make abortion rights a reality.
This inspiration will continue to guide us. Our movement is unstoppable. In Mexico, the green tide and its libertarian impulse is materialising in the demand, put forward in coordination with other groups and movements, for reproductive rights to cease to be considered an issue that only concerns women and child-bearing people and to be incorporated into the political agenda as a key element of equality.
Civic space in Mexico is rated ‘repressed’ by theCIVICUS Monitor.
Get in touch with GIRE through itswebsite orFacebook page, and follow@gire_mx on Twitter.
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NORTH KOREA: ‘Many women escape to experience the freedoms they are denied’
CIVICUS speaks with Kyeong Min Shin, researcher with Korea Future, about the situation in North Korea and the challenges faced by North Korean women in exile in South Korea.Korea Future is a civil society organisation that investigates human rights violations in North Korea and works with governments, national commissions, parliamentary bodies, civil society, diaspora groups and legal experts and organisations across the world to hold those most responsible accountable for their crimes.
What proportion of North Korean exiles are women, and what specific challenges do they face due to their gender?
Of the 33,834 North Koreans who have escaped the Democratic People’s Republic of Korea (North Korea), most of whom have found refuge in the Republic of Korea (South Korea), 72 per cent are women and girls, and around 60 per cent are women in their 20s and 30s.
South Korea is a liberal democracy. However, women continue to experience structural, direct and indirect discrimination across the political, economic and social spheres. For North Korean women exiled in South Korea, these challenges are magnified. Our research has found that 43 per cent of exiled North Korean women had experienced identity-based discrimination, grounded in historical prejudices, in addition to gender-based and indirect forms of discrimination. This has led to the social, economic and political marginalisation of exiled North Korean women in the diaspora and wider South Korean society.
What kind of conditions are these women escaping from, and how do they manage to escape?
In North Korea, the ruling Workers’ Party of Korea implements policies and oversees practices that are openly hostile to women. Legislation designed to protect women is inadequate and unenforced. Acts of sexual and gender-based violence are perpetrated against women of every class, age and status. The persistence of economic violence targeted at women forces many to adopt perilous activities, which in turn leads to further and more severe human rights violations, including human trafficking, forced marriage, forced abortions and other forms of sexual and gender-based violence.
While individual motives to escape North Korea differ, I would highlight two distinct patterns. First, many women have told me they escaped to experience the freedoms they were denied in North Korea, to reunite with family members in South Korea who had previously escaped their homeland, and to be able to earn a living and feed their families. Second, we found that many women are forced to enter China through economic necessity. There, many fall victim to human trafficking and are sold into either prostitution or forced marriages in rural areas. While escape is difficult owing to China’s policy of returning refugees, some are successful and travel through China and southeast Asia before finding sanctuary in South Korea.
How are they received in South Korea, and what challenges do they face?
Upon their entry into South Korea, North Korean exiles often receive South Korean citizenship and are not considered refugees. However, exiled North Koreans who have settled in South Korea face unique forms of identity-based discrimination, grounded in historical prejudices about North Korea as dangerous and communist and North Korean exiles as disloyal, idle, unthankful or ill-mannered. According to our survey, 43 per cent of respondents have experienced at least one form of identity-based discrimination since arriving in South Korea. Across the diaspora, 18 per cent of North Korean women and men experienced discrimination in South Korea in 2020.
North Korea maintains clandestine agents in many countries, including South Korea. If the presence of exiles in South Korea is established by these agents, remaining family members in North Korea can be subject to extortion and punishment under the principle of ‘guilt by association’. There have also been cases where exiles in South Korea have been coerced by North Korean state agents to return to North Korea, although this is less common.
How is your organisation working to respond?
Korea Future is a non-profit, non-governmental organisation investigating human rights violations in North Korea in support of justice and accountability. We were founded in London in 2017 and expanded from a long-running civil society and diaspora collective that had documented human rights violations and provided assistance to North Korean refugees who were exiled in Europe. Today, we are a diverse team of professionals with over 30 years of combined experience working on North Korea with offices in Seoul, London and The Hague.
We primarily undertake detailed in-person interviews with North Korean survivors, perpetrators and witnesses of human rights violations and advocate for justice and accountability. We also source internal documents and photographic and video evidence from inside North Korea as part of our ongoing investigations. More recently, we used digital modelling to recreate the internal architecture of a North Korean detention centre. This was the first time anyone had been able to see inside a North Korean penal facility.
Much of our information is stored in the North Korean Prison Database, a growing and comprehensive archive of international human rights law violations and atrocities that have transpired in the North Korean penal system. The database is freely available to legal practitioners, policymakers, researchers, civil society organisations, journalists and more.
We also engage in capacity strengthening of exiled North Korean women to increase their involvement in and leadership of human rights investigations, documentation and organisations. I recently completed a two-year project with exiled women, exploring how the human rights movement, particularly grant-makers, can deploy their resources to better support the active participation and leadership of exiled women and exiled women-led organisations.
How should the South Korean government engage with North Korea? And what should the international community do?
We encourage and support all states and the wider international community to work toward justice and accountability solutions for North Korea. It is well established that crimes against humanity are ongoing in North Korea, and this should inform how states approach the situation. Human rights cannot be divorced from other diplomatic initiatives or approaches to North Korea’s nuclear proliferation. The reality today is that there are no international mechanisms to investigate North Korea, nor are there any ongoing international or domestic court cases. It is too easy to assume that a problem like North Korea is too difficult to solve. A solution has to start somewhere, and failing a referral of North Korea to the International Criminal Court or the formation of an international tribunal, we encourage the examination of other approaches, such as investigation under the principle of universal jurisdiction and targeted human rights sanctions. While North Korea is probably the largest crime base in modern history, it should be seen as remarkable that it remains the least documented and understood as well.
Civic space in North Korea is rated ‘closed’ by theCIVICUS Monitor.
Get in touch with Korea Future through itswebsite and follow@KFuturexhr on Twitter.
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PERU: ‘The ultra-conservative tide is affecting democratic life and fundamental rights’
As part of our 2019 thematic report, we are interviewing civil society activists and leaders about their experiences of backlash from anti-rights groups and their strategies to strengthen progressive narratives and civil society responses. CIVICUS speaks toEliana Cano, founder of Católicas por el Derecho a Decidir – Peru (Catholics for the Right to Decide – CDD-Peru), a Catholic and feminist movement committed to the pursuit of social justice and the change of cultural patterns that limit women's autonomy and their sexual and reproductive rights. CCD-Peru has recently been sued by the Tomás Moro Legal Centre, which wants to strip it of its legal status on the basis that, within the framework of an agreement between the Vatican State and Peru, it should not be using the term ‘Catholics’.
CDD-Peru is being sued to have its legal personality withdrawn and prevented from calling itself 'Catholic'. Who is suing you, what do they have against you, and what are they trying to achieve?
About a month and a half ago we were notified that the Santo Tomás Moro Legal Centre, which is a self-appointed representative of the Catholic Church, had brought a lawsuit against us. According to the lawyers who are advising us, this group began to look into the work done by our organisation about a year ago. They decided to sue us in the civil courts because they want to make this a long, tedious, tiring process, one of permanent appeal. The whole thing can take up to three or four years. Basically, their strategy is to drain us of energy in the process.
They want us to cease to exist as a registered organisation, recognised by the National Superintendency of Public Registries. In other words, they want us to lose our legal status and not be able to continue operating in Peru. They argue that, by calling ourselves what we do, we are disrespecting the Catholic Church and its parishioners. They say that, in light of the existing agreement between the Vatican State and Peru – which recognises the role of the Catholic Church – we are using the term 'Catholic', which represents an institution and a historical identity, in bad faith. They do not accept the interpretation we make of biblical texts on the basis of feminist theology in order to question dogma, imposed conscience and control of people in the name of God. It is important to note that our organisation is not registered with the Catholic Church as a faith group, and therefore is not subject to the internal mandate of the Church.
You have been around for a few years. Is this the first time you have faced such reaction?
Indeed, the project of Catholics for the Right to Decide is quite old in Latin America. It began in Uruguay and then spread to the USA, and from there it passed on to Mexico and other countries of Latin America. In Peru the organisation has had a legal existence since 2009. We organised ourselves because we identify as feminists with a Catholic identity. We see ourselves as Catholic women of faith, but we have a critical view of dogma, of static and closed thought, especially where issues related to sexual and reproductive rights are concerned, as body and sexuality are a terrain where political battles are fought. In Peru there has always been a very homogenous public voice around the Gospels and the right to command over the bodies and lives of women, and we, by questioning this from the position of our Catholic identity, have received a rather aggressive response by the hierarchy of the local Catholic Church and groups linked to it.
The first public attack happened on the occasion of the debate around the definition of a protocol for therapeutic abortion: abortion that is justified for medical reasons, when there are serious risks to the woman’s health or life. It was an attack tinged with the same resources these groups always use, based on defamation, vilification and lies. But in this case attacks basically took the form of verbal and written attacks on social media.
Conservative groups know how to manage social media and constantly attack us publicly for everything we do that deviates from dogma or homogeneous discourse. However, this is the first time we have faced a lawsuit, and we were not expecting an attack so direct and of such magnitude. Maybe we should have foreseen it, since in Latin America, and in Peru specifically, ultra-conservative groups have penetrated deeply into the political structure of the country and are affecting democratic life.
It would seem that these ultra-conservative groups are now larger and more emboldened than they used to be. Why is that?
When looking back you realise that for several decades a global and regional response has developed to discourage and weaken the liberation theology discourse, which put the emphasis mostly on poverty. With a questioning discourse within the Church that extended to other areas of life, liberation theology made the most hardcore conservative elements of the Church very uncomfortable. The reaction against it has been sustained. It has made a lot of progress, to the point that today a highly organic network has become visible, which has bases in various Latin American countries and its own publications, conferences and considerable economic resources. Its presence began to make itself felt strongly in 2005, when the Center for Family Promotion and Regulation of Birth (Ceprofarena) organised the Second International Pro-Life Congress in the capital, Lima. This congress produced a document known as the Lima Declaration, an expression of the agreement reached by conservative groups.
Ceprofarena has existed since the early eighties. It maintains close links to Human Life International, a powerful international conservative organisation, and among its members are renowned physicians and senior state officials, including former health ministers. The organisation acts within numerous medical and health organisations, both public and private. These actors put conservative ‘scientific’ discourse at the service of abuses such as the denial of emergency oral contraception, an issue on which they successfully took on the Ministry of Health. They sued the Ministry, bringing to court the right to information and choice of thousands of women, and succeeded in achieving the prohibition of the distribution of emergency contraception by all health services nationwide. Now they are campaigning to dismantle the therapeutic abortion protocol established during the 2011 to2016 period.
The network of conservative organisations in Peru also includes the Office for Latin America of the Population Research Institute, based in Lima; the Peruvian headquarters of the Latin American Alliance for the Family, which promotes classic family formats and produces and disseminates school books; of course older organisations such as Opus Dei, which does local development and support work and is deeply embedded in educational spaces, as well as within the bureaucracy of the Church; and the Sodalicio de la Vida Cristiana, an organisation of lay people.
These groups have a lot of money that comes from the conservative business sector and have appropriated effective strategies and discourses. This lawsuit is a practical strategy that denotes a change in their way of organising. They no longer speak the language of the divine and the clerical because they know that it attracts fewer and fewer people; instead they have appropriated the discourse of democracy and human rights.
Are you thinking of new strategies to face this growing challenge?
In the present scenario we view ourselves as in need of strengthening our communication strategies. We also need to strengthen our resourcing, since we do not have funds to face a lawsuit of this magnitude. International funders do not necessarily provide support that can be used to develop institutional defence plans. But at present, this is a profound need of human rights organisations. In our case, fortunately the Legal Defence Institute, which had already taken on similar cases affecting journalists, became interested and decided to sponsor the case as part of its institutional priorities. They consider that this is an "ideological fight" and that questioning our name is a "pretext" to make us disappear as influential actors. Theirs has been a gesture that we are infinitely thankful for.
As far as discourse is concerned, however, we should not move from our positions, but rather show that the appropriation of the discourse of human rights and democracy by ultra-conservative groups is as superficial as disrespectful of democratic principles. As happened recently with the ‘Do not mess with my children’ campaign – against education about gender equality and respect for sexual identities – their discourse tends to become very aggressive every time they feel cornered. They seem to be desperate, because deep down they do nothing but react in the face of newly acquired rights.
And the situation has indeed progressed, because this is not just us – new generations are mobilised and lots of people who are respectful of freedom and diversity and who uphold guarantees for rights are gaining ground. It is not just three or four old-time feminist organisations that are active in Lima; there are also the voices and faces of young people organised in universities, people in communities in various regions of Peru who think critically, do not accept dogmas, even react in a sarcastic tone to that type of discourse and perspective.
Of course there is always a Catholic youth following that responds to the Pope and has decided to stay within the ultra-conservative field, but there is also youth social mobilisation around many issues, and with their help many aspects of the sexual and reproductive rights agenda are permeating the public debate. I think this is causing ultra-conservative groups to despair, and that is why they are reacting with such anger, frustration and, I would even dare say, hate. That is, they react with attitudes that are nowhere close to mercy, kindness, humility, understanding and non-judgement.
Why does the fact that you define yourselves as both Catholics and feminists cause this type of reaction?
We are women of faith and religion is part of our identity. We have been raised Catholic, and in that context the message that was instilled in us was one of obedience, prohibition and oppression. As we grew up, we rebelled against this and other aspects related to the control of our lives and their sexual dimension. We identify ourselves as Catholic on the basis of a renewed interpretation, but we do not renounce our faith. We are aware that Catholicism is not only a matter of faith, but it also operates within or materialises in an institution, and as such it includes both positive and negative practices that have an impact on the lives of many people, and specifically on its members.
At the same time, we all come from organisations with a feminist identity. We are feminists and we question patriarchy as a system of asymmetric power relations, but we do not renounce our faith. We always ask ourselves these questions: why should our religion have to have one single voice, uniform and unquestionable? Why obey in silence and validate sacrifice and suffering in our own lives and bodies? We find a foothold in feminist theology, which offers a deconstruction and reconstruction of the Gospel. These conceptual and political tools strengthen our conviction and our public struggle for sexual and reproductive rights.
High Church officials tell us: ‘you are not Catholic, who are you to speak in the name of Catholicism?’ We respond: ‘what makes you a Catholic, what allows you to trample rights in the name of God?’ We have claimed ownership of the language of the Gospel that focuses on the right of people to deliberate in conscience, to discern and to decide, and this bothers them. I am a Catholic, I was baptised and I am guided by feminist theology. You cannot question my faith, just as I cannot question yours. This is a very hard fight, because it is easy to fall in the face of a mass telling you that you are not one of them. From the beginning we knew that we would face disqualification, defamation and lies; we did not, however, think that the attacks would become as violent as those we are currently experiencing on social media, as well as in the form of a lawsuit.
Given that the experience of faith cannot be taken away from us, what they are trying to do is take away our legal status, make us disappear. We represent a danger because we are not just a few. In fact, more and more people are increasingly getting to know us and identify with us. We represent the position of many people who do not necessarily have the opportunity to articulate this strand of thought publicly, but who feel it and live by it. There is a wide and diverse congregation that does not think the same way as the Church hierarchy and considers that the ultra-conservative response to public policy is more suitable to Inquisition times than today. According to polls, most Catholics disagree with the Church hierarchy on many important issues, such as homosexuality, which they do not consider to be an illness or a divine punishment, or same-sex marriage. Choosing an abortion in specific life circumstances is a highly ethical and responsible decision, and it does not make you a bad woman, a lesser Catholic, or a bad mother. Using contraceptives to regulate motherhood and fatherhood or enjoying a sexual relationship without procreating is not prohibited by the Gospels. The state of virginity is losing its divine quality and this is freeing women from feelings of guilt, even in societies such as Latin America’s, where governments and the Catholic Church have always worked in concert to regulate people’s lives. Still today they support one another every time one of them loses credibility.
How else are you trying to encourage a distinction between private faith and public policy?
Ours is also a struggle for a secular state, a state that is separated from all churches. This is very difficult to achieve in practice, since the Catholic Church and the Peruvian state maintain strong institutional ties. However, short of achieving constitutional and legal separation between Church and state, there is another fight to be had in the sphere of collective attitudes. Many people – politicians, public officials, civil servants – reach the public sphere without giving a thought to the importance of separating religious beliefs from public function. As a result, many lawmakers and public officials make decisions based on their religious beliefs. It is very common to find crucifixes, chapels and religious images in ministry buildings. In our everyday lives religion surrounds us and limits us; there are no clear boundaries between religious practice and public functions.
Ultra-conservative groups set themselves on this ground and seek to further expand the dictates of a religion that presents itself as homogeneous, with the intention of forcing all citizens to live according to their own beliefs and mandates. The problem is not religion in itself; the difficulty lies with the political use of religion within the political-public sphere, where there is a duty to guarantee human rights.
Civic space in Peru is rated as ‘obstructed’ by theCIVICUS Monitor.
Get in touch with Católicas por el Derecho a Decidir-Perú through their webpage and Facebook
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Poland: A Year On, Abortion Ruling Harms Women
Anniversary Marks Ongoing Assault on Women’s Rights, Rule of Law
Women, girls, and all pregnant people have faced extreme barriers to accessing legal abortions in the year since a Constitutional Tribunal ruling virtually banned legal abortion in Poland, 14 human rights organizations said today. Since the ruling, women human rights defenders have also faced an increasingly hostile and dangerous environment.
Poland’s authorities should end efforts to undermine reproductive rights and weaken protections from gender-based violence. They should commit to protecting women human rights defenders who have faced ongoing threats and attacks since the October 2020 decision. Escalating death threats since October 9 against Marta Lempart, co-founder of Ognopolski Strajk Kobiet (All-Poland Women’s Strike) and a target of repeated threats for leading demonstrations supporting legal abortion and women’s rights, led to her police protection during public appearances.
“The Constitutional Tribunal ruling is causing incalculable harm to women and girls – especially those who are poor, live in rural areas, or are marginalized,” said Urszula Grycuk, international advocacy coordinator at the Federation for Women and Family Planning (Federa) in Poland. “The dignity, freedom and health of pregnant people are compromised because their own government is denying them access to essential reproductive health care.”
The organizations are Abortion Support Network, Amnesty International, the Center for Reproductive Rights, CIVICUS, Federa, FOKUS, Human Rights Watch, International Campaign for Women’s Right to Safe Abortion, International Federation for Human Rights (FIDH), International Planned Parenthood Federation-European Network, MSI Reproductive Choices, Le Planning Familial, Riksförbundet för sexuell upplysning/The Swedish Association for Sexual and Reproductive Rights, and Strajk Kobiet/Women’s Strike.
Poland’s Constitutional Tribunal, whose independence and legitimacy is profoundly eroded, is widely acknowledged as politically compromised. On October 22, 2020, it ruled that abortion on grounds of “severe and irreversible fetal defect or incurable illness that threatens the fetus’ life” was unconstitutional. The government brought the case to the tribunal after parliament failed to adopt legislation with the same effect. The ruling came into force on January 27, 2021.
This eliminated one of the few legal grounds for abortion under Poland’s highly restrictive law. Previously, over 90 percent of the approximately 1,000 legal abortions annually in Poland were on these grounds. The ruling came as Covid-19 pandemic restrictions made travel for health care prohibitively difficult and costly. The ruling spurred the country’s largest public protests in decades, led by women human rights defenders.
Activists and women’s rights groups reported that the ruling had a significant chilling effect as people seeking abortions and medical professionals feared repercussions. Abortion Without Borders, which aids women in European countries where abortion is illegal or access is highly restricted, reported that 17,000 women in Poland contacted them in the six months after the ruling for help accessing abortion, and that they continue to receive about 800 calls a month.
Federa, a Polish reproductive health and rights organization, reported conducting approximately 8,100 consultations in the 11 months after the ruling, 3 times as many as during the same period in previous years. This included calls to its helpline and over 5,000 emails concerning access to abortion and other sexual and reproductive health services.
Since the Law and Justice party came to power in 2015, Poland’s government has repeatedly moved to further curb sexual and reproductive health and rights, including by supporting a 2016 draft bill for a total abortion ban that parliament rejected following mass public protest. The government also supported a draft bill, introduced by an ultra-conservative group, to essentially criminalize comprehensive sexuality education. The bill has been in committee since April 2020. These bills are “civic initiatives,” which require public signatures to be considered.
In September 2021, the same group introduced a new civic initiative “Stop Abortion” bill to parliament. It would consider abortion at any stage a homicide and would bring criminal penalties against women who have abortions, and anyone who assists them, with punishment of up to 25 years in prison. The bill is backed by Ordo Iuris Institute for Legal Culture, an ultra-conservative, anti-choice, and anti-lesbian, gay, bisexual, transgender, and intersex (LGBTI) group.
Women’s rights organizations and parliament members of the opposition Lewica party are collecting signatures for a civic initiative bill, “Legal Abortion Without Compromise,” which would permit abortion without restriction as to reason up to the twelfth week of pregnancy. It would permit abortion after 12 weeks in cases of risk to the person’s mental or physical health, a non-viable pregnancy, or pregnancy resulting from rape or incest.
Evidence consistently demonstrates that laws restricting or criminalizing abortion do not eliminate it, but rather drive people to seek abortion through means that may put their mental and physical health at risk and diminish their autonomy and dignity. The United Nations Human Rights Committee has said that as part of the obligation to protect the right to life of pregnant people, states should not apply criminal sanctions against anyone undergoing abortion or medical service providers assisting them.
In July, the European Court of Human Rights (ECtHR) announced that it will address complaints from Polish women who may be victims of violations of the European Convention on Human Rights and Fundamental Freedoms due to the Constitutional Tribunal’s abortion ruling. Poland’s government has failed to effectively implement previous ECtHR judgments concerning access to lawful abortion despite repeated calls and a March judgmentby the Committee of Ministers of the Council of Europe.
The Law and Justice government has also targeted women’s rights organizations and activists. Activists said that government rhetoric and media campaigns smearing them and their work foster misinformation and hate that can put their safety at risk. Several women’s rights defenders were detained or face what they describe as politically motivated criminal charges for actions during protests following the Constitutional Tribunal’s abortion ruling. Activists received multiple bomb and death threats in February and March for their support of reproductive rights but said that, in many cases, police minimized the security risks and either did not open investigations or failed to pursue them effectively. No one has been held accountable for these threats. Police launched investigations and arrested one man in connection with online death threats to Lempart ahead of her planned appearance at a protest on October 11, and are now providing her protection at public events.
The government has undermined efforts to combat gender-based violence, including by initiating Poland’s withdrawal from a landmark European convention on violence against women, the Istanbul Convention. The government referred the convention to the politically compromised Constitutional Tribunal for review due to its definition of “gender.” Campaigns against gender equality have been used to target women’s and lesbian, gay, bisexual, transgender, and intersex rights and those who support them.
“Extreme restrictions on abortion are part of a broader assault by Poland’s government on human rights, including women’s rights and LGBTI rights, and the rule of law,” said Marta Lempart, co-founder of Strajk Kobiet. “It should alarm all Europeans that this is happening in their own backyard, even as European governments claim to be leaders on women’s rights and democratic values.”
The anti-abortion ruling’s anniversary comes amid increasing tensions between Poland’s government and the European Union after an October 7 Constitutional Tribunal ruling rejecting the binding nature of EU law. It followed a series of EU Court of Justice rulings that the Polish government’s weakening of judicial independence breaches EU law. The European Commission said it “will not hesitate to make use of its powers” under EU treaties to ensure application of EU law and protect people’s rights.
Poland’s government should reverse restrictions on reproductive rights and ensure that these rights are upheld in accordance with international law, including the right to access safe abortion. It should cease attacks on women’s rights and women human rights defenders and end moves to undermine the rule of law, democracy, and human rights.
The European Commission and EU member states should urgently address rule of law breaches and their impact on women’s human rights, including reproductive rights, in Poland. The European Commission should trigger legal infringement proceedings for Polish authorities’ use of a politically compromised Constitutional Tribunal to erode the rights of people in Poland and undermine democratic checks and balances, in blatant violation of the EU Treaties.
The Commission and EU member states should act to protect and support women’s rights defenders and organizations in Poland. Member states should actively support people in Poland seeking access to abortion.
The Commission should urgently implement the mechanism tying access to EU funds to respect for EU values and continue its commitment to tie EU Recovery Funds to rule of law guarantees. EU member states should advance and expand scrutiny under Article 7.1 of the Treaty on European Union (TEU) by adopting specific recommendations or voting to determine that there is a clear risk of a serious breach of EU values in Poland, as has been called foralso by European Parliament.
“Despite fear and repercussions, people in Poland are fighting every day to protect rights that everyone in the EU should be able to exercise freely, including access to safe abortion,” said Hillary Margolis, senior women’s rights researcher at Human Rights Watch. “Women’s rights are on a precipice in Poland, and unless the European Commission and Council act to defend democratic values, more and more women and girls will suffer the consequences.”
For more Human Rights Watch reporting on Poland, please visit:
https://www.hrw.org/europe/central-asia/polandFor more information, please contact:
For Human Rights Watch, in London, Hillary Margolis (English): +1-917-385-4107 (US mobile) or +44 (0)7733-486-524 (UK mobile); or . Twitter: @hillarymargo
For Human Rights Watch, in Brussels, Philippe Dam: (French, English): +32-495-45-22-71 (mobile); or . Twitter: @philippe_dam
For Human Rights Watch, in Budapest, Lydia Gall (English, Swedish, Hungarian): +36-702-748-328 (mobile); or . Twitter: @LydsG
For Abortion Support Network (part of Abortion Without Borders), in London, Mara Clarke (English): +44 (0) 7913-353-530; or
For Amnesty International, Alison Abrahams: +32-483-680-812 or +44-20-7413-5566; or ; or . Twitter: @amnestypress
For the Center for Reproductive Rights, in New York, Geraldine Henrich-Koenis (English): +1-703-314-1137; or . Twitter: @ReproRights
For CIVICUS,in Johannesburg, Aarti Narsee: ; or . Twitter @ajnarsee
For FIDH, in Brussels, Elena Crespi (English, French, Italian, Spanish): +32-484-875-964. Twitter: @ecrespi_fidh
For FIDH, in Paris: Marc de Boni (French, English): +33-6-722-842-94. Twitter: @MarcdeBoni
For Federa, in Warsaw, Urszula Grycuk (Polish, English): .
For International Planned Parenthood Federation European Network,in Brussels, Irene Donadio (English, Italian): +32-491-071-93-90; or . Twitter: @ippfen
For the Polish Women’s Strike, in Warsaw, Anna Styrańczak: +48-881-718-904; or .Civic space in Poland is rated as narrowed by the CIVICUS Monitor
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SIERRA LEONE: ‘We are dealing with a relentless campaign by anti-rights groups’
CIVICUS speaks about the struggle for sexual and reproductive health rights in Sierra Leone with Nicky Spencer-Coker, head of advocacy and movement building of Purposeful Sierra Leone.
Purposeful is a feminist hub for girls’ activism, rooted in Africa and working all around the world. The organisation has played an active role in promoting the Safe Motherhood and Reproductive Health Bill in Sierra Leone.
What is the Safe Motherhood and Reproductive Health Bill?
The Safe Motherhood and Reproductive Health Bill is currently being drafted following the president’s announcement that his government unanimously backs an initiative to promote risk-free motherhood, made during the 10th Africa Conference on Sexual Health and Rights held in Freetown, Sierra Leone, in early July. But the message that came out on the media was that Sierra Leone had legalised abortion, which was actually not the case.
Following its announcement, the government has hired national and international consultants to take part in the process. Further, a working group that includes activists, practitioners and government officials is working alongside the Ministry of Health.
The expectation is that the bill will have reached parliament by the time the new parliament opens in October. Sierra Leone will have elections next year and we do not want this to carry over into the election period because we could face problems with members of parliament wanting to protect their seats by not engaging with an initiative that could be viewed as controversial, as it should include access to sexual and reproductive health services. We hope the bill will be submitted to parliament by October and it will pass this year.
In 2015 parliament passed the Safe Abortion Act, which was supposed to allow women and girls access to safe abortions. But the former president blocked the bill, possibly due to both lack of political will and pressure from anti-rights and religious groups.
It is worrying that the same issues that led the former president to not sign the Safe Abortion Act continue to be raised by certain segments of society in the context of the Safe Motherhood and Reproductive Health Bill. We hope this time around it will be different because our president has signalled that he and his cabinet are willing to challenge abortion stigma in the context of health services for girls and women.
In addition, our government has signed international instruments such as the Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa, which requires states to provide people with access to adequate and affordable health services. This puts pressure on the government to respect and promote the right of women to health, including sexual and reproductive health. We remain hopeful that these commitments will be fulfilled.
How has civil society in general, and your organisation in particular, advocated for abortion rights?
Women’s rights groups and activists for sexual and reproductive health rights have been fighting for the abolition of colonial-era abortion laws for years, with the movement growing stronger in 2014 and 2015 when the Safe Abortion Act was being advanced. Most of these organisations and activists collaborate under the umbrella of the People’s Alliance for Reproductive Health Advocacy, a coalition that advocates for sexual and reproductive rights through engagement, dialogue and partnership with key stakeholders.
As well as being part of the coalition, Purposeful also operates as an independent organisation that carries out our own advocacy work in communities. We are an African-led feminist hub for girls’ activism, and we want to make sure Sierra Leonean girls inherit a world where they can live safely and have choices. High on our agenda are sexual and reproductive rights, but we work on a wide platform including the provision of comprehensive sexual education, accurate information on reproductive health choices and life skills.
A strategy that has proven particularly successful for the Coalition has been to engage directly with various groups of stakeholders. We have tried to stay in constant dialogue with organisations and people who vehemently oppose women’s sexual and reproductive rights. Telling human stories that show how women and young girls are affected by the lack of access to reproductive health services has helped bring awareness of the severity of the issues we face.
Over the years, the Coalition has been fortunate to work with medical professionals and the Ministry of Health to shift the narrative on the safe termination of pregnancy and safe motherhood in Sierra Leone, a country with a very high rate of teenage pregnancy and maternal mortality. A significant number of these deaths are caused by lack of access to safe abortion and reproductive health choices.
Have you faced anti-rights backlash?
In 2015, when the Safe Abortion Act was being discussed, there were several confrontations between anti-rights groups and civil society activists, and I was nearly assaulted when attending a parliamentary session. For the drafting of the current bill we are not seeing the same level of aggression, but we are dealing with a relentless campaign by some anti-rights and religious groups that are going on radio and television to denounce a bill that does not even yet exist.
We don’t find the backlash surprising and we know that the position of certain groups won’t ever change. But it’s the government’s responsibility to look to the greater good and ensure the health and wellbeing of women and girls.
Besides, we have seen a positive response from the public. I think this is the result of civil society’s focus on sharing information and creating awareness. We also appreciate international attention, as it will provide incentives for the government to stay true to its words.
What are the next steps, and what kind of international support would Sierra Leonean civil society need?
There is a joint drive by the Ministries of Education and Health to ensure the success of the initiative that is pushing the government to provide comprehensive sexual education in schools. Our country has extremely high rates of teenage pregnancy, which we hope to reduce through education. While legalising abortion is important, many other issues regarding accessible and affordable health services for women and girls must also be addressed, and healthcare professionals must be adequately trained to provide those services.
We need international civil society to keep these issues on the agenda. In Africa we have noticed that when you stop insisting on something, governments automatically think the issue is off the table and there’s no need for them to do anything about it. It’s our job to continue to remind our government that it has signed certain instruments that make it imperative for it to recognise the reproductive rights of women and girls. We also need to have a cross-border conversation with other African countries that have more progressive reproductive health rights legislation.
Civic space in Sierra Leone is rated ‘obstructed’ by theCIVICUS Monitor.
Get in touch with Purposeful through itswebsite orFacebook andInstagram pages, and follow@Purposeful_org on Twitter. -
SPAIN: ‘The main challenge is to consolidate legally recognised rights and prevent backsliding’
CIVICUS speaks with Carmen Miquel Acosta, gender lawyer at Amnesty International Spain, about the recently passed Organic Law on the Guarantee of Sexual Freedom, known as the ‘Only Yes is Yes Law’, and the role of civil society in advancing women’s rights.
What was civil society’s role in the process leading to the approval of the ‘Only Yes is Yes Law’?
The ‘Only Yes is Yes Law’ is a clear example of the joint work done by the women’s movement, and particularly the feminist movement, present in all spheres, including civil society and government, to respond to a situation.
One of its triggers was the ‘La manada’ (‘The herd’) case, a case of gang rape that happened in Pamplona in 2016. The judicial response to that case was a perfect example of patriarchal justice, or rather injustice. It exhibited the way in which stereotypes operate and the principle of not believing the victim.
In 2018 the court decided that what had happened had not been rape but just ‘sexual abuse’, and sentenced the five members of the ‘herd’ to nine years in prison for that crime. Outrage at the verdict triggered huge protests and the women’s movement grew in numbers. Many young women who were getting acquainted with feminism mobilised for the first time.
It was also at that time that Amnesty published a report highlighting the lack of specific public policies on sexual violence, the lack of data and the absence of a legal framework to address this violation of fundamental human rights. We have called for a law to address the issue ever since.
Participation in the legislative process was massive and civil society provided a great deal of input, as a result of which the draft was improved.
The process took quite a long time, not only because it enabled participation, but also because in Spain the process of developing organic laws that deal with fundamental rights requires mandatory reports from the General Council of the Judiciary and the Council of State. All these reports informed the draft law and allowed for a more rigorous treatment of the issue.
What were feminist organisations’ main issues of concern during the development of the law?
The first issue was the lack of a diagnosis. This was an issue that concerned Amnesty because we see a tendency to deal with problems without a prior diagnosis and to skip an evaluation of the effectiveness of the public policies adopted.
With this law the government sought, among other things, to implement the Council of Europe Convention on preventing and combating violence against women and domestic violence, known as the Istanbul Convention, which requires Spain to adopt public policies of prevention. This requires a diagnosis and systematic data.
Another important issue was that of the judiciary. Spain received a judgment from the United Nations Committee on the Elimination of Discrimination against Women for a case of stereotyping by a female judge. In this process, a central discussion was how to deal with the use of stereotypes by the judiciary, what training should be given to judges and to what extent it should be compulsory, without being seen as interference in the independence of the judiciary.
Another issue that was also of concern to us, but which was not included in the law, was that of the use of sexual violence as torture. In Spain sexual violence has been used this way in places of detention, especially against foreigners. The law does not go so far as to establish a crime of torture, which is not subject to a statute of limitations and entails a different type of investigation as it is a crime under international law.
Another issue that in our opinion was not adequately addressed is that of foreign women in an irregular migratory situation. Although the Istanbul Convention establishes that it is not necessary to file a complaint in order to access gender-based violence services, in cases where women file a complaint, if for whatever reason no conviction ensues, their expulsion files can be reopened.
Finally, there were some issues, such as sex work, that generated debates within feminist circles that remain unresolved. Amnesty’s position is that sex workers have human rights and the criminalisation of sex work not only does not help them, but exposes them to stigmatisation. Unfortunately, sex workers’ collectives were not consulted in the process.
What difficulties will the implementation of the law face?
This is a very ambitious law, the implementation of which requires a lot of resources. It will have to be implemented across the whole territory of Spain, which includes 17 autonomous communities, each with its own jurisdiction on social services and justice, among other areas involved in the implementation of the law. All this raises the question of how the text of the law will be translated into effective reality.
What are the next challenges for women’s rights?
The main challenge is to consolidate legally recognised rights and prevent backsliding. At the moment a reform of abortion legislation is on the table to remove barriers to access this right, and it is going to be a controversial issue in the parliamentary debate.
Opinion is very polarised and there is a prevailing narrative that demonises the other, something that is very apparent in the use of the ‘gender ideology’ label. Freedom of expression enriches democracy and must be protected, especially when things are said that we do not like. But attacks on human rights defenders and hate speech, both of which are on the increase, are an entirely different thing.
In relation to women’s rights we are seeing setbacks in nearby countries such as Hungary and Poland. Rights gains that we had come to take for granted are not being consolidated or are experiencing setbacks. Hence the importance of increasing human rights awareness and citizen participation. In the midst of this ideological battle, the democratisation of the language of rights is now more urgent than ever.
Civic space in Spain is rated ‘narrowed’ by theCIVICUS Monitor.
Get in touch with Amnesty International Spain through itswebsite orFacebook page, and follow@amnistiaespana on Twitter.
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TANZANIA: ‘The new administration is committed to ending discriminatory policies that undermine girls’ rights’
CIVICUS speaks with Prudence Mutiso, Legal Adviser at the Center for Reproductive Rights-Africa about the Tanzanian government’s policy on pregnant and married girls in schools.
Founded in 1992, the Center for Reproductive Rights is a global human rights organisation of lawyers and advocates seeking to ensure the protection of reproductive rights as basic human rights fundamental to the dignity, equality, health and wellbeing of every person.
The Center works across five continents and has played a critical role in securing legal victories on reproductive rights issues, including access to life-saving obstetrics care, contraception, maternal health and safe abortion services, as well as the prevention of forced sterilisation and child marriage, in national courts, United Nations’ committees and regional human rights bodies.
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USA: ‘Extremist politicians have been hellbent on stigmatising and banning abortion for decades’
CIVICUS speaks with Caroline Duble, Political Director of Avow – Unapologetic Abortion Advocacy, about the current backlash against women’s rights in the USA, and in Texas in particular, as well as the activist responses. Avow is a civil society organisation that works to secure unrestricted abortion access for every Texan, following the vision of a society in which every person is trusted, thriving and free to pursue the life they want.
How did we get to the point where abortion has been almost completely banned in Texas?
For people just now hearing about this cruel ban, which prohibits abortions as early as six weeks into pregnancy, it can be hard to believe that something so extreme could ever be passed into law. But as Texans who have been long fighting for abortion access, we know that extremist politicians have been hellbent on stigmatising and banning abortion for decades. This is clear if you look at the full timeline of medically unnecessary restrictions on abortion procedures that were passed in Texas since the 1973 Supreme Court ruling on Roe v. Wade, which determined that the Constitution of the United States protects a pregnant woman’s freedom to choose to have an abortion without excessive government interference. They have been relentless, deceitful and cruel in their attempts to push care out of the reach of Texans who need it.
How is this different from previous, less successful attempts to ban abortion in other states?
Unlike bans in other states, which are enforced by state officials, this bill – known as Senate Bill 8, or SB8 – gives the public unprecedented authority to enforce the ban. It allows anyone – including anti-abortion activists who have no connection to the patient – to act as vigilante bounty hunters and to take to court doctors, health centres and anyone who helps another person access abortion, with the incentive that they will collect US$10,000 for each abortion. In other words, Texas is trying to evade judicial scrutiny and accountability in the courts by encouraging private citizens to do the dirty work for them. But SB8’s legal manoeuvring does not change the fact that banning abortion at six weeks is unconstitutional, and even more importantly, it is unjust and wrong.
What have been the immediate consequences of the ban, and how are people protesting?
SB8 is working as intended. Since the law went into effect on 1 September, it has decimated our already vulnerable care infrastructure and has left Texans who need access to care and support services scared to reach out for help, and advocates afraid to help them. Under this law, Texans are being denied the abortions they want and need. Many people are trying to scrape together thousands of dollars to travel out of state, take time off work and arrange childcare and transportation.
Many Texans are self-managing their abortions, which can be extremely safe but only if the pregnant person has access to information and resources. And tragically, countless Texans are being forced to carry pregnancies against their will. Of course, this is falling hardest on Black, Latinx and Indigenous people, undocumented people and low-income Texans, who are facing the most severe barriers to accessing care out of state and disproportionate harm from this law.
People are protesting by funding abortion. Texas abortion funds have collectively raised well over US$3 million since 1 September, and those funds will largely be used to get people out of state. People are also literally protesting! Check out #BansOffOurBodies to see protest footage from around the country, and particularly the marches for reproductive rights that took place on 2 October. And of course, people are learning about self-managed abortion, because abortion bans don’t curve the need for abortions.
What tactics is Avow using in its work to prevent regression and expand sexual and reproductive rights?
Avow will continue to fight unapologetically for unrestricted abortion access for all Texans, for any reason. Abortion is essential healthcare, and it should be readily accessible to anyone in our state who needs or wants one. We’re leading this movement and changing the culture with an unapologetic abortion-forward mindset, through community-building, education and political advocacy.
We work to portray abortion in a positive light because abortion is safe, common and normal, although you wouldn’t know that because abortion stigma keeps people from sharing their stories. We are committed to changing the conversation about abortion to reflect that reality. For too long, anti-abortion extremists have dictated how we’re allowed to talk about abortion; by spreading lies and medical inaccuracies they have controlled the narrative so much that even abortion rights supporters don’t feel comfortable saying the word and prefer to use euphemisms such as ‘women’s rights’, ‘reproductive health’ and ‘choice’. This has allowed stigma to permeate abortion care and ultimately shame people who have had abortions, and feeds into a narrative about ‘good’ and ‘bad’ abortions. But we refuse to judge a person’s reason for getting an abortion, and instead support them once they have made their decision.
Looking ahead to the 2022 midterm elections, Avow is preparing to hold anti-abortion legislators accountable through digital ads, on the ground organising and voter mobilisation. We are also pushing the federal government to do more to protect abortion rights by passing the Women’s Health Protection Act, which seeks to establish a statutory right for healthcare providers to provide abortion care, and a corresponding right for their patients to receive that care, free from medically unnecessary restriction. We are also calling on them to repeal the racist Hyde Amendment, a 1980 legislative provision barring the use of federal funds to pay for abortion. We will also continue our work to bust abortion stigma by helping people talk about abortion openly and what access means to them.
What are the prospects of the ban being overturned?
It is deeply concerning that the Supreme Court did not block this law before even having a hearing. For nearly 50 years the Supreme Court has affirmed that the Constitution guarantees the right to an abortion, but in Texas we are now living under a different reality. Many people assume the Supreme Court is an objective legal body, but justices are appointed by presidents, and presidents have political agendas. The Supreme Court’s refusal to block SB8 from going into effect is simply more evidence of what we’ve known for years: the courts will not save us. It is necessary to pass federal legislation to secure unrestricted abortion access and funding for everyone in this country.
With that being said, we are grateful that the Department of Justice (DOJ) is taking legal action to fight SB8. The DOJ is requesting a temporary restraining order and preliminary injunction in a federal court based in Austin, capital of Texas. If granted, this restraining order would stop the State of Texas, including private parties who would bring suits under the law, from implementing or enforcing SB8. This is a necessary first step in what we expect will be a long court battle to stop this law. A restraining order should absolutely be granted because the law is clearly unconstitutional and because Texans need access to abortion care while the law makes its way through the court system.
What kind of support do abortion rights groups in the USA need from their peers around the world?
The best thing that folks outside of Texas can do for us is support us by contributing to Texas abortion funds and political advocacy organisations, and by uplifting our message. Also, look more closely at how abortion bans and stigma impact on your own community. Instead of boycotting Texas businesses, pass local ordinances that provide practical support funding for people in your region seeking abortions.
Civic space in USA is rated ‘obstructed’ by theCIVICUS Monitor.
Get in touch with Avow through itswebsite,Facebook orInstagram page, and follow@avowtexas and@CarolineDuble on Twitter. -
WOMEN’S RIGHTS: ‘Anti-rights groups are trying to take away our acquired rights’
As part of our 2019 thematic report, we are interviewing civil society activists and leaders about their experiences of backlash from anti-rights groups and their strategies to strengthen progressive narratives and civil society responses. CIVICUS speaks toTeresa Fernández Paredes, a lawyer specialising in International Public Law and one of Women's Link’s Managing Attorneys. With offices in Colombia, Kenya and Spain, Women's Link defends and promotes women's rights and seeks to create structural change through strategic litigation.
What does Women's Link do, and what are its main areas of work?
Women's Link is an international organisation that uses the law - most of us are lawyers - to promote structural social changes that advance the rights of women and girls, and especially of those in the most vulnerable positions, such as migrant women or women who find the exercise of their rights restricted due to their ethnicity, age or socioeconomic status, among other factors.
We work from our headquarters in Madrid, Spain and have offices in Bogotá, Colombia and Nairobi, Kenya. We apply a gender and an intersectional analysis to the law in order to expand and improve the rights of women and girls. We work in some areas, such as sexual and reproductive rights, where we collide head-on with anti-rights groups. We also focus on human trafficking, and especially on the trafficking of women for sexual exploitation or domestic servitude and the violations of their rights suffered by women in migration or transitional justice contexts. We also focus on discrimination, as a cross-cutting issue. We use several strategies: in addition to strategic litigation, we conduct judicial training and produce publications, among other things.
What are currently your main areas of work in Latin America?
One of our main lines of work in Latin America is access to sexual and reproductive rights, broadly understood. In the context of the ongoing Venezuelan migration crisis, we are working on the link between migration and lack of access to these rights. We examine issues such as the effects of irregular migration status on the enjoyment of these rights, and the situation of border areas as spaces that are not ruled by law.
Working in Venezuela has been a great challenge, given the country’s current situation. What we do, here and in all cases, is apply international legal standards to the local context. But it is important to bear in mind that generally speaking, law - and not just domestic legislation, but also international human rights law - is very centred on men. Over the years, norms and regulations have been developed around the image of the white man as a universal subject.
Our approach to the law is to stretch it to accommodate the experiences of women, because within the human rights framework, women's issues are often left aside. In the context of Venezuela, we work a lot with the inter-American human rights system. For example, we recently requested a precautionary measure for a maternity clinic where many mothers and children had died. The Inter-American Commission on Human Rights issued the precautionary measure, but in the current context it would seem difficult to implement it. However, it serves the purpose of drawing attention to the specific situation of women and girls. And all this work also helps encourage understanding why women leave Venezuela: what drives them, as women, to migrate; and what needs they have when they are in transit and when they arrive at their destination.
In addition to working in Venezuela, several of our projects focus on ensuring that women’s lived experiences and voices are heard in the context of the peace process in Colombia. We do this mainly from our office in Bogotá, and always jointly with community organisations, so as to try to make heard the voices of people at the margins who are not reached by decision-makers.
Over the past years anti-rights groups have been on the rise, in Latin America and beyond. Have you faced backlash from these groups in the course of your work?
The context in which we work is strongly marked by the rise of anti-rights groups that say they are mobilising against what they call ‘gender ideology’. But this is not a new phenomenon: anti-rights groups have been busy building connections and expanding since the 1990s. They have a lot of money and there is one thing they do better than groups on the left: they are very effective in creating connections and coalitions among themselves; even when they work on different issues they are able to find common ground. For instance, all of them have coordinated to place the gender ideology theme on the table and raise it everywhere, as a result of which something that was not even a concept ended up as a global issue. They have managed to position this on the agenda, which is more difficult to do for groups located on the left, where there is more discussion around the issues and it is more difficult to coordinate and speak with one voice. That is why we still do not have a unique and conclusive response to the attacks we face in the name of gender ideology.
Anti-rights groups are trying to take away our acquired rights. And they are doing it by using the same discourse that has been successfully used by human rights groups. They talk about human rights and they position themselves as victims. They even depict feminists as diabolical agents, giving feminism more power than you would think it has. Due to the fact that Women's Link is based in three regions, we can clearly see that the same strategies are being used in different places. These groups are using coordinated strategies, they have lots of money and they enjoy global support. As they use the language of human rights, they have increasing legal representation, and they have begun to occupy spaces in strategic forums, where decisions are made, including the United Nations and the Organization of American States.
How can progressive civil society act to curb these advances?
Faced with these attacks it is important to act quickly through the law. We must continue working to strengthen the human rights framework and shield rights against these attacks. We must design not just defensive strategies, but also proactive strategies to expand the human rights framework, or at least to take away some of the spaces in which anti-rights groups move.
There are still unresolved discussions we need to work on, such as the tension between the freedom of expression and hate speech. Paradoxically, in order to spread their message anti-rights groups are leaning on one of the left’s favourite themes, the freedom of expression.
However, if we want to create lasting social change we cannot remain in the realm of the law and the courts. What we need are cases that cause people to mobilise, generate public debate and produce real social change. In that sense I see positive developments, like the #MeToo movement and the so-called Green Tide in Argentina. That is, we are seeing two opposing processes: on the one hand, anti-rights groups are growing; on the other, strong mobilisation around these issues is happening from the ground up and with a strong youth component. Such was the case with the Green Tide, which created unprecedented mobilisation while a proposal to legalise abortion was being discussed in the Argentine Congress. No doubt the two processes are very likely connected, and one is a consequence of the other.
These social movements are good reason for hope. In the face of attempts to cut back on acquired rights, there is a very active movement that says, look, this is an acquired right, you cannot take it away anymore. There is no going back: looking forward, you can only expand the rights framework, but you cannot diminish it.
In addition to attacks from anti-rights groups, what other challenges do civil society promoting women’s rights face?
For grassroots organisations, lack of resources can be a great limitation. And in contexts of great urgency, such as those of massive movements of people, we are presented with the challenge of how to coordinate our work with that of grassroots organisations.
Women's Link is dedicated to identifying structural situations where women's rights are violated and to designing legal strategies to generate structural, transformative change. Meanwhile, grassroots organisations - for example, those in border areas between Colombia and Venezuela - are increasingly taking on, in conditions of urgency, functions that should be performed by the state. In these contexts, most of the response is coming from civil society organisations.
These grassroots organisations are responding to a very serious situation, and the needs of the women they work with are very urgent, and yet all we can do at Women's Link is support them through strategic litigation, which usually takes a long time.
Difficulties of working with scarce resources aside, it is vital to build relationships, connect and coordinate, because the potential contribution that Women's Link has to offer would be useless if it weren’t for the work that is being done by grassroots organisations and for the voices and support of women themselves.
Get in touch with Women’s Link through itswebsite andFacebook page, or follow@womenslink on Twitter.
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WOMEN’S RIGHTS: ‘Progressive civil society must claim for itself the defence of life’
As part of our 2019thematic report, we are interviewing civil society activists, leaders and experts about their experiences of backlash from anti-rights groups and their strategies to strengthen progressive narratives and civil society responses. CIVICUS speaks to María Angélica Peñas Defago, gender specialist, professor and researcher of Argentina’s National Research Council (CONICET) based at the National University of Córdoba, and co-author of the recentGlobal Philanthropy Project report, ‘Religious Conservatism on the Global Stage: Threats and Challenges for LGBTI Rights'.
Do you think anti-rights groups have increased their activity in recent times?
We should start by defining what we mean by ‘recent times’, how far back we need to go, and what specific context we are talking about, because for instance in Latin America the situation varies from country to country. In the case of Argentina, we have seen over time – and not only over the past year, when a bill allowing for the voluntary termination of pregnancies was being discussed in Congress – reactions against the progress achieved in claiming rights by women and LGBTQI people. While it is true that, in recent years, anti-rights groups have become more visible and coordinated, largely in response to advances achieved in the area of sexual and reproductive rights, they have been present for decades, always coercing our agendas. In Argentina, they have been actively litigating against any attempt to enact public policy on sexual and reproductive health or even remotely linked to these rights for at least 20 years. In the province of Córdoba, where I live, these efforts have been very successful in the lower courts, although rulings favourable to these groups were eventually overturned in the higher courts.
With regard to street actions, strong reactions by these groups were already recorded in the past, including demonstrations throughout the country, for instance against equal marriage, which was approved in Argentina in 2010. The same groups marched once again against the legalisation of abortion in 2018. There has also been a renewed backlash against sex education in schools, a longstanding battle. Sex education was implemented through a 2006 law that is still being resisted. During the abortion debate, anti-rights groups pretended to promote sex education as an alternative to abortion, but after the bill on the voluntary termination of pregnancy was voted down by the Senate, they restarted their attacks against sex education.
A reorganisation of the conservative camp is currently underway, and I think it is as a result of this that these groups have recently gained more visibility. Although new actors have indeed emerged within civil society, the central phenomenon in the current socio-political context is the reassertion that is taking place in the political and the economic spheres. This can be seen, for example, in the alliances reached in Colombia around the 2016 referendum on the peace process, as well as in Brazil, embodied in the 2018 election of President Jair Bolsonaro.
During the campaign leading to the referendum in Colombia, the forces that rejected the agreement claimed that if ‘yes’ won, so-called 'gender ideology' would be imposed. In Brazil, fake news claiming that the Workers’ Party promoted paedophilia and would try to ‘convert’ children into homosexuals or transsexuals mushroomed during the election campaign.
In other ways, the phenomenon is also seen in Argentina, where all the main actors opposed to the progressive agenda, and specifically to the sexual and reproductive rights agenda, have tended to converge.
Do you think that these are purely reactive groups, whose raison d'être is to curb the progress of the progressive agenda?
As far as I can tell, that is indeed the case. I have monitored congresses of so-called ‘pro-life’ groups and analysed the actions they have undertaken in regional and global spaces, and particularly in the Organization of American States and the United Nations, and it is readily apparent that they are losing ground regarding family formats and the assignment of sexual roles, and they are aware of it. These groups are reacting to what they perceive as a setback. Their reaction is being coordinated not only around the thematic agenda of sexual and reproductive rights, but also around a wider nationalist, neoliberal – and, in some cases, fascist – political and economic agenda.
The Bolsonaro phenomenon is a good example of a reaction to a pluralistic agenda around sexual morality and sexual and reproductive rights. The advances of this pluralist agenda acted as a binding agent for a broader conservative political agenda. Within the framework of the reaction against progress achieved in sexual and reproductive rights, other actors are taking advantage to impose their own conservative agendas, for example around migration issues. There are some new actors at play, especially those joining from other fields – political, economic, religious – but many of the actors that are gaining greater visibility are the same as always, the difference being that they are now unifying agendas that used to run in parallel and in less coordinated ways.
What tactics have these groups used to advance their agenda?
Litigation against sexual and reproductive rights has been an important tool for more than three decades. In Argentina, these groups have litigated, among other things, against the administration of emergency contraception and to stop the implementation of protocols for non-punishable abortions. In Argentina, abortion has been legal since 1921 for cases of rape, unviability of the foetus, or danger to the woman’s life or health; however, these groups have tried to prevent timely and secure access to this right.
For the part of civil society that works in the area of women's rights, these groups have always been there. But litigation is sometimes a quite silent affair and has possibly remained unnoticed by the wider civil society. Often, it all remained within the realm of the administration of justice and health services. This however did not prevent this strategy from having very strong effects, because judicial decisions regarding sexual and reproductive health tend to produce fears, doubts and paralysis among health providers, which are key agents for guaranteeing actual access to these rights.
The presence of anti-rights groups is not news for feminist and LGBTQI groups, but it may very well be so for other sectors of civil society, including human rights organisations, which in recent times have seen them acting more intensely through the occupation of street space and the creation of partisan political alliances, the two key arenas for political struggle in contemporary democracies. These groups are trying to appropriate public space, showcasing themselves as the majority, and in this way they are gaining public visibility. In this area, one of their most successful strategies has involved the use of coordinated messages and symbols. The ‘Don’t mess with my children’ campaign, for example, has used the same phrases and slogans, and even the same symbols and colours, not only throughout Latin America, but also well beyond. We have seen it in Eastern Europe, in Italy, in Spain. These groups are intensively using social media so that their strategies and symbols travel, are shared and ultimately reach us repeatedly from various latitudes.
If anti-rights positions have gained more visibility, it is because the actors that promote them, mostly faith-based, have gained a prominence in the public space that they did not have 20 years ago. Evangelical churches, like the Catholic Church, are plural and heterogeneous. But in much of Latin America, the political processes of resistance to sexual and reproductive rights have been led by very conservative evangelical churches, sometimes in alliance with the higher ranks of the Catholic Church, and in other cases dissenting or even opposing them.
Unlike litigation, the strategy of occupying public space requires support in large numbers. Do you think these groups are gaining in popularity?
The socio-political phenomenon fuelled by these groups is significant. It is not simply about campaigns and slogans; they are deeply embedded at the grassroots level. To understand what is happening in the religious arena and in terms of resistance against progress in sexual and reproductive rights, it is necessary to take into account the socio-economic context and the way that these churches are operating at the grassroots, in strong connection with the populations that they mobilise.
In Argentina, a very politically mobilised society, street mobilisation has been widely used by these groups, so it is nothing new. What is new is the massive character of their mobilisations. These groups were already mobilising 30 years ago, or maybe even earlier, but there was no social media back then. The modes of communication and mobilisation have changed at the same time as the religious field has in the face of advances in sexual and reproductive rights. Evangelical churches have grown throughout the region, and within them, conservative sectors have grown the most.
I think that to understand the phenomenon it is also key to understand the neoliberal context and its general effects that undermine living conditions. In the socio-political context of neoliberalism, as the state has withdrawn from its basic functions, many religious groups have gone on to perform tasks and provide services that should be provided by the state. In some places, such as in the USA, the Catholic Church has been long in charge of providing services to some groups, such as migrants, that are not tended to by the state. In Latin America, the role of evangelical churches, for instance in the area of aid and treatment for addictions, is really impressive. Evangelical sectors are growing exponentially because they are assisting communities that are being forgotten by the state. Evangelical pastors play central roles in communities, are active in providing social assistance, dealing with addictions and providing health and education services, and are also key in mobilising people – partly because many of them are also members of these communities. They live in the same neighbourhoods and maintain close ties with the members of their congregations.
In sum, we are not facing a mere battle of narratives. The discourses that we need to stand up to are rooted in the practices of grassroots communities, and often mobilisations are summoned from the pulpit. Calls from the pulpit are important because to many excluded people the church has become indispensable. In countries that have very high poverty rates, for many people the church is the only place of belonging and protection that remains when both the state and the market have excluded them, and therefore do not have access to work, education, or health services. Beyond the fact that religion remains a central element of many people’s identities, these feelings of belonging and community are not minor issues in contexts of extreme precariousness and individualisation brought about by the economic, political, social and cultural neoliberal model.
What does progressive civil society have to offer in the face of this?
Progressive civil society has a lot to offer, because it focuses on the struggle for and the creation of liveable, rich, plural ways of life, based on solidarity and mutual support. I don't think there is a single recipe, because this work involves very different movements. There are feminist and LGBTQI movements that work from the standpoint of religious pluralism, disputing the idea of the monopoly of faith, and these are very rich spaces of struggle and belonging. Religions, all of them, comprise plural, democratic and horizontal spaces, which many organisations take advantage of in their struggle for meaning. Other organisations have expertise in crafting messages, and that is where they make their contribution. But this battle is not taking place only, or even mainly, on social media, since not everyone has even access to the internet. The dispute over meaning is fundamental both on social media and offline, as can be seen around the ‘pro-life’ label that many anti-rights groups have appropriated. Women’s and LGBTQI groups working at the grassroots level continually reference this label, by asking the question: how much is my life worth if I do not have access to a job, to the recognition of my identity, to the protection of my health – if the kind of life that is being offered to me is not a decent one? Progressive civil society must claim for itself the defence of life, understood as a dignified, fully human life.
To offer this response, progressive civil society needs to ally with others who share its values of pluralism, freedom and equality. The pluralist, inclusive, non-essentialist and decolonial feminist agenda is a good basis on which to form alliances with multiple actors that were not attracted by feminism in the past, in order to take part in the struggle for meaning not only in the rhetorical field, but also in concrete reality. Popular feminism represents a return to the realm of the real, as it focuses on the implications of principles on people’s daily lives. If we talk about abortion, for instance, we must focus on the consequences of the legality or illegality of this practice for the daily reality of pregnant women, families and communities. Religion and faith are an important part of people's lives, and the feminist movement, or at least a good part of it, is now working within this reality.
Get in touch with María Angélica through herFacebook page and check her work onResearchGate.
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WOMEN’S RIGHTS: ‘Violence against women is a global crisis that needs urgent attention’
CIVICUS speaks about civil society’s role in the fight against gender-based violence with Lina AbiRafeh, a feminist activist, women’s rights expert and Senior Advisor for Global Women’s Rights at the Arab Institute for Women at the Lebanese American University, where she served as Executive Director for seven years.
How big a problem is violence against women(VAW)at the global level?
VAW is a muchbigger global problem than we tend to imagine:statistics showone in everythree women and girls will experience violence in their lifetime. The fact so many women and girls are denied the right tolivefreely without facing restrictions and danger makes this a global crisis that needs urgent attention. I personally do not know a woman who has not been affected by some form of this insidious violence. Women have the right to feel free and safe in their own bodies, at home, in the streets and in any public spaces, but unfortunately that is not–and has never been – theirreality.
VAWis a human rights violation thatis embedded in our culture– andwomenare often silenced when they try to speakup.Women-led organisationsand women’s rights groups and movementsmust be supported because they are the voice of these women and girls who are silenced. They are the voice ofallwomen and girls.
Having worked to endVAW around the worldfor 25 years, I knowthis is a very hard problem to crack. VAW stems from a global context of gender inequality where women and girls are viewed as less than men, as second-class citizens. There is lack of awarenessin our societies and lack of political willamong our leaders.Existing laws don’t enable women to access justice, security, services, orsupport.Nothing works the way itshouldto put an end to this violence.
Women and girls remain unequal across every aspect of their lives – politics, economy, health, education and the law. Women and girls are the majority of the world’s poor.They are the majority of those who are illiterate. But they are a minority, an exception, and treated like an anomaly in every aspect of leadership and decision-making. Wage gaps are wide, and women are too often relegatedto the informal sector. And they continue to bear the burden of unpaid care. In too many countries, womenface discriminatory laws that refuse to recognisethem as equals with men.
How much progress has been achievedso far?
Women and girlsaround the worldstill do not have the opportunity to participate fully inevery aspect ofsocial, economic and political life, despite their right to do so.Wehave made progress, butnot enough.
Although advances have been made in trying to reduceVAW, cases continue, and are often perpetrated with impunity.
In many countries, women are being stripped of theirsexual and reproductive rights, compromising their health and denying theirright to decide about their own bodies and lives. In addition,the problem of girl-child marriagecontinues, and increased as a result of COVID-19, with12 million girlsunder 18 being married offevery year.Forthis and other forms ofVAW, rhetoric doesn’t match reality. There is more talk than action.
Women-led organisationsmustbe involved in policydecisions– and be given full leadership.There is a lot of talk about localisation,but this seems to just be a buzzwordas most women’s rights and feminist organisations aremarginalised andunderfunded.This only sets them up for failure because it limits the scope of their work, keeping the support they offer out of reach for the majority of women and girls. We need to fund these organisations fully, andnot with thetypicalshort-term quick-fix project funding but with long-term, unrestricted, open-ended funding thatcan allow them to function and flourish. Local groupsshoulddictate the agenda, not the donors who are holding the strings.
What work do you do to contribute topositive change?
I am committed to building a better world for women. I am a global women’s rights activist, author and speaker with decades of experience worldwide.
I worked for over 20 years as a humanitarian aid worker in contexts such as Afghanistan, the Central African Republic, Haiti and Papua New Guinea.I now work independently, advising organisations and companies to enhance their engagement with women’s rights and gender equality. I also serve as the Senior Advisor for Global Women’s Rights at theArab Institute for Women at the Lebanese American University, where I was Executive Director until 2022.I am also the founder ofYalla, Feminists!, an online space and open platform dedicated to amplifying women’s voices worldwide.
I was honoured to be able to share my passion and experience in ending VAW on global stages including aTEDx talk, a Women DeliverPowerTalk and akeynote address for Swedish International Development Agency annual meeting, among others.
I’ve written two books:Gender and International Aid in Afghanistan andFreedom on the Frontlines. My next book outlines 50 years of Arab feminism and will be published in early 2023. I will keep using my voice in whatever ways I can to fight for women’s rights and remedy inequalities. That’s why I speak andpublish everywhere I can and I serve on the board of numerous global women’s rights organisations.
What good practicesshould be implemented to prevent VAW?
We need to start believing survivors so that perpetrators can be brought to justice.When women see the law is on their side, more willbe encouragedto speakup. Wealsoneed to make sure that survivorshave access to the full range of services and support, and security systems handle their cases with care.
There is also a need to reform education so that more people are taught aboutVAW, consent, human rights and women’s rights – from a very young age.Education canbring us a step closer to defeating thisscourge. We need men to step up to support women and speak up against perpetrators.And yes, we need data, but not at the expense of action. Anyway, data will always underestimate the reality. And what we know is that no country is immune. This affects women and girls everywhere, in every culture and context and community.
Get in touch with Lina AbiRafeh through herwebsite or herMedium blog, and follow@LinaAbiRafeh on Twitter.
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ZAMBIA: ‘Our aim is to break societal biases against girls’
CIVICUS speaks about the upcoming International Women’s Day and Zambian civil society’s role in advancing women’s and girls’ rights with Pamela Mateyo andMwape Kapepula, co-founders of WingEd Girls.
Founded in 2021, WingEd Girls is a civil society organisation (CSO) focused on distributing sanitary materials and teaching girls in underprivileged communities how to make reusable pads, while educating them on personal and menstrual hygiene and mentoring them through post school career paths and choices.
How has the COVID-19 pandemic impacted on Zambian women and girls?
The restrictions that the pandemic brought, confining people in their homes, greatly contributed to a rise in domestic and gender-based violence (GBV). Compared to 2019, the cases reported in 2020 increased by over 1,000 cases, affecting mostly women and children.
The pandemic also led to many businesses closing. Many of those were informal businesses dedicated to planning events or catering, thrift clothes shops, restaurants and marketplace stalls. Many were owned and run by women. As a result, households led by women were left in a very vulnerable position, often unable to access basic needs.
At the start of the pandemic schools closed, leading to an increase in rape cases of girls staying at home. By the time schools reopened, many girls couldn’t go back because they were either pregnant or getting married, while others simply dropped out. In addition, focus on COVID-19 reduced access by women and girls to basic healthcare, including maternal care, HIV treatment and sexual and reproductive health care.
How have civil society in general, and WingEd Girls in particular, responded to this situation?
CSOs like World Vision worked in partnership with the government to ensure that while schools were closed children were still engaged in schoolwork, for instance by sponsoring radio and television programmes that taught children basic subjects.
We founded WingEd Girls in the middle of the pandemic to respond to very urgent needs. But this also brought many challenges. The work we do depends on interaction with girls. However, as the number of people that could gather was restricted, it was very hard to reach out to schools and communities. To be able to do our work, we secured bigger spaces and engaged more peer educators to work with smaller groups of girls in breakout group sessions.
The pandemic also made it difficult for us to get the funding we needed to conduct outreach and purchase sanitary materials for distribution. This was partly because prices increased, and also because we had to spend money on additional items, such as sanitisers, masks and handwash soap. Most of our donors also faced financial challenges and couldn’t donate as much as they would like, and this is a challenge we continue to face.
For schools to reopen, a lot of CSOs, church-affiliated organisations such as the Salvation Army and local businesses donated hand sanitisers, masks, handwashing basins and soap. We helped ensure girls had access to basic needs to remain in school.
Civil society also called on the government to lessen restrictions on public interactions so that small businesses could reopen as well.
What are the main women’s rights issues in Zambia and how is civil society tackling them?
Some major women’s and girls’ rights issues in Zambia are GBV, economic inequality and unequal access to quality education.
According to African Impact, only about 31 per cent of girls in Zambia finish primary school, and only eight per cent complete secondary school. This is partly attributed to early marriages and pregnancies, but also to challenges such as lack of access to menstrual hygiene management products and facilities, especially in rural schools.
Low levels of literacy make girls more vulnerable as they grow into women. Most of them don’t understand the rights they have as women, especially those concerning sexual and reproductive health.
This also contributes to a lack of financial independence, which in turn makes women more susceptible to GBV. Limited education means limited access to business opportunities and funding. Many women are not able to draft a business plan, which is required to get a loan. Most lending institutions also require collateral, which most women don’t have, as they typically don’t own property. All this puts them at an economic disadvantage and increases their vulnerability.
There is a cultural trend for women to get just the bare minimum level of education and then become homemakers. Systems are not built to accommodate even the few who may want to take a different path.
Civil society works with government and communities to tackle these issues and bridge these gaps. Many CSOs, including WingEd Girls, support girls in different ways so they stay in school. We have a project to train girls to make reusable pads. The Salvation Army drills boreholes and builds toilets in rural schools. Copper Rose Zambia teaches girls about menstrual hygiene management and sensitises women on GBV and sexual and reproductive health and rights. Other CSOs, such as Africa Leadership Legacy, help women acquire business, financial and leadership skills. These efforts have inspired the government to take further action to support women and girls, and there are now government programmes to empower women, encourage women to establish businesses and provide greater access to education, especially in rural areas.
How can gender equality be achieved in Zambia and what is being done to that effect?
At WingEd Girls we believe that for real change to happen there needs to be an intentional change in direction, especially by the government. There is a need to mainstream gender policies and create awareness among girls and women of their rights.
Some policies to that effect already exist, but institutions seem to lack the motivation to implement them. Other policies are non-existent, and the government must put them in place. Policies around land ownership, access to education, gender-specific healthcare and access to business opportunities and financial assistance should be mainstreamed. Specific budget lines should be established to ensure an equal access to resources. More awareness programmes are needed to help women and girls learn about their rights and ways to access resources or assistance.
As GBV rose, church bodies and CSOs such as Zambia National Women’s Lobby have called on the government to take quick action. The government responded by promising it would establish fast-track courts for GBV cases, put in place policies and legislation to combat GBV and build shelters for GBV victims within communities. They in turn called on civil society to join in efforts to ensure anti-GBV services were made easily available for victims or potential victims.
To keep girls in schools, the government has recently included funding in the national budget to distribute sanitary towels in all schools across the country. But this has not made civil society stop its own work in that regard. WingEd Girls and other CSOs see a potential for partnering with the government and will continue to distribute menstrual hygiene management resources to girls.
To support female-led households, the government has partnered with the World Bank. Through a World Bank-funded project, Girls’ Education and Women’s Empowerment and Livelihood, it will help women access seed money to start businesses and access farm inputs. Lending institutions are also being encouraged to re-evaluate their loan access requirements to accommodate more women.
The International Women’s Day (IWD) theme for 2022 is #BreakTheBias. How have you organised around it in the communities you work with?
For IWD we organised a school outreach in a rural district of Zambia’s Southern Province. We moved it to 11 March because 8 March is a holiday and children will be off school that day. As usual, the event will include menstrual health hygiene talks and career mentorship sessions. We will distribute WingEd kits’,a package containing reusable and disposable pads, underwear, washing soap, and painkillers.
We have partnered with several organisations, including Africa Leadership Legacy, which will conduct talks about leadership and financial skills, and Toy-lab, an organisation led by a group of medical doctors who will talk about menstrual hygiene management. To inspire the girls with business ideas, a local business leader will also come to talk to the girls. Peer educators from Mike’s New Generation Version will also be part of the team.
Our aim is essentially to break the bias that society and communities have against girls, starting with access to education and career choices. In line with Sustainable Development Goal 4, we want to ensure girls have access to quality education despite the various challenges they face, including menstruation. We hope the mentorship we provide will enable them to choose career paths based on their passions and interests.
They shouldn’t have to choose a career because it is deemed suitable or ‘easy’ enough for a girl. What they really need is help to overcome challenges and exposure to information about the variety of career options available to them.
Civic space in Zambia is rated ‘obstructed’ by theCIVICUS Monitor.
Get in touch with WingEd Girls through itsFacebook andInstagram pages.
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