CIVICUS, the global civil society alliance, calls on all parties contesting the upcoming elections to strengthen commitments to respecting and protecting civic freedoms. Despite some promises to review restrictive laws, the three main coalitions contesting have failed to outline clear steps they will take to strengthen human rights and fundamental freedoms, which have come under increasing attack in recent years. 

A coalition of civil society organisations is demanding public development banks (PDBs) to take radical and innovative steps to tackle human rights violations and environmental destruction. No project funded by PDBs should come at the expenses of vulnerable groups, the environment and collective liberties, but should instead embody the voices of communities, democratic values and environmental justice.

The demands, part of a collective statement signed by more than 50 civil society organisations, come as over 450 PDBs gather in Abidjan, Ivory Coast, from October 19th, for a third international summit, dubbed Finance in Common.

The COVID-19 pandemic and climate emergency, coupled with human rights violations and increasing risks for activists worldwide, is bringing the need to change current practices into even sharper focus. While public development banks may drag their feet on addressing intersecting and structural inequalities, civil society organisations are taking actions aimed at creating dignified livelihoods by embedding development with concrete affirmative measures towards climate, social, gender, and racial justice.

PDBs cannot be reluctant to act. They need to hit the target when it comes to supporting the transformation of economies and financial systems towards sustainability and addressing the most pressing needs of citizens worldwide – from food systems to increasing support for a just transition towards truly sustainable energy sources. PDBs must recognise that public services are the foundation of fair and just societies, rather than encouraging their privatisation and keep austerity narratives alive.

9 out of 10 people live in countries where civic freedoms are severely restricted, and with an environmental activist killed every two days on average over the past decade, development banks have an obligation to recognize and incorporate human rights in their plans and actions, following a “do not harm” duty.

Communities cannot be left out of the door. They need to be given the space to play the rightful role of driving forces in the answers to today’s global challenges, without them PDBs will move backwards rather than forward – and this means more environmental degradation, less democratic participation, and to put it bluntly an even greater crisis than the one we are facing today. And nobody needs that.

The recommendations in the collective civil society statement emerge from a three-year process of engagement and exchange, involving civil society networks in an effort to shape PDBs policies and projects. You can find some of their words and messages below.

As the call for accountability grows, the Finance in Common summits are an opportunity for PDBs to show moral leadership and help remedy the lack of long-term collaborations with civil society, communities and indigenous groups, threatening to curtail development narratives and practices.

Quotes

Oluseyi Oyebisi, Executive Director of Nigeria Network of NGOs (NNNGO) the Nigerian national network of 3,700 NGOs said: “The Sahara and Sahel countries especially have been facing the most serious security crisis in their history linked with climate change, social justice and inequalities in the region. Marked by strong economic (lack of opportunities especially for young people), social (limitation of equitable access to basic social services) and climatic vulnerabilities, the region has some of the lowest human development indicators in the world – even before the covid pandemic. Access to affected populations is limited in some localities due to three main factors: the security situation, the poor state of infrastructures and difficult geographic conditions. PDBs must prioritise civil society organisations and Communities initiatives supporting state programs of decentralization, security sector reforms and reconciliation. This will help reduce the vulnerability of populations and prevent violent extremism.”

Mavalow Christelle Kalhoule, Forus Chair and President of Spong, the NGO network of Burkina Faso said: “Development projects shape our world; from the ways we navigate our cities to how rural landscapes are being transformed. Ultimately, they impact the ways we interact with one another, with plants and animals, with other countries and with the food on our plates. The decisions taken by public development banks are therefore existential. Such responsibility comes with an even greater one to include communities directly concerned by development projects, those whose air, water and everyday lives are affected for generations to come. For this to happen, public development banks must reinforce their long-term efforts to create dialogue with civil society organisations, social movements and indigenous communities in order to fortify the democratic principles of their work. We encourage them to listen, to ask and to cooperate in innovative ways so that development stays true to its original definition of progress and positive change; a collective, participative and fair process and a word which has a meaning not for a few, but for all."

Tity Agbahey, Africa Regional Coordinator, Coalition for human rights in development said: "Many in civil society have expressed concerns about Finance in Common as a space run by elites, that fails to be truly inclusive. It is a space where the mainstream top-down approach to development, instead of being challenged, is further reinforced. Once again, the leaders of the public development banks gathered at this Summit will be taking decisions on key issues without listening to those most affected by their projects and the real development experts: local communities, human rights defenders, Indigenous Peoples, feminist groups, civil society. They will speak about “sustainability”, while ignoring the protests against austerity policies and rising debt. They will speak about “human rights”, while ignoring those denouncing human rights violations in the context of their projects. They will speak about “green and just transition”, while continuing to support projects that contribute to climate change."

Comlan Julien AGBESSI, Regional Coordinator of the Network of National NGO Platforms of West Africa (REPAOC), a regional coalition of 15 national civil society platforms said: "Regardless of how they are perceived by the public authorities in the various countries, non-governmental organisations (NGOs) contribute to covering the aspects and spaces not reached or insufficiently reached by national development programmes. Despite the undeniable impact of their actions on the living conditions of populations, NGOs remain the poor cousins of donor funding, apart from the support of certain philanthropic or charitable organisations. In such a context of scarce funding opportunities, aggravated by the health crisis due to COVID-19 and the subsequent economic crisis, Pooled Finance, which is in fact a paradigm shift, appears to be a lifeline for CSOs. This is why REPAOC welcomes the commitments made by both the Public Development Banks and the Multilateral Development Banks to directly support CSO projects and programmes in the same way as they usually do with governments and the private sector. Through the partnership agreements that we hope and pray for between CSOs and banks, the latter can be assured that the actions that will be envisaged for the benefit of rural and urban communities will certainly reach them with the guarantees of accountability that their new CSO partners offer”.

Frank Vanaerschot, Director of Counter Balance, said:

“As one of this year’s organisers of the Finance in Common Summit, the EIB will brag about the billions it invests in development. The truth is the bank will be pushing the EU’s own commercial interests and promoting the use of public money for development in the Global South to guarantee profits for private investors. Reducing inequalities will be second-place at best. The EIB is also co-hosting the summit despite systemic human rights violations in projects it finances from Nepal to Kenya. Instead, the EIB and other public banks should work to empower local communities by investing in the public services needed for human rights to be respected, such as publicly owned and governed healthcare and education - not on putting corporate profits above all else.”

Stephanie Amoako, Senior Policy Associate at Accountability Counsel said: “PDBs must be accountability to the communities impacted by their projects. All PDBs need to have an effective accountability mechanism to address concerns with projects and should commit to preventing and fully remediating any harm to communities”.

Jyotsna Mohan Singh, Regional Coordinator, Asia Development Alliance said: “PDBs should have a normative core; they should start with the rights framework. This means grounding all safeguards into all the various rights frameworks that already exist. There are rights instruments for indigenous people, the elderly, women, youth, and people living with disability. They are part and parcel of a whole host of both global conventions and regional conventions. Their approach should be grounded in those rights, then it will be on a very firm footing.

Asian governments need to support, implement, and apply strict environmental laws and regulations for all PDBs projects. The first step is to disseminate public information and conduct open and effective environmental impact assessments for all these projects, as well as strategic environmental assessments for infrastructure and cross-border projects.”

List of Signatories.

Global civil society alliance, CIVICUS is urging UN Human Rights Council member states to do the right thing by voting in support of a resolution to debate the human rights situation in the Xinjiang Uyghur Autonomous Region (XUAR). The vote is expected to take place this week.

On Indigenous Peoples’ Day, 9 August, global civil society alliance CIVICUS urges the Mexican authorities to immediately and unconditionally release Indigenous land rights campaigner Kenia Hernandez, and to free all Indigenous activists behind bars for their work protecting and promoting human rights.

• #StandAsMyWitness campaign launched two years ago on Nelson Mandela Day
• Campaign has been part of successful global calls to release incarcerated human rights defenders 
• 21 human rights defenders currently featured in the campaign have spent 50 years collectively in prison

In honour of Nelson Mandela Day 18 July, global civil society alliance CIVICUS calls for renewed efforts to help free 21 human rights defenders featured in its #StandAsMyWitness global campaign. Altogether, they have been imprisoned for half a century - and some face many more years behind bars. Activism makes a difference - #StandAsMyWitness has already been part of successful global calls leading to the release of 20 activists across the world.

Launched two years ago on Mandela Day,  #StandAsMyWitness urges governments to free activists in prison or facing pre-trial detention after protecting and promoting human rights. 

“Over 30 years since Nelson Mandela was released from prison and still human rights defenders are wrongfully incarcerated in both authoritarian regimes and democratic states. Their crime? Standing up for the rights of women, children and Indigenous people; fighting for climate justice; advocating for free and fair elections; and promoting democratic freedoms,” said David Kode, Advocacy and Campaigns Lead at CIVICUS.

Human rights defenders in the #StandAsMyWitness campaign include Iranian lawyer Nasrin al-Sotoudeh, sentenced to 38 years on charges that include insulting Iran’s supreme leader; Mexican Kenia Hernandez, facing a decade in prison in retaliation for her work defending Indigenous communities; and Buzurgmehr Yorov, a 50-year old lawyer from Tajikistan, sentenced to 22 years behind bars after defending government opponents.

Mr Mandela, perhaps the most iconic and respected human rights defender, was released after 27 years following global opposition to his incarceration. Similar efforts by civil society and sustained public pressure are needed to secure the freedom of rights defenders currently facing long sentences.

“We urge people across the world to demand the release of brave activists in the #StandAsMyWitness campaign: sign a petition, use our hashtag on social media, or lobby your government. It is scandalous that those fighting for justice and equality have spent even one day in prison, never mind many years,” said Kode. 

Sustained action from different sources can make a difference; since its launch two years ago, #StandAsMyWitness has worked with human rights organisations and civil society to guarantee the release of 20 human rights defenders. 

They include activist Teresita Naul from the Philippines, released in October after many awareness-raising efforts by civil society; Bahraini human rights defender Nabeel Rajab, freed in June last year after nearly five years of civil society campaigning and diplomatic pressure from democratic governments; and women’s rights activist Loujain al-Hathloul from Saudi Arabia, released after 1000 days in 2021 following a prominent global campaign demanding her release.  

South Africa’s iconic former president spent 27 years behind bars before his release. Let’s work together to make sure human rights defenders currently languishing in prison are not forgotten - let’s fight for their freedom together. They are urging you to: Stand As My Witness.

Below is a list of the human rights defenders featured in the #StandAsMyWitness campaign. To find out how to get involved, check out CIVICUS’s campaign webpage: Stand As My Witness.

AFRICA:

• Eswatini: Bacede Mabuza and Mthandeni Dube - MPs who campaigned for democratic reform

ASIA:

• Hong Kong: Chow Hang-Tung - pro-democracy activist, sentenced for organising unauthorised Tiananmen Square Massacre commemoration vigil
• India: Khurram Parvez - Kashmiri rights activist; listed in Time magazine’s 100 ‘Most Influential People 2022’ 

CENTRAL ASIA:

• Belarus: Viasna Human Rights Defenders - members of Viasna human rights centre; jailed for exercising their right to peaceful assembly and freedom of expression
• Tajikistan: Buzurgmehr Yorov - human rights lawyer representing members of the opposition; recipient of Homo Homini human rights prize

LATIN AMERICA:

• Mexico: Kenia Hernandez - Indigenous and women’s rights activist; arrested after protest
• Nicaragua: Maria Esperanza Sanchez Garcia - targeted for her civic activism
• Nicaragua: Medardo Mairena and Pedro Mena - opposition activists initially sentenced to more than 200 years in prison after taking part in anti-government protests

MIDDLE EAST & NORTH AFRICA:

• Algeria: Kamira Nait Sid - Indigenous and women’s rights activist campaigning for the rights of the Amazigh people in Algeria
• Bahrain: Abdul-Hadi al-Khawaja - detained after democracy protests in 2011; recipient of the prestigious Martin Ennals Award 2022 for human rights defenders
• Egypt: Hoda Abdel Moneim - human rights lawyer and former member of Egypt’s National Council for Human Rights
• Iran: Nasrin Sotoudeh - human rights lawyer specialising in the rights of women, children and human rights defenders
• United Arab Emirates: Ahmed Mansoor - on the advisory boards for Human Rights Watch and the Gulf Centre for Human Rights; imprisoned for publishing information on social media

The use of violence to disperse recent protests in Chad and the arrests and detention of members of civil society and the political opposition highlight ongoing attempts by the military junta to stifle civic freedoms and silence criticism of their actions.

CIVICUS and Human Rights Institute of South Africa (HURISA) call on the South African government to urgently denounce the ongoing killings of human rights defenders in the country and act decisively to identify the perpetrators of such heinous acts.

In the lead up to the high-level meeting on ASEAN humanitarian assistance to Myanmar, civil society organisations voiced their grave concerns in a webinar titled ‘Beyond ASEAN’s Five Point Consensus: Humanitarian Assistance in Myanmar’ held last Thursday, 5 May.

Government extends a state of emergency with unprecedented mass arrests and restrictions on civic rights.

Human rights groups CIVICUS: World Alliance for Citizen Participation and the Asia Democracy Network (ADN) are disappointed by the Thai government’s failure to accept recommendations to repeal restrictive laws as recommended by members states of the UN Human Right Council, despite making commitments to civic freedoms. These actions highlight the inconsistent approach of the government to human rights that is undermining its credibility.

Arabic

Tunisia: More than 100 civil society organisations have endorsed a statement calling for an end to restrictions in Tunisia.                                                                  

🇹🇳President Kaïs Saïed has, in the past year, implemented several decisions aimed at consolidating power in the hands of the executive!
🚨Are we witnessing a gradual slide towards authoritarianism in #Tunisia❓
More info at https://t.co/smyRBBd4Af
⏬⏬⏬⏬ pic.twitter.com/F2q3GKvg94

— CIVICUS (@CIVICUSalliance) March 22, 2022

CIVICUS, the global civil society alliance, is appalled by the Pakistani government’s failure to keep its commitments to the Open Government Partnership (OGP), which has led to its removal.

Following the conviction of Narin - a protester who placed a sticker over the Thai King’s portrait under Article 112 (lese majeste) - on Friday, 4 March 2022, the Asian Forum for Human Rights and Development (FORUM-ASIA), CIVICUS: World Alliance for Citizen Participation, and Asia Democracy Network (ADN) said:

The conviction of Narin under Article 112 (lese majeste) for placing a sticker with the logo of a satire page ‘Gukult’ over a portrait of the King during a democracy protest in September 2020 sets a disturbing precedent for civic space in Thailand. This marks the first time a Thai court sentenced an individual to imprisonment under the draconian lese majeste law for such an act during a protest. The verdict demonstrates the government’s intensifying targeting of individuals and allies of the pro-democratic movement.

Narin was found guilty and sentenced to three years, which was reduced to two years after his testimony. The court ruled that Narin had acted to ‘insult’ and ‘defame’ the King under Article 112. Right after reading the decision, Narin was released on 100,000 THB bail.

Thailand, as a State Party to the International Covenant on Civil and Political Rights (ICCPR), must respect and protect fundamental freedoms for all individuals. We reiterate our call to repeal Article 112 and all other laws used to curtail free expression and demand an immediate and unconditional release of all detainees who are being held in prison under this act. 

Civic Space in Thailand is rated as Repressed by the CIVICUS Monitor

Medardo Mairena Sequeira, who appeared in court yesterday to face trumped charges, was found guilty of conspiracy to undermine National integrity.

Human rights organisations CIVICUS, Foundation for Human Rights Initiative (FHRI), Justice Access Point (JAP) and African Institute for Investigative Journalism (AIIJ) call on UN member states to urge the Government of Uganda to protect civic freedoms as its human rights record is examined by the UN Human Rights Council on 27 January 2022 as part of the 40^th session of the Universal Periodic Review (UPR).

International human rights groups raise the alarm about the state of civic rights in Timor-Leste ahead of the country's review at the United Nations Human Rights Council on 27 January 2022.

International human rights groups raise alarm about the state of civic rights in Venezuela ahead of the country's review at the United Nations Human Rights Council on 25 January, 2022.

CIVICUS, the Latin American and Caribbean Network for Democracy (REDLAD) and Espacio Público call on UN member states to urge the government of Venezuela to protect civic freedoms as its human rights record is examined by the UN Human Rights Council on 25 January 2022 as part of the 40th session of the Universal Periodic Review (UPR).

The last time the country’s rights record was reviewed was in November 2016, when UN member states made a total of 274 recommendations, 40 of which related to civic freedoms. Venezuela subsequently accepted 23 recommendations and committed to taking concrete measures. Among these measures, to “fully guarantee freedom of expression and free access to information and protect journalists against threats and attacks” and to ensure “a proportional use of force by security forces and ensure that cases of torture are investigated and that the perpetrators are brought to justice.”

In a joint submission to the Human Rights Council this UPR cycle, our organisations assessed the implementation of these recommendations and compliance with international human rights law and standards over the last five years. The submission found that since 2016, Venezuela has persistently failed to address unwarranted restrictions on civic space, particularly those related to the rights to the freedoms of peaceful assembly and expression. Of the 40 recommendations received, Venezuela only partially implemented seven and did not implement 33.

We are deeply concerned by the restrictions facing civil society organisations, particularly those working on humanitarian and human rights issues. Judicial persecution and financial restrictions against civil society, rights defenders and journalists have intensified, combined with a stigmatising discourse that seeks to justify attacks against the legitimate exercise of the freedoms of association and expression. We are also alarmed by the continuing systematic suppression of peaceful protests.

The 2017 Anti-Hate Law for Peaceful Coexistence and Tolerance uses vague wording about ‘hate’ offences to give the government ample power to censor dissent and curtail independent media. It has been used to criminalise peaceful protests and prosecute human rights defenders, civil society activists and journalists. Since the law was enacted, at least 42 people have been prosecuted under its provisions, including HRDs, journalists, protesters, healthcare workers and individuals who expressed dissatisfaction on social media.

The operation of civil society organisations is restricted through a repressive regulatory framework and a hostile environment. The 2010 Law for the Defence of Political Sovereignty and National Self-Determination remains in force, bans organisations working on promoting and protecting political rights from receiving foreign funding. In 2020 and 2021, authorities created additional registration and reporting requirements that create bureaucratic hurdles for organisations and restrict their operation. 

Despite commitments to freedoms of expression guaranteed in the Constitution, the government has also continued to use restrictive laws such as criminal defamation provisions under the Penal Code to criminalise criticism of the authorities. Tactics to curtail independent press such as financial strangulation, cancellation of broadcasting licences, equipment confiscation, and censorship are widespread.

‘States must take the opportunity of Venezuela’s human rights review to hold the government to account for violations. The authorities have not only failed to deliver on the human rights commitments it made but has continued to use the judicial system to silence dissent,’ said David Kode, Advocacy & Campaign Lead at CIVICUS

Between 2016 and 2020, Venezuela has experienced waves of mass demonstrations and frequent localised social protests demanding a range of rights. These were invariably met with brutal repression, including widespread and systematic excessive use of force by security agents against protesters. In 2017 alone, at least 120 people were killed and 5,000 detained in the mass protests sparked by a constitutional crisis after the government and the country’s highest court disavowed the National Assembly. In this period, the response to protests was characterised by a pattern of violations that included arbitrary detentions, enforced disappearances and extrajudicial executions.

‘It is time for Venezuela to take action to reverse this environment of violations. The authorities must stop creating a legal framework that suppresses the defence of human rights,’ commented Ángela Rodríguez, Research Assistant at REDLAD.

As highlighted in our joint submission, CIVICUS, REDLAD, and Espacio Público urge states to make recommendations to Venezuela, which, if implemented, would guarantee the freedoms of association, peaceful assembly and expression, and the state’s duty to protect.
Key recommendations that should be made include:

• Cease actions to suspend and close civil society organisations and remove all undue restrictions on their ability to receive international and domestic funding.
• Provide civil society members, HRDs and journalists with a safe and secure environment to carry out their work and ensure that they can carry out their legitimate activities without fear or undue hindrance, obstruction, or legal and administrative harassment.
• Review and amend laws to remove undue restrictions on civil society and the press, including the Law for the Defence of Political Sovereignty and National Self-Determination and Penal Code articles on criminal defamation
• Repeal the Anti-Hate Law and immediately and unconditionally release all those detained under the law for exercising their fundamental rights.
• Reinstate all media outlets that have unwarrantedly been closed and cease practices of confiscating equipment and materials and censoring media.
• Immediately and impartially investigate all instances of extrajudicial killing and excessive force committed by security forces in the context of protests. Provide recourse to judicial review and effective remedy to victims.

The examination of Venezuela will occur during the 40th Session of the UPR. The UPR is a process, in operation since 2008, which examines the human rights records of all 193 UN Member States every four and a half years. The review is an interactive dialogue between the State delegation and members of the Council and addresses a broad range of human rights topics. 11 other countries will also have their rights record reviewed, including Haiti, Syria and Zimbabwe. Following the review, a report and recommendations are prepared, discussed and adopted at the following session of the Human Rights Council (June 2022).

Civic space in Venezuela is rated as ‘repressed’ by the CIVICUS Monitor.

9 out of 10 people live in countries where civic rights are severely restricted.

New #PeoplePower2021 report launched today shows where civil society conditions are improving and getting worse. A closer look at top violations & trends 🔴🟡🟢: https://t.co/HVcGbsUTg1 pic.twitter.com/9j6DGTONUr

— CIVICUS Monitor (@CIVICUSMonitor) December 8, 2021

2021 global data report from the CIVICUS Monitor

• 9 out of 10 people live in countries where civic freedoms are severely restricted 

• Country downgrades include Poland, Singapore, Nicaragua, Jordan and South Africa

• Detention of protesters is the top violation of civic freedoms in 2021

• COVID-19 continues to be used as a pretext to restrict rights across the globe

The fundamental rights to freedom of expression, assembly and association continue to deteriorate year after year worldwide, according to a global report released today by the CIVICUS Monitor, an online research platform that tracks fundamental freedoms in 197 countries and territories. The new report, People Power Under Attack 2021, shows that the number of people living in countries with significant restrictions on civic rights, including the freedoms of expression, association and peaceful assembly, amount to almost 89% of the population this year.

The CIVICUS Monitor data shows that year after year, there is significantly less space for people to exercise fundamental freedoms: only 3.1% of the world’s population lives in countries rated as ‘open’.

Nearly two billion people live in countries with the worst rating, ‘closed’, where the authorities are routinely allowed to imprison, injure and kill people for attempting to exercise their fundamental freedoms. China, Saudi Arabia, Turkmenistan and 21 other countries fall under this category - Nicaragua and Belarus joined their ranks this year. 

It is nearly two years since the start of the COVID-19 pandemic and the virus is having a dire impact on civic freedoms globally, one that will have lasting impact if remedial action is not taken. Our research shows the detention of protesters and the use of restrictive laws to muzzle dissent are becoming more prevalent, as governments use the pandemic to introduce or implement additional restrictions on civic freedoms. 

“Governments across the world are setting a very dangerous precedent by using the health emergency as a smokescreen to crack down on protests and enact or amend legislation that will further limit peoples’ rights. Specifically, disinformation legislation is being enacted and used to criminalise speech, a concerning practice that could become the new norm to crush dissent,” said Marianna Belalba Barreto, Civic Space Cluster Lead. 

This year, 13 countries have been downgraded and only one improved their rating.  The CIVICUS Monitor is particularly concerned about civic space restrictions in Europe, where four countries dropped a rating: Belarus, Belgium, Czech Republic, and Poland. Europe has the greatest number of ‘open’ countries, but year after year we continue to see signs of serious deterioration.

Also alarming is the deterioration of civic space conditions in Africa, where South Africa, Botswana, Mali and Mozambique all dropped ratings. In the Americas, Nicaragua joined Cuba in our worst category, ‘closed’. The Middle East and North Africa retained its status as the region with the worst civic rights record, with Jordan being downgraded to ‘repressed’. In Asia, Singapore also fell into the ‘repressed’ category, as a persistent clamp down on dissent and opposition voices continues. 

“What we are seeing is not a proportional reaction to a health emergency, where restrictions are meant to be extraordinary measures to deal with a crisis that is temporary. On the contrary, governments are using the pandemic as a pretext to further accelerate the crackdown on human rights that we have been documenting over the past years.” 

Although only one country - Mongolia - improved its rating in 2021, it is important to highlight the resilience of civil society. Governments have not been successful in silencing alternative voices or limiting their activism. Despite increasing restrictions, civil society has found ways to continue to speak up and claim their rights.  

Over twenty organisations collaborate on the CIVICUS Monitor, providing evidence and research that help us target countries where civic freedoms are at risk. The Monitor has posted more than 550 civic space updates in the last year, which are analysed in People Power Under Attack 2021. 

Civic freedoms in 197 countries and territories are categorised as either closed, repressed, obstructed, narrowed or open, based on a methodology that combines several data sources on the freedoms of association, peaceful assembly and expression.
 

SEE RATINGS & READ REPORT

Portuguese 

• Brazilian authorities are debating a restrictive bill which amends the Anti-terrorism law (2016)
• If passed, the bill will severely impact on the rights of expression, assembly, association and privacy
• Concerns raised by UN Special Rapporteurs about the impact of the bill have largely been ignored

CIVICUS, a global alliance of civil society organisations, is seriously concerned over the ongoing judicial harassment against human rights defenders Adilur Rahman Khan and ASM Nasiruddin Elan. They will face their next hearing on 24 November 2021. If found guilty, both might be sentenced to up to ten years of imprisonment. 

🇸🇻 #ElSalvador
New law on "foreign agents" restricts freedoms of expression and association and gives the executive broad powers to repress civil society and independent media.
📲 https://t.co/lFEaIeOQkf pic.twitter.com/d60dPTSFTD

— CIVICUS (@CIVICUSalliance) November 17, 2021

Global civil society alliance CIVICUS expresses serious concerns over a ‘Foreign Agents’ bill proposed by the government of El Salvador which would give the executive ample powers to stifle civil society and independent media.

As world leaders meet at #COP26, barriers for participation have left many participants from the frontlines of the fight against climate change out in the cold https://t.co/2dH7jLKqkx #UNmuteCOP26 #Facesfromthefrontlines pic.twitter.com/7sDCIkC0Z2

— CIVICUS (@CIVICUSalliance) November 4, 2021

The stakes are higher than ever at COP26 and the lives of many of the world’s most disadvantaged communities hang in the balance, with rising sea levels, major storms, floods and droughts all increasing due to climate change. Governments must be ambitious and deliver on their commitments to de-carbonise our economies by 2030.

The negotiations at COP need accountability as there is an inherent power imbalance within the UN talks between industrialized countries and countries of the global South.

However, the possibility for participation of community representatives from areas that are directly affected around the world has been very restricted and, in some cases, individuals have been harassed or excluded by their own governments. These communities will largely be left out of the physical negotiations which are critical in holding the high polluting member states to account.

Barriers for participation have been far higher at this COP than in previous years, in part due to travel restrictions linked to the Covid-19 pandemic. The inequality of access has been massively exacerbated by the inequities of vaccine provision. Many of the communities most affected by the climate crisis are also suffering an artificial shortage of vaccines - and the lack of solidarity shown by wealthier donor countries such as the UK and Germany in blocking the sharing of vaccine technology and thereby preventing developing countries from producing their own vaccines.

Additional challenges have come in the form of a very restrictive visa regime in the UK, which has been particularly restrictive to individuals coming from outside Europe and North America and has often led to lengthy delays for travel bookings which creates a knock-on effect of prohibitively high travel costs. In some cases, there has also been direct targeting of human rights defenders who advocate for climate and social justice.

From established democracies including the United Kingdom, Australia and Austria as well as other countries like Kazakhstan, Uganda and Egypt, groups protesting for climate justice and the protection of the environment have been violently dispersed. In countries including Honduras, Philippines, Nicaragua and Columbia, human rights defenders advocating for climate justice and for the protection of indigenous rights and the rights of communities are jailed and persecuted. This direct intimidation and detaining of activists prevents the voices of essential communities from being heard in global forums.

REACTIONS FROM GLOBAL CIVIL SOCIETY

Tasneem Essop, Executive Director, Climate Action Network says:
”We know civil society participation is critical to get a strong outcome from COP26. Yet by pushing for a physical COP in the middle of a global pandemic, with all the restrictions on travel and exorbitant costs, we can see that real and meaningful participation is under threat. This is particularly true for those from vulnerable communities from the global South. The issues on the table at this COP pertaining to finance, loss and damage and keeping 1.5C in sight require those most impacted to have a seat at the table, to scrutinise outcomes from governments, hold polluters accountable and fight to secure a safe and just future.”

Lysa John, Secretary-General of CIVICUS says:
“The world is watching while leaders meet at COP26, real action is needed now but many of the people who can bring lived experience of climate change from around the world are being left out. Now more than ever, the perspectives of people who are most affected by the severe impacts of climate change should be heard and respected.”

Emeline Siale Ilolahia, Director of the Pacific Island Association of NGOs and board member of Action for Sustainable Development says:
“Many of the Pacific Islands are facing direct threats in terms of loss of land and livelihoods due to climate change but our voices are increasingly drowned out and major economies are not taking responsibility for the wider impacts of their inaction. We have been told that this is the moment to build back better, but we need to see world leaders opening space for a more inclusive vision for the future.”

STORIES OF KEY ACTIVISTS WHO ARE NOT ABLE TO ATTEND:

Disha A Ravi (India) is a 23 year old climate justice activist with Fridays For Future India and a writer. She became an activist after she saw her family impacted by the water crisis. She is best known for advocating for better policies and governance for the climate and environmental sector. She is passionate about ensuring that voices from most affected people and areas are represented in climate conversations and negotiations. Her passport has been withheld by authorities.

Suvendu Biswas (Bangladesh) is a young climate activist working on climate and youth issues in the coastal area of Bangladesh. He supports youth-led digital and climate actions to end climate injustice for his peers and their community people. He was prevented due to high cost of travel and visa

Nyombi Morris (Uganda) is a 23 year old climate activist from Uganda fighting to include climate change in the curriculum in schools and promoting tree planting. Nyombi has been advocating to Save Bugoma forest and Congo basin since 2019. He was arrested this year during his Fridays for future strikes in Kampala.

Aïman Atarouwa (Togo) is active in the fight against climate change, in particular: the promotion of renewable energies; supporting the global climate strikes; and leading arts activities on the environment. He could not attend due to COVID-19 travel restrictions.

Guapinol Water Defenders (Honduras) Porfirio Sorto Cedillo, José Avelino Cedillo, Orbin Naún Hernández, Kevin Alejandro Romero, Arnold Javier Aleman, Ever Alexander Cedillo, Daniel Márquez and Jeremías Martínez Díaz, Defenders of Tocoa, in the northern region of Honduras. They were protesting against the implementation of a mining project in the protected area ”Carlos Escalares” that would endanger fresh water sources in the region. They have been detained and charged with arson and unlawful deprivation of liberty.

Angela Mendes (Brazil) is the daughter of murdered environmental defender Chico Mendes. She is actively working to protect the rainforest reserves that were set up over the last 20 years in the Western Amazon which are under threat by the Bolsonaro Government. She could not travel due to COVID-19 and visa delays.

For further information contact:

Oli Henman, Action for Sustainable Development  or Tel: 07803 169074
The campaign #UNmuteCOP26 #Facesfromthefrontlines is running at COP26. Check it out here: https://twitter.com/Action4SD/status/1454098027971551233 

🇮🇳#India: Today human rights lawyer & activist Sudha Bharadwaj will celebrate her 60th birthday in prison

She was arrested on fabricated charges 3 years ago and has been denied bail. Call on the govt to #FreeSudhaBharadwaj immediately: https://t.co/ce5R9k4QYA | #StandAsMyWitness pic.twitter.com/FecjOjoErI

— CIVICUS (@CIVICUSalliance) November 1, 2021

Human rights defender and lawyer Sudha Bharadwaj will be spending her 60th birthday in detention today, more than three years after she was arrested on baseless charges under a draconian anti-terror law. Global civil society alliance CIVICUS calls on the Indian government to halt the ongoing persecution against her and release Bharadwaj immediately and unconditionally. 

Bharadwaj has been in pre-trial detention since August 2018, when she was arrested under the draconian Unlawful Activities Prevention Act (UAPA) and accused of having links with Maoist terrorist organisations. She and 15 other human rights defenders were further accused of conspiring to incite members of the marginalised Dalit community in relation to violence which erupted in Bhima Koregaon village in the Pune district of Maharashtra in January 2018.  

Bharadwaj was initially held under house arrest until October 2018, when she was moved to Byculla Women’s Prison in Mumbai. This is her fourth birthday in prison. 

“Instead of celebrating her birthday with family and friends, Sudha will be alone in Byculla prison because she chose to speak up for the rights of Indigenous people and workers. Her detention highlights the systematic misuse of security laws by Prime Minister Narendra Modi’s government to clamp down on dissent and silence human rights defenders”, said Josef Benedict, CIVICUS Asia Pacific researcher. 

Her multiple pleas for bail including for underlying health issues have been opposed by the National Investigation Agency (NIA), despite calls by the UN to decongest prisons and release political prisoners during the pandemic. There are  serious concerns about the validity of evidence against her. A report in March 2021 by a U.S. digital forensics firm has raised questions about incriminating letters presented as evidence to implicate Bharadwaj and the other activists. The letters were found on an activist’s laptop which is thought to have been hacked. 

UN experts have expressed concerns about the terrorism charges laid against Bharadwaj and about the UAPA in general, particularly with regards to its vague definition of ‘unlawful activities’ and ‘membership of terrorist organisations’ which have been routinely used by the government to stifle dissent. 

“The Indian government must stop using restrictive national security and counter-terrorism laws against human rights defenders and dissenters. The laws are incompatible with India’s international human rights obligations and become tools for judicial harassment” added Benedict 

Sudha Bharadwaj is one of a group of leading human rights defenders who feature in CIVICUS’ global campaign #StandAsMyWitness. The campaign urges people to call for an end to the imprisonment and harassment of human rights defenders across the world. CIVICUS encourages people to share the defenders’ individual stories on social media using the hashtag #StandAsMyWitness. 

India’s rating was downgraded by the CIVICUS Monitor from ‘obstructed’ to ‘repressed’ in December 2019.  

🇸🇩#Sudan: Military leaders must exercise restraint amidst political tensions & refrain from the use of excessive force.

Our statement on the recent events & concerns about internet shutdowns and restrictions on peaceful protests: https://t.co/JY5r31Wtoi #SudanCoup pic.twitter.com/0LYdKZTsPG

— CIVICUS (@CIVICUSalliance) October 29, 2021

Global civil society alliance, CIVICUS calls on the Sudanese military to stop using violence against peaceful protesters and respect the transitional government. On 25 October 2021, the Sudanese military dissolved the civilian government and proceeded to arrest and detain political leaders including Prime Minister Abdalla Hamdok. These actions by the military contravene the Constitutional Declaration (Charter) and the democratic aspirations of the Sudanese people gained following nation wide protests in 2019. These developments pose major setbacks to the democratic commitments of the transitional leadership in Sudan and threaten to reverse any gains made over the last three years. More than seven protesters have been killed and 140 wounded as the military have used violence to quell peaceful protests calling for the transitional administration to be respected.

The Sudanese military has arrested and detained many members of the Sovereign Council – the body tasked with managing the political transition ahead of planned elections, government officials, politicians, civilians, and the director of a public broadcaster. The military has also disrupted telecommunications and internet connectivity, restricting access to information. The disruption of the internet now limits freedom of expression and there are serious concerns that the military will resort to increased violence as protesters demonstrate against the military take over. Connectivity to the internet, the right to freedom of assembly and expression are crucial to the success of the democratic transition ahead of planned elections and the consolidation of democracy. These restrictions imposed by the military will derail the transition process and threaten stability ahead of elections.

We call for the immediate release of detained civilians and politicians, who have been unlawfully arrested. All parties must exercise restraint, resume dialogue and engage in good faith within the framework of the Political Declaration and the Constitutional Decree to restore peace and constitutional order, said Paul Mulindwa, Advocacy and Campaigns Africa Lead for CIVICUS. To this end, it is critical that telecommunication and internet connectivity are immediately restored.

On 16 October 2021, Prime Minister Hamdok, cautioned that Sudan was experiencing the “worst crisis” of its transition to civilian rule following the removal of longtime ruler Omar al-Bashir. His remarks pointed to the tensions between those who believe in a transition towards democracy and civilian leadership and those who want a return to military rule following a thwarted coup attempt on 21 September 2021.

Background

Sudan’s Sovereign Council is charged with leading the country through the current transitional process that would lead to elections in November 2022. Military and civilian leaders have been at odds since the establishment of the transition government in 2019. On Saturday, 23 October 2021, thousands of military-aligned protesters gathered in front of the presidential palace in the capital, Khartoum, calling for the resignation of the Sovereign Council. This protest was called by a military-aligned faction of the Forces of Freedom and Change alliance (FFC), that participated in the 2019 civil protests, which removed the former president al-Bashir. Amidst the current crisis, Sudan remains in a deep economic crisis and sharp division. The dissolution of transition government and military takeover exacerbate the situation.

The CIVICUS Monitor an online platform that tracks threats to civil society in countries across the globe, rates civic space – the space for civil society – in Sudan as repressed.

Disinformation campaigns are on the rise in East Asia as states use false information to shape self-serving narratives.

The newly launched DisinformationCounter.com sets out to contribute to public knowledge and understanding of disinformation, especially how governments use it in ways that negatively impact civic space and democracy in East Asia. The platform launches with a research project to map the regional disinformation landscape. Case studies focused on the Philippines, Mindanao, Indonesia, West Papua, Hong Kong, and Cambodia, but are indicative of a larger, systemic issue across the region. This research is, therefore, to be seen as part of the rising call from East Asian civil society for greater transparency and freedom of information.

Accompanying the research, the ARTSvsDISINFORMATION project brought seven artists together to explore creative, accessible, and public ways of responding to and resisting disinformation. It is also hoped that the research and artistic responses will inspire and empower civic, academic, and creative responses towards disinformation.

Both projects are hosted on the newly launched DisinformationCounter.com.

"Disinformation erodes democracy. It undermines fundamental freedoms. It stokes hate and violence while polarizing societies along the lines of race, religion, ideology, class, and gender. It destroys lives. In a crisis that is on a scale we’ve never seen before, disinformation kills. East Asia has been witness to this and more, much like the rest of the world.”

– Tess Bacalla, Editor

HIJACKING & WEAPONIZING THE NARRATIVE: Disinformation Amid Rising Repression in East Asia examines the specific ways by which states have become a major player in the spread of disinformation and how these narratives influence state policies and the use of state resources. Written and edited by well-known journalists and writers on disinformation in the region, this research project maps the disinformation landscape in the Philippines, Mindanao, Indonesia, West Papua, Hong Kong, and Cambodia.

Why we should be concerned

CIVICUS Asia Pacific Researcher Josef Benedict says, “Across the Asian region we are seeing governments deploy disinformation tactics to spread pro-government narratives, mount smear campaigns against their political opposition and civil society, and to divert conversations away from critical issues facing people’s lives. This critical report exposes these manipulation campaigns and empowers civil society to challenge both states and non-state actors to not only refrain from conducting and sponsoring disinformation, but to address it in a manner that respects human rights, democracy, and the rule of law.”

Narrative is power

Creating and pushing narratives that distort otherwise meaningful public conversations has become an integral, albeit destructive, component of the strategies that have been used by governments for ages. Today’s technologies have ramped up these efforts, ushering in a new world disorder that has governments hijacking and weaponizing narratives. Talk about the ‘new normal’ in the digital age!

“Narrative, after all, is power, especially when used – calibrated and weaponized – to manipulate people to advance specific agendas, especially of those in power,” writes Tess Bacalla in her introduction to the research.

Muting counternarratives

These reports lift the veil on how repressive governments in the region are increasingly using disinformation to rein in dissent while perpetuating power. These on the whole are reeling under the burden of aggressive campaigns against the dissemination of truthful accounts of public governance issues and events that impact people’s lives while muting counter voices, often with the use of brute force, draconian legislation, and other forms of repression.

Why this research matters

When asked why this research project is important to the region, Tess responded with this remark, “To say that there is extreme urgency to train the spotlight on the unrelenting scourge of disinformation – this, as states and other political actors wantonly manipulate information to suit their political agendas while harming the public interest – is to belabor the obvious.

“This series of reports is a step in that direction – and a plea for action.”

-End-

To view the collection of seven artworks, click here.

To read the series of disinformation reports, click here. 

About CIVICUS

CIVICUS is a global alliance of civil society organisations and activists dedicated to strengthening citizen action and civil society throughout the world.

We were established in 1993 and since 2002 have been proudly headquartered in Johannesburg, South Africa, with additional hubs across the globe. We are a membership alliance with more than 10,000 members in more than 175 countries.

Our definition of civil society is broad and covers non-governmental organisations, activists, civil society coalitions and networks, protest and social movements, voluntary bodies, campaigning organisations, charities, faith-based groups, trade unions and philanthropic foundations. Our membership is diverse, spanning a wide range of issues, sizes and organisation types.

For further information or to request interviews with CIVICUS staff and contributors to this project, please contact Josef Benedict: 

CIVICUS, the global civil society alliance, welcomes the conclusions adopted by the United Nations Working Group on Arbitrary Detention that found the arrest and detention of Muhammad Ismail arbitrary and calls on the Pakistan authorities to immediately and unconditionally put an end to all acts of harassment against Muhammad Ismail and his family.

The UN Working Group, in its opinion adopted in September 2021, concluded that Muhammad Ismail was targeted for his human rights work and that his detention was in contravention of international human rights standards, particularly the Universal Human Rights Declaration (UDHR) and the International Covenant on Civil and Political Rights (ICCPR), of which Pakistan is a state party.

Among the key findings of the UN Working Group was that:

• The arrest and detention of Muhammad Ismail was arbitrary falling within categories I (without sufficient legal basis), II (for exercising his rights guaranteed under the ICCPR), III (being denied of his right to fair trial), and V (for his work as human rights defender and his relation to his daughter, Gulalai Ismail).
• He was subjected to enforced disappearance in the period between his abduction on 24 October 2019 and his appearance in court on 25 October 2019. The abduction of Muhammad Ismail on 24 October took place completely outside of established legal processes and with no judicial oversight, in violation of the requirement under article 9(1) of the ICCPR.
• His right to challenge the legality of his detention under article 9(3) and (4) of the ICCPR, as well as his right to an effective remedy under article 8 of the Universal Declaration of Human Rights and article 2(3) of the Covenant, were violated.
• His pre-trial detention for over two months (2 February to 15 April 2021) was not properly constituted and thus had no legal basis. 
• His conduct falls within the right to freedom of opinion and expression protected under article 19 of the Universal Declaration of Human Rights and Article 19 of the ICCPR. 
• He was detained in relation to both proceedings against him because of the peaceful exercise of his right to freedom of opinion and expression and to participate in the conduct of public affairs, and in violation of article 7 of the Universal Declaration of Human Rights and article 26 of the ICCPR.
• He has been denied his right to a fair trial without undue delay in both proceedings.
• He was detained on discriminatory grounds, that is, on the basis of his status as a human rights defender, his political or other opinion, and his birth and family ties, contrary to articles 2 and 7 of the Universal Declaration of Human Rights and articles 2(1) and 26 of the ICCPR.

“The conclusion by the UN Working Group echoes concerns raised by CIVICUS around the arbitrary detention of Muhammad Ismail and the ongoing persecution against him. Human rights defenders in Pakistan should not be harassed and intimidated for doing their work and exercising their fundamental freedoms. Ismail’s treatment highlights the repressive environment for activists in the country,” said Josef Benedict, Asia Pacific researcher for CIVICUS.

Muhammad Ismail, a Pakistani human rights defender and the father of women’s rights activist Gulalai Ismail, has been subject to judicial harassment since 2019. He is facing allegations of cybercrime for speaking against government institutions. He has also been accused of trumped-up charges related to sedition and conspiracy, as well as under the Anti-Terrorism Act for allegedly financing terrorism, publishing and disseminating anti-State material and aiding and abetting terrorist offences.

In the report, the UN Working Group also noted with concern the charges reportedly brought against Muhammad Ismail’s spouse, as well as actions taken against Gulalai Ismail, his daughter, for her advocacy in support of the Pashtun community. It recommended that the government of Pakistan conduct a full and independent investigation on the arbitrary detention of Muhammad Ismail and to take appropriate measures against those responsible for the violation of his rights. The Working Group also called on the government to provide a remedy without delay. While the Working Group has sent a communication to the government of Pakistan concerning the circumstance, it has received no reply.

“We urge the Pakistani authorities to comply with the recommendations from the UN Working Group, in particular by immediately ending all acts of harassment against him and his family and ensuring an independent investigation into the abuses against him,” said Benedict.

“The decision by the UN Working Group shows clearly that my father was arrested for speaking up and supporting my activism. He has suffered tremendously over the last two years for this. I urge the authorities to drop all charges against my parents unconditionally. Speaking out for human rights is not a crime” said Gulalai Ismail.

Muhammad Ismail is one of the faces of CIVICUS’s international #StandAsMyWitness campaign, calling for the release of imprisoned human rights defenders across the world.

The CIVICUS Monitor rates civic space in Pakistan as “repressed”

The ongoing violations of the right to freedom of association, peaceful assembly and expression, and particularly the labelling of civil society groups as “foreign agents,” is intended to force associations to close operations or self-censor, said CIVICUS, global alliance of civil society organisations. Russia is experiencing the most severe restrictions on civic space in decades as the authorities use legislation on “foreign agents” or “undesirable organisations” to restrict the activities of civil society organisations and subject their leaders and members to judicial persecution.

On 29 September 2021, the Ministry of Justice listed the Media Human Rights Project OVD-Info as one of the organisations designated as a “foreign agent.” The inclusion of OVD-Info on the list of organisations accused of functioning as a foreign agent is a direct response to OVD-Info’s civil society campaign against legislation used by the authorities to smear and stigmatise civil society groups. More than 229 organisations and over 154,000 people across Russia joined the campaign. OVD-Info is an independent media project focusing on human rights and political persecutions, which also tracks and monitors persecution of protesters in Russia. It depends on volunteers and donations to do its work and calls on the Russian authorities to respect the Constitution and other European Conventions on human rights.

Russia has often been known for targeting civil society organisations, opposition figures and human rights defenders. However, human rights violations have reached unprecedented levels as the authorities routinely use legislation to stigmatise civil society organisations and prosecute their leaders and members. The international community must intervene now to prevent a total dismantling of civil society, said Sylvia Mbataru, civic space researcher at CIVICUS.

Those included on the list on 29 September are members of the civil society group Golos that monitors elections and journalists from the media rights body Mediazoma. Organisations listed as foreign agents are required to undergo cumbersome administrative procedures and indicate their status as “foreign agents” in all official correspondence and materials. Media organisations designated as foreign face challenges collaborating with advertisers and partners and are hindered from doing interviews as few people would want to be associated with “foreign agents.” Several associations have been forced to close down while many more now self-censor as representatives of civil society are also subjected to judicial persecution.

Background

Over the last several months, the Russian authorities have increased restrictions on civic space and targeted human rights defenders and protesters. Several civil society organisations and media groups have been added to a list of organisations accused of performing the functions of a foreign agent. The implications have been the closure of civil society and media groups, loss of income of many others, and the judicial persecution of leaders of these groups. Early in 2021, OVD-Info reported that more than 17600 were detained in response to large-scale protests calling for an end to the judicial persecution of opposition leader Alexey Navalny. Due to the spiraling decline in fundamental rights and freedoms in the country, in February 2021, Russia was added to a watchlist of countries that have seen a rapid deterioration of fundamental democratic freedoms.

Civic space in Russia is rated 'repressed' by the CIVICUS Monitor. 

New research on the state of civic freedoms in the Philippines

CIVICUS, the global civil society alliance, continues to call on the UN Human Rights Council to establish an independent investigative mechanism to address human rights violations and abuses in the Philippines to further accountability and justice. A new brief published today, shows that one year on from the adoption of a profoundly weak resolution at the Council, serious civic freedoms violations continue to occur, creating a chilling effect within civil society.

The CIVICUS Monitor has documented the arbitrary arrest and detention of human rights defenders and activists on fabricated charges. In a number of instances, the activists have been vilified and red-tagged – labelled as communists or terrorists – in relation to their work prior to their arrest. There have also been reports of evidence planted by the police and military forces to justify arrests or violence against activists.

Activists have been killed over the last year, both by the security forces and by unknown individuals. In many instances, activists were killed after being red-tagged. In virtually none of the cases has anyone been held accountable for the killings. In one incident, nine community-based activists were killed in coordinated raids, known as the ‘Bloody Sunday’ killings, which took place across four provinces in the Calabarzon region on 7 March 2021 by members of the Philippine security forces. The killing of journalists as well as judicial harassment against them has also persisted.

In July 2021, the Philippine government and the UN formalised a human rights programme which includes strengthening domestic investigation and accountability mechanisms; improved data gathering on alleged police violations; civic space and engagement with civil society and the Commission on Human Rights (CHR) to be implemented.

“The current actions by the UN Human Rights Council have failed to deter the criminalisation and attacks against activists and journalists, which has continued over the year, with impunity. The new joint programme seems to be just more window dressing by the Duterte regime to evade accountability. It is time for the international community to listen to civil society voices and establish an independent investigation to hold the perpetrators to account”, said Lisa Majumdar, CIVICUS UN advocacy officer.

Human rights groups have also documented an assault on the judiciary. An investigative report by the Free Legal Assistance Group (FLAG) found that at least 61 lawyers, judges and prosecutors have been killed under the Duterte administration since 2016. There have been no convictions so far in any of the deadly attacks recorded. 

The new brief outlines other tactics used to silence civil society that have ranged from freezing their accounts to launching  smear campaigns against them. In June 2021, the Anti-Money Laundering Council (AMLC) froze the bank accounts of Amihan, an organisation of peasant women, which the authorities alleged were linked to communist rebels. Bank accounts of eight other nongovernmental organisations and civil society groups based in Mindanao were also covered by the order.

Human rights alliance Karapatan has been subject to  a spate of cyberattacks since July 2021 against its website, amid an online solidarity campaign #StopTheKillingsPH, which calls on the government to stop attacks against human rights defenders. Earlier attacks against Karapatan and alternative media outlets were traced by Qurium - Sweden-based media foundation - to the Office of the Assistant Chief of Staff for Intelligence of the Philippine Army as well as the Department of Science and Technology.

“Civil society groups have been at the forefront of monitoring violations perpetrated by authorities around the deadly war on drugs, and their assaults on activists. Despite the threats and litany of attacks against them, they have refused to be silenced. The international community owes them support and protection,” said Majumdar.

Following tireless research and advocacy efforts by civil society, in June 2021, the International Criminal Court (ICC) Prosecutor Fatou Bensouda requested judicial authorisation to proceed with an investigation into crimes committed in the Philippines from 1 November 2011 - the date the Philippines became an ICC member - until 16 March 2019. On 15 September 2021, Pre-Trial Chamber I of the International Criminal Court granted the Prosecutor’s request to commence the investigation in a landmark development.

In December 2020, the CIVICUS Monitor, a global research collaboration that rates and tracks respect for fundamental freedoms in 196 countries, downgraded the Philippines from ‘obstructed’ to ‘repressed’ in its People Power Under Attack report 2020. 

More information

Download the Philippines research brief here.

Interviews

To arrange interviews, please contact Josef Benedict, CIVICUS Asia-Pacific Civic Space Researcher and

CIVICUS, the global civil society alliance, condemns the recent raid carried out on facilities associated with human rights defender Harsh Mander who serves as Director of the Centre for Equity Studies and calls on the government of India to stop targeting and intimidating human rights defenders. The raid adds to the long list of restrictions imposed on human rights defenders in the country. 

On 16 September 2021, the Enforcement Directorate under the Ministry of Finance of India conducted the raid on Harsh Mander’s residence, the Centre for Equity Studies’ office, and a children’s home run by the organisation under the pretext of investigating money laundering allegations against him. The raid happened several hours after Harsh Mander departed to Germany to attend a fellowship programme.

Harsh Mander is a prominent human rights defender and social activist who has been critical of the Narendra Modi government. He has raised concerns about how the government  handled the COVID-19 pandemic, the increasing attacks on press freedom, and the discriminatory citizenship law passed in 2019 which human rights groups have called ‘unconstitutional and divisive’.

Following the raid, more than 500 activists in India issued a joint statement in solidarity with Harsh Mander and condemned the intimidation tactics.

“The authorities must halt its harassment of human rights activist Harsh Mander. These actions conducted by the Enforcement Directorate is a clear tactic to intimidate and criminalise the defender. It also creates a chilling effect on government critics and is a strategy to force many to self-censorship.”, said Josef Benedict, CIVICUS Civic Space Researcher for the Asia Pacific.

Similar raids were conducted by the National Commission for Protection of Child Rights in October 2020 on two children’s homes associated with him based on accusations of financial irregularities and illicit activities.

These raids highlight an ongoing pattern of baseless and politically-motivated criminal charges brought by the authorities against activists across India that has been documented by the CIVICUS Monitor.  This includes the use of a variety of restrictive laws - including national security and counter-terrorism legislation - to imprison human rights defenders, peaceful protesters and critics.  Some have been in pre-trial detention for years.

“It is appalling that activists in India are facing harassment just for speaking up for human rights. The government must drop all charges against them and immediately and unconditionally release all those detained. It must also take steps to ensure that human rights defenders are able to carry out their legitimate activities without any hindrance or fear of reprisals,” added Benedict.

India’s rating was downgraded by the CIVICUS Monitor from ‘obstructed’ to ‘repressed’ in December 2019. 

Despite bans & restrictions on freedom of peaceful assembly, protests have been staged in all regions of the world.

• People continue to mobilise to demand their rights during the pandemic
• Anti-confinement measures a common driver of covid-related protests
• Violations of protest rights widely documented: protesters are being detained, and excessive force is being used by both authoritarian governments and mature democracies

In the early days of the pandemic, restrictions on public gatherings temporarily brought many mass protests movements to a halt. However, people quickly returned to the streets and for a wide range of causes. A new research brief released today by the CIVICUS Monitor documents where protests took place during the first year of the pandemic, the drivers of those protests, and how governments responded to mass mobilisations.

Protests over state responses to the pandemic and economic hardships have been recorded across the world. Data compiled by the CIVICUS Monitor finds that covid-related protests were staged in at least 86 countries from February 2020 to January 2021. Other protests were also staged including on racial justice, women’s rights, and anti-corruption.

Anti confinement measures have been the biggest driver of covid-related demonstrations. From Argentina to Iraq, people have protested against lockdowns and its impact on livelihoods. In over a quarter of the world’s countries, these protests have often highlighted stark inequalities and called on governments to ease the economic burdens of confinement. In some instances, people have also protested against COVID-19 measures, such as mask-wearing and social distancing, including in Australia, Germany, and the USA.

The global research brief also documents three other categories of covid-related protests, with a snapshot of country case studies, including labour rights protests, sector-led protests, and mass demonstrations to reopen schools.

In addition, and at the heart of the CIVICUS Monitor’s research mandate, the brief also documents where there have been violations on the right to peaceful assembly. Protesters have been detained in at least 100 countries, on the grounds of failure to adhere to COVID-19 measures or other laws related to peaceful assemblies. Although restrictions on protests can take on many forms, some of the most troubling responses by authorities and security forces have been the prevalent use of excessive force to disperse protests. This has included lethal force, leading to the killing of protesters in at least 28 countries.

“The COVID-19 crisis should not be used as a pretext to suppress the right to peaceful assembly. The use of excessive force by the authorities to disperse protests is contrary to international law, even during a state of emergency,” said Marianna Belalba Barreto, CIVICUS Monitor Lead.

The UN Special Rapporteur on the right to peaceful assembly and association has stated that laws limiting public gatherings must be necessary and proportionate in light of the circumstances. The UN expert has raised concerns that In many cases, it appears the measures adopted are geared more at cementing control and cracking down on oppositional figures than at ensuring public health.

As both authoritarian governments and mature democracies have responded to the pandemic with repressive measures, the research brief closes with recommendations on how governments can respond to health crises while maintaining respect for peaceful assembly and other civil liberties.

Read the full report here.

INTERVIEWS

For more details, or to arrange an interview, please contact: media [@] civicus.org

🇦🇫#Afghanistan: UN & Member States must take urgent steps to protect civil society in the country.

The #Taliban have already begun carrying out raids on the homes of activists. Our statement: https://t.co/dOfHDMeFra pic.twitter.com/sA3ss79FPc

— CIVICUS (@CIVICUSalliance) August 18, 2021

CIVICUS, the global civil society alliance is deeply concerned about the safety of human rights defenders, journalists and staff of civil society organisations in Afghanistan following the collapse of President Ashraf Ghani’s government and the takeover by the Taliban.

As called for by UN experts, we urge UN member states to take immediate steps to protect them as well as urgently call for a Special Session at the Human Rights Council on Afghanistan which will include a discussion on the speedy establishment of a fact-finding mission to be deployed to assess the situation on the ground and report back.

The Taliban have a track record of abusing human rights, coordinating reprisals against their critics and attacking civilians with impunity. Following the takeover of Kabul, human rights defenders have reported that lists of names of representatives of civil society have been revealed by the Taliban and raids have been carried out in their homes. Human rights defenders trying to leave the country have also been prevented from boarding planes as foreign missions have prioritised evacuating their own nationals and staff. Others have gone into hiding and fear for their lives.

The High Commissioner for Human Rights has also expressed concerns about early indications that the Taliban are imposing severe restrictions on human rights in the areas under their control, particularly targeting women.

“The crisis unfolding in Afghanistan requires an urgent and resolute response from the UN and member states. Proactive steps must be taken to ensure the security and protection of human rights defenders especially women. Many are at risk of being targeted by the Taliban because of their work and there must be efforts taken to evacuate and resettle them and their families,” said CIVICUS’s Civic Space Researcher, Josef Benedict.

CIVICUS has documented attacks on civil society by the Taliban in recent years. Human rights defenders particularly women have been facing threats for undertaking their work and some have been abducted and killed. Many have had to relocate due to safety concerns even as perpetrators have not been held accountable. Recent peace negotiations failed to adequately and effectively include civil society, especially women human rights defenders.

According to information compiled by the Afghan Human Rights Defenders’ Committee (AHRDC) 17 human rights defenders were killed between September 2020 and May 2021 alone. Over 200 human rights defenders and media representatives reported receiving serious threats. In light of the present conflict conditions and political instability, these threats have magnified.

The UN Secretary-General António Guterres’ on 16 August urged the international community to speak in one voice to uphold human rights in Afghanistan is a step in the right direction.

“The UN Security Council must seize the current opportunity to quickly restart the stalled intra-Afghan peace talks and ensure effective representation of civil society especially women. It must also call on the Taliban to respect international human rights law, protect civilians, and end reprisal attacks”, said Josef Benedict.

The CIVICUS Monitor, an online platform that tracks threats to civil society in countries across the globe, rates civic space – the space for civil society – in Afghanistan as Repressed.

🇿🇲#Zambia: Ahead of tomorrow's national elections, we are calling on President @EdgarLungu to guarantee the rights of all Zambians and refrain from shutting down the internet: https://t.co/ywtWvlLfdi | #KeepitOn #ZambiaDecides🗳 pic.twitter.com/bFeLejbW1y

— CIVICUS (@CIVICUSalliance) August 11, 2021

Ahead of the highly anticipated elections in Zambia tomorrow, global civil society alliance CIVICUS calls on the government of President Edgar Lungu to guarantee the rights of all Zambians and refrain from shutting down the internet during and after the elections. 

3 months ahead of the Presidential elections, authorities in 🇳🇮#Nicaragua have arbitrarily detained several opposition leaders & activists. Among the detained is presidential candidate & human rights activist @MedardoMairena

We call for his release: https://t.co/Ye2gxTMhAZ pic.twitter.com/WkDfBa089H

— CIVICUS (@CIVICUSalliance) August 5, 2021

Global civil society alliance CIVICUS is seriously concerned about the prolonged detention of Nicaraguan human rights defender, Medardo Mairena Sequeira. Medardo was detained a month ago as part of a wave of arrests targeting activists and people who expressed their desire to stand for the Presidency ahead of Presidential elections scheduled for November 2021.

For far too long, President Daniel Ortega has used state apparatuses to target human rights defenders, journalists and members of the political opposition to stifle freedom of expression and extend his grip on power. Now, a few months before the November 2021 elections, this intensified crackdown aims to silence political opponents to guarantee him victory when Nicaraguans vote. The international community must act now to prevent a further deterioration of human rights,” said David Kode, Advocacy and Campaigns Lead at CIVICUS.

In addition to Medardo, those detained include labour leaders Freddy Navas Lopes, Pablo Morales and Pedro Joaquin Mena. Most of the people arrested are accused of complicity in the kidnapping and killing of police officers in 2018 during large scale protests that swept through Nicaragua that year. The authorities state that they are investigating those arrested for inciting foreign interference and violating national sovereignty.

Police also raided the home of feminist leaders Dora Maria Tellez and Ana Margarita Vijil, and arrested them. They are both members of the opposition party Unamos. For several months, leaders and members of Unamos have been subjected to arbitrary arrests and detentions. The authorities have also imposed travel bans on other members of the political opposition and civil society, and froze their bank accounts.

Background

Since 2018, President Ortega’s administration has precipitated a socio-political and human rights crisis in Nicaragua. Human rights defenders, journalists and members of the political opposition have been subjected to acts of intimidation, arrests and detentions by security agents. In March 2021, the United Nations Human Rights Council adopted a Resolution in response to human rights violations which renews and strengthens scrutiny on Nicaragua. In March 2021, Nicaragua was also placed on the CIVICUS Monitor Watch List, due to concerns about the country’s rapidly declining civic space. A few months before the November elections, the authorities have increased their attacks against members of the political opposition, human rights defenders and journalists.

Nicaragua is rated as ‘repressed’ by the CIVICUS Monitor, our online platform that measures the state of civic freedoms in all countries.

*Photo Credit: Jorge Mejía peralta

The police harassment of opposition politicians for their criticism of the land law amendments highlights the restrictive space for civic freedoms in Fiji, said global civil society alliance CIVICUS today. The authorities must halt such actions immediately and respect the right to freedom of expression.

According to reports, nine prominent opposition politicians were arrested and questioned in Fiji for voicing concerns about a contentious land bill. Six members of parliament and three other high-profile politicians were taken into custody by the criminal investigations department on 25 and 26 July in relation to comments they had made regarding proposed amendments to a land bill. They were subsequently released.

The nine are Viliame Gavoka, the leader of the opposition Social Democratic Liberal party (Sodelpa) party; the opposition whip Lynda Tabuya; the MPs Adi Litia Qionibaravi and Ro Filipe Tuisawau; Biman Prasad, the leader of the National Federation party; the NFP president, Pio Tikoduadua; the former prime ministers Sitiveni Rabuka and Mahendra Chaudhry; and the Unity Fiji leader, Savenaca Narube.

“This intimidation of opposition lawmakers and politicians just for their criticism of the land bill amendments must end. It is a blatant attack on their rights to peaceful expression and association. Everyone, including the political opposition, have a legitimate right to take part in public affairs and should not be silenced just because the authorities don’t like it,” said Josef Benedict, CIVICUS’s Asia Pacific researcher.

We are also concerned about reports that a volunteer for National Federation Party was arrested on 28 July after a raid on his home, linked to his opposition to the law, and detained at Totogo Police Station. He must be released immediately.

Civic space in Fiji is currently rated as ‘Obstructed’ by the CIVICUS Monitor. The harassment of the pollical opposition takes place in the context of restrictions on freedom of expression and other human rights violations in Fiji. Sedition provisions in the Crimes Act and the Public Order (Amendment) Act have been used to target journalists, activists and government critics. Further, the right to peaceful assembly has been arbitrarily restricted with the use of the Public Order (Amendment) Act 2014.

Background

There has been widespread protest from politicians, public figures and many in the community over the government’s intention to amend the iTaukei Land Trust Act. At the moment, any individual leasing land or wishing to make changes to a lease must do so through the iTaukei Land Trust Board, which was established to protect indigenous landowners’ rights – but the amendment reduces the Board’s powers to regulate those changes.

The NGO Coalition on Human Rights (NGOCHR) has demanded greater consultation and collaboration with all relevant stakeholders regarding any proposed changes to the law.

🇹🇳#Tunisia: Authorities must exercise restraint amidst political tensions & refrain from the use of excessive force.

Our statement on the recent events & concerns about emergency powers being used to stifle democracy: https://t.co/VpKQo8CPlc pic.twitter.com/jPrwW5333b

— CIVICUS (@CIVICUSalliance) July 30, 2021

French | Arabic

Tunisian authorities must refrain from the use of excessive force amid political tensions. 
 
On 25 July people took to the streets in several cities in Tunisia expressing concerns over the government’s response to the COVID-19 pandemic, the roll out of vaccinations and the dire economic situation that Tunisians are facing.

CIVICUS, a global alliance for civil society, is concerned about the violent attacks against protesters in Tunisia and calls on Tunisian authorities to exercise restraint amidst political tensions and to respect human rights.  

Following a day of anti-government protests, President Kais Saied proceeded to invoke emergency powers, most of which are against Tunisia’s constitution suspending Parliament for 30 days and dismissing Prime Minister Hichem Mechichi. The ministers of Justice and Defence were also dismissed. A month-long curfew was imposed together with additional restrictions which prevent people from moving between cities outside of the curfew except for urgent health reasons. The authorities have also imposed restrictions on freedom of peaceful assembly prohibiting gatherings of more than three people in public places.

On 26 July, 20 heavily armed police officers  raided the offices of international media outlet, Al-Jazeera, confiscated equipment and expelled staff from its premises. This raises serious concerns for press freedoms in the country.

“President Saied should not use the current crisis and emergency powers to stifle democracy including, freedoms of expression and peaceful assembly in Tunisia. The consistent use of violence against peaceful protesters is  a worrying trend and the use of emergency measures to limit fundamental rights, under the guise of the COVID19 pandemic are an affront to democracy and a serious threat to gains made during pro-democracy protests ten years ago,” said Aarti Narsee, civic space researcher. 

The imposition of current emergency measures in response to anti-government protests is reminiscent of an ongoing trend where demonstrations highlighting concerns on social and economic issues affecting Tunisians are violently repressed by the authorities. In January 2021,  security forces used excessive force, which included tear gas, water cannon and physical violence, against protesters, with one protester being killed as a result and thousands were arrested, including minors. Authorities also targeted human rights defenders and those who spoke out about the dire economic situation in Tunisia.

Background:
Civic space restrictions continue in Tunisia ten years after protests forced a political transition and human rights defenders, journalists and activists who raise concerns over human rights violations are targeted by the authorities. Freedom of assembly has been significantly curtailed under Covid-19-related emergency measures which have banned gatherings at different times.  In October 2020 security forces violently repressed peaceful protesters who demonstrated against legislation that would grant immunity to security personnel in front of Parliament in Tunis. Most of the protests are driven by the impact of a deteriorating economy, increases in the prices of basic communities and high levels of impunity enjoyed by security forces. After Sunday’s protests the President has assumed executive authority with the help of a new Prime Minister which he is going to select. In principle, the Prime Minister should be elected by Parliament, which is controlled by the Ennahda party, with which the President has a long standing feud.

Civic space in Tunisia is rated as Obstructed by the CIVICUS Monitor.

Russian

On 9 July 2021, Buzurgmehr Yorov, a Tajikistani human rights lawyer and outspoken critic of the government, will mark his 50th birthday behind bars.  Yorov was wrongfully imprisoned in September 2015 and sentenced to 22 years on trumped-up charges. Ahead of this milestone birthday,  human rights organisations CIVICUS and the International Partnership of Human Rights (IPHR) call for his immediate and unconditional release.

In 2015, Buzurgmehr was arrested after representing members and leaders of the banned opposition party, the Islamic Renaissance Party of Tajikistan (IRTP). Following his arrest, he was interrogated for ten hours and allegedly beaten. He was then detained for eight months before his trial began - during this time he was physically abused and held in solitary confinement on many occasions.  

In a series of closed and unfair trials held between October 2016 and August 2017, the human rights lawyer was convicted on various charges, including overthrowing the government, inciting unrest, and insulting the President and government officials. Although his sentence was reduced by six years in November 2019 to mark the 25th anniversary of Tajikistan’s constitution, he is currently being held in the Strict Regime Prison Colony No.1 in Dushanbe.

In May 2019, the UN Human Rights Council concluded that Buzurgmehr’s arbitrary detention is against international law, and it called on the Tajikistan authorities to release him immediately. 

“The Tajikistani authorities use intimidation, harassment, arbitrary arrest, threats and criminal prosecution to pressure independent lawyers to drop or refrain from taking up cases and issues considered to be politically sensitive. Burzurgmehr Yorov was brave enough to try to do his job despite this pressure. The international community should urge the Tajikistani authorities to implement UN recommendations and release him immediately,” said Brigitte Dufour, Director of IPHR. 

Buzurgmehr has repeatedly been subjected to torture and ill-treatment in detention, including severe beatings and periods in solitary confinement. His family are particularly concerned about his health during the COVID-19 pandemic, as several fellow prisoners have contracted the virus and died.  

Buzurgmehr Yorov has been a vocal critic of government abuse and has been awarded numerous international prizes in recognition of his contribution to democratic and civil rights in Tajikistan. After founding Sipar law firm in 2007, he frequently represented government critics and provided legal assistance to victims of human rights violations. 

Buzurgmehr’s family recalls one occasion before his detention - when the police demanded he accompanies them to the station, Buzurgmehr replied, "Here, in the office of the bar, there are people who came from afar, from different parts of the country to see me. I will never make them wait just because I am urgently called to talk to the head of the Interior Ministry’s Department for Combating Organized Crime. Even if President Emomali Rahmon invites me to talk - until I fulfill my duties to clients, I'm not going anywhere."

Buzurgmehr’s detention marks a concerning trend in Tajikistan, where independent lawyers are increasingly facing intimidation, harassment, arbitrary arrest, threats, and criminal prosecution, in an attempt to stop them from taking on politically sensitive cases.  

“It is outrageous that Buzurgmehr Yorov and other lawyers in Tajikistan are being unfairly targeted and intimidated simply for doing their job - they play a vital role in protecting the fundamental freedoms of Tajik people. The authorities in Tajikistan must release him immediately and ensure that all lawyers are able to perform their professional duties without fear of reprisal,” said David Kode, Advocacy and Campaigns Lead at CIVICUS.  

Buzurgmehr Yorov is one of the faces of CIVICUS’s international #StandAsMyWitness campaign, calling for the release of imprisoned human rights defenders across the world. Ahead of Buzurgmehr Yorov’s 50th birthday, CIVICUS and IPHR join calls for his immediate and unconditional release. The international community must continue to put pressure on the Tajikistani authorities to improve the situation of lawyers in the country and to respect fundamental rights.

Tajikistan is rated as ‘repressed’ by the CIVICUS Monitor, CIVICUS’s online platform that measures civic freedoms, including the freedoms of expression, association, and assembly, in every country across the world.

INTERVIEWS

For more information or to arrange an interview with Buzurgmehr Yorov’s brother, or CIVICUS and IPHR, please contact:

and Mobile/Whatsapp: +27 (0)78 501 3500

+ 33 7 50803812  and/or  +33698744161

ABOUT CIVICUS

CIVICUS is a global alliance of over 10,000 civil society organisations and activists dedicated to strengthening citizen action and civil society throughout the world.

ABOUT IPHR

International Partnership for Human Rights (IPHR) is an independent, non-governmental organization founded in 2008 and based in Brussels, which works in partnership with civil society organizations in the former Soviet Union to raise human rights concerns at the international level and promote respect for the rights of vulnerable communities. 

New research on the state of civic freedoms in Hong Kong - a look at restrictions over the past year

CIVICUS, the global civil society alliance, is extremely concerned about the alarming regression of civic freedoms in Hong Kong. One year one from the passage of the draconian National Security Law, our research shows it has been weaponised to target dozens of pro-democracy activists and has created a chilling effect within civil society.

The National Security Law (NSL) punishes four types of activities: secession, subversion, terrorism and collusion with “foreign forces”, all carrying a maximum sentence of life in prison. These offences are vaguely defined and can easily become catch-all offences to prosecute activists and critics with potentially heavy penalties.

The NSL establishes new national security bodies which are partially or fully controlled by People’s Republic of China (PRC) officials, in violation of the Basic Law. It gives Hong Kong police sweeping new powers including to conduct warrantless searches and covert surveillance, and to seize travel documents of those suspected of violating the security law. The law also contravenes the UN Basic Principles on the Independence of the Judiciary and undermines the right to a fair trial by a competent, independent and impartial tribunal, guaranteed under Article 14 of the International Covenant on Civil and Political Rights (ICCPR).

"The national security law has become the most dangerous threat to civic freedoms in Hong Kong and has allowed for any form of dissent to be criminalised. The law has increased the climate of fear in Hong Kong and has been weaponised to target government critics, including people who are merely expressing their views or protesting peacefully”, said David Kode, Head of Advocacy at CIVICUS

More than a hundred people have been arrested under the National Security Law including pro-democracy activists, former lawmakers, lawyers, journalists and students. Activists have been accused of inciting or abetting secession or subversion just for showing leaflets and banners with reference to Hong Kong Independence or for their social media posts. 

In January 2021, 55 people, including pro-democracy activists, opposition candidates, former lawmakers and lawyers, were arrested and detained under law for ‘subversion’ for holding and participating in primary elections held by Hong Kong’s pro-democratic party in July 2020. 47 of the activists have been charged.

The NSL has also dramatically changed the environment for civil society in Hong Kong, greatly impeding the ability of civil society to carry out their work. Some have quit on the eve of the law’s introduction while others have exercised greater caution in their activities. The chilling effect of the crackdown on the entire sector cannot be overstated.

The law has also been deployed against the media. Media owner Jimmy Lai, the founder of Apple Daily, a major pro-democracy newspaper, has been detained since December 2020. He is facing multiple charges, including ‘colluding with foreign forces’. In May 2021, authorities announced they had frozen assets belonging to Lai under the national security law marking the first time a company has been targeted by the controversial legislation.  On 17 June, six of the newspaper’s staff and executives were arrested for their role in the publication of more than 30 articles that called on foreign countries to impose sanctions. All were charged under the NSL. Apple Daily ceased operations on 26 June.

“The use of the national security law to silence activism is a violation of international law. The repression against pro-democracy activists and other critics has led to the dismantling of civil society in Hong Kong, forcing many to flee the territory. The international community must not remain silent in the face of such abuses but must stand up and stand in solidarity with those defending human rights” said David Kode.

Since 2019, the Hong Kong authorities have also deployed other laws to criminalise peaceful protests in particular the Public Order Ordinance which has been used to charge activists holding and participating in an ‘unauthorised assembly’, It carries a maximum five-year sentence.  The UN Human Rights Committee has criticised the law, saying that “it may facilitate excessive restriction” to basic rights. 

Pro-democracy activist Joshua Wong was sentenced to 13 and a half months in December 2020 for a mass protest outside a police station in June 2019. Wong’s long-time fellow activists Agnes Chow and Ivan Lam were also sentenced to 10 and seven months in prison for ‘incitement,’ referring to their use of a megaphone to shout slogans during the protest. 

In April 2021, the courts sentenced ten pro-democracy activists to between eight and 18 months in prison for gatherings that were part of a series of mass protests triggered by the proposed Extradition Bill. In May 2021, eight activists were sentenced for organising a protest in October 2019. More recently, On 4 June 2021, the authorities banned the annual Tiananmen massacre vigil for a second straight year and arrested barrister and activist Chow Hang Tung for breaching section 17A(1D) of the Public Order Ordinance by ‘promoting an unauthorised assembly’. 

More information

Download the Hong Kong research brief here.

Interviews

To arrange interviews, please contact Josef Benedict, CIVICUS Asia-Pacific Civic Space Researcher  and 

OUT NOW! New State of Civil Society Report looks at where people have mobilised to demand more just, equal & sustainable societies during the pandemic.

Learn more about the key movements & breakthroughs:https://t.co/0VZcq5TQQo | #CivilSocietyInAction pic.twitter.com/rPJBP08JVo

— CIVICUS (@CIVICUSalliance) May 26, 2021

As COVID-19 swept the globe, deepening existing fault-lines in societies and generating fear and uncertainty, many governments used the pandemic as a pretext to clamp down on civic freedoms, sparking protests in many countries. The annual State of Civil Society Report 2021, by global civil society alliance CIVICUS, shows that despite the odds, millions of people around the world mobilised to demand more just, equal and sustainable societies during the pandemic.

• Judicial persecution of journalists and activists
• Recent legislative and presidential elections marred by protests, violence and human rights violations.
• A number of opposition members either arrested or in exile
• 5th country in West Africa to be downgraded over the past 6 months

Benin has been downgraded from Obstructed to Repressed by the CIVICUS Monitor, an online platform that tracks violations to civic freedoms, including the freedoms of expression, association and assembly, in every country across the world.  A ‘Repressed’ rating means that in Benin there are serious restrictions to fundamental freedoms.

“Activists, journalists and members of the opposition have been threatened and persecuted,” said human rights activist John Gbenagnon. “Harassment through arbitrary arrest, detention, targeted use of legal and regulatory measures and restrictions on finances has become a common experience for many human rights activists and opposition members in Benin.”

Democratic  freedoms  in Benin have deteriorated under President Patrice Talon’s administration, who was recently re-elected in April 2021 after a controversial election characterised by the absence of main opposition candidates.

Many opposition candidates were excluded from the presidential ballot after a new electoral law, adopted in the absence of opposition parties in the National Assembly, required presidential candidates to be ‘sponsored’ by at least 10 percent of parliament members and/ or mayors. Several opposition members have been arrested in the past few months, while others remain in exile or were disqualified from participating. The exclusion of opposition parties from elections sparked protests and violence a few days before the vote, killing at least two people in Savè.

The CIVICUS Monitor is concerned that the deterioration of rights around elections has become a common theme in Benin. Previous legislative elections, in April 2019, were marred by civic space violations, including an internet shutdown and the use of excessive and lethal force  against protesters; protests were banned in many localities and demonstrators were arbitrarily arrested and detained. Among those arrested and prosecuted was trade unionist Joseph Aïmasse, from Confédération Syndicale des Travailleurs du Bénin, who was sentenced on 1 April 2019 to two months in prison and a 360 USD fine for having called for an ‘unauthorised protest’.

Arrests and targeting of those with views contrary to the state have become more common in Benin. The vaguely-worded 2018 Digital Code, recently criticised by the United Nations Working Group on Arbitrary Detentions, is being used as a tool to arrest and prosecute bloggers, journalists and opposition members. Under this law, prominent investigative journalist Ignace Sossou was arrested and sentenced in December 2019  to an initial prison sentence of 18 months and a fine; Sossou was charged with ‘harassment via electronic means‘ after quoting the public prosecutor on Twitter during a media workshop.

Media freedoms are increasingly under threat in Benin. The country’s national media regulator, Haute Autorité de l’Audovisuel et de la Communication (HAAC), has arbitrarily sanctioned media outlets and journalists. For example, in December 2019 Radio Soleil, owned by an opposition leader, was ordered to ‘suspend broadcasts’ until further notice after the HAAC rejected the station’s application to renew its license.

In a particularly regressive step for justice, in April 2020 Benin withdrew from a specific article of the African Court on Human and Peoples’ Rights (ACHPR) Protocol, that prevents individuals and CSOs from submitting complaints directly to the Court.

Benin’s civic space downgrade  mirrors a decline in democratic freedoms across West Africa:  Côte d'Ivoire, Guinea, Niger and Togo were downgraded from Obstructed to Repressed in December 2020, indicating a worrying trend in the region. 

All five countries had presidential elections in 2020 and 2021, mostly fraught by controversy, civic space violations and increased political tension. In 2019, Nigeria had its rating changed to Repressed, a year after Senegal also saw its rating deteriorate from ‘Narrowed’ to Obstructed.

CIVICUS MONITOR CIVIC SPACE RATINGS:

Global civil society alliance CIVICUS is extremely concerned by the escalation of repression of critical voices by the Malaysian authorities in recent weeks. These cases highlight an increasing intolerance for dissent by the government as they seek to hold on to power and is creating a chilling effect on freedom of expression and peaceful assembly.

On 23 April 2021, the police arrested activist and artist Fahmi Reza under Section 4(1) of the draconian Sedition Act and Section 233 of the Communications and Multimedia Act (CMA) in relation to a satirical Spotify playlist about the Queen. He was released the day after, but the investigation is ongoing. Previously, in March 2021, he was questioned by the police about two caricatures of the Health Minister, that he posted on multiple social media platforms.

On 28 April, it was reported that another cartoonist, Zulkifli Anwar Ulhaque - who goes by the pen name Zunar -  is also being investigated by the police over a satirical drawing in January 2021 that mocked the Kedah state Chief Minister for his decision to cancel a holiday to mark a Hindu festival. Officials had defended cancelling the holiday, blaming the coronavirus pandemic. He is being investigated under Section 505c of the Penal Code for ‘incitement’ and Section 233 of the CMA.

“The Malaysian authorities have become so fearful of dissent that anyone who dares to speak out including artists and cartoonists face judicial harassment. The government must end this absurd probe of Fahmi Reza and Zunar, halt its use of restrictive laws and respect the right to freedom of expression that is guaranteed in the constitution”, said Josef Benedict, Asia Pacific researcher for CIVICUS.

The authorities have also sought to harass peaceful protesters for exercising their fundamental freedoms. On 29 March, police summoned 11 individuals to give a statement for a peaceful protest held outside parliament to protest the Election Commission’s (EC) delay in implementing the 18-year voting age. Those hauled up include the organisers and opposition politicians. According to reports they are being investigated under Section 9(5) of the Peaceful Assembly Act 2012, for gathering without notification.

On 1 May, it was reported that police want to question eight people for attending a solidarity gathering for activist Fahmi Reza. The gathering was held on 14 April outside the Dang Wangi district police headquarters after police detained Fahmi overnight. The eight include one parliamentarian, two politicians, and five civil society members. Those from civil society include SUARAM executive director Sevan Doraisamy, youth activist Wong Yan Ke, ARTICLE 19 Malaysia programme officer E. Nalini, EDICT executive director Khalid Mohd Ismath, and activist Numan Afifi Saadan.

On the same day, the police said it will be calling up around 90 participants of a physically distanced sit-in protest in front of the Parliament on 30 April, where participants broke their fast together for the Muslim holy month of Ramadan. The rally was held to call for the reopening of Parliament, which had been suspended following the January 2021 declaration of a State of Emergency, purportedly to deal with the pandemic. This emergency has been questioned by civil society who have accused the Prime Minister of using the pandemic to cling to power by preventing the parliament from convening and determining if he still has the majority to form a government.

“The harassment of peaceful protesters highlights the shrinking space for fundamental freedoms under the Perikatan Nasional government. The questioning of these individuals is aimed at creating a climate of fear and stifling criticism of the government and must end. As a country that is seeking membership of the Human Rights Council, these actions clearly run contrary of international human rights law and standards that such as body is supposed to protect,” said Benedict.

In a joint report with Article 19, released in March 2021, our organisations found that the Perikatan Nasional government has undermined and obstructed the exercise of fundamental freedoms. It has initiated baseless criminal proceedings against government critics, human rights defenders, journalists, and individuals expressing critical opinions. It has also attempted to silence peaceful protesters and also impede the formation of political parties to keep itself in power.

Civic space in Malaysia is rated as ‘obstructed’ by the CIVICUS Monitor.

Photo by Brenton Geach/Gallo Images via Getty Images

It has been almost thirty years since Freedom Day was first introduced in South Africa but still the fundamental freedoms of many people are being curtailed - particularly the rights and freedoms of people within the LGBTQI+ community. On Freedom Day, global civil society alliance CIVICUS would like to draw attention to these brutal murders by calling on the South African government to guarantee the safety and protection of all LGBTQI+ members in the country, as enshrined in the constitution.

There has been a recent spate of violent attacks against LGBTQI+ people and at least 6 known murders in the last few months. Gay man Lonwabo Jack was sexually assaulted and stabbed on his 22nd birthday in mid-April. A few weeks before this attack, 34-year old Sphamandla Khoza was brutally stabbed to death in his hometown of Ntuzuma, KwaZulu-Natal, while 40-year-old Andile “Lulu” Ntuthela was butchered and dumped in a shallow grave in Uitenhage, the Eastern Cape.

South Africa has been lauded as a champion for LGBTQI+ rights in the continent because of its progressive legal framework that recognises same sex marriage and full equality for everybody. However, in reality the situation of LGBTQI+ rights has been deteriorating, with LGBTQI+ rights campaigners and individuals living and operating in a hostile environment characterised by hate speech, death threats and killings. 

On Freedom Day, to make freedom and equality a reality for the LGBTQI+ community across the country, CIVICUS is calling on the South African government to:

• Guarantee the safety and protection of all LGBTQI+ members in the country as enshrined in the constitution;
• Conduct independent investigations into all cases of those killed and bring the perpetrators to justice;
• Fast track the implementation of the Hate Speech and Hate Crimes Bill;
• Invest in gender sensitisation workshops for rural communities to foster harmony and understanding of the LGBTQI+ community;
• Appoint an LGBTQI+ rights expert to monitor the situation of LGBTQI+ rights defenders in South Africa, and ensure an enabling environment for LGBTQI+ rights organisations and human rights defenders to operate.

South Africa is rated as 'narrowed' on the CIVICUS Monitor, an online platform that tracks civic freedoms, including the freedoms of speech, association and assembly, in countries across the world.

INTERVIEWS

To arrange an interview with Mawethu Nkosana, CIVICUS LGBTQI+ Lead, please contact:
  Mobile/Whatsapp: +27(0)78 501 3500

ABOUT CIVICUS

CIVICUS is a global civil alliance of over 10,000 civil society organisations and activists, dedicated to strengthening citizen action and civil society across the world. CIVICUS Headquarters is in Johannesburg.

Arabic

• On April 5 Bahraini human rights defender Abdul-Hadi al-Khawaja turns 60
• 2021 marks 10 years since Bahraini pro-democracy protests
• Abdul-Hadi’s family concerned about his fragile health in prison during pandemic

On 5 April 2021 prominent Bahraini human rights defender Abdul-Hadi al-Khawaja turns 60. A few days after his birthday, 9 April, marks ten years since he was first arrested for organising protests calling for political reforms in 2011. On his birthday, 10 human rights organisations from across the globe call for the unconditional and immediate release of Abdul- Hadi.

This year marks the 10th anniversary of pro-democracy protests which began in Bahrain’s capital, Manama, in February 2011. The demonstrations were brutally suppressed by the authorities resulting in the deaths of nearly 100 people and the arrest of thousands. Abdul-Hadi al-Khawaja was part of the “Bahrain 13”, a group of well-known opposition leaders arrested in March and April 2011 after calling for civil and political rights during the February uprising. A Bahraini military court sentenced them to life imprisonment in what is widely regarded as a series of unfair trials. 

"In Bahrain, Abdul-Hadi al-Khawaja is turning 60. After 10 years of unjustified incarceration, mistreatment, and abuse, it will hardly be a happy occasion. But it is a moment to raise our voices, yet again, to call for an end to this inhumanity, to this injustice, and to demand his immediate release.” Annie Game, Executive Director, IFEX.

While in prison, Abdul-Hadi has been systematically tortured, physically and sexually abused and subjected to lengthy solitary confinement. Security personnel have also made sexual threats against his wife and daughter. A recent report by the Bahrain Center for Human Rights (BCHR) and Gulf Centre for Human Rights (GCHR) shows those responsible for torturing and injuring the Bahraini human rights defender and other activists have never been held to account. 

“Bahrain continues to act in complete impunity, holding Abdul-Hadi al-Khawaja in detention for his peaceful work. While authorities continue to paint themselves as progressive through sports-washing and standing for council at the UNHRC, the true marker of their commitment to human rights is the immediate and unconditional release of all detained defenders, including al-Khawaja.” David Kode, Advocacy and Campaigns Lead, CIVICUS.

Abdul-Hadi al-Khawaja has repeatedly gone on hunger strikes to protest his detention and his health has significantly deteriorated during the last ten years. Abdul- Hadi’s family are increasingly concerned about his well-being while in prison, where the cramped and unsanitary conditions put him at risk of contracting COVID-19:

“My colleague Abdul-Hadi is one of the few MENA defenders who sacrificed everything they possessed for their peaceful and legitimate human rights work. His achievements must be celebrated. Prison is not the place for him - he needs a free space in which he will be able to offer his rich experience in building our societies on the basis of social justice and respect for the civil and human rights of citizens.” Khalid Ibrahim, Executive Director, GCHR.

"Throughout the past decade we have missed him greatly, and have feared for his life. But today it has become worse, we have not seen him for more than a year as all visits have been cancelled, and fear his imprisonment could be a death sentence at a time when the pandemic is spreading inside Jau prison. Is a brutal arrest, severe torture and a 10 years imprisonment not enough punishment for a person whose only crime is peacefully calling for democracy and human rights? Is it not time for him to come home?" al-Khawaja family.

Abdul-Hadi is former President of the Bahrain Centre for Human Rights, Co-Founder of the Gulf Centre for Human Rights and in 2005 was named activist of the year by the Arab Program for Human Rights Activists. He should never have been arrested for organising peaceful protests and for campaigning for freedom and democracy. 

To mark the 60th birthday of Abdul-Hadi al-Khawaja, CIVICUS and other human rights organisations calls on the Bahraini authorities to drop Abdul- Hadi Al-Khawaja’s life sentence and to unconditionally release him and other human right defenders. Reflecting on the need for urgent intervention, Nedal Al-Salman from the Bahrain Centre for Human Rights said, “now is the time to join forces and work in collective action. We cannot afford to fail in our calls to have al-Khawaja released, especially as 10 years have passed.”

Abdul-Hadi will also be added as one of the ‘faces’ of CIVICUS’s #StandAsMyWitness campaign, which calls for the release of imprisoned human rights defenders across the globe.

INTERVIEWS

Interviews available:

• Maryam al-Khawaja, daughter of Abdul-Hadi al-Khawaja
• Brian Dooley, UN Special Rapporteur on Human Rights Defenders
• Bahrain Center for Human Rights; Americans for Democracy and Human Rights in Bahrain
• Lars Aslan Rasmussen, Human Rights Activist & Member of The Social Democratic Party

To arrange an interview or for more information please contact:  

ABOUT CIVICUS

CIVICUS is a global alliance of more than 10,000 civil society organisations dedicated to strengthening citizen action and civil society across the world.

----ENDS----

• 15 March marks one year in detention for rights activist Teresita Naul
• Philippines Human Rights Commission says Teresita was wrongfully ‘red-tagged’
• Teresita’s daughter fears for her mother’s life in prison

Arabic

The sentencing of human rights defender and LGBTQI+ activist Rania Amdouni to six months in prison by a court in Tunis on 4 March 2021 for participating in peaceful protests calling for social and economic justice is an attack on the rights to freedom of expression and assembly in Tunisia. Rania is a member of Damj,

the Tunisian Association for Justice and Equality, and was sentenced on charges of “insulting police and abuse of morals,” after participating in ongoing protests. 

A decade after the Arab Spring spread across the Middle East, Tunisia is still suppressing fundamental democratic freedoms.  Ongoing protests that have swept Tunisia since 15 January 2021, calling for an end to corruption and policy brutality, and urging the government to implement social and economic reforms. More than 1600 protesters have been arrested so far with major concerns that security forces are specifically targeting members of the LGBTQI+ community.  

Rania had been monitored and targeted by security forces after she became a visible part of the protests, before finally being arrested on 27 February 2021.

“Ten years after the Arab Spring that led to major changes in the political dynamics in Tunisia, the Tunisian authorities are still trampling on the same rights protesters demonstrated.  The arrests of protesters and unlawful sentencing of activists like Rania Amdouni is an indication that not much has changed in terms of human rights over the last ten years,” said Masana Ndinga-Kanga, CIVICUS Advocacy Lead for the Middle East and North Africa, “Rania Amdouni and all those arrested in relation to the protests should be released immediately.”

Many of those arrested for their role in the protests have been subjected to physical abuse, threats and intimidation during the protests or in detention centers.  Those in detention centers are kept in crowded and unsanitary conditions, exposing them to COVID-19. Many others have fled the country or have been forced to self-censor to avoid violent repercussions.

Global civil society alliance CIVICUS calls on the Tunisian authorities to release Rania Amdouni and other activists immediately, and to stop violently suppressing protests.

Background

Demonstrations in Tunisia started on 15 January 2021 as protesters raised concerns over increasing levels of corruption and inequality and called for social and economic reforms.  The protests spread in response to the violent attacks against demonstrators by security forces.  Some activists have resorted to self-censorship due to an increase in online harassment and civil society groups are calling on the Tunisian authorities to investigate all allegations of violence against protesters.

For more information on civic space violations, visit the Tunisian country page on the CIVICUS Monitor

Photo: Flickr/Amine GHRABI

The Bangladeshi authorities must end their escalating crackdown on human rights, and respect and protect people’s rights to freedom of expression and peaceful assembly in Bangladesh to curb protesters demanding justice for writer Mushtaq Ahmed’s death in prison on 25 February, the nine undersigned human rights organizations said in a joint statement today.

Ahmed, 53, was a Bangladeshi writer held in pre-trial arbitrary detention for nine months under the draconian Digital Security Act of 2018 (“DSA”), following his arrest in May 2020 for Facebook posts and social media communications that were deemed critical of the government. The death in prison of Mushtaq Ahmed raises serious concerns about the protection of fundamental freedoms, including the rights to life, privacy, and the right to liberty.

Ahmed Kabir Kishore, 45, a prominent Bangladeshi cartoonist was also arrested in the same case as Mushtaq. After ten months in prison, on March 3 he was granted bail and was released on March 4 but the charges against him have not been dropped. Further, there are strong reasons to believe that Ahmed Kabir Kishore has been tortured while in custody of the Rapid Action Battalion (RAB), a Bangladesh paramilitary force, which has been accused of serious human rights violations in the past. In addition to no longer being able to hear on his right ear, he also has difficulty walking due to pain in his left knee and ankle. Furthermore, Ahmed Kabir Kishore is diabetic and has been suffering from severely high levels of blood sugar during his detention. Without urgent and proper medical attention, he is at risk of visual impairment due to his deteriorating health.

In light of these developments, the organizations call on Bangladeshi authorities to conduct prompt, thorough, impartial, and transparent investigations into the death in prison of writer Mushtaq Ahmed and the allegations of torture against cartoonist Ahmed Kabir Kishore. Perpetrators must be identified and brought to justice.

Authorities must also unconditionally and permanently release Ahmed Kabir Kishore, end the practice of arbitrary, pre-trial detention of people solely for the peaceful exercise of their right to freedom of expression. 

Mushtaq Ahmed and Ahmed Kabir Kishore are among hundreds of victims whom the Bangladeshi authorities have held in detention under the DSA. Nine others have been accused in the same case for publishing “false information” and “propaganda against the liberation war, the spirit of liberation war, father of the nation”, which could “deteriorate law and order” by “supporting or organizing crime” under sections 21, 25, 31 and 35 respectively of the DSA. If convicted, they could face up to 10 years in prison and fines of up to 10 million Bangladeshi takas (equivalent to USD 115,891). These vaguely defined provisions of the law are incompatible with international human rights law and are being used to criminalize freedom of expression. The organization urge the Bangladeshi government to repeal the DSA - under which both Ahmed and Kishore were charged. All digital and cybersecurity laws must conform to international human rights law including the International Covenant on Civil and Political Rights.

The undersigned organizations also expressed concern over reports of police violence on peaceful protestors, including activists of opposition political parties, who took to the streets to demand justice for Mushtaq Ahmed’s death in prison. The violent crackdown by police has left hundreds of protesters injured, dozens detained, and several others accused of charges, including attempted murder. Bangladeshi authorities must respect and protect the people’s rights, including the rights to freedom of expression, peaceful assembly, and liberty. Authorities must drop all charges against the peaceful protesters, and immediately and unconditionally release those detained.

To protect and respect the human rights, individual states should urge the Bangladeshi authorities to address the allegations of grave human rights violations being committed in Bangladesh. The international community should impose targeted sanctions on those responsible for grave human rights violations in Bangladesh. Given the concerning record of human rights abuses committed by Bangladesh’s security forces and law-enforcement agencies, the UN should review their participation in UN Peacekeeping Operations.

This statement is endorsed by the Asian Federation Against Involuntary Disappearances (AFAD), Asian Forum for Human Rights and Development (FORUM-ASIA), Asian Human Rights Commission (AHRC), Asian Network for Free Election (ANFREL), CIVICUS: World Alliance for Citizen Participation, Eleos Justice - Monash University, FIDH: International Federation for Human Rights (within the framework of the Observatory for the Protection of Human Rights Defenders), OMCT: World Organisation Against Torture, (within the framework of the Observatory for the Protection of Human Rights Defenders), Robert F. Kennedy Human Rights.

For more information, please contact:

For the Asian Federation Against Involuntary Disappearances (AFAD), Nilda L. Sevilla;  Email:  

For Asian Forum for Human Rights and Development (FORUM-ASIA), in Bangkok, Melissa Ananthraj, Communication and Media Programme, .

For Asian Human Rights Commission (AHRC), in Hong Kong, Mohammad Ashrafuzzaman (Bangla & English): +852 6073 2807 (Mobile);

Asian Network for Free Election (ANFREL), Chandanie Watawala, Email:  

For CIVICUS: World Alliance for Citizen Participation, Josef Benedict, Asia Pacific Researcher (English): Email:

For Eleos Justice - Monash University, Mai Sato (English): Email:  
FIDH: International Federation for Human Rights, within the framework of the Observatory for the Protection of Human Rights Defenders

OMCT: World Organisation Against Torture), within the framework of the Observatory for the Protection of Human Rights Defenders,  Iolanda Jaquemet Email:

For Robert F. Kennedy Human Rights, in Washington, DC, Minhee Cho, Media Relations Associate (English):

The CIVICUS Monitor, an online platform that tracks threats to civil society in countries across the globe, rates civic space – the space for civil society – in Bangladesh as Repressed. 

Joint research report on the state of civic freedoms in Malaysia

The Perikatan Nasional government has undermined and obstructed the exercise of fundamental freedoms during its first twelve months in power, said ARTICLE 19 and CIVICUS in a new report published today. The government has not only failed to reform or repeal laws that restrict the rights to freedom of expression, peaceful assembly, and association but has initiated baseless criminal proceedings against government critics, human rights defenders, journalists, and individuals expressing critical opinions.

The report, “Rights in Reverse: One year under the Perikatan Nasional government in Malaysia”, highlights the Perikatan Nasional government’s record during its first year in power against its obligation to respect, protect, and fulfil the rights to freedom of expression, peaceful assembly, and association. The report highlights the government’s sustained use of repressive laws and provisions to silence dissent amid a global pandemic, when press freedom and civil society is needed more than ever to ensure reliable information and to hold the state accountable.

“The Perikatan Nasional government has been extremely secretive about its legislative agenda but has been crystal clear about its intention to continue using repressive laws to target critics and dissenters,” said Nalini Elumalai, ARTICLE 19’s Malaysia Programme Officer. “A healthy environment for public discourse cannot be achieved until dissenting and unpopular opinions are respected and protected instead of silenced.”

Over the past year, authorities have aggressively applied the Sedition Act 1948 and Communications and Multimedia Act 1998 (CMA) to investigate, arrest, charge, and convict individuals who have criticized government officials or Malaysian royalty, or who have shared opinions about sensitive issues such as race and religion. Between March 2020 and February 2021, ARTICLE 19 and CIVICUS recorded 66 cases involving 77 individuals who have been investigated or charged under the two laws because of their exercise of the right to freedom of expression. Over this period, at least 12 people were convicted under the CMA.

Press freedom has also declined sharply during the Perikatan Nasional government’s first year in power. This trend was highlighted by Malaysiakini’s conviction on contempt of court charges in relation to third-party comments made on its website, the unprecedented witch-hunt against Al Jazeera journalists investigating the treatment of migrants workers during the COVID-19 pandemic, and the targeting of journalists reporting on the actions and statements of government officials. The harassment and intimidation of journalists further demonstrates the shrinking space for free and independent media in Malaysia.

In addition to journalists, the authorities have harassed, investigated, and arbitrarily detained human rights defenders, peaceful protesters, women’s rights activists, and union leaders in an effort to silence civil society voices.

The legal framework governing the exercise of freedom of assembly and association remains highly restrictive and excessively burdensome.

The Peaceful Assembly Act falls shorts of international law and standards and denies the right to protest to children and non-citizens. It also fails to allow for spontaneous assemblies. The last year saw peaceful protesters being investigated and arrested, including health workers protesting their lack of access to adequate personal protective equipment during the COVID-19 pandemic.

The Societies Act has continued to stand in the way of enjoyment of the right to freedom of association, which is critical in a democracy. The Registrar of Societies has excessive powers and has erected barriers to registration for new opposition political parties such as Muda and Pejuang and civil society groups while simultaneously fast-tracking the registration of the Perikatan Nasional.

“The Perikatan government has attempted to silence peaceful protesters and impede the formation of political parties to keep itself in power,” said Josef Benedict, CIVICUS Researcher. “Its attempt to join the Human Rights Council cannot be taken seriously unless it takes immediate steps to remove undue restrictions on assembly and association,” Benedict added.

ARTICLE 19 and CIVICUS urge the Malaysian government to undertake a comprehensive and inclusive process of legislative and institutional reform in order to promote and protect fundamental rights and freedoms. To this end, authorities must ensure that all processes are fully transparent and facilitate full and effective participation of all concerned stakeholders, including civil society.

Malaysia’s reform process must be informed by relevant international human rights standards. The Perikatan National government should take concrete steps towards the ratification of core human rights treaties, including the International Covenant on Civil and Political Rights.

For further information:

• Nalini Elumalai, ARTICLE 19 Malaysia Program Officer,
• Josef Benedict, CIVICUS Civic Space Researcher,

More information

The space for civil society in Malaysia is rated as ‘Obstructed’ by the CIVICUS Monitor, an online platform that tracks civic space in every country. An Obstructed rating for civic space means that democratic freedoms – such as the freedoms of expression, peaceful assembly and association – face a combination of legal and practical constraints in Malaysia.

• Rights groups call for release of Professor Ismail ahead of bail hearing on 5 March
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• Police evidence questioned by Pakistan National Assembly's Human Rights Committee

• Anti-terrorism court refuses bail to Professor Muhammad Ismail despite his fragile post-COVID health 
• Professor Ismail and family persecuted due to human rights work in Pakistan
• Ismail added to #StandAsMyWitness campaign calling for release of imprisoned activists 

• 13 February 2021 marks Sudha Bharadwaj’s 900th day in pre-trial detention
• Questions raised about validity of letters used to incriminate Sudha
• Indian authorities have limited the number of books she can receive

February 13 marks 900 days since Indian activist Sudha Bharadwaj was arrested and imprisoned. On this day, global civil society organisation CIVICUS calls on the Indian government to immediately release Bharadwaj and drop all charges against her. 

Since 2018, Sudha and 15 other activists, writers and lawyers have been arrested under the draconian Unlawful Activities Prevention Act (UAPA) and accused of having links with the banned Communist Party of India (Maoist). It is alleged that she and the other human rights defenders conspired to incite Dalits at a public meeting which led to violence in Bhima Koregaon village in the Pune district of Maharashtra in January 2018. 

Sudha Bharadwaj was initially placed under house arrest in August 2018 but in October 2018 was moved to Byculla Women’s Prison in Mumbai. There are serious concerns about the validity of evidence against her. This week a U.S. digital forensics firm raised questions about incriminating letters used to implicate Sudha and the other activists. The letters were found on an activist’s laptop which is thought to have been hacked. 

Sudha’s health continues to deteriorate in prison. The 59 year old suffers from diabetes, hypertension and Ischemic heart disease, making her susceptible to COVID-19 in the cramped prison. Despite underlying health issues, Bharadwaj’s pleas for bail have been quashed by the courts as the National Investigation Agency claims her condition is not serious. 

Sudha, a lawyer and rights defender, has also been denied books and newspapers in prison. A special  National Investigation Agency court finally ruled last month that Sudha can receive five books a month from outside prison. However, the judge has ordered the Superintendent of Byculla prison to “carefully examine” the books for “objectionable content” before handing them over.

“The fact that my mother, a lawyer, has been denied access to books and newspapers shows the absolute determination of the Modi government to restrict the liberties of human rights defenders. My mother has been unjustly detained for over two years without trial. We are increasingly worried about her health and demand that she be released immediately to rest at home until her case comes to court,” said Maaysha, Sudha Bharadwaj’s daughter.

The treatment of Sudha highlights the increasingly repressive measures used by Prime Minister Narendra Modi’s government to clamp down on dissent and silence human rights defenders.

In January,  the UN Human Rights office expressed serious concern about the detention of human rights defenders including those in the Bhima Koregaon case. It urged the Indian authorities to immediately release the detainees, at the very least on bail before their court hearing. While in October last year, the United Nations High Commissioner for Human Rights, Michele Bachelet, expressed concern over the use of “vaguely defined laws” to silent activists and government critics. 

“The Modi regime is abusing the Unlawful Activities Prevention Act (UAPA) and using it to round-up activists and human rights defenders on trumped-up charges and keep them for long periods in detention. Sudha is a lawyer and activist who has spent her life defending Indigenous people in India and protecting workers’ rights. She should never have been arrested but unfortunately her human rights work has put her directly in the firing line of the government,” said Josef Benedict, Asia-Pacific civic space researcher for CIVICUS.

Sudha Bharadwaj is one of a group of leading human rights defenders who feature in CIVICUS’s global campaign #StandAsMyWitness. The campaign urges people to call for an end to the imprisonment and harassment of human rights defenders across the world. People are also encouraged to share the defenders’ individual stories on social media using the hashtag #StandAsMyWitness.

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Today,  as Saudi women’s rights activist Loujain al-Hathloul spends her 1000th day in prison, global civil society alliance CIVICUS and the Free Saudi Activists coalition call for her immediate and unconditional release.