Bahrain’s Political Prisoners: Resistance Against the Odds

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Civil Society, Crime & Justice, Democracy, Featured, Headlines, Human Rights, Middle East & North Africa, TerraViva United Nations

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MONTEVIDEO, Uruguay, Sep 26 2023 (IPS) – Maryam al-Khawaja’s journey home ended before it had begun: British Airways staff stopped her boarding her flight at the request of Bahraini immigration authorities. Maryam was no regular passenger: her father is veteran human rights activist Abdulhadi al-Khawaja, in jail in Bahrain for 12 years and counting.

Abdulhadi was sentenced to life in prison on bogus terrorism charges for his role in 2011 democracy protests, part of the ‘Arab Spring’ regional wave of mobilisations. His health, weakened due to denial of medical care, has further declined as he joined other political prisoners in a hunger strike demanding improvements in prison conditions.

Emerging from the unlikeliest place – a prison designed to break wills and destroy the desire for freedom – this hunger strike has become the biggest organised protest Bahrain has seen in years.

Maryam has four judicial cases pending in Bahrain but was ready to spend years in prison if this was what it took to save her father’s life. This is far from Abdulhadi’s first hunger strike, but his family warns that his fragile health means it could be his last. In denying Maryam the chance to see her father, the Bahraini regime has reacted as those who rule by fear often do: in fear of those who aren’t afraid of them.

A prison state

The Bahraini cracked down severely on the 2011 protests, unleashing murderous security force violence to clear protest sites, arresting scores of protesters, activists and opposition leaders, subjecting them to mass trials and stripping hundreds of citizenship. It sentenced 51 people to death and has executed six, while 26 wait on death row having exhausted their appeals. Most were convicted on the basis of confessions obtained through torture.

Many of those arrested in the 2011 protests and subsequent crackdown remain behind bars. According to estimates from the Bahrain Center for Human Rights, over the past decade the government has arrested almost 15,000 people for their political views, and between 1,200 and 1,400 are still jailed, mostly in Jau prison in Manama, the capital. Abdulhadi is one of many.

On 7 August, Jau’s political prisoners went on hunger strike. Their demands include an end to solitary confinement, more time outside cells – currently they’re only allowed out for an hour a day, permission to hold prayers in congregation, amended visitation rules and access to adequate medical care and education. Over the following weeks the numbers taking part grew to more than 800. Their families took to the streets to demand their release.

On 31 August, the political prisoners extended their protest after rejecting the government’s offer of only minor improvements.

On 11 September, a two-week suspension of the strike was announced to allow the government to fulfil promises to improve conditions, including ending isolation for some prisoners. It seemed clear the government had shifted position to avoid embarrassment as Bahrain’s Crown Prince and Prime Minister Salman bin Hamad Al-Khalifa prepared to meet US President Joe Biden.

Abdulhadi, however, soon resumed his hunger strike after being denied access to a scheduled medical appointment, only to suspend it a few days later when he was promised improvements in conditions, including a cardiologist appointment. But the next day it became apparent that these were all lies, and he resumed his hunger strike. It felt, as Maryam put it, ‘like psychological warfare and an attempt to kill solidarity’.

International solidarity urgently needed

In her attempt to return to Bahrain, Maryam received strong international support. Several Bahraini, regional and international civil society groups backed a joint letter urging European Union authorities to call for the immediate and unconditional release of all Bahrain’s political prisoners. A similar letter was sent to the UK government.

In late 2022, backlash from human rights organisations forced Bahrain to withdraw its candidacy for a UN Human Rights Council seat. And earlier this year, during the Inter-Parliamentary Union’s global assembly in Bahrain, which the regime sought to use for whitewashing purposes, parliamentarians called on Bahrain to release Abdulhadi and send him to Denmark for medical treatment.

But while Bahrain’s political prisoners have many allies, some powerful voices aren’t among them.

Bahrain’s foreign allies include not only repressive autocracies such as Saudi Arabia and the United Arab Emirates but also democratic states, notably the UK and the USA, which clearly value stability and security far more highly than democracy and human rights.

Following Bahrain’s independence in 1971, the UK has continued to back the institutions it established – and has pretended to see progress towards democratic reform. In July, Bahrain’s Crown Prince made an official visit to the UK, where he met Prime Minister Rishi Sunak and signed a ‘Strategic Investment and Collaboration Partnership’ between the two countries. This included a US$1 billion investment deal in the UK. Barely a month before the start of the hunger strike, Sunak welcomed ‘progress on domestic reforms in Bahrain, particularly in relation to the judiciary and legal process’.

For the USA, Bahrain has been a ‘major non-NATO ally‘ since 2002 and a ‘major security partner’ since 2021. Bahrain was the first state in the region to be accorded major non-NATO ally status, the first to host a major US military base and the first, in 2006, to sign a free trade agreement with the USA. The US Navy’s Fifth Fleet, one of seven around the world, is stationed there, and the country hosts the headquarters of the US Naval Forces Central Command.

On 13 September, the Crown Prince visited Washington DC and signed a ‘Comprehensive Security Integration and Prosperity Agreement’ meant to scale up military and economic cooperation with the USA.

Only in the last paragraph of its pages-long announcement, meticulously detailed in every other respect, did the White House briefly acknowledge that human rights were an item of discussion. Nothing was said about the content or outcome of those alleged conversations.

The USA has been repeatedly chastised for a ‘selective defence of democracy‘. President Biden promised a foreign policy centred around human rights, but that rings hollow in Bahrain. It’s high time the USA, the UK and other democratic states use the many levers at their disposal to urge the Bahraini government to free its thousands of political prisoners and move towards real democratic reform.

Inés M. Pousadela is CIVICUS Senior Research Specialist, co-director and writer for CIVICUS Lens and co-author of the State of Civil Society Report.

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Iran: One Year on, What’s Changed?

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Active Citizens, Civil Society, Crime & Justice, Democracy, Economy & Trade, Featured, Gender, Headlines, Human Rights, Middle East & North Africa, TerraViva United Nations, Youth

Opinion

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MONTEVIDEO, Uruguay, Sep 19 2023 (IPS) – It’s a year since a photo of 22-year-old Mahsa Amini – bruised and in a coma she would never recover from after being arrested by the morality police for her supposedly improperly worn hijab – went viral, sending people onto the streets.

The protests became the fiercest challenge ever faced by Iran’s theocratic regime. The unprecedented scale of the protests was matched by the unparalleled brutality of the crackdown, which clearly revealed the regime’s fear for its own survival.

Led by women and young people, mobilisations under the ‘Woman, Life, Freedom’ banner articulated broader demands for social and political change. They spread like wildfire – to streets across Iran, to universities, even to cemeteries where growing numbers of the regime’s victims were being buried. They were echoed and amplified by the Iranian diaspora around the world. The Iranian people made it abundantly clear they wanted the Islamic Republic gone.

A year on, the theocratic regime still stands, but that doesn’t mean nothing has changed. By sheer force, the authorities have regained control – at least for now. But subtle changes in daily life reveal the presence of active undercurrents that could once again spark mass protests. The regime knows this, hence the fear with which it has awaited this date and its redoubled repression as it neared.

A glimpse of change

Last December, as protests raged and the authorities were busy trying to stop them, women could be seen on Iranian streets without their hijabs for the first time in decades. After the protests were quelled, many simply refused to resubmit to the old rules. A tactical shift followed, with mass street mobilisation turning into more elusive civil disobedience.

Women, particularly Gen Z women just like Mahsa, continue to protest on a daily basis, simply by not abiding by hijab rules. Young people express their defiance by dancing or showing affection in public. Cities wake up to acts of civil disobedience emblazoned on their walls. Anti-regime slogans are heard coming from seemingly nowhere. In parts of the country where many people from excluded ethnic minorities live, protest follows Friday prayers. It may take little for the embers of rebellion to reignite.

Preventative repression

Ahead of the anniversary, family members of those killed during the 2022 protests were pressured not to hold memorial services for their loved ones. The lawyer representing Mahsa Amini’s family was charged with ‘propaganda against the state’ due to interviews with foreign media. University professors suspected to be critical of the regime were dismissed, suspended, forced to retire, or didn’t have their contracts renewed. Students were subjected to disciplinary measures in retaliation for their activism.

Artists who expressed support for the protest movement faced reprisals, including arrests and prosecution under ridiculous charges such as ‘releasing an illegal song’. Some were kept in detention on more serious charges and subjected to physical and psychological torture, including solitary confinement and beatings.

Two months ago, the regime put the morality police back on the streets. Initial attempts to arrest women found in violation of hijab regulations, however, were met with resistance, leading to clashes between sympathetic bystanders and police. Women, including celebrities, have been prosecuted for appearing in public without their hijab. Car drivers carrying passengers not wearing hijab have been issued with traffic citations and private businesses have been closed for noncompliance with hijab laws.

The most conservative elements of the regime have doubled down, proposing a new ‘hijab and chastity’ law that seeks to impose harsher penalties, including lashes, heavy fines and prison sentences of up to 10 years for those appearing without the hijab. The bill is now being reviewed by Iran’s Guardian Council, a 12-member, all-male body led by a 97-year-old cleric.

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If not now, then anytime

In the run-up to 16 September, security force street presence consistently increased, with snap checkpoints set up and internet access disrupted. The government clearly feared something big might happen.

As the anniversary passes, the hardline ruling elite remains united and the military and security forces are on its side, while the protest movement has no leadership and has taken a bad hit. Some argue that what made it spread so fast – the role of young people, and young women in particular – also limited its appeal among wider Iranian society, and particularly among low-income people concerned above all with economic strife, rising inflation and increasing poverty.

There are ideological differences among the Iranian diaspora, which formed through successive waves of exiles and includes left and right-wing groups, monarchists and ethnic separatists. While most share the goal of replacing the authoritarian theocracy with a secular democracy, they’re divided over strategy and tactics, and particularly on whether sanctions are the best way to deal with the regime.

Ever since the protests took off last year, thousands of people around the world have shown their support and called on their governments to act. And some have, starting with the USA, which early on imposed sanctions on the morality police and senior police and security officials. New sanctions affecting 29 additional people and entities, including 18 members of the Islamic Revolutionary Guard Corps and security forces, were imposed on the eve of the anniversary of the protests, 15 September, International Day of Democracy. That day, US President Joe Biden made a statement about Mahsa Amini’s inspiration of a ‘historic movement’ for democracy and human dignity.

The continuing outpouring of international solidarity shows that the world still cares and is watching. A new regime isn’t around the corner in Iran, but neither is it game over in the quest for democracy. For those living under a murderous regime, every day of the year is the anniversary of a death, an indignity or a violation of rights. Each day will therefore bring along a new opportunity to resurrect rebellion.

Inés M. Pousadela is CIVICUS Senior Research Specialist, co-director and writer for CIVICUS Lens and co-author of the State of Civil Society Report.

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Guatemala: Change Within Reach

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Civil Society, Crime & Justice, Democracy, Featured, Headlines, Latin America & the Caribbean, Press Freedom, TerraViva United Nations

Opinion

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MONTEVIDEO, Uruguay, Aug 29 2023 (IPS) – On 20 August, Guatemala witnessed a rare event: despite numerous attempts to stop it, the will of the majority prevailed. Democracy was at a dramatic crossroads, but voters got their say, and said it clearly: the country needs dramatic change and needs it now.

Bernardo Arévalo, leader of the progressive Movimiento Semilla (Seed Movement), born out of 2015 anti-corruption protests, is now Guatemala’s president-elect. All-night street celebrations erupted as early results were announced. It was a once-in-a-lifetime occurrence: politics bringing joy rather than disappointment to Guatemalans.

But renewed attempts to prevent change can be expected. What Guatemalans expect from Arévalo is a morally competent government that will bring about genuine democracy – a government looking out for the public rather than self-serving elites. The unprecedented seriousness of Arévalo’s promise is reflected in the fear his rise has fuelled among the beneficiaries of the current authoritarian kleptocracy.

A blatant manipulation of judicial institutions after the first round of voting on 25 June failed to prevent Arévalo competing in the runoff – but now the attempt is to stop his inauguration. Following the runoff, the Public Prosecutor made yet another attempt to have Semilla suspended.

The stakes are so high that an attempt to stop change by force can’t ruled out. An assassination plot involving state and non-state forces came to light days before the runoff.

For security reasons, Arévalo couldn’t address the crowds celebrating on election night. On 24 August, the Inter-American Commission on Human Rights granted precautionary measures to Arévalo and vice-president-elect Karin Herrera, giving the state 15 days to report back on the adoption of additional measures – both already have state-issued security – to protect their physical integrity.

Guatemalans are counting the days to the inauguration of their new government, scheduled for 14 January 2024. But their hope is mingled with uncertainty and fear.

An election surprise and its aftermath

The collective mood on 20 August couldn’t have been more different from that on 25 June, when first place in the first round went to invalid votes.

The run-up to the June vote had been marked by further deterioration of civic space and the restriction of the choice on offer through the disqualification of several contenders, including the candidate first in the polls, conservative business leader Carlos Pineda Soa. But Arévalo wasn’t on the radar of opinion polls and no one saw him coming. In a very fragmented vote, his 12 per cent put him in the runoff. The frontrunner, with 16 per cent, was a political insider, former first lady Sandra Torres of the National Unity of Hope (UNE).

The establishment rightfully feared Arévalo because he didn’t seem the kind they could easily bring into the fold. A progressive academic and a member of Congress since 2020, he promised to bring back the numerous justice officials in exile and resume the fight against corruption ended by his predecessors.

The fact that he could become Guatemala’s next president made the 25 June election results an instant object of contention. Nine parties, including UNE, submitted complaints about supposed ‘irregularities’ that had gone undetected by all international observers. Their supporters converged outside the Supreme Electoral Tribunal (TSE).

In what was denounced as an attempted ‘electoral coup’, the Constitutional Court ordered a recount and instructed the TSE to suspend certification of results. The TSE eventually endorsed the results two weeks later, on 12 July.

But in the meantime, the Attorney General, an official under US corruption sanctions, spearheaded an onslaught of judicial harassment against Arévalo. She launched an investigation of Semilla for alleged registration irregularities and had its offices raided. She twice ordered raids on TSE offices too. And just as the TSE announced Torres and Arévalo as the runoff competitors, she ordered Semilla’s suspension. The Constitutional Court however blocked this order.

Citizens defend democracy

The European Union and the Organization of American States, both of which had observation missions, took a strong stance. Domestic condemnation of the attempt to twist the results was also voiced by groups ranging from leading business associations to Indigenous authorities. But the starring role was played by citizens who spent weeks on the alert to ensure that Arévalo wasn’t kicked out of the runoff.

Large-scale peaceful demonstrations were repeatedly held in Guatemala City and departmental capitals, overwhelmingly led by young people. They were vocally nonpartisan, making clear that they were marching not for Arévalo or Semilla, but for the future of democracy.

On election day, this translated into a clear victory for the change candidate: Arévalo took 58 per cent of the vote, compared to Torres’s 37.2 per cent. The election saw strong participation by young, educated, urban voters, many voting for the first time.

An uncertain future

Once he takes office Arévalo will face a tough time fulfilling his promises, not least because the June election produced a highly fragmented Congress in which Semilla will have only 23 of 160 seats.

But the urgent question now is what lengths deeply entrenched elites will go to to try and stop Arévalo taking office. Torres hasn’t conceded defeat. Instead, she’s cried foul and accused the five TSE magistrates of ‘breach of duties and abuse of authority’.

Meanwhile the Attorney General and her right-hand man, a prosecutor who has made a career of protecting the powerful and persecuting the press, continue the ‘investigation’ through which they seek to shut Semilla down. People have responded by continuing to demonstrate outside the Attorney General’s office demanding her resignation.

Guatemala is living a unique moment, an opportunity that many didn’t think they’d ever see. But it’s also an uncertain time. Guatemala must walk carefully into the future, one step at a time, resisting the onslaught, judicial or otherwise, to get the president-elect to Inauguration Day.

People have made it clear they’re ready to take to the streets in numbers to defend what they’ve achieved. And they’ll need to both support and hold to account the new government for the mission it’s been entrusted with: that of restoring the substance of democracy.

Inés M. Pousadela is CIVICUS Senior Research Specialist, co-director and writer for CIVICUS Lens and co-author of the State of Civil Society Report.

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Cambodia’s Election a Blatant Farce

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Credit: Tang Chhin Sothy/AFP via Getty Images

By Inés M. Pousadela
MONTEVIDEO, Uruguay, Aug 4 2023 (IPS)

The title shouldn’t fool you: Cambodian Prime Minister Hun Sen is one of the world’s longest-ruling autocrats. A political survivor, this former military commander had been bolted to his chair since 1985, presiding over what he turned into a de facto one-party system – and now apparently a dynastic regime.

On 23 July, running virtually unopposed, Hun Sen’s Cambodian People’s Party (CPP) took 82 per cent of the vote, winning almost all seats. The only party that could have offered a challenge, the Candlelight Party, had been banned on a technicality in May.

Following the proclamation of his ‘landslide victory‘, Hun Sen finally announced his retirement, handing over his position to his eldest son, Hun Manet. Manet had already been endorsed by the CPP. Winning a parliamentary seat, which he just did, was all he had to do to become eligible. To ensure dynastic succession faced no obstacle, a constitutional amendment passed in August 2022 allows the ruling party to appoint the prime minister without parliamentary approval.

Hun Sen isn’t going away: he’ll remain CPP chair and a member of parliament, be appointed to other positions and stay at the helm of his family’s extensive business empire.

A slippery slope towards autocracy

Hun Sen came to power in a world that no longer exists. He managed to cling onto power as everything around him changed.

He fought as a soldier in the Cambodian Civil War before defecting to Vietnam, taking several government positions under the 1980s Vietnamese government of occupation. He was appointed prime minister in 1985, and when 1993 elections resulted in a hung parliament, Hun Sen refused to concede defeat. Negotiations resulted in a coalition government in which he served as joint prime minister, until he orchestrated a coup to take sole control in 1997. At the head of the CPP, he has won every election since.

In 2013 his power was threatened. A new opposition party, the Cambodia National Rescue Party (CNRP), offered a credible challenge. The CPP got its lowest share of votes and seats since 1998. Despite obvious fraud, the CNRP came dangerously close to defeating Hun Sen.

In the years that followed, Hun Sen made sure no one would challenge him again. In 2015, the CNRP’s leader Sam Rainsy was summarily ousted from the National Assembly and stripped of parliamentary immunity. A warrant was issued for his arrest, pushing him into exile. He was then barred from returning to Cambodia, and in 2017 convicted for ‘defaming’ Hun Sen. His successor at the head of the CNRP, Kem Sokha, soon faced persecution too.

In November 2017, the Supreme Court ordered the dissolution of the CNRP and imposed a five-year political ban on 118 opposition members.

As a result, the only parties that eventually ran on a supposedly opposition platform in 2018 were small parties manufactured by government allies to give the impression of competition. In the run-up to the vote, the CPP-dominated National Election Committee (NEC) threatened to prosecute anybody who urged a boycott and warned voters that criticising the CPP wasn’t allowed. What resulted was a parliament without a single dissenting voice.

There was no let off after the election, with mass arrests and mass trials of former CNRP members and civil society activists becoming commonplace. Rainsy was sentenced in absentia to life imprisonment, and Sokha was given 27 years for ‘treason’. At least 39 opposition politicians are behind bars, and many more have left Cambodia.

But as the CNRP faded, the torch passed to the Candlelight Party. In June 2022 local elections, Candlelight proved that Hun Sen was right to be afraid: in an extremely repressive context, it still took over 20 per cent of the vote. And sure enough, in May 2023 the NEC disqualified Candlelight from the July election.

Civic space under assault

Political repression has been accompanied by tightening civic space restrictions.

The crackdown on independent media, underway since 2017, intensified in the run-up to the latest electoral farce. In March 2022, the government stripped three digital media outlets of their licences after they published stories on government corruption. In February 2023, Hun Sen ordered the closure of Voice of Democracy, one of the few remaining independent media outlets, after it published a story about Manet. Severe restrictions weigh on foreign media groups, some of which have been forced out of the country.

In contrast, government-owned and pro-government media organisations are able to operate freely. Major media groups are run by magnates close to the ruling family. One media conglomerate is headed by Hun Sen’s eldest daughter. As a result, most information available to Cambodians comes through the filter of power. Most media work to disseminate state-issued disinformation and discredit independent voices as agents of propaganda.

The right to protest is heavily restricted. Gatherings by banned opposition parties are prohibited and demonstrations by political groups, labour unions, social movements and essentially anyone mobilising on issues the government doesn’t want raised are routinely dispersed by security forces, often violently. Protesters are subjected to threats, intimidation, arbitrary arrests and detention, and further criminalisation.

As if leaving people with no choice wasn’t enough, Hun Sen also mounted a scare campaign to force them to vote, since a low turnout would undermine the credibility of the outcome. People were threatened with repercussions if they attempted to boycott the election or spoil ballot papers. The election law was hastily amended to make this a crime.

Experience gives little ground to hope that repression will let up rather than intensify following the election. There’s also no reason to expect that Manet, long groomed for succession, will take a different path from his still-powerful predecessor. The very least the international community should do is to call out the charade of an election for what it was and refuse to buy the Cambodian regime’s whitewashing attempt.

Inés M. Pousadela is CIVICUS Senior Research Specialist, co-director and writer for CIVICUS Lens and co-author of the State of Civil Society Report.

 


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Civil Society Space in Southern Africa Shrinking as Government Repression Rises

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Several Southern African countries have or are in the process of enacting legislation that limits the civil society space, with implications for human rights. Credit: CIVICUS Monitor

Several Southern African countries have or are in the process of enacting legislation that limits the civil society space, with implications for human rights. Credit: CIVICUS Monitor

By Busani Bafana
BULAWAYO, Jul 31 2023 (IPS)

Freedom of expression is under threat as governments in Southern Africa have enacted laws restricting civil society organizations, says global rights advocacy organisation, CIVICUS, warning that human rights violations are on the increase globally.

“The state of civil society is unfortunately not improving; civil restrictions continue across the world,” said David Kobe, the advocacy Lead at CIVICUS.

“More than 2 billion people live in countries that are rated as closed, which is the worst rating any country can have – this means that 28 percent of the world’s population are not able to speak out when there is corruption or human rights violations restrictions or cannot write articles as journalists without facing appraisals,” Kobe told IPS in an interview, noting that the organization’s human rights tool is indicating growing suppression of civil space across the world.

The CIVICUS Monitor, a tool accessing the state of civic space in more than 190 countries, provides evidence of restrictions on human rights by governments. The CIVICUS Monitor rates the state of civil space ‘open, ‘repressed’, and ‘closed’ according to each country.

Kobe notes that human rights violations are increasing globally with more restrictions on civil society in Australia, the United Kingdom and the United States. The picture is not different in the Southern Africa region where restrictions on civil space have been continuing, and these have included censorship, violent response to protests and restrictive laws as seen in Angola, Mozambique and Zimbabwe

Closing Civil Society Space

Zimbabwe remains on the CIVICUS Monitor Watchlist as attacks on civic space continue ahead of the scheduled 2023 national elections.

Last November, Zimbabwe approved the Criminal Law (Codification and Reform) Amendment Bill, 2022, known as the Patriotic Act. The law seeks to create the offence of “wilfully damaging the sovereignty and national interest of Zimbabwe” and will essentially criminalise the lobbying of foreign governments to extend or implement sanctions against Zimbabwe or its officials.

Furthermore, the Zimbabwe government gazetted the Private Voluntary Organisations Amendment Bill in November 2021, amending the Private Voluntary Organisations Act, which governs non-profit organizations. The main aim of the Bill is to comply with the Financial Action Task Force (FATF) recommendations to strengthen the country’s legal framework to combat money laundering, financing terrorism and proliferation.

Civil society organizations warn that the Bill could hinder their activities and financing with potential adverse impacts on economic development. Besides, NGOs argue that they are a low-risk sector with no precedence of financing terrorism and money laundering.

Musa Kika, Executive Director of Zimbabwe Human Rights NGO Forum, says the PVO will affect the operations of NGOs, including deterring donors from funding PVOs, fearing the money could end up under the grip of the government. Besides, the Bill has a provision giving the Minister of Justice unfettered powers to place under supervision or surveillance, using subjective discretion, those PVOs the Minister deems to be high risk.

“Continued hostility and harassment on the part of the government towards the work of CSOs in the country will thus only result in a hugely detrimental effect on their efforts in advancing the protection of and respect for the basic human rights and freedoms of ordinary Zimbabwean civilians as espoused under Zimbabwe’s Constitution,” Kika said. He noted that civil society organisations were operating in a tough environment in Zimbabwe where the government does not trust them, especially those working in the fields of governance and human rights.

“We have a government that does not want to account,” said Kika. “We have had many human rights activists who have been arrested on flimsy charges…Terrorism finance is being used as a cover, but the motive is to close the democratic space because the government and accountability in human rights and governance are sworn enemies.”

In Zimbabwe, NGOs have, in partnership with the government, supported development, providing a range of services in health, education, social protection, humanitarian assistance, environmental management, emergency response and democracy building.  A research report commissioned by the Zimbabwe Human Rights NGO Forum in collaboration with the Southern Defenders and Accountability Lab has warned of huge job and financial losses if the Bill is passed into law.

United Nations experts have urged Zimbabwe’s President Emerson Mnangagwa to reject enacting a bill that would severely restrict civic space and the right to freedom of association in the country.

However, President Mnangagwa has defended the passage of the PVO Bill, vowing to speedily “sign it into law once it reaches my desk”. In a commentary in his weekly column published by the government-owned Sunday Mail, Mnangagwa said signing the bill into law will usher Zimbabwe into a “new era of genuine philanthropic and advocacy work, unsullied by ulterior political or financial motives.”

Mnangagwa said the law was meant to defend the country from foreign infiltration.

Engendering Patriotism but Endangering Democracy

Zimbabwe has also recently approved another repressive law known as the ‘Patriot Act’.

“The Patriotic Act is an extremely repressive and unconstitutional piece of legislation that has serious ramifications for citizens’ rights, particularly the rights of freedom of expression in the lead up to the elections,” human rights lawyer, Dough Coltart, tells IPS in an interview.

“There is a very real need to educate the citizens on what the ramifications of this Act are for people’s lives because the Act has far-reaching consequences for the entire country and will essentially stifle any public dialogue around the challenges we are facing as a country.”

“The Patriot law is a bad piece of legislation which is an affront to the practice of ethical journalism in Zimbabwe,” Njabulo Ncube, Coordinator of the Zimbabwe National Editors’ Forum (ZINEF), told IPS. “It stinks to the highest skies as it criminalizes the practice of good journalism. It is anti-media freedom and free expression…civil society organisations have also been caught in the mix; they cannot effectively make government account for its actions.”

Democracy Dimming

The situation in Zimbabwe is echoed in some countries across Southern Africa, where governments are cracking down on CSOs in the name of protecting national sovereignty and the threats of money laundering and terrorism financing.

In Angola, the country’s National Assembly, on May 25 2023, passed a draft NGO Statute, which CSOs have criticized for limiting freedom of association by giving the state excessive powers to interfere with civil society activities.

According to the Movimento de Defensores de Direitos Humanos de Angola (Movement of Human Rights Defenders of Angola, KUTAKESA), the government has targeted civil society with legislation that is meant for terrorists and money launderers, though it has never been proven in any court that a CSO has committed an act of terrorism in Angola.

On the contrary, the rationale of this legislation constitutes institutional terrorism, the target of which are CSOs, said Godinho Cristóvão, a jurist, human rights defender and executive director of KUTEKA in an interview with the CIVICUS Monitor.

“The Angolan authorities should have aligned themselves with the democratic rule of law and respected the work of CSOs and HRDs,” Cristóvão is quoted as saying.

“Instead, there has been an increase in threats, harassment and illegal arrests of human rights defenders who denounce or hold peaceful demonstrations against acts of bad governance and violations of citizens’ rights and freedoms. There have been clear setbacks with regard to the guarantee of fundamental rights and freedoms enshrined in the constitution, as well as the rights set out in the African Charter on Human and Peoples’ Rights and other human rights treaties Angola has ratified.”

In Mozambique, a new NGO on Anti-Money Laundering and Terrorist Financing Act, which overregulates CSOs, is seen as the death knell for the civic movement in the country. The Act was approved in October 2022 under the pretext of fighting terrorism. It has further curtailed freedoms of expression, information, press, assembly and public participation.

Paula Monjane, Executive Director of the Civil Society Learning and Capacity Building Centre (CESC), a Mozambican non-profit civil society organisation, said currently, the legislation was being proposed to silence dissenting voices and people fighting for better governance of public affairs and the protection of human rights in the country.

The draft Anti-Money Laundering and Terrorism Financing Act law establishes a legal regime for the creation, organisation and functioning of CSOs, and Monjane highlighted that it contains several norms that violate freedom of association despite this right being safeguarded by the constitution and international human rights treaties.

“It gives the government absolute and discretionary powers to ‘create’, control the functioning of, suspend and extinguish CSOs,” said Monjane, adding, “If the bill is approved, it will legitimise already existing practices restricting civic space, allowing the persecution of dissenting voices and organisations critical of the government, up to banning them from continuing to operate.”

Monjane said if the bill is passed into law CSOs in Mozambique will push for it to be declared unconstitutional and will ask the African Union, through the African Commission on Human and Peoples’ Rights, and the United Nations, through the Special Rapporteur on the rights to freedom of peaceful assembly and of association to urgently condemn it.

On actions to foster human rights and human rights defenders, Kobe said civil society organisations must be supported to hold governments accountable for upholding national and international human rights conventions that they have subscribed to.

The Universal Periodic Review, an assessment of the state of civic and human rights of a country over a four-year period, provides recommendations to governments enabling them to open civic space and remove restrictive laws.

“Governments need to implement the recommendations of the UPR and not treat them as a formality for them to be seen by the international community as respecting human rights when they are not,” said Kobe, adding that encouraging governments to implement the 2030 Agenda on Sustainable Development was also a way of getting them to see development alongside human rights.

IPS UN Bureau Report

 


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Mandela Day Reminder to Stand Witness to Human Rights Defenders

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Nelson Mandela, then Deputy President of the African National Congress of South Africa, raises his fist in the air while addressing the Special Committee Against Apartheid in the General Assembly Hall, June 22, 1990. Global alliance CIVICUS commemorated Mandela Day with a reminder that many rights defenders are jailed and intimidated. Credit: UN Photo/Pernaca Sudhakaran

Nelson Mandela, then Deputy President of the African National Congress of South Africa, raises his fist in the air while addressing the Special Committee Against Apartheid in the General Assembly Hall, June 22, 1990. Global alliance CIVICUS commemorated Mandela Day with a reminder that many rights defenders are jailed and intimidated. Credit: UN Photo/Pernaca Sudhakaran

By Joyce Chimbi
NAIROBI , Jul 18 2023 (IPS)

As human rights increasingly deteriorate, rights defenders are being violently suppressed. Abducted, detained, tortured, and humiliated, many now live one day at a time. They have been told, in no uncertain times, that anything could happen. They are now asking the global community to stand as a witness.

“Like Nelson Mandela was, hundreds of human rights defenders around the world are in prison for their human rights activities. Just like him, they are unjustly treated, fictitious charges levelled against them and handed the most serious sentences that are often used against criminals. One of our priorities is to work with human rights defenders to advocate for their release,” says David Kode from CIVICUS, a global alliance of civil society with a presence in 188 countries around the world.

Inspired by the life story of the late iconic South African President Nelson Mandela, the Stand As My Witness Campaign was launched on Nelson Mandela Day in 2020 by CIVICUS, its members and partners.

In commemoration of the third anniversary of the Stand As My Witness campaign, CIVICUS and its partners, including human rights defenders, hosted a public event titled, ‘Celebrating Human Rights Defenders through Collaborative Advocacy Efforts’, to celebrate the brave contributions of human rights defenders and raise awareness about those who are still in detention.

David Kobe said that CIVICUS had profiled at least 25 human rights defenders since the Stand As My Witness Campaign started three years ago. Credit: Joyce Chimbi/IPS

David Kobe said that CIVICUS had profiled at least 25 human rights defenders since the Stand As My Witness Campaign started three years ago. Credit: Joyce Chimbi/IPS

“Over the last three years, we have profiled more than 25 human rights defenders collectively because some human rights defenders are profiled as individuals and others, such as those in Burundi, are profiled as a group because they were arrested as a group. More than 18 human rights defenders have been released over the last three years. As we celebrate, we must recognize that the journey has just started, it is quite long, and the battle is far from over,” Kode said.

The event brought together families and colleagues of detained human rights defenders, previously detained human rights defenders, representatives from the Office of the High Commissioner for Human Rights (OHCHR) and other human rights mechanisms and civil society organisations.

Lysa John, the Secretary General of CIVICUS, spoke about how special Mandela Day is, for it is the one day of the year when the spirit of solidarity is celebrated in his memory. It is also a day to look back at what has been achieved and how much more could be achieved in solidarity.

She further addressed issues of civic space restrictions, closure of civic space and how these restrictions impact societies and individuals. John stressed that the event was held in the context of the 25th anniversary of the adoption of the UN Declaration on Human Rights Defenders and the 75th anniversary of the UNDHR or Human Rights 75 to promote their objectives.

“One-third of the population of the world live in contexts which are closed. Where attacks on people who speak out or exercise their civic freedoms are attacked or arrested without any accountability. More and more people in the world, in fact, the largest section of the world, estimated at 44 percent live in countries where civic space and civic freedoms are restricted. In this regard, civic society is more than ever reinventing itself, and there is increased support for them,” she said.

Birgit Kainz from OHCHR spoke about the importance of bringing to life the UN Declaration on Human Rights Defenders for its adoption was a consensus that human dignity is at the core of everything.

She spoke about the need to be deliberate in the defence of civic space as it enables people to shape their future and that of their children. Kainz said that protection and security are two sides of the same coin and urged participants to network and connect to improve civic space and to also play a complementary role. Further emphasizing the need to maintain data, especially about who is in detention and where in line with SDGs.

Maximilienne Ngo Mbe from Cameroon is one of the most prolific human rights defenders in Africa. She spoke about the need to create safe spaces for women rights defenders. Photo Joyce Chimbi.jpg

Maximilienne Ngo Mbe from Cameroon is one of the most prolific human rights defenders in Africa. She spoke about the need to create safe spaces for women rights defenders. Credit: Joyce Chimbi/IPS

Maximilienne Ngo Mbe spoke about the life and times of human rights defenders today. She is one of the most prolific human rights defenders in Africa and continues to receive a lot of restrictions for her fearless human rights activities that often have her fleeing from Cameroon to other countries for safety.

“We need a network for women rights defenders because of the special challenges they face as girls, wives, mothers and vulnerable people. Women are engaging less and less because of these challenges and the multiple roles they play in society,” she said.

The event was an opportunity for released human rights defenders such as Maria Esperanza Sanchez from Nicaragua to speak about resilience in the face of brutal regimes. She spoke about how armed men often came to her house to threaten and intimidate her. Of her arrest, humiliation and torture in 2020, being sentenced to 10 years in prison and her eventual release.

It was also an opportunity to speak on behalf of those who cannot. They include Khurram Parvez, a prolific human rights defender in India. At the time of his arrest for human rights activities, he was leading two critical organizations at the national and regional levels.

Parvez is being charged as a terrorist. His story aligns with that of Kenia Hernandez, a 32-year-old indigenous Amuzga woman, mother of two, lawyer and an advocate for human rights who is currently detained in a maximum-security prison in Mexico and has been sentenced to 21 years. Her story is illustrative of the high-risk female rights defenders and people from marginalized groups face.

Ruben Hasbun from Global Citizen spoke about how to effectively advocate for the release of human rights defenders, sharing lessons from Stand As My Witness campaigners.  The event further opened up space to address the role of the private sector.

Christopher Davis from Body Shop, a brand that continues to be at the forefront of supporting human rights and rights defenders, fighting social and environmental injustice.

At the end of the session, participants were invited to sign a petition to have the United Arab Emirates immediately and unconditionally release all those detained solely for the exercise of their human rights and end all abuse and harassment of detained critics, human rights defenders, political opposition members, and their families.

IPS UN Bureau Report

 


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IPS – UN Bureau, IPS UN Bureau Report, CIVICUS

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