CIVICUS Report Exposes a Civil Society Under Attack

The State of Civil Society report from CIVICUS, the global civil society alliance which was officially launched on March 30, 2023, exposes the gross violations of civic space. Credit CIVICUS

The State of Civil Society report from CIVICUS, the global civil society alliance which was officially launched on March 30, 2023, exposes the gross violations of civic space. Credit CIVICUS

By Joyce Chimbi
NAIROBI, Mar 31 2023 (IPS)

As conflict and crises escalate to create human emergencies that have displaced over 100 million people worldwide, civil society’s vital role of advocating for victims and monitoring human rights cannot be over-emphasised.


The 2022 Nobel Peace Prize award to activists and organisations in Belarus, Russia and Ukraine for working to uphold human rights in the thick of conflict underpins this role.

Yet this has not stopped gross violations of civic space as exposed by the State of Civil Society report from CIVICUS, the global civil society alliance, which was officially launched on March 30, 2023.

“This year’s report is the 12th in its annual published series, and it is a critical look back on 2022. Exploring trends in civil society action, at every level and in every arena, from struggles for democracy, inclusion, and climate justice to demands for global governance reform,” said Ines Pousadela from CIVICUS.

The report particularly highlights the many ways civil society comes under attack, caught in the crossfire and or deliberately targeted. For instance, the Russian award winner, the human rights organisation Memorial, was ordered to close in the run-up to the war. The laureate from Belarus, Ales Bialiatski, received a 10-year jail sentence.

Mandeep Tiwana stressed that the repression of civic voices and actions is far from unique. In Ethiopia, “activists have been detained by the state. In Mali, the ruling military junta has banned activities of CSOs that receive funding from France, hampering humanitarian support to those affected by conflict. In Italy, civil society groups face trial for rescuing migrants at sea.”

Ines Pousadela at the launch of the CIVICUS State of Civil Society Report. Credit: Joyce Chimbi/IPS

Ines Pousadela at the launch of the CIVICUS State of Civil Society Report. Credit: Joyce Chimbi/IPS

Spanning over six chapters titled responding to conflict and crisis, mobilising for economic justice, defending democracy, advancing women’s and LGBTQI+ rights, sounding the alarm on the climate emergency and urging global governance reform, the analysis presented by the report draws from an ongoing analysis initiative, CIVICUS Lens.

On responding to conflict and crisis, Oleksandra Matviichuk from the Center for Civil Liberties in Ukraine spoke about the Russian invasion and the subsequent “unprecedented levels of war crimes against civilians such as torture and rape. And, a lack of accountability despite documented evidence of crimes against civilians.”

Bhavani Fonseka, from the Centre for Policy Alternatives, Sri Lanka, addressed the issue of mobilising for economic justice and how Sri Lanka captured the world’s attention one year ago through protests that start small in neighbourhoods and ultimately led to the President fleeing the country.

Launched in January 2022, CIVICUS Lens is directly informed by the voices of civil society affected by and responding to the major issues and challenges of the day.

Through this lens, a civil society perspective of the world as it stands in early 2023 has emerged: one plagued by conflict and crises, including democratic values and institutions, but in which civil society continues to strive to make a crucial difference in people’s lives.

On defending democracy, Amine Ghali of the Al Kawakibi Democracy Transition Center in Tunisia spoke about the challenge of removing authoritarian regimes, making significant progress in levels of democracy only for the country to regress to authoritarianism.

“It starts with the narrative that democracy is not delivering; let me have all the power so that I can deliver for you. But they do not deliver. All they do is consolidate power. A government with democratic legitimacy demolishing democracy is where we are in Tunisia,” he said.

Erika Venadero from the National Network of Diverse Youth, Mexico, spoke about the country’s journey that started in the 1960s towards egalitarian marriages. Today, same-sex marriages are provided for in the law.

On global governance reforms, Ben Donaldson from UNA-UK spoke about global governance institutional failure and the need to improve what is working and reform what is not, with a special focus on the UN Security Council.

“It is useful to talk about Ukraine and the shortcomings of the UN Security Council. A member of the UN State Council is unable to hold one of its members accountable. There are, therefore, tensions at the heart of the UN. The President of Ukraine and many others ask, what is the UN for if it cannot stop the Ukraine invasion?”

Baraka, a youthful climate activist and sustainability consultant in Uganda, spoke about ongoing efforts to stop a planned major pipeline project which will exacerbate the ongoing climate crisis, affecting lives and livelihoods.

His concerns and actions are in line with the report findings that “civil society continues to be the force sounding the alarm on the triple threat of climate change, pollution and biodiversity loss. Urging action using every tactic available, from street protest and direct action to litigation and advocacy in national and global arenas.”

But in the context of pressures on civic space and huge challenges, the report further finds that “civil society is growing, diversifying and widening its repertoire of tactics.”

Moving forward, the report highlights 10 ideas, including an urgent need for a broad-based campaign to win recognition of civil society’s vital role in conflict and crisis response as well as greater emphasis by civil society and supportive states on protecting freedom of peaceful assembly.

Additionally, the need for civil society to work with supportive states to take forward plans for UN Security Council reform and proposals to open up the UN and other international institutions to much greater public participation and scrutiny.

In all, strengthening and enhancing the membership and reach of transnational civil society networks to enable the rapid deployment of solidarity and support when rights come under attack was also strongly encouraged.

IPS UN Bureau Report

 


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The Need for a Strong Legal Treaty on Business & Human Rights

The open-ended intergovernmental working group on transnational corporations and other business enterprises with respect to human rights was established in 2014 in response to Human Rights Council resolution 26/9 with a mandate to elaborate an international legally binding instrument to regulate, in international human rights law, the activities of transnational corporations and other business enterprises.

By Simone Galimberti
KATHMANDU, Nepal, Mar 31 2023 (IPS)

The ongoing discussions on an internationally treaty, described as a “legally binding instrument” on business and human rights, remains one of the most neglected issues that should instead command the attention of the public.


Such a legal tool would bind companies to uphold high standards and most importantly, it would entail mandatory guarantees for accessible and inclusive remedy and therefore, clear liabilities for victims of alleged abuses perpetrated by companies.

It all started in 2014 when two nations of the South, Ecuador and South Africa successfully pushed for a resolution at the UN Human Rights Council on the establishment of a so called “international legally binding instrument on transnational corporations and other business enterprises with respect to human rights”.

By reading the title of the resolution you can immediately realize that one of the conundrums being discussed is the overarching scope of such treaty especially in the reference of the nature of the companies being subject to it.

In practice, would only multinational or also national private corporations come under its jurisdiction?

Interestingly, at the Intergovernmental Working Group (IGWG) created to draft the text of the treaty, many developing nations, for example, like Indonesia, were strongly advocating for only multinationals to be included.

This is a position of convenience that would exclude local major operators involved in the plantations business from coming under scrutiny of the treaty.

Other complex issues are centered on the liability especially in relation to instances where a corporation is “only” directly linked to the harm rather than cause.

As explained by Tara Van Ho, a lecturer at the University of Essex School of Law and Human Rights Centre, if “a business is only “directly linked to” the harm, it does not need to provide remedies but can instead use its “leverage” to affect change in its business partners.”

The difference between causing or contributing to harm and instead being only liked to it can be subtle and remain an exclusive debate among scholars, but its repercussions could or could not ensure justice to millions of people victims of corporate abuses.

Another point of attrition is the complex issue of the statutes of limitations and the role of domestic jurisdiction over the future treaty.

With all these challenges, after 8 years of negotiations, the drafting is moving in slow motion amid a general disinterest among state parties, as explained by Elodie Aba for Business & Human Rights Resource Centre

An issue that should capture global attention has instead become a realm of technical discussions among governments, academicians and civil society members without generating mass awareness about it.

The need for a treaty related to abuses of corporations is almost self-evident, considering the gigantic proofs that have been emerging both in the North and South.

Despite nice words and token initiatives, the private sector has been more than often keen to close its eyes before abuses occurring through its direct actions or throughout its supply chains.

Amid weak legislations, especially in developing countries, the hard job of trying to keep companies accountable, until now, has depended on a set of non-binding, voluntary procedures formally known as the Guiding Principles on Business and Human Rights.

The Principles, prepared by late Harvard Professor John G. Ruggie in his capacity as UN Special Representative on Business and Human Rights, proved to be a useful but at the same time inadequate tool.

It has been useful because it was instrumental in raising the issue of human rights within the corporate sector, something that was for too long and till recently, a taboo.

In order to further mainstream it, for example, a UN Working Group on Business and Human Rights has been established as a special procedure within UN Human Rights.

Along the years, this independent group, composed by pro bono academicians, has carried out considerable work to strengthen both the understanding of and the adherence to the Principles.

There is no doubt that there have been attempts at going deeper, especially from the legal point of view on the Principles, especially on their articles related to right to remedy, the thorniest issue.

In this regard, the Accountability and Remedy Project have been providing a whole set of insights through multiple consultations and discussions, a process that still ongoing with the overall purpose of making a stronger cases on “the right to remedy, a core tenet of the international human rights system”.

Yet principles, UN Global Compact, are toothless tool and showed considerable limitations, starting from the most obvious element, the fact that they are not binding.

In the meantime, in 2021 the UN Working Group on Business and Human Rights, on occasion of their 10th anniversary of the Principles, launched road map for the next 10 years.

It is actions, despite their intrinsic limitations due to the nature of the Principles, should be supported but more financial resources are indispensable. Yet finding the financial resources or better the political will to do so remains an issue.

A recommendation from late Prof. Ruggie to create a Voluntary Fund for Business and Human Rights did not go anywhere.

“The Fund would provide a mechanism for supporting projects developed at local and national levels that would increase the capacity of governments to fulfill their obligations in this area as well as strengthen efforts by business enterprises and associations, trade unions, non-governmental organizations and others seeking to advance implementation of the Guiding Principles”.

Even more worrisome is the fact that till now a new Special Representative for Business and Human Rights has not been appointed yet.

Having an authoritative figure, especially a former head of state rather than an academician, could help bring more visibility to the ongoing “behind the curtain” discussions related to the need for a strong Treaty.

Such a political figure could not only command a stronger attention on the issue but also provide “cover” to the delicate work of the UN Working Group on Business and Human Rights, complementing and strengthening its mandate.

Engagement with the education sector, law and business schools, as advocated by a report published by Business and Human Rights Asia, a UNDP Program, can be essential.

Together with a stronger media coverage, students and academicians can help elevate the issue of human rights and its linkages with the private sector.

We could imagine competitions among students at national and international levels on how the principles can be better implemented as a “bridge” tool towards a binding legal mechanism.

Students could also have a major say on the opaque drafting process of this treaty.

At the end of the day, there will be compromises and shortcomings, but with a bigger bottom-up approach, a strong Treaty could become a “global” Escazu’, the first ever binding environment agreement in Latin America and the Caribbean.

UNDP with its Business and Human Rights Asia unit that recently organized in Kathmandu an excellent 4th UN South Asia Forum on Business and Human Rights. But it could also be bolder.

The forum did a great job at giving voice to indigenous people, one of the key stakeholders in the global negotiations for the treaty.

A lot of discussions were rightly held on the impact of issues like climate change and migration and their links with businesses’ attitudes and behaviors towards local populations.

Yet, there was no conversation nor on the treaty nor on the future evolution of the principles. It might certainly be an issue of a limited “mandate” but UNDP could, together with UN Human Rights, be a neutral enabler on a global discussion on the treaty and on how the Principles can further evolve while we wait for such a legal tool.

The Principles should also be better linked with the UN Compact, creating more synergies and coordination between the two.

The fact that nations like France, Germany and the Netherlands have been stepping up with new vigorous legislations in the field of business and human rights is extremely positive.

Equally important is the commitment of the EU to come up with Corporate Sustainability Due Diligence Directive (CSDDD) or the OECD to revise its Guidelines on Responsible Business Conduct but the nations behind these initiatives must commit to the drafting process of the Treaty.

Otherwise, we run the risk that discussions will continue without anyone caring about them. Such an unfortunate situation must truly be “remedied’ with the right smart mix, political will, starting from the Secretary General and a powerful alliance of progressive nations in the both South and North driving the process and involving other peer nations.

Ultimately civil society must also step up beyond their technical and legal recommendations and truly engage the people.

Simone Galimberti is the co-founder of ENGAGE and of the Good Leadership, Good for You & Good for the Society.

Opinions expressed are personal.

IPS UN Bureau

 


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