Paraguay: ‘Bureaucratic Criminalisation’, New Legislation Threatens NGOs and Democracy

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Opinion

March for rights in Asunción, capital of Paraguay. Credit Patricia López

ASUNCIÓN, Paraguay, Jul 29 2024 (IPS) – In a move that has aroused national and international concern, the Paraguayan Senate has given preliminary approval to a controversial bill that imposes strict controls on NGOs in a case of ‘bureaucratic criminalisation’.

The landscape has become increasingly hostile to the activities of civil society organisations, with several laws representing a rollback of historically defended fundamental rights.

‘Additional bureaucratic hurdles”: the effects of new legislation

Non-profit organisations in the country have to deal with a variety of formalities and ongoing procedures before various public bodies. The proposed legislation, promoted by the ruling Colorado Party, now introduces additional registrations for all NGOs and strict reporting requirements. Under the pretext of improving transparency and accountability, the legislation represents a significant threat to democracy and the operational freedom of civil society in Paraguay.

Controversial elements of the bill include a new mandatory registration with the Ministry of Economy and Finance – which would be the law’s implementing authority – for all organisations receiving public or private funds of national or international origin, detailed reporting of all activities, detailed semi-annual financial reports, and severe penalties for non-compliance, including heavy fines and the possibility of dissolution of NGOs. Critics argue that these ‘legal-political arrangements’ are disproportionate and serve more to intimidate and control NGOs than to promote real accountability.

March for rights in Asunción, capital of Paraguay. Credit Patricia López

What civil society says

The passage of this bill comes in a broader context of growing authoritarianism in Paraguay. Since the 2023 elections, there have been several concerns about the ruling party’s consolidation of power and its impact on democratic institutions. The media, opposition parties and civil society organisations have faced increasing pressures, raising fears of a regression to the authoritarian practices of the past.

Monica Centron, Executive Coordinator of the national NGO platform, POJOAJU, emphasises the broader implications of such legislation for democracy: ‘This law threatens the fundamental rights enshrined in our constitution. It undermines the role of civil society in holding government accountable and promoting social justice. NGOs promote transparency and accountability, we have legislation that obliges us to account for our actions such as the Civil Code, reports to Seprelad (Secretariat for the Prevention of Money or Asset Laundering), the Treasury Attorney’s Office, banks, the National Directorate of Tax Revenue, among others’.

Raúl Monte Domecq, from POJOAJU’s coordination team, highlighted the possible adverse effects for smaller NGOs: ‘The administrative burdens and the threat of severe sanctions could lead many smaller organisations to close down. This will have a devastating impact on the communities they serve, particularly the most vulnerable’.

‘It must be understood that we have adopted for our Republic a Social State of Law and as a form of government representative, participatory and pluralist democracy, as enshrined in the National Constitution. The paths of dialogue and consultation, and not the opposite, are necessary requirements for the strengthening of our still incipient process of democratisation,’ says Gladys Casaccia, also a member of the POJOAJU Coordination team.

A threat to democratic principles

The bill has faced strong opposition from various sectors, including religious leaders, civil society organisations and international human rights bodies.

Marta Hurtado, spokesperson for the UN Human Rights Office, said the bill would ‘impose substantial restrictions on NGO funding’ and ‘obstruct the exercise of freedoms of association and expression’.

Ana Piquer, Amnesty International’s Americas director, said that ‘this bill subjects civil society organisations to arbitrary and abusive state control, without giving them the opportunity to defend themselves. It puts human rights defenders and the communities they serve at significant risk’.

Just a few days ago, several UN Special Rapporteurs have joined forces to communicate to the government of Paraguay their concern about the possible approval of the Draft Law on the Control of Non-Profit Organisations.

Cardinal Adalberto Martinez, has urged the Senate to delay the bill, which will be discussed in less than 2 weeks from now, and initiate a dialogue with the affected sectors. ‘This bill could have serious consequences for our representative, participatory and pluralistic democratic system,’ he warned, emphasising the need for inclusive discussions.

This legislative measure also follows a worrying trend observed in other countries where governments have introduced restrictive laws to curb the influence and operations of civil society. By limiting access to international funding and imposing strict oversight, these laws effectively weaken civil society’s ability to operate independently and advocate for human rights and democratic governance.

Call for action

In light of these developments, POJOAJU and other civil society organisations call for urgent action:

    • Postponement and dialogue: they urge the government to halt the legislative process and engage in meaningful consultations with civil society to review the draft law.
    • Protection of rights: They demand that any new regulatory framework respect constitutional rights and international human rights standards, ensuring that it promotes genuine transparency without undermining the independence of civil society.
    • International solidarity: Civil society and governments are also being urged to call for dialogue with the Paraguayan government to reconsider this draft law in law. The stakes are high, not only for Paraguay, but also for the precedent it could set in the region.

Mónica Centrón, POJOAJU, Isabella Camargo and Bibbi Abruzzini, Forus

This article is written by the Forus network in partnership with POJOAJU. For more on the “bureocratic criminalisation” of civil society, consult Abong’s report detailing the context in Brazil under Bolsanaro’s presidency here.

IPS UN Bureau

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Government Indifferent to Invasion of Drug Traffickers in the Peruvian Amazon

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Indigenous Rights

Members of the indigenous guard of the native community of Puerto Nuevo, of the Amazonian Kakataibo people, located in the central-eastern jungle of Peru. Credit: Courtesy of Marcelo Odicio

Members of the indigenous guard of the native community of Puerto Nuevo, of the Amazonian Kakataibo people, located in the central-eastern jungle of Peru. Credit: Courtesy of Marcelo Odicio

LIMA, Jul 26 2024 (IPS) – The invasion of lands inhabited by Amazon indigenous communities is growing in Peru, due to drug trafficking mafias that are expanding coca crops to produce and export cocaine, while deforestation and insecurity for the native populations and their advocates are increasing

“Drug trafficking is not a myth or something new in this area, and we are the ones who defend our right to live in peace in our land,” said Kakataibo indigenous leader Marcelo Odicio, from the municipality of Aguaytía, capital of the province of Padre Abad, in the Amazonian department of Ucayali.

“We are the ones who pay the consequences, we are visible to criminals, we are branded as informers, but I will continue to defend our rights. Along with the indigenous guard we will ensure that the autonomy of our territory is respected,” Marcelo Odicio.

Of the 33 million inhabitants of the South American country, around 800,000 belong to 51 Amazonian indigenous peoples. Overall, 96.4% of the indigenous population is Quechua and Aymara, six million of whom live in the Andean areas, while the Amazonian jungle peoples account for the remaining 3.6%.

The Peruvian government is constantly criticised for failing to meet the needs and demands of this population, who suffer multiple disadvantages in health, education, income generation and access to opportunities, as well as the growing impact of drug trafficking, illegal logging and mining.

A clear example of this is the situation of the Kakataibo people in two of their native communities, Puerto Nuevo and Sinchi Roca, in the border between the departments of Huánuco and Ucayali, in the central-eastern Peruvian jungle region.

For years they have been reporting and resisting the presence of invaders who cut down the forests for illegal purposes, while the government pays no heed and takes no action.

The most recent threat has led them to deploy their indigenous guard to defend themselves against new groups of outsiders who, through videos, have proclaimed their decision to occupy the territories over which the Kakataibo people have ancestral rights, which are backed by titles granted by the departmental authorities.

Six Kakataibo leaders who defended their lands and way of life were murdered in recent years. The latest was Mariano Isacama, whose body was found by the indigenous guard on Sunday 14 July after being missing for weeks.

In his interview with IPS, Odicio, president of the Native Federation of Kakataibo Communities (Fenacoka), lamented the authorities’ failure to find Isacama. The leader from the native community of Puerto Azul had been threatened by people linked to drug trafficking, suspects the federation.

Marcelo Odicio, president of the Native Federation of Kakataibo Communities, headquartered in the town of Aguaytía, in the department of Ucayal, in the Peruvian Amazon. Credit: Inforegión

Marcelo Odicio, president of the Native Federation of Kakataibo Communities, headquartered in the town of Aguaytía, in the department of Ucayal, in the Peruvian Amazon. Credit: Inforegión

During a press conference in Lima on 17 July, the Interethnic Association for the Development of the Peruvian Jungle (Aidesep), that brings together 109 federations representing 2,439 native communities, deplored the government’s indifference in the situation of the disappeared and murdered leader, which brings to 35 the number of Amazonian indigenous people murdered between 2023 and 2024.

Aidesep declared the territory of the Amazonian indigenous peoples under emergency and called for self-defence and protection mechanisms against what they called “unpunished violence unleashed by drug trafficking, mining and illegal logging under the protection of authorities complicit in neglect, inaction and corruption.”

Lack of vision for the Amazon

The province of Aguaytía, where the municipality of Padre de Abad is located and where the Kakataibo live, among other indigenous peoples, will account for 4.3% of the area under coca leaf cultivation by 2023, around 4,019 hectares, according to the latest report by the government’s National Commission for Development and Life without Drugs (Devida).

It is the sixth largest production area of this crop in the country.

The report highlights that Peru reduced illicit coca crops by just over 2% between 2022 and 2023, from 95,008 to 92,784 hectares, thus halting the trend of permanent expansion over the last seven years.

These figures are called into question by Ricardo Soberón, an expert on drug policy, security and Amazonia.

Ricardo Soberón, a renowned Peruvian expert on drug policy, Amazonia and security. Credit: Walter Hupiú / IPS

Ricardo Soberón, a renowned Peruvian expert on drug policy, Amazonia and security. Credit: Walter Hupiú / IPS

“The latest World Drug Report indicates that we have gone from 22 to 23 million cocaine users, and that the golden triangle in Burma, the triple border of Argentina-Paraguay-Brazil and the Amazonian trapezoid are privileged areas for production and export,” Soberón told IPS.

The latter holds “Putumayo and Yaguas, areas that according to Devida have reduced the 2,000 hectares under cultivation. I don’t believe it,” he said.

The United Nations Office on Drugs and Crime (UNODC), that commissioned the report, also lists Peru as the world’s second largest cocaine producer.

Soberón added another element that discredits the conclusions of the Devida report: the government’s behaviour.

“There is no air interdiction in the Amazonian trapezoid, the non-lethal interdiction agreement with the United States will be operational in 2025. On the other hand, there are complaints against the anti-drug police in Loreto, the department where Putumayo and Yaguas are located, for their links with Brazilian mafias,” he explained.

He believes there was an attempt to whitewash “a government that is completely isolated”, referring to the administration led since December 2022 by interim president Dina Boluarte, with minimal levels of approval and questioned over a series of democratic setbacks.

Soberón, director of Devida in 2011-2012 and 2021-2022, has constantly warned that the government, at different levels, has not incorporated the indigenous agenda in its policies against illegalities in their ancestral areas.

This, he said, despite the growing pressure on their peoples and lands from “the largest illegal extractive economies in the world: drug trafficking, logging and gold mining,” the main causes of deforestation, loss of biodiversity and territorial dispossession.

Soberón argued that, given the magnitude of cocaine trafficking in the world, major trafficking groups need coca crop reserves, and Peruvian territory is fit for it. He deplored the minimal strategic vision among political, economic, commercial and social players in the Amazon.

Based on previous research, he says that the Cauca-Nariño bridge in southern Colombia, Putumayo in Peru, and parts of Brazil, form the Amazonian trapezoid: a fluid transit area not only for cocaine, but also for arms, supplies and gold.

Hence the great flow of cocaine in the area, for trafficking and distribution to the United States and other markets, which makes the jungle-like indigenous territories of the Peruvian Amazon attractive for coca crops and cocaine laboratories.

Soberón stresses it is possible to reconcile anti-drug policy with the protection of the Amazon, for example by promoting the citizen social pacts that he himself developed as a pilot project during his term in office.

It is a matter, he said, of turning the social players, such as the indigenous peoples, into decision-makers. But this requires a clear political will, which is not seen in the current Devida administration.

Mariano Isacama (left), a Kakataibo indigenous leader who disappeared and was murdered after allegedly receiving threats from people linked to drug traffickers. Next to him, the president of the indigenous organisation Orau, Magno López. Credit: Courtesy of Marcelo Odicio

Mariano Isacama (left), a Kakataibo indigenous leader who disappeared and was murdered after allegedly receiving threats from people linked to drug traffickers. Next to him, the president of the indigenous organisation Orau, Magno López. Credit: Courtesy of Marcelo Odicio

“We will not stand idly by”

Odicio, the president of Fenacoka, knows that the increased presence of invaders in their territories is aimed at planting pasture and coca leaf, an activity that destroys their forests. They have even installed maceration ponds near the communities.

When invaders arrive, they cut down the trees, burn them, raise cattle, take possession of the land and then demand the right to title, he explained. “After the anti-forestry law, they feel strong and say they have a right to the land, when it is not the case,” he said.

He refers to the reform of the Forestry and Wildlife Act No. 29763, in force since December 2023, which further weakens the security of indigenous peoples over their land rights and opens the door to legal and illegal extractive activities.

The leader, who has a wife and two young children, knows that the role of defender exposes him. “We are the ones who pay the consequences, we are visible to criminals, we are branded as informers, but I will continue to defend our rights. Along with the indigenous guard we will ensure that the autonomy of our territory is respected,” he stressed.

In the native community of Puerto Nuevo there are 200 Kakataibo families, with 500 more in Sinchi Roca. They live from the sustainable use of their forest resources, who are at risk from illegal activities. “We just want to live in peace, but we will defend ourselves because we cannot stand idly by if they do not respect our autonomy”, he said.

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Achieving the 10-10-10 HIV Targets by 2025

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Opinion

The Mandaue City government signs the Implementing Rules and Regulations of the city’s Anti-Discrimination Ordinance. This marks a significant milestone for the UNDP-supported Kadangpan Project. Credit: UNDP Philippines

UNITED NATIONS, Jul 26 2024 (IPS) – Around the world countries are taking powerful steps to protect people’s rights, dignity, and health. Dominica and Namibia became the most recent to decriminalize same-sex relations. South Africa made strides towards decriminalizing sex work.

Japan’s Supreme Court ruled that compulsory sterilization for transgender people is unconstitutional, and for the first time the essential role of harm reduction was recognized in a UN resolution on narcotic drugs.

These achievements all contribute to the landmark 10-10-10 HIV targets, adopted by countries in the 2021 Political Declaration on HIV and AIDS, to reduce new infections and tackle criminalization, stigma and discrimination and gender inequality, issues especially critical for people living with HIV and key populations, including sex workers, men who have sex with men, transgender people, people who inject drugs, and the incarcerated.

Yet, for every heartening step toward justice, setbacks and barriers remain. In the last three months alone, Georgia’s parliament moved to curb LGBTIQ+ rights, Iraq criminalized same-sex relationships, countries in Eastern Europe and Central Asia have signed into law sweeping restrictions on civil society and the Malawi courts upheld a ban on same-sex conduct.

Every action we take now will make a difference

With just one year left to meet these targets, we are still off track. What’s more, the global pushback on human rights and gender equality, constraints on civil society, and the acute funding gap for HIV prevention and addressing structural and social barriers, threaten continued progress on AIDS.

This is the time to re-double our efforts. Every single action taken now to meet the 10-10-10 targets will improve the lives and wellbeing of those living with HIV and other key populations well into the future. It will protect the health and development gains of the AIDS response.

If we are to realistically end AIDS by 2030, we must, in lockstep with recent scientific advances, urgently accelerate efforts by shaping enabling policy environments.

Together with partners, UNDP will use its platform at the AIDS 2024 conference, along with a new #Triple10Targets campaign, to call for urgent action to accelerate progress in scaling national key population-led strategies, promoting allyship and inclusive institutions and unlocking sustainable financing.

Community leadership

Key populations and their sexual partners remain at the highest risk for HIV, accounting for 55 percent of all new HIV infections in 2022 and 80 percent of new HIV infections outside of sub-Saharan Africa, a trend which persists. The heightened risk they face is, in part a result of stigma, discrimination and criminalization.

The heart of the HIV response was built by community advocates, past and present, on its inextricable links to human rights. People living with HIV and other key populations are still leading the charge, based on their experiences and knowledge of what their communities need to tackle discriminatory laws and HIV-related criminalization, which deny them services and violate their human rights.

The recent overturning of a colonial-era sodomy law in Namibia, brought to court by Friedel Dausab, a gay Namibian man, showcases such courageous leadership.

But those most affected by and at risk of discrimination, exclusion and violence must not be left to tackle this alone. Their efforts are that much more effective and powerful when met with global solidarity and inclusive institutions, backed by collaboration and investment.

UNDP continues to promote and prioritize the meaningful engagement of people living with HIV and other key populations in decision-making spaces and policy design, through the work done by SCALE, #WeBelong Africa and Being LGBTI in the Caribbean and its HIV and health work more broadly.

The role for allies

Expanding and deepening networks of allies, in particular fostering links between key populations and scientists, health workers, legal professionals, policymakers, faith leaders, media and the private sector, will be vital to building a sustainable HIV response. Finding common ground with broader social movements is a critical element to policy change and reform.

One such UNDP-led initiative brings together members from the judiciary in regional fora in Africa, Eastern Europe and Central Asia and Latin America and the Caribbean to deepen knowledge and understanding of law, rights and HIV, and the impact of punitive laws and policies.

This work has contributed to informing judicial decisions upholding the rights of marginalized communities in Botswana, Kenya, Namibia, Mauritius and Tajikistan and beyond.

Hundreds of parliamentarians worldwide can now support LGBTIQ+ inclusion through the Handbook for Parliamentarians on Advancing the Human Rights and Inclusion of LGBTI People. These demonstrate how allies can use their power and privilege to shape inclusive polices and institutions that support the dignity and human rights of people living with and affected by HIV.

Unlocking innovative financing

Progress will not be possible without addressing the funding gap. Yet investment in HIV is declining, and funding for primary prevention programmes in low- and middle-income countries has dropped, with a sobering 80 percent gap in 2023.

Countries must boost sustainable investments in the HIV response. This includes both for services and for addressing the structural barriers for these services, particularly in low- and middle-income countries.

Through SCALE, UNDP funds 44 key population-led organizations in 21 countries, boosting capacities to share good practice and remove the structural barriers which impede their access to services and violate their human rights. In the Philippines, Cebu United Rainbow LGBT Sector (CURLS) is working towards comprehensive key population protection ordinances, contributing to the recently-signed Implementing Rules and Regulations of Mandaue City’s LGBTIQ+ Anti-Discrimination Ordinance. These will encourage LGBTIQ+ communities to more proactively engage with services.

Strong national leadership and inclusive institutions are also vital to scaling up funding. Last year UNDP worked with 51 countries to expand innovative financing for HIV and health, utilizing strategies such as investment cases, social contracting, inclusive social protection, health taxes and co-financing.

Achieving health for all

As polycrisis threatens the hard-won gains of the HIV response and the clock winds down on the 10-10-10 targets, we must remain steadfast and focused on the task; scaling national key population-led strategies, promoting allyship and inclusive institutions, and unlocking sustainable funding. The stakes couldn’t be higher.

Achieving the 10-10-10 targets will not only be a victory against this preventable disease, but also against the stigma and discrimination faced by those left furthest behind, ultimately benefiting the health of people everywhere.

There is no path to ending AIDS as a public health threat without the triple ten targets.

Mandeep Dhaliwal is Director of the HIV and Health Group, UNDP; Kevin Osborne is Manager, SCALE Initiative, HIV and Health Group, UNDP.

Source: UNDP

IPS UN Bureau

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USA: ‘The Stakes in the 2024 Election Are Incredibly High for the Fate of US Democracy’

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Jul 25 2024 (IPS) –  
CIVICUS discusses the recent US Supreme Court ruling on presidential immunity and its potential impact on the 5 November presidential election with Ciara Torres-Spelliscy, a professor of Law at Stetson University College of Law.

On 1 July, the US Supreme Court ruled that presidents have absolute immunity for the exercise of their core constitutional powers and are entitled to a presumption of immunity for other official acts, although they don’t enjoy immunity for unofficial acts. The decision comes as Donald Trump faces criminal charges for trying to overturn his 2020 election loss to Joe Biden. The question now is whether Trump’s actions will be considered official or unofficial. But it’s unlikely he’ll be tried before the election, and if he returns as president he could pardon himself. Critics claim the Supreme Court ruling violates the spirit of the US Constitution by placing the president above the law.

What are the main points of the Supreme Court ruling on presidential immunity?

This is a ruling in the federal case against Trump for trying to overturn his loss to Biden in the 2020 election. He is accused of pressuring state officials to overturn the results, spreading lies about voter fraud and using the Capitol riot of 6 January 2021 to delay Biden’s certification and stay in power. Trump pleaded not guilty and asked the US Supreme Court to dismiss the entire case, arguing that he was acting in his role as president and was therefore immune from prosecution.

The Supreme Court didn’t do that, but instead created three new categories of presidential immunity: complete immunity for official acts involving core constitutional powers, potential immunity for acts within the ‘outer perimeter’ of official duties and no immunity for private, unofficial acts.

The key question now is whether Trump’s actions will be deemed official, giving him immunity, or unofficial, leaving him open to prosecution. This is the first case of its kind, as Trump is the first American president to be prosecuted.

How does this ruling affect Trump’s other criminal cases?

This immunity ruling is likely to delay all four of his criminal cases, as judges will have to apply these new rules and drop any charges that involve the use of core presidential powers, as these can no longer be used as evidence against him.

As well as being accused of trying to overturn his 2020 defeat, Trump is also accused of paying adult film actress Stormy Daniels hush money during the 2016 election and not properly accounting for it in his business records. This case is unlikely to be affected by the ruling, as his actions don’t involve either core or peripheral presidential powers. Judge Merchan will have to decide whether any of his 34 felony business fraud convictions will stand or be thrown out.

But some of his other crimes occurred during his time in the Oval Office. Trump is accused of conspiring to overturn his 2020 loss in Georgia by asking the state’s top election official to ‘find 11,780 votes’. Trump has pleaded not guilty and could be prosecuted in his personal capacity, as presidents have no role in administering US elections. As in the Capitol case, this was a private action he took as a candidate and it would be difficult to fit into the category of presidential immunity.

The fourth case Trump faces is the Mar-a-Lago classified documents case. Trump is accused of mishandling classified documents by taking them to his Mar-a-Lago residence after leaving office and refusing to return them to the National Archives when he could no longer lawfully possess them. As his alleged crimes took place when he was no longer president, this case shouldn’t be affected by the immunity ruling. However, he could argue he possessed the documents while in office and ask that his case be treated differently from other defendants. This case was dismissed by Judge Cannon. However, the Mar-a-Lago criminal case could come back to life if the 11th Circuit reverses her dismissal.

What are the broader implications of this case for the presidential election?

After this decision, the American public should think about the consequences of who they elect as president, because the presidency can become a wellspring of crime.

An honest president wouldn’t be affected by the Trump v. US decision, because an honest person doesn’t need criminal immunity. Only time will tell whether the Supreme Court has invited future presidents to go on a crime spree. But what is certain is that only US voters can keep criminals out of the White House. So, as I write in my new book, Corporatocracy, the stakes in the 2024 election are incredibly high for the fate of US democracy.

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

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This Time is Different for Fiscal Policy – Ageing Proceeds Fast

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Opinion

Senior citizens are exercising at a park in Bangkok. Out of 67 million Thais, 12 million are elderly. Credit: UNFPA Asia and the Pacific

BANGKOK, Thailand, Jul 25 2024 (IPS) – Several Asia-Pacific countries are ageing fast. This transition is neither unique nor limited to the region — it is a global megatrend. However, this time it is different. Why? Because ageing proceeds quite fast.

While France and Sweden took 115 and 85 years, respectively, to progress from being an ageing society (with 7-14 per cent of the population aged 60 or older) to an aged society (14-21 per cent aged 60 or older), the same transition in China, Singapore, Thailand and Viet Nam is expected to take only 19-25 years.

Compared to other global megatrends that are shaping economies, such as digitalization or climate change, demographic shifts remain relatively foreseeable and slower by nature. This provides some soothing yet misleading comfort to policymakers. The impact these shifts have on economies is far from being simple, and analysts struggle to fully understand and/or quantify them.

The economy is the people. Therefore, demographic shifts stand out as one of the most influential factors shaping any aspect of an economy. Changing demographics means altering the essence and purpose of all economic activities.

As the purpose changes, so do the needs. Changes in productivity, the share of population in job markets, fiscal policy conduct and effectiveness, and how monetary policy affects economies – all these processes introduce high uncertainty into long-term economic and fiscal policy planning.

Why do the analysts struggle with quantifying the economic impact of ageing? The net change is a sum of multiple factors, often working in opposing directions. As people age, their productivity tends to fall. On the other hand, this trend is offset by technological progress, though to a largely unknown extent, making the net impact difficult to predict.

Ageing societies also exhibit a shift in consumption from durables (e.g. cars) to essential services (e.g. health care), thus affecting a country’s composition of demand for goods and services and tax revenues. Ageing also changes labour force participation. In simple terms, the share of working people in aged societies is lower than in young ones.

Furthermore, the more developed a society is, the greater the temptation to withdraw from the workforce as older people have the possibility to withdraw faster from labour force and enjoy the comfort of retirement. In contrast, in developing societies older people must work up until very old age to avoid poverty. No stone remains unturned.

Why is that all troublesome from the perspective of fiscal policymaking?

First, policymakers would like to know how much of goods and services are and will be produced so that they can plan how to redistribute them through taxes and fiscal expenditures. In plain words, policymakers need to know how to cut and redistribute the “economic pie” (GDP) – and it is not easy to predict its size in the future.

Second, some fiscal expenditures increase and some fall as societies age. Fiscal expenditures on pensions rise along with health care and other forms of social protection. In contrast, education expenditures fall given less demand for children education.

Third, the exact scale and time of these shifts is not easy to determine.

However, Governments do not have to remain passive observers of the demographic shifts, as they have multiple tools to soften the negative impact and boost positive processes. For example, premature retirement results in excessive burden on the fiscal system. Reskilling and upskilling of older people do retain them in work force, increase economic output and reduce poverty among older persons.

At the same time, governments may implement society-wide policies that support healthy and active ageing. With the help of modern technologies and experience from other aged countries, such as Japan, much can be done to keep people active into old age.

All such actions not only improve quality of life and economic performance among older people, but also, directly alleviate the fiscal burden of pension systems as retirement is postponed.

Finally, all the challenges highlighted above and policies needed to address them are closely linked. Therefore, policymakers should seek to address few problems at a time looking for synergies.

For example, greater investments in health care, education, social protection, and environment protection do not only improve the quality of life but also allow people to stay employed for a longer time period.

A better environment improves people’s health condition, which supports economic activity and decreases public spending needs for social protection and health care. In turn, saved social protection and health care expenditures can be used to support other development priorities.

This holistic approach must become the norm of government policy planning. Socioeconomic policies must embrace the idea of synergies between their goals, so that spending on one policy target also supports other goals.

For more insights into how demographic shifts are reshaping Asia-Pacific economies, fiscal policy, and the overall development agenda please delve into the Economic and Social Survey of Asia and the Pacific 2024, prepared by the United Nations Economic and Social Commission for Asia and the Pacific.

Michał Podolski is Associate Economic Affairs Officer

IPS UN Bureau

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How African Governments Can Lead the Way on Ending Child Marriage

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Opinion

Credit: Equality Now

NAIROBI, Kenya, Jul 24 2024 (IPS) – Thandi*, a 14-year-old girl from Malawi, is both a child and a mother. After she and her siblings were orphaned, they were left in the care of their grandmother, who struggled to provide for them.

Thandi recalls with sorrow how two years ago, her grandmother ‘sold’ her to a much older man for a bride price of 15,000 Malawian Kwacha (approximately USD $8.65). This meager sum was only enough to buy a week’s worth of food for the family.

Forced to drop out of school to become a wife, Thandi’s dreams of education were abruptly curtailed when she left education in Standard 7 (Grade 6). She explains, “Watching my friends continue with their schooling while I grappled with the challenges of marriage has left lasting scars.”

Over 6,000 kilometers away in Nigeria’s north-western Niger State, at the end of May 2024, the local government orchestrated marriages for 100 young women. Most were orphans who lost parents in the frequent bandit attacks that plague the region. Local officials claim that all the brides were aged over 18, but there are serious concerns that many were minors.

Child marriage remains widespread across Africa

A new report by Equality Now, Gender Inequality in Family Laws in Africa: An Overview of Key Trends in Select Countries, reveals pervasive discrimination in family laws across Africa, where child marriage remains widespread.

The continent is home to 127 million child brides. Although global rates of child marriage have declined from 23% to 19%, current trends suggest that by 2050, nearly half of the world’s child brides will be African.

The causes of child marriage are multifaceted. Challenges such as climate crisis, conflict, and socio-economic instability disproportionately affect women and girls, putting them at greater risk of human rights violations.

Rather than addressing systemic issues like poverty, sexual violence, and poor access to social support and reproductive healthcare, communities often resort to marrying girls off.

Governments are failing to protect girls

As in Thandi’s case, child marriage is commonly treated as a socio-economic band-aid. In her home country of Malawi, the practice has been completely illegal since 2017, when the government took the commendable step of raising the age of marriage to 18 for both boys and girls without exception.

However, child marriage remains widespread amongst a population that has over 70% living below the international poverty line, with 2020 data showing that 38% were married before the age of 18,

The situation is similar in other African countries. Niger is reported to have the world’s highest rate of child marriage among girls, with 76% married before 18. While in Mauritania, World Bank research cited that girls from the poorest households are almost twice as likely to marry compared to those living in the richest households.

Child marriage reinforces gender inequality, with girls viewed primarily as wives and mothers. What is especially concerning is how these harmful societal norms are sometimes state-backed by governments less willing to uphold girls’ rights.

In Mali, a watershed judgment by the African Court on Human and Peoples’ Rights in 2018 found Mali’s Personal and Family Code, which allows girls to marry at 15 or 16 while setting the same for boys at 18, violated Mali’s international and regional human rights obligations.

The African Court directed Mali to revise its Family Code to set the minimum age of marriage for both girls and boys at 18. Mali’s government has not yet implemented the judgment, rendering girls vulnerable to becoming child brides.

In Tanzania, a landmark judgment in 2016 mandated the government to set the minimum age of marriage for both boys and girls at 18, but Tanzania has yet to amend the Law of Marriage Act. This failure to enforce the judgment is leaving girls unprotected and is compounded by challenges that pregnant girls and adolescent mothers face in accessing education.

Tanzania’s long-term policy of expelling pregnant students from school was ruled by the African Committee of Experts on the Rights and Welfare of the Child (ACERWC) in 2022 to be a violation of girls’ human rights.

While the government has subsequently officially withdrawn this policy, the provisions in the Education Act that authorise exclusion from school of girls who are married, pregnant, or mothers remains unchanged, and there are serious concerns about the impact of Tanzania’s failure to fully implement ACERWC’s decision.

Girls across Africa who become pregnant may face the trauma of being forced to marry as a way to uphold family “honour” and avoid the social stigma associated with pregnancy outside of wedlock.

A cycle of abuse is perpetuated with young wives often denied access to education and economic opportunities, leaving them dependent on their husbands and in-laws. This makes them more susceptible to domestic violence and limits their ability to seek help or escape abuse.

African States have legal obligations to protect girls from early marriage

Child marriage is a gross violation of human rights and is prohibited by Article 16(2) of the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), Article 6 of the Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa (Maputo Protocol), and Article 21 (2) of the African Charter on the Rights and Welfare of the Child (the African Children’s Charter).

The Constitutive Act, which established the African Union, recognizes the promotion of gender equality as a fundamental principle of the Union. Guidance on how Member States can end child marriage is provided by instruments such as the Joint General Comment of the African Commission on Human and Peoples’ Rights (ACHPR) and the African Committee of Experts on the Rights and Welfare of the Child (ACERWC) on Ending Child Marriage.

The Southern African Development Community (SADC) Model Law on Eradicating Child Marriage and Protecting Children Already in Marriage is another great source for states to consider.

Government progress has been slow and inconsistent

Equality Now’s family laws report notes laudable progress, with comprehensive bans on marriage under 18 years introduced in various countries, including Côte d’Ivoire, the Democratic Republic of Congo, Egypt, Kenya, Malawi, Mozambique, and The Gambia.

However, progress overall has been protracted, inconsistent, and impeded by setbacks, insufficient political will, and weak implementation. Challenges are compounded by the plural legal systems in many African countries, where religious and customary legal provisions often contradict regional and international human rights standards.

In countries such as Cameroon, Nigeria, Senegal, South Sudan, Sudan, and Tanzania, discriminatory age limit provisions permit girls to be married younger than boys, while in nations including Angola, Algeria, and Tunisia, exceptions on civil or customary grounds remain.

Education is a remedy for child marriage

Urgent action is needed by 2030 to ensure all girls complete a full cycle of basic education. African leaders must work fast to develop and accelerate the implementation of progressive education policies that align and integrate with laws and policies addressing child marriage.

Strengthening legal frameworks to ensure the minimum age of marriage is set at 18 without exceptions is essential. Prosecution and punishment of perpetrators should be accompanied by behavior change campaigns that shift social norms and raise awareness about the harms of early on girls, their children, and the wider society.

Underpinning this all should be the application of a multi-sectoral approach entailing coordinated efforts across multiple sectors, including the state and civil society. Government policy and funding must prioritize women’s rights and define the responsibilities of different government arms, including health, finance, justice, social welfare, youth, and education agencies.

Providing scholarships and financial incentives, such as conditional cash transfers, can help keep girls in school and diminish the economic incentives for early marriage. Rwanda is a good example, having achieved significant increases in girls’ school enrolment and a corresponding decrease in child marriage.

The country has made education free and compulsory through secondary school, and the state is investing heavily in teacher training and school infrastructure.

Another noteworthy case is Ethiopia’s investment in the Berhane Hewan programme, which combines education with community awareness. Girls who participated were 90% less likely to be married before the age of 15 compared to those not in the programme.

Enhancing the capacity to collect, analyse, and use sex-disaggregated data for policymaking is also crucial for informed decisions. This data can highlight disparities and guide targeted interventions.

Moreover, implementing education programs that include comprehensive sex education is vital. Such programs empower girls with knowledge about reproductive health and their rights, thereby reducing rates of child marriage and early pregnancies.

In Mozambique, the Gender Strategy for the Education Sector aims to create equal rights and opportunities for girls in the education sector. While a strategy like this is geared towards equality in education, if data collection around child marriages is incorporated it can produce results on strategy’s impact on child marriage.

Governments must tackle the root causes of child marriage

To genuinely protect and empower young women, governments must address the underlying causes of girls’ vulnerabilities. This includes tackling drivers such as conflict and climate crisis, improving social protection systems, introducing legal reforms to prohibit child marriage without exception, and ensuring the effective implementation of laws.

Efforts must also be made to challenge and change harmful cultural and religious practices that undermine the rights of women and girls.

Critically, African Union Member States must universally ratify and implement the Maputo Protocol and the African Children’s Charter. To adequately equip girls to thrive in the 21st century, they must also discharge the education and gender equality obligations they have committed to under Agenda 2063 and Africa’s Agenda for Children 2040.

*Thandi is not her real name.

Deborah Nyokabi is Gender Policy Expert, Equality Now.

IPS UN Bureau

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