India’s Election: Cracks Start to Show in Authoritarian Rule

Asia-Pacific, Civil Society, Crime & Justice, Featured, Headlines, Human Rights, Press Freedom, Religion, TerraViva United Nations

Opinion

Credit: Himanshu Sharma/picture alliance via Getty Images

LONDON, Jun 7 2024 (IPS) – India’s Hindu nationalist strongman Narendra Modi has won his third prime ministerial term. But the result of the country’s April-to-June election fell short of the sweeping triumph that seemed within his grasp.

Modi’s Bharatiya Janata Party (BJP) has shed seats compared to the 2019 election, losing its parliamentary majority. Modi remains prime minister thanks to coalition partners. It’s a long way from the 400-seat supermajority Modi proclaimed he wanted – which would have given him power to rewrite the constitution.


The outcome may be that Modi faces more checks on his power. If so, that can only be good news for those he’s consistently attacked – including civil society and India’s Muslim minority.

Modi’s crackdown

Under Modi, in power since 2014, civic space conditions have deteriorated. India’s election was accompanied by the usual headlines about the country being the world’s largest democracy. But India’s democracy has long been underpinned by an active, vibrant and diverse civil society. Modi has sought to constrain this civic energy, seeing it as a hindrance to his highly centralised and personalised rule.

Modi’s government has repeatedly used repressive laws, including the draconian Unlawful Activities Prevention Act, to harass, intimidate and detain activists and journalists on fabricated charges. Law enforcement agencies have raided numerous civil society organisations and media companies. In October 2023, for example, police raided the homes of around 40 staff members of the NewsClick portal and detained its editor.

This was one of many attacks on media freedoms. Independent journalists routinely face harassment, intimidation, threats, violence, arrests and prosecution. Last year, the government banned a BBC documentary on Modi, followed by tax investigation raids on the corporation’s Indian offices.

The authorities have also used the Foreign Contribution Regulation Act to block access to international funding for civil society organisations, targeting those critical of their attacks on human rights. In 2020, the government amended the law to make it even stricter, extending powers to freeze bank accounts. Since the start of 2022, the authorities have cancelled registrations of almost 6,000 organisations.

The authorities have also unleashed violence against protesters. In 2019, citizenship legislation created a way for undocumented migrants to become Indian citizens – but only if they weren’t Muslim. Despite India’s secular constitution, the law introduced religious criteria into the determination of citizenship. The passage of this discriminatory law brought tens of thousands to the streets. Security forces responded with beatings, teargas and arrests, accompanied by internet shutdowns.

It was the same when farmers protested in 2020 and 2021, believing new farming laws would undermine their ability to make a living. The farmers ultimately triumphed, with Modi repealing the unpopular laws. But several farmers died as a result of the authorities’ heavy-handed response, including when a minister’s car ploughed into a crowd of protesters. Once again, the authorities shut down internet and mobile services, and police used batons and teargas and arrested many protesters.

As the new citizenship law made clear, those who have least access to rights are the ones most under attack. Muslims are the BJP’s favourite target, since it seeks to recast the country as an explicitly Hindu nation. The party’s politicians have consistently stoked anti-Muslim hatred, including over the wearing of hijabs, interfaith marriage and the protection of cows – a revered animal in Hinduism.

Modi has been accused of spreading anti-Muslim hate speech and conspiracy theories, including on the campaign trail. During the election, he called Muslims ‘infiltrators’ and alluded to India’s version of a narrative often advanced by far-right parties – that a minority population is out to replace the majority through a higher birthrate and the conversion of partners.

The BJP’s populist rhetoric has encouraged hatred and violence. In 2020, Delhi saw its worst riots in decades, sparked by violence at a protest against the citizenship law. Groups of Hindus and Muslims fought each other and 53 people were killed, most of them Muslims.

Top-down institutional violence followed the unilateral revocation of Jammu and Kashmir’s special autonomous status in 2019. The removal of constitutional protections for this Muslim-majority region was accompanied by a military occupation, curfew, public meeting ban, movement restrictions and one of the world’s longest-ever internet shutdowns. Indian government authorities have detained thousands of Kashmiri activists and criminalised countless journalists.

Disinformation thrives

Ahead of the election, the state detained key opposition politicians such as Delhi’s Chief Minister Arvind Kejriwal and froze opposition bank accounts, including of the main opposition party, Congress. Almost all politicians investigated by the government’s Enforcement Directorate are from the opposition.

Indian elections always take several weeks, given the huge logistical challenge of allowing up to 969 million people to vote. But this one, spread over 82 days, was unusually long. This allowed Modi to travel the country and make as many appearances as possible, representing a campaign that put his personality front and centre.

Disinformation was rife in the campaign. BJP politicians spread claims that Muslims were engaged in what they called a ‘vote jihad’ against Hindus, accompanied by accusations that the opposition would favour Muslims. Congress leader Rahul Gandhi was a particular target, with false allegations of links to China and Pakistan and doctored videos in circulation.

But despite the many challenges, the opposition coalition performed better than expected. The result suggests at least some are tired of the Modi personality cult and politics of polarisation. And for all the BJP’s attempts to emphasise economic success, many voters don’t feel better off. What matters to them are rising prices and unemployment, and they judged the incumbent accordingly.

It’s to be hoped the result leads to a change in style, with less divisive rhetoric and more emphasis on compromise and consensus building. That may be a tall order, but the opposition might now be better able to play its proper accountability role. Modi has lost his sheen of invincibility. For civil society, this could open up opportunities to push back and urge the government to stop its onslaught.

Andrew Firmin is CIVICUS Editor-in-Chief, co-director and writer for CIVICUS Lens and co-author of the State of Civil Society Report.

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North Macedonia Turns Back the Clock

Civil Society, Crime & Justice, Economy & Trade, Europe, Featured, Headlines, Press Freedom, TerraViva United Nations

Opinion

Credit: Robert Atanasovski/AFP via Getty Images

LONDON, May 23 2024 (IPS) – The old guard is back in North Macedonia, as the former ruling party – the Internal Macedonian Revolutionary Organization – Democratic Party for Macedonian National Unity (VMRO-DPMNE) – returns to parliamentary and presidential power.


Long the country’s dominant political force, the right-wing VMRO-DPMNE had been out of power since 2016. But this month, the political alliance it leads came first in the parliamentary election, taking 58 of 120 seats. In the presidential election runoff, its candidate triumphed with 61 per cent of the vote. In both cases the centre-left, pro-Europe Social Democratic Union of Macedonia (SDSM), which had led the governing coalition and held the presidency, came a distant second. In parliament, its political alliance lost 28 of its 46 seats with only 14 per cent of the vote.

VMRO-DPMNE made its way back to office by harnessing widespread public frustration over the country’s attempt to join the European Union (EU), which has moved slowly, been dogged by controversy and forced the government to make numerous compromises. SDSM stood on a platform of rapid constitutional reform to accelerate progress, but VMRO-DPMNE, while claiming to support EU membership, opposes further changes. Its return signals a turn away from Europe, and a likely worsening of civil society conditions.

Rocky road towards the EU

North Macedonia has been an official candidate to join the EU since 2005. Negotiations are always lengthy, but North Macedonia’s road has been particularly bumpy. Before it could begin formal negotiations, it had to change the country’s name. Any existing EU member can block a non-member’s accession, and Greece stood in the way. The country shared its name with a region of Greece, which the Greek government saw as implying a territorial claim.

The hugely controversial issue brought extensive protests as name-change negotiations reached their conclusion in 2018. A referendum intended to approve the change failed when a boycott left turnout well below the level required; VMRO-DPMNE urged its supporters to reject the deal. The referendum was non-binding, and parliament went on to change the constitution regardless in January 2019.

Then Bulgaria intervened. The Bulgarian government insists its North Macedonian counterpart must do more to prevent the spread of anti-Bulgarian sentiments and protect the rights of the country’s Bulgarian minority. This heated issue, inflamed by much disinformation, helped force a political crisis in Bulgaria in 2022 when the government collapsed.

The two sides finally struck a deal to allow North Macedonia to begin EU negotiations in July 2022, but disputes still flare. In 2023 Bulgaria’s parliament warned it could halt the process again. North Macedonia’s outgoing government failed to win the two-thirds parliamentary majority needed to change the constitution to recognise the Bulgarian minority.

Relations with Bulgaria played their part in the campaign. Some think the government has gone too far in compromising, and VMRO-DPMNE characterised the SDSM-led government’s actions as a surrender.

As a consequence of all the delays and compromises, public support for joining the EU has fallen.

A troubling return

VMRO-DPMNE led the government for a decade from 2006 to 2016, with Nikola Gruevski prime minister throughout. The party also held the presidency, a less powerful role, from 2009 to 2019.

Gruevski and his party fell from grace in 2016 amid allegations that he and many more of his party’s politicians were involved in a wiretapping scandal affecting over 20,000 people. Mass protests followed. VMRO-DPMNE still came first in the 2016 parliamentary election but couldn’t form a coalition, so power passed to an SDSM-led government. SDSM retained power in the 2020 election, and its candidate won the presidency in 2019.

Gruevski’s fall was swift. In 2018, he was sentenced to two years in prison for corruption, but he fled to Hungary, where the government of his authoritarian friend Viktor Orbán granted him political asylum. Further convictions followed, including a seven-year sentence for money laundering and illegal acquisition of property.

From exile, Gruevski has continued to criticise the government that replaced him. And while relations with VMRO-DPMNE’s current leader are hostile, ideologically VMRO-DPMNE still carries his fingerprints and the networks Gruevski developed among supportive media, the private sector and criminal groups remain. Under Gruevski, the party took a nationalist, pro-Russia and anti-west direction, promoting identity politics that hark back to the ancient Macedonian Empire.

For civil society, this makes the results concerning news. Conditions deteriorated during VMRO-DPMNE’s decade in power. The party’s identity politics fuelled a polarised environment. Nationalist groups physically attacked several journalists. Civil society leaders were among those subjected to illegal surveillance. Using the same tactics as Orbán, the government hurled abuse at civil society groups receiving funding from Open Society Foundations, accusing them of colluding with foreign governments. It subjected critical organisations to financial audits and raided their offices.

The election was held in an atmosphere of intense polarisation and proliferating disinformation, some originating in Russia, which doesn’t want any more countries joining the EU. There’s now a risk of a return to the politics of division, which would bring a resumption of attacks on civil society and independent media. VMRO-DPMNE has already made clear it’s looking for confrontation. New president Gordana Siljanovska-Davkova upset Greece by using North Macedonia’s old name during her inauguration ceremony.

The EU impasse wasn’t the only reason voters were unhappy. People haven’t seen any progress in combating corruption or improving economic conditions and public services. In country after country, there’s a broader pattern of electoral volatility as voters, unhappy with the performance of incumbents in difficult economic conditions, shop around for anything that looks different. Populist and nationalist parties – even long-established ones such as VMRO-DPMNE – are doing best at making an emotional connection with voters’ anger, offering deceptively simple answers and promising change.

For civil society, that means there’s now work to be done in depolarising the debate, building consensus and defending civic freedoms: a tall order, but a vital one, for which it’ll need a lot of support.

Andrew Firmin is CIVICUS Editor-in-Chief, co-director and writer for CIVICUS Lens and co-author of the State of Civil Society Report.

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Panama’s Elections: Has Impunity Prevailed?

Civil Society, Climate Change, Crime & Justice, Economy & Trade, Education, Featured, Headlines, Labour, Latin America & the Caribbean, Migration & Refugees, TerraViva United Nations

Opinion

Credit: Johan Ordoñez/AFP via Getty Images

MONTEVIDEO, Uruguay, May 21 2024 (IPS) – Regional experts called it Panama’s most important election since the 1989 US invasion that deposed de facto president General Manuel Noriega. Panamanians went to the polls amid high inflation and unemployment, with a stagnating economy. Endemic corruption was also high on their long list of concerns, along with access to water, education and a collapsing social security system.


The winner, conservative lawyer José Raúl Mulino, was a stand-in for former president Ricardo Martinelli, disqualified from running due to a money laundering conviction. Martinelli remains popular regardless and managed to transfer his popularity to his less charismatic substitute. For those who backed Mulino, nostalgia for the economic stability and growth that marked Martinelli’s pro-business administration seemed to outweigh his proven record of corruption.

On the face of it, the election results seemed to demonstrate the primacy of economic considerations in voters’ minds, with hopes for growth trumping corruption fatigue. But that’s not the whole story.

Free, fair and uncertain

On 5 May, Panamanians went to the polls to elect a president and vice-president, 71 National Assembly members, 20 Central American Parliament deputies and local representatives.

The elections were undoubtedly clean and transparent, with integrity guaranteed by the participation of civil society in the National Scrutiny Board. Results were announced quickly and all losing candidates accepted them. But the pre-voting context was far less straightforward. Until the very last minute the now president-elect wasn’t sure he’d be allowed to run.

Mulino served as security minister in Martinelli’s government between 2009 and 2014. Ten years later, largely unknown to the electorate, he entered the race as Martinelli’s running mate for Achieving Goals (Realizando Metas, RM), a party Martinelli founded in 2021.

In July 2023, Martinelli was convicted of money laundering and sentenced to 10 years in prison, making him ineligible to run. He appealed, but the Electoral Tribunal didn’t make a final decision on his disqualification until March. To avoid jail, he sought asylum in the Nicaraguan embassy in Panama City. Mulino took his place, but his presidential candidacy was also challenged. For two months, he became the centre of attention as the Electoral Tribunal and Supreme Court debated whether he could ran. The positive court ruling came on 3 May, just two days before voting. Mulino also received a lot of help from Martinelli, who campaigned for him online while holed up in the Nicaraguan embassy.

A fragmented vote

Eight candidates contested the presidency, a five-year position with no possibility of a second consecutive term. With no runoff, a fragmented vote was likely to produce a winner with far less than half the vote. Mulino’s winning total of 34.2 per cent wasn’t unusual: two previous presidents received similarly low shares, including the outgoing centre-left president, Laurentino Cortizo of the Democratic Revolutionary Party (Partido Revolucionario Democrático, PRD).

Mulino’s closest competitor, on 24.6 per cent, was Ricardo Lombana, a centre-right anti-corruption outsider. In third place was Martin Torrijos, another former president and Martinelli’s immediate predecessor, now distanced from his original party, the PRD, and running on the ticket of the Christian democratic People’s Party (Partido Popular, PP). Fourth was Rómulo Roux, of the centre-right Democratic Change (Cambio Democrático, CD), the party Martinelli founded and used as a vehicle for the presidency, but which he abandoned in 2020 amid leadership disputes.

The parties that once dominated the political landscape fared badly. The Panameñista Party didn’t even have a presidential candidate; instead, its leader joined Roux as his running mate. The PRD, which led three of the last six governments, fell below six per cent.

Independents on the rise

In 1998, Martinelli’s CD was the first to challenge the dominance of traditional parties. Later changes to the electoral law allowed independent candidates to stand. Their growing prominence reflects widespread dissatisfaction with traditional parties and the political class.

In the 5 May congressional elections, independent candidates won more seats than any political party – 20, up from just five. Mulino’s new RM party took 14 seats. The PRD lost a whopping 22, retaining only 13. The new composition of the National Assembly speaks of a thirst for renewal that doesn’t match the choice for corruption and impunity the presidential results might suggest.

Spotlight on the economy

For the three decades before the pandemic, the Panamanian economy grew by around six per cent a year, helped by income from the Panama Canal and construction and mining booms. But then challenges started piling up. The economy slowed down. Jobs disappeared. Inflation rose.

Activity in the Panama Canal has been severely affected by the impacts of climate change, with a drop in water levels. Drought has also reduced access to drinking water in some regions. Meanwhile an unprecedented rise in the numbers of migrants travelling through the Darién Gap, the treacherous stretch of jungle at the border with Colombia, has stretched the resources of the humanitarian assistance system.

Mulino campaigned on promises to improve the economy by attracting investment, developing infrastructure and creating jobs. He pledged to improve access to safe water and promised to ‘shut down’ the Darién Gap.

Mulino’s voters may have accepted the bargain he appeared to offer – prosperity in exchange for impunity – but many more people voted against him than for. He was able to win because the vote against was so fragmented. The number of independents who entered Congress is just one of many indicators of widespread dissatisfaction with politicians like him.

Mulino will have to deliver on his promises to attract investment and create jobs. He’ll need to reduce inequalities and deal with growing insecurity, the situation in the Darién Gap and a pensions system on the brink of insolvency. Last but not least, he’ll need to strengthen institutions and tackle corruption – which begs the question of what he’ll do about Martinelli.

The challenges are many and great, and Mulino won’t have anything close to a legislative majority. The National Assembly is so fragmented that a high-level deal with one or two parties won’t be enough. Mulino seemed to recognise this on election night when he called for national unity and said he was open to dialogue and consensus. This was a first step in the direction he should keep following.

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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Solomon Islands: A Change More in Style than Substance

Asia-Pacific, Civil Society, Crime & Justice, Democracy, Economy & Trade, Featured, Global, Headlines, Human Rights, Press Freedom, TerraViva United Nations

Opinion

Credit: Saeed Khan/AFP via Getty Images

LONDON, May 16 2024 (IPS) – There’s change at the top in Solomon Islands – but civil society will be watching closely to see whether that means a government that’s grown hostile will start doing things differently.


Jeremiah Manele is the new prime minister, emerging from negotiations that followed April’s general election. He’s part of OUR Party, led by outgoing four-time prime minister Manasseh Sogavare. The party came first, winning 15 of 50 constituencies, but several incumbents who stood for it lost their parliamentary seats, and Sogavare only narrowly held his. Weakened, Sogavare stood aside to allow Manele to prevail as the consensus candidate of the post-election coalition his party stitched together.

China in the spotlight

Voters had to wait to have their say. The election was supposed to be held in 2023 but the government postponed it. It claimed it couldn’t afford to hold the election and host the Pacific Games in the same year, and temporarily suspended constitutional provisions through a parliamentary vote. The opposition accused Sogavare of a power grab and questioned his commitment to democracy.

Political debate in recent years has been dominated by the government’s relations with China, a major funder of the 2023 Pacific Games. Sogavare pivoted towards China shortly after becoming prime minister for the fourth time in 2019. Until then, Solomon Islands was among the small number of states that still recognised Taiwan instead of China. The move was controversial, made with no consultation after an election in which it hadn’t been an issue.

Sogavare then signed a series of agreements with China, including a highly secretive security cooperation deal. For civil society, this raised the concern that Solomon Islands police could be trained in the same repressive techniques used in China, and Chinese security forces could be deployed if unrest broke out. The country has experienced several bouts of conflict, including ethnic unrest and violent protests started by young unemployed men, with some violence targeting people of Chinese origin. Such conflict followed controversial post-2019 election manoeuvres that returned Sogavare to power, and surged again in 2021 over the government’s relations with China. Sogavare blamed ‘foreign powers’ for the 2021 unrest.

China is making extensive economic diplomacy efforts to encourage states to switch allegiance and has developed a keen interest in Pacific Island nations, long neglected by western powers. Its efforts are paying off, with Kiribati and Nauru also abandoning Taiwan in recent years. The Pacific Islands cover a vast oceanic territory, and a major Chinese foreign policy objective is to break up the island chains it sees as encircling it and constraining its reach. It’s long been suspected of coveting a naval base in Solomon Islands.

Further, while the populations may be small, each state has an equal vote in the United Nations, and the more allies China has, the more it can shield itself from criticism of its many human rights violations.

China didn’t just help pay for the Games. It provides direct funding to pro-government members of parliament, and has been accused of outrightly trying to bribe politicians. Daniel Suidani, a strong opponent of deals with China, claims to have been offered bribes to change his position. Suidani was premier of Malaita Province, until 2023, when he was ousted in a no-confidence vote following the central government’s apparent intervention. Police then used teargas against protesters who supported him.

China’s attempts to exert influence extend to the media. Last year, it was reported that the Solomon Star newspaper had received funding from the Chinese state in return for agreeing to publish pro-China content.

Disinformation favourable to China also circulated during the campaign. A Russian state-owned news agency falsely reported that the US government was planning what it called an ‘electoral coup’, a lie repeated by the Chinese Communist Party’s Global Times newspaper. During the campaign, Sogavare also doubled down on his support for China, heaping praise on its political system and suggesting that democracy might open the door to same-sex marriage, which he portrayed as incompatible with his country’s values.

At the same time as China’s media influence has grown, the Solomon Islands government has gained a reputation for attacking media freedoms. It took full control of the public broadcaster, the Solomon Islands Broadcasting Corporation, giving itself the power to directly appoint the broadcaster’s board, and made an attempt to vet all of its news and current affairs programmes, which it dropped after backlash. Following an investigation of relations with China by Australia’s public broadcaster, the government threatened to bar foreign journalists from entering the country if they run stories it deems ‘disrespectful’, accusing media of spreading ‘anti-China sentiments’.

Following criticism, the government also threatened to investigate civil society and accused civil society organisations of fraudulently receiving funds. It’s clear that the other side of the coin of closer relations with China has been growing hostility towards dissent.

Looking forward

China was far from the only issue in the campaign, and many voters emphasised everyday concerns such as the cost of living, the state of education, healthcare and roads, and the economy. Some criticised politicians for spending too much time talking about foreign policy – and will be judging the new government by how much progress it makes on these domestic issues.

The good news is that the vote appears to have been competitive, and so far there’s been no repeat of the post-election violence seen after the 2019 vote. That’s surely a positive to build on.

But Sogavare isn’t gone from politics, taking a new position as finance minister. Meanwhile, Manele, foreign minister in the old government and viewed as another pro-China figure, is unlikely to take a new foreign policy direction. But there’s some hope, at least for civil society, that he’ll be a less polarising and more conciliatory politician than Sogavare. The first test will be how the new government handles its relations with civil society and the media. The government should prove it isn’t in China’s pocket by respecting civic freedoms.

Andrew Firmin is CIVICUS Editor-in-Chief, co-director and writer for CIVICUS Lens and co-author of the State of Civil Society Report.

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Civil Society Scores LGBTQI+ Rights Victory in Dominica

Civil Society, Crime & Justice, Featured, Gender Violence, Headlines, Health, Human Rights, Latin America & the Caribbean, LGBTQ, TerraViva United Nations

Opinion

MONTEVIDEO, Uruguay, May 6 2024 (IPS) – On 22 April, Dominica’s High Court struck down two sections of the country’s Sexual Offences Act that criminalised consensual same-sex relations, finding them unconstitutional. This made Dominica the sixth country in the Commonwealth Caribbean – and the fourth in the Eastern Caribbean – to decriminalise same-sex relations through the courts, and the first in 2024.


Similar decisions were made in Antigua and Barbuda, St Kitts and Nevis and Barbados in 2022 – but progress then threatened to stall. Change in Dominica revives the hopes of LGBTQI+ activists in the five remaining English-speaking Caribbean states – Grenada, Guyana, Jamaica, St Lucia and St Vincent and the Grenadines – that still criminalise same-sex relations. Sooner than later, one of will be next. A small island has made a big difference.

Winds of change

The criminalisation of consensual gay sex in the Anglophone Caribbean dates back to the British colonial era. All former British colonies in the region inherited identical criminal laws against homosexuality targeting either LGBTQI+ people in general or gay men in particular. They typically retained them after independence and through subsequent criminal law reforms.

That’s what happened in Dominica, which became independent in 1978. Its 1998 Sexual Offences Act retained criminal provisions dating back to the 1860s. Section 16 of that law made sex between adult men, described as ‘buggery’, punishable with up to 10 years’ imprisonment and possible compulsory psychiatric confinement.

The offence listed in section 14, ‘gross indecency’, was initially punishable by up to five years in jail if committed by two same-sex adults. A 2016 amendment increased the penalty to 12 years.

As in other Caribbean countries with similar provisions, prosecutions for these crimes have been rare in recent decades, and have never resulted in a conviction. But they’ve been effective in stigmatising LGBTQI+ people, legitimising social prejudice and hate speech, enabling violence, including by police, obstructing access to essential social services, particularly healthcare, and denying people the full protection of the law.

Change has begun only in the past decade, but it’s been rapid. Bans on same-sex relations were overturned by the courts in Belize in 2016 and Trinidad and Tobago in 2018. More soon followed.

The legal case

In July 2019, an unnamed gay man identified as ‘BG’ filed a legal case challenging sections 14 and 16 of the Sexual Offences Act. The defendants named in the complaint were the Attorney General, the Bishop of Dominica’s capital Roseau, the Anglican Church and the Methodist Church. The Dominica Association of Evangelical Churches was also listed as an interested party.

The lawsuit was supported by Minority Rights Dominica (MiRiDom), the country’s main LGBTQI+ advocacy group, and three international allies: the Canadian HIV/AIDS Legal Network, the University of Toronto’s International Human Rights Program and Lawyers Without Borders. The law was challenged as discriminatory and an enabler of violence against LGBTQI+ people.

The High Court heard the case in September 2022, and on 22 April 2024, Justice Kimberly Cenac-Phulgence issued a ruling setting out the reasons why sections 14 and 16 violated the applicant’s constitutional rights to liberty, freedom of expression and privacy, and were therefore null and void.

The backlash

LGBTQI+ advocates around the world welcomed the court ruling, as did UNAIDS – the United Nations agency leading the global effort to end HIV/AIDS. But resistance wasn’t long in coming.

Religious institutions, which hold a lot of influence in Dominica, were quick to decry gains in LGBTQI+ rights as losses in moral values. The day after the ruling was announced, Dominica’s Catholic Church published a statement reaffirming its position that sex should only take place within a heterosexual marriage and, while expressing compassion towards LGBTQI+ people, reiterated its belief in the centrality of traditional marriage and family. The Seventh-day Adventists expressed alarm about the potential of the court ruling to lead to same-sex unions and marriages. Some faith leaders voiced outright bigoty, with one prominent figure calling sexual acts between persons of the same sex an ‘abomination’.

The road ahead

Having decriminalised same-sex relations, Dominica is now ranked 116th out of 198 countries on Equaldex’s Equality Index, which rates countries according to their LGBTQI+ friendliness. There’s clearly much work to be done. Outstanding issues include protection against discrimination in employment and housing, marriage equality and adoption rights. LGBTQI+ activists will also continue to push for the recognition of non-binary genders, the legalisation of gender change and the prohibition of conversion therapy.

The Equality Index makes clear that, as in all the Caribbean countries that have recently decriminalised same-sex relations, changes to laws remain far ahead of social attitudes, with considerable public homophobia. As the instant conservative reactions to the court ruling suggest, changing laws and policies isn’t nearly enough. Shifting social attitudes must now be a top priority.

Dominican LGBTQI+ activists know this, which is why they’ve been working to challenge prejudice and foster understanding since long before launching their legal challenge – and why they see the court victory as not the end of a journey but a stepping stone to further change.

The challenge for Dominica’s LGBTQI+ civil society is to replace the vicious circle of legal prohibition, which has reinforced social stigma, with a virtuous one in which legal progress normalises the presence and social acceptance of LGBTQI+ people, which in turn enables effective access to legally enshrined rights.

But they’ll take heart from being part of a broader regional and global trend. While working to ensure rights are realised domestically, they’ll also offer a powerful example that change can result to the circa 64 countries around the world that still criminalise gay sex, including the five holdouts in the Commonwealth Caribbean. More progress will come.

Inés M. Pousadela 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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The Summit of the Future Is a Rare Chance to Fix a Broken System: Civil Society Must Be Included

Armed Conflicts, Civil Society, Economy & Trade, Featured, Global, Global Governance, Headlines, Nuclear Energy – Nuclear Weapons, Sustainable Development Goals, TerraViva United Nations

Opinion

Credit: UN Photo/Rick Bajornas

NEW YORK, Apr 22 2024 (IPS) – Today, the spectre of a major regional conflict, and even a possible nuclear conflagration, looms large in the Middle East. Despite stark warnings issued by the UN Secretary-General, António Guterres, the multilateral system is struggling to resolve the very challenges it was supposed to address: conflict, impoverishment and oppression. In a deeply divided world, this September’s Summit of the Future offers a rare chance to fix international cooperation and make good on gaps in global governance.


The problem is, too few people and civil society organisations, outside UN circles, even know the Summit is happening. This is characteristic of a lack of broad consultation. Things started poorly with limited time and opportunities for civil society to provide inputs last December into the zero draft of the Pact for the Future, which is supposed to be a blueprint for international cooperation in the 21st century.

The zero draft, released in January 2024, lacks the ambition many hoped would be on show to tackle the enormity of the challenges before us. It included just one mention of the role of civil society and nothing about civic space, even though growing restrictions on fundamental freedoms are severely impeding the transparency, accountability and participation needed to realise the Sustainable Development Goals (SDGs) – the set of ambitious but largely unrealised universal commitments the Summit intends to reaffirm.

To be clear, the Summit’s co-facilitators, Germany and Namibia, are in an unenviable position, having to balance the demands of states that want the process to be purely intergovernmental and others that see value in civil society’s engagement. Some don’t see any role for civil society: in February, a handful of states led by Belarus sent a letter to the Special Committee on the UN Charter questioning the legitimacy of civil society organisations. If their demands were acceded to, the UN would miss the innovation and reach that civil society participation brings to the table.

Next month, the UN is hosting a major civil society conference in Nairobi with the aim of providing a platform for civil society to contribute ideas to the Summit of the Future. But, with barely a month between the selection of applicants and the hosting of the conference, it remains to be seen how many civil society representatives, particularly from smaller organisations in the global south, will be able to make it.

There remains a need for the UN to take on board the Unmute Civil Society recommendations, which include a call for the appointment of a civil society envoy. Such an envoy could drive the UN’s outreach to civil society beyond its hubs. With many finding the institution remote, an envoy could champion better and more consistent participation of people and civil society across the UN’s sprawling agencies and offices. So far, civil society engagement with the UN remains deeply uneven and dependent on the culture and leadership of various UN departments and forums.

The Summit can only benefit from civil society engagement if it’s to achieve it aims, particularly as many conflicts are raging around the world, including in Gaza, Myanmar, Sudan, Ukraine and elsewhere. Many of civil society’s reform ideas are included in the UN Secretary-General’s New Agenda for Peace, which will be deliberated at the Summit, including nuclear disarmament, strengthening preventative diplomacy and prioritising women’s participation in peace efforts.

There’s also an urgent need to address the soaring levels of debt many global south countries face, which is diverting public spending away from essential services and social protections into debt servicing. Civil society backs efforts such as the Bridgetown Initiative to secure commitments from wealthy countries on debt restructuring and debt cancellation for those countries facing a repayment crisis. But civil society needs to be included to help shape plans, because if financing for development negotiations don’t include guarantees for civic space and civil society participation there’s no way of ensuring that public funds benefit people in need. Instead, autocratic regimes could use them to shore up repressive state apparatuses and networks of corruption and patronage.

Civil society further calls for reforms in the international financial architecture. These include demands to bring decisions by the G20 group of powerful economies into the ambit of the UN’s accountability framework, and to equitably distribute shares and decision-making at the International Monetary Fund and World Bank, presently controlled by a few highly industrialised countries.

But it’s unclear how many of civil society’s transformative proposals for global governance reforms will end up in the final outcomes of the Summit of the Future. So far, there’s been limited transparency in relation to UN member state negotiations, records and compilation texts, despite civil society having shown its commitment by making over 400 written submissions to the Pact for the Future process.

Troublingly, few governments have consulted nationally with civil society groups on their positions for the Summit of the Future negotiations. If these trends continue, the international community will miss a key chance to make life better for future generations. It isn’t too late to robustly include people and civil society in the process. The aims of the Summit are too important.

Mandeep S. Tiwana is CIVICUS Chief Officer for Evidence and Engagement and representative to the UN in New York.

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