IRAQ: ‘Tolerance for Abuses Against LGBTQI+ People Has Now Been Made Explicit Through Legislation’

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Jul 1 2024 (IPS) –  
CIVICUS discusses the criminalisation of same-sex relations in Iraq with Sarah Sanbar, researcher at Human Rights Watch’s Middle East and North Africa division.

Sarah Sanbar

The Iraqi parliament recently passed a law criminalising LGBTQI+ people, punishing same-sex relations with between 10 and 15 years in prison and transgender identities with sentences of one to three years. The original proposal included even harsher penalties, but lawmakers introduced amendments in response to strong criticism. Supporters claim the law upholds deeply held religious values, while critics condemn it for institutionalising discrimination and enabling serious human rights abuses.

What led to recent legislative changes criminalising LGBTQI+ people?

On 27 April 2024, the Iraqi parliament passed an amendment to the country’s 1988 anti-prostitution law, effectively criminalising same-sex relations and transgender identities. The amendment states that same-sex relations are punishable with between 10 and 15 years in prison, and provides for one to three years’ imprisonment for those who undergo or perform gender-affirming medical procedures.

The law also punishes those who ‘imitate women’ with a seven-year prison sentence and a fine of between 10 and 15 million Iraqi dinars (approx. US$7,700 to US$11,500) and criminalises the ‘promotion of homosexuality’, a vague and undefined expression.

The passing of this law follows years of steadily increasing hostile rhetoric against LGBTQI+ people. Prominent politicians and media personalities have consistently spread harmful stereotypes, tropes and disinformation. They often claim homosexuality is a western import that goes against traditional Iraqi values.

This rhetoric has increasingly translated into government action. For example, on 8 August 2023, the Communications and Media Commission issued a directive ordering all media outlets to replace the term ‘homosexuality’ with ‘sexual deviance’ in all published and broadcast language. The directive also banned the use of the word ‘gender’, which shows how the crackdown on LGBTQI+ rights is intertwined with broader issues, and is also used to target and silence women’s rights organisations working on gender-based violence.

Sadly, as in many other countries, LGBTQI+ people in Iraq are being used as political pawns and scapegoats to distract from the government’s failure to provide for its people. Tensions are growing between the more conservative and religious groups in society and government and those that take a more secular approach to governance. The fact that conservatives have gained increasing support in successive elections allows laws like this to be passed. Such a law probably wouldn’t have been passed even a few years ago.

What’s the situation of LGBTQI+ people in Iraq, and how do you expect it to change?

The situation of LGBTQI+ people is extremely unsafe. Threats to their physical safety, including harassment, assault, arbitrary detention, kidnappings and killings, come from society at large – including family and community members as well as strangers – and from armed groups and state personnel. Human Rights Watch has documented cases of abductions, rape, torture and killings by armed groups. Impunity is widespread, and the government’s failure to hold perpetrators accountable sends the message that this violence is acceptable.

With the passage of the new law, the already dire situation is expected to worsen. Tolerance for abuses has now been made explicit through legislation. As a result, an increase in violence is to be expected, along with an increase in the number of LGBTQI+ Iraqis fleeing the country to seek safety elsewhere. Unfortunately, it is becoming even harder for LGBTQI+ Iraqis to ensure their physical safety in the country, let alone lead fulfilling lives, find love, make friends and build links with others in their community.

What are the challenges facing Iraqi LGBTQI+ rights organisations?

The space for LGBTQI+ organisations in Iraq has long been extremely limited. For example, in May 2023, a court in the Kurdistan Region ordered the closure of Rasan, one of the few groups willing to publicly advocate for LGBTQI+ rights in the region. The reason the court gave for its closure was its activities ‘in the field of homosexuality’, and one piece of evidence cited was its use of rainbow colours in its logo.

Organisations such as Rasan have previously been targeted under vaguely worded morality and public indecency laws that restrict freedom of expression. By criminalising the ‘promotion of homosexuality’, the new law makes the work of LGBTQI+ organisations even more dangerous. Any action in support of LGBTQI+ rights could be perceived as ‘promoting homosexuality’, which could lead to activities being banned or organisations being shut down. It will be almost impossible for LGBTQI+ rights organisations to operate openly.

In addition, all civil society organisations in Iraq must register with the Directorate of NGOs, a process that includes submitting bylaws, lists of activities and sources of funding. But now, it is essentially impossible for LGBTQI+ organisations to operate transparently, because they can’t openly state their intention to support LGBTQI+ people without risking closure or prosecution. This leaves two options: stop working, or operate clandestinely with the risk of arrest hanging over them.

Given the restrictive legal and social environment, many organisations operate from abroad. IraQueer, one of the most prominent LGBTQI+ advocacy groups, is based in Sweden.

But despite the challenges, LGBTQI+ organisations continue to advocate for LGBTQI+ rights, help people fleeing persecution and work with foreign governments to put pressure on Iraq to roll back discriminatory policies. And they have made significant achievements, facilitating the safe passage of people fleeing persecution and broadening coalitions to advocate for LGBTQI+ rights internationally. Their perseverance in the face of adversity is inspiring.

What international support do local LGBTQI+ groups need?

Global organisations should use their capacity to sound the alarm and advocate for the repeal of the new law and the reversal of other discriminatory measures, and for impunity for violence against LGBTQI+ people in Iraq to be addressed.

An effective strategy could be to focus on human rights violations. Equal protection from violence and equal access to justice are required under international law, including the International Covenant on Civil and Political Rights and the Arab Charter on Human Rights, both of which Iraq has signed. Advocacy for LGBTQI+ rights as human rights can put greater pressure on the Iraqi government to fulfil its obligations.

It’s also essential to provide resources and support to local organisations in Iraq and in host countries where LGBTQI+ Iraqis seek refuge, to ensure people have access to basic needs and community support, and can live full lives without fear.

Civic space in Iraq is rated ‘closed’ by the CIVICUS Monitor.

Get in touch with Human Rights Watch through its website, and follow @hrw and @SarahSanbar on Twitter.

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Thailand’s LGBTQI+ Rights Breakthrough

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MONTEVIDEO, Uruguay, Jun 27 2024 (IPS) – At the height of 2024 Pride season, decades of civil society campaigning came to fruition in Thailand. With 130 votes for and only four against, on 18 June the Senate passed the Marriage Equality Bill. With a few strokes of the pen, the bill tweaked the language of the Civil and Commercial Code, replacing gendered references such as ‘man’ and ‘woman’ with gender-neutral ones such as ‘persons’ and ‘spouses’. It now goes for formal assent to King Maha Vajiralongkorn and will take effect 120 days after publication in the official bulletin.

This means equal marriage is now recognised in 37 countries. Recent progress has seen Estonia become the first post-Soviet state to join the ranks in 2023, and Greece the first majority-Orthodox Christian country to do so in early 2024. Thailand is the first country in Southeast Asia and the third in Asia, following Taiwan and Nepal, to recognise the right to marry and all associated rights for same-sex couples.

SAME-SEX MARRIAGE AROUND THE WORLD

The long road to equality

With its vibrant LGBTQI+ culture, Thailand has long been advertised as ‘an exceptional destination for gay travellers’. But things weren’t quite so good for local LGBTQI+ people, whose identities and relationships lacked legal recognition and associated rights.

Civil society worked to change that. Efforts to advance the rights of same-sex couples in Thailand date back at least as far as 2011.

The first shift came in 2012, when the government began to consider some kind of recognition for same-sex relations. In 2013 it drafted a civil partnership bill with bipartisan support, but progress stalled under the military government formed as a result of a 2014 coup.

The country remained under military rule until mid-2019, but rather than stopping, LGBTQI+ activism gained strength by connecting with the country’s youthful and outspoken movement for democracy. In 2017, a petition calling for the recognition of civil partnerships gathered over 60,000 signatures. The government responded by preparing a draft bill and holding public hearings where it received overwhelming public support. But by mid-2020, the bill – which activists criticised for not ensuring the same rights as marriage – died in parliament.

When youth-led protests for democratic change erupted in 2020, their demands included LGBTQI+ rights and led to the development of a new bill that was eventually introduced but failed to pass before parliament was dissolved ahead of a general election in May 2023.

LGBTQI+ activists also took to the courts, but received a setback. In 2021, in response to a petition filed by two LGBTQI+ people seeking to get married, the Constitutional Court ruled that the section of the Civil and Commercial Code that defined marriage as being between a man and a woman was constitutional. LGBTQI+ activists were particularly unhappy with the court’s sexist and demeaning language.

Cultural and political battles

Longstanding efforts to normalise the presence of LGBTQI+ people and shift conservative narratives produced high levels of acceptance and support for LGBTQI+ rights. Thailand ranks 44 out of 196 countries in Equaldex’s Equality Index, which rates countries according to their LGBTQI+-friendliness. But unlike most other countries, it places higher for public attitudes than for its laws.

This meant Thai LGBTQI+ activists were able to use the broadly favourable climate of opinion to pressure politicians. They turned LGBTQI+ rights into a bandwagon politicians wanted to join for political gain. As a result, some of the major parties competing in the 2023 election campaigned on pledges to push for marriage equality. This included the progressive Move Forward party, which won the most seats.

But military-appointed senators stopped Move Forward forming a government, and instead Pheu Thai Party, a populist party twice deposed in military coups, formed a coalition with military-aligned parties – not the outcome young democracy activists had hoped for. Still, the new prime minister, Srettha Thavisin, had also promised to send a bill to parliament.

He still took his time, and LGBTQI+ activists gave him the push he needed. By early September 2023, when the new government was sworn in, the Rainbow Coalition for Marriage Equality had collected over 362,000 signatures in support of marriage equality. Srettha sent the bill to parliament in November, and in December debate started on the government’s bill plus three other versions submitted by other parties and civil society.

The House of Representatives passed all four bills with an overwhelming majority, then formed a committee to merge them into one, and passed the combined bill with near unanimity. The Senate completed the process on 18 June.

What – and where – next

The Marriage Equality Bill recognises rights in relation to inheritance, adoption and healthcare decisions. But beyond these direct effects, activists expect it to have powerful indirect impacts, sending a message of acceptance and encouraging younger LGBTQI+ people to come out and lead full lives free of discrimination and violence.

Now marriage equality has been achieved, LGBTQI+ activism is turning to the next big issue – trans rights. Despite playing a prominent role in entertainment, transgender people in Thailand face steep barriers, particularly in employment. They have few legal protections against discrimination, and those that exist aren’t fully enforced. They’re unable to obtain legal documents that reflect their gender identity, and what few rights they have in this regard depend on bureaucratic discretion. To change this, LGBTQI+ activists will keep campaigning for a Gender Recognition Bill.

The significance of the change achieved in Thailand, and the further change that seems sure to come, extends far beyond the country’s borders. Most countries in the region don’t recognise same-sex marriage, and some, including Brunei, Malaysia and Myanmar, still severely criminalise same-sex relations.

Thai activists believe their success can both bring further change at home and set an example for other countries to follow. Given what they’ve achieved, they have every reason for hope.

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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New Caledonia: Time to Talk about Decolonisation

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LONDON, Jun 20 2024 (IPS) – The violence that rocked New Caledonia last month has subsided. French President Emmanuel Macron has recently announced the suspension of changes to voting rights in the Pacific island nation, annexed by his country in 1853. His attempt to introduce these changes sparked weeks of violence.

Colonial legacies

Scattered around the world are 13 territories once part of the French Empire that haven’t achieved independence. Their status varies. Some, such as Guadeloupe and Martinique, have the same legal standing as French mainland regions. Others have more autonomy. New Caledonia is in a category of its own: since the 1998 Nouméa Accord, named after New Caledonia’s capital, France agreed to a gradual transfer of power. Currently, France determines New Caledonia’s defence, economic, electoral, foreign and migration policies.

The Accord came in response to a rising independence movement led by Kanak people, the country’s Indigenous inhabitants. Kanaks make up around 40 per cent of the population, with the rest being people of European descent and smaller groups of Asian, Oceanian and mixed heritage. Kanaks experienced severe discrimination under French colonial rule, and for a period were confined to reservations.

An independence movement formed after a fresh wave of Europeans arrived in the 1970s to work in the nickel-mining industry. New Caledonia is the world’s fourth-largest producer of nickel, a key ingredient in stainless steel and, increasingly, electric vehicle batteries. The nickel boom highlighted the divide in economic opportunities. Unrest lead to worsening violence and, eventually, the Nouméa Accord.

A downturn in the industry has deepened economic strife, exacerbating the poverty, inequality and unemployment many Kanaks experience. Today, around a third of Kanaks live in poverty compared to nine per cent of non-Kanaks.

Multiple referendums

The Accord created different electoral rolls for voting in mainland France and in New Caledonian elections and referendums, where the roll is frozen and only people who lived in the country in 1998 and their children can vote. These limitations were intended to give Kanak people a greater say in three independence referendums provided for in the Accord.

Referendums took place in 2018, 2020 and 2021, and the pro-independence camp lost every time. The 2020 vote was close, with around 47 per cent in favour of independence. But the December 2021 referendum was held amid a boycott by pro-independence parties, which called for a postponement due to the COVID-19 pandemic: an outbreak that began in September 2021 left 280 people dead, most of them Kanak. Independence campaigners complained the vote impinged on traditional Kanak mourning rituals, making it impossible to campaign.

Almost 97 per cent of those who voted rejected independence, but the boycott meant only around 44 per cent of eligible people voted, compared to past turnouts of over 80 per cent.

France viewed this referendum as marking the completion of the Nouméa Accord. Macron made clear he considered the issue settled and appointed anti-independence people to key positions. The independence movement insisted that the vote, imposed by France against its wishes, wasn’t valid and another should be held.

Since the Accord was agreed, the far right has risen to prominence in France, as seen in the recent European Parliament elections. French politics and its politicians have become more racist, with mainstream parties, including Macron’s, tacking rightwards in response to the growing popularity of the far-right National Rally party. The ripple effect in New Caledonia is growing polarisation. As French politicians have promoted a narrow understanding of national identity, New Caledonia’s anti-independence movement has become more emboldened.

China’s push for closer ties with Pacific countries has also raised Oceania’s strategic importance. The US government and its allies, including France, have responded by paying renewed attention to a long-neglected region. France may be less willing to tolerate independence than before, particularly given the growing demand for electric vehicles.

State of emergency

The immediate cause of the protests was the French government’s plan to extend the franchise to anyone who has lived in New Caledonia for more than 10 years. For the independence movement, this was a unilateral departure from the Nouméa Accord’s principles and a setback for prospects for decolonisation and self-determination. Tens of thousands took part in protests against the change, approved by the French National Assembly but pending final confirmation.

On 13 May, clashes between pro-independence protesters and security forces led to riots. Rioters burned down hundreds of buildings in Nouméa. Communities set up barricades and people formed defence groups. Eight people are reported to have died.

France declared a state of emergency and brought in around 3,000 troops to suppress the violence, a move many in civil society criticised as heavy-handed. French authorities also banned TikTok. It was the first time a European Union country has made such a move, potentially setting a dangerous precedent.

Dialogue needed

Macron, who paid a brief visit once violence had subsided, has said the electoral changes will be suspended to allow for dialogue. His decision to gamble on early elections in France in the wake of his European election defeat has bought him some time.

This time should be used to build bridges and address the evident fact that many Kanak people don’t feel listened to. This goes beyond the question of the franchise. There are deep and unaddressed problems of economic and social exclusion. Many of those involved in violence were young, unemployed Kanaks who feel life has little to offer.

As a consequence of recent developments, New Caledonia is now more divided than it’s been in decades. The question of independence hasn’t been settled. Many Kanak people feel betrayed. For them, before there can be any extension of the franchise, France must agree to complete the unfinished process of decolonisation.

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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Haiti: Transitional Administration Faces Stern Test

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LONDON, Jun 14 2024 (IPS) – There’s been recent change in violence-torn Haiti – but whether much-needed progress results remains to be seen.

Acting prime minister Garry Conille was sworn in on 3 June. A former UN official who briefly served as prime minister over a decade ago, Conille was the compromise choice of the Transitional Presidential Council. The Council formed in April to temporarily assume the functions of the presidency following the resignation of de facto leader Ariel Henry.

Upsurge in violence

Haiti has seen intense and widespread gang violence since the assassination of President Jovenel Moïse in July 2021. Henry was finally forced out as the conflict escalated still further. In February, two major gang networks joined forces. The gangs attacked Haiti’s main airport, forcing it to close for almost three months and stopping Henry returning from abroad.

Gangs took control of police stations and Hait’s two biggest jails, releasing over 4,000 prisoners. The violence targeted an area of the capital, Port-au-Prince, previously considered safe, where the presidential palace, government headquarters and embassies are located. Haitian citizens paid a heaver price: the UN estimates that around 2,500 people were killed or injured in gang violence in the first quarter of this year, a staggering 53 per cent increase on the previous quarter.

Henry won’t be missed by civil society. He was widely seen as lacking any legitimacy. Moïse announced his appointment shortly before his assassination, but it was never formalised, and he then won a power struggle thanks in part to the support of foreign states. His tenure was a blatant failure. It was when the gangs seemed on the verge of taking full control of Port-au-Prince that Henry finally lost US support.

Now the USA, other states and the Caribbean Community (CARICOM) have thrown their weight behind the Council and a Kenya-led international police force, which has recently begun to deploy.

Contested developments

Gang leaders can be expected to maintain their resistance to these developments. The most prominent, ex-police officer Jimmy Chérizier, demands a role in any talks. But this looks like posturing. Chérizier likes to portray himself as a revolutionary, on the side of poor people against elites. But the gangs are predatory. They kill innocent people, and it’s the poorest who suffer the most. The things the gangs make their money from – including kidnapping for ransom, extortion and smuggling – benefit from weak law enforcement and a lack of central authority. Gang leaders are best served by maximum chaos for as long as possible, and when that ends will seek an accommodation with favourable politicians, as they’ve enjoyed before.

Political squabbling suits the gangs, which makes it a concern that it took extensive and protracted negotiations to establish the Council. The opaque process was evidently characterised by self-interested manoeuvring as politicians jockeyed for position and status.

The resulting body has nine members: seven with voting rights and two observers. Six of the seven come from political groupings, with the seventh a private sector representative. One observer represents religious groups and the other civil society: Régine Abraham, a crop scientist by profession, from the Rally for a National Agreement.

The Council’s formation was shortly followed by the arrival of an advance force of Kenyan police, with more to follow. It’s been a long time coming. The current plan for an international police force was adopted by a UN Security Council resolution in October 2023. The government of Kenya took the lead, offering a thousand officers, with smaller numbers to come from elsewhere. But Kenya’s opposition won a court order temporarily preventing the move. Henry was in Kenya to sign a mutual security agreement to circumvent the ruling when he was left stranded by the airport closure.

Many Haitians are rightly wary of the prospect of foreign powers getting involved. The country has a dismal history of self-serving international interference, particularly by the US government, while UN forces have been no saviours. A peacekeeping mission from 2004 to 2017 committed sexual abuse and introduced cholera. This will be the 11th UN-organised mission since 1993, and all have been accused of human rights violations.

Civil society points to the Kenyan police’s long track record of committing violence and rights abuses, and is concerned it won’t understand local dynamics. There’s also the question of whether resources spent on the mission wouldn’t be better used to properly equip and support Haiti’s forces, which have consistently been far less well equipped than the gangs. Previous international initiatives have manifestly failed to help strengthen the capacity of Haitian institutions to protect rights and uphold the rule of law.

Time to listen

Haitian civil society is right to criticise the current process as falling short of expectations. It’s an impossible task to expect one person to represent the diversity of Haiti’s civil society, no matter how hard they try. And that person doesn’t even have a vote: the power to make decisions by majority vote is in the hands of political parties many feel helped create the current mess.

The Council is also a male-dominated institution: Abraham is its only female member. With gangs routinely using sexual violence as a weapon, the Council hardly seems in good shape to start building a Haiti free of violence against women and girls.

And given the role of international powers in bringing it about, the Council – just like the Kenya-led mission – is open to the accusation of being just another foreign intervention, giving rise to suspicions about the motives of those behind it.

The latest steps could be the start of something better, but only if they’re built on and move in the right direction. Civil society is pushing for more from the government: for much more women’s leadership and civil society engagement. For the Kenya-led mission, civil society is urging strong human rights safeguards, including a means for complaints to be heard if the mission, like all its predecessors, commits human rights abuses. This shouldn’t be too much to ask.

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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Venezuela’s Opportunity for Democracy

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MONTEVIDEO, Uruguay, Jun 10 2024 (IPS) – Venezuela’s 28 July presidential election could offer a genuine chance of democratic transition. Despite an array of challenges, the opposition is coming into the campaign unified behind a single candidate. Many Venezuelans seem prepared to believe that voting could deliver change.

But the authoritarian government is digging in its heels. The opposition reasonably fears the election could be suspended or the government could suppress the opposition vote. Large-scale fraud can’t be ruled out.

All credible opinion polls show that authoritarian president Nicolás Maduro, in power since the death of Hugo Chávez in 2013 and seeking a third term in office, is highly unpopular. But his United Socialist Party of Venezuela (PSUV) extensively controls the state apparatus. Electoral authorities aren’t neutral and the election system is riddled with irregularities. A recent decision by the government-controlled National Electoral Council (CNE) excluded from voting over five million Venezuelans who’ve emigrated.

If the opposition defeats the PSUV at the polls, the government will only accept the results if the costs of repression outweigh the costs of withdrawal. This means some form of exit guarantees will need to be agreed. An agreement to coexist would also be needed for a transition period that could last several years, during which PSUV supporters would continue to hold important positions and the party would need to be given the chance to reinvent itself as a participant in democratic processes.

Civil society in resistance mode

Venezuelan civil society has long played a key role in promoting democracy and defending human rights. But civic space has increasingly been shut down, with activists and journalists routinely subjected to threats, harassment, intimidation, raids, arrests, detention and prosecution by courts lacking any independence.

Many civil society organisations (CSOs) and media outlets have closed and others self-censor or have changed their focus to avoid reprisals. Numerous journalists, academics and activists have joined the exodus to other countries.

The government give repression legal cover through a barrage of laws and regulations, supposedly on grounds such as the defence of sovereignty and the fight against terrorism. Many of these, starting with the 2010 National Sovereignty and Self-Determination Law, sought to restrict access to funding to financially suffocate civil society.

In 2017, the state introduced the Constitutional Law Against Hatred, for Tolerance and Peaceful Coexistence, known as the Anti-Hate Law, imposing heavy punishments, including lengthy jail sentences, for inciting hatred or violence through electronic means, including social media. The law leaves the definition of what constitutes hate speech to the government-aligned courts.

In 2021, the government passed an International Cooperation Act that includes a mandatory register of CSOs and an obligation to provide sensitive information.

The government has doubled down ahead of the election. In January, the National Assembly approved the first reading of a draft law known as the Anti-NGO Law, which would prohibit CSOs from engaging in vaguely defined ‘political activities’. The National Assembly is also currently discussing a law against fascism, aimed at banning and criminalising ideas, expressions and activities it deems to be ‘fascist’.

A united opposition

Over the years, the opposition has found it hard to present a unified front and a credible alternative. But this has changed in the run-up to the 2024 election, with the opposition agreeing to select a single presidential candidate.

María Corina Machado emerged as a consensus candidate with over 90 per cent of the vote at the October 2023 primary election. More than two million people were said to have taken part, defying threats from the authorities, censorship and physical attacks on candidates.

In an attempt to regain the initiative, the government sought to stir up nationalist sentiment by activating its dispute over Essequibo Guiana, a large territory in Guyana claimed by Venezuela. In December 2023 it held and predictably won a consultative referendum on the issue.

A week after the opposition primary, the Supreme Court suspended the process and results. In December, Machado filed a Supreme Court writ, but instead the court ratified her disqualification. So on 22 March, three days before the deadline for candidate registration, she announced 80-year-old academic Corina Yoris-Villasana as her replacement.

The government couldn’t find any excuse to disqualify Yoris, so instead it blocked the registration website. Right up to the deadline, the automated system had selective technical issues that affected opposition candidates.

Following an international press conference in which Machado denounced the manoeuvre, support came from two unlikely allies, the leftist governments of Brazil and Colombia. The CNE eventually authorised a 12-hour extension to register its candidates.

As a result of further negotiations in April, all registered opposition candidates withdrew apart from one. The compromise candidate was former diplomat Edmundo González Urrutia, a moderate few could object to.

International community’s role

Some countries, notably European Union (EU) members and the USA, have supported the Venezuelan opposition and urged the government to respect human rights and hold free and fair elections.

Anything the USA does is open to the accusation of imperialist interference, but the EU has been able to supply a credible set of proposals on how to hold fair elections. Recommendations of its report following 2021 regional and municipal elections included strengthening the separation of powers, abolishing disqualifications, holding a public voter education campaign, allowing balanced media coverage, repealing the Anti-Hate Law and ensuring enough properly trained and accredited polling station officials are available on election day.

However, the EU’s role in the upcoming election remains in doubt. After the European Parliament passed a resolution condemning Machado’s disqualification, the National Assembly leader said the EU wouldn’t be allowed to do election observation.

A key step in the right direction was taken in October 2023, just ahead of the primary, when government and opposition representatives met in Barbados and signed an agreement on the right of political organisations to choose their presidential candidates, an electoral timetable and a set of procedural guarantees.

The day after the signing of the Barbados Agreement, the US government eased its oil and gas sanctions but warned it would reinstate them if the government didn’t honour its commitments; in April 2023, it brought them back. The Venezuelan government immediately breached the agreement’s first point, as it initiated legal proceedings against the opposition primary.

Upon the signing of the agreement, the US Secretary of State also said that political prisoners were expected to be released by November. Five were immediately freed, but many more remain behind bars. Their release is a key opposition demand ahead of the election.

Two months before the big day, everything hangs in the balance. The unofficial campaign is well underway. Machado and González are touring the country, promising orderly and peaceful change. The government has launched an aggressive smear and disinformation campaign against González. Relentless harassment follows Machado wherever she goes. Local activists are routinely arrested following opposition rallies in their area.

There are surely many more twists and turns ahead. The Venezuelan government is used to ignoring international criticism, but it’s harder when calls to respect the democratic process come from leftist Latin American leaders. They can play a key role in urging Venezuela to let genuine elections happen and accept the results. The logic of democracy is that sooner or later Maduro will have to go. It would be wise for him to start negotiating the how.

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

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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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