Nepal’s Same-Sex Marriage Breakthrough

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Credit: Prakash Mathema/AFP via Getty Images

By Andrew Firmin
LONDON, Jul 28 2023 (IPS)

Nepal is the latest country to join the global wave of marriage equality. On 28 June, its Supreme Court ruled that the government must immediately offer temporary registration of same-sex marriages, pending a change in the law. Around 200 couples reportedly sought to register as soon as the court judgment was made.

Nepal will therefore become the second country in Asia, after Taiwan, to recognise the right of all couples to marry. It’s little surprise that, as in many countries that have achieved marriage equality, it’s civil society that’s making the change happen, having brought the decisive court case.

Civil society’s breakthrough

Each year brings further important steps forward on two crucial fronts: decriminalisation of same-sex relations in the many countries where they’re still criminalised and recognition of marriage equality in countries that have made more progress.

Only last month a landmark was achieved in Estonia, which became the first post-Soviet state to legalise same-sex marriage. Now Nepal should become the 36th country in the world where LGBTQI+ people can marry, and the ninth this decade.

In Nepal, these efforts built on an earlier legal breakthrough, when in 2007 the Supreme Court ruled that the government must take measures to guarantee equal rights and end discrimination against LGBTQI+ people. This too was the result of a legal petition filed by several LGBQTI+ rights organisations following the country’s transition from a monarchy to a democratic republic. LGBTQI+ people had been as active as anyone else in demanding democracy but LGBTQI+ rights weren’t immediately recognised in the new Nepal.

The 2007 ruling unlocked significant progress: laws that banned gay sex were repealed that year. In 2015, Nepal’s new constitution recognised the fundamental rights of LGBQTI+ people and forbade discrimination. The court also recognised a third gender – a longstanding identity in the cultures of Nepal and other South Asian countries – and the right to have it registered on official documents.

Nepali schools now offer comprehensive sexuality education to students aged 13 to 15, which includes discussion of LGBTQI+ issues. This came as a result of a campaign by the Blue Diamond Society, a civil society organisation that has led the fight for LGBTQI+ rights in Nepal since 2001.

As further rights were recognised, continuing marriage discrimination increasingly stood out. A bill to legalise it was drafted soon after the 2007 ruling, consistent with the court’s order to guarantee equal rights, but not much happened after that. It fell on civil society to hold the government to account.

There are still challenges ahead. As yet, the government hasn’t responded to the court ruling, which suggests it’s hardly in a hurry to legislate. That means people’s rights remain vulnerable to administrative resistance, leading to uneven enforcement. On 13 July, for instance, the Kathmandu District Court rejected an application from a male couple to register their marriage.

Anti-rights backlash

Litigation has become the key means by which civil society wins change on LGBTQI+ rights, as reflected by a recent string of decriminalisation rulings in Caribbean countries. This strategy has the potential to bring legal and policy changes that are ahead of social attitudes. That’s been the case in Nepal, where there’s still stigma, social bias and discrimination, and in Nepal’s often fractious politics, some politicians seek to capitalise on that.

Globally, progress towards the recognition of LGBTQI+ rights is a much stronger trend than regression. But steps forward are inevitably followed by an anti-rights backlash, combined with politically opportunistic efforts to mobilise anti-LGBQTI+ sentiment.

This backlash is seen in the USA, from which emanates most of the funding that enables anti-rights campaigning around the world, as well as in European countries, including Hungary, Spain and Turkey.

But it’s felt most strongly in global south countries, where forces opposing LGBTQI+ rights spread disinformation that these are some kind of western imposition. This is apparent in several countries in Africa – such as Kenya, Nigeria and Uganda – and Asia – including Indonesia, where a new criminal code effectively criminalises same-sex activity, and Malaysia, where politicians profit from vilifying LGBTQI+ people.

That’s why positive moves in Africa and Asia are so valuable: they offer hope to embattled LGBTQI+ people not just domestically but around the world.

Progress in Nepal should particularly give heart to activists in India, where the Supreme Court is currently considering a case demanding the recognition of same-sex marriage, and Japan, where attempts to win court judgments have encountered setbacks. The good news should also resonate in Thailand, a country with a relatively progressive reputation on LGBTQI+ rights but where same-sex marriage still isn’t allowed.

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Shifting attitudes

Evidence from the countries that have adopted marriage equality shows that public attitudes to same-sex marriage tend to shift in the wake of legal change. In the countries that introduced it in the early years of this century, it now has majority support.

That’s also the case in Taiwan, which legalised same-sex marriage in 2019. And there, changing social attitudes have gone hand-in-hand with further reforms: in January, the government recognised same-sex marriages of Taiwanese people with foreign partners. In May, same-sex couples were given full adoption rights.

When it comes to changing social attitudes in Nepal, the annual roster of Pride events – the main Nepali Pride Parade held each June, a trans parade in December and an LGBQTI+ women’s rally that marks International Women’s Day each March – will remain vital spaces to make LGBTQI+ people more visible and assert their right to exist in public space.

Nepali civil society will hope that by the next Pride event, the law will have changed. But they’ll do more than hope. They’ll keep campaigning until the law is changed – and after that, they’ll stay alert to backlash and keep pushing back against discrimination.

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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Brazil Back on the Green Track

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Credit: Mauro Pimentel/AFP via Getty Images

By Inés M. Pousadela
MONTEVIDEO, Uruguay, Jul 24 2023 (IPS)

At a meeting with European and Latin American leaders in Brussels this July, Brazil’s President Lula da Silva reiterated the bold commitment he had made in his first international speech as president-elect, when he attended the COP27 climate summit in November 2022: bringing Amazon deforestation down to zero by 2030.

Lula’s presence at COP27 was a signal to the world that Brazil was willing to become the climate champion it needs to be. Following a request by the Brazilian Forum of NGOs and Social Movements for Environment and Development, Lula offered to host the 2025 climate summit in Brazil; it has now been confirmed that COP30 will be held in Belém, gateway to the Amazon River.

At COP27 Lula also said he intended to revive and modernise the 45-year old Amazon Cooperation Treaty Organisation, a body bringing together the eight Amazonian countries – Bolivia, Brazil, Colombia, Ecuador, Guyana, Peru, Suriname and Venezuela – to take concerted steps to protect the Amazon rainforest.

Four years of regression

In his four years in office, Lula’s far-right climate-denier predecessor Jair Bolsonaro dismantled environmental protections and paralysed key environmental agencies by cutting their funding and staff. He vilified civil society, criminalised activists and discredited the media. He allowed deforestation to proceed at an astonishing pace and emboldened businesses to grab land, clear it for agriculture by starting fires and carry out illegal logging and mining.

Under Bolsonaro, already embattled Indigenous communities and activists became even more vulnerable to attacks. By encouraging environmental plunder, including on protected and Indigenous land, the government enabled violence against environmental and Indigenous peoples’ rights defenders. A blatant example was the murder of Brazilian Indigenous expert Bruno Pereira and British journalist Dom Phillips in June 2022. The two were ambushed and killed on the orders of the head of an illegal transnational fishing network. Both the material and intellectual authors of the crimes have now been charged and await trial.

Reversing the regression

Having being elected on a promise to reverse environmental destruction, the new administration has sought to restructure and resource monitoring and enforcement institutions. It strengthened the Brazilian Institute for the Environment and Renewable Natural Resources (IBAMA), the federal agency in charge of enforcing environmental policy, and the National Foundation of Indigenous Peoples (FUNAI), which for the first time is now headed by an Indigenous person, Joenia Wapichana.

Bolsonaro had transferred FUNAI to the Ministry of Agriculture, run by a leader of the congressional agribusiness caucus. Instead of protecting Indigenous land, it enabled deforestation and the expansion of agribusiness.

In contrast, Lula’s first political gestures were to create a new ministry for Indigenous peoples’ affairs, appointing Indigenous leader Sonia Guajajara to lead it, and to make Marina Silva, a leader of the environmentalist party Rede Sustentabilidade, Minister for the Environment, a position she had held between 2003 and 2008.

Lula also restored the Action Plan for the Prevention and Control of Deforestation in the Amazon, launched in 2004 and implemented until Bolsonaro took over. In February, the government set up a Permanent Inter-Ministerial Commission for the Prevention and Control of Deforestation and Fires in Brazil to coordinate actions across 19 ministries and develop zero deforestation policies.

The strategy establishes a permanent federal government presence in vulnerable areas with the aim of eliminating illegal activities, setting up bases and using intelligence and satellite imagery to track criminal activity.

The newly appointed Federal Police’s Director for the Amazon and the Environment, Humberto Freire, launched a campaign to rid protected Indigenous land of illegal miners. It appears to be paying off: in July he announced that around 90 per cent of miners operating in Yanomami territory, Brazil’s largest protected Indigenous land, had been expelled. According to police sources, there were 19 mine-related deforestation alerts in April 2023 – compared to 444 in April 2022.

But the fight isn’t over. There are still a couple of thousand miners active and the criminal enterprises employing them remain very much alive. The key task of recovering damaged land and rivers can only begin once they’re all driven away for good. And an issue that cries out for international cooperation remains unresolved: violence and environmental degradation continue unabated in Yanomami communities across the border in Venezuela, and will only increase as illegal miners jump jurisdictions.

Achieving the ambitious zero-deforestation goal will require efforts on a much bigger scale than those of the past. And such efforts will further antagonise very powerful people.

Obstacles ahead

With the environmental agenda back on track, the pace of Amazon deforestation slowed down in the first six months of 2023, falling by 34 per cent compared to the same period in 2022. However, numbers still remain high and reductions are uneven, with two states – Roraima and Tocantins – showing increases. Deforestation is also still rising in another important part of Brazil’s environment, the Cerrado, where preservation areas are few and most deforestation happens on private properties.

For the Amazon, a crucial test will come in the second half of the year, when temperatures are higher. A stronger El Niño phase, with warming waters in the Pacific Ocean, will make the weather even drier and hotter than usual, helping fires spread fast. Anticipating this, IBAMA has scaled up its recruitment of firefighters to expand brigades in Indigenous and Black communities and conduct inspections and impose fines and embargoes. To discourage people from starting fires to clear land for agriculture, the agency prevents them putting that land to agricultural use.

But in the meantime, Brazil’s Congress has gone on the offensive. In June, the Senate made radical amendments to the bill on ministries sent by Lula, diluting the powers of the Ministries of Indigenous Peoples and Environment and limiting demarcation of Indigenous lands to those already occupied by communities by 1998, when the current constitution was enacted.

Indigenous leaders have complained that many communities weren’t on their land in 1998 because they’d been expelled over the course of centuries, and particularly during the 1964-1985 military dictatorship. They denounced the new law as ‘legal genocide’ and urged the president to veto it. Civil society has taken to the streets and social media to support the government’s environmental policies.

They face a formidable enemy. A recent report by the Brazilian Intelligence Agency exposed the political connections of illegal mining companies. Two business leaders directly associated with this criminal activity are active congressional lobbyists and maintain strong links with local politicians. They also stand accused of financing an attempted insurrection on 8 January.

Against these shady elites, civil society wields the most effective weapon at its disposal, shining a light on their dealings and letting them know that Brazil and the world are watching, and will remain vigilant for as long as it takes. The stakes are too high to drop the guard.

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

 


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Guatemala Clings to Democratic Promise

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Credit: Silvia Rodríguez/AFP via Getty Images

By Inés M. Pousadela
MONTEVIDEO, Uruguay, Jul 5 2023 (IPS)

When Guatemalans went to the polls on 25 June, distrust and disillusionment were rife. First place in the presidential contest was claimed by none of the candidates: it went to invalid votes, at 17 per cent. Many didn’t bother, resulting in an abstention rate over 40 per cent.

But an unexpected development brought some hope: Bernardo Arévalo, leader of the progressive Movimiento Semilla, made it to the runoff.

Arévalo’s promise to fight against systemic corruption and bring back the numerous justice operators – people such as judges, prosecutors and public defenders – currently in exile to help clean up institutions is causing great concern for those who profit from the current state of affairs. The fact that Arévalo could become Guatemala’s next president has made the election results an instant object of contention.

Corruption and democratic decline

Guatemalan electoral processes aren’t pristine, but that isn’t where the most serious problems lie. Civic freedoms are steadily deteriorating and state institutions have been weakened by predatory elites and coopted by organised crime. Transparency International finds evidence of strong influence by organised criminals over politics and politicians, with some criminals themselves in office.

No wonder Guatemalans have a low level of confidence in state institutions. In the latest Latinobarómetro report, the church was by far the most trusted institution, winning the trust of 71 per cent of people, followed at some distance by the armed forces and police. But only nine per cent of people trust political parties, and trust is also very low in Congress, electoral bodies and the judiciary.

At 25 per cent, satisfaction with the performance of democracy is extremely low – as is the number of people who think the country is ruled for the benefit of all rather than just elites.

The run-up to the vote

Those denouncing corruption, collusion, illegal private sector practices and human rights abuses have increasingly been subjected to smear campaigns, surveillance, harassment and criminalisation by state authorities. Many have been pushed into exile. Rising violence against journalists and human rights defenders, including killings – the latest being that of journalist Orlando Villanueva – recently led the CIVICUS Monitor to downgrade its civic space rating for Guatemala to the second-worst category, repressed.

Restrictions on civic freedoms increased in the run-up to elections, ranging from smear campaigns to criminalisation. On 14 June, José Rubén Zamora, head of the newspaper elPeriódico, which had exposed more than 200 corruption cases, was sentenced to six years in prison for alleged money laundering. Zamora had been subjected to harassment and intimidation for years and had survived an assassination attempt.

An observation mission carried out by Reporters Without Borders and others ahead of voting warned that the absence of basic press freedoms made it impossible to guarantee a legitimate electoral process.

The process was indeed marred by multiple irregularities, starting with the disqualification of several contenders, including Indigenous leader Thelma Cabrera and her running mate, Jordán Rodas Andrade, the only left-wing candidacy polls showed stood a fighting chance. The candidate who led opinion polls, conservative business leader and TikTok star Carlos Pineda, was also disqualified.

What happened on 25 June

With two dozen candidates competing in the presidential race, it was no surprise that none reached the 50 per cent threshold required to avoid a runoff. What was unexpected was Arévalo’s good performance.

The front-runner, Sandra Torres of National Unity of Hope, is a political insider, Guatemala’s first lady between 2008 and 2011. Now standing for the third time in a row, she received 16 per cent of the vote. If elected, she would become Guatemala’s first female president. But she’s by no means a champion of women’s rights: she’s a vocal anti-abortion activist and her running mate is an evangelical pastor.

Runner-up Arévalo is an unusual politician at the head of an unusual party. Originally an academic with social-democratic views, he’s currently a member of Congress, where he leads a five-member progressive caucus. His running mate, low-key feminist Karin Herrera, is a microbiology researcher and university professor.

Unlike many Guatemalan parties, Arévalo’s party wasn’t created as a vehicle for someone’s presidential ambitions or corrupt interests: it was the creature of a group of concerned people that grew out of mass anti-corruption protests that broke out in 2015. In 2019, its presidential candidate was disqualified. But it found its footing among middle class groups, young people and women, particularly in Guatemala City.

The aftermath

Opinion polls had placed Arévalo eighth or ninth among the many contenders, so his performance caught elites off guard.

There’s no guarantee he’ll win the run-off. He’d have to gain the votes of the many who abstained or cast blank and invalid votes. But the fact that Arévalo might win has galvanised those who currently profit from the corrupt status quo, and they’re trying to push him out of the race. A majority of pro-establishment parties, including Torres’s party, have submitted complaints demanding a recount. Their supporters converged outside the Supreme Electoral Tribunal (TSE), quickly pushing further and calling for a rerun.

While various incidents were recorded on election day – including instances of vote buying, mostly by parties linked to the ruling alliance – international and domestic observers alike concluded that the results were valid and the gap of more than 200,000 votes between Semilla and the next contender, the outgoing president’s party, was insurmountable.

Mirador Electoral, a civil society platform, denounced pressures on the TSE as an attempted ‘electoral coup’. The European Union’s observer mission and the Organization of American States have called for the will of voters to be respected. Arévalo condemned it all as an intimidatory manoeuvre and called for the TSE, the Supreme Court and the Constitutional Court to act quickly and responsibly.

Instead, the Constitutional Court ordered the TSE to suspend official certification of results until complaints are resolved. Some fear an attempt to annul the elections will come next.

Guatemala stands at a crossroads. On the eve of voting it seemed on the verge of autocracy. An unexpected result hinted at the possibility of a much brighter path – one that fills many with hope but scares those who see their wealth and power endangered. The coming days and weeks will witness an arm-wrestling match between the past and the future, with three potential outcomes.

In the worst-case scenario, the runoff continues to be delayed by legal appeals and the task of appointing a president ultimately falls to Congress. In the second-worst scenario, a vote-by-vote recount is conducted instead of a simple cross-check of tally sheets, fraud occurs along the way and the ruling party’s candidate takes Arévalo’s runoff spot. Either way, the past wins.

Only if the recount is properly conducted, the results are corroborated and the runoff is held on 20 August will the future have a fighting chance. The corrupt establishment may still beat Arévalo – but this decision belongs to no one but the citizens of Guatemala.

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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Myanmar: Military Junta Gets a Free Pass

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Cover photo by Reuters/Stringer via Gallo Images

By Andrew Firmin
LONDON, Jun 23 2023 (IPS)

The violence keeps coming in Myanmar, under military rule since February 2021. The junta stands accused of war crimes and crimes against humanity, with evidence of systematic use of killings, rape, torture and other gross human rights violations in its attempt to suppress forces demanding a return to democracy.

Even humanitarian aid is restricted. Recently the junta refused to allow in aid organisations trying to provide food, water and medicines to people left in desperate need by a devastating cyclone. It’s far from the first time it’s blocked aid.

Crises like this demand an international response. But largely standing on the sidelines while this happens is the regional intergovernmental body, the Association of Southeast Asian Nations (ASEAN). Its recent summit, held in Indonesia in May, failed to produce any progress.

ASEAN’s inaction

ASEAN’s response to the coup was to issue a text, the Five-Point Consensus (5PC), in April 2021. This called for the immediate cessation of violence and constructive dialogue between all parties. ASEAN agreed to provide humanitarian help, appoint a special envoy and visit Myanmar to meet with all parties.

Civil society criticised this agreement because it recognised the role of the junta and failed to make any mention of the need to restore democracy. And the unmitigated violence and human rights violations are the clearest possible sign that the 5PC isn’t working – but ASEAN sticks to it. At its May summit, ASEAN states reiterated their support for the plan.

A major challenge is that most ASEAN states have no interest in democracy. All 10 have heavily restricted civic space. As well as Myanmar, civic space is closed in Cambodia, Laos and Vietnam.

It wouldn’t suit such states to have a thriving democracy on their doorstep, which could only bring greater domestic and international pressure to follow suit. States that repress human rights at home typically carry the same approach into international organisations, working to limit their ability to uphold human rights commitments and scrutinise violations.

Continuing emphasis on the 5PC hasn’t masked divisions among ASEAN states. Some appear to think they can engage with the junta and at least persuade it to moderate its violence – although reality makes this increasingly untenable. But others, particularly Cambodia – a one-party state led by the same prime minister since 1998 – seem intent on legitimising the junta.

Variable pressure has come from ASEAN’s chair, which rotates annually and appoints the special envoy. Under the last two, Brunei Darussalam – a sultanate that last held an election in 1965 – and Cambodia, little happened. Brunei never visited the country after being refused permission to meet with democratic leaders, while Cambodia’s prime minister, Hun Sen, visited Myanmar last year. The first post-coup visit to Myanmar by a head of government, this could only be construed as conferring legitimacy.

Indonesia, the current chair, hasn’t appointed a special envoy, instead setting up an office headed by the foreign minister. So far it appears to be taking a soft approach of quiet diplomacy rather than public action.

Thailand, currently led by a pro-military government, is also evidently happy to engage with the junta. While junta representatives remain banned from ASEAN summits, Thailand has broken ranks and invited ASEAN foreign ministers, including from Myanmar, to hold talks about reintegrating the junta’s leaders. A government that itself came to power through a coup but should now step aside after an election where it was thoroughly defeated looks to be attempting to bolster the legitimacy of military rule.

ASEAN states seem unable to move beyond the 5PC even as they undermine it. But the fact that they’re formally sticking with it enables the wider international community to stand back, on the basis of respecting regional leadership and the 5PC.

The UN Security Council finally adopted a resolution on Myanmar in December 2022. This called for an immediate end to the violence, the release of all political prisoners and unhindered humanitarian access. But its language didn’t go far enough in condemning systematic human rights violations and continued to emphasise the 5PC. It failed to impose sanctions such as an arms embargo or to refer Myanmar to the International Criminal Court (ICC).

Civil society in Myanmar and the region is urging ASEAN to go further. Many have joined together to develop a five-point agenda that goes beyond the 5PC. It calls for a strategy to end military violence through sanctions, an arms embargo and a referral of Myanmar to the ICC. It demands ASEAN engages beyond the junta, and particularly with democratic forces including the National Unity Government – the democratic government in exile. It urges a strengthening of the special envoy role and a pivoting of humanitarian aid to local responders rather than the junta. ASEAN needs to take this on board.

A fork in the road

ASEAN’s current plan is a recipe for continuing military violence, increasingly legitimised by its neighbours’ acceptance. Ceremonial elections could offer further fuel for this.

The junta once promised to hold elections by August, but in February, on the coup’s second anniversary, it extended the state of emergency for another six months. If and when those elections finally happen, there’s no hope of them being free or fair. In March, the junta dissolved some 40 political parties, including the ousted ruling party, the National League for Democracy.

The only purpose of any eventual fake election will be to give the junta a legitimising veneer to present as a sign of progress – and some ASEAN states may be prepared to buy this. This shouldn’t be allowed. ASEAN needs to listen to the voices of civil society calling for it to get its act together – and stick together – in holding the junta to account. If it doesn’t, it will keep failing not only Myanmar’s people, but all in the region who reasonably expect that fundamental human rights should be respected and those who kill, rape and torture should face justice.

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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Human Rights Defenders in Exile Safety Imperiled by Host Countries’ Declining Civil Rights

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Irene Grace says human rights defenders hiding in Kenya fear harassment and intimidation due to a decline in civic rights. Credit: Joyce Chimbi/IPS

Irene Grace says human rights defenders hiding in Kenya fear harassment and intimidation due to a decline in civic rights. Credit: Joyce Chimbi/IPS

By Joyce Chimbi
NAIROBI, Jun 20 2023 (IPS)

While leaving one’s country and becoming a refugee is a last resort, it is a decision that many, like Steve Kitsa, have had to make. As conflict becomes increasingly protracted in many African countries, many others will take this step.

“In a matter of life and death, I fled the Democratic Republic of Congo (DRC) five years ago and left my elderly mother behind. One day we were seated in a group of young men, chatting and enjoying the morning sun, when a lone gunman in uniform approached us and started firing away unprovoked. Such incidences had become too common in the eastern region, and some of my friends were killed,” Kitsa tells IPS.

Kenya hosts one of the largest refugee populations in Africa. Kitsa is one of more than 520,000 registered refugees and asylum seekers. But human rights defender Irene Grace, who fled Uganda two years ago, says the number is much higher because borders are porous.

Nevertheless, official records show that about 287,000 refugees come from Somalia, 142,000 from South Sudan, 50,000 from DRC, and 32,000 from Ethiopia; many live in Dadaab and Kakuma camps.

Others, like Kitsa, have found their way into the urban centers of Nairobi, Kisumu, Mombasa, and Eldoret. Outdated statistics from 2017 indicate that more than 67,267 refugees live in Nairobi.

“There is a lot of exploitation because we need the locals to survive. Along the highways, you will find many young men hawking peanuts. You can tell they are from DRC because of the kind of Swahili they speak. They sell these peanuts under the hot sun, all day, every day, in exchange for a plate of food and somewhere to sleep as the profits go to the host. Most of us are desperate to go to France,” he explains.

Irene Grace fled Uganda for promoting the rights of the LGBTQI community as the country clamped down on their rights. As the government-endorsed crackdown against the community intensified, so did threats against her life.

“The issue of human rights defenders in exile is one aspect of the refugee situation that is hardly ever talked about. The risk is very high because you are under an alias in a foreign country, and if murdered, you are likely to remain unidentified for a long time, and it might take years to connect the dots. The question of who bears the duty of protection for us remains unanswered,” Grace says.

Her fears and concerns reflect the 2022 report findings by the global civil society alliance, CIVICUS, and the Kenya Human Rights Commission (KHRC), highlighting the decline in civil rights in Kenya. According to the report, the government was using excessive force to quieten dissent.

Kenya was placed on the CIVICUS Monitor’s human rights ‘Watchlist’ in June 2022. The Watchlist highlights countries with a recent and steady decline in civic freedoms, including the rights of free speech and peaceful assembly.

Kenya was rated Obstructed by the CIVICUS Monitor. There are 42 countries in the world with this rating. The rating is typically given to countries where power holders heavily contest civic space and impose a combination of legal and practical constraints on the full enjoyment of fundamental rights.

In 2021, Front Line Defenders released a report accusing the governments of Uganda and Kenya of giving the South Sudanese National Security Service (NSS) intelligence agency the freedom to target refugee human rights workers who fled the country.

“It is very difficult to continue with activism in such a hostile environment, on top of the many other challenges confronting us, such as a lack of documentation and access to services. Some of us left our families behind, exposed and unprotected. Over the eight years, I have lived in Kenya, I have received many threatening calls from South Sudan, but I know the information of my whereabouts came from within this country,” Deng G, an activist from South Sudan, tells IPS.

“Our situation worsens when local activists are targeted. In exile, you must connect with local networks to survive and continue with your activism. I am aware of activists in Kenya currently being held without trial for protesting against the high cost of living.”

KHRC continues to express concerns over the misuse of laws to undermine peaceful protest and recently responded with speed when five activists from the Social Justice Center, a Nairobi-based grassroots group, were arrested during a peaceful protest against the controversial Finance Bill 2023.

A pre-independence Public Order Act requires activists to notify authorities of protests at least three days in advance. Police have mistakenly understood the provision as a requirement for protests to be approved or denied, using it as an excuse to deem protests ‘unpermitted.’ Even though the right to peaceful assembly is guaranteed in Kenya’s constitution, it is continually undermined, says CIVICUS and KHRC.

Irene Grace says ongoing hostilities have derailed efforts to promote the safety and security of LGBTQI asylum seekers and refugees in the Kakuma Refugee Camp complex in northwestern Kenya whose lives are at risk. She says they are experiencing discrimination, and physical and sexual violence, among other forms of human rights violations.

“I am unable to travel there to determine how we can mobilize and improve their safety, working hand in hand with grassroots activists in Kenya. There are corrupt security officers, and once they discover you are hiding in the country, you become a target. They want you to pay them to turn a blind eye as you go on with your activities,” she says.

Kitsa says the issue of bribes is a most pressing challenge for many refugees seeking to integrate with the locals.

“They usually threaten to send you to the refugee camps despite having refugee documentation allowing you to live among the locals. They can create many problems for you.”

Against this backdrop, Irene Grace says activism is being suppressed from multiple angles, and human rights activists, local and those operating from exile, must now go back to the drawing board to find safer, impactful ways to speak truth to power and take the powers that be head-on.
IPS UN Bureau Report

 


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Home Away From Home is the theme of World Refugee Day 2023. However, for many, including human rights activists who have fled their homes, a decline in civil rights in their host countries means their lives are often endangered and their activism curtailed. Source

Hong Kong’s Lights of Freedom Extinguished

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Asia-Pacific, Civil Society, Crime & Justice, Democracy, Education, Featured, Headlines, Press Freedom, TerraViva United Nations

Opinion

Credit: Yan Zhao/AFP via Getty Images

LONDON, Jun 9 2023 (IPS) – Nothing was more predictable than repression. Merely for holding candles and flowers, people were taken away by Hong Kong’s police.

The occasion was the anniversary of the Tiananmen Square Massacre, 4 June 1989. Hong Kong was until recently home to mass annual vigils where thousands gathered to keep alive the memory of that day. But that’s all gone now in the crackdown that followed large-scale protests for democracy that erupted in 2019.

Hong Kong’s authorities are evidently determined to erase any form of acknowledgement that the massacre ever happened. Memorials and artworks commemorating it have been removed. Books that mention the tragedy have disappeared from libraries. Shops selling the LED candles commonly used to mark the occasion were visited by the authorities in the run up to this year’s anniversary.

The organisation behind the vigil, the Hong Kong Alliance in Support of Patriotic Movements in China, closed itself down in 2021 following a police investigation. Several of its leaders were jailed in March.

Instead of hosting the usual vigil, this year Hong Kong’s Victoria Park was home to a carnival celebrating Chinese rule. People wanting to mark the occasion had to do so in private.

This is only the tip of the iceberg. People are mourning not only the many who died on 4 June 1989 but also the Hong Kong vanishing before their eyes.

Further than ever away from democracy

When Hong Kong was handed over to China by the UK in 1997, China agreed to maintain the country’s distinct political and economic structures for the next 50 years, under the banner of ‘one country, two systems’.

Hong Kong’s Basic Law guaranteed civic rights, including freedoms of association, peaceful assembly and expression. China committed to move towards universal suffrage for the election of Hong Kong’s Chief Executive, the head of government.

But following the democracy protests that burst out in 2019, China has unilaterally torn up that agreement. Three years ago, the government passed the National Security Law, a sweeping piece of legislation that criminalises criticism of the authorities. It’s been used alongside existing laws, such as the law on sedition, to jail leaders of the democracy movement.

China never made good on its promise of universal suffrage. It’s gone in the opposite direction. Current Chief Executive John Lee – who as security chief led the violent crackdown on democracy protests – was chosen last year by a hand-picked 1,500-member Election Committee, which duly endorsed him as the sole candidate.

The Legislative Council, Hong Kong’s parliament, had already been neutered. The number of directly elected seats has been slashed and people are disqualified from standing if they question China’s sovereignty over Hong Kong.

Now the District Councils are in the firing line. When the last elections for the municipal bodies were held, in the thick of democracy protests in November 2019, pro-democracy parties triumphed.

Such a result is now impossible. In 2021, a law was passed requiring all district councillors to swear an oath of allegiance affirming their ‘patriotism’ for China. Most of the pro-democracy candidates elected in 2019 were disqualified or resigned.

Now when new district councillors are chosen in November, only 20 per cent of seats will be directly elected. The authorities will fill the rest with their supporters, all vetted to ensure their ‘patriotism’. Little wonder that the Civic Party, one of Hong Kong’s leading pro-democracy parties, recently announced it was closing down.

A hollowed-out Hong Kong

Hong Kong was once a country where people felt safe to protest. It had a flourishing media and publishing industry. Now journalists are criminalised and key independent media have shut down.

Civil society organisations and trade unions have done the same. The remaining organisations are scattered, practising self-censorship. Protests continue to be heavily restricted: this year a planned International Women’s Day march was cancelled after police threats.

People continue to try to find ways to express dissent, but any small gesture can attract the state’s ire. The death of Queen Elizabeth II gave people an opportunity to use public mourning to express at with the regression since handover. But when a vigil was held during the Queen’s funeral, a harmonica player was arrested for daring to play the tune Glory to Hong Kong, associated with the democracy protests.

Last year five speech therapists were convicted of producing ‘seditious publications’. Their crime was to produce children’s books in which sheep defend their villages from wolves. This was taken to be an allegory of China’s control of Hong Kong.

Everyday repression is making Hong Kong a hollowed-out country, its population falling. Some schools face closure due to falling student numbers. Many have fled, not wanting their children to grow up in a country where education is indoctrination. The curriculum has been reworked to teach students loyalty rather than independent thought. Many teachers are leaving the country or taking early retirement.

With the legal system facing increasing interference and political pressure, lawyers are also among those fleeing.

A key test will be the trial of Jimmy Lai, former media owner and democracy campaigner. He’s already been found guilty on numerous counts. His newspaper, Apple Daily, once Hong Kong’s most widely read pro-democracy paper, shut down in 2021. He faces trial under the National Security Law, which could mean a life sentence.

The judges who will try Lai have been handpicked by John Lee. Meanwhile the authorities have tried to prevent Lai’s defence lawyer, UK barrister Tim Owen, representing him in court. In March they passed a law giving Lee the power to ban foreign lawyers working on national security cases. It isn’t looking promising.

Lai is one of Hong Kong’s 1,508 political prisoners. Even as the population shrinks, the imprisoned population just keeps getting bigger. The candles that commemorate the Tiananmen Square Massacre and the yearning for democracy will continue to flare around the world in exile – but those lights are being extinguished in Hong Kong.

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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