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 Outdated statistics from 2017 indicate that more than 67,267 refugees live in Nairobi.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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Excerpt:

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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Climate Change Gets Its Day in Court

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Asia-Pacific, Civil Society, Climate Action, Climate Change, Development & Aid, Environment, Featured, Global, Headlines, Human Rights, TerraViva United Nations

Opinion

Credit: Save the Children Vanuatu/Facebook

MONTEVIDEO, Uruguay, May 25 2023 (IPS) – As a matter of global justice, the climate crisis has rightfully made its way to the world’s highest court.

On 29 March 2023, the United Nations General Assembly (UNGA) unanimously adopted a resolution asking the International Court of Justice (ICJ) to issue an advisory opinion on the obligations of states on climate change. The initiative was led by the Pacific Island state of Vanuatu, one of several at risk of disappearing under rising sea levels. It was co-sponsored by 132 states and actively supported by networks of grassroots youth groups from the Pacific and around the world.

Civil society’s campaign

In 2019, a group of law students from the University of the South Pacific formed Pacific Islands Students Fighting Climate Change (PISFCC), a regional organisation with national chapters in Fiji, the Solomon Islands, Tonga and Vanuatu. PISFCC advocated with the Pacific Island Forum – the key regional body – to put the call for an ICJ opinion on its agenda. The government of Vanuatu announced it would seek this in September 2021, and Pacific civil society organisations (CSOs) formed an alliance – the Alliance for a Climate Justice Advisory Opinion – that has since grown to include CSOs and many others from around the world, including UN Special Rapporteurs and global experts.

The campaign made heavy use of social media, with people sharing their stories on the impacts of climate change and emphasising the importance of an ICJ opinion to help support calls for climate action, including climate litigation. It organised globally, sharing a toolkit used by activists around the world, and took to the streets locally. In Vanuatu, where it all started, children demonstrated in September 2022 to call attention to the impacts of climate change as their country’s single greatest development threat and express support for the call for an ICJ opinion.

In the run-up to the UNGA session that adopted the historic resolution, thousands of CSOs from around the world supported a letter calling for governments to back the vote.

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The ICJ’s role

The ICJ is made up of 15 judges elected by the UNGA and UN Security Council. It settles legal disputes between states and provides advisory opinions on legal questions referred to it by other parts of the UN system.

The questions posed to the ICJ aim to clarify the obligations of states under international law to protect the climate system and environment from human-induced greenhouse gas emissions. They also ask about the legal responsibilities of states that have caused significant environmental harm towards other states, particularly small islands, and towards current and future generations.

To provide its advisory opinion, the ICJ will have to interpret states’ obligations as outlined in the 1992 UN Framework Convention on Climate Change and the 2015 Paris Agreement as well as the Universal Declaration of Human Rights and a variety of international covenants and treaties. It may consider previous UNGA resolutions on climate change, such as the recent one recognising access to a clean, healthy and sustainable environment as a universal human right, and other resolutions by the UN Human Rights Council and reports by the Office of the UN High Commissioner of Human Rights and its independent human rights experts. It may also take into account decisions by UN treaty bodies and its own jurisprudence on climate and environmental matters.

Next steps

According to its statute, the ICJ can seek written statements from states or international organisations likely to have relevant information on the issue at hand. On 20 April, it communicated its decision to treat the UN and all its member states as ‘likely to be able to furnish information on the questions submitted to the Court’ and gave them six months to submit written statements, after which they will have three months to make written comments on statements made by other states or organisations.

Civil society doesn’t have any right to submit formal statements, so climate activists are urging as many people as possible to advocate towards their governments to make strong submissions that will lead to a progressive ICJ opinion. After submissions close, the ICJ is likely to take several months to deliberate, so its opinion may be expected at some point in 2024, likely towards the end of the year.

Advisory opinions aren’t binding. They don’t impose obligations on states. But they shape the global understanding of states’ obligations under international law and can motivate states to show their compliance with rising standards. An ICJ opinion could positively influence climate negotiations, pushing forward long-delayed initiatives on funding for loss and damage. It could encourage states to make more ambitious pledges to cut greenhouse gas emissions. It might also help raise awareness of the particular risks faced by small island states and provide arguments in favour of stronger climate action, helping climate advocates gain ground within governments.

A progressive advisory opinion could also help support domestic climate litigation: research shows that domestic courts are increasingly inclined to cite ICJ opinions and other sources of international law, including when it comes to determining climate issues.

The risk can’t be ruled out of a disappointing ICJ opinion merely reiterating the content of existing climate treaties without making any progress on states’ obligations. But climate activists find reasons to expect much more: many see this as a unique opportunity, brought about by their own persistent efforts, to advance climate justice and push for action that meets the scale of the crisis.

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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Chile: New Constitution in the Hands of the Far Right

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Credit: Martín Bernetti/AFP via Getty Images

By Inés M. Pousadela
MONTEVIDEO, Uruguay, May 19 2023 (IPS)

On 7 May, Chileans went to the polls to choose a Constitutional Council that will produce a new constitution to replace the one bequeathed by the Pinochet dictatorship – and handed control to a far-right party that never wanted a constitution-making process in the first place.

This is the second attempt at constitutional change in two years. The first process was the most open and inclusive in Chile’s history. The resulting constitutional text, ambitious and progressive, was widely rejected in a referendum. It’s now far from certain that this latest, far less inclusive process will result in a new constitution that is accepted and adopted – and there’s a possibility that any new constitution could be worse than the one it replaces.

A long and winding road

Chile’s constitution-making process was born out of mass protests that erupted in October 2019, under the neoliberal administration of Sebastián Piñera. Protests only subsided when the leaders of major parties agreed to hold a referendum to ask people whether they wanted a new constitution and, if so, how it should be drafted.

In the vote in October 2020, almost 80 per cent of voters backed constitutional change, with a new constitution to be drafted by a directly elected Constitutional Assembly. In May 2021, the Constitutional Assembly was elected, with an innovative mechanism to ensure gender parity and reserved seats for Indigenous peoples. Amid great expectations, the plural and diverse body started a one-year journey towards a new constitution.

Pushed by the same winds of change, in December 2021 Chile elected its youngest and most unconventional president ever: former student protester Gabriel Boric. But things soon turned sideways, and support for the Constitutional Assembly – often criticised as made up of unskilled amateurs – declined steadily along with support for the new government.

In September 2022, a referendum resulted in an overwhelming rejection of the draft constitution. Although very progressive in its focus on gender and Indigenous rights, a common criticism was that the proposed constitution failed to offer much to advance basic social rights in a country characterised by heavy economic inequality and poor public services. Disinformation was also rife during the campaign.

The second attempt kicked off in January 2023, with Congress passing a law laying out a new process with a much more traditional format. Instead of the large number of independent representatives involved before, this handed control back to political parties. The timeframe was shortened, the assembly made smaller and the previous blank slate replaced by a series of agreed principles. The task of producing the first draft is in the hands of a Commission of Experts, with a technical body, the Technical Admissibility Committee, guarding compliance with a series of agreed principles. One of the few things that remained from the previous process was gender parity.

Starting in March, the Commission of Experts was given three months to produce a new draft, to be submitted to the Constitutional Council for debate and approval. A referendum will be held in December to either ratify or reject the new constitution.

Rise of the far right

Compared with the 2021 election for the Constitutional Convention, the election for the Constitutional Council was characterised by low levels of public engagement. A survey published in mid-April found that 48 per cent of respondents had little or no interest in the election and 62 per cent had little or no confidence in the constitution-making process. Polls also showed increasing dissatisfaction with the government: in late 2022, approval rates had plummeted to 27 per cent. This made an anti-government protest vote likely.

While the 2021 campaign focused on inequality, this time the focus was on rising crime, economic hardship and irregular migration, pivoting to security issues. The party that most strongly reflected and instrumentalised these concerns came out the winner.

The far-right Republican Party, led by defeated presidential candidate José Antonio Kast, received 35.4 per cent of the votes, winning 23 seats on the 50-member council. The government-backed Unity for Chile came second, with 28.6 per cent and 16 seats. The traditional right-wing alliance Safe Chile took 21 per cent of the vote and got 11 seats. No seats were won by the populist People’s Party and the centrist All for Chile alliance, led by the Christian Democratic Party. The political centre has vanished, with polarisation on the rise.

 
What to expect

The Expert Commission will deliver its draft proposal on 6 June and the Constitutional Council will then have five months to work on it, approving decisions with the votes of three-fifths of its members – meaning 31 votes will be needed to make decisions, and 21 will be enough to block them. This gives veto power to the Republican Party – and if it manages to work with the traditional right wing, they will be able to define the new constitution’s contents.

 
The chances of the new draft constitution being better than the old one are slim. In the best-case scenario, only cosmetic changes will be introduced. In the worst, an even more regressive text will result.

People will have the final say on 17 December. If they ratify the proposed text, Chile will adopt a constitution that is, at best, not much different from the existing one. If they reject it, Chileans will be stuck with the old constitution that many rose up against in 2019. Either way, a once-in-a-generation opportunity to expand the recognition of rights will have been lost, and it will fall on civil society to keep pushing for the recognition and protection of human rights.

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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Uzbekistan: A President for Life?

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Credit: Victor Drachev/AFP via Getty Images

By Andrew Firmin
LONDON, May 5 2023 (IPS)

Where will you be in 2040? For Uzbekistan’s President Shavkat Mirziyoyev, the answer is: in the Kuksaroy Presidential Palace. That’s the chief consequence of the referendum held in the Central Asian country on 30 April.

With dissent tightly controlled in conditions of closed civic space, there was no prospect of genuine debate, a campaign against, or a no vote.

Repression betrays image of reform

Mirziyoyev took over the presidency in 2016 following the death of Islam Karimov, president for 26 years. Karimov ruled with an iron fist; Mirziyoyev has tried to position himself as a reformer by comparison.

The government rightly won international recognition when Uzbekistan was declared free of the systemic child labour and forced labour that once plagued its cotton industry. The move came after extensive international civil society campaigning, with global action compensating for the inability of domestic civil society to mobilise, given severe civic space restrictions.

While that systemic problem has been addressed, undoubtedly abuses of labour rights remain. And these are far from the only human rights violations. When one of the proposed constitutional changes announced last July sparked furious protests, the repression that followed belied Mirziyoyev’s reformist image.

Among the proposed changes was a plan to amend the status of Uzbekistan’s Karakalpakstan region. Formally, it’s an autonomous republic with the right to secede. The surprise announcement that this special status would end brought rare mass protests in the regional capital, Nukus. When local police refused to intervene, central government flew over riot police, inflaming tensions and resulting in violent clashes.

A state of emergency was imposed, tightly restricting the circulation of information. Because of this, details are scarce, but it seems some protesters started fires and tried to occupy government buildings, and riot police reportedly responded with live ammunition and an array of other forms of violence. Several people were killed and over 500 were reported to have been detained. Many received long jail sentences.

The government quickly dropped its intended change, but otherwise took a hard line, claiming the protesters were foreign-backed provocateurs trying to destabilise the country. But what happened was down to the absence of democracy. The government announced the proposed change with no consultation. All other channels for expressing dissent being blocked, the only way people could communicate their disapproval was to take to the streets.

Civic space still closed

It remains the reality that very little independent media is tolerated and journalists and bloggers experience harassment and intimidation. Vague and broad laws against the spreading of ‘false information’ and defamation give the state ample powers to block websites, a regular occurrence.

Virtually no independent civil society is allowed; most organisations that present themselves as part of civil society are government entities. Independent organisations struggle to register, particularly when they have a human rights focus. New regulations passed in June 2022 give the state oversight of activities supported by foreign donors, further restricting the space for human rights work.

It’s been a long time since Uzbekistan held any kind of recognisably democratic vote. The only presidential election with a genuine opposition candidate was held in 1991. Mirziyoyev certainly hasn’t risked a competitive election: when he last stood for office, to win his second term in 2021, he faced four pro-government candidates.

A flawed vote and a self-serving outcome

The referendum’s reported turnout and voting totals were at around the same levels as for the non-competitive presidential elections: official figures stated that 90-plus per cent endorsed the changes on a turnout of almost 85 per cent.

Given the state’s total control, voting figures are hard to trust. Even if the numbers are taken at face value, election observers from the Organization for Security and Co-operation in Europe pointed out that the referendum was held ‘in an environment that fell short of political pluralism and competition’. There was a lack of genuine debate, with very little opportunity for people to put any case against approving the changes.

State officials and resources were mobilised to encourage a yes vote and local celebrities were deployed in rallies and concerts. State media played its usual role as a presidential mouthpiece, promoting the referendum as an exercise in enhancing rights and freedoms. Anonymous journalists reported that censorship had increased ahead of the vote and they’d been ordered to cover the referendum positively.

Mirziyoyev is clearly the one who benefits. The key change is the extension of presidential terms from five to seven years. Mirziyoyev’s existing two five-year terms are wiped from the count, leaving him eligible to serve two more. Mirziyoyev has taken the same approach as authoritarian leaders the world over of reworking constitutions to stay in power. It’s hardly the act of a reformer.

The president remains all-powerful, appointing all government and security force officials. Meanwhile there’s some new language about rights and a welcome abolition of the death penalty – but no hint of changes that will allow movement towards free and fair elections, real opposition parties, independent human rights organisations and free media.

The constitution’s new language about rights will mean nothing if democratic reform doesn’t follow. But change of this kind was always possible under the old constitution – it’s always been lack of political will at the top standing in the way, and that hasn’t changed.

Democratic nations, seeking to build bridges in Central Asia to offer a counter to the region’s historical connections with Russia, may well welcome the superficial signs of reform. A UK-based public relations firm was hired to help persuade them. But they should urge the president to go much further, follow up with genuine reforms, and allow for real political competition when he inevitably stands for his third term.

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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Fiji: Deeper Democracy or Continuing Danger?

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Credit: Pita Simpson/Getty Images

By Andrew Firmin
LONDON, Apr 28 2023 (IPS)

It’s been a time of significant change in Fiji following the country’s December 2022 election. A close vote was followed by the formation of a new coalition government. Frank Bainimarama was out as prime minister after 16 years, replaced by Sitiveni Rabuka.

Rabuka was hardly a new face, having been prime minister in the 1990s, and both Bainimarama and Rabuka had previously led military coups. For Fiji’s civil society, the question was whether this political shift would bring improvements in civic and democratic freedoms. Bainimarama’s government had shown itself increasingly intolerant of dissent.

People who criticised the government were subjected to harassment and arrest. In July 2021, nine opposition politicians were arrested, questioned and accused of inciting unrest. In 2020, opposition party offices were raided by police in response to social media posts critical of the government.

The outgoing government used the Public Order Act to restrict protests, including by opposition parties. The Fiji Trade Union Congress was repeatedly denied permission to march and its leader charged with public order offences. Police often used excessive force against protests, with impunity. There was, in short, much room for improvement.

Positive steps on media freedom

The most encouraging move so far is the repeal of the Media Industry Development Act. This law, passed under the Bainimarama government, established a highly interventionist government-controlled media regulator. Journalists could be jailed for two years and media outlets slapped with heavy fines if their reporting was judged to go against the national or public interest – vague terms open to broad interpretation. This encouraged self-censorship.

The law was one of the main reasons Fiji was the lowest-ranking Pacific Island nation on Reporters Without Borders’ World Press Freedom Index. Media freedom constraints came from the top, with the government favouring state-aligned media, including by withholding advertising from more critical outlets.

Now the media and civil society will be looking for the government to go further. A sedition law that can bring extensive jail sentences remains in need of reform. And beyond this, the government needs to actively support the development of independent Fijian media, including through the fairer distribution of ad spending.

The new government has also moved to rebuild relationships with trade unions. In February it confirmed it would re-establish an effective tripartite forum that brings together government, trade unions and employers; its predecessor was accused of not taking this seriously. The new government has said it will bring to an end the harassment, intimidation and arrest of union leaders. Unions will work to hold the government to these promises.

A fall from grace

These changes have come against a backdrop of continuing political polarisation. It’s been quite the journey for Bainimarama since losing power. In February he was suspended from parliament. This came after he used his first speech as leader of the opposition to deliver a stinging critique of Fiji’s president, Ratu Wiliame Katonivere.

In his speech, Bainimarama appealed to the military to ‘not forsake their constitutional role’. This seemed a coded plea for military intervention: the 2013 constitution, introduced by Bainimarama, gives the military the power to intervene to ensure the ‘safety and security of the country’. When he was still prime minister, as post-electoral negotiations were taking place, Bainimarama had ordered the military onto the streets.

Bainimarama’s response to his suspension was to resign from parliament. But he made clear his intent to stay politically active and remains party leader.

Last month Bainimarama was charged with abuse of office while prime minister. He was granted bail after pleading not guilty. He’s alleged to have intervened to stop a police investigation into alleged corruption at the University of the South Pacific. Police Commissioner Sitiveni Tukaituraga Qiliho, currently suspended, is also charged with abuse of office for the same case and has also pleaded not guilty.

Dangers ahead

The obvious danger is that Bainimarama, no longer confined by parliamentary niceties, could seek to stir unrest through sensationalism and disinformation, which could offer a pretext for his supporters in the military to intervene. The spectre of military rule is never far away in Fiji. There have been four coups since independence in 1970. Rabuka led two in 1987 and then Bainimarama headed coups in 2000 and 2006. In this context, it’s ominous that in January the head of the army expressed concern about ‘sweeping changes’ being introduced by the new government.

On all occasions the pretext for coups has been ethnic unrest, with Fiji’s population broadly divided between Indigenous Fijians and people of Asian heritage. Civil society and the international community will need to stay alert to any attempts to foster division and mobilise one population group against the other.

At the same time the new government needs to beware of fuelling narratives that it’s being vindictive towards Bainimarama and his party. There’s a need to ensure that diverse points of view can be aired – including from the new opposition. As a former coup leader, Rabuka needs to keep proving his commitment to democracy.

What happens next in Fiji is of concern not just for Fijians but for the region, since the country is a major hub and host of key regional institutions. China and the USA, along with Australia, are trying to build closer relations with Fiji as they compete for influence among Pacific Island nations. So whether Fiji becomes more democratic and opens up civic space matters.

In these early days of the new government there can be no room for complacency. Fiji’s civil society must be supported and enabled as a vital democratic force. And it must keep on engaging constructively to ensure that government promises are followed by deeds that advance rights.

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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