Brazil Back on the Green Track

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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Transgender People Face Growing Violence, Discrimination in Pakistan

Transgender people often entertain at weddings and other events, but they increasingly face violent acts, especially since part of an Act ensuring their rights was recently struck down. Credit: Ashfaq Yusufzai/IPS

Transgender people often entertain at weddings and other events, but they increasingly face violent acts, especially since part of an Act ensuring their rights was recently struck down. Credit: Ashfaq Yusufzai/IPS

By Ashfaq Yusufzai
PESHAWAR, Jul 24 2023 (IPS)

“The problems transgender people face start from their homes as their parents, especially fathers and brothers, look them down upon and disrespect them,” says 20-year-old Pari Gul.


Gul, a resident of Charsadda district in Khyber Pakhtunkhwa (KP), left her house at 16 when her mother asked her to or face being killed by her father.

“I was born as a boy, and my name was Abdul Wahid, but when I came to Peshawar and joined a transgender group, I got a female name, Pari Gul. Since then, I have been going to weddings and other festive ceremonies to dance,” she says. “Dance is my passion.”

However, she has often been the brunt of discrimination and violence.

“During my five-year career, people have beaten me more than 20 times. Each time the perpetrators went unpunished,” she told IPS in an interview.

Trans people are often targeted in KP, one of Pakistan’s four provinces.

On March 28, a man shot dead a transgender person in Peshawar. It was the third incident targeting transgender persons in the province in less than a week. Despite the violence, violent attacks on transgender people aren’t considered a major crime.

Khushi Khan, a senior transgender person, says lack of protection is the main problem.

“People have developed a disdain for us. They consider us non-Muslims because we dance at marriages and other ceremonies,” she says.

“We had lodged at least a dozen complaints with police in the past three months when our colleagues were robbed of money, molested and raped but to no avail,” Khan, 30, says.

Last month, clerics in the Khyber district decided they wouldn’t offer funerals to transgender persons and asked people to boycott them.

Rafiq Shah, a social worker, says that people attack the houses of transgender, kill, injure and rob them, but the police remain silent “spectators”.

“We have been protesting against violence frequently, but the situation remains unchanged,” Shah said.

Qamar Naseem, head of Blue Veins, a national NGO working to promote and protect transgender people, isn’t happy over the treatment meted out to the group.

“Security is the main issue of transgender persons. About 84 transgender persons have been killed in Pakistan since 2015 while another 2,000 have faced violence, but no one has been punished so far,” Naseem says.

The lack of action by the police has emboldened the people.

“Health, transportation, livelihoods and employment issues have hit the transgender (community) hard. Most of the time, they remained confined to their homes, located inside the city,” he says.

There are no data regarding the number of transgender in the country because the government doesn’t take them seriously, he says.

In May 2023, the Federal Shariat Court (FSC) dealt a severe blow when it suspended the implementation rules of the Protection of Transgender Persons Protection of Rights Act.

Farzana Jan, president of TransAction Alliance, says that FSC’s declaration that individuals cannot alter their gender at their own discretion, asserting that specific clauses within the Transgender Persons (Protection of Rights) Act, 2018 contradict Islamic law, has disappointed us.

The FSC declared un-Islamic sections 3 and 7 and two sub-sections of Section 2 of the Transgender Persons (Protection of Rights) Act, 2018, five years after the law was passed, the FSC rolled back key provisions granting rights to Pakistan’s transgender community.

Some right-wing political parties had previously voiced concerns over the bill as a promoter of “homosexuality,” leading to “new social problems”.

The Transgender Persons (Protection of Rights) Act, 2018, is against the injunctions of Islam as laid down in the Holy Quran and Sunnah of the Holy Prophet (PBUH) and will cease to have any legal effect immediately, the verdict stated.

Amnesty International said the verdict was a blow to the rights of the already beleaguered group of transgender and gender-diverse people in Pakistan. It said some of the FSC’s observations were based on presumptive scenarios rather than empirical evidence. The denial of essential rights of transgender and gender-diverse persons should not be guided by assumptions rooted in prejudice, fear and discrimination, AI said.

“Any steps taken by the government of Pakistan to deny transgender and gender-diverse people the right to gender identity is in contravention of their obligations under international human rights law, namely the International Covenant on Civil and Political Rights (ICCPR) and the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) to which they are a state party,” it said.

The government should take immediate steps to stop the reversal of essential protections, without which transgender and gender-diverse people will be even more at risk of harassment, discrimination and violence, AI added.

On July 12, 2023, transgender representatives from all provinces held a press conference at Lahore Press Club, where they vehemently condemned the recent decision by the FSC against the Transgender Persons (Protection of Rights) Act, 2018.

Arzoo Bibi, who was at a press conference, said it was time to stand united for justice and equality.

“Militants don’t threaten us, but our biggest concern is the attitude of the society and police,” said Arzoo.
IPS UN Bureau Report

 


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Mandela Day Reminder to Stand Witness to Human Rights Defenders

Nelson Mandela, then Deputy President of the African National Congress of South Africa, raises his fist in the air while addressing the Special Committee Against Apartheid in the General Assembly Hall, June 22, 1990. Global alliance CIVICUS commemorated Mandela Day with a reminder that many rights defenders are jailed and intimidated. Credit: UN Photo/Pernaca Sudhakaran

Nelson Mandela, then Deputy President of the African National Congress of South Africa, raises his fist in the air while addressing the Special Committee Against Apartheid in the General Assembly Hall, June 22, 1990. Global alliance CIVICUS commemorated Mandela Day with a reminder that many rights defenders are jailed and intimidated. Credit: UN Photo/Pernaca Sudhakaran

By Joyce Chimbi
NAIROBI , Jul 18 2023 (IPS)

As human rights increasingly deteriorate, rights defenders are being violently suppressed. Abducted, detained, tortured, and humiliated, many now live one day at a time. They have been told, in no uncertain times, that anything could happen. They are now asking the global community to stand as a witness.


“Like Nelson Mandela was, hundreds of human rights defenders around the world are in prison for their human rights activities. Just like him, they are unjustly treated, fictitious charges levelled against them and handed the most serious sentences that are often used against criminals. One of our priorities is to work with human rights defenders to advocate for their release,” says David Kode from CIVICUS, a global alliance of civil society with a presence in 188 countries around the world.

Inspired by the life story of the late iconic South African President Nelson Mandela, the Stand As My Witness Campaign was launched on Nelson Mandela Day in 2020 by CIVICUS, its members and partners.

In commemoration of the third anniversary of the Stand As My Witness campaign, CIVICUS and its partners, including human rights defenders, hosted a public event titled, ‘Celebrating Human Rights Defenders through Collaborative Advocacy Efforts’, to celebrate the brave contributions of human rights defenders and raise awareness about those who are still in detention.

David Kobe said that CIVICUS had profiled at least 25 human rights defenders since the Stand As My Witness Campaign started three years ago. Credit: Joyce Chimbi/IPS

David Kobe said that CIVICUS had profiled at least 25 human rights defenders since the Stand As My Witness Campaign started three years ago. Credit: Joyce Chimbi/IPS

“Over the last three years, we have profiled more than 25 human rights defenders collectively because some human rights defenders are profiled as individuals and others, such as those in Burundi, are profiled as a group because they were arrested as a group. More than 18 human rights defenders have been released over the last three years. As we celebrate, we must recognize that the journey has just started, it is quite long, and the battle is far from over,” Kode said.

The event brought together families and colleagues of detained human rights defenders, previously detained human rights defenders, representatives from the Office of the High Commissioner for Human Rights (OHCHR) and other human rights mechanisms and civil society organisations.

Lysa John, the Secretary General of CIVICUS, spoke about how special Mandela Day is, for it is the one day of the year when the spirit of solidarity is celebrated in his memory. It is also a day to look back at what has been achieved and how much more could be achieved in solidarity.

She further addressed issues of civic space restrictions, closure of civic space and how these restrictions impact societies and individuals. John stressed that the event was held in the context of the 25th anniversary of the adoption of the UN Declaration on Human Rights Defenders and the 75th anniversary of the UNDHR or Human Rights 75 to promote their objectives.

“One-third of the population of the world live in contexts which are closed. Where attacks on people who speak out or exercise their civic freedoms are attacked or arrested without any accountability. More and more people in the world, in fact, the largest section of the world, estimated at 44 percent live in countries where civic space and civic freedoms are restricted. In this regard, civic society is more than ever reinventing itself, and there is increased support for them,” she said.

Birgit Kainz from OHCHR spoke about the importance of bringing to life the UN Declaration on Human Rights Defenders for its adoption was a consensus that human dignity is at the core of everything.

She spoke about the need to be deliberate in the defence of civic space as it enables people to shape their future and that of their children. Kainz said that protection and security are two sides of the same coin and urged participants to network and connect to improve civic space and to also play a complementary role. Further emphasizing the need to maintain data, especially about who is in detention and where in line with SDGs.

Maximilienne Ngo Mbe from Cameroon is one of the most prolific human rights defenders in Africa. She spoke about the need to create safe spaces for women rights defenders. Photo Joyce Chimbi.jpg

Maximilienne Ngo Mbe from Cameroon is one of the most prolific human rights defenders in Africa. She spoke about the need to create safe spaces for women rights defenders. Credit: Joyce Chimbi/IPS

Maximilienne Ngo Mbe spoke about the life and times of human rights defenders today. She is one of the most prolific human rights defenders in Africa and continues to receive a lot of restrictions for her fearless human rights activities that often have her fleeing from Cameroon to other countries for safety.

“We need a network for women rights defenders because of the special challenges they face as girls, wives, mothers and vulnerable people. Women are engaging less and less because of these challenges and the multiple roles they play in society,” she said.

The event was an opportunity for released human rights defenders such as Maria Esperanza Sanchez from Nicaragua to speak about resilience in the face of brutal regimes. She spoke about how armed men often came to her house to threaten and intimidate her. Of her arrest, humiliation and torture in 2020, being sentenced to 10 years in prison and her eventual release.

It was also an opportunity to speak on behalf of those who cannot. They include Khurram Parvez, a prolific human rights defender in India. At the time of his arrest for human rights activities, he was leading two critical organizations at the national and regional levels.

Parvez is being charged as a terrorist. His story aligns with that of Kenia Hernandez, a 32-year-old indigenous Amuzga woman, mother of two, lawyer and an advocate for human rights who is currently detained in a maximum-security prison in Mexico and has been sentenced to 21 years. Her story is illustrative of the high-risk female rights defenders and people from marginalized groups face.

Ruben Hasbun from Global Citizen spoke about how to effectively advocate for the release of human rights defenders, sharing lessons from Stand As My Witness campaigners.  The event further opened up space to address the role of the private sector.

Christopher Davis from Body Shop, a brand that continues to be at the forefront of supporting human rights and rights defenders, fighting social and environmental injustice.

At the end of the session, participants were invited to sign a petition to have the United Arab Emirates immediately and unconditionally release all those detained solely for the exercise of their human rights and end all abuse and harassment of detained critics, human rights defenders, political opposition members, and their families.

IPS UN Bureau Report

 


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IPS – UN Bureau, IPS UN Bureau Report, CIVICUS

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Guatemala Clings to Democratic Promise

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

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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UN Cybercrime Convention: Could the Cure Be Worse than the Disease?

Civil Society, Crime & Justice, Featured, Global, Headlines, Human Rights, TerraViva United Nations

Opinion

Credit: CIVICUS

MONTEVIDEO, Uruguay, Jun 16 2023 (IPS) – If you’ve never heard of the Cybercrime Convention, you’re not alone. And if you’re wondering whether an international treaty to tackle cybercrime is a good idea, you’re in good company too.


Negotiations have been underway for more than three years: the latest negotiating session was held in April, and a multi-stakeholder consultation has just concluded. A sixth session is scheduled to take place in August, with a draft text expected to be approved by February 2024, to be put to a vote at the UN General Assembly (UNGA) later next year. But civil society sees some big pitfalls ahead.

Controversial beginnings

In December 2019, the UNGA voted to start negotiating a cybercrime treaty. The resolution was sponsored by Russia and co-sponsored by several of the world’s most repressive regimes, which already had national cybercrime laws they use to stifle legitimate dissent under the pretence of combatting a variety of vaguely defined online crimes such as insulting the authorities, spreading ‘fake news’ and extremism.

Tackling cybercrime certainly requires some kind of international cooperation. But this doesn’t necessarily need a new treaty. Experts have pointed out that the real problem may be the lack of enforcement of current international agreements, particularly the 2001 Council of Europe’s Budapest Convention.

When Russia’s resolution was put to a vote, the European Union, many states and human rights organisations urged the UNGA to reject it. But once the resolution passed, they engaged with the process, trying to prevent the worst possible outcome – a treaty lacking human rights safeguards that could be used as a repressive tool.

The December 2019 resolution set up an ad hoc committee (AHC), open to the participation of all UN member states plus observers, including civil society. At its first meeting to set procedural rules in mid-2021, Brazil’s proposal that a two-thirds majority vote be needed for decision-making – when consensus can’t be achieved – was accepted, instead of the simple majority favoured by Russia. A list of stakeholders was approved, including civil society organisations (CSOs), academic institutions and private sector representatives.

Another key procedural decision was made in February 2022: intersessional consultations were to be held between negotiating sessions to solicit input from stakeholders, including human rights CSOs. These consultations have given CSOs the chance to make presentations and participate in discussions with states.

Human rights concerns

Several CSOs are trying to use the space to influence the treaty process, including as part of broader coalitions. Given what’s at stake, in advance of the first negotiating session, around 130 CSOs and experts urged the AHC to embed human rights safeguards in the treaty.

One of the challenges it that, as early as the first negotiating session, it became apparent there wasn’t a clear definition of what constitutes a cybercrime and which cybercrimes should be regulated by the treaty. There’s still no clarity.

The UN identifies two main types of cybercrimes: cyber-dependent crimes such as network intrusion and malware distribution, which can only be committed through the use of information and communications technologies (ICTs), and cyber-enabled crimes, which can be facilitated by ICTs but can be committed without them, such as drug trafficking and the illegal distribution of counterfeit goods.

Throughout the negotiation process there’s been disagreement about whether the treaty should focus on a limited set of cyber-dependent crimes, or address a variety of cyber-enabled crimes. These, human rights groups warn, include various content-related offences that could be invoked to repress freedom of expression.

These concerns have been highlighted by the Office of the UN High Commissioner for Human Rights, which has emphasised that the treaty shouldn’t include offences related to the content of online expression and should clearly and explicitly reference binding international human rights agreements to ensure it’s applied in line with universal human rights principles.

A second major disagreement concerns the scope and conditions for international cooperation. If not clearly defined, cooperation arrangements could result in violations of privacy and data protection provisions. In the absence of the principle of dual criminality – where extradition can only apply to an action that constitutes a crime in both the country making an extradition request and the one receiving it – state authorities could be made to investigate activities that aren’t crimes in their own countries. They could effectively become enforcers of repression.

Civil society has pushed for recognition of a set of principles on the application of human rights to communications surveillance. According to these, dual criminality should prevail, and where laws differ, the one with the higher level of rights protections should be applied. It must be ensured that states don’t use mutual assistance agreements and foreign cooperation requests to circumvent domestic legal restrictions.

An uncertain future

Following the third multistakeholder consultation held in November 2022, the AHC released a negotiating draft. In the fourth negotiating session in January 2023, civil society’s major concerns focused on the long and growing number of criminal offences listed in the draft, many of them content-related.

It’s unclear how the AHC intends to bridge current deep divides to produce the ‘zero draft’ it’s expected to share in the next few weeks. If it complies with the deadline by leaving contentious issues undecided, the next session, scheduled for August, may bring a shift from consensus-building to voting – unless states decide to give themselves some extra time.

As of today, the process could still conclude on time, or with a limited extension, following a forced vote on a harmful treaty that lacks consensus and therefore fails to enter into effect, or does so for a limited number of states. Or it could be repeatedly postponed and fade away. Civil society engaged in the process may well think such a development wouldn’t be so bad: better no agreement than one that gives repressive states stronger tools to stifle dissent.

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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