What is the World’s Most “Demanding and Impossible Job”?

Civil Society, Democracy, Featured, Global, Global Governance, Headlines, Human Rights, IPS UN: Inside the Glasshouse, TerraViva United Nations

Credit: UN Photo/Manuel Elías

UNITED NATIONS, Oct 18 2024 (IPS) – When Dr Gamani Corea, a former Secretary-General of the Geneva-based UN Conference on Trade and Development (UNCTAD) was holding court in the delegate’s lounge, I asked him what he thought of the bitter dispute between then Secretary-General (SG) Boutros Boutros-Ghali (1992-1996) and the United States over the Egyptian’s determination to win re-election for a second term.


Dr Corea, a product of two prestigious universities, Oxford and Cambridge, and a one-time Sri Lankan Ambassador to the European Economic Community (EEC) in Brussels, pondered for a while, and declared: “I cannot really figure out why anyone in his right mind would ever want such a demanding job.”

And perhaps he was right.

Trygve Lie of Norway, the first UN Secretary-General, once remarked the SG’s job was “the most impossible job on this earth.”

Still, the post of SG, in contemporary history, has attracted at least three ranking officials from their respective country’s highest political hierarchies: Boutros Boutros-Ghali, acting Foreign Minister of Egypt, Secretary-General Ban ki-moon, a former Foreign Minister of South Korea and the current Secretary-General, Antonio Guterres, a former Prime Minister of Portugal.

The SG, for all intents and purposes, is the UN’s Chief Administrative Officer (CAO) who is virtually subservient to 193 political leaders, including presidents, prime ministers, reigning monarchs, foreign ministers and even UN ambassadors.

But he also has no means of implementing UN resolutions or a standing army to enforce them.

Guterres, who has taken a strong stand against the Russian invasion of Ukraine and publicly condemned the devastating killings of civilians in Gaza has come under fire, mostly from Israeli politicians and senior officials, who have not only called for his resignation but also declared him persona non grata (PNG), banning him from entering Israel.

Ambassador Anwarul K. Chowdhury, a former UN Under-Secretary-General and one-time Permanent Representative of Bangladesh to the United Nations, told IPS the incumbent Secretary-General recently lamented to the media that “Well, it is absolutely true that the Secretary-General of the United Nations has very limited power, and it’s also absolutely true that he has very little capacity to mobilize financial resources. So, no power and no money.”

“That is the reality which every Secretary-General faces and have been aware of”, said Ambassador Chowdhury.

“That is also known generally to the people who follow the United Nations regularly and thoroughly understanding the functional complexity of the world’s largest multilateral apparatus. Why then this reality surfaces and brought to public attention only when the UN leadership fails to carry out the mandated responsibilities?”

This “very limited power”, as worded by SG Guterres, should be highlighted as often as possible to avoid unnecessary and undue expectations of the global community about the UN and its top leadership.

“No Secretary-General has pointed out these limitations as he campaigned for the post and on assuming the office, he said. Current SG Guterres was no exception. He would have been realistic and factual if he had pointed out the limitations – better termed as obstacles – to his leadership as he took office in 2017, and not in 2024 after being in office for nearly eight years.”

Irrespective of the major ongoing wars, the built-in operational weakness and inability of the world’s most important diplomat has always been there, said Ambassador Chowdhury, former Senior Special Adviser to UN General Assembly President (2011-2012) and President of the UN Security Council (2000 and 2001).

Ian G. Williams, President of the Foreign Press Association USA, told IPS it is time for the pandering to stop. Former Israeli Ambassador Gilad Erdan’s shredding of the UN Charter should have been be taken as Israeli abrogation of the Charter, but barring the Secretary General indicates that Israel has no part in the organization, as should banning UNRWA and the threat to confiscate its assets in Jerusalem to build illegal settlements on occupied territory.

The Federal Bureau of Investigation (FBI) got Al Capone for tax evasion – and now is the time for Israel to be squeezed out for its manifest procedural breaches of the UN Charter and Vienna Convention even if the two veto holders cover for it on genocide, said Williams.

“Being declared PNG by Israel has probably saved Antonio Guterres’ reputation, which until now has been dimmed by his relative caution in addressing Israeli depredations. To be attacked by an enemy of mankind and international law is no bad thing”.

But now there should be follow-up, he pointed out.

“The members hip of the United Nations should now be carving away at Israel’s membership prerogatives since, even if states are reluctant to act on the state’s egregious violations of international law, it has now clearly broken the basic rules of international diplomacy.”

“Will it take (Israeli Ambassador) Danny Danon dancing across the General Assembly podium with the SG’s head on a platter to provoke action? asked Williams, a former President of the UN Correspondents Association (UNCA).

Asked about the PNG declaration by Israel, UN Spokesperson Stephane Dujarric said: “We saw this announcement, which we see as a political statement by the Foreign Minister. And just one more attack, so to speak, on UN staff that we’ve seen from the government of Israel.”

“Look, this issue of PNG has been announced by different countries at different times towards a representative. And as we said every time, we do not recognize that the concept of persona non grata applies to UN staff”, he added.

Time and again, said Ambassador Chowdhury, “I have pointed out that “essentially there are four main constraints to the effectiveness of the Secretary-General”.

Firstly, veto and veto-wielding members of the Security Council, which influences matters in all areas of UN system’s work; secondly, promises and commitments made by the Secretary-General as a candidate to secure his election; thirdly, aspiration to get re-elected for a second term from day one of the first term; and, fourthly, the labyrinthine UN bureaucracy.

“We need to revisit the operational credibility of our much-cherished world body. What was needed in 1945 to be enshrined in the UN Charter is to be judged in the light of current realities.”

If the Charter needs to be amended to live up to the challenges of global complexities and paralyzing intergovernmental politicization, let us do that. It is high time to focus on that direction. Blindly treating the words of the Charter as sacrosanct may be self-defeating and irresponsible. The UN could be buried under its own rubble unless we set our house in order now, declared Chowdhury.

“I am often asked, during ‘questions and answers’ segment following my public speaking, if I want to recommend one thing that would make the UN perform better, what would it be. My clear and emphatic answer always has been “Abolish the Veto!” Veto is undemocratic, irrational and against the true spirit of the principle of sovereign equality of the United Nations”.

In an opinion piece in the IPS Journal in March 2022, I wrote that “Believe me, the veto power influences not only the decisions of the Security Council but also all work of the UN, including importantly the choice of the Secretary-General.”

The same opinion piece asserted that “I believe the abolition of veto requires a greater priority attention in the reforms process than the enlargement of the Security Council membership with additional permanent ones. Such permanency is simply undemocratic. I also believe that the veto power is not ‘the cornerstone of the United Nations’ but in reality, its tombstone.”

Abolishing the veto would also release the election of the Secretary-General from the manipulating control of the veto-wielding permanent members of the Security Council.

After choosing nine men successively to be the world’s topmost diplomat, “I strongly believe that it is incumbent on the United Nations to have the sanity and sagacity of electing a woman as the next Secretary-General in 2026 when the incumbent’s successor would be chosen,” he added.

“I would also recommend that in future the Secretary-General would have only one term of seven years, as opposed to current practice of automatically renewing the Secretary-General’s tenure for a second five-year term, without even evaluating his performance,” he noted.

IPS UN Bureau Report

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Empowering Indigenous Communities: A Path to Sustainable and Just Development

Civil Society, Democracy, Featured, Global, Global Governance, Headlines, Human Rights, Indigenous Rights, IPS UN: Inside the Glasshouse, TerraViva United Nations

Opinion

Participants a United Nations event about Indigenous Peoples in 2024. (Photo courtesy Nana Osei Bonsu)

COLUMBUS, Ohio, USA, Oct 17 2024 (IPS) – In a world where the fight for land rights often pits the powerful against the marginalized, Indigenous communities stand as resilient defenders of their ancestral lands.


These communities, rich in culture and tradition, face numerous challenges, from encroachment and exploitation to climate change. Empowering Indigenous communities is not just a matter of justice; it is a crucial step towards sustainable development and environmental stewardship.

The Importance of Land Rights

Land is more than just a physical space for Indigenous peoples; it is the foundation of their identity, culture, and livelihood. The connection to their land is deeply spiritual and integral to their way of life.

However, this connection is under constant threat from various forces, including government policies, corporate interests, and illegal land grabs. Ensuring secure land rights for Indigenous communities is essential for preserving their cultural heritage and promoting social stability.

Challenges Faced by Indigenous Communities

Indigenous communities around the world face myriad challenges. In many regions, they are subjected to forced evictions, violence, and discrimination. The lack of legal recognition of their land rights leaves them vulnerable to exploitation and displacement.

Additionally, climate change disproportionately affects Indigenous peoples, as their livelihoods are closely tied to the natural environment. Rising temperatures, changing weather patterns, and deforestation threaten their traditional ways of life.

Empowerment Through Legal Recognition and Support

One of the most effective ways to empower Indigenous communities is through the legal recognition of their land rights. Governments must enact and enforce laws that protect these rights and provide mechanisms for Indigenous peoples to reclaim their ancestral lands. International bodies, such as the United Nations, play a crucial role in advocating for these rights and holding governments accountable.

Moreover, providing financial and technical support to Indigenous communities can help them manage their lands sustainably. This includes funding for education, healthcare, and infrastructure, as well as training in sustainable agricultural practices and resource management.

Empowering Indigenous women, who often play a central role in community leadership and environmental stewardship, is particularly important.

The Role of Indigenous Knowledge

Indigenous knowledge systems offer valuable insights into sustainable land management and biodiversity conservation. These traditional practices, honed over centuries, are often more effective and sustainable than modern techniques. By integrating Indigenous knowledge with scientific research, we can develop innovative solutions to global environmental challenges.

For example, the practice of controlled burning by Indigenous Australians has been shown to reduce the risk of catastrophic wildfires. Similarly, the agroforestry techniques used by Indigenous communities in the Amazon contribute to biodiversity conservation and carbon sequestration. Recognizing and valuing this knowledge is essential for creating a more sustainable future.

Successful Indigenous-Led Initiatives

1. Indigenous Guardians Programs in Canada:

Indigenous Guardians programs are active in over a quarter of First Nations across Canada. These initiatives involve Indigenous communities in environmental monitoring and conservation efforts.

For example, the Kitigan Zibi Anishinabeg Nagadjitòdjig Guardian Initiative focuses on preserving traditional knowledge, monitoring ecological health, and maintaining culturally significant sites.

2. Inuit Community-Led Development in the Arctic Circle:

The Inuit population in Canada has faced significant challenges, including poverty and limited access to healthcare. Community-led development projects have been crucial in addressing these issues. These initiatives focus on improving housing, healthcare, and economic opportunities while preserving Inuit culture and traditions.

3. Environmental Education in Tamazight in Rural Morocco:

In Morocco, Indigenous communities have initiated environmental education programs in the Tamazight language. These programs aim to raise awareness about environmental issues and promote sustainable practices among rural populations. By integrating traditional knowledge with modern environmental science, these initiatives help protect local ecosystems.

4. Mapuche Traditional Medicine in Chile:

The Mapuche people in Chile have revitalized their traditional medicine practices to provide healthcare to their communities. These initiatives not only preserve cultural heritage but also offer alternative healthcare solutions that are accessible and culturally relevant.

The integration of traditional medicine with modern healthcare systems has improved health outcomes for many Mapuche communities.

5. Sustainable Tourism among Tsaatan Reindeer Herders in Mongolia:

The Tsaatan reindeer herders in Mongolia have developed sustainable tourism initiatives that allow visitors to experience their unique way of life. These projects provide economic benefits to the community while promoting cultural exchange and environmental conservation.

By managing tourism sustainably, the Tsaatan people ensure that their traditions and natural environment are preserved.

6. The Huahi Achama Tutuwaa Royal Family, Indigenous People of Benimasi-Boadi Community, Ghana:

The Huahi Achama Tutuwaa Royal Family, descendants of King Osei Tutu I, the founder of the Ashanti Empire, have been instrumental in preserving their ancestral lands and cultural heritage.

The Benimasi-Boadi community, under the leadership of the Huahi Royal Family, has successfully managed to balance development with conservation. Approximately 60% of their territory is maintained as a nature reserve, encompassing water bodies, natural reserves, and heritage sites. Their efforts in legal advocacy and community-led conservation serve as a model for other Indigenous communities facing similar challenges.

Building Alliances and Solidarity

Empowering Indigenous communities requires building alliances and fostering solidarity among various stakeholders. Non-governmental organizations, civil society groups, and the private sector must work together to support Indigenous rights. This includes advocating for policy changes, raising awareness about Indigenous issues, and providing platforms for Indigenous voices to be heard.

Consumers also have a role to play by supporting ethical and sustainable products that respect Indigenous rights. By making informed choices, we can contribute to the economic empowerment of Indigenous communities and promote fair trade practices.

Empowering Indigenous communities is a moral imperative and a strategic necessity for achieving sustainable development. By securing their land rights, providing support, and valuing their knowledge, we can create a more just and equitable world. Indigenous communities are not just victims of exploitation; they are vital partners in the global effort to protect our planet and build a sustainable future for all.

Nana Osei Bonsu, the founder of Land Rights Defenders Inc., has been a tireless advocate for Indigenous land rights. His organization, established in 2023, has made significant strides in protecting the rights of Indigenous communities, particularly in Ghana. Land Rights Defenders Inc. works to secure land rights, fight judicial corruption, and protect Indigenous Community Conserved Areas (ICCAs).

IPS UN Bureau

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Abortion is a Fundamental Human Rights Issue

Civil Society, Democracy, Featured, Global, Global Governance, Headlines, Human Rights, IPS UN: Inside the Glasshouse, TerraViva United Nations

Opinion

Researchers have found that if abortion care is banned throughout the United States, the number of maternal deaths would rise by 24 percent. This number is even worse for Black women, whose deaths would rise by 39 percent. Credit: The Century Foundation

NEW YORK, Oct 15 2024 (IPS) – The right to abortion is a human rights issue that no government agency, courts, local and state legislators, or anyone else has the right to violate or impede in any shape or form. It is a fundamental right that every woman must be free to exercise with impunity, in consultation with her doctor only, who acts based on his/her professional ethics and responsibility.


The right to abortion, or, as Vice President Harris put it in her debate with Donald Trump, “a woman’s right to make decisions about her own body,” is an unquestionable human right and may be the most critical issue discussed in the 2024 election campaign.

It is a significant issue of bodily autonomy, which extends not only to abortion but to the right of people with disabilities to control what happens to their bodies, the choice to participate in organ donation, and the right to keep medical decisions private.

Moreover, it is a significant issue in healthcare; pregnancy complications such as placental abruption can be life-threatening, and abortion is the only way to save the life of the pregnant woman. Pre-existing health conditions can be severely worsened during pregnancy, even causing death.

It is a women’s rights issue—among the right to vote, the right to free movement, and the right to live free of violence. And yet, during his presidency, Trump hand-selected three Supreme Court justices who would overturn Roe v. Wade and supported states enacting abortion bans with no restrictions, including incest and rape.

The Republicans’ Moral Bankruptcy on Women’s Rights

The Republican Party’s obsession with abortion and, as a consequence, forced pregnancy knows no bounds. Each year, approximately 700 minors in the state of Michigan, for example, must acquire a parent’s consent or a judge’s order to obtain an abortion. In 2022, Michiganders were guaranteed access to abortion under the state’s Constitution – but state law still requires parental consent for people under the age of 18 who seek abortions.

As Bridge Michigan observes, this consent requirement – dating back to 1991 – “forces some young people to face abusive parents and others to go to court to obtain a ‘judicial bypass’ waiver instead.”

A March 36-page ACLU report, In Harm’s Way: How Michigan’s Forced Parental Consent for Abortion Law Hurts Young People, points out that “When a young person does not involve a parent, it is often rooted in concern for their safety and well-being. One healthcare provider said a young client told her, ‘I can’t tell my parents because they will literally beat me, kick me out, and I’ll be on the street.’”

Moreover, many young people do not have access to a parent or legal guardian, which compels them to go through the judicial bypass process, where they face an array of logistical hurdles, “including finding an attorney, scheduling and attending hearings, taking time off school, and securing transportation to and from the court.”

In short, this reactionary and archaic law threatens the health and safety of young people, and it should be immediately repealed in every state where it is enforced to ensure young people’s safety and dignity.

The Horrific Implications of the Abortion Ban

There are many heart-wrenching stories about many young women who sought abortions but ended up dying because of inaccessibility to a normal abortion under the supervision of a doctor. In Georgia, the deaths of Amber Nicole Thurman and Candi Miller have been attributed to the state’s recently overturned abortion ban.

Thurman died of sepsis; she had received an abortion out-of-state but had not fully expelled the fetal tissue, which required a dilation and curettage (D&C) that Georgia had criminalized with few exceptions. Miller similarly did not fully expel the fetal tissue after taking abortion pills and died from a lethal combination of painkillers after suffering in pain for days as her children watched.

According to her family, Miller declined to see a doctor “due to the current legislation on pregnancies and abortions.” The families of Thurman and Miller, as well as many pro-choice advocates, have blamed their deaths on the state’s restrictive bans. And while on September 30, Fulton County Superior Judge Robert C. I. McBurney overturned the state’s heavily restrictive six-week abortion ban, the Supreme Court could issue a stay on the ruling, putting the six-week ban back in place.

According to ProPublica, Georgia’s four Planned Parenthood clinics have since been flooded with calls to schedule appointments, including from women in neighboring states where restrictive bans are still in place. While Republican governor Brian Kemp railed against the ruling, stating “…the will of Georgians and their representatives has been overruled by the personal beliefs of one judge,” the flood of appointments clearly demonstrates that the restrictive law is not the will of the people most affected, but solely of the predominantly chauvinist male lawmakers who will never have to face the decision about their own bodily autonomy.

I firmly stand with the women of Georgia and strongly support the ruling of Judge McBurney, who firmly stated in his ruling, “The Court finds that, until the pregnancy is viable, a woman’s right to make decisions about her body and her health remains private and protected, i.e., remains her business and her business alone.”

Fueling Other Regressive Policies

What is even more troubling is that many politicians and anti-choice activists are using their anti-abortion stance to fuel other regressive policies, such as child marriage. Last year, in a debate in Wyoming over ending child marriage, the state’s Republican Party promoted ‘analysis’ from Capitol Watch for Wyoming Families, which stated, “Marriage is the only institution in Wyoming Statute designed to keep a child’s father and mother living under the same roof and cooperating in the raising of any children that they, together, conceive… Since young men and women may be physically capable of begetting and bearing children before the age of 16, marriage MUST remain open to them for the sake of those children [emphasis added].”

Shameless GOP legislators are more concerned about the home lives of theoretical, future children rather than the living, breathing children who may be pregnant as victims of sexual abuse and whose parents fail them by forcing them into marriages they are not emotionally ready for or may not even want.

As state Rep. Liz Storer (D) stated in 2023, “In Wyoming, you could be married younger than you can legally consent to sex. Think about what that means. A man rapes a child. Is the man charged with rape? Not if the child is forced to marry him.”

And while Wyoming’s bill raising the minimum age to 18 (albeit allowing 16- and 17-year-olds to marry with judicial and parental consent) passed, this despicable and disingenuous argument continues to circulate around the country, which must be combatted at every turn.

It is hard to exaggerate the crucial importance of women’s rights to abortion in this election, not only because women must be free to decide for themselves about their biological needs but also about their freedom and autonomy to live their lives and have families as they see fit and desirable.

Former President Trump and his conspirators in the Senate, House, and state and local legislative bodies are determined to rob women of their freedom. They are doing exactly that: a violation of human rights in every sense of the word, and it must be condemned in the strongest terms.

No woman should ever believe Trump, who is trumpeting his false statements that he will not pass a national abortion ban. Every woman should remember his bigotry and dishonesty in dealing with just about every issue during his first term as president. Should he be reelected, women, who make up 50 percent of the electorate, will be disfranchised and lose their freedom, which is the bedrock of the American constitution.

On the other hand, Kamala Harris was the first vice president in history to visit a Planned Parenthood clinic, has firmly supported reinstating the protections of Roe v. Wade, has talked with the women of this country about this crucial issue, and has been a strong advocate of what women rightfully demand: the freedom to make decisions about one’s own body.

In this presidential election, there is only one option to uphold women’s right to abortion, which is a fundamental human rights issue that has made America proud for more than two centuries. In this pivotal election, only Kamala Harris will protect the sanctity of human rights, of which women’s right to abortion is inseparable.

Dr. Alon Ben-Meir is a retired professor of international relations, most recently at the Center for Global Affairs at NYU. He taught courses on international negotiation and Middle Eastern studies.
alon@alonben-meir.com

IPS UN Bureau

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Stigmatization is the Entry Door for Repression and Violence

Civil Society, Democracy, Featured, Global, Global Governance, Headlines, Human Rights, IPS UN: Inside the Glasshouse, TerraViva United Nations

Opinion

In Lima, Peru, during a 2021 national demonstration by indigenous women movements. Credit: Felipe Caicedo

BOGOTA, Colombia, Oct 15 2024 (IPS) – Information manipulation and misinformation are not new phenomena, but they have taken on exaggerated importance, especially with the massive use of social media.


Hostile and stigmatizing narratives against civil society and civic activism, whether intentional or not, especially when propagated by authorities, create undue restrictions and hinder the exercise of the rights to freedom of peaceful assembly and of association globally, and is contributing to the growing authoritarianism and the closing of civic space.

Different types of unjustified narratives are being used globally to target and silence civil society activists and protests: i) accusations of threat to State security and terrorism, facilitated by broad anti-terrorism laws. ii) labels related to treason to the nation and the national influence, including calling ‘foreign agents’ or ‘agents of foreign influence’ to organizations that receive foreign funding. iii) ‘anti-development’ rhetoric used to target land right defenders and climate justice activism. iv) narratives exploiting discrimination and structural racism, including sexual and gender-based violence, and attacks to associations aiding refugees and migrants; among others.

The problem is that these stories, labels and narratives do not remain solely in the discursive field. Activists subjected to stigmatization, and their families, face intimidation, physical attacks and online harassment.

Branding civil society, movements and activists as “terrorists” or “traitors” has a serious impact on their lives, well-being and economic situation; it silences them and leads to the defunding of associations and their illegal dissolution.

The broad chilling impact created by the stigmatization of civil society and assemblies leads to further severely restricting the ability of people to participate fully in society, exacerbates inequalities, fosters environments of fear and hostility, increases polarization and erodes trust between authorities and the public.

This hostile atmosphere provides fertile ground for the emergence of the anti-rights movements and rhetoric, and erode democracy.

Its impact is especially deeper for individuals and groups that already experience heightened barriers to exercising their freedoms and are subjected to inequality, marginalization, racism, discrimination and violence because of, among other grounds, their gender, race, ethnicity, religion, age and/ or migration status.

Stigmatization is disseminated by a broad set of actors, including political actors, state officials, and non-state actors, often supported with disinformation and smear campaigns, as well as populist rhetoric by authorities and public figures.

I have found a mutually reinforcing cycle of stigmatization, restrictive laws and repression of civil society and activism. Hostile and stigmatizing rhetoric leads to sweeping restrictions, adoption of restrictive laws, including imposition of excessive regulations, burdensome administrative requirements and heavy sanctions and criminalising associations while cutting off their funding.

These measures further fuel stigmatization and empower actors spreading stigmatizing narratives.

Also, stigmatizing narratives, especially when spread by those in power and amplified by the media, has legitimized repression of activists and peaceful assemblies. Whereas the unjustified heavy-handed law enforcement tactics and criminalization of protesters and activists have led to furthering stigmatization and delegitimizing the legitimate goals of the peaceful assembly.

There are several initiatives to respond and counter harmful narratives against activism, CSOs and assemblies. First, countering anti-rights narratives and developing narratives promoting messages to reinvigorate public support for democracy and human rights is crucial. All the initiatives that are changing the narratives based on hate for messages that are supported in hope need to be multiplied.

Hate is a better transmitter of stigmatization that hope.

Also, taking into account that stigmatization is forcing to silence the dissent, it is important to enhance space for dialogue and inclusion, to promote the valuable and legitimate role of civil society sector, and create a safe space for inclusive participation. When there is room for diversity of voices, silencing is more difficult.

Solidarity and building resilience are keys, to support associations targeted with stigmatizing and hateful rhetoric. Also, measuring the existence and impact of harmful narratives, including information about the long-term chilling effect that these have on the exercise of public freedoms and on other human rights allows the public and opinion-makers to have a better understanding and enable more critical debates.

Among other measures, States should ensure official rhetoric respects and supports fundamental freedoms, avoiding to use narratives and political discourse that discourage, vilify and criminalize civil society and the exercise of the right to protest.

Also, States must condemn and address harmful rhetoric, and promoting alternative narratives as well as an environment of public dialogue and inclusion in decision-making.

Fearing and persecuting dissent drives societies away from the rule of law, democracy and human rights, and claims hundreds of lives every year.

Gina Romero is UN Special Rapporteur on the rights to freedom of peaceful assembly and of association.

IPS UN Bureau

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‘The Focus Should Be on Holding Social Media Companies Accountable, Not Punishing Individual Users’

Civil Society, Crime & Justice, Democracy, Featured, Freedom of Expression, Global, Headlines, Press Freedom, TerraViva United Nations

Oct 7 2024 (IPS) –  
CIVICUS discusses the recent Twitter/X ban in Brazil with Iná Jost, lawyer and head of research at InternetLab, an independent Brazilian think tank focused on human rights and digital technologies.


Brazil’s Supreme Court recently upheld a ban on Elon Musk’s social media platform X, formerly Twitter, after it repeatedly refused to comply with orders to moderate content. The court ordered tech companies to remove X from app stores and imposed fines for continued access via VPNs in Brazil. This appeared to cause users to switch to alternatives such as Bluesky and Threads. Musk condemned the ban as an attack on free speech, but has since backed down and complied with the court’s orders. Debate continues over the controversy’s implications for democracy and accountability.

Iná Jost

Why did the Brazilian Supreme Court ban X?

The case began on 7 August when a Supreme Court justice, investigating ‘digital malicious activities’, ordered the blocking of seven X profiles for intimidating law enforcement officers and directly threatening the integrity of the court and democracy in Brazil.

X refused to comply with the order, claiming it violated freedom of expression. The judge then imposed a daily fine for non-compliance, which was subsequently raised and ended up amounting to over US$3 million as Musk continued to refuse to comply. At one point, the justice ordered the freezing of X’s financial assets in Brazil, but they weren’t enough to cover the fines.

After more back and forth, tensions escalated when the judge also froze the bank accounts of satellite internet company Starlink, arguing that both companies were part of the same economic group. This caused some controversy, as Starlink operates in a different sphere and its operations aren’t entirely linked to X.

The turning point came when X closed its headquarters in Brazil. Without a legal representative in the country, the court found it difficult to enforce its orders or impose additional penalties. It then gave X 24 hours to appoint a new representative, which it failed to do. As a result, on 30 August, the court ordered the closure of X.

It is important to mention that the court is not super transparent and the whole procedure was carried out under seal. We are unable to grasp the full picture because the process is closed and not all decisions are made public.

What was the legal basis for the decision to close X?

The Court based its decision on Brazil’s 2014 Civil Framework for the Internet. Under this law, platforms can be blocked for failing to comply with Brazilian laws or court orders. Some confusion arose over the notion that the ban was due to X’s lack of a legal representative in Brazil; however, the shutdown resulted from the company’s repeated refusal to comply with court orders.

Civil society raised concerns about some aspects of the decision. Initially, the order included blocking VPN services to prevent access to X, but this part was later reversed due to cybersecurity risks. Blocking VPNs that serve legitimate purposes would have been disproportionate. The order also proposed a US$9,000 fine for users trying to circumvent the ban, which many felt was excessive. We believe the focus should be on holding the company accountable, not punishing individual users.

Is it possible to strike a balance between regulating online platforms and protecting freedoms?

It is. Regulating platforms isn’t necessarily about censorship. In this case, it’s about ensuring a powerful company operates transparently and protects users. Platforms acting solely in their commercial interests can harm the public interest. Regulation can force them to provide clear terms and conditions and fair content moderation policies and respect due process for content removal.

The belief that any form of regulation threatens freedom of expression is misguided. Thoughtful regulation that allows users to express themselves while protecting them from harm such as hate speech or misinformation can balance the scales.

Musk’s stance in this case is deeply problematic. His selective compliance with court orders undermines the rule of law. While platforms like X are crucial to public communication, that doesn’t give them the right to defy the legal system they operate in. Freedom of expression does not absolve platforms of their legal responsibilities, particularly when those laws protect the integrity of democracy.

Musk’s claim that X represents absolute freedom of expression fails to consider the risks of a platform without proper rules. Without moderation, platforms can become havens for extremist groups, hate speech and disinformation. They should be regulated to ensure they remain a space for lawful discourse.

Do you think this case will set a precedent?

I don’t think so. Some people are worried other platforms could be blocked as well, but I don’t think that will happen. This is a unique scenario, and Brazil is a strong democracy. This wasn’t an act of censorship by the judiciary but a necessary measure given the platform owner’s refusal to comply with court orders.

States should develop regulatory mechanisms that allow them to hold platforms accountable and ensure compliance with national laws. This would avoid the need for outright blocking, which ultimately harms the users the most. While the company might incur some financial losses, journalists and citizens are losing access to a vital information and communication tool.

I hope states that are serious about regulating platforms will see this as an example of what shouldn’t happen. We shouldn’t allow things to escalate to this point. And we certainly shouldn’t use this as a leading case for blocking platforms.

Get in touch with InternetLab through its website or its Instagram and Facebook pages, and follow @internetlabbr on Twitte.

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International Day of Democracy

Civil Society, Democracy, Human Rights, Multimedia, Video

Sep 14 2024 –  
Democracy is as much a process as a goal.

For the ideal of Democracy to be enjoyed by everyone, it requires participation and support.

The international community, national governing bodies, civil society, and individuals – all have a part to play.


By upholding free speech, civil liberties, and the rule of law.

By ensuring institutions are accountable.

By protecting and promoting human rights.

This is especially crucial in a year where more than 50 countries are holding elections.

Half the global population will be casting ballots hoping for a better future.

Yet, these fundamental rights are under attack around the world.

Freedoms are being eroded.

Civic space and civil discourse are diminishing.

Polarization is intensifying and mistrust is growing.

This year’s International Day of Democracy focuses on Artificial Intelligence as a tool for good governance.

Left unchecked, the dangers of AI could have serious implications for democracy, peace and stability.

We have already witnessed the proliferation of misinformation and disinformation.

We are now subjected to the spread of deepfakes – a catalyst for division and hate.

Yet, AI has the potential to promote and enhance full and active public participation, equality, security, and human development.

It can boost education on democratic processes.

It can help shape inclusive civic spaces where people have a say in decisions. And it can hold decision-makers to account.

It is critical to ensure effective governance of AI at all levels – including internationally.

The message is clear: AI must serve humanity equitably and safely.

On this International Day of Democracy, let’s keep working to build a more inclusive, just, and equal world.

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