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

Civil Society, Crime & Justice, Featured, Gender, Gender Identity, Gender Violence, Headlines, Human Rights, LGBTQ, Middle East & North Africa, Religion, TerraViva United Nations

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


Sarah Sanbar

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

What led to recent legislative changes criminalising LGBTQI+ people?

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

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

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

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

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

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

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

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

What are the challenges facing Iraqi LGBTQI+ rights organisations?

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

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

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

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

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

What international support do local LGBTQI+ groups need?

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

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

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

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

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

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Haiti: Transitional Administration Faces Stern Test

Civil Society, Crime & Justice, Featured, Gender Violence, Headlines, Human Rights, Latin America & the Caribbean, TerraViva United Nations

Opinion

Credit: Bruna Prado/POOL/AFP via Getty Images

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

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


Upsurge in violence

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

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

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

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

Contested developments

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

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

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

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

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

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

Time to listen

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

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

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

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

Andrew Firmin is CIVICUS Editor-in-Chief, co-director and writer for CIVICUS Lens and co-author of the State of Civil Society Report.

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Civil Society Scores LGBTQI+ Rights Victory in Dominica

Civil Society, Crime & Justice, Featured, Gender Violence, Headlines, Health, Human Rights, Latin America & the Caribbean, LGBTQ, TerraViva United Nations

Opinion

MONTEVIDEO, Uruguay, May 6 2024 (IPS) – On 22 April, Dominica’s High Court struck down two sections of the country’s Sexual Offences Act that criminalised consensual same-sex relations, finding them unconstitutional. This made Dominica the sixth country in the Commonwealth Caribbean – and the fourth in the Eastern Caribbean – to decriminalise same-sex relations through the courts, and the first in 2024.


Similar decisions were made in Antigua and Barbuda, St Kitts and Nevis and Barbados in 2022 – but progress then threatened to stall. Change in Dominica revives the hopes of LGBTQI+ activists in the five remaining English-speaking Caribbean states – Grenada, Guyana, Jamaica, St Lucia and St Vincent and the Grenadines – that still criminalise same-sex relations. Sooner than later, one of will be next. A small island has made a big difference.

Winds of change

The criminalisation of consensual gay sex in the Anglophone Caribbean dates back to the British colonial era. All former British colonies in the region inherited identical criminal laws against homosexuality targeting either LGBTQI+ people in general or gay men in particular. They typically retained them after independence and through subsequent criminal law reforms.

That’s what happened in Dominica, which became independent in 1978. Its 1998 Sexual Offences Act retained criminal provisions dating back to the 1860s. Section 16 of that law made sex between adult men, described as ‘buggery’, punishable with up to 10 years’ imprisonment and possible compulsory psychiatric confinement.

The offence listed in section 14, ‘gross indecency’, was initially punishable by up to five years in jail if committed by two same-sex adults. A 2016 amendment increased the penalty to 12 years.

As in other Caribbean countries with similar provisions, prosecutions for these crimes have been rare in recent decades, and have never resulted in a conviction. But they’ve been effective in stigmatising LGBTQI+ people, legitimising social prejudice and hate speech, enabling violence, including by police, obstructing access to essential social services, particularly healthcare, and denying people the full protection of the law.

Change has begun only in the past decade, but it’s been rapid. Bans on same-sex relations were overturned by the courts in Belize in 2016 and Trinidad and Tobago in 2018. More soon followed.

The legal case

In July 2019, an unnamed gay man identified as ‘BG’ filed a legal case challenging sections 14 and 16 of the Sexual Offences Act. The defendants named in the complaint were the Attorney General, the Bishop of Dominica’s capital Roseau, the Anglican Church and the Methodist Church. The Dominica Association of Evangelical Churches was also listed as an interested party.

The lawsuit was supported by Minority Rights Dominica (MiRiDom), the country’s main LGBTQI+ advocacy group, and three international allies: the Canadian HIV/AIDS Legal Network, the University of Toronto’s International Human Rights Program and Lawyers Without Borders. The law was challenged as discriminatory and an enabler of violence against LGBTQI+ people.

The High Court heard the case in September 2022, and on 22 April 2024, Justice Kimberly Cenac-Phulgence issued a ruling setting out the reasons why sections 14 and 16 violated the applicant’s constitutional rights to liberty, freedom of expression and privacy, and were therefore null and void.

The backlash

LGBTQI+ advocates around the world welcomed the court ruling, as did UNAIDS – the United Nations agency leading the global effort to end HIV/AIDS. But resistance wasn’t long in coming.

Religious institutions, which hold a lot of influence in Dominica, were quick to decry gains in LGBTQI+ rights as losses in moral values. The day after the ruling was announced, Dominica’s Catholic Church published a statement reaffirming its position that sex should only take place within a heterosexual marriage and, while expressing compassion towards LGBTQI+ people, reiterated its belief in the centrality of traditional marriage and family. The Seventh-day Adventists expressed alarm about the potential of the court ruling to lead to same-sex unions and marriages. Some faith leaders voiced outright bigoty, with one prominent figure calling sexual acts between persons of the same sex an ‘abomination’.

The road ahead

Having decriminalised same-sex relations, Dominica is now ranked 116th out of 198 countries on Equaldex’s Equality Index, which rates countries according to their LGBTQI+ friendliness. There’s clearly much work to be done. Outstanding issues include protection against discrimination in employment and housing, marriage equality and adoption rights. LGBTQI+ activists will also continue to push for the recognition of non-binary genders, the legalisation of gender change and the prohibition of conversion therapy.

The Equality Index makes clear that, as in all the Caribbean countries that have recently decriminalised same-sex relations, changes to laws remain far ahead of social attitudes, with considerable public homophobia. As the instant conservative reactions to the court ruling suggest, changing laws and policies isn’t nearly enough. Shifting social attitudes must now be a top priority.

Dominican LGBTQI+ activists know this, which is why they’ve been working to challenge prejudice and foster understanding since long before launching their legal challenge – and why they see the court victory as not the end of a journey but a stepping stone to further change.

The challenge for Dominica’s LGBTQI+ civil society is to replace the vicious circle of legal prohibition, which has reinforced social stigma, with a virtuous one in which legal progress normalises the presence and social acceptance of LGBTQI+ people, which in turn enables effective access to legally enshrined rights.

But they’ll take heart from being part of a broader regional and global trend. While working to ensure rights are realised domestically, they’ll also offer a powerful example that change can result to the circa 64 countries around the world that still criminalise gay sex, including the five holdouts in the Commonwealth Caribbean. More progress will come.

Inés M. Pousadela 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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Lao PDR Lawmakers Meet to Further ICPD25 Programme of Action

Conferences, Development & Aid, Featured, Gender, Gender Violence, Headlines, Population, Sustainable Development Goals

Population

Delegates at the workshop on Harnessing Demographic Dividend through the Roadmap to 2030 for Lao PDR. Credit: APDA

Delegates at the workshop on Harnessing Demographic Dividend through the Roadmap to 2030 for Lao PDR. Credit: APDA

VIENTIANE, Apr 29 2024 (IPS) – A recent workshop of lawmakers heard that targeted interventions would be necessary to meet the International Conference on Population and Development (ICPD), its Programme of Action (PoA), and Lao PDR’s national commitments to ICPD25 at the Nairobi Summit 2019.


The Workshop on Harnessing Demographic Dividend through the Roadmap to 2030 for Lao PDR aimed to equip parliamentarians with the knowledge and strategies necessary to address the critical population and development challenges confronting Lao PDR.

Thoummaly Vongphachanh, MP and Chair of Social and Cultural Affairs Committees, National Assembly, told the workshop in her opening address that collective action was important for tackling population and development challenges.

Edcel Lagman, MP Philippines and acting Chair of AFPPD, addressed the ICPD’s emphasis on individual rights, gender equality, and the correlation between development and women’s empowerment. With this in mind, he urged parliamentarians to enact rights-based policies that promote gender equality and social justice, incorporating population dynamics into development planning.

UNFPA Representative to Lao PDR, Dr Bakhtiyor Kadyrov, reiterated the organization’s commitment to supporting parliamentarians and government initiatives in addressing population and development challenges, emphasizing the importance of inclusive policies and partnerships to ensure no one is left behind.

A representative of DoP/MPI, Kaluna Nanthavongduangsy, provided an overall overview of the ICPD and its POA, along with Lao PDR’s national commitments to ICPD25, at the Nairobi Summit 2019. He said its commitment was based on five pillars.

  • Managing and using demographic benefits and investing in youth.
  • Addressing climate change and its impact on the public sector and social protection.
  • Promoting health and well-being, including rights to sexual and reproductive health.
  • Enhancing the availability and use of demographic information.
  • Strengthening partnerships and mobilizing resources.

Latdavanh Songvilay, Director General of the Macroeconomic Research Institute, Lao Academy of Social and Economic Sciences, outlined various challenges hindering the realization of the demographic dividend in Lao PDR. These challenges may include barriers to education and employment, inadequate healthcare infrastructure, and socio-cultural factors impacting women’s empowerment and reproductive health.

Her presentation offered valuable insights into the complex interplay between demographic changes, socio-economic development, and policy formulation in Lao PDR. By identifying opportunities and addressing challenges, her analysis was crucial for the parliamentarians to make informed decisions and identify targeted interventions that could maximize the benefits of the demographic transition.

The Lao’s Family Welfare Promotion Association’s Executive Director, Dr Souphon Sayavong, emphasized the importance of comprehensive approaches that combine legal frameworks, law enforcement, survivor support services, and community engagement to combat SGBV effectively.

He also noted that harmful practices, such as child marriage and other forms of gender-based violence, needed targeted interventions to raise awareness, provide support to survivors, and change social norms that perpetuate harmful practices.

Sayavong also said that there were socio-economic consequences of gender inequality and SGBV, emphasizing their detrimental effects on individual well-being, community development, and national progress.

Dr Mayfong Mayxay, Member of Parliament and Vice-Rector of the University of Health Sciences, Ministry of Health, Lao PDR, said it was crucial to identify and tackle the various problems encountered by young people, including drug addiction, school dropout, early marriage, adolescent pregnancy, and inadequate nutrition during pregnancy.

He said additional issues like substance abuse, smoking, and alcohol consumption needed targeted interventions, including prevention programmes and awareness campaigns. School dropout issues were often socioeconomic, so it was important to find strategies including scholarships, vocational training opportunities, and community-based support systems to ensure that young people can access education and pursue their aspirations.

During his presentation, he highlighted the risks associated with early marriage and adolescent pregnancies, which pose significant health risks for both mothers and children.

Mayxay emphasized the importance of comprehensive sexual education, access to reproductive health services, and legal reforms to address these issues and protect the rights of young girls.

He underscored the importance of promoting maternal and child health, including the need for nutritional education, prenatal care services, and support systems to address malnutrition and its adverse effects on maternal and child health outcomes.

Solutions he suggested involved holistic approaches encompassing education, healthcare, community support, and policy reforms, to empower young people and ensure their health and well-being.

Dr Usmonov Farrukh, interim Executive Director of AFPPD, reiterated AFPPD’s commitment to supporting parliamentarians’ advocacy on population and development in the Asia-Pacific in his closing speech, emphasizing collective action and partnership.

Vongphachanh’s closing remarks summed up the priorities agreed to in the meeting of the 14 National Commitments at the first National Conference on Population and Development, Demographic Change, held in 2023. She said opportunities, challenges, and policy levers to achieve demographic dividends, women’s empowerment and prevention and response to GBV and harmful practices, commitment to their programme of Family Planning 2030, and the health and future of the young population, particularly the resolutions for social issues they are facing such as drug use, school dropout, early marriage, and adolescent pregnancy, were crucial.

Note: This workshop was supported by AFPPD and APDA, the UNFPA, and the Japan Trust Fund.

 

Migration in the Americas: A Dream That Can Turn Deadly

Civil Society, Climate Change, Crime & Justice, Featured, Gender Violence, Headlines, Human Rights, Latin America & the Caribbean, Migration & Refugees, TerraViva United Nations

Opinion

Credit: David Peinado/Anadolu via Getty Images

MONTEVIDEO, Uruguay, Apr 16 2024 (IPS) – The Darién Gap is a stretch of jungle spanning the border between Colombia and Panama, the only missing section of the Pan-American Highway that stretches from Alaska to southern Argentina. For good reason, it used to be considered impenetrable. But in 2023, a record 520,000 people crossed it heading northwards, including many children. Many have lost their lives trying to cross it.


People are also increasingly taking to the seas. A new people trafficking route has opened up across the Caribbean Sea via the Bahamas. Growing numbers of desperate migrants – mostly from conflict-ridden Haiti but also from more distant countries – are using it in an attempt to reach Florida. It’s risky too. In November 2023, at least 30 people died when a boat from Haiti capsized off the Bahamas.

The pattern is clear: as is also the case in Europe, when safer routes are closed off, people start taking riskier ones. Millions of people in Latin American and Caribbean countries are fleeing authoritarianism, insecurity, violence, poverty and climate disasters. Most remain in other countries in the region that typically present fewer challenges to arriving migrants – but also offer limited opportunities. The USA therefore remains a strong migration magnet. Its tightening immigration policies are the key reason people are heading into the jungle and taking to the sea.

Dynamic trends

Out of the staggering 7.7 million Venezuelans who’ve left their country since 2017 – greater than the numbers of displaced Syrians or Ukrainians – almost three million have stayed next door in Colombia, with about 1.5 million in Peru, close to half million in both Brazil and Ecuador, and hundreds of thousands in other countries across the region.

Latin American host countries are relatively welcoming. Unlike in many global north countries, politicians don’t usually stoke xenophobia or vilify migrants for political gain, and states don’t usually reject people at borders or deport them, and instead try to provide paths for legal residence. Overall they’ve been pragmatic enough to strike a balance between openness and orderly entry. As a result, a high proportion of Venezuelan migrants have acquired some form of legal status in host countries.

But host states haven’t planned for long-term integration. They face typical global south challenges, such as high levels of inequality and many unmet social needs. That’s why those moving towards the USA include many Haitians, Nicaraguans and Venezuelans who were already living in other countries. They are mostly driven by the lack of opportunities, although in the case of Haitians language barriers and racial discrimination are also significant motivators.

While the USA has tightened its migration policies, its porous southern border – the longest border between global north and global south – remains inviting for many. In its 2022 fiscal year, US authorities had a record 2.4 million encounters with unauthorised migrants at the border. Many had come a long way, having crossed the Darién Gap and then headed across Central America and Mexico.

Dangerous journeys

People do so at great risk. According to the United Nations’ Missing Migrants Project reported at least 1,275 people died or went missing during migration in the Americas in 2023.

It’s unclear how many people have perished so far in the Darién Gap. In many cases, deaths go unreported and bodies are never recovered. The crossing can take anywhere from three to 15 days. As they cross rivers and mountains, people suffer from the jungle’s harshness and difficult weather.

According to Doctors Without Borders (MSF), much of the danger is because the Darién is one of the world’s most humid regions and doesn’t have any proper infrastructure. People can easily slip and fall on its steep paths or drown in rushing rivers. Hired guides can leave people stranded. Those who can’t keep up can get disoriented and lost. The difficult terrain forces many to leave their supplies along the way, including food and drinking water.

Migrants also often cross paths with local criminal groups that steal from them, kidnap them or commit rape. In December 2023, MSF recorded a seven-fold increase in monthly incidents of sexual violence. But despite the dangers, the number of people crossing in 2023 almost doubled compared to 2022.

The Darién Gap is only the gateway to Central America – the start of a much longer journey. The dangers don’t stop. Many end up staying somewhere in Mexico, but others keep marching northwards and face many hazards trying to reach the USA – drowning , or dying of heat exposure and dehydration in the desert during the day, or of hypothermia at night. Migrants have also died of asphyxiation in botched migrant smuggling operations. They are often blackmailed by smugglers and experience human rights abuses, including lethal violence, from Border Patrol agents.

US policies

Starting in early 2021, the administration of President Joe Biden made several changes to US immigration policies, such as rescinding the travel ban on primarily Muslim-majority and African countries, restoring the Deferred Action for Childhood Arrivals programme and granting Venezuelans living in the USA Temporary Protection Status, among other things.

But it was only in May 2023 that the Biden administration finally lifted Title 42, a public health order that, under the cover of the COVID-19 pandemic, the Trump administration used to immediately expel those caught crossing the border, with no right to apply for asylum. At the same time, however, the government issued several new rules that became known as the ‘asylum ban’. Before showing up at the border, people are now required to make an appointment with a smartphone app or have proof they have previously sought and failed to obtain asylum in the countries they’ve travelled through on their way to the USA. If they don’t comply with these requirements, they’re automatically presumed ineligible for asylum and can be subjected to expedited removal.

Civil society points out that it’s very difficult to get an appointment. The app frequently fails and many migrants don’t have smartphones, adequate wi-fi or a data plan. They face language and education barriers and are exploited by people pretending to help. Barriers to seeking asylum have risen to the point that advocates view them as violating the Refugee Convention’s principle of non-refoulment, according to which people can’t be returned to a country where they face serious threats to their life or freedom.

Election politics

Pressure is intensifying as the USA’s November 2024 presidential election approaches.

Republican governors of southern states such as Texas have made a show of bussing newly arrived migrants to far-off cities run by Democrats, dumping them there with no support, treating them as pawns in a political game. Congress Republicans have also repeatedly delayed backing support to Ukraine unless new border control measures are enacted in return.

In October 2023, Biden announced plans to strengthen the southern border and resume deportation flights to Venezuela, which had been paused. But no one has gone lower than Donald Trump, who recently told a rally that ‘immigrants are poisoning the blood of our country’ – a straightforward use of white supremacist rhetoric. His comments have grown increasingly dehumanising – he has repeatedly referred to migrants as ‘animals’.

In his 2023 State of the Union speech, President Biden responded to Trump directly, stating he refused to ‘demonise immigrants’. But in the same breath he urged Republicans to pass a bipartisan immigration bill they’re currently blocking, which would further tighten asylum rules, expand funding for border operations and give the president authority to empower border officials to summarily deport migrants during spikes in illegal immigration. The bill continues to be rejected by hardcore Republicans who see it as not strict enough.

For migrants and asylum seekers, the prospects look bleak. As far as their rights are concerned, the election campaign is a race to the bottom. A Trump victory could only bring further bad news – but a Biden win is unlikely to promise much progress. Election results aside, people will keep taking to the sea or venturing through the jungle, the barbed wire and the desert. Politicians need to recognise this reality and commit to upholding the human rights of all who strive to find a future in the USA.

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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IPCI 2024: Oslo Commitment Protects Sexual and Reproductive Rights Across All Contexts

Civil Society, Development & Aid, Editors’ Choice, Featured, Gender, Gender Identity, Gender Violence, Global, Headlines, Human Rights, Humanitarian Emergencies, Population, Poverty & SDGs, Sustainable Development Goals, TerraViva United Nations, Women in Politics

Population

Ase Kristin Ask Bakke, MP and Chair of APPG Norway, reads the Oslo Statement of Commitment. Alando Terrelonge, MP, Jamaica, chair of the IPCI Drafting Committee, sits second from left. Credit: Naureen Hossain/IPS

Ase Kristin Ask Bakke, MP and Chair of APPG Norway, reads the Oslo Statement of Commitment. Alando Terrelonge, MP, Jamaica, chair of the IPCI Drafting Committee, sits second from left. Credit: Naureen Hossain/IPS

OSLO, Apr 12 2024 (IPS) – Parliamentarians from 112 countries have adopted the IPCI statement of commitment to protect and promote sexual and reproductive health rights, committing to the principle that “life or death is a political statement.”

As IPCI Oslo drew to a close on Friday, April 12, 2024, parliamentarians adopted a new Statement of Commitment that was “the collective effort of every single delegate,” said Alando Terrelonge, MP from Jamaica and chair of the drafting committee.


Remarking on the drafting process, he remarked, “We have definitely placed people’s rights and their dignity, the whole essence of human rights, at the forefront of our discussion.”

“Human rights really are at the heart of human civilization and sustainable development.”

Terrelonge, along with Ase Kristin Ask Bakke, MP and chair of APPG Norway, presented the statement before the conference in its penultimate session.

In brief, the Oslo Statement calls for parliamentarians to advocate for and promote SRHR across the life course, from birth to old age. It addresses the “rising polarization, conflicts, and fragile environments” that threaten the achievements made in the realization of IPCD’s Programme of Action by mobilizing their efforts and cooperating with relevant stakeholders.

It calls for increased accountability towards governments, the tech and healthcare sectors, and other relevant stakeholders, to respect human rights law. The statement makes a specific note to protect women, adolescents, and other vulnerable, marginalized groups who suffer disproportionately in conflicts and crises.

This statement seems pertinent in the wake of prolonged conflicts in Gaza, South Sudan, and Ukraine. In this light and in a broader context, the statement reaffirms a commitment to uphold international human rights law and humanitarian law in all contexts.

The statement reaffirms and expands on the core issues of the conference: policy and megatrends in demography, technology, and financing.

Technology’s impact on SRHR and political practices was officially codified in the statement, as it calls for governments to recognize the impact of digital technology on people’s lives, and the “immense potential” for the “full realization of the ICPD [Programme of Action].”

It also cautions that governments promote the safe and meaningful participation of women and girls in the digital space.

Financing SRHR programs has also been recognized as a priority, along with urging governments to allocate 10 percent of national development budgets towards the implementation of the Cairo program of action (POA). Furthermore, the statement advocates for following another UN-codified program, the Addis Ababa Action Agenda on Financing for Development, for its framework on long-term investments in development projects.

The participants had also agreed to increase political commitment to the continued implementation of the IPCD POA on parliamentary action for accountability and political commitment. The parliamentarians present pledged to accelerate developments and promote laws that respect international human rights obligations.

All those present enthusiastically applauded the statement’s adoption by consensus. As the conference reached its end and the statement was formally pledged, attendees expressed their support and its relevance to their states.

A delegate from Guatemala noted that while there were several pieces of legislation aimed at SRHR, they were not implemented clearly enough for civilians to know that these laws existed. She added that it was important to bridge the gap between governments and civilians in their understanding and implementation of SRHR policies.

The MP from Peru said parliamentarians needed to return to hold their governments accountable for the setbacks in the SRHR. She added that there needed to be investigations into the factors driving conservative groups to push back against the expansion of SRHR.

A MP from the Mauritiana delegation noted the progress that is achieved through pursuing gender equality: “Any society that does not give a space for women is a society that will suffer, socially and politically.”

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