Chile: New Constitution in the Hands of the Far Right

Posted on May 19, 2023 by admin

Credit: Martín Bernetti/AFP via Getty Images

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

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

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

A long and winding road

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

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

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

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

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

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

Rise of the far right

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

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

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

What to expect

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

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

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

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

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“Defending Human Rights Is a Crime in Some Countries and a Deadly Activity in Others”

Posted on April 27, 2023 by admin

An activist in Colombia, the deadliest country in the world for human rights defenders in 2022, accounting for 186 killings – or 46% – of the global total registered last year. Credit: Sebastian Barros

By Bibbi Abruzzini and Clarisse Sih, Forus
BRUSSELS, Apr 27 2023 (IPS)

In today’s world, human rights defenders face immense challenges, with threats, attacks, and repression being rampant in many countries. According to the latest report by Front Line Defenders, killings of rights defenders increased in 2022, with a total of 401 deaths across 26 different countries. Despite the adoption of the UN Declaration on Human Rights Defenders 25 years ago, the threats faced by defenders persist globally.

One striking example of the dire situation is in Bolivia, where violations of freedoms of expression, association, peaceful assembly, and the right to defend rights have been recorded by the Observatory of Rights Defenders of UNITAS, with the Permanent Assembly of Human Rights of Bolivia (APDHB) being a longstanding victim of attacks and delegitimization. A total of 725 violations of the freedoms of expression, association and peaceful assembly, democratic institutions and the right to defend rights have been recorded by the Observatory of Rights Defenders.

Gladys Sandova, a human rights and environmental defender in the Tariquía Flora and Fauna National Reserve in Bolivia, reveals how the state often aligns with oil businesses instead of protecting communities. “Tariquía is the lung of Tarija,” Gladys explains, yet this vital source of water for southern Bolivia and home to over 3,000 people, is at risk due to the state-owned Yacimientos Petrolíferos Fiscales Bolivianos (YPFB) seeking to revive oil exploration in the reserve.

“Oil companies are here, we are going to lose our natural richness, they are going to affect the lives of families, and contaminate our water and our air,” says Gladys, reflecting the urgent need to defend human rights and the environment.

Her story is similar to that of several other human rights defenders across the globe : they are victims of hostilities, interference, threats, and harassment. The campaign, ReImagina La Defensa de Derechos, by UNITAS collects the testimonies of human rights defenders and indigenous leaders across Bolivia raising awareness about the challenges they face.

Stories from human rights defenders from across the globe are also featured in the #AlternativeNarratives campaign, which seeks to amplify the voices of civil society organizations and grassroots movements that work towards social justice, human rights, and sustainable development. The campaign encourages the use of storytelling, multimedia tools, and creative expression to highlight alternative perspectives, challenge stereotypes, and advocate for positive chang while fostering a more inclusive and equitable narrative space that reflects the diversity of human experiences and promotes solidarity, empathy, and mutual understanding.

Human rights defenders, including women defenders, continue to mobilize against repressive regimes and occupying forces in countries like Afghanistan, the DRC, El Salvador, Iran, Myanmar, Sudan, and Ukraine. Mary Lawlor, UN Special Rapporteur on the situation of human rights defenders, highlights the underreporting of human rights violations against defenders, particularly women, and outlines “disturbing trends” in relation to civic space worldwide.

Repongac, representing over 1,200 NGOs in Central Africa, states that “human rights in Central Africa are no longer guaranteed,” with civil society actors, journalists, and defenders facing repression, prosecution, and arrests. Recent campaigns organized by Repongac in Central Africa and Repaoc in West Africa, supported by Forus and the French Development Agency, brought together diverse stakeholders, including human rights defenders, political parties, parliamentarians, journalists, and security personnel, to initiate a dialogue and protect civic space amnd fundametnal freedoms in the region.

To support activists and defenders globally, the Danish Institute for Human Rights has launched a monitoring tool that assesses whether an enabling environment for human rights defenders exists across five critical areas. Developed in collaboration with 24 institutions and organizations, including the United Nations and civil society networks, the tool not only tracks the number of killings of human rights defenders but also analyzes the presence of appropriate legislation and practices to protect defenders.

As Carol Rask, a representative of the Danish Institute for Human Rights, explains, defending human rights is a crime in some countries and a deadly activity in others. It is a call to action for change, urging individuals, organizations, and governments to prioritize and protect the crucial work of human rights defenders worldwide.

Griselda Sillerico, human rights defender in Bolivia for over 30 years, quotes Ana María Romero and says “human rights are seeds that we continue to plant and that over the years we harvest.” Griselda Sillerico’s quote echoes the enduring spirit of human rights advocacy, where the work of human rights defenders like her is a constant effort to sow the seeds of justice, equality, and dignity for all. Despite the challenges and setbacks, human rights defenders across the world continue to plant these seeds, often at great personal risk, with the hope of reaping a future where human rights are universally respected and protected.

IPS UN Bureau

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Racist Political System Thwarts Candidacy of Mayan Woman in Guatemala

Posted on March 4, 2023 by admin

Thelma Cabrera and Jordán Rodas launch their candidacy for the presidency and vice presidency of Guatemala in December 2022, which has been vetoed by the courts, in a maneuver that has drawn criticism from human rights groups at home and abroad. CREDIT: Twitter

By Edgardo Ayala
SANTA CATARINA PALOPÓ, Guatemala, Mar 4 2023 (IPS)

Centuries of racism and exclusion suffered by indigenous peoples in Guatemala continue to weigh heavily, as demonstrated by the denial of the registration of a political party that is promoting the presidential candidacy of indigenous leader Thelma Cabrera in the upcoming general elections.

On Mar. 2, the Guatemalan Constitutional Court ruled against Cabrera’s party, the leftist Movement for the Liberation of the Peoples (MLP), which had appealed a Feb. 15 Supreme Court resolution that left them out of the Jun. 25 elections.“There is a racist system and structure, and we indigenous people have barely managed to start climbing the steps, but with great difficulty and zero opportunities.” — Silvia Menchú

Cabrera’s candidacy and that of her vice-presidential running-mate Jordán Rodas are now hanging by a thread, with their hopes depending on a few last resort legal challenges.

The deadline for the registration of candidates is Mar. 25.

A centuries-old racist system

Guatemala’s political and economic elites “are looking for ways to keep her (Cabrera) from registering; everyone has the right to participate, but they are blocking her,” Sonia Nimacachi, 31, a native of Santa Catarina Palopó, told IPS. The municipality, which has a Cachiquel Mayan indigenous majority, is in the southwestern Guatemalan department of Sololá.

“We would like a person with our roots and culture to become president, I think it would help our people,” added Nimacachi, standing by her street stall in the center of town.

Nimacachi, a Cachiquel Mayan woman, sells “granizadas” or snow cones: crushed ice sweetened with syrup of various flavors, perfect for hot days.

“There is a racist system and structure, and we indigenous people have barely managed to start climbing the steps, but with great difficulty and zero opportunities,” Silvia Menchú, director of the K’ak’a Na’oj (New Knowledge, in Cachiquel) Association for the Development of Women, told IPS.

The organization, based in Santa Catarina Palopó, carries out human rights programs focused on indigenous women.

Santa Catarina Palopó, a picturesque Cachiquel Mayan town located on the shore of Lake Atitlán in the southwestern Guatemalan department of Sololá, is preparing for the upcoming general elections, where voters will choose a new president, vice president, 160 members of Congress, 20 members of the Central American Parliament, as well as 340 mayors. CREDIT: Edgardo Ayala/IPS

“Racism has prevailed, we are mistreated everywhere by the government and the authorities, we are seen as people with little capacity,” said Menchú, of the Maya Quiché ethnic group.

An alleged illegality attributed to Rodas, the vice-presidential candidate, was the cause for denying the MLP the right to register for the elections.

Analysts and social organizations perceive obscure maneuvering on the part of the powers-that-be, who cannot accept the idea that an indigenous woman is trying to break through the barriers of the country’s rigid, racist political system.

Cabrera is a 51-year-old Mayan Mam woman who is trying for a second time to run in the unequal fight for the presidency of this Central American country of 14.9 million inhabitants.

Of the total population, 43.7 percent identify as indigenous Mayan, Xinca, Garífuna and Afro-descendant peoples, according to the 2018 census.

In the 2019 elections Cabrera came in fourth place, winning 10 percent of the total votes cast.

In the Jun. 25 general elections voters will choose a new president for the period 2024-2028, as well as 160 members of Congress and 20 members of the Central American Parliament, and 340 mayors.

In Guatemala, the ancient Mayan culture was flourishing when the Spanish conquistadors arrived in the 16th century.

The descendants of that pre-Hispanic civilization still speak 24 different autochthonous languages, most of which are Mayan.

Years of exclusion and neglect of indigenous rural populations led Guatemala to a civil war that lasted 36 years (1960-1996) and left some 250,000 dead or disappeared.

The presidential candidacy of Thelma Cabrera, of the Movement for the Liberation of the Peoples (MLP), must be allowed by the Guatemalan authorities, so that the indigenous population is represented in the Jun. 25 elections, says Silvia Menchú, director of the K’ak’a Na’oj (New Knowledge, in Cachiquel) Association for the Development of Women. CREDIT: Edgardo Ayala/IPS

A blatant maneuver

The Supreme Electoral Tribunal’s (TSE) rejection of the MLP arose from a complaint against Rodas, who served between 2017 and 2022 as head of the Office for the Defense of Human Rights.

In that office, Rodas strongly questioned alleged acts of corruption by the current government of Alejandro Giammattei, who took office in January 2020.

The criminal complaint against the vice-presidential candidate was filed on Jan. 6 by the current head of the Office for the Defense of Human Rights, Alejandro Córdoba.

After Cabrera and Rodas attempted to register as candidates, Córdoba said he had “doubts” about some payments allegedly received by his predecessor in the Office for the Defense of Human Rights.

His “doubts” apparently had to do with some alleged illegality on the part of Rodas, but since Córdoba has not described it in detail, his statements have been nothing but a weak half-hearted accusation.

However, that was enough for the Supreme Electoral Tribunal to reject the MLP on Feb. 2, which triggered protests by rural and indigenous people, who blocked roads in at least 12 parts of the country.

According to Guatemalan law, all candidates for popularly elected positions must have a document that attests that they have no pending legal issues.

But analysts have pointed out that this document should only take into account actual legal rulings handed down by courts, and not “doubts” vaguely expressed by some government official.

By vetoing Rodas, the TSE automatically bars his presidential runningmate Cabrera, who may actually be the ultimate target of the maneuver, since she is the one who is trying, once again, to win the votes of the indigenous population.

On Feb. 15, the MLP runningmates filed a provisional injunction with the Supreme Court, so that it would take effect immediately and overrule the TSE’s decision, while the Supreme Court studied and resolved the matter in depth.

But the injunction was rejected, so the MLP appealed the next day to the Constitutional Court, asking it to review the case and order the Supreme Court to admit the provisional injunction, to allow the fight for the registration of Cabrera and Rodas to continue forward.

But the appeal was denied Thursday Mar. 2 by the Constitutional Court.

However, the Supreme Court has not yet issued a final ruling on the injunction, but only a provisional stance. This means that when it is finally issued, if it goes against the MLP, Cabrera and Rodas could once again turn to the Constitutional Court, in a last-ditch effort.

But it seems as if the die is already cast.

In a tweet on Thursday Mar. 2, Rodas wrote: “The constitutional justice system has denied my constitutional right to be elected and denies the population the right to choose freely. We await the Supreme Court ruling on the injunction and the position of the @IACHR (Inter-American Commission on Human Rights). Our fight continues.”

Guatemala’s political and economic elites are determined to block the candidacy of indigenous leader Thelma Cabrera, says Sonia Nimacachi, a Cachiquel Mayan woman selling snowcones in Santa Catarina Palopó, in the country’s southwest. She would vote for Cabrera again, if her candidacy is finally allowed. CREDIT: Edgardo Ayala/IPS

Cabrera’s second attempt

This is Cabrera’s second attempt to run for the presidency. Her first was in the 2019 elections, when she failed to fully capture the indigenous vote.

“I would dare to think that the majority of the indigenous population did not vote for her because of those instilled prejudices: that she is a woman and also indigenous, not a professional, are issues that have nothing to do with the dignity and the quality of a person,” argued Silvia Menchú.

She added that the right-wing parties have been allies of the country’s evangelical churches, through which they keep in submission segments of the indigenous population that end up supporting conservative parties, rather than a candidate who comes from their Mayan culture.

To illustrate, she said that in Santa Catarina Palopó, a town of 6,000 people, there is only one school to cover primary and middle-school education, “but there are about 15 evangelical churches.”

The TSE’s veto of the registration of Cabrera and Rodas puts the credibility of the elections at risk, Human Rights Watch (HRW) and the Washington Office on Latin America (WOLA) warned on Feb. 27.

In a joint statement, the two organizations said the electoral authority’s rejection of aspiring candidates “is based on dubious grounds, puts political rights at risk, and undermines the credibility of the electoral process.”

“The electoral process is taking place in the context of a decline in the rule of law, in which the institutions responsible for overseeing the elections have little independence or credibility,” they stated.

In addition to Cabrera and Rodas, the TSE also rejected the registration of right-wing candidate Roberto Arzú, because he allegedly began campaigning too early.

HRW and Wola added that “efforts to exclude or prosecute opposition candidates create unequal conditions that could prevent free and fair elections from taking place.”

Meanwhile, the TSE did endorse, on Feb. 4, the presidential candidacy of Zury Ríos, daughter of General Efraín Ríos Montt, who governed de facto between 1982 and 1983.

In 2013 the general was found guilty of genocide and crimes against humanity for the massacre of more than 1,400 indigenous Ixil people in the north of the country.

He was sentenced to 80 years in prison, but the Constitutional Court later revoked the ruling. Ríos Montt died in April 2018.

Article 186 of the Guatemalan constitution prohibits people involved in coups d’état, or their relatives, for running for president.

Meanwhile, snowcone vendor Sonia Nimacachi said in the central square of Santa Catarina Palopó that she still held out hope that Cabrera would be able to register as a candidate.

“If they let her participate, I would vote for her again,” she said, while serving a customer.

Struggle in Guatemala Offers Hope for Latin America’s Indigenous People

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Nicaragua: An Opportunity for Democratic Solidarity

Posted on February 22, 2023 by admin

By Inés M. Pousadela
MONTEVIDEO, Uruguay, Feb 22 2023 (IPS)

On 9 February, Nicaragua’s dictator, Daniel Ortega, unexpectedly ordered the release of 222 political prisoners, including several former presidential candidates, opposition party leaders, journalists, priests, diplomats, businesspeople and former government supporters branded as enemies for expressing mild public criticism.

Also released were several members and leaders of civil society organisations (CSOs) and social movements, including student activists and environmental, peasant and Indigenous rights defenders. Some had been arrested on trumped-up charges for taking part in mass protests in 2018 and stuck in prison for more than four years.

But the Ortega regime didn’t simply let them go – it put them on a charter flight to the USA and before their plane had even landed permanently stripped them of their Nicaraguan nationality and their civil and political rights. The government made clear it wasn’t recognising their innocence; it was only commuting their sentences.

The rise of a police state

Ever since being re-elected in a blatantly fraudulent election in November 2021, Ortega has sought to make up for his lack of democratic legitimacy by establishing a police state. The regime effectively outlawed all civil society and independent media, closing more than 3,000 CSOs and 55 media outlets. It subverted the judicial system to falsely accuse, convict and imprison hundreds of critics and intimidate everyone else into compliance.

Political prisoners have been treated with purposeful cruelty, as though they’re enemy hostages – kept in isolation, either in the dark or under permanent bright lighting, given insufficient food and refused medical care, subjected to constant interrogations, denied legal counsel and allowed only irregular visits by family members, if at all. Psychological torture has been a constant, and many have been also subjected to physical torture.

The release of some prisoners hasn’t signalled any improvement in conditions or move towards democracy, as made clear by the treatment experienced by one political prisoner, Catholic bishop Rolando Álvarez, who refused to board the plane to the USA.

In retaliation for his refusal to leave the country, his trial date was brought forward and held immediately, in the absence of any procedural safeguards. It predictably resulted in a 26-year sentence. Álvarez was immediately sent to prison, where he remains alongside dozens of others.

Stripped of citizenship

The constitutional amendment stripping the 222 released political prisoners of their citizenship states that ‘traitors to the homeland shall lose the status of Nicaraguan nationals’ – even though the constitution establishes that no national can be deprived of their nationality.

It was an illegal act on top of another illegal act. No one can be deported from their own country: what the regime called a deportation was a banishment, something against both domestic law and international human rights standards.

On 15 February, the regime doubled down: it stripped 94 more people of their nationality. Those newly declared stateless included prominent political dissidents, civil society activists, journalists and the writers Gioconda Belli and Sergio Ramírez, both of whom had held government positions in the 1980s. Most of the 94 were already living in exile. They were declared ‘fugitives from justice’.

Mixed reactions

By rendering 326 people stateless, the Nicaraguan dictatorship fuelled instant international solidarity. On 10 February, the Spanish government offered the 222 just-released prisoners Spanish citizenship – an offer many are bound to accept. On 17 February, more than 500 writers around the world rallied around Belli and Ramírez and denounced the closure of civic space in Nicaragua.

In Argentina, the Roundtable on Human Rights, Democracy and Society sent an open letter to President Alberto Fernández to request he offer Argentinian nationality to all Nicaraguans stripped of theirs.

But Argentina, alongside most of Latin America, has looked the other way. Its silence suggests that democratic consensus across the region is more fragile and superficial than might be hoped, with willingness to condemn rights violations depending on the ideological leanings of those who carry them out.

Currently all the region’s big democracies – Argentina, Brazil, Chile, Colombia and Mexico – have governments that define themselves as left-wing. But only one of their presidents, Chile’s Gabriel Boric, has consistently criticised Nicaragua’s authoritarian turn. In response to the latest developments he tweeted a personal message of solidarity with those affected, calling Ortega a dictator. The rest have either issued mild official statements or simply remained silent.

Now what?

The Nicaraguan government insisted that releasing the prisoners was its own decision. The fact it was accompanied by further violations of released prisoners’ rights was meant as a demonstration of power.

But the move looks like it was made in the expectation of receiving something in return. The Nicaraguan government has long demanded that US sanctions be lifted; at a time when one of its closest ideological allies, Russia, is unable to provide any significant support, Nicaragua needs the USA more than ever. But the US government has always said the release of political prisoners must be the first step towards negotiations.

Given this, the unilateral surrender of people it considers dangerous conspirators to the state it proclaims is its worst enemy doesn’t seem much like a show of force. And if it isn’t, then it’s a valuable advocacy opportunity. The international community must push for the restoration of civic space and the return of free, fair and competitive elections. The first step should be to support the hundreds who’ve been expelled from their own country, as the future builders of democracy in Nicaragua.

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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Venezuela: The End of Civil Society as We Know It?

Posted on February 16, 2023 by admin

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

Opinion

MONTEVIDEO, Uruguay, Feb 16 2023 (IPS) – In late January, the UN High Commissioner for Human Rights, Volker Türk, finished an official visit to Venezuela. He said he’d found a fragmented society in great need of bridging its divides and encouraged the government to take the lead in listening to civil society concerns and responding to victims of rights violations.

But Venezuelan civil society had hoped for more. Two days before his arrival, the National Assembly, Venezuela’s congress, had approved the first reading of a law aimed at further restricting and criminalising civil society work. International civil society urged the High Commissioner to call for the bill to be shelved. Many found the UN’s response disappointing.

Another turn of the screw

The bill imposes further restrictions on civil society organisations (CSOs). If it becomes law, CSOs will have to hand over lists of members, staff, assets and donors. They’ll be obliged to provide detailed data about their activities, funding sources and use of financial resources – the kind of information that has already been used to persecute and criminalise CSOs and activists. Similar legislation has been used in Nicaragua to shut down hundreds of CSOs and arrest opposition leaders, journalists and human rights defenders.

The law will ban CSOs from conducting ‘political activities’, an expression that lacks clear definition. It could easily be interpreted as prohibiting human rights work and scrutiny of the government. There’s every chance the law will be used against human rights organisations that cooperate with international human rights mechanisms. This would endanger civil society’s efforts to document the human rights situation, which produces vital inputs for the UN’s human rights system and the International Criminal Court, which has an ongoing case against Venezuela.

The law-making process has been shrouded in secrecy: the draft bill wasn’t made publicly available and wasn’t discussed at the National Assembly before being approved. The initiative was immediately denounced as a tool to control, restrict and potentially shut down CSOs and criminally prosecute their leaders and staff. If implemented, it could mean the end of civil society as we know it in Venezuela.

The UN and Venezuela

The previous High Commissioner, Michelle Bachelet, visited Venezuela in September 2019. She was criticised for taking a cautious approach. Moreover, most of the commitments in the agreement the government signed with her were never fulfilled.

Following that visit, the UN Human Rights Council established the Independent International Fact-Finding Mission on the Bolivarian Republic of Venezuela (FFMV), tasked with investigating alleged human rights violations. In September 2022, the FFMV issued a report detailing the involvement of Venezuela’s intelligence agencies in repressing dissent, including by committing human rights violations such as torture and sexual violence.

But intimidation only grew as Türk’s visit approached, with some protest leaders put under surveillance, followed and detained.

Venezuelan CSOs called for a more energetic approach, but Türk followed his predecessor’s footsteps. His visit was characterised by secrecy and brevity, particularly in terms of the time dedicated to engaging with civil society.

Bachelet’s agreement with the government had included the presence of a two-person UN team to monitor the human rights situation and provide assistance and advice. This has now been extended for two years, but the details haven’t been made public.

Civil society activists have continued to work closely with the UN field office and wouldn’t want to risk its presence in the country, so to some extent they understand Türk’s caution in dealing with the Venezuelan government. But they also view his visit as a missed opportunity.

Türk’s statement to the media at the end of his visit was very much focused on the political and economic crises and healing divisions in society, with human rights ‘challenges’ occupying third place on his list of major concerns.

Alerta Venezuela, a Colombia-based human rights group, recognised the references Türk made to ‘new issues’ – such as the need for Venezuela to sign the Escazú Agreement on environmental rights and decriminalise abortion – alongside ongoing human rights violations such as extrajudicial executions, arbitrary arrests and torture. But it criticised crucial omissions and the UN’s apparent willingness to take government data at face value.

On the anti-NGO bill, the High Commissioner said he’d asked the government to take into account his comments but didn’t provide any information about their content, so it isn’t clear whether he advocated for amendments to a law that can only remain deeply flawed or for it to be shelved – which is what civil society wanted him to do.

The Venezuelan government has all along paid only lip service to cooperation with the UN and hasn’t kept its promises. Repression is only going to intensify in the run-up to the presidential election scheduled for 2024. Any strategy that involves trusting the government and hoping it will change its position seems doomed to failure.

High-level human rights advocacy needed

More energetic criticism came from the independent and less politically constrained FFMV, which expressed ‘deep concerns’ about the potential implications of the draft NGO law for civic and democratic space.

That is the stance civil society would like the High Commissioner for Human Rights to have taken. They want the office holder to be a human rights champion standing independent of states and unafraid of causing a stir.

Türk is only five months into his four-year term. Civil society will keep doing its best to engage, in the hope that the UN High Commissioner for Human Rights can become the human rights advocate the world – and Venezuela – need.

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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Pact Protecting Environmentalists Suffers Threats in Mexico

Posted on February 7, 2023 by admin

Active Citizens, Civil Society, Conservation, Editors’ Choice, Environment, Global Governance, Headlines, Human Rights, Indigenous Rights, Latin America & the Caribbean, Regional Categories

Environment

A mining waste deposit in the center of the municipality of Topia, in the northern Mexican state of Durango, threatens the air, water and people’s health. The Escazú Agreement,
In force since 2021, guarantees access to environmental information and justice in Latin American countries, as well as public participation in decision-making on these issues. CREDIT: Emilio Godoy/IPS

MEXICO CITY, Feb 7 2023 (IPS) – In the municipality of Papantla, in the southeastern Mexican state of Veracruz, the non-governmental Regional Coordinator of Solidarity Action in Defense of the Huasteca-Totonacapan Territory (Corason) works with local communities on empowering organizations, advocacy capacity in policies and litigation strategies.

“This participation with organizations that work at the national level and have the capacity to influence not only the legal field is important,” Corason coordinator Alejandra Jiménez told IPS from Papantla. “They are able to bring injunctions, and this is how they have managed to block mining projects, for example.”

“Up to now, the Escazú Agreement is dead letter, that is the history of many laws in Mexico. Environmentalists have clearly suffered from violence, and let’s not even mention access to information, where there have even been setbacks.” — Alejandra Jiménez

She was referring to the collaboration between locally-based civil society organizations and others of national scope.

Since its creation in 2015, Corason has supported local organizations in their fight against the extraction of shale gas through hydraulic fracturing or fracking, a highly polluting technique that uses large volumes of water and chemicals, in Veracruz and Puebla, as well as mining and hydroelectric plants in Puebla.

Cases like this abound in Mexico, as they do throughout Latin America, a particularly dangerous region for environmentalists.

Activists agreed on the challenges involved in enforcing the Regional Agreement on Access to Information, Public Participation and Justice in Environmental Matters in Latin America and the Caribbean, known as the Escazú Agreement, seen as a tool to mitigate dangers faced by human rights defenders in environmental matters.

A case that has been in the hands of Mexico’s Supreme Court since August 2021 is currently addressing the power of organizations to express their disagreement with environmental decisions and will outline the future of environmental activism in this Latin American country of some 130 million people, and of the enforcement of the Escazú Agreement.

The origin of the case lies in two opposing rulings by Mexican courts in 2019 and 2020, in which one recognized the power of organizations and the other rejected that power. As a result, the case went to the Supreme Court, which must reach a decision to settle the contradiction.

In August 2022 and again on Jan. 25 this year, the Supreme Court postponed its own verdict, which poses a legal threat to the megaprojects promoted by the government of President Andrés Manuel López Obrador, a staunch defender of the country’s oil industry.

Gustavo Ampugnani, general director of Greenpeace Mexico, said the case was an alert to the Escazú Agreement, and that it should not represent a setback for the defense of the environment.

“The significance lies in the risks involved in a wrong decision by the Supreme Court on how to resolve this existing contradiction. If the Court decides that the legal creation of an environmental organization is not enough and that other elements are required, it would limit citizen participation and access to justice,” he told IPS.

Environmentalists are waiting for their Godot in the form of the novel agreement, to which Brazil and Costa Rica do not yet belong, to improve their protection.

The treaty, in force since April 2021 and which takes its name from the Costa Rican city where it was signed, guarantees access to environmental information and justice, as well as public participation in environmental decision-making. It thus protects environmentalists and defenders of local land.

Mexico’s foreign ministry, which represented this country in negotiating the agreement, has identified a legislative route to reform laws that make its application possible and promote the integration of a multisectoral group with that same purpose.

Escazú has been undermined in Mexico by López Obrador’s constant attacks against defenders of the environment, whom he calls “pseudo-environmentalists” and “conservatives” for criticizing his policies, which they describe as anti-environmental and extractivist.

For this reason, a group of organizations and activists requested in a letter to the foreign ministry, released on Feb. 2, details of the progress in the creation of inter-institutional roundtables, selection of indicators, creation of protection mechanisms, and training of officials, including courts, while demanding transparency, inclusion and equity in the process.

Activists from the southern Mexican state of Puebla protest the activities of a water bottling company, on Apr.19, 2021. Environmentalists face serious threats in Mexico, where the Escazú Agreement, which since 2021 provides guarantees to these activists in Latin American countries, has not been applied. CREDIT: Emilio Godoy/IPS

High risk

In 2021, there were 200 murders of environmentalists around the world, a slight decrease from 227 the previous year, according to a report by the London-based non-governmental organization Global Witness.

Latin America led these crimes, accounting for 157 of the killings, with a slight decline from 165 the previous year. Mexico topped the list with 54 murders, compared to 30 in 2020. Colombia ranked second despite the drop in cases: 33, down from 65 in 2020, followed by Brazil (26 vs. 20), Honduras (eight vs. 17) and Nicaragua (13 vs. 12).

The attacks targeted people involved in opposition to logging, mining, large-scale agribusiness and dams, and more than 40 percent of the victims were indigenous people.

In Mexico there are currently some 600 ongoing environmental conflicts without a solution from the government, according to estimates by the Ministry of Environment and Natural Resources.

The most recent case was the Jan. 15 disappearance of lawyer Ricardo Lagunes and indigenous activist Antonio Díaz, an opponent of mining in the western state of Michoacán, which the United Nations High Commissioner for Human Rights has demanded be urgently clarified.

One year after it came into force, the Escazú Agreement is facing major challenges, especially in countries such as Brazil, Colombia, Guatemala, Honduras, Mexico and Nicaragua, where environmentalists face particular risks.

Olimpia Castillo, coordinator of the non-governmental organization Communication and Environmental Education, said the context sends out a warning.

“It is a very interesting round, because article 10 (of the agreement) refers to highlighting the participation of the organizations. That article could be violated, which would mean a major limitation. These are things that as a country we are going to have to face up to,” the activist, who participated in the negotiation of the agreement as a representative of civil society, told IPS.

In Mexico, compliance with the agreement has already faced hurdles, such as the November 2021 decree by which López Obrador declared his megaprojects “priority works for national security”, thus guaranteeing provisional permits, in contravention of the treaty.

Dispute resolution

Activists are already planning what to do if the Supreme Court hands down a negative verdict: they will turn to the Escazú Agreement dispute resolution mechanism – although the signatory countries have not actually designed it yet.

“We would consider turning to the treaty to resolve the issue. Environmental activism is highly dangerous. But that should not set aside the right of organizations to intervene in decisions. Activists and organizations must be given tools to use regional agreements, because what is happening in the country is very serious,” said Greenpeace’s Ampugnani.

Castillo’s organization is working to raise awareness about the agreement. “If no one knows it exists and that they are obliged to comply with it, how do we make them do it? There are still informative processes in which an application has not yet received a response. We have to demand compliance. There are conditions to apply the agreement. But we need political will to comply with it and to get the word out about it,” she said.

Corason’s Jiménez questioned whether the treaty was up-to-date. “Up to now, the Escazú Agreement is dead letter, that is the history of many laws in Mexico. Environmentalists have clearly suffered from violence, and let’s not even mention access to information, where there have even been setbacks. There is an environment that hinders progress,” she said.

In her view, it is not in the interest of governments to apply the agreement, because it requires participation, information and protection in environmental issues.

In March 2022, the first meeting of the Conference of the Parties to the Escazú Agreement took place, which focused on its operational issues and other aspects that the countries will have to hash out before the next summit is held in 2024.

The Supreme Court, which has not yet set a date for handing down its ruling, is caught between going against the government if it favors environmental organizations or hindering respect for the agreement. For now, the treaty is as far from land as Mexico City is from Escazú: about 1,925 kilometers.

Source

Malawi Diaspora

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