Latvia: A Vital First Step Towards Marriage Equality

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MONTEVIDEO, Uruguay, Dec 12 2023 (IPS) – Last month the Saeima, Latvia’s parliament, passed a package of eight laws recognising same-sex civil unions and associated rights. The new legislation came in response to a 2020 Constitutional Court ruling that established that same-sex couples have a constitutional right to the benefits and legal protections afforded to married opposite-sex couples.

Equal marriage rights are still a long way away, and civil unions are only a first step in the right direction. But in one of Europe’s most restrictive countries for LGBTQI+ rights, activists view it as a significant shift, achieved after numerous attempts over more than two decades. Anti-rights forces agree, and they’re not going to let it happen quietly. They’ve already responded with an attempt to stop the new law being adopted by campaigning for a referendum.

The breakthrough

The first registered partnership bill was submitted by the National Human Rights Office in 1999 but rejected by parliament’s Human Rights and Public Affairs Committee and never debated. Initiatives accelerated in the mid-2010s but were all rejected – the latest attempts coming in 2020 and 2022.

On 29 October 2020, a popular initiative calling for the passage of a civil union law that had gathered more than 10,000 signatures was voted down by parliament. Campaigners immediately started a new initiative for the ‘legal protection of all families’, which attracted over 23,000 signatures – but that too was rejected by parliament in December 2022.

Following the 2020 parliamentary vote, however, two court rulings catalysed change. In November 2020, the Constitutional Court found the labour law in violation of the constitution because it didn’t provide for parental leave to the non-biological parent in a same-sex relationship.

As the result of a 2006 anti-rights initiative to ban same-sex marriage, the Latvian Constitution defines marriage as a union between a man and a woman. The concept of family, however, isn’t explicitly defined in reference to marriage, and the court understood it more broadly as a stable relationship based on understanding and respect. It concluded that the constitution demanded protection for same-sex partners and gave parliament a deadline of 1 June 2022 to amend the law to provide a way for same-sex couples to register their relationship.

A year later, in December 2021, the Supreme Court ruled that if the deadline was missed, same-sex couples would be allowed to resort to the courts to have their relationship recognised.

Anti-rights backlash

The anti-rights reaction was quick in coming. Two months after the Constitutional Court ruling, parliament introduced a constitutional amendment that went further than ratifying the definition of marriage as being between a man and a woman, defining family as based on marriage.

To comply with the Constitutional Court’s ultimatum, in February 2022 the Ministry of Justice submitted a civil union bill and two months later, despite an attempted boycott to deny a quorum, parliament approved its first reading.

When it became apparent that the court’s deadline would be missed, same-sex couples started petitioning the courts for recognition as family units. The first of dozens of positive rulings was issued on 31 May 2022.

That same day a tight parliamentary vote resulted in the appointment of Latvia’s first out gay president. Momentum was building, and parliament finally passed a law to allow same-sex civil unions on 9 November 2023.

But conservative politicians managed to put the new law on hold as they seek to gather the signatures required to force a referendum that they hope will prevent its entry into force.

A long way to go

Even if it survives the challenge, the new law is no panacea. Ultimately, access to marriage is the only way to ensure LGBTQI+ couples have the same legal rights as heterosexual couples. Recognition of same-sex relationships is a step forward, but still leaves Latvia behind neighbouring Estonia, which legalised same-sex marriage in June.

If upheld, the new legislation will give registered same-sex couples some but not all the rights associated with marriage – they’ll have hospital visitation rights and tax and social security benefits, but not inheritance rights or the right to adopt children.

Beyond the legal sphere, the biggest challenge will come in influencing public attitudes, as signalled by Latvia’s scores on Equaldex’s Equality Index. This ranking combines a legal index that assesses key laws and a public opinion index that measures attitudes towards LGBTQI+ people. Latvia scores far lower for public opinion than for its laws. A 2019 Special Eurobarometer poll found that only 49 per cent of Latvians thought that LGBTQI+ people should have the same rights as heterosexuals.

The message is clear: changing laws and policies won’t be enough – and any legal victories will remain in peril unless social attitudes change.

Latvian LGBTQI+ organisations are fully aware of this, which is why they’ve worked on both fronts for many years. A centrepiece of their work to challenge prejudice is the annual Pride event, which Latvia pioneered for the Baltic region in 2005. As recounted by its organisers, Latvia’s Pride grew from 70 participants who faced 3,000 protesters in 2005 to 5,000 participants at EuroPride 2015, held in Latvia’s capital Riga, and 8,000 in the 2018 Baltic Pride, also held in Riga. Pride was repeatedly banned by Riga City Council, and it invariably faced hostile counter-protesters – but fewer each time, while the number of Pride participants has grown, boosting people’s self-confidence.

Global trends show progress towards the recognition of LGBTQI+ rights to be much stronger than regression. Latvian LGBTQI+ advocates will continue to push forward on both the policy and awareness-raising fronts. They’ll continue working to secure what they’ve already achieved while striving for more. They’re on the right course.

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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Fair taxation for All

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The Global South wants to strengthen the role of the UN in global tax policy. But the North is united in its opposition

 
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BERLIN, Dec 11 2023 (IPS) – Champagne corks popped in New York after the majority voted in favour of a UN tax convention. The clear result paved the way for a stronger role of the United Nations in shaping more inclusive and effective international tax cooperation. This fulfils a decades-long demand by the G77 group and the international civil society.

Public Services International (PSI), the international trade union of public service providers, is also an important champion of fair international tax rules. Its General Secretary, Daniel Bertossa, commented that the UN vote stood as a confirmation of the tireless campaigning work of the trade union movement and its partners and the fact that ‘tax rules that affect us all should involve us all’.

For international tax policy is ultimately a global distribution policy that touches on issues of national sovereignty. As far back as the American Revolution, the slogan ‘no taxation without representation’ was aimed at the British Crown.

However, it’s a shame that the historic vote turned into a battle between the Global South and the Global North. On the online platform X, Kenya’s Permanent Representative to the United Nations commented on the result as the most clear-cut North-South vote he had seen in recent years.

In view of the increasing state of crisis and conflict in international relations, people often talk about the formation of global alliances and the need for partnerships on equal terms. But the refusal to release patents for vaccines during the Covid-19 pandemic, as well as the industrialised countries shrugging their shoulders in the face of the existential threat of the international debt crisis for many middle- and low-income countries, have long since undermined trust in the reliability of such partnerships.

A dangerous signal

The vote on the UN tax convention has become the next crucial test, with a clear result: 125 countries voted for and only 48 against the resolution introduced by the group of African countries to the Second Committee of the General Assembly. Opposing votes came from the US, Canada, Australia, all EU countries and EU accession candidates, as well as Switzerland. With the exception of Norway’s abstention, the Global North voted unanimously against the initiative.

In an open letter prior to the vote, the Independent Commission for the Reform of International Corporate Taxation (ICRICT) had appealed to the EU and the US. In the letter, members of the commission, which is made up of high-ranking economists from the North and South, warned of a ‘dangerous signal’ that ‘blocking the Resolution on Promotion of Inclusive and Effective International Tax Cooperation at the United Nations’ would send.

According to the experts, the suspicion would be that ‘those who most loudly tout the benefits of a rules-based international order don’t actually believe in one.’

Taxes are one of the most important sources for financing public goods and services. In the last 10 years, there has finally been some movement in the discussion about reforming the international tax system. But despite all the talks and negotiations, multinational companies are still able to avoid taxes on a large scale.

Given the ever-increasing concentration of wealth in the hands of a few and the fact that only four per cent of global tax revenue comes from wealth-related taxes, it is obvious who bears the main financial burden of financing – working people and ordinary citizens, not billionaires. Labour is taxed, not wealth and financial assets.

The call to make the United Nations the central venue for international tax cooperation is as old as the debate about reforming the international tax system itself. So far, the Organisation for Economic Cooperation and Development (OECD), the club of industrialised countries, has taken a leading role in the reform process of the international tax system. On behalf of the G20, the OECD is developing proposals to curb base erosion and profit shifting (BEPS).

The Group of 77 and civil society organisations such as the Global Alliance for Tax Justice have long called for the United Nations to take a stronger role in shaping an international tax system aligned with the goals of the sustainable development agenda that will ensure greater international tax justice.

With the slogan ‘if you are not at the table, you are on the menu’, they criticise the fact that developing countries do not have an equal seat at the table in OECD negotiations.

Proponents are expecting the UN tax convention to not only lead to a more inclusive international tax policy but also more transparency in the process, thanks to the greater involvement of civil society. Critics, however, fear a parallel event to existing reform efforts and a dilution of the negotiation successes achieved so far at the OECD.

The need to work together

In the ICRICT Commission’s press release following the vote, former Colombian Finance Minister José Antonio Ocampo struck a conciliatory tone. He called the resolution ‘one step further towards global social justice’ and sees it as a ‘strengthening of institutions, democracy and international stability’. He asks that all ‘learn from all the efforts of the past and build this process not on antagonism but on real cooperation between countries and between global institutions’.

Against the backdrop of the enormous financing challenges of our time, it is crucial that common solutions be quickly found for better international taxation of multinational corporations, without getting lost in institutional disputes. A UN tax convention offers the opportunity to give the negotiation successes of the OECD process a universal basis of legitimacy and also to build on important preparatory work by the United Nations Committee of Experts on international tax matters, such as the framework on double taxation developed by the UN.

The OECD’s Inclusive Framework on BEPS has undoubtedly achieved a historic negotiation success with the agreement on a global minimum tax. The minimum rate is intended to put a stop to international competition between locations for ever-lower taxes.

Nevertheless, from the perspective of the Global South, the rate of 15 per cent is clearly set far too low to achieve the hoped-for positive revenue effects. There is even concern that countries with higher tax rates will have an incentive to adjust them downwards. For this reason, the ICRICT Commission has been long calling for a rate of 22–25 per cent.

Structural injustices, such as the distribution of taxation rights, are hardly addressed in the OECD’s two-pillar approach. Critics see the linking of taxation rights to the registered domicile of the parent company as posing a disadvantage for the countries in which the actual value creation takes place along production networks. Therefore, criticism is being levelled that the OECD-led reform process has little to offer the countries of the Global South, while at the same time preventing them from taking their own initiatives, for example in the taxation of the digital economy.

It is hoped that the United Nations could facilitate a more effective reconciliation of interests, while at the same time placing taxation issues in the larger context of financing the transformation towards a sustainable global development model. Along those lines, preparations for the Fourth International Conference on Financing for Development (FfD4), which will take place in Madrid in 2025, are set to begin in early 2024.

Ten years after the last major conference in Addis Ababa, the FfD4 conference is to provide the much-needed framework to create coherence between the various reform agendas, especially in the areas of taxes, debt and investment.

The demand for the creation of a universal and intergovernmental tax institution under the auspices of the United Nations was already on the agenda in Addis Ababa but was rejected by industrialised countries.

In the final statement of the accompanying Civil Society Forum, more than 600 non-governmental organisations from around the world expressed their disappointment at the lost opportunity. With the new vote on the UN tax convention behind it, the Global South is now in a significantly better negotiating position for FfD4 in Madrid 2025

Sarah Ganter is a political scientist and heads the Globalisation Project of the Global and European Politics Department of the Friedrich-Ebert-Stiftung.

Source: International Politics and Society (IPS) is published by the Global and European Policy Unit of the Friedrich-Ebert-Stiftung, Hiroshimastrasse 28, D-10785 Berlin.

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Climate Justice is the Responsibility of the Wealthier Nations, Says Bangladesh Climate Envoy

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COP28

Five fishers pray for a benevolent sea in Dublar, Bangladesh. Credit: Rodney Dekker/Climate Visuals

Five fishers pray for a benevolent sea in Dublar, Bangladesh. Credit: Rodney Dekker/Climate Visuals

DUBAI, Dec 11 2023 (IPS) – Wealthier nations must deliver the finances so developing countries can adapt—the time for excuses is over, says Saber Hossain Chowdhury, Bangladesh’s Special Envoy for Climate Change in the Prime Minister’s Office.

In a wide-ranging exclusive interview with IPS, Chowdhury said climate change was at the forefront of Bangladesh’s focus, as one in seven people faces displacement due to climate impacts. With this in mind, the country was focused on building resilience and ensuring resources were directed toward the most marginalized.

“The biggest challenge we will have is the melting of the glaciers in the Himalayas because it means flooding in the short term and sea level rise in the long term. We will lose about one-third of our agriculture GDP between now and 2050, and we can lose up to 9 percent of our GDP by 2100,” Chowdhury said.

“For us, it is not just one sector of our economy; it is an existential challenge for Bangladesh.”

Saber Hossain Chowdhury, Special Envoy for Climate Change, Prime Minister’s Office Bangladesh, addresses an event on climate change at Bangladesh pavilion at COP28 in Dubai. Credit: Umar Manzoor Shah/IPS

Saber Hossain Chowdhury, Special Envoy for Climate Change, Prime Minister’s Office Bangladesh, addresses an event on climate change at the Bangladesh Pavilion at COP28 in Dubai. Credit: Umar Manzoor Shah/IPS

Here are edited excerpts from the interview:

IPS: In terms of climate change and the government’s actions, where is Bangladesh?

Chowdhury: Bangladesh is giving most importance to the Global Stocktake because it has two dimensions—one is looking back and the other is looking forward. We all know how bad things are when we look back because we know we are nowhere near where we are supposed to be.

But what do we do with that knowledge? How do we move forward across the board in terms of mitigation, adaptation, funding, loss and damage, and, of course, the global goals? And one of the points we are stressing is the continual interconnectedness between mitigation, adaptation, and loss and damage.

The more effective our mitigation in terms of keeping temperatures in check, the more manageable the adaptation becomes, and the more manageable the adaptation becomes, the lesser the burden that we pass on the loss and damage.  And it is meaningless to talk about adaptation without the context of mitigation. Because of the rise in temperature to 1.5°C (the threshold to which world leaders pledged to try to limit global warming), there will be a certain level of adaptation that you can do, but if the temperatures are close to 3°C, as it is now said the temperature is likely to rise to, then all adaptation will become loss and damage because there are limits to adaptation and there are limits to resilience.

IPS: What are your views on the ongoing COP 28?

Chowdhury: We got off to a great start. The fact that the Loss and Damage Fund was agreed upon on the first day. In terms of context, we only had this in the agenda last year and it was approved and within a year, the funds have started coming in.  That was a huge positive. We know that funds are nowhere near what the needs are. But it is a good start and we are hoping that the same spirit will be seen in other challenges such as mitigation, adaptation, funding, etc.

Also, I believe the presidency has tried to be very inclusive. But at the end of the day, it depends on global solidarity. If members of the conference come together, then we will have the deal we need. Let me say that this COP is a hugely important COP because we don’t have the luxury of tradeoffs.  We have to deliver across the board, and mitigation (to keep to the Paris Agreements) of 1.5°C is an absolute must, and if we go beyond that, I think we have lost the game. To what extent we can mitigate will then determine what our adaptation requirements are. The better we manage adaptation, the lesser the burden will be on loss and damage.  It is a litmus test. Bangladesh being at ground zero for climate change impact, this is a hugely important event for us.

IPS: Bangladesh is often termed a ‘victim of climate change’ across the globe. Why is that?

Chowdhury: One in seven people in Bangladesh will face displacement because of climate change, and that adds up to about 13–14 million people. We have a huge food security problem because we are losing agricultural land due to sea level rise.  The biggest challenge we will have is the melting of the glaciers in the Himalayas, which means flooding in the short term and sea level rise in the long term. We will lose about one-third of our agriculture GDP between now and 2050, and we can lose up to 9 percent of our GDP by 2100. For us, it is not just one sector of our economy; it is an existential challenge for Bangladesh.

IPS: What do you believe is the responsibility of wealthier nations towards Bangladesh?

Chowdhury: Climate justice is all about wealthier nations. They must deliver the finance so that we can adapt; they must rein in the emissions. They need to act as per science and not have any excuses. It is now or never because the window of action is closing very fast. If we don’t get it right in COP 28, whatever we do in subsequent COPs may well be too little, too late. We have to reduce emissions by 43 percent by 2030. We must reduce emissions by 60 percent by 2035, then we can get to net zero. With that, you also must have tripled the amount of renewable energy and doubled your energy efficiency. So, it has to be a package of responses. It is for the wealthier nations to mitigate, to provide funds for loss and damage as well as for adaptation.

IPS: How responsive do you find these developed nations to the climate crisis?

Chowdhury: Responses must be taken at two levels: one is making pledges, and the other is delivering on pledges. There is no point saying we will do this and then, as in the past, not do it. Pledges are the first step, and therefore everybody has to realize that this is the question of global solidarity.  It is not the question of Bangladesh and the developed world. What is happening in Bangladesh today will also happen in those countries that we call developed. Greenland will become greener again because the ice is going to melt. They will also face sea level rise. So it is not the question of “if,” it is the question of when.

IPS: Bangladesh has advanced warning systems for the climate. Please tell us about it.

Chowdhury: We have what we refer to as an ‘early warning system’ If you look at the cyclone that hit Bangladesh in the early 1970s, up to a million people died because of it. But now, when the cyclone hits Bangladesh, the number of deaths is in single digits. The reason for that is that through an early warning system, we can evacuate people to cyclone shelters. That has saved lives, and Bangladesh is a model for that.

Our honorable Prime Minister has this program where we are building cyclone shelters all around the coast of Bangladesh so that people can be evacuated there. We cannot stop a storm or a hurricane from coming, but we can prepare ourselves so that the loss of lives is minimal, and that is what Bangladesh has achieved. Also, the early warning system is very basic, and it is community-based.

IPS: What is Bangladesh doing about the agrarian crisis?

Chowdhury: Bangladesh has a huge success story in terms of food production. From a deficit nation, we are now a surplus nation, but climate change threatens that.  This is something we look at in terms of food security, so all of the advances and progress that we have made over the years are now at risk because climate change is impacting this sector.

IPS: What is the role of NGOs in terms of tackling climate change and offering support to governments?

Chowdhury: NGOs need to have partnerships with governments where they can take those ideas and scale them up. That is the reason that NGOs need to have a very close relationship with the government. The whole issue is not how much money I have spent; it is what impact I have generated through spending that money.

But the message at the end of the day is that whatever money is spent must be spent on those who are most marginalized. So how do we get funds for the people who are most in need? I think that must be an overriding issue. This is a learning process, and we are all on the learning curve. When we go back to Bangladesh, we need to have a brainstorming session with NGOs and CSOs and find out what is working, how we can make their job easier, and how we can make the collaboration a win-win between various ministries, government departments, and NGOs.
IPS UN Bureau Report

 

COP28: Climate Migrants’ Rights, Risk-based Labor Polices Under the Spotlight

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COP28

Workers, some from regions impacted by climate change, joined queues for accreditation outside Expo 2020 in Dubai, where COP28 is being held. Credit: Stella Paul/IPS

Workers, some from regions impacted by climate change, joined queues for accreditation outside Expo 2020 in Dubai, where COP28 is being held. Credit: Stella Paul/IPS

DUBAI, Dec 7 2023 (IPS) – With COP23 underway, researchers and activists are pointing at the plight of climate migrants.

On November 30, a few hours before the COP23 was officially inaugurated, long, serpentine queues could be seen outside Expo 2020, the venue of the COP23. Standing under the blazing sun, besides delegates and media personnel, were hundreds of migrant workers, a majority of whom were from Nepal and the Philippines.

The workers, who would later be working in different service hubs such as food kiosks and cleaning units throughout the COP, were there to get registered and get a badge that would allow them entry inside the blue zone, the high-security area within the COP. Almost all of these workers are unskilled and employed by various contractors. Despite the long hours of standing in the scorching sun, none of them was complaining—some because they have worked in much worse conditions, while others didn’t want to earn their employers’ wrath by expressing any displeasure.

“The company decides where and when we will work, as well as how long. What is there to complain about? Please understand, it’s risky,” whispered Chandra, a worker from Nepal who requested not to reveal his last name. Chandra also wouldn’t reveal his exact address except that he is “from the upper Mustang,” a district in Nepal that has seen large-scale migration of locals following massive water scarcity caused by the drying of natural springs and groundwater sources.

Chandra’s whispered sentences nearly summarize the environment in which thousands of migrants work: exposure to harsh climate conditions, inadequate pay packages, and oftentimes abuse, say human rights advocates who have documented migrants across the Middle East.

Human Rights Watch, the US-based global human rights defender, recently published a study conducted in three climate-vulnerable countries—Nepal, Bangladesh, and Pakistan—that found that migrant workers faced a strong set of labor abuses that included paying high recruitment fees, low and irregular wages, and high exposure to extreme heat. Although the research did not specifically focus on climate migrants, most of the respondents were from places that have witnessed strong climate change impacts, including extreme weather events.

Ironically, their search for a secure livelihood and a better life also made them vulnerable to working in environments that leave them exposed to similar harsh climatic conditions. For example, during the construction of Expo City, the very venue of COP28, migrant workers were seen working in scorching heat that could lead to a plethora of health challenges, including heat stroke and extreme dehydration leading to chronic kidney failure. In fact, HRW’s study found that several migrants had had kidney failure and were on dialysis, which not only cost them their jobs but also pushed them into a financial crisis as they needed to take out loans for medical treatment.

“Our study interviewed 73 current and former UAE-based workers and 42 families of current migrant workers between May and September 2023 from Pakistan, Bangladesh, and Nepal. Ninety-four of these interviewees live in or are from areas already facing the devastating consequences of the climate crisis, with scientific studies linking extreme weather events like floods, cyclones, and the salinization of agricultural lands to climate change. In addition, former and current outdoor workers interviewed were working in jobs like construction, cleaning, agriculture, animal herding, and security and were often exposed to the UAE’s extreme heat, which is also increasing due to climate change,” says Michael Page, Deputy Director in the Middle East and North Africa division at Human Rights Watch.

Climate Migration: A global snapshot

According to the International Organization of Migration (IOM), the implications of the climate crisis on migration are profound and are ever-increasing. IOM cites data produced by the Internal Displacement Monitoring Center that shows in 2022 a total of 31.8 million internal displacements due to weather-related hazards.

The World Bank Groundwell Report also shows that in South Asia, 12.5 million people were displaced by climate disasters in 2022, while the numbers are 7.5 million in Sub-Saharan Africa and 305,000 in the Middle East and North Africa region. The report projects that without immediate and concerted climate and development action, the number could go up to over 216 million by 2050.

According to the Nepal government’s own assessment, the UAE, along with Qatar, remain the most popular work destinations among young Nepalis. Data collected by the country’s Department of Foreign Employment (DoFE), 37,492 young people arrived in the UAE for work between mid-July and mid-October of the current fiscal year alone. This group includes 7,015 women and 30,477 men.

A moment of global recognition

On Friday, Nepal, one of the biggest source countries of unskilled and climate migrants, found a special mention in the speech of UN Secretary General Antonio Guterres at the inaugural ceremony of COP28. “Just days ago, I was on the melting ice of Antarctica. Not long before, I was among the melting glaciers of Nepal. These two spots are far in distance, but united in crisis. Polar ice and glaciers are vanishing before our eyes, causing havoc the world over, from landslides and floods to rising seas,” Guterres said, addressing the global leaders at the opening ceremony.

Soon after, addressing the media, Nepal Prime Minister Pushpa Kamal Dahal said that his country was preparing to establish Nepal’s rights to receive compensation for loss and damage. According to him, Guterres’s speech had drawn the world’s attention to the climate crisis in Nepal, and his government would now push for the much-deserved compensation under the newly operationalized Loss and Damage mechanism.

Maheshwar Dhakal, Joint Secretary, Ministry of Forests and Environment, who is at the COP, says that Nepal has plans to address climate-induced displacement and migrations at their root, but it needs external support and resources.

“Due to climate change and loss of livelihood, our youths are migrating rapidly to other countries. This is also destabilizing the family value system and causing social disorder as youths are separated from their family elders. This is under discussion at the political level. But at the same time, unless and until equal education, opportunities, and a level of salary (available in other countries) are made available, we cannot stop this migration. We have assessed that the total cost to implement our National Action Program (that can address climate displacement) will be USD 50 billion, of which we can only raise USD 2 billion; we need the rest from external sources such as the various funds.”

Nepal senior delegate Maheshwar Dhakal. Credit: Stella Paul/IPS

Nepal senior delegate Maheshwar Dhakal. Credit: Stella Paul/IPS

Need of the hour: a risk-based labor policy

However, experts believe that host countries, particularly the COP presidency UAE, where migrant workers make up 88% of the labor force, can take immediate steps while negotiators develop their respective arguments and strategies to claim compensation for climate refugees and displaced people under the climate finance mechanisms.

One of these is adopting a risk-based labor protection policy.

Currently, the Ministry of Human Resources and Emiratisation (MoHRE) is implementing the ‘Midday Break’ initiative, which broadly means workers should not work outside from 12 to 3 p.m.  Violations of the ban can lead to a fine of Dh5,000 for each worker from non-compliant employers. The maximum fine amount is Dh50,000 when multiple workers are made to work during the banned hours.

However, the policy also allows employers to continue working through midday in areas where it is deemed unfeasible to postpone work until it is completed. These works typically include roofing, manning traffic, containing hazards or repairing damages such as interruptions to water supply or electricity, etc.

These provisions provide escape routes for employers who continue to push migrant workers into unsustainable and risky work conditions. The same ‘loopholes’ also make the labor policies inadequate for protecting migrant workers from harsh weather conditions, says Page of HRW, who thinks adopting a public health risk-based policy would be the right way to ensure migrant workers’ rights.

A risk-based approach would mean that countries, competent authorities, and employers would identify, assess, and understand the public health risks to which the workers are exposed and take the appropriate mitigation measures in accordance with the level of risk. One of these strategies would be to use the wet bulb globe temperature (WBGT) index, which is already in use in nations like Canada.

The wet bulb globe temperature (WBGT) unit considers a number of environmental factors, such as air temperature, humidity, and air movement, which contribute to the perception of hotness by people.

Page thinks that the adoption of the wet bulb globe temperature (WBGT) would be a great way to assess the risks for migrant workers in a place like the UAE because it can cover more risk factors that are usually ignored by employers but are regularly faced by the workers. For example, in some workplace situations, solar load (heat from radiant sources) is also considered in determining the WBGT as the basis of the risk assessment.

“If the UAE really cares about the protection of its migrant workforce, then they should also care about adopting a risk assessment method that is more reflective of local conditions; that will also ensure climate justice for the workers,” Page says.

IPS UN Bureau Report

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Global Civil Society Launches Manifesto for Ethical AI

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NEW DELHI, India, Dec 6 2023 (IPS) – We, a global coalition of over 50 civil society and human rights organizations from over 30 countries have co-developed the “Civil Society Manifesto for Ethical AI”, a groundbreaking initiative aiming to steer AI policies towards safeguarding rights and deconolonising AI discourse. We question, and we are not the only ones: whose voices, ideas and values matter in AI ?

“If Silicon Valley was a country it would probably be the richest in the world. So how genuinely committed is Big Tech and AI to funding and fostering human rights over profits? The barebones truth is that if democracy was profitable, human rights lawyers and defenders including techtivists from civil society organizations wouldn’t be sitting around multistakeholder engagement tables demanding accountability from Big Tech and AI. How invested are they in real social impact centred on rights despite glaring evidence to the contrary?,” asks Nina Sangma, of the Asia Indigenous Peoples Pact, a regional organization founded in 1992 by Indigenous Peoples’ movements with over 40 members across 14 countries in the Asia-Pacific region.

We are currently at a critical juncture where most countries lack a comprehensive AI policy or regulatory framework. The sudden reliance on AI and other digital technologies has introduced new – and often “invisible” – vulnerabilities, and we have just seen the tip of the iceberg, literally melting from the effects of climate change.

Some things we have already seen though: AI is still a product of historical data representing inequities and inequalities. A study analyzing 100+ AI-generated images using Midjourney’s diffusion models revealed consistent biases, including depicting older men for specialized jobs, binary gender representations, featuring urban settings regardless of location, and generating images predominantly reinforcing “ageism, sexism and classism”, with a bias toward a Western perspective.

Data sources continue to be “toxic”. AI tools learn from vast amounts of training data, often consisting of billions of inputs scraped from the internet. This data risks to perpetuate harmful stereotypes and often contains toxic content like pornography, misogyny, violence, and bigotry. Furthermore, researchers found bias in up to 38.6% of ‘facts’ used by AI.

Despite increased awareness, the discourse surrounding AI, like the technology itself, has predominantly been shaped by “Western, whiteness, and wealth”. The discrimination that we see today is the result of a cocktail of “things gone wrong” – ranging from discriminatory hiring practices based on gender and race, to the prevalence of algorithms biases.

“Biases are not a coincidence. Artificial intelligence is a machine that draws conclusions from data based on statistical models, therefore, the first thing it eliminates is variations. And in the social sphere that means not giving visibility to the margins,” declares Judith Membrives i Llorens, head of digital policies at Lafede.cat – Organitzacions per la Justícia Global.

“AI development isn’t the sole concern here. The real issue stems from keeping citizens in the dark, restricting civic freedoms and the prevalence of polarisation and prejudice on several dimensions of our societies. This results in unequal access, prevalent discrimination, and a lack of transparency in technological processes and beyond. Despite acknowledging the potential and power of these technologies, it is clear that many are still excluded and left at the margins due to systemic flaws. Without addressing this, the global development of AI and other emerging technologies won’t be inclusive. Failure to act now and to create spaces of discussion for new visions to emerge, will mean these technologies continue to reflect and exacerbate these disparities,” says Mavalow Christelle Kalhoule, civil society leader in Burkina Faso and across the Sahel region, and Chair of the global civil society network Forus.

The Civil Society Manifesto for Ethical AI asks, what are the potential pitfalls of using current AI systems to inform future decisions, particularly in terms of reinforcing prevailing disparities?

Today, as EU policymakers are expected to close a political agreement for the AI Act, we ask, do international standards for regulating machine learning include the voice of the people? With the Manifesto we explore, challenge, disrupt, and reimagine the underlying assumptions within this discourse but also to broaden the discussion to incorporate communities beyond the traditional “experts.” Nothing about us, without us.

“We want Artificial Intelligence, but created by and for everyone, not only for a few,” adds Judith Membrives i Llorens.

From the “Internet of Cows” to the impact of AI on workers’ rights and on civic space, developed by over 50 civil society organisations, the Manifesto includes 17 case studies on their experiences, visions and stories around AI. With each story, we want to weave a different path to build new visions on AI systems that expand rather than restrict freedoms worldwide.

“The current development of AI is by no means an inevitable path. It is shaped by Big Tech companies because we let them. It is time for the civil society to stand up for their data rights,” says Camilla Lohenoja, of SASK, the workers’ rights organisation of the trade unions of Finland.

“Focusing on ethical and transparent technology also means giving equal attention to the fairness and inclusivity of its design and decision-making processes. The integrity of AI is shaped as much by its development as by its application,” says Hanna Pishchyk of the youth group Digital Grassroots.

Ultimately, the Manifesto aims to trigger a global – and not just sectorial and Western-dominated dialogue – on AI development and application.

Civil society is here not just as a mere token in multistakeholder spaces, we bring forward what others often dismiss, and we actively participate worldwide in shaping a technological future that embraces inclusivity, accountability, and ethical advancements.

Bibbi Abruzzini, Forus and Nina Sangma, Asia Indigenous Peoples Pact (AIPP)

IPS UN Bureau

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The Intergenerational Impact of Nuclear Testing in Polynesian States

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Asia-Pacific, Civil Society, Environment, Global, Headlines, Health, Human Rights, Nuclear Energy – Nuclear Weapons, TerraViva United Nations

Communities affected by nuclear testing, many originating from island nations in the South Pacific, share their experiences at the Nuclear Survivors Forum. Credit: ICAN / Haruka Sakaguchi

UNITED NATIONS, Dec 5 2023 (IPS) – The language used in the Treaty of the Prohibition of Nuclear Weapons (TPNW) is unambiguous on its focus of the grave humanitarian impact of nuclear weapons. The TPNW also recognizes the influence of the public conscience “in the furthering of the principles of humanity as evidenced by the call for total elimination of nuclear weapons”.

This public conscience has been shaped by what we know already of the consequences of nuclear testing. Hiroshima and Nagasaki are the historic reasons to argue for nuclear disarmament. Decades later, the hibakusha – the term used to refer to survivors of the Japanese nuclear bombings – continue to be vocal in their pleas to world leaders to end nuclear weapon proliferation. Beyond Hiroshima and Nagasaki, the experiences in other affected regions – as represented by second- and third- generation survivors – stand as clear reminders of the intergenerational impact of nuclear testing.

While the Second Meeting of State Parties was an opportunity for member states and NGOs to support the Treaty and express solidarity with affected communities, it has been through a side-events hosted by civil society that those affected can directly testify to their own experiences. It has been through holding such events that the narratives built around nuclear survivors can be expanded, be made more inclusive.

On November 30, the International Campaign for Abolishing Nuclear Weapons (ICAN), along with partner organizations such as Peace Boat and Nuclear Age Peace Foundation, convened the Nuclear Survivors Forum. Hosted at the Church Center for the United Nations, the event saw people from communities around the world commiserate over their experiences with nuclear testing and their impact on their homes and communities.

Taraem Taukaro, nuclear survivors forum. Credit: Katsuhiro Asagiri

The forum created a space where views, ideas, and common experiences were shared, especially for communities that “rarely have such opportunities”, according to Taraem Taukaro, a youth delegate who came to the event with the Kiribati government representatives. The Republic of Kiribati has been one of several island nations in the Pacific that were impacted by nuclear tests, notably conducted by British and American military forces in the mid-20th century. The Kiritimari island, which is part of the Republic, was previously the site of multiple nuclear bombing tests between 1956 and 1962.

Taukaro’s mother, who lived through the testing, suffers from health issues which is believed to have been caused by exposure to radiation from the fallout. This exposure also resulted in health complications for the next generation, like with Taukaro’s sister, who was born deaf. It is a challenge for this family to have been impacted this way. One of the direct impacts has been that the indigenous Kiribati people that lived through the tests are afflicted with health problems and have suffered losses in their environment and biodiversity. Their descendants now contend with the same issues.

Bedi Racule, nuclear survivors forum. Credit: Katsuhiro Asagiri

Bedi Racule, an activist with the Pacific Conference of Churches, provided perspective on the impact of nuclear testing on the Marshall Islands and the greater South Pacific region. The US military conducted nuclear tests in the region, notably on Bikini Atoll between 1946 and 1958. As Racule noted, many Pacific communities continue to feel the impact of nuclear testing, which encompass cancer, displacement, and ecological contamination.

“There is a loss of our wellbeing and our quality of life and our connection to land and ancestors and culture,” she said. “…There is a lot of pain and trauma.”

When speaking of the nuclear survivors who attended the forum, she added: “I really feel for this community, and for my people. I also want to highlight their resilience, their strength. Having vulnerability is not weakness. It is strength… I just want to commend all of these people that have stood up now and in the past for a better world that’s free of nuclear weapons. And specifically, have a nuclear-free zone, and the first nuclear-free constitution.”

For young people, there is a greater responsibility to them to educate them on the impact of nuclear testing; to contextualize the history and the way their connection to culture has shifted, including what has been lost.

Racule remarked that during the forum, there was a call from the affected communities to establish an advisory group. “The core of [the TPNW] is the humanitarian response to nuclear weapons, knowing what has happened in the past and seeking justice for that and preventing these experiences from ever being felt again by anyone.”

Taukaro remarked that the international community, including the British government, could do more to provide funding and support for medical resources and environmental clean-up, as part of the compensation towards the affected communities in Kiritimari and its neighboring islands.

Racule expressed a different view. “Among our network of nuclear justice advocates, it is very well-acknowledged that nuclear issues are intrinsically linked to issues of colonization, of self-determination,” she said. “Even our countries in the Pacific that are free and independent and sovereign, they still have trouble voicing their wants… because of geopolitical interests, because of aid donor funding. We also see this development aid as a way to come in and influence what is happening, to take away our freedom not only politically but economically, financially, socially.”

With real life testimonies from survivors and their descendants, the event was a reminder that nuclear disarmament must be effective sooner rather than later to ensure that our future generations can live in peace and pursue decent lives. The public conscience must be respectful and elevate the voices of the indigenous communities who have been disproportionately affected by nuclear testing and live through its fallout, well into the new millennium.

IPS UN Bureau

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