Climate Summit in Closed Civic Space — Global Issues

  • Opinion by Andrew Firmin (london)
  • Inter Press Service

In short, there’s a lot at stake as the world heads into its next climate summit.

But there’s a big problem: COP28, the latest in the annual series of conferences of parties (COP) to the UN Framework Convention on Climate Change, will be held in the United Arab Emirates (UAE). This is a country with closed civic space, where dissent is criminalised and activists are routinely detained. It’s also a fossil fuel power bent on continuing extraction.

At multilateral summits where climate change decisions are made, it’s vital that civil society is able to mobilise to demand greater ambition, hold states and fossil fuel companies and financiers to account and ensure the views of people most affected by climate change are heard. But that can’t happen in conditions of closed civic space.

Concerning signs

In September, the UAE was added to the CIVICUS Monitor Watchlist, which highlights countries experiencing significant declines in respect for civic freedoms. Civic space in the UAE has long been closed: no dissent against the government or advocacy for human rights is allowed, and those who try to speak out risk criminalisation. In 2022, a Cybercrime Law introduced even stronger restrictions on online expression.

There’s widespread torture in jails and detention centres and at least 58 prisoners of conscience have been held in prison despite having completed their sentences. Many of them were part of a group known as the UAE 94, jailed for the crime of calling for democracy. Among the ranks of those incarcerated is Ahmed Mansoor, sentenced to 10 years in jail in 2018 for his work documenting the human rights situation, and held in solitary confinement for over five years and counting.

Ahead of COP28, civil society has worked to highlight the absurdity of holding such a vital summit in closed civic space conditions. Domestic civil society is unable to influence COP28 and its preparatory process, and it’s hard to see how civil society, both domestic and international, will be able to express itself freely during the summit.

Civil society is demanding that the UAE government demonstrate that it’s prepared to respect human rights, including by releasing political prisoners – something it’s so far failed to budge on.

An ominous sign came when the UAE hosted a climate and health summit in April. Participants were reportedly instructed not to criticise the government, corporations, individuals or Islam, and not to protest while in the UAE.

Civic space restrictions aren’t the only indication the UAE isn’t taking COP28 seriously. The president of the summit, Sultan Ahmed Al Jaber, also happens to be head of the state’s fossil fuel corporation ADNOC, the world’s 11th-biggest oil and gas producer. It’s like putting an arms manufacturer in charge of peace talks. Multiple other ADNOC staff members have roles in the summit. ADNOC is currently talking up its investments in renewable energies, all while planning one of the biggest expansions of oil and gas extraction of any fossil fuel corporation.

Instead of real action, all the signs are that the regime is instrumentalising its hosting of COP28 to try to launder its reputation, as indicated by its hiring of expensive international lobbying firms. An array of fake social media accounts were created to praise the UAE as host and defend it from criticism. A leaked list of key COP28 talking points prepared by the host made no mention of fossil fuels.

A summit that should be about tackling the climate crisis – and quickly – is instead being used to greenwash the image of the host government – something easiest achieved if civil society is kept at arm’s length.

Fossil fuel lobby to the fore

With civil society excluded, the voices of those actively standing in the way of climate action will continue to dominate negotiations. That’s what happened at COP27, also held in the closed civic space of Egypt, where 636 fossil fuel lobbyists took part – and left happy. Like every summit before it, its final statement made no commitment to reduce oil and gas use.

The only way to change this is to open the doors to civil society. Civil society has consistently sounded the alarm and raised public awareness of the need for climate action. It’s the source of practical solutions to cut emissions and adapt to climate impacts. It urges more ambitious commitments and more funding, including for the loss and damage caused by climate change. It defends communities against environmentally destructive impacts, resists extraction and promotes sustainability. It pressures states and the private sector to stop approving and financing further extraction and to transition more urgently to more renewable energies and more sustainable practices. These are the voices that must be heard if the cycle of runaway climate change is to be stopped.

COPs should be held in countries that offer an enabling civic space that allows strong domestic mobilisation, and summit hosts should be expected to abide by high standards when it comes to domestic and international access and participation. That should be part of the deal hosts make in return for the global prestige that comes with hosting high-level events. Civil society’s exclusion mustn’t be allowed to happen again.

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


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Political Volatility under Cost-of-Living Crisis — Global Issues

Credit: Fiona Goodall/Getty Images
  • Opinion by Andrew Firmin (london)
  • Inter Press Service

Jacindamania fades

Former Labour leader Jacinda Ardern captured the public imagination when she took the helm of her party in August 2017. Labour had been floundering but went on to gain seats at the election the following month, unexpectedly forming a coalition government.

Aged 37, Ardern was her country’s youngest-ever prime minister by some margin, and the world’s youngest female government leader. Many saw her as a breath of fresh air, offering an approachable and empathetic brand of politics. Ardern enjoyed an international profile unprecedented for a New Zealand prime minister.

The 2020 election saw Ardern and her party rewarded for what was widely seen as an effective pandemic response, credited with saving around 20,000 lives. The opportunity seemed on to pursue an ambitious agenda. The government could point to progress in decriminalising abortion, tightening gun control laws and introducing stronger workplace rights. But many saw the government as having an overcrowded legislative agenda, failing to make headway on headline policies such as child poverty, while voters increasingly became preoccupied with high inflation.

Ardern announced her resignation in January 2023. Her popularity and that of her party had declined amid the soaring cost of living, which some blamed on long pandemic lockdowns.

Ardern had been the target of a bombardment of online abuse, much of it vilely misogynist in nature. Last year New Zealand police reported that threats against Ardern had almost tripled over two years, as anti-vaccine disinformation and conspiracy theories accumulated extremist adherents. In 2022, anti-vaccine protesters camped for weeks outside parliament. The protests, which ended in violence, were a magnet for far-right extremists. Levels of vitriol previously unseen in New Zealand were again present during the election campaign, in which women and M?ori candidates in particular were subjected to intimidation and instances of violence.

Ardern’s replacement as prime minister, Chris Hipkins, promised to focus on bread-and-butter issues. He cut many progressive policies and pitched squarely for the centre. But his strategy failed. Labour was the only major party to shed votes. It lost support to the centre-right National Party – New Zealand’s other party of government – along with the right-wing Act and the nationalist and populist NZ First. But it also shed more progressive voters, with the Green party and Te P?ti M?ori, which advocates for Indigenous rights, picking up support.

Fractious coalition ahead

Quite what government will form isn’t yet clear. Results are provisional and won’t be finalised until 3 November, with over half a million ‘special votes’ still to be counted – many from New Zealanders living overseas. Due to the death of a candidate a by-election will also be held.

The National party has 50 seats in the 121-seat single-chamber parliament; the workings of the electoral system mean parliament will expand to 122 seats once all votes are counted. This total means it’s clear the National party will head a coalition government, with Christopher Luxon as prime minister. But a National-Act alliance might not be enough to command a majority. NZ First may need to be part of the coalition too.

NZ First is the creation of maverick opportunist Winston Peters. Over the course of a long career, Peters has pulled off the trick of positioning as anti-establishment while working with both main parties in coalition governments, including Ardern’s first administration, and serving as deputy prime minister twice. This time he was able to capitalise on anti-government sentiment developed under the pandemic, including by opposing vaccine mandates.

Among his campaign targets were M?ori rights, with Peters – himself M?ori – pledging to withdraw support for the United Nations Declaration on the Rights of Indigenous Peoples. Another focus was trans rights, tapping into the same currents of manufactured outrage seen in Europe and North America, with a law proposed to restrict access to toilets for transgender people.

The numbers may mean that the National party finds it easier to govern with Peters than without, even though the three parties disagree on key policies, including on the economy and housing. It could be a rocky road ahead.

Advances reversed?

For New Zealand’s civil society, the question could now become how best to defend gains made and keep on the agenda vital issues such as climate change. The climate crisis was barely mentioned during the campaign even though the country is experiencing extreme weather along with the rest of Oceania. Hipkins scrapped a series of transport reforms intended to cut greenhouse gas emissions. Act, certain to be part of government, wants to get rid of New Zealand’s Climate Change Commission and Zero Carbon Act, which mandates an emissions reduction plan and cap.

The last government’s experiments in ‘co-governance’ – essentially collaborative management, mostly of environmental resources, between government and M?ori representatives, based in New Zealand’s foundational Treaty of Waitangi – seem sure to end. All parties likely to be involved in the new government attacked these moves with a flurry of hyperbolic claims. Act and NZ First characterise efforts to challenge the exclusion of M?ori people as privileging them over other population groups. The danger is that those strongly opposed to M?ori rights will feel emboldened, signalling increasing division and polarisation ahead.

New Zealand offers a lesson on the political consequences of the impacts of the pandemic and the cost-of-living crisis intensified by Russia’s war on Ukraine. In just three years, overwhelming political support evaporated. Progress may be temporary and subject to rapid reversal. Civil society must be able to switch strategies just as quickly, from advocating for more to defending gains already made.

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

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What Now for Civil Society? — Global Issues

Credit: Mohamed Afrah/AFP via Getty Images
  • Opinion by Andrew Firmin (london)
  • Inter Press Service

Big beasts battle for influence

If the two candidates seemed similar in their attitudes towards civil society, they stood on opposite sides of a geopolitical divide. In recent years Maldives, a chain of small Indian Ocean islands with a population of around half a million, has become a major site of contestation in the battle for supremacy between China and India. The location is seen as strategic, not least for control of shipping routes, vital for the transport of oil from the Gulf to China.

Civic space under pressure

Solih quickly conceded defeat and thanked voters for playing their part in a democratic and peaceful process. It’s far from rare for incumbents to lose in Maldives: there’s been a change at every election since the first multiparty vote in 2008. But there are concerns that Muizzu will follow the same course as former president Abdulla Yameen, leader of his party, the People’s National Congress.

Yameen, in office from 2013 to 2018, wanted to run again, but the Supreme Court barred him because he’s serving an 11-year jail sentence for corruption and money-laundering. Critics question the extent to which Muizzu will be his own person or a proxy for Yameen. Perhaps there’s a clue in the fact that Yameen has already been moved from jail to house arrest on Muizzu’s request.

The question matters because the human rights situation sharply deteriorated under Yameen’s presidency. The 2018 election was preceded by the declaration of a state of emergency enabling a crackdown on civil society, the media, the judiciary and the political opposition. Judges and politicians were jailed. Protests were routinely banned and violently dispersed. Independent media websites were blocked and journalists subjected to physical attacks.

Ultimately, Yameen was roundly defeated by a united opposition who capitalised on widespread alarm at the state of human rights. Some positive developments followed, including repeal of a criminal defamation law. But many challenges for civil society remained and hopes of significant progress were largely disappointed.

A restrictive protest law stayed in effect and parliament rejected changing it in 2020. Police violence towards protesters continued, as did impunity. Civil society groups were still smeared and vilified if they criticised the government. Activists have been subjected to smears, harassment, threats and violence from hardline conservative religious groups. Women’s rights activists have been particularly targeted.

In 2019, a prominent civil society organisation, the Maldivian Democracy Group, was deregistered and had its funds seized following pressure from religious groups after it published a report on violent extremism. It now operates from exile.

Ahead of the presidential election, Solih faced accusations of irregularities in his party’s primary vote, in which he defeated former president Mohamed Nasheed. The Electoral Commission was accused of making it harder for rival parties to stand, including the Democrats, a breakaway party Naheed formed after the primary vote. The ruling party also appeared to be instrumentalising public media and state resources in its favour. Solih’s political alliances with conservative religious parties were in the spotlight, including with the Adhaalath Party, which has taken an increasingly intolerant stance on women’s and LGBTQI+ rights.

Big beasts battle for influence

If the two candidates seemed similar in their attitudes towards civil society, they stood on opposite sides of a geopolitical divide. In recent years Maldives, a chain of small Indian Ocean islands with a population of around half a million, has become a major site of contestation in the battle for supremacy between China and India. The location is seen as strategic, not least for control of shipping routes, vital for the transport of oil from the Gulf to China.

India has historically had close connections with Maldives, something strongly supported by Solih. But Muizzu, like his predecessor Yameen, seems firmly in the China camp. Under Yameen, Maldives was a recipient of Chinese support to develop infrastructure under its Belt and Road Initiative, epitomised in the 1.4 km China-Maldives Friendship Bridge.

India has come to be a big issue in Maldivian politics. Under Solih, India established a small military presence in Maldives, mostly involved in providing air support for medical evacuations from isolated islands. But the development of a new India-funded harbour prompted accusations that the government was secretly planning to give India’s military a permanent base.

This sparked opposition protests calling for the Indian military to be expelled. Protests faced heavy restriction, with many protesters arrested. In 2022, Solih issued a decree deeming the protests a threat to national security and ordering them to stop. This high-handed move only further legitimised protesters’ grievances.

Muizzu’s campaign sought to centre the debate on foreign interference and Maldives’ sovereignty. He used his victory rally to reiterate his promise that foreign soldiers will be expelled.

In practice, the new administration is likely to mean a change of emphasis rather than an absolute switch. Maldives will still need to trade with both much bigger economies and likely look to play them off against each other, while India will seek to maintain relations, hoping that the political pendulum will swing its way again.

Time to break with the past

International relations were far from the only issue. Economic strife and the high cost of living – a common issue in recent elections around the world – was a major concern. And some people likely switched votes out of unhappiness with Solih’s failure to fulfil his 2018 promises to challenge impunity for killings by extremists and make inroads on corruption, and to open up civic space.

Neither India, where civic freedoms are deteriorating, nor China, which stamps down on all forms of dissent, will have any interest in whether the Maldives government respects the space for civil society. But there’s surely an opportunity here for Muizzu to prove he’ll stand on his own feet by breaking with both the dismal human rights approach of Yameen and the increasingly compromised positions of Solih. He can carve out his own direction by committing to respecting and working with civil society, including by letting it scrutinise and give feedback on the big development decisions he may soon be taking in concert with China.

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

© Inter Press Service (2023) — All Rights ReservedOriginal source: Inter Press Service

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Democracy in the Balance? — Global Issues

Credit: Zohra Bensemra/Reuters via Gallo Images
  • Opinion by Andrew Firmin (london)
  • Inter Press Service

Political conflict

Recent protests have revolved around the populist opposition politician Ousmane Sonko. Sonko came third in the 2019 presidential election and has grown to be the biggest thorn in President Macky Sall’s side. He’s won support from many young people who see the political elite as corrupt, out of touch and unwilling to tackle major social and economic problems such as the country’s high youth unemployment. He’s also been the subject of a recent criminal conviction that his supporters insist is politically motivated.

On 1 June, Sonko was sentenced to two years in jail for ‘corrupting youth’. This resulted from his arrest on rape charges in March 2021. Although he was cleared of the most serious charges – something women’s rights advocates have expressed concern about – his conviction likely makes him ineligible to stand in the next presidential election.

Sonko’s arrest in March 2021 triggered protests in which 14 people died. His conviction set off a second wave of protests. Sonko was arrested again on 28 July on protest-related charges, including insurrection. A few days later, the government dissolved his party, Pastef. It’s the first such ban since Senegal achieved independence in 1960.

All of this gave fresh impetus to Sonko’s supporters, who accuse the government of instrumentalising the judiciary and criminal justice system to stop a credible political threat.

Repressive reaction

The latest wave of protests saw instances of violence, including stone-throwing, tyre burning and looting. The state responded with lethal force. According to civil society estimates, since March 2021 over 30 people have been killed, more than 600 injured and over 700 detained.

In response to the recent protests, the army was deployed in the capital, Dakar. Live ammunition was used and armed people dressed in civilian clothes, evidently embedded with security forces, violently attacked protesters.

Journalists were harassed and arrested while covering protests. Recent years have seen a rise in verbal and physical attacks on journalists, along with legal action to try to silence them. Several journalists were arrested in relation to their reporting on Sonko’s prosecution. Investigative journalist Pape Alé Niang has been jailed three times in less than one year.

The government also limited internet access and TV coverage. TV station Walf TV was suspended over its protest coverage. On 1 June, social media access was restricted and on 4 June mobile internet was shut down for several days. In August, TikTok access was blocked. Restrictions harmed both freedom of expression and livelihoods, since many small traders rely on mobile data for transactions.

Third-term tussle

A major driver of protests and Sonko’s campaign was speculation that Sall might be tempted to seek a third presidential term. The constitution appeared to be clear on the two-term limit, but Sall’s supporters claimed constitutional amendments in 2016 had reset the count. Thousands mobilised in Dakar on 12 May, organised by a coalition of over 170 civil society groups and opposition parties, to demand that Sall respect the two-term limit.

On 3 July, Sall finally announced that he wasn’t running again. But it hasn’t ended suspicion that the ruling Alliance for the Republic (APR) party will go to any lengths stay in power, including using the state’s levers to weaken the opposition.

There’s precedent here: ahead of the Sall’s re-election in 2019, two prominent opposition politicians who might have presented a serious challenge were excluded. In both cases, barely weeks before the election the Constitutional Council ruled them ineligible due to prior convictions on corruption charges that were widely believed to have been politically motivated.

That Sonko and Pastef might have stood a chance in 2024 was suggested by the results of votes in 2022. In local elections, the APR lost control of Dakar and Sonko was elected mayor of Ziguinchor city. And then in parliamentary elections, the APR lost 43 of its 125 seats and Pastef finished second, claiming 56 seats, leaving no party with a majority.

Reputation on the line

Senegal long enjoyed an international reputation for being a relatively stable and democratic country in a region that’s experienced numerous democratic setbacks. With West African countries such as Burkina Faso, Guinea, Mali and now Niger under military control, and others like Togo holding deeply flawed elections, Senegal stood out. It’s held several free elections with changes of power.

The country’s active and youthful civil society and relatively free media have played a huge part in sustaining democracy. When President Abdoulaye Wade sought an unconstitutional third term in 2012, social movements mobilised. The Y’en a marre (‘I’m fed up’) movement got out the youth vote to oust Wade in favour of Sall. Wade himself rode a similar youth wave in 2000. So Sall and his party are surely aware of the power of social movements and the youth vote.

A small step forward was taken recently when parliament voted to allow the two opposition candidates who’d been blocked in 2019 to stand in 2024. But the government needs to do much more to show its commitment to democratic rules.

Upholding protest rights would be a good start. The repeated use of violence and detention of protesters points to a systemic problem. No one has been held to account for killings and other rights violations. It’s high time for accountability.

Media freedoms need to be respected and people detained for exercising their civic freedoms must be released. For Senegal to live up to its reputation, Sall should strive to enter history as the president who kept democracy alive – not the one who buried it.

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

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Nepals Same-Sex Marriage Breakthrough — Global Issues

Credit: Prakash Mathema/AFP via Getty Images
  • Opinion by Andrew Firmin (london)
  • Inter Press Service

Nepal will therefore become the second country in Asia, after Taiwan, to recognise the right of all couples to marry. It’s little surprise that, as in many countries that have achieved marriage equality, it’s civil society that’s making the change happen, having brought the decisive court case.

Civil society’s breakthrough

Each year brings further important steps forward on two crucial fronts: decriminalisation of same-sex relations in the many countries where they’re still criminalised and recognition of marriage equality in countries that have made more progress.

Only last month a landmark was achieved in Estonia, which became the first post-Soviet state to legalise same-sex marriage. Now Nepal should become the 36th country in the world where LGBTQI+ people can marry, and the ninth this decade.

In Nepal, these efforts built on an earlier legal breakthrough, when in 2007 the Supreme Court ruled that the government must take measures to guarantee equal rights and end discrimination against LGBTQI+ people. This too was the result of a legal petition filed by several LGBQTI+ rights organisations following the country’s transition from a monarchy to a democratic republic. LGBTQI+ people had been as active as anyone else in demanding democracy but LGBTQI+ rights weren’t immediately recognised in the new Nepal.

The 2007 ruling unlocked significant progress: laws that banned gay sex were repealed that year. In 2015, Nepal’s new constitution recognised the fundamental rights of LGBQTI+ people and forbade discrimination. The court also recognised a third gender – a longstanding identity in the cultures of Nepal and other South Asian countries – and the right to have it registered on official documents.

Nepali schools now offer comprehensive sexuality education to students aged 13 to 15, which includes discussion of LGBTQI+ issues. This came as a result of a campaign by the Blue Diamond Society, a civil society organisation that has led the fight for LGBTQI+ rights in Nepal since 2001.

As further rights were recognised, continuing marriage discrimination increasingly stood out. A bill to legalise it was drafted soon after the 2007 ruling, consistent with the court’s order to guarantee equal rights, but not much happened after that. It fell on civil society to hold the government to account.

There are still challenges ahead. As yet, the government hasn’t responded to the court ruling, which suggests it’s hardly in a hurry to legislate. That means people’s rights remain vulnerable to administrative resistance, leading to uneven enforcement. On 13 July, for instance, the Kathmandu District Court rejected an application from a male couple to register their marriage.

Anti-rights backlash

Litigation has become the key means by which civil society wins change on LGBTQI+ rights, as reflected by a recent string of decriminalisation rulings in Caribbean countries. This strategy has the potential to bring legal and policy changes that are ahead of social attitudes. That’s been the case in Nepal, where there’s still stigma, social bias and discrimination, and in Nepal’s often fractious politics, some politicians seek to capitalise on that.

Globally, progress towards the recognition of LGBTQI+ rights is a much stronger trend than regression. But steps forward are inevitably followed by an anti-rights backlash, combined with politically opportunistic efforts to mobilise anti-LGBQTI+ sentiment.

This backlash is seen in the USA, from which emanates most of the funding that enables anti-rights campaigning around the world, as well as in European countries, including Hungary, Spain and Turkey.

But it’s felt most strongly in global south countries, where forces opposing LGBTQI+ rights spread disinformation that these are some kind of western imposition. This is apparent in several countries in Africa – such as Kenya, Nigeria and Uganda – and Asia – including Indonesia, where a new criminal code effectively criminalises same-sex activity, and Malaysia, where politicians profit from vilifying LGBTQI+ people.

That’s why positive moves in Africa and Asia are so valuable: they offer hope to embattled LGBTQI+ people not just domestically but around the world.

Progress in Nepal should particularly give heart to activists in India, where the Supreme Court is currently considering a case demanding the recognition of same-sex marriage, and Japan, where attempts to win court judgments have encountered setbacks. The good news should also resonate in Thailand, a country with a relatively progressive reputation on LGBTQI+ rights but where same-sex marriage still isn’t allowed.

Shifting attitudes

Evidence from the countries that have adopted marriage equality shows that public attitudes to same-sex marriage tend to shift in the wake of legal change. In the countries that introduced it in the early years of this century, it now has majority support.

That’s also the case in Taiwan, which legalised same-sex marriage in 2019. And there, changing social attitudes have gone hand-in-hand with further reforms: in January, the government recognised same-sex marriages of Taiwanese people with foreign partners. In May, same-sex couples were given full adoption rights.

When it comes to changing social attitudes in Nepal, the annual roster of Pride events – the main Nepali Pride Parade held each June, a trans parade in December and an LGBQTI+ women’s rally that marks International Women’s Day each March – will remain vital spaces to make LGBTQI+ people more visible and assert their right to exist in public space.

Nepali civil society will hope that by the next Pride event, the law will have changed. But they’ll do more than hope. They’ll keep campaigning until the law is changed – and after that, they’ll stay alert to backlash and keep pushing back against discrimination.

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

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Election with No Democracy on the Horizon — Global Issues

Credit: Eswatini Government/Twitter
  • Opinion by Andrew Firmin (london)
  • Inter Press Service

A long history of repression

There’ll be some notable absentees at the next election. At least two members of parliament (MPs) certainly won’t be running again: Mthandeni Dube and Mduduzi Bacede Mabuza were convicted of terrorism and murder in June. Their real crime was to do what Swazi MPs aren’t supposed to do: during protests for democracy that broke out in 2021, they dared call for political reform and a constitutional monarchy.

Dube and Mabuza could face up to 20 years in jail. In detention they were beaten and denied access to medical and legal help. They were found guilty by judges appointed and controlled by the king. In Eswatini, the judiciary is regularly used to harass and criminalise those who stand up to Mswati’s power: people such as trade union leader Sticks Nkambule, subject to contempt of court charges for his role in organising a stay-at-home strike demanding the release of Dube and Mabuza. Other activists face terrorism charges.

But not every crime is so zealously prosecuted. In January, human rights lawyer Thulani Maseko was shot dead by unidentified assailants. Maseko was chair of the Multi-Stakeholder Forum, a network that brings together civil society groups, political parties, businesses and others to urge a peaceful transition to democracy. He’d previously spent 14 months in jail for criticising Eswatini’s lack of judicial independence. He was also Dube and Mabuza’s lawyer. There’s been little evident investigation of his killing.

There’s plenty more blood on the king’s hands. The 2021 democracy protests were initially triggered by the killing of law student Thabani Nkomonye. At least 46 people are estimated to have been killed in the ensuing protests. Security forces reportedly fired indiscriminately at protesters; leaked footage revealed that the king ordered them to shoot to kill.

In some areas security forces went house to house, dragging young people out for beatings. Hospitals were overwhelmed with the injured. People who survived shootings weren’t allowed to keep the bullets extracted from them, since this would have constituted evidence. Some bodies were reportedly burned to try to conceal the state’s crimes. When a second wave of protest arose in September 2021, led by schoolchildren, Mswati sent the army into schools, and then closed schools and imposed a nationwide protest ban. Hundreds of protesters and opposition supporters were jailed. A dusk-to-dawn curfew was enforced with the army on the streets and an internet shutdown imposed.

To this day, no one has been held accountable for the killings. There’s also been zero movement towards reform.

Farce of an election forthcoming

Following the intervention of the Southern African Development Community (SADC), the king agreed to hold a national dialogue. But two years on, that hasn’t happened. Instead he held a Sibaya – a traditional gathering in which he was the only person allowed to speak.

Now the election is going ahead without any constructive dialogue or reform. The chances of reform-minded potential MPs winning significant representation are slimmer than ever. To do so, they’d have to navigate a two-round process that is exclusionary by design, with candidates first needing to win approval at the chiefdom level. No party affiliations are allowed.

To further rein in those elected, Mswati directly appoints most of the upper house and some of the lower house. And just to make sure, he picks the prime minister and cabinet, can veto legislation and remains constitutionally above the law.

It’s a system that serves merely to fulfil a kingly fantasy of consultation and pretend to the outside world that democracy exists in Eswatini. Official results from the last two elections were never published, but it’s little wonder than turnout in this electoral farce has reportedly been low.

With the king unwilling to concede even the smallest demands, evidence suggests that repression is further intensifying ahead of voting. The king has imported South African mercenaries – described as ‘security experts’ – to help enforce his reign of terror. There are reports of a hit list of potential assassinations. Lawyers who might defend the rights of criminalised activists and protesters report coming under increasing threat.

Time for international pressure

People have been killed, jailed and forced into exile, but desire for change hasn’t gone away. After all, people in Eswatini aren’t asking for much. They want a competitive vote where they can choose politicians who serve them rather than the king, and they want a constitutional monarchy where the king has limited rather than absolute powers. If they got that, they might even get an economy that works in the public interest, rather than as a vast mechanism designed to funnel wealth to the royal family while everyone else stays poor.

The pretence of an election shouldn’t fool the outside world. Civil society keeps calling on African regional bodies not to let them down. In May the Multi-Stakeholder Forum urged the African Commission on Human and Peoples’ Rights to back an eight-point plan to respect human rights and enable dialogue. The demands were presented by Tanele Maseko, Thulani Maseko’s widow.

Eswatini’s activists also expect more of SADC, and of the government of South Africa, the country where so many of them now live in exile. Governments and organisations that claim to stand for democracy and human rights need to exert some pressure for genuine dialogue leading to a transition to democratic rule. They shouldn’t keep letting the king get away with murder.

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

© Inter Press Service (2023) — All Rights ReservedOriginal source: Inter Press Service



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Military Junta Gets a Free Pass — Global Issues

  • Opinion by Andrew Firmin (london)
  • Inter Press Service

Even humanitarian aid is restricted. Recently the junta refused to allow in aid organisations trying to provide food, water and medicines to people left in desperate need by a devastating cyclone. It’s far from the first time it’s blocked aid.

Crises like this demand an international response. But largely standing on the sidelines while this happens is the regional intergovernmental body, the Association of Southeast Asian Nations (ASEAN). Its recent summit, held in Indonesia in May, failed to produce any progress.

ASEAN’s inaction

ASEAN’s response to the coup was to issue a text, the Five-Point Consensus (5PC), in April 2021. This called for the immediate cessation of violence and constructive dialogue between all parties. ASEAN agreed to provide humanitarian help, appoint a special envoy and visit Myanmar to meet with all parties.

Civil society criticised this agreement because it recognised the role of the junta and failed to make any mention of the need to restore democracy. And the unmitigated violence and human rights violations are the clearest possible sign that the 5PC isn’t working – but ASEAN sticks to it. At its May summit, ASEAN states reiterated their support for the plan.

A major challenge is that most ASEAN states have no interest in democracy. All 10 have heavily restricted civic space. As well as Myanmar, civic space is closed in Cambodia, Laos and Vietnam.

It wouldn’t suit such states to have a thriving democracy on their doorstep, which could only bring greater domestic and international pressure to follow suit. States that repress human rights at home typically carry the same approach into international organisations, working to limit their ability to uphold human rights commitments and scrutinise violations.

Continuing emphasis on the 5PC hasn’t masked divisions among ASEAN states. Some appear to think they can engage with the junta and at least persuade it to moderate its violence – although reality makes this increasingly untenable. But others, particularly Cambodia – a one-party state led by the same prime minister since 1998 – seem intent on legitimising the junta.

Variable pressure has come from ASEAN’s chair, which rotates annually and appoints the special envoy. Under the last two, Brunei Darussalam – a sultanate that last held an election in 1965 – and Cambodia, little happened. Brunei never visited the country after being refused permission to meet with democratic leaders, while Cambodia’s prime minister, Hun Sen, visited Myanmar last year. The first post-coup visit to Myanmar by a head of government, this could only be construed as conferring legitimacy.

Indonesia, the current chair, hasn’t appointed a special envoy, instead setting up an office headed by the foreign minister. So far it appears to be taking a soft approach of quiet diplomacy rather than public action.

Thailand, currently led by a pro-military government, is also evidently happy to engage with the junta. While junta representatives remain banned from ASEAN summits, Thailand has broken ranks and invited ASEAN foreign ministers, including from Myanmar, to hold talks about reintegrating the junta’s leaders. A government that itself came to power through a coup but should now step aside after an election where it was thoroughly defeated looks to be attempting to bolster the legitimacy of military rule.

ASEAN states seem unable to move beyond the 5PC even as they undermine it. But the fact that they’re formally sticking with it enables the wider international community to stand back, on the basis of respecting regional leadership and the 5PC.

The UN Security Council finally adopted a resolution on Myanmar in December 2022. This called for an immediate end to the violence, the release of all political prisoners and unhindered humanitarian access. But its language didn’t go far enough in condemning systematic human rights violations and continued to emphasise the 5PC. It failed to impose sanctions such as an arms embargo or to refer Myanmar to the International Criminal Court (ICC).

Civil society in Myanmar and the region is urging ASEAN to go further. Many have joined together to develop a five-point agenda that goes beyond the 5PC. It calls for a strategy to end military violence through sanctions, an arms embargo and a referral of Myanmar to the ICC. It demands ASEAN engages beyond the junta, and particularly with democratic forces including the National Unity Government – the democratic government in exile. It urges a strengthening of the special envoy role and a pivoting of humanitarian aid to local responders rather than the junta. ASEAN needs to take this on board.

A fork in the road

ASEAN’s current plan is a recipe for continuing military violence, increasingly legitimised by its neighbours’ acceptance. Ceremonial elections could offer further fuel for this.

The junta once promised to hold elections by August, but in February, on the coup’s second anniversary, it extended the state of emergency for another six months. If and when those elections finally happen, there’s no hope of them being free or fair. In March, the junta dissolved some 40 political parties, including the ousted ruling party, the National League for Democracy.

The only purpose of any eventual fake election will be to give the junta a legitimising veneer to present as a sign of progress – and some ASEAN states may be prepared to buy this. This shouldn’t be allowed. ASEAN needs to listen to the voices of civil society calling for it to get its act together – and stick together – in holding the junta to account. If it doesn’t, it will keep failing not only Myanmar’s people, but all in the region who reasonably expect that fundamental human rights should be respected and those who kill, rape and torture should face justice.

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


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Hong Kongs Lights of Freedom Extinguished — Global Issues

  • Opinion by Andrew Firmin (london)
  • Inter Press Service

Hong Kong’s authorities are evidently determined to erase any form of acknowledgement that the massacre ever happened. Memorials and artworks commemorating it have been removed. Books that mention the tragedy have disappeared from libraries. Shops selling the LED candles commonly used to mark the occasion were visited by the authorities in the run up to this year’s anniversary.

The organisation behind the vigil, the Hong Kong Alliance in Support of Patriotic Movements in China, closed itself down in 2021 following a police investigation. Several of its leaders were jailed in March.

Instead of hosting the usual vigil, this year Hong Kong’s Victoria Park was home to a carnival celebrating Chinese rule. People wanting to mark the occasion had to do so in private.

This is only the tip of the iceberg. People are mourning not only the many who died on 4 June 1989 but also the Hong Kong vanishing before their eyes.

Further than ever away from democracy

When Hong Kong was handed over to China by the UK in 1997, China agreed to maintain the country’s distinct political and economic structures for the next 50 years, under the banner of ‘one country, two systems’.

Hong Kong’s Basic Law guaranteed civic rights, including freedoms of association, peaceful assembly and expression. China committed to move towards universal suffrage for the election of Hong Kong’s Chief Executive, the head of government.

But following the democracy protests that burst out in 2019, China has unilaterally torn up that agreement. Three years ago, the government passed the National Security Law, a sweeping piece of legislation that criminalises criticism of the authorities. It’s been used alongside existing laws, such as the law on sedition, to jail leaders of the democracy movement.

China never made good on its promise of universal suffrage. It’s gone in the opposite direction. Current Chief Executive John Lee – who as security chief led the violent crackdown on democracy protests – was chosen last year by a hand-picked 1,500-member Election Committee, which duly endorsed him as the sole candidate.

The Legislative Council, Hong Kong’s parliament, had already been neutered. The number of directly elected seats has been slashed and people are disqualified from standing if they question China’s sovereignty over Hong Kong.

Now the District Councils are in the firing line. When the last elections for the municipal bodies were held, in the thick of democracy protests in November 2019, pro-democracy parties triumphed.

Such a result is now impossible. In 2021, a law was passed requiring all district councillors to swear an oath of allegiance affirming their ‘patriotism’ for China. Most of the pro-democracy candidates elected in 2019 were disqualified or resigned.

Now when new district councillors are chosen in November, only 20 per cent of seats will be directly elected. The authorities will fill the rest with their supporters, all vetted to ensure their ‘patriotism’. Little wonder that the Civic Party, one of Hong Kong’s leading pro-democracy parties, recently announced it was closing down.

A hollowed-out Hong Kong

Hong Kong was once a country where people felt safe to protest. It had a flourishing media and publishing industry. Now journalists are criminalised and key independent media have shut down.

Civil society organisations and trade unions have done the same. The remaining organisations are scattered, practising self-censorship. Protests continue to be heavily restricted: this year a planned International Women’s Day march was cancelled after police threats.

People continue to try to find ways to express dissent, but any small gesture can attract the state’s ire. The death of Queen Elizabeth II gave people an opportunity to use public mourning to express at with the regression since handover. But when a vigil was held during the Queen’s funeral, a harmonica player was arrested for daring to play the tune Glory to Hong Kong, associated with the democracy protests.

Last year five speech therapists were convicted of producing ‘seditious publications’. Their crime was to produce children’s books in which sheep defend their villages from wolves. This was taken to be an allegory of China’s control of Hong Kong.

Everyday repression is making Hong Kong a hollowed-out country, its population falling. Some schools face closure due to falling student numbers. Many have fled, not wanting their children to grow up in a country where education is indoctrination. The curriculum has been reworked to teach students loyalty rather than independent thought. Many teachers are leaving the country or taking early retirement.

With the legal system facing increasing interference and political pressure, lawyers are also among those fleeing.

A key test will be the trial of Jimmy Lai, former media owner and democracy campaigner. He’s already been found guilty on numerous counts. His newspaper, Apple Daily, once Hong Kong’s most widely read pro-democracy paper, shut down in 2021. He faces trial under the National Security Law, which could mean a life sentence.

The judges who will try Lai have been handpicked by John Lee. Meanwhile the authorities have tried to prevent Lai’s defence lawyer, UK barrister Tim Owen, representing him in court. In March they passed a law giving Lee the power to ban foreign lawyers working on national security cases. It isn’t looking promising.

Lai is one of Hong Kong’s 1,508 political prisoners. Even as the population shrinks, the imprisoned population just keeps getting bigger. The candles that commemorate the Tiananmen Square Massacre and the yearning for democracy will continue to flare around the world in exile – but those lights are being extinguished in Hong Kong.

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


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Time for Democracy — Global Issues

  • Opinion by Andrew Firmin (london)
  • Inter Press Service

The party that unexpectedly came first, Move Forward, quickly announced it had formed a coalition with the runner-up, Pheu Thai, and six others, accounting for 313 seats. So if democracy is respected, when parliament next meets, the Move Forward-headed coalition should become the government and its leader, Pita Limjaroenrat, prime minister.

But there’s a problem: Thailand’s powerful military. Over the past century, Thailand has had 13 military coups, most recently in 2014. At the last election in 2019, widely considered neither free nor fair, junta head Prayut Chan-o-cha donned a civilian suit and held onto power.

But this time, voters made it abundantly clear they don’t want the military in power. Now Thailand stands at a fork in the road: will a new, democratically elected government be allowed to take power? Or, as before, will the military intervene to stop it happening?

A biased system

There’s a powerful tool at the military’s disposal. Under the new constitution it introduced in 2017, the prime minister needs to win the approval of a majority vote of the combined House of Representatives and Senate. The Senate has 250 members – all appointed by the military.

This means 376 votes are needed across the two houses, leaving the new coalition short. The military minority might still be able to retain its grip, using Senate votes to disregard the reality of its lack of support.

The appetite for renewal Move Forward spoke to has been expressed on the streets for years – despite the government unleashing violence and criminalising protesters. Young people have been at the forefront of protests, demanding democracy, military reform and – challenging a long-held social taboo – stronger limits on the monarchy’s power.

Royal reform has historically been kept off the political agenda. In part this was because the previous king, Bhumibol Adulyadej, reigned for over 70 years and was broadly respected. But the same doesn’t go for his successor, Maha Vajiralongkorn, a billionaire playboy who spends much of his time in Germany. Vajiralongkorn expects a bigger say in government, and the military has been happy to comply. He insisted that clauses to protect royal power be included in the 2017 constitution and in 2019 took control of two army regiments. One of his first acts was to assume direct control of the crown property bureau, with a reported value of US$40 billion.

But Vajiralongkorn is buttressed from criticism by Thailand’s notorious lèse majesté law, which makes it illegal to defame, insult or threaten the monarch. The government has used this law extensively against protesters. At least 242 people have been charged with lèse majesté offences since 2020. Altogether over 1,800 people are estimated to have been detained under Thailand’s suite of repressive laws, with hundreds of child protesters criminalised.

Spotlight on political parties

Move Forward directly reflects the concerns of the youthful protest movement. Its proposals include reform of the lèse majesté law and closer scrutiny of royal spending. It wants to ‘demilitarise’ Thailand, including by scrapping military conscription, cutting military budgets and making the army more accountable and transparent.

These are ideas that break new ground in Thai politics, and many of the electoral roll’s three million new voters embraced them. Move Forward compensated for its lack of resources through intensive social media use and by encouraging its young supporters to engage with their older family members. Through such means, Move Forward went beyond the youth vote: it won almost every seat in Bangkok, traditionally held by pro-military and pro-royal parties, and also performed well in areas that usually back Pheu Thai.

Runner-up Pheu Thai is a more established force, dominated by the economically powerful Shinawatra family, which has long been at odds with the military. Both parties have relatively youthful figureheads – Limjaroenrat is a 42-year-old and Paetongtarn Shinawatra is 36 – offering a sharp contrast with the old military order, represented by 69-year-old Prayut. But beyond that, it isn’t the most natural of alliances, with the two brought together more by what they oppose than anything else.

Having expected to win the election, Pheu Thai may face the temptation of cutting some other deal that excludes Move Forward – although an alliance with pro-military parties would anger many supporters. Even if the two stick together, they might have to come to an arrangement with some pro-military parties, notably Bhumjaithi, which came third. But Move Forward ruled out any deals with parties involved in the current government, while Bhumjaithi has made clear its opposition to any lèse majesté law changes. The cost of compromise would likely involve dropping this, disappointing voters who invested their hopes in change and confirming continuing military and monarchical influence.

Time for democracy

Beyond the Senate, there are other challenges. The military establishment dominates supposedly independent institutions such as the electoral commission and constitutional court.

Both Move Forward and Pheu Thai may face attempts to close them down. There’s a history of this. Pheu Thai is the third version of a Shinawatra family-led party, while Move Forward is the successor to Future Forward, which picked up support from many young voters to finish third in the flawed 2019 election only to be dissolved. Already a complaint has been filed against Limjaroenrat.

But the military should accept that the political landscape has completely changed. It must stop trying to hold back the tide, whether by parliamentary manoeuvrings, abuses of the law or an outright coup. It can’t keep denying the democratic will of a clear majority, because this risks turning Thailand into another Myanmar, where the military can only retain power through the ultimately self-defeating exercise of ever-increasing brutality.

Instead, Thailand has the opportunity to offer a shining regional example by going the other way. It’s time for the military to understand this and act accordingly.

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


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A President for Life? — Global Issues

Credit: Victor Drachev/AFP via Getty Images
  • Opinion by Andrew Firmin (london)
  • Inter Press Service

Repression betrays image of reform

Mirziyoyev took over the presidency in 2016 following the death of Islam Karimov, president for 26 years. Karimov ruled with an iron fist; Mirziyoyev has tried to position himself as a reformer by comparison.

The government rightly won international recognition when Uzbekistan was declared free of the systemic child labour and forced labour that once plagued its cotton industry. The move came after extensive international civil society campaigning, with global action compensating for the inability of domestic civil society to mobilise, given severe civic space restrictions.

While that systemic problem has been addressed, undoubtedly abuses of labour rights remain. And these are far from the only human rights violations. When one of the proposed constitutional changes announced last July sparked furious protests, the repression that followed belied Mirziyoyev’s reformist image.

Among the proposed changes was a plan to amend the status of Uzbekistan’s Karakalpakstan region. Formally, it’s an autonomous republic with the right to secede. The surprise announcement that this special status would end brought rare mass protests in the regional capital, Nukus. When local police refused to intervene, central government flew over riot police, inflaming tensions and resulting in violent clashes.

A state of emergency was imposed, tightly restricting the circulation of information. Because of this, details are scarce, but it seems some protesters started fires and tried to occupy government buildings, and riot police reportedly responded with live ammunition and an array of other forms of violence. Several people were killed and over 500 were reported to have been detained. Many received long jail sentences.

The government quickly dropped its intended change, but otherwise took a hard line, claiming the protesters were foreign-backed provocateurs trying to destabilise the country. But what happened was down to the absence of democracy. The government announced the proposed change with no consultation. All other channels for expressing dissent being blocked, the only way people could communicate their disapproval was to take to the streets.

Civic space still closed

It remains the reality that very little independent media is tolerated and journalists and bloggers experience harassment and intimidation. Vague and broad laws against the spreading of ‘false information’ and defamation give the state ample powers to block websites, a regular occurrence.

Virtually no independent civil society is allowed; most organisations that present themselves as part of civil society are government entities. Independent organisations struggle to register, particularly when they have a human rights focus. New regulations passed in June 2022 give the state oversight of activities supported by foreign donors, further restricting the space for human rights work.

It’s been a long time since Uzbekistan held any kind of recognisably democratic vote. The only presidential election with a genuine opposition candidate was held in 1991. Mirziyoyev certainly hasn’t risked a competitive election: when he last stood for office, to win his second term in 2021, he faced four pro-government candidates.

A flawed vote and a self-serving outcome

The referendum’s reported turnout and voting totals were at around the same levels as for the non-competitive presidential elections: official figures stated that 90-plus per cent endorsed the changes on a turnout of almost 85 per cent.

Given the state’s total control, voting figures are hard to trust. Even if the numbers are taken at face value, election observers from the Organization for Security and Co-operation in Europe pointed out that the referendum was held ‘in an environment that fell short of political pluralism and competition’. There was a lack of genuine debate, with very little opportunity for people to put any case against approving the changes.

State officials and resources were mobilised to encourage a yes vote and local celebrities were deployed in rallies and concerts. State media played its usual role as a presidential mouthpiece, promoting the referendum as an exercise in enhancing rights and freedoms. Anonymous journalists reported that censorship had increased ahead of the vote and they’d been ordered to cover the referendum positively.

Mirziyoyev is clearly the one who benefits. The key change is the extension of presidential terms from five to seven years. Mirziyoyev’s existing two five-year terms are wiped from the count, leaving him eligible to serve two more. Mirziyoyev has taken the same approach as authoritarian leaders the world over of reworking constitutions to stay in power. It’s hardly the act of a reformer.

The president remains all-powerful, appointing all government and security force officials. Meanwhile there’s some new language about rights and a welcome abolition of the death penalty – but no hint of changes that will allow movement towards free and fair elections, real opposition parties, independent human rights organisations and free media.

The constitution’s new language about rights will mean nothing if democratic reform doesn’t follow. But change of this kind was always possible under the old constitution – it’s always been lack of political will at the top standing in the way, and that hasn’t changed.

Democratic nations, seeking to build bridges in Central Asia to offer a counter to the region’s historical connections with Russia, may well welcome the superficial signs of reform. A UK-based public relations firm was hired to help persuade them. But they should urge the president to go much further, follow up with genuine reforms, and allow for real political competition when he inevitably stands for his third term.

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

© Inter Press Service (2023) — All Rights ReservedOriginal source: Inter Press Service

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