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The Right to Protest
by CIVICUS Monitor, agencies
 
Robust accountability key to end cycle of repression against protesters and activists. (OHCHR)
 
In the face of increased repression and serious human rights violations against protesters and activists around the world, victims have been denied justice while perpetrators have benefitted from a lack of accountability for their crimes, a UN expert said this week.
 
“This is leading to repetition and worsening of such violations,” said Clément Nyaletsossi Voule, UN Special Rapporteur on the right to peaceful assembly and association in his report to the Human Rights Council.
 
“The endemic impunity for serious human rights violations has generated cycles of repression. Time and again, we see that where civic space is threatened, authoritarianism and conflicts ensue,” Voule said.
 
His report found that hundreds of people have faced life changing injuries and disabilities due to the misuse or abuse of so-called “less-lethal weapons” in the context of assemblies. They are urgently in need of reparations.
 
Voule highlighted a widespread lack of political will to ensure accountability for serious abuses against activists and protesters, with many States resorting to a policy of negation, misusing ambiguous and restrictive laws to justify an excessive use of force, punish, criminalise and detain victims.
 
He also shed light on States obstructing accountability or evading responsibility for crimes against protesters and activists, including by undermining the independence of national criminal justice systems.
 
“By contrast, States have focused on investigating, prosecuting and sentencing activists and protesters,” the expert said.
 
“It is the responsibility of States to take into account the different needs of victims, to repair harm done and ensure non-recurrence. Reparations must not be used as another means to evade accountability and must be provided on top of legal prosecutions, not in lieu of them,” Voule said.
 
While the report recognises the primary role of States to bring perpetrators of abuses to account, the Special Rapporteur urged the international community to put accountability at the center of its efforts to protect and promote the rights to peaceful assembly and of association: “I call on Member States to respond in a timely and pre-emptive manner to serious abuses against activists and protesters by upholding international human rights standards,” the expert said.
 
Voule also presented three other reports to the Human Rights Council, including a follow-up to his June 2022 report on the impact of restricting civil society access to resources; a report emphasising the importance of protecting the rights to freedom of peaceful assembly and of association for all workers, including those in the informal economy.
 
http://www.ohchr.org/en/press-releases/2023/06/robust-accountability-key-end-cycle-repression-against-protesters-and
 
The Right to Protest. (CIVICUS Monitor, agencies)
 
From mass protests demanding social and political change in Iran to protests around the world over the climate crisis and the rising cost of living, people continue to take to the streets to voice their opinions, express dissent and call for justice. But even though this fundamental right is guaranteed by international human rights law and standards, governments keep limiting these laws and restricting the right to protest.
 
Since 2017, the CIVICUS Monitor has tracked an ongoing crackdown on the right to peaceful assembly. Most recently governments have used the COVID-19 pandemic as a pretext to further restrict fundamental freedoms, including the right to protest. Despite this, people are continuing to mobilise, including by using creative and alternative forms of protest when pandemic restrictions are applied, such as masked and distanced demonstrations and online protests.
 
Technology has broadened the opportunities for mobilising, but at the same time new challenges have emerged for critical voices, as governments expand their tactics to restrict online access and put people under surveillance.
 
Though challenges persist, protests continue to be a powerful and effective means of defending rights and advocating for their realisation.
 
In 2022, the rising cost of food and fuel have sparked mobilisations against corruption, mismanagement and inequality. Mass protests have taken place in many countries around the world, even in authoritarian contexts. In some countries, smaller-scale protests have drawn attention to pressing issues.
 
Protests initially sparked by regressive economic policies and increases in the cost of living have often turned into protests against corrupt political leaders and systemic injustice.
 
According to CIVICUS Monitor data, protests took place in at least 131 countries during the past year, with the majority of them considered peaceful. Out of all CIVICUS Monitor updates covering incidents related to protests, 17% documented cases in which protests became violent because of the actions of protesters. Although isolated violent incidents might have occurred, documented protests were largely peaceful.
 
Out of 33 categories of violations of civic freedoms tracked by the CIVICUS Monitor, since 2020 the detention of protesters has been the number one violation. Detention is a pervasive practice used by the authorities to prevent and disrupt protests and punish protesters. Women, LGBTQI+ people, Indigenous people, Black people, migrants and other excluded groups often face harsher repression due to discriminatory and unjust practices.
 
While restrictions used by the authorities prior to protests are challenging to quantify, due to the different state elements involved and methods employed, this paper describes restrictions by illustrating some of the most significant cases documented by the CIVICUS Monitor in the past year.
 
Across the globe, governments are using a range of tactics to crack down on protests. Although international human rights law and standards establish that, as a general rule, states must ensure the right to peaceful assembly, restrictions of the right often begin even before any protest occurs.
 
Authorities prevent demonstrations by refusing permission or blocking routes adjacent to a planned protest area. Organisers face intimidation, harassment and surveillance when planning a protest, and sometimes are subject to house arrest just before a protest.
 
Restrictions that precede protests create a chilling environment by generating an atmosphere of fear and violence that discourages people from exercising their right to peaceful assembly. This means that protests are more common in countries with open and enabling civic space compared to closed and repressed environments.
 
Detention is not only used as a tactic to stop protesters taking part; it is also used to disrupt protests as people are gathering and during protests to break them up. Excessive force is also frequently deployed. International human rights law establishes that force should only be used if strictly unavoidable. However, excessive force was used in over 57 countries during the past year.
 
In at least 24 countries, protesters were killed while peacefully protesting. And although every person should be able to observe and report on protests, journalists are often victims of violence and arrests while covering protests. At times, violations continue after protests, with the harassment and prosecution of protest organisers and participants.
 
Lack of accountability for freedom of peaceful assembly violations is common, despite the obligations placed on states under international human right law to provide adequate and prompt remedies to protesters whose rights have been violated.
 
This report does not provide an exhaustive list of restrictions faced by protesters. Rather, it seeks to expose the wide range of impediments and violations that protesters experience, highlighting the regional nuances and key cases that exemplify the tactics used to restrict the right to peaceful assembly.
 
http://protestrights2022.monitor.civicus.org/ http://www.civicus.org/index.php/state-of-civil-society-report-2023 http://www.ipsnews.net/2023/03/civicus-report-unveils-civil-society-perspective-world-stands-early-2023/ http://www.amnesty.org/en/documents/pol10/5670/2023/en/ http://www.hrw.org/news/2023/01/12/iran-brute-force-used-crackdown-dissent http://www.article19.org/campaigns/freetoprotest-2/ http://www.ipsnews.net/2023/01/austerity-2023-will-fuel-protests/ http://ny.fes.de/article/food-energy-cost-of-living-protests-2022 http://blogs.prio.org/2022/12/civil-society-faces-an-uphill-struggle-to-defend-democracy/ http://www.ohchr.org/en/special-procedures/sr-freedom-of-assembly-and-association http://www.ohchr.org/en/documents/thematic-reports/a77171-essential-role-social-movements-building-back-better-report
 
June 2022
 
2022 State of Civil Society Report, by Mandeep Tiwana - CIVICUS
 
2022 is halfway through. It’s clear this is a year of immense disruption, mayhem and contestation. Horrendous war crimes are taking place in Ukraine.
 
The conflict is spurring soaring living costs, impacting the most vulnerable people, already faced with the adverse impacts of the pandemic and extreme weather caused by climate change.
 
In this scenario, concerned citizens and civil society organisations are responding by protesting misgovernance, campaigning for justice and helping out those worst affected. CIVICUS’s 2022 State of Civil Society Report analyses global events and outlines the current state of play.
 
Five findings with implications for the future stand out and are highlighted below.
 
1. Rising costs of fuel and food are global protest triggers
 
Governments around the world are failing to protect people from the impacts of massive price rises worsened by Russia’s illegal invasion of Ukraine. Fossil fuel companies are banking record-breaking profits while many people, already strained by the pandemic, are struggling to make ends meet.
 
Public anger at corruption and dysfunctional markets is rising. In Sri Lanka, mass demonstrations against crony capitalism recently led to resignation of the prime minister. In Indonesia students protested over the rising cost of cooking oil. In Spain, increases in food, energy and fuel prices brought thousands to the streets in early 2022.
 
In more repressive contexts protests are met with state brutality. In Kazakhstan over 200 civilians were killed with impunity following protests over fuel price increases in January.
 
Reported lethal violence has also come in response to recent food price protests in Iran. In contested political environments such as the occupied Palestinian territories the potential for renewed cycles of protest and state violence remains high.
 
2. These are harrowing times for democracy but there are successes too
 
Institutions and traditions of democracy are facing increasing attacks from anti-democratic forces. Military coups are making a comeback. In Burkina Faso, Guinea, Mali, Myanmar, Sudan and Thailand armies are running governments.
 
In Tunisia hard-fought gains are being reversed by a president who dismissed parliament, took control of the judiciary and is rewriting the constitution. India’s constitutional commitment to secularism is being strained by religious intolerance promoted by its ruling party. In El Salvador, a president with a legislative supermajority is removing democratic checks and balances.
 
In Nicaragua, a sitting president organised a fraudulent election, enabled by mass repression. In Turkmenistan, the outgoing president bestowed the office to his son. The Philippines election saw two authoritarian dynasties enter into an alliance to win the presidency and vice presidency through a campaign of disinformation and falsification of history.
 
Nonetheless, there have also been bright spots, with successful mobilisations to strengthen democracy. In the Czech Republic and Slovenia political leaders who fostered divisiveness were voted out. In Australia, the incumbent government, with its failure to act on climate change, was defeated after almost a decade in power.
 
Meanwhile, Chile elected its youngest and most unconventional president ever, and his choice of cabinet reflects the country’s diversity and his commitment to social justice. Honduras elected its first woman president, who ran on a progressive platform to address poverty, expand women’s sexual and reproductive rights and tackle corruption.
 
3. Struggles for justice and equality are gaining momentum
 
Despite severe pushback by anti-rights groups on hard-won gender justice gains in Afghanistan and on women’s sexual and reproductive rights in countries such as Poland and the USA, the overall global trajectory is leaning towards progress.
 
In several Latin American countries including Colombia, Ecuador, El Salvador and Mexico, restrictions on abortion have been eased. While opportunistic politicians in Ghana and Hungary have to sought to gain political advantage from the vilification of LGBTQI + people, globally the normalisation of LGBTQI+ rights is spreading.
 
Recently, the people of Switzerland voted in favour of an equal marriage law. Even in the challenging context of Jamaica advances have been made by civil society through the regional human rights system.
 
Steps forward have come after years of campaigning by civil society, which is increasingly modelling and proving the value of diversity. A new, young and diverse generation is forging movements to advance racial justice and demand equity for excluded people. They are embedding demands for rights for everyone with potential impacts for better democracy and inclusive economies.
 
4. Action on climate justice has transformative potential
 
The Intergovernmental Panel on Climate Change through its recent reports has made clear that greenhouse gases must be cut drastically to avoid catastrophe. As the brunt of climate change continues to be disproportionately felt by excluded populations, renewed urgency is being demanded by civil society movements for governments to make ambitious emission cuts.
 
Activism, including mass marches, climate strikes and non-violent civil disobedience, is likely to intensify as the impacts of destructive storms, heatwaves and floods are being felt by growing swathes of populations.
 
Vital street action will continue to be supplemented by other tactics. Climate litigation is growing, leading to some significant breakthroughs, such as the court judgment in the Netherlands that forced Shell to commit to emissions cuts.
 
Shareholder activism towards polluting industries and their funders is intensifying, and pension funds are coming under growing pressure to divest from fossil fuel companies. The intersectionality of the climate movement holds hope for the future.
 
5. The UN needs to revitalise itself
 
A key purpose behind the formation of the UN in 1945 was to ‘save succeeding generations from the scourge of war’. Experience from the past few years, including in the Democratic Republic of the Congo, the Sahel region, Syria, Yemen and many other places shows that the UN’s record in preventing and stopping conflict is patchy at best.
 
Russia’s illegal invasion of Ukraine and brutal attacks on civilian populations have further exposed fundamental weaknesses. The UN Security Council is hamstrung by the veto-wielding role of Russia as one of its five permanent members, although the UN General Assembly voted to suspend Russia from the UN Human Rights Council.
 
The UN’s top leadership are expected to ‘reaffirm faith in fundamental human rights’ and ‘establish conditions for justice under international law’ but have often struggled to find their resolve when powerful states have committed grave human rights violations, war crimes and crimes against humanity.
 
A lot of the UN’s energies appear focused on humanitarian response and management of crises over effective preventative diplomacy and justice for victims. Meaningful civil society engagement and access to key arenas can help overcome these bureaucratic shortcomings. Regardless, courage and vision will be needed from within and outside to reinvigorate the UN.
 
The world as it stands today is characterised by crisis and volatility, where regressive forces are mobilising a fierce backlash against struggles for equality and dignity, but also where determined civil society actions are scoring vital victories for humanity.
 
http://civicus.org/index.php/media-resources/news/5874-civil-society-holding-the-line-in-contested-times-2022-civicus-state-of-civil-society-report http://www.amnesty.org/en/latest/news/2022/07/protect-the-protest/ http://www.ipsnews.net/2022/07/unprecedented-threats-right-protest-rise-world-wid http://www.christianaid.org.uk/news/how-covid-19-has-shrunk-civic-space http://actalliance.org/act-news/development-needs-civil-society-the-implications-of-civic-space-for-the-sustainable-development-goals/ http://www.forus-international.org/en/custom-page-detail/88297-new-report-looks-at-the-power-of-positive-narratives-and-digital-rights-to-support-activism-worldwide http://www.ohchr.org/en/stories/2022/07/un-expert-warns-dangerous-decline-media-freedom http://www.maplecroft.com/insights/analysis/101-countries-witness-rise-in-civil-unrest-in-last-quarter-worst-yet-to-come-as-socioeconomic-pressures-build/ http://www.article19.org/gxr-22/ http://digitallibrary.un.org/record/3956409 http://www.article19.org/resources/right-to-know-day-2022


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Why language matters when covering disability
by Liz Ombati
Sightsavers
 
It’s time for the media to do more to accurately reflect the lived experience of people with disabilities.
 
What is written about disability – and often what is not written – is important. There are over one billion people with disabilities in the world, and many experience stigma and discrimination, or are completely left out of media coverage.
 
Language and media representation play an important role in influencing public opinion and challenging stereotypes around disability. Disability campaigners have agitated for years for our recognition as rights holders, not as objects of pity or care. We want to see this reflected in media portrayals. I know that journalists also want to cover disability and represent people with disabilities in an empowering and respectful way.
 
This is by no means a definitive guide to writing about disability. It’s simply a starting point from my experience as a woman with a disability who has worked in campaigning and written for the media, combined with the learnings from work by Sightsavers, an organisation I’ve worked with, on disability rights.
 
What is disability?
 
Considering the difference between impairment and disability is a useful starting point. Impairment is the injury, illness or condition that causes a loss or difference of function to an individual. Disability refers to the limitation or loss of opportunities to participate equally in society because of social and environmental barriers as the result of an impairment.
 
Disability inclusion is not about who ‘deserves’ things in life – it’s about rights, and barriers to those rights. Journalism needs to reflect this.
 
For example, instead of a story that assumes that a child with disabilities would never be able to learn in a mainstream school, the angle could be: ‘Why is that school inaccessible to that child? And what should change for the school to be accessible (or inclusive) for that child?’
 
Words matter
 
Word use is important, particularly when there are so many terms that are outdated and offensive. Sightsavers has come up with a useful guide to language to use. This includes a list of terms to avoid, such as “wheelchair-bound”, “mentally defective”, “differently-abled”. Alternatives could be “wheelchair user”, “a person with mental illness” or “intellectually disabled”, “person with a cognitive or physical impairment/disability”.
 
Language is subjective and ever-changing, so there are not always hard and fast rules. But one constant is to talk about people as they describe themselves.
 
‘People with disabilities’ or ‘disabled people’ – which one?
 
I personally base my communications on the principles of the UN Convention on the Rights of Persons with Disabilities. This uses person-first language, such as ‘people with disabilities’. However, many people prefer identity-first language, such as ‘disabled person’, which focuses on the disabling nature of society as affecting their identity. Choice of language is personal, and preferences should be respected. It’s always best to ask people which they choose.
 
“Nothing about us without us”
 
The most authentic media stories about disability are those that interview people with lived experience, not only their family, caregivers, experts, or doctors. For example, media stories about graduates or students with disabilities often focus on the sacrifices of family and caregivers, rather than the students themselves and the barriers they faced getting an education.
 
And the more voices the better, as one person’s experience of disability is not representative of everyone with a similar impairment.
 
Focus on the barriers
 
Quite often, media stories focus on disability as inherently negative and portray people as ‘victims’ of their disability. For example, someone may be presented as an object of pity or charity, or be described as being ‘afflicted by’ or ‘suffering with’ a disability, which is something tragic they need to ‘overcome’.
 
For most people, their impairment or disability is something they just live with, and the challenges they face are the barriers put up by society, not by their condition. So rather than using negative language about the disability itself, focus on barriers and solutions.
 
A good example is this article, where a deaf woman shares her own story of the ableist barriers she has faced in trying to find work she is highly qualified for. (see link below)
 
Would your story be remarkable if the person featured didn’t have a disability?
 
Disability is sometimes covered as if it is remarkable that someone with a disability has been able to do regular things like get an education or a job, or get married. This reinforces stereotypes that these things are not typical for someone with disabilities to do.
 
Describing someone as inspiring solely because they have a disability, or ‘despite’ their disability, can appear patronising or pitying. It doesn’t recognise what their genuine achievements have been. There is also a danger of reinforcing disabilities as something inherently negative – rather than something some people just have – or failing to focus on the disabling nature of society.
 
Once again, “Nothing about us without us”
 
Ultimately, people with disabilities deserve the same respect and inclusion as anyone else in the media. To do this properly our voices and viewpoints need to be central to any story about us.
 
* Liz Ombati is a disability rights advocate based in Kenya who identifies as having a psychosocial disability. She is an OPD (organisations of persons with disabilities) engagement officer with the African Disability Forum. She also works on programmes with Inclusive Futures, a disability and development consortium made up of 23 organisations and led by Sightsavers. Liz regularly contributes articles on disability and women’s rights in the Kenyan media.
 
http://www.ibt.org.uk/blog/why-language-matters-when-covering-disability/ http://social.desa.un.org/issues/disability/news/progress-on-disability-rights-risks-going-in-reverse-guterres


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