Africa

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Several Southern African countries have or are in the process of enacting legislation that limits the civil society space, with implications for human rights. Credit: CIVICUS Monitor

By Busani Bafana
BULAWAYO, Jul 31 2023 (IPS)

Freedom of expression is under threat as governments in Southern Africa have enacted laws restricting civil society organizations, says global rights advocacy organisation, CIVICUS, warning that human rights violations are on the increase globally.

“The state of civil society is unfortunately not improving; civil restrictions continue across the world,” said David Kobe, the advocacy Lead at CIVICUS.

“More than 2 billion people live in countries that are rated as closed, which is the worst rating any country can have – this means that 28 percent of the world’s population are not able to speak out when there is corruption or human rights violations restrictions or cannot write articles as journalists without facing appraisals,” Kobe told IPS in an interview, noting that the organization’s human rights tool is indicating growing suppression of civil space across the world.

The CIVICUS Monitor, a tool accessing the state of civic space in more than 190 countries, provides evidence of restrictions on human rights by governments. The CIVICUS Monitor rates the state of civil space ‘open, ‘repressed’, and ‘closed’ according to each country.

Kobe notes that human rights violations are increasing globally with more restrictions on civil society in Australia, the United Kingdom and the United States. The picture is not different in the Southern Africa region where restrictions on civil space have been continuing, and these have included censorship, violent response to protests and restrictive laws as seen in Angola, Mozambique and Zimbabwe

Closing Civil Society Space

Zimbabwe remains on the CIVICUS Monitor Watchlist as attacks on civic space continue ahead of the scheduled 2023 national elections.

Last November, Zimbabwe approved the Criminal Law (Codification and Reform) Amendment Bill, 2022, known as the Patriotic Act. The law seeks to create the offence of “wilfully damaging the sovereignty and national interest of Zimbabwe” and will essentially criminalise the lobbying of foreign governments to extend or implement sanctions against Zimbabwe or its officials.

Furthermore, the Zimbabwe government gazetted the Private Voluntary Organisations Amendment Bill in November 2021, amending the Private Voluntary Organisations Act, which governs non-profit organizations. The main aim of the Bill is to comply with the Financial Action Task Force (FATF) recommendations to strengthen the country’s legal framework to combat money laundering, financing terrorism and proliferation.

Civil society organizations warn that the Bill could hinder their activities and financing with potential adverse impacts on economic development. Besides, NGOs argue that they are a low-risk sector with no precedence of financing terrorism and money laundering.

Musa Kika, Executive Director of Zimbabwe Human Rights NGO Forum, says the PVO will affect the operations of NGOs, including deterring donors from funding PVOs, fearing the money could end up under the grip of the government. Besides, the Bill has a provision giving the Minister of Justice unfettered powers to place under supervision or surveillance, using subjective discretion, those PVOs the Minister deems to be high risk.

“Continued hostility and harassment on the part of the government towards the work of CSOs in the country will thus only result in a hugely detrimental effect on their efforts in advancing the protection of and respect for the basic human rights and freedoms of ordinary Zimbabwean civilians as espoused under Zimbabwe’s Constitution,” Kika said. He noted that civil society organisations were operating in a tough environment in Zimbabwe where the government does not trust them, especially those working in the fields of governance and human rights.

“We have a government that does not want to account,” said Kika. “We have had many human rights activists who have been arrested on flimsy charges…Terrorism finance is being used as a cover, but the motive is to close the democratic space because the government and accountability in human rights and governance are sworn enemies.”

In Zimbabwe, NGOs have, in partnership with the government, supported development, providing a range of services in health, education, social protection, humanitarian assistance, environmental management, emergency response and democracy building.  A research report commissioned by the Zimbabwe Human Rights NGO Forum in collaboration with the Southern Defenders and Accountability Lab has warned of huge job and financial losses if the Bill is passed into law.

United Nations experts have urged Zimbabwe’s President Emerson Mnangagwa to reject enacting a bill that would severely restrict civic space and the right to freedom of association in the country.

However, President Mnangagwa has defended the passage of the PVO Bill, vowing to speedily “sign it into law once it reaches my desk”. In a commentary in his weekly column published by the government-owned Sunday Mail, Mnangagwa said signing the bill into law will usher Zimbabwe into a “new era of genuine philanthropic and advocacy work, unsullied by ulterior political or financial motives.”

Mnangagwa said the law was meant to defend the country from foreign infiltration.

Engendering Patriotism but Endangering Democracy

Zimbabwe has also recently approved another repressive law known as the ‘Patriot Act’.

“The Patriotic Act is an extremely repressive and unconstitutional piece of legislation that has serious ramifications for citizens’ rights, particularly the rights of freedom of expression in the lead up to the elections,” human rights lawyer, Dough Coltart, tells IPS in an interview.

“There is a very real need to educate the citizens on what the ramifications of this Act are for people’s lives because the Act has far-reaching consequences for the entire country and will essentially stifle any public dialogue around the challenges we are facing as a country.”

“The Patriot law is a bad piece of legislation which is an affront to the practice of ethical journalism in Zimbabwe,” Njabulo Ncube, Coordinator of the Zimbabwe National Editors’ Forum (ZINEF), told IPS. “It stinks to the highest skies as it criminalizes the practice of good journalism. It is anti-media freedom and free expression…civil society organisations have also been caught in the mix; they cannot effectively make government account for its actions.”

Democracy Dimming

The situation in Zimbabwe is echoed in some countries across Southern Africa, where governments are cracking down on CSOs in the name of protecting national sovereignty and the threats of money laundering and terrorism financing.

In Angola, the country’s National Assembly, on May 25 2023, passed a draft NGO Statute, which CSOs have criticized for limiting freedom of association by giving the state excessive powers to interfere with civil society activities.

According to the Movimento de Defensores de Direitos Humanos de Angola (Movement of Human Rights Defenders of Angola, KUTAKESA), the government has targeted civil society with legislation that is meant for terrorists and money launderers, though it has never been proven in any court that a CSO has committed an act of terrorism in Angola.

On the contrary, the rationale of this legislation constitutes institutional terrorism, the target of which are CSOs, said Godinho Cristóvão, a jurist, human rights defender and executive director of KUTEKA in an interview with the CIVICUS Monitor.

“The Angolan authorities should have aligned themselves with the democratic rule of law and respected the work of CSOs and HRDs,” Cristóvão is quoted as saying.

“Instead, there has been an increase in threats, harassment and illegal arrests of human rights defenders who denounce or hold peaceful demonstrations against acts of bad governance and violations of citizens’ rights and freedoms. There have been clear setbacks with regard to the guarantee of fundamental rights and freedoms enshrined in the constitution, as well as the rights set out in the African Charter on Human and Peoples’ Rights and other human rights treaties Angola has ratified.”

In Mozambique, a new NGO on Anti-Money Laundering and Terrorist Financing Act, which overregulates CSOs, is seen as the death knell for the civic movement in the country. The Act was approved in October 2022 under the pretext of fighting terrorism. It has further curtailed freedoms of expression, information, press, assembly and public participation.

Paula Monjane, Executive Director of the Civil Society Learning and Capacity Building Centre (CESC), a Mozambican non-profit civil society organisation, said currently, the legislation was being proposed to silence dissenting voices and people fighting for better governance of public affairs and the protection of human rights in the country.

The draft Anti-Money Laundering and Terrorism Financing Act law establishes a legal regime for the creation, organisation and functioning of CSOs, and Monjane highlighted that it contains several norms that violate freedom of association despite this right being safeguarded by the constitution and international human rights treaties.

“It gives the government absolute and discretionary powers to ‘create’, control the functioning of, suspend and extinguish CSOs,” said Monjane, adding, “If the bill is approved, it will legitimise already existing practices restricting civic space, allowing the persecution of dissenting voices and organisations critical of the government, up to banning them from continuing to operate.”

Monjane said if the bill is passed into law CSOs in Mozambique will push for it to be declared unconstitutional and will ask the African Union, through the African Commission on Human and Peoples’ Rights, and the United Nations, through the Special Rapporteur on the rights to freedom of peaceful assembly and of association to urgently condemn it.

On actions to foster human rights and human rights defenders, Kobe said civil society organisations must be supported to hold governments accountable for upholding national and international human rights conventions that they have subscribed to.

The Universal Periodic Review, an assessment of the state of civic and human rights of a country over a four-year period, provides recommendations to governments enabling them to open civic space and remove restrictive laws.

“Governments need to implement the recommendations of the UPR and not treat them as a formality for them to be seen by the international community as respecting human rights when they are not,” said Kobe, adding that encouraging governments to implement the 2030 Agenda on Sustainable Development was also a way of getting them to see development alongside human rights.

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Humanitarian efforts in Niger are continuing despite the military coup. In Niger, Only 56% of the population has access to a source of drinking water, according to UNICEF. Photo credit: EU/ECHO/Jean de Lestrange

By Abigail Van Neely
UNITED NATIONS, Jul 31 2023 (IPS)

Nicole Kouassi, the UNDP resident representative in Niger, is constantly faced with the challenge of coordinating aid delivery to 4.3 million people in need. On Wednesday, Kouassi woke up and learned this must happen in a country where the president had just been overthrown. She said she did not see warning signs of a coup.

Kouassi told journalists that UN humanitarian, development, and peace programs continue in Niger because their support is still desperately needed. According to the World Bank, over 40% of Niger’s population was living in extreme poverty in 2021. Before the present political crisis, 3.3 million people were acutely food insecure, mostly women and children. However, the $583 million dollar appeal for aid has only been 32% funded.

“The humanitarian response continues on the ground and has never stopped,” Jean Noel Gentile, the World Food Bank representative, said.

Nevertheless, the military coup in Niger affects the flow of humanitarian aid to other neighboring countries while Niger airspace and borders are closed.

While aid programs are individual to a country, closed borders can interfere with supply chain logistics. Gentile explained that there is a crucial route through Niger that allows for the transport of aid from a logistics hub in Yemen to Mali and Burkina Faso. Aid deliveries for Niger to Chad for Sudanese refugees have also been temporarily suspended.

Gentile said it is unclear exactly how many people will be affected. He noted that there may be alternative aid routes through Cameroon and Nigeria.

When borders are open, migrants from Mali and Burkina Faso also travel to Niger. According to Emmanuel Gignac, UNHCR chief of mission, no movement has been detected across Niger’s borders since their closure.

Kouassi has not been in contact with the military leaders in power and does not yet have plans to discuss humanitarian aid delivery with them. She noted that her office does not have a political UN mandate but echoed concerns expressed by Secretary-General António Guterres.

Guterres has strongly condemned the “unconstitutional change of government in Niger.”

“Stop obstructing the democratic governance of the country and respect the rule of law,” Guterres said in a statement to those detaining the president.

Kouassi said that all UN staff were accounted for and that Niamey, the capital, seemed calm as civilians respected their new curfew.

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In April 2023, India overtook China as the world’s most populous country. Credit: United Nations

By Taira Bhargava
WASHINGTON DC, Jul 31 2023 (IPS)

This year, India surpassed China as the world’s most populous nation. China is expected to overtake the US as the world’s largest economy by 2035, but its population will likely continue to decline, while India’s will continue to grow.

India is projected to surpass 1.5 billion people by the end of this decade, reaching 1.7 billion people by 2064. Goldman Sachs analysts recently predicted India will be the world’s second-largest economy by 2075.

India’s population growth is widely touted as an economic opportunity to be seized, a chance for India to press its advantage as the most populous nation on Earth, with the greatest proportion of working age people.

For example, there have been recent calls for India to take the helm as a world leader in steel production. Demand for steel is expected to surge as India’s population grows, and more steel production capacity could boost India’s economy.

But there is more to population growth than just bigger markets and workforces. The same population growth that drives up demand also puts immense pressure on environmental, education, and health infrastructure.

For example, it will increasingly strain access to clean water, threatening drinking water safety and sanitation for communities. It could also lead to shortages in teachers and schools, and scarcity of medical professionals and health facilities.

So, as India’s population grows, it’s imperative that we balance its economic development with the well-being of its people. Sabina Dewan, a senior visiting fellow at the Center for Policy Research, says population growth could be a “tremendous productive force for the economy” but economic growth “hinges on providing good quality, productive, and well-remunerated jobs.” As Wilson Center scholar Jennifer Sciubba put it, “We’ve got 1.4 billion people in India, and it’s up to India to decide whether or not that becomes a resource or a burden.”

How population growth ultimately impacts people depends on how government, civil society, and society as a whole address its challenges and capitalize on its benefits. One key aspect of this is upholding people’s sexual and reproductive health and rights (SRHR).

As India’s population expands, the number of people of child-bearing age will continue to grow, and the stakes of SRHR will get higher. Studies show access to comprehensive SRHR services is key for health and well-being and helps women and girls reach their educational and economic goals. It also enables them to delay and space childbearing, moderating population growth and easing pressure on natural resources and infrastructure.

Currently, women and girls in India do not have sufficient access to SRHR services. Two million adolescent Indian women have an unmet need for modern contraception. A staggering 78% of abortions among adolescents are unsafe, leading to an elevated risk of complications.

And as India’s population grows, it also raises the stakes of gender discrimination and achieving gender equity. Without sufficient investment in the health and rights and women and girls, population growth is likely to exacerbate existing gender disparities.

But when women gain access to more education, economic opportunity, and family planning resources, it leads to greater economic participation and prosperity. Research finds such programs can help lift people out of poverty, improving their standard of living and contributing to a more inclusive economy.

In order to leverage the demographic dividend from population growth, in addition to manufacturing, transportation, energy, and digital infrastructure, India’s government should invest in its people.

It should focus on skill development and quality education programs that include women and girls, with emphasis on vocational training and technical education to equip the workforce with the skills the rapidly changing job market demands.

India’s rapid population growth is neither a blessing nor a curse, neither utopian opportunity nor dystopian destiny. Instead, it’s a blend of challenges and possibilities. The outcome for people depends on the actions we take and the investments we make.

Conventional investments like ramping up steel production may raise India’s GDP, but won’t by themselves make people happier or healthier, or lead to greater productivity and prosperity in the long run.

For that we’ll need a comprehensive approach, including policies and investments that prioritize SRHR, gender equity, education, and health. That’s the pathway towards beneficial economic growth, sustainable development, and a more balanced, prosperous future.

Taira Bhargava is a Stanback Reproductive Health Research fellow at the Population Institute in Washington, DC. Hailing from New Delhi, India, she is a rising junior at Duke University, studying Human Biology and Environmental Science.

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The UN General Assembly in session. Credit: UN Photo/Manuel Elias

By Thalif Deen
UNITED NATIONS, Jul 31 2023 (IPS)

A rash of military coups in African countries — including Burkina Faso, Sudan, Guinea, Mali, and most recently Niger– has raised a legitimate question: What should be the response of the United Nations, a world body that swears by multi-party democracy, on army take-overs?

Condemnation? Yes.

Last week, the strong denunciations of the coup in Niger came not only from Secretary-General Antonio Guterres and UN High Commissioner for Human Rights Volker Turk — but also from all 15 members of the Security Council in a rare unanimity on a seemingly politically divisive issue.

But what if these military leaders seek to exercise their right to address the upcoming General Assembly sessions, come September?

As the New York Times pointed out July 30, Africa’s coup belt stretches the continent from coast-to-coast that has become “the longest corridor of military rule on Earth”

In a bygone era, the UN provided a platform to at least four such leaders, including Fidel Castro of Cuba, Col Muammar el-Qaddafi of Libya, Amadou Toure of Mali (who assumed power following a coup in 1991 but later served as a democratically elected President), and Jerry Rawlings of Ghana (who seized power in 1979, executed former political leaders but later served as a civilian president voted into power in democratic elections).:

But ironically, there was at least one instance of a Prime Minister from Thailand – a country where military coups once arrived with clockwork frequency — being ousted from power when he was addressing the UN General Assembly rendering him homeless and sending him into political exile in a Middle Eastern country.

The 2006 Thai coup d’état took place on 19 September 2006, when the Royal Thai Army engineered a military take-over against the elected caretaker government of Prime Minister Thaksin Shinawatra.

As a result, there was an unsolicited piece of advice to world leaders visiting New York: If you are heading a politically unstable government, make sure to bring all your military leaders—army, navy and air force chiefs—as members of your delegation to prevent a coup back home during your absence from the country.

Ambassador Anwarul K. Chowdhury, Permanent Representative of Bangladesh to the UN (1996-2001) and Under-Secretary-General of the United Nations (2002-2007), told IPS any group of a few well-meaning countries at the UN, having respect for participatory democracy, should come together proposing a resolution of the General Assembly disbarring leaders of military coups, who overthrew democratically elected governments, from addressing any of the major organs of the UN system, particularly the General Assembly, Security Council, Economic and Social Council (ECOSOC) and the Human Rights Council in Geneva.

“I believe such a resolution would pass with a big majority. We need only a few Member States, believing in democracy. to take that much-needed courageous, resolute, and forward-looking first step. I would look forward to welcoming such a history-making decision by the General Assembly,” he said.

“I would also add that the military leaders should know that the UN would not allow their countries to join any of its peace operations and/or to hold any high office in the UN system. There should be a price that those leaders should pay for their anti-democratic actions,” said Ambassador Chowdhury, President of the UN Security Council (2000 and 2001) and Chairman of the UN’s Budgetary and Administrative Committee (1997-1998).

“In many of my public speeches on multilateralism and effectiveness of the United Nations, which is its most universal manifestation”, he said, “I have repeatedly alerted that ”… I have seen time and again the centrality of the culture of peace and women’s equality in our lives. This realization has now become more pertinent amid the ever-increasing militarism, militarization and weaponization that is destroying both our planet and our people.”

“I believe wholeheartedly that only participatory democracy can effectively and appropriately reflect the true spirit of the UN Charter which begins with the words, “We the peoples …”. Yes, understandably the democratic system has its deficiencies”.

“But is there anything more effective and have more legitimacy in representing the opinion of the peoples of various Member States in this deliberative global parliament?” he asked.

Stephen Zunes, Professor of Politics at the University of San Francisco, told IPS the United Nations was originally founded by the victorious allies in the war against fascism.

While having a democratic government was never a prerequisite for UN membership, the principle that there should be a rule-based international order implied that such principles should also apply to those of member states, he pointed out.

Similarly, the human rights provisions adopted by the United Nations also imply the necessity of democratic governance.

An important first step in living up to its democratic underpinnings would be for the United Nations to bar leaders of military regimes from speaking before the United Nations, said Dr Zunes who has written extensively on the politics of the UN and the Security Council.

“Unfortunately, powerful autocratic governments—like permanent UN Security Council members Russia and China—would likely oppose such a rule”, he said. And the United States, despite its pro-democracy rhetoric, could very well have objections, as well.

“The Biden administration is the world’s biggest supporter of autocratic regimes, providing arms to 57% of the world’s dictatorships. Indeed, Egypt’s General Sisi is the second largest recipient of U.S. military aid, with U.S. taxpayers spending over one billion dollars annually to prop up his military regime which seized power in a bloody military coup in 2013,” declared Dr Zunes.

Meanwhile, in 2004, when the then Organization for African Unity (later African Union) barred coup leaders from participating in African summits, Secretary-General Kofi Annan of Ghana went one step further and said he was hopeful that one day the UN General Assembly would follow in the footsteps of the OAU, and bar leaders of military governments from addressing the General Assembly.

Annan’s proposal was a historic first.

But it never came to pass in an institution where member states, not the Secretary-General, rule the Organization. However, any such move could also come back to haunt member states if, one day, they find themselves representing a country headed by a military leader.

The outspoken Annan, a national of Ghana, also said that “billions of dollars of public funds continue to be stashed away by some African leaders — even while roads are crumbling, health systems are failing, school children have neither books nor desks nor teachers, and phones do not work.”

Needless to say, the UN does not make any distinctions between “benevolent dictators” and “ruthless dictators.” But as an international institution preaching multiparty democracy and free elections, it still condones military leaders by offering them a platform to speak — while wining and dining them during the annual General Assembly sessions.

Asked whether the UN General Assembly should set a new standard, Ambassador Chowdhury said: “yes, of course!”

“This should have been done long ago when our much-loved, much-respected Secretary-General Kofi Annan suggested it at the outset of the new millennium”

That was the appropriate time for such a landmark decision as the African Group, the biggest regional group of UN Member States, would have championed it not only because the African Union’s predecessor OAU had decided in 2004 to bar coup leaders from African summits, but also because the proposal came from a Secretary-General who was a son of Africa, he said.

“We missed that opportunity when a visionary leader of the UN had the courage to suggest that the UN General Assembly should follow Africa’s lead. Two decades have gone by. I cannot envisage any other Secretary-General would have the guts to suggest that publicly,” declared Ambassador Chowdhury.

This article contains excerpts from the recently-released book on the United Nations titled “No Comment – and Don’t Quote Me on That,” available on Amazon. Thalif Deen, who authored the book, is Senior Editor at IPS, an ex-UN staffer and a former member of the Sri Lanka delegation to the UN General Assembly sessions. A Fulbright scholar with a Master’s Degree (MSc) in Journalism from Columbia University, New York, he shared the gold medal twice (2012-2013) for excellence in UN reporting awarded by the UN Correspondents Association (UNCA). The link to Amazon via the author’s website follows:

https://www.rodericgrigson.com/no-comment-by-thalif-deen/

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By Andrew Firmin
LONDON, Jul 28 2023 (IPS)

Nepal is the latest country to join the global wave of marriage equality. On 28 June, its Supreme Court ruled that the government must immediately offer temporary registration of same-sex marriages, pending a change in the law. Around 200 couples reportedly sought to register as soon as the court judgment was made.

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.

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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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