活動報告
Defending Democracy and Civic Space in Asia (DDCSA) and Tokyo Democracy Forum (TDF)
2024 年 2 巻 p. 127-133
詳細
2024 年 2 巻 p. 127-133
Defending Democracy and Civic Space in Asia (DDCSA) is a new project organized by JANIC. It commenced in 2022 when we collaborated with 6 civil society organizations in Asia to conduct specific research and implement action-oriented programs. The outcomes of the DDCSA project were presented at the 4th Tokyo Democracy Forum (TDF) held in April 2023.
The objectives of DDCSA are as follows;
1. To promote democracy, human rights, including Business and Human Rights, civic space, and SDG16 by conducting research and advocacy, and by supporting the activities of civil society organizations (CSOs) for effective social change in Asia. We aim to produce at least 4-6 research papers, with a national focus on India, Mongolia, Nepal and Pakistan. Additionally, global development issues such as climate change and gender equality will be addressed.
2. To influence political discussions at UN meetings regarding SDG16 and civic space. We aim to reflect the voices of CSOs during these discussions, especially at the G7 Hiroshima and G20 India Summits, ensuring that CSOs’ recommendations are incorporated into Leaders’ Declarations and the policies and measures of each country in Asia in 2023.
3. To strengthen the capacity of CSOs in Asia, increase their presence in society, and promote human rights and democracy. This will enable CSOs to become stronger partners with governments and corporations.
In 2022, we conducted 6 thematic projects with key implementing partners: Voluntary Action Network in India (India), Center for Human Rights and Development (Mongolia), NGO Federation of Nepal (Nepal), Awaz-CDS Pakistan (Pakistan), Asia Centre (Thailand), and INHURED International (Nepal). We identified areas where we still need support in the contexts of defending democracy and civic space, particularly in different Asian countries. For example, some of our key implementing partners organized social media campaigns through twitter or podcasts to raise awareness of SDG16, or developed the Chapter of Demand for Civic Space. Such engagement with various segments of society can be applied to different countries, following one or two successful stories. Further analysis is needed on policies that restrict the work of rights-based organizations. We aim to sensitize parliamentarians and other policymakers to make favorable amendments to these policies. Since many small and medium-sized CSOs struggle to fully comply with the clauses of these policies, initiatives for CSO sensitization and capacity enhancement are essential. CSOs also lack capacity in human rights-based approaches and development practices; therefore, their capacity-building interventions should be considered for the next phase.
One notable research project has been conducted by Asia Centre. Southeast Asia continues to grapple with various challenges related to free and fair elections as an indicator of democracy. Since 2020, a new round of elections has been underway in Cambodia, Malaysia, Myanmar, the Philippines, Singapore and Timor-Leste. Whenever a country enters an election cycle, there has been an introduction or amendment of political party laws, election advertising laws, fake news laws, and laws governing political donations, all of which hinder the conduct of free and fair elections. Anti-democratic populist movements, employing disinformation campaigns over social media, have also drowned out the much-needed civic participation in politics. Another concerning trend is the post-election occurrence of military coup d'état, regime change uprisings, and election annulment by partial election commissions, leading to poor electoral integrity overall. This research project delves into the emerging issues and trends related to democracy and elections in Southeast Asia, identifying intervention and advocacy points. The results of these research projects were presented at the Tokyo Democracy Forum (TDF).
Tokyo Democracy Forum (TDF) is an annual event organized by JANIC, providing opportunities for CSOs actively engaged in defending democracy and civic space, as well as promoting democratic governance, to gather, learn and interact. Inspired by the Busan Democracy Forum (BuDF) and Ulaanbaatar Democracy Forum (UBDF), organized by the Permanent Secretariat of the Community of Democracies (PSCoD) and Asia Democracy Network (ADN) in January 2018 and February 2019, respectively, the TDF aims to facilitate dialogue and collaboration among CSOs.
The first TDF took place in April 2019 on the sidelines of the Civil 20 (C20) Summit, in collaboration with the PSCoD, ADN, Asia Development Alliance (ADA), and Friedrich-Ebert-Foundation (FES). The event aimed to review and discuss progress and challenges within each target of SDG16, emphasizing the importance of protecting civic space for addressing global issues, as would be discussed at the G20 meeting. The “Tokyo Declaration on Peace, Human Rights and Democratic Governance: Towards Improvement of Civic Space for the SDG 16+” was adopted1) as part of the C20 Policy Pack 20192).
The 2nd TDF was held virtually on 15 and 16 February 2021 due to the COVID-19 pandemic, following up on the Kathmandu Democracy Forum 20203). 14 CSOs and researchers from across Asia discussed strategies for securing democratic and civic space in the face of the pandemic4). The “10 Recommendations for Action5)” was published as an outcome document, reflecting suggestions from presenters.
The 3rd TDF, organized virtually on 14 and 15 February 2022 in partnership with ADN and ADA, gathered 13 CSOs and researchers from across Asia. Based on the results of a survey of civic space in 10 Asian countries, discussions focused on securing democratic and civic space during the COVID-19 pandemic with a specific emphasis on SDG16+. The presenters and organizers adopted “10 Recommendations for Action”, based on a survey, research and discussions addressing challenges, threats and oppression faced by CSOs and civic space, as well as opportunities and strategies for international engagement on democracy, human rights and SDGs in Asia6).
The 4th TDF was organized in a hybrid mode on 12 April 2023, coinciding with the C7 (Civil7) Summit. C7 is an official Engagement Group of the G7, and the Government of Japan hosted the G7 Hiroshima Summit in May 2023. JANIC invited 6 key implementing partners from Asia, who presented their project findings on defending democracy and civic space in Asia, following suggested topics led by session moderators.
During the opening panel, Jamila Asanova, Chair of ADA, discussed Asian perspectives on democracy, highlighting recent incidents in Asia, including Hong Kong, Myanmar, Afghanistan etc. She questioned if authoritarian governments handled the COVID-19 pandemic better than democratic governments, and suggested that since Asia is an economically dynamic region, democratic innovation should be integrated into democratic governance, centering on peoples’ needs. She cited participatory budgeting as an example of such democratic governance.
Anselmo Lee, Regional Coordinator of Asia Civil Society Partnership for Sustainable Development (APSD)7), emphasized the shifting landscape of democracy in the Asian region. Lee referred to international comparative data from the Global State of Democracy by International IDEA, and Civic Space Monitor by CIVICUS. He also introduced key assessments using Chat GPT, a recently launched generative AI, to address major threats to democracy in Asia, along with opportunities and strategies for civil society participants. Lee asserted that democracy is essential for achieving sustainable development, and vice versa, emphasizing the need to integrate democratic governance, SDGs, and civic space issues into every aspect of CSO activities.
Narayan Adhikari, Nepal’s Country Director of Accountability Lab and the Coordinator of C7 Open and Resilient Societies Working Group, stated that democracy is not easy to define, emphasizing that it is not just a compilation of good laws but a process that improves everyone’s lives. Adhikari noted that laws are not always beneficial; for example, in Bangladesh, freedom of expression or media freedom is constrained by Security Acts. He stressed that, although fighting corruption is a lengthy process, strengthening democracy is crucial for the lives of those in the most vulnerable situations. Adhikari concluded by presenting key recommendations from the C7 Open and Resilient Societies Working Group, which were formulated with diversity and presentation considerations.
During Session 1 and 2, key implementing partners presented highlights and findings based on their DDCSA projects. Hemal Kamat, a Board member of VANI, introduced VANI’s Social Media Campaign, a series of five social media posts aimed at creating awareness about SDG16 and generating interest in the role that CSOs may play in advancing it. The campaign informed CSOs about the importance of strengthening leadership to respond to humanitarian issues, emphasizing that this could only be achieved through creating awareness and enhancing partnerships among CSOs. The campaign's objective was to instill a spirit of collective action and ownership among CSOs, highlighting the need for their active participation in uplifting human rights and emphasizing that sustainable development cannot be achieved without ensuring civil and political rights.
Bilguun Tumurbaatar, Center for Human Rights and Development (CHRD), summarized the civic space survey conducted in Mongolia. The results revealed variations in the civic space situation across different regions in the country. Civic space was found to be more open in Ulaanbaatar city compared to provincial centres and soums. As a result, there is a need to provide more support for CSOs in provinces, especially in soums, to protect civic space. Bilguun also introduced follow-up actions, including the development of policy regulations to create enabling environment for CSOs, reflecting these regulations in newly developing laws, and the formulation and passage of a law on NGOs with the full and equal participation of all parties, in accordance with recommendations from the Universal Periodic Review (UPR), Open Government Partnership (OGP), and Financial Action Task Force (FATF).
Arjun Bhattarai, Secretary General of the NGO Federation of Nepal (NFN), explained how recent tax reforms have impacted the activities of CSOs. For example, the government introduced a new provision requiring the renewal of certificates each year, resulting in 90% of NGOs being unable to renew certificates due to complicated procedures. Bhattarai proposed several recommendations, including the followings: 1) Tax policies and regulations should be formulated under the concept of a one-door policy and digital governance, 2) the government should conduct a comprehensive review of all existing laws and policies related to CSOs and NGOs to address various challenges, including those related to value added tax (VAT).
Zia Ur Rehman, Founder & Chief Executive of Awaz Foundation Pakistan, Center for Development Services, highlighted the challenges facing civic rights and spaces in Pakistan. For the last one decade, there has been significant strain on civic rights and spaces in the country, with the introduction and implementation of new regulatory frameworks and policies aimed at regulating and controlling international and local NGOs. The sector has been burdened by overlapping policies and compliance requirements, leading deregistratino of more than 20,000 NGOs/community-based organizations (CBOs) in recent years. In general, the government and security agencies tend to view NGOs as anti-national, anti-religion, and anti-cultural. Rehman recommended that local CSOs/NGOs should be granted the freedom to work anywhere in Pakistan on various human rights and civic rights challenges or issues. Additionally, he suggested the establishment of a coordination committee among various registration and regulation departments, meeting periodically to discuss ways to better facilitate NGOs.
James Gomez, Regional Director of Asia Centre, explained that several governments in Southeast Asia are enacting Foreign Interference Laws to eliminate any form of support that could enhance and fortify resilience towards democracy. To convey the narratives surrounding these laws, Asia Centre developed infographics and videos. Additionally, the organization organized 4 podcast sessions that shed light on distinct situations in the region, specifically focusing on Cambodia, Vietnam, Myanmar, Thailand, Singapore, and the Philippines.
Gopal Krishna Siwakoti, President of INHURED International, presented a study on Regional Human Rights Instruments (RHRIs) to unveil key comparative characteristics. The study examined RHRIs across different regions, including Europe, the Americas, Africa, Arab States, and Asia-Pacific (ASEAN), comparing their inclusion of Inter-state complaints, Individual complaints, and Regular Reports. In Europe, all three components are present in their RHRIs. Conversely, ASEAN lacks Inter-state complaints, individual complaints, and regular reports. The RHRIs in Europe and the Americas are well-equipped, sophisticated and efficient, with established protocols ensuring the implementation of agreements through a judicial process, despite some drawbacks. In Africa, although all essential elements of an effective regional HR mechanism are in place, the system faces structural constraints that reduce its effectiveness from political, financial and professional support perspectives. The Arab human rights protection mechanism, not strictly a regional mechanism, is founded on fundamental ideas of the nation’s particular identity, religion, heritage, and unity, potentially conflicting with international HR norms. The research emphasizes that the Asia-Pacific region remains the only one without a UN-defined regional instrument, citing a lack of political will and cultural/political diversity as key obstacles to slow and weak performance in the region.
The 6 research projects of DDCSA2023 are as follows.
1. Voluntary Action Network in India (India) - Analyzing and advocating role of CSOs on National Guidelines for Ethical Business Behavior
2. Center for Human Rights and Development (Mongolia) - Community Research and Advocacy for National Action Plan on Business and Human Rights
3. NGO Federation of Nepal (Nepal) - Assessment on Roles of Stakeholders Engagement in NAP on Business and Human Rights in Nepal
4. AwazCDS Pakistan (Pakistan) - Pakistan Civic Space Monitor
5. Asia Centre - Electoral Disinformation in Cambodia
6. INHURED International - Climate Calamity: Access to Justice for Loss and Damage
The brief descriptions and objectives by each project are as follows.
1. Voluntary Action Network in India (India) - Analyzing and advocating role of CSOs on National Guidelines for Ethical Business Behavior
In recent years, the role of business has increased in socio-economic dimensions of society which in turn put the behavior of business in the center of attention. Eventually its ethical behavior came under the lens. There has been consistent pressure on governments and regulatory bodies to formulate policies and guidelines to ensure that business follows ethical practices. The Ministry of Corporate Affairs (MCA) of India, has developed the "National Guidelines for Ethical Business Behaviour" to provide a framework for businesses to adhere to ethical standards. However, the implementation and enforcement of these guidelines require collective efforts from various stakeholders, including media, CSOs and industrial peers. VANI was part of the high-powered committee formed by Government India to draft above stated guidelines. This research proposal aims to take stock of status, analyze, strengthen and advocate the role of CSOs in promoting ethical business behavior. In the world wherein boundaries of corporate operations are diminishing there is need to develop global understanding towards building a similar framework.
The main objectives of this research are as follows: a) To examine the current state of ethical business behavior in the context of the national guidelines. b) To explore the existing roles and contributions of CSOs in promoting ethical practices in the corporate sector. c) To assess the effectiveness of CSOs' initiatives and interventions in influencing business behavior and enhancing compliance with ethical guidelines. d) To identify best practices and strategies employed by CSOs that can be replicated or scaled up for broader impact. e) To formulate recommendations for policymakers, CSOs, and other relevant stakeholders to strengthen the collaboration between CSOs and the government in promoting ethical business behavior.
The study shall aid in creating awareness of CSO at different levels. It shall help in generating awareness among different stakeholders including CSO leaders, corporate leaders heads, thematic experts, professionals’ representatives of academic institutions and so on.
2. Center for Human Rights and Development (Mongolia) - Community Research and Advocacy for National Action Plan on Business and Human Rights
The Government of Mongolia approved a National Action Plan (NAP) on Business and Human Rights on June 14, 2023. The plan will be implemented for 2023-2027. There is a need to contribute to raising public awareness on the national action plan especially at subnational level to promote the NAP for its effective implementation. The project aims to involve local communities to mobilize for implementation of the NAP.
The objectives of this projects are; 1) Raise awareness of the local community leaders of the UN Guiding Principles on Business and Human Rights and National Action Plan on Business and Huma Rights, 2) Build capacity of the local community leaders in conducting community lead research on human rights in general and on business and human rights in particular, 3) Initiate community advocacy for implementation of the National Action Plan on Business and Human Rights.
3. NGO Federation of Nepal (Nepal) - Assessment on Roles of Stakeholders Engagement in NAP on Business and Human Rights in Nepal
The government of Nepal began a process to develop a Business and Human Rights National Action Plan (NAP) in September 2020. The Ministry of Labour, Employment and Social Security (MoLESS) is leading the process. In May 2023, a draft NAP was shared for consultation with stakeholders. It is expected that a finalized BHR NAP will be adopted in the end of 2023.
It is essential for all stakeholders, including CSOs, to be involved in the development, implementation, and monitoring of these plans. However, in some cases, stakeholders have not been adequately engaged in the NAP-making process.
However, CSOs, human rights defenders and all stakeholders' roles are very crucial and should put more effort on conceptual clarity, capacity building, awareness at all levels and to multi-stakeholders including CSOs, business communities, development partners, media including and community members.
Therefore, this assessment aims to explore how stakeholders are engaged in the NAP on Business and Human Rights in Nepal.
The research objective is to reflect the roles of stakeholders in the NAP on Business and Human Rights and to promote the business and human rights in Nepal. The research project will contribute to increasing understanding and acceptability among stakeholders on the UN Guiding Principles based Business and human rights provisions in Nepal. The assessment will not only analyze the situation of stakeholder engagement but also find out the gaps and recommendations as well as a way forward for effective implementation of the NAP.
4. AwazCDS Pakistan (Pakistan) - Pakistan Civic Space Monitor
Civil society in Pakistan has been under attack for the last many years especially after the Osama Bin Laden incident in 2011 and the launch of FATF policies in 2016. Pakistan is out of the gray list since June 2022, however, the stringent policies towards the local and global civil society organizations are continuing.
The Pakistan Civic Space Monitor (PCSM) is at its nascent stage now. The current PCSM shows that civic space in Pakistan is immensely Obstructed with 41 scores. Whereas the Global CIVICUS Monitor shows that civic space in Pakistan is Repressed with 30 scores. CIVICUS Monitor receives queries regarding its composition and how the score was calculated. PCSM results are based upon the responses of informed CSOs and related stakeholders. Therefore it has greater credibility and acceptance among government departments, security agencies and political parties. Related government departments and security agencies also term it a foreign agenda.
During the previous conversations among CSOs and other related stakeholders, it was decided that there is a lack of understanding and capacity of related organizations and their workers to follow the policies of the government. However, the government has again introduced NGO Policy in November 2022 after certain amendments after it was struck down by the Sindh High Court. The civil society organizations receiving foreign contributions as well as international NGOs have rejected the new policy therefore a continuous struggle is needed to push governments to follow friendly policies to create civic rights and spaces. General elections are also expected in the country in October and November 2023. This is high time for civil society to bring the agenda of ailing civic rights and spaces in Pakistan and push political parties to commit to enabling environment for CSOs in their political manifestos. In the meanwhile there is also a great need to further strengthen the PCSM by launching a survey in August/September 2023 to see the progress or deterioration in the civic spaces situation in Pakistan.
The main objectives of this projects are as follows; 1) Strengthen the PCSM further by launching civic space survey in 2023, 2) Create enabling environment for rights based civil society to operate and flourish in the country; and 3) Build the capacity of CSOs and related government officials on rights based agendas.
5. Asia Centre - Electoral Disinformation in Cambodia
Electoral integrity is fading in Cambodia. According to the Electoral Integrity Index, which evaluates the pre-electoral period, campaigning, election days, and post-election weeks from 2012 to 2021, Cambodia ranks the lowest in electoral integrity at 29 out of 100 when compared to other Southeast Asian countries. This indicates that the quality of elections in this country needs to be improved.
The decline in electoral integrity in Cambodia can be attributed to several factors. One of them is the lack of a level playing field for political competition. The ruling party, Cambodian People's Party (CPP), has been accused of utilizing its influence to use the law to manipulate the electoral process and maintain a firm grip on power. There have been allegations of gerrymandering, where electoral boundaries are manipulated to favor the ruling party's chances of winning seats. There have also been restrictions imposed on opposition parties, such as legal challenges, disqualifications, and the dissolution of political parties, which have limited their ability to participate in elections. The latest example concerns the Candlelight Party, the main opposition party contesting the upcoming general election in July. In addition, cases of voter intimidation are not uncommon. In the context of the elements shaping electoral dynamics, Cambodia’s relations with foreign governments are not to be ignored as bilateral ties with regional governments risk being politicized for electoral gains.
Restrictions on freedom of expression, assembly, and association have impacted electoral integrity by limiting the engagement of opposition parties and civil society organizations in political activities and support mobilization. Investigating the causes of poor electoral integrity is crucial for developing effective strategies to ensure high-quality elections and robust democratic governance. This investigation is essential as it establishes a fair framework for electoral laws and ensures trustworthy, transparent, free, and fair elections. Meeting integrity standards allows people's preferences to influence policy outcomes, promoting accountability and responsiveness, which are fundamental principles of democracy. Furthermore, electoral integrity fosters confidence in governmental and electoral institutions, thereby legitimizing them.
The main objectives of this projects are as follows; 1) Undertake a comprehensive baseline study to examine patterns of electoral disinformation and their effects on electoral integrity and democracy in Cambodia; 2) Implement capacity building activities with advocacy meetings with relevant stakeholders to strengthen electoral integrity in the country and submissions to the relevant UN agencies and mechanisms; and 3) Execute public engagement activities through a launch event for the report, media outlets interviews and commentaries, and developing and disseminating content such as infographics and animated videos through social media.
6. INHURED International - Climate Calamity: Access to Justice for Loss and Damage
In the UN climate negotiations, the phrase "loss and damage" is used to refer generally to the effects of climate change that are beyond human capacity for adaptation or when choices are available but a community lacks the resources to access or take advantage of them. This can involve the destruction of coastal historic sites as a result of rising sea levels or the loss of life and houses due to severe flooding. The UN has not yet established a formal definition of loss and damage. Loss and destruction affect vulnerable populations the most and will continue to do so, making a solution a matter of climate justice. However, the topic has a long history of causing conflict both inside and outside of the UN climate negotiations.
Loss and damage can be caused by slow-onset changes including sea level rise, desertification, glacier retreat, land degradation, ocean acidification, and salinization as well as catastrophic weather events like cyclones, droughts, and heatwaves. Damages can sometimes result in a location being permanently changed; for instance, low-lying islands may be swallowed up by rising seas, freshwater supplies may be reduced due to a drought, and once-productive farmland may become desolate. Communities are particularly vulnerable to suffering loss and harm when climate change impacts exceed their capacity for adaptation, whether as a result of a lack of funding for adaptation or the absence of practical strategies.
Although there is overlap between the two, the losses caused by the consequences of climate change can be classified into economic losses and non-economic losses. Economic losses and damages are those that affect the resources, goods, and services that are frequently exchanged in markets, such as destruction of vital property and infrastructure or interruptions to the supply chain. This may have effects on specific farmers or communities at the local or national level.
The followings are the main objectives of the study project; 1) To assess loss and damages associated with the adverse effects of climate change on over all socio-economic rights, ecosystem, disaster displacement and protection of vulnerable people with a view to sensitize stakeholders for accountability; 2) To stock-take on the on-going UN Framework Convention on Climate Change (UNFCCC) / Conference of the Parties (COP) process on climate change adaptation strategies and loss and damage initiatives as well as their synthesis at various levels with emblematic case studies; 3) To explore appropriate avenues in seeking redress to gain justice on the foundation of human rights safeguards regarding various legal measures as enshrined in the international treaties, instruments, conventions and other arrangements, constitution, laws and policies.
