Human Rights Defenders in the Crossfire of Democratic Backsliding

Human Rights Defenders in the Crossfire of Democratic Backsliding

By Odeh Friday

In a world increasingly defined by conflict, human rights violations, and tragic human costs– including economic hardship, detention, judicial intimidation, and loss of life–a disturbing global trend has emerged: the erosion of human rights and the rise of authoritarianism. Democracies, once champions of free speech and open criticism, are today performing a deceitful dance, making it easier for authoritarian governments to suppress dissenting voices. While these systems establish rules to promote stability, economic growth, and citizen engagement, they often result in human rights violations, injustice, inequality, and irresponsible leadership. 

Beyond this facade of progress, various factors systematically erode the rule of law, weakening the protection and efficacy of fundamental human rights. This blurs the distinction between democratic and authoritarian practices, allowing regimes to maintain a veneer of legitimacy while avoiding international criticism. The Carter Center's Human Rights Defenders Forum (2024 HRDF) emphasized this issue of the devastating human cost of global conflicts and human rights violations and the urgent need for diplomacy and peaceful dialogue. Conflicts shrink the civic space by destroying infrastructure, silencing communities, and limiting access to basic services. This leaves citizens helpless to advocate for rights, while weakened governance structures prevent civil society from holding key actors accountable, deepening authoritarianism. 

The erosion of civic space serves as a cautionary tale for the world about the dangers of unchecked conflict and repression.

Growing Challenges Faced by Human Rights Defenders

Globally, human rights defenders (HRDs) are encountering an increasingly hostile environment for themselves and their work. Approximately 85 percent of the world's population lives in nations with inadequate civic space, making activism extremely dangerous. This lack of freedom is particularly obvious in the Sahel, where militarism suffocates civil society. Myanmar also reflects similar repression, alongside the grave human rights violations recorded in Sudan and Ethiopia.      

Women HRDs and LGBTI people are particularly vulnerable; they are targeted due to social stigma and face increasing discrimination, harassment, and abuse on media platforms. This climate of fear takes a toll on their mental health, highlighting the critical link between well-being and human rights work. 

In the face of these escalating threats, with over 80 HRDs from 40 countries dedicated to protecting human rights both locally and worldwide, the HRDF is committed to increasing solidarity among HRDs facing unprecedented challenges. The 2024 HRDF addressed the complexities of today's global human rights scene with the theme "Unchanging Principles for Changing Times." The symposium focused on climate change and environmental justice, digital rights and information integrity, and locally led and inclusive development, all of which are critical battlegrounds in the greater fight for human rights and democratic principles in an ever-changing world. The platform’s solidarity and friendship among participants demonstrated the power of unity and collective action.

The HRDF featured speakers such as Ana Margarita Vijil, a lawyer, political scientist, activist, and director of Unamosnica who led Nicaragua's progressive political party, the Sandinista Renovation Movement, from 2012 to 2017. She faced increasing persecution during the 2018 civic insurrection. Dedicated to peaceful civic opposition in the face of escalating official repression, Vijil was wrongfully detained by Nicaraguan President Daniel Ortega in June 2021. Following a widely criticized trial, she was released by the government in February 2023, only to be deported into exile and stripped of her citizenship and legal identity. With twenty months of solitary confinement, Vijil’s experience underscores the enormous individual cost of human rights activism. 

Similarly, Befekadu Hailu, cofounder of Ethiopia’s Center for the Advancement of Rights and Democracy (CARD), experienced persistent persecution for his advocacy. Hailu underwent four wrongful prosecutions and spent 596 days in jail without ever being convicted—an unsettling reminder of the colossal personal toll that these sorts of injustices can take. Li Yuhan, a human rights lawyer, was imprisoned in China for six and a half years before being released in March 2024. Four Turkish HRDs were arrested in 2017 and released in July 2020 after being wrongfully convicted for baseless charges. 

These stories demonstrate the structural challenges that HRDs encounter. The suspension of the HRDF in 2023 was in solidarity with activists afflicted by crises in Israel, Gaza, Ukraine, and Russia, demonstrating the worldwide effect of this movement. This decision acknowledges the pervasive influence of the global struggle to defend human rights. It advocates for inclusive approaches that equip HRDs with the tools to protect and empower local voices in the pursuit of justice and equality.

Government Suppression of Fundamental Civic Rights

Threats to internet freedom are becoming a prominent tool for authoritarian governments to control digital spaces and suppress dissent. Increasingly, criminal laws are used to silence online criticisms, intimidate political opponents and stifle HRDs. Governments exploit legal frameworks under the guise of national security, cybercrime, or public order to regulate freedom of expression online, surveil citizens, and restrict access to information.  In most cases, this abuse of authority goes beyond maintaining law and order targeting HRDs, journalists, and weakening democratic norms. 

In 2023 alone, there were 283 documented shutdowns in 39 countries, primarily during protests (63 shutdowns in 15 countries), incidents of human rights violations (51 shutdowns in 11 countries), and elections (5 shutdowns in 5 countries). The Internet Society recorded twenty-two deliberate shutdowns in twelve countries during the first quarter of 2024. These shutdowns stifle political discourse, limit access to information, promote censorship, exacerbate economic inequality, and increase digital divides. This, in turn, hampers national growth.      

This troubling tendency reveals governments' eagerness to seize opportunities to consolidate power by enacting measures to maintain control and suppress dissent at the price of fundamental rights. However, the Arab Spring's legacy lives on: the people are able to resist authoritarian governments even in nations where authorities have monopolized media channels and controlled narratives through punitive measures against dissent. Leading diplomatic efforts to counteract systemic manipulation is critical for global human rights and accountability.

With growing concerns for data privacy and protection issues, 156 nations have approved cybercrime legislation, and 137 of 194 have adopted Data Protection Acts to protect citizen privacy. The convergence of data protection, surveillance activities, and cybercrime legislation with the restriction of civic spaces presents a significant challenge. 

In Nigeria, the Lawful Interception of Communications Regulations (2019) conflicted with guaranteed fundamental liberties, raising concerns about privacy rights. Similarly, controversial legislation punishing "offensive communication," "hate or insulting speech," and "misleading or fictitious data" is being enacted in countries such as Uganda (2022), Kenya (2018), Tanzania (2015), and Benin (2018)

With all this, security agencies often exploit such vague laws, severely undermining press freedom and human rights. Journalists exposing corruption are increasingly targeted under these laws. In over forty-five countries, Pegasus spyware, sold to governments for lawful use, has been documented as fueling political persecution of HRDs and journalists. In Nigeria alone, at least 25 journalists have faced prosecution since 2015 under the Cybercrimes Act. States have pretended to show interest in legislation that protects citizens’ right to access information under the guise of national security interests. In Zambia, despite President Hakainde Hichilema's campaign promises to get rid of draconian laws, the Cybercrime Act still, in practice, powers the closing of civic space. 

Negotiations on the proposed United Nations cybercrime treaty have also highlighted tensions between authoritarian governments and liberal democracies, with critics warning that it might justify authoritarian control under the name of cybersecurity and further restrict human liberties. Protecting democracy requires strong digital security, not at the expense of citizen privacy but through clear reporting channels for online threats and abuse.

Opportunities for Reform and Advocacy 

There is still hope despite multi continental democratic backsliding. With adequate collaboration and solidarity, the law—that is frequently employed as an instrument of oppression—could be used as a force for liberation. The 2023 World Justice Project’s Rule of Law index reflects the troubling trend that judicial independence faces: mounting threats further exacerbated by external interference.

Global disparities in the administration of justice must be addressed to guarantee equity for people around the world. It is essential that we strive for a system in which individuals, irrespective of their geographic location, receive equitable legal treatment. For example, in Cambodia, political maneuvers are used to secure impunity for the well-connected and to silence HRDs. Meanwhile, Denmark and Estonia operate a forward-thinking procedure that slashes individual civil case durations. This showcases the worldwide struggle for justice, one in which human rights activists face a difficult battle against state abuse of legal institutions.      

Championing sound legal and policy advocacy is crucial in the fight against authoritarian governments that undermine the rule of law. We can protect civic space and fundamental freedoms around the world by documenting human rights violations and pursuing effective national litigation. During the HRDF, Vince Warren of the Center for Constitutional Rights emphasized the need for cross-country mobilization of HRDs and legal reforms to ensure justice and judicial independence. Warren says, “states don’t have rights; states have power. People have rights.” We need to shift the power from the state to the people, which is essential for stronger democracies. 

Conclusion

HRDs and civil society organizations are essential pillars in advancing democratic values, and their fiduciary role in holding governments accountable cannot be overstated. International support and funding are critical for their effectiveness and safety. Everyone is presented with a unique opportunity to contribute their voice and skills to strengthen global stability and the reinforcement of democratic principles. We can protect fundamental freedoms and make governance work for citizens everywhere by implementing compelling public awareness programmes like Voice2Rep, collaborating within and outside of governments and maintaining a constant feedback loop. In this conflict, compassion and solidarity will be our greatest strengths, ensuring that the principles of peace and justice prevail in challenging circumstances.

Odeh Friday is a distinguished human rights advocate and is Executive Director of Accountability Lab Nigeria. He has a wealth of experience spanning over 12 years in development and humanitarian sectors. His journey includes influential roles with globally recognized organizations such as Save the Children, where he gained profound insights into the complexities of international development. Odeh's leadership has been instrumental in establishing a data and digital rights coalition, engaging over ten civil society organizations (CSOs) in collaborative efforts to champion data protection and digital governance reforms. He actively addresses human rights violations associated with environmental justice in Nigeria's extractive industry and is a crucial member of the Steering Committee on Business and Human Rights. Odeh has participated in the Transparency International School of Integrity and the Dutch Visitors Program on democracy and rule of law. He served as a 2022 Aspen Idea Fellow. Additionally, he led his team to win the MKO Abiola Community Engagement Award at the Community Engagement and Human Rights (CAHR) Awards Africa 2023.

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