FEB/APR 2021 ILLIBERAL DEMOCRACY

Cover by Marija Staneviciute

The New Global Order

[email protected] Rome, Italy www.thenewglobalorder.com 22 June 2021

2

TABLE OF CONTENTS

Preface ______1

Death and Detention: The Price that Journalists Pay in Democracies ______2

Myanmar Military Coup: An Ensuing Crisis of Democracy ______8

Trans Lives in the Visegrad Four: An Overview ______13

Russian Protest: Anti-Corruption, Pro-Navalny, and Violent ______17

Navalny: Harbinger of Democracy or Flash in the Pan? ______22

I S S U E 2 ILLIBERAL DEMOCRACY 2021

1

PREFACE

About The New Global Order The New Global Order (TNGO) is an international, independent, nonprofit think tank founded in 2018. TNGO stems from the need of young and politically active people, such as the team of collaborators that work on this project, and from the hope of being able to make discussion spring from simple comments to articles, opinions or thoughts on current global phenomena.

The New Global Order writers, editors, and contributors are independent authors of original contents, with the mission of pursuing a more authentic paradigm of journalism vis-à-vis the brutalization of mass-media communication and news outlets.

The February/April 2021 Issue With the COVID-19 pandemic challenging polities through economic recession and growing political tensions, the spread and rise of illiberal democracy has continued throughout the first half of 2021.

The second ever issue of TNGO is a collection of selected articles and analyses published by the think tank in the period February-April 2021, encompassing political trajectories of democracies worldwide in the struggle between the pitfalls endangering civil and political liberties and widespread reactions from the civil society.

Acknowledgements The present issue features pieces written by Political Analysts Erika Fedorova, Luca De Cristofaro, Arianna Babraj and Shary Mitidieri. The original cover for the issue was made by Marija Staneviciute. Original illustrations for the article Trans Lives In The Visegrad Four: An Overview was made by Rossella Gangi. Editors Filippo Romeo Angeli, Clara Browne-Amorim, Giacomo Di Capua, Arianna Babraj and Matthew Lynes have contributed to the revision of this issue. The final formatting of the issue was made by Editor in Chief Giacomo Di Capua.

For questions or further information, please email [email protected].

I S S U E 2 ILLIBERAL DEMOCRACY 2021 2

DEATH AND DETENTION: THE PRICE THAT JOURNALISTS PAY IN DEMOCRACIES By Erika Fedorova | May 13, 2021

Since 1993, 1,439 journalists have been the Caribbean region represented 40% of killed across the world over their work. One killings in 2019; Asia and the Pacific region hundred fifty-six of these deaths occurred represented 26%; West Asia and North between 2018 and 2019, with an additional Africa represented 18%. 42 deaths in 2020. In the region of West Asia and North Africa, with numbers Despite being democracies, Mexico, Brazil, peaking in Iraq, Syria, Algeria, and and the Philippines are among the countries Afghanistan are countries with the highest with the highest number of journalist number of journalists killed. Although, deaths. If not killed, many journalists are countries such as Mexico, Honduras, subject to varying threats and punishments, Colombia, and Brazil, in Latin America and such as detainment or public defamation. the Caribbean, as well as the Philippines and India, have had increased journalist The majority of journalists’ deaths occur deaths in recent years. Latin America and outside of armed conflict and terror attacks. Many journalists are killed at their offices, I S S U E 2 ILLIBERAL DEMOCRACY 2021 3

while working on specific assignments, such journalists? Jonathan A. Solis points to the as investigative reports, and while covering press safety paradox. A democracy’s domestic protests. Some are also killed openness and enablement of journalists to outside of their specific work context, such speak and disperse information freely as at their home. The victims tend to be local heighten the risk of them being to the area where they are killed. Many are harmed/killed for their work. This is political journalists. Hence, these deaths because this freedom empowers journalists contribute to the alarming trend of to investigate sensitive topics, which begin journalist killings by central governments, to pertain to issues like government or government-linked groups, as a result of corruption. As a result, journalists are killed reporting on internal political crises, such as for unearthing such issues. corruption and human rights abuses.

Linked to this is also the issue of impunity. JOURNALISTS KILLED ON Rarely do cases of journalist deaths achieve justice for the victims. However, there has THE STREETS OF MEXICO been a slight increase in cases being resolved in recent years. In 2018, 11% of Mexico is one example of a democracy journalist deaths were resolved; this rose to demonstrating the press-safety paradox. 12% in 2019, and 13% in 2020. Initiatives by The country has become notorious for its international organizations, like the UN, journalist deaths. In 2020, Mexico had the have worked to curtail impunity in cases of highest death toll in the world, with 14 journalists killed. Its democratic image has journalist deaths. become tarnished by cases of native journalists being either attacked or killed THE PRESS-SAFETY for their reporting. This work usually involves revealing the practices of organized PARADOX crime groups however, many have also been found to have been reporting on crime and Journalist killings in democracies are corruption by the government. violations of those very democracies. The role that journalists perform in democratic Mexico also has one of the highest rates of societies, including the sharing of political impunity over journalists’ deaths in the information and scrutiny of public offices, is world. Over 90% of cases are unresolved. viewed as crucial to upholding the This is contributed to by frequently negative democratic elements of such societies. sentiment by the government, Where journalist deaths do occur in such namely President Andrés Manuel López democracies, governments are expected to Obrador. Obrador’s administration has implement protective instruments that attacked the country’s media workers in the safeguard journalists, allowing them to past for supposed false reporting. Yet, it has continue performing their role, and in turn, simultaneously recognized violence against safeguarding democracy. journalists in the country, pledging to put an end to it. This has done little to end such Scholarship outlines that countries’ violence, however, as cases continue to rise. protective mechanisms for journalists, their Moreover, several of these cases still reveal citizens’ demand for information, and the connections between journalist deaths and perception that journalists safeguard public officials. democracy, should lead to fewer journalists being killed for their work. However, does One of the most recent cases occurred in this concern the same democracies whose March 2021, when co-founder and editor of leaders are the ones killing La Prensa de Tlaxcala, Alberto Amaro

I S S U E 2 ILLIBERAL DEMOCRACY 2021 4

Jordán, was almost driven off a road in Tetla A prominent case resurfaced in late 2020. A de la Solidaridad. Although not a death, this reporter for the newspaper La case reveals the high level of threat Amaro, Jornada, Miroslava Breach Velducea, was a journalist, faced at the hands of a public killed by an unknown shooter near her official. The driver of the attacking vehicle home in Chihuahua, in March 2017. This was identified as the mayor of Tetla de la followed a series of anonymous threats, Solidaridad: Eleazar Molina Pérez. The which Breach received as a result of her incident followed Amaro’s reporting on the reporting work. Authorities linked the mayor in the run-up to elections for federal attack to a local criminal group, Los Salazar, congress, and his alleged links to corruption which Breach was reporting on for trying to in property investment. Once identified, get its members elected as mayors around Molina was taken to a local state prosecutor. the state. A development in December 2020 revealed that one of the suspects in However, he was released without being the murder, Hugo Amed S., former mayor of charged. Not only does this case depict the Chínipas, was arrested. Amed was danger journalists face for reporting on suspected to have been passing on corruption by elected officials, but it also information about the Breach to the gang, contributes to the country’s high level of yet again proving the corrupt connections impunity. Although, the attack is relatively that continue to exist between officials and recent; organizational pressure may criminals in the country. promise accountability. Lydia Cacho underwent severe abuse for her work. In 2005, she published a book

I S S U E 2 ILLIBERAL DEMOCRACY 2021 5

revealing a child pornography ring in which strengthened rights for media Mexico, to which she connected several workers and created space for free speech. politicians. Cacho was detained in the state of Puebla for alleged defamation. She was tortured while in police custody. In February 2020, Mexican authorities arrested Mario Marín, the governor of Puebla at the time of Cacho’s arrest and a culprit in her treatment. Former Puebla public security secretary Adolfo Karam is also believed to be responsible but has not been arrested yet.

Most journalist deaths in Mexico have, however, been exclusively linked to criminal gangs. One example is the death of Jorge Myanmar has a relatively fresh relationship Miguel Armenta Ávalos, who was shot by a with democracy, one which became recently group of men in Cajeme. Armenta and his destabilized. Nevertheless, the influence of staff had been reporting on violence and figures like Aung San Suu Kyi has murders by criminal gangs in the local area. empowered Myanmar’s civilians to enact The Mexican Government, through its their democratic rights. With this, a Federal Mechanism for the Protection of transition into a democratically elected Journalists, publicly condemned the killing, government has also empowered calling for clarification on the case. democratic institutions in the country, one of which is journalism.

JOURNALISTS DETAINED This empowerment was exemplified at protests across the country, as civilians AT PROTESTS IN remained vocal in demanding that the MYANMAR military Government reinstate Suu Kyi’s party, the National League for Democracy. Although not all journalists targeted by Journalists played a crucial role in not only governments are killed, many are still transmitting information about the military prosecuted. The ‘hot spots’ for these arrests coup and ensuing protests across the in democracies tend to be large-scale country and internationally but also protest movements. Recent protests strengthening the demands of protestors by occurring in Myanmar, against the February giving them a platform. Performing such military coup, have contributed to a roles, journalists in the country are still worldwide pattern of journalists being fighting to maintain democratic principles arrested for reporting on such and, in this fight, are empowered by Suu events. Myanmar’s military leaders have Kyi’s democratic movement. For this ordered several journalists to be detained reason, many continue to be prosecuted by for being present at protests and reporting the country’s military leaders. on them. These detainments have been enacted under laws banning the spreading PROTECTION of ‘false’ information. Such prosecutions have therefore countered the progress that MECHANISMS Myanmar has made in parting with its media repression – progress landmarked by Protection mechanisms for journalists are initiatives like the 2014 News Media Law, rooted in democratic principles. The UN

I S S U E 2 ILLIBERAL DEMOCRACY 2021 6

Plan of Action on the Safety of Journalists continue to decline. 2020 had the lowest and the Issue of Impunity stresses the number of journalist deaths, 42; a further priority to create a free and safe decline from 2019’s 57 deaths. However, environment for journalists around the governments and ruling groups who tend to world. An overarching purpose for this is to violate journalistic, and hence democratic, strengthen democracy. The Plan states a principles may simply become more covert commitment to help countries develop in their methods. Furthermore, as the mechanisms to accommodate freedom of press-safety paradox highlights, the risk to expression and freedom of information – report remains in a free and open two key pillars of a democratic society. It democracy, discouraging more journalists also aims to lower impunity for crimes from doing their work. against journalists. This is outlined by encouraging states to be active in resolving cases of journalist deaths and responsive to Although instruments like the UN Plan of the UN in providing answers for these cases. Action still raise some doubts about their Tackling impunity, therefore, intends to success in protecting journalists, it was only heighten transparency and accountability – in recent years that the phenomenon of not just within a case itself, but also within journalist deaths gained such high-profile a government responsible for delivering institutional recognition. Yet, this has justice and setting a precedent for a state’s promptly succeeded in raising global respect for democratic principles. awareness of the plight of journalists, the varying contexts in which attacks occur, and Through re-asserting the key role that the link journalists create to the journalism plays in strengthening preservation of democracy. One major democratic societies, the Plan shows that contributor to this raised awareness has attacks on journalists are themselves been the recognition that most journalist violations of democratic principles, and attacks occur internally within a state, their aftermath can be too if not resolved against local media workers, rather than accordingly. Increasingly institutionalized against foreign reporters covering recognition of journalist deaths, with a international cases, which typically gain the focus on journalists’ role in cultivating most public attention. This, therefore, democracy, puts more organizational increases public discourse on the press- pressure on governments to respect and safety paradox and how states’ internal protect their country’s journalists. At best, democratic instruments are either upheld attacks against journalists worldwide will or violated.

Photo footage (1) Cover picture: A demonstration against the killing of journalists in Mexico. Source: The Knight Foundation (2) Protestors holding images of murdered journalist Miroslava Breach Velducea. Source: Reuters (3) Journalists covering Myanmar protests running from police Source: Reuters

I S S U E 2 ILLIBERAL DEMOCRACY 2021 8

MYANMAR MILITARY COUP: AN ENSUING CRISIS OF DEMOCRACY By Erika Fedorova | May 12, 202

On February 1, the Myanmar military enacted a coup d’état against the governing LEADING UP TO A National League for Democracy (NLD). The MILITARY COUP party’s leadership, including former State Counsellor of Myanmar, Aung San Suu Kyi, Myanmar military’s coup was a and former President, Win Myint, are still in demonstration against the country’s detainment. The military, led by General November 2020 general election. In the Min Aung Hlaing, currently controls the election, the NLD won a majority of seats in government, having declared a year-long both houses of parliament and hence, the state of emergency. The country is now in a mandate to form government. The military democratic crisis; each side alleges immediately contested the result, claiming violations of a relatively recent, fragile that the opposition, the Union Solidarity democracy. Added to this is intensified civil and Development Party (USDP), was the unrest, as protests against the military have rightful winner. The claims were based on persisted across the country and Min Aung allegations of ‘irregularities’ in the voting Hlaing’s government has continued to crack process, amounting to an undemocratic down on the civilians calling for the NLD to election. be reinstated.

I S S U E 2 ILLIBERAL DEMOCRACY 2021 9

Myanmar’s former President, and former However, the military’s motive extends general of the military, Thein Sein, currently farther than the 2020 election. The NLD’s leads the military’s favored party: the rule posed a conflict of interest with the USDP. The Party became regarded as an increasingly side-lined military. The coup is avenue for members of Myanmar’s military largely seen as an undemocratic response to to enter government. On the other hand, the Aung Sang Suu Kyi’s undemocratic arrival NLD also posed a rising threat to the to power in the first place. Her position as military, with Aung San Suu Kyi, a State Counsellor, essentially the leader of prominent anti-military rule activist and Myanmar, was regarded as a sidestep pioneer of democracy, at the forefront. around the military-drafted constitution, Election results confirmed that the NLD which specifically highlighted that those remained popular among Myanmar’s with foreign family members (Suu Kyi was people, maintaining Suu Kyi’s continued widowed by a British husband) were not status as a favorable leader for a country allowed to be President. Furthermore, the recovering from military dictatorship. coup re-instated military dominance following several NLD proposals to reduce After failing to contest the results with the military power in the country. Such Union Election Commission (UEC), proposals included the revision of the however, Myanmar’s military imposed a military’s hold of a quarter of seats in state coup. Fears of a state coup were parliament. The coup, therefore, answered already prevalent in January, especially to perceived violations of the military’s own after General Aung Hlaing suggested democratic instruments by the NLD and revoking the country’s constitution under Aung San Suu Kyi. certain circumstances. Military chiefs attempted to alleviate these fears, however, assuring they will abide by the constitution. Nevertheless, a state coup was enforced shortly after, with the military claiming it to be constitutional. This stand against NLD rule also symbolized a refusal to accept further decline to the military’s power in the country. Now at the helm of government again, the military has suppressed the democratic movement led by Aung San Suu Kyi, while claiming to be acting democratically.

A CRISIS OF DEMOCRACY In spite of this, the majority of Myanmar’s population continues to vocalize its support At the core of the military coup and the clash for the NLD, and especially Aung San Suu between Myanmar’s competing regimes is a Kyi. Following encouragement from the crisis of democracy. The military move to party itself, protests across the country have overhaul the NLD was rooted in allegations been demanding that the NLD be reinstated of election fraud. The new junta government into government. Considering the role she maintains that the election process and its played in scaling down the military’s power results were undemocratic, stemming from in Myanmar, and consequently instilling a culmination of factors such as poor- civic rule through the NLD, Aung San Suu quality ballot boxes. Hence, the election was Kyi is widely regarded as seen as declared fraudulent. spearheading Myanmar’s democratic milestones, and hence a favorable leader for

I S S U E 2 ILLIBERAL DEMOCRACY 2021 10

the country. In contrast, Min Aung Hlaing, While this would leave some possibility for as a military general, represents the Aung San Suu Kyi and the NLD to oppressive instruments of authoritarian eventually regain leadership of the country, military rule that have kept Myanmar from the dialogue surrounding the military’s democratizing for decades. planned future election largely avoids the prospect of NLD rule. Min Aung Although refusing to respond to civilian Hlaing’s assertion that the coup was demands, the military asserts that its inevitable and necessary for the military to priorities during the state of emergency will “steer the country” suggests he no longer be to unearth the alleged election fraud and sees a pathway for Myanmar to include the manage the COVID-19 pandemic. Despite leadership of the NLD and Suu Kyi. This overhauling an elected government, the would therefore amount to extensive military’s approach is that of a perceived democratic violations, as any positioning of commitment to respecting democracy. This the NLD in future government would be is not the first military coup to have taken entirely discarded, despite the popular place in Myanmar, yet it is more pacified. support of the party. This complements the notion that repeating history is no longer an option in Myanmar, which has seen exceptional democratic CIVIL LIBERTIES milestones in recent years, regardless of recent events. By asserting that there is a What further diminishes the prospect of a commitment to investigate election fraud future democratic government in Myanmar and deliver a new general election in a year’s is the new regime’s crackdown on the civil time, the military is more or less unrest that has ensued following the coup. demonstrating some respect for the Attesting to the majority vote for the NLD country’s relatively new democratic party, vast numbers of Myanmar’s civilians boundaries. took to the streets to protest the military’s

I S S U E 2 ILLIBERAL DEMOCRACY 2021 11

actions and demand the re-installment of government. Furthermore, by legally the NLD and Aung San Suu Kyi into accusing protestors of inciting hatred government. In response, the new regime toward the military, the current government imposed numerous repressive tactics has extended its capacity to suppress the against protests, which have grown bloodier electoral decision. by the day.

Initial steps taken by the military to THE INTERNATIONAL suppress protests included disruptions to SPHERE: CONDEMNATION communication across the country; local media channels and internet services, AND SUPPORT including access to social media sites like Facebook and WhatsApp, have been cut. The international sphere has demanded Furthermore, police forces turned out in that Aung San Suu Kyi, Win Myint, and large numbers to dissuade protest groups other ministers and party officials, be from growing. During the first weeks of released from detainment. International protests, some police forces were present in leaders have threatened action against riot gear, injuring protestors with rubber Myanmar’s military for the take-over of the bullets and water cannons. The response to state, and for the crackdown on pro- the protest movement has since escalated, democracy protestors. The US has as over 100 killings of protestors have now announced sanctions against ten military been reported across Myanmar, and more officials and companies they are linked to. protestors have also disappeared. Activists The UK has also voiced its reproach towards and journalists continue to be arrested; over Myanmar’s military, calling for the vote of 2,000 people have now been detained the people to be respected. following the military coup. Myanmar’s ruling military has threatened Although international support for Aung lengthy prison sentences for protestors San Suu Kyi has declined following partaking in the anti-coup and anti-military Myanmar’s 2017 Rohingya crisis, she is still demonstrations. highly revered in the international arena for her role in freeing Myanmar from military The ensuing civil unrest signifies rule. On the contrary, Min Aung Hlaing has widespread dissatisfaction with the less international respect as the primary military’s decision to overhaul an elected perpetrator of the persecution of civilian government. Chanting phrases, Myanmar’s Rohingya minority, during such as “We demand democracy!”, which 700,000 thousand Rohingya fled to thousands of protestors have called out the Bangladesh following a brutal crackdown by military coup as undemocratic and Myanmar’s military, which was illegitimate. Military actions to suppress internationally branded as ethnic cleansing. these protests have contributed to the The International Criminal Court’s case popular anger, as they demonstrated investigating Aung Hlaing’s crimes against further restrictions to civic freedoms, such humanity is ongoing. as freedom of speech and freedom of assembly, and in some cases, violations of In condemning the coup, international their very basic human rights such as the governments and institutions have affirmed right to life. These repressive actions have the importance of democratic principles. therefore also contributed to the country’s Responding to the situation, the United current democracy crisis, as the military Nations Security Council has stressed “the continues to crack down on civilians who need to uphold democratic institutions and maintain they have elected the NLD as their processes”. The UNSC has also called for

I S S U E 2 ILLIBERAL DEMOCRACY 2021 12

“dialogue and reconciliation in accordance highlighted the crackdown Myanmar’s with the will and interests of the people of civilians have faced, as well as the shutdown Myanmar”. International attention has in communication services, restricting their therefore not been focused on the practices ability to access and transmit information. of the coup alone, but also on the repression International statements are therefore of Myanmar’s citizens who have been outlined by democratic values and rooted in protesting the coup as a result. The UN High support for Myanmar’s electorate and their Commissioner for Human Rights has right to choose a government.

Photo footage (1) Cover photo: A military checkpoint on the way to Myanmar’s congress compound in Naypyitaw Source: Reuters. (2) General Min Aung Hlaing Source: AFP. (3) Protestors showing their support for Aung San Suu Kyi Source: EPA.z

I S S U E 2 ILLIBERAL DEMOCRACY 2021 12

I S S U E 2 ILLIBERAL DEMOCRACY 2021 13

TRANS LIVES IN THE VISEGRAD FOUR: AN OVERVIEW By Arianna Babraj and Luca De Cristofaro| March 27, 2021

COVID-19 According to GLAAD, the term The issue of forced sterilization lies at the ‘transgender’ describes an individual whose heart of the Czech Republic’s categorization gender identity is different from the sex they as a ‘red state’ by Transgender Europe, and were assigned at birth. More specifically, like the rest of the V4 nations, legal gender gender identity is a person’s internal and recognition requires a mental health personal sense of being a man or a woman, diagnosis, which further stigmatizes and or for some individuals who do not feel like discriminate against the ability to freely they fit into either being a man or a woman, dictate one’s gender through self- a non-binary identity might best describe determination. The requirement to be diagnosed with transsexualism by a sexologist who they understand themselves to be. The and a physician qualifies the individual for term ‘trans’ encompasses both transgender hormone treatment. Once the transition and transsexual, which can describe initiates, the individual must select a someone who has undergone a gender temporary gender-neutral name to use during reassignment through medical processes. It their ‘trial year’ in the new, chosen gender. is important to understand that not all After this year, the individual must appear transgender individuals go through, or want before a panel of doctors, psychologists, and to go through, sex reassignment. lawyers, who determine if the individual is in the appropriate mental state to qualify for Central European nations belonging to the gender reassignment surgery, and it is only Visegrad Four (V4) – The Czech Republic, after this surgery that the individual can apply Hungary, Poland, and Slovakia – are often for document changes to reflect their chosen some of the most politically and socially gender. conservative members of the European Union. However, each of these nations is These types of policies have ramifications in different in their treatment of and history trans individuals’ everyday lives including with trans individuals. extreme difficulties with official documentation. Forced sterilization is expensive with the average cost of female THE CZECH REPUBLIC sterilization being roughly 5,000 euros, and male sterilization (vasectomy) being at The Czech Republic is generally considered to least 500 euros. Other life-altering be one of the most progressive states within legislation includes forced divorce, which the Visegrad Four. One distinct marker of greatly impacts an individual’s personal life Czech society is the lack of dominant religious and often is not what that individual would values. Unlike Poland or Hungary, the secular choose for themselves or their partners. nature of the Czech Republic generally exempts them from religiously-motivated The process is complex and has the potential homophobia. Hot button issues like same-sex to make those in the midst of it feel isolated or marriage have garnered enough attention and ostracized, and the future of trans rights in the approval to receive legislative responses. That Czech Republic remains uncertain. While said, when focusing more closely on trans there was a major legal victory against forced rights, there remains a discomfort with non- sterilization was brought jointly by binary identities, likely rooted in traditional Transgender Europe and ILGA-Europe in attachment to gender and race norms. 2015, in which the court determined that it

I S S U E 2 ILLIBERAL DEMOCRACY 2021 14

was a violation of human rights, the Czech Association of Sexologists held firm in its This new law is not big news to the Hungarian belief that castration should be a legal trans community as the legal gender changes requirement in the formal gender recognition have been halted since 2017. Now, all the process. The case was brought up under the requests accumulated throughout the years European Social Charter, and may take time will be denied. The piece of legislation is not before anything really changes. Further, there only hindering people who just began their remains a fear that, in the wake of rising transition, but also trans men and women nationalism and neo-Nazism in the region, who have had their documents legally such movements could have a lasting changed before. With the wording “sex at influence on the societal positioning of trans birth”, every trans person is in danger of being rights in the Czech Republic. outed by their official documents. The Hungarian government’s feelings towards the LGBT+ community did not get HUNGARY better in 2021. In January, Orban’s government decided to pass a bill forcing Hungary is one of the worst-performing publishing companies to introduce a countries when it comes to the protection of disclaimer on books with topics related to trans rights. In May 2020, in the midst of a sexual orientation and gender identity. Due to global pandemic, the Hungarian parliament this hostile environment, many LGBT+ passed a law that defines gender-based on people, especially trans individuals, are taking “sex at birth”, thus legally not recognizing advantage of European mobility and moving trans identities. to EU countries with more favorable

I S S U E 2 ILLIBERAL DEMOCRACY 2021 15

legislation. In an interview with Agence questionable relationship with women’s France-Presse, Ivett Ordog, a 40-year-old bodies (see abortion laws in Poland) and the engineering manager, recounted the terrible relation with its LGBT+ community, reasoning behind her relocation and it is good news for transgender Poles came up in correlated to the anti-trans bill passed in May. October. A Polish court ruled in favor of a Ordog stated that the constant coming out in transwoman, confirming that it is not public places puts trans people in danger, permitted to discriminate against trans “usually nothing bad happens, but every time people in the workplace. The woman in you have to prepare for the worst, when you question is Joanna, hired by a security are outed in front of staff or a large audience, company while undergoing the legal process you never know if someone might come after of formally changing her gender identity. At you”. the beginning of the recruitment, Joanna did not have any problem in the workplace. However, when the employer found out her POLAND documents identified her as “male”, he made her wear a male uniform and gave her In March 2019, Swidnik was one of the first humiliating tasks. This new ruling sets an municipalities to start to declare themselves unprecedented standard of protection for the as “free of the LGBT ideology” (Strefa wolna od Polish trans community. ideologii LGBT). The municipalities were passing motions that rejected what they considered “LGBT ideology” in their homes, workplaces, and, most importantly, schools. These resolutions passed, at first, in the rural and conservative areas of the country to then reach a third of Poland “free of LGBT”. There were waves of new municipalities declaring themselves as “LGBT-free” and the peaks were in the months prior to the elections, both the European elections and national elections. State-controlled media has been campaigning harshly against gender minorities, by shaming and deadnaming the trans community on their outlets.

Formally changing a person’s gender identity is a lengthy and difficult process in Poland. In an interview with Vice, Anton, a Polish SLOVAKIA journalist, described the systemic discrimination when going through the While other Visegrad Four countries’ policies process of legalization of one’s gender are more distinct, Slovakia’s general identity. Recalling his own experience, Anton atmosphere around LGBT issues remains described the various steps towards his vague. Even though its neighbors have intense gender transition, starting from the “really processes required to be recognized as trans, long process of diagnosis” usually performed or are very openly transphobic, Slovakia’s by a psychotherapist. When the expert relatively progressive nature has not been diagnosis gender dysphoria, then the person sufficient enough to make it a beacon for can have access to hormone treatments. In LGBT rights. In fact, it is actually the lack of order to change the gender in legal clear legislation that provides a breeding documents, Anton states that part of the ground for inhumane treatment of trans process is “to sue your parents for wrongly individuals. assuming your gender when you were born”. Despite Poland being known for its

I S S U E 2 ILLIBERAL DEMOCRACY 2021 16

As of 2016, Slovakia, unlike all other V4 quality of trans lives by creating a state of countries, does not require gender uncertainty. reassignment treatment. However, further legal requirements are murky and are instead In September 2019, the Minister of usually dictated by norms and individual Health refused to sign legislation known as judges, lawyers, and medical professionals. the Professional Guidelines to Unify Medical Even the government portal, Slovensko, Procedures for Issuing Medical Opinions on states that ‘the transition process is not Gender Reassignment, which had been comprehensively regulated in the Slovak prepared in 2019 by the previous government Republic’. Steps in the transition process that with the help of medical professionals and are very clearly laid out in other nations, like trans advocates. These guidelines would have mandatory divorce, are not a legal obligation abolished forced sterilization and other in Slovakia, but are still often insisted upon by medical interventions required for legal healthcare providers involved in the gender recognition. This is now the third transition. Minister to refuse to move the process forward. Unfortunately, in July 2016, birth registries began requiring medical certifications that trans individuals had undergone sterilization, Talks had continued through January 2020, making it effectively compulsory for trans until they were stalled by the elections and the individuals to be sterile in order to change outbreak of COVID-19. For now, it seems that their legal documents. Even though this shift the political and medical will to introduce was not legislative in nature and actively proper, clarifying legislation on trans rights in contrasts Slovakia’s Criminal Code and the Slovakia remains unattainable until there is a International Covenant on Civil and Political significant shift in citizen and governmental Rights (2015), which both determine forced priorities. sterilization to violate human rights, its impacts are, nonetheless, real. The lack of The EU plays an important role in the future clear legislation poses significant challenges, of trans rights in Central Europe. A court just like the presence of outwardly case in France that ultimately made forced discriminatory practices because it allows for sterilization of trans individuals illegal, set a extremely liberal interpretations of the precedent for the entire EU, was ultimately unregulated procedures. In a country where brought to the EU Court of Human Rights and the word for ‘sex’ and ‘gender’ are the same in made illegal Union-wide in 2017. Practically, the local language, the lack of clarity in the however, this has not been implemented language surrounding what it means to be Union-wide and remains effective in many trans in Slovakia ultimately impacts the countries including the Czech Republic and Slovakia.

Photo footage (1) Cover picture (on pag. 12): illustration by TNGO illustrator Rossella Gangi. (2) Trans Rights Europe and Central Asia Map 2019. Source: TGEU (3) Rainbow Europe Map 2020 Source: Rainbow Europe (4) Comparative Analysis of Trans Rights in the V4. Source: Equaldex

I S S U E 2 ILLIBERAL DEMOCRACY 2021 17

RUSSIAN PROTEST: ANTI- CORRUPTION, PRO-NAVALNY, AND VIOLENT By Luca De Cristofaro | February 11, 2021

On Saturday 23 January, from Moscow to governmental figures only counted 4,000 Sakhalin, tens of thousands of Russians went demonstrators. to the streets to show their support for Russia’s opposition leader, Aleksei Navalny, If Reuters’s numbers are confirmed, it would and to protest his unlawful detention. As a be the biggest protest in Russian history. result, more than 3,000 demonstrators were Daria Kozlova, a local activist, commented to arrested with almost one-third of the TNGO that the support shown to Navalny detainees being held in the capital. According should not be understood as being “pro- to Reuters, almost 40,000 people took part in Navalny” as not everyone is a fan of the the demonstration in Moscow alone, although journalist and politician, but instead, “[they]

I S S U E 2 ILLIBERAL DEMOCRACY 2021 18

are fighting for free speech, for democracy, after his detention, Navalny’s team released [and] for fair and transparent trials.” an investigative report describing a secret palace on the Black Sea built for the Russian President, Vladimir Putin. ABOUT NAVALNY The investigation is very thorough and Navalny recently went back to his home includes financial details, floor plans, and country after being hospitalised in Germany photos of the area and the various people for many months due to Novichok poisoning. involved. The main objective of the One theory holds that Russia’s Federal investigation was to reveal financial Security Service (FSB) tried to poison manipulation and the schemes put in place Navalny, although the everlasting president of by Putin to protect himself and his closest the Kremlin, Vladimir Putin, has denied the circle. The report can be found in video allegations. format on YouTube and in written format on an FBK-owned website, which includes It is not the first time Navalny has been photos and other documents. The report on hospitalized due to induced health the website is in Russian, and so is the video complications. In 2019, he was poisoned on YouTube, however, the almost-two-hour while in jail, and in 2017 his sight was long video has English subtitles for damaged because an attacker threw liquid international listeners. antiseptic at him. When asked about why he decided to return to Russia, Navalny said that he did not leave Russia by choice, but because PROTESTERS he had to be flown to Germany for medical attention. He continued by saying that it The crowd of protesters was mainly composed would not be right for him to “call for a of younger Russians, a generation that hopes revolution from Berlin”. for a democratic and equal Russia. ARREST

Once he arrived in Moscow, Navalny was arrested by the police and has had his internationally-covered hearing on February 2. The judicial hearing carried a dire sentence for the Russian politician, who now faces more than two years in prison. The day

The Kremlin is obviously aware that the majority of the protesters are young adults, which is why some preventive measures were put in place to avoid the large gathering of youths in the streets. One of the main strategies was a joint action with some universities, which scheduled mandatory classes on January 23rd for all of their students. Furthermore, some universities have threatened to expel students caught protesting.

I S S U E 2 ILLIBERAL DEMOCRACY 2021 19

and water, and some were even assaulted and Emphasizing the threat of the youth to tortured while locked up. Russian authorities, police went as far as Protesters have also been subjected to a series to detain children. Russia’s Commissioner of violent police tactics at demonstrations. for Children’s Rights, Anna Kuznetsova, Countless amounts of video footage across confirmed that at least 300 minors were social media shows protesters being beaten, detained across Russia on Jan. 23. The dragged, and deliberately knocked over by majority of them had not been directly police. Several cases have shown protesters participating in the protests yet were still being suddenly abducted by people in police taken and questioned by the police. vans and unmarked vehicles. Some people’s POLICE BRUTALITY

OVD-Info, a Russian pro-democracy organisation, reported that 3,435 people were detained at rallies across the country on January 23rd. This is on top of activists who were detained due to their association with Navalny, including his wife, Yulia Navalnaya, as well as his aide Lyubov Sobol and his lawyer Vladlen Los. Amnesty International dubbed these arrests as preventive detention: arresting individuals on injuries required medical attention and a bogus charges because they are deemed a handful of protesters had to be hospitalised. political threat. Daria Kozlova explains that Journalists present at the protests also faced once detained, protesters were held for an violence from the police and were detained, excessive amount of time, with lack of food despite being marked as press.

I S S U E 2 ILLIBERAL DEMOCRACY 2021 20

Russian authorities had announced prior to right to peaceful assembly. Hence, they have the protests that they would be declared merely energised the protests which are also illegal, warning of a tough crackdown. demanding stronger democracy. Internally, However, organisations and different nations the government and state media have framed have stated that this hardly justifies the extent protesters as violent provocateurs. State of repression faced by peaceful protesters who prosecutors have already opened criminal were not inciting violence. Daria points out cases against protesters for violence toward that internal state and media channels largely the police. St. Petersburg prosecutors, failed to clarify that several protest organisers however, are investigating the violence used had attempted to get permits for the rallies in by police against protesters. order to legalise them, yet their requests were Police violence has been a common denied. denominator of most protests that have occurred in Russia, and across the world, over the past year. While causes and national BRUTALITY: THE BIGGER contexts have differed, the repressive tactics used by Russian police closely resemble the PICTURE repressive tactics used by police forces in the US, Belarus, and Nigeria in 2020. Police violence during the protests However, we have seen from Russia’s protests demonstrates an extensive violation of that international cases have failed to deter organisational procedures, summarises internal movement. Russian protesters most Daria. As several human rights organisations likely expected violence, yet this did not stop have outlined as well, these breaches indicate them. Police brutality is, therefore, losing its clear attempts to suppress free speech and the effectiveness as a mechanism to suppress assembly and free speech.

I S S U E 2 ILLIBERAL DEMOCRACY 2021 21

social media platforms, and pre-emptively INTERNATIONAL arresting potential participants. This follows years of tightening restrictions on and RECEPTION repressive actions against civil society, independent media, and the political Over recent days, the international opposition”. community has been calling on the Kremlin to release Mr. Navalny, but to no avail. The Josep Borrell, High Representative of the answer foreign affairs officers who contacted European Union for Foreign the Kremlin would get was to “mind their own Affairs, commented on Twitter on Jan. 23 business”. In a Facebook post, a spokesperson stating: for the Russian Ministry of Foreign Affairs stated that the international community “I deplore widespread should “respect international law…not encroach on national legislation of sovereign detentions, disproportionate states, and address problems in [their] own country”. use of force, cutting down

In an official press statement, the US State internet and phone Department condemned the use of violence connections”. by police against journalists and demonstrators, adding that prior to The meeting held on Jan. 25 with EU Foreign Saturday’s events “the Russian government sought to suppress the rights to peaceful Affairs Ministers was inclusive as it did not assembly and freedom of expression by reach a unanimous decision on the harassing protest organisers, threatening sanctions against Russia.

Photo footage (1) Cover picture: A protester waving a flag: ‘In the fight, you will gain your right’, 23 January Source: FBK (2) A protester’s sign reading ‘Russia is not your room for dirt’ Source: FBK (3) The number of protestors in attendance from each age group Source RANEPA Institute (4) A police barricade in Moscow Source: Protestny MSU (5) An injured protestor Source: Valery Tenevoy, avtozaklive (6) Protesters, January 23 Source: FBK

I S S U E 2 ILLIBERAL DEMOCRACY 2021 22

NAVALNY: HARBINGER OF DEMOCRACY OR FLASH IN THE PAN? By Shary Mitidieri | February 16, 2021

The arrest of Alexey Navalny upon his return democracy protests in Russia are the first step to Russia has triggered widespread protests. in that process. The Guardian described the For many, they represent the first step upheaval, triggered by Navalny’s detention, as towards democratization. This article, a “tidal wave of contempt and disgust” though, argues that things are more towards a repressive regime. complicated. The first problem is that Navalny is a much more controversial figure In addition to that, it compared “courageous, than he seems. In fact, his idea of democracy charismatic, highly intelligent, witty and might be very different from the Western politically savvy” Navalny to the “charmless” concept of democracy. The second problem is Putin. The New York Times went even further, less idiosyncratic and more strategic. Namely, painting the picture of heroic protesters the Russia regime seems willing to lock up “braving bitter cold and attempts at Navalny for quite some time. And this alone, intimidation“. In truth, these protests, which could leave protestors without a leader and involved a large number of young people, do without purpose. signal an increasing discomfort with the government. Without a doubt, it does take During President Biden‘s inauguration, poet courage to face police violence and even, Amanda Gorman said that her country is “not possibly, detention. broken, but simply unfinished“. The underlying meaning of that verse is that democracy is not a state; it is a process, and a But are these marches the first domino lengthy one. For many, the pro-Navalny, pro- falling? Are they the first sign that Putin’s grip

I S S U E 2 ILLIBERAL DEMOCRACY 2021 23

on power is faltering, or mere “disorder” that and overt support is off the table, the West has will be repressed? At least two reasons, its hands tied. though, cast doubt on the possibility that democracy will prevail. ALEXEI NAVALNY: A THE “WEAKNESS” OF THE LIBERAL OR A

PROTESTS: THE LACK OF NATIONALIST? INTERNATIONAL SUPPORT

The first problem is the tepid reaction of Western leaders. For sure, the United States condemned the “harsh tactics” used against protesters, and Joe Biden’s incoming National Security Adviser, Jake Sullivan, called for Navalny’s immediate release. The President of the European Commission Ursula von der Leyen stated that “detention of political opponents is against Russia’s international commitments”. But, reading between the lines, they were merely condemning police violence and arbitrary A second issue could be the figure of Alexei detentions. No leader questioned the Navalny himself. For now, the global press legitimacy of the Russian regime itself. seems to appreciate him. He has been called the “best hope for liberalization in Russia”. On this basis, Bellingcat‘s Andrew Higgins Charming, tall, good-looking and capable of said that the reaction to Navalny’s arrest was using social media, Alexei Navalny has all it “utterly toothless”. Plus, he added that Russia takes to appeal a vast public. And his does not care about sanctions. As a matter of poisoning in August 2020 made him more fact, Putin seems less than impressed with the popular than ever. In fact, a Levada poll magnitude of the protests. The Kremlin Press showed that, in 2013, only 1% of interviewees Secretary, Dmitri Peskov, claimed that the would have voted for him. Now, 20% of size of demonstrations was largely overstated. responders approve of him. Indeed, the 40.000 protesters in Moscow pale in the face of a population of 12 Despite this, his xenophobic, far-right million. In other words, the protests still seem sympathies could come back to haunt him. far away from constituting a true mass Navalny started his political career in the movement. Russian United Democratic Party, Yabloko. In 2007, the Party expelled him due to his Certainly, this is not the first time that nationalist activities. He then went on to Western actors seem paralyzed when found the nationalist-oriented movement confronted with baffling Russian behavior. “The People”. In 2011, he founded the “Anti- After all, in “realpolitik” terms, this makes Corruption Foundation,” mixing people of sense. Democracies are bound to different backgrounds, including the far- the principle of non-interference in the right. He has indulged several times in the use domestic affairs of foreign countries. of racial slurs. Furthermore, Russia has significant economic and political ties with several European actors. Thus, as sanctions do not seem to work

I S S U E 2 ILLIBERAL DEMOCRACY 2021 24

In 2013, he participated in the Russian March, people declared a deep concern about a parade uniting Russian nationalist immigration. Thus, Navalny’s take on the groups. He has also endorsed a nationalist- issue is not that unpopular. But in a led campaign called Stop “Feeding the fragmented, complex, stratified society such Caucasus”. In addition to that, he supported as Russia’s, this comes at a price. As Navalny’s the 2008 war against Georgia and the popularity grows, so do his critics. As of annexation of Crimea in 2015. So, it may be September 2020, 50% of Levada interviewees true that Navalny has been breathing on the declared that they disapprove of him. regime’s neck when it comes to corruption. But it seems that the prospected legal, lawful Navalny may face some time in prison; three Russia should be for Russians only. Further, years and five months, at least. Will he Navalny is a hound when it comes to become another Khodorkovsky? And, if so, unmasking the regime’s hypocrisy but, so how does he plan to maintain his political far, lacks an organic political outlook. In activity and visibility? Even for his short, it remains unpredictable what the supporters, a jailed leader may not constitute quality of a democracy represented by him a winning horse. Sure, his arrest triggered would entail. protests all over the country. But, as stated above, their magnitude was not overly impressive. Furthermore, how long will it be NAVALNY: FROM A before people go back to “business as usual”, VICTIM TO THE FACE OF in the face of repression? Finally, the fact that the protests intersect A NEW RUSSIA? democratic and pro-Navalny stances may discourage international support. The US or It may be predictable that in countries with no the EU may call for his release, but would democratic history or culture of human rights, they back him as a presidential the “people’s choice” can often be a populistic candidate? It is not a given that they would choice. After all, in 2013, 27% of the Russian perceive him as a better alternative to Putin in

I S S U E 2 ILLIBERAL DEMOCRACY 2021 25

light of his nationalistic stance. Plus, active Since then, Russian authorities have launched Western intervention would be a double- three other legal cases against Navalny and in edged sword. Were they to pressure Russia, August 2020, he was poisoned with a nerve Putin may play the card of depicting Navalny agent called Novichok. Unsurprisingly, Putin as a Western “stooge“, a kind of rhetoric that dismissed the accusations that he himself was still works on loyalists, and may further to blame, even though only state-owned undermine Navalny’s popularity. military laboratories can develop Novichok and it cannot be obtained by private individuals. This strongly implies that PROTESTS MAY FAIL, BUT Russian authorities were behind the attack. Apparently, this was still not enough. Navalny THE REGIME IS STILL received treatment for the poisoning in Germany, and the moment he came back to FALTERING Russia, the police arrested him. In fact, the Russian prison authority accused him Without a doubt, none of what is stated above of breaching the terms of the suspended represents a justification for Navalny’s arrest sentence handed to him in 2014. Ironically, he or for the institutional harassment he suffered would not need to leave the country if had he in the past. For example, in 2014, Navalny was not been poisoned. sentenced to five years in prison for embezzlement and Russia’s supreme court The outrage of the Russian people is more had to come into play to overturn the than understandable. Corruption, sentence. The European Court of Human oppression, abuse of power, and even Rights declared the case “arbitrary and assassinations are all too common in Putin’s manifestly unreasonable“. Russia. But can Navalny be the face of a renewed, democratic Russian However, his opposition to Putin’s regime has Federation? For now, it seems unlikely, but come back to haunt him, time and time again. still possible.

Photo footage (1) Protester in Russia holding the sign “one for all and all for one”. Source: BBC News (2) A picture of Alexei Navalny. Source: Daily Herald (3) Russian Police arrests Navalny upon landing in Moscow. Source: Euractiv

I S S U E 2 ILLIBERAL DEMOCRACY 2021 6

I S S U E 2 ILLIBERAL DEMOCRACY 2021