24 Apr 14 | Lebanon, News and features, Religion and Culture, Young Writers / Artists Programme
Hamed Sinno, who is openly gay, is the lead singer of Mashrou’ Leila
While walking the streets of the upscale downtown district of Beirut, or sipping cocktails in one of El-Hamra’s bustling bars, one could easily forget that Lebanon is a country where civil liberties are still in debate.
Article 534 of the Lebanese penal code states: “Any sexual intercourse contrary to the order of nature is punished by imprisonment for up to one year.” The vaguely worded article has and is still being used to crackdown on the LGBT community in Lebanon. Compared to its neighbours in the Middle East, Lebanon has long been considered one of the least conservative countries in the region. According to a poll conducted by the Pew Research Centre in 2013, 18% of the Lebanese population thinks that homosexuality should be accepted in the society, putting it way ahead of Egypt, Jordan and Tunisia where almost 97% of the population views homosexuality as deviant and unnatural.
The Lebanese Psychiatric Society issued a statement in early 2013 saying that: “The assumption that homosexuality is a result of disturbances in the family dynamic or unbalanced psychological development is based on wrong information” — making Lebanon the first Arab country to dismiss the belief that homosexuality is a mental disorder. On 28 January 2014, Judge Naji El Dahdah of Jdeideh Court in Beirut dismissed a claim against a transgender woman accused of having a same-sex relationship with a man, stating that a person’s gender should not simply be based on their personal status registry document, but also on their outward physical appearance and self-perception. The ruling relied on a 2009 landmark decision by Judge Mounir Suleimanfrom the Batroun Court that consenual relations can not be deemed unnatural. “Man is part of nature and is one of its elements, so it cannot be said that any one of his practices or any one of his behaviours goes against nature, even if it is criminal behaviour, because it is nature’s ruling,” stated Suleiman.
Despite the recent positives, being gay in Lebanon is still a taboo. In a country drenched in sectarianism, debates about homosexuality are easily dismissed in the name of religion and homosexuals are accused of promoting debauchery.
“People in Lebanon, and across the region, still act like homosexuality doesn’t exist in our society,” said Kareem, who requested that Index only use his first name. “I think it’s important that we start the conversation and get the issues out in the open, so people can start acknowledging it and then decide their stance on. The fight for our rights comes later on,” he added.
In 2013, Antoine Chakhtoura, mayor of the Beirut suburb of Dekwaneh, ordered security forces to raid and shut-down Ghost, a gay-friendly nightclub. “We fought battles and defended our land and honor, not to have people come here and engage in such practices in my municipality,” the mayor asserted.
Four people were arrested during the raid and brought back to municipal headquarters where they were subject to both physical and verbal harassment: forced to undress, enact intimate acts which included kissing, as well as being violently beaten. Marwan Cherbel, minister of interior at the time of the incident, backed the mayor’s actions, adding that: “Lebanon is opposed to homosexuality, and according to Lebanese law it is a criminal offence.”
Unfortunately, this was not an isolated incident. In a similar raid on a movie theatre in the municipality of Burj Hammoud known to cater for a gay clientele, 36 men were arrested and forced to undergo the now abolished anal probes — known as tests of shame. The raid came only a few months after Lebanese TV host Joe Maalouf dedicated an episode of his show Enta Horr (You’re Free) to exposing a porn cinema in Tripoli where it was claimed that young boys were being sexually abused by older men.
“The fact that these incidents received a lot of media coverage, some of which denounced the raids, is a sign that the public is little by little taking an interest in the issue of gay rights,” said Kareem. “Five or six years ago, this could have easily gone unnoticed. While the gay community might not be fully accepted or tolerated in Lebanon, it has been gaining a lot more visibility in recent years.”
Helem, a Beirut-based NGO, was established in 2004 to be the first organisation in the Middle East and Arab world to advocate for LGBT rights. In addition to campaigning for the repeal of Article 543, Helem offers a number of services, including legal and medical support to members of the LGBT community. Organisations like Helem and its offshoot Meem, a support group for lesbian women, had a huge impact on raising awareness and correcting misconceptions about homosexuality. Support from Lebanese public figures has also been on the rise in recent years. For example, popular TV host Paula Yacoubian and pop star Elissa have both shown support for the LGBT community in Lebanon via their Twitter accounts.
While the struggle to change the law continues, young artists have been challenging social norms through art. Mashrou’ Leila, a Beirut-based indie rock band, has sparked a lot of controversy thanks to their songs, in which they unapologetically sing about sex, politics, religion and homosexuality in Lebanon. In Shim el Yasmine, the band’s lead singer, Hamed Sinno, who is openly gay, sings about an old love, a man whom he wanted to introduce to his family and be his housewife. Director and art critic, Roy Dib, recently won the Teddy Award for best short film in 2014 at the 64th Berlinale International Film Festival with his film Mondial 2010. The film tells the story of a gay Lebanese couple on the road to a holiday weekend in Ramallah, Palestine. It tries to explore the boundaries that make it impossible for a Lebanese person to go into Palestine, as well as the challenges faced by a homosexual couple in the region.
The battle for gay rights in Lebanon is multilayered, and while change is starting to feel tangible, there is still a lot to be done.
This article was originally posted on 24 April 2014 at indexoncensorship.org
14 Apr 14 | News and features, Religion and Culture, United Kingdom
Asif Quraishi, better known as drag queen Asifa Lahore, sits unassumingly in a TV studio. “One question I’d like to ask”, he says, “is when will it be all right to be Muslim and gay?”
The programme is Twitter-powered BBC Three debate series Free Speech, whose host Rick Edwards (of Tool Academy and, unexpectedly, Cambridge) makes Nicky Campbell seem subdued, and where no thought is too complex for 140 characters. Producers, show name notwithstanding, spiked the question from a previous edition when officials at Birmingham Central Mosque, where Free Speech filmed on March 13, “expressed deep concerns” about gay Muslims being discussed. The speed at which showrunners acquiesced, postponing the segment, speaks to a wider trend.
The first guest to comment, kufi-clad Portuguese convert Abdullah al Andalusi, calls condemning gay sex “the Islamic position” with a party leader’s certainty. It’s unsurprising: al Andalusi, who defends public segregation by gender and from whose talks women have been banned, seeks a nondemocratic “modern [Islamic] Caliphate” under sharia government, free among other things of “women wearing bikinis”, “the hijab being optional” and “men and women having identical inheritance and gender roles”. Al Andalusi rails in-studio against notions of “extremism”, declaring them a means of profiling “Muslims with orthodox beliefs”. He sees himself as holding these, and so apparently do programme-makers, since he speaks much more than Asif does.
The counter-extremist whose work he attacks, Lib Dem candidate for Hampstead Maajid Nawaz, is also in the room. (“I will speak out”, he tells the drag performer, “on your right to identify however you want.”) Nawaz too has been hounded by religious would-be censors, despite being a Muslim himself. This January, following the LSE’s attempts to ban it, he tweeted an image from the atheist web strip Jesus and Mo, commenting “This is not offensive and I’m sure God is greater than to feel threatened by it.” A subsequent Change.org petition calling for his sacking gained over 20,000 signatures, some with death threats attached. Though Nick Clegg eventually stepped in to condemn them, spokespeople told the press the party “urged all candidates to be sensitive to cultural and religious feelings”, and Nawaz – presumably after internal bickering – conceded in a joint statement with Mohammed Shafiq, head of the Ramadhan Foundation and leader of the witchhunt, that “images of the spiritual leaders of all religions should be deemed to be respectful”.
In February Shazad Iqbal, a hitherto unknown British Muslim, used a similar petition to demand YouTube remove Katy Perry’s “Dark Horse” video, in which an Ancient Egyptian turns to sand whose pendant, on close inspection, reads “Allah”. “Blasphemy is clearly conveyed in the video”, Iqbal wrote. “Such acts are not condoned nor tolerated.” While the offending necklace, which had to be indicated using photoshopped freeze-frames, was barely visible, tens of thousands of signatures poured in – today, the page boasts more than 65,000 – and Perry’s producers digitally obscured it.
Iqbal, who used his petition site to share evangelistic videos, gained a platform much like Iqbal’s and al Andalusi’s. All three, and countless more religious rightists, have sold themselves as commentators, “community leaders” and de facto spokesmen for Muslims (“men” is applicable here), grabbing the spotlight neither through skilled writing nor through views polls say are actually widespread. They owe their standing to officialdom’s mounting anxiety to please the most censorious believers, its instinct that those eagerest to cleanse the public sphere of blasphemy are those who matter most.
Recycled lines about a scaremongering anti-Muslim press over-reporting extremism come easily, but demagogues of this kind are media’s darlings; far from casting them as bogeymen, it heaps meetings with politicians, TV appearances and public validation on them. Nor is this pattern unique to Islam. In a 2012 speech for the National Secular Society, Pragna Patel of Southall Black Sisters cites the case of Behzti, a play by Gurpreet Kaur Bhatti which portrayed sexual violence in a Sikh temple. “Fundamentalists, but also so-called moderates,” says Patel, “took offence, protested and had the play removed”, theatre staff bowing to their demands. Leaders on the Sikh right, she says, stated once Bhatti entered hiding that if Labour’s Racial and Religious Hatred Act had existed at the time, it would have been used to censor the play.
Authorities sided with those attacking her, as they sided with Shafiq over Nawaz, al Andalusi and Birmingham Central Mosque over Quraishi, Iqbal over every Muslim undisturbed by Katy Perry. Reformists and minorities like them, as much as a free society, are casualties of this love for religious censors. If minor faiths, still mysteries in the public eye, need representatives, far better ones exist: A media that paints puritans and fanatics as mainstream forfeits its right to condemn them.
This article was posted on 14 April 2014 at indexoncensorship.org
11 Apr 14 | Egypt, News and features, Politics and Society, Religion and Culture
The trial of three journalists working for the Al Jazeera English Channel (AJE) was adjourned on Thursday until April 22.
For award-winning Australian journalist Peter Greste, AJE ‘s Cairo Bureau Chief Mohamed Fadel Fahmy (a Canadian-Egyptian) and producer Baher Mohamed who have been locked up behind bars in a Cairo prison for more than 100 days, this means spending twelve more days in a dark, cramped cell with only an hour a day of exercise, fresh air and sunlight.
The AJE journalists are among 20 defendants accused by prosecutors of spreading false news that harms Egypt’s national security and aiding a terrorist organisation–charges the jailed journalists have repeatedly denied.
“There is not a shred of evidence incriminating us,” Mohamed Fahmy shouted out to a group of foreign journalists covering Thursday’s hearing. ” The case is political and we are scapegoats caught up in the middle of the Egypt-Qatar political rift.”
The patience of the three journalists is clearly wearing thin. While they had smiled and joked with family members and journalists attending the previous court sessions, signs of fatigue and frustration were evident on their faces Thursday as they appeared in the makeshift court at the Torah Police Institute, south of Cairo, for a fifth time. After 103 days in detention, their nerves were clearly frayed and Fahmy made no attempt to hide his anger. After the judge rejected his pleas to dismiss the charges against them and release him and his colleagues on bail, Fahmy shouted out from his cage , “Our acquittal won’t be enough! We shall seek compensation from prosecutors for the months we have spent here.”
Fahmy also vowed to expose what he said were ” crimes against humanity” being committed inside the prison walls. He however, refrained from disclosing the details of those crimes, telling journalists that what he and the other defendants say in court “is often taken against us” and results in the maltreatment and abuse of the defendants at the hands of investigators and prison guards .
Thursday’s hearing was briefly interrupted when Khaled Abdel Raouf , one of the defendants, fainted inside his cage and had to be carried away by prison guards. Fahmy later explained that Abdel Raouf’s ailing health was the result of the poor conditions at the Scorpion high security prison where he is being held. “The conditions there are inhumane; the prison is not fit for an animal,” Fahmy complained bitterly.
Fahmy himself had spent a month in solitary confinement at the high security prison before being transferred to Torah Prison where he now shares a cell with Greste and Baher and where conditions are slightly better. Some of the other defendants in the case– including Abdel Raouf and Anas El Beltagy– however, remain at the high security prison where hundreds of Muslim Brotherhood leaders also languish. Unlike the Al Jazeera team, the “Scorpion” defendants are being denied family visits and reading materials and have also complained (in a previous court session ) of torture at a detention camp where they were held immediately after their arrest.
Thursday’s court session opened with the screening of video footage that the prosecution had claimed supported the case against the Al Jazeera news team. The video material that was shown however, clearly had nothing to do with the case. It consisted of content from Sky News Arabia’s coverage of the political crisis in Egypt, a press briefing by a Keyan government official on the September terror attack at a Nairobi shopping mall, and part of a news report on Somali refugees in Nairobi that had earned Greste a Peabody Award. Asked by a journalist how he had felt watching his report in the courtroom, Greste replied, ” If they had played more of it, they would realize this is the type of work we do.”
A defence lawyer in the case told the judge that the charges were not against a terrorist news network that was inciting violence but against well-educated, patriotic young Egyptians .”The case is tarnishing Egypt’s image in the eyes of the world and must come to an end soon,” he insisted.
While the judge could not but dismiss the videos as “unrelated to the case”, he however, ordered another hearing later this month to allow a team of experts more time to review the videos in the presence of the Defence lawyers. His decision drew angry condemnation on social media networks from fellow journalists and internet activists around the world who for weeks had expressed their solidarity with the detained Al Jazeera staff via the Twitter hashtag: #FreeAJStaff .
”What a mockery of justice, Egypt!” retorted Australian broadcaster Mark Colvin (who works for ABC Radio) via his Twitter account. In a news report broadcast on CNN after the session, the on-air reporter sarcastically called it “ a trial by error” , saying that justice had been delayed in Egypt not once but five times.
In a statement released on Wednesday (a day before the court hearing), Amnesty International described the AJE detainees as “prisoners of conscience” and called for their immediate release.
Infuriated by the result of the hearing, Greste said he and the other members of his team were “fed up”, describing the evidence presented against them as “a joke.”
“ We have had enough,” he said. “I am unbelievably frustrated. But we still believe that in the end , justice will prevail.”
This article was published on 11 April 2014 at indexoncensorship.org
11 Apr 14 | Digital Freedom, News and features
(Illustration: Shutterstock)
State surveillance has been much publicised of late due to Snowden’s revelations, but allegations against the NSA and GCHQ are only one aspect of the international industry surrounding wholesale surveillance. Another growing concern is the emergence and growth of private sector surveillance firms selling intrusion software to governments and government agencies around the world.
Not restricted by territorial borders and globalised like every other tradable commodity, buyers and sellers pockmark the globe. Whether designed to support law enforcement or anti-terrorism programmes, intrusion software, enabling states to monitor, block, filter or collect online communication, is available for any government willing to spend the capital. Indeed, there is money to be made – according to Privacy International, the “UK market for cyber security is estimated to be worth approximately £2.8 billion.”
The table below, collated from a range of sources including Mother Jones, the Electronic Frontier Foundation, Bloomberg, Human Rights Watch, Citizen Lab, Privacy International and Huffington Post, shows the flow of intrusion software around the world.
| Surveillance Company |
Country of Origin |
Alleged Countries of Use |
| VASTech |
South Africa |
Libya (137) |
| Hacking Team |
Italy |
Azerbaijan (160), Egypt (159), Ethiopia (143), Kazakhstan (161), Malaysia (147), Nigeria (112), Oman (134), Saudi Arabia (164), Sudan (172), Turkey (154), Uzebekistan (166) |
| Elbit Systems |
Israel |
Israel (96) |
| Creative Software |
UK |
Iran (173) |
| Gamma TSE |
UK |
Indonesia (132) |
| Narus |
USA |
Egypt (159), Pakistan (158), Saudi Arabia (164) |
| Cisco |
USA |
China (175) |
| Cellusys Ltd |
Ireland |
Syria (177) |
| Adaptive Mobile Security Ltd |
Ireland |
Syria (177), Iran (173) |
| Blue Coat Systems |
USA |
Syria (177) |
| FinFisher GmbH |
Germany |
Egypt (159), Ethiopia (143) |
Note: The numbers alongside the alleged countries of use are the country’s ranking from 2014 Reporters without Borders World Press Freedom Index 2014.
While by no means complete, this list is indicative of three things. There is a clear divide, in terms of economic development, between the buyer and seller countries; many of the countries allegedly purchasing intrusion software are in the midst of, or emerging from, conflict or internal instability; and, with the exception of Israel, every buyer country ranks in the lower hundred of the latest World Press Freedom Index.
The alleged legitimacy of this software in terms of law enforcement ignores the potential to use these tools for strictly political ends. Human Rights Watch outlined in its recent report the case of Tadesse Kersmo, an Ethiopian dissident living in London. Due to his prominent position in opposition party, Ginbot 7 it was discovered that his personal computer had traces of FinFisher’s intrusion software, FinSpy, jeopardising the anonymity and safety of those in Ethiopia he has been communicating with. There is no official warrant out for his arrest and at the time of writing there is no known reason in terms of law enforcement or anti-terrorism legislation, outside of his prominence in an opposition party, for his surveillance. It is unclear whether this is part of an larger organised campaign against dissidents in both Ethiopia and the diaspora, but similar claims have been filed against the Ethiopian government on behalf of individuals in the US and Norway.
FinFisher GmbH states on its website that “they target individual suspects and can not be used for mass interception.” Without further interrogation into the end-use of its customers, there is nothing available to directly corroborate or question this statement. But to what extent are private firms responsible for the use of its software by its customers and how robustly can they monitor the end-use of its customers?
In the US Electronic Code of Federal Regulations, there is a piece of guidance entitled Know Your Customer. This outlines steps to be undertaken by firms to identify what the end-use of its products is. This is a proactive process, placing the responsibility firmly with the seller to clearly identify and act on abnormal circumstances, or ‘red flags’. The guidance clearly states that the seller has a “duty to check out the suspicious circumstances and inquire about the end-use, end-user, or ultimate country of destination.”
Hacking Team has sold software, most notably the Remote Control System (RCS) to a number of countries around the world (see above). Citizen Lab, based out of the University of Toronto, has identified 21 countries that have potentially used this software, including Egypt and Ethiopia. In its customer policy, Hacking Team outlines in detail the lengths it goes to verify the end-use and end-user of RCS. Mentioning the above guidelines, Hacking Team have put into practice an oversight process involving a board of external engineers and lawyers who can veto sales, research of human rights reports, as well as a process that can disable functionality if abuses come to light after the sale.
However, Hacking Team goes a long way to obscure the identity of countries using RCS. Labelled as untraceable, RCS has established a “Collection Infrastructure” that utilises a chain of proxies around the world that shields the user country from further scrutiny. The low levels of media freedom in the countries purportedly utilising RCS, the lack of transparency in terms of the oversight process including the make-up of the board and its research sources, as well as the reluctance of Hacking Team to identify the countries it has sold RCS to undermines the robustness of such due diligence. In the words of Citizen Lab: “we have encountered a number of cases where bait content and other material are suggestive of targeting for political advantage, rather than legitimate law enforcement operations.”
Many of the firms outline their adherence to the national laws of the country they sell software to when defending their practices. But without international guidelines and alongside the absence of domestic controls and legislation protecting the population against mass surveillance, intrusion software remains a useful, if expensive, tool for governments to realise and cement their control of the media and other fundamental freedoms.
Perhaps the best way of thinking of corporate responsibility in terms of intrusion software comes from Adds Jouejati of the Local Coordination Committees in Syria, “It’s like putting a gun in someone’s hand and saying ‘I can’t help the way the person uses it.’”
This article was posted on 11 April, 2014 at indexoncensorship.org
