07 Aug 14 | News and features, Politics and Society, Religion and Culture
First, the inevitable throat clearing and hand wringing. The most recent conflict between Israel and Hamas has been beyond horrendous. As I type, the ceasefire is holding. Over 1,800 Palestinians have lost their lives, more than 300 of them children. Dozens of Israelis, mostly young conscript soldiers, are also dead. There is an enormous imbalance, in firepower and in defensive capability. Better men than I have gone mad attempting to imagine a way to stop this happening again. Even that statement, I realise, reads like a cop out, but a particular sense of despair looms over this latest manifestation of a war that is only ever dormant at best.
Some clearly feel that the horror has gone too far. Author Hari Kunzru, for example, has decided to join calls for a cultural boycott of Israel. Writing on his Facebook wall, Kunzru cited an op-ed in the Jerusalem Post which suggested the “dismantling” of Gaza and the “relocation” of its non-humanitarian population. Kunzru also cited “”the targeting of schools and hospitals, the picture of a child my son’s age being dug out of rubble that reduced me to helpless tears, the total disregard of the Netanyahu government for international laws and norms…” as signs that Israel was a country that had “lost its moral compass”.
This is notable not because Hari is a well-known figure in the arts world – there are enough of those willing to sign up to any cause that comes along, and more than enough already willing to tell us exactly what they think about Israel/Palestine, or Cuba, or any other issue to which sections of the left are drawn to, like particularly verbose moths to the flames of revolution, or, worse, the great unspecified “resistance”.
No, this is notable exactly because Hari Kunzru is not one of those people. Hari is thoughtful and unshowy. And Hari has actually put in real work for free speech. I recall, in 2012, scrabbling to find a local sympathetic lawyer who would represent Hari when he faced serious risk of prosecution for reading from the Satanic Verses at the Jaipur Literary Festival, in solidarity with Salman Rushdie. He has made himself available for organisations such as Index and English PEN well beyond the call of duty. So when someone such as Hari Kunzru identifies with a cultural boycott, it means we have to take the question seriously.
The concept of boycotts, and particularly cultural and academic boycotts, have for a long time been problematic for people engaged in the promotion of free expression. Most criticisms of censorship are based on a fundamental assumption that communication of ideas is, in and of itself, a good thing. Some vague belief abounds based loosely on the Hegelian triad of thesis, antithesis, synthesis.
This can sometimes sound naive, but it does lead to useful perspectives on any argument: 1) that there are entirely sincere, well-meaning people, who may hold views completely anathema to your own, and 2) following from that, in formulating any position on proscription of certain attitudes or beliefs, or people, one must imagine being on the wrong end of the argument – a kind of categorical imperative crossed with the “golden rule”, that can end up making the certainty of others unsettling.
Boycotters often carry that absolutism and conviction that brooks no argument: a simple righteousness anchored in the belief that their view of the world is so self-evidently correct that anyone who is unconvinced by them is either deviant or deficient.
Then there is always the question of who benefits from boycotts? And who is hurt? The traditional, free expression view on cultural boycotts is that they punish precisely the people who are most outward looking and also most likely to seek change in their own countries. Is it fair to punish the artists for the actions of the government, as we have seen with the cancellation of Israeli show The City at the Edinburgh Festival following protests by the Scottish Palestine Solidarity Campaign? Or to request that the UK Jewish Film Festival should ditch Israeli government funding before it can use a venue, as Kliburn’s Tricycle Theatre has, in the name, it says, of attempting to depoliticise the event?
It is argued that theatre companies, dance troupes etc are legitimate targets for boycott if they benefit from state funding, but in truth, there is hardly a theatre company in the civilised world that does not take funding from government agencies: indeed, most western liberals see state agency funding of arts as a sign, even a crucial part, of a healthy democracy, and it is rare that state-funded companies engage in Red-Army Choir style propaganda tours – though Venezuela’s Orquesta Sinfónica Simón Bolívar, decked out in baseball jackets in the colours of the national flag, can sometimes feel a little too Potemkin for comfort.
Writing on the subject (£) of anti-Israel boycotts back in 2012, Irish Times literary editor Fintan O’Toole drafted these five rules for artists and writers invited to perform in countries with dubious records:
1) Don’t take money, directly or indirectly, from governments that systematically abuse human rights, or from oligarchs who benefit from those abuses.
2) Give a significant part of your fee to human-rights defenders or oppressed artists in the relevant country.
3) Don’t accept any restrictions on your own freedom of expression when you’re in that country.
4) Don’t perform to audiences forcibly segregated on lines of race, gender or ethnicity.
5) Don’t let yourself be used for propaganda purposes.
This was very much the approach used by Sweden’s Loreen during and after the Eurovision Song Contest hosted by Azerbaijan in 2012. The singer made efforts to meet opposition figures and voice their concerns in press conferences and TV interviews, and was widely praised for it.
In fact, O’Toole’s rules are not a million miles from the boycott pledge signed by Hari Kunzru, which states: “We support the Palestinian struggle for freedom, justice and equality. In response to the call from Palestinian artists and cultural workers for a cultural boycott of Israel, we pledge to accept neither professional invitations to Israel, nor funding from any institution linked to its government until it complies with international law and universal principles of human rights.”, though there is a crucial difference in that the boycott statement punishes both state and non-state entities, thus preventing signatories from accepting invitations from, say, a hypothetical human rights group.
And this is the problem I will continue to have with boycotts against nations, particularly nations’ cultural endeavours. They seem too blunt, too broad and flawed. Even the much-cited cultural boycott against South African apartheid went awry, with the bizarre irony of Paul Simon being criticised for technically breaking the boycott by travelling to the country to work with Ladysmith Black Mambazo, the black acapella singing group that was far from a friend of the regime.
But the problem is that for many seeking to register their disgust at the actions of foreign governments, boycott seems the only option. Perhaps it’s time for those of us uncomfortable with the idea of shutting down free speech to figure out new avenues of expression.
This column was posted on August 7, 2014 at indexoncensorship.org
06 Aug 14 | Azerbaijan Statements, News and features, Statements
Rasul Jafarov, Arif Yunus and Leyla Yunus (Photos: Rasul Jafarov (© IRFS), Arif and Leyla Yunus (© HRHN))
60 NGOs from 13 Human Rights Houses call upon the Azerbaijani authorities, in their joint letter to President Ilham Aliyev, to immediately and unconditionally release Leyla Yunus, Arif Yunus and Rasul Jafarov, and lift all charges held against them. The NGOs also repeat their previous call to release Anar Mammadli and Bashir Suleymanli, and join calls for the release of Hasan Huseynli.
On 28 April 2014 Leyla Yunus, Director of the Institute for Peace and Democrac, and her husband historian Arif Yunus, were prevented from leaving the country at Baku’s airport. Leyla Yunus and her husband Arif Yunus were arrested on 30 July 2014. On that day, Leyla Yunus was sentenced to 3-months pre-trial detention, whilst her husband was placed under police guard and not allowed to leave Baku. The charges brought against Leyla Yunus are those of state treason (article 274 of the Criminal Code of the Republic of Azerbaijan), large-scale fraud (article 178.3.2), forgery (article 320), tax evasion (article 213), and illegal business (article 192). Arif Yunus was arrested on 5 August 2014 and also sentenced to 3-months pre-trial detention.
The NGOs state in their joint letter to President Aliyev of 5 August 2014 that they are in particular concerned about Leyla Yunus’ health whilst in detention. She suffers from diabetes and needs appropriate medication, as well as arrangements to eat at certain times, necessary to control the illness. We worry that the conditions in detention will have a detrimental effect on her health condition, as it appears that she is to date not provided with adequate health care.
In July 2014, the bank accounts of, amongst others, human rights defender Rasul Jafarov were frozen as part of a broader investigation into numerous NGO’s. On 25 July he was refused to leave the country. Rasul Jafarov was arrested on 2 August 2014, and sentenced to 3 months pre-trial detention on charges of tax evasion (article 213 of the Criminal Code of the Republic of Azerbaijan), illegal business (article 192) and abuse of authority (article 308.2).
On 14 July 2014, Hasan Huseynli, was sentenced to 6 years in prison. He was convicted on charges of armed hooliganism and unlawfully carrying a cold weapon.
The right to freedom of association is at the heart of the charges held against these human rights defenders. In essence they are deprived of their right to work in the defence of human rights. While registration of NGOs and grants to NGOs has become mandatory in Azerbaijan, authorities continue deny registration. Independent NGOs face continuous investigations and human rights defenders are being banned from travelling abroad, depending on their willingness to find agreements with the government, including agreements on their professional activities and their public statements.
Restrictions to laws affecting the right to freedom of association have been widely criticised since October 2011. Such legislation de facto criminalises human rights defenders in Azerbaijan, not for their wrong doing, but rather for the fact that working for an NGO, which does not have the blessing of the government, has become difficult in Azerbaijan. United Nations experts stated ahead of the Presidential elections that they “observed since 2011 a worrying trend of legislation which has narrowed considerably the space in which civil society and defenders operate in Azerbaijan.” The order given to the Human Rights House Azerbaijan in March 2011 to cease all its activities is a consequence of such policies.
The NGOs call upon the Azerbaijani authorities, in their joint letter to President Ilham Aliyev of 5 August 2014, to immediately and unconditionally release Leyla Yunus, Arif Yunus, Rasul Jafarov, and lift all charges held against them. The NGOs see this pre-trial detention of Leyla Yunus, Arif Yunus and Rasul Jafarov as a way to silence them. The NGOs also repeat their previous call to release Anar Mammadli and Bashir Suleymanli, and join calls for the release of Hasan Huseynli.
The NGOs further call upon the Azerbaijani authorities to take appropriate measures to put an end to the attacks, detention and harassment of human rights defenders, journalists and activists, and to take steps in order to foster a safe environment for them, in line with Azerbaijan’s international obligations and commitments, especially as the chair of the Committee of Ministers of the Council of Europe.
Signed by:
Human Rights House Azerbaijan (on behalf of the following NGOs):
- Association for the Protection of Women’s Rights
- Azerbaijan Lawyers Association
- Institute for Reporters’ Safety and Freedom
- Legal Education Society
- Media Rights Institute
- Society for Humanitarian Research
- Women Association for Rational Development
Barys Zvozskau Belarusian Human Rights House in exile, Vilnius (on behalf of the following NGOs):
- Belarusian Association of Journalists
- Belarusian Helsinki Committee
- City Public Association “Centar Supolnaść”
- Human Rights Centre “Viasna”
Human Rights House Belgrade (on behalf of the following NGOs):
- Belgrade Centre for Human Rights
Human Rights House Kiev (on behalf of the following NGOs):
- Association of Ukrainian Human Rights Monitors on Law-Enforcement
- Human Rights Information Centre
- Center for Civil Liberties
- Ukrainian Helsinki Human Rights Union
- Ukrainian Legal Aid Foundation
Human Rights House London (on behalf of the following NGOs):
- Article 19
- Index on Censorship
Human Rights House Sarajevo (on behalf of the following NGOs):
- Helsinki Committee for Human Rights in Bosnia and Herzegovina
Human Rights House Tbilisi (on behalf of the following NGOs):
- Article 42 of the Constitution
- Georgian Centre for Psychosocial and Medical Rehabilitation of Torture Victims
- Human Rights Centre
Human Rights House Oslo (on behalf of the following NGOs):
- Human Rights House Foundation
- Norwegian Burma Committee
- Norwegian Helsinki Committee
Human Rights House Voronezh (on behalf of the following NGOs):
- Charitable Foundation
- Civic Initiatives Development Centre
- Confederation of Free Labor
- For Ecological and Social Justice
- Free University
- Golos
- Interregional Trade Union of Literary Men
- Lawyers for labor rights
- Memorial
- Ms. Olga Gnezdilova
- Soldiers Mothers of Russia
- Voronezh Journalist Club
- Voronezh-Chernozemie
- Youth Human Rights Movement
Human Rights House Yerevan (on behalf of the following NGOs):
- Helsinki Citizens’ Assembly-Vanadzor
- Helsinki Association for Human Rights
- Journalists’ Club “Asparez”
- Public Information and Need of Knowledge NGO
- Shahkhatun
- Women’s Resource Center
Human Rights House Zagreb (on behalf of the following NGOs):
- APEO/UPIM Association for Promotion of Equal Opportunities for People with Disabilities
- B.a.B.e.
- CMS – Centre for Peace Studies
- Documenta – Centre for Dealing with the Past
- GOLJP – Civic Committee for Human Rights
- Svitanje – Association for Protection and Promotion of Mental Health
The Rafto House in Bergen, Norway (on behalf of the following NGOs):
The House of the Helsinki Foundation For Human Rights, Poland (on behalf of the following NGOs):
- Helsinki Foundation for Human Rights
Election Monitoring and Democracy Studies Center, Azerbaijan
Foundation “Multiethnic Resource Center for Civic Education Development”, Georgia
People in Need, Czech Republic
Public Movement Multinational, Georgia
Public Association for Assistance to Free Economy, Azerbaijan
Public Union of Democracy and Human Rights Resource Centre, Azerbaijan
This statement was originally posted on Aug 5, 2014 at http://humanrightshouse.org/Articles/20321.html
30 Jul 14 | Europe and Central Asia, European Union, News and features, United Kingdom
The British House of Lords has slammed the recent “right to be forgotten” ruling by the court of justice of the European Union, deeming it “unworkable” and “wrong in principle”.
The Lords’ Home Affairs, Health and Education EU Sub-Committee stated in a report on the ruling, published Wednesday, that: “It ignores the effect on smaller search engines which, unlike Google, may not have the resources to consider individually large numbers of requests for the deletion of links.”
The committee added that: “It is wrong in principle to leave to search engines the task of deciding many thousands of individual cases against criteria as vague as ‘particular reasons, such as the role played by the data subject in public life’. We emphasise again the likelihood that different search engines would come to different and conflicting conclusions on a request for deletion of links.”
The ruling from May this year forces search engines, like Google, to remove links to articles found to be outdated or irrelevant at the request of individuals, even if the information in them is true and factual and without the original source material being altered. Following this, Google introduced a removal form which received some 70,000 requests within two months.
The Lords committee recommends, among other things, that the “government should persevere in their stated intention of ensuring that the Regulation no longer includes any provision on the lines of the Commission’s ‘right to be forgotten'”.
Index on Censorship has repeatedly spoken out against the ruling, stating that it “violates the fundamental principles of freedom of expression“, is “a retrograde move that misunderstands the role and responsibility of search engines and the wider internet” and “a blunt instrument ruling that opens the door for widespread censorship and the whitewashing of the past”.
This article was posted on July 30, 2014 at indexoncensorship.org
26 Jun 14 | About Index, Campaigns, Statements, Ukraine
President Petro Poroshenko
11 Bankova street
01220 Kyiv
Ukraine
26 June 2014
Mr President,
We, the undersigned members and partners of the Human Rights House Network (HRHN), condemned in the strongest terms human rights violations which took place throughout Ukraine since 29 November 2013, and now call upon you to extend the mandate of the International Criminal Court investigations (taking into account events in Crimea and Eastern Ukraine) and to ratify the Rome Statute, in order to encourage such investigations, as an essential part of bringing peace to the country.
We welcome the repeated pledges of Ukrainian authorities to investigate all human rights violations committed since 29 November 2013 and hold those accountable, throughout the country and irrespective of which side the violator belongs to in the ongoing armed conflict in East Ukraine. The current situation of impunity must end.
The International Criminal Court is the only international body able to not only document grave human rights violations, amounting to core international crimes (war crimes, crimes against humanity, or genocide), but also investigate individuals responsible for such crimes. In order to restore peace and strengthen trust into State institutions, those responsible for such human rights violations have to be held accountable. We have for a long time called for a comprehensive reform of the judicial system in the country, which still remains to be initiated. Unfortunately, the national judicial system now shows its limits and in our view it is clear that it does not have the adequate knowledge, independence and resources to investigate all human rights violations since 29 November 2013 throughout the country.
Therefore, it is necessary to activate the international justice system, based on the complementarity principle, to guarantee that investigation into core international crimes committed by all parties in Ukraine, including by members of law enforcement and State agents, is credible and transparent, bringing those responsible to justice.
The Court’s jurisdiction should however not be limited in time, as it is now. On 17 April 2014, the Government of Ukraine indeed lodged a declaration under Article 12(3) of the Rome Statute accepting the jurisdiction of the ICC over crimes committed on its territory from 21 November 2013 to 22 February 2014.[3] We now call upon the Government to issue a declaration extending ICC jurisdiction from 21 November 2013 until the date of the entry into force of the Rome Statute for Ukraine.
We also call upon the authorities in Ukraine to accede to the Rome Statute as soon as possible. By doing this, Ukraine will make an important step to permanently depart from the culture of impunity that is prevailing.
In addition to the investigation into human rights violations, and action taken to end the use of violence in the country, Ukraine needs to undertake a massive reform of its legislation and practice in many fields. Ukraine’s law enforcement agencies have needed radical reform for a long time now: It is not about changing the names of institutions and units or about window-dressing, but about systemic changes, starting from the principles for establishing and structuring enforcement agencies, and ending with approaches to evaluating their performance.
We therefore support Ukraine’s efforts to propose a resolution at the United Nations Human Rights Council’s on-going session, although we deeply regret the draft resolution’s silence about the role of civil society in the country and the need for an investigation by the Court.
In Ukraine, human rights NGOs have proven their strong commitment to the rule of law and the respect of all human rights for all people, as well as their high level of professionalism and excellence. No country can build a sustainable future without full inclusion of civil society in decision-making, especially Ukraine in its present situation. Furthermore, States and leaders in all sectors of society must acknowledge publicly the important and legitimate role of human rights defenders in the promotion of human rights, democracy and rule of law, and avoid stigmatisation, as stated by the Human Rights Council resolution 22/6 of 21 March 2013.
Finally, we also welcome the reference in the draft resolution on Ukraine at the Human Rights Council to the extremely worrying human rights situation in Crimea and join Ukrainian authorities, the United Nations, the Organisation for Security and Cooperation in Europe, and other international voices, in condemning the enforcement of legislation of the Russian Federation on the territory of Crimea, at variance with the United Nations General Assembly resolution 68/262.
The role of civil society is essential in documenting human rights violations in Crimea and providing support to victims of such violations. A field mission has been launched by Ukrainian and Russian human rights defenders in co-operation, with which we expect full cooperation by all governmental agents in Ukraine.
On this background, we call upon you Mr President and the Government, with no further delay, to issue a declaration to extend the jurisdiction of the International Criminal Court from 21 November 2013 until the date of Ukraine’s accession to the Rome Statute either through appeal of the competent body of the Government or by adopting the Draft Law #4081a.
We further call upon you to:
- Take all necessary measures to support the work of human rights NGOs, journalists and bloggers and other media, including by investigating any threats, intimidation, harassment and violence against them, including arbitrary detentions, abductions, attacks and killings;
- Strongly and publicly acknowledge the important and legitimate role of human rights defenders in the promotion of human rights, democracy and the rule of law as an essential component of ensuring their protection; In line with United Nations Human Rights Council resolution 22/6 of 21 March 2013, paragraph 5
- Ensure that the reform process in the country, as well as all dialogue about the future of the country, is inclusive and transparent, giving space to civil society.
Sincerely,
Human Rights House Kyiv (on behalf of the following NGOs):
- Association of Ukrainian Human Rights Monitors on Law Enforcement (Association UMDPL)
- Centre for Civil Liberties
- Human Rights Information Center
- Institute of Mass Information
- Kharkiv Human Rights Protection Group
- La Strada Ukraine
- NGO “For Professional Journalism” – Svidomo
- Ukrainian Helsinki Human Rights Union
Education Human Rights House Chernihiv (on behalf of the following NGOs):
- Chernihiv Public Committee of Human Rights Protection
- Center of Humnistic Tehnologies “AHALAR”
- Center of Public Education “ALMENDA”
- Human Rights Center “Postup”
- Local Non-governmental Youth organizations М’АRТ
- Transcarpathian Public Center
- Ukrainian Helsinki Human Rights Union
Azerbaijan Human Rights House (on behalf of the following NGOs):
- Association for Protection of Women’s Rights – APWR
- Azerbaijan Human Rights Centre (AHRC)
- Institute for Peace and Democracy
- Human Rights Centre
- Legal Education Society
- Legal Protection and Awareness Society
- Media Rights Institute
- Public Union of Democracy Human Rights Resource Centre
- Women’s Association for Rational Development (WARD)
Barys Zvozskau Belarusian Human Rights House in exile, Vilnius
- Belarusian Association of Journalists
- Belarusian PEN Centre
- Belarusian Helsinki Committee
Human Rights House Belgrade (on behalf of the following NGOs):
- Belgrade Centre for Human Rights
- Helsinki Committee for Human Rights, Serbia
- Human Rights House Belgrade and Lawyers’ Committee for Human Rights –YUCOM
Human Rights House London (on behalf of the following NGOs):
- Index on Censorship
- Vivarta
Human Rights House Tbilisi (on behalf of the following NGOs):
- Article 42 of the Constitution
- Caucasian Centre for Human Rights and Conflict Studies (CAUCASIA)
- Georgian Centre for Psychosocial and Medical Rehabilitation of Torture Victims
- Media Institute
- Human Rights Center
- Union Sapari – Family Without Violence
Human Rights House Oslo (on behalf of the following NGOs):
- Human Rights House Foundation
- Norwegian Helsinki Committee
- Health and Human Rights Info
Human Rights House Voronezh (on behalf of the following NGOs):
- Civic Initiatives Development Centre
- Confederation of Free Labor
- For Ecological and Social Justice
- Free University
- Golos
- Interregional Trade Union of Literary Men
- Lawyers for labor rights
- Memorial
- Ms. Olga Gnezdilova
- Soldiers Mothers of Russia
- Voronezh Journalist Club
- Roronezh – Chernozemie
- Youth Human Rights Movement
Human Rights House Yerevan (on behalf of the following NGOs):
- Helsinki Citizens’ Assembly – Vanadzor
- Journalists’s Club Asparez
- Public Information and Need of Knowledge – PINK
Human Rights House Zagreb (on behalf of the following NGOs):
- APEO / UPIM Association for Promotion of Equal Opportunities for People with Disabilities
- B.a.B.e.
- CMS – Centre for Peace Studies
- Documenta – Centre for Dealing with the Past
- GOLJP – Civic Committee for Human Rights
- Svitanje – Association for Protection and Promotion of Mental Health
The Rafto House in Bergen – Norway (on behalf of the following NGOs):
The House of the Helsinki Foundation For Human Rights – Poland (on behalf of the following NGOs):
- Helsinki Foundation for Human Rights, Poland
Copies have been sent to:
- Mr Oleksandr Turchynov, Chairman of Verkhovna Rada
- Office of the Commissioner for Human Rights of the Council of Europe
- Private Office of the Secretary General of the Council of Europe
- Chairman of the Organisation for Security and Cooperation in Europe (OSCE)
- OSCE Special Monitoring Mission to Ukraine
- OSCE’s Office for Democratic Institutions and Human Rights
- United Nations Human Rights Monitoring Mission in Ukraine
- Delegation of the European Union in Ukraine
- Subcommittee on Human Rights of the European Parliament
- Diplomatic community in Kyiv, Brussels, Geneva and Strasbourg
- Various ministries of foreign affairs and parliamentary committees on foreign affairs
About the Human Rights House Network (www.humanrightshouse.org)
The Human Rights House Network (HRHN) unites 87 human rights NGOs joining forces in 18 independent Human Rights Houses in 13 countries in Western Balkans, Eastern Europe and South Caucasus, East and Horn of Africa, and Western Europe. HRHN’s mandate is to protect, empower and support human rights organisations locally and unite them in an international network of Human Rights Houses.
The Human Rights House Kyiv and the Education Human Rights House Chernihiv are members of HRHN. 10 independent Ukrainian human rights NGOs are members of both Human Rights Houses.
The Human Rights House Foundation (HRHF), based in Oslo (Norway) with an office in Geneva (Switzerland), is HRHN’s secretariat. HRHF is international partner of the South Caucasus Network of Human Rights Defenders and the emerging Balkan Network of Human Rights Defenders.
HRHF has consultative status with the United Nations and HRHN has participatory status with the Council of Europe.
