21 Jan 14 | Middle East and North Africa, News and features
A pro-democracy protest in Bahrain, where activists have been jailed for inciting protests through their online activities (Photo: Moh’d Saeed / Demotix)
One hundred and forty characters are all it takes.
Twitter users from Marrakech to Manama know—call for political reforms, joke about a sensitive topic, or expose government abuse and you could end up in jail. Following the overthrow of Muammar Qaddafi and Zine el-Abidine Ben Ali, authorities in Libya and Tunisia unblocked hundreds of websites and dismantled the state surveillance apparatus. But overall, internet freedom in the region has only declined in the three years since the Arab Spring as authoritarian leaders continue to crack down on any and all threats to their ever-tenuous legitimacy.
As the online world has become a fundamental part of Arab and Iranian societies, leaders are waking up to the “dangers” of social media and placing new restrictions on what can be read or posted online. This shift has been most marked in Bahrain, one of the most digitally-connected countries in the world. After a grassroots opposition group took to the streets to demand democratic reforms, authorities detained dozens of users for Twitter and Facebook posts deemed sympathetic to the cause. Similarly, several prominent activists were jailed on charges of inciting protests, belonging to a terrorist organization, or plotting to overthrow the government through their online activities.
Conditions in Egypt—where social media played a fundamental role in mobilising protesters and documenting police brutality—continued to decline over the past year. In only the first six months of Mohammad Morsi’s term, more citizens were prosecuted for “insulting the office of the president” than under Hosni Mubarak’s entire 30-year reign. Cases have now been brought against the same bloggers and activists that were instrumental in rallying the masses to protest against Mubarak (and later Morsi) in Tahrir Square, while countless others were tortured by Muslim Brotherhood thugs or state security forces.
Even in the moderate kingdoms of Morocco and Jordan, state officials are looking to extend their existing controls over newspapers and TV channels to the sphere of online media. Ali Anouzla, a website editor in Morocco, faces terrorism charges in the latest attempt by the state to silence him and his popular online newspaper, Lakome. Access to independent journalism is even worse in Jordan, where over 200 news sites have been blocked for failing to obtain a press license. The government instituted burdensome requirements in a bid to deter any views that counter the state-sponsored narrative.
If governments are beginning to pay attention, it is because online tools for social mobilisation and individual expression are having a profound impact. Social media accounts were set up for every candidate in Iran’s 2013 presidential elections, despite the fact that Twitter, Facebook, and YouTube are all blocked within the country. In Saudi Arabia – which now boasts the highest Twitter and YouTube usage per capita of any country in the world – social media has been used to promote campaigns for women’s right to drive, to highlight the mistreatment of migrant workers, and to debate sensitive subjects such as child molestation. Citizen journalism was vital in documenting chemical weapons use in Syria, and a new online platform alerts local residents of incoming scud missiles. Nonetheless, Iran, Saudi Arabia, and Syria rank as some of the least free countries in the world in terms of internet freedom according to Freedom House’s Freedom on the Net study.
Remarkably, the country that has made the most positive strides over the past three years, was once among the most repressive online environments in the region – Tunisia. Protest videos from the town of Sidi Bouzid led to an intense crackdown on online dissidents by the Ben Ali regime. Digital activists even enlisted the help of Anonymous, the hacktivist group, to rally international media attention, provide digital security tools, and bring down government websites. Since then, Tunisian authorities have ceased internet censorship, reformed the regulatory environment, and ceded control of the state-owned internet backbone. Tunisia is now the only country in the region to have joined intergovernmental group the Freedom Online Coalition.
So while the snowball effect of social media contributed to the overthrow of several despots, many of the region’s internet users conversely find themselves in more restrictive online environments than in January 2011. Authoritarian governments now know exactly what the face of revolution looks like and, over the past three years, have shown their commitment to counter the internet’s potential to empower citizens and mobilise opposition. Users in liberal democracies may joke about the insignificance of “liking” a post on Facebook or uploading a video to YouTube, but in a region where your social media activity can make you an enemy of the state, 140 characters can lead to serious repercussions.
This article was posted on 21 January 2014 at indexoncensorship.org
17 Jan 14 | Middle East and North Africa, News and features, Palestine
A leading Palestinian human rights activist has claimed that freedom of speech is far greater under the Hamas regime in Gaza than in the Fatah-controlled West Bank.
Khalil Abu Shamala, director of the al-Dameer Centre For Human Rights – which works in both Gaza and the West Bank – said that although there were still occasional arrests of Fatah members, “nowadays we don’t document many violations”.
He noted that this was partly down to Hamas’s weakness in the face of international pressures, particularly the breakdown of relations with the Egyptian regime.
In the past, Hamas has made large-scale arrests of journalists and called many others in for questioning, with opposition activists and bloggers facing harassment.
But although abuses still occurred in Gaza, Abu Shamala said that government forces in the Palestinian Authority–controlled West Bank took much harsher action against critics.
“Freedom of expression in Gaza is better than in the West Bank,” he told Index on Censorship. “We have many cases where the PA arrest and attack people because they criticize them on Facebook, and many Facebookers in the West Bank use alternative names, not their real names. But here, they speak without any harassment by Hamas.”
A rift between Hamas and Fatah, which culminated in the Islamist group seizing power in the Strip in 2007, has led to the creation of two near-separate entities in Gaza and the West Bank. Hamas refuses to recognise the Jewish state and is under an embargo by Israel and the international community.
“I don’t know why, but in the West Bank, Palestinian Authority security systems have cooperation and coordination with Israel – and they don’t want to give the opportunity for a third intifada, and they don’t want to allow Hamas or those who are against the Palestinian Authority [to speak out] because they know many of the Palestinians in the West Bank hate the Palestinian Authority,” Abu Shammala continued.
Hamas has previously issued proceedings against Abu Shamala for his outspoken criticism of the Islamist group.
“After they took over Gaza, they wanted from the beginning to impose their Islamic agenda on the society,” he said, adding that his organisations and others had tried to combat these efforts.
The Hamas deputy foreign minister, Ghazi Hamed, denies that his government took any action to silence their critics.
“We are not oppressing people and people can speak loudly, can criticise the government, can criticise Hamas,” said Hamed. “We never put anyone in jail who criticizes Hamas or write something against Hamas. We have different organisations, political parties, even writers, they have full freedom to write what they want.”
15 Jan 14 | Europe and Central Asia, European Union, Index Reports, News and features, Politics and Society
This article is part of a series based on our report, Time to Step Up: The EU and freedom of expression
Beyond its near neighbourhood, the EU works to promote freedom of expression in the wider world. To promote freedom of expression and other human rights, the EU has 30 ongoing human rights dialogues with supranational bodies, but also large economic powers such as China.
The EU and freedom of expression in China
The focus of the EU’s relationship with China has been primarily on economic development and trade cooperation. Within China some commentators believe that the tough public noises made by the institutions of the EU to the Chinese government raising concerns over human rights violations are a cynical ploy so that EU nations can continue to put financial interests first as they invest and develop trade with the country. It is certainly the case that the member states place different levels of importance on human rights in their bilateral relationships with China than they do in their relations with Italy, Portugal, Romania and Latvia. With China, member states are often slow to push the importance of human rights in their dialogue with the country. The institutions of the European Union, on the other hand, have formalised a human rights dialogue with China, albeit with little in the way of tangible results.
The EU has a Strategic Partnership with China. This partnership includes a political dialogue on human rights and freedom of the media on a reciprocal basis.[1] It is difficult to see how effective this dialogue is and whether in its present form it should continue. The EU-China human rights dialogue, now 14 years old, has delivered no tangible results.The EU-China Country Strategic Paper (CSP) 2007-2013 on the European Commission’s strategy, budget and priorities for spending aid in China only refers broadly to “human rights”. Neither human rights nor access to freedom of expression are EU priorities in the latest Multiannual Indicative Programme and no money is allocated to programmes to promote freedom of expression in China. The CSP also contains concerning statements such as the following:
“Despite these restrictions [to human rights], most people in China now enjoy greater freedom than at any other time in the past century, and their opportunities in society have increased in many ways.”[2]
Even though the dialogues have not been effective, the institutions of the EU have become more vocal on human rights violations in China in recent years. For instance, it included human rights defenders, including Ai Weiwei, at the EU Nobel Prize event in Beijing. The Chinese foreign ministry responded by throwing an early New Year’s banquet the same evening to reduce the number of attendees to the EU event. When Ai Weiwei was arrested in 2011, the High Representative for Foreign Affairs Catherine Ashton issued a statement in which she expressed her concerns at the deterioration of the human rights situation in China and called for the unconditional release of all political prisoners detained for exercising their right to freedom of expression.[3] The European Parliament has also recently been vocal in supporting human rights in China. In December 2012, it adopted a resolution in which MEPs denounced the repression of “the exercise of the rights to freedom of expression, association and assembly, press freedom and the right to join a trade union” in China. They criticised new laws that facilitate “the control and censorship of the internet by Chinese authorities”, concluding that “there is therefore no longer any real limit on censorship or persecution”. Broadly, within human rights groups there are concerns that the situation regarding human rights in China is less on the agenda at international bodies such as the Human Rights Council[4] than it should be for a country with nearly 20% of the world’s population, feeding a perception that China seems “untouchable”. In a report on China and the International Human Rights System, Chatham House quotes a senior European diplomat in Geneva, who argues “no one would dare” table a resolution on China at the HRC with another diplomat, adding the Chinese government has “managed to dissuade states from action – now people don’t even raise it”. A small number of diplomats have expressed the view that more should be done to increase the focus on China in the Council, especially given the perceived ineffectiveness of the bilateral human rights dialogues. While EU member states have shied away from direct condemnation of China, they have raised freedom of expression abuses during HRC General Debates.
The Common Foreign and Security Policy and human rights dialogues
The EU’s Common Foreign and Security Policy (CFSP) is the agreed foreign policy of the European Union. The Maastricht Treaty of 1993 allowed the EU to develop this policy, which is mandated through Article 21 of the Treaty of the European Union to protect the security of the EU, promote peace, international security and co-operation and to consolidate democracy, the rule of law and respect for human rights and fundamental freedom. Unlike most EU policies, the CFSP is subject to unanimous consensus, with majority voting only applying to the implementation of policies already agreed by all member states. As member states still value their own independent foreign policies, the CFSP remains relatively weak, and so a policy that effectively and unanimously protects and promotes rights is at best still a work in progress. The policies that are agreed as part of the Common Foreign and Security Policy therefore be useful in protecting and defending human rights if implemented with support. There are two key parts of the CFSP strategy to promote freedom of expression, the External Action Service guidelines on freedom of expression and the human rights dialogues. The latter has been of variable effectiveness, and so civil society has higher hopes for the effectiveness of the former.
The External Action Service freedom of expression guidelines
As part of its 2012 Action Plan on Human Rights and Democracy, the EU is working on new guidelines for online and offline freedom of expression, due by the end of 2013. These guidelines could provide the basis for more active external policies and perhaps encourage a more strategic approach to the promotion of human rights in light of the criticism made of the human rights dialogues.
The guidelines will be of particular use when the EU makes human rights impact assessments of third countries and in determining conditionality on trade and aid with non-EU states. A draft of the guidelines has been published, but as these guidelines will be a Common Foreign and Security Policy document, there will be no full and open consultation for civil society to comment on the draft. This is unfortunate and somewhat ironic given the guidelines’ focus on free expression. The Council should open this process to wider debate and discussion.
The draft guidelines place too much emphasis on the rights of the media and not enough emphasis on the role of ordinary citizens and their ability to exercise the right to free speech. It is important the guidelines deal with a number of pressing international threats to freedom of expression, including state surveillance, the impact of criminal defamation, restrictions on the registration of associations and public protest and impunity against human right defenders. Although externally facing, the freedom of expression guidelines may also be useful in indirectly establishing benchmarks for internal EU policies. It would clearly undermine the impact of the guidelines on third parties if the domestic policies of EU member states contradict the EU’s external guidelines.
Human rights dialogues
Another one of the key processes for the EU to raise concerns over states’ infringement of the right to freedom of expression as part of the CFSP are the human rights dialogues. The guidelines on the dialogues make explicit reference to the promotion of freedom of expression. The EU runs 30 human rights dialogues across the globe, with the key dialogues taking place in China (as above), Kazakhstan, Kyrgyzstan, Tajikistan, Turkmenistan, Uzbekistan, Georgia and Belarus. It also has a dialogues with the African Union, all enlargement candidate countries (Croatia, the former Yugoslav republic of Macedonia and Turkey), as well as consultations with Canada, Japan, New Zealand, the United States and Russia. The dialogue with Iran was suspended in 2006. Beyond this, there are also “local dialogues” at a lower level, with the Heads of EU missions, with Cambodia, Bangladesh, Egypt, India, Israel, Jordan, Laos, Lebanon, Morocco, Pakistan, the Palestinian Authority, Sri Lanka, Tunisia and Vietnam. In November 2008, the Council decided to initiate and enhance the EU human rights dialogues with a number of Latin American countries.
It is argued that because too many of the dialogues are held behind closed doors, with little civil society participation with only low-level EU officials, it has allowed the dialogues to lose their importance as a tool. Others contend that the dialogues allow the leaders of EU member states and Commissioners to silo human rights solely into the dialogues, giving them the opportunity to engage with authoritarian regimes on trade without raising specific human rights objections.
While in China and Central Asia the EU’s human rights dialogues have had little impact, elsewhere the dialogues are more welcome. The EU and Brazil established a Strategic Partnership in 2007. Within this framework, a Joint Action Plan (JAP) covering the period 2012-2014 was endorsed by the EU and Brazil, in which they both committed to “promoting human rights and democracy and upholding international justice”. To this end, Brazil and the EU hold regular human rights consultations that assess the main challenges concerning respect for human rights, democratic principles and the rule of law; advance human rights and democracy policy priorities and identify and coordinate policy positions on relevant issues in international fora. While at present, freedom of expression has not been prioritised as a key human rights challenge in this dialogue, the dialogues are seen by both partners as of mutual benefit. It is notable that in the EU-Brazil dialogue both partners come to the dialogues with different human rights concerns, but as democracies. With criticism of the effectiveness and openness of the dialogues, the EU should look again at how the dialogues fit into the overall strategy of the Union and its member states in the promotion of human rights with third countries and assess whether the dialogues can be improved.
[1] It covers both press freedom for the Chinese media in Europe and also press freedom for European media in China.
[2] China Strategy Paper 2007-2013, Annexes, ‘the political situation’, p. 11
[3] “I urge China to release all of those who have been detained for exercising their universally recognised right to freedom of expression.”
[4] Interview with European diplomat, February 2013.
24 Dec 13 | News and features, Religion and Culture
Art is one of the most prominent forms of freedom of expression, allowing people to express their thoughts through song, dance, prose and theatre. It is not uncommon across the world for performers to be attacked as a form of censorship, ultimately silencing what they are trying to say.
Ala Yaacoub- Tunisian rapper, two years imprisonment
Tunisian rapper Weld El 15, real name Ala Yaacoub, was sentenced to two years in prison after posting a song online in which he insulted and threatened police.
Yaacoub, 25, told AFP that in the rap, entitled The Police are Dogs, he used the same terms that the police use to speak about the youth: “The police have to respect citizens if they want to be respected. I am afraid because in a country like Tunisia the law is not applied; you can expect anything.”
Some of those involved in the production of the music video for the rap, including director Mohamed Hedi Belgueyed and actress Sabrine Klibi, were handed suspended sentences of six months. Yaacoub was freed a month after his trial and given a suspended six-month term.
Tunisia was the first country to be hit by the ‘Arab Spring’ after which a moderate Islamist-led government was elected after the overthrow of Zine al-Abidine Ben Ali. Since then there has been an increase in ultra-conservative Islamists, Salafists, who have been campaigning for greater public piety in Tunisia.
Aron Atabek – Kazakh poet, 18 years imprisonment
In 2007 Aron Atabek was sentenced to 18 years imprisonment following his involvement in a 2006 protest against an attempt by Kazakh authorities to flatten a shanty town; the protest ended in violent clashes and the death of a police officer.
Whilst in jail Atabek wrote poetry and prose relating to the clash which was later smuggled out of his prison and posted online. The authorities, not happy with this, sentenced Atabek to two years in solitary confinement, serving one year until November 2013. This type of punishment, in which he was watched under 24 hour video surveillance, was nothing new to the poet having spent two years in solitary confinement previously for refusing to wear a prison uniform.
Since leaving solitary confinement and returning to his previous prison Atabek’s family are still yet to have any contact with him.
Malian musicians- 12,000 singers and musicians banned from working
Islamic militants first announced a ban on music in the north of Mail in 2012; since then the ban has spread to nearly two-thirds of the country, a country from which artists such as Ali Farka Touré, Rokia Traoré and Salif Keita have witnessed global success.
After armed militants sent out death threats nearly 12,000 musicians found themselves out of work, with some facing exile, as instruments were destroyed and live venues shut down. The 2013 Festival in the Desert, a world famous Malian music event, was moved to neighbouring Burkina Faso and then later postponed due to security risks.
Fadimata “Disco” Walet Oumar was forced to flee as the conflict in Mali developed: “Life without music is not possible … I would rather die than never be able to perform, create or listen to music again in my life.”
The state of emergency has been lifted in the country and the Islamists driven out of the north of the country by the help of the French. But refugees returning to the country don’t yet believe that Mali’s problems are over.
Tunisian actors
Nineteen actors in the Tunisian city of El Kef were attacked by Salafist Muslims only to be arrested themselves by police under claims of ‘indecency’.
Whilst performing at a small theatre, to help raise funds for another venue that had been burnt down in an arson attack, the group of actors were attacked by the militant group. The performance, entitled “Guetlouh” (They Killed Him), was a tribute to opposition politician Chokri Belaid, who was assassinated in February by suspected Salafists.
The charge for indecent behaviour carries a sentence of up to six months imprisonment in Tunisia.
Lena Hendry
‘No Fire Zone: The Killing Fields of Sri Lanka’ was shown on Channel 4 in 2012, drawing in more than double the viewers of a 11pm broadcast despite the graphic content it showed. The ITN team behind the documentary went on to be nominated for a Nobel Peace Prize.
Lena Hendry, on the other hand faces jail for organising a private screening of the documentary during a human rights event in Kuala Lumpur, Malaysia.
Hendry was charged on 19 September for her involvement in the screening of the documentary on 9 July 2013 under the Film Censorship Act 2002, in connection with the screening of a video which was not vetted and approved by the Film Censorship Board of Malaysia. If convicted she faces a fine of between $1,576 and $9,455, up to three years in jail or both.
The Magistrates’ Court scheduled a final procedural hearing for 17 March 2014, and set the trial dates for 31 March to 4 April 2014. Lena Hendry is bringing a High Court appeal challenging the charges.
