You can’t “put the genie back in the bottle”

Mark Clifford, Kris Cheng and Benedict Rogers speak in parliament ahead of the 25th anniversary of the handover of Hong Kong

Mark Clifford, Kris Cheng and Benedict Rogers speak in parliament ahead of the 25th anniversary of the handover of Hong Kong

“The fear of possibly being attacked by the far-reaching Chinese Communist Party is always there.” These were the words of political activist Nathan Law. His background in peaceful activism and outspoken pro-democratic views have made him a target of the Chinese Communist Party.

Law, who is best known as one of the student leaders of the Umbrella Movement and who was the youngest legislator in Hong Kong history, fled Hong Kong in 2020, a few days before the implementation of the National Security Law (NSL). In the same year, Law was listed as one of the 100 most influential individuals in the world by Time Magazine.

Law was speaking at an event organised by Index on Censorship and The Committee for Freedom in Hong Kong inside parliament, the heart of British politics. The purpose? To highlight the actions of the Chinese government and showcase the fearmongering tactics used to manipulate and intimidate all Hong Kongers, both domestic residents and those abroad, ahead of the 25th anniversary handover of Hong Kong from British rule to Beijing rule.

The event was chaired by Index on Censorship’s Jemimah Steinfeld and hosted by Neil Coyle, a Member of Parliament. Other panellists included Mark Clifford, former editor-in-chief for both The Standard and The South China Morning Post as well as president of the Committee for Freedom in Hong Kong, Evan Fowler, a writer and researcher from Hong Kong, Benedict Rogers, the CEO of Hong Kong Watch, and Kris Cheng, a journalist who used to work at Hong Kong Free Press.

Coyle kicked it off by setting the tone of the evening’s conversation: “What we [are] discussing and hearing today in this building would guarantee the panellists’ arrests and imprisonments were they to say the same in Hong Kong today.”

The implementation of the NSL has placed a stranglehold on dissent. While the punishment for violating the law is clear — up to life in prison for some “offences”— how the Chinese government interprets and manipulates the law falls into a grey zone, leaving many Hong Kong residents in a perpetual state of fear.

The NSL was a turning point, though Clifford said that “Hong Kong was always living on borrowed time”. But he spoke of how pre-handover it wasn’t always obvious the direction China would take, as the last governor of Hong Kong, Chris Patten, had created a much more pluralistic society. Speaking of this period, Clifford said that “the Chinese rightly understood that once Hong Kong people tasted freedom and democracy, it was going to be hard to put the genie back in the bottle.”

Rogers also spoke of a time where there was still hope. “For the five years that I lived and worked in Hong Kong, those first five years after the handover, that sense of foreboding when I got there appeared to have largely receded. There was a sense that One country, Two systems, by and large, was working pretty well. Hong Kong felt pretty free.”

By the time Rogers left in 2002, however, he started to see the subtle warning signs turn increasingly more substantial. “I saw some worrying signs that made me decide after five years it was time for me to move on.”

Fowler recalled the days surrounding the Handover. “It’s now being celebrated as this great event where Hong Kong was returned to the Motherland, where all the comrades happily embraced returning to the Communist fold. I really didn’t feel that at all. The feeling that I remember was that people didn’t know what was going to happen. Taking what [Clifford] said earlier about the old colonial saying ‘borrowed place on borrowed time,’ there really was a sense of that.”

Fowler went on to share an analysis of two different eras in history. “I suppose the big transition was before 1997. No matter how things were going in Hong Kong, there was always this feeling that you didn’t know what future lay in store, and ultimately you knew that that future wasn’t to be decided by you.”

Post-1997, Fowler said the general consensus was that people believed most issues had been resolved, but that it certainly wasn’t a wonderful celebration every time. Today though the CCP is trying hard to erase any memories of protest and misgivings from the time, as we recently reported here.

Chinese propaganda is something panellist Cheng was accustomed to throughout his childhood in Hong Kong. At school, Cheng went on a “national education tour” in Beijing. Cheng said the tour was a way to influence the minds of younger generations. “The whole thing is to let you have the experience in the Chinese government and capital, to know what was going on in China, to build that identity. I called it ‘softcore propaganda.’”

Cheng used this experience as motivation for his career as editorial director at Hong Kong Free Press. It also made Cheng realise the dissimilarities between Hong Kong and China. “I don’t think, at the time, that there was some sort of Hong Kong identity in the Hong Kong people, but it actually made me feel like ‘Wait, we [Hong Kongers] are a bit different.’”

Themes of oppression and manipulation were hit on heavily throughout the event. Law argued that the “fight of Hong Kong is not only for Hong Kong people”. He believes that the democratic nations of the world must “stand at the forefront of the global resistance and pushback against the rise of authoritarianism. At the end of the day, if we cannot contain the aggression of the Chinese Communist Party, there will be no ability to make a change in Hong Kong.”

“If the case of Hong Kong can remind us how fragile freedoms and democracy are and how underprepared we have been for the past few decades, then it can remind everyone we need resources and [need] to form global alliances to heckle these dictators’ aggression,” said Law.

He urged individuals on the panel and those within the room to “not let the government forget the atrocities committed against protesters and pro-democracy movements, at least until we have gathered enough mechanisms to hold these human rights perpetrators accountable.”

You can listen to a recording of our Hong Kong event here.

Raised voices: why we must continue to listen

This week has been awful.

The news has been devastating and all consuming. But that feels like it’s becoming the norm.

In Belarus, our friends remain under attack – Andrei and Irina’s trial began on Monday. We have no idea of the outcome.

In Brazil, Dom Phillips and his colleague Bruno Araújo Pereira remain missing – but with reports of fresh blood being found, our hearts break for their loved ones.

In Ukraine, we see daily the death and destruction caused by the Russian invasion, up to 200 Ukrainian soldiers killed a day. And the reports of cholera in Mariupol are beyond my comprehension in the twenty-first century.

In Russia, the crackdown against dissidents continues unabated – with limited coverage. 160 people are currently defending criminal cases for anti-war statements and this week a close associate of Alexei Navalny was tried in absentia and placed on the international wanted list.

In the Philippines, Ferdinand Marcos Jr has been elected as the next President and made his first visit to the US as President-Elect – seemingly the legacy of his parents no longer an electoral or diplomatic issue.

In Hong Kong, six brave democracy protesters were arrested for the temerity of marking the anniversary of Tiananmen Square.

In the US – the inquiry into the Capitol Riot is officially underway – highlighting just how fragile our collective democracy is and how desperately we need to cherish and protect it.

And that’s before I even touch on what is happening in the UK, the ongoing political crises, and the ideologically incoherent approach to freedom of expression protections.

And in too many countries this is now framed through the prism of a cost-of-living crisis as a scale that we haven’t seen for a generation.

My only comfort is that we know what is happening. In a digital age it is very difficult for any leader, however repressive, to completely silence dissent about their domestic actions. The joy of a free press in democratic countries is that it enables us to be informed and to demand more and better – from our own leaders and from those that claim a global role. It enables us to analyse the scale of the threat and to try and prioritise our efforts in assisting those brave enough to stand against tyranny.

Index exists to provide a platform for the persecuted. We work every day with those who refuse to be silenced. The least we can do is listen to them and then join their fight.

Will athletes risk the wrath of Beijing to stand up for human rights?

Athlete protest has been almost as common a feature of the Olympic Games as elite sporting achievement since its modern inception at the turn of the 20th century.

At the 1906 Games, Irish triple jumper Peter O’Connor protested his registration as a British athlete – Ireland did not have a national Olympic committee at the time – by scaling the flagpole during the award ceremony and waving an Irish flag.

The official recognition of the Games as a platform for protest happened in 1955 when then president of the International Olympic Committee (IOC) Avery Brundage wrote guidelines into the Olympic bylaws. These stated that Olympic host cities had to ensure “no political demonstrations will be held in the stadium or other sport grounds, or in the Olympic Village, during the Games, and that it is not the intention to use the Games for any other purpose than for the advancement of the Olympic Movement”.

This did not stop perhaps the best known of all Olympic protests – the Black Power demonstrations at the 1968 Mexico Olympics when American 200-metre athletes John Carlos and Tommie Smith raised their gloved hands in salute during the US national anthem.

Further changes to athletes’ rights to express themselves were codified in a 1975 update to the Olympic Charter in rule 55, which simply said, “Every kind of demonstration or propaganda, whether political, religious or racial, in the Olympic areas is forbidden”.

The IOC has since moved away from this total ban and now declares itself to be “fully supportive of freedom of expression”.

And yet the most recent version of the rule on athlete expression, now known as Rule 50, state that “no kind of demonstration or political, religious or racial propaganda is permitted in any Olympic sites, venues or other areas”. It does though allow for expressing views outside Olympic sites and venues or before and after the Games. Athletes are also permitted to express their views in press conferences, during interviews and through their own social media channels.

In 2020 IOC member Dick Pound wrote: “Everyone has the right to political opinion and the freedom to express such opinions. The IOC fully agrees with that principle and has made it absolutely clear that athletes remain free to express their opinions in press conferences, in media interviews and on social media. But, in a free society, rights may come with certain limitations. Rule 50 restricts the occasions and places for the exercise of such rights. It does not impinge on the rights themselves.”

Athletes recognised just how much of a platform the games give them to express themselves, particularly with the global, 24-hour coverage afforded to it in modern times. As a result, they’ve always pushed back against bans.  For example, at the delayed 2020 Tokyo Olympics, many athletes and teams took the knee in support of the Black Lives Matter movement within Olympic venues.

So what can we expect from Beijing?

When China last hosted the Olympics in Beijing in 2008, it was a dramatically different country. One continuity was the human rights situation and there were protests organised by activists about human rights abuses in Tibet during those Games. Athletes however kept quiet.

A huge amount has changed in the 14 years since the 2008 Beijing Olympics. Athletes may feel very tempted to speak out. The wider world has been made aware of the Uyghur genocide, involving sterilisation, forced education in detention centres, the disappearance of activists and threats around the world against those who do speak out on the atrocities.

China has also cracked down in Hong Kong, effectively ending the one country, two systems policy. It has introduced the national security law, closed down independent media outlets and jailed political opponents.

Meanwhile, its other abuses – such as those in Tibet – have not gone away. Nor has concern over Chinese tennis star Peng Shuai, who disappeared late last year after she accused a top official of sexual misconduct.

At the Australian Open in January, athletes did use their platform to speak out about Peng Shuai. It would stand to reason the same would happen in Beijing. And yet China is not Australia.

While the rules governing freedom of expression at the Games have been loosened in the wake of athlete protests, Chinese officials have done little to ease concerns over athletes expressing themselves in Beijing. In mid-January, the deputy director of the Beijing organising committee Yang Shu said that “Any expression that is in line with the Olympic spirit I’m sure will be protected.” She then added, “Any behaviour or speech that is against the Olympic spirit, especially against the Chinese laws and regulations, are also subject to certain punishment.”

Basically, speak out and risk prison. It’s a high price to pay.

Then there’s the question of technology. Unlike 2008 when social media was in its infancy, China will be very worried about the potential for protest to reach a much wider audience than before. Anyone making comments on social media from inside the country will be required to communicate with the world through Chinese telecoms companies.

In December, VOA News reported that China has committed to switch off its Great Firewall for athletes and accredited media in the Olympic Village, competition and noncompetition venues, and contracted media hotels.

Just because the Firewall is being relaxed does not mean what athletes say over social media is not being monitored.

One particular concern for athletes at the Games is the requirement to download an app called MY2022 before arriving in China. The app is ostensibly there to maintain a closed loop system relating to Covid measures. However, researchers at Canada’s Citizen Lab says the app is not secure, leading a number of national Olympic committees, including the USA, Canada, the Netherlands and the UK, to advise their athletes to leave their personal devices at home.

In a statement shared with athletes, Canada’s national committee wrote, “We’ve reminded all Team Canada members that the Olympic Games present a unique opportunity for cybercrime and recommended that they be extra diligent at Games, including considering leaving personal devices at home, limiting personal information stored on devices brought to the Games, and to practice good cyber-hygiene at all times.”

The app also has a number of other features beyond health, such as AI-powered translation and weather, and real-time messaging and audio. Citizen Lab says it also includes features that allow users to report “politically sensitive” content while the Android version includes a censorship keyword list.

The organisation said, “We discovered a file named illegalwords.txt which contains a list of 2,442 keywords generally considered politically sensitive in China. However, despite its inclusion in the app, we were unable to find any functionality where these keywords were used to perform censorship. It is unclear whether this keyword list is entirely inactive, and, if so, whether the list is inactive intentionally.”

The list includes terms such as Xi Jinping, Tiananmen riot, Dalai Lama, Xinjiang and forced demolition. Citizen Lab says that many of the terms are in Uyghur or Tibetan scripts, something that is “not common” in other censored apps such as WeChat and YY.

It is highly likely that one or more principled athletes will use the Beijing Games to make a stand over Xinjiang, Tibet or Hong Kong. The question is whether, with the world watching, China will dare to take them to task.

CCP censorship extends well beyond the Olympic Games, including the targeting of Chinese minorities overseas. Index has investigated the extent to which the Chinese government is using its technological and economic leverage, combined with cultural and diplomatic networks, to intimidate, silence, and discredit Uyghurs in Europe. The report – China’s Long Arm: How Uyghurs are being Silenced in Europe – will be published on 10 February 2022. 

Get a free ticket to the launch event here, titled Banned By Beijing: How can Europe stand up for Uyghurs? After the event, check out our website’s Banned By Beijing page to read the report.”

Just a week into 2022 and already violations are stacking up

Happy New Year!

At the start of every year, I have a renewed sense of hope – that maybe, just maybe this year will be different.  That the news won’t be filled with egregious breaches of our human rights. That our leaders will embrace their responsibilities to their citizens and that the values outlined in the Universal Declaration of Human Rights will be the minimum standards adopted around the world, rather than an aspiration.

This naïve wish typically lasts until I turn the news on.

We are hardly one week into 2022 and already dozens of democratic protesters in Kazakhstan have been brutally murdered, thousands hurt and 3,000 people have been arrested for initially campaigning against the cost of fuel. Russian military forces have been deployed to put down the riots and an internet blackout implemented; Nigerian journalists have received suspended jail sentences for publishing reports of organised crime in Niger; In Sudan military efforts to stop democracy protesters have led to one fatality, numerous injuries and restrictions to the internet and communications systems.

Then there is Hong Kong. There a pro-democracy campaigner has been sentenced to 15 months in jail for trying to organise a vigil to commemorate the Tiananmen Square massacre and the pro-democracy website Citizen News has closed following the raid on StandNews at the end of last year. They fear a similar fate, and their closure represents another sign of the end of media freedom and plurality in Hong Kong.

Finally, images of the Capitol riots from a year ago are dominating the news, reminding us of when protest became criminal and deadly at one of the iconic centres of liberal democracy.

These stories are those of just the last week, the stories that have managed to break through our ongoing Covid horror.

The situation in totalitarian regimes from Afghanistan to Nicaragua, from Belarus to Kashmir and too many others remains grim. There are simply too many regimes that seek to exploit and suppress their populations.

Our role at Index is to make sure that the voices of the persecuted are heard. That every effort to silence them is countered and that every day they know that they are not alone, that there is support and solidarity with their plight.

Because we must never forget that behind each of the headlines is a person, a family, a story of a life lived and in too many cases a life threatened or taken.

The year 2022 marks the 50th anniversary of Index on Censorship magazine – 50 years of telling the stories of those who cannot tell their own stories. Fifty years of documenting attacks on free speech and free expression in every corner of the globe. In the coming months Index will be celebrating our birthday, but also commemorating those that we have lost in the fight for free speech during our history.  We will telling some extraordinary stories – and we will need you to help us amplify them.

Happy New Year and I hope you and yours have a safe and happy 2022.