Why US sanctions are a blow to free expression

(Image: Pseudopixels/Shutterstock)

(Image: Pseudopixels/Shutterstock)

If you live in Cuba, Iran or Sudan, and are using the increasingly popular online education tool Coursera, you are likely encounter some access difficulties from this week onwards. Coursera has been included in the US export sanctions regime.

The changes have only come about now, as Coursera believed they and other MOOCs — Massive Open Online Courses — didn’t fall under American export bans to the countries. However, as the company explained in a statement on their official blog: “We recently received information that has led to the understanding that the services offered on Coursera are not in compliance with the law as it stands.”

Coursera, in partnership with over 100 universities and organisations, from Yale to the Korea Advanced Institute of Science and Technology to the Word Bank, offers online courses in everything from Economics and Finance to Music, Film and Audio — free of charge. Over four million students across the world are currently enrolled.

“We envision a future where everyone has access to a world-class education that has so far been available to a select few. We aim to empower people with education that will improve their lives, the lives of their families, and the communities they live in,” they say.

But this noble aim is now being derailed by US economic sanctions policy. People in Cuba, Iran and Sudan will be able to browse the website, but existing students won’t be able to log onto their course pages, and new students won’t be allowed to sign up. Syria was initially included on the list, but was later removed under an exception allowing services that support NGO efforts.

Amid clear-cut cases of censorship, peaceful protesters being attacked and journalists thrown in jail, it is easy forget that access — or rather lack of it — also constitutes a threat to freedom of expression. Lack of access to freedom of expression leads to people being denied an equal voice, influence and active and meaningful participation in political processes and their wider society.

In these connected times, it can be a simple as being denied reliable internet access. Coursera is trying to tackle this problem. They “started building up a mobile-devices team so that students in emerging markets — who may not have round-the-clock access to computers with internet connectivity — can still get some of their coursework done via smartphones or tablets,” reported Forbes.

But this won’t be of much help to students affected by the sanctions, as their access is being restricted not by technological shortcomings, but by misguided policy. Education plays a vital part in helping provide people with the tools to speak out, play an active part in their society and challenge the powers that be. Taking an education opportunity away from people in Cuba, Iran and Sudan is another blow to freedom of expression in countries with already poor records in this particular field.

Furthermore, these sanctions are in part enforced in a bid to stand up for human rights. This loses some of its power, when the people on the ground in the sanctioned countries are being denied a chance to further educate themselves, gaining knowledge that could help them be their own agents of change and stand up for their own rights.

Ironically, this counterproductive move comes not long after a Sudanese civil society group called for a change to US technology sanction.

“We want to be clear that this is not an appeal to lift all sanctions from the Sudanese regime that continues to commit human rights atrocities. This is an appeal to empower Sudanese citizens through improved access to ICTs so that they can be more proactive on issues linked to democratic transformation, humanitarian assistance and technology education — an appeal to make the sanctions smarter,” said campaign coordinator Mohammed Hashim Kambal.

Digital freedom campaigners from around the world have also spoken against the US position

Coursera says they are working to “reinstate site access” to the users affects, adding that: “The Department of State and Coursera are aligned in our goals and we are working tirelessly to ensure that blockage is not permanent.”

For now, students in Iran, Cuba and Sudan could access Coursera through a VPN network.

Hopefully this barrier to freedom of expression in countries where it is sorely needed, will soon be reversed.

This article was posted on 31 January 2014 at indexoncensorship.org

Sudanese civil society calls for change to US digital technology sanctions

The campaign video features stories from Sudanese citizens negatively affected by the US sanctions

A group of Sudanese independent civil society members this week launched a campaign under the banner “The Sudanese Initiative to Lift US Technology Sanctions from Sudan”.

The campaign aims to educate the Sudanese public and American policy-makers about the negative impact of US sanctions on the free access to information communication technologies (ICTs) and the internet in Sudan. The launch marks a year-long advocacy effort that has included talks with US-based civil society groups and the US State Department.

The demands of the campaign is that the US government revisits its sanctions regime on Sudan, on the grounds that current sanctions negatively impact Sudanese citizens’ access to ICTs in a number of sectors, including educational institutions, pro-democracy civil society and humanitarian efforts that utilise geographic information system (GIS) technology.

Although the US announced a partial lifting of sanctions relating to educational exchange in early 2013, this targets research and the free flow of information, not personal use of communication technologies.

The objective of the campaign is to give a voice to, and learn from, the stories of a range of Sudanese citizens negatively affected by these US sanctions. In the campaign video, educators, students, crisis mappers, civil society members and technology professionals recount how US sanctions are limiting their free access to knowledge and information online.

Mohammed Hashim Kambal, the campaign’s coordinator, says: “Through talking to Sudanese citizens belonging to a wide variety of sectors it is clear that US sanctions not only hampers access to independent information but also access to knowledge and to aspects of the internet related to crowdsourcing and crisis mapping.”

He stresses, however: “ We want to be clear that this is not an appeal to lift all sanctions from the Sudanese regime that continues to commit human rights atrocities. This is an appeal to empower Sudanese citizens through improved access to ICTs so that they can be more proactive on issues linked to democratic transformation, humanitarian assistance and technology education — an appeal to make the sanctions smarter”.

For example, the Sudanese pro-democracy civil society is facing great limitations from the government and the Humanitarian Aid Commission (that oversees the work of NGOs), linked to accepting foreign funding. It is impossible to directly crowdfund from Sudanese diaspora groups because of US sanctions that don’t permit the transfer of funds to or from Sudan. They therefore have to organise crowdfunding in cooperation with active members the diaspora, who in turn collect funds and send them by hand to Sudan — a process that takes time and effort.

Additionally, crisis mapping, which was very useful during the last floods in August 2013, is limited in Sudan. Crisis mappers are not able to access or purchase tools and/or applications made by American companies, such as Google (including People Finder and Google Crisis Map) or products by Esri, an American company that specialises in GIS technology.

No Sudanese inside the country can purchase original software online. Regular citizens, as well as universities, rely heavily on pirated software that cannot be updated online automatically and is often ridden with malware.

Computer science students have reported that they are unable to obtain their certificates after taking and passing online courses affiliated with US institutions such, MITx. The reason given is that certificates are not issued for countries under comprehensive US sanctions, such as Sudan, Iran, Syria, and Cuba. Additionally, online educational websites, such as Khan Academy, Google Scholar and Audacity remain blocked to users in Sudan.

Conversations with American civil society working on net freedom, about the impact of the US sanctions has yielded positive reactions but no changes in US policy yet. In early December 2013 The New America Foundation’s Open Technology Institute issued a research paper on the topic, and recommended that the US “updates” its sanctions policy to, ”reflect the need for access to personal communications technology”.

The paper concluded that, “U.S. sanctions remain outdated” in acknowledging the role of ICTs in “enabling access to information, free expression, and political dialogue”. They also added the such sanctions “in some cases effectively aid repressive regimes that seek to control access to information within their borders with negative consequences on the civilian population.”

The Open Technology Institute’s research described the sanctions on Sudan to be “the least mature” as compared to other countries, especially Iran, which bares a lot of resemblance to Sudan in terms of political context. After Iran’s “ Green Revolution” in 2009, the US government revised its sanctions on Iran twice, once in 2010 and again in 2013, dropping restrictions on ICTs and issuing detailed instructions to US technology companies clarifying what is permitted for export to Iran and what isn’t.

There’s no reason why Sudan’s technology sanctions should be lagging behind countries like Iran and Syria. It’s time the US revisits its sanctions regime on Sudan, and shows more consideration for the importance of free access to ICTs, information and knowledge on the internet.

This article was posted on 22 January 2014 at indexoncensorship.org

Three years after Arab Spring officials thwart digital dissent

A pro-democracy protest in Bahrain, where (Photo: Moh'd Saeed / Demotix)

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

 

The EU and free expression: Human rights dialogues


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.