New global coalition urges governments to keep surveillance technologies in check

World leaders must commit to keeping invasive surveillance systems and technologies out of the hands of dictators and oppressive regimes, said a new global coalition of human rights organizations as it launched today in Brussels.

The Coalition Against Unlawful Surveillance Exports (CAUSE) – which includes Amnesty International, Digitale Gesellschaft, FIDH, Human Rights Watch, the New America Foundation’s Open Technology Institute, Privacy International, Reporters without Borders and Index on Censorship – aims to hold governments and private companies accountable for abuses linked to the US$5 billion and growing international trade in communication surveillance technologies. Governments are increasingly using spying software, equipment, and related tools to violate the right to privacy and a host of other human rights.

“These technologies enable regimes to crush dissent or criticism, chill free speech and destroy fundamental rights. The CAUSE coalition has documented cases where communication surveillance technologies have been used, not only to spy on people’s private lives, but also to assist governments to imprison and torture their critics,” said Ara Marcen Naval at Amnesty International.

“Through a growing body of evidence it’s clear to see how widely these surveillance technologies are used by repressive regimes to ride roughshod over individuals’ rights. The unchecked development, sale and export of these technologies is not justifiable. Governments must swiftly take action to prevent these technologies spreading into dangerous hands” said Kenneth Page at Privacy International.

In an open letter published today on the CAUSE website, the groups express alarm at the virtually unregulated global trade in communications surveillance equipment.

The website details the various communication surveillance technologies that have been made and supplied by private companies and also highlights the countries where these companies are based. It shows these technologies have been found in a range of countries such as Bahrain, Brazil, Côte d’Ivoire, Egypt, Ethiopia, Libya, Nigeria, Morocco, Turkmenistan, UAE, and many more.

“Nobody is immune to the danger communication surveillance technologies poses to individual privacy and a host of other human rights. And those who watch today, will be watched tomorrow” sadi Karim Lahidji, FIDH President. “The CAUSE has been created to call for responsible regulation of the trade and to put an end to the abuses it enables” he added.

Although a number of governments are now beginning to discuss how to restrict this trade, concerns remain. Without sustained international pressure on governments to establish robust comprehensive controls on the trade based on international human rights standards, the burgeoning proliferation of this intrusive technology will continue – fuelling even further abuses.

“There is a unique opportunity for governments to address this problem now and to update their regulations to align with technological developments” said Tim Maurer at New America’s Open Technology Institute.

“More and more journalists, netizens and dissidents are ending up in prison after their online communications are intercepted. The adoption of a legal framework that protects online freedoms is essential, both as regards the overall issue of Internet surveillance and the particular problem of firms that export surveillance products,” said Grégoire Pouget at Reporters Without Borders.

“We have seen the devastating impact these technologies have on the lives of individuals and the functioning of civil society groups. Inaction will further embolden blatantly irresponsible surveillance traders and security agencies, thus normalizing arbitrary state surveillance. We urge governments to come together and take responsible action fast,” said Wenzel Michalski at Human Rights Watch.

The technologies include malware that allows surreptitious data extraction from personal devices; tools that are used to intercept telecommunications traffic; spygear used to geolocate mobile phones; monitoring centres that allow authorities to track entire populations; anonymous listening and camera spying on computers and mobile phones; and devices used to tap undersea fibre optic cables to enable mass internet monitoring and filtering.

“As members of the CAUSE coalition, we’re calling on governments to take immediate action to stop the proliferation of this dangerous technology and ensure the trade is effectively controlled and made fully transparent and accountable” said Volker Tripp at Digitale Gesellschaft.

NGOs in CAUSE have researched how such technologies end up in the hands of security agencies with appalling human rights records, where they enable security agents to arbitrarily target journalists, protesters, civil society groups, political opponents and others.

Cases documented by coalition members have included:
• German surveillance technology being used to assist torture in Bahrain;
• Malware made in Italy helping the Moroccan and UAE authorities to clamp down on free speech and imprison critics;
• European companies exporting surveillance software to the government of Turkmenistan, a country notorious for violent repression of dissent.
• Surveillance technologies used internally in Ethiopia as well as to target the Ethiopian diaspora in Europe and the United States.

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.

Egyptian media reflects xenophobic sentiment of military

An Egyptian protestor holds a sign showing the anger of some Egyptian people towards the American government. (Photo: Amr Abdel-Hadi / Demotix)

An Egyptian protestor holds a sign showing the anger of some Egyptian people towards the American government. (Photo: Amr Abdel-Hadi / Demotix)


Index on Censorship condemns today’s attacks on protest camps in Cairo and other cities and calls on Egyptian authorities to respect the right to peaceful protest. Live coverage Al Jazeera | BBC | The Guardian


Xenophobia in general and anti-US sentiment, in particular, have peaked in Egypt since the June 30 rebellion that toppled Islamist President Mohamed Morsi and the Egyptian media has, in recent weeks, been fuelling both.

Some Egyptian newspapers and television news has been awash with harsh criticism of the US administration perceived by the pro-military, anti-Morsi camp as aligning itself with the Muslim Brotherhood. The media has also contributed to the increased suspicion and distrust of foreigners, intermittently accusing them of “meddling in Egypt’s internal affairs” and “sowing seeds of dissent to cause further unrest”.

A front page headline in bold red print in the semi-official Al Akhbar newspaper on Friday 8 Aug proclaimed that “Egypt rejects the advice of the American Satan.” The paper quoted “judicial sources” as saying there was evidence that the US embassy had committed “crimes” during the January 2011 uprising, including positioning snipers on rooftops to kill opposition protesters in Tahrir Square.

The stream of anti-US rhetoric in both the Egyptian state and privately-owned media has come in parallel with criticism of US policies toward Egypt by the country’s de facto ruler, Defense Minister Abdel Fattah el Sissi, who in a rare interview last week, told the Washington Post that the “US administration had turned its back on Egyptians, ignoring the will of the people of Egypt.” He added that “Egyptians would not forget this.”

Demonizing the US is not a new trend in Egypt. In fact, anti-Americanism is common in the country where the government has often diverted attention away from its own failures by pointing the finger of blame at the United States. The public has meanwhile, been eager to play along, frustrated by what is often perceived as “a clear US bias towards Israel”.

In Cairo’s Tahrir Square, anti-American banners reflect the increased hostility toward the US harboured by opponents of the ousted president and pro-Morsi protesters alike, with each camp accusing the US of supporting their rivals. One banner depicts a bearded Obama and suggests that “the US President supports terrorism” while another depicts US ambassador to Egypt Anne Patterson with a blood red X mark across her face.

The expected nomination of US Ambassador Robert Ford — a former ambassador to Syria who publicly backed the Syrian opposition that is waging war to bring down the regime of Bashar El Assad — to replace Patterson, has infuriated Egyptian revolutionaries, many of whom have vented their anger on social media networks Facebook and Twitter. In a fierce online campaign against him by the activists, Ford has been criticized as the “new sponsor of terror” with critics warning he may be “targeted” if he took up the post. Ambassador Ford who has been shunned by the embattled Syrian regime, has also been targeted by mainstream Egyptian media with state-owned Al Ahram describing him as “a man of blood” for allegedly “running death squads in Iraq” and “an engineer of destruction in Syria, Iraq and Morocco.” The independent El Watan newspaper has also warned that Ambassador Ford would “finally execute in Egypt what all the invasions had failed to do throughout history.”

The vicious media campaign against Ford followed critical remarks by a military spokesman opposing his possible nomination. “You cannot bring someone who has a history in a troubled region and make him ambassador, expecting people to be happy with it”, the spokesman had earlier said.
Rights activist and publisher Hisham Qassem told the Wall Street Journal last week that “Egyptian media often adopts the state line to avoid falling out of favour with the regime.”

Statements by US Senator John McCain who visited Egypt last week to help iron out differences between the ousted Muslim Brotherhood and the military, have further fuelled the rising tensions between Egypt and the US. McCain suggested that the June 30 uprising was a “military coup”, sparking a fresh wave of condemnation of US policy in the Egyptian press.

“If it walks like a duck, quacks like a duck, then it’s a duck,” Senator John McCain had said at a press briefing in Cairo. He further warned that Egypt was “on the brink of all-out bloodshed.” The remarks earned him the wrath of opponents of the toppled president who protested that his statements were “out of line” and “unacceptable.” The Egyptian press meanwhile has accused him of siding with the Muslim Brotherhood and of allegedly employing members of the Islamist group in his office.

The anti-Americanism in Egypt is part of wider anti-foreign sentiment that has increased since the January 2011 uprising and for which the media is largely responsible. Much like in the days of the 2011 uprising that toppled Hosni Mubarak, the country’s new military rulers are accusing “foreign hands” of meddling in the country’s internal affairs, blaming them for the country’s economic crisis and sectarian unrest. The US has also been lambasted for funding pro-reform activists and civil society organizations working in the field of human rights and democracy.

Ahead of a recent protest rally called for by Defense Minister Abdel Fattah El Sissi to give him “a mandate to counter terrorism”, the government warned it would deal with foreign reporters covering the protests as spies. As a result of the increased anti-foreign rhetoric in the media, a number of tourists and foreign journalists covering the protests have come under attack in recent weeks. There have also been several incidents where tourists and foreign reporters were seized by vigilante mobs looking out for “spies” and who were subsequently taken to police stations or military checkpoints for investigation. While most of them were quickly freed, Ian Grapel — an Israeli-American law student remains in custody after being arrested in June on suspicion of being a Mossad agent sent by Israel to sow “unrest.”

Attacks on journalists covering the protests and the closure of several Islamist TV channels and a newspaper linked to the Muslim Brotherhood do not auger well for democracy and freedoms in the new Egypt. The current atmosphere is a far cry from the change aspired for by the opposition activists who had taken to Tahrir Square just weeks ago demanding the downfall of an Islamist regime they had complained was restricting civil liberties and freedom of speech.

The increased level of xenophobia and anti-US sentiment could damage relations with America and the EU at a time when the country is in need of support as it undergoes what the new interim government has promised would be a “successful democratic transition.”

This article was originally published on 14 Aug, 2013 at indexoncensorship.org. Index on Censorship: The voice of free expression