Groups endorse a United Nations resolution on human rights and the internet 

The following is a transcript of a joint oral statement, led by ARTICLE 19 and supported by several IFEX members, that was read aloud today, 19 June 2014, at the 26th UN Human Rights Council session in Geneva:

Thank you Mr. President,

Two years ago this Council affirmed by consensus that “the same rights that people have offline must also be protected online, in particular freedom of expression”.

In 2014, the outcome document of Net-Mundial in Brazil recognised the vital role of the internet to achieve the full realisation of sustainable development goals. 31 UN Special Rapporteurs recently affirmed that guaranteeing the free-flow of information online ensures transparency and participation in decision-making, enhancing accountability and the effectiveness of development outcomes.

Development and social inclusion relies on the internet remaining a global resource, managed in the public interest as a democratic, free and pluralistic platform. States must promote and facilitate universal, equitable, affordable and high-quality Internet access for all people on the basis of human rights and net-neutrality, including during times of unrest.

The blocking of communications, such as the shutdown of social media in Malaysia, Turkey, and Venezuela is a violation of freedom of expression and must be condemned. Dissent online must be protected. We deplore the detention of Sombat Boonngamanong in Thailand, who faces up to 14 years imprisonment for using social media to urge peaceful resistance to the recent military coup in the form of a three-finger salute.

One year after the Snowden revelations, this Council must recognise that trust in the internet is conditional on respect for the rights to freedom of expression and privacy online, regardless of users’ nationality or location. Any mass (or dragnet) surveillance, which comprises collection, processing and interception of all forms of communication, is inherently disproportionate and a violation of fundamental human rights.

The targeted interception and collection of personal data must be conducted in accordance with international human rights law, as set out in the necessary and proportionate principles. Critical and intermediate infrastructure must not be tampered with for this end, nor should any system, protocol or standard be weakened to facilitate interception or decryption of data.

ARTICLE 19 urges the Human Rights Council to take action to comprehensively address these challenges.

Thank you.

Signed,

ActiveWatch – Media Monitoring Agency
Africa Freedom of Information Centre
Albanian Media Institute
Arabic Network for Human Rights Information
ARTICLE 19
Association of Caribbean Media Workers
Bahrain Center for Human Rights
Cairo Institute for Human Rights Studies
Cambodian Center for Human Rights
Canadian Journalists for Free Expression
Center for Independent Journalism – Romania
Center for Media Freedom and Responsibility 
Egyptian Organization for Human Rights
Foro de Periodismo Argentino
Foundation for Press Freedom – FLIP
Freedom Forum
Human Rights Watch
Index on Censorship
Institute for the Studies on Free Flow of Information
International Press Institute 
Maharat Foundation
Media, Entertainment and Arts Alliance
Media Institute of Southern Africa 
Media Rights Agenda
National Union of Somali Journalists
Norwegian PEN
Pacific Islands News Association 
Pakistan Press Foundation
PEN Canada
Privacy International
Reporters Without Borders
Southeast Asian Press Alliance
South East European Network for Professionalization of Media
West African Journalists Association
World Association of Community Radio Broadcasters – AMARC
Access
Alternative Informatics
Asian Forum for Human Rights and Development (FORUM-ASIA)
Association for Progressive Communications (APC)
Bangladesh Internet Governance Forum
Bangladesh NGOs Network for Radio and Communications (BNNRC)
Barys Zvozskau Belarusian Human Rights House
Big Brother Watch
Bir Duino (Kyrgyzstan)
Bits of Freedom
Bolo Bhi Pakistan
Bytes For All
Center for e-parliament Research
Centre for Internet & Society
Center for National and International Studies, Azerbaijan
Center for the Development of Democracy and Human Rights, Russia
Chaos Computer Club
CIVICUS: World Alliance for Citizen Participation
Digital Rights Foundation, Pakistan
Electronic Privacy Information Center
English Pen
European Centre for Not-for-Profit Law (ECNL)
Helsinki Citizens’ Assembly – Vanadzor
Human Rights Monitoring Institute, Lithuania
International Centre for Not-for-Profit Law (ICNL)
International Federation for Human Rights (FIDH)
Kazakhstan International Bureau for Human Rights and Rule of Law
Kenya Human Rights Commission
Liberty
OpenMedia.org
Open Net Korea
Open Rights Group
Panos Institute West Africa
Samuelson-Glushko Canadian Internet Policy & Public Interest Clinic (CIPPIC)
Simon Davies, publisher of “Privacy Surgeon”
Thai Netizen Network
Zimbabwe Human Rights Forum

Laos: Crony scheme in control of press and civil society

The Laotian president, Choummaly Sayasone, made a five day official visit to France in October 2013 -- the first such visit in 60 years. (Photo: Serge Mouraret / Demotix)

The Laotian president, Choummaly Sayasone, made a five day official visit to France in October 2013 — the first such visit in 60 years. (Photo: Serge Mouraret / Demotix)

When travellers and writers talk about Laos, they mention how peaceful it is, and how Buddhist. The people, says Lonely Planet, are some of the most chilled out in the world. People forget, as they rarely do with Vietnam or China, that it is still a communist state.

The Lao People’s Revolutionary Party (LPRP) has absolute control over the press and civil society. Professor Martin Stuart-Fox, a Laos expert with the University of Queensland, has written widely on the country’s history and government and has said that the party is little more than a crony scheme, with many of those in power now descended from the old Lao aristocracy. It is necessary to have a powerful patron, almost always in the party or closely connected to it, for success. Information is difficult to get hold of and even local journalists, who often have close ties to the government, complain publicly, if respectfully, about the impenetrability of government departments.

Freedom House writes: “Press freedom in Laos remains highly restricted. Despite advances in telecommunications infrastructure, government control of all print and broadcast news prevents the development of a vibrant, independent press.”

These media restrictions are part of a wider pattern of suppression of information, lack of transparency in business dealings, prevention of protests and cultural and religious oversight by the government and party.

However the most noticeable event of the past 18 months has been the disappearance of Sombath Somphone. At the end of 2012 the Lao development expert went missing and many of his colleagues quietly believe the government may be responsible. Little but the bare facts have been written in the local, state-owned press.

Sombath was, according to reports, well respected by both the local and international communities and hardly an anti-government firebrand. He did, however, jointly give a presentation in late 2012 to the ASEAN-Europe People‘s Forum held in Vientiane  with the United Nations Development Program. A western aid source told Index on Censorship: “In my opinion — one shared by many others as well –Sombath’s statement at the AEPF was the last straw for the government. He was particularly concerned with forced resettlement, directly linked to government land grabs to provide natural resources to Chinese companies [that are] full of bribes.” The source says since Sombath disappeared any attempts at criticism of government policy, either by the press or organisations “have taken a quantum leap backwards and are currently frozen”.

The World Trade Organisation accession of last year appears not to have much of an effect in promoting a freer or transparent climate. Though the global trade body did make the right noises little concrete action was taken.

This is in contrast to Vietnam’s 2007 WTO accession. In the lead up, the Vietnamese government made public attempts at allowing more freedom of press and speech and open criticism of government policies. Once it became the 150th member crackdowns began again. A small measure of transparency in regards to the business climate has been seemingly taken in Laos.

The LPRP has been in power since 1975. Agricultural reforms began in 1978 and economic reform in 1986, known as the New Economic Mechanism, which began its transition to a more market-based economy. Vietnam instituted its own doi moi, or renovation, policy the same year.

Laos has, in the past 15 years, pursued a policy of economic growth and regional and global integration with an eye toward world affairs. Joining ASEAN in 1997 was a step forward for the small nation, though the spillover Asian financial crisis engendered a certain skepticism among leaders of the manifold benefits of globalisation.

Many smaller nations racing towards development, especially those with sometimes problematic political systems, usually host an event that is as something of a “coming out party”. Vientiane’s hosting of the 2009 Southeast Asia Games was Laos’. Longtime Asia journalist Bertil Lintner pointed out in the Yale Global Review, that though the SEA Games may not have been compelling for much of the globe they are an important regional sporting competition. Chinese and Vietnamese donors and investment built much of the needed infrastructure, such as stadiums.

Despite the rapid development and a “strong” growth outlook for 2013 – 2014, according to Euromonitor, the country still struggles under Least Developed Nation status and poverty rates are high outside the cities while access to services remains low, as do literacy rates.

Unemployment is officially at 2.6 percent of the population, but it is widely believed to be far higher and according to market research and intelligence firm Euromonitor there will be twice as many job entrants as positions for them to fill. Labour export is favoured by the government to partially solve the issue and earn currency. The poverty rate has dropped in recent years and the government’s plan has been to halve it by 2015.

Freedom of the press?

“The Ministry of Information and Culture controls all media in Laos. There is no freedom of the press and no legal protection for Lao journalists who fail to reflect the party line. Most Lao journalists are actually party members attached to the MI,” Stuart-Fox wrote for Freedom House in 2012.

“Laos is the region’s black hole for news…. Because there is no functioning independent media, there are few overt press freedom violations,” Shawn Crispin of the Committee to Protect Journalists told Index. “No local reporting is allowed whatsoever on government corruption, official abuses or factional divisions inside the ruling communist Lao Revolutionary People’s Party. These are all pervasive in Laos, but you’d never know it reading local papers on watching local TV.”

Laos enshrines freedom of speech in its constitution, written in 1991, while ensuring harsh penalties in its penal code that can easily be applied to journalists, or bloggers — though bloggers are few and generally timid. Slandering the state, distorting party and state policies, inciting disorder or propagating information or opinions that weaken the state can all be prosecuted. The vague wording means many things can, if deemed necessary, fall under this ambit.

The English language Vientiane Times largely functions as a platform for photographs of handshakes, ribbon cuttings and deeply earnest affirmations of the great friendship between Laos and whichever national delegation dropped off in the capital on its Southeast Asia tour. It is essentially a showcase organ for what the government wishes foreigners to see, and understand, about modern Laos however its often rather old-fashioned, orthodox rhetoric and complete dearth of anything interesting do not ensure an avid readership.

“The Vietnamese media is much more open, skilled, and sophisticated than the Lao media. And the Lao media are dominated by self-censorship,” a senior Lao source from Radio Free Asia said in an email to Index. “Within limits some publications in Vietnam do try to do investigative journalism. You simply won’t find that in Laos.” The source pointed out that a query on the large scale illegal logging with logs going to Vietnam might not yield much past government authority saying that the government tries to protect the environment.

The 2008 media law is theoretically more friendly to the media and transparency — journalists are guaranteed the right to seek and publish information and to access to public records — there is in practice not much more freedom. The government allows a small measure of criticism of bureaucracy or government actions but reporters have not fully tried to push barriers until they push back. Self censorship is endemic and might be one reason why reporters do not languish in prison as they do in Vietnam or China. Stories on culture and social ills are permitted to a degree, but rigorous investigation of, for example, detainment in rehabilitation centres for all drug users might be going too far.

There is also the tricky situation that government bodies rarely respond to media requests and little information is provided to reporters, though a couple of departments do apparently have a communications department. The information that is provided is expected to be used to further the government’s message and aims.

“There is an endemic culture within our society where people are wary of the news media, and adequate protection is not granted to those willing to speak out on sensitive topics. As such, accessing information is not easy, which makes presenting it even harder”, said a Vientiane Times report quoted by a Southeast Asia Press Association report from 2012.

News on HMong returning refugees, hydro plants, land clearance and illegal logging — some of the most contentious issues in the country — do not make it into the news often. Many of the issues of concern to Lao people can thus remain localised either with those directly affected or educated urban dwellers able to afford access to foreign news sources. It does not appear activist groups have mass organised online yet. Those with access to Thai media may be able to learn more — the government does not block the Thai channels whose broadcasts make it into border areas.

There have been some moves towards private media ownership, although some sources have remarked the industry is too small and rewards too low at this point for anything but a nascent media industry. “There have been a few attempts to launch more trendy, lifestyle magazines, but most have been short lived, I suspect because the relatively small market size for this does not make it economically viable,” said one anonymous source.

There are really no permanent foreign news bureaus in Laos. Though Voice of Vietnam opened a bureau in 2010 and both Radio France International and China Radio International have broadcast from Laos. It should be noted that the 2008 media law does allow foreign news but Stuart-Fox argues that the hoops foreign papers must jump through are too difficult for it to be worth their while.

Problems of censorship go beyond no free press: even if a savvy reporter could persuade an editor to run stories on corruption finding any hard data would be difficult. Party members do not have to disclose their holdings or assets meaning their ownership of firms in Laos is hard to track down. A lack of data cannot be blamed simply on wilful or mendacious opacity; there is not always the capacity for nation-wide gathering and management of statistics.

It is also worth noting, as Stuart-Fox has, that Laos historically has a lower level of literacy and literary traditions than Vietnam. Policy documents often remain unread (many laws have been drafted with foreign help but few ranking civil servants remain au fait with them) and the fierce, bookish debate of intellectuals can be less prevalent in Laos than its Confucian neighbours. On the upside, Lao officials are sometimes, he says, more amenable to friendly informal chats over a Beer Lao or two.

Laos has some two dozen newspapers and almost twice as many radio stations–useful when one considers how remote some communities are. There has been investment into telecommunications infrastructure which better connects Laos to the ASEAN region.

The Southeast Asia Press Alliance wrote in 2012: “The launching of the country’s stock market towards the end of 2010 should be seen as a welcome step towards greater access to information inside this secluded communist regime as foreign investors need a more transparent government and greater access to its policies on social and economic development.” The World Bank ranked Laos at 159 out of 189 nations for ease of doing business, up from 163 the previous year.

Not all censorship is political. Authorities and the older generation worry about the cultural shifts brought about by rapid modernisation and integration with the wider world. A decade ago young people believed Western influences were “bad” according to a survey published in a 2000 book — Laos at the Crossroads —  by authors Vatthana Pholsena and Ruth Banomyong. Today, there are still moves by the government toward modesty and a “Lao” way of being that encompasses tradition and religion. Women still largely wear sins — an embroidered sarong, more or less —  and until not so long ago long hair on young men was frowned upon or outright illegal — along with earrings or “eccentric clothes”. The same Vientiane Post article quoted also noted that while Western music was technically illegal in nightclubs it could be permissible provided it made up no more than 20 per cent of the music content of the venue, which had to be well-lit to prevent “indecent acts”. However Vientiane’s nightclubs seem to play largely western music or at least the bland, synth-heavy electronica found across the world.

Religious freedom

Laos is Buddhist, which the government recognises and publicly embraces. In fact, it even went so far as to argue, on more than one occasion, that Marxism and Buddhism are not so much mutually exclusive as eminently compatible. The Sangha, the Buddhist clergy, was asked as early as 1975 to study Marxism and be a kind of emissary or teacher of the doctrine especially to those in the countryside. Regimes in Southeast Asia reasserting legitimacy by linking themselves with the nation’s dominant religion is not new and serves a useful dual purpose: They are linked to something deeply esteemed by the people but also more able to control what could otherwise be a powerful dissenting force.

Christians face more persecution on the whole. Hmong Protestant Christians — as opposed to Catholic groups — possibly the more so. The Hmong were co-opted by US forces during the Secret War when the United States undertook a covert bombing of the nation to disrupt the supply chains operating through the Ho Chi Minh Trail that assisted Vietnamese forces.

It is important also to understand that though many Hmong face difficulties in the nation and are discriminated against, it is largely the Christian Hmong who face the worst persecution, similar to Central Highlands Protestants in Vietnam, who are loosely grouped under the umbrella term Degar. Both of these cases stem from involvement with and support of US forces during wartime. Lao Hmong in the United States make up a reasonable sized diaspora and the older generation not only rails against the communist government but enjoys support from US veteran’s advocate group the CPPP — which erroneously reported the murder of 72 Hmong by Vietnamese-trained Lao forces in 2011. Former leader, the late Vang Pao, went so far to plan a coup from his home in California. Many Hmong who fled to Thailand during the war years and remained in limbo were forcibly repatriated a few years ago.

According to Stuart-Fox, Hmong who have maintained their traditional animist beliefs or became party-friendly communists do not suffer the same discrimination or persecution. One woman even made it into the Politburo.

Laos’ multitudinous ethnic minorities also follow many religions and the government officially allows this and officially advocates religious freedom. However this only goes so far as preserving or allowing “good” practices. Religious ceremonies considered backward have been suppressed where possible — like slaughter of animals in rituals. “Superstition” is not kindly looked upon.

Digital freedom

Internet access is far lower than any of Laos’ neighbours with only 9 percent using it in 2011. More recent data suggests an expansion: In 2012 there were 400,000 Facebook users in Laos; up from 60,000 in 2011 in a population of over 6.5 million.

Internet use is growing in Laos but still remains confined to larger cities and towns. A report from academic Warren Mayes guesstimated there were some 50-60 internet cafes in Vientiane in 2006. He noted then online life was growing fast for young people and their interactions with the wider Lao diaspora.

Laos may yet crackdown on Facebook. Last year the communications ministry was to introduce internet regulations to allow official monitoring of the internet — though sources suggest it is already very much unofficially monitored. The director general mentioned to the Vientiane Times information on Facebook circulating regarding a crashed Lao Airlines plane was not “helpful”.

The state controls all internet service providers, and there are some reports that the government sporadically blocks web activity. “The government’s technical ability to monitor the internet is limited, though concerns remain that Laos is looking to adopt the censorship policies and technologies of its neighbors, Vietnam and China,” says Freedom House.

Much of Vietnam’s surveillance ability is already sourced from western companies such as Finn Fisher, Verint and Silver Bullet, rather than homegrown. Sources have previously told Index that Chinese private companies are more likely to assist in surveillance than the government proper; however many including the CPJ strongly suspect Chinese government involvement.

One problem for Laos is that Lao language and alphabet programs have been slow to catch up, though young people do use a phonetic, romanised script known as pasa karaoke.

Deputy Minister of Post and Telecommunications, Thansamay Kommasith, told the Vientiane Times that an “official” Lao script program was being developed, saying: “This is for unity and prosperity, using the official Lao language in those technologies for the future development of IT in Laos as well as to develop the country through them.” There are already unofficial ones being used. Vietnamese military-owned telco Viettel is to assist in the development, according to local news stories. The telco was previously linked to malware attacks within Vietnam.

Laos has plans to launch its own communications satellite. Minister of Post and Telecommunication, Hiem Phommachanh, said at a “groundbreaking ceremony” the satellite would contribute to the nation’s socio-economic development. The $250 million (£147 million)  satellite will be funded by China, though Laos will hold a 30 per cent share.

Formerly message boards like Laoupdate and Laosmiles have been popular with both the younger diaspora and native Lao. The former site shut down, some suggest thanks to government pressure. The latter censored posts, explaining earnestly to the outraged users that it was to avoid trouble.

The Electronic Freedom Frontier has reported that Laos is on the Global Online Freedom Act’s blacklist, which was passed by a US House sub-committee, meaning US companies are prohibited from selling surveillance gear to repressive regimes. The EFF called it “an important step toward protecting human rights and free expression online”. US companies have sold such technology in the past to Vietnam.

Just as Laos has laws which can govern the press or activists, it has also specified similar acts in its internet laws. Article 15 (points 6 and 7) states people must “Not to use communication to defeat national stability, peace, socio-economic or cultural development of the country”; “7. Not to use the telecommunication system to defame persons or organisations.”

Staying friendly with the neighbours

Laos, neighbour to Thailand, Vietnam, Cambodia, China and Burma, has long been called land-locked for its lack of access to any sea. With so many roads being built, Chinese railway funding and Laos’ own ambition to turn itself into a goods transport corridor it’s now more often called “land-linked”. But Laos has been balancing its neighbours and acting as either a buffer or corridor for a long time.

Historically beset from three sides by China, Vietnam and Thailand the nation has learned how to balance its neighbours’ needs and demands while paying expected tribute and playing them off against one another. Laos shares religion, a measure of culture and language with Thailand, as well as strong cross-border trade and cultural products like television shows and popular music. China and Vietnam have more invested both politically and economically. China’s projects and influence are seen more in the north of the nation; Vietnam in the south.

While China cooperates with the party and offers no criticism, Vietnam has more invested in the party. Both Professor Carl Thayer of the Australian Defence Force Academy and Stuart-Fox say that Vietnam has a greater interest in the political status quo in Laos being maintained. A change in regime could have repercussions for Hanoi. Vietnam has traditionally offered more political guidance and military assistance. The two nations also have a shared wartime history. But it has been Chinese involvement in Laos that has prompted some of the few public demonstrations, though protests over land reclamation often related to dams are also growing.

For example, the New City Development would have involved 50,000 Chinese workers to build the stadium for the 2009 SEA Games.  It was met with public opposition and even members of the largely party-member legislative National Assembly disapproved. There are also many towns, especially in the north, with large Chinese populations, Chinese markets and even signage in Chinese. Some in Laos have publicly wondered why, for example, Chinese workers must be imported for Chinese building projects when Laos has its own workers available.

China exerts political influence by virtue of not trying to. Unlike western aid, packages from China are not conditional upon human rights. China has a policy of non-intervention, though this is true for all nations it aids and invests in; there has been criticism of its similar policies in Africa. The two nations raised their bilateral relations to a comprehensive strategic partnership in 2009. Chinese development aid from 1997 to 2007 was estimated at $280 million and the nation provided another $330 million from 1998 – 2001, according to Thayer.

The problems already present in Laos such as lack of transparency, corruption and environmental degradation have been raised as issues in regard to Chinese investment also by western aid agencies and NGOs and concerned Lao. At the same time there are worries about Chinese goods pushing out locally-made goods.

The ongoing non-investigation

Writing in the Asia Times in February, more than a year after Somphone went missing, his wife Shui Meng Ng pointed out that his disappearance has barely been mentioned in the local press and certainly no words of distemper from the foreign press have made it into local news. Questions on his whereabouts have been met with official blandness: “We have found nothing yet, but the relevant authorities are still doing their best to investigate the case.”

The European Parliament expressed grave concern, and many foreign aid groups and private NGOs have also tried to put pressure to bear on the government to explain or transparently investigate the man’s disappearance. The government, it seems, does not care. “Tough words,” from these groups she writes “have not been followed by equally tough actions.” She described questions by resident or visiting dignitaries as an “irritation” to local officials but nothing more.“Within Lao officialdom, no one wants to hear his name, no one wants to be reminded of his disappearance, and no one dares to talk openly about him.”

Given few in Laos read much aside from the official papers it is easy enough to whitewash his disappearance. Another source speaking to Index suggested a certain laissez-faire attitude even among some local, educated aid workers, characterised with: “Well, he should have known what might happen to him for speaking up so much.”

Ng makes a useful point: The nation’s steadfast drive to greater international and regional roles is, seemingly, belied by its refusal to even acknowledge what has gone wrong, or why.

Human rights and freedom of speech are not, despite what we would often like to believe, essential for a well respected global role. But for small, hitherto forgotten and least developed nations, a respect for international norms helps ease notions of “backwardness”.

This article was published on May 12, 2014 at indexoncensorship.org

Revealed: The British exports that crush free expression

Made in Britain? Physicians for Human Rights (PHR) called for the immediate suspension of the use of excessive, indiscriminate and systematic use of tear gas against civilian protesters and densely populated Shia neighbourhoods citing its harmful effects to health.

Made in Britain? Physicians for Human Rights (PHR) called for the immediate suspension of the use of excessive, indiscriminate and systematic use of tear gas against civilian protesters and densely populated Shia neighbourhoods in Bahrain (Image: Iman Redha/Demotix)

The Arab Spring has not stopped Britain from helping crush free expression and freedom of assembly by selling crowd control gear to authoritarian states including Saudi Arabia and Bahrain.

Analysis of newly-published data on export licences approved by the UK government have revealed ministers backed over £4 million of tear gas, crowd control ammunition and CS hand grenade sales over the last two years to Saudi Arabia – one of the most repressive states in the world.

The British government also allowed crowd control ammunition to be sold to Malaysia and Oman, as well as tear gas to Hong Kong and Thailand.

It gave the green light to anti-riot and ballistic shields to four authoritarian regimes listed by the Economist Democratic Index:  the United Arab Emirates, Bahrain and Azerbaijan, as well as Saudi Arabia.

Its only refusal for an export licence in 2013 for equipment which could be used to suppress internal dissent was for an order of CS hand grenades and ‘tear gas/irritant ammunition’ to Turkey.

A lack of transparency across the secretive arms sector makes it difficult to establish which companies are providing the arms – or how the country in question intends to use them.

But the Geneva Convention forbids the military use of all gas weapons, meaning the UK government would have assumed the tear gas was for use against civilian protesters.

Brief explanatory notes included in the export licences data suggest all those mentioned above are primarily for use against domestic populations.

The notes typically state the licence is granted “for armed forces end use” or “for testing and evaluation by a government / military end user”.

The only exception is the note for a sizeable order of anti-protest equipment for Brazil, which makes clear the export licence is granted for “armed forces end users not involved in crowd control / public security”.

Further evidence has emerged that Britain’s leading arms firm, BAE, has signed a £360 million contract with an unnamed Middle Eastern country for the upgrade of armoured personnel carriers whose primary use is against protesters.

Industry insiders believe the improvements are being made in Saudi Arabia to a stockpile of the vehicles left in the country by the United States military.

BAE’s chairman Sir Roger Carr said contractual commitments prevented him from commenting at the defence giant’s annual general meeting in Farnborough yesterday.

He faced heckling and hissing from vocal critics in the audience who had infiltrated the two-hour question-and-answer session, but insisted BAE was “helping to preserve world peace” and that the company “are not undermining the broader international rules” of the arms trade.

Speaking afterwards, however, a member of BAE’s board suggested the “natural place for these decisions is with government” rather than the company.

“I’m not abrogating our moral responsibility,” he said, “but it’s right that the burden of these difficult decisions is on the government because, in the UK at least, this is an elected democracy.”

Britain’s parliament, at least, has proved reluctant to provide a critical voice on the UK’s arms trade.

Opponents had alleged Saudi Arabian troops which intervened to crush the Arab Spring in Bahrain had received British military training. A recent report from MPs accepted the Foreign Office’s rejection of British complicity, with ministers arguing none of the training had taken place “in a repressive way”.

The Commons’ foreign affairs committee did, however, call on the government to “adhere strictly to its existing policy to ensure that defence equipment sold by UK firms are not used for human rights abuses or internal repression”.

Its request for the government to provide further evidence that it is doing so in practice did not meet with a positive response.

Officials said the risk that export licence criteria might be broken is “factored into” the original decision to grant the licence.

The Foreign Office stated: “There are rigorous pre-licence checks and, for open licences, compliance audits at the exporters’ premises in the UK. We will continue to scrutinise carefully all arms sales to Saudi Arabia.”

Many believe the current export licence regime is not fit for purpose, however. In 2013 the UK approved military licences to a total of 31 authoritarian regimes including Russia, China, Qatar and Kuwait.

“BAE couldn’t sell the weapons they do to these countries without the support of the UK government,” Andrew Smith of the Campaign Against The Arms Trade said.

“The UK government can stop any of these exports at any time but is choosing not to because it’s putting arms company profits ahead of human rights.”

He suggested the government’s decision to exclude Bahrain from its list of ‘countries of concern’ on human rights was “politically motivated”.

And he warned arms sales went beyond small-scale arms and ammunition to include much bigger purchases like fighter jets.

“The reason the Saudis buy from Britain is not just because Britain is willing to sell arms,” Smith added, “but also because it comes with political support and the endorsement and silence of the British government.”

This article was posted on May 9, 2014 at indexoncensorship.org

Burma: The art of transition

The Art of Transition Symposium took place in Yangon on March 30th – 31st 2013.  It was the first public discussion of artist freedom of expression in Burma, looking in particular at the impact of the wave of political reforms, which started at the end of 2011, on artistic freedom of expression.  Here is a short film directed by artist Htein Lin, who also was artistic advisor to the symposium with comedian and director Zarganar.  The film reports briefly on the Symposium, and gives a snapshot of some of the performances and exhibitions that have taken place in Yangon during the year since the symposium.  The Symposium was co-produced by HOME – Zarganar’s new company HOME (which stands for House of Media and Entertainment) and Index on Censorship.  The Burmese team was led by  journalist and former political prisoner Zaw Thet Htwe.


The Art of Transition Symposium[1] in Yangon was a significant event in the unfolding drive towards democracy in Burma, providing a public platform to discuss how changing political and social conditions are affecting artistic freedoms.  It was the first symposium of its kind in Burmese[2] and another in the series of firsts as the space for expression opens up.  While the abolition of pre-censorship of print media released all writers, including poets and novelists from censorship and ensured that debate around media freedom was centre stage, discussion about broader artistic freedoms was trailing and needed to be considered in depth.

The symposium featured an unprecedented gathering of artists from Yangon and Mandalay facilitating exchange between historical, traditional and contemporary art forms and between artists of all ages.  Many of the most respected artists in the country across all art forms, in particular those traditionally most associated with political and social engagement – poets, cartoonists, comedians, performance artists and film-makers – came together with political leaders, journalists, academics and lawyers for two days of presentations and discussion of the status of artistic freedom of expression and artists was possible.

Political backdrop

The symposium took place against a background of political and social change, optimism, instability, and uncertainty of President Thein Sein’s commitment to reforms[3]. There were two key free speech issues in the headlines. On April 1st, the day after the symposium, four new independent daily newspapers were published in Burma, the first since 1962.  This historic moment for free speech was to an extent undermined by the on-going uncertainty surrounding press laws, which were to go through parliament in June.  The other key freedom of expression issue was the debate around hate-speech triggered by outbreaks of violence between Buddhists and Muslims.

Ko Htut, chairman of the government appointed Press Council and member of Association of Former Political Prisoners, addressed the uncertain future of the press laws and called for the Ministry of Information’s (MoI) draft Printing and Publishing Enterprise Law to be rejected[4] as he saw it risked endorsing the old censor board under a new name.

Violence between Buddhists and Muslims figured strongly; the role played by social media in fuelling the violence was a major topic of discussion in the media at the time and continues to be at the time of writing.  Hate speech and songs with Islamophobic lyrics circulated on the internet were discussed at the symposium and one of the performance pieces explored online hate speech. Emergency talks took place over the same weekend as the symposium which meant that Zarganar, a member of the interfaith council that met to discuss the tensions and violence, was only able to play a relatively small role in the symposium.

Artistic context

The symposium partners – HOME, comedian, film-maker and former political prisoner Zarganar’s new company and Index on Censorship[5] – viewed the symposium as a follow up to the Art of Freedom Film Festival[6] which took place in Yangon in January 2012, screening uncensored films about freedom and the title of the symposium – Art of Transition – was chosen accordingly.  The film festival had given a green flag to the public debate about free expression, in large part due to Zarganar’s call for short films about freedom which elicited nearly two hundred entries, many by first time film-makers.  The film festival, co-produced by Aung San Suu Kyi, was a very high-profile event with thousands of people watching the films on huge screens in the streets and squares of Yangon.  It had clearly had a massive impact on the relationship between artists and the government, especially as ‘Ban That Film’ a fierce satire on film censorship boards, was the winning entry of the short film competition.  The timing was critical and the organisers agreed to move quickly, to capture the conversation at an early stage of transition, making sure debate about freedom of artistic expression is on the agenda alongside media freedoms at this time of rapid reform.

The abolition of pre-censorship in print media is having a knock-on effect across other art forms, with artists taking more risks in terms of their choice of subject matter and putting on unlicensed events, in the belief that there would be less consequence or repercussion.  The symposium, which was a licenced event, was in fact monitored by government officials standing at the back of the hall, though this did not seem to limit the discussion. It could be seen as one of a series of artistic initiatives and projects that are testing and interrogating the new freedoms in Burma during this period of accelerated change.  Other notable events that took place around the time of the symposium were Zarganar’s comedy performance March 27, 2013 was a six hour live broadcast marathon of unbridled satire; Thangyat performances for New Year Celebrations were openly critical of the government; and Padauk 7000 a temporary unlicensed arts space that showed a series of site specific installations from March – June 2013. See Annex for more information on these events.

Symposium Summary

Over the two days of the symposium the presentations and discussions moved from the experiences of surviving the most brutal treatment of political prisoners on Cocos Island, to President Thein Sein administration’s apparent openness to criticism and satire, from the opportunities opening as a result of greater access to the internet to the impact of new independent artist associations and unions.

Many speakers chose to use this public platform to relate past experience of living through years of oppression and working in an environment extremely hostile to artistic freedom. Many spoke openly, some for the first time, about how they continued to create work in spite of considerable personal danger and hardships and described their courageous, ingenuous and often humorous strategies for circumventing censorship.  Another discussion centred around the emergence of public censorship which, as the role of the state censor diminishes appears to fill the void.  Public censorship,  made up of many voices and sensibilities, brings with it a new, some felt more complex debate around freedom and the responsibilities of the artist.

There was a call to test limits and take risks to determine how far state imposed boundaries can be pushed, but at the same time there was concern that people need more time to learn how to exercise these new freedoms, especially in relation to the hate speech proliferating on the internet. The impact on artistic style and content was also discussed, as subjects that were previously banned can now be openly discussed.  Whilst some felt liberated by these changes, others spoke about how they felt a paradoxical constraint generated by the new freedom and that they felt they had lost their bearings.

Artist Htein Lin played an important role in the symposium stimulating further thought and conversation with speakers and the audience about the core questions of the conference.  He stressed that this is a new situation and there is a new reality which requires a new way of thinking and talking about freedom of expression.  He posed questions about what artists should being doing to look after and increase the scope of the right to freedom of expression, pressing artists to think about the role of the police and how to work with new legislation.

Getting past the censors

Censorship is not about not writing a poem but about not being allowed to read it. Moe Saw 

For many the symposium provided a very important opportunity to talk, sometimes for the first time in public, about the suffering and injustices leading up to and after 1988 and their work as artists and activists in underground movements.  In the current climate of rapid change, it was clear that many felt that taking account of the past was an important step towards embracing reform.  The ubiquitous presence of informers had made it impossible to talk about these things even amongst friends. Htet Myak, former political prisoner and survivor from the Cocos Islands one of the military junta’s most notorious prisons described the brutality of life for the 153 political prisoners who were incarcerated there and their efforts to continue to write using any available materials.

There were many accounts of how censorship boards operated before the recent reforms. Editor Chit Win Maung gave examples to illustrate the nature of censorship. One short story featuring  a man who had to pluck out a white hair, using the word “tweezers”  which is “zarganar” in Burmese was banned the comedian Zarganar was black-listed at the time. ‘Ye-nan-thit’ magazine was banned for six months after it published an essay about “democracy”.  Even though the military government has always promised democracy the word could only be used in state-published materials.

Min Htin Ko Ko Gyi’s film ‘Uninterruptedness’ made after the cyclone Nargis, illustrated the lengths that artists would go to, to get work past censors.  Itfeatured layers of text – the front layer being a series of words floating across the screen, over a layer of back to front text from Min Ko Naing’s book ‘Rear View Mirror’ (nauq-kyi-hman), only published in Thailand, banned in Burma, based on his experiences in 1988.

Public Censorship

Min Ko Naing talked about the changing nature of literary talks in villages.  In the past, writers would tour talks about literary classics, often by westerners,  which masked discussion of current affairs and political commentary.  On recent tours he had encountered disbelief that it was now possible to talk openly about politics and he had to negotiate the use of microphones with the villagers, who finding the new openness shocking enough, were reluctant to amplify his presentation, fearing repercussions from the authorities.

Sharaad Kuttan, visiting speaker from Malaysia, spoke about the importance of controversy for generating public debate around challenging art, even if the public may call for the banning of the work in question.  Controversy around art work often means that the artist has struck a nerve and is addressing an issue that is uncomfortable or divisive in society and he stressed the importance of art generating debate.

Expression online:

Because we open the door, some dust comes in. We dont need to be afraid of the dust.” Htun Win Nyein

Blogger Nay Phone Latt spoke of his sense that the country could fall apart at the touch of a key, because of the intensity of hate speech online especially about race and religion.  He said “we are free but not safe”. He had investigated the online hate speech against Muslims and discovered that it was generated by a small group using a fake account.  He suggested that “absolute freedom is not good for us”, we should take responsibility to speak up from the other side, those who want to live together in harmony with other faiths, but this voice is not coming across.  Nay Phone Latt and journalist Zaw Thet Htwe both raised questions about how to counter misinformation, to be vigilant and stop circulation of hate speech.

Participants of the symposium were concerned that people did not know how to exercise these new freedoms, especially in relation to the hate speech proliferating on the internet.  Htein Lin added that people need to take responsibility to oppose these voices and overcome intimidation.  He said that we needed more speech, not less.

New Freedoms and new responsibilities: 

 “Now I am free but have to work within the constraints of society, of what is happening” San Saw Htwe – visual artist

Religious conflict was forefront in many people’s minds and it was pointed to as a reminder that freedom of speech is not without its problems.  Many agreed that there need to be boundaries and there was some discussion about how to arrive a boundaries, but more focussed discussion on these and other related topics is needed.  One artist who had created hundreds of artworks in prison, said that he felt his most free when he was behind bars.  He explained that even though he was now free the constraints of society and pressure of what is happening are distractions that make him feel less free as an artist.

Poet and editor Maung Tin Thit saw it another way.  He said that in the time of precensorship of print media, he would send in his work to the censorship board and the censor would decide what would be published. Now the decision about what to say in public lies with the author and the editor, bringing new responsibilities which he found liberating.

Impact on artistic style and content  

“With the political situation changing, how will art change?” –  Zarganar

One of the key questions the symposium asked was how had the reforms affected artists who had developed a nuanced and subtle vocabulary to circumvent censorship. For several it is difficult to find their bearings, the mind-set is so deep seated that a two poets I spoke to agreed it would take time, maybe two years, to make work under such different conditions.

A performance artist who has made deeply political work for many years, told Index he had decided not to perform at all until after the 2015 elections and would spend his time documenting his work and making short films.

Performance artist Moe Satt commented that in performance and conceptual art he has seen a change from an urgent, cathartic explosion of tension to more conceptual work. Artists have repeatedly performed images of breaking out from closed spaces and now they have more space, work is more about feelings generated by breaking out.

A speaker claimed that poets were being criticised for sounding more like journalists than poets and the subtlety of their voice was lost; critics claimed there is more depth and substance when the message was indirect and hidden.  It was acknowledged there is a hunger for new subjects that were formally banned but that the public appetite will change soon and grow tired of works about prison experiences and political leaders.

Poet Eindra recited a work about the monks demonstrations in 2007.  At the time it would not have been possible for her to recite her own work so she had given it to fellow poet Ma Ei to circulate. One poet said that he did not want to publish his poems that were banned in the past because they would no longer be of the moment.

Testing the limits

“Every step is a test because we don’t know if it is allowed or not” Aw Pe Kyel (APK) – cartoonist

As seasoned activists, the symposium participants had experienced the pattern in contemporary Burma where space opens up for greater public participation only for this to be shut down again. While there is a strong feeling that this opening up is different and will be more lasting, there was a wariness about how long people will be able to enjoy this period of more free expression, how much daily life had really been affected and whether there would be some form of retribution in the future.   Min Ko Naing encouraged artists to test the authorities by going ahead with different works without permission.

Self-censorship: Several speakers referred to self-censorship as the most crippling form of censorship. APK put it succinctly – “We have these freedoms but we still censor ourselves”.  Old habits of self-censorship are hard to overcome; artists had to keep a censor in their heads for so many years that they were having difficulty escaping those unconscious boundaries. American anthropologist Jenny Leehey who wrote her PhD on censorship in Burma, talked about ‘public secrets’ that underpin all societies and how the symposium was an opportunity to openly share and so maybe finally dispel these public secrets from the old administration.  Her rhetorical question to the symposium was to ask what the new public secrets are and how they were changing.

Artist Associations and Unions

“We are in a boat – trying to row forward. Some people may want to paddle sideways or backward. That’s your right, but please don’t try to sink the boat” Thitsar Ni – poet

Independent artist unions and associations have flourished since becoming legal early in 2012.  Previously they had been run by government elected officials and toed the party line except for a brief period in 1988 when they joined the protests. Musician Myint Moe Aung reported that younger musicians and hip-hop artists have been accepted into the association and there is greater cooperation across generations, though it is not without tensions.  They have successfully campaigned for copyright and now, for the first time, radio stations have to pay musicians for broadcasting their music.  Poet Thitsar Ni spoke about the new poets union which was the first of the new wave of independent groups to come together.  He also spoke positively about the possibilities of collaboration, though noted difficulty of artists acting collectively.

Performance art

Throughout the symposium, as well as recitation of previously banned poetry, there were four performances that took the current state of the arts as their subject.

  • Ma Ei – she sat motionless in lotus position looking straight ahead, her eyes hardly blinking would occasionally fill with tears.  She threaded flowers which had already been discarded onto a long piece of thread.  When the thread was full her performance ended. After the performance she described that the woman was threading together old flowers thinking about when the time when there would be fresh flowers.
  • Saw Wai –Central to his performance was a torn map of Burma, referencing recent social conflicts, the savagery of hate speech and particularly songs with hate speech lyrics, a guitar and blooded paper also featured.  He read a poem of his called Aungban where nonagenarian poet Dagon Tar Yar friend of General  Aung San lives.
  • Suu Myint Thein In his own performance the day before ‘We live in Myanmar’ he asked people in the audience what they wished for and collected these on pieces of paper, almost choking as he ate them. He then tried to reach a bag of water, dyed blue to symbolise peace, hampered by ropes tied to his ankles.
  • Thet Swe Win is a poet who works on interfaith programmes.  He burned a computer keyboard, reference to Muslim-Buddhist conflict and the inflammatory role of social media in fuelling anti-Muslim feeling.  He sang ‘Imagine’ by John Lennon and quoted Buddhist texts and texts from the Koran and the Bible.
  • Sow Thaw Dar – wore a t-shirt that depicted three phases of censorship. The censors went from using black ink and then switched to silver, because people discovered they could rub off black ink and reveal the censored text underneath. Censorship became more invisible when computers were introduced and censors simply cut out words and phrases or whole pieces they did not like.

Translation

Zeyar Lin dedicated his presentation to the discussion of poetry in translation.  He featured two books of poems – one ‘Bones Will Crow’ which he edited with James Byrne editor of Wolf Magazine and an anthology of Burmese poetry translated into French without knowledge or permissions from the poets.  Despite the unprincipled way the French editors had appropriated the poems, the fact is that there are now two anthologies of contemporary Burmese poetry out there in the world.  This is a sign of art in transition and opening up of opportunities and possibilities for poets and new audiences around the world.   He finished his presentation by reading poems by a North Korean poet Jang Jin-Sung.

Conclusion

That independent newspapers hit the newsstands for the first time in over half a century the day after the first ever symposium on artistic freedom of expression illustrates clearly that political reforms are delivering concrete change in Burma.  At the same time violence between Buddhists and Muslims triggered debate about people’s readiness to handle new freedoms and uncertainty about the future of the press laws fuelled cynicism about the government’s commitment to reform. This mixed picture of opportunity, cynicism and anxiety was mirrored in the range of perspectives aired by the artists, activists and journalists at the symposium.

The premise of the symposium was clearly that artists are enjoying considerably more freedom and that the abolition of pre-censorship in print media had had a knock on effect across all the arts.  However,  the emerging role of public censorship, the changing nature of self-censorship and concerns about free speech online, were all cited as constraints on new freedoms.

Many of the presentations focussed on experiences of censorship that took place in the 80s, 90s and the last decade which reflected a preoccupation not to lose sight of the past in this period of transition. These stories still need to be told; they have been insufficiently heard and acknowledged and the contributing artists have experienced dramatic reversals by the government in the past.  A relatively small number of presentations focused on what is changing now, what is possible now and what needs to change in the future. Younger artists were more able to talk about the present than the older artists who had lived through 88 but they also expressed their concern that their work is only valued as much as it comments on the social and political situation of Burma.

There was a strong debate about the relationship between art and politics that will go on and the infrastructure is there to support it, in the form of new independent artist associations and unions, including The Motion Picture association.  There are other key agencies, many of which were represented at the symposium: HOME, New Zero, MCAC Beyond Pressure and education programmes like Loka Ahlin; the Burma Lawyer Council (led by NLD U Aung Thein), the Former Political Prisoner Association, Generation 88 Association.  There was interest in activating these networks to develop the debate, though it was also acknowledged that collective action by the conference participants would be very difficult given the number of different artist alliances and unions. It was felt that there was need for a specialist organisation like Index to get help these groups to engage at higher level of decision making, how to campaign and influence law making.

Annex – examples of projects and programmes that illustrate the artistic context for the symposium

Zarganar’s comedy event March 27 2013 – People’s Park

Without doubt the most significant and boundary pushing example of this was Zarganar’s comedy show, the biggest ever Anyeint performance[7], produced, written by and starring Zarganar which took place three days before the symposium. Featuring comedians who had recently returned from exile, the six hour marathon performance was broadcast live by Sky Net, a new pay-to-view independent TV channel and reinstated Zarganar as the most outspoken comedian in the country with an explosion of bare fisted satire. It was said that President Thein Sein watched the show on TV, and it would be interesting to know if he was surprised to find himself a target for satire alongside many other reformers and democrats including Aung San Suu Kyi, Min Ko Naing, Zarganar himself as well as democracy and freedom.

Freedom was portrayed in an unglamorous light “we are free to do anything now – sell our shit, piss on the streets” and even political activists were held up for ridicule as one scene saw protesters with empty placards went round in circles chanting join our cause – when asked what their cause was they said they didn’t know. He had had to submit the scripts to SkyNet before the show, but he departed from the script during the live broadcast performance and some of his riskiest gags were improvised, including a ruthless portrayal of the very unpopular but still powerful grandson of former premier, General Than Shwe.

Thangyat performance – April 2013

At the same time, celebrations for Thingyen – the Burmese new year four day water festival, were being prepared, in particular Thangyat troupes.  Traditionally an outspoken form of entertainment for the Burmese New Year, where teams of performers, competing for cash prizes, satirise mistakes made during the year so as to avoid repeating them in the coming year.  Last year the ban, which had been in place since 1988 was lifted and there was a low key revival of the form.  Now with more media attention than ever before, Sky Net was broadcasting the competition in Yangon and the first ever women’s troupe was performing in Mandalay it was interesting to see how new freedoms were being exercised and constrained.

Sky Net required all participating teams to submit their scripts or videos in advance and subsequently banned one troupe from the competition. The performers from the banned troupe thought that Sky Net was more sensitive to political satire than the current government and they were shocked and angry at being excluded. The troupe went ahead anyway and performed during the festival. In Mandalay pre-censorship of Than Gyat remains in the hands of city authorities and the all women Thangyat ensemble, like all the other troupes had to submit their scripts to the censors, though the group was determined to perform their script whatever the censors said.

Padauk 7000

Another art project Padauk 7000 was launched the weekend of the symposiumA temporary art space in the docks of Yangon, based in a fragile two storey wooden house due to be demolished in June to make way for a new apartment building. The space is run by an artist and an American journalist who crowd-sourced money to fund a series of weeklong site-specific exhibitions over a period of two months.  They didn’t apply for a licence.  Public exhibitions should, in theory, be licensed by the ministry of culture but they decided to test these requirements.  2 years ago running a squatted art space without alerting authorities would have risked arrest for the artist and deportation for the American. There is still a slight possibility of those things happening (a transitional government is an unpredictable one) but not enough to deter them.


[1] The symposium was a co-production between Index on Censorship and House of Media and Entertainment (HOME)

[2] The Irrawaddy literature festival, organised by the wife of the British Ambassador and conducted in English took place in February

[3] See a detailed assessment of the broader picture in Index’s report ‘Burma: freedom of expression in transition’.

[4] The MOI ‘Printers and Publishers Regulation Bill’ was passed by the Lower House of Parliament in July taking on very few of the changes pressed by the Press Council

[5] www.indexoncensorship.org

[6] Art of Freedom Film Festival co-produced with Min Htin Ko Ko Gyi and Aung San Suu Kyi took place within three months of Zarganar’s release from prison in October 2011.

[7] Anyeint is a traditional form of comic entertainment featuring an ensemble of comedians, with singers, dancers and musicians

This article was posted on February 24, 2014 at indexoncensorship.org