Groups urge Amal Clooney to pressure UK to act on Bahrain’s abuse of freedom of expression

[vc_row][vc_column][vc_single_image image=”108529″ img_size=”full”][vc_column_text]8 August 2019

Dear Amal Clooney,

We, the undersigned Bahraini and international non-governmental organisations, are writing to express our deep concern about the intensifying clampdown on freedom of expression in Bahrain since 2011, especially over the past two years. As the United Kingdom’s Special Envoy on Media Freedom, we hope that you can urge the UK government to abide by its stated commitment to protect journalists and promote free media and to press its ally, Bahrain, to respect freedom of expression and freedom of the press.

Freedom of Expression and Press Freedom restricted

The right to freedom of expression and press freedom are severely restricted in Bahrain and journalists, human rights defenders and activists are targeted for doing their human rights and journalism work. According to the Committee to Protect Journalist (CPJ), six journalists are currently imprisoned in connection with their work. In addition, Reporters without Borders (RSF) has documented seven journalists who have had their citizenship revoked since 2011. Bahrain now sits 167th out of 180 countries in RSF’s Press Freedom Index for 2019, one place lower than in 2018.

The repression intensified in 2017, when the only independent newspaper, Al-Wasat, was forcibly closed down and its employees dismissed. That year, the Ministry of Information Affairs effectively blocked the license renewal of several journalists working for foreign news agencies. Photojournalists and reporters for the Associated Press, Agence France-Presse and a cameraman for Reuters were all denied license renewal. Nazeeha Saeed, award winning correspondent for Radio Monte Carlo Doualiya and France24 was convicted and fined for working for international media outlets without a license. Those outlets, along with a coalition of press-freedom watchdogs, wrote to the King of Bahrain in April 2017 highlighting their concerns.

In Bahrain, criticising the King could result in conviction and a seven-year sentence as the government does not tolerate any form of dissent. Prominent human rights defender, Nabeel Rajab is serving a five-year sentence for using Twitter to expose torture in Bahrain’s Jau Prison and to criticise Saudi Arabia’s war on Yemen. He was also charged for publishing an Op-ed in the New York Times. Opposition activist and high profile blogger, Dr Alduljalil Al-Singace, was jailed for life in 2011, when the government renewed its crackdown on peaceful dissent. In 2017, activist and blogger Najah Yusuf was sexually assaulted by the authorities and sentenced to three years in prison, partly for criticising the Bahrain Grand Prix on social media. Former Al-Wasat employee, Mahmood Al-Jazeeri, was sentenced to 15 years’ imprisonment and stripped of his citizenship. The UN Working Group on Arbitrary Detention (WGAD) declared him arbitrarily detained. Similarly, award-winning photojournalists Ahmed Humaidan and Sayed Ahmed Al-Mousawi continue to languish in prison with the latter also stripped of his citizenship. Photojournalist Hassan Qambar was sentenced to more than 100 years in prison over a “range of absurd charges” according to RSF, namely his coverage of local protests.

Cybercrime Law

We are dismayed that the Bahraini authorities are once again amending anti-terror and cybercrime laws to further criminalise political dissent and civil society activism. The situation is only worsening, following the government’s recent declaration that it intends to crackdown further on critical social media accounts and posts. 

On 22 May 2019, the Ministry of Interior (MoI) accused Bahraini journalist Adel Marzooq of cybercrime for analysing politics in the region on Twitter. On 30 May 2019, Bahrain’s MoI announced that “those who follow inciting accounts that promote sedition and circulate their posts will be held legally accountable.” Two days later, a MoI official elaborated that “countering inciting social media accounts that promote sedition and threaten social fabric and civil peace was a national duty and part of the community partnership to protect the security and safety of the nation.”

Social media giant Twitter expressed concern about the Bahraini government’s recent declaration. In a tweet posted on 5 June 2019, Twitter stated that the implementation of such measures would “pose a significant risk to free expression and journalism” in the country. Twitter also provided advice to individuals who wished to view posts from specific accounts without having to follow them, in order to avoid the scrutiny of the Bahraini authorities.

Our hope is that Bahrain’s allies will be inspired by this principled action and follow suit in publicly condemning the growing crackdown on dissent. Regrettably, the UK is yet to take a strong public stance on the matter and instead provides its Gulf ally with unconditional political support, to the detriment of the Bahraini people.

Bahrain Ambassador to UK: Sheikh Fawaz bin Mohammad Al Khalifa 

During the time that the Ambassador of the Kingdom of Bahrain to the UK, Sheikh Fawaz bin Mohammad Al Khalifa, has been in post, a number of smear campaigns targeting human rights defenders, activists, journalists and critics have been launched from the embassy in London.

Sheikh Fawaz is a member of the Bahraini royal family and was the president of the Information Affairs Authority (IAA) during the Arab spring, a time when the government systematically cracked down on human rights and civil society. The IAA regulates the state’s media channels and websites, including Bahrain TV and the Bahrain News Agency.  The organisation was responsible for shutting down Al-Wasat, the only independent newspaper, leading to the censorship of the press and the deportation of foreign-national journalists and spreading hate speech through IAA-controlled TV stations. In 2009, the year before Sheikh Fawaz’s IAA presidency, Bahrain stood 119th in RSF’s Press Freedom Index. By the time his presidency ended in 2012, Bahrain had fallen to 165th place, attesting to Sheikh Fawaz’s devastating record and legacy on press freedom.

The Bahraini Embassy in London has escalated smear campaigns against human rights defender Nabeel Rajab and blogger Najah Yusuf, to whom they attributed tweets posted eight months after her conviction. The Embassy also justified the prosecution of journalist Nazeeha Saeed, blaming her for not renewing her own credentials as a foreign correspondent.

Despite this evidence being publicly available, the FCO responded to concerns raised about Sheikh Fawaz by a Member of Parliament by asserting that it “thoroughly reviews each State’s appointee as Head of Mission.”

Our Requests

It is evident that the British government prioritises its strategic relations with Bahrain over the right to freedom of expression and press freedom. While trade and security agreements made without a strong human rights component may appear expedient on the surface, in the long term a foreign policy that ignores human rights will likely encourage greater repression which in turn will undermine the UK’s international reputation. 

In December 2018 you said that: “states should repeal criminal sanctions in laws that target speech like sedition, blasphemy and defamation, and they should narrow the scope of other laws that can easily be used to silence critical speech.” However, as long as Bahrain’s closest allies refuse to use their leverage to pursue these noble goals, they will remain impossible to achieve in the country.

In light of the above, we hope that you can use your position and access to the UK authorities to urge them to:

  • Prevail on their Bahraini counterparts to release prisoners of conscience, including journalists, photojournalists and human rights defenders imprisoned solely for voicing their peaceful opinions, including specifically: Mahmoud Al-Jaziri; Ahmed Humaidan; Sayed Ahmed Al-Mosawi; Hassan Qambar; Najah Yusuf; Dr Abduljalil Al-Singace and Nabeel Rajab;
  • Urge the Bahraini government to rescind the administrative ban on the activities of the independent newspaper, Al-Wasat;
  • Urge the Bahraini government to allow visits of the Special Rapporteurs on Freedom of Expression and Freedom of Assembly to the country; and
  • Call on the Bahraini government to lift the vague and overly broad cybercrime laws imposed to silence the right to freedom of expression and end legislation criminalising human rights, including criticism of the King. 

We would particularly welcome any public statements you can make in support of freedom of expression in Bahrain. 

Thank you for your time and we look forward to hearing from you soon.

Yours Sincerely,

  • Bahrain Institute for Rights and Democracy (BIRD)
  • Americans for Democracy & Human Rights in Bahrain (ADHRB)
  • Amnesty International
  • ARTICLE 19
  • Bahrain Centre for Human Rights (BCHR)
  • English PEN
  • European Centre for Democracy and Human Rights (ECDHR)
  • Gulf Centre for Human Rights (GCHR)
  • IFEX
  • Index on Censorship
  • International Service for Human Rights (ISHR)
  • PEN America
  • PEN International
  • Reporters Without Borders (RSF)
  • Women’s March Global

 

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UK government proposals to tackle online harms pose real risk to online freedom of expression

[vc_row][vc_column][vc_single_image image=”103235″ img_size=”full”][vc_column_text]The Rt Hon Jeremy Wright QC MP
Secretary of State for Digital, Culture, Media and Sport
100 Parliament Street
London SW1A 2BQ

6 March 2019

Re: Online Harms White Paper

Dear Secretary of State,

We write to you as civil society organisations who work to promote human rights, both offline and online. As such, we are taking a keen interest in the government’s focus on tackling unlawful and harmful online content, particularly since the publication of the Internet Safety Strategy Green Paper in 2017. In October 2018, we published a joint statement noting that any proposals are likely to have a significant impact on the enjoyment and exercise of human rights online, particularly freedom of expression. We have also met with your officials from the Department for Digital, Culture, Media and Sport, as well as from the Home Office, to raise our thoughts and concerns. With the publication of the Online Harms White Paper imminent, we wanted to write to you personally. A number of our organisations wrote to you about this last summer, and your office kindly offered to meet us. We would be very keen to meet in person, if that offer is still open.

While we recognise and support the government’s legitimate desire to tackle unlawful and harmful content online, the proposals that have been mooted publicly by government ministers in recent months – including a new duty of care on social media platforms, a new regulatory body, and even the fining and banning of social media platforms as a sanction – have reinforced our initial concerns over the serious risks to freedom of expression online that could stem from the government’s proposals. These risks could put the United Kingdom in breach of its obligations to respect and promote the right to freedom of expression and information as set out in Article 19 of the International Covenant on Civil and Political Rights and Article 10 of the European Convention on Human Rights, amongst other international treaties.

Social media platforms are a key means for tens of millions of individuals in the United Kingdom to search for, receive, share and impart information, ideas and opinions. The scope of the right to freedom of expression includes speech which may be offensive, shocking or disturbing. There is a real risk that the currently mooted proposals may lead to disproportionate amounts of speech being curtailed, undermining the right to freedom of expression.

Given this risk, we believe that it is essential for human rights requirements and considerations to be at the heart of the policymaking process. We urge the government to take a ‘human rights by design’ approach towards all legislation, regulation and other measures ultimately proposed. In particular, we make the following specific recommendations:

  • First, the government must set out a clear evidence base in relation to any proposals put forward in the Online Harms White Paper. The wide range of different harms which the government is seeking to tackle in this policy process require different, tailored responses. Measures proposed must be underpinned by strong evidence, both of the likely scale of the harm and the measures’ likely effectiveness. The evidence which formed the base of the Internet Safety Strategy Green Paper was highly variable in its quality. Any legislative or regulatory measures proposed in the White Paper should be supported by clear and unambiguous evidence of their need and effectiveness.
  • Second, we urge the government to fully to consider non-legislative measures before opting for regulation in this field. Other potentially highly effective options such as increasing public awareness and digital literacy, a curriculum and resource focus on digital skills in schools, promoting “safety by design” amongst tech product designers and developers, and supporting existing initiatives being undertaken, should be set out in the Online Harms White Paper.
  • Third, greater transparency on the part of social media platforms and others involved in the moderation and removal of online content should be the starting point when it comes to any regulation being considered. Transparency should not simply focus on the raw number of pieces of content flagged and removed; it should instead more holistically require platforms to provide user-accessible information about the policies they have in place to respond to unlawful and harmful content, how those policies are implemented, reviewed and updated to respond to evolving situations and norms, and what company or industry-wide steps they have or are planning to improve these processes.
  • Fourth, we strongly caution against proposals which attach liability to platforms for third party content, such as a binding Code of Practice, a new ‘duty of care’ or a new regulatory body. While well-meaning, proposals such as these contain serious risks, such as requiring or incentivising wide-sweeping removal of lawful and innocuous content. The imposition of time limits for removal, heavy sanctions for non-compliance or incentives to use automated content moderation processes only heighten this risk, as has been evidenced by the approach taken in Germany via its Network Enforcement Act (or NetzDG), where there is evidence of the over-removal of lawful content.(1)
  • Fifth, we expect any legislative or regulatory proposals to contain explicit and unambiguous language on the importance of freedom of expression. It is vital that any legislative or regulatory scheme which seeks to limit speech explicitly references the human right to free expression so that this infuses how the scheme is implemented and enforced in practice. Such language should be set out both any legislation ultimately proposed, as well as any secondary legislation or regulatory guidance ultimately developed.
  • Sixth, in recognition of the UK’s commitment to the multistakeholder model of internet governance, we stress the importance for all relevant stakeholders, including civil society, to be fully engaged throughout the Online Harm White Paper’s consultation period, and able to participate in the design and implementation of any measures which are finally adopted.

We appreciate your consideration of these points and look forward to continuing our engagement with your department as the Online Harms White Paper is published and throughout the policy process.

Yours sincerely,[/vc_column_text][vc_row_inner][vc_column_inner width=”1/3″][vc_column_text]Charles Bradley
Executive Director
Global Partners Digital[/vc_column_text][/vc_column_inner][vc_column_inner width=”1/3″][vc_column_text]Jodie Ginsberg
Chief Executive
Index on Censorship[/vc_column_text][/vc_column_inner][vc_column_inner width=”1/3″][vc_column_text]Jim Killock
Executive Director
Open Rights Group[/vc_column_text][/vc_column_inner][/vc_row_inner][vc_column_text]
1. See, for example, Scott, M. and Delcker, J., “Free speech vs. censorship in Germany”, Politico, 14 January 2018, available at: https://www.politico.eu/article/germany-hate-speech-netzdg-facebook-youtube-google-twitter-free-speech, and Kinstler, L., “Germany’s Attempt to Fix Facebook Is Backfiring”, The Atlantic, 18 May 2018, available at: https://www.theatlantic.com/international/archive/2018/05/germany-facebook-afd/560435/.[/vc_column_text][vc_basic_grid post_type=”post” max_items=”4″ element_width=”6″ grid_id=”vc_gid:1551880941891-44b3d529-2ac3-9″ taxonomies=”16927, 4883″][/vc_column][/vc_row]

UK NGOs concerned over press freedom implications of Crime (Overseas Production Orders) Bill

[vc_row][vc_column][vc_column_text]The Crime (Overseas Production Orders) Bill is a major shake-up of how authorities access the data of people in the UK and overseas, in the context of investigating and prosecuting serious crime.

We welcome better measures to tackle serious crime, but bad legislation will unnecessarily erode privacy, freedom of expression, and press freedom. It is possible to have more effective investigation and prosecution while also protecting these fundamental rights, but this bill fails to do so. Many of the powers in the bill are unprecedented and broad; for example, a general power for the police to apply for electronic content does not currently exist in UK law.

Section 20 (2) of the Investigatory Powers Act 2016 sets a minimal threshold for authorities to access content: a warrant can only be deemed necessary if it is in the interests of national security, the prevention or detection of serious crime (defined in s.263, though reasonable grounds are not required), or in the interests of the economic well-being of the United Kingdom so far as it relates to national security. However, the threshold set in the Crime (Overseas Production Orders) Bill is that there must be reasonable grounds for believing that an indictable offence has been committed (cl. 4(3)), unless the order is sought for the purposes of a terrorist investigation, in which case no evidentiary threshold is required at all.

Whilst we welcome the requirement of reasonable grounds, an ‘indictable offence’ threshold is lower than even the minimal threshold set out in the Investigatory Powers Act 2016, which is already subject to judicial review. Therefore, this bill risks instating a two-tier system, further jeopardising privacy rights and freedom of expression rights protected by Articles 8 and 10 of the Human Rights Act respectively.

The Crime (Overseas Production Orders) Bill has two aims:

  1. it sets new rules when UK authorities are accessing communications data from overseas servers;
  2. it also envisages a brand-new framework of treaties to allow overseas courts to access UK-based data.

On the first aim, the bill establishes a quick route for UK authorities to access information stored on servers overseas – and that includes what’s held by big platforms and telecoms companies based in the US. But that route also takes a shortcut through important protections for citizens’ privacy, which results in a draconian new regime.

In the UK, there are rules around production orders that protect privacy and freedom of expression – they’re contained in the Police and Criminal Evidence Act 1984 (PACE). Namely, the material sought has to be of substantial value to an investigation and likely to be relevant evidence; other methods of obtaining the material have to have been tried unless they were bound to fail; and it has to be in the public interest. This bill ignores these protections. That leaves UK citizens vulnerable – including journalists who need these protections to do work in the public interest. We ask that MPs and Peers include these protections in the bill.

On the second point, the bill will enable the Government to enter treaties to allow foreign governments to make inbound applications for information held in the UK. But it is silent on what, if any, checks and safeguards there will be. This may well result in overseas authorities – including police forces and authorities from undemocratic countries – having greater powers over UK-held data.

We urge MPs and Peers to insist that these future treaties mirror the existing safeguards in UK production orders as a minimum, and that they provide at least equivalent levels of protection for freedom of expression and privacy. There should be a commitment in this bill that robust safeguards will apply.

Signed:

Reporters Without Borders
Index on Censorship
English PEN
Big Brother Watch
Open Rights Group
National Union of Students
Committee on the Administration of Justice
Cage

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Saudi Arabia: Kingdom must be held to account for suppression of dissent

Saudi journalist, Global Opinions columnist for the Washington Post, and former editor-in-chief of Al-Arab News Channel Jamal Khashoggi offers remarks during POMED’s “Mohammed bin Salman’s Saudi Arabia: A Deeper Look”. March 21, 2018, Project on Middle East Democracy (POMED), Washington, DC.

Saudi journalist, Global Opinions columnist for the Washington Post, and former editor-in-chief of Al-Arab News Channel Jamal Khashoggi offers remarks during POMED’s “Mohammed bin Salman’s Saudi Arabia: A Deeper Look”. March 21, 2018, Project on Middle East Democracy (POMED), Washington, DC.

Recognising the fundamental right to express our views, free from repression, we the undersigned civil society organisations call on the international community, including the United Nations, multilateral and regional institutions as well as democratic governments committed to the freedom of expression, to take immediate steps to hold Saudi Arabia accountable for grave human rights violations. The murder of Saudi journalist Jamal Ahmad Khashoggi in the Saudi Consulate in Istanbul on 2 October is only one of many gross and systematic violations committed by the Saudi authorities inside and outside the country. As the International Day to End Impunity for Crimes against Journalists approaches on 2 November, we strongly echo calls for an independent investigation into Khashoggi’s murder, in order to hold those responsible to account.

This case, coupled with the rampant arrests of human rights defenders, including journalists, scholars and women’s rights activists; internal repression; the potential imposition of the death penalty on demonstrators; and the findings of the UN Group of Eminent Experts report which concluded that the Coalition, led by Saudi Arabia, have committed acts that may amount to international crimes in Yemen, all demonstrate Saudi Arabia’s record of gross and systematic human rights violations. Therefore, our organisations further urge the UN General Assembly to suspend Saudi Arabia from the UN Human Rights Council (HRC), in accordance with operative paragraph 8 of the General Assembly resolution 60/251.

Saudi Arabia has never had a reputation for tolerance and respect for human rights, but there were hopes that as Crown Prince Mohammed Bin Salman rolled out his economic plan (Vision 2030), and finally allowed women to drive, there would be a loosening of restrictions on women’s rights, and freedom of expression and assembly. However, prior to the driving ban being lifted in June, women human rights defenders received phone calls warning them to remain silent. The Saudi authorities then arrested dozens of women’s rights defenders (both female and male) who had been campaigning against the driving ban. The Saudi authorities’ crackdown against all forms of dissent has continued to this day.

Khashoggi criticised the arrests of human rights defenders and the reform plans of the Crown Prince, and was living in self-imposed exile in the US. On 2 October 2018, Khashoggi went to the Consulate in Istanbul with his fiancée to complete some paperwork, but never came out. Turkish officials soon claimed there was evidence that he was murdered in the Consulate, but Saudi officials did not admit he had been murdered until more than two weeks later.

It was not until two days later, on 20 October, that the Saudi public prosecution’s investigation released findings confirming that Khashoggi was deceased. Their reports suggested that he died after a “fist fight” in the Consulate, and that 18 Saudi nationals have been detained. King Salman also issued royal decrees terminating the jobs of high-level officials, including Saud Al-Qahtani, an advisor to the royal court, and Ahmed Assiri, deputy head of the General Intelligence Presidency. The public prosecution continues its investigation, but the body has not been found.

Given the contradictory reports from Saudi authorities, it is essential that an independent international investigation is undertaken.

On 18 October, the Committee to Protect Journalists (CPJ), Human Rights Watch, Amnesty International, and Reporters Without Borders (RSF) called on Turkey to request that UN Secretary-General Antonio Guterres establish a UN investigation into the extrajudicial execution of Khashoggi.

On 15 October 2018, David Kaye, the UN Special Rapporteur on freedom of expression, and Dr. Agnès Callamard, the UN Special Rapporteur on summary executions, called for “an independent investigation that could produce credible findings and provide the basis for clear punitive actions, including the possible expulsion of diplomatic personnel, removal from UN bodies (such as the Human Rights Council), travel bans, economic consequences, reparations and the possibility of trials in third states.”

We note that on 27 September, Saudi Arabia joined consensus at the UN HRC as it adopted a new resolution on the safety of journalists (A/HRC/Res/39/6). We note the calls in this resolution for “impartial, thorough, independent and effective investigations into all alleged violence, threats and attacks against journalists and media workers falling within their jurisdiction, to bring perpetrators, including those who command, conspire to commit, aid and abet or cover up such crimes to justice.” It also “[u]rges the immediate and unconditional release of journalists and media workers who have been arbitrarily arrested or arbitrarily detained.”

Khashoggi had contributed to the Washington Post and Al-Watan newspaper, and was editor-in-chief of the short-lived Al-Arab News Channel in 2015. He left Saudi Arabia in 2017 as arrests of journalists, writers, human rights defenders and activists began to escalate. In his last column published in the Washington Post, he criticised the sentencing of journalist Saleh Al-Shehi to five years in prison in February 2018. Al-Shehi is one of more than 15 journalists and bloggers who have been arrested in Saudi Arabia since September 2017, bringing the total of those in prison to 29, according to RSF, while up to 100 human rights defenders and possibly thousands of activists are also in detention according to the Gulf Centre for Human Rights (GCHR) and Saudi partners including ALQST. Many of those detained in the past year had publicly criticised reform plans related to Vision 2030, noting that women would not achieve economic equality merely by driving.

Another recent target of the crackdown on dissent is prominent economist Essam Al-Zamel, an entrepreneur known for his writing about the need for economic reform. On 1 October 2018, the Specialised Criminal Court (SCC) held a secret session during which the Public Prosecution charged Al-Zamel with violating the Anti Cyber Crime Law by “mobilising his followers on social media.” Al-Zamel criticised Vision 2030 on social media, where he had one million followers. Al-Zamel was arrested on 12 September 2017 at the same time as many other rights defenders and reformists.

The current unprecedented targeting of women human rights defenders started in January 2018 with the arrest of Noha Al-Balawi due to her online activism in support of social media campaigns for women’s rights such as (#Right2Drive) or against the male guardianship system (#IAmMyOwnGuardian). Even before that, on 10 November 2017, the SCC in Riyadh sentenced Naimah Al-Matrod to six years in jail for her online activism.

The wave of arrests continued after the March session of the HRC and the UN Committee on the Elimination of Discrimination against Women (CEDAW) published its recommendations on Saudi Arabia. Loujain Al-Hathloul, was abducted in the Emirates and brought to Saudi Arabia against her will on 15 May 2018; followed by the arrest of Dr. Eman Al-Nafjan, founder and author of the Saudiwoman’s Weblog, who had previously protested the driving ban; and Aziza Al-Yousef, a prominent campaigner for women’s rights.

Four other women’s human rights defenders who were arrested in May 2018 include Dr. Aisha Al-Manae, Dr. Hessa Al-Sheikh and Dr. Madeha Al-Ajroush, who took part in the first women’s protest movement demanding the right to drive in 1990; and Walaa Al-Shubbar, a young activist well-known for her campaigning against the male guardianship system. They are all academics and professionals who supported women’s rights and provided assistance to survivors of gender-based violence. While they have since been released, all four women are believed to be still facing charges.

On 6 June 2018, journalist, editor, TV producer and woman human rights defender Nouf Abdulaziz was arrested after a raid on her home. Following her arrest, Mayya Al-Zahrani published a letter from Abdulaziz, and was then arrested herself on 9 June 2018, for publishing the letter.

On 27 June 2018, Hatoon Al-Fassi, a renowned scholar, and associate professor of women’s history at King Saud University, was arrested. She has long been advocating for the right of women to participate in municipal elections and to drive, and was one of the first women to drive the day the ban was lifted on 24 June 2018.

Twice in June, UN special procedures called for the release of women’s rights defenders. On 27 June 2018, nine independent UN experts stated, “In stark contrast with this celebrated moment of liberation for Saudi women, women’s human rights defenders have been arrested and detained on a wide scale across the country, which is truly worrying and perhaps a better indication of the Government’s approach to women’s human rights.” They emphasised that women human rights defenders “face compounded stigma, not only because of their work as human rights defenders, but also because of discrimination on gender grounds.”

Nevertheless, the arrests of women human rights defenders continued with Samar Badawi and Nassima Al-Sadah on 30 July 2018. They are being held in solitary confinement in a prison that is controlled by the Presidency of State Security, an apparatus established by order of King Salman on 20 July 2017. Badawi’s brother Raif Badawi is currently serving a 10-year prison sentence for his online advocacy, and her former husband Waleed Abu Al-Khair, is serving a 15-year sentence. Abu Al-Khair, Abdullah Al-Hamid, and Mohammad Fahad Al-Qahtani (the latter two are founding members of the Saudi Civil and Political Rights Association – ACPRA) were jointly awarded the Right Livelihood Award in September 2018. Yet all of them remain behind bars.

Relatives of other human rights defenders have also been arrested. Amal Al-Harbi, the wife of prominent activist Fowzan Al-Harbi, was arrested by State Security on 30 July 2018 while on the seaside with her children in Jeddah. Her husband is another jailed member of ACPRA. Alarmingly, in October 2018, travel bans were imposed against the families of several women’s rights defenders, such as Aziza Al-Yousef, Loujain Al-Hathloul and Eman Al-Nafjan.

In another alarming development, at a trial before the SCC on 6 August 2018, the Public Prosecutor called for the death penalty for Israa Al-Ghomgam who was arrested with her husband Mousa Al-Hashim on 6 December 2015 after they participated in peaceful protests in Al-Qatif. Al-Ghomgam was charged under Article 6 of the Cybercrime Act of 2007 in connection with social media activity, as well as other charges related to the protests. If sentenced to death, she would be the first woman facing the death penalty on charges related to her activism. The next hearing is scheduled for 28 October 2018.

The SCC, which was set up to try terrorism cases in 2008, has mostly been used to prosecute human rights defenders and critics of the government in order to keep a tight rein on civil society.

On 12 October 2018, UN experts again called for the release of all detained women human rights defenders in Saudi Arabia. They expressed particular concern about Al-Ghomgam’s trial before the SCC, saying, “Measures aimed at countering terrorism should never be used to suppress or curtail human rights work.” It is clear that the Saudi authorities have not acted on the concerns raised by the special procedures – this non-cooperation further brings their membership on the HRC into disrepute.

Many of the human rights defenders arrested this year have been held in incommunicado detention with no access to families or lawyers. Some of them have been labelled traitors and subjected to smear campaigns in the state media, escalating the possibility they will be sentenced to lengthy prison terms. Rather than guaranteeing a safe and enabling environment for human rights defenders at a time of planned economic reform, the Saudi authorities have chosen to escalate their repression against any dissenting voices.

Our organisations reiterate our calls to the international community to hold Saudi Arabia accountable and not allow impunity for human rights violations to prevail.

We call on the international community, and in particular the UN, to:

  1. Take action to ensure there is an international, impartial, prompt, thorough, independent and effective investigation into the murder of journalist Jamal Ahmad Khashoggi;
  2. Ensure Saudi Arabia be held accountable for the murder of Khashoggi and for its systematic violations of human rights;
  3. Call a Special Session of the Human Rights Council on the recent wave of arrests and attacks against journalists, human rights defenders and other dissenting voices in Saudi Arabia;
  4. Take action at the UN General Assembly to suspend Saudi Arabia’s membership of the Human Rights Council; and
  5. Urge the government of Saudi Arabia to implement the below recommendations.

We call on the authorities in Saudi Arabia to:

  1. Produce the body of Jamal Ahmad Khashoggi and invite independent international experts to oversee investigations into his murder; cooperate with all UN mechanisms; and ensure that those responsible for his death, including those who hold command responsibility, are brought to justice;
  2. Immediately quash the convictions of all human rights defenders, including women and men advocating for gender equality, and drop all charges against them;
  3. Immediately and unconditionally release all human rights defenders, writers, journalists and prisoners of conscience in Saudi Arabia whose detention is a result of their peaceful and legitimate work in the promotion and protection of human rights including women’s rights;
  4. Institute a moratorium on the death penalty; including as punishment for crimes related to the exercise of rights to freedom of opinion and expression, and peaceful assembly;
  5. Guarantee in all circumstances that all human rights defenders and journalists in Saudi Arabia are able to carry out their legitimate human rights activities and public interest reporting without fear of reprisal;
  6. Immediately implement the recommendations made by the UN Group of Eminent Experts on Yemen; and
  7. Ratify the International Covenant on Civil and Political Rights, and bring all national laws limiting the rights to freedom of expression, peaceful assembly and association into compliance with international human rights standards.

Signed,

Access Now
Action by Christians for the Abolition of Torture (ACAT) – France
Action by Christians for the Abolition of Torture (ACAT) – Germany
Al-Marsad – Syria
ALQST for Human Rights
ALTSEAN-Burma
Americans for Democracy & Human Rights in Bahrain (ADHRB)
Amman Center for Human Rights Studies (ACHRS) – Jordan
Amman Forum for Human Rights
Arabic Network for Human Rights Information (ANHRI)
Armanshahr/OPEN ASIA
ARTICLE 19
Asian Forum for Human Rights and Development (FORUM-ASIA)
Asian Human Rights Commission (AHRC)
Asociación Libre de Abogadas y Abogados (ALA)
Association for Freedom of Thought and Expression (AFTE)
Association for Human Rights in Ethiopia (AHRE)
Association malienne des droits de l’Homme (AMDH)
Association mauritanienne des droits de l’Homme (AMDH)
Association nigérienne pour la défense des droits de l’Homme (ANDDH)
Association of Tunisian Women for Research on Development
Association for Women’s Rights in Development (AWID)
Awan Awareness and Capacity Development Organization
Bahrain Institute for Rights and Democracy (BIRD)
Bureau for Human Rights and the Rule of Law – Tajikistan
Cairo Institute for Human Rights Studies (CIHRS)
Cambodian League for the Promotion and Defense of Human Rights (LICADHO)
Canadian Center for International Justice
Caucasus Civil Initiatives Center (CCIC)
Center for Civil Liberties – Ukraine
Center for Prisoners’ Rights
Center for the Protection of Human Rights “Kylym Shamy” – Kazakhstan
Centre oecuménique des droits de l’Homme (CEDH) – Haïti
Centro de Políticas Públicas y Derechos Humanos (EQUIDAD) – Perú
Centro para la Acción Legal en Derechos Humanos (CALDH) – Guatemala
Citizen Center for Press Freedom
Citizens’ Watch – Russia
CIVICUS
Civil Society Institute (CSI) – Armenia
Code Pink
Columbia Law School Human Rights Clinic
Comité de acción jurídica (CAJ) – Argentina
Comisión Ecuménica de Derechos Humanos (CEDHU) – Ecuador
Comisión Nacional de los Derechos Humanos – Dominican Republic
Committee on the Administration of Justice (CAJ) -Northern Ireland
Committee to Protect Journalists
Committee for Respect of Liberties and Human Rights in Tunisia
Damascus Center for Human Rights in Syria
Danish PEN
DITSHWANELO – The Botswana Center for Human Rights
Dutch League for Human Rights (LvRM)
Election Monitoring and Democracy Studies Center – Azerbaijan
English PEN
European Centre for Democracy and Human Rights (ECDHR)
European Saudi Organisation for Human Rights (ESOHR)
FIDH within the framework of the Observatory for the protection of human rights defenders
Finnish League for Human Rights
Freedom Now
Front Line Defenders
Fundación regional de asesoría en derechos humanos (INREDH) – Ecuador
Foundation for Human Rights Initiative (FHRI) – Uganda
Global Voices Advox
Groupe LOTUS (RDC)
Gulf Centre for Human Rights (GCHR)
Hellenic League for Human Rights (HLHR)
Human Rights Association (IHD) – Turkey
Human Rights Center (HRCIDC) – Georgia
Human Rights Center “Viasna” – Belarus
Human Rights Commission of Pakistan
Human Rights Concern (HRCE) – Eritrea
Human Rights in China
Human Rights Center Memorial
Human Rights Movement “Bir Duino Kyrgyzstan”
Human Rights Sentinel
IFEX
Index on Censorship
Initiative for Freedom of Expression (IFoX) – Turkey
Institut Alternatives et Initiatives citoyennes pour la Gouvernance démocratique (I-AICGD) – DR Congo
International Center for Supporting Rights and Freedoms (ICSRF) – Switzerland
Internationale Liga für Menscherechte
International Human Rights Organisation “Fiery Hearts Club” – Uzbekistan
International Legal Initiative (ILI) – Kazakhstan
International Media Support (IMS)
International Partnership for Human Rights (IPHR)
International Press Institute
International Service for Human Rights (ISHR)
Internet Law Reform and Dialogue (iLaw)
Iraqi Association for the Defense of Journalists’ Rights
Iraqi Hope Association
Italian Federation for Human Rights (FIDH)
Justice for Iran
Karapatan – Philippines
Kazakhstan International Bureau for Human Rights and the Rule of Law
Khiam Rehabilitation Center for Victims of Torture
KontraS
Latvian Human Rights Committee
Lao Movement for Human Rights
Lawyers’ Rights Watch Canada
League for the Defense of Human Rights in Iran (LDDHI)
Legal Clinic “Adilet” – Kyrgyzstan
Ligue algérienne de défense des droits de l’Homme (LADDH)
Ligue centrafricaine des droits de l’Homme
Ligue des droits de l’Homme (LDH) Belgium
Ligue des Electeurs (LE) – DRC
Ligue ivoirienne des droits de l’Homme (LIDHO)
Ligue sénégalaise des droits humains (LSDH)
Ligue tchadienne des droits de l’Homme (LTDH)
Maison des droits de l’Homme (MDHC) – Cameroon
Maharat Foundation
MARUAH – Singapore
Middle East and North Africa Media Monitoring Observatory
Monitoring Committee on Attacks on Lawyers, International Association of People’s Lawyers (IAPL)
Movimento Nacional de Direitos Humanos (MNDH) – Brasil
Muslims for Progressive Values
Mwatana Organization for Human Rights
National Syndicate of Tunisian Journalists
No Peace Without Justice
Norwegian PEN
Odhikar
Open Azerbaijan Initiative
Organisation marocaine des droits humains (OMDH)
People’s Solidarity for Participatory Democracy (PSPD)
People’s Watch
PEN America
PEN Canada
PEN International
PEN Lebanon
PEN Québec
Promo-LEX – Moldova
Public Foundation – Human Rights Center “Kylym Shamy” – Kyrgyzstan
Rafto Foundation for Human Rights
RAW in WAR (Reach All Women in War)
Reporters Without Borders (RSF)
Right Livelihood Award Foundation
Robert F. Kennedy Human Rights
Sahrawi Media Observatory to document human rights violations
SALAM for Democracy and Human Rights (SALAM DHR)
Scholars at Risk (SAR)
Sham Center for Democratic Studies and Human Rights in Syria
Sisters’ Arab Forum for Human Rights (SAF) – Yemen
Solicitors International Human Rights Group
Syrian Center for Legal Studies and Research
Syrian Center for Media and Freedom of Expression (SCM)
Tanmiea – Iraq
Tunisian Association to Defend Academic Values
Tunisian Association to Defend Individual Rights
Tunisian Association of Democratic Women
Tunis Center for Press Freedom
Tunisian Forum for Economic and Social Rights
Tunisian League to Defend Human Rights
Tunisian Organization against Torture
Urgent Action Fund for Women’s Human Rights (UAF)
Urnammu
Vietnam Committee on Human Rights
Vigdis Freedom Foundation
Vigilance for Democracy and the Civic State
Women Human Rights Defenders International Coalition
Women’s Center for Culture & Art – United Kingdom
World Association of Newspapers and News Publishers (WAN-IFRA)
World Organisation Against Torture (OMCT) within the framework of the Observatory for the protection of human rights defenders
Yemen Center for Human Rights
Zimbabwe Human Rights Association (ZimRights)
17Shubat For Human Rights