The EU and freedom of expression in its southern neighbourhood

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This article is part of a series based on our report, Time to Step Up: The EU and freedom of expression


In the aftermath of the Arab Spring, the EU shifted its neighbourhood policy in the southern neighbourhood. In response to the revolutions and social movements in the region, the EU shifted the focus of its neighbourhood policy from economic development towards human rights. On 8 May 2011, the EU High Representative and the European Commission issued a joint communication proposing “A partnership for democracy and shared prosperity with the southern Mediterranean“.

The EU now emphasises the “three Ms”: money, market access and mobility, with the first “M” addressing the EU’s commitment to financially support transition to democracy and civil society. The strategy also heralded the creation of the Civil Society Facility for the neighbourhood (covering both the southern and eastern neighbourhoods), with an overall budget of €26.4 million for 2011 to strengthen civil society. In parallel, the European Instrument for Democracy and Human Rights (EIDHR) deployed a number of operations in the region to protect and promote freedom of expression, often without the consent of the host country.

The apparent efforts to promote freedom of expression in the southern neighbourhood after the Arab Spring are in stark contrast to the multilateral partnerships that the EU actually established, often with the now overthrown dictatorships. The Euro-Mediterranean Partnership (EUROMED), also known as the Union for the Mediterranean (UfM) and formerly known as the Barcelona Process, was re-launched in 2008 as a multilateral partnership between the EU member states and 15 Mediterranean partner countries in the EU’s southern neighbourhood. Of the UfM’s six key initiatives launched prior to the Arab Spring, none related to the promotion of human rights. EU member states that border the Mediterranean Sea, in particular Italy, Spain and France, emphasised cooperation on migration, energy supplies and help with counter-terrorism, while adopting a relatively passive approach toward democracy and human rights.

Critics contend the UfM was overly concerned with regional security and economic partnership at the expense of human rights, including the right to freedom of expression.  For example, in spring 2010, the EU began negotiations with Tunisia on advanced status within the European Neighbourhood Policy, with clear economic benefits for the country, even though, at the same time, the Ben Ali regime was clamping down on freedom of expression.  Ben Ali’s government even introduced a draconian NGO law during the period of the advanced status talks, in an attempt to prevent Tunisian activists from lobbying the EU to be tougher on human rights issues. As a result, even with the new “three Ms” strategy, the EU and its member states suffer from a legacy credibility problem in the region and are often seen as former allies of repressive regimes.

The EU has continued to lack unity on the use of conditionality to enhance political and human rights reform.  Germany, Finland and the Netherlands have generally been more supportive of this reform, whereas Italy and Portugal are less keen on penalising countries for failing to introduce reform.  According to a survey of over 700 experts initiated by the European Commission, both the UfM and the EU have failed to deliver the expectations of key regional actors, 93% of those interviewed called on the EU to have a greater role in the region. The survey indicated that Turkey was perceived as the most active country in the region on the promotion of human rights, ahead of the US, followed by all EU countries combined.

In its near neighbourhood, the EU has had mixed levels of success in promoting freedom of expression. Enlargement continues to be the most effective tool at the EU’s disposal in incentivising countries to improve their domestic situation for freedom of expression. With enlargement slowing, this leverage may diminish and other levels have become important. Therefore, it is arguable that the Eastern Partnership and southern neighbourhood policy are test cases for how effective the EU can be beyond enlargement. Yet, with key regional actors in both the eastern and southern neighbourhoods all too aware of the EU’s failings, and with expectations high as to what the EU can achieve, ensuring these policies are strategic and sustained in their demands for freedom of expression is essential.

Five activists punished by their governments for speaking out

Activists are continually harassed and punished for standing up and speaking out about social and political issues they feel are unjust in their country. Here are five activists whose government didn’t quite like what they had to say.

 

raif-badawi

Raif Badawi- Saudi blogger punished after calling for ‘day of liberalism’

It would seem absurd to most people that “liking” a Facebook page could land you in jail. However, that was one of the crimes charged against Raif Badawi after he “liked” an Arab Christian page on the social networking site. The young co-founder of the Liberal Saudi Network, a website that has since been shut down, was arrested in June 2012 for “insulting Islam through electronic channels”, including insulting Islam and portraying disobedience.

In January, a court had refused to hear apostasy charges against Badawi, concluding that there was no case. Apostasy carries the death sentence in Saudi Arabia. He has since been sentenced to 600 lashes and seven years in jail.

Eskinder Nega- Ethiopian blogger

Eskinder Nega is a well-known name in Ethiopia whose journalism has been recognised by major organisations globally; he is currently serving 18 years in jail for supposedly violating the country’s anti-terrorism legislation.

Nega was arrested in September 2011 after publishing, somewhat ironically, an article criticising his government’s detainment of journalists as suspected terrorists, in particular the arrest of Ethiopian actor and government critic Debebe Eshetu . Along with 23 others, he was then convicted of having links with US-based opposition group Ginbot Seven, an organisation Ethiopia had recently added to its list of terrorists.

This is not the first time Nega has been imprisoned for speaking out in defense human rights. Meles Zenawi’s government  handed him a total of eight sentences over the past decade. He is also not the only journalist to face prosecution under the Ethiopian government. According to the Amnesty Annual Report 2013 a number of journalists and political opposition members were sentenced to lengthy prison terms on terrorism charges for calling for reform, criticizing the government, or for links with peaceful protest movements. Much of the evidence used against these individuals consisted of examples of them exercising their rights to freedom of expression and association.

Shi Tao- Stung by Yahoo in China

2013 was a good year for Shi Tao; the Chinese reporter was finally released after documents leaked by Yahoo to his government saw him spend the past eight and a half years behind bars.

Tao sent details of a government memo about restrictions on news coverage of the Tiananmen Square massacre anniversary to a human rights forum in the United States. He was subsequently arrested in 2004 and sentenced the following year charged with disclosing state secrets.

Reporters Without Borders said the branch of Yahoo in Hong Kong assisted the Chinese government in linking Shi Tao’s email account to the message containing the information he had sent abroad. Yahoo was heavily criticised at the time by human rights activists and U.S. legislators with Jerry Yang, co-founder of Yahoo, publicly apologising to Shi Tao’s family.

Tao was released 15 months before the end of us 10 year restriction. It is unclear why his early release occurred.

Ngo Hao- Vietnamese blogger

You’re never too old to go to prison as 65-year-old activist Ngo Hao found out after he was handed 15 year sentence earlier this year on charges of attempting to overthrow the Vietnamese government. Accused of writing and circulating false and defamatory information about his government and its leaders, Hao was arrested in February. Further accusations included a peaceful attempt to instil an Arab Spring-style revolution and of working with dissident group Bloc 8406.

Reporters Without Borders criticised Hao’s trial for a lack of his right to a fair defence and the unwillingness to allow any family members to attend the hearing asides from his son.

Just weeks before an appeal court in the south of the country also sentenced two bloggers, Nguyen Phuong Uyen and Dinh Nguyen Kha. This takes the estimated total of bloggers behind bars in Vietnam to 36.

Jabeur Mejri- Tunisian blogger seven and a half years for posting on Facebook

After the 2011 Arab Spring many Tunisian bloggers were able to express themselves freely; a stark contrast to the censorship, arrest and jail they had come to expect under the rule of former President Ben Ali. One such blogger was Jabeur Mejri who, in March 2012, posted a cartoon of the Prophet Mohamed on his Facebook page, a post that sentenced the blogger to over seven years in jail for “attacking sacred values through actions or words” and “undermining public morals”.

The rise of ‘opinion trials’ has become a concern to many with Mejri being the first person sent to jail under the procedure. Lina Ben Mhenni told Amnesty International: “You can go to jail for a word or an idea. ‘Opinion trials’ have become part of our daily lives. As in many other countries, Tunisia’s taboo topics are religion and politics. You can’t criticize the government in general or the Islamists in particular.”

Five artists attacked for their work in 2013

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Art is one of the most prominent forms of freedom of expression, allowing people to express their thoughts through song, dance, prose and theatre. It is not uncommon across the world for performers to be attacked as a form of censorship, ultimately silencing what they are trying to say.

Ala Yaacoub- Tunisian rapper, two years imprisonment

Tunisian rapper Weld El 15, real name Ala Yaacoub, was sentenced to two years in prison after posting a song online in which he insulted and threatened police.

Yaacoub, 25, told AFP that in the rap, entitled The Police are Dogs, he used the same terms that the police use to speak about the youth: “The police have to respect citizens if they want to be respected. I am afraid because in a country like Tunisia the law is not applied; you can expect anything.”

Some of those involved in the production of the music video for the rap, including director Mohamed Hedi Belgueyed and actress Sabrine Klibi, were handed suspended sentences of six months. Yaacoub was freed a month after his trial and given a suspended six-month term. 

Tunisia was the first country to be hit by the ‘Arab Spring’ after which a moderate Islamist-led government was elected after the overthrow of Zine al-Abidine Ben Ali. Since then there has been an increase in ultra-conservative Islamists, Salafists, who have been campaigning for greater public piety in Tunisia.

Aron Atabek – Kazakh poet, 18 years imprisonment

In 2007 Aron Atabek was sentenced to 18 years imprisonment following his involvement in a 2006 protest against an attempt by Kazakh authorities to flatten a shanty town; the protest ended in violent clashes and the death of a police officer.

Whilst in jail Atabek wrote poetry and prose relating to the clash which was later smuggled out of his prison and posted online. The authorities, not happy with this, sentenced Atabek to two years in solitary confinement, serving one year until November 2013. This type of punishment, in which he was watched under 24 hour video surveillance, was nothing new to the poet having spent two years in solitary confinement previously for refusing to wear a prison uniform. 

Since leaving solitary confinement and returning to his previous prison Atabek’s family are still yet to have any contact with him.

Malian musicians- 12,000 singers and musicians banned from working

Islamic militants first announced a ban on music in the north of Mail in 2012; since then the ban has spread to nearly two-thirds of the country, a country from which artists such as Ali Farka Touré, Rokia Traoré and Salif Keita have witnessed global success.

After armed militants sent out death threats nearly 12,000 musicians found themselves out of work, with some facing exile, as instruments were destroyed and live venues shut down. The 2013 Festival in the Desert, a world famous Malian music event, was moved to neighbouring Burkina Faso and then later postponed due to security risks.

Fadimata “Disco” Walet Oumar was forced to flee as the conflict in Mali developed: “Life without music is not possible … I would rather die than never be able to perform, create or listen to music again in my life.”

The state of emergency has been lifted in the country and the Islamists driven out of the north of the country by the help of the French. But refugees returning to the country don’t yet believe that Mali’s problems are over.

Tunisian actors

Nineteen actors in the Tunisian city of El Kef were attacked by Salafist Muslims only to be arrested themselves by police under claims of ‘indecency’.

Whilst performing at a small theatre, to help raise funds for another venue that had been burnt down in an arson attack, the group of actors were attacked by the militant group. The performance, entitled “Guetlouh” (They Killed Him), was a tribute to opposition politician Chokri Belaid, who was assassinated in February by suspected Salafists.

The charge for indecent behaviour carries a sentence of up to six months imprisonment in Tunisia.

Lena Hendry

‘No Fire Zone: The Killing Fields of Sri Lanka’ was shown on Channel 4 in 2012, drawing in more than double the viewers of a 11pm broadcast despite the graphic content it showed. The ITN team behind the documentary went on to be nominated for a Nobel Peace Prize.

Lena Hendry, on the other hand faces jail for organising a private screening of the documentary during a human rights event in Kuala Lumpur, Malaysia.

Hendry was charged on 19 September for her involvement in the screening of the documentary on 9 July 2013 under the Film Censorship Act 2002, in connection with the screening of a video which was not vetted and approved by the Film Censorship Board of Malaysia. If convicted she faces a fine of between $1,576 and $9,455, up to three years in jail or both.

The Magistrates’ Court scheduled a final procedural hearing for 17 March 2014, and set the trial dates for 31 March to 4 April 2014. Lena Hendry is bringing a High Court appeal challenging the charges.

Free expression in the news

#DONTSPYONME
Tell Europe’s leaders to stop mass surveillance #dontspyonme
Index on Censorship launches a petition calling on European Union Heads of Government to stop the US, UK and other governments from carrying out mass surveillance. We want to use public pressure to ensure Europe’s leaders put on the record their opposition to mass surveillance. They must place this issue firmly on the agenda for the next European Council Summit in October so action can be taken to stop this attack on the basic human right of free speech and privacy.
(Index on Censorship)

BAHRAIN
After Arresting and Disappearing of Two Journalists, ANHRI Demands Revealing their Fate
The Arabic Network for Human Rights Information (ANHRI), denounces the continuing harassments against the photographers and the journalists by the Bahraini authorities in addition to arresting them without clear reasons in addition to the denial of the authorities for its relation with some of the direct detention process, which arouse concerns related to the life of the detainees.
(ANHRI)

BRAZIL
Citizen journalists take on Brazil’s media
The Ninja media group want independent journalism and a revolution of Brazil’s media coverage. During the country’s recent unrest, the citizen journalists were hailed as an alternative to major media outlets.
(DW)

CHINA
Fear and Loathing at the China Daily
When Mitch Moxley arrived in Beijing in 2007 to work for China’s largest English-language daily, he discovered life in the Chinese media could be very strange indeed.
(The Atlantic)

IRAN
Hassan Rouhani raises Iranian hopes for free expression
During his inauguration address, Iran’s new president Hassan Rouhani promised peace and a push towards a more open dialogue with the West. Although it is far too soon to gauge whether his promises will transform into policies as he pushes against Iran’s convoluted theocracy, one thing is certain–Rouhani’s election has instilled a great feeling of hope among the Iranian people. Small Media reports
(Index on Censorship)

ITALY
Hundreds expected to protest anti-free speech ‘homophobia’ law in Rome, Paris
Up to 500 people are expected to hold a demonstration later tonight outside the Italian parliament to protest a bill that would criminalize homophobia and “transphobia,” something constitutional experts believe would shut down citizens’ right to free speech, especially for Christians.
(LifeSiteNews.com)

KENYA
Parliament Should Not Kill the Freedom of Expression
As Parliament passes the forthcoming media bill, it should remember Kenya and her development require more, not less freedom of the media.
(The Star via AllAfrica.com)

RUSSIA
Banned, unbanned – film debacle continues
“We have the greatest constitution on the planet,” tweeted a relieved Jahmil Qubeka after the Film and Publishing Board’s Appeal Tribunal unbanned his film Of Good Report over the weekend.
(Index on Censorship)

SOUTH AFRICA
Banned, unbanned – film debacle continues
“We have the greatest constitution on the planet,” tweeted a relieved Jahmil Qubeka after the Film and Publishing Board’s Appeal Tribunal unbanned his film Of Good Report over the weekend.
(Grocott’s Mail)

The futility of online censorship
Local legislators should not follow the UK prime minister’s ill-advised plan, says Andrew Verrijdt.
(TechCentral)

TUNISIA
How Censorship Stifled Us In Tunisia
During the era of former Tunisian President Ben Ali, book-shoppers were banned from buying books that have anything to do with politics. Being exposed to such books would allow both intellectuals and common people to better understand the nature of political life in Tunisia and ultimately realize that Tunisians are indeed living under the shadows of dictatorship.
(The Tunis Times)

TURKEY
Turkey sentences nearly 300 for “plotting coup”
A Turkish court on Monday sentenced a former military commander to life in prison and dozens of others including opposition members of parliament to long terms for plotting against the government, in a case that has exposed deep divisions in the country.
(Al-Akhbar)

UNITED ARAB EMIRATES
Journalist Held Incommunicado, Netizens Arrested, Censorship
Reporters Without Borders condemns Egyptian journalist Anas Fouda’s detention by the authorities in the United Arab Emirates for the past month. Based for many years in the UAE, Fouda has been held incommunicado ever since his arrest on 3 July.
(RSF via AllAfrica.com)

UNITED STATES
Children given lifelong ban on talking about fracking
Two Pennsylvanian children will live their lives under a gag order imposed under a $750,000 settlement
(The Guardian)

Judge Says No Speech Protection Applied To Whistleblower Cop
A Federal Judge last week dismissed a lawsuit by an NYPD officer who said he was punished when he complained about quotas in his precinct, ruling that constitutional protections on free speech do not apply because the officer was speaking as a member of the Police Department and not as a private citizen.
(The Chief)


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