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A leading Palestinian human rights activist has claimed that freedom of speech is far greater under the Hamas regime in Gaza than in the Fatah-controlled West Bank.
Khalil Abu Shamala, director of the al-Dameer Centre For Human Rights – which works in both Gaza and the West Bank – said that although there were still occasional arrests of Fatah members, “nowadays we don’t document many violations”.
He noted that this was partly down to Hamas’s weakness in the face of international pressures, particularly the breakdown of relations with the Egyptian regime.
In the past, Hamas has made large-scale arrests of journalists and called many others in for questioning, with opposition activists and bloggers facing harassment.
But although abuses still occurred in Gaza, Abu Shamala said that government forces in the Palestinian Authority–controlled West Bank took much harsher action against critics.
“Freedom of expression in Gaza is better than in the West Bank,” he told Index on Censorship. “We have many cases where the PA arrest and attack people because they criticize them on Facebook, and many Facebookers in the West Bank use alternative names, not their real names. But here, they speak without any harassment by Hamas.”
A rift between Hamas and Fatah, which culminated in the Islamist group seizing power in the Strip in 2007, has led to the creation of two near-separate entities in Gaza and the West Bank. Hamas refuses to recognise the Jewish state and is under an embargo by Israel and the international community.
“I don’t know why, but in the West Bank, Palestinian Authority security systems have cooperation and coordination with Israel – and they don’t want to give the opportunity for a third intifada, and they don’t want to allow Hamas or those who are against the Palestinian Authority [to speak out] because they know many of the Palestinians in the West Bank hate the Palestinian Authority,” Abu Shammala continued.
Hamas has previously issued proceedings against Abu Shamala for his outspoken criticism of the Islamist group.
“After they took over Gaza, they wanted from the beginning to impose their Islamic agenda on the society,” he said, adding that his organisations and others had tried to combat these efforts.
The Hamas deputy foreign minister, Ghazi Hamed, denies that his government took any action to silence their critics.
“We are not oppressing people and people can speak loudly, can criticise the government, can criticise Hamas,” said Hamed. “We never put anyone in jail who criticizes Hamas or write something against Hamas. We have different organisations, political parties, even writers, they have full freedom to write what they want.”
It’s coming up to the seventh anniversary of the death of Hrant Dink. Just today, two people have been arrested in connection with his assassination.
Dink, a Turkish-Armenian journalist, understood censorship and free speech more than most. In Turkey, the Armenian genocide of the early 20th century remains taboo, and discussion of it can result in charges under the infamous article 301 of the country’s criminal code – the crime of “insulting Turkishness”.
Recognition of the genocide is an important part of Armenian identity, and many Armenians in the the country itself, Turkey, and the wider diaspora were pleased when, in 2006, French politicians proposed a law making denial of the Armenian genocide illegal. But Dink, understanding that censorious laws hurt everyone, dissented, saying:
“As you know, I have been tried in Turkey for saying the Armenian genocide exists, and I have talked about how wrong this is. But at the same time, I cannot accept that in France you could possibly now be tried for denying the Armenian genocide. If this bill becomes law, I will be among the first to head for France and break the law. Then we can watch both the Turkish Republic and the French government race against each other to condemn me. We can watch to see which will throw me into jail first”
Dink was assassinated, and the bill was blocked, though it reared its head again in 2012, only to be deemed unconstitutional.
One wonders what Dink would have made of president Francois Hollande’s bid to ban public performances by comic and political activist Dieudonne, inventor of the “qeunelle” gesture – an inverted Nazi salute dressed up as an “anti-establishment” gesture. Dieudonne, who ran on an “anti-Zionist” platform in the last election, says there is nothing anti-Semitic about the quenelle, a claim undermined by the spread of pictures of smirking fans quenelling near synagogues, holocaust memorials and even outside the Marseilles Jewish school where three children and a religion teacher were shot down in cold blood in 2012.
It’s important to be clear on this: the quenelle is an anti-Semitic gesture. Dieudonne’s defenders, such illustrious figures as Diane Johnstone and Alain Soral (what we might call the Counterpunch Left), will claim that it is not.
But that is because they are defending Dieudonne’s views, rather than Dieudonne’s right to free speech. It’s an important distinction. Too often, we either attempt to defend free speech by downplaying what’s actually being said (“it’s not that bad”), or claiming it’s something that it’s not (“this isn’t actually racist; it’s, er…”)
Similarly we attempt to justify shutting down free speech by saying something is not a matter of free speech, or worse, resorting to the fact of an existing law or prevalent social mores rather than making a moral argument (as Bernard-Henri Lévy did while discussing the Dieudonne case on theBBC’s Today programme).
A genuine defence of free speech demands that we look what’s happening directly in the eye.
The quenelle is anti-semitic. Dieudonne is anti-semitic. Dieudonne has a right to free speech.
Hrant Dink would have understood that.
The upcoming winter issue of Index on Censorship magazine includes a special report on religion and tolerance, with articles from around the world.
Writers include the Bishop of Bradford, Salil Tripathi, Samira Ahmed and Kaya Genc. There’s an interview with Gurpreet Kaur Bhatti ahead of the opening of her new play, and 10 years after Behzti; while cartoonist Martin Rowson writes and draws about how comedy and religious offence come into conflict. Natasha Joseph writes from South Africa on why some portraits of President Zuma made him see red. Alexander Verkhovsky discusses the new blasphemy law in Russia, and former BBC mobile editor Jason DaPonte discusses why computer games are not all bad.
As part of the special report, writer Brian Pellot goes online with the Mormons to see how they use technology to talk to the unconverted, and asks if online chats will replace missions. Germans have been outraged by the revelations about US and UK surveillance, now they have plans to do something different to put a stop to snooping in the future, Sally Gimson reports. From Brazil, Ronaldo Pelli looks at the reaction to people practising religions of African origin, and investigative writer and author of Fast Food Nation Eric Schlosser talks about the threats to investigative journalism now and in the future.
Also in this issue:
Padraig Reidy on flags, controversy and Northern Ireland
Xiao Shu on the Chinese crackdown on the New Citizens’ Movement
Kaya Genc on the rise of a new type of media in Turkey
(Image: Shutterstock)
Canadian journalists will face fines for commenting on the striking action of trade unionists under new legislation passed in the province of Alberta. As reported by Index on Censorship earlier this week Bill 45 and Bill 46 will see heavy sanctions placed on those who partake in illegal picketing or comment publicly on those doing so. Both bills passed through their third and final readings on Wednesday 4 December, in front of a full gallery of concerned members of the public
Journalists now face fines of $500 a day for any comments made regarding support for union strikes. Alongside this, Bill 45 also limits the discussion of striking action or threats to strike by civil servants, fining unions $1 million a day unless they are able to convince a court they were not responsible for or encouraging of the striking talk.
Don Braid said in the Calgary Herald this week: “It’s hard to imagine a more blatant violation of free speech, a right that always implies a certain social anarchy to function usefully. People are not allowed to break laws, but they are permitted, except in obvious cases of threatening harm, to talk about challenging, testing, pushing or even breaking them. The offence is in the breaking, not the talking. But not for Alberta’s public unions. Talking is now pretty much illegal.”
An earlier version of this article referred to Alberta as a state. It is a province.
This article was originally posted on 6 Dec 2013 at indexoncensorship.org