Free speech must apply to all — even those we find offensive

[vc_row][vc_column][vc_single_image image=”95179″ img_size=”full” alignment=”center”][vc_column_text]This column originally appeared in the Evening Standard.[/vc_column_text][vc_column_text]”Part of building an open, inclusive environment means fostering a culture in which those with alternative views…feel safe sharing their opinions.” Hear, hear. This is a view that so chimes with my beliefs as a free-speech campaigner that I could have written it myself. In fact, those are the words of Danielle Brown, Google’s vice-president of diversity, integrity and governance, in response to the furore over the so-called Google manifesto — the 10-page document in which Google software engineer James Damore outlined his views on why women don’t reach the top roles in certain jobs, arguing why the company’s diversity pushes were misplaced. Google so cherishes diversity it sacked a man for expressing an opinion it didn’t agree with… Spot a problem here?

In all the furore surrounding Damore’s memo, most of the focus has been on critiquing the views he expressed on the differences between men and women, but far less attention has been paid to the broader point he was trying to make: that unpopular views, views that did not accord with the mainstream ideology in the company, could not be expressed. And that this in turn could lead to a monotheistic culture that is not good for business.

“When it comes to diversity and inclusion, Google’s Left bias has created a politically correct monoculture that maintains its hold by shaming dissenters into silence,” Damore wrote. By sacking him, Google made Damore’s point for him.

Damore expressed a viewpoint that did not accord with the mainstream and he was sacked. I have read plenty of articles arguing he was dismissed not for expressing his opinion but because the expressing of that opinion made colleagues feel unsafe or uncomfortable (more on that later), or justifying the sacking because an employer has the right to discipline employees where their behaviour brings the company into disrepute. But actually, what those who defend Damore’s sacking are really doing is reinforcing something that is increasingly prevalent in our societies: a kind of liberal intolerance.

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Ideas are not challenged by silencing them.

[/vc_column_text][/vc_column_inner][/vc_row_inner][vc_column_text]I heard it a lot in the wake of the killings at French satirical magazine Charlie Hebdo: “I believe in free speech, but…” and after that “but” came all kinds of things that the supposed defenders of free speech were in favour of censoring because they felt such censorship would better protect marginalised communities. The argument seemed to be that by banning certain kinds of speech we would somehow miraculously eradicate the dangerous, insidious and hateful viewpoints that underlie it.

This “it is OK to censor certain opinions” line is one most clearly articulated in universities — something Damore alluded to in his own manifesto. Views that are considered offensive are dubbed harmful, and speakers are drummed off campus — in some cases physically. In one incident earlier this year, Dr Charles Murray — a political scientist labelled a “white nationalist” for his book linking race and intelligence — was attacked by students after he tried to give a talk at Middlebury College in Vermont.

Ideas are not challenged by silencing them. Indeed, the video of Murray being shouted down by a group of students denying his right to speak demonstrates how an event that could have been an opportune moment to challenge ideas with which the students disagreed simply became an exercise in controlling the narrative. Imagine if the opposite had happened. Imagine if a Black Lives Matter activist had been shut down on campus by a ranting white supremacist mob. There would have been an international uproar.

And that’s the point. Free speech — genuine free speech that tolerates the ideas we find most offensive — must apply equally. It must apply to the ideas we hate as much as to the ideas we champion. What protects Damore’s right to opine that women are “more co-operative and agreeable than men” (Seriously? Has Damore met any actual women?) is also what protects my right to say his views are a laughable load of bollocks. What gives my views the right to be protected and his not?

Those in favour of constraining what others say often do so in the belief that it’s easy to identify, and agree on, good and bad speech. But consider the example of Iranian political activist and human-rights campaigner Maryam Namazie who, in 2015, was repeatedly heckled at an event on blasphemy at Goldsmiths college by members of the Islamic Society and accused of Islamophobia. In one of the great ironies created by the growing “safe space” movement, in which offensive ideas are dubbed so harmful they must be silenced, the Feminist Society at Goldsmiths said it stood in solidarity with the Islamic Society.

This equation of offensive speech with harm lies at the heart of the Google manifesto row, and much of the de facto censorship in operation in companies, online and on campus. Focusing on speech as harm is an easy fix. Don’t like what someone says? Ban them and, lo, we will be safer. (Turkey’s President, Recep Tayyip Erdogan, is a current good example of this in practice but the UK government’s repeated attempts to deal with “extremist” speech also risk going down this road). This is an easy fix because dealing with the problems underlying the words are so much harder: discrimination based on race, gender, sexuality, religion.

But homing in on speech is a false and dangerous fix. Banning ideas does not make those ideas go away — all too often the banning of an idea gives it more attention — and silencing those with whom we disagree is not the way to the more tolerant and diverse society Google envisages. Far better to let our opponents speak and then challenge them, openly, vocally. And work harder to address the structural problems that persistently marginalise certain groups and so give them a greater voice.[/vc_column_text][/vc_column][/vc_row][vc_row][vc_column][vc_basic_grid post_type=”post” max_items=”12″ style=”load-more” items_per_page=”4″ element_width=”6″ grid_id=”vc_gid:1502698304215-3aa8abeb-3e1e-8″ taxonomies=”6323″][/vc_column][/vc_row]

Bahraini court postpones decision in case against Nabeel Rajab

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Nabeel Rajab

Bahraini human rights defender Nabeel Rajab (Photo: The Bahrain Institute for Rights and Democracy)

On 7 August, a Bahraini judge postponed a ruling until 11 September in one of the cases against human rights activist and president of the Bahrain Center for Human Rights Nabeel Rajab.

Rajab is facing trial for tweets and retweets about the war in Yemen in 2015, for which he is charged with “disseminating false rumours in time of war” (Article 133 of the Bahraini Criminal Code) and “insulting a neighboring country”  (Article 215 of the Bahraini Criminal Code), and for tweeting about torture in Jau prison, which resulted in a charge of “insulting a statutory body” (Article 216 of the Bahraini Criminal Code).

This case, one of four Rajab faces, began in April 2015. The trial has been postponed 14 times since and carries a sentence of up to 15 years. During the trial Rajab’s son, Adam Nabeel Rajab, tweeted that the state lacks evidence against him.

Rajab, who was an Index on Censorship Freedom of Expression Advocacy award-winner in 2012, has faced continuous persecution for his activism in Bahrain. He is currently also charged with “spreading false news and statements and malicious rumours that undermine the prestige of Bahrain and the brotherly countries of the GCC, and an attempt to endanger their relations” for a piece published in Le Monde, and “undermining the prestige of the state” for a piece he wrote in The New York Times about his detention. On 10 July, Rajab was sentenced to two years in prison for charges related to 2015 television interviews with Bahraini, Iranian and Lebanese networks which support the Bahraini opposition. Rajab was unable to appear in court due to his poor health last month, and was sentenced in his absence.  

Rajab marked one year in detention on 13 June, and for much of this time has been in solitary confinement and unsanitary conditions, which have contributed to his poor health and hospitalisation[/vc_column_text][/vc_column][/vc_row][vc_row][vc_column][vc_basic_grid post_type=”post” max_items=”12″ style=”load-more” items_per_page=”4″ element_width=”6″ grid_id=”vc_gid:1502191511509-ebf34e9e-b840-8″ taxonomies=”716″][/vc_column][/vc_row]

Taking out the trash: UK foreign office report heaps praise on Bahrain

[vc_row][vc_column][vc_column_text]1 March 2017: Boris Johnson, Secretary of State for Foreign Affairs of UK (Credit: Shutterstock)

Index on Censorship welcomes UK foreign secretary Boris Johnson’s interest in human rights. The UK Foreign and Commonwealth Office’s 2016 Annual Human Rights Report, released on Thursday 20 July, highlights the UK’s work to promote human rights around the world and sets out a list of 30 “Human Rights Priority Countries”, including Bahrain, Iran, Russia and Saudi Arabia. 

In the report preface, Johnson writes: “Human rights are not inimical to development and prosperity; the opposite is true. Freedom of speech, freedom of association, freedom to practice whatever religion you want and live your life as you please, provided you do no harm, are the essential features of a dynamic and open society.”

Index agrees wholeheartedly and acknowledges that the report features many valiant efforts, including, for the first time, a section dedicated to modern slavery – a top priority for the UK government.

But the report – issued on “take out the trash” day, the last of the parliamentary sessions before a seven-week recess – does not, as it claims, seem to aspire to the “passionate advocacy” of Charles James Fox, the British Whig statesman and anti-slavery campaigner.

Instead, Johnson offers a watered-down endorsement of human rights and his department’s understanding of advocacy is seriously flawed. To borrow the foreign secretary’s own words, this is “unthinkable for anyone inspired by the example of Charles James Fox”.

Take Bahrain, for example. While the report does go some way to criticising a handful of the country’s human rights violations, this is not done not in nearly strong enough terms, and you’d be forgiven for thinking these violations are blips in an otherwise rosy picture. This is, after all, a country which has only “restricted some civil liberties”.

“There was a mixed picture on human rights in Bahrain in 2016,” the discussion of the Persian Gulf kingdom begins. “Compared with the region, Bahrain remains progressive in women’s rights, political representation, labour rights, religious tolerance and institutional accountability.”

Firstly, this is a faulty comparison. Looking at the region as a whole serves only to make Bahrain look better than it actually is. Bahrain may have 15% representation of women in parliament, as the report highlights, but this cannot be described as progressive. As of 2014, the government of Saudi Arabia, not known for its feminism, was made up of 19.9% women. 

In April 2016, a royal decree that increased the rights of women in Bahrain only passed through parliament scrutiny on a technicality. In March of that year, Bahrain detained human rights activist and blogger Zainab al-Khawaja along with her one-year-old son. She was released in May but fled the country out of fear of re-arrest. 

While the report does go on to criticise the dissolving of the country’s main Shia opposition party, Al Wefaq, it remains a mystery why the report would first highlight political representation and religious tolerance as positives in Bahrain.

The country certainly does not have enough institutional accountability, and this is not something it should be commended on. 

Even the brief mention of Bahraini human rights activist Nabeel Rajab, sentenced to two-years in prison just for speaking to journalists 10 days before the government’s report was released, only refers to Index award-winner as having been arrested. The sheer scale of Rajab’s case is not accounted for. 

On 3 February a coalition of 21 groups and individuals, including Index on Censorship, urged Johnson to call for Rajab’s release. In the time since, the US state department has called for Rajab’s release and condemned his sentencing. The UK government so far has only “voiced its concern” in the weakest possible terms, and as yet has not acknowledged Rajab’s sentencing. 

When Theresa May became prime minister of the UK, Bahrain was one of the first countries she visited. As new documents reveal, UK contractors visited the country 28 times in 12 months amid Bahrain’s ongoing human rights crackdown. In all, “UK government contractors have spent more than 650 days in Bahrain training prison guards, including officers at the notorious Jau prison where death-row inmates are held and allegedly tortured,” the Middle East Eye reported earlier this month. 

The UK government appears to be in no position to heap praise on Bahrain for strengthening the rule of law, justice reform, its independent human rights institutions, prisoners’ rights and improvements at Jau.

Many more issues in the Annual Human Rights Report must be scrutinised when MPs return in September. If the Bahrain section is anything to go by, the report should be found to fall far short of being “passionate” about human rights.

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Türkiye: İnsan hakları  örgütleri, darbeye katılmakla suçlanan gazetecilerin davasını takip edecek

[vc_row][vc_column][vc_column_text]19 Haziran’da aralarında gazetecilerin de olduğu 17 sanığın yargılandığı davanın ilk duruşması görülecek. Sanıklar arasında önde gelen yazar ve siyasi yorumculardan Ahmet Altan, Mehmet Altan ve Nazlı Ilıcak da var. Dava, geçen yıl gerçekleşen başarısız darbe girişimine katılmış olmakla suçlanan gazetecilerin yargılandığı davalardan ilki ve mahkemelerin Olağanüstü Hal ortamında ifade özgürlüğü ve adil yargılanma hakkı ile ilgili sayısız davaya nasıl yaklaşacaklarına ışık tutabilir.

Sanıklarla ve Türkiye’deki basın özgürlüğüyle dayanışmayı göstermek için, ARTICLE 19, Uluslararası Af Örgütü, Index on Censorship, Norveç PEN ve Uluslararası PEN temsilcileri duruşmaya gözlemci olarak katılıyor olacak. İngiltere ve Galler Barosu İnsan Hakları Komitesi ve Uluslararası Kıdemli Avukatlar Projesi de duruşmaya gözlemci gönderecekler.

Sanıklara yönelik suçlamalar, Cumhurbaşkanı Erdoğan ve Türk hükümetinin “suçtan zarar görenler” olarak nitelendirildiği 247 sayfalık iddianamede yer alıyor. Sanıklar Ahmet Altan, Mehmet Altan ve Nazlı Ilıcak “Türkiye Büyük Millet Meclisini ortadan kaldırmaya teşebbüs”, “Türkiye Cumhuriyeti Hükümetini ortadan kaldırmaya teşebbüs”, “Anayasal düzeni ortadan kaldırmaya teşebbüs” ve “Silahlı bir terör örgütüne üye olmamakla birlikte örgüt adına suç işlemek” suçlamalarıyla yargılanıyor. Geri kalan sanıklar ayrıca, Türk hükümetinin darbe girişimini düzenlediğini iddia ettiği Gülen hareketine atıfla “terör örgütü üyeliği” ile suçlanıyor.

Davalıların çoğunluğu ya ülke dışında sürgünde ya da neredeyse 10 aydır tutuklu olarak yargılanıyor.  Avrupa İnsan Hakları Mahkemesi 14 Haziran’da, Altanlar ve Nazlı Ilıcak’ın da aralarında bulunduğu tutuklu yedi gazetecinin haklarının uzun süreli tutuklulukları nedeniyle ihlal edilip edilmediğini belirlemek amacıyla bir dizi sorunun yanıtını talep eden bir dilekçeyi Türkiye yetkililerine iletti.

Bu davanın siyasi amaçlı olduğuna inanıyoruz ve yetkilileri, uluslararası yasalar altında açık bir şekilde suç teşkil eden fiillerin kanıtını sunmadıkları takdirde tüm suçlamaları düşürmeye ve tutuklu sanıkları derhal ve koşulsuz olarak serbest bırakmaya çağırıyoruz.

ARTICLE 19, savunma avukatlarının talebi üzerine Altan kardeşlere yönelik suçlamaları inceleyen bir uzman görüşü hazırladı ve bunu da duruşmada mahkemeye sunacak. Görüş, Altanlara atfedilen suçlamaların, ifade özgürlüğü hakkının yasal olmayan bir şekilde kısıtlanması anlamına geldiğini savunuyor.

Türkiye’de ifade özgürlüğü hakkında daha ayrıntılı bilgi için, lütfen Mayıs 2017’de BM İnsan Hakları Konseyi’ne sunulan ortak bildiriye bakınız.

 

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