10 Mar 23 | Hungary, Israel, News and features, Poland, United Kingdom, United States
When the most distinguished former chair of Israel’s Supreme Court, the 86-year-old Holocaust survivor Aharon Barak, said that he would go before a “firing squad” if it would help prevent what he sees as an existential threat to his country’s democracy, it’s a safe bet he was talking about something momentous.
Barak’s January denunciation of the attempt by Benjamin Netanyahu’s new government to neuter the Court was just part of what has brought many tens of thousands of Israeli citizens out in unprecedented protests across the country. An impressive array of judicial, political, ex-military and intelligence leaders have warned that Netanyahu’s programme is leading Israel on a path akin to that of authoritarian governments like Hungary and Poland at best, and dictatorship and “fascism” at worst.
The coalition formed on 29 December is easily the most right wing in Israel’s history and includes in key Cabinet posts two religious and avowedly extreme and anti-Arab supremacists, Bezalal Smotrich and Itamar Ben Gvir, both determined that Israel should annex the occupied West Bank. Their appointment adds a volatile new element to a conflict in which 14 Israelis and 70 Palestinians have been killed this year alone.
But it is the “reforms” to the Supreme Court drawn up by Netanyahu’s justice minister Yariv Levin which, opposed by an Israeli majority in opinion polls, have unleashed a wave of outrage on the streets. These include clauses heavily curbing judicial review, removing the criterion of “reasonableness” by which it can judge government decisions, for appointments of the Court to fall under the direct control of the government, and for judgements ruling that a government decision in unlawful or conflicts with semi-constitutional Basic Laws to be overruled by a simple majority in the Knesset (parliament).
The Court is hardly the “overmighty” bastion of liberalism depicted by its critics. Last year, for example, it approved the planned eviction of 1000 southern West Bank Palestinians from their homes purportedly to make way for an Israeli military firing zone. But it remains the last hope for individuals, Jewish or Arab, fighting against unjust decisions, whether legal or administrative. What’s more in Israel’s single parliamentary chamber system the Court is the only check and balance on the executive and the Knesset majority it invariably commands.
The changes to the Court should not be seen in isolation from other measures planned or already in various stages of enactment or proposal. These include allowing the death penalty – unused since the Nazi war criminal Adolf Eichmann’s execution in 1962 – for Palestinian terrorists, and the power to deprive Arab—though not Jewish—terrorists of residency as well as citizenship. Fears of secular Israelis have been fuelled by calls from ultra-orthodox parties for an end to the ban on segregation of men and women at publicly funded events, while Smotrich has even called for the banning of Arab political parties, representing nearly 20% of the Israeli population. Already under way is a bill to curb the law officers’ power to declare the prime minister unfit to rule. Many Israelis also see the wider judicial reforms partly as an attempt by Netanyahu to escape the possible consequences of his ongoing trial on three corruption charges.
The Netanyahu coalition agreement provides for prohibitively high taxation of Israeli civil-society organisations, several defending Palestinian human rights, which draw funding from mainly European governments, including Britain’s. The measure will not mostly apply to the many right-wing, pro-government advocacy groups because they are mainly funded by rich individuals, especially in the USA.
There has not yet been any legislative attack on Israel’s still fairly vibrant press, albeit in a market dominated by the pro-Netanyahu freesheet Israel Hayom. But writing after the election last October Aluf Benn, editor of the liberal newspaper Haaretz, pointed out that existing legislation for ordering a state of emergency lays down powers for a press clampdown, and suggested that Netanyahu, Smotrich and Ben Gvir wanted a state “in which criticising the government or replacing it will only be a pipe dream.”
In a sense, however, the changes to the Supreme Court are the programme’s hinge, by severely weakening its right to strike down any of these or other measures because, say, they do not conform with the 1992 Basic Law on Human Dignity and Liberty. Indeed if so far vain attempts by Israel’s President Isaac Herzog fail to secure a compromise on the changes, and the government passes the Court legislation by the end of March as it intends, a major stand-off between it and the Court is in prospect, leaving much of Israel—perhaps even including senior Army figures—having to choose between its recognition of an elected government and its respect for the law as it has prevailed since the state’s foundation 75 years ago.
02 Mar 23 | Afghanistan, Burma, China, Hungary, News and features, Poland, Russia, United Kingdom, United States
Academic freedom is under attack. Photo: Edwin Andrade
Students should be encouraged to challenge ideas and question the world around them. Higher education is meant to teach us how to think freely, and for ourselves. Unsettling new data published by the Academic Freedom Index proves that this freedom is under threat. The report finds that academic freedom is in decline for over 50 percent of the world’s population and that many people on campuses worldwide have significantly less freedom today than they did ten years ago. In the past decade, academic freedom has improved in only a handful of countries, affecting just 0.7% of the world’s population. The most populous of these countries is Uzbekistan, a closed autocracy in which universities and scholars still face severe limitations, such as the government’s control over contacts between universities or scholars and foreign entities.
AFI’s data signals a decline across all regions and all region types. Our own ranking, the recently published Index Index, a project that uses innovative machine learning techniques to map the free expression landscape across the globe, shows just how this plays out on a country-by-country basis. Some obvious patterns can be drawn. Dwindling academic freedom clearly correlates to the deterioration of democracy in countries such as Poland, Hungary, Russia and Belarus. Political developments, including military coups in countries such as Myanmar and Afghanistan, have coincided with severe declines in academic freedom. In December 2022, the latter saw a ban by the Taliban on women and girls attending universities, a ruling that illustrates how academic freedom extends beyond what is taught on campuses and delineates one’s freedom to simply exist within academic spaces.
That said, the data shows that declines in academic freedom worldwide have occurred in different political settings and do not always follow the same pattern. Liberal democracies such as the United States of America and the United Kingdom are among the countries under which freedom is proven to be under threat. The AFI attributes this to ‘differences between individual and institutional dimensions of academic freedom’. This demarcates the difference between the freedom of an individual to teach, research and communicate freely and an institution’s autonomy and freedom to operate without government regulation. The AFI report gives a number of examples showing how disaggregation has occurred.
China, for instance, has witnessed a decrease in institutional academic freedom since 2010, when the State Council launched a ten-year strategy for education reform. Chinese universities have since remained in a subordinate position to the party-state, with universities that maintain leadership and management systems controlled by the university’s party committee. The party sets the boundaries of permissible research, exchange, and academics’ public speech. This system facilitated a serious decline in the freedoms enjoyed by academics under President Xi Jinping who has consolidated and centralised power, reestablished the party’s control over information, education and media, and made censorship in China a fact of life. Moreover, the draconian National Security Law enacted in Beijing in 2020 has exacerbated pressure on academic freedom.
The United States, however, presents an altogether different picture. Despite being lauded as a bastion of free expression, the US has seen a visible decline in academic freedom since 2021. This is because educational matters in the USA are largely regulated by individual states, which have increasingly used their authority to interfere in academic affairs. Several Republican-led states have adopted bills that ban the teaching of concepts related to “critical race theory” in universities. Conservative groups have lobbied state legislatures in attempts to withdraw funding from subjects such as gender, minority studies, and environmental science. Some institutions have introduced self-censoring measures following abortion bans to avoid persecution by state governments. In September 2022, Idaho’s flagship university curtailed individual academic freedom by blocking staff from discussing abortion or emergency contraception on campus.
Mexico’s government, led by Andrés Manuel López Obrador, has weakened institutional autonomy by regularly appointing university directors, often resulting in student protests. Attacks on (predominantly female) students, protests against these harassments, and a drug war fought on university campuses has also fuelled a decline in campus integrity, university safety and academic freedom.
The underwhelming glimpse of hope that emerges from this year’s findings (compared with 2022) is that the number of countries with improvements in academic freedom grew from two to five. Overall, the data signals a shift toward a less free world, in a worse state than it was 10 years ago. It’s a tough pill to swallow.
06 May 22 | Hungary, Opinion, Poland, Ruth's blog, United Kingdom, United States
Prime Minister Boris Johnson samples an Isle of Harris gin. Photo: Justin Tallis/PA Wire/PA Images
This week was election week in the UK and, as a former parliamentarian, you’d expect me to be writing about the joy of being able to express ourselves at the ballot box and the vital importance of democratic values when they seem so under attack at the moment in too many places to mention.
I love elections, I love the debate, I love speaking to people on their doorsteps and there is nothing like a successful election count for your party. I cherish the fact that I am lucky enough to live in a democracy, that typically my human rights are protected because my fellow citizens also believe that democracy is something to be protected. But voting is a means to an end – it allows us all to hold our politicians to account and to ensure that our core values are reflected in our government. This only works if you believe that your democratically elected government is going to stick to the rules and it’s that that I have been reflecting on for the last couple of weeks.
There are some conversations that keep coming back to you. That spark debate and lead you to question the status quo. Last month, I had a series of meetings where there was a recurring theme that did just that.
International norms and the rule of law, which underpin both our democratic states and our world order, are only relevant if state actors recognise them and that culturally we all acknowledge their necessity.
The moral authority of democratic countries is dependent on how they choose to apply the rule of law – both domestically and internationally. On whether they are prepared to defend core democratic values, even when inconvenient, on a national and international stage. It’s the application of these norms and rules which empower democratic states to challenge others when they break them. And the recurring message from my meetings was that there was no longer an acceptance that democratic states were prepared to uphold the rule of law – if it didn’t suit them. And therefore, we are losing our moral authority to intervene when others break the law.
Poland is being fined one million euros a day by the European Court of Justice for undermining its domestic judiciary. Rather than comply with the ruling, Poland has been happy to let the fine mount up – a proportion of its EU finding withheld to pay for it.
The European Commission is also cutting funding to Hungary for eroding legal standards in the EU.
The British Prime Minister has been fined for breaching his own Covid-19 regulations and, pre-pandemic, was found to have unlawfully suspended Parliament.
In the US we saw incitement by leading politicians to undermine a smooth transition of power after the last presidential election.
This would be dangerous at any time, but right now when Russia and China are both attempting to leverage their power and influence, invade and threaten their neighbours we have never needed to uphold our international norms more.
The leaders of our democratic nation states speak with a level of moral authority on a global stage because their voice is our voice, because they are seen to uphold our core values – and they can therefore challenge other world leaders when they cross the line. If our current global order is to survive it’s therefore imperative that our leaders uphold the law – whether it suits them or not.
The rule of law is the basis of the campaigns that Index runs. Our work is framed by Article 10 of the European Convention on Human Rights – that everyone has the right to freedom of expression. We demand that national states uphold the values espoused by the Universal Declaration of Human Rights. If our leaders aren’t upholding these values, then it’s not just their voices that are weakened but ours too.
My fear is that when international norms aren’t followed – when our leaders opt in and opt out of laws and norms they don’t like – then repressive regimes thrive and their citizens are the ones that suffer.
So, this is really a plea to all of us who are lucky enough to live in democratic societies – hold your leaders to account and make sure that they comply with the law – so that we all have the moral authority to hold the tyrants’ feet to the fire.
01 Apr 22 | Hungary, News and features, Uncategorized
LGBTQI rights. Gender equality. Media freedom. The fate of liberties in Hungary hang in the balance as the nation heads to the polls on Sunday. With a falling currency, a mismanaged response to the pandemic still fresh to mind and a stronger opposition under United For Hungary – a coalition of six parties spanning the political spectrum – the election campaign has been the closest in years. But the war in Ukraine, right on Hungary’s border, has changed its course in unexpected ways. Below we’ve picked the most important things to consider when it comes to the April 2022 elections.
Basic rights could worsen
Since his election in 2010, Hungarian Prime Minister Viktor Orban has whittled away fundamental rights in the country to the extent that Hungarian activist Dora Papp told Index in 2019 free expression had no more space “to worsen”.
Orban’s main targets have been people who identify as LGBTQI. Last year, amid global outcry, he passed a law that bans the dissemination of content in schools deemed to promote homosexuality and gender change. Seeking approval for this legislation, Hungary is holding a referendum on sexual orientation workshops in schools this Sunday alongside the parliamentary elections.
Orban also takes aim at the nation’s Roma and immigrants, and has revived old anti-Semitic tropes in his attacks on George Soros, a Hungarian-born Jewish philanthropist who Orban claims is plotting to flood the country with migrants (an accusation Soros firmly denies).
As for half of the population, Orban’s macho-style leadership manifests in rhetoric on women that is dismissive, insulting and focuses on traditional roles. Asked in 2015 why there were no women in his cabinet, he replied that few women could deal with the stress of politics. That’s just one example. The list goes on.
His populist politics have seeped into every democratic institution and effectively dismantled them. The constitution, the judiciary and municipal councils have all been reorganised to serve the interests of Orban. Education, both higher and lower, has seen huge levels of interference. Progressive teachers and classes have been removed. Even the Billy Elliot musical was cancelled after Orban called the show a propaganda tool for homosexuality.
But the media can’t freely report much of this
In response to claims of media-freedom erosion, the Hungarian government likes to point out that there are no journalists in jail in Hungary, nor have any been murdered on Orban’s watch. But as we know only too well there are many ways to cook an egg. Through gaining control of public media, concentrating private media in the hands of Orban allies and creating a hostile environment for the remaining independent media (think misinformation laws and constant insults), the attacks come from every other angle. Orban has even been accused of using Pegasus, the invasive spyware behind the murder of Saudi journalist Jamal Kashoggi, to target investigative journalists.
It’s little wonder then that in 2021 Reporters Without Borders labelled Orban a “press freedom predator”, the only one to make the list from the EU.
As election day approaches the attacks continue. In February, for example, pro-government daily Magyar Nemzet said it had obtained recordings showing that NGOs linked to Soros were “manipulating” international press coverage of Hungary, a claim instantly rejected by civil society groups.
Ukraine War has shifted the narrative, for better and worse
Given Orban’s track-record on rights, it comes as no surprise that he’s the closest EU ally of Vladimir Putin. This wasn’t a great look before 24 February and it’s even less so today, as the opposition are keen to highlight. They are pushing Orban hard on his neutral stance, which has seen him simultaneously open Hungary’s borders to Ukrainian refugees and oppose sanctions and the sending of weapons.
But Orban is playing his hand well. Fears of becoming embroiled in the war appear to be stronger in Hungary than anger at Putin’s aggression, many analysts says. Orban is claiming a vote for him is a vote for stability and neutrality, while a vote for the opposition is a vote for war. He’s even tried to cast his February visit to Moscow as a “peace mission”.
And though he has condemned the invasion, he has yet to say anything bad about Putin himself. Worse still, Hungarian media is blasting out Russian propaganda. Pundits, TV stations and print outlets are pushing out lines like the war was caused by NATO’s aggressive acts toward Russia, Russian troops have occupied Ukraine’s nuclear plants to protect them and the Ukrainian government is full of Nazis.
Anything else?
Yes. Orban met with a coalition of Europe’s far-right in Spain at the start of the year. They discussed the possibility of a Europe-wide alliance. What that looks like now in a post-Ukraine world is hard to tell. We’d rather not see.
Then there’s the fact that Serbia also goes to the polls Sunday. Like Orban, the ruling Serbian Progressive Party (SNS), led by president Aleksandar Vučić, has been unnerved by growing opposition. Also like Orban, they’re close to Putin and using the Ukraine war to their advantage – reminding people of the 1999 Kosovo war when NATO launched a three-month air strike. Orban and Vučić have developed close ties and will no doubt be buoyed up by each other’s victories should that happen on Sunday.
So will the Hungary elections be free and fair?
If the 2018 elections are anything to go by, they will be “free but not fair”, the conclusion of the Organisation for Security and Co-operation in Europe (OSCE), who partially monitored the 2018 election process. That’s the optimistic take. Others are fearful they will be neither free nor fair, so much so that a grassroots civic initiative called 20K22 has recruited more than 20,000 ballot counters – two for each of Hungary’s voting precincts – to be stationed at polling centres on election day with the aim of stopping any voting irregularities.
News from yesterday isn’t confidence-boosting either. Hungarian election officials reported a suspected case of voter fraud to the police. Bags full of completed ballots were found at a rubbish dump in north-western Romania, home to a large Hungarian minority who have the right to vote in Hungary’s elections. Images and videos shared by the opposition featured partially burnt ballots marked to support them. As of writing, no details have been provided of the actual perpetrators and their motives, and Orban has been quick to accuse the opposition of being behind the incident. Either way, it leaves a bad taste in the mouth.
