Forced evictions of India’s marginalised Dalit community in Delhi have been carried out by the country’s government
All over the world today, both in developing and developed states, liberal democracies and less free societies, there are groups who struggle to gain full access to freedom of expression for a wide range of reasons including poverty, discrimination and cultural pressures. While attention is often, rightly, focused on the damaging impact discrimination or poverty can have on people’s lives, the impact such problems have on free expression is rarely addressed.
We are not talking about obvious examples of challenges to freedom of expression where repressive regimes attempt to block, limit and inhibit across a population as a whole. Rather we are looking at cases where in both more and less free societies particular groups face greater barriers to free expression than the wider population. Such groups can often be denied an equal voice, and active and meaningful participation in political processes and wider society. Poverty, discrimination, legal barriers, cultural restrictions, religious customs and other barriers can directly or indirectly block the voices of the already marginalised.
Why is access to freedom of expression important? Freedom of expression is a fundamental human right. It also underpins most other rights and allows them to flourish. The right to speak your mind freely on important issues in society, access information and hold the powers that be to account, plays a vital role in the healthy development process of any society.
The lack of access to freedom of expression is a problem that particularly affects the already marginalised — that is, minorities facing discrimination both in developed and developing countries, from LGBT people in African countries, to disabled people in Western Europe. While the scale of their struggles varies greatly, the principle is the same: within the context of their society, these groups face greater barriers to freedom of expression than the majority. If they are unable to communicate their ideas, views, worries and needs effectively, means they are often excluded from meaningful participation in society, and from the opportunity to better their own circumstances. In other words, discrimination is one of the core elements of unequal access to freedom of expression.
Access to free expression is also vital as a development goal in its own right. The connection was perhaps most famously put forward by Amartya Sen in his widely cited book — Development as Freedom — where he argued that expansion of freedom is both the primary end and the principal means of development.
It is striking to note the way in which cultural and religious customs are sometimes used to clamp down on various minorities’ rights to expression and assembly in many countries around the world. Human Rights Watch’s latest world report states that “traditional values are often deployed as an excuse to undermine human rights.” One example of this is the caste system still in place in countries including India, Nepal and Pakistan. This is culturally-based discrimination on a major, systematic scale. A significant proportion of Dalits, (lower-caste people, or “untouchables”) are barred from participation in public life and have a limited say in policies that directly affect them. In May 2008, the Dalit community in the Nesda village in the state of Gujarat attempted to stage a protest after being excluded from the government’s development funds allocation, by refusing to fulfil their historic “caste duty” of disposing of dead animals. The dominant caste in the region promptly blocked the protest through a “social boycott”, forbidding any social or economic interaction between Dalits and non-Dalits. This is only one example of Dalit’s being barred from having a say in development matters directly relating to them. When they attempted to stage a peaceful protest, they were only further marginalised, and their weak economic, social and political position further cemented. It’s a vicious cycle.
Another major area where discrimination has a knock-on effect on freedom of expression, LGBT (lesbian, gay, bisexual, transgender) people’s rights across the globe. They are discriminated against for traditional, especially religious, reasons, with countries like Malaysia and Jamaica claiming that homosexuality is simply “not in our culture” when clamping down on LGBT civil rights. The right to express one’s sexuality is an aspect of the right to freedom of expression both in itself (as an expression of identity) but also because in countries where LGBT rights are not respected, the cultural expression of such rights is often also a political act. Cultural events organised by the LGBT community, such as Pride parades, find themselves banned from exercising their right to freedom of assembly and expression, which happened last October in Serbia and Moldova. LGBT-themed art is also often times censored. One example reported by Index took place in Uganda, where a play about a gay man was banned, and its British producer, David Cecil, jailed and later deported. Countries also adopt laws that ban or circumscribe the discussion of homosexualty. In Russia, the Duma recently voted in favor of a draft law to ban “homosexual propaganda”. The amendment, passed by an overwhelming majority, prohibits the “propaganda of homosexuality” (in a practical sense, the discussion of homosexually) to protect children. The bill would in effect seriously curtail the right to freedom of expression of LGBT people.
Full access to freedom of expression is difficult to achieve in the absence of universal education and literacy. Around the world, illiteracy and inadequate (or non-existent) education hits the poorest hardest — both because education is often private, and because in poor countries where it is provided by the state, the standard of education can be low. Women and girls in the developing world are the groups most affected by illiteracy. There are a number of factors contributing to this, including higher levels of poverty among women, with culture and tradition also playing a significant part. There are still a number of societies around the world where it simply is not accepted that girls should receive education at all, and certainly not higher education. While the gender gap in education has been decreasing over time, in 2009, there were still around 35 million girls out of primary education, compared to 31 million boys. Lack of education is still the single biggest contributing factor to high and persistent levels of illiteracy — making it the most basic barrier to freedom of expression. It stops people from effectively participating in society, as it hinders them from being able to read, write and share written information, and thus fully engage with a range of issues or debates. Women make up the majority (64 per cent) of the nearly 800 million illiterate people in the world today. UNHCHR resolution 2003/42 identified this as a contributing factor to constraints on women’s rights to freedom of expression.
As well as the impact of poverty, discrimination and religious and cultural factors, governments and local authorities often put in place more formal mechanisms which result in significant restrictions on access to freedom of expression for minority groups. This can come in the form of restrictions on minority languages, such as Kurdish in Turkey, or barriers to political participation, such as the Bosnian constitutional ban on Jews and Roma running for high office.
Refugees are among the hardest hit people in terms of facing significant and basic restrictions on freedom of expression. A report by the UN High Commissioner for Refugees on the political rights of refugees stated that they, “…like other aliens, are entitled to the same freedom of expression, association and assembly as citizens.” However, a 2005 report investigating the state of Italian immigration detention centres showed that those detained in Italy were given few opportunities for communication with the outside world. Similarly, allegations of arbitrary deprivation of liberty in Greek detention centres are to be examined by independent experts selected by the UN Human Rights Council later this year. These are only a few examples of fundamental barriers on refugees’ access to fully express themselves. This, of course, cannot be separated from the wider discrimination as outlined above. Refugees constitute a group which often face prejudice and racism. Research from Cardiff University has for instance shown that they do not have the platform to counter the overwhelmingly negative way in which they are portrayed in the UK media. Refugees have universal rights like all other people around the world — states must recognise this and must act to tackle discrimination in all forms.
The barriers to free expression discussed here show why exercising our right to free expression is not as simple as living in a democratic society that broadly respects rights. Barriers that block or inhibit access to freedom of expression exist all over the world, in various forms and to varying degrees. Through being denied a voice, these groups are being denied a fundamental right, are facing barriers to their active participation in society, and, in many cases, are facing additional limits on their ability and opportunity to play a part in improving their own lives. Tackling the barriers from poverty to discrimination to laws that limit access to freedom of expression is vital.
Brazil’s indigenous peoples are increasingly using the internet to fight for their rights, says Rafael Spuldar
Brazil’s indigenous population have gone online to campaign against social injustice in their community – Alberto Cesar Araujo/Demotix
Despite their poor economic and living conditions, Brazil’s indigenous peoples are increasingly using the internet to make their struggle for rights known to the world.
Historically, native Brazilians have been deprived of proper citizenship, first by slavery and the loss of their homeland in the 16th century and, after that, by prejudice, impoverishment, the loss of cultural traces and the disappearance of entire populations. But, the emergence of the internet has allowed Brazilian Indians access to a new era of free speech and civil activity.
One example of their fight to be heard is the campaign against the Draft Constitutional Amendment #215, currently being debated in the Chamber of Deputies. If the amendment passes, it would remove the Federal Government’s power to delimit indigenous lands and pass it to Congress.
Indigenous leaders fear this would strengthen landowners’ powers, who already have a strong lobbying position in Congress and would likely do their best to inhibit the creation of new reservations.
An online petition against the amendment has gathered more than 27,000 signatures.
Their cause also attracted huge support through social media late last year. Facebook users showed support to the Guarani and Kaiowá peoples by adding “Guarani-Kaiowá” to their profile name. The 45,000-strong group perpetually struggle to protect their ancestral province from land-grabbing farmers in the state of Mato Grosso do Sul.
In January 2013, however, Facebook ordered the additional names be removed, reminding users that they were forbidden from adopting fake names on their accounts.
Access to justice
Considered to be one of the main platforms for indigenous discussion, the Índios Online website is maintained by indian peoples from the states of Alagoas, Bahia, Roraima and Pernambuco.
Supported by the Ministry of Culture and Thydewá, an organisation protecting the rights of indigenous peoples, Índios Online allows “offline” Native Brazilians from all over the country to voice their needs and interact with other users.
According to the president of Thydewá, Sebastián Gerlic, those who feel their interests have been threatened by the website often approach the Justice system to censor its content — particularly regarding videos produced and uploaded by the indians.
Ingigenous Brazilian Potyra Tê Tupinambá ended up in court for her film documenting land reposession in an indigenous reservation in the northeastern state of Bahia. The ongoing lawsuit was taken out by a land owner interviewed on camera. It was a testimony, according to Gerlic, given spontaneously and with no animosity.
“The farmer accused Potyra of transmitting his image on the internet without his permission, and now he looks for reparation,” says the president of Thydewá, who took reponsibility for the director’s legal defence.
The internet was also a strong ally in the indigenous peoples’ struggle against the looting of the natural resources on their reservations. In mid-2011, the Ashaninka people used a solar-powered computer to denounce the invasion of their land by Peruvian woodcutters. This information was passed to authorities in federal capital Brasília, who sent a task force formed by the Federal Police and the Brazilian Army to arrest the invaders.
The Ashaninkas also addressed chief justice of the Supreme Court Joaquim Barbosa in an online petition, urging the Supreme Court to address the problem of tree cutting in their native territory. They demanded financial reparation for the lumbering activities that could reach 15,000,000 BRL (around 30,000,000 USD).
Limited access
Indians usually access the internet through centres maintained by Funai, Brazil’s National Indian Foundation or in LAN (local area network) houses, schools or in private homes. Funai does not have any digital inclusion programme specifically for the indigenous peoples – this responsibility goes to the Ministry of Culture. Through its programme called “Points of Culture”, the Ministry invested more than 1,300,000 BRL (about £447,000) on installing internet connections inside the Indian communities.
Despite public investments, online access has grown far less in indigenous communities than in poorer urban areas. According to a survey led by Rio de Janeiro State’s Secretary of Culture, in partnership with NGO Observatório das Favelas (“Slum Observatory”), 9 out of 10 people living in low-income areas in Rio have internet access.
Brazil has a population of 896,917 indigenous people divided in 230 different ethnic groups, according to the last Brazilian Census from 2010. This represents around 0.47 per cent of the country’s population.
Amongst this populus, access to employment is a problem. According to the last Census, 83 per cent of adult Brazilian indians earn no more than minimum wage (678 BRL a month, about £233) and 52.9 per cent of them don’t have any income at all.
According to the Indigenous Missionary Counsel, an organisation aiding native Brazilian peoples, at least 200 indians have been killed in Brazil in the last decade, mainly because of land disputes.
Since the internet was introduced in 1995 in India’s major cities of Delhi, Mumbai, Chennai and Kolkatta, it has steadly grown in urban areas. By 1998, India has its first Internet Service Provider, Sify (later sold for $155 million). By 2001, India has its first crime branch. By 2005, the country had over 200,000 internet cafes. Facebook arrived in 2006, and in 2009, the government drafted policy on Indian language internet domain names.
As individuals in cities stock up on phones, laptops and tablets, accessing free wifi at more and more public places, the question of digital access in rural India still remains. Over the last decade, The National e-Governance Plan sought to bridge this gap by establishing a Common Service Center in each village. A CSC, as it is known, is a public-private partnership and operates as a one-stop hub for online government services (e-delivery) such as payment of certain utility bills, birth and death certificates, university exam results and such.
However, the overall experiment has revealed that the CSCs do not function equally. People do not need to use these government facilities more than once a month (if that), so unless the private entrepreneur is savvy enough to generate other income from the hub, it is not profitable to run. As well as this, irregular electricity supplies often restrict the timings of the CSC. And finally, while a public office with computers serves some purpose, it cannot substitute having personal connections in people’s homes.
This is why the government of India proposed a National Broadband Network, which will essentially lay out a fibre-optic cable across the country to achieve last mile connectivity. The idea behind this is simply that the network, like roads, will be provided by the government to then encourage private operations to start services those previously untouched areas. The government has committed about $4 billion to build the network that is projected to connect 250,000 village headquarters. One can only hope that it does not become mired in allegations of corruption, like so many other government projects in India.
— Of the 937.70 million telecom subscribers in India, 63.5 per cent are from urban areas
To understand India, you first need to look at some numbers. As of September 2012, the Telecom Regulatory Authority of India revealed that in a country of 1.24 billion people, there are a total of 937.70 million telecom subscribers, including both wireless and wireline. Of these, 595.69 million or 63.5 per cent are from urban areas, while the rest, 342.01 million or 36.47 per cent are from the rural areas. The overall teledensity of the country is 77.04 per cent, with urban pockets at a whopping 161.13 per cent compared to 40.36 per cent in rural areas. Finally, the total number of internet subscribers in India (excluding those who use it on their mobile phones) is 24.01 million, a 5.97 per cent jump from the previous quarter. Some studies put mobile 3G subscriptions at 30 million, as of late 2011.
The figures reveal two important details. The first is that while there are many subscribers for telecom, that does not translate to each citizen owning a phone. In fact, the discrepancy between urban and rural teledensity, compounded by the very low broadband penetration in the country all point to the woefully inadequate job by both government and markets to connect much of rural India.
The solution to digital constraints in rural India has been one of hits and misses in the recent past. In terms of policy, India’s objectives have remained to some degree, quite ambitious. The 2012 Telecom Policy aims to take rural teledensity to 60 per cent by 2017 and one hundred per cent by 2020. The methods, however, are being changed as we speak.
In 2002, the government had constituted a Universal Service Obligation Fund, with the overall intention of encouraging private telecom operators to service remote and less lucrative markets. It did not work, as many service operations opted to pay a penalty instead of rolling out service in commercially unviable regions. For example, villages in India can often have only 500 residents, or be so poor that companies cannot even be guaranteed a minimum number of subscribers to justify their spending on infrastructure. At the same time, the high volume of mobile phones and internet subscriptions in the urban areas suggest that the market has successfully serviced cities, but is not incentivised enough to reach the deepest pockets of India.
While the government will be watched closely to see if it can deliver the network infrastructure it has promised to rural India on time, another facet of an inclusive digital development needs to be kept in mind. Right now, the internet in India serves populations who can read and write in some of the dominant languages including English, Hindi and some prominent state languages. However, as homes in smaller corners of the country get connected, everything from keyboards to content will have to cater to local dialects.
At the same time, outside of big e-commerce portals, projects that serve the smallest customer will be the only way the internet becomes relevant and constructive to rural India. Else, it will solely become a vehicle to youtube videos, Bollywood and cricket updates and let’s face it, porn.
When the final tabulation is done, it seems the government of India has understood all too well that leaving last mile of internet connectivity to commercial companies is not a viable strategy. Another reason they are taking up the challenge with a degree of renewed vigor is that they have pinned high hopes on their ability to deliver government services and crucial information in a more efficient manner through the net. To that end, the information highway needs to be established, so that the distance between the digital haves and digital have-nots does not increase any further.
The recent $1 million TED prize-winning education researcher Dr Sugata Mitra’s ground-breaking project, Hole in the Wall, demonstrates that all that is really needed to spur learning is access to information. In this case, Dr Mitra left an internet connected PC in a hole in a wall, and left to their own devices, slum children quickly learned how to use the computer and go online. Imagine the possibilities if they can grow up as digital natives.
Egyptian Salafi preacher Ahmed Mahmoud Abdulla — known as Abou Islam — recently made remarks justifying sexual violence against female protesters in Cairo’s Tahrir Square, claiming that women who join protests are asking “to get raped”. The preacher, who owns private religious television channel Al-Ummah, has previously stirred controversy when he burnt a Bible outside the US Embassy in Cairo during last year’s protests over anti-Islam film the Innocence of Muslims.
In a video posted online last Wednesday, Abdulla said that women who join the protests are “either crusaders who have no shame or widows who have noone to control them”. He also described them as “devils”, and added that “they talk like monsters”.
A protester chants during a march against sexual harassment
A few days before he made the controversial statements, at least 19 women were reportedly gang raped in Tahrir Square during a Friday protest marking the anniversary of the January, 2011 mass uprising that toppled authoritarian President Hosni Mubarak. One woman was hospitalised after attackers used a knife to cut her genitals.
Risking stigma and breaking an age-old taboo on sexual violence, many of the women have since spoken out, giving disturbing testimonies of the attacks in interviews published in newspapers and broadcast on radio and television. In a show of solidarity and support for the rape victims, hundreds of women protesters meanwhile staged a rally in downtown Cairo on Wednesday, protesting sexual harassment and demanding an end to sexual violence.
“Women and girls are a red line,” the protesters chanted. Some of the demonstrators brandished kitchen knives to send a message that they were capable of defending themselves.
Sexual harassment has plagued Egypt for decades. In 2008, a study by the Egyptian Centre for Women’s Rights (ECWR) revealed that more than 80 per cent of Egyptian women have been subjected to sexual harassment. Since Egypt’s revolution two years ago, there has been a surge in sexual violence against women, and rights activists say that harassment over the past two years has become “more violent and more organised”. The warn that the phenomenon has now reached “epidemic proportion”.
Nehad Abou Komsan, Chairperson of ECWR said that she believes the rise in the number of reported incidents since the revolution may be due to the fact that “in the freer post-revolution environment, more women are willing to speak out against harassment”. In the past, victims of harassment or sexual assault rarely reported the incidents for fear of being blamed or stigmatised. Since the revolution however, both women and the media have broken their silence. In recent months, the issue has been publicly debated a number of times in TV talk shows and has been tackled by local dailies.
The first time such assaults were reported in the press was during Egypt’s 2005 presidential elections, when female journalists were molested and stripped by what were believed to be security forces in plain clothes hired to attack the journalists. The following year, a brutal mob attack on girls celebrating Eid Al Fitr in downtown Cairo sent shockwaves across the nation, bringing the issue of harassment to light.
On 11 February 2011 — the night former Egyptian president Hosni Mubarak was forced out — CBS Correspondent Lara Logan was sexuallyassaulted by a mob of 200 to 300 frenzied men in Tahrir Square, as tens of thousands of jubilant opposition activists celebrated Mubarak’s ouster. Since then, a series of sexual assaults by mobs have been reported, targeting mainly prominent female activists and journalists.
The wave of assaults has led rights campaigners to infer that the “targeted and systematic attacks are being used by the state to keep women away from the protests”.On 8 March 2011, scores of women demanding equal rights at a rally marking International Women’s Day were verbally abused and shoved by bearded men who shouted at them to go home. The following day, several female protesters arrested by the army near Tahrir Square were electrocuted and subjected to humiliating “virginity checks” performed by a male doctor. Samira Ibrahim, one of the young protesters subjected to such a test filed a lawsuit against the then-ruling Supreme Council of the Armed Forces. She won the case and the military promised that such tests would not be performed on female detainees in military prisons in the future. She however, lost a second case against the military doctor she had accused of performing the tests, who was acquitted by a military court. In December 2011, another female protester was stripped down to her bra, dragged by soldiers and beaten during a protest outside the parliament building. A video of the “girl in the blue bra” went viral on the internet , provoking a public outcry and a wave of anti-military protests.
Sexual harassment has increased since protests calling for “the downfall of the Islamist regime” began at the end of last month. The surge in sexual violence in the protest areas has given rise to informal groups like Tahrir Bodyguard and Operation Anti-Sexual Harassment/Assault— initiatives set up by volunteers and rights activists who patrol Tahrir Square during protests, keep track of sexual assault incidents and report them to rights organisations. The volunteers also try and protect female protesters by forming human chains around them or by coming to the rescue of women who are under attack. In their neon vests and helmets, Tahrir Bodyguard members are easy to spot.
Many activists believe that paid thugs are responsible for the spike in recent harassment, which they say is being used to keep female protesters out of Tahrir Square and away from the Presidential Palace.
In a press release issued last Wednesday, Amnesty International stated that rights activists believe that “the state may be behind the organised and coordinated attacks which are aimed at silencing women and excluding them from public spaces.” In most of the assault incidents, similar tactics have been used by the perpetrators to “intimidate and degrade the women”, the statement added.
Morsi’s Islamist supporters meanwhile blame the attacks on former regime loyalists who, they say,” hire thugs to tarnish the image of Islamists”.
“Violence was used by the old regime to silence dissenters. Now, old regime remnants are still using the same methods to further their interests and turn people against the new regime,” argued Walid El Garf, an interpreter with State TV and supporter of President Mohamed Morsi.
Rights activists have called on the government to bring the perpetrators to justice, asking President Morsi to take urgent action to end the culture of impunity.
The Egyptian president has been quick to respond to the call. Last week, he announced via his official Twitter account that a sexual harassment law was currently being drafted and would soon be ratified by the Cabinet. Prime Minister Hesham Qandil has also annnounced that his cabinet was working with civil society organisations and the state-sponsored National Council for Women (NCW) to finalise the law. Mervat El Tellawy, Secretary General of the NCW, has meanwhile urged victims of sexual assault to report incidents to the Council so that legal measures may be taken against the perpetrators. An Interior Ministry source has also said that surveillance cameras would soon be installed in the main squares and on downtown streets to monitor incidents of sexual harassment and assault.
While the increased violence against women has been cause for growing concern, the long-awaited new legislation, the increased willingness of women to speak out and the growing number of NGOs fighting harassment (either by spreading awareness about it, encouraging women to speak out or protecting women during protests) are all encouraging signs of positive change to come. Rights activists welcome the change but insist that more needs to be done to end gender-based discrimination.
“Changing the attitudes of men and women can only take place through education and awareness campaigns, ” said activist Azza Kamel of Fouada Watch, an NGO that has established a round-the-clock hot line for victims to report incidents of sexual harassment, verbal abuse or assaults against women. Kamel also advocates training of the police, traditionally known to take harassment reports lightly . “But above all”she said, there must be zero tolerance for those who incite violence against women (referring to the recent comments by Salafi preacher Abou Islam.)
“Such extremists must be silenced. Incitement is as big a crime as the assault itself”, Kamel added.
Journalist Shahira Amin resigned from her post as deputy head of state-run Nile TV in February 2011. Read why she resigned from the “propaganda machine” here.
