Rashid Rehman: “Courage in the face of threats and harassment”

Early last month, human rights lawyer Rashid Rehman from Multan in Punjab province, was threatened that he would not be present at the next hearing as he would not be alive. Those who threatened him — the complainant’s counsel, Zulfiqar Sindhu, and two others made their statements in front of the judge during the hearing of a blasphemy case — meant every word. The judge looked on stone-faced.

Sitting in his office with another lawyer and a client on 7 May, two men stormed into Rehman’s office, at around 8:30 pm, and opened fire. While he was pronounced dead on arrival at the hospital, the other two, who sustained serious bullet wounds, survived.

Rehman was the regional coordinator for the independent Human Rights Commission of Pakistan and was representing alleged blasphemer Junaid Hafeez, a lecturer at Multan’s Bahauddin Zakariya University. The latter had been accused by some students of making derogatory remarks against Prophet Muhammad in March last year.

The HRCP has, to date, lost six of its members. Five of them — Naeem Sabir (2011), Siddique Eido (2011), Zarteef Afridi (2011), Ahmed Jan Baloch (2013) and Rashid Rehman (2014) — were killed in the line of duty. The sixth victim, Malik Jarrar Hussain’s (2013) was victim of a sectarian killing. No one linked to the murders has been arrested.

Fear of backlash from the extremists is palpable and that is why, said  Zohra Yusuf, chairperson of the HRCP, even in this particular case: “The accused could not find a lawyer for a year.”

“Rashid was threatened on his first appearance in court, held inside Multan District Prison, in front of the judge,” said Yusuf, speaking to Index. Due to security concerns the hearing was being held inside the prison, she said.

On returning from the hearing, Rehman had complained to the police and the district bar association in writing and had also copied it to all civil society organisations. He had also told The Express Tribune that he had been threatened by five people over 48 hours and warned to drop the case.

In a 10 April statement, the HRCP had brought the issue to the attention of the authorities. “But nothing was done,” said Yusuf.

“This is an extraordinary event in the sense that the murderers are well identified,” A.H. Nayyar, a well known educator and a peace activist based in Islamabad. While those who pulled the actual trigger may not be identifiable, he told Index, those who threatened Rehman were very clearly named by the deceased.

Clearly infuriated, Nayyar said that if the police and the government fail to provide justice then the matter should be taken to the civilized world. “We should move parliaments of other countries to take notice of it, to lodge protests with our government and even threaten to sever relations with Pakistan.”

Dawn reported that a pamphlet stating that Rashid Rahman met his fate because he tried to save a blasphemer was dished out by unidentified people in the chambers of lawyers in Multan. “We warn all the lawyers to think before defending such matters,” the pamphlet read.

“It’s been difficult for lawyers and judges to deal with blasphemy cases in the past as well but I am certain that they will be even more hesitant now to take up such cases and who can blame them?” pointed out Angelika Pathak, former South Asia researcher at Amnesty International. Saddened by Rehman’s death whom she had known for some time, she found him to be someone who “showed great courage in the face of threats and harassment”.

“We all know, not only the alleged perpetrators but anyone perceived to side with them, be they lawyers, their own families and friends, even members of their wider communities, have all been subjected to abuse — threats of violence, violence, even unlawful killing — by extremist elements while the state has turned a blind eye to it,” she told Index over an email exchange.

Pathak found impunity for false accusers of blasphemy and for perpetrators of violence as the single most significant factor contributing to the persistence to the abuse of the blasphemy laws of Pakistan.

As a first step to end the abuse of these laws, she said the parliament should consider some safeguards, including making the deliberately false accusation of blasphemy a criminal offence.

But more importantly, Pathak pointed out that Pakistan should consider abolishing these laws as they are “too vaguely formulated, lack a clear reference to criminal intent and are in conflict with Pakistan’s international commitments undertaken when ratifying the International Covenant on Civil and Political Rights (ICCPR).”

Ratifying the ICCPR, Pathak pointed out, meant the obligation to bring “domestic law into conformity with the international legal standards”, something she emphasised remained “conspicuously missing” in Pakistan, not only with regard to the blasphemy laws but a whole range of other laws as well.

This article was published on May 9, 2014 at indexoncensorship.org

Five things we learned in a bad year for press freedom

A London protest calling for the release of jailed Al Jazeera journalists in Egypt (Image: Index on Censorship)

A London protest calling for the release of jailed Al Jazeera journalists in Egypt (Image: Index on Censorship)

Press freedom is at a decade low. Considering just a handful of the events of the past year — from Russian crackdowns on independent media and imprisoned journalists in Egypt, to press in Ukraine being attacked with impunity and government reactions to reporting on mass surveillance in the UK — it is not surprising that Freedom House have come to this conclusion in the latest edition of their annual press freedom report. This serves as a stark reminder that press freedom is a right we need to work continuously and tirelessly to promote, uphold and protect — both to ensure the safety of journalists and to safeguard our collective right to information and ability to hold those in power to account. On the eve of World Press Freedom day, we look back at some of the threats faced by the world’s press in the last 12 months.

1) Journalism is not terrorism…

National security has been used as an excuse to crack down on the press this year. “Freedom of information is too often sacrificed to an overly broad and abusive interpretation of national security needs, marking a disturbing retreat from democratic practices,” say Reporters Without Borders (RSF) in their recently released 2014 Press Freedom Index.

Journalists have faced terrorism and national security-related accusations in places known for their somewhat chequered relationship with press freedom, including Ethiopia and Egypt. However, the US and the UK, which have long prided themselves on respecting and protecting civil liberties, have also come under criticism for using such tactics — especially in connection to the ongoing revelations of government-sponsored mass surveillance.

American authorities have gone after former NSA contractor and whistleblower Edward Snowden, tapped the phones of Associated Press staff, and demanded that journalists, like James Risen, reveal their sources. British authorities, meanwhile, detained David Miranda under the country’s Terrorism Act. Miranda is the partner of Glenn Greenwald, the journalist who broke the mass surveillance story. Authorities also raided the offices of the Guardian — a paper heavily involved in reporting in the Snowden leaks.

2) …but governments still like putting journalists in prison

The Al Jazeera journalists detained in Egypt on terrorism-related charges was one of the biggest stories on attacks on press freedom this year. However, Mohamed Fahmy, Baher Mohamed, Peter Greste and their colleagues are far from the only journalists who will spend World Press Freedom Day behind bars. The latest prison census from the Committee to Protect Journalists (CPJ) put the number of journalists in jail for doing their job at 211 — their second highest figure on record.

In Bahrain, award-winning photographer Ahmed Humaidan was sentenced in March to ten years in prison. In Uzebekistan, Muhammad Bekjanov, editor of opposition paper Erk, is serving a 19-year sentence — which was increased from 15 in 2012, just as he was due to be released. In Turkey, after waiting seven years, Fusün Erdoğan, former general manager of radio station Özgür Radyo, was last November sentenced to life in jail. Just last Friday, Ethiopian authorities arrested prominent political journalist Tesfalem Waldyes and six bloggers and activists.

3) New media is under attack…

As more journalism is being conducted online, blogs, social and other new media are increasingly being targeted in the suppression of press freedom. Almost half of the world’s jailed journalists work for online outlets, according to the CPJ. China — with its massive censorship apparatus — has continued censoring microblogging site Sina Weibo, while also turning its attention to relative newcomer WeChat. In March, it closed down several popular accounts, including that of investigative journalist Luo Changping.

Meanwhile, Turkish Prime Minister Recep Tayyip Erdoğan has publicly all but declared war on social media, at one point calling it the “worst menace to society”. Twitter played a big role in last summer’s Gezi Park protests, used by journalists and other protesters alike. Only days ago, Turkish journalist Önder Aytaç was jailed, essentially, because of the letter “k” in a Tweet.

Meanwhile Russia has seen a big crackdown on online news outlets, while legislation recently passed in the Duma is targeting blogs and social media.

4) …and independent media continues to struggle

Only one in seven people in the world live in countries with free press. In many parts of the world, mainstream media is either under tight control by the government itself or headed up media moguls with links to those in power, with dissenting voices within news organisation often being pushed out. Brazil, for instance, has been labelled “the country of 30 Berlusconis” because regional media is “weakened by their subordination to the centres of power in the country’s individual states”. At the start of the year, RIA Novosti — known for on occasion challenging Russian authorities — was liquidated and replaced by the more Kremlin-friendly Rossiya Segodnya (Russia Today), while in Montenegro, has seen efforts by the government to cut funding to critical media. This is not even mentioning countries like North Korea and Uzbekistan, languishing near the bottom of press freedom ratings, where independent journalism is all but non-existent.

5) Attacks on journalists often go unpunished

A staggering fact about the attacks on journalists around the world, is how many happen with impunity. Since 1992, 600 journalists have been killed. Most of the perpetrators of those crimes have not been brought to justice. Attacks can be orchestrated by authorities or by non-state actors, but the lack of adequate responses by those in power “fuels the cycle of violence against news providers,” says RSF. In Mexico, a country notorious for violence against the press, three journalists were murdered in 2013. By last October, the state public prosecutor’s office had yet to announce any progress in the cases of Daniel Martínez Bazaldúa, Mario Ricardo Chávez Jorge and Alberto López Bello, or disclose whether they are linked to their work. Pakistan is also an increasingly dangerous place to work as a journalist. Twenty seven of the 28 journalists killed in the past 11 years in connection with their work have been killed with impunity. Syria, with its ongoing, devastating war, is the deadliest place in the world to be a journalist, while some of the attacks on press during the conflict in Ukraine, have also taken place without perpetrators being held accountable. That attacks in the country appear to be accelerating, CPJ say is “a direct result of the impunity with which previous attacks have taken place”.

This article was published on May 2, 2014 at indexoncensorship.org

Naming and shaming: 8 countries egregiously violating religious freedom

religion-word-cloud

In January, Index summarised the U.S. State Department’s “Countries of Particular Concern” — those that severely violate religious freedom rights within their borders. This list has remained static since 2006 and includes Burma, China, Eritrea, Iran, North Korea, Saudi Arabia, Sudan, and Uzbekistan. These countries not only suppress religious expression, they systematically torture and detain people who cross political and social red lines around faith.

Today the U.S. Commission on International Religious Freedom (USCIRF), an independent watchdog panel created by Congress to review international religious freedom conditions, released its 15th annual report recommending that the State Department double its list of worst offenders to include Egypt, Iraq, Nigeria, Pakistan, Tajikistan, Turkmenistan, Vietnam and Syria.

Here’s a roundup of the systematic, ongoing and egregious religious freedom violations unfolding in each.

1. Egypt

The promise of religious freedom that came with a revised constitution and ousted Islamist president last year has yet to transpire. An increasing number of dissident Sunnis, Coptic Christians, Shiite Muslims, atheists and other religious minorities are being arrested for “ridiculing or insulting heavenly religions or inciting sectarian strife” under the country’s blasphemy law. Attacks against these groups are seldom investigated. Freedom of belief is theoretically “absolute” in the new constitution approved in January, but only for Muslims, Christians and Jews. Baha’is are considered apostates, denied state identity cards and banned from engaging in public religious activities, as are Jehovah’s Witnesses. Egyptian courts sentenced 529 Islamist supporters to death in March and another 683 in April, though most of the March sentences have been commuted to life in prison. Courts also recently upheld the five-year prison sentence of writer Karam Saber, who allegedly committed blasphemy in his work.

2. Iraq

Iraq’s constitution guarantees religious freedom, but the government has largely failed to prevent religiously-motivated sectarian attacks. About two-thirds of Iraqi residents identify as Shiite and one-third as Sunni. Christians, Yezidis, Sabean-Mandaeans and other faith groups are dwindling as these minorities and atheists flee the country amid discrimination, persecution and fear. Baha’is, long considered apostates, are banned, as are followers of Wahhabism. Sunni-Shia tensions have been exacerbated recently by the crisis in neighboring Syria and extremist attacks against religious pilgrims on religious holidays. A proposed personal status law favoring Shiism is expected to deepen divisions if passed and has been heavily criticized for allowing girls to marry as young as nine.

3. Nigeria

Nigeria is roughly divided north-south between Islam and Christianity with a sprinkling of indigenous faiths throughout. Sectarian tensions along these geographic lines are further complicated by ethnic, political and economic divisions. Laws in Nigeria protect religious freedom, but rule of law is severely lacking. As a result, the government has failed to stop Islamist group Boko Haram from terrorizing and methodically slaughtering Christians and Muslim critics. An estimated 16,000 people have been killed and many houses of worship destroyed in the past 15 years as a result of violence between Christians and Muslims. The vast majority of these crimes have gone unpunished. Christians in Muslim-majority northern states regularly complain of discrimination in the spheres of education, employment, land ownership and media.

4. Pakistan

Pakistan’s record on religious freedom is dismal. Harsh anti-blasphemy laws are regularly evoked to settle personal and communal scores. Although no one has been executed for blasphemy in the past 25 years, dozens charged with the crime have fallen victim to vigilantism with impunity. Violent extremists from among Pakistan’s Taliban and Sunni Muslim majority regularly target the country’s many religious minorities, which include Shiites, Sufis, Christians, Hindus, Zoroastrians, Sikhs, Buddhists and Baha’is. Ahmadis are considered heretics and are prevented from identifying as Muslim, as the case of British Ahmadi Masud Ahmad made all too clear in recent months. Ahmadis are politically disenfranchised and Hindu marriages are not state-recognized. Laws must be consistent with Islam, the state religion, and freedom of expression is constitutionally “subject to any reasonable restrictions imposed by law in the interest of the glory of Islam,” fostering a culture of self-censorship.

5. Tajikistan

Religious freedom has rapidly deteriorated since Tajikistan’s 2009 religion law severely curtailed free exercise. Muslims, who represent 90 percent of the population, are heavily monitored and restricted in terms of education, dress, pilgrimage participation, imam selection and sermon content. All religious groups must register with the government. Proselytizing and private religious education are forbidden, minors are banned from participating in most religious activities and Muslim women face many restrictions on communal worship. Jehovah’s Witnesses have been banned from the country since 2007 for their conscientious objection to military service, as have several other religious groups. Hundreds of unregistered mosques have been closed in recent years, and “inappropriate” religious texts are regularly confiscated.

6. Turkmenistan

The religious freedom situation in Turkmenistan is similar to that of Tajikistan but worse due to the country’s extraordinary political isolation and government repression. Turkmenistan’s constitution guarantees religious freedom, but many laws, most notably the 2003 religion law, contradict these provisions. All religious organizations must register with the government and remain subject to raids and harassment even if approved. Shiite Muslim groups, Protestant groups and Jehovah’s Witnesses have all had their registration applications denied in recent years. Private worship is forbidden and foreign travel for pilgrimages and religious education are greatly restricted. The government hires and fires clergy, censors religious texts, and fines and imprisons believers for their convictions.

7. Vietnam

Vietnam’s government uses vague national security laws to suppress religious freedom and freedom of expression as a means of maintaining its authority and control. A 2005 decree warns that “abuse” of religious freedom “to undermine the country’s peace, independence, and unity” is illegal and that religious activities must not “negatively affect the cultural traditions of the nation.” Religious diversity is high in Vietnam, with half the population claiming some form of Buddhism and the rest identifying as Catholic, Hoa Hao, Cao Dai, Protestant, Muslim or with other small faith and non-religious communities. Religious groups that register with the government are allowed to grow but are closely monitored by specialized police forces, who employ violence and intimidation to repress unregistered groups.

8. Syria

The ongoing Syrian crisis is now being fought along sectarian lines, greatly diminishing religious freedom in the country. President Bashar al-Assad’s forces, aligned with Hezbollah and Shabiha, have targeted Syria’s majority-Sunni Muslim population with religiously-divisive rhetoric and attacks. Extremist groups on the other side, including al-Qaeda and the Islamic State of Iraq and the Levant (ISIL), have targeted Christians and Alawites in their fight for an Islamic state devoid of religious tolerance or diversity. Many Syrians choose their allegiances based on their families’ faith in order to survive. It’s important to note that all human rights, not just religious freedom, are suffering in Syria and in neighboring refugee camps. In quieter times, proselytizing, conversion from Islam and some interfaith marriages are restricted, and all religious groups must officially register with the government.

This article was originally posted on April 30, 2014 at Religion News Service

Pakistan: Draft computer crimes law violates human rights

(Image: Aleksandar Mijatovic/Shutterstock)

(Image: Aleksandar Mijatovic/Shutterstock)

As states have been revealed to be snooping on citizens and other governments, and we are confronted by data breaches and security issues like the latest Heartbleed crisis, more people are becoming aware of their internet rights. Voters and civil society around the world are pushing their governments to provide secure and private online spaces for internet users. It is quite refreshing to see Pakistan’s government working for internet laws. However, though some provisions of the proposed Computer Crimes Law (CCL) are copied from other countries’ legislation, several parts of the draft version violate international human rights, including the freedom of expression.

In an attempt to offer support to the government of Pakistan, Article 19 and Digital Rights Foundation Pakistan dissected the draft legislation to point out the provisions that need to be amended, and to help the government conform to international human rights norms. It is mandatory at this point to pressure the government to put in place better internet legislation in order to avoid future misuse of the legal framework, as has happened with other laws.

A leading example of how such poorly devised laws help authorities abuse power is the Monitoring and Reconciliation of International Telephone Traffic Regulations (MRITT), also known as the Grey Traffic legislation. Passed in 2010 to help the government ban anonymous communication and VPN usage, MRITT mandates the monitoring and blocking of any encrypted and unencrypted traffic that originates or terminates in Pakistan, including phone calls and data.

MRITT legitimised blocking and internet monitoring on a massive scale — allowing a ban on VPN and VoIP services like Skype, Viber, WhatsApp and SpotFlux among others. The implementation of this legislation raises several concerns especially among the business community of Pakistan. The first official notification citing the MRITT to block VPN was issued in July 2011, targeting “all mechanisms which conceal communication to the extent that prohibits monitoring”.

The global reliance on the internet for communications and the, at times, complete blackouts of certain services by the government of Pakistan pose serious economic challenges. Not only business, but educational activities are hampered by the implications of MRITT. It also affects the privacy rights of Pakistani citizens. License deploying monitoring systems are expected to provide data — including a complete list of Pakistani consumers and their details — to the authorities when required under sub clause 6(d) of Part II of the regulation.

The Pakistan Protection Amendment Bill 2014 is another scary example of a woolly worded law. It was recently passed by Pakistan’s national assembly and is awaiting approval by the senate. Human Rights Watch stated that: “The vague definition of terrorist acts, which could be used to prosecute a very wide range of conduct — far beyond the limits of what can reasonably be considered terrorist activity. Besides ‘killing, kidnapping, extortion,’ the law classifies highly ambiguous acts including ‘Internet offences’ and ‘disrupting mass transport systems,’ as prosecutable crimes without providing specific definitions for such offences.”

The latest version of the Computer Crimes Law has been drafted by the Ministry of Information Technology and Telecommunications (MoITT). The proposed law establishes various computer crimes and sets out rules for investigation, prosecution and trial of these offences. Acts such as illegal access to and interference with programs, data or information systems; cyber terrorism; electronic forgery and fraud; making of devices for use in these types of offences; and unauthorised interception of communication are included. Like MRITT, it is feared that the Computer Crimes Law in its current draft form, if passed, would include several violations to the International Covenant on Civil and Political Rights (ICCPR), to which Pakistan acceded in 2010.

The concerns over the Computer Crimes legislation mentioned by Article 19 and Digital Rights Foundation, include lack of proper definitions of terms like content, data, information system or program. Their recommendations also highlight concerns about broader cyber-terrorism offences under Section 7 (a) and (b), and more importantly, the lack of procedural safeguards against unchecked surveillance activities carried out by the country’s intelligence agencies.

At this stage of the process, it is important for regional and international civil society and internet privacy rights groups to put pressure on the government of Pakistan to make the right amendments to the law before passing it. This law is extremely important for providing safety and security to Pakistani internet users and cannot be abolished or delayed. It is only right, then, that it introduces correct and clearly defined provisions to make it effective, and not vulnerable to abuse by authorities.

This article was published on 17 April 2014 at indexoncensorship.org