13 May 2014 | Campaigns
Today’s decision from the Court of Justice of the European Union violates the fundamental principles of freedom of expression.
The court’s ruling means that, under certain circumstances, information can be removed from search engine results even if it is true and factual and without the original source material being altered. It allows individuals to complain to search engines about information they do not like with no legal oversight. This is akin to marching into a library and forcing it to pulp books. Although the ruling is intended for private individuals it opens the door to anyone who wants to whitewash their personal history.
By placing the onus on search engines to prevent dissemination of information, the Court has said that an individual’s desires outweigh society’s interest in the complete facts around incidents.
The ruling goes against the finding last year of the EU advocate general who said there was no “right to be forgotten”.
The Court’s decision is a retrograde move that misunderstands the role and responsibility of search engines and the wider internet. It should send chills down the spine of everyone in the European Union who believes in the crucial importance of free expression and freedom of information.
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13 May 2014 | Asia and Pacific, News and features, North Korea
Gymnasts at Arirang festival in Pyongyang, North Korea (Image: Roman Kalyakin/Demotix)
Jang Jin-sung, formerly poet laureate for North Korea, is one of its highest-ranking defectors and most vocal critics. A meteoric career that saw him also become chief propagandist in the United Front Department, engaging in counter-intelligence and psychological warfare against South Korea, he was also one of Kim Jong Il’s inner circle — a dreamlike life of privilege shattered when he found the bodies of famine victims lying in the streets of his home town. Facing almost certain death for the crime of mislaying a prohibited text, he dramatically escaped to China in 2004 and defected to South Korea. Based on his insights from working in the elite, he argues that the official narrative of North Korea being run under the absolutist genius of the Kim dynasty and the Korean Workers Party, is a lie. Power was not harmoniously transferred upon Kim Il Sung’s death in 1994 to his son, Kim Jong Il — instead Kim Jong Il had long before usurped his father with the support of the clandestine Organisation and Guidance Department (OGD), while Kim Il Sung spent his last years under virtual house arrest, bamboozled by his own cult, created by his son. Kim Jong Il directed the OGD under his reign and he legitimised “every single policy and proposal, surveillance purge, execution, song and poem”, but upon his death in 2011, however, the bequest of leadership upon his son Kim Jong Un was solely symbolic; the OGD took charge. That year, Jang set up New Focus International to give insight and analysis to North Korea. This week he talked about the OGD as “the single most powerful entity in North Korea” to the All-Party Parliamentary Group on North Korea. His words were translated by NFI’s international editor, Shirley Lee, and the talk was chaired by Lord David Alton.
The OGD is “the entity that controls everything. This is where all roads end, all chains of command, and all power structures go,” Jang said. “The real power structure, nothing has changed since Kim Jong Il’s time. The OGD is still just as it is, the same men are in the same positions of power.” Yet the OGD is so secret and compartmentalised a structure, it’s only fully comprehended by the most senior leaders, and known to “less than a dozen” of the approximate 26,000 refugees out of North Korea. That lack of knowledge has meant that traditionally, outside observers omitted the OGD’s existence, basing their views on diplomatic notes, refugee testimonies and political theories which Pyongyang has successfully fed into with propaganda about the Kims’ omnipotence, to obscure its power structures. Hence, many observers interpreted the purge of Kim Jong Un’s uncle Jang Song Thaek as the new leader getting rid of his old guard to make his own power network, whereas it was really the OGD liquidating a rival. South Korea has also connived to keep a lid on knowledge of the OGD. When Hwang Jong Op, the international secretary of the Korean Workers’ Party and principal author of the state philosophy of Juche, defected and sought to tell of the OGD, the South’s then Sunshine Policy “was based on a policy of engagement that sought not to provoke the North Korean regime, [so] they actually silenced his testimony from appearing,” said Jang.
Whereupon while “every single person seen as the second, third, fourth most powerful man, has been purged or destroyed … every single powerful member of the OGD has remained”. They will stay in power as the OGD is in effect North Korea’s “human resources department, it appoints everyone”. The vetting of appointees is based on trust, and loyalty secured by cadres knowing any perception of disloyalty will imprison them, their parents and their children. “No-one is exempt from this… because no matter how big you are, if you do something wrong, you are sending your family to prison camp to rot away for the rest of their lives, never to be seen again.” As Lee put it, “you’re not going to kill your own family to change that”. Jang himself has tried many times to contact his parents in North Korea, but has never succeeded. “You can’t begin to think about what his parents may be suffering but that just makes him stronger,” said Lee.
The OGD appoints all generals and makes all military orders, with the military’s autonomy compromised like everything else by the OGD’s all-pervasive surveillance structure. Party committees of spies are installed across all sectors from diplomacy to tourism, down to each and every apartment block — “the OGD has eyes and ears everywhere”. It is backed by the OGD’s secret police and system of prison camps that the group developed into a weapon of mass terror while it usurped Kim Il Sung. He was prevented from seeing friends or family by his OGD-appointed bodyguards, a corps now numbering 100,000. He “died as a scarecrow, he was nothing,” said Lee.
As well as these physical means of control, the state seeks to monopolise all information flows and uses incredible psychological and emotional force to ensure its citizens’ loyalty. “In North Korea the only politically correct faith to have is in the cult of the Kims,” said Jang, while religious organisations like the Chosun Association or Buddhist association are run by the UFD, and Christians end up in prison camps. “The only narrative that matters is of the righteous sovereignty of the state.”
Yet for all the surface illusion of power, the nuclear weapons, the police and prison system, “it is a country that’s ruined inside, it’s a collapsed state. They do not control the price of an egg, and that is a huge deal”. Black markets have almost entirely supplanted the government monopoly of provision of goods, ranging from clothing to food, which collapsed in the mid-1990s as millions perished in the famine. This has created two classes, those loyal to the party because of their stake in the status quo; and the market class of people who were abandoned by the state and survive on the black market. Critically, this means that for promotions, status, power or material wealth, “the currency has converted from loyalty to money,” said Jang, “and that has broken the cult of North Korea for everyone”.
Economic “reforms” are really state efforts to try control the black markets, which have at times suffered violent crackdowns, for having become “a black hole that sucked in the control mechanisms of the state”. Equally, however, the regime cannot survive without them, as “the market feeds the people”. The country is also suffering from criminal activities actually sanctioned by the regime, namely counterfeit dollar bills, meth amphetamine production and computer hacking. “It’s not the world that’s suffering, the country is being destroyed by the regime’s own creations,” as government computers are hacked and fake bills and drugs run through society. Refugee statements say meth amphetamine abuse has become “just part of the ordinary life”.
Meanwhile the markets live off information. “The price of rice, the price of your life rises and falls in terms of knowing outside world information…ordinary people know it’s an advantage to listen to the outside world [information],” and Jang endorses the set up of a BBC Korea service to broadcast into North Korea. “The only way to break the dictatorship of force is by breaking that emotional monopoly over the people… There is no more effective tool that the world can do than to acknowledge that the North Korean people have the right to another narrative than that the party supplies.”
“More important is that no one in the North today believes it will last for ever,” but “the one thing that is stopping them from acting is there is no other way. Everyone is trying to do it the regime’s way”. This extends from efforts to deal with Pyongyang’s nuclear bomb program, which fail because international frameworks don’t apply to North Korea — “the only way the world can resolve the nuclear problem is seeing the regime transform. You can’t do it within their demands” — to the country’s appalling human rights record. “Those who think putting human rights on the agenda would jeopardise engagement and dialogue are wrong. North Korea is more desperate for dialogue at the state level than the West is. They [the North Korean state] need that to sustain what is happening right now.” Putting human rights atop all agendas would mean “there is nowhere left for the North Korean leadership to stand”.
“Stop looking at the regime as the agent of positive transformation,” said Jang, and engage with those with no stake in the status quo. Meanwhile, China, as the North’s sole supporter, is key to its survival and to brook any change. “China supports North Korea because it’s more convenient to support it than not,” said Jang, adding that Kim Jong Il hated China more than anybody “because he was at their mercy”, while Beijing’s anger at Jang Song Thaek’s execution was because it was “like the nightmare of Kim Jong Il would continue”. On Wednesday China warned North Korea against carrying out another nuclear test. And while China has yet to host Kim Jong Un, it has already welcomed South Korea’s President Park with open arms. Repeatedly reaffirming North Korea’s human rights record, damningly detailed by the United Nations’ Commission of Inquiry Into Human Rights in the DPRK in March, to the Chinese government may pressure them into giving up the forceful repatriation of North Korea refugees, which leads to prison or death, according to Lord Alton. “The scariest thing for China is to start to get moral blame for what’s going on in North Korea. So it will want to be seen to be doing the right thing.” On that, Jang said any retribution befalling the regime for human rights abuses, “the OGD will blame will Kim Jong Un alone”.
Again it’s an issue of perception. “In North Korea, I thought change could not come because the regime was so powerful. When I came to South Korea I learned that North Korea was not transformed because the South Koreans didn’t know it could.” Indeed, “the only thing holding North Korea back from transforming is that the world isn’t ready for it.”
The talk was organised with help from the European Alliance for Human Rights in North Korea. Jang’s book Dear Leader (UK Random House, US, Simon & Schuster) is out now.
This article was posted on May 13, 2014 at indexoncensorship.org
13 May 2014 | Campaigns, Statements
Rt Hon Theresa May MP
Home Secretary
Peel Building
2 Marsham Street
London
SW1P 4DF
Dear Home Secretary,
We are writing to ask that you launch an urgent investigation into why Cambridgeshire Police called on a Twitter user at home and demanded he remove a tweet about a political party– even though he had committed no crime.
We understand from Michael Abberton that police visited him without warning at home following a complaint from a UKIP councillor over a tweet in which Mr Abberton mocked the party. We believe that the actions of the police are a direct affront to freedom of speech, and represent a worrying trend in the UK towards freedom of speech on social media in particular.
The case of Mr Abberton is particularly disturbing because of the political involvement in the complaint. Free speech is vital in a functioning democracy and must be protected at all times, but its importance is often felt most keenly at election time. We believe that the actions of the Cambridgeshire Police set a troubling precedent.
We ask that you investigate this matter immediately and further call on you clarify to police all laws relating to free speech and to elections. That the police saw fit to take this complaint any further than the police station is troubling enough but two further aspects of this case also require address. The first is that the police visited Mr Abberton – who it was clear had committed no crime – at his home, without warning. No one should have to fear a knock on their door by police for simply exercising their legitimate right to speak freely.
Secondly, we understand that the police who visited Mr Abberton asked him not to tweet about their visit. Such behaviour would not look out of place in a totalitarian regime and is a further affront to free speech and expression in a country that has often led the way in condemning such behaviour elsewhere.
These questions need answers swiftly. We call for any investigation to include clear recommendations on how such incidents will be prevented in future and look forward to hearing from you on how you plan to deal with this matter.
Yours faithfully,
Jodie Ginsberg, Chief Executive
Index on Censorship
(PDF Version)
13 May 2014 | News and features, Religion and Culture, Zimbabwe
Zimbabwe barred the South Africa band Freshlyground from entering the country.
Members of the South African band Freshlyground were denied entry to Zimbabwe just hours before they were set to play at the closing night of the Harare International Arts Festival (HIFA) last week. The county’s political leaders “have yet to find a sense of humour” the band said.
The group was turned away at Harare International Airport. They were told there was no official reason given or required for sending them back home.
The state-owned daily, The Herald, has subsequently quoted regional immigration officer Francis Mabika saying the band did not have valid work permits. However, organisers at HIFA confirmed in a statement that all the performers at this year’s festival, including Freshlyground, had made payment and received clearances from the National Arts Council, and had obtained temporary work permits.
It is believed the group’s 2010 song Chicken to Change, which accuses president Robert Mugabe of being too afraid to relinquish power, is the primary factor for Freshlyground being turned away even though the song is almost four years old. Days after it first hit airwaves, Freshlyground’s visas to perform at a concert at the Wild Geese Lodge in Harare were revoked. The Zimbabwean authorities do not seem to have changed their minds about the message in the music.
The catchy tune starts off praising Mugabe for being a “superhero” and “noble” in his early years but then takes a critical look at his rule. The accompanying video, which was made in collaboration with the satirical political cartoon show ZANEWS, features a caricature of Mugabe cruising the streets in a limousine, reading Bob’s Times and ignoring his surroundings, save for winding down his window when his car runs over a chicken to observe what appears to be poor people on the side of the road holding other chickens, and then rolling it back up.
Towards the end of the song, lead singer Zolani Mahola concludes with: “You promised always to open the doors for us. Indeed it is you and only you who sleeps with the key. You are chicken to change,” as Mugabe’s head transforms into a chicken’s in the back seat of the vehicle. The rooster is symbolic as it is on the logo of Mugabe’s party, ZANU-PF, which has ruled Zimbabwe for more than three decades but was also a way of depicting poverty in the country because poultry was used as a currency during hyperinflation.
In an interview with Public Radio International (PRI) Mahola explained the crisis in Zimbabwe during the mid-2000s inspired the band, which has one Zimbabwean member in flutist Simon Atwell, to write the song. “It’s been very obvious to see the degradation and how bad the situation is, and how fearful people had become, more and more, under the government of Mugabe. And so, we wrote the song,” Mahola said.
Their approach contrasts with the overall stance coming out of South Africa, especially from political figures, which has been to sidestep the Zimbabwean issue. Although South Africa is home to more than a million Zimbabweans who fled their homeland, the country’s politicians have refused to condemn Mugabe. Instead they have opted for quiet diplomacy, the term coined during Thabo Mbeki’s presidency, which essentially referred to ignoring the Zimbabwean problem.
The artistic corner has also been relatively silent on Zimbabwe apart from DJ Cleo, a kwaito performer, who was banned from performing in Bulawayo in 2006 after he questioned Mugabe’s economic management. Freshlyground, whose music is known for being uplifting and includes the 2010 World Cup anthem Waka Waka, are unlikely candidates to take up the cause but as their bass player, Josh Hawks, explained to PRI, they are willing to be advocates on occasion. “We’re musical-political as opposed to political-musical. But, we are affected by what goes on around us.”
Apart from a few tweets on their departure and a brief statement, the band have refused to comment further on the incident but assured supporters in Zimbabwe they remain committed to visiting the country again. Freshlyground had previously played in Zimbabwe at HIFA in 2004 and the National Arts Merit Awards in 2009 but have not been back since.
Their statement reads: “The band are hugely disappointed at the missed opportunity to return to one of their favourite performance venues, and is left saddened that once more Freshlyground were unable to connect with their fans in Harare. Freshlyground remain undeterred however, and hope that in the not too distant future will be allowed to celebrate a love of music and a freedom of expression with the people of Zimbabwe.”
HIFA’s director Manuel Bagorro called it a “sad day” for Zimbabweans and the festival organisers refunded tickets to the closing night, which were valued at £14 each. They also claim to have received an assurance from the government that the group would be allowed back into Zimbabwe in future.
Freshlyground was not the only source of controversy at this year’s HIFA. A play titled Lovers in Time caused a stir because the two spirit mediums from the 1800s switch sexes and race as they come back to modern Zimbabwe. The final showing of the play was delayed by half-an-hour and played out in with police present.
This article was posted on May 13, 2014 at indexoncensorship.org
