States’ use of surveillance to fight pandemic must respect human rights

[vc_row][vc_column][vc_column_text]Index on Censorship is among 107 organisations that are urging governments to respect human rights and civil liberties as they attempt to tackle the coronavirus pandemic through digital surveillance technologies.

“As the coronavirus continues to spread and threaten public health, governments are taking unprecedented actions to bring it under control. But the pandemic must not be used to usher in invasive digital surveillance,” said Jessica Ní Mhainín, Policy Research and Advocacy Officer at Index on Censorship. “Measures must have a legal basis, be targeted exclusively at curtailing the virus, and have safeguards in place to prevent violations of privacy.”

STATEMENT:

The Covid-19 pandemic is a global public health emergency that requires a coordinated and large-scale response by governments worldwide. However, states’ efforts to contain the virus must not be used as a cover to usher in a new era of greatly expanded systems of invasive digital surveillance.

We, the undersigned organisations, urge governments to show leadership in tackling the pandemic in a way that ensures that the use of digital technologies to track and monitor individuals and populations is carried out strictly in line with human rights.

Technology can and should play an important role during this effort to save lives, such as to spread public health messages and increase access to health care. However, an increase in state digital surveillance powers, such as obtaining access to mobile phone location data, threatens privacy, freedom of expression and freedom of association, in ways that could violate rights and degrade trust in public authorities – undermining the effectiveness of any public health response. Such measures also pose a risk of discrimination and may disproportionately harm already marginalised communities.

These are extraordinary times, but human rights law still applies. Indeed, the human rights framework is designed to ensure that different rights can be carefully balanced to protect individuals and wider societies. States cannot simply disregard rights such as privacy and freedom of expression in the name of tackling a public health crisis. On the contrary, protecting human rights also promotes public health. Now more than ever, governments must rigorously ensure that any restrictions to these rights is in line with long-established human rights safeguards.

This crisis offers an opportunity to demonstrate our shared humanity. We can make extraordinary efforts to fight this pandemic that are consistent with human rights standards and the rule of law. The decisions that governments make now to confront the pandemic will shape what the world looks like in the future.

We call on all governments not to respond to the Covid-19 pandemic with increased digital surveillance unless the following conditions are met:

1. Surveillance measures adopted to address the pandemic must be lawful, necessary and proportionate. They must be provided for by law and must be justified by legitimate public health objectives, as determined by the appropriate public health authorities, and be proportionate to those needs. Governments must be transparent about the measures they are taking so that they can be scrutinized and if appropriate later modified, retracted, or overturned. We cannot allow the Covid-19 pandemic to serve as an excuse for indiscriminate mass surveillance.

2. If governments expand monitoring and surveillance powers then such powers must be time-bound, and only continue for as long as necessary to address the current pandemic. We cannot allow the Covid-19 pandemic to serve as an excuse for indefinite surveillance.

3. States must ensure that increased collection, retention, and aggregation of personal data, including health data, is only used for the purposes of responding to the Covid-19 pandemic. Data collected, retained, and aggregated to respond to the pandemic must be limited in scope, time-bound in relation to the pandemic and must not be used for commercial or any other purposes. We cannot allow the Covid-19 pandemic to serve as an excuse to gut individuals’ right to privacy.

4. Governments must take every effort to protect people’s data, including ensuring sufficient security of any personal data collected and of any devices, applications, networks, or services involved in collection, transmission, processing, and storage. Any claims that data is anonymous must be based on evidence and supported with sufficient information regarding how it has been anonymised. We cannot allow attempts to respond to this pandemic to be used as justification for compromising people’s digital safety.

5. Any use of digital surveillance technologies in responding to Covid-19, including big data and artificial intelligence systems, must address the risk that these tools will facilitate discrimination and other rights abuses against racial minorities, people living in poverty, and other marginalised populations, whose needs and lived realities may be obscured or misrepresented in large datasets. We cannot allow the Covid-19 pandemic to further increase the gap in the enjoyment of human rights between different groups in society.

6. If governments enter into data sharing agreements with other public or private sector entities, they must be based on law, and the existence of these agreements and information necessary to assess their impact on privacy and human rights must be publicly disclosed – in writing, with sunset clauses, public oversight and other safeguards by default. Businesses involved in efforts by governments to tackle Covid-19 must undertake due diligence to ensure they respect human rights, and ensure any intervention is firewalled from other business and commercial interests. We cannot allow the Covid-19 pandemic to serve as an excuse for keeping people in the dark about what information their governments are gathering and sharing with third parties.

7. Any response must incorporate accountability protections and safeguards against abuse. Increased surveillance efforts related to Covid-19 should not fall under the domain of security or intelligence agencies and must be subject to effective oversight by appropriate independent bodies. Further, individuals must be given the opportunity to know about and challenge any Covid-19 related measures to collect, aggregate, and retain, and use data. Individuals who have been subjected to surveillance must have access to effective remedies.

8. Covid-19 related responses that include data collection efforts should include means for free, active, and meaningful participation of relevant stakeholders, in particular experts in the public health sector and the most marginalized population groups.

Signatories:
7amleh – Arab Center for Social Media Advancement
Access Now
African Declaration on Internet Rights and Freedoms Coalition
AI Now
Algorithm Watch
Alternatif Bilisim
Amnesty International
ApTI
ARTICLE 19
Asociación para una Ciudadanía Participativa, ACI Participa
Association for Progressive Communications (APC)
ASUTIC, Senegal
Athan – Freedom of Expression Activist Organization
Barracón Digital
Big Brother Watch
Bits of Freedom
Center for Advancement of Rights and Democracy (CARD)
Center for Digital Democracy
Center for Economic Justice
Centro De Estudios Constitucionales y de Derechos Humanos de Rosario
Chaos Computer Club – CCC
Citizen D / Državljan D
Civil Liberties Union for Europe
CódigoSur
Coding Rights
Coletivo Brasil de Comunicação Social
Collaboration on International ICT Policy for East and Southern Africa (CIPESA)
Comité por la Libre Expresión (C-Libre)
Committee to Protect Journalists
Consumer Action
Consumer Federation of America
Cooperativa Tierra Común
Creative Commons Uruguay
D3 – Defesa dos Direitos Digitais
Data Privacy Brasil
Democratic Transition and Human Rights Support Center “DAAM”
Derechos Digitales
Digital Rights Lawyers Initiative (DRLI)
Digital Security Lab Ukraine
Digitalcourage
EPIC
epicenter.works
European Digital Rights – EDRi
Fitug
Foundation for Information Policy Research
Foundation for Media Alternatives
Fundación Acceso (Centroamérica)
Fundación Ciudadanía y Desarrollo, Ecuador
Fundación Datos Protegidos
Fundación Internet Bolivia
Fundación Taigüey, República Dominicana
Fundación Vía Libre
Hermes Center
Hiperderecho
Homo Digitalis
Human Rights Watch
Hungarian Civil Liberties Union
ImpACT International for Human Rights Policies
Index on Censorship
Initiative für Netzfreiheit
Innovation for Change – Middle East and North Africa
International Commission of Jurists
International Service for Human Rights (ISHR)
Intervozes – Coletivo Brasil de Comunicação Social
Ipandetec
IPPF
Irish Council for Civil Liberties (ICCL)
IT-Political Association of Denmark
Iuridicum Remedium z.s. (IURE)
Karisma
La Quadrature du Net
Liberia Information Technology Student Union
Liberty
Luchadoras
Majal.org
Masaar “Community for Technology and Law”
Media Rights Agenda (Nigeria)
MENA Rights Group
Metamorphosis Foundation
New America’s Open Technology Institute
Observacom
Open Data Institute
Open Rights Group
OpenMedia
OutRight Action International
Pangea
Panoptykon Foundation
Paradigm Initiative (PIN)
PEN International
Privacy International
Public Citizen
Public Knowledge
R3D: Red en Defensa de los Derechos Digitales
RedesAyuda
SHARE Foundation
Skyline International for Human Rights
Sursiendo
Swedish Consumers’ Association
Tahrir Institute for Middle East Policy (TIMEP)
Tech Inquiry
TechHerNG
TEDIC
The Bachchao Project
Unwanted Witness, Uganda
WITNESS
World Wide Web Foundation

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Argentine journalist fled after prosecutor’s death

[vc_row][vc_column][vc_row_inner][vc_column_inner][vc_column_text]This article is part of Index on Censorship partner Global Journalist’s Project Exile series, which has published 52 interviews with exiled journalists from 31 different countries.[/vc_column_text][vc_single_image image=”97517″ img_size=”full” add_caption=”yes” alignment=”center”][/vc_column_inner][/vc_row_inner][vc_column_text]It was a story that shook Argentine politics. For the journalist who broke the news, it upended his life.

On January 18, 2015,  Argentine prosecutor Alberto Nisman was found dead of a gunshot wound in his apartment just days after releasing a 289-page report accusing then president Cristina Fernandez de Kirchner and her foreign minister of covering up Iran’s involvement in the 1994 bombing of Asociación Mutual Israelita Argentina (AMIA), a Jewish community center. The explosion killed 85 people and was the deadliest terrorist attack in the country’s history.

The journalist who broke the story of Nisman’s death on Twitter was Damian Pachter, a young Argentine-Israeli reporter for the English-language Buenos Aires Herald.

“Prosecutor Alberto Nisman was found in the bathroom of his house at Puerto Madero. He was not breathing. The doctors are there,” Pachter wrote.

That tweet set off a chain of events that led both to an investigation of Kirchner and to Pachter fleeing Argentina for Israel.

Kirchner’s government, which had been seeking to undermine Nisman’s allegations, immediately labeled his death a suicide, as Nisman’s body had been discovered with a handgun nearby. “What led a person to make the terrible decision to take his own life?” she wrote on Facebook, soon afterwards.

Nisman’s death and Kirchner’s move to call it a suicide triggered a massive protest in Buenos Aires. The Argentine government was later forced back away from its claims that Nisman had committed suicide, and Kirchner’s Front for Victory narrowly lost presidential elections later that year. An investigation into Nisman’s death concluded earlier this year that it was a homicide.

Pachter, who had been working on a freelance story for an Israeli newspaper about Nisman’s investigation of the bombing and the government’s efforts cover up Iran’s role, was soon targeted by the government.

Six days after Nisman’s body was found, he fled to Israel with nothing but a backpack.

Pachter, 33, now works as a producer for Israel’s i24 News and as a host for Ñews24 in Tel Aviv. As for Kirchner, she has consistently denied any role in Nisman’s death or covering up Iran’s role in the AMIA bombing. In October, she won election to the Argentine senate, a position that gives her legal immunity from prosecutor’s efforts to charge her with treason and covering up the government’s role in Nisman’s death.

Pachter spoke with Global Journalist’s Maria F. Callejon about the strange days after Nisman’s death and his flight from Argentina. Below, an edited version of their conversation, translated from Spanish:

Global Journalist: Tell us about the night of Nisman’s death.

Pachter: I was in the living room when I received the news of Nisman’s death from a source at approximately 11 p.m. For 35 minutes I talked to my source to try to verify it. At 11:35 p.m. I sent the first tweet: “I have been informed of an incident at Prosecutor Nisman’s house.”

I already knew what had happened, but I took the time to talk to my source, to check there were no mistakes and to get as much detail as I could. At 12:08 a.m. I tweeted: “Prosecutor Alberto Nisman was found in his bathroom at his house in Puerto Madero. He wasn’t breathing. The doctors are there.”
[/vc_column_text][vc_single_image image=”97522″ img_size=”full” alignment=”center” onclick=”custom_link” link=”https://twitter.com/damianpachter/status/557011746855321600″][vc_column_text]GJ: What were your first thoughts after receiving the information?

Pachter: I was very robotic. Immediately, I started fact-checking. Pretty much like a machine: at first, it was shocking, but I was the one who got it and I had to make sure that everything was true to then publish it. That was it. I thought I was going to be fired for tweeting first. But I told myself that if I was going to be fired for something, it might as well be this, but I had to publish it.

GJ: Did you think the government would try to cover up the incident?

Pachter: I can’t say that I didn’t, but I didn’t imagine anything precise. Knowing the government and how they treated journalists critical of them, I thought that they would create a media campaign against me. I had delivered news that affected their power, I had to have the [courage] to endure what came after. It’s part of the job. I got into journalism for this kind of thing. There are ups and downs, but you have to do your job and that is to publish what they want to hide. The investigation of Nisman’s death took two years and a new government. The previous government almost shut it down. A couple months ago, the police determined it was a homicide. Think about what would’ve happened if nobody had said anything.

GJ: What happened the day after you reported this?

Pachter: We were all in shock, nobody could believe what was happening. There was an atmosphere of fear. I interpreted that as the government making a show of their power. They had ordered the killing of the prosecutor that had accused them, and I think they didn’t consider the consequences. They didn’t think that this would be important nor that it would have the popular response it had.

GJ: How was the rest of the week?

Pachter: People were calling me, I swear, they wouldn’t stop calling from all over the world. We started doing some appearances on some big networks like CNN. In the meantime, I tried to do my job as normally as I could, but the emotion was so overwhelming, that didn’t work. I had too much adrenaline. In the days afterwards, a source of mine started messaging me to come visit. That source lived out of the city, so I didn’t pay too much attention. In the meantime, I was preparing to face further attacks from the government. I knew I was going to be targeted for being Israeli and Jewish. So I thought I would go on TV and set the record straight. I knew that they would attack me for that. I was used to the government. Any journalists that confronted them would suffer the consequences.

GJ: Were you attacked for being Jewish?

Pachter: They will do anything to discredit you. Instead of saying that I was a journalist doing my job, they said that I was working for the Israeli intelligence services, that I was an undercover agent. The government took pictures from my Facebook account of me in the Israeli army, something that I’d already talked about publicly. They marked my face with a yellow circle and sent it to pro-government groups. While this was happening, my source kept insisting that I visit. On Thursday [five days after Nisman’s body was discovered], I got an email from a colleague. The link in the mail showed that Télam, Argentina’s government news agency, had published some information about me. My name was misspelled, my workplace was incorrect and they had changed my tweets [about Nisman’s death]. This disturbed me and I thought something was going on. I sent that information to my source, who again said I should come visit. That’s when it hit me, after four days. My source was saying too that something was going on.

GJ: What did you do then?

Pachter: I left the newsroom and left my car parked there. I took a taxi back to my apartment. There, I packed a backpack with clothes for three days. That was my plan, to go and hide for three days until it all calmed down. For whatever reason, I grabbed my Israeli passport and my identity card. Then I took a bus out of town to meet with my source. While I was waiting at the cafe of a gas station, I realized a man had come into the cafe and there was something strange about him, his body language and his presence. I sat still in my seat. Time passed and this man was still there, not asking for anything to drink or eat. My source called me and told me to stay wait for him. Twenty minutes later, he was there. He came in through the back door, so he saw the man sitting behind me. My source approached me and said: “Don’t turn around. You have an intelligence officer behind you. Look at my camera and smile.” We pretended as if he were taking my picture, but he really took one of the man. When he realized what we were doing, he left. Right then I knew I had nothing else to do in the country. I was leaving. I was sure they were going to kill me, taking into account what happened to Nisman.

GJ: How did you plan your trip?

Pachter: At the cafe I did what I could to book a flight as soon as possible. The soonest one was with Argentina Airlines, from Buenos Aires to Montevideo to Madrid to Tel Aviv. I went straight to the airport to catch my flight on Saturday [six days after Nisman’s body was found]. I met my mom and said goodbye. I told her what was happening and she understood what was at stake. I also met with two colleagues of mine who were there to document it all. And then I left. During my flight, the Pink House [Argentina’s presidential residence and office] published on its official Twitter account the details of my flight. There it was clearly, just what I had thought: this was official persecution.

GJ: How did you feel when you got to Israel?

Pachter: Some friends and journalists from international media and local media met me there. Once I was there, it felt like a weight off my back. Once we landed, I felt safe.

GJ: Since you went into exile, Kirchner’s government lost the election and she was replaced by opposition candidate Mauricio Macri. Have you considered going back?

Pachter: For now, I don’t want to go back, as much as people tell me everything is fine. I have many feelings that discourage me from going. I was expelled, in a way, from Argentina. I was forced to go into exile because of my job.

GJ: Was it worth it?

Pachter: Yes, of course. I would do it a thousand times.[/vc_column_text][/vc_column][/vc_row][vc_row][vc_column width=”1/2″][vc_video link=”https://youtu.be/tOxGaGKy6fo”][/vc_column][vc_column width=”1/2″][vc_column_text]Index on Censorship partner Global Journalist is a website that features global press freedom and international news stories as well as a weekly radio program that airs on KBIA, mid-Missouri’s NPR affiliate, and partner stations in six other states. The website and radio show are produced jointly by professional staff and student journalists at the University of Missouri’s School of Journalism, the oldest school of journalism in the United States. [/vc_column_text][/vc_column][/vc_row]

Editorial: Poor excuses for not protecting protest

[vc_row][vc_column][vc_custom_heading text=”Fifty years after 1968, the year of protests, increasing attacks on the right to assembly must be addressed says Rachael Jolley”][vc_row_inner][vc_column_inner][vc_column_text]

A protester wears the Anonymous mask during a protest. Credit: Sean P. Anderson/Flickr

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Close to where I live is a school named after an important protester of his age, John Ball. Ball was the co-leader of the 14th century Peasants’ Revolt, which looked for better conditions for the English poor and took to the streets to make that point. Masses walked from Kent to the edges of London, where Ball preached to the crowds. He argued against the poor being told where they could and couldn’t live, against being told what jobs they were allowed to pursue, and what they were allowed to wear. His basic demands were more equality, and more opportunity, a fairly modern message.

For challenging the status quo, Ball was put on trial and then put to death.

These protesters saw the right to assembly as a method for those who were not in power to speak out against the conditions in which they were expected to live and taxes they were expected to pay. In most countries today protest is still just that; a method of calling for change that people hope and believe will make life better.

However, in the 21st century the UK authorities, thankfully, do not believe protesters should be put to death for asserting their right to debate something in public, to call for laws to be modified or overturned, or for ridiculing a government decision.

Sadly though this basic right, the right to protest, is under threat in democracies, as well as, less surprisingly, in authoritarian states.

Fifty years after 1968, a year of significant protests around the world, is a good moment to take stock of the ways the right to assembly is being eroded and why it is worth fighting for.

In those 50 years have we become lazier about speaking out about our rights or dissatisfactions? Do we just expect the state to protect our individual liberties? Or do we just feel this basic democratic right is not important?

Most of the big leaps forward in societies have not happened without a struggle. The fall of dictatorships in Latin America, the end of apartheid, the right of women to vote, and more recently gay marriage, have partly come about because the public placed pressure on their governments by publicly showing dissatisfaction about the status quo. In other words, public protests were part of the story of major social change, and in doing so challenged those in power to listen.

Rigid and deferential societies, such as China, do not take kindly to people gathering in the street and telling the grand leaders that they are wrong. And with China racheting up its censorship and control, it’s no wonder that protesters risk punishment for public protest.

[/vc_column_text][/vc_column][/vc_row][vc_row][vc_column width=”1/4″][vc_icon icon_fontawesome=”fa fa-quote-left” color=”custom” align=”right” custom_color=”#dd3333″][/vc_column][vc_column width=”3/4″][vc_custom_heading text=”Protecting protest is vital, even if it doesn’t feel important today. ” google_fonts=”font_family:Libre%20Baskerville%3Aregular%2Citalic%2C700|font_style:400%20italic%3A400%3Aitalic”][/vc_column][/vc_row][vc_row][vc_column][vc_column_text]

But it is not just China where the right to protest is not being protected. Our special report on the UK discovers that public squares in Bristol and other major cities are being handed over to private companies to manage for hundreds of years, giving away basic democratic rights like freedom of speech and assembly without so much as a backwards glance.

Leading legal academics revealed to Index that it was impossible to track this shift of public spaces into private hands in detail, as it was not being mapped as it would in other Western countries. As councils shrug off their responsibilities for historic city squares that have been at the centre of shaping those cities, they are also lightly handing over their responsibilities for public democracy, for the right to assembly and for local powers to be challenged.

The Bristol Alliance, which already controls one central shopping district with a 250-year lease, is now seeking to take over two central thoroughfares as part of a 100,000-square-metre deal (see page 15). And the people who are deciding to hand them over are elected representatives.

In the USA, where a similar shift has happened with private companies taking over the management of town squares, the right to protest and to free speech has, in many cases, been protected as part of the deal. But in the UK those hard-fought-for rights are being thrown away.

Another significant anniversary in 2018 is the centenary of the right to vote for British women over 30. That right came after decades of protests. Those suffragettes, if they were alive today, would not look kindly on English city councils who are giving away the rights of their ancestors to assemble and argue in public arenas.

For a swift lesson in why defending the right to assembly is vital, look to Duncan Tucker’s report on how protesters in Mexico, Argentina, Venezuela and Brazil are facing increasing threats, tear gas and prison, just for publicly criticising those governments.

In Venezuela, where there are increasing food and medicine shortages, as well as escalating inflation, legislation is being introduced to criminalise protest.

As Tucker details on page 27 and 28, Mexican authorities have passed or submitted at least 17 local and federal initiatives to regulate demonstrations in the past three years.

Those in power across these countries are using these new laws to target minorities and those with the least power, as is typically the case throughout history. When the mainstream middle class take part in protest, the police often respond less dramatically.  The lesson here is that throughout the centuries freedom of expression and freedom of assembly have been used to challenge deference and the elite, and are vital tools in our defences against corruption and authoritarianism. Protecting protest is vital, even if it doesn’t feel important today. Tomorrow when it is gone, it could well be too late.

But it is not all bad news. We are also seeing the rise of extreme creativity in bringing protests to a whole new audience in 2017. From photos of cow masks in India to satirical election posters from the Two-Tailed Dog Party in Hungary, new techniques have the power to use dangerous levels of humour and political satire to hit the pressure points of politicians. These clever and powerful techniques have shown protest is not a dying art, but it can come back and bite the powers that be on the bum in an expected fashion. And that’s to be celebrated in 2018, a year which remembers all things protest.

Finally, don’t miss our amazing exclusive this issue, a brand new short story by the award-winning writer Ariel Dorfman, who imagines a meeting between Shakespeare and Cervantes, two of his heroes.

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Rachael Jolley is the editor of Index on Censorship magazine. 

[/vc_column_text][/vc_column][/vc_row][vc_row][vc_column][vc_custom_heading text=”From the Archives”][vc_row_inner][vc_column_inner width=”1/3″][vc_single_image image=”91582″ img_size=”213×289″ alignment=”center” onclick=”custom_link” link=”http://journals.sagepub.com/doi/pdf/10.1080/03064228808534472″][vc_custom_heading text=”Uruguay 1968-88″ font_container=”tag:p|font_size:24|text_align:left” link=”url:http%3A%2F%2Fjournals.sagepub.com%2Fdoi%2Fpdf%2F10.1080%2F03064228808534472|||”][vc_column_text]June 1988

In 1968 she was a student and a political activist; in 1972 she was arrested, tortured and held for four years; then began the years of exile.[/vc_column_text][/vc_column_inner][vc_column_inner width=”1/3″][vc_single_image image=”94296″ img_size=”213×289″ alignment=”center” onclick=”custom_link” link=”http://journals.sagepub.com/doi/pdf/10.1080/03064228108533158″][vc_custom_heading text=”The girl athlete” font_container=”tag:p|font_size:24|text_align:left” link=”url:http%3A%2F%2Fjournals.sagepub.com%2Fdoi%2Fpdf%2F10.1080%2F03064228108533158|||”][vc_column_text]February 1981

Unable to publish his work in Prague since the cultural freeze following the Soviet invasion in 1968, Ivan Klíma, has his short story published by Index. [/vc_column_text][/vc_column_inner][vc_column_inner width=”1/3″][vc_single_image image=”91220″ img_size=”213×289″ alignment=”center” onclick=”custom_link” link=”http://journals.sagepub.com/doi/pdf/10.1177/0306422017716062″][vc_custom_heading text=”Cement protesters” font_container=”tag:p|font_size:24|text_align:left” link=”url:http%3A%2F%2Fjournals.sagepub.com%2Fdoi%2Fpdf%2F10.1177%2F0306422017716062|||”][vc_column_text]June 2017

Protesters casting their feet in concrete are grabbing attention in Indonesia and inspiring other communities to challenge the government using new tactics.[/vc_column_text][/vc_column_inner][/vc_row_inner][vc_separator][/vc_column][/vc_row][vc_row content_placement=”top”][vc_column width=”1/3″][vc_custom_heading text=”What price protest?” font_container=”tag:p|font_size:24|text_align:left” link=”url:https%3A%2F%2Fwww.indexoncensorship.org%2F2017%2F12%2Fwhat-price-protest%2F|||”][vc_column_text]In homage to the 50th anniversary of 1968, the year the world took to the streets, the winter 2017 issue of Index on Censorship magazine looks at all aspects related to protest.

With: Micah White, Ariel Dorfman, Robert McCrum[/vc_column_text][/vc_column][vc_column width=”1/3″][vc_single_image image=”96747″ img_size=”medium” alignment=”center” onclick=”custom_link” link=”https://www.indexoncensorship.org/2017/12/what-price-protest/”][/vc_column][vc_column width=”1/3″ css=”.vc_custom_1481888488328{padding-bottom: 50px !important;}”][vc_custom_heading text=”Subscribe” font_container=”tag:p|font_size:24|text_align:left” link=”url:https%3A%2F%2Fwww.indexoncensorship.org%2Fsubscribe%2F|||”][vc_column_text]In print, online. In your mailbox, on your iPad.

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How Index on Censorship started

[vc_row][vc_column][vc_custom_heading text=”The first editor of Index on Censorship magazine reflects on the driving forces behind its founding in 1972″ google_fonts=”font_family:Libre%20Baskerville%3Aregular%2Citalic%2C700|font_style:400%20italic%3A400%3Aitalic”][vc_column_text][/vc_column_text][vc_row_inner][vc_column_inner][vc_column_text]A version of this article first appeared in Index on Censorship magazine in December 1981. [/vc_column_text][/vc_column_inner][/vc_row_inner][/vc_column][/vc_row][vc_row][vc_column][vc_column_text]

The first issue of Index on Censorship Magazine, 1972

The first issue of Index on Censorship Magazine, 1972

Starting a magazine is as haphazard and uncertain a business as starting a book-who knows what combination of external events and subjective ideas has triggered the mind to move in a particular direction? And who knows, when starting, whether the thing will work or not and what relation the finished object will bear to one’s initial concept? That, at least, was my experience with Index, which seemed almost to invent itself at the time and was certainly not ‘planned’ in any rational way. Yet looking back, it is easy enough to trace the various influences that brought it into existence.

It all began in January 1968 when Pavel Litvinov, grandson of the former Soviet Foreign Minister, Maxim Litvinov, and his Englis wife, Ivy, and Larisa Bogoraz, the former wife of the writer, Yuli Daniel, addressed an appeal to world public opinion to condemn the rigged trial of two young writers and their typists on charges of ‘anti-Soviet agitation and propaganda’ (one of the writers, Alexander Ginzburg, was released from the camps in 1979 and now lives in Paris: the other, Yuri Galanskov, died in a camp in 1972). The appeal was published in The Times on 13 January 1968 and evoked an answering telegram of support and sympathy from sixteen English and American luminaries, including W H Auden, A J Ayer, Maurice Bowra, Julian Huxley, Mary McCarthy, Bertrand Russell and Igor Stravinsky.

The telegram had been organised and dispatched by Stephen Spender and was answered, after taking eight months to reach its addressees, by a further letter from Litvinov, who said in part: ‘You write that you are ready to help us “by any method open to you”. We immediately accepted this not as a purely rhetorical phrase, but as a genuine wish to help….’ And went on to indicate the kind oh help he had in mind:

My friends and I think it would be very important to create an international committee or council that would make it its purpose to support the democratic movement in the USSR. This committee could be composed of universally respected progressive writers, scholars, artists and public personalities from England, the United States, France, Germany and other western countries, and also from Latin America, Asia, Africa and, in the future, even from Eastern Europe…. Of course, this committee should not have an anti-communist or anti-Soviet character. It would even be good if it contained people persecuted in their own countries for pro-communist or independent views…. The point is not that this or that ideology is not correct, but that it must not use force to demonstrate its correctness.

Stephen Spender took up this idea first with Stuart Hampshire (the Oxford philosopher), a co-signatory of the telegram, and with David Astor (then editor of the Observer), who joined them in setting up a committee along the lines suggested by Litvinov (among its other members were Louis Blom-Cooper, Edward Crankshaw, Lord Gardiner, Elizabeth Longford and Sir Roland Penrose, and its patrons included Dame Peggy Ashcroft, Sir Peter Medawar, Henry Moore, Iris Murdoch, Sir Michael Tippett and Angus Wilson). It was not, admittedly, as international as Litvinov had suggested, but it was thought more practical to begin locally, so to speak, and to see whether or not there was something in it before expanding further. Nevertheless, the chosen name for the new organisation, Writers and Scholars International, was an earnest of its intentions, while its deliberate echo of Amnesty International (then relatively modest in size) indicated a feeling that not only literature but also human rights would be at issue.

By now it was 1971 and in the spring of that year the committee advertised for a director, held a series of interviews and offered me the job. There was no programme, other than Litvinov’s letter, there were no premises or staff, and there was very little money, but there were high hopes and enthusiasm.

It was at this point that some of the subjective factors I mentioned earlier began to come into play. Litvinov’s letter had indicated two possible forms of action. One was the launching of protests to ‘support and defend’ people who were being persecuted for their civic and literary activities in the USSR. The other was to ‘provide information to world public opinion’ about this state of affairs and to operate with ‘some sort of publishing house’. The temptation was to go for the first, particularly since Amnesty was setting such a powerful example, but precisely because Amnesty (and the International PEN Club) were doing such a good job already, I felt that the second option would be the more original and interesting to try. Furthermore, I knew that two of our most active members, Stephen Spender and Stuart Hampshire, on the rebound from Encounter after disclosures of CIA funding, had attempted unsuccessfully to start a new magazine, and I felt that they would support something in the publishing line. And finally, my own interests lay mainly in that direction. My experience had been in teaching, writing, translating and broadcasting. Psychologically I was too much of a shrinking violet to enjoy kicking up a fuss in public. I preferred argument and debate to categorical statements and protest, the printed page to the soapbox; I needed to know much more about censorship and human rights before having strong views of my own.

At that stage I was thinking in terms of trying to start some sort of alternative or ‘underground’ (as the term was misleadingly used) newspaper – Oz and the International Times were setting the pace were setting the pace in those days, with Time Out just in its infancy. But a series of happy accidents began to put other sorts of material into my hands. I had been working recently on Solzhenitzin and suddenly acquired a tape-recording with some unpublished poems in prose on it. On a visit to Yugoslavia, I called on Milovan Djilas and was unexpectedly offered some of his short stories. A Portuguese writer living in London, Jose Cardoso Pires, had just written a first-rate essay on censorship that fell into my hands. My friend, Daniel Weissbort, editor of Modern Poetry in Translation, was working on some fine lyrical poems by the Soviet poet, Natalya Gorbanevskaya, then in a mental hospital. And above all I stumbled across the magnificent ‘Letter to Europeans’ by the Greek law professor, George Mangakis, written in one of the colonels’ jails (which I still consider to be one of the best things I have ever published). It was clear that these things wouldn’t fit very easily into an Oz or International Times, yet it was even clearer that they reflected my true tastes and were the kind of writing, for better or worse, that aroused my enthusiasm. At the same time I discovered that from the point of view of production and editorial expenses, it would be far easier to produce a magazine appearing at infrequent intervals, albeit a fat one, than to produce even the same amount of material in weekly or fortnightly instalments in the form of a newspaper. And I also discovered, as Anthony Howard put it in an article about the New Statesman, that whereas opinions come cheap, facts come dear, and facts were essential in an explosive field like human rights. Somewhat thankfully, therefore, my one assistant and I settled for a quarterly magazine.

There is no point, I think, in detailing our sometimes farcical discussions of a possible title. We settled on Index (my suggestion) for what seemed like several good reasons: it was short; it recalled the Catholic Index Librorum Prohibitorum; it was to be an index of violations of intellectual freedom; and lastly, so help me an index finger pointing accusingly at the guilty oppressors – we even introduced a graphic of a pointing finger into our early issues. Alas, when we printed our first covers bearing the bold name of Index (vertically to attract attention nobody got the point (pun unintended). Panicking, we hastily added the ‘on censorship’ as a subtitle – Censorship had been the title of an earlier magazine, by then defunct – and this it has remained ever since, nagging me with its ungrammatically (index of censorship, surely) and a standing apology for the opacity of its title. I have since come to the conclusion that it is a thoroughly bad title – Americans, in particular, invariably associate it with the cost of living and librarians with, well indexes. But it is too late to change now.

Our first issue duly appeared in May 1972, with a programmatic article by Stephen Spender (printed also in the TLS) and some cautious ‘Notes’ by myself. Stephen summarised some of the events leading up to the foundation of the magazine (not naming Litvinov, who was then in exile in Siberia) and took freedom and tyranny as his theme:

Obviously there is a risk of a magazine of this kind becoming a bulletin of frustration. However, the material by writers which is censored in Eastern Europe, Greece, South Africa and other countries is among the most exciting that is being written today. Moreover, the question of censorship has become a matter of impassioned debate; and it is one which does not only concern totalitarian societies.

I contented myself with explaining why there would be no formal programme and emphasised that we would be feeling our way step by step. ‘We are naturally of the opinion that a definite need {for us} exists….But only time can tell whether the need is temporary or permanent—and whether or not we shall be capable of satisfying it. Meanwhile our aims and intentions are best judged…by our contents, rather than by editorials.’

[/vc_column_text][/vc_column][/vc_row][vc_row][vc_column width=”1/4″][vc_icon icon_fontawesome=”fa fa-quote-left” color=”custom” align=”right” custom_color=”#dd3333″][/vc_column][vc_column width=”3/4″][vc_custom_heading text=”My friends and I think it would be very important to create an international committee or council that would make it its purpose to support the democratic movement in the USSR.” google_fonts=”font_family:Libre%20Baskerville%3Aregular%2Citalic%2C700|font_style:400%20italic%3A400%3Aitalic”][/vc_column][/vc_row][vc_row][vc_column][vc_column_text]

In the course of the next few years it became clear that the need for such a magazine was, if anything, greater than I had foreseen. The censorship, banning and exile of writers and journalists (not to speak of imprisonment, torture and murder) had become commonplace, and it seemed at times that if we hadn’t started Index, someone else would have, or at least something like it. And once the demand for censored literature and information about censorship was made explicit, the supply turned out to be copious and inexhaustible.

One result of being inundated with so much material was that I quickly learned the geography of censorship. Of course, in the years since Index began, there have been many changes. Greece, Spain, and Portugal are no longer the dictatorships they were then. There have been major upheavals in Poland, Turkey, Iran, the Lebanon, Pakistan, Nigeria, Ghana and Zimbabwe. Vietnam, Cambodia and Afghanistan have been silenced, whereas Chinese writers have begun to find their voices again. In Latin America, Brazil has attained a measure of freedom, but the southern cone countries of Chile, Argentina, Uruguay and Bolivia have improved only marginally and Central America has been plunged into bloodshed and violence.

Despite the changes, however, it became possible to discern enduring patterns. The Soviet empire, for instance, continued to maltreat its writers throughout the period of my editorship. Not only was the censorship there highly organised and rigidly enforced, but writers were arrested, tried and sent to jail or labour camps with monotonous regularity. At the same time, many of the better ones, starting with Solzhenitsyn, were forced or pushed into exile, so that the roll-call of Russian writers outside the Soviet Union (Solzhenitsyn, Sinyavksy, Brodsky, Zinoviev, Maximov, Voinovich, Aksyonov, to name but a few) now more than rivals, in talent and achievement, those left at home. Moreover, a whole array of literary magazines, newspapers and publishing houses has come into existence abroad to serve them and their readers.

In another main black spot, Latin America, the censorship tended to be somewhat looser and ill-defined, though backed by a campaign of physical violence and terror that had no parallel anywhere else. Perhaps the worst were Argentina and Uruguay, where dozens of writers were arrested and ill-treated or simply disappeared without trace. Chile, despite its notoriety, had a marginally better record with writers, as did Brazil, though the latter had been very bad during the early years of Index.

In other parts of the world, the picture naturally varies. In Africa, dissident writers are often helped by being part of an Anglophone or Francophone culture. Thus Wole Soyinka was able to leave Nigeria for England, Kofi Awoonor to go from Ghana to the United States (though both were temporarily jailed on their return), and French-speaking Camara Laye to move from Guinea to neighbouring Senegal. But the situation can be more complicated when African writers turn to the vernacular. Ngugi wa Thiong’o, who has written some impressive novels in English, was jailed in Kenya only after he had written and produced a play in his native Gikuyu.

In Asia the options also tend to be restricted. A mainland Chinese writer might take refuge in Hong Kong or Taiwan, but where is a Taiwanese to go? In Vietnam, Cambodia, Laos, the possibilities for exile are strictly limited, though many have gone to the former colonising country, France, which they still regard as a spiritual home, and others to the USA. Similarly, Indonesian writers still tend to turn to Holland, Malaysians to Britain, and Filipinos to the USA.

In documenting these changes and movements, Index was able to play its small part. It was one of the very first magazines to denounce the Shah’s Iran, publishing as early as 1974 an article by Sadeq Qotbzadeh, later to become Foreign Minister in Ayatollah Khomeini’s first administration. In 1976 we publicised the case of the tortured Iranian poet, Reza Baraheni, whose testimony subsequently appeared on the op-ed page of the New York Times. (Reza Baraheni was arrested, together with many other writers, by the Khomeini regime on 19 October 1981.) One year later, Index became the publisher of the unofficial and banned Polish journal, Zapis, mouthpiece of the writers and intellectuals who paved the way for the present liberalisation in Poland. And not long after that it started putting out the Czech unofficial journal, Spektrum, with a similar intellectual programme. We also published the distinguished Nicaraguan poet, Ernesto Cardenal, before he became Minister of Education in the revolutionary government, and the South Korean poet, Kim Chi-ha, before he became an international cause célèbre.

[/vc_column_text][/vc_column][/vc_row][vc_row][vc_column width=”1/4″][vc_icon icon_fontawesome=”fa fa-quote-left” color=”custom” align=”right” custom_color=”#dd3333″][/vc_column][vc_column width=”3/4″][vc_custom_heading text=”Looking back, not only over the thirty years since Index was started, but much further, over the history of our civilisation, one cannot help but realise that censorship is by no means a recent phenomenon.” google_fonts=”font_family:Libre%20Baskerville%3Aregular%2Citalic%2C700|font_style:400%20italic%3A400%3Aitalic”][/vc_column][/vc_row][vc_row][vc_column][vc_column_text]

One of the bonuses of doing this type of work has been the contact, and in some cases friendship, established with outstanding writers who have been in trouble: Solzhenitsyn, Djilas, Havel, Baranczak, Soyinka, Galeano, Onetti, and with the many distinguished writers from other parts of the world who have gone out of their way to help: Heinrich Böll, Mario Vargas Llosa, Stephen Spender, Tom Stoppard, Philip Roth—and many other too numerous to mention. There is a kind of global consciousness coming into existence, which Index has helped to foster and which is especially noticeable among writers. Fewer and fewer are prepared to stand aside and remain silent while their fellows are persecuted. If they have taught us nothing else, the Holocaust and the Gulag have rubbed in the fact that silence can also be a crime.

The chief beneficiaries of this new awareness have not been just the celebrated victims mentioned above. There is, after all, an aristocracy of talent that somehow succeeds in jumping all the barriers. More difficult to help, because unassisted by fame, are writers perhaps of the second or third rank, or young writers still on their way up. It is precisely here that Index has been at its best.

Such writers are customarily picked on, since governments dislike the opprobrium that attends the persecution of famous names, yet even this is growing more difficult for them. As the Lithuanian theatre director, Jonas Jurasas, once wrote to me after the publication of his open letter in Index, such publicity ‘deprives the oppressors of free thought of the opportunity of settling accounts with dissenters in secret’ and ‘bears witness to the solidarity of artists throughout the world’.

Looking back, not only over the years since Index was started, but much further, over the history of our civilisation, one cannot help but realise that censorship is by no means a recent phenomenon. On the contrary, literature and censorship have been inseparable pretty well since earliest times. Plato was the first prominent thinker to make out a respectable case for it, recommending that undesirable poets be turned away from the city gates, and we may suppose that the minstrels and minnesingers of yore stood to be driven from the castle if their songs displeased their masters. The examples of Ovid and Dante remind us that another old way of dealing with bad news was exile: if you didn’t wish to stop the poet’s mouth or cover your ears, the simplest solution was to place the source out of hearing. Later came the Inquisition, after which imprisonment, torture and execution became almost an occupational hazard for writers, and it is only in comparatively recent times—since the eighteenth century—that scribblers have fought back and demanded an unconditional right to say what they please. Needless to say, their demands have rarely and in few places been met, but their rebellion has resulted in a new psychological relationship between rulers and ruled.

Index, of course, ranged itself from the very first on the side of the scribblers, seeking at all times to defend their rights and their interests. And I would like to think that its struggles and campaigns have borne some fruit. But this is something that can never be proved or disproved, and perhaps it is as well, for complacency and self-congratulation are the last things required of a journal on human rights. The time when the gates of Plato’s city will be open to all is still a long way off. There are certainly many struggles and defeats still to come—as well, I hope, as occasional victories. When I look at the fragility of Index‘s a financial situation and the tiny resources at its disposal I feel surprised that it has managed to hold out for so long. No one quite expected it when it started. But when I look at the strength and ambitiousness of the forces ranged against it, I am more than ever convinced that we were right to begin Index in the first place, and that the need for it is as strong as ever. The next ten years, I feel, will prove even more eventful than the ten that have gone before.

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Michael Scammell was the editor of Index on Censorship from 1972 to August 1980.

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