We must demand an end to the culture of impunity

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Tomorrow is International Day To End Impunity. “When someone acts with impunity, it means that their actions have no consequences”  explains IFEX, the global freedom of expression network behind the campaign. Since 1992, 600 journalists have been killed with impunity — that is 600 lives taken with all or some of those culpable not being being held responsible. Countless others — writers, activists, musicians — have joined their ranks, simply for exercising their right to freedom of expression.

This year has only added to the grim statistics. By the middle of January, six journalists had already been murdered. We are now getting close to the end of 2013, and 73 more journalists and two media workers have suffered the same fate — 48 in cases directly connected to their work, 25 with motives still unconfirmed. Out of these, 15 were killed without anyone — perpetrators or masterminds — convicted.

Russia is notorious for its culture of impunity. In July this year, Akhmednabi Akhmednabiev, a Russian journalist reporting on human rights violations in the Caucasus, was shot dead. In 2009 he had been placed on an “execution list” on leaflets distributed anonymously, and had in the past also received death threats. In January he survived an assassination attempt which local authorities reportedly refused to investigate. His case is still classed as murder with impunity.

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. In the last year alone, seven journalists have been murdered. Express Tribune journalist Rana Tanveer told Index he has received death threats and been followed for reporting on minority issues. In October, Karak Times journalists Ayub Khattak was gunned down after filing a report on the drugs trade.

In July, Honduran TV commentator Aníbal Barrow was kidnapped together with his family and a driver. The others were released, but after two weeks, Barrow’s body was found floating in a lagoon. He was the second journalists with links to the country’s president Porfirio Lobo Sosa — they were close friends — to have been killed over the past two years. Four members of the criminal group “Gordo” were detained in connection with the case, but at one point, there were at least three other suspects on the run.

In September, Colombian lawyer and radio host Édison Alberto Molina was shot four times while riding on his motorcycle with his wife. His show “Consultorio Jurídico” (The Law Office), aired on community radio station Puerto Berrío Stereo, and often took on the topic of corruption. The Inter American Press Association in October called on authorities to open “a prompt investigation into the murders” of him and news vendor and occasional stringer José Darío Arenas, who was also killed in September.

Meanwhile in Mexico, a country for many synonymous with impunity for crimes against the media, three journalists were murdered in 2013. The state public prosecutor’s offices has 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. Notorious criminal syndicate Zetas took responsibility for the murder of Martínez Bazaldúa and warned the police about investigating the case. He was a society photographer and student, only 22 at the time of his death. Chavez Jorge, founder of an online newspaper, disappeared in May and his body was found in June, but in August the state attorney’s office said they did not have a record of his death. López Bello was a crime reporter who had published stories on the drugs trade.

This year, 20 journalists — from Naji Asaad in January to Nour al-Din Al-Hafiri in September — have also lost their lives covering the ongoing tragedy of the Syrian civil war. Their loved ones, like those of all the civilians killed, will have to wait for justice.

It is also worth noting that while an unresolved or uninvestigated murder is the most serious and devastating manifestation of impunity, it is not the only one. Across the world, journalists are being attacked and intimidated without consequences. In August there was a two-hour long raid on the home of Sri Lankan editor and columnist Mandana Ismail Abeywickrema, who recently started a journalists’ trade union. Despite her receiving threats related to her work prior to the attack, it was labelled a robbery by the police. Bahraini citizen journalist Mohamed Hassan experienced similar incident, also in August, when he was arrested and his equipment seized during a night-time raid. His lawyer Abdul Aziz Mosa was also detained and his computer confiscated, after tweeting about his client being beaten. In October, a group of Azerbaijani journalists were attacked by a pro-government mob while covering an opposition rally in the town of Sabirabad. One of the journalists, Ramin Deko, told Index of regular threats and intimidation.

International Day To End Impunity is a time to reflect on these staggering figures and the tragic stories behind them. More importantly, however, it represents an opportunity to stand up and demand action. Demand that Russia’s President Vladimir Putin, Mexico’s President Enrique Peña Nieto, Pakistan’s President Mamnoon Hussain and the rest of the world’s leaders provide justice for those murdered. Demand an end to the culture of impunity in which journalists, writers, activists, lawyers, musicians and others can be intimidated, attacked and killed simply for daring to speak truth to power. Visit the campaign website to see how you can take action.

What does state press control look like?

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State control of the press is hot topic. On Wednesday, Queen Elizabeth signed off a Royal Charter which gives politicians a hand in newspaper regulation. This come after David Cameron criticised the Guardian’s reporting on mass surveillance, saying “If they don’t demonstrate some social responsibility it will be very difficult for government to stand back and not to act”.

But what does state control of the press really look like? Here are 10 countries where the government keeps a tight grip on newspapers.

Bahrain

Press freedom ranking: 165

The tiny gulf kingdom in 2002 passed a very restrictive press law. While it was scaled back somewhat in 2008, it still stipulates that journalists can be imprisoned up to five years for criticising the king or Islam, calling for a change of government and undermining state security. Journalists can be fined heavily for publishing and circulating unlicensed publications, among other things. Newspapers can also be suspended and have their licenses revoked if its ‘policies contravene the national interest.’

Belarus

Press freedom ranking: 157

In 2009 the country known as Europe’s last dictatorship passed the Law on Mass Media, which placed online media under state regulation. It demanded registration of all online media, as well as re-registration of existing outlets. The state has the power to suspend and close both non-registered and registered media, and media with a foreign capital share of more than a third can’t get a registration at all. Foreign publications require special permits to be distributed, and foreign correspondents need official accreditation.

China

Press freedom ranking: 173

The country has a General Administration of Press, Publication, Radio, Film and Television and an army official censors dedicated to keeping the media in check. Through vaguely worded regulation, they ensure that the media promotes and toes the party line and stays clear of controversial topics like Tibet. A number of journalists have also been imprisoned under legislation on “revealing state secrets” and “inciting subversion.”

Ecuador

Press freedom ranking: 119

In 2011 President Rafael Correa won a national referendum to, among other things, create a “government controlled media oversight body”. In July this year a law was passed giving the state editorial control and the power to impose sanctions on media, in order to stop the press “smearing people’s names”. It also restricted the number of licences will be given to private media to a third.

Eritrea

Press freedom ranking: 179

All media in the country is state owned, as President Isaias Afwerki has said independent media is incompatible with Eritrean culture. Reporting that challenge the authorities are strictly prohibited. Despite this, the 1996 Press Proclamation Law is still in place. It stipulates that all journalists and newspapers be licensed and subject to pre-publication approval.

Hungary

Press freedom ranking: 56

Hungary’s restrictive press legislation came into force in 2011. The country’s media outlets are forced to register with the National Media and Infocommunications Authority, which has the power to revoke publication licences. The Media Council, appointed by a parliament dominated by the ruling Fidesz party, can also close media outlets and impose heavy fines.

Saudi Arabia

Press freedom ranking: 163

Britain isn’t the only country to tighten control of the press through royal means. In 2011 King Abdullah of Saudi Arabia amended the media law by royal decree. Any reports deemed to contradict Sharia Law, criticise the government, the grand mufti or the Council of Senior Religious Scholars, or threaten state security, public order or national interest, are banned. Publishing this could lead to fines and closures.

Uzbekistan

Press freedom ranking: 164

The Law on Mass Media  demands any outlet has to receive a registration certificate before being allowed to publish. The media is banned from “forcible changing of the existing constitutional order”, and journalists can be punished for “interference in internal affairs” and “insulting the dignity of citizens”. Foreign journalists have to be accredited with the Ministry of Foreign Affairs.

 Vietnam

Press freedom ranking: 172

The 1999 Law on Media bans journalists from “inciting the people to rebel against the State of the Socialist Republic of Vietnam and damage the unification of the people”. A 2006 decree also put in place fines for journalists that deny “revolutionary achievements” and spread “harmful” information. Journalists can also be forced to pay damages to those “harmed by press articles”, regardless of whether the article in question is accurate or not.

Zimbabwe

Press freedom ranking: 133

The country’s Access to Information and Protection of Privacy Act gives the government direct regulatory power over the press through the Media and Information Council. All media outlets and journalists have to register with an obtain accreditation from the MIC. The country also has a number of privacy and security laws that double up as press regulation, The Official Secrets Act and the Public Order and Security Act.

This article was originally posted on 1 Nov 2013 at indexoncensorship.org.

EU leaders: Halt mass surveillance

Index on Censorship sent the following letter to Dalia Grybauskaitė, President of the Republic of Lithuania, and Herman van Rompuy, President of the European Council:

I am writing to you on behalf of 40 non-governmental organizations (listed below) and nearly 7000 individuals who have joined an online petition initiated by Index on Censorship calling on Europe’s leaders to place the issue of surveillance on the agenda for the European Council Summit in October.

It has been reported that the US and some European governments indiscriminately monitor emails, telephone conversations and websites that individuals visit. As the signatories of the petition, we believe that such mass surveillance of online communications is a violation of the right to freedom of expression and privacy.

We have noted that the European Council will be meeting on 24 and 25 October to discuss a number of important issues that the European Union is facing. Among them are discussions about digital economy, innovation and services; growth, competitiveness and jobs as well as the economic and monetary union. According to the agenda, the European Council Summit “may also address specific external relations issues in the light of developments on the international scene”.[1]

We believe that the nature of the revelations by the Guardian and other media outlets as well as the subsequent media reports on the issue make it important that the European Council Summit discusses the issue of mass surveillance programmes. The allegations of mass surveillance are very much in the public interest and as such necessitate a transparent discussion at the EU level.

Mass surveillance violates the fundamental rights that the European Union is built on, such as the right to privacy and freedom of expression.

The right to privacy is enshrined in Article 8 of the European Convention on Human Rights (ECHR) and in Article 7 of the EU Charter of Fundamental Rights (EU Charter). Similarly freedom of expression is protected by Article 10 and 11 of the ECHR and the EU Charter respectively. The obligation to respect, protect, fulfil and promote those rights is legally binding on all EU Member States and, since the adoption of the Lisbon Treaty, on the EU institutions.

We would be grateful if you could use your authority to put the issue of mass surveillance on the agenda of the forthcoming European Council Summit (24-25 October 2013).

Yours sincerely

Marek Marczynski
Director of Campaigns and Policy
Index on Censorship

On behalf of:

– Index on Censorship
– Amnesty International
– English PEN
– Article 19
– Privacy International
– Open Rights Group
– Liberty UK
– RSF – Reporters Without Borders
– European Federation of Journalists
– International Federation of Journalists
– PEN International
– PEN Canada
– PEN Portugal
– Electronic Frontier Foundation
– PEN Emergency Fund
– Canadian Journalists for Free Expression (CJFE)
– National Union of Somali Journalists
– Bahrain Centre for Human Rights
– Catalan PEN
– Centre for Independent Journalism (CIJ) – Malaysia


[1] Note from the General Secretariat of the Council to the Committee of Permanent Representatives/General Affairs Council – European Council (24-25 October 2013) – Annotated draft agenda, 23 September 2013, 12389/13; CO EUR-PREP 34, p. 3. http://register.consilium.europa.eu/pdf/en/13/st12/st12389.en13.pdf

An open letter from Pakistan to the chief of the NSA

NSA head Jamed R Clapper

NSA head James R Clapper

Dear Mr Clapper,

We are reaching out to you with important information that may be of crucial value in preserving your organisation’s integrity and purpose. As citizens of Pakistan, we feel there’s an unexplainable bond, a debt if you’d like to call it, that we owe to your agency; after all, we are the second most interesting people in the world in your ever-vigilant eyes. We are therefore writing to raise with you an issue of extreme importance & national security.

The information here is highly critical and can jeopardise our security if leaked; you see, the world does not really recognise whistleblowers as yet. We trust you to keep this to yourself.

The government of the United Kingdom and the government of Canada are both involved in activities that may be considered by you a grave violation of the sovereignty of your organisation. Independent research group The Citizen Lab – truly independent as they do not take government or corporation support – has revealed the presence of Netsweeper and FinFisher equipment in Pakistan, belonging to companies with headquarters in Canada and the United Kingdom respectively.

It is baffling that these two respected governments, your notable allies, have not taken the necessary steps to disable these equipments, or at the very least stopped the trade. FinFisher for one has been used actively in Bahrain, aiding the Bahraini government in cracking down on activists, including an activist your government has lauded and awarded. This seems to us as a painful revelation that shows a lack of faith in your agency from your own allies.

As far as we are concerned, we don’t understand why these companies need to sell this equipment to our government, and why our government needs to spy on us when your organisation has dedicated staff, labour, and, not to forget, extensive budgets to be able to do just that.

With a heavy heart, we hope to keep you informed (just in case you missed out) and hope that you will take strict action to strike down these Weapons of Mass Surveillance that are in blatant disregard, grossly disrespectful, and a gross violation of your integrity and the national security values of your country.

Yours sincerely,

Citizens of the Second Most Interesting Nation in the World

SIGN INDEX’S PETITION AGAINST INTERNET SURVEILLANCE

This article was originally posted on 27 Sept 2013 at indexoncensorship.org

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