Meltem Arikan: “We were prevented from expressing ourselves freely”

Awards Arikan

This is the third part of a series of conversations with Turkish playwright and author Meltem Arikan about her play Mi Minor and her experiences during the Gezi Park demonstrations.

Julian Farrington, head of arts programmes at Index on Censorship spoke to Arikan about how this government-orchestrated terror campaign was to change her life.

On 2 June Arikan – with her friends Pinar Ogun, Memet Ali Alabora and Melin Edomwonyi — struggled through the massive crowds of demonstrators on the streets of Istanbul, reaching her home around two in the afternoon. The peaceful Gezi Park demonstrations had turned violent.

There had been clashes between the protesters and the police during the night. The previous day they had been among a group of artists who they had gathered together to broadcast a message to the governor from Taksim Square. They called for him to end the excessive police response and use of tear gas on peaceful protesters.

On the evening of 2 June, the Turkish authorities would start naming and blaming in an attempt to explain this eruption of anti-government protest. As the finger pointing evolved into a hate campaign, Arikan and the artistic team behind her play Mi Minor were among those targeted.

Index: How long after the play finished did the Gezi Park protests start?

Arikan: Mi Minor was staged in Istanbul from 1 December 2012 to 14 April 2013. The play was performed 23 times, more than 10,000 people attended. Gezi Park protests started on 27 May.

Index: What was the reaction to the play?

Arikan: Mainstream media showed great interest in Mi Minor. Before and during the performances Memet Ali Alabora, director and lead actor, and Pinar Ogun, the lead actress, were interviewed and hosted by nearly all major TV channels, newspapers and magazines. After only 5 performances, Mi Minor was named Radikal Newspaper’s Best Play of the Year by readers.

At first the audience was not interacting much with the play. The first remarkable reaction was a woman throwing her shoe at the Pinima president. However, when young people started joining and interacting with the play, the perception of the overall audience and their involvement changed. When young people figured out that there was more than one game to be played in our play, they started responding to Mi Minor in such smart, humorous and joyful ways.

We also had great responses on social media all around Turkey as well as other countries —  Netherlands, France, USA, Canada, Egypt, Australia and more. The play became a trending topic four times during the performances in Turkey.

In time, we started to have fans who would come to the play or join online every week and plan their own little games. For example one of the digital actors abroad came up with the idea of Pinileaks on the internet during each performance about the Pinima president. A group of online audience members, who were following the play online, got organised and came to Istanbul. There were also friends who got very excited about the play and came from abroad to see it. The play had the Marmite effect: Some loved it. some hated it. There have been many reviews about the play by Turkish and international critics, including Liberté infoPaulanow and Archetypeinaction.

Index: Were there any other awards or plaudits?

Arikan: Students of Galatasaray University awarded Memet Ali Alabora as best actor. Pinar Ogun was nominated for best actress. I was nominated for the best playwright in the Lions Theatre Awards. The play was named the Best Play of the Year by the Karvak Awards, which we refused to receive as I mentioned in the previous article.

Index: Did the government make any comments or have any reaction to it?

Arikan: There weren’t any comments or reactions from the government during the period when the play was being performed.

Index: I know you were uneasy about how it might be received by authorities.  How did you feel it went?

Arikan: We took a great deal of care to make sure that our made-up country Pinima didn’t relate to any specific government, including Turkey. I observed that some of the audience felt uncomfortable when the Pianist was taking their pictures or interviewing them on Ustream. I believe this is mostly because people were afraid to be seen as opposing power, even though Pinima was a fictional country. After each performance many people said to us that we were very brave and asked us to be careful.

Index: So now, let’s go to the moment on June 2 when you got back to your house after the artists made the statement condemning police violence. What was your mood when you closed your front door?

Arikan: We were tired, angry and confused when we got home. I can say that we got more worried as the events got more violent. It was so painful to see young people lose their lives knowing it all started off to protect trees. We were trying to keep our nerves together as we followed the events on  Twitter.

Index: When was the first time you heard that you and your friends were being named as the architects of the Gezi Park uprising?

Arikan: On 1 June, the first accusation was made against my close friend and the director of Mi Minor, Memet Ali Alabora, by members of the ruling party, claiming that Gezi protests were attempts to establish the grounds for a coup and his tweet, which would become so famous, was shown as evidence:

“It’s not just a matter of Gezi Park, haven’t you realised yet? Come join. #resistgezipark”

It was shocking to see how politicians could show such a simple tweet as an evidence for such a huge claim. All Memet Ali did was to attend the protests during the first three days and use twitter to express himself. It was hard to believe how he was being singled out and targeted.

As I said in the previous article, I tried to explain what happened in the first three days of Gezi Park protests. From the second night onwards, the protest that started about trees attracted thousands of people who were coming to the park to give voice to a whole range of issues that they were concerned about. There were political activists, environmentalists; even Turkish Airlines staff, who were out on strike at the time joined the demonstrations. And on 30 May the day Memet Ali sent his tweet, there were people holding up banners about protecting the environment, the demolition of the Emek Theatre, destruction of forests and rivers and government interference in personal lifestyles. Memet Ali’s intention was to report what he saw happening, as he stated in his press conference after the accusations of Yeni Şafak Newspaper:

“I went to Gezi Park on 28 May to protect the trees and the culture of Istanbul. After continuous police violence, the protest turned against the force used to suppress freedom of expression. People who gathered there started to express themselves on matters they were not able to express before. This was also the case for me. For me, as well as Gezi Park, I wanted to express my concerns about a whole range of issues I saw happening in the city: the demolition of Emek Theatre, the change in Istanbul City Theatre’s regulation, State Theatres that were being closed down, the green fields being destroyed on the Asian side of Istanbul, the old central station to be made a commercial building. I meant all these when I tweeted ‘it’s not just a matter of Gezi Park’.”

After 1 June, a campaign was launched by government officials, politicians, pro-government media and their social media supporters claiming that the Gezi Park protests were an international conspiracy, with links to business, arts and NGOs. Businessmen, artists, executives of many NGOs, sportsmen, journalists and many others started to be targeted as part of this conspiracy. First Memet Ali, then Mi Minor and all related to the play, were one of the main focuses of this campaign.

Memet Ali attended a news programme a couple of days later; during the programme President of AKP (Turkey’s ruling Justice and Development Party) Istanbul Party Organization almost threatened him via twitter:

“Memet Ali and his allies/friends/ will be “overturned” [referring Memet Ali’s surname “Alabora” as it literally means “overturn”], and our brotherhood will win”

On 10 June, the pro-government newspaper Yeni Şafak came out with the headline, “What A Coincidence”, accusing Mi Minor as being the rehearsal for the protests, six months in advance. The subheadline said that “New information has come to light to show that the Gezi Park protests were an attempted civil coup” and continued claiming that “the protests were rehearsed months before in the play called ‘Mi Minor’ staged in Istanbul”.

After Yeni Şafak’s headline, the mayor of Ankara, started to make programmes on TV specifically about Mi Minor, also mentioning my name.  A news channel called A Haber ran a story about the graphic designer of the play, accusing her of being one of the masterminds of the social media behind the protests. They announced her full name and twitter account, giving false reports on her. She later lost her job as a consequence.

Index: The newspaper was making a direct connection between your play Mi Minor and the demonstrations.  How did they justify, support this claim?

Arikan: As I mentioned before, a smear campaign had already been launched. Any news by pro-government media were built on the premise that Gezi Park protests didn’t start as protection of trees but as an international conspiracy by the secret powers and the interest lobby against the emergence of a new Turkey.

This introduction to the article in the pro-government paper Yeni Şafak’s is an example of this conviction:

“The Gezi Park protests that started off with claims about cutting trees and which suddenly grew into a campaign calling for the government to resign, with false news on social media has come into its 14th day. New information on events has revealed they were an attempt to develop into an international operation with the support of the interest lobby, and throws a new light on the supposed innocence of the Gezi Park protests. There have been precise rehearsals of the Gezi events in the play ‘Mi Minor’ which was staged between 1st of December 2012 – 14th of April 2013.”

By projecting Memet Ali as someone “who has drawn attention with his provocative public tweets ever since the first day of the protests”, the newspaper tried to link his popular tweet with the play. In Mi Minor we used gourds in our fictional country Pinima, as a nonsensical export which was supposed to drive the economy. We were very cautious when choosing the symbols used in the play in order to create a unique country. Referring to the AKP’s use of a light bulb as their party symbol, the newspaper claimed that we were “targeting AK Party by using symbols that resemble the AKP symbol”. They presented the unique theatre style of Mi Minor as training for young people, teaching, “how people should revolt and how they can organise their revolution on social media”.

For the newspaper, Memet Ali’s participation in the protests, the gourds, the way social media was used in both the play and the protests, the portrayal of a dictator president in the play and the opportunity that the play gave for the audience to oppose to the President was enough to justify its  attack.

“The play “Mi Minor” proves that the Gezi Park protests, which was turned into a campaign to overthrow the government, were being staged on another medium before the actual protests started.”

Index: They claimed that you were part of a conspiracy, funded by foreign governments – can you tell us more about this?

Arikan: Once the premise of the conspiracy was established, any figure who somehow participated in the protests would always be linked to it, and thus to the foreign governments. On one of his programs the mayor of Ankara claimed, without proof, that Mi Minor was funded from abroad.

Ten days after their news on Mi Minor, Yeni Şafak featured another story, presenting Memet Ali’s holiday visits to the Red Sea and London as if they were preparations for Gezi protests. On various TV programs, websites and online forums Mi Minor or my name were being linked to secret international powers. Presentations were made to district organisations of the AK ruling party, explaining how Mi Minor was part of the international conspiracy.

There were so many groundless accusations that it is impossible to remember them all.

Index: You decided to lie low and stay in the house. What was it like in the house? Who was there? What was the atmosphere?

Arikan: Even now, I don’t want to remember what I went through during those days. We were extremely distressed. We were receiving hundreds of threats and accusations almost every minute via social media. We found it really difficult to believe what we were reading when we saw the news about Mi Minor. Even though most of the media covered Memet Ali’s press conference, it didn’t stop the accusations. The accusations were then carried on to TV.  Mi Minor was being discussed on various TV channels at least twice a week. Pinar and I started to use anti-depressant pills during this period because it was impossible to understand and cope with what was going on. I wasn’t just worried for myself but also for the people I love.

Index: The protests continued until long after you closed your front door. Did the police make any arrests in the days following the protests?  Given what was being written about you, did you expect they would arrest you?

Arikan: There were ongoing arrests at the time. We were prepared for every possibility. We knew it was also possible we would be arrested. It was nerve wracking to live with such uncertainty. There were continuous threats and accusations.  All this was happening because I created a play and attended a peaceful protest to protect trees.

Sadly, this was just a beginning for us. While the demonstrations were happening at Taksim and Gezi Park, the prime minister held several rallies. During his speeches at two consecutive rallies in Ankara and Istanbul, he read Memet Ali’s tweet to his supporters and made the crowd boo Memet Ali. Pinar and I were watching the prime minister’s speech live on TV. Pinar was shaking with fear and shock, she was repeatedly asking “why?” We were not sleeping. We were not talking with anyone outside the house or on the phone.

Several complaints were submitted to the prosecutors about Memet Ali. They sued him for encouraging a crime showing his tweet as evidence. Prosecutors eventually dropped all charges, though the last one was only dropped in January 2014.

It wasn’t the arrests we were afraid of. We feared for our lives. The days were hard to follow. We lost track of time. We were numb, timeless, sleepless and speechless. I don’t like to remember those days we had to spend at home.

Index: After a while of this attack on Memet Ali and others, the mayor of Ankara launched his personal campaign against you.  Why do you think he got so heated? Was there a particular political motive for his attacks?

Arikan: My nervous system had already been broken by the time I saw that one of the many programs on Mi Minor was now focusing on me. They were showing an edited version of one of my speeches that I made six years ago about secularism.  It was edited in such a way that I came across as an anti-Muslim agitator. What I found so brutal about this was the fact that they were using religion to provoke people against me. Religion has always been one of the most sensitive subjects in Turkey. What upset me most was the fear I witnessed in my son’s eyes and the anxiety that my partner was living through.

I find it dreadful for a politician to be able to play with people’s lives so easily. I don’t know what his political motive was. But I do know very well that these motivations do not include any humanitarian sensibility or responsibility. In responses to all these accusations, I wrote a confession for my column in Kazete, which was subsequently shared on many websites and through social media.

“I’M GUILTY I CONFESS

I’m guilty; as a woman writer, for years I’ve been rejecting the male dominated system and for the last couple of years I’ve been trying to understand and express what’s been happening during the transition period from the analogue world to the digital world.

I confess; two and a half years ago, using my intellect and my imagination, I wrote a play called “Mi Minor”. Our play was performed 23 times in 3 different venues with the permission of Governorship of Istanbul for each venue. My imagination fails me when I try to understand those who accuse us of rehearsing the Gezi Park events before it has started, provoking all that is currently happening in our country; linking us to various foreign organizations and part of an fantastical conspiracy theory relating to all these lies – even though they haven’t seen our play.

I’m guilty; I know that for thousands of years the culture of fear has been creating ‘the other’ through race and religious differences and has been making up rational reasons for wars by imposing hate and violence. I say ENOUGH to the analogue world order imposed by the male dominated system based on culture of fear, which is the one and only common culture of all societies in the world and which has been forced upon all societies, for thousands of years.

I confess; culture shall not be attributed to any society or any race. Culture is formed through the results of women and men’s existence(s) affecting each other and their interactions with nature. When defining cultural differences, the analogue world order has always disregarded the differences between men and women’s lives, which forms the foundation of all cultures. It’s women and men that create cultures and civilizations. It is a big mistake to restrict the parameters of cultural formation just with race, religion, geography and traditions, seperated from the existence of women and men.

I believe the new digital order will be constructed by accepting that societies are formed by women and men without prioritising race, religion, language and sexual differences.

I’m guilty; I believe in freedom of thought and freedom of expression by getting away from the pressures of all ideologies, political statements, military or civilian coups.

I confess; I want to think and live freely by moving away from the thought patterns that have been imposed by the patriarchal system for thousands of years.

I’m guilty; I know that the only reason of running away from reality, deflecting reality, creating ‘the other’ is fear.

I confess; I will not be frightened and to become ‘the other’.”

Index: Can you describe the nature of the campaign and how it was manipulating the public?

Arikan: On YouTube everyday different users uploaded the video made about me, which was presented by the mayor of Ankara on his son’s TV channel. Discussions and comments about me started to be made on digital forums and blogs during his campaign, referencing the banning of my book in 2004. I received hundreds of rape and life threatening emails and tweets as a result of this campaign.

Index: At what point did you start getting frightened for your safety?

Arikan: I started to get really angry because — as a woman writer supporting secularism — I have been pointed to as a threat to Islamic faith and destructor of the Turkish family order, over and over on TV and social media. Such accusations against any woman, is a threat on her life. However, I was never frightened for losing my own life, I still stand for everything I said, my fear was firstly for the security of my son and the people I love.

On 24 June newspapers carried very frightening news. A Islamist journalist claimed that he had heard that there was a contract out to kill Memet Ali. He didn’t mention any names or any organisations. This was when we really started to worry about our lives.

Index: From 1 June until the time you left the country, you did not feel safe to go out and for the most part, friends brought food and things you needed.  But you did go out once. What happened?

Arikan: Pinar and I had to go to the bank one day, since the bank is very close to where we live, we didn’t see any harm in driving there. But when we came back out from the bank we found the words “YOU ARE DEAD” written on the car. This of course upset us all very much. And just a few days after, I saw that mayor of Ankara’s son was tweeting about me for hours.

The selected sentences he chose to tweet about were all excerpts from my research publication called ‘The Body Knows’. He was clearly provoking people against me with false accusations and manipulating what I had written. Those tweets were the last straw.

I realised that we were surrounded, imprisoned in our own home and prevented from expressing ourselves freely.

I decided to leave to build a new life with my son, leaving everything else behind in order to express my thoughts freely.

This article was posted on February 11 2014 at indexoncensorship.org

India’s courts caught in pornophobia

(Image: Shutterstock)

(Image: Shutterstock)

Lord Chief Justice Campbell, while introducing The Obscene Publications Act 1857, described pornography as “poison more deadly than prussic acid, strychnine or arsenic” and insisted that the law was imperative to protect women, children and the feeble-minded.

The Indian Supreme Court’s observations and directions while hearing a petition in which online pornography is blamed for of the “epidemic” of rape and sexual violence is redolent of the pornophobia which had gripped the puritanical English legal system in the Victorian era. It is also a stark reminder of the befuddling and dangerous consequences of internet filters, as is being seen in the United Kingdom.

On 27 January, one of the defendants, the Internet Service Providers Association India (ISPAI) while stating that they would not indulge in voluntary censorship, posed a more challenging question — since there is no granular distinction to be made between “high art” and pornography, since temple sculptures can simultaneously be interpreted as both divine and obscene, how could they decide what to block and what to allow. On 28 January, all liberty-loving Indians were aghast at the Supreme Court’s intransigence on homosexual sex.

Taken together, these incidents portend to consequences more pernicious than just a chilling effect on free expression. As Lynda Nead contends, drawing a distinction between sublime and profane seeks to serve a social legitimising function which result in moral policing and violations of the rights of many.

Does pornography cause rape? Justice Douglas’ statement in Ginsberg — “Censors, of course, are propelled by their own neuroses” — and Ronald Dworkin’s reply to Katherine MacKinnon’s “breathtaking hyperbole” remain the most plausible answers to date, not a single study has been able to irrefutably prove correlation, let alone causation. However, Indian courts’ treatment of pornography has been ironic because exposure to obscene and sexually explicit material has been treated as a mitigating factor in rape sentencing. Reepik Ravinder and Phul Singh are two examples of rapists being regarded as victims of the “sex explosion” on celluloid. Not only that, a “ministry of psychic health and moral values” has also been directed to be established to nip this epidemic of vulgarity in the bud.

Justice Potter Stewart’s aphorism “I know it when I see it” holds true for any “definition” of pornography — even today. All we have got is a mystifying epithetic tautology — prurient, lewd, filthy, repulsive, which does no service to the clarity of judicial vision. It is easier to treat pornography as an accused, rather than an offence, because tropes and stereotypes make for poor and unjust legal definitions.

The plea to criminalise browser histories suffers from several grave elisions. For one, irrefutable evidence of correlation, let alone causation, between pornography and sexual violence or depravity is conspicuous by its absence. Though Delhi has a high rate of reported rapes,  Google Trends data from 2013 shows more people in the apparently conservative bastions of Gujarat and West Bengal were searching for pornography online.

Most significantly, an obscurantist idyll defines the average consumer and purposes of online pornography. Evidence dispels the notion of only rapacious, lustful men devouring pornography. A 2008 survey reported one in five women watching and approving of porn. Forty-five percent of women who watched pornography also made their own porn videos, and stated how it had helped them being sexually inventive and more intimate with their partners. Another survey, deemed to be the most comprehensive, shows 60 percent women and 80 percent men admitting to accessing sexually explicit content online. Significantly, 30 percent of women respondents said that such content deals with sexual and reproductive health and romance, too. More significant is the response that usage of pornography improved couples’ sex lives.

Moreover, the upshots of dragnet internet filters are reasons for grave consternation. Google AdSense mistook an author’s memoir for pornography and blocked it. In reverse irony, smut sites got caught in an attempt to prevent bureaucrats from surfing sites related to the stock market. And since algorithms do not have a mind of their own, Christopher Hitchens’s polemic against Mother Teresa “The Missionary Position” might also lose its immunity.

India’s information technology law remains riddled with fuzzy definitions, and right now Google, stands indicted for defamation. A ban on internet pornography would further queer the pitch for intermediary liability, thereby delivering another blow to free speech.

Given the climate of legal homophobia, a reference to the aftermath of Canada’s ban on pornography becomes pertinent. There was a sustained persecution of bookstores stocking gay and lesbian literature, comics included, and 70 percent of prosecutions were of homosexual pornography. Besides, even if there were only opt-in filters, it would entail identifying one’s sexual preferences. And where demands for arresting homosexuals are raised on the flimsiest of pretexts, one would become a sitting duck for privacy breaches and criminal prosecution.

One can only wish these apprehensions, and not pornophobia, inform the Supreme Court’s decision.

This article was posted on February 7 2014 at indexoncensorship.org

 

Egyptian government must release Alaa Abd El Fattah

Index on Censorship and IFEX members call for the release of Alaa Abd El Fattah and all those unjustly detained in Egypt

The military “interim government” in Egypt is cracking down on virtually all meaningful form of assembly, association, or opposition.

Following the passage of a November 2013 law banning peaceful protest, dozens of activists and organizers have been sent to prison. Among them is Alaa Abd El Fattah, software guru, blogger and political activist.

On the night of November 28th, security forces raided Alaa’s home, beat him and his wife when asked to see their warrant, and took and held him overnight, blindfolded and handcuffed, in an unknown location. Currently, he is held at Tora Prison, Egypt’s notorious maximum security detention center, historically used to house men suspected of violent crimes and terrorism.

But Alaa is not being prosecuted for crimes of violence. A critic of repressive state practices and a staunch advocate of free information, free and open source software, and Arabic localization in the Middle East, he was one of the first Egyptian netizens facilitating a movement for political change around a simple idea: freedom of expression.

His wildly popular blog—established with his wife, Manal—helped spark a community of bloggers in the Arab World committed to the promotion of free speech and human rights. It won the Reporters Without Borders award at the 2005 Bobs. Their groundbreaking website, Omraneya, collected blog entries across the Arab World, archiving dissent in the face of repression. As put by one popular independent media outlet: “[Omraneya is] at times the house of alternative expression and at others the amplifier of muted voices.”

Following the uprising of January 25, 2011, Alaa continued to promote free expression through online platforms. He started a nation-wide peoples initiative enabling citizen collaboration in the drafting of the Egyptian Constitution. He initiated and hosted Tweet-Nadwas (“Tweet-Symposiums”), that brought activists and bloggers from across the world into Tahrir Square, to participate in open format dialogue about tough issues ranging from Islamism to Economic Reform.

Without looking down at our feet, let’s look forward and envision the perfect state; I myself don’t want a state but I know that isn’t possible. Instead, I must focus on the steps that might lead me to build the ‘good’ state.” – Alaa Abd El Fattah (Tweet Nadwa, June 14 2011).”

Alaa has been jailed or charged under every government to take power in Egypt. In 2006, when he was only 22, he was jailed by the Mubarak government. The Supreme Council of the Armed Forces (SCAF) jailed him in 2011. Morsi brought a case against him in 2013. And he is now imprisoned by the current military government. He is not alone in this cycle of persecution. Alongside him now in prison are activists Ahmed Maher, Mohamed Adel, and Ahmed Douma—all of whom were also targeted by Egypt’s recent regimes. Thousands of other young people are in prison or unaccounted for.

Alaa’s mother, Laila Soueif, one of the founders of the Kefaya protest movement, which is widely credited as one of the key precursors to the January 2011 uprising, commented:

Alaa is one of the most outspoken and uncompromising critics of state violence and repression of his generation. At this particular juncture, those in power are trying to sell the myth that the whole country is united behind them against the Muslim Brotherhood and their allies. The fact that Alaa, who was very vocal in his criticism of the Brotherhood while Morsi was president, is condemning – even more strongly – the current criminal behaviour of the police and the army explodes their myth. Particularly as he is not alone in taking this position. Arresting him and demonizing him in the media is a message to critics of the regime to shut up.”

The current government has already handed Alaa (together with his sister Mona Seif) a one year suspended sentence in a similar, but separate, trial. Current charges may find Alaa facing additional years. Ahmed Seif, prominent human rights lawyer and father of Alaa Abd El Fattah says:

The Prosecution has done everything in its power to impede Alaa’s appeal against his imprisonment on remand. It has been more than a month since the Prosecution completed its investigations and referred the case to the Criminal Court, but lawyers have still not been allowed access to the case file, and neither a district nor a date have been set for the trial.”

As the third anniversary of the January 25 revolution draws near, we express our concern that Alaa’s case marks a worrying trend for civil liberties in Egypt.

The undersigned demand the immediate release and a fair trial for all those unjustly detained in accordance with the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights, to which Egypt is a signatory.

Signed,

Electronic Frontier Foundation
ActiveWatch – Media Monitoring Agency
Afghanistan Journalists Center
Arabic Network for Human Rights Information
ARTICLE 19
Association for Freedom of Thought and Expression
Association of Independent Electronic Media
Bahrain Center for Human Rights
Canadian Journalists for Free Expression
Centre for Independent Journalism – Malaysia
Derechos Digitales
Egyptian Organization for Human Rights
Foundation for Press Freedom – FLIP
Freedom Forum
Freedom House
Globe International Center
Human Rights Watch
Independent Journalism Center – Moldova
Index on Censorship
Initiative for Freedom of Expression – Turkey
Journalists’ Trade Union
Media, Entertainment and Arts Alliance
Media Foundation for West Africa
Media Institute of Southern Africa 
Media Rights Agenda
National Union of Somali Journalists
Norwegian PEN
Pacific Islands News Association 
Pakistan Press Foundation
PEN American Center
PEN Canada
PEN International
Public Association “Journalists”
World Association of Newspapers and News Publishers
Rasha A. Abdulla, Ph.D., The American University in Cairo
Amir Ahmad Nasr, author of My Isl@m
7iber
Access
Arab Digital Expression Foundation
Association for Progressive Communication
Digital Rights Foundation, Pakistan
Freedom of the Press Foundation
Global Voices Advocacy
International Federation of Journalists Asia-Pacific
Internet Sans Frontières (Internet Without Borders)
Jadaliyya
Mada Masr
Social Media Exchange (SMEX)
The Workshops (Egypt)

 

The EU and free expression: Human rights dialogues


This article is part of a series based on our report, Time to Step Up: The EU and freedom of expression


Beyond its near neighbourhood, the EU works to promote freedom of expression in the wider world. To promote freedom of expression and other human rights, the EU has 30 ongoing human rights dialogues with supranational bodies, but also large economic powers such as China.

The EU and freedom of expression in China

The focus of the EU’s relationship with China has been primarily on economic development and trade cooperation.  Within China some commentators believe that the tough public noises made by the institutions of the EU to the Chinese government raising concerns over human rights violations are a cynical ploy so that EU nations can continue to put financial interests first as they invest and develop trade with the country. It is certainly the case that the member states place different levels of importance on human rights in their bilateral relationships with China than they do in their relations with Italy, Portugal, Romania and Latvia. With China, member states are often slow to push the importance of human rights in their dialogue with the country. The institutions of the European Union, on the other hand, have formalised a human rights dialogue with China, albeit with little in the way of tangible results.

The EU has a Strategic Partnership with China. This partnership includes a political dialogue on human rights and freedom of the media on a reciprocal basis.[1] It is difficult to see how effective this dialogue is and whether in its present form it should continue. The EU-China human rights dialogue, now 14 years old, has delivered no tangible results.The EU-China Country Strategic Paper (CSP) 2007-2013 on the European Commission’s strategy, budget and priorities for spending aid in China only refers broadly to “human rights”. Neither human rights nor access to freedom of expression are EU priorities in the latest Multiannual Indicative Programme and no money is allocated to programmes to promote freedom of expression in China. The CSP also contains concerning statements such as the following:

“Despite these restrictions [to human rights], most people in China now enjoy greater freedom than at any other time in the past century, and their opportunities in society have increased in many ways.”[2]

Even though the dialogues have not been effective, the institutions of the EU have become more vocal on human rights violations in China in recent years. For instance, it included human rights defenders, including Ai Weiwei, at the EU Nobel Prize event in Beijing. The Chinese foreign ministry responded by throwing an early New Year’s banquet the same evening to reduce the number of attendees to the EU event. When Ai Weiwei was arrested in 2011, the High Representative for Foreign Affairs Catherine Ashton issued a statement in which she expressed her concerns at the deterioration of the human rights situation in China and called for the unconditional release of all political prisoners detained for exercising their right to freedom of expression.[3] The European Parliament has also recently been vocal in supporting human rights in China. In December 2012, it adopted a resolution in which MEPs denounced the repression of “the exercise of the rights to freedom of expression, association and assembly, press freedom and the right to join a trade union” in China. They criticised new laws that facilitate “the control and censorship of the internet by Chinese authorities”, concluding that “there is therefore no longer any real limit on censorship or persecution”. Broadly, within human rights groups there are concerns that the situation regarding human rights in China is less on the agenda at international bodies such as the Human Rights Council[4] than it should be for a country with nearly 20% of the world’s population, feeding a perception that China seems “untouchable”. In a report on China and the International Human Rights System, Chatham House quotes a senior European diplomat in Geneva, who argues “no one would dare” table a resolution on China at the HRC with another diplomat, adding the Chinese government has “managed to dissuade states from action – now people don’t even raise it”. A small number of diplomats have expressed the view that more should be done to increase the focus on China in the Council, especially given the perceived ineffectiveness of the bilateral human rights dialogues. While EU member states have shied away from direct condemnation of China, they have raised freedom of expression abuses during HRC General Debates.

The Common Foreign and Security Policy and human rights dialogues

The EU’s Common Foreign and Security Policy (CFSP) is the agreed foreign policy of the European Union. The Maastricht Treaty of 1993 allowed the EU to develop this policy, which is mandated through Article 21 of the Treaty of the European Union to protect the security of the EU, promote peace, international security and co-operation and to consolidate democracy, the rule of law and respect for human rights and fundamental freedom. Unlike most EU policies, the CFSP is subject to unanimous consensus, with majority voting only applying to the implementation of policies already agreed by all member states. As member states still value their own independent foreign policies, the CFSP remains relatively weak, and so a policy that effectively and unanimously protects and promotes rights is at best still a work in progress. The policies that are agreed as part of the Common Foreign and Security Policy therefore be useful in protecting and defending human rights if implemented with support. There are two key parts of the CFSP strategy to promote freedom of expression, the External Action Service guidelines on freedom of expression and the human rights dialogues. The latter has been of variable effectiveness, and so civil society has higher hopes for the effectiveness of the former.

The External Action Service freedom of expression guidelines

As part of its 2012 Action Plan on Human Rights and Democracy, the EU is working on new guidelines for online and offline freedom of expression, due by the end of 2013. These guidelines could provide the basis for more active external policies and perhaps encourage a more strategic approach to the promotion of human rights in light of the criticism made of the human rights dialogues.

The guidelines will be of particular use when the EU makes human rights impact assessments of third countries and in determining conditionality on trade and aid with non-EU states. A draft of the guidelines has been published, but as these guidelines will be a Common Foreign and Security Policy document, there will be no full and open consultation for civil society to comment on the draft. This is unfortunate and somewhat ironic given the guidelines’ focus on free expression. The Council should open this process to wider debate and discussion.

The draft guidelines place too much emphasis on the rights of the media and not enough emphasis on the role of ordinary citizens and their ability to exercise the right to free speech. It is important the guidelines deal with a number of pressing international threats to freedom of expression, including state surveillance, the impact of criminal defamation, restrictions on the registration of associations and public protest and impunity against human right defenders. Although externally facing, the freedom of expression guidelines may also be useful in indirectly establishing benchmarks for internal EU policies. It would clearly undermine the impact of the guidelines on third parties if the domestic policies of EU member states contradict the EU’s external guidelines.

Human rights dialogues

Another one of the key processes for the EU to raise concerns over states’ infringement of the right to freedom of expression as part of the CFSP are the human rights dialogues. The guidelines on the dialogues make explicit reference to the promotion of freedom of expression. The EU runs 30 human rights dialogues across the globe, with the key dialogues taking place in China (as above), Kazakhstan,  Kyrgyzstan, Tajikistan, Turkmenistan, Uzbekistan, Georgia and Belarus. It also has a dialogues with the African Union, all enlargement candidate countries (Croatia, the former Yugoslav republic of Macedonia and Turkey), as well as consultations with Canada, Japan, New Zealand, the United States and Russia. The dialogue with Iran was suspended in 2006. Beyond this, there are also “local dialogues” at a lower level, with the Heads of EU missions, with Cambodia, Bangladesh, Egypt, India, Israel, Jordan, Laos, Lebanon, Morocco, Pakistan, the Palestinian Authority, Sri Lanka, Tunisia and Vietnam. In November 2008, the Council decided to initiate and enhance the EU human rights dialogues with a number of Latin American countries.

It is argued that because too many of the dialogues are held behind closed doors, with little civil society participation with only low-level EU officials, it has allowed the dialogues to lose their importance as a tool. Others contend that the dialogues allow the leaders of EU member states and Commissioners to silo human rights solely into the dialogues, giving them the opportunity to engage with authoritarian regimes on trade without raising specific human rights objections.

While in China and Central Asia the EU’s human rights dialogues have had little impact, elsewhere the dialogues are more welcome. The EU and Brazil established a Strategic Partnership in 2007. Within this framework, a Joint Action Plan (JAP) covering the period 2012-2014 was endorsed by the EU and Brazil, in which they both committed to “promoting human rights and democracy and upholding international justice”. To this end, Brazil and the EU hold regular human rights consultations that assess the main challenges concerning respect for human rights, democratic principles and the rule of law; advance human rights and democracy policy priorities and identify and coordinate policy positions on relevant issues in international fora. While at present, freedom of expression has not been prioritised as a key human rights challenge in this dialogue, the dialogues are seen by both partners as of mutual benefit. It is notable that in the EU-Brazil dialogue both partners come to the dialogues with different human rights concerns, but as democracies. With criticism of the effectiveness and openness of the dialogues, the EU should look again at how the dialogues fit into the overall strategy of the Union and its member states in the promotion of human rights with third countries and assess whether the dialogues can be improved.


[1] It covers both press freedom for the Chinese media in Europe and also press freedom for European media in China.

[2] China Strategy Paper 2007-2013, Annexes, ‘the political situation’, p. 11

[3] “I urge China to release all of those who have been detained for exercising their universally recognised right to freedom of expression.”

[4] Interview with European diplomat, February 2013.

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