17 Sep 2020 | Volume 49.03 Autumn 2020, Volume 49.03 Autumn 2020 Extras
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Ruth Bader Ginsburg is a dissenting voice. Throughout her career she has not been afraid to push back against the power of the crowd when very few were ready for her to do so.
The US Supreme Court justice may be a popular icon right now, but when she set her course to be a lawyer she was in a definite minority.
For many years she was the only woman on the court bench, and she was prepared to be a solitary voice when she felt it was vital to do so, and others strongly disagreed.
The dissenting voice and its place in US law is a fascinating subject. A justice on the court who disagrees with the majority verdict publishes a view about why the decision is incorrect. Sometimes, over decades, it becomes clear that the individual who didn’t go with the crowd was right.
The dissenting voice, it seems, can be wise beyond the established norms. By setting out a dissenting opinion, it gives posterity the chance to reassess, and perhaps to use those arguments to redraft the law in later times.
Bader Ginsburg was the dissenting voice in the case of Ledbetter v Goodyear – in which Lily Ledbetter brought a case on pay discrimination but the court ruled against her – and in Shelby County v Holder on voting discrimination, an issue likely to be hotly debated again in this year’s US presidential election. Bader Ginsburg’s opinions may not have been in the majority when those cases were heard but the passage of time, and of some legislation, proved her right.
The dissenting voice in law is a model for why freedom of expression is so vital in life. You may feel alone in your fight for the right to change something (or in your position on why something is wrong), but you must have the right to express that opinion. And others must be willing to accept that minority views should be heard – even if they disagree with them.
Fight for the principle, and when the time comes that you, your friends or your neighbours need it, it will be there for you.
Right now, writers, artists and activists are standing up for that principle, not necessarily for themselves but because they feel it is right.
Sometimes they also bravely dissent when most people are afraid to speak up for change, or to disagree with those who shout the loudest.
Being different and on the outside is a lonely place to be, but the pressure is even greater when you know opposing an idea, or law, could mean losing your home or your job, or even landing in prison.
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As editor-in-chief at Index I have been privileged to work with extraordinary people who are willing to be dissenting voices when, all around them, society suggests they should be quiet. They smuggle out words because they think words make a difference. They choose to publish journalism and challenging fiction because they want the world to know what is going on in their countries. They often take enormous risks to do this.
For them, freedom of expression is essential. Murad Subay is a softly spoken Yemeni artist with a passion for pizza. He produced street art even as the bombs fell around him in Sana’a. Often called Yemen’s Banksy, Subay – an Index award winner – worked under unbelievably horrible conditions to create art with a message.
In an interview with Index in 2017, Subay told us: “It’s very harsh to see people every day looking for anything to eat from garbage, waiting along with children in rows to get water from the public containers in the streets, or the ever-increasing number of beggars in the streets. They are exhausted, as if it’s not enough that they had to go through all of the ugliness brought upon them by the war.”
Dissenting voices come from all directions and from all around the world.
From the incredibly strong Zaheena Rasheed, former editor of the Maldives Independent, who was forced to leave her country because of death threats, to regular correspondence from our contributing editor in Turkey, Kaya Genç, these are journalists who keep going against the odds. These are the dissenting voices who stand with Bader Ginsburg.
Over the years, the magazine has featured many writers who have stood up against the crowd. People such as Ahmet Altan, whose words were smuggled out of prison to us. He told us: “Tell readers that their existence gives thousands of people in prison like me the strength to go on.”
In this issue, we explore those whose ideas and voices – and sometimes, horrifically, bodies – are deliberately disappeared to muffle their dissent, or even their very existence.
Many people associate the term “the disappeared” with Argentina during the dictatorships, where we know about some of the horrific tactics used by the junta. Opposition figures were killed; newborn babies were taken from their mothers and given to couples who supported the government, their mothers murdered and, in many cases, dumped at sea to get rid of the evidence. The grandmothers of those who were disappeared are still fighting to bring attention to those cases, to uncover what happened and to try to trace their grandchildren using DNA tests.
Index published some of those stories from Argentina at the time because Andrew Graham-Yooll, who was later to become the editor at Index, smuggled out some of the information to us and to The Daily Telegraph, risking his life to do so.
We explore what and who are being disappeared by authorities that don’t want to acknowledge their existence.
Thousands of people who are escaping war and starvation try to flee across the Mediterranean Sea: hundreds disappear there. Their bodies may never be found.
It is convenient for the authorities on both sides of the sea that the numbers appear lower than they really are and the real stories don’t get out.
In a special report for this issue, Alessio Perrone reveals the tactics being used to cover up the numbers and make it appear there are fewer journeys and deaths than in reality.
The International Organisation for Migration’s Missing Migrants Project says that 20,000 people have died in the Mediterranean since records began in 2014, but many say this is an underestimation.
Certainly there are unmarked graves in Sicily where bodies have been recovered but no one knows their names (see page 30). The Italian government has, as we have previously reported, used deliberate tactics to make it harder to report on the situation and to stop the rescue boats finding refugees adrift near her boundaries.
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Also in this issue, Stefano Pozzebon and Morena Joachín report on how Guatemala’s national police archives – which house information on those people who were disappeared during the civil war – is currently closed, and not for Covid-19 reasons (see page 27).
Fifteen years after the archive was first opened to the public, a combination of political pressure and a desire to rewrite history in the troubled nation has closed it. This is a tragedy for families still using it in an attempt to trace what happened to their families.
In Azerbaijan (see page 8), another tactic is being used to silence people – this time using technology. Activists are having their profiles hacked on social media and then posts and messages are being written by the hackers and posted under their names.
Their real identities conveniently disappear under a welter of false information – a tactic used to undermine trust in journalists and activists who dare to challenge the government so that the public might stop believing what they write or say.
This is my 30th and final issue of the magazine after seven years as editor (although I will still be a contributing editor), and it is another gripping one.
They smuggle out words because they think words make a difference.
Over the years, I am proud to have worked with the incredible, brave, talented and determined. We have published new writing by Ian Rankin, Ariel Dorfman, Xinran, Lucien Bourjeily, and Amartya Sen, among others. And it has been a privilege to work with the mindblowing, sharp, analytical journalism from the pens of our incredible contributing editors over the years, including Kaya Genç, Irene Caselli, Natasha Joseph, Laura Silvia Battaglia, Stephen Woodman, Duncan Tucker and Jan Fox, plus regular contributors Wana Udobang, Karoline Kan, Steven Borowiec, Alessio Perrone and Andrey Arkhangelsky.
These people do amazing work: their writing is ahead of the game and they bring together thought-provoking analysis and great human stories. Thank you to all of them, and to deputy editor Jemimah Steinfeld.
They have told me again and again why they value writing for Index on Censorship and the importance of its work.
And because we believe that supporting writers and journalists is also about them getting paid for their work, unlike some others we have always supported the principle of paying people for their journalism.
Over the years we have attempted to go above and beyond, providing a little extra training when we can, translating Index articles into other languages, inviting journalists we work with to events, and introducing them to book publishers.
But just like the first time I ventured into the archives of the magazine, I am still amazed by what gems we have inside. We have recently reached our biggest readership to date, with hundreds of thousands of articles being downloaded in full, showing an appetite for the kind of journalism and exclusive fiction we publish.
Thank you, readers, for being part of the journey, and please continue to support this small but important magazine as it continues to speak for freedom.
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Rachael Jolley is the former editor-in-chief of Index on Censorship magazine. She tweets @londoninsider. This article is part of the latest edition of Index on Censorship’s autumn 2020 issue, entitled The disappeared: how people, books and ideas are taken away.
Look out for the new edition in bookshops, and don’t miss our Index on Censorship podcast, with special guests, on Soundcloud.
[/vc_column_text][/vc_column][/vc_row][vc_row][vc_column width=”1/2″][vc_custom_heading text=”Listen”][vc_column_text]The autumn 2020 magazine podcast featuring Hong Kong-based journalist Oliver Farry, who discusses the crackdown on pro-democracy demonstrations in the region
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15 Sep 2020 | Magazine, Magazine Contents, Volume 49.03 Autumn 2020
[vc_row][vc_column][vc_custom_heading text=”Special report”][vc_column_text]Government hits activists’ online profiles by Arzu Geybulla: Journalists and activists are finding their social media profiles hacked and sometimes deleted in a clear harassment campaign in Azerbaijan
Presiding over bloodshed by Issa Sikiti da Silva: The voice of the opposition is increasingly missing in action as Uganda approaches election day
“Silence got us nowhere. We need to speak up” by Rushan Abbas: One woman’s anguish and outrage over her sister’s disappearance and the millions of others into the concentration camp network in Xinjiang, China
“The idea is to kill journalism” by Bilal Ahmad Pandow: Kashmiri journalists on what it’s like working under lockdown, an internet blackout and a new draconian media law
What has the government got to hide? by Jessica Ní Mhainín: The new Irish government has to decide whether to block access to historic child abuse records
Don’t show and tell by Orna Herr: In a bid to avoid offence, TV shows are disappearing from the airwaves. Are we poorer for it?
Restaurants scrub off protest walls by Oliver Farry: All signs of the city’s recent protest past are being removed in Hong Kong’s restaurants, shops and even libraries following the new security law
Closure means no closure by Stefano Pozzebon and Morena Pérez Joachin: The library housing documents on the disappeared of Guatemala’s brutal civil war has been closed and with it the disappeared have disappeared further
The unknown quantity by Alessio Perrone: The Italian government is making efforts to cover up who and how many are trying to cross the Mediterranean
Tracing Turkey’s disappeared by Kaya Genç: A centre looks into the forced disappearances of Kurds in Turkey. Will they find answers or obstacles?
“There’s nobody left to speak” by Somak Ghoshal: First they came for the journalists. Then they came for the lawyers and activists. Who can speak out in today’s India?
Out of sight, but never out of mind by Laura Silvia Battaglia: Our interview with the director of a new documentary about the disappeared in Syria
Blogger flees Tunisia after arrest by Layli Foroudi: After telling a joke, one Tunisian blogger had to flee her country to avoid prison
Becoming tongue-tied by Sally Gimson: China is one country that is forcing people to give up their minority languages. Others have also attempted it
Spain’s lonely voices by Silvia Nortes: We trace the demise of many minority Spanish languages and look at whether others will survive[/vc_column_text][/vc_column][/vc_row][vc_row][vc_column][vc_custom_heading text=”Global view”][/vc_column][/vc_row][vc_row][vc_column][vc_column_text]Why Index has never been needed more by Ruth Smeeth: The world is witnessing an acceleration of illiberalism. We all need to be vigilant[/vc_column_text][/vc_column][/vc_row][vc_row][vc_column][vc_custom_heading text=”In focus”][/vc_column][/vc_row][vc_row][vc_column][vc_column_text]Ecce homo sovieticus by Andrey Arkhangelsky: Decades after the end of the Soviet Union, Russians are still plagued by totalitarianism. It’s getting worse
“I have suffered death threats and they killed my pet dogs” by Stephen Woodman: Mexican journalists work in war-like conditions. Many are suffering terrible mental illnesses because of it
Nonsense and sensibility by Jemimah Steinfeld: An interview with the bestselling author Dave Eggers about society’s slide into a total surveillance state
Fighting the laws that are silencing journalists by Jessica Ní Mhainín: Vexatious legal threats are part of the European media landscape. We need to take action against them, says a new Index report
2020 by Ben Jennings: Is Alexa censoring the news or is it just that bad? A new cartoon from the award-winning illustrator
Will the centre hold by Michella Oré? They voted for Trump in 2016 because their voices were not being heard. How does middle America feel today?
Who Speaks for Iowa by Jan Fox? The owner of a small-town radio station talks about feeling ignored in the rural USA[/vc_column_text][/vc_column][/vc_row][vc_row][vc_column][vc_custom_heading text=”Culture”][/vc_column][/vc_row][vc_row][vc_column][vc_column_text]Past imperfect by Lisa Appignanesi: The award-winning writer speaks to Rachael Jolley about the inspiration for her new short story, written exclusively for Index, which looks at the idea of ageing, and disappearing memories, and how it plays out during lockdown
The history man by Xue Yiwei: One of China’s most widely read writers discusses a childhood memory of being punished for singing, alongside his short story, published in English for the first time here
Four more years by Mark Frary? Analysis of the upcoming US election looking at the media, plus a new satirical short story by Kaya Genç in which a dog considers Trump’s re-election hopes
Speech patterns by Abraham Zere: The Eritrean writer on escaping one of the world’s most censored countries and now living in Trump’s USA. Plus a new short story of his[/vc_column_text][/vc_column][/vc_row][vc_row][vc_column][vc_custom_heading text=”Index around the world”][/vc_column][/vc_row][vc_row][vc_column][vc_column_text]New tactics to close down speech by Orna Herr: The news editor at Rappler speaks to Index about legal threats against the media outlet’s CEO, Maria Ressa, plus a report on Index’s recent work[/vc_column_text][/vc_column][/vc_row][vc_row][vc_column][vc_custom_heading text=”End Note “][/vc_column][/vc_row][vc_row][vc_column][vc_column_text]Spraying discontent by Jemimah Steinfeld: With museums closed some of the most powerful art is on the streets. Index speaks to the world’s street artists on why it is suddenly a popular form of protest[/vc_column_text][/vc_column][/vc_row]
19 Dec 2018 | Americas, Awards, Fellowship, Fellowship 2018, Honduras, News
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2018 Freedom of Expression Journalism Award-winner and 2018 Journalism Fellow Honduran investigative journalist Wendy Funes at the 2018 Index on Censorship Freedom of Expression Awards (Photo: Elina Kansikas)
“Violence is a way of keeping society under control because a lot of what people do or don’t do is a reaction to fear,” Wendy Funes, winner of the 2018 Index on Censorship Freedom of Expression Awards Fellowship for Journalism, tells Index on Censorship. “It becomes an indirect method of control, not just over society, but journalism as well.”
Funes worries this kind of violence has become “normalised” in Honduras and says the shooting and wounding of journalist Geovanny Sierra — who has survived numerous attempts on his life — by military police while covering protests of electoral fraud in late November is just the latest example. The Honduran authorities issued a statement saying that law enforcement was attacked first, which is why they started shooting. “With this they have justified the crime,” Funes says, adding that nothing is being done about the attacks on journalists in the country: “The most terrible thing is the impunity that exists because if something like this happened in another country it would a scandal, but here it is already forgotten.”
Funes is no stranger to covering either corruption or protest and has had her own brushes with heavy-handed state forces, although she says for the most part she has been lucky. “I’ve had training opportunities in self-protection and security,” she says. “I am also very cautious — I try to plan my routes and if I go inter dangerous areas, I try to have a safety protocol, to have alliances with civil society groups, so if something happens to me I can let them know.”
Recently, Funes’ investigative website Reporteros de Investigacion has been focusing on issues such as human trafficking, violence against student protesters, femicide and the high-level cocaine trafficking case involving Juan Antonio Hernández, brother of Honduran president Juan Orlando Hernández. The website has also been covering the caravan of people fleeing persecution, poverty and violence in the country. “They are facing a very cruel situation,” Funes says.
Honduran migrant Daniel Portillo
Although Reporteros de Investigacion doesn’t have the resources to cross the border, it has been working closely with some of those who have fled, such as 25-year-old Daniel Portillo, who left Honduras in search of the “American dream”. Portillo is now in Mexico. “He has found someone who works with migrants and helps migrants,” Funes, who first met him when she was covering protests in San Pedro Sula, a city in the northwest of Honduras, said. “He is a young person with a lot of leadership qualities, a lot of desire to advocate for other young people.”
While in Honduras Portillo organised sports tournaments in an area controlled by the criminal gang MS-13. “He resisted joining the gang,” Funes says. “He was always trying to negotiate with them so that he could help other young people so they wouldn’t get into drugs or alcohol.”
Writing in Reporteros de Investigacion, Portillo explains the difficulty of explaining to his young daughter that he left so she could have a better future: “If God allows it, we will see each other again or else, I am writing this letter to you in case unfortunately they killed me on the way and buried me; my heart is that of a warrior and I will continue forward, whatever happens, my mother suffers for my departure.”
“He told me that he has seen many people carved up since he was a child,” Funes tells Index. “Violence weighed on his psyche and made him very vulnerable young person. He told me that he looked for employment in Honduras, and when he could not find he decided to migrate with the caravan.”
It is such vulnerability that makes poor Hondurans so susceptible to human trafficking. “It’s like Russian roulette,” Funes says. “I have come to realise that there are many Hondurans who have an eagerness to migrate to the USA, but have ended up staying in countries like El Salvador, Guatemala, Mexico and Belize and have become victims of sexual exploitation, domestic service and forced matrimonies as they flee from gangs and narco-politics. Some of the people who have left come back mutilated because they lose limbs on the trains.”
For those that do make it to the USA, they face discrimination, but at least they have the opportunity for better salaries, with which they can send money to their families struggling back home, Funes says. These remittances play a key role in sustaining the Honduran economy. In May 2018 Hondurans abroad sent back an all-time high of $456.2 million in a single month.
While Funes would like to see more Hondurans stay at home, not only to avoid the very real risks that come with being a migrant, but also to fight for real change, she is all too aware of why people choose instead to leave. “You have to work five times harder than a corrupt individual to be able to sustain yourself and get ahead in Honduras. This economic model displaces the most vulnerable individuals.”
Much of what Funes and her team do over the next year will be geared towards her dream of founding a centre of investigative journalism, including training journalists and students with the help of Factum magazine in El Salvador. “This will bring together many different journalists who want to transform Honduras with investigative journalism,” Funes says.
With a grant from the National Endowment for Democracy, Funes and her team will also work on a project called Sembrando el Periodismo de Investigación en Honduras (Sowing Investigative Journalism In Honduras), which will involve four major investigations over the course of 2019.
“Many of the things that I dreamt of happening one day, in an idealistic way, have become reality, all thanks to Index,” Funes adds. “Solidarity, love and friendship are really the things that can move this world, and that is what Index is made of with all of the support they have extended to me.”
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26 Oct 2018 | Campaigns -- Featured, Saudi Arabia, Statements
Saudi journalist, Global Opinions columnist for the Washington Post, and former editor-in-chief of Al-Arab News Channel Jamal Khashoggi offers remarks during POMED’s “Mohammed bin Salman’s Saudi Arabia: A Deeper Look”. March 21, 2018, Project on Middle East Democracy (POMED), Washington, DC.
Recognising the fundamental right to express our views, free from repression, we the undersigned civil society organisations call on the international community, including the United Nations, multilateral and regional institutions as well as democratic governments committed to the freedom of expression, to take immediate steps to hold Saudi Arabia accountable for grave human rights violations. The murder of Saudi journalist Jamal Ahmad Khashoggi in the Saudi Consulate in Istanbul on 2 October is only one of many gross and systematic violations committed by the Saudi authorities inside and outside the country. As the International Day to End Impunity for Crimes against Journalists approaches on 2 November, we strongly echo calls for an independent investigation into Khashoggi’s murder, in order to hold those responsible to account.
This case, coupled with the rampant arrests of human rights defenders, including journalists, scholars and women’s rights activists; internal repression; the potential imposition of the death penalty on demonstrators; and the findings of the UN Group of Eminent Experts report which concluded that the Coalition, led by Saudi Arabia, have committed acts that may amount to international crimes in Yemen, all demonstrate Saudi Arabia’s record of gross and systematic human rights violations. Therefore, our organisations further urge the UN General Assembly to suspend Saudi Arabia from the UN Human Rights Council (HRC), in accordance with operative paragraph 8 of the General Assembly resolution 60/251.
Saudi Arabia has never had a reputation for tolerance and respect for human rights, but there were hopes that as Crown Prince Mohammed Bin Salman rolled out his economic plan (Vision 2030), and finally allowed women to drive, there would be a loosening of restrictions on women’s rights, and freedom of expression and assembly. However, prior to the driving ban being lifted in June, women human rights defenders received phone calls warning them to remain silent. The Saudi authorities then arrested dozens of women’s rights defenders (both female and male) who had been campaigning against the driving ban. The Saudi authorities’ crackdown against all forms of dissent has continued to this day.
Khashoggi criticised the arrests of human rights defenders and the reform plans of the Crown Prince, and was living in self-imposed exile in the US. On 2 October 2018, Khashoggi went to the Consulate in Istanbul with his fiancée to complete some paperwork, but never came out. Turkish officials soon claimed there was evidence that he was murdered in the Consulate, but Saudi officials did not admit he had been murdered until more than two weeks later.
It was not until two days later, on 20 October, that the Saudi public prosecution’s investigation released findings confirming that Khashoggi was deceased. Their reports suggested that he died after a “fist fight” in the Consulate, and that 18 Saudi nationals have been detained. King Salman also issued royal decrees terminating the jobs of high-level officials, including Saud Al-Qahtani, an advisor to the royal court, and Ahmed Assiri, deputy head of the General Intelligence Presidency. The public prosecution continues its investigation, but the body has not been found.
Given the contradictory reports from Saudi authorities, it is essential that an independent international investigation is undertaken.
On 18 October, the Committee to Protect Journalists (CPJ), Human Rights Watch, Amnesty International, and Reporters Without Borders (RSF) called on Turkey to request that UN Secretary-General Antonio Guterres establish a UN investigation into the extrajudicial execution of Khashoggi.
On 15 October 2018, David Kaye, the UN Special Rapporteur on freedom of expression, and Dr. Agnès Callamard, the UN Special Rapporteur on summary executions, called for “an independent investigation that could produce credible findings and provide the basis for clear punitive actions, including the possible expulsion of diplomatic personnel, removal from UN bodies (such as the Human Rights Council), travel bans, economic consequences, reparations and the possibility of trials in third states.”
We note that on 27 September, Saudi Arabia joined consensus at the UN HRC as it adopted a new resolution on the safety of journalists (A/HRC/Res/39/6). We note the calls in this resolution for “impartial, thorough, independent and effective investigations into all alleged violence, threats and attacks against journalists and media workers falling within their jurisdiction, to bring perpetrators, including those who command, conspire to commit, aid and abet or cover up such crimes to justice.” It also “[u]rges the immediate and unconditional release of journalists and media workers who have been arbitrarily arrested or arbitrarily detained.”
Khashoggi had contributed to the Washington Post and Al-Watan newspaper, and was editor-in-chief of the short-lived Al-Arab News Channel in 2015. He left Saudi Arabia in 2017 as arrests of journalists, writers, human rights defenders and activists began to escalate. In his last column published in the Washington Post, he criticised the sentencing of journalist Saleh Al-Shehi to five years in prison in February 2018. Al-Shehi is one of more than 15 journalists and bloggers who have been arrested in Saudi Arabia since September 2017, bringing the total of those in prison to 29, according to RSF, while up to 100 human rights defenders and possibly thousands of activists are also in detention according to the Gulf Centre for Human Rights (GCHR) and Saudi partners including ALQST. Many of those detained in the past year had publicly criticised reform plans related to Vision 2030, noting that women would not achieve economic equality merely by driving.
Another recent target of the crackdown on dissent is prominent economist Essam Al-Zamel, an entrepreneur known for his writing about the need for economic reform. On 1 October 2018, the Specialised Criminal Court (SCC) held a secret session during which the Public Prosecution charged Al-Zamel with violating the Anti Cyber Crime Law by “mobilising his followers on social media.” Al-Zamel criticised Vision 2030 on social media, where he had one million followers. Al-Zamel was arrested on 12 September 2017 at the same time as many other rights defenders and reformists.
The current unprecedented targeting of women human rights defenders started in January 2018 with the arrest of Noha Al-Balawi due to her online activism in support of social media campaigns for women’s rights such as (#Right2Drive) or against the male guardianship system (#IAmMyOwnGuardian). Even before that, on 10 November 2017, the SCC in Riyadh sentenced Naimah Al-Matrod to six years in jail for her online activism.
The wave of arrests continued after the March session of the HRC and the UN Committee on the Elimination of Discrimination against Women (CEDAW) published its recommendations on Saudi Arabia. Loujain Al-Hathloul, was abducted in the Emirates and brought to Saudi Arabia against her will on 15 May 2018; followed by the arrest of Dr. Eman Al-Nafjan, founder and author of the Saudiwoman’s Weblog, who had previously protested the driving ban; and Aziza Al-Yousef, a prominent campaigner for women’s rights.
Four other women’s human rights defenders who were arrested in May 2018 include Dr. Aisha Al-Manae, Dr. Hessa Al-Sheikh and Dr. Madeha Al-Ajroush, who took part in the first women’s protest movement demanding the right to drive in 1990; and Walaa Al-Shubbar, a young activist well-known for her campaigning against the male guardianship system. They are all academics and professionals who supported women’s rights and provided assistance to survivors of gender-based violence. While they have since been released, all four women are believed to be still facing charges.
On 6 June 2018, journalist, editor, TV producer and woman human rights defender Nouf Abdulaziz was arrested after a raid on her home. Following her arrest, Mayya Al-Zahrani published a letter from Abdulaziz, and was then arrested herself on 9 June 2018, for publishing the letter.
On 27 June 2018, Hatoon Al-Fassi, a renowned scholar, and associate professor of women’s history at King Saud University, was arrested. She has long been advocating for the right of women to participate in municipal elections and to drive, and was one of the first women to drive the day the ban was lifted on 24 June 2018.
Twice in June, UN special procedures called for the release of women’s rights defenders. On 27 June 2018, nine independent UN experts stated, “In stark contrast with this celebrated moment of liberation for Saudi women, women’s human rights defenders have been arrested and detained on a wide scale across the country, which is truly worrying and perhaps a better indication of the Government’s approach to women’s human rights.” They emphasised that women human rights defenders “face compounded stigma, not only because of their work as human rights defenders, but also because of discrimination on gender grounds.”
Nevertheless, the arrests of women human rights defenders continued with Samar Badawi and Nassima Al-Sadah on 30 July 2018. They are being held in solitary confinement in a prison that is controlled by the Presidency of State Security, an apparatus established by order of King Salman on 20 July 2017. Badawi’s brother Raif Badawi is currently serving a 10-year prison sentence for his online advocacy, and her former husband Waleed Abu Al-Khair, is serving a 15-year sentence. Abu Al-Khair, Abdullah Al-Hamid, and Mohammad Fahad Al-Qahtani (the latter two are founding members of the Saudi Civil and Political Rights Association – ACPRA) were jointly awarded the Right Livelihood Award in September 2018. Yet all of them remain behind bars.
Relatives of other human rights defenders have also been arrested. Amal Al-Harbi, the wife of prominent activist Fowzan Al-Harbi, was arrested by State Security on 30 July 2018 while on the seaside with her children in Jeddah. Her husband is another jailed member of ACPRA. Alarmingly, in October 2018, travel bans were imposed against the families of several women’s rights defenders, such as Aziza Al-Yousef, Loujain Al-Hathloul and Eman Al-Nafjan.
In another alarming development, at a trial before the SCC on 6 August 2018, the Public Prosecutor called for the death penalty for Israa Al-Ghomgam who was arrested with her husband Mousa Al-Hashim on 6 December 2015 after they participated in peaceful protests in Al-Qatif. Al-Ghomgam was charged under Article 6 of the Cybercrime Act of 2007 in connection with social media activity, as well as other charges related to the protests. If sentenced to death, she would be the first woman facing the death penalty on charges related to her activism. The next hearing is scheduled for 28 October 2018.
The SCC, which was set up to try terrorism cases in 2008, has mostly been used to prosecute human rights defenders and critics of the government in order to keep a tight rein on civil society.
On 12 October 2018, UN experts again called for the release of all detained women human rights defenders in Saudi Arabia. They expressed particular concern about Al-Ghomgam’s trial before the SCC, saying, “Measures aimed at countering terrorism should never be used to suppress or curtail human rights work.” It is clear that the Saudi authorities have not acted on the concerns raised by the special procedures – this non-cooperation further brings their membership on the HRC into disrepute.
Many of the human rights defenders arrested this year have been held in incommunicado detention with no access to families or lawyers. Some of them have been labelled traitors and subjected to smear campaigns in the state media, escalating the possibility they will be sentenced to lengthy prison terms. Rather than guaranteeing a safe and enabling environment for human rights defenders at a time of planned economic reform, the Saudi authorities have chosen to escalate their repression against any dissenting voices.
Our organisations reiterate our calls to the international community to hold Saudi Arabia accountable and not allow impunity for human rights violations to prevail.
We call on the international community, and in particular the UN, to:
- Take action to ensure there is an international, impartial, prompt, thorough, independent and effective investigation into the murder of journalist Jamal Ahmad Khashoggi;
- Ensure Saudi Arabia be held accountable for the murder of Khashoggi and for its systematic violations of human rights;
- Call a Special Session of the Human Rights Council on the recent wave of arrests and attacks against journalists, human rights defenders and other dissenting voices in Saudi Arabia;
- Take action at the UN General Assembly to suspend Saudi Arabia’s membership of the Human Rights Council; and
- Urge the government of Saudi Arabia to implement the below recommendations.
We call on the authorities in Saudi Arabia to:
- Produce the body of Jamal Ahmad Khashoggi and invite independent international experts to oversee investigations into his murder; cooperate with all UN mechanisms; and ensure that those responsible for his death, including those who hold command responsibility, are brought to justice;
- Immediately quash the convictions of all human rights defenders, including women and men advocating for gender equality, and drop all charges against them;
- Immediately and unconditionally release all human rights defenders, writers, journalists and prisoners of conscience in Saudi Arabia whose detention is a result of their peaceful and legitimate work in the promotion and protection of human rights including women’s rights;
- Institute a moratorium on the death penalty; including as punishment for crimes related to the exercise of rights to freedom of opinion and expression, and peaceful assembly;
- Guarantee in all circumstances that all human rights defenders and journalists in Saudi Arabia are able to carry out their legitimate human rights activities and public interest reporting without fear of reprisal;
- Immediately implement the recommendations made by the UN Group of Eminent Experts on Yemen; and
- Ratify the International Covenant on Civil and Political Rights, and bring all national laws limiting the rights to freedom of expression, peaceful assembly and association into compliance with international human rights standards.
Signed,
Access Now
Action by Christians for the Abolition of Torture (ACAT) – France
Action by Christians for the Abolition of Torture (ACAT) – Germany
Al-Marsad – Syria
ALQST for Human Rights
ALTSEAN-Burma
Americans for Democracy & Human Rights in Bahrain (ADHRB)
Amman Center for Human Rights Studies (ACHRS) – Jordan
Amman Forum for Human Rights
Arabic Network for Human Rights Information (ANHRI)
Armanshahr/OPEN ASIA
ARTICLE 19
Asian Forum for Human Rights and Development (FORUM-ASIA)
Asian Human Rights Commission (AHRC)
Asociación Libre de Abogadas y Abogados (ALA)
Association for Freedom of Thought and Expression (AFTE)
Association for Human Rights in Ethiopia (AHRE)
Association malienne des droits de l’Homme (AMDH)
Association mauritanienne des droits de l’Homme (AMDH)
Association nigérienne pour la défense des droits de l’Homme (ANDDH)
Association of Tunisian Women for Research on Development
Association for Women’s Rights in Development (AWID)
Awan Awareness and Capacity Development Organization
Bahrain Institute for Rights and Democracy (BIRD)
Bureau for Human Rights and the Rule of Law – Tajikistan
Cairo Institute for Human Rights Studies (CIHRS)
Cambodian League for the Promotion and Defense of Human Rights (LICADHO)
Canadian Center for International Justice
Caucasus Civil Initiatives Center (CCIC)
Center for Civil Liberties – Ukraine
Center for Prisoners’ Rights
Center for the Protection of Human Rights “Kylym Shamy” – Kazakhstan
Centre oecuménique des droits de l’Homme (CEDH) – Haïti
Centro de Políticas Públicas y Derechos Humanos (EQUIDAD) – Perú
Centro para la Acción Legal en Derechos Humanos (CALDH) – Guatemala
Citizen Center for Press Freedom
Citizens’ Watch – Russia
CIVICUS
Civil Society Institute (CSI) – Armenia
Code Pink
Columbia Law School Human Rights Clinic
Comité de acción jurídica (CAJ) – Argentina
Comisión Ecuménica de Derechos Humanos (CEDHU) – Ecuador
Comisión Nacional de los Derechos Humanos – Dominican Republic
Committee on the Administration of Justice (CAJ) -Northern Ireland
Committee to Protect Journalists
Committee for Respect of Liberties and Human Rights in Tunisia
Damascus Center for Human Rights in Syria
Danish PEN
DITSHWANELO – The Botswana Center for Human Rights
Dutch League for Human Rights (LvRM)
Election Monitoring and Democracy Studies Center – Azerbaijan
English PEN
European Centre for Democracy and Human Rights (ECDHR)
European Saudi Organisation for Human Rights (ESOHR)
FIDH within the framework of the Observatory for the protection of human rights defenders
Finnish League for Human Rights
Freedom Now
Front Line Defenders
Fundación regional de asesoría en derechos humanos (INREDH) – Ecuador
Foundation for Human Rights Initiative (FHRI) – Uganda
Global Voices Advox
Groupe LOTUS (RDC)
Gulf Centre for Human Rights (GCHR)
Hellenic League for Human Rights (HLHR)
Human Rights Association (IHD) – Turkey
Human Rights Center (HRCIDC) – Georgia
Human Rights Center “Viasna” – Belarus
Human Rights Commission of Pakistan
Human Rights Concern (HRCE) – Eritrea
Human Rights in China
Human Rights Center Memorial
Human Rights Movement “Bir Duino Kyrgyzstan”
Human Rights Sentinel
IFEX
Index on Censorship
Initiative for Freedom of Expression (IFoX) – Turkey
Institut Alternatives et Initiatives citoyennes pour la Gouvernance démocratique (I-AICGD) – DR Congo
International Center for Supporting Rights and Freedoms (ICSRF) – Switzerland
Internationale Liga für Menscherechte
International Human Rights Organisation “Fiery Hearts Club” – Uzbekistan
International Legal Initiative (ILI) – Kazakhstan
International Media Support (IMS)
International Partnership for Human Rights (IPHR)
International Press Institute
International Service for Human Rights (ISHR)
Internet Law Reform and Dialogue (iLaw)
Iraqi Association for the Defense of Journalists’ Rights
Iraqi Hope Association
Italian Federation for Human Rights (FIDH)
Justice for Iran
Karapatan – Philippines
Kazakhstan International Bureau for Human Rights and the Rule of Law
Khiam Rehabilitation Center for Victims of Torture
KontraS
Latvian Human Rights Committee
Lao Movement for Human Rights
Lawyers’ Rights Watch Canada
League for the Defense of Human Rights in Iran (LDDHI)
Legal Clinic “Adilet” – Kyrgyzstan
Ligue algérienne de défense des droits de l’Homme (LADDH)
Ligue centrafricaine des droits de l’Homme
Ligue des droits de l’Homme (LDH) Belgium
Ligue des Electeurs (LE) – DRC
Ligue ivoirienne des droits de l’Homme (LIDHO)
Ligue sénégalaise des droits humains (LSDH)
Ligue tchadienne des droits de l’Homme (LTDH)
Maison des droits de l’Homme (MDHC) – Cameroon
Maharat Foundation
MARUAH – Singapore
Middle East and North Africa Media Monitoring Observatory
Monitoring Committee on Attacks on Lawyers, International Association of People’s Lawyers (IAPL)
Movimento Nacional de Direitos Humanos (MNDH) – Brasil
Muslims for Progressive Values
Mwatana Organization for Human Rights
National Syndicate of Tunisian Journalists
No Peace Without Justice
Norwegian PEN
Odhikar
Open Azerbaijan Initiative
Organisation marocaine des droits humains (OMDH)
People’s Solidarity for Participatory Democracy (PSPD)
People’s Watch
PEN America
PEN Canada
PEN International
PEN Lebanon
PEN Québec
Promo-LEX – Moldova
Public Foundation – Human Rights Center “Kylym Shamy” – Kyrgyzstan
Rafto Foundation for Human Rights
RAW in WAR (Reach All Women in War)
Reporters Without Borders (RSF)
Right Livelihood Award Foundation
Robert F. Kennedy Human Rights
Sahrawi Media Observatory to document human rights violations
SALAM for Democracy and Human Rights (SALAM DHR)
Scholars at Risk (SAR)
Sham Center for Democratic Studies and Human Rights in Syria
Sisters’ Arab Forum for Human Rights (SAF) – Yemen
Solicitors International Human Rights Group
Syrian Center for Legal Studies and Research
Syrian Center for Media and Freedom of Expression (SCM)
Tanmiea – Iraq
Tunisian Association to Defend Academic Values
Tunisian Association to Defend Individual Rights
Tunisian Association of Democratic Women
Tunis Center for Press Freedom
Tunisian Forum for Economic and Social Rights
Tunisian League to Defend Human Rights
Tunisian Organization against Torture
Urgent Action Fund for Women’s Human Rights (UAF)
Urnammu
Vietnam Committee on Human Rights
Vigdis Freedom Foundation
Vigilance for Democracy and the Civic State
Women Human Rights Defenders International Coalition
Women’s Center for Culture & Art – United Kingdom
World Association of Newspapers and News Publishers (WAN-IFRA)
World Organisation Against Torture (OMCT) within the framework of the Observatory for the protection of human rights defenders
Yemen Center for Human Rights
Zimbabwe Human Rights Association (ZimRights)
17Shubat For Human Rights
