Ruth Smeeth: “From Ethiopia to Hong Kong, we will not abandon you”

from Turkey to Poland, Brazil to Kashmir, the most stark has been the appalling attack on human rights in Hong Kong. The Chinese government has dealt a fatal blow to the “one country, two systems” pledge. In the hours that followed the government enacting its new National Security Law for Hong Kong, hundreds of people deleted their social media accounts for fear of arrest. Pro-democracy campaigners have shut up shop in the fear of life imprisonment and journalists on the ground are under huge pressure to curtail their reports.

In spite of the very real threat of arrest, however, thousands of people have taken to the streets to demand their human rights to free association, to free speech and to a life lived without fear of tyranny. Their actions, their bravery and their determination should inspire us all and I’d urge you to read the words of our correspondent from Hong Kong, Tammy Lai-Ming Ho. Events in Hong Kong need to generate more than just a hashtag – we need action from our governments. And we all must stand with Hong Kong.

As events developed in Hong Kong other national leaders were also moving against their populations. On Monday, the Ethiopian musician and activist Haacaaluu Hundeessaa was murdered. Hundeessaa’s music provided the living soundtrack to the protest movement that led to the former prime minister’s resignation. In the hours that followed Hundeessaa’s murder 80 people were killed and the government deployed the military in order to restrict protest and limit access to Hundeessaa’s funeral. They have also switched off access to the internet (again) to stop people telling their stories.

It is easy for us to miss the people behind these events. And in a world where oppression is becoming all too common, sustaining our anger to support one cause when the next outrage is reported can be difficult. But we cannot and will not abandon those who have shown such bravery in the face of brute force and institutional power.

Index was created to be “a voice for the persecuted” and with you we will keep being exactly that.  Providing a platform for the voiceless and shining a light on repressive regimes wherever they may be

Ruth Smeeth: “From Ethiopia to Hong Kong, we will not abandon you”

[vc_row][vc_column][vc_single_image image=”114148″ img_size=”full” add_caption=”yes” alignment=”center”][vc_column_text]Following the news this week has been harrowing. Beyond the ongoing awful deaths from Covid-19 and the daily redundancy notices we also now have some governments turning against their citizens. Free speech around the world, or rather the restrictions on it, have dominated nearly every news cycle and behind each report there have been inspiring personal stories of immense bravery in standing up against repression.

While there have been government orchestrated or sanctioned attacks on free speech across the globe, from Turkey to Poland, Brazil to Kashmir, the most stark has been the appalling attack on human rights in Hong Kong. The Chinese government has dealt a fatal blow to the “one country, two systems” pledge. In the hours that followed the government enacting its new National Security Law for Hong Kong, hundreds of people deleted their social media accounts for fear of arrest. Pro-democracy campaigners have shut up shop in the fear of life imprisonment and journalists on the ground are under huge pressure to curtail their reports.

In spite of the very real threat of arrest, however, thousands of people have taken to the streets to demand their human rights to free association, to free speech and to a life lived without fear of tyranny. Their actions, their bravery and their determination should inspire us all and I’d urge you to read the words of our correspondent from Hong Kong, Tammy Lai-Ming Ho. Events in Hong Kong need to generate more than just a hashtag – we need action from our governments. And we all must stand with Hong Kong.

As events developed in Hong Kong other national leaders were also moving against their populations. On Monday, the Ethiopian musician and activist Haacaaluu Hundeessaa was murdered. Hundeessaa’s music provided the living soundtrack to the protest movement that led to the former prime minister’s resignation. In the hours that followed Hundeessaa’s murder 80 people were killed and the government deployed the military in order to restrict protest and limit access to Hundeessaa’s funeral. They have also switched off access to the internet (again) to stop people telling their stories.

It is easy for us to miss the people behind these events. And in a world where oppression is becoming all too common, sustaining our anger to support one cause when the next outrage is reported can be difficult. But we cannot and will not abandon those who have shown such bravery in the face of brute force and institutional power.

Index was created to be “a voice for the persecuted” and with you we will keep being exactly that.  Providing a platform for the voiceless and shining a light on repressive regimes wherever they may be.[/vc_column_text][/vc_column][/vc_row][vc_row][vc_column][three_column_post title=”Essential reading” full_width_heading=”true” category_id=”581″][/vc_column][/vc_row]

Was Hong Kong’s biggest ever protest in vain?

[vc_row][vc_column][vc_single_image image=”113563″ img_size=”full” add_caption=”yes”][/vc_column][/vc_row][vc_row][vc_column][vc_column_text]An extraordinary event in the history of not just Hong Kong but of the world took place exactly one year ago. A massive crowd, which according to some estimates was around two million strong, marched through the streets of the most cosmopolitan city on the China coast to call for the withdrawal of a proposed extradition bill that many felt would undermine the rule of law in Hong Kong. They also took action to express their anger at the brutality police had shown in dealing with a protest a few days before. And they demonstrated to show, more generally, that they were concerned that key features of local life that made the city different from its mainland neighbours, including greater freedom of speech and freedom of assembly, were under threat.

The marchers marched because they felt that the Chinese Communist Party leadership was failing to respect the second two words in the “One Country, Two System” framework that was supposed to structure relations between Beijing and Hong Kong for the first 50 years after the 1997 Handover that changed the latter from a British colony to a Special Administrative Region of the People’s Republic of China. Xi Jinping and company were failing to respect the promise that Hong Kong would enjoy a “high degree of autonomy” until 2047. The marchers marched because they felt that Hong Kong’s Chief Executive Carrie Lam, chosen through an election in which fewer than 2,000 local residents were eligible to vote, was aiding and abetting this process. She was, in fact, the one who was championing the hated extradition bill, which would allow activists to be taken over the border to stand trial on the mainland if Beijing wished this to happen.

What made the march extraordinary in world historical terms? Even in an era that is witnessing wave after wave of protest struggles, the size of the crowd was unusual. There are few if any examples of roughly a quarter of the members of a sizeable political community taking to the streets at once. Yet, as Hong Kong is home to fewer than eight million people, that is what happened on 16 June 2019.

To mark that anniversary, we are publishing an excerpt from the closing pages of Vigil: Hong Kong on the Brink, a work written by historian Jeffrey Wasserstrom, with contributions by the journalist Amy Hawkins. Published earlier this year by Columbia Global Reports, it places that massive mid-June march and related 2019 events into historical and comparative perspective.

Vigil – whose lead author has recently contributed both a short story and two commentaries to Index and spoke last year at an Index event on a panel with the Guardian’s Tania Branigan that focused on the 30th anniversary of Tiananmen – makes particularly fitting reading right now. This is because in recent weeks Beijing and its local allies have made their most disturbing moves yet to destroy what little is left of the “autonomy” Hong Kong was promised. Showing disrespect for the Chinese national anthem has been criminalised, for example; highly respected figures in the democracy movement known for consistently advocating moderate tactics have been arrested; and Beijing has announced it will impose a sweeping new anti-sedition law on Hong Kong.

Resistance continues. Activists face greater risks than ever, however, as mass arrests and police brutality have become routine. In line with arguments in Vigil, the Hong Kong democracy movement increasingly resembles the against-long-odds efforts to combat autocratic rule waged in Poland after martial law was imposed there late in 1981 or the protracted anti-colonial struggle against powerful, recalcitrant empires that have been carried out in many parts of the world.

***

Water by Jeffrey Wasserstrom

Hong Kong has long been a place with varied and deep associations with water. “Harbor” is the second term in its two-character name, coming after a word most often translated as “fragrant”. Fish and seafood figure centrally in the storied local cuisine. Hong Kong first gained economic importance due to its role as a hub of trade involving vessels that moved goods across rivers and seas. Humid air, mist, and the torrents of water that lash the city during typhoons are key parts of the local climate. Umbrellas served as protest symbols in 2014. While the city teetered on the brink in 2019, activists striving to create a new alternative world in the streets and in malls and in airport arrival and departure halls in the midst of scenes of destruction, urged one another to “be water,” to adapt their tactics continually to changing circumstances. To resemble “water” means to be flexible in one’s actions, going one place but quickly heading to another if there is too much resistance. The idea can be traced back to longstanding Chinese philosophical traditions, especially Daoism (though metaphors linked to water are important in Confucian texts as well). It has a more specific referent, though, to perhaps the most famous Hong Konger, martial artist and movie star Bruce Lee. “Don’t get set into one form, adapt it and build your own, and let it grow. Be like water,” he said. “Now water can flow, or it can crash! Be water, my friend.”

There’s also the metaphor of the hundred-year flood, the (inaccurate) myth that rivers overflow their banks once a century. Just as the 2019 protest movement was underway in Hong Kong, the author Adam Hochschild published a powerful essay about the parallels of American politics in the years 1919 and 2019. Hochschild conjured up the image of a very particular sort of hundred-year flood: the unleashing of ugly nativist rhetoric in America during the presidency of Woodrow Wilson, and now again during that of Donald Trump. Focusing as I have on the events treated in the preceding chapters on my mind, his essay set me wondering whether there were parallels and imperfect analogies linked to events of a century ago worth considering when trying to make sense of the current Hong Kong crisis. There are, I think—providing that we place the past of Shanghai, once the most cosmopolitan city on the China coast, beside Hong Kong’s present.

What exactly happened in that great port of the Yangzi Delta one hundred years ago? There was a dramatic series of protests in which young people took leading roles. There was a general strike. On the whole, the protesters behaved in peaceful ways, but there were some ugly incidents, during which they roughed up people they viewed as outsiders. One goal of the movement was to stop a widely disliked document from going into effect. The protesters directed much of their ire at government officials they viewed as immoral and too ready to do the bidding of men in a distant capital. They also called for the release of protesters who had been arrested and complained about police using too much force in dealing with demonstrators. The movement became in large part a fight for the right to speak out. The protests in the city were preceded by, built on, and expanded a repertoire of action developed during a series of earlier struggles, as some participants in the 1919 demonstrations had been part of shorter waves of activism in 1915 and 1918 and in some cases even in 1905. New tactics were added to the mix in 1919. So were new symbols: for example, a distinctive type of headwear became associated with the protests, as students eschewed wearing straw hats made in Japan for locally made cotton ones.

This analogy is far from perfect. The Shanghai protests of 1919 were part of a nationwide struggle, known as the May Fourth Movement, in honor of the day of the year’s first major demonstration, which took place in Beijing. The current crisis, by contrast, began and has stayed centered in Hong Kong, as did the 2014 Umbrella Movement before it. There have been many more arrests this year, and there were no paving stones thrown or fires set by activists in Shanghai a century ago. The document the protesters of 1919 disliked was not a local bill but an international accord: The Treaty of Versailles, the post–World War I agreement that they objected to because it passed control of former German possessions in Shandong Province to Japan rather than returning them to Chinese control. While one student died from the injuries he received at the hands of the police during the initial protest on May 4, 1919, many fewer demonstrators and bystanders were injured in any part of China one hundred years ago than have been injured in Hong Kong during 2019.

The protesters of 1919 even succeeded in gaining more concessions from the warlords in control of Beijing than those of 2019 have managed to secure. In the immediate wake of the Shanghai General Strike, which stands out as one of the most important of all May Fourth Movement collective actions, three officials that the students claimed were too cozy with Tokyo were removed from their positions and the protesters arrested in Beijing were released. The Chinese delegation to the Paris Peace Conference, who had a role in the proceedings as both China and Japan had come into World War I on the side of the Allies, refused to sign the Treaty of Versailles. These successes by the protesters help to explain why the May Fourth Movement has long been hailed in China as a triumphant struggle. By contrast, while Carrie Lam withdrew the extradition law in September, there have been no moves toward concession regarding the other key demands of the protesters. The authorities have not released those who have been arrested, appointed an independent commission to investigate allegations of police violence, nor retracted their description of early protests as “riots.” Lam has not resigned. There is no universal suffrage in Hong Kong.

But while the May Fourth Movement has a hallowed place in Chinese history now, it was for decades considered largely a failure. While the Chinese delegation to Paris refused to sign the Treaty of Versailles, the accord went into effect anyway. Former German territories in Shandong fell under Japanese control. The May Fourth activists were no more successful at preventing territory they cared about from going from the control of one colonial power to another. And the Japanese seizure of Shandong, which was preceded by its seizing of Korea and Taiwan, was followed in 1931 by Tokyo taking Manchuria and later moving further into China and other neighboring lands.

Japan asserted in many cases that it was not taking over territories, but freeing them from colonial rule, and allowing them to be governed at last by locals. They made this claim about Shanghai, proclaiming in the early 1940s that it was finally liberated from all forms of foreign control, even as Japanese troops and Chinese puppet officials control the city. They made this claim about Manchuria as they put Pu Yi, the ethnically Manchu former Last Emperor of the Qing Dynasty, on the throne, as a ruler beholden to Tokyo. They did not talk of a single empire with multiple systems, but rather of a Greater East Asian Co-Prosperity Sphere. Beijing, too, does not talk of having an empire, but its handling of Tibet and Xinjiang rhymes with Tokyo’s imperial approach. Beijing’s dreams for Hong Kong, which are nightmares to those on the streets, rhyme with Tokyo’s proclamations about Shanghai. The terms are new— “One Country, Two Systems,” “Greater Bay Area”—but when it comes to fantasies and raw power, there are disturbing echoes.

History does not repeat itself. In 1919, the Western powers actively aided Japan’s move into Shandong. Viewed within a hundred-year framework, the limited international concern about Hong Kong’s fate is deeply worrying. So, too, are the signals some world leaders, including Vladimir Putin and Donald J. Trump, have been sending to Xi Jinping during the current crisis, which convey a sense that whatever he does will be just fine with them, as long as it does not impinge on their plans for their own nations. Hundred-year floods can wreak many different kinds of damage.

Vigil: Hong Kong on the Brink was published in February 2020. To read more about the book click here[/vc_column_text][/vc_column][/vc_row]

Ending gag lawsuits in Europe

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The problem: gag lawsuits against public interest defenders

The EU must end gag lawsuits used to silence individuals and organisations that hold those in positions of power to account. Strategic Lawsuits Against Public Participation (SLAPP) are lawsuits brought forward by powerful actors (e.g. companies, public officials in their private capacity, high profile persons) to harass and silence those speaking out in the public interest. Typical victims are those with a watchdog role, for instance: journalists, activists, informal associations, academics, trade unions, media organisations and civil society organisations.[/vc_column_text][/vc_column][/vc_row][vc_row][vc_column width=”3/4″][vc_column_text]Recent examples of SLAPPs include PayPal suing SumOfUs for a peaceful protest outside PayPal’s German headquarters; co-owners of Malta’s Satabank suing blogger Manuel Delia for a blog post denouncing money laundering at Satabank; and Bollore Group suing Sherpa and ReAct in France to stop them from reporting human rights abuses in Cameroon. In Italy more than 6,000 or two-thirds of defamation lawsuits filed against journalists and media outlets annually are dismissed as meritless by a judge. When Maltese journalist Daphne Caruana Galizia was brutally killed, there were 47 SLAPPs pending against her.

(Index has recently published a comprehensive review of the laws being used to silence journalists – click on the report cover to the right to read it.)[/vc_column_text][/vc_column][vc_column width=”1/4″][vc_single_image image=”113782″ img_size=”full” onclick=”custom_link” img_link_target=”_blank” link=”https://www.indexoncensorship.org/campaigns/the-laws-being-used-to-silence-media/”][/vc_column][/vc_row][vc_row][vc_column][vc_column_text]SLAPPs are a threat to the EU legal order, and, in particular:

A threat to democracy and fundamental rights. The EU is founded on the rule of law and respect for human rights. SLAPPs impair the right to freedom of expression, to public participation and to assembly of those who speak out in the public interest, and have a chilling effect on the exercise of these rights by the community at large.

A threat to access to justice and judicial cooperation. Cross-border judicial cooperation relies on the principles of effective access to justice across the Union and mutual trust between legal systems. That trust must be based on the legally enforceable upholding of common values and minimum standards. To the extent that they distort and abuse the system of civil law remedies, SLAPPs undermine the mutual trust between EU legal systems: member states must be confident that rulings issued by other member states’ courts are not the result of abusive legal strategies and are adopted as the outcome of genuine proceedings.

A threat to the enforcement of EU law, including in connection to the internal market and the protection of the EU budget. The effective enforcement of EU law, including the proper
functioning of the internal market, depends on the scrutiny of the behaviour of individual entities by the EU, member states and – crucially – informed individuals. Watchdogs, be it media or civil society actors, play a key enforcement role. Therefore, the absence of a system which safeguards public scrutiny is a threat to the enforcement of EU law. The same reasoning applies to the management of EU programmes and budget, which cannot be monitored through the sole vigilance of the European Commission.

A threat to freedom of movement. The absence of rules to protect watchdogs from SLAPP has an impact on the exercise of the Treaty’s fundamental freedoms, since it affects the ability of media, civil society organisations and information services providers to confidently operate in jurisdictions where the risk of SLAPPs is higher, and discourages people from working for organisations where they can be the target of SLAPPs.

The solution: an EU set of anti-SLAPP measures

The EU can and must end SLAPPs by adopting the following complementary measures to protect all
those affected by SLAPPs:

1. An anti-SLAPP directive

An anti-SLAPP directive is needed to establish a Union-wide minimum standard of protection against SLAPPs, by introducing exemplary sanctions to be applied to claimants bringing abusive lawsuits, procedural safeguards for SLAPP victims, including special motions to contest the admissibility of certain claims and/or rules making the burden shifting to the plaintiff to demonstrate a reasonable probability of succeeding in such claims, as well as other types of preventive measures. The Whistle-Blower Directive sets an important precedent protecting those who report a breach of Union law in a work-related context. Now the EU must ensure a high standard of protection against gag lawsuits for everyone who speaks out – irrespective of the form and the context – in the public interest.

The legal basis for an anti-SLAPP directive is to be found in multiple provisions of the Treaty; for example, Article 114 TFEU on the proper functioning of the internal market, Article 81 TFEU on judicial cooperation and effective access to justice and Article 325 TFEU on combating fraudrelated to EU  programmes and budgets.

2. The reform of Brussels I and Rome II Regulations

Brussels I Regulation (recast) contains rules which grant claimants the ability to choose where to make a claim. This must be amended to end forum shopping in defamation cases, which forces defendants to hire and pay for defence in countries whose legal systems are unknown to them and where they are not based. This is beyond the means of most and falls foul of the principles of fair trial and equality of arms.

Rome II Regulation does not regulate which national law will apply to a defamation case. This allows claimants to select the most favourable substantive law and therefore leads to a race to the bottom. Today, victims may be subject to the lowest standard of freedom of expression applicable to their case.

3. Support all victims of SLAPPs

Funds are needed to morally and financially support all victims of SLAPPs, especially with legal defence. Justice Programme funds should be used to train judges and practitioners, and a system to publicly name and shame the companies that engage in SLAPPs, for example in an EU register, should be created.

Finally, the EU must ensure that the scope of anti-SLAPP measures include everybody affected by SLAPPs, including journalists, activists, trade unionists, academics, digital security researchers, human rights defenders, media and civil society organisations, among others.

This paper was signed by the following 116 organisations
Abalone Alliance Safe Energy Clearinghouse
Access Info Europe
Access Now
ActionAid International
Adéquations
Amigas de la Tierra
Amis de la Terre France
ANTICOR
ARTICLE 19
Association Justice and Environment, z.s.
Bruno Manser Fonds
Terre Solidaire (CCFD)
CEE Bankwatch Network
Centre for Free Expression
Citizens Network Watchdog Poland
Civil Liberties Union for Europe
Civil Rights Defenders
Civil Society Europe
Clean Air Action Group (Hungary)
Committee to Protect Journalists
Common Weal
Consumer Association the Quality of Life
(EKPIZO)
Corporate Europe Observatory
Defend Democracy
European Digital Rights (EDRi)
Electronic Frontier Foundation
Environmental Partnership Association
ePaństwo Foundation
Environmental Paper Network International
(EPN)
Estonian Forest Aid / Eesti Metsa Abiks
ETC Group
Eurocadres / Council of European Professional
and Managerial Staff
European Center for Not-for-Profit Law
European Centre for Press and Media Freedom
European Civic Forum
European Coalition for Corporate Justice
European Coordination Via Campesina
European Environmental Bureau (EEB)
European Federation of Journalists
European Federation of Public Service Unions
(EPSU)
European Trade Union Confederation (ETUC)
Fern
Fitug
Forest Initiatives and Communities
Forum Ökologie & Papier
FOUR PAWS International
Free Press Unlimited
Friends of the Earth Europe
Friends of the Earth Nuclear Network
Friends of the Siberian Forests
Fundacja Otwarty Plan
Fundacja Strefa Zieleni
Global Justice Ecology Project
GM Watch
Gong
Government Accountability Project
Green Light Foundation
Greenpeace EU Unit
Homo Digitalis
IFEX
Index on Censorship
Institute for Sustainable Development
Institute of Water Policy
International Corporate Accountability
Roundtable (ICAR)
International Press Institute (IPI)
Iraqi Journalists Right Defence Association
JEF Europe
Jordens Vänner
Journalismfund.eu
Justice Pesticides
Legal Human Academy
Maison des Lanceurs d’Alerte
Mighty Earth
Milieudefensie / Friends of the Earth
Netherlands
MultiWatch
NGO Neuer Weg
NGO Shipbreaking Platform
Nuclear Consulting Group
Ending Gag Lawsuits in Europe – Protecting Democracy and Fundamental Rights 4
Nuclear Transparency Watch
OGM dangers
On ne se taira pas (We will not remain silent)
Osservatorio Balcani e Caucaso Transeuropa
PEN International
Polish Ecological Club Mazovian Branch
Polish Ecological Club Pomeranian Branch
Polish Institute for Human Rights and Business
Protection International
RECLAIM
Reporters Without Borders
Rettet den Regenwald e.V.
Salva la Selva
Sciences Citoyennes
Sherpa
Society for Threatened Peoples Switzerland
SOLIDAR
SOMO
Stowarzyszenie Ekologiczno-Kulturalne
Wspólna Ziemia / Common Earth
SumOfUs
The Daphne Caruana Galizia Foundation
The Ethicos Group
The Good Lobby
The Signals Network
Transnational Institute
Transparency International EU
Umweltinstitut München e.V.
Vouliwatch
Vrijschrift
vzw Climaxi
Chceme zdravú krajinu / We want a healthy
country
WeMove Europe
Whistleblower Network Germany
Whistleblowing International Network (WIN)
WildLeaks / Earth League International
Women Engage for a Common Future (WECF)
XNet
Zielone Wiadomości[/vc_column_text][/vc_column][/vc_row]

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