18 Feb 2019 | Campaigns -- Featured, Digital Freedom, Digital Freedom Statements, Statements
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Index on Censorship welcomes a report by the House of Commons Digital, Culture, Media and Sport select committee into disinformation and fake news that calls for greater transparency on social media companies’ decision making processes, on who posts political advertising and on use of personal data. However, we remain concerned about attempts by government to establish systems that would regulate “harmful” content online given there remains no agreed definition of harm in this context beyond those which are already illegal.
Despite a number of reports, including the government’s Internet Safety Strategy green paper, that have examined the issue over the past year, none have yet been able to come up with a definition of harmful content that goes beyond definitions of speech and expression that are already illegal. DCMS recognises this in its report when it quotes the Secretary of State Jeremy Wright discussing “the difficulties surrounding the definition.” Despite acknowledging this, the report’s authors nevertheless expect “technical experts” to be able to set out “what constitutes harmful content” that will be overseen by an independent regulator.
International experience shows that in practice it is extremely difficult to define harmful content in such a way that would target only “bad speech”. Last year, for example, activists in Vietnam wrote an open letter to Facebook complaining that Facebook’s system of automatically pulling content if enough people complained could “silence human rights activists and citizen journalists in Vietnam”, while Facebook has shut down the livestreams of people in the United States using the platform as a tool to document their experiences of police violence.
“It is vital that any new system created for regulating social media protects freedom of expression, rather than introducing new restrictions on speech by the back door,” said Index on Censorship chief executive Jodie Ginsberg. “We already have laws to deal with harassment, incitement to violence, and incitement to hatred. Even well-intentioned laws meant to tackle hateful views online often end up hurting the minority groups they are meant to protect, stifle public debate, and limit the public’s ability to hold the powerful to account.”
The select committee report provides the example of Germany as a country that has legislated against harmful content on tech platforms. However, it fails to mention the German Network Reinforcement Act was legislating on content that was already considered illegal, nor the widespread criticism of the law that included the UN rapporteur on freedom of expression and groups such as Human Rights Watch. It also cites the fact that one in six of Facebook’s moderators now works in Germany as “practical evidence that legislation can work.”
“The existence of more moderators is not evidence that the laws work,” said Ginsberg. “Evidence would be if more harmful content had been removed and if lawful speech flourished. Given that there is no effective mechanism for challenging decisions made by operators, it is impossible to tell how much lawful content is being removed in Germany. But the fact that Russia, Singapore and the Philippines have all cited the German law as a positive example of ways to restrict content online should give us pause.”
Index has reported on various examples of the German law being applied incorrectly, including the removal of a tweet of journalist Martin Eimermacher criticising the double standards of tabloid newspaper Bild Zeitung and the blocking of the Twitter account of German satirical magazine Titanic. The Association of German Journalists (DJV) has said the Twitter move amounted to censorship, adding it had warned of this danger when the German law was drawn up.
Index is also concerned about the continued calls for tools to distinguish between “quality journalism” and unreliable sources, most recently in the Cairncross Review. While we recognise that the ability to do this as individuals and through education is key to democracy, we are worried that a reliance on a labelling system could create false positives, and mean that smaller or newer journalism outfits would find themselves rejected by the system.
About Index on Censorship
Index on Censorship is a UK-based nonprofit that campaigns against censorship and promotes free expression worldwide. Founded in 1972, Index has published some of the world’s leading writers and artists in its award-winning quarterly magazine, including Nadine Gordimer, Mario Vargas Llosa, Samuel Beckett and Kurt Vonnegut. Index promotes debate, monitors threats to free speech and supports individuals through its annual awards and fellowship programme.
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5 Dec 2018 | Artistic Freedom, Artists in Exile, News and features
[vc_row][vc_column][vc_single_image image=”104099″ img_size=”full”][vc_column_text]“If you want to make films in Burundi, you either self-censor and you remain in the country or if you don’t, you have to flee the country,” Eddy Munyaneza, a Burundian documentary filmmaker, told Index on Censorship.
Munyaneza became fascinated in the process of filmmaking at a young age, despite the lack of cinematic resources in Burundi.
He now is the man behind the camera and has released three documentaries since 2010, two of which have drawn the ire of the Burundian government and forced Munyaneza into exile.
His first documentary — Histoire d’une haine manquée — was released in 2010 and has received awards from international and African festivals. The film is based on his personal experience of the Burundian genocide of 1993, which took place after the assassination of the country’s first democratically elected Hutu president Ndadye Melchoir. It focuses on the compassionate actions he witnessed when his Hutu neighbours saved him and his Tutsi sisters from the mass killings that swept the country. The film launched Munyaneza’s career as a filmmaker.
Munyaneza was honoured by Burundi’s president Pierre Nkurunziza for his first film and his work was praised by government officials. But the accolades faded when he turned his camera toward Nkurunziza for his second film in 2016.
The film, Le Troisieme Vide, focused on the two-year political crisis and president’s mandate that followed Nkurunziza’s campaign for an unconstitutional third term in April 2015. During the following two years, between 500 and 2,000 people were tortured and killed, and 400,000 were exiled.
The filming of his second documentary was disrupted when Munyaneza started receiving death threats from the government’s secret service. He was forced to seek asylum in Belgium in 2016 for fear of his life. Through perseverance and passion, he quietly returned to Burundi in July 2016 and April 2017 to finish his short film.
Exile hasn’t affected Munyaneza’s work: in 2018 he released his third film, Lendemains incertains. It tells the stories of Burundians who have stayed or left the country during the 2015 political tension. He secretely returned to Burundi to capture additional footage for his new film, which premiered in Brussels at the Palace Cinema and several festivals.
“I lead a double life, my helplessness away from my loved ones, and the success of the film on the other,” he said. He continues to work in exile, but also works toward returning to Burundi to see his wife and kids who currently reside in a refugee camp in Rwanda, and to create film, photography and audio programs for aspiring Burundian filmmakers.
Gillian Trudeau from Index on Censorship spoke with Munyaneza about his award-winning documentaries and time in exile.
Index: In a country that doesn’t have an abundance of film or cinema resources, how did you become so passionate about filmmaking?
Munyaneza: I was born in a little village where there was no access to electricity or television. At the age of 7, I could go into town for Sunday worship. After the first service, I would go to the cinema in the centre of the town of Gitega. We watched American movies about the Vietnam war and karate films, as well as other action movies which are attractive to young people. After the film my friends and I would have debates about the reality and whether they had been filmed by satellites. I was always against that idea and told them that behind everything there was someone who was making the film, and I was curious to know how they did it. That’s why since that time I’ve been interested in the cinema. Unfortunately, in Burundi, there is no film school. After I finished school in 2002, I began to learn by doing. I was given the opportunity to work with a company called MENYA MEDIA which was getting into audiovisual production and I got training in lots of different things, cinema, writing, and I began to make promotional films. The more I worked, the more I learned.
Index: How would you characterise artistic freedom in Burundi today, and is that any different to when you were growing up?
Munyaneza: To be honest, Burundian cinema really got going with the arrival of digital in the 2000s. Before 2000 there was a feature film called Gito L’Ingrat which was shot in 1992 and directed by Lionce Ngabo and produced by Jacques Sando. After that, there were some productions by National Television and other documentary projects for TV made in-house by National Television. I won’t say that the artistic freedom in those days was so different from today. The evidence is that since those years, I can say after independence, there have not been Burundian filmmakers who have made films about Burundi (either fictional or factual). There were not really any Burundian films made by independent filmmakers between 1960 and 1990. The man who dared to make a film about the 1993 crisis, Kiza by Joseph Bitamba, was forced to go into exile, just as I have been forced to go into exile for my film about the events of 2015. So if you want to make films in Burundi, you either self-censor and you remain in the country or if you don’t, you have to flee the country.
Index: You began receiving threats after you made your second film, Le troisieme vide, in 2016. The film focused on the political crisis that followed the re-election of president Nkurunziza. Why do you think the film received such a reaction?
Munyaneza: Troisieme Vide is a short film which was my final project at the end of my masters in cinema at Saint Louis in Senegal. I knew that just making a film about the 2015 crisis would spark debate. Talking about the events which led to the 2015 crisis, caused by a president who ran for a third term, which he is not allowed to do by the constitution, I was sure that when this film came out I would have problems with the government. But I am not going to be silent like people who are older than me have done, who did not document what went on in Burundi from the 1960s, and have in effect just made the lie bigger. I want to escape this Burundian fate, to at least leave something for the generations to come.
Index: How did you come to the decision to leave Burundi and what did that feel like?
Munyaneza: Burundi is a beautiful country with a beautiful climate. My whole history is there – my family, my friends. It is too difficult to leave your history behind. The road into exile is something you are obliged to do. It’s not a decision, it’s a question of life or death.
Index: How is life in Belgium, being away from your wife and children?
Munyaneza: It is very difficult for me to continue to live far from my family ties. I miss my children. I remain in this state of powerlessness, unable to do anything for them, to educate them or speak to them. It is difficult to sleep without knowing under what roof they are sleeping.
Index: How has your time in exile affected your work?
Munyaneza: On the work front, there is the film which is making its way. It has been chosen for lots of festivals and awards. I have just got the prize (trophy) for best documentary at the African Movie Academy Award 2018. I was invited but I couldn’t go. I lead a double life, my helplessness away from my loved ones, and the success of the film on the other. I have been invited to several festivals to present my film, but I don’t have the right to leave the country because of my refugee status. I am under international protection here in Belgium.
Index: You have returned to your home country on several occasions to film footage for your films. What dangers are your putting yourself in by doing this? And what drives you to take these risks?
Munyaneza: I risked going back to Burundi in July 2016 and in April 2017 to finish my film. To be honest, I didn’t know how the film was going to end up and sometimes I believed that by negotiating with the politicians it could take end up differently. When you are outside (the country) you get lots of information both from pro-government people and from the opposition. The artist that I am I wanted to go and see for myself and film the situation as it was. Perhaps it was a little crazy on my part but I felt an obligation to do it.
Index: Your most recent film, Uncertain Endings, looks at the violence the country has faced since 2015. In it, you show the repression of peaceful protesters. Why are demonstrators treated in such a way and what does this say about the future of the country?
Munyaneza: The selection of Pierre Nkurunziza as the candidate for the Cndd-FDD after the party conference on 25 April provoked a wave of demonstrations in the country. The opposition and numerous civil society bodies judged that a third term for President Nkurinziza would be unconstitutional and against the Arusha accords which paved the way for the end of the long Burundian civil war (1993-2006). These young people are fighting to make sure these accords, which got the country out of a crisis and have stood for years, are followed. Unfortunately, because of this repression, we are back to where we started. In fact, we are returning to the cyclical crises which has been going on in Burundi since the 1960s. But what I learnt from the young people was that the Burundian problem was not based on ethnic divides as we were always told. There were both Hutu and Tutsi there, both taking part in defending the constitution and the Arusha accords. It is the politicians who are manipulating us.
Index: Do you hold out any hope of improvements in Burundi? Do you hope one day to be able to return to your home country?
Munyaneza: After the rain, the sun will reappear. Today it’s a little difficult, but I am sure that politicians will find a way of getting out of this crisis so that we can build this little country. I am sure that one day I’ll go back and make films about my society. I don’t just have to tell stories about the crisis. Burundi is so rich culturally, there are a lot of stories to tell in pictures.[/vc_column_text][vc_video link=”https://www.youtube.com/watch?v=mnGPlAd1to8&t=24s”][/vc_column][/vc_row][vc_row][vc_column][vc_basic_grid post_type=”post” max_items=”4″ element_width=”6″ grid_id=”vc_gid:1543844506394-837bd669-b5fd-5″ taxonomies=”29951, 15469″][/vc_column][/vc_row]
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
29 Aug 2018 | Bahrain, Bahrain Statements, Campaigns -- Featured, Statements
[vc_row][vc_column][vc_single_image image=”95198″ img_size=”full” add_caption=”yes”][vc_column_text]For the second time since 2013, the United Nations (UN) Working Group on Arbitrary Detention (WGAD) has issued an Opinion regarding the legality of the detention of Mr. Nabeel Rajab under international human rights law.
In its second opinion, the WGAD held that the detention was not only arbitrary but also discriminatory. The 127 signatory human rights groups welcome this landmark opinion, made public on 13 August 2018, recognising the role played by human rights defenders in society and the need to protect them. We call upon the Bahraini Government to immediately release Nabeel Rajab in accordance with this latest request.
In its Opinion (A/HRC/WGAD/2018/13), the WGAD considered that the detention of Mr. Nabeel Rajabcontravenes Articles 2, 3, 7, 9, 10, 11, 18 and 19 of the Universal Declaration on Human Rights and Articles 2, 9, 10, 14, 18, 19 and 26 of the International Covenant on Civil and Political Rights, ratified by Bahrain in 2006. The WGAD requested the Government of Bahrain to “release Mr. Rajab immediately and accord him an enforceable right to compensation and other reparations, in accordance with international law.”
This constitutes a landmark opinion as it recognises that the detention of Mr. Nabeel Rajab – President of the Bahrain Center for Human Rights (BCHR), Founding Director of the Gulf Centre for Human Rights (GCHR), Deputy Secretary General of FIDH and a member of the Human Rights Watch Middle East and North Africa Advisory Committee – is arbitrary and in violation of international law, as it results from his exercise of the right to freedom of opinion and expression as well as freedom of thought and conscience, and furthermore constitutes “discrimination based on political or other opinion, as well as on his status as a human rights defender.” Mr. Nabeel Rajab’s detention has therefore been found arbitrary under both categories II and V as defined by the WGAD.
Mr. Nabeel Rajab was arrested on 13 June 2016 and has been detained since then by the Bahraini authorities on several freedom of expression-related charges that inherently violate his basic human rights. On 15 January 2018, the Court of Cassation upheld his two-year prison sentence, convicting him of “spreading false news and rumors about the internal situation in the Kingdom, which undermines state prestige and status” – in reference to television interviews he gave in 2015 and 2016. Most recently on 5 June 2018, the Manama Appeals Court upheld his five years’ imprisonment sentence for “disseminating false rumors in time of war”; “offending a foreign country” – in this case Saudi Arabia; and for “insulting a statutory body”, in reference to comments made on Twitter in March 2015 regarding alleged torture in Jaw prison and criticising the killing of civilians in the Yemen conflict by the Saudi Arabia-led coalition. The Twitter case will next be heard by the Court of Cassation, the final opportunity for the authorities to acquit him.
The WGAD underlined that “the penalisation of a media outlet, publishers or journalists solely for being critical of the government or the political social system espoused by the government can never be considered to be a necessary restriction of freedom of expression,” and emphasised that “no such trial of Mr. Rajab should have taken place or take place in the future.” It added that the WGAD “cannot help but notice that Mr. Rajab’s political views and convictions are clearly at the centre of the present case and that the authorities have displayed an attitude towards him that can only be characterised as discriminatory.” The WGAD added that several cases concerning Bahrain had already been brought before it in the past five years, in which WGAD “has found the Government to be in violation of its human rights obligations.” WGAD added that “under certain circumstances, widespread or systematic imprisonment or other severe deprivation of liberty in violation of the rules of international law may constitute crimes against humanity.”
Indeed, the list of those detained for exercising their right to freedom of expression and opinion in Bahrain is long and includes several prominent human rights defenders, notably Mr. Abdulhadi Al-Khawaja, Dr.Abduljalil Al-Singace and Mr. Naji Fateel – whom the WGAD previously mentioned in communications to the Bahraini authorities.
Our organisations recall that this is the second time the WGAD has issued an Opinion regarding Mr. Nabeel Rajab. In its Opinion A/HRC/WGAD/2013/12adopted in December 2013, the WGAD already classified Mr. Nabeel Rajab’s detention as arbitrary as it resulted from his exercise of his universally recognised human rights and because his right to a fair trial had not been guaranteed (arbitrary detention under categories II and III as defined by the WGAD).The fact that over four years have passed since that opinion was issued, with no remedial action and while Bahrain has continued to open new prosecutions against him and others, punishing expression of critical views, demonstrates the government’s pattern of disdain for international human rights bodies.
To conclude, our organisations urge the Bahrain authorities to follow up on the WGAD’s request to conduct a country visit to Bahrain and to respect the WGAD’s opinion, by immediately and unconditionally releasing Mr. Nabeel Rajab, and dropping all charges against him. In addition, we urge the authorities to release all other human rights defenders arbitrarily detained in Bahrain and to guarantee in all circumstances their physical and psychological health.
This statement is endorsed by the following organisations:
1- ACAT Germany – Action by Christians for the Abolition of Torture
2- ACAT Luxembourg
3- Access Now
4- Acción Ecológica (Ecuador)
5- Americans for Human Rights and Democracy in Bahrain – ADHRB
6- Amman Center for Human Rights Studies – ACHRS (Jordania)
7- Amnesty International
8- Anti-Discrimination Center « Memorial » (Russia)
9- Arabic Network for Human Rights Information – ANHRI (Egypt)
10- Arab Penal Reform Organisation (Egypt)
11- Armanshahr / OPEN Asia (Afghanistan)
12- ARTICLE 19
13- Asociación Pro Derechos Humanos – APRODEH (Peru)
14- Association for Defense of Human Rights – ADHR
15- Association for Freedom of Thought and Expression – AFTE (Egypt)
16- Association marocaine des droits humains – AMDH
17- Bahrain Center for Human Rights
18- Bahrain Forum for Human Rights
19- Bahrain Institute for Rights and Democracy – BIRD
20- Bahrain Interfaith
21- Cairo Institute for Human Rights – CIHRS
22- CARAM Asia (Malaysia)
23- Center for Civil Liberties (Ukraine)
24- Center for Constitutional Rights (USA)
25- Center for Prisoners’ Rights (Japan)
26- Centre libanais pour les droits humains – CLDH
27- Centro de Capacitación Social de Panama
28- Centro de Derechos y Desarrollo – CEDAL (Peru)
29- Centro de Estudios Legales y Sociales – CELS (Argentina)
30- Centro de Políticas Públicas y Derechos Humanos – Perú EQUIDAD
31- Centro Nicaragüense de Derechos Humanos – CENIDH (Nicaragua)
32- Centro para la Acción Legal en Derechos Humanos – CALDH (Guatemala)
33- Citizen Watch (Russia)
34- CIVICUS : World Alliance for Citizen Participation
35- Civil Society Institute – CSI (Armenia)
36- Colectivo de Abogados « José Alvear Restrepo » (Colombia)
37- Collectif des familles de disparu(e)s en Algérie – CFDA
38- Comisión de Derechos Humanos de El Salvador – CDHES
39- Comisión Ecuménica de Derechos Humanos – CEDHU (Ecuador)
40- Comisión Nacional de los Derechos Humanos (Costa Rica)
41- Comité de Acción Jurídica – CAJ (Argentina)
42- Comité Permanente por la Defensa de los Derechos Humanos – CPDH (Colombia)
43- Committee for the Respect of Liberties and Human Rights in Tunisia – CRLDHT
44- Commonwealth Human Rights Initiative – CHRI (India)
45- Corporación de Defensa y Promoción de los Derechos del Pueblo – CODEPU (Chile)
46- Dutch League for Human Rights – LvRM
47- European Center for Democracy and Human Rights – ECDHR (Bahrain)
48- FEMED – Fédération euro-méditerranéenne contre les disparitions forcées
49- FIDH, in the framework of the Observatory for the Protection of Human Rights Defenders
50- Finnish League for Human Rights
51- Foundation for Human Rights Initiative – FHRI (Uganda)
52- Front Line Defenders
53- Fundación Regional de Asesoría en Derechos Humanos – INREDH (Ecuador)
54- Groupe LOTUS (DRC)
55- Gulf Center for Human Rights
56- Human Rights Association – IHD (Turkey)
57- Human Rights Association for the Assistance of Prisoners (Egypt)
58- Human Rights Center – HRIDC (Georgia)
59- Human Rights Center « Memorial » (Russia)
60- Human Rights Center « Viasna » (Belarus)
61- Human Rights Commission of Pakistan
62- Human Rights Foundation of Turkey
63- Human Rights in China
64- Human Rights Mouvement « Bir Duino Kyrgyzstan »
65- Human Rights Sentinel (Ireland)
66- Human Rights Watch
67- I’lam – Arab Center for Media Freedom, Development and Research
68- IFEX
69- IFoX Turkey – Initiative for Freedom of Expression
70- Index on Censorship
71- International Human Rights Organisation « Club des coeurs ardents » (Uzbekistan)
72- International Legal Initiative – ILI (Kazakhstan)
73- Internet Law Reform Dialogue – iLaw (Thaïland)
74- Institut Alternatives et Initiatives Citoyennes pour la Gouvernance Démocratique – I-AICGD (RDC)
75- Instituto Latinoamericano para una Sociedad y Derecho Alternativos – ILSA (Colombia)
76- Internationale Liga für Menschenrechte (Allemagne)
77- International Service for Human Rights – ISHR
78- Iraqi Al-Amal Association
79- Jousor Yemen Foundation for Development and Humanitarian Response
80- Justice for Iran
81- Justiça Global (Brasil)
82- Kazakhstan International Bureau for Human Rights and the Rule of Law
83- Latvian Human Rights Committee
84- Lawyers’ Rights Watch Canada
85- League for the Defense of Human Rights in Iran
86- League for the Defense of Human Rights – LADO Romania
87- Legal Clinic « Adilet » (Kyrgyzstan)
88- Liga lidských práv (Czech Republic)
89- Ligue burundaise des droits de l’Homme – ITEKA (Burundi)
90- Ligue des droits de l’Homme (Belgique)
91- Ligue ivoirienne des droits de l’Homme
92- Ligue sénégalaise des droits humains – LSDH
93- Ligue tchadienne des droits de l’Homme – LTDH
94- Ligue tunisienne des droits de l’Homme – LTDH
95- MADA – Palestinian Center for Development and Media Freedom
96- Maharat Foundation (Lebanon)
97- Maison des droits de l’Homme du Cameroun – MDHC
98- Maldivian Democracy Network
99- MARCH Lebanon
100- Media Association for Peace – MAP (Lebanon)
101- MENA Monitoring Group
102- Metro Center for Defending Journalists’ Rights (Iraqi Kurdistan)
103- Monitoring Committee on Attacks on Lawyers – International Association of People’s Lawyers
104- Movimento Nacional de Direitos Humanos – MNDH (Brasil)
105- Mwatana Organisation for Human Rights (Yemen)
106- Norwegian PEN
107- Odhikar (Bangladesh)
108- Pakistan Press Foundation
109- PEN America
110- PEN Canada
111- PEN International
112- Promo-LEX (Moldova)
113- Public Foundation – Human Rights Center « Kylym Shamy » (Kyrgyzstan)
114- RAFTO Foundation for Human Rights
115- Réseau Doustourna (Tunisia)
116- SALAM for Democracy and Human Rights
117- Scholars at Risk
118- Sisters’ Arab Forum for Human Rights – SAF (Yemen)
119- Suara Rakyat Malaysia – SUARAM
120- Taïwan Association for Human Rights – TAHR
121- Tunisian Forum for Economic and Social Rights – FTDES
122- Vietnam Committee for Human Rights
123- Vigilance for Democracy and the Civic State
124- World Association of Newspapers and News Publishers – WAN-IFRA
125- World Organisation Against Torture – OMCT, in the framework of the Observatory for the Protection of Human Rights Defenders
126- Yemen Organisation for Defending Rights and Democratic Freedoms
127- Zambia Council for Social Development – ZCSD[/vc_column_text][/vc_column][/vc_row][vc_row][vc_column][vc_basic_grid post_type=”post” max_items=”4″ element_width=”6″ grid_id=”vc_gid:1535551119543-359a0849-e6f7-3″ taxonomies=”716″][/vc_column][/vc_row]
