28 Oct 2013 | Magazine, News

Tadeusz Mazowiecki, Poland’s first post-Communist Prime Minister, died today. In 1995, he spoke to Index on Censorship magazine about his decision to resign as Special Rapporteur of the UN Commission on Human Rights in former Yugoslavia, in protest of the inaction of the international community in the face of the conflict
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In 1989 Tadeusz Mazowiecki, a founding member of Solidarity, was elected the first non-Communist premier of Poland. Two years later, after resigning his premiership, he became Special Rapporteur of the United Nation’s Commission on Human Rights in former Yugoslavia. In July this year, in his letter of resignation, he said, ‘One cannot speak about the protection of human rights with credibility when one is confronted with the lack of consistency and courage displayed by the international community and its leaders. Dawid Warsawski talked to him for Index
Following your resignation in the wake of the fall of Srebrenica, you have become a symbol of resistance for critics of the UN mission in Bosnia. Are you comfortable in this role?
I don’t know if it’s possible to feel comfortable as a symbol. The response to my resignation proved that it was a necessary protest. The world had come to accept war crimes as a fact of life. But there were those who found it difficult to understand why rhetoric about human rights and morality wasn’t being reflected in political action. There was a need for some kind of gesture on their behalf.
In an open letter published in La Stampa a few days after your resignation, the Croatian writer Slavenka Drakulic, though respecting your decision, accuses you if betraying the hopes of people in former Yugoslavia who wanted you to be their voice.
I saw this as a serious problem when I was weighing up the options. But I do intend to go on speaking out, and I believe that, for these people too, it was more important to protest than to pretend that nothing had happened. For me, Srebrenica was the last straw. Once again promises had been broken and values betrayed. It is hard to be the voice of hope when one is forced into a posture of complete helplessness.
What powers did the UN mandate give you?
I had the right to analyse and report on all abuses of human rights and humanitarian law. But the recommendations I made in connection with the war touched upon issues that came under the exclusive competence of the Security Council. That was the mandate’s weakness.
Only the Human Rights Commission, which appointed me to this post, was obliged to take account of my recommendations. Extraordinary meetings apart, the Commission meets barely once a year to make a survey of the human rights situation throughout the world. There is little time for detailed examination.
The Security Council drew on my reports, but had no obligation to take account of my recommendations. In the course of my three years at the UN, I was invited to a meeting of the Security Council just once, and allowed to make a brief address. My invitation, as Human Rights Commission rapporteur, drew protest from the representatives of China and Zimbabwe. Within the UN structure, the Human Rights Commission is subordinate to the Economic and Social Council – which is far less important than the Security Council. My invitation set a bureaucratic precedent and it must have stirred anxieties. A discussion on human rights in the former Yugoslavia today could mean a debate on China tomorrow.
Did you feel that the UN was giving you firm help and support?
I didn’t; yet people I met on the ground were convinced that the UN was fully behind me and that I could do a great deal within it. This wasn’t exactly the case and made my own position more difficult.
What sort of budget and personnel did you have at your disposal?
Compared to rapporteurs in other countries I managed to secure a considerable amount. I won the right to appoint personnel on the ground, though I didn’t have any influence on their selection. We have representation in Zagreb, Sarajevo, Skopje and most recently in Mostar. But we failed to gain representation in Belgrade because of the attitude taken by the Serbian authorities. My colleagues were able to intervene over some issues (in Croatia, for example). In other cases they were unable to do so because they weren’t permitted to go in by the Serbian side in Bosnia, Croatia, Serbia itself and Montenegro.
What were the financial arrangements?
The appointment of ground personnel overstepped the normal UN budget. The costs were covered by additional funds from state sources, particularly the US government, and by private funds, especially the Soros Foundation. We didn’t know at the end of one year whether funding for the following year would be available.
How do you assess your co-operation with the Bosnian, Croat and Serb authorities on the ground?
Everyone expected me to report on crimes committed by the other sides and preferred me not to note their own human rights abuses. After two visits the Serb authorities began to register great dissatisfaction with my mission – probably because I wrote full and harsh reports about the position of Albanians in Kosovo.
In my dealings with the Bosnian Serbs there were serious problems from the start. During my first visit, when we looked at the explosive issue of the concentration camps, I went to Manjaca. There I had an extraordinary and unforgettable interview with the camp commandant. He addressed me with a mixture of flattery and threats, and the purpose of it all was to prevent me from seeing the prisoners. Later the Bosnian Serb authorities apologised. The fact that I had concluded that the Bosnian Serbs were chiefly responsible for carrying out ethnic cleansing policies must have played a part in this episode, as well as my view that their human rights abuses were the most glaring. The Croatian authorities were ‘generally co-operative’, as they say. But the military authorities did not, for example, put a stop to the expulsion of Serbian families from homes on military property, despite promises to the contrary.
The Bosnian authorities were co-operative, but at the end of my mission I discovered that in Tarcino there has for years been a camp maintained by the Bosnian authorities, with over one hundred prisoners held hostage by local people.
How useful was your own experience as a political prisoner in Communist Poland? I remember an incident in Zenica where prisoners were saying that when the commandant goes home, the guards set about ill-treating them. The commandant denied the allegations, to which you responded that you too had been a prisoner once and fully understood what it meant. His jaw dropped. I imagine he’d never met a former prisoner turned dignitary.
The experience was just as useful when I was formulating my criticisms of the London Conference. Watching its political dynamic I saw a failure to understand who we were dealing with.
For some, it was a political problem, faintly exotic and rather marginal on the world scale. They were working on it without the experience that, at times, there is nothing real about ‘realpolitik’. They showed a lack of readiness to tread the edge of the impossible in politics. In Eastern Europe we have learnt all about this, but it still doesn’t fit into the categories of Western European political thought – even despite the fall of Communism.
What were your relations with the various agencies of the UN?
There was a serious lack of co-ordination between the different agencies of the UN and others – such as the London International Conference on former Yugoslavia – of which the UN forms a significant part. I also had to get used to the fact that UN staff, especially the civilian staff of UNPROFOR were under no obligation to pass on documentation relating to human rights abuses. There was one occasion when vital information concerning a serious war crime (the mass graves at Ovcara near Vukovar) was not communicated to us. I discovered that UNPROFOR personnel had been aware of it, while I found out only at a later stage. Information as important as that should have been passed on.
In general I have the impression that UN structures are not geared to monitoring or counteracting human rights abuses. In my view the UNPROFOR mandate was essentially sick. It was assumed that it was possible to go into a war situation with a peacekeeping mandate. Moreover, the international community made a series of concessions to the Serbs; it was prepared to accept what they had done as a fait accompli. And the Serbs became increasingly less inclined to take account of the possibility that their actions might provoke a strong response. UNPROFOR came to be treated like a hostage, initially in a metaphorical sense and, later, literally. The UNPROFOR mandate was wholly inadequate in these conditions.
What preventive facilities does the UN have? It seems to act adequately In the wake of disasters, but apparently can’t do anything to prevent them.
I agree, but at present the UN has become a convenient whipping boy. Decisions are taken not by the UN but by its member states. The question is do we really want an organisation which would have greater powers? Personally, I was unable to accept the lack of will to action. The UN lacks a clear vision of itself as an organisation and the single- mindedness to realise it the one hand pledges were being made in the name of the UN and on the other the will wasn’t there to fulfil them.
Who lacks the will? Where does the blockage arise?
In my view the UN lacks a clear vision of itself as an organisation and the single-mindedness to realise it. Secondly, the states involved in decision taking have no common political will; there is a conflict of interests. It’s a problem which reaches beyond the Yugoslav conflict. What are the guidelines by which the world is to order itself following the collapse of the geo-political model drawn up at Yalta? The UN was created as an integral part of that model. Do we now want to strengthen and equip it with effective means of action? Or is it to be a political International Red Cross which, though perhaps necessary, cannot promise people any kind o f resolution?
What are your plans now?
I don’t propose to wash my hands of the former Yugoslavia . These three years have been very important to me personally. Elementary human solidarity is also a factor: it’s very hard for me to agree with the view that the Balkans are a traditionally violent region which should be left well alone. Moreover, I firmly believe that we have underestimated the consequences of this conflict and of Europe’s ineffectual response to it for the whole international order.
Dawid Warsawski is the pen name of Konstanty Gebert, a former under- ground activist and journalist involved in Jewish cultural life
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This article was originally published in the autumn 1995 edition of Index on Censorship magazine.
4 Oct 2013 | Africa, Middle East and North Africa, News, Sudan

The government of Sudan cut the country off from the internet as protests against the end of fuel subsidies spread.
The release of the annual Freedom on the Net report for the first time includes a chapter on Sudan, authored by Index Award nominees GIRIFNA. This is more than timely, as the country is witnessing a new wave of widespread protests triggered by the Sudanese government’s announcement in late September 2013 that it will lift economic subsidies from fuel and other essential food items.
Based on a survey of 60 countries in Freedom House’s Freedom on the Net 2013, Sudan is categorised as “Not Free” with a score of 63, placing it among the bottom 14 countries in the category. As one of ten sub-Saharan African countries surveyed, Sudan joined Ethiopia as the two “Not Free” countries in the region. Kenya and South Africa were categorised as “Free” and the remaining six – Angola, Malawi, Nigeria, Rwanda, Uganda and Zimbabwe – as “Partly Free”.
Sudan has invested heavily in its telecommunications infrastructure in the last decade, resulting in a steadily increasing internet penetration rate of 21 percent and a mobile penetration rate of 60 percent by the end of 2012, according to the International Telecommunication Union (ITU). It also boasts the cheapest post-paid costs in the Middle East and North Africa in 2012, and healthy market competition amongst four telecommunications providers.
However, these infrastructural and economical advantages are highly reduced against the backdrop of a State that has little respect for freedom of expression, freedom of association, participation and peaceful assembly. The Sudanese regime is amongst the worst globally in terms its obstruction of the access to independent and diverse information both offline and online. A global study on press freedom conducted by Reporters without Borders earlier this year ranks Sudan at 170 out of 179 countries surveyed. This clearly reflects that the violations of freedom of expression impacting the traditional print media are also starting to reflect online.
The Sudan Revolts, the wave of protests triggered by economic austerity plans that hit the country between June and July 2012, was the first time the authorities implemented a large-scale crackdown and detentions of citizens using digital platforms to communicate, connect, coordinate and mobilise. Additionally, the government increased its deployment of a Cyber Jihadist Unit to monitor and hack into Facebook and email accounts of activists. The National Telecommunications Corporation (a government agency) also engages in the censoring and blocking of opposition online news forums and outlets. YouTube, for example, was blocked for two months in late 2012 in response to the “Innocence of Muslims” video.
The attacks on cyber dissidents during Sudan Revolts included the detention of digital activists, such as Usamah Mohammed, for up to two months, the forced exile of Sudan’s most prominent video blogger Nagla’a Sid Ahmad, and the kidnapping and torture of the Darfurian online journalist Somia Hundosa. Moreover, one of the most high profile political detainees from the Nuba Mountains, Jalila Khamis, spent nine months in detention without charges. When she was finally brought to trial in December 2012, the main evidence against her was a YouTube video taken by Sid Ahmad, in which Khamis testified about the shelling of civilians in the Nuba Mountains by the government.
Since September 23 this year, authorities have responded to the new wave of protests with unprecedented violence toward peacefully protesting urban dwellers. More than 200 have been killed in Khartoum and Wad Madani by live bullets fired by riot police, national security agents, and/or state sponsored militias. According to a government statement, 600 citizens have been detained, though activists say that number is much higher. On Wednesday, September 25, the government shut down internet access for 24 hours. When the internet returned, it was much slower, with Facebook inaccessible on mobile phones and YouTube blocked or non-functional due to a very slow broadband connection.
The US sanctions imposed on Omer El Bashir’s regime since 1997 also continue to hinder the free access to the internet and the free flow of information as it limits access to a number of new media tools. This includes limited access to anti virus suites, e-document readers, and rich content multimedia applications that most Sudanese citizens cannot download. The inability to download software security updates makes many users in Sudan vulnerable to malware. Smart phone applications cannot be downloaded or purchased from the iTunes and/or Android stores.
Additionally, Sudan has a combination of restrictive laws that work together to impede freedom of expression both off and online, including the 2009 Printed Press Materials Law, and a new Media law that has recently appeared in Parliament, which officials have hinted would for the first include language restricting online content. Additionally, the National Security Act (2010) gives National Intelligence and Security Services the permission to arrest journalists and censor newspapers under the pretext of “national security,”. An IT Crime Law, in effect since 2007 criminalises websites that criticise the government or publishes defamatory materials. All these laws contradict Sudan’s National Interim Constitution, which guarantees the right to freedom of expression, association and assembly.
A version of this article has been published on GIRIFNA’s website. The arabic version of the Freedom on the Net report can be accessed here.
4 Sep 2013 | News, United Kingdom
The controversial Transparency of Lobbying, Non-party Campaigning and Trade Union Administration Bill yesterday passed its second reading. The legislation includes a proposal to cap the spending of charities in election years which has been widely criticised, earning it the nickname “the gagging bill”.
Despite the bill passing its second reading by 309 votes to 247, Sky News reported that “the comfortable margin masked significant opposition across parties.”
The Guardian provides a rundown of the key questions related to the bill, including the cause of the controversy: “Charities are unhappy that their political campaigning could fall under restrictions for the first time. Legal advice obtained by the National Council of Voluntary Organisations said it could have a chilling effect. Helen Mountfield QC warns of uncertainty about what the bill means by ‘for political purpose’, saying it could ‘put small organisations and their trustees/directors in fear of ‘criminal penalty if they speak out on matters of public interest and concern’.”
A near-united NGO sector has slammed the proposal. “The Lobbying Bill represents a real threat both to the quality of debate on public policy in this country and charities’ ability to champion the needs of the poor and vulnerable through campaigns such as Make Poverty History,” said Oxfam.
‘What began as a bid to clean up politics and make the process more transparent has ended up as an attempt to restrict people and individuals engaging in politics and exercising their democratic rights of free speech,’ said anti-fascist group HOPE not Hate.
‘The government’s rushing through a new law which, if it passes, will stop us running the type of campaigns which have made us who we are during the year leading up to elections. Put simply, the new rules will make it almost impossible for campaign groups, charities and others to campaign in the way we do during the year before elections,’ said 38degrees.
The National Council for Voluntary Organisations have now written to Chloe Smith, the minister in charge of the bill, outlining their concerns. A coalition of conservative think tanks, including the Adam Smith Institute, Big Brother Watch, Centre for Policy Studies, Institute of Economic Affairs, Taxpayers Alliance have criticised the “significant failings” of the bill: “The lack of clarity in the legislation further exacerbates its complexity, while granting a remarkably broad discretion to the Electoral Commission. The potential tidal wave of bureaucracy could cripple even well-established organisations, while forcing groups to reconsider activity if there is a perceived risk of falling foul of the law. This self-censorship is an inevitable consequence of the bill as it stands.”
Moreover, the Electoral Commission have stated the bill raises “real questions around freedom of speech” reported The Independent. “There may be circumstances where we would need to ask someone to take down a blog or a website or stop a rally from happening. That is a significant intervention for the Electoral Commission to take. [But] the change to our remit does give us greater discretion. That gives us significant concerns.”
The bill has also come in for massive criticism from the opposition, with shadow Commons leader Angela Eagle dubbing it “one of the worst pieces of legislation I’ve seen any government produce in a very long time”, the BBC reported. “It’s a sop to powerful, vested interests; a sinister gag on democratic debate in the run-up to the general election; a shameful abuse of the legislative process to make cheap, partisan points. This is a very bad bill,” she adds.
Independent columnist Owen Jones argues the bill is undemocratic: “Warnings of threats to democracy should be sparingly issued: they contain the risk of undermining an argument through hyperbole, of making us numb to genuine menaces. But be under no illusions: the Government’s catchily titled Transparency of Lobbying, Non-Party Campaigning and Trade Union Administration Bill is an audacious stab at many of our hard-won democratic freedoms.”
Meanwhile, Conservative MP Douglas Carswell adds that the bill does little to tackle the problem of lobbying: ‘My main concern, however, is what is not in this Bill. Big corporate interests serious about changing public policy don’t mainly focus on Parliament. They go up the road to Whitehall. It is there that the nexus of influence between big corporate interests and big government lies. The Bill does little to change any of that, and fails to sort out the revolving door between big Whitehall departments and various vested interests. Who inputs directly into the civil servants as they draft policy and rules? Who has a quiet word with the new non-executives at the department? We do not know.’
Labour’s Stephen Doughty, in one of the more colourful addition to the Commons debate, stated that the bill has “whiff of Zimbabwe”.
Andrew Lansley, sponsor of the bill has defended it as tool for making “our democracy more accountable”: ‘The Transparency Bill has three key aims: to make it clear who is lobbying the Government and for whom; to make third-party campaigning at election times subject to clear rules; and to provide assurance that trade unions know who their members are.’
Chloe Smith also attempted to calm some of the charities’ fears: “At the 2010 General Election, very few charities were registered as third parties. Provided they continue to campaign as most of them always have – that is, they are not promoting the electoral success or otherwise enhancing the standing of parties/candidates – charities will not be affected by this legislation,” Smith added.
You can read a transcript of the Commons debate here , or watch it here from 12.47.
19 Jun 2013 | In the News
BRAZIL
Brazilian protests see 200,000 take to the streets
As many as 200,000 demonstrators marched through the streets of Brazil’s biggest cities on Monday in a swelling wave of protest tapping into widespread anger at poor public services, police violence and government corruption.
(Reuters)
CAMBODIA
As free expression groups meet in Phnom Penh, police target demonstrators
In Phnom Penh, Cambodia, for theIFEX General Meeting and Strategy Conference 2013, Index Director of Campaigns and Policy Marek Marczynski reports back on a protest outside the Royal Palace
(Index on Censorship)
ECUADOR
Stop press!
HE WAS a media darling before his inauguration in 2007, but President Rafael Correa’s adversarial relationship with the press has counted among the defining characteristics of his six-year rule. On June 14th a legislature now dominated by his allies whisked through a bill to regulate the media. Gabriela Rivadeneira, the president of Congress, praised the reform for outlawing practices such as “lynching by media” (roughly, character assassination), and said that the new law would curb the press’s supposed habit of “vetoing and vexing citizens”. Many journalists fear it in fact spells censorship. (The Economist)
EGYPT
Egyptian rights lawyer sentenced to 5 years for defamation of religion
As many as 200,000 demonstrators marched through the streets of Brazil’s biggest cities on Monday in a swelling wave of protest tapping into widespread anger at poor public services, police violence and government corruption.
(IFEX)
Egypt takes steps towards addressing sexual harassment
A proposed bill in Egypt outlawing violence against women has now been proposed by the country’s National Council for Women. But is it a step forward in tackling the silence around sexual harassment in the country? Shahira Amin reports
(Index on Censorship)
JORDAN
The New Arab Censors
The Internet has proved to be a powerful tool for overcoming media restrictions and censorship worldwide. But new restrictions on Web-based news media, such as those in Jordan, threaten to reverse the progress that the Internet has enabled.
(Project Syndicate)
INDIA
India Media Buries Paid News Report
A major new report on the phenomenon of paid news in India’s media is, well, hardly making big news. The report, submitted to Parliament last month by the Standing Committee on Information Technology, is pretty racy stuff.
(Wall Street Journal)
‘Just’ artistes, not arsonists: Free speech vs state
The Social Network: We discuss the narrowing scope of free speech in India as filmmaker K P Sasi and 4 others get booked with ‘rioting’ for their peaceful anti-Capital punishment protests, and Kabir Kala Manch members languish in Pune jail branded as Naxalites even as a film based on them bags National Award. Filmmakers K P Sasi and Anand Patwardhan and lawyer Chinmayi Arun join us.
(NDTV)
IRAN
Adieu Ahmadinejad
The controversial Iranian president leaves office in August. Sara Yasin looks back at how he has restricted freedom of expression during his presidency
(Index on Censorship)
PHILIPPINES
Village captain sues Cebu blocktimer for libel
Radio blocktimer Oscar Pasaporte told CMFR last 14 June 2013 that Patupat barangay (village) captain Leonida Gabales filed a libel case against him after he allegedly accused her of using the barangay hall as her home. A blocktimer is an individual who buys “blocks” of TV or radio time which he then uses to air a program for which he solicits sponsors
(Center for Media Freedom and Responsibility)
SLOVAKIA
Coin bearing cross hits European Union hurdle
The National Bank of Slovakia announced that the European Commission (EC), the union’s executive arm, had ordered it to remove halos and crosses from special commemorative euro coins due to be minted this summer. (Times of India)
SOUTH AFRICA
Cruel, nasty attack
Certain aspects of democracy can sometimes be difficult to stomach. Take, for instance, free speech.
(The Citizen)
SRI LANKA
Media code threat to free speech
A new media code proposed by the Sri Lankan government contains overbroad and vague language that could have a severe and chilling effect on free speech, Human Rights Watch (HRW) said today. (Colombo Gazette)
SUDAN
Censorship as a Human Rights Violation in Sudan
The Sudanese National Intelligence and Security Services, or NISS, confiscated over 10 major newspapers in Sudan in May of 2012, banned 13 journalists from operation, and identified several prohibited topics of discussion.
(Enough)
THAILAND
Thai Students Demand Freedom of Expression
In the face of a school system structured around discipline, obedience, and uniformity, students in Thailand are working to express themselves.
(Open Equal Free)
TUNISIA
Tunisia judiciary presses on with witch-hunt of artists and journalists
A Tunisian court on Monday charged two musicians and a journalist implicated in violence that erupted last week at the trial of a rapper who was controversially jailed for two years for insulting the police.
(Middle East Online)
Freedom Online Conference 2013
The third annual Freedom Online Conference is taking place in Tunis. Government and business representatives, civil society, academics and net activists are discussing how freedom of expression on the Internet is helping to promote social, cultural and economic development worldwide. Mike Harris collects the highlights
(Index on Censorship)
TURKEY
Turkey ‘too harsh’ on protesters, says Merkel
Angela Merkel has risked a diplomatic backlash from Turkey by condemning its response to opposition protests as a violation of human rights.
(The Irish Independent)
UNITED STATES
Port Clinton police practice censorship
When it comes to releasing public information state law prohibits public officials from picking and choosing which documents to release.
(Sandusky Register)
Texas Email Privacy Bill Signed Into Law
Texas Gov. Rick Perry gave the green light to an email privacy bill that will guard Texans from warrantless searches by state law enforcement officials.
(Courthouse News)
Indiana Intimidation Law Challenged on Free Speech Grounds
A state law against making intimidating speech will be receiving First Amendment scrutiny from the Indiana Supreme Court.
(Lawyers.com)
Gay Censors Attempt to Cleanse Google of App they Disagree With
LGBTQ pro-censorship activists have gathered 150,000 signatures to a petition demanding that Google remove from the free market an app which promotes a philosophy they disagree with. (Rockland County Times)
Google files free speech challenge to FISA gag orders, renews criticism of Guardian
Google has sued to shine more light on the secret court that approves controversial national security letters — the petition also represents part of the ongoing PR strategy of tech companies caught up in a surveillance scandal. (Gigaom)
ZIMBABWE
Journalist in Zimbabwe battling for life after being kidnapped, assaulted
Freelance journalist, Paul Pindani, is reportedly battling for life after he was abducted from his home and severely assaulted in Mashonaland West’s provincial capital of Chinhoyi on Friday, 14 June 2013.
(IFEX)
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