Why journalists need emergency safe havens

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The number of journalists killed while doing their work rose in 2020. It’s no wonder, then, that a team of internationally acclaimed lawyers are advising governments to introduce emergency visas for reporters who have to flee for their lives when work becomes too dangerous.

The High Level Panel of Legal Experts on Media Freedom, a group of lawyers led by Amal Clooney and former president of the UK Supreme Court Lord Neuberger, has called for these visas to be made available quickly. The panel advises a coalition of 47 countries on how to prevent the erosion of media freedom, and how to hold to account those who harm journalists.

At the launch of the panel’s report, Clooney said the current options open to journalists in danger were “almost without exception too lengthy to provide real protection”. She added: “I would describe the bottom line as too few countries offer ‘humanitarian’ visas that could apply to journalists in danger as a result of their work.”

The report that includes these recommendations was written by barrister Can Yeğinsu. It has been formally endorsed by the UN special rapporteur on the promotion and protection of the right to freedom of opinion and expression, the Inter-American Commission on Human Rights special rapporteur for freedom of expression, and the International Bar Association’s Human Rights Institute.

As highlighted by the recent release of an International Federation of Journalists report showing 65 journalists and media workers were killed in 2020 – up 17 from 2019 – and 200 were jailed for their work, the issue is incredibly urgent.

Index has spoken to journalists who know what it is like to work in dangerous situations about why emergency visas are vital, and to the lawyer leading the charge to create them.

Syrian journalist Zaina Erhaim, who has worked for the BBC Arabic Service, has reported on her country’s civil war. She believes part of the problem for journalists forced to flee because of their work is that many immigration systems are not set up to be reactive to those kinds of situations, “because the procedures for visas and immigration is so strict, and so slow and bureaucratic”.

Erhaim, who grew up in Idlib in Syria’s north-west, went on to report from rebel-held areas during the civil war, and she also trained citizen journalists.

The journalist, who won an Index award in 2016, has been threatened with death and harassed online. She moved to Turkey for her own safety and has spoken about not feeling safe to report on Syria at times, even from overseas, because of the threats.

She believes that until emergency visas are available quickly to those in urgent need, things will not change. “Until someone is finally able to act, journalists will either be in hiding, scared, assassinated or already imprisoned,” she said.

“Many journalists don’t even need to emigrate when they’re being targeted or feel threatened. Some just need some peace for three or four months to put their mind together, and think what they’ve been through and decide whether they should come back or find another solution.”

Erhaim, who currently lives in the UK, said it was also important to think about journalists’ families.

Eritrean journalist Abraham Zere is living in exile in the USA after fleeing his country. He feels the visa proposal would offer journalists in challenging political situations some sense of hope. “It’s so very important for local journalists to [be able to] flee their country from repressive regimes.”

Eritrea is regularly labelled the worst country in the world for journalists, taking bottom position in RSF’s World Press Freedom Index 2021, below North Korea. The RSF report highlights that 11 journalists are currently imprisoned in Eritrea without access to lawyers.

Zere said: “Until I left the country, for the last three years I was always prepared to be arrested. As a result of that constant fear, I abandoned writing. But if I were able to secure such a visa, I would have some sense of security.”

Ryan Ho Kilpatrick is a journalist formerly based in Hong Kong who has recently moved to Taiwan. He has worked as an editor for the Hong Kong Free Press, as well as for the South China Morning Post, Time and The Wall Street Journal.

“I wasn’t facing any immediate threats of violence, harassment, that sort of thing, [but] the environment for the journalists in Hong Kong was becoming a lot darker and a lot more dire, and [it was] a lot more difficult to operate there,” he said.

He added that although his need to move wasn’t because of threats, it had illustrated how difficult a relocation like that could be. “I tried applying from Hong Kong. I couldn’t get a visa there. I then had to go halfway around the world to Canada to apply for a completely different visa there to get to Taiwan.”

He feels the panel’s recommendation is much needed. “Obviously, journalists around the world are facing politically motivated harassment or prosecution, or even violence or death. And [with] the framework as it is now, journalists don’t really fit very neatly in it.”

As far as the current situation for journalists in Hong Kong is concerned, he said: “It became a lot more dangerous reporting on protests in Hong Kong. It’s immediate physical threats and facing tear gas, police and street clashes every day. The introduction of the national security law last year has made reporting a lot more difficult. Virtually overnight, sources are reluctant to speak to you, even previously very vocal people, activists and lawyers.”

In the few months since the panel launched its report and recommendations, no country has announced it will lead the way by offering emergency visas, but there are some promising signs from the likes of Canada, Germany and the Netherlands. [The Dutch House of Representatives passed a vote on facilitating the issuance of emergency visas for journalists at the end of June.]

Report author Yeğinsu, who is part of the international legal team representing Rappler journalist Maria Ressa in the Philippines, is positive about the response, and believes that the new US president Joe Biden is giving global leadership on this issue. He said: “It is always the few that need to lead. It’ll be interesting to see who does that.”

However, he pointed out that journalists have become less safe in the months since the report’s publication, with governments introducing laws during the pandemic that are being used aggressively against journalists.

Yeğinsu said the “recommendations are geared to really respond to instances where there’s a safety issue… so where the journalist is just looking for safe refuge”. This could cover a few options, such as a temporary stay or respite before a journalist returns home.

The report puts into context how these emergency visas could be incorporated into immigration systems such as those in the USA, Canada, the EU and the UK, at low cost and without the need for massive changes.

One encouraging sign came when former Canadian attorney-general Irwin Cotler said that “the Canadian government welcomes this report and is acting upon it”, while the UK foreign minister Lord Ahmad said his government “will take this particular report very seriously”. If they do not, the number of journalists killed and jailed while doing their jobs is likely to rise.

[This week, 20 UK media organisations issued an open letter calling for emergency visas for reporters in Afghanistan who have been targeted by the Taliban. Ruchi Kumar recently wrote for Index about the threats against journalists in Afghanistan from the Taliban.] [/vc_column_text][/vc_column][/vc_row]

Groups urge Amal Clooney to pressure UK to act on Bahrain’s abuse of freedom of expression

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Dear Amal Clooney,

We, the undersigned Bahraini and international non-governmental organisations, are writing to express our deep concern about the intensifying clampdown on freedom of expression in Bahrain since 2011, especially over the past two years. As the United Kingdom’s Special Envoy on Media Freedom, we hope that you can urge the UK government to abide by its stated commitment to protect journalists and promote free media and to press its ally, Bahrain, to respect freedom of expression and freedom of the press.

Freedom of Expression and Press Freedom restricted

The right to freedom of expression and press freedom are severely restricted in Bahrain and journalists, human rights defenders and activists are targeted for doing their human rights and journalism work. According to the Committee to Protect Journalist (CPJ), six journalists are currently imprisoned in connection with their work. In addition, Reporters without Borders (RSF) has documented seven journalists who have had their citizenship revoked since 2011. Bahrain now sits 167th out of 180 countries in RSF’s Press Freedom Index for 2019, one place lower than in 2018.

The repression intensified in 2017, when the only independent newspaper, Al-Wasat, was forcibly closed down and its employees dismissed. That year, the Ministry of Information Affairs effectively blocked the license renewal of several journalists working for foreign news agencies. Photojournalists and reporters for the Associated Press, Agence France-Presse and a cameraman for Reuters were all denied license renewal. Nazeeha Saeed, award winning correspondent for Radio Monte Carlo Doualiya and France24 was convicted and fined for working for international media outlets without a license. Those outlets, along with a coalition of press-freedom watchdogs, wrote to the King of Bahrain in April 2017 highlighting their concerns.

In Bahrain, criticising the King could result in conviction and a seven-year sentence as the government does not tolerate any form of dissent. Prominent human rights defender, Nabeel Rajab is serving a five-year sentence for using Twitter to expose torture in Bahrain’s Jau Prison and to criticise Saudi Arabia’s war on Yemen. He was also charged for publishing an Op-ed in the New York Times. Opposition activist and high profile blogger, Dr Alduljalil Al-Singace, was jailed for life in 2011, when the government renewed its crackdown on peaceful dissent. In 2017, activist and blogger Najah Yusuf was sexually assaulted by the authorities and sentenced to three years in prison, partly for criticising the Bahrain Grand Prix on social media. Former Al-Wasat employee, Mahmood Al-Jazeeri, was sentenced to 15 years’ imprisonment and stripped of his citizenship. The UN Working Group on Arbitrary Detention (WGAD) declared him arbitrarily detained. Similarly, award-winning photojournalists Ahmed Humaidan and Sayed Ahmed Al-Mousawi continue to languish in prison with the latter also stripped of his citizenship. Photojournalist Hassan Qambar was sentenced to more than 100 years in prison over a “range of absurd charges” according to RSF, namely his coverage of local protests.

Cybercrime Law

We are dismayed that the Bahraini authorities are once again amending anti-terror and cybercrime laws to further criminalise political dissent and civil society activism. The situation is only worsening, following the government’s recent declaration that it intends to crackdown further on critical social media accounts and posts. 

On 22 May 2019, the Ministry of Interior (MoI) accused Bahraini journalist Adel Marzooq of cybercrime for analysing politics in the region on Twitter. On 30 May 2019, Bahrain’s MoI announced that “those who follow inciting accounts that promote sedition and circulate their posts will be held legally accountable.” Two days later, a MoI official elaborated that “countering inciting social media accounts that promote sedition and threaten social fabric and civil peace was a national duty and part of the community partnership to protect the security and safety of the nation.”

Social media giant Twitter expressed concern about the Bahraini government’s recent declaration. In a tweet posted on 5 June 2019, Twitter stated that the implementation of such measures would “pose a significant risk to free expression and journalism” in the country. Twitter also provided advice to individuals who wished to view posts from specific accounts without having to follow them, in order to avoid the scrutiny of the Bahraini authorities.

Our hope is that Bahrain’s allies will be inspired by this principled action and follow suit in publicly condemning the growing crackdown on dissent. Regrettably, the UK is yet to take a strong public stance on the matter and instead provides its Gulf ally with unconditional political support, to the detriment of the Bahraini people.

Bahrain Ambassador to UK: Sheikh Fawaz bin Mohammad Al Khalifa 

During the time that the Ambassador of the Kingdom of Bahrain to the UK, Sheikh Fawaz bin Mohammad Al Khalifa, has been in post, a number of smear campaigns targeting human rights defenders, activists, journalists and critics have been launched from the embassy in London.

Sheikh Fawaz is a member of the Bahraini royal family and was the president of the Information Affairs Authority (IAA) during the Arab spring, a time when the government systematically cracked down on human rights and civil society. The IAA regulates the state’s media channels and websites, including Bahrain TV and the Bahrain News Agency.  The organisation was responsible for shutting down Al-Wasat, the only independent newspaper, leading to the censorship of the press and the deportation of foreign-national journalists and spreading hate speech through IAA-controlled TV stations. In 2009, the year before Sheikh Fawaz’s IAA presidency, Bahrain stood 119th in RSF’s Press Freedom Index. By the time his presidency ended in 2012, Bahrain had fallen to 165th place, attesting to Sheikh Fawaz’s devastating record and legacy on press freedom.

The Bahraini Embassy in London has escalated smear campaigns against human rights defender Nabeel Rajab and blogger Najah Yusuf, to whom they attributed tweets posted eight months after her conviction. The Embassy also justified the prosecution of journalist Nazeeha Saeed, blaming her for not renewing her own credentials as a foreign correspondent.

Despite this evidence being publicly available, the FCO responded to concerns raised about Sheikh Fawaz by a Member of Parliament by asserting that it “thoroughly reviews each State’s appointee as Head of Mission.”

Our Requests

It is evident that the British government prioritises its strategic relations with Bahrain over the right to freedom of expression and press freedom. While trade and security agreements made without a strong human rights component may appear expedient on the surface, in the long term a foreign policy that ignores human rights will likely encourage greater repression which in turn will undermine the UK’s international reputation. 

In December 2018 you said that: “states should repeal criminal sanctions in laws that target speech like sedition, blasphemy and defamation, and they should narrow the scope of other laws that can easily be used to silence critical speech.” However, as long as Bahrain’s closest allies refuse to use their leverage to pursue these noble goals, they will remain impossible to achieve in the country.

In light of the above, we hope that you can use your position and access to the UK authorities to urge them to:

  • Prevail on their Bahraini counterparts to release prisoners of conscience, including journalists, photojournalists and human rights defenders imprisoned solely for voicing their peaceful opinions, including specifically: Mahmoud Al-Jaziri; Ahmed Humaidan; Sayed Ahmed Al-Mosawi; Hassan Qambar; Najah Yusuf; Dr Abduljalil Al-Singace and Nabeel Rajab;
  • Urge the Bahraini government to rescind the administrative ban on the activities of the independent newspaper, Al-Wasat;
  • Urge the Bahraini government to allow visits of the Special Rapporteurs on Freedom of Expression and Freedom of Assembly to the country; and
  • Call on the Bahraini government to lift the vague and overly broad cybercrime laws imposed to silence the right to freedom of expression and end legislation criminalising human rights, including criticism of the King. 

We would particularly welcome any public statements you can make in support of freedom of expression in Bahrain. 

Thank you for your time and we look forward to hearing from you soon.

Yours Sincerely,

  • Bahrain Institute for Rights and Democracy (BIRD)
  • Americans for Democracy & Human Rights in Bahrain (ADHRB)
  • Amnesty International
  • ARTICLE 19
  • Bahrain Centre for Human Rights (BCHR)
  • English PEN
  • European Centre for Democracy and Human Rights (ECDHR)
  • Gulf Centre for Human Rights (GCHR)
  • IFEX
  • Index on Censorship
  • International Service for Human Rights (ISHR)
  • PEN America
  • PEN International
  • Reporters Without Borders (RSF)
  • Women’s March Global

 

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Azerbaijan: Journalist Seymur Hezi marks one year in prison

Seymur Hezi was sentenced to five years in prison for "aggravated hooliganism" on 29 January 2015.

Seymur Hezi was sentenced to five years in prison for “aggravated hooliganism” on 29 January 2015.

On the anniversary of Azerbaijani journalist Seymur Hezi’s sentencing to five years imprisonment for “aggravated hooliganism,” the country’s authorities have continued to target journalists, independent media and human rights activists.

Hezi, who contributed to the Index on Censorship Freedom of Expression Award-winning newspaper Azadliq, was sentenced on 29 January 2015. He was arrested on 29 August 2014 following an altercation in which the journalist was defending himself from a physical assault and harassment, according to his lawyers.

Rahim Haciyev, acting editor of Azadliq, told Index in September 2015 Hezi’s prosecution was due to his critical articles of the Azerbaijan authorities in the newspaper, as well as critiques he had made in his online TV programme, Azerbaijan Hour.

Haciyev said Hezi’s health is “very bad” due to the Azerbaijan’s awful prison conditions. Despite this, he said the journalist is working on articles about the country’s recent political history — some of which have been published in Azadliq.

In Hezi’s final statement given during his trial, he noted his belief in the shared struggle “with my dear friends at prison”. He also said: “It is not just a confrontation between the government and the opposition. It is the struggle between the good and the evil.”

After a year activism and journalism dedicated to free expression within the restricting country, not much positive change can be seen. Investigative journalist Khadija Ismayilova remains in jail, doing everything in her power to continue spreading the message of truth and resistance. Human rights lawyer Amal Clooney recently offered to take Ismayilova’s case to the European Court of Human Rights.

Azadliq, which was one of Azerbaijan’s only remaining independent news outlets operating inside the country, was forced to discontinue publishing a daily print edition of the newspaper in July 2014, due to its financial situation. The paper was hit with enormous fines following multiple defamation suits in 2013, and its journalists — including Hezi — have been targeted by authorities with politically motivated charges.

“The repression and detainment of journalists are continuing,” Haciyev said. “[The] government has started to arrest Facebook activists.”

Haciyev said that because the government cannot solve its country’s main problems, they try to create new problems for society through eliminating any chance of other opinions being promoted.

This article was originally posted to Index on Censorship