Irresistible: Espionage, dissent and NGOs

(Photo: David von Blohn / Demotix)

(Photo: David von Blohn / Demotix)

Edward Snowden’s revelations on the voracious appetite of spying on all and sundry by the National Security Agency and allied agencies should not give pause for too much comment, other than to affirm a general premise: Activists and non-government groups are to be feared.  Non-profits are seen as potential threats, though what to is sometimes unclear.  Any government worth its salt should be afraid of its citizens – the latter must make the former accountable; the former must hold to the contractual bargain with citizens. 

Last week, Snowden revealed to members of the Council of Europe via videolink from Moscow that such groups as Human Rights Watch and Amnesty International were high on the list of surveillance targets.  “The NSA has specifically targeted either leaders or staff members in a number of civil and non-governmental organisations… including domestically within the borders of the United States.”  He also delved further into such data mining programs as XKeyscore, a technology representing “the most significant new threat to civil liberties in modern times.”  Analysts, using the program, can select the metadata of an individual, and find content, “without judicial approval or prior review.”

Dinah PoKempner, general counsel at Human Rights Watch, responded that, if true, it was “indicative of the overreach that US law allows to security agencies.”  Such conduct “would again show why the US needs to overhaul its system of indiscriminate surveillance.” Indeed, it would fly in the face of a long held, if somewhat erroneous belief, that the US State Department actually treasures its human rights defenders, seeing them as the vanguard of reform rather than a cabal of troublesome dissent.  Human rights defenders in allied countries, for instance, pose a different set of problems.

A cursory glance at the guidelines of the US State Department on supporting human rights reveals how, “Protecting and supporting human rights defenders is a key priority of US foreign policy…. The Department’s objective is to enable human rights defenders to promote and defend human rights without hindrance or undue restriction and free from fear of retribution against them or their families.”  Stirring stuff.  There is even a reference to US support for the UN Declaration on Human Rights Defenders, adopted by consensus of the General Assembly in 1998.  Various strategies and techniques of encouragement are then discussed.

The guidelines even set out who human rights defenders are – those who “working alone or in groups, who non-violently advocate for the promotion and protection of universally recognised human rights and fundamental freedoms.”

Evidently, these guidelines did not quite cross the tables of those involved in the surveillance complex.  This may well be partly due to bureaucratic bungling – the irresistible growth of the espionage complex, but it may just as well be seen as consistent: after all, the NSA watches, and the State Department disposes.  The two occasionally seem to meet in fumbling circumstances.

The NSA is far from the only organisation engaged in the business of spying on activist groups and NGOs. A November 2013 report by Centre for Corporate Policy, a Washington, D.C. think tank, titled Spooky Business: Corporate Espionage Against Nonprofit Organizations, shows that such a process is addictive and systematic across centres of power.  Aversion to dissent is endemic, and it attracts birds of a feather in both government and corporate circles.  According to the report, the precondition for such espionage is that the non-profit organisation in question “impairs or at least threatens a company’s assets or image sufficiently.”  The targets are varied, including “environmental, antiwar, public interest, consumer, food safety, pesticide reform, nursing home reform, gun control, social justice, animal rights and arms control groups.”

The report looks at the antics of numerous entities hungry for data on their threatening quarry.  It might be the Society of Toxicology and Information Associates against animal rights activists.  It might be Stratfor and Coca-Cola against People for the Ethical Treatment of Animals.  Or BAE against Campaign Against the Arms Trade.

The gold target here seems to be Greenpeace, object of keen interest by the private security firm Beckett Brown International (BBI), retained by Dow Chemical, the world’s largest chlorine producer.  The world’s largest operator of nuclear power plants, Électricité de France, has also hired a set of private intelligence firms to keep an eye on the activities of the organisation, be it through good old hacking or conventional spying.  In November 2011, EDF was actually fined €1.5 million for “industrial espionage”, and two of its executives jailed.

Activities include infiltration, cultivation, deception.  Trash bins are searched.  Offices are cased, phone records of activists collected, confidential meetings breached.  Names are blackened; the severity of disasters – environmental, notably – are minimised.  According to Russell Corn, the managing director of Diligence, a corporate intelligence agency, anywhere up to 25 per cent of an activist camp will be “taking the corporate shilling” (New Statesman, Aug 7, 2008).  An inflated figure, perhaps, but worth keeping in mind.

Such behaviour illustrates all too well that there is a conflict of an international, global dimension between established centres of corporate and government power against those who would reform, or at the very least challenge, them.  When convenient, corporate and government interests will collude and find accord. There is even an argument to be made that their functions and interests have become, at points, indistinguishable.

Nothing illustrates this better than the privatisation phenomenon of intelligence activities, where traditional espionage is outsourced and redeployed with contracting agencies and their employees.  The private investigative firm Hackluyt, retained by BP and Shell, has a direct line to MI6.  Some irony, then, that Snowden was working for one such agency when he acquired his invaluable treasure trove of surveillance activities.

This article was posted on 16 April 2014 at indexoncensorship.org

Libya’s revolution “will not stop until we have freedom”

Jamal al-Hajji was convicted of defamation on 31 December 2013. (© Amnesty International)

Jamal al-Hajji was convicted of defamation on 31 December 2013. (© Amnesty International)

After 42 years of political oppression in Libya, it was hoped that the apparatus of Gaddafi’s regime would be dismantled after he was swept from power. Vestiges of the despot’s suffocating grip on free speech still remain, and are still being used to suppress political expression.

Jamal al-Hajji, a writer and commentator from Tripoli, faces jail and a large fine after comments he made in a television interview in February 2013 sparked a defamation case by government figures. During an interview on al-Wataniya, a Libyan television channel, al-Hajji accused the Minister of Foreign Affairs, Mohamed Abulaziz and five other politicians and public figures of conspiring against Libya and the “17 February Revolution”.

Four of them lodged a complaint against al-Hajji, resulting in a court sentencing him to eight months in prison and a 400,000 Libyan dinar fine (around £200,000). His case is being supported by Amnesty International, who say relics from Gaddafi’s punitive legal system are being used to obstruct free speech.

“No one should be sent to prison for expressing their views. Free expression is one of the rights Libyans took to the streets to reclaim during the 2011 uprising against Muammar al-Gaddafi,” said Hassiba Hadj Sahraoui, Deputy Director of the Middle East and North Africa Programme at Amnesty International, in a statement issued on Amnesty’s website.

The charity’s Libya researcher, Magdalena Mughrabi, told Index on Censorship: “The Penal Code which is currently in use is the same as under al-Gaddafi.  The Libyan authorities  should immediately amend or repeal all laws and articles of the Penal Code which impose arbitrary restrictions on freedom of expression.”

Al-Hajji, now aged 58, was arrested a number of times by the Gaddafi regime — the first time in 2007 for organizing  a peaceful gathering to commemorate the deaths of 12 protesters at a 2005 demonstration in Tripoli.

He spent a year in jail without charge, and was then sentenced, by the State Security Court, to twelve years imprisonment. Luckily, he was released a year later and submitted a formal complaint to the authorities, criticising the justice system, maltreatment of prisoners, and the torture and arbitrary detention of Libyan citizens.

The authorities summoned him for questioning over the document and threw him in prison for a further four months.

In 2011, he was arrested once more by police officers, who accused him of hitting a man in his car. At the time he was advocating online for peaceful protests mirroring those which had been happening in Tunisia, Egypt and other states across the Middle East.

And now, even with a new transitional regime in place, al-Hajji has found himself in prison again.

When asked if he thought the revolution had been successful, al-Hajji told Index on Censorship: “It is still going on and will continue, it will not stop until we have freedom. The military are not ready to lead this country so we will fight to remove them until we get a proper, working democracy.”

“I wouldn’t call this a new regime, these people aren’t responsible enough to run a country and in any case, many are from the old Gaddafi regime. They don’t want the laws changed because they know any new laws could be used against them.”

The law used to convict al-Hajj was Article 439 of the Libyan Penal Code, which carries a punishment of up to two years in prison as well as a fine. Several other articles of this Code prescribe prison terms for activities that would commonly be understood as freedom of expression and freedom of association. In cases where someone criticises public officials or state institutions, the recommended punishment can be the death penalty.

The same laws were used in September 2013 to charge Moad al-Hnesh, a Libyan engineer aged 34, who had campaigned against Western intervention into Libya in 2011. While living in the UK, he participated in a Stop the War Coalition demonstration outside the House of Commons in London, during which he was photographed holding a photo of a purported victim of a NATO bombing.

Following his return to Libya, he was arrested on 3rd April 2012 by a militia from Zawiya, after a group of Libyan students who had met him at Coventry University lodged a complaint against him with the Zawiya Military Council. He now faces a life sentence for criticising Libya while abroad, or a reduced sentence of fifteen years for “publically insulting the Libyan people.”

Amara Abdalla al-Khattabi, a journalist aged 67, was arrested in December 2012, a month after his newspaper had published the names of 84 allegedly corrupt judges. He was charged with “insulting constitutional or popular authorities” and also faces up to 15 years in prison. Article 195 of the Penal code was frequently used in the al-Gaddafi era to repress freedom of expression.

Al-Hajji is currently on bail and has an appeal hearing scheduled for 13th February.

This article was posted on 27 January 2014 at indexoncensorship.org

Russia: Activists arrested at U2 concert

Police arrested human rights campaigners and prevented them from gaining signatures for petitions at U2’s first concert in Russia, on 25 August. The tents of Amnesty International, Greenpeace Russia, and U2’s own charity the ONE campaign for Aids, were all removed by police. Campaigners were not allowed to hand out leaflets or talk to any of the 75,000 fans at the Moscow venue. Head of Amnesty International in Russia, Sergei Nikitin, said that the organistation had carried out similar publicity events at many of the band’s concerts in Europe.

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