Will athletes risk the wrath of Beijing to stand up for human rights?

Athlete protest has been almost as common a feature of the Olympic Games as elite sporting achievement since its modern inception at the turn of the 20th century.

At the 1906 Games, Irish triple jumper Peter O’Connor protested his registration as a British athlete – Ireland did not have a national Olympic committee at the time – by scaling the flagpole during the award ceremony and waving an Irish flag.

The official recognition of the Games as a platform for protest happened in 1955 when then president of the International Olympic Committee (IOC) Avery Brundage wrote guidelines into the Olympic bylaws. These stated that Olympic host cities had to ensure “no political demonstrations will be held in the stadium or other sport grounds, or in the Olympic Village, during the Games, and that it is not the intention to use the Games for any other purpose than for the advancement of the Olympic Movement”.

This did not stop perhaps the best known of all Olympic protests – the Black Power demonstrations at the 1968 Mexico Olympics when American 200-metre athletes John Carlos and Tommie Smith raised their gloved hands in salute during the US national anthem.

Further changes to athletes’ rights to express themselves were codified in a 1975 update to the Olympic Charter in rule 55, which simply said, “Every kind of demonstration or propaganda, whether political, religious or racial, in the Olympic areas is forbidden”.

The IOC has since moved away from this total ban and now declares itself to be “fully supportive of freedom of expression”.

And yet the most recent version of the rule on athlete expression, now known as Rule 50, state that “no kind of demonstration or political, religious or racial propaganda is permitted in any Olympic sites, venues or other areas”. It does though allow for expressing views outside Olympic sites and venues or before and after the Games. Athletes are also permitted to express their views in press conferences, during interviews and through their own social media channels.

In 2020 IOC member Dick Pound wrote: “Everyone has the right to political opinion and the freedom to express such opinions. The IOC fully agrees with that principle and has made it absolutely clear that athletes remain free to express their opinions in press conferences, in media interviews and on social media. But, in a free society, rights may come with certain limitations. Rule 50 restricts the occasions and places for the exercise of such rights. It does not impinge on the rights themselves.”

Athletes recognised just how much of a platform the games give them to express themselves, particularly with the global, 24-hour coverage afforded to it in modern times. As a result, they’ve always pushed back against bans.  For example, at the delayed 2020 Tokyo Olympics, many athletes and teams took the knee in support of the Black Lives Matter movement within Olympic venues.

So what can we expect from Beijing?

When China last hosted the Olympics in Beijing in 2008, it was a dramatically different country. One continuity was the human rights situation and there were protests organised by activists about human rights abuses in Tibet during those Games. Athletes however kept quiet.

A huge amount has changed in the 14 years since the 2008 Beijing Olympics. Athletes may feel very tempted to speak out. The wider world has been made aware of the Uyghur genocide, involving sterilisation, forced education in detention centres, the disappearance of activists and threats around the world against those who do speak out on the atrocities.

China has also cracked down in Hong Kong, effectively ending the one country, two systems policy. It has introduced the national security law, closed down independent media outlets and jailed political opponents.

Meanwhile, its other abuses – such as those in Tibet – have not gone away. Nor has concern over Chinese tennis star Peng Shuai, who disappeared late last year after she accused a top official of sexual misconduct.

At the Australian Open in January, athletes did use their platform to speak out about Peng Shuai. It would stand to reason the same would happen in Beijing. And yet China is not Australia.

While the rules governing freedom of expression at the Games have been loosened in the wake of athlete protests, Chinese officials have done little to ease concerns over athletes expressing themselves in Beijing. In mid-January, the deputy director of the Beijing organising committee Yang Shu said that “Any expression that is in line with the Olympic spirit I’m sure will be protected.” She then added, “Any behaviour or speech that is against the Olympic spirit, especially against the Chinese laws and regulations, are also subject to certain punishment.”

Basically, speak out and risk prison. It’s a high price to pay.

Then there’s the question of technology. Unlike 2008 when social media was in its infancy, China will be very worried about the potential for protest to reach a much wider audience than before. Anyone making comments on social media from inside the country will be required to communicate with the world through Chinese telecoms companies.

In December, VOA News reported that China has committed to switch off its Great Firewall for athletes and accredited media in the Olympic Village, competition and noncompetition venues, and contracted media hotels.

Just because the Firewall is being relaxed does not mean what athletes say over social media is not being monitored.

One particular concern for athletes at the Games is the requirement to download an app called MY2022 before arriving in China. The app is ostensibly there to maintain a closed loop system relating to Covid measures. However, researchers at Canada’s Citizen Lab says the app is not secure, leading a number of national Olympic committees, including the USA, Canada, the Netherlands and the UK, to advise their athletes to leave their personal devices at home.

In a statement shared with athletes, Canada’s national committee wrote, “We’ve reminded all Team Canada members that the Olympic Games present a unique opportunity for cybercrime and recommended that they be extra diligent at Games, including considering leaving personal devices at home, limiting personal information stored on devices brought to the Games, and to practice good cyber-hygiene at all times.”

The app also has a number of other features beyond health, such as AI-powered translation and weather, and real-time messaging and audio. Citizen Lab says it also includes features that allow users to report “politically sensitive” content while the Android version includes a censorship keyword list.

The organisation said, “We discovered a file named illegalwords.txt which contains a list of 2,442 keywords generally considered politically sensitive in China. However, despite its inclusion in the app, we were unable to find any functionality where these keywords were used to perform censorship. It is unclear whether this keyword list is entirely inactive, and, if so, whether the list is inactive intentionally.”

The list includes terms such as Xi Jinping, Tiananmen riot, Dalai Lama, Xinjiang and forced demolition. Citizen Lab says that many of the terms are in Uyghur or Tibetan scripts, something that is “not common” in other censored apps such as WeChat and YY.

It is highly likely that one or more principled athletes will use the Beijing Games to make a stand over Xinjiang, Tibet or Hong Kong. The question is whether, with the world watching, China will dare to take them to task.

CCP censorship extends well beyond the Olympic Games, including the targeting of Chinese minorities overseas. Index has investigated the extent to which the Chinese government is using its technological and economic leverage, combined with cultural and diplomatic networks, to intimidate, silence, and discredit Uyghurs in Europe. The report – China’s Long Arm: How Uyghurs are being Silenced in Europe – will be published on 10 February 2022. 

Get a free ticket to the launch event here, titled Banned By Beijing: How can Europe stand up for Uyghurs? After the event, check out our website’s Banned By Beijing page to read the report.”

Banned by Beijing: How can Europe stand up for Uyghurs?

“Not speaking out causes guilt; but speaking out causes fear.” – anonymous Uyghur woman

Despite being far outside China’s borders, in a region synonymous with human rights, rule of law, and democracy, many Uyghurs in Europe refrain from publicly expressing concerns for their friends and family in Xinjiang or from sharing their own. To what extent is the Chinese Communist Party (CCP) working to intimidate, silence, and discredit Uyghurs in Europe? And what can be done to protect their right to free expression? 

Marking the launch of our latest report, this virtual event chaired by Index on Censorship’s Flo Marks examines the scope and scale of the Chinese Communist Party’s interference in Uyghurs’ right to freedom of expression in Europe. 

Meet the Speakers

Dolkun Isa 

Dolkun Isa is the President of the World Uyghur Congress and Vice President of the Unrepresented Nations and Peoples Organization (UNPO). He was a former student-leader of pro-democracy demonstrations at Xinjiang University in 1988 and founded the Students’ Science and Culture Union at the university in 1987 working on programs to eliminate illiteracy, promote science and lead other students in East Turkestan. He was then dismissed from university. 

After enduring persecution from the Chinese government, Isa fled China in 1994 and sought asylum in Europe, and became a citizen of Germany in 2006. He has since been presenting Uyghur human rights issues to the UN Human Rights Council, European Parliament, European governments and international human rights organizations. He has worked to mobilize the Uyghur diaspora community to collectively advocate for their rights and the rights of the Uyghurs in East Turkistan.

Isobel Cockerell 

Isobel Cockerell is an award-winning British journalist. Since October 2018 she has been a reporter for Coda Story, covering disinformation, the war on science and authoritarian technology. She has also written and worked as a radio reporter and video journalist covering politics, migration, LGBTQ issues, environmental affairs and culture for platforms such as WIRED, The Daily Beast, the Huffington Post, USA Today, Rappler and Eurasianet.

In 2020 she won the European press prize distinguished reporting award for a multimedia project she reported and produced for Coda in collaboration with WIRED on Uyghur women fighting a digital resistance against China’s surveillance.

She is a graduate of Columbia Journalism school. 

Nus Ghani MP 

Nusrat Ghani is the MP for Wealden. A former Transport Minister, she is now Vice-Chair of the 1922 Committee and an active member of the influential Business, Energy and Industrial Strategy Committee. Here, she led an inquiry on supply chain transparency which exposed slave labour in UK value chains and the data harvesting of British consumers. For this, she was sanctioned by the Chinese Communist Party (CCP) in March 2021, the only woman in Parliament who was, in an unprecedented move by the CCP to intimidate British MPs.

Nusrat was instrumental in leading on the Genocide Amendment to the UK’s flagship Trade Bill, aiming to stop the British Government pursuing preferential trade agreements with countries committing real time genocide. She led a campaign which resulted in Parliament unanimously declaring the markers of genocide are being met in Xinjiang. She is an active member of the Inter Parliamentary Alliance on China (IPAC).

Nusrat has spoken at numerous academic and public events on the nature of campaigning within Parliament to plug the policy gaps around declaring genocide, guaranteeing supply chain transparency, and pushing for closer scrutiny of British citizens’ data being harvested.

As a former member of both the Home Affairs Select Committee and the Foreign Affairs Committee, she covered issues such as such as security, policing, counterterrorism strategies and antisemitism. Nusrat is also the UK representative to the NATO Parliamentary Assembly. She was nominated for the 2021 NATO PA Women for Peace and Security Award and came runner up to Nancy Pelosi, Speaker of the United States House of Representatives.

Flo Marks 

Flo Marks is currently a Researcher at Index on Censorship and has been central to the research and writing of the February 2022 Uyghur Report. She has her work published in the LA Review of Books, Exposé as well as Index on Censorship. Her focus thus has been on raising attention to mass atrocity crimes, CCP influence in Europe, protecting the rights of Chinese dissidents, and empowering the voices of minorities. 

She is also a politics BA student at the University of Exeter and a member of the campaign group Students for Uyghurs. Alongside other students, she exposed Exeter’s controversial links to Tsinghua (and the Uyghur Genocide ideological architect, Hu Angang), commenting to The Times on the subject. She has organised, chaired university events and developed social media posts for @studentsforuyghursexeter (Instagram). Until January 2022, she worked as a diversity and inclusion intern for MEA Consulting, giving her the professional space to drive positive change. And, in 2019 she was the UK and European winner of Zonta International’s Young Women in Public Affairs Award. [/vc_column_text][/vc_column][/vc_row][vc_row][vc_column][vc_column_text]

When: Thursday 10 February, 16.00-17.00 GMT

Where: Online, register for a free ticket here

Keeping watch on China

Xi Jinping. Photo: Alan Santos/PR

Last year Index launched a new workstream – Banned by Beijing.  This project was a significant step for Index as it seeks to explore not the actions of a repressive regime against its own citizenry but rather how they are seeking to exert influence abroad which is undermining our collective right to free expression.

The need for this step came in light of increasing anecdotes and news stories about how the Chinese Communist Party (CCP) was seeking to leverage its soft power outside Chinese borders and the introduction of the National Security Law in Hong Kong and its impact across the world. We have therefore begun this project to document the reality.

This is not designed to be an anti-Chinese piece of work, but rather anti-authoritarian.  Many of our team are Sinophiles and we are all anti-racist.  But there is a difference between the people of China and the actions of their government.

As we have seen in the news this week in the UK, where a British Parliamentarian has reportedly accepted over £400,000 in donations from someone MI5 consider to be a Chinese asset, there seem to be few limitations on how the CCP seeks to exert influence.

It has become increasingly clear that the CCP has a clear strategy to use every resource at its disposal, beyond even its economic might, to shape a narrative about its aspirations and goals. An attempt to both promote a One China approach and to re-write its history and current actions on human rights and persecution – especially with regards to non-Han Chinese and specifically treatment of the Uighurs.

At the end of last year Index released its first report under the Banned by Beijing banner – exploring the way the Confucius Institutes across Europe are being used to drive a pro-CCP line on campus.

And as we head into February, when China hosts the Winter Olympics, Index will launch its second report – this time exploring how the CCP are seeking to systematically intimidate Uighurs living in Europe and attempting to dismiss and undermine reports of what is happening in Xinjiang province.

Every country has the right to advocate around the world, but that isn’t what the CCP are doing.  They are seeking to leverage their economic might and political power to restrict the rights of people who live outside their borders.  They are seeking to restrict our rights to free expression if they don’t align with the CCP preferred narrative.  Which is why Index will keep analysing and will shine a light on their actions.

Hope in the darkness

Nathan Law has been imprisoned, disqualified from political office and forced to seek political asylum in the UK – all for fighting for democratic rights in Hong Kong, his home city. But, in spite of it all, he remains optimistic.

“As an activist I’m not entitled to lose hope,” he tells Index on Censorship. “I still believe that maybe in a decade’s time I can set foot in Hong Kong, when it’s democratic and free.”

Law, 28, fled to London in the summer of 2020 after the passing of the National Security Law, a draconian piece of legislation that criminalises even a whisper of criticism against Beijing’s rule.

Given the chance, what would he tell Communist Party leaders in Beijing?

“I would say, ‘There is no totalitarian regime that can remain forever. All of them will collapse’, and I’d say, ‘That is your fate if you continue to do what you are doing’.”

Law’s face and name are synonymous with the struggles in Hong Kong. Alongside Joshua Wong, Alex Chow and Agnes Chow, he has helped drive the recent protest movement.

The son of a construction worker and a cleaner, he first became interested in democratic values at secondary school when the late writer and human rights defender Liu Xiaobo won the Nobel Peace Prize in 2010. Liu was serving his fourth prison sentence in China and was unable to accept the prize in person. An image of an empty chair soon went viral, a stark reminder of how bad human rights were in China.

“I grew up in a family that did not talk about politics, did not talk about social affairs,” Law says. Although he studied in a pro-Beijing school, he was “not heavily brainwashed to believe in the Communist Party”. He adds: “I was apolitical. I was not involved.” But when Liu won the prize, the principal of his school publicly denounced the writer in morning assembly.

“It triggered my curiosity because I thought people getting the Nobel Prize are the ones who are good in their field. So how come such a person – a Chinese [person] – would be criticised in that fashion? It really triggered my curiosity and got me to look into the work that he had been doing. He opened up a gate for me to understand all these concepts.”

That gate first led Law to the Tiananmen Square vigil, held in Hong Kong every year since 1989, and then to him leading the 2014 Umbrella Movement (which later landed him in prison on charges of “unlawful assembly”).

After this, Law became the youngest legislator in Hong Kong’s history, a position from which he was quickly disqualified when he modified his oath of allegiance to China during the swearing-in ceremony in October 2016.

In the same year, he founded Demosistō, a pro-democracy political party, with Agnes Chow and Wong.

But time was up when the National Security Law was passed. Demosistō was disbanded, Law was forced out of Hong Kong and Chow and Wong were jailed, alongside scores of others connected to the democracy movement.

Today, dissent is in a straitjacket in Hong Kong. And yet not all have given up fighting. In Law’s recently published book – Freedom: How We Lose It And How We Fight Back – he writes: “Even during this most bitter of times the spirit of ordinary Hong Kong people continues to shine, even if it must do so in the shadows.”

Law lists the people who refuse to have their prison sentences lessened by agreeing to the charges against them and instead “defend themselves in order to narrate their story at the risk of heavy sentencing”. He lists those who attend court hearings to show support to the defendants, those who write letters to the imprisoned and those who advocate for any policy that might remotely challenge the government.

“The hope lies in these people. Even though we are in the darkest time and change is seemingly impossible, people are still doing things because they feel that it is the right thing to do,” he says.
Law might have an admirable sense of hope, but his is not an easy life. He had to publicly sever ties with his family when he moved to the UK and has been unable to talk to Agnes Chow and Wong, too. He misses the people and he misses the place.

“I always dream about Hong Kong,” he says. “You’re familiar with everything. You don’t have to think. Like when you step into the MTR [the subway]. It’s in your muscles, in your memory. You understand everything. You understand all the slang. The background noise with people’s hectic walk, the hectic talk of Cantonese and bus horns, those noises from the stores and from restaurants. It’s just unique.”

Law has been granted asylum in the UK – a move that angered Beijing, which declared him a criminal suspect. Even though he is thousands of miles from Hong Kong, he still has to look over his shoulder. He takes extra precautions: he never mentions where he lives and he takes detours when he leaves and returns home – measures that have come to define the life of China’s dissidents. He simply doesn’t feel safe “because of how extensive China’s reach can be”.

“We’ve got cases like Navalny; the Russian dissident forced to land in Belarus; we’ve also got a lot of cases of Uyghur activists around the world being arrested or extradited back to China. There are a lot of things that can happen to dissidents. It is not a secret that I am almost at the top of the list of national enemies that China portrays, so things like this could happen,” he says.

“On the other hand, I don’t want any of these fears to hinder my activities and my activism. So I will try to be vigilant to protect myself, but I will also try 100% to promulgate the agenda of the Hong Kong democratic movement.”

One of the ways that he wants to do this is through publishing his book. A blend of personal experience and broader context, Law wants it to appeal to as many people as possible and for these people to “act after reading it”.

“I’m an author, of course, but at the end of the day my essential identity is an activist. By definition, an activist is someone who tries to empower people to act in order to precipitate social changes. I intend to appeal to people to be more aware of their own democratic states,” he says.

As for what we can do to help Hong Kong, Law puts it simply: “Get involved. Pay more attention to Hong Kong and to China. Start to look into campaigns that could help, like boycotting the Olympics, supporting political prisoners or even reading news – just supporting the news agencies who produce these fantastic stories for Hong Kong and for China.

“After that, if you really want to be a campaigner that supports Hong Kong then get organised. Find your local grassroots organisation and be a volunteer and try to explain that to your friends and your neighbours.”

It might be the darkest chapter in Hong Kong’s story, but – to channel Law’s optimism – let’s hope it’s not the last.

How I exposed Beijing’s big lie

Young activist Nathan Law’s election to the Legislative Council in 2016 shattered the myth that the people of Hong Kong did not desire freedom and democracy, he says in an extract from his new book

In August 2016, a month before the election, our team were starting to worry. The polls suggested I had little support in the constituency I was running in. Hong Kong Island is a wealthy and generally conservative district, known for electing prominent members of Hong Kong’s professional and elite class – lawyers, public intellectuals and former government officials. To make things more difficult, my constituency happened to have the highest number of elderly residents. It was also an important ‘super seat’ that would return six places in the legislature by proportional representation, so fifteen parties had fielded candidates.

While we were hopeful, our expectations were low. I may have been a public figure, but I was known only as a student activist. Going straight from student activism to the first tier of Hong Kong politics was not easy. I had to adjust my mindset. I was no longer representing students like me, but having to appeal to and present myself as someone who could represent a much broader range of people. I needed to demonstrate that I had the ability to understand the complexity of realpolitik, and accommodate the diverse needs and views of constituents. I also had to convince people that I was able to represent them in the city’s highest chamber.

In the last two weeks of the election, I worked as hard as I could to outline my beliefs and analyse heated debates about policy. I wanted to prove that age, education and experience are not the deciding factors in what constitutes a proper lawmaker: determination, vision and eloquence are what matter most.

The 2016 election saw an unprecedented turnout: 2.2 million voters, 58 per cent of the registered electorate, cast their vote. Despite the constant hectoring of Beijing’s loyalists, the silent majority had spoken, and it was in favour of pro-democracy candidates. A new force had emerged in local politics, with new, progressive localist candidates winning six seats. And I won my seat, by a far greater margin than polls had suggested, to become Hong Kong’s youngest ever lawmaker.

I was so proud of what we had achieved. We had exercised our right to stand for election, and in voting for us the people of Hong Kong had exercised their right to elect representatives who shared their concerns. The legislature may have been designed to ensure a pro-establishment majority, making it more of a debating chamber than a true law-making body. But to be one of thirty-five directly elected legislators still mattered.

My election represented an expression of the limited political rights Hong Kong people enjoyed – an expression of our freedom. I had a democratic mandate and no one in government could claim otherwise. Even if all I could do was be one voice in the chamber, this voice would be heard throughout the city; and for so many people of my generation, and for all those who had voted for me, that mattered.

At twenty-three years of age, I was Hong Kong’s youngest legislator. Often, babies of the House, as the youngest parliamentarians are called in the UK, go on to have long careers in politics. Mine in Hong Kong would be one of the shortest.

Legislative Council members are elected to serve a four-year term. As my team moved into our new offices in the Legislative Council Complex, there was no reason to suppose we would not be there for at least that long. We did our best to make ourselves feel comfortable in room 901. As an activist I had met and worked with many legislators, but to be sitting in the Council building now as one of them felt different. I watched political aides come and go, and my staff hovering busily about, and could not help but wonder if I truly belonged there. Was this the right place for an activist? Could it accommodate us?

Well-known democratic lawmakers stopped by to welcome me. They did their best to make me feel I belonged. Many were politicians and campaigners I looked up to and had worked with during the protests. They had fought hard for a better Hong Kong – for labour rights, civil liberties and for other important freedoms. Still, any pride I might have felt was overridden by the realisation of what I was up against. Though my allies in the democratic camp were capable and respected in the wider community, they were operating within a system designed to ensure they would never have power. And those who did have power would seek to silence and destroy us.

My election had been a terrible loss of face for Beijing and their loyal supporters. It shattered one of their principal lies: that the majority of Hong Kong people are loyal patriots who place the ‘nation’ (meaning the CCP) over local issues and a desire for freedom and democracy. It was a lie that had served the interests of the powerful, from the officials and secret Communist Party members who dominated Hong Kong’s elites to international businesses who had throughout Hong Kong’s history suppressed the will of the people in order to promote so-called stability and a favourable commercial environment. It was a lie that Hong Kong’s last governor, Chris Patten, had bravely challenged by going directly to the people, refusing the assurances of an elite who insisted that Hong Kong people were apolitical. It was a lie that had become increasingly pernicious as Beijing encroached on our freedoms, making democratic representation even more important. And my presence in the Legislative Council, alongside other new and progressive lawmakers, told the world that it was a lie. Beijing would not forgive me for that.

Extracted from Freedom: How We Lose it and How We Fight Back, by Nathan Law, published by Transworld in November 2021

This interview and the extract appeared in the winter issue of Index on Censorship. Click here for more information on this issue