12 Dec 12 | Africa, South Africa
South Africa’s highest court, the Constitutional Court, last week agreed to hear an application about a motion of no confidence in President Jacob Zuma. A High Court judge’s findings suggested that “the public are entitled to hear the debate” as the Constitution enjoins South Africans to prevent the suppression of “the dignity of even a single voice expressing a different perspective”.
The ruling African National Congress (ANC) in November used its parliamentary majority to shut down a no confidence debate assessing ANC leader Jacob Zuma’s continued suitability for the job of president of South Africa. Section 102 of South Africa’s Constitution allows for a vote on a motion of no confidence in parliament’s National Assembly. If, after debate, the motion is passed, the president, cabinet and deputy ministers have to resign.
No confidence debate will discuss Zuma’s suitability as president (Jordi Matas – Demotix)
In its rejection of opposition parties’ proposal, the ANC argued that the motion would be “frivolous” as its aim was “to try the President in a court of public opinion and tarnish his image and that of the ANC in the media”.
Eight of the eleven opposition parties in parliament, led by the official opposition Democratic Alliance, brought an urgent application in the Western Cape High Court to instruct the speaker of parliament to allow the motion. Judge Dennis Davis could not find in the applicants’ favour, as the rules of parliament do not make provision for no confidence motions.
However, he added that “when political parties, who represent approximately a third of the electorate, decide to initiate a motion, and to seek wider support for the motion on matters of such importance, that too is their right.
“The […] people are entitled, as citizens of South Africa, to hear what our national representatives have to say about a matter of such pressing importance. Of course, once the debate takes place and reasoned voices across the floor are heard, the majority may well vote the matter down and that would be the end of it. But what cannot be justified is that the debate should not be allowed to take place.”
Meanwhile, the ANC changed its position and “welcomed” the debate, but proposed that it only takes place during the next parliamentary session in February 2013.
The party is currently engaged in a bruising jockeying for positions in the run-up to its elective conference in December, where Zuma’s deputy, Kgalema Motlanthe, may challenge him. The opposition to the debate suggested that Zuma’s hold on the party may be more tenuous than his allies want others to believe. His parliamentary lieutenants seem to have realised this, prompting their volte-face on the debate. Their insistence on scheduling the debate next year nevertheless still suggests fear that it may worsen intra-party divisions.
Opposition parties’ application to the Constitutional Court will be heard in March next year.
11 Dec 12 | Americas, Mexico
Violent confrontations in Mexico City on 1 December between police and thousands of demonstrators protesting the swearing in of President Enrique Peña Nieto continue to reverberate, as human rights and media protection organisations grapple with how to guide protesters to exercise their fundamental free speech rights.
Protesters took to the streets to express their unhappiness at the return of Peña Nieto’s Institutional Revolutionary Party (PRI), back in power after a 12-year interval. Windows were broken and firebombs thrown and tens of protestors were arrested. The Federal District Human Rights Commission has accused the police of making arbitrarily arrests and suggested that there is evidence that four protestors were tortured by police officers.
Thousands protest against Mexico´s new president on 1 December (Rodrigo Jardón – Demotix)
The Mexico City chapter of the freedom of expression group Article 19 has issued a safety protocol for those wishing to continue attending street demonstrations. Called a Guide to Freedom of Expression for Demonstrations, Protests and Social Disturbances, the report gives practical advice to both reporters and citizens. It suggests protesters and reporters know who organised a march and why. It also reminds journalists and others to know the proposed routes a demonstration will take and to identify easy escape routes in case of trouble. For citizens, the guide emphasises the need to understand that, while the right to protest is fundamental, they should not respond aggressively to police during a demonstration.
The protocol comes as Mexico City learned that dozens of the 69 demonstrators arrested on 1 December — including two journalists — were released by Mexican authorities because of lack of evidence that they had engaged in violent acts. Several organisations, including Amnesty International, claimed that Mexican police used “excessive force” to curb the demonstrations, which turned violent and left demonstrators and police wounded, and local businesses damaged and looted. In a statement released on 4 December, Reporters Without Borders said:
…the release of the photographers must not eclipse the fact that the president’s inauguration was marred by the use of heavy-handed police methods to suppress the right to demonstrate and, in some cases, the right to report the news.
11 Dec 12 | Digital Freedom, News and features, United Kingdom
The coalition’s plan to store information on every citizen’s use of email, the web, and phones have been dealt a serious blow by a parliamentary committee report. Padraig Reidy reports
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10 Dec 12 | Europe and Central Asia
In Azerbaijan, it is not only journalists who face intimidation, arrests and violence: artists, musicians and writers also come under attack for exercising their right to artistic freedom. To coincide with the UN’s International Human Rights Day, Art for Democracy, a new initiative to support artistic freedom, was launched in Baku.
“Art for Democracy seeks to use all forms of artistic freedom of expression to promote democracy and respect for human rights in Azerbaijan, including to improve the climate for artistic freedom of expression itself”, said Art for Democracy‘s coordinator Rasul Jafarov. “It will also give artists a platform to come together and use their talents to promote democratic change”.
In May, Azerbaijani musician Jamal Ali fled the country in fear of his life after he reported that police tortured him in detention. The rapper had criticised President Ilham Aliyev during a concert. Musician and activist Azer Cirttan is also in exile.
It’s clear that, in addition to more traditional campaigns, including political engagement at the Council of Europe and organised demonstrations in Azerbaijan and around the world, a creative approach to promoting free expression in Azerbaijan is also needed. The campaign will also offer direct support to marginalised artists, who are often persecuted for their work.
Art for Democracy builds on the work of Sing for Democracy, which drew attention to the poor health of free expression in Azerbaijan in the run up to the Eurovision Song Contest, hosted in Baku in May. To celebrate the launch, free speech advocates, including Eurovision 2012 winner, Swedish pop star Loreen, recorded video messages of support.
Azerbaijan hosted the Internet Governance Forum, in November. In an open letter to President Aliyev prominent activist and journalist Emin Milli lamented the fact that citizens are “do not dare to speak out” against the dictator’s policies, “online or offline”. “You have successfully managed to silence them,” he added.
In this climate, Art for Democracy is an important, fresh voice that will draw together the country’s most important free expression experts, ensuring that a wider audience is informed about the very serious free expression crisis in Azerbaijan today.
Read Index’s fact file on Azerbaijan, Access Denied
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