22 Jul 19 | Bahrain, News and features
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Ebtisam Al-Saegh
“My main objective is to tell about the truth and whatever is going on on the ground,” said Ebtisam Al-Saegh, a Bahraini human rights activist, through Jawad Fairooz, a former Bahraini MP and the executive director of the organization SALAM for Democracy and Human Rights, who served as her translator. “This objective is what made me targeted.”
Al-Saegh’s story unfolds like a cautionary tale. A networking officer for SALAM and a member of the Bahrain Human Rights Observatory, Al Saegh first came under suspicion in November 2016, for a series of posts she made on Twitter. This was nothing out of the ordinary: Al Saegh said she could “give many examples of activists who use Twitter to express their views and opinions and have been targeted, some of them have been sentenced 1-3 years.” She was questioned by Bahrain’s Public Prosecution Office, accused of inciting hatred against the Bahraini regime and threatening public safety and security. She was questioned again before leaving the country in January 2017, and detained for seven hours at an airport in March 2017.
In May 2017, Al-Saegh was detained by Bahrain’s National Security Agency. While being interrogated, Al-Saegh was beaten, sexually assaulted, and physically and psychologically tortured. She bravely described humiliating and inhumane treatment at the hands of the Bahraini police, who even prevented her husband from bringing her personal clothing and food at night during the fast month of Ramadan, during which she was detained.
In July 2017, Al-Saegh’s family home was ransacked and she was detained yet again. Without a warrant, police confiscated every mobile phone in her home and took valuable items like cash and personal jewelry. She was again interrogated, tortured and sexualy assaulted. She recalls her abusers telling her, “We have enough reasons to keep you under custody, and you will be sentenced with between 10 to 15 years, and no one will defend you. No human rights groups, even the human rights council cannot defend you or you will never be released and there will never be any mercy for you.”
She was brought to Isa Town Women’s Prison, where fellow inmates reported that she looked visibly injured. For two months, she recalls being placed in solitary confinement and forbidden from interacting with fellow inmates. After a month-long hunger strike, she was finally permitted to interact with other inmates — at first, only non-Bahrainis, but she was eventually fully reintegrated into the prison.
She was also allowed to see her family, and document some of the conditions of her imprisonment. She remembers that as a result of horrifying treatment at the hands of the Bahraini authorities, her son had developed psychological problems. She was released pending trial for terrorism-related offenses. She was imprisoned for a total of four months, and suspects that media coverage and advocacy by international human rights organizations sped up her release, which was far sooner than the release of many of her friends and colleagues who remain incarcerated for similar reasons. Upon her release, she attempted to reclaim the property that had been stolen by Bahraini authorities. The authorities denied ever taking certain valuables, including jewelry, but forced her to sign a form declaring that all confiscated property had been returned.
“The detained and interrogated me so many times, and the accusation they’ve given is that I am fabricating stories or that I am threatening the civil peace within society,” Al Saegh said. “My crime was that I wanted to implement the mechanism of international human rights… and the principles of human rights within society.”
Bahrain was once the gold standard for media freedom among Gulf countries, permitting a relatively free press and government criticism from independent media. Yet following Arab Spring-inspired protests in 2011, King Haman bin Isa Al Khalifa began cracking down on dissidents, specifically targeting those who spoke out against Islam or the current regime. The conditions for media freedom worsened in July 2016 when, according to Freedom House, “[Bahrain’s] information minister issued new regulations requiring newspapers to obtain annual, renewable licenses to publish online. It also prohibited live streaming video, as well as video clips longer than 120 seconds in length.”
Ever since a series of protests for Shi’a Muslim equality in 2007 became violent — Bahrain’s ruling family is Sunni though the country’s religious majority is Shi’a — police violence, poor prison conditions and the torture of detainees have escalated. A report by the Bahrain Independent Commission of Inquiry in 2011 recorded several individuals killed under torture after abuse during detention. According to Al-Saegh, “The king issued a royal decree sentencing any activist that is retweeting or trying to follow any of the bloggers or Twitter activists who are writing anything against the policy of the government. The punishment for such actions can be up to five years.”
Al-Saegh’s experience is devastatingly common. Fairooz also mentioned torture and sexual abuse during his own imprisonment, and both he and Al-Saegh mentioned the case of Nabeel Rajab, another prominent Bahraini human rights activist who was sentenced to five years in prison in February 2018.
Even speaking out about experiences being tortured by Bahraini authorities can make activists like Al-Saegh and Fairooz vulnerable to more abuse. “Part of the reason for recording this story… is to encourage the rest to talk about it,” said Fairooz. “We want the act to be shameful not for the victims, but to be shameful for the torturers. By bringing up these stories, we encourage the victims to be healed.”
Al-Saegh believes that speaking out is worth the risk of losing even more than she already has. “I don’t think about any material things that have been taken away from me, no jewelry, no other items,” she said. “I think about justice and justice for the rest of the victims. Without that, I will not be ready to compromise at all.” [/vc_column_text][vc_basic_grid post_type=”post” max_items=”4″ element_width=”6″ grid_id=”vc_gid:1562944045425-143d4185-08a4-1″ taxonomies=”716″][/vc_column][/vc_row]
15 Jul 19 | Magazine, News and features, Volume 48.02 Summer 2019
[vc_row][vc_column][vc_custom_heading text=”Index editor Rachael Jolley argues in the summer 2019 issue of Index on Censorship magazine that it is vital to defend the distance between a nation’s leaders and its judges and lawyers, but this gap being narrowed around the world” google_fonts=”font_family:Libre%20Baskerville%3Aregular%2Citalic%2C700|font_style:400%20italic%3A400%3Aitalic”][vc_column_text]
It all started with a conversation I had with a couple of journalists working in tough countries. We were talking about what kind of protection they still had, despite laws that could be used to crack down on their kind of journalism – journalism that is critical of governments.
They said: “When the independence of the justice system is gone then that is it. It’s all over.”
And they felt that while there were still lawyers prepared to stand with them to defend cases, and judges who were not in the pay of – or bowed by – government pressure, there was still hope. Belief in the rule of law, and its wire-like strength, really mattered.
These are people who keep on writing tough stories that could get them in trouble with the people in power when all around them are telling them it might be safer if they were to shut up.
This sliver of optimism means a great deal to journalists, activists, opposition politicians and artists who work in countries where the climate is very strongly in favour of silence. It means they feel like someone else is still there for them.
I started talking to journalists, writers and activists in other places around the world, and I realised that although many of them hadn’t articulated this thought, when I mentioned it they said: “Yes, yes, that’s right. That makes a real difference to us.”
So why – and how – do we defend the system of legal independence and make more people aware of its value? It’s not something you hear being discussed in the local bar or café, after all.
Right now, we need to make a wider public argument about why we all need to stand up for the right to an independent justice system.
[/vc_column_text][vc_row_inner][vc_column_inner width=”1/4″][vc_icon icon_fontawesome=”fa fa-quote-left” color=”custom” size=”xl” align=”right” custom_color=”#dd3333″][/vc_column_inner][vc_column_inner width=”3/4″][vc_custom_heading text=”On an ordinary day, most of us are not in court or fighting a legal action, so it is only when we do, or we know someone who is, that we might realise that something important has been eroded” font_container=”tag:h3|text_align:left” google_fonts=”font_family:Libre%20Baskerville%3Aregular%2Citalic%2C700|font_style:400%20italic%3A400%3Aitalic”][/vc_column_inner][/vc_row_inner][vc_column_text]
We need to do it because it is at the heart of any free country, protecting our freedom to speak, think, debate, paint, draw and put on plays that produce unexpected and challenging thoughts. The wider public is not thinking “hey, yes, I worry that the courts are run down, and that criminal lawyers are in short supply”, or “If I took a case to trial and won my case I can no longer claim my lawyer’s fees back from the court”. On an ordinary day, most of us are not in court or fighting a legal action, so it is only when we are, or when we know someone who is, that we might realise that something important has been eroded.
Our rights are slowly, piece by piece, being undermined when our ability to access courts is severely limited, when judges feel too close to presidents or prime ministers, and when lawyers get locked up for taking a case that a national government would rather was not heard.
All those things are happening in parts of the world right now.
In China, hundreds of lawyers are in prison; in England and Wales since 2014 it has become more risky financially for most ordinary people to take a case to court as those who win a case no longer have their court fees paid automatically; and in Brazil the new president, Jair Bolsonaro, has just appointed a judge who was very much part of his election campaign to a newly invented super-ministerial role.
Helpfully, there are some factors that are deeply embedded in many countries’ legal histories and cultures that make it more difficult for authoritarian leaders to close the necessary space between the government and the justice system.
Many people who go into law, particularly human-rights law, do so with a vision of helping those who are fighting the system and have few powerful friends. Others hate being pressurised. And in many countries there are elements of the legal system that give sustenance to those who defend the independence of the judiciary as a vital principle.
Nelson Mandela’s lawyer, Sir Sydney Kentridge QC, has made the point that judges recruited from an independent bar would never entirely lose their independence, even when the system pressurised them to do so.
He pointed out that South African lawyers who had defended black men accused of murder in front of all-white juries during the apartheid period were not easily going to lose their commitment to stand up against the powerful.
Sir Sydney did, however, also argue that “in the absence of an entrenched bill of rights, the judiciary is a poor bulwark against a determined and immoderate government” in a lecture printed in Free Country, a book of his speeches.
So it turned out that this was the right time to think about a special report on this theme of the value of independent justice, because in lots of countries this independence is under bombardment.
It’s not that judges and lawyers haven’t always come under pressure. In his book The Rule of Law, Lord Bingham, a former lord chief justice of England and Wales, mentions a relevant historical example. When Earl Warren, the US chief justice, was sitting on the now famous Brown v Board of Education case in 1954, he was invited to dinner with President Dwight Eisenhower. Eisenhower sat next to him at dinner and the lawyer for the segregationists sat on his other side. According to Warren, the president went to great lengths to promote the case for the segregationists, and to say what a great man their lawyer was. Despite this, Warren went on to give the important judgement in favour of Brown that meant that racial segregation in public schools became illegal.
Those in power have always tried to influence judges to lean the way they would prefer, but they should not have weapons to punish those who don’t do so.
In China, hundreds of lawyers who stood up to defend human-rights cases have been charged with the crime of “subverting state power” and imprisoned. When the wife of one of the lawyers calls on others to support her husband, her cries go largely unheard because people are worried about the consequences.
This, as Karoline Kan writes on p23, is a country where the Chinese Communist Party has control of the executive, judicial and legislative branches of government, and where calls for political reform, or separation of powers, can be seen as threats to stability.
As we go to press we are close to the 30th anniversary of the Tiananmen Square killings, when thousands of protesters all over China, from all kinds of backgrounds, had felt passionately that their country was ready for change – for democracy, transparency and separation of powers.
Unfortunately, that tide was turned back by China’s government in 1989, and today we are, once more, seeing China’s government tightening restrictions even further against those who dare to criticise them.
Last year, the Hungarian parliament passed a law allowing the creation of administrative courts to take cases involving taxation and election out of the main legal system (see p34). Critics saw this as eroding the gap between the executive and the justice system. But then, at the end of May 2019, there was a U-turn, and it was announced that the courts were no longer going ahead. It is believed that Fidesz, the governing party in Hungary, was under pressure from its grouping in the European Parliament, the European People’s Party.
If it were kicked out of the EPP, Hungary would have in all likelihood lost significant funding, and it is believed there was also pressure from the European Parliament to protect the rule of law in its member states.
But while this was seen as a victory by some, others warned things could always reverse quickly.
Overall the world is fortunate to have many lawyers who feel strongly about freedom of expression, and the independence of any justice system.
Barrister Jonathan Price, of Doughty Street Chambers, in London, is part of the team advising the family of murdered journalist Daphne Caruana Galizia over a case against the Maltese government for its failure to hold an independent inquiry into her death.
He explained why the work of his colleagues was particularly important, saying: “The law can be complex and expensive, and unfortunately the laws of defamation, privacy and data protection have become so complex that they are more or less inoperable in the hands of the untrained.”
Specialist lawyers who were willing to take on cases had become a necessary part of the rule of law, he said – a view shared by human-rights barrister David Mitchell, of Ely Place Chambers, in London.
“The rule of law levels the playing field between the powerful and [the] powerless,” he said. “It’s important that lawyers work to preserve this level.”
Finally, another thought from Sir Sydney that is pertinent to how the journalists I mentioned at the beginning of this article keep going against the odds: “It is not necessary to hope in order to work, and it is not necessary to succeed in order to hope in order to work, and it is not necessary to succeed in order to persevere.”
But, of course, it helps if you can do all three.
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Rachael Jolley is editor of Index on Censorship. She tweets @londoninsider. This article is part of the latest edition of Index on Censorship magazine, with its special report on local news
Index on Censorship’s spring 2019 issue is entitled Is this all the local news? What happens if local journalism no longer holds power to account?
Look out for the new edition in bookshops, and don’t miss our Index on Censorship podcast, with special guests, on Soundcloud.
[/vc_column_text][/vc_column][/vc_row][vc_row][vc_column width=”1/3″][vc_custom_heading text=”How governments use power to undermine justice and freedom” font_container=”tag:h3|text_align:left” link=”url:https%3A%2F%2Fwww.indexoncensorship.org%2F2019%2F06%2Fmagazine-judged-how-governments-use-power-to-undermine-justice-and-freedom%2F|||”][vc_column_text]The summer 2019 Index on Censorship magazine looks at the narrowing gap between a nation’s leader and its judges and lawyers.[/vc_column_text][/vc_column][vc_column width=”1/3″][vc_row_inner][vc_column_inner][vc_single_image image=”107686″ img_size=”full” onclick=”custom_link” link=”https://www.indexoncensorship.org/2019/06/magazine-judged-how-governments-use-power-to-undermine-justice-and-freedom/”][/vc_column_inner][/vc_row_inner][/vc_column][vc_column width=”1/3″][vc_custom_heading text=”Subscribe” font_container=”tag:h3|text_align:left”][vc_row_inner][vc_column_inner][vc_column_text]In print, online. In your mailbox, on your iPad.
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18 Jun 19 | Academic Freedom, News and features, Scholar at Risk
[vc_row][vc_column][vc_column_text]This article is part of an ongoing series created in partnership with Scholars at Risk, an international network of institutions and individuals whose mission it is to protect scholars, promote academic freedom, and defend everyone’s right to think, question, and share ideas freely and safely.[/vc_column_text][vc_single_image image=”107359″ img_size=”full” add_caption=”yes”][vc_column_text]
“I realised that I had been cheated by the Chinese government,” legal scholar Teng Biao said describing his drive to pursue a career in human rights law.
Teng said that he was motivated by the Tiananmen Square movement, the student-led protests that bloomed after the death of pro-reform communist leader Hu Yaobang in April 1989. An officially-sanctioned mourning period provided an opening for Chinese to express their anxieties about the direction of the country. Officials reacted with a mixture of conciliatory and hardline tactics that revealed a split with the communist party leadership. Ultimately, the hardliners won out, with the country’s paramount leader at the time, Deng Xiaoping, and his allies resolving to use force to suppress the movement. Up to 300,000 troops mobilised under a martial law order implemented on 20 May. On 4 June 1989, the troops were ordered into central Beijing, killing both demonstrators and bystanders in the process. Estimates of the death toll vary from several hundred to thousands.
“So many people have sacrificed their lives to fight for democracy and freedom, so I cannot be silent, and I cannot give up,” Teng said.
For his efforts to defend human rights in China by taking on politically sensitive cases, Teng, who has been abducted three times, moved to the USA in 2014. He continues to pursue human rights law and activism as a visiting scholar at Princeton, Harvard, and New York University.
As the Chinese regime continues its crackdown on scholars, intellectuals, journalists and human rights lawyers, Teng analyzes the way in which the Chinese regime under Xi Jinping has used high-technology totalitarianism to successfully target and suppress dissidents.
Although Teng now lives in the United States, he still feels the weight of censorship and pressure from the Chinese regime. In 2016, the American Bar Association abruptly cancelled the publication of his book, “Darkness Before Dawn”, which details his 11-year career as a rights defender in China.
Despite his setbacks, Teng has co-founded Beijing’s China Against the Death Penalty, and the Open Constitution Initiative, an organisation of lawyers and academics that advocates for the rule of law in China. He also co-founded the China Human Rights Accountability Center from the United States.
Summer Dosch interviewed Teng for Index on Censorship.
Index: What motivated you to specialise in human rights law?
Teng Biao: Before I went to the university, I was a brainwashed high school student, and I didn’t know the meaning of law, human rights, or politics. After a few years of studying in law school at Peking University, I realised that I had been cheated by the Chinese government. I gradually had to develop independent thinking. Once I knew more about the human rights situation in China, I decided to become a scholar. Before I got my PhD, my idea was to focus on academic and intellectual work so that I could use it to promote human rights law in China. Soon after I began to teach at a university in Beijing, I participated in a very influential case, and then I founded a human rights entity. After that, I became a human rights lawyer and dedicated my work to the human rights cause in China.
Index: When did you start receiving threats from the Chinese regime for your work?
Teng: When I started my human rights work, my first case was quite influential, so I was prepared to receive harassment from the government; however I didn’t. Shortly after continuing my human rights work, I received harassment and warnings from the university and the government.
Index: What motivated you to keep teaching, and pursuing human rights law despite the limitations you faced and the threats you received from the Chinese regime?
Teng: I feel as though I have a special responsibility to promote human rights in China as a lawyer and an intellectual. In the early 2000’s, I felt that China was in the process of democratisation, and that there was still so much human rights work to do. It is dangerous, but I thought that I needed to take more risks as an intellectual. Two years after the Tiananmen massacre, I went to the university and I started learning the truth behind it, and I saw myself as survivor of the massacre. So many people have sacrificed their lives to fight for democracy and freedom, so I cannot be silent, and I cannot give up. The feeling of being a survivor of the Tiananmen massacre motivated me to keep going.
Index: What do you think of the current situation in China today?
Teng: After the Tiananmen massacre in 1989, the Chinese Communist Party instituted some economic reforms. In terms of the political system, the reform never happened; therefore it remains a one party system. The fundamental freedoms and human rights of the Chinese people remain very limited. In terms of human rights and press freedom, China has always been one of the worst countries in the world. Before Xi Jinping came to power in late 2012, the crackdown on Chinese society was severe. Although censorship and persecution were there, they were not like what Jinping has been doing for the past six years. After 2013, the human rights situation deteriorated even more. Jinping has turned China’s collective dictatorship into a personal dictatorship.
The Communist party is also establishing what I call high-technology totalitarianism. This kind of high-tech totalitarianism has never happened in human history. It includes DNA collection, facial recognition, artificial intelligence, big data, and a sociocratic system, which have all been used by the Chinese government to strengthen its control over society. Jinping and the Chinese government started a comprehensive crackdown that targeted all the forces that had been fighting for freedom and human rights law, including human rights lawyers, bloggers, scholars, underground churches, and the internet. This crackdown is getting worse, and will continue to get worse in the years to come.
Index: What do you think of Chinese-American relations today? How do they continue to threaten international freedom and intellectual freedom?
Teng: I am quite critical of the American policy towards China. American and other western democracies have adopted an engagement policy. They think that if they permit China to be a part of WTO and international human rights treaties, China will start to move towards democracy, and promote more of an open society; however this has not happened. Human rights activists and dissidents have always called for policy change, and for a link between human rights and business; however the United States has not listened until just recently. Within the last two to three years, I sense that the United States is thinking about a policy change. They have seen more and more evidence that China has become a threat to international free order. Then we also see the trade war between the United States and China, which indicates that there will be more tension between the two countries. The Chinese government has violated human rights and freedom in China, and in doing so has become a threat to global human rights and freedom. So I believe that the threat is from the Chinese government, not from China-United States relations.
Index: How do current Chinese-American relations affect your work as a human rights lawyer today?
Teng: Before 2014, I was in Taicheng publishing my articles and books, and I was also traveling internationally. Because of my human rights activities, I was put under house arrest, kidnapped by the secret police, and tortured. During this time, I wasn’t able to continue my human rights work. Even in the United States, I still feel pressure and interference from the Chinese government. A publishing unit refused to publish my book after I had signed the agreement because they were afraid of the Chinese government. They told me that my book would endanger their programs in China. My graduate talk was also canceled by an ivy league university in the United States.
After I came to the United States, my wife and my children were prevented from leaving China, and were held by the Chinese government as hostages. I also received death threats from anonymous Twitter users, who were obviously working for a Chinese agent. There are many more examples similar to these. Again the threat to my work comes from the Chinese government, not from China-United States relations.
Index: How have intellectuals in China responded to the decline of intellectual freedom in China?
Teng: Most intellectuals, writers, scholars, and journalists are controlled by the Chinese government. No matter what kind of belief or ideology they have, they don’t criticise the Chinese government publically. Only a few intellectuals are brave enough to share their independent thoughts that criticise the current government system. Some of these intellectuals would be seen as dissidents if they went any further. For the past five to six years, intellectual and academic freedom has been decreasing very rapidly. The information control of districts, universities, and publishers became severe. More intellectuals are afraid of being outspoken, so they stay silent, delete their social media, and don’t write critical articles. Only a few dozen intellectuals are still active and courageous enough to be critical.
Index: Do you think there has been a significant emigration of scholars and intellectuals from China?
Teng: I have seen some intellectuals go to the United States in exile, and there will be more. The problem is that it is not easy to live in the United States in exile. Some scholars and human rights activists are in great danger if they continue to live in China. Some of them have been fired, imprisoned, or tortured and therefore have to leave China to apply for political asylum. Most scholars who feel unhappy and pressure from the government, but are not facing immediate danger do not think that it is easy to live in a foreign country. So we haven’t seen hundreds and thousands of Chinese scholars and intellectuals moving outside of the country.
Index: Why did you decide to flee to the United States and what has life been like for you and your family since moving there?
Teng: When I was in China, I was detained and tortured a few times, and my family was targeted. Even after my abduction, disappearance, and torture, I continued my work. In late 2013, many activists of the New Citizens Movement were arrested, and I am one of the initiators of the New Citizens Movement. At that time I was also a visiting scholar at a Chinese university in Hong Kong, so it was quite clear that if I went back to China from Hong Kong, I would be arrested and no longer able to continue my work. I then accepted an invitation from Harvard Law School.
Index: How has your family adapted to life in the United States?
Teng: They are accustomed to American life, but it is always a challenge for foreigners to live in a new country. The language barrier, and the culture difference make life especially difficult. Because of the pressure from the Chinese government, my wife was fired from the company that she had been working for for 17 years. It is not easy for me to get a job because my degree is from China, so I have had to start from zero in the United States; however at least my wife and children are not living in fear. I appreciate the free and safe environment in the United States where I can continue to pursue my human rights activism.
Index: What were you teaching or working on when you were abducted by the secret police?
Teng: The first time I was abducted was in 2008, and the second time was in 2011. I was a lecturer at the China University of Political Science and Law. I was teaching jury’s prudence and constitutional law, but the main reason I was abducted was because of my involvement in several human rights cases, which related to Tibetans, underground churches, and unlawful convictions. I have been involved in many politically sensitive cases. The third time I was abducted was in 2012, and I was only held hostage for one night. I was released before my friends, family, and the media knew about my abduction.
Index: Do you have plans to go back to China in the near future?
Teng: As a human rights lawyer, I really want to work in China. I enjoyed the time I was fighting for human rights law and democracy with my Chinese colleagues. But now, I am unable to return to China without being blocked or arrested by the Chinese government. I predict that government control will only tighten in the coming years, and because of this I will not be able to go back to China. But I really hope that I can go back to either a free China, or as a human rights lawyer to continue my human rights work without being imprisoned for the long-term.
Index: What are your thoughts about the protests against the extradition law being proposed in Hong Kong?
Teng: On June 10 2014, by issuing a ‘white paper’, Beijing had destroyed ‘one country two systems’ which is not only a promise to Hong Kong and UK, but also a part of international commitment. Hong Kong has been an impressive example that a dictatorial regime will not tolerate a special region which has political freedom. The Umbrella Movement was a failed fight for universal suffrage, but the protest against the extradition law seems to be the ‘last fight’, because if this extradition bill is passed, a free Hong Kong will be over soon. It is the shame of the WHOLE WORLD to helplessly see how a free and prosperous city was occupied and killed by a dictatorial regime, and by the appeasement policy adopted by the democracies.
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18 Apr 19 | Magazine, News and features, Volume 48.01 Spring 2019
[vc_row][vc_column][vc_custom_heading text=”Responding to violations of media freedom in Hungary has become a conundrum for the EU. With populist parties poised for large gains in the next European election, Sally Gimson explores in the spring 2019 issue of Index on Censorship magazine what the EU could do to uphold free speech in member countries” google_fonts=”font_family:Libre%20Baskerville%3Aregular%2Citalic%2C700|font_style:400%20italic%3A400%3Aitalic”][vc_column_text]
Hungarian prime minister Viktor Orbán. Credit: EU2017EE Estonian Presidency / Flickr
Dutch MEP Judith Sargentini is enemy number one in the eyes of the Hungarian government. The Green politician incurred that government’s anger when she persuaded the European Parliament to the country losing voting rights.
She accused Hungary, among other democratic failings, of not ensuring a free and uncensored press. But since the vote last September, nothing has happened, except that the Hungarian government launched a campaign against her on state television – and she no longer feels safe to travel there.
“[The government] has been spreading so much hate against me, and if the government is spreading hate, what if there is a lunatic around? I’m not taking the risk,” she said.
“The Hungarian government spent 18 million euros on a publicity campaign against me, after I won the vote – with TV commercials and a full-page advertisement with my face on it.” The other vocal critic of Hungary, Belgian Liberal MEP and former Belgian prime minister Guy Verhofstadt, as well as the philanthropist George Soros were targeted in the same campaign.
With the European elections coming up in May 2019, and the possibility of large gains by nationalist, populist parties, the question is what the EU can do to curb freedom of expression violations on its territory.
The problem according to Lutz Kinkel, managing director of the European Centre for Press and Media Freedom, is the EU has no specific competences over media freedom. No country can join the EU without guaranteeing freedom of expression as a basic human right under Article 49 of the Lisbon Treaty. Article 7 is triggered when there is “a clear risk” of a member state breaching EU values. Although this can lead to a country’s voting rights being taken away, to get to that point, all the other EU countries have to agree.
As Camino Mortera-Martinez, a senior research fellow at the think-tank Centre for European Reform in Brussels, said: “Article 7 is never going to work because it is so vague. [All the other] member states are never going to argue to punish another one by suspending voting rights.”
Historian Tim Snyder, author of The Road to Unfreedom, a book about how Russia works to spread disinformation within the West, told Index he thought Hungary should have been thrown out of the EU a long time ago. But, with Britain’s exit from the EU, it is difficult to start expelling countries now.
“The tricky thing about the European Union, and this goes not just for eastern Europe but everyone, is that there might be rules for how you get in, but once you are in the rules are a lot less clear,” he said.
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Hungary is the most prominent country in Europe to put restrictions on media freedom. Not only is public service media directly under government control, and critical journalists have been fired, but the government has also made sure that private media has either been driven out of business or taken over by a few oligarchs close to Prime Minister Viktor Orbán. The only independent media are very small operations, publishing almost exclusively on the internet.
Snyder told Index: “I think Europeans generally made the mistake of thinking that it doesn’t matter if we have one small country which is going the wrong way [and that] Hungary can’t possibly affect others. But the truth is – because it is easier to build authoritarianism than democracy – one bad example does ripple outwards and Hungary isn’t just Hungary and Orbán isn’t just Orbán; they represent a kind of mode of doing things which other people can look to, and individual leaders can say: ‘That’s possible’.”
This is borne out by Index on Censorship’s Mapping Media Freedom project which tracked media freedom in 43 European countries and found patterns that showed countries following Hungary’s example including Poland.
Anita Kőműves is an investigative journalist in Hungary who works for non-profit investigative outlet Átlátszó.hu which won an Index award for digital activism in 2015. She says not only does Brussels do nothing to challenge Hungary’s undermining of the free press but people in the commission are persuaded it is not all that bad.
She said: “Orbán is walking a fine line with Brussels. He knows that he cannot go too far. Whatever happens here, it must be deniable and explainable. Orbán goes to Brussels, or sends one of his henchmen, and he explains everything away. He has bad things written about him every single day in Hungary and nobody is in jail, so everything is fine… everything is not fine. Freedom of speech, the fact that I can write anything I like on the internet and nobody puts me in jail, is not the same as freedom of media when you have a strong media sector which is independent of the government.”
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The solution for Brussels, she argues, is not Article 7 but for the EU to use European competition law to challenge the monopoly on media ownership the government and government-backed companies have in Hungary.
Kinkel says that this would be a warning to other countries, such as Bulgaria and Romania, which are trying to control the media in similar ways and in the case of Bulgaria giving EU funds only to government-friendly media.
“Governments try to get hold of public service media: this is one step,” he said. “And the other step is to throw out investors and media they don’t like and to give media outlets to oligarchs who are government-friendly and so on and so on, and to start new campaigns against independent investigative journalists.”
In Poland, the European Commission invoked Article 7 because of the government’s threats to the independence of the judiciary. The government so far controls only the state media but, as journalist Bartosz Wieliński , head of foreign news at the Gazeta Wyborcza newspaper, points out, the government used that state media to hound the mayor of Gdańsk, Paweł Adamowicz, for months before he was assassinated in January this year.
Wieliński believes it was only after Britain voted to leave the EU that countries realised they would face little sanction if they chipped away at freedom of expression. Although the EU did not collapse as they expected, the initial disarray gave them an opportunity to test European mechanisms and find them wanting.
Maria Dahle is chief executive of the international Human Rights House Foundation. She believes financial sanctions could be the way to stop countries from crossing the line, as Poland and Hungary have.
“When allocating funding, it should be conditional,” she said. “If [member states] do violate the rule of law, it has to have consequences … and the consequences should be around financial support.”
But Mortera-Martinez warns if the EU starts punishing countries too much financially, it will encourage anti-EU feeling which could be counter-productive, leading to election wins for populist, nationalist parties. The effect of any populist gains in the May elections concerns Kinkel, also: “What is clear is that when the populist faction grows, they have the right to have their people on certain positions on committees and so on. And this will be a problem… especially for press and media freedom,” he said.
Back at the European Parliament, Sargentini is impatient. “It’s about political will, and the EU doesn’t have it at the moment,” she said. “It’s like joining a sorority [with] very strict rules for entering, but when you are there you can misbehave and it’s covered up by the group.”
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Sally Gimson is the deputy editor of Index on Censorship magazine.
Index on Censorship’s spring 2019 issue is entitled Is this all the local news? What happens if local journalism no longer holds power to account?
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SUBSCRIBE NOW[/vc_column_text][/vc_column_inner][/vc_row_inner][/vc_column][/vc_row][vc_row][vc_column][vc_column_text]This article has been updated on 18 April 2019 to reflect that the name of organisation Lutz Kinkel works for had been written incorrectly. The article read “European Centre for Press and Media Reform”, when it should have read “European Centre for Press and Media Freedom”.[/vc_column_text][/vc_column][/vc_row]
