11 Sep 14 | Draw the Line, Youth Board
Free expression and policing can have an antagonistic relationship. Recent events in Ferguson are demonstrative of the issues that arise as the demands for protest clash with those for civil safety.
The police are naturally drawn to the forefront of such a debate as they become the physical manifestation of a state’s commitment to free expression and the right to protest. Thus, as the Obama administration launches a federal investigation into whether the Missouri police systematically violated the civil rights of protesters, it is prescient to ask whether one can demand more of the police to protect free expression.
Undoubtedly, enforcement agencies across the world play a tricky role in facilitating expression while protecting the legitimate safety concerns of the local community. Between 2009 and 2013, police in England spent £10 million on security arrangements for EDL marches. There can also be a huge social cost to galvanic protest and the director of Faith Matters, Fiyaz Mughal, has called for a ban on such marches, claiming that “[We] know there is a corrosive impact on communities, it creates tensions and anti-Muslim prejudice in areas. I think enough is enough. I think a banning order is necessary with the EDL”.
What the recent altercations in Ferguson illustrates is that the role of the police in safeguarding free expression must not be overlooked. More importantly, this is a global issue and as six activists being retried for breaching Egypt’s protest law have started an open-ended sit-in and hunger strike it must be remembered that this debate truly gets to the heart of the basic demands of any civic society.
As scenes from Ferguson have at times resembled the images of police crackdowns in Cairo it is clear that complacency about such issues can prove disastrous. It therefore seems vital to drawn certain lines as to where we feel the police should stand when it comes to creating the basis of a safe but also free society.
This article was posted on 11 Sept 2014 at indexoncensorship.org
04 Jun 14 | Brazil, News and features, Religion and Culture
An inter-religious meeting at the Maracanã stadium in Rio de Janeiro to mark the beginning of the Peace Cup campaign (Tomaz Silva/Brazil Agency)
A request to remove 16 videos from YouTube has sparked a broad debate on the limits of freedom of speech and religious expression in Brazil. According to the complaint by the National Association of African Media, filed to the Regional Prosecutor’s Office of Rio de Janeiro (MPF), the videos encourage intolerance and prejudice against religious practices of African origin (Candomblé and Umbanda). The videos were posted by the Igreja Universal do Reino de Deus (IURD), a Neo-Pentecostal church.
The federal prosecutors from the MPF asked Google Brazil to remove the videos. But Google refused, arguing that the material disclosed “would be nothing more than the manifestation of the religious freedom of the Brazilian people” and that the videos “did not violate the company’s policy”.
On 17 May, the issue was taken to the federal court in Rio de Janeiro. There, judge Eugenio Rosa de Araújo denied the request for the removal of the videos. “Its contents are manifestations of free expression of opinion,” he stated. He argued that “the African-Brazilian religious practices do not constitute a religion” because “the religious manifestations (African) do not contain necessary traits of a religion”. He stated that a religion needs to have traits such as a baseline text (“as the Bible or the Koran”), a hierarchical structure and one God to be worshiped.
Notably, the ruling has two parts: the first determines that the videos are to be kept online, and is based on the right to freedom of expression. In the second part of the sentence, the judge defines what religion is, and excludes religions with African-Brazilian origin from this scope.
The representative of the Commission Against Religious Intolerance, Ivanir dos Santos, accused the judge of encouraging prejudice. “He is an employee of a laic State and is submitted to the Brazilian constitution and laws. He violated the constitution and the law against the racial discrimination.”
Facing such strong reaction, the judge Eugenio de Araujo Rosa went back on his decision. In a statement, he admitted he made a mistake and revised his sentence. “The strong support of the media and civil society demonstrates unquestionably the belief in the worship of such religions,” he said, referring to African-Brazilian beliefs.
But the original position of the judge is still causing reactions. The Order of Lawyers of Brazil repudiated the ruling, while the MPF has filed an appeal, arguing that “the decision mistreats the awareness, the honour and the dignity of millions of Brazilians who recognise themselves in these religions”. Protests by African-Brazilian culture organisations were held in at least seven cities. Leaders of all Brazilian beliefs gathered at Maracanã Stadium, calling for more peace and religious tolerance.
In addition, representatives from the MPF will file a lawsuit to the Superior Court of Justice (STJ), one of the highest organisations in the Brazilian judiciary system, against Judge Eugênio Rosa de Araújo. “Our intention is to remove the videos. It is not about freedom of expression, but about the spread of hatred,” said Santos.
On 28 May, the Federal Regional Court (TRF) received a petition with 1,000 signatures, demanding the removal of the videos. The petition was organised by the Commission Against Religious Intolerance and the National Association of African Media. The representatives of the afro culture argue the court’s decision to keep the videos on the internet violates the Universal Declaration of Human Rights, Article 129 of the Brazilian Constitution, and the Statute of Racial Equality (Law 12.288/2010). The statute stipulates that the government must protect the communities of African origin from hateful content in the media. The law forbids “the use of the media to disseminate images and contents that expose a person or group to hatred or contempt on the grounds of religion with African roots”.
FuA national demonstration against prejudice towards African-Brazilian religions has been scheduled. The event is organised by various associations for the defence of black culture, with the support of the Order of Lawyers of Brazil, the National Council of Justice (CNJ), the Human Rights Commission of Congress national and the Organization of American States (OAS). In congress, the Parliamentary Front in Defence of “Traditional Peoples of Terreiro” was created, aiming to institutionalise the defence of religions of African origin. The bloc will be a counterpoint to the Evangelical Parliamentary Front, which brings together 77 congressmen who form the base of support for the government of Dilma Rousseff.
“The theme is of utmost importance, because [it] involves guarantees which the constitution itself assures. I hope that it resolves itself quickly,” the President of the Federal Court, Sérgio Schwaitzer, told the Jornal do Brasil.
According Edson Santos, the deputy of PT (Workers Party) and former minister of racial equality, the judge encouraged the prejudice against African-Brazilian sects. He argued that the magistrate will be denounced at the National Council of Justice. “The decision was absurd and deeply regrettable, because it hurts the constitution”, he told to the newspaper Folha de S. Paulo.
“This conflict of law is challenging and raises questions about the limits of freedom of expression,” said Professor of Philosophy of Law José Rodrigo Rodriguez, of Law School of São Paulo from the Fundação Getúlio Vargas. Analysing the topic in an article, he argues that “one can say, without fear of any excess, that the decision has a clear discriminatory effect, despite the certainly good intention of the judge”.
This article was posted on June 4, 2014 at indexoncensorship.org
04 Apr 14 | Europe and Central Asia, Events, United Kingdom
Thousands of protesters took to the streets of Istanbul on 1 June in the capital’s Taksim Square during demonstrations over plans to turn Gezi Park into a shopping mall. (Photo: Akin Aydinli / Demotix)
Protests are commonplace in many democracies all over the world, but in the last year there have been several limitations and blockades made to this right. From the protests on several university campuses, to those in Istanbul’s Gezi Park, to the more recent protests in the Ukraine, the world has seen that the right to assembly can still be seen as a direct threat to the authorities and one they wish to suppress. However, are there ever instances when protests should be suppressed, whether because they put the population at risk or are representing an extremist ideology at odds with the rest of society?
Index on Censorship and Sussex University Politics Society are hosting a panel debate to look at the importance of the right to assembly to freedom of expression at Sussex and around the world.
The panel will be a diverse range of free speech experts, and media, academic and student representatives.
Join us on Tuesday 8th April at 6pm in Fulton 104 on Sussex University campus to debate and discuss these important issues.
10 Feb 14 | Americas, Brazil, News and features, Politics and Society
In Curitiba, about 300 protesters took to the streets of the central city asking for more health and safety improvements in the country and against the hosting of the World Cup 2014 in Brazil. (Image: João Frigério / Demotix)
On 8 January, residents in Rio’s Metrô-Mangueira favela, were greeted by government representatives, set to demolish houses and evict residents. A demonstration was led then by the residents to fight their removal, but once again violence broke out between the police and the protestors, with police firing rubber bullets into crowds.
Rio On Watch said: “Having evicted long-time residents to public housing units without any public consultation over the use of land – required by local legislation – the city left the land and houses to be occupied by those in most desperate need of public housing.” These “desperate” residents are now being forced out and given no alternative housing, despite promises from mayor Eduardo Paes that nobody would be left homeless.
The demonstration in the Metrô favela, is emblematic of the current mood all across Brazil. Triggered by a hike in already expensive bus fares, 2013 saw Brazil’s biggest protest movement for over 20 years, in what became known as the “V for Vinegar” movement or the “Salad Revolution”. More than two million protestors took to the streets to fight against issues such as government corruption, poor social services and a rise in the cost of living. Right at the heart of the movement however, was a feeling of alienation and exclusion from the decision making process for the preparations of the 2014 World Cup.
According to the United Nations Human Rights Council, in the context of the implementation of sporting mega events, all UN states must, “ensure full transparency of the planning and implementation process and the meaningful participation of the affected local communities therein”. However this transparency is not happening in Brazil as authorities bulldoze favelas, and replace them with car parks and shopping centres.
A report by the National Coalition of Local Committees for a People’s World Cup and Olympics said: “Supported by a twisted notion of ‘public interest’, the Brazilian state has systematically refused to establish horizontal dialogues with civil society groups and threatened communities.”
In many cases residents learn of their evictions through the media before government communications. This was true for the residents of Vila Autódromo in Rio, who first learned of their proposed eviction through the front page of the O Globo newspaper on 4 October 2011.
In other cases, residents are told by authorities that their properties must be demolished because of alleged structural risks. Three hundred homes were identified for demolition because of such “structural risks” in Pavão-Pavãozinho, but residents have been waiting since July 2011 for authorities to provide evidence of such risks. This is a further example of the Brazilian government failing to offer their citizens information or ensure political transparency.
The government has established two bodies to organise the World Cup, which exist outside the normal political structure. The 2014 World Cup Steering Committee and the Committee Responsible for Host Cities liaise with FIFA, the federal government and advisory bodies mostly comprised of private companies. Decisions made by these bodies are not discussed with the public, and information regarding plans is excluded from the general population.
In Curitiba, the population unanimously opposed the council’s decision to give £22.5m to the private construction of the João Américo Guimarães Stadium. However requests for information were denied and there was no public participation in the council’s decision.
The example of the João Américo Guimarães Stadium, is typical of the wider situation whereby the government is spending billions of dollars on the construction of infrastructure and stadiums without giving the people a say in the matter. The Arena da Amazônia stadium in Manaus has cost £151m, while The Economist estimates that the Brazilian government has already spent £1.9 billion on World Cup stadiums collectively.
Marcelo Pelligrini, a journalist from São Paulo told Index on Censorship: “This is a huge stadium [Arena da Amazônia] because of the standards of FIFA, but after the World Cup we have no use for this stadium, and after the tournament it will probably become a jail.”
“The main point in Brazil is the use of these millionaire stadiums. That is what the population is complaining about. They are spending half a billion reias on a stadium that has no use after the World Cup, and we have no good transportation, no health insurance, we have nothing,” Mr Pelligrini said.
The World Cup is not benefiting the Brazilian people, according to Pelligrini: “We have great stadiums, but no good services.” He also felt that the Brazilian people were not being given democratic representation in the decision making process.
Denied a say in the preparations for the World Cup, the Brazilian people flocked to the streets in 2013, to protest against the way the government has been organising the tournament. The protests were driven by a multitude of building grievances, but a feeling that the democratic process had broken down, and the voice of the Brazilian people was being ignored, was at the heart of the demonstrations. Protestors held banners proclaiming, “FIFA go home”, “We don’t need the World Cup, we need money for hospitals and education” and “World Cup for whom?”
These sentiments epitomise the zeitgeist of the Brazilian nation, and their feeling that the World Cup has only benefited the few, while he vast majority are excluded from the decisions and thus the benefits.
The recent protest in the Metrô-Mangueira favela underlines how these grievances are ongoing. The image of residents clashing once more with riot police depicts the ultimate breakdown in communications and democracy in the lead-up to the biggest, and supposedly most unifying, football tournament in the world.
This article was posted on February 10 2014 at indexoncensorship.org
