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Recent estimates suggest that India has now overtaken China in population size, but where the world’s most populated country should be a beacon of democracy, the opposite may be true.
Under Narendra Modi, the press is being strangled; the judiciary is no longer independent; and protesters are thrown in jail. You can read more about this in our forthcoming Spring 2023 issue, where our Special Report focuses on the state of free expression in Modi’s India.
In the meantime, here is a quiz to get a flavour of what to expect.
Rwandan journalist John Williams Ntwali – who many believed was the last remaining independent journalist in the country – died last week. He was apparently killed in a road accident in the country’s capital, Kigali, in the early hours of 18 January 2023. He was 43 years old, and leaves behind a wife and child.
It has been reported that a speeding vehicle crashed into the motorcycle he was riding as a passenger. Police spokesman John Bosco Cabera told Reuters that Ntwali was the sole fatality.
Ntwali, who was a leading investigative journalist and editor of the Rwandan-based news publication The Chronicles, was one of the few journalists who was openly critical of Paul Kagame, who became president of Rwanda in 2000. Several journalists and commentators are currently imprisoned under Kagame’s regime.
Ntwali was regularly threatened as a journalist exposing human rights abuses in Rwanda.
“I’m focused on justice, human rights, and advocacy. I know those three areas are risky here in Rwanda, but I’m committed to [them],” he told Al Jazeera. He also spoke about how death threats were common as part of his work.
There were widespread tributes to Ntwali’s death after it was announced.
The Rwanda Journalists Association said: “We are saddened by the death of journalist John Williams Ntwali this week in a road accident. Our condolences go out to his family, the wider media community and friends and relatives. May God rest in peace.”
MP and president of the Democratic Green Party of Rwanda, Frank Habineza, wrote: “It is with great sadness that we share the tragic news of the death of journalist John Williams, who died in an accident. We are patient with his family. God bless you. Our sincere condolences. May his soul rest in eternal glory.”
As the authorities have yet to produce any reports or evidence from Ntwali’s fatal accident, Lewis Mudge, Central African Director at Human Rights Watch, wrote that he not only dared to report about political repression but that “he joins a long list of people who have challenged the government and died in suspicious circumstances.”
The Human Rights Foundation said that his death is considered suspicious as he was in “the regime’s crosshairs for his journalistic work.”
There have also been calls for an independent enquiry into Ntwali’s death, with Ntwali’s family and friends requesting an independent international investigation. Angela Quintal, Africa programme coordinator for the Committee to Protect Journalists, said Ntwali will be mourned and also called for “a transparent, comprehensive, and credible accounting of the circumstances that led to his death.” Index join in these calls for accountability.
Ntwali’s funeral was held in the Gacurabwenge sector of the Kamonyi district, Rwanda, on 22 January 2023.
Rwanda was ranked 136 out of 180 countries in Reporters Without Borders 2022 World Press Freedom Index. According to the organisation, media owners must pledge allegiance to the government, and methods such as espionage, surveillance, arrest and forced disappearance is used in the county to prevent journalists from working freely. It also says that arbitrary arrests and detention of journalists have increased in recent years.
Ntwali’s death comes one year ahead of Rwanda going to the polls. Last summer Kagame said that he planned to run again in 2024, seeking his fourth term in office.
“I would consider running for another 20 years. I have no problem with that. Elections are about people choosing,” he told France 24. In 2017, Kagame reportedly won 99% of the vote, leading to cries of foul-play. Whether Ntwali’s death was suspicious or not, his death leaves a huge hole in Rwanda’s media landscape. Who is now left to speak out against Kagame?
The conviction of Jimmy Lai yesterday on the trumped-up charges of fraud serve a very specific purpose – discredit the 74-year-old Hong Kong media mogul and activist ahead of his National Security trial in December. So said Caoilfhionn Gallagher KC, who is part of Lai’s international legal team at Doughty Street Chambers.
Gallagher was speaking on a panel held on Monday ahead of the trial to discuss Lai, who has been imprisoned in Hong Kong since 2020. The panel took place at the House of Lords and was chaired by veteran journalist John Simpson. The event was hosted by Baroness Helena Kennedy KC. Rebecca Vincent from Reporters Without Borders (RSF) and the last Governor General of Hong Kong, Lord Patten of Barnes, were also on the panel.
Simpson, describing Lai as a personal friend, introduced the event and acknowledged Lai’s personal wealth, pointing out it would have been easier for Lai to have used his money to escape rather than to “face the music”.
Reading a speech from Lai’s son, Simpson quoted Sebastian Lai when saying the CCP “had to corrupt the Hong Kong justice system, twisting it and bending it to fit their whims. So today, I call on the UK government to protect him and secure his freedom.”
This was a strong theme of the debate. While Iain Duncan Smith and Chris Bryant – two prominent MPs from different ends of the parliamentary political spectrum – were present, there was a general feeling that the British government had to do more to help a British citizen unfairly imprisoned abroad, and there had to be more awareness.
Despite acknowledging the help of the Foreign Office and Civil Service, Gallagher feels the previous and current Foreign Secretary ignored the plight of Lai. She said: “We haven’t met Liz Truss or James Cleverly, despite asking to. Whoever is the Foreign Secretary needs to engage with us and make this a political priority. People need to be shouting from the rooftops about this case.”
Patten stated his admiration for Lai, saying: “I hope we make a fuss about him and continue to do so”. He added: “Not only is he a formidable man, but of all the things that angers the CCP is not only that he chose to stay in Hong Kong when he could have left, but that he is also emblematic of what they find so difficult to accept.”
The continued imprisonment of Jimmy Lai and his Apple Daily colleagues will have strong implications for the residents of Hong Kong, Baroness Kennedy believes. She said: “I think, at the moment, a lot of people in Hong Kong believe that these issues won’t affect them, thinking “oh, they’re only going after Jimmy Lai”.” But as Kennedy pointed out, even speaking to people who have been charged under the draconian national security law (which was passed in the summer of 2020) can see people fall foul of the law. And indeed, her wider point was echoed throughout the talk, namely that no one wants to be the frog in the pot of boiling water, not acknowledging how serious the threat is.
Rebecca Vincent said that RSF were releasing a petition to shed light on Jimmy Lai’s situation, urging the Chinese government to drop all charges against him and release Lai, and his colleagues from Apple Daily, without delay.
The Bill has been slipping through Parliament with little attention. The House of Lords will consider it next on 29 October.
The Bill would criminalise expressing an opinion that is ‘supportive’ of a proscribed (terrorist) organisation if the person does so in a way that is ‘reckless’ as to whether it encourages someone else to support a proscribed organisation. The vaguely defined offence comes far too close to making opinion a crime. It would shut down democratic debate: who would dare to argue in favour of removing an organisation from the proscribed list if you risk 10 years in prison? (Clause 1)
The Bill would make it a crime to view online content that is likely to be useful for terrorism, even if you have no terrorist intent. The crime would carry a prison sentence of up to 15 years. It would make the work of investigative journalists and academic researchers difficult or impossible. (Clause 3)
The Bill would bring in a vaguely defined crime of “hostile activity” accompanied by wide-ranging new powers to stop, search and detain. A journalist taking a domestic flight could be stopped without any suspicion of wrong-doing. It would be an offence for the journalist not to answer questions or hand over materials, with no protection for confidential sources. Special rules would apply in the border area in Northern Ireland, meaning that anyone could be stopped, whether the person was planning to cross the border or not. (Section 3)
Joy Hyvarinen, Head of Advocacy at Index on Censorship, said “The Counter-Terrorism and Border Security Bill would change the law on freedom of expression in Britain, restrict press freedom, damage academic research and endanger fundamental rights. The Bill is fatally flawed and we urge the House of Lords to ensure that the government rethinks the Bill”.
Rebecca Vincent, UK Bureau Director for Reporters Without Borders (RSF), said “This bill has extremely worrying implications for press freedom and the protection of journalistic sources. We have underscored our concerns over a number of specific clauses that should be struck, or at a very minimum, amended to include clear exemptions for journalistic activities. We call on Lords to carefully scrutinise this problematic bill and amend it to ensure that it does not contribute to further deterioration of UK press freedom”.
Daniel Holder, Deputy Director of the Belfast-based human rights NGO, CAJ, said “The existing port and border controls powers contained within the Terrorism Act 2000 have been used in Northern Ireland almost 16,000 times in the last four years without one single resultant detention for a Terrorism Act offence. Instead of this bill introducing yet another power that can be used post-Brexit for de facto passport control on the land border, we need extra safeguards over the existing powers. We are particularly concerned that further checks risk increasing racial profiling on the land border and at ports.”
Gracie Bradley, Policy and Campaigns Manager at Liberty, said “By criminalising activities like overseas travel and browsing the web, this Bill risks chilling free speech and curbing journalistic and academic inquiry. The Lords should reject it and the ill-judged expansion of power that it represents. It will not make us more safe, but it will make us less free.”
Thomas Hughes, Executive Director of ARTICLE 19, said “The proposed Bill would introduce extremely broad offences that have the potential to chill free speech and impede the right to seek information for people in the UK. Moreover, the Government has not convincingly shown any need for introducing these new offences or harsher penalties to the existing, expansive legal framework governing terrorist offences and counter-terrorism measures, which itself has already proven prone to abuse.”
Jim Killock, Executive Director of Open Rights Group, said ““One click” criminalisation of viewing streamed content is not the answer to online radicalisation. It may be unclear to journalists or academics that they have a “reasonable excuse” to view such content, and keep them from investigating serious issues.”
Index on Censorship
Reporters Without Borders (RSF)
Committee on the Administration of Justice (CAJ)
Liberty
ARTICLE 19
National Union of Students (NUS)
Big Brother Watch
Rights Watch (UK)
Open Rights Group