Brazil: Bills rushed through congress in bid to suppress World Cup protests

Protests against increase in public transportation costs in Rio de Janeiro on 13 February (Image: Mauricio Fidalgo/Demotix)

Protests against increase in public transportation costs in Rio de Janeiro on 13 February (Image: Mauricio Fidalgo/Demotix)

On Friday 14 February, Brazil’s Minister of Justice, José Eduardo Cardozo, announced a bill to regulate safety measures during protests. The bill allows for use of force by the military police and punishment for violent actions during demonstrations, and will be sent to congress for consideration in the coming days. The move comes after the death of Bandeirantes Network cameraman Santiago Andrade on 10 February, from injuries sustained covering a protest. This is the latest move by Brazil’s government to control popular discontent ahead of this summer’s FIFA World Cup.

The government is rushing vaguely worded, extraordinary bills defining “terrorism” to the floor of congress. Currently, there are no specific laws for the crime of terrorism in Brazilian legislation. Crimes are classified in the National Security Act, created during the military dictatorship. A number of bills tackling this issue, which could potentially penalise protest actions, are now being debated in congress, without input from the population.

A street protest against rising bus fares in Rio de Janeiro on 6 February erupted in violence, when gas bombs and fireworks thrown by some demonstrators injured seven people, including Santiago Andrade. The cameraman was hit by a rocket firework launched by two protesters, which burst over his head. He later died from the injuries, and the two protesters were arrested in controversial circumstances.

The incident generated national uproar. Congressmen called the protest an act of terrorism and promised action. A number of figures within the Brazilian government, including President Dilma Rousseff, condemned the “escalating violence in protests”. Citing public security, congress moved quickly to table bills aimed at defining actions in public places — both violent and non-violent — as terrorism. Bill 499/2013, which has been fast tracked for consideration, defines terrorism as “causing terror or widespread panic” and threatens penalties of up to 30 years. The bill further stipulates that acts of terror committed with explosives increases the penalty by one third. It also criminalises “Black Bloc” protest groups, and wearing masks. Legal experts have criticised the bill for its vague language which leaves room for wide interpretations. Further, critics contend that it shows the government’s intent to use the bill as a tool to suppress popular protests during the World Cup.

The controversial Bill 728/2011 was created to punish “infractions” committed during the World Cup. In its text, acts of terrorism are associated with religious or ideological positions, and it also limits Brazilians’ ability to strike. The bill was nicknamed the AI-5 Cup, after the 1968 AI-5 act, which in gave extraordinary powers to the then-president and suspended key civil and constitutional guarantees for over 20 years. Under pressure from Brazil’s civil society, 728 was shelved.

Still under consideration in congress, however, is Bill 236/2012 — an anti-terror project that promises to modernise Brazil’s penal code, which dates from 1940. While it categorises terrorism, 236 does not define it. Among its most dangerous threats to freedom of expression is the criminalisation of disturbing the peace, and damage to public property by “vandals” and “vagrants”. The bill does not further define or clarify these terms.

Former justice minister Miguel Reale Jr, a renowned jurist and professor of law at the University of Sao Paulo, criticised the law’s “legal nonsense” and labelled it a setback for journalism.  The bill would criminalise defamation and impose four year sentences without adequately defining this offence. He has launched a campaign against it, which has gained support from the legal community.

Bill 236 also contains “crimes against sporting and cultural events”. Any person who promotes “tumult” within 5 km of a sporting event would be imprisoned for up to two years, and the bill would also block protest access to the sport or cultural venue for up to three years. If applied, any popular protest on game days could be banned.

But whether or not some or all of the bills are passed, President Rousseff looks set to be able to curtail protests. On 20 December, a manual on the enforcement of law and public order, put together by the Ministry of Defence, entered into force. The manual defines “opponent forces” as persons, groups or organisations that provoke radical and violent actions, and cites the blocking of public streets as a major threat. Under certain conditions, the manual allows the president to give police powers to the armed forces.

Brazilians who wish to take to the streets, could have an interesting spring.

This article was posted on February 17, 2014 at indexoncensorship.org

Palestinian Arab Idol banned from performing at the World Cup

(Image: Eloïse Bollack/Demotix)

(Image: Eloïse Bollack/Demotix)

Palestinian Arab Idol winner Mohammad Assaf says he has been banned from performing at the World Cup opening ceremony this summer — and that Shakira is boycotting.

He said at a press conference earlier this week that he was supposed to sing at the show kicking off the FIFA World Cup in Brazil, but that because of some “countries” or “groups” — no one was specified — his record company was told this won’t happen after all. He also said that Colombian superstar Shakira, who sang the 2010 World Cup anthem “Waka Waka,” has refused to perform at the ceremony because of it.

Assaf rose to fame last year when he won the regional singing competition Arab Idol, and was especially lauded for his performances of traditional Palestinian music:

In the process, he gained some high-profile fans. FIFA President Sepp Blatter visited Palestine last summer, and said he would invite Assaf to sing at this summer’s World Cup

It was reported then that Assaf and Shakira might sing together in Brazil, but now it appears both will be staying away from the festivities.

Assaf, a former wedding singer, has become somewhat of Palestinian hero; when his victory was announced, people in Gaza and Ramallah poured onto the streets in celebration.

In addition to singing patriotic Palestinian songs, Assaf has made political statements on a number of occassions: “We are searching for our rights, for peace, unity and the end of the occupation and illegal Israeli settlements,” he said to the New York Times in December.

But Assaf’s popularity, which has made headlines abroad, has also drawn criticism.

In an email complaining to Secretary of State John Kerry, Israeli Prime Minister Benjamin Netanyahu said that Palestinian children are “educated to hate Jews, while Palestinian officials continue to call for their deaths.” He also included a link to one of Assaf’s performance of ali al-keffiyeh, a Palestinian folk song.

“We are not aware of the Arab Idol. Details concerning the official ceremony are still being defined,” a FIFA representative said to PolicyMic in response to his comments.

The 2014 FIFA World Cup has attracted serious criticism for the high costs to the public purse, the lack of transparency and the unsafe conditions at building sites, which have seen workers lose their lives. The dissatisfaction culminated last summer with widespread demonstrations, during which police targeted journalists and protests. Brazilians have also taken to the streets more recently, and authorities have “embraced measures aimed at containing protests.”

It remains to be seen whether this will become yet another controversial issue FIFA and the organising committee have to answer to in the 119 days left until the World Cup kicks off.

Reposted with permission from PolicyMic

Brazil’s opaque World Cup preparations roil protesters

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)

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

Brazil moves to unmask protesters

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. Photo: João Frigério / Demotix

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. Photo: João Frigério / Demotix

In the wake of mass protests sparked by rising transport fares in 2013, Brazil has embraced measures aimed at containing protests. One of the most controversial bans the use of masks during demonstrations.

Approved by the governor of Rio de Janeiro, Sergio Cabral, Act 6.528 stipulates that it is “especially forbidden” to wear masks or other means to prevent identification of protesters. The criminalization of masks was also adopted by the state of Pernambuco and cities across the country without legislative consideration. Act 6.528 also contains a provision that requires telephone companies and internet service providers to respond within 24 hours to police requests for information about masked demonstrators that have been arrested.

The Rio de Janeiro law not only prohibits masks: hoods, scarves or anything that hides the face of demonstrators is likely to draw the attention of security services. Protesters who refuse to remove their mask are taken to a police station to be photographed and fingerprinted for identification.

While violence was limited to small groups during the mass protests that target social inequality, official corruption and the staggering cost of the 2014 Brazil World Cup venues, the Brazilian media has routinely showed photos of masked participants and labelled them as “vandals”, “rioters” and “anarchists”.

Authorities say the mask ban is justified and necessary to protect public and private property from “criminals” and in the name of “public safety”. But some Brazilian lawyers say the ban is a fundamental violation of civil rights and is a dangerous precedent for the country’s democracy.

Specifically, legal specialists say, the prohibition violates Article 5 of Brazil’s federal constitution. In September, the National Human Rights Commission of the Ordem dos Advogados do Brazil challenged the mask ban in court. Another legal challenge has been filed in Rio de Janeiro state as the law “prevents the citizen’s right to free expression”. So far, neither challenge has had any effect.

Human rights organizations claim that the prohibition is an extreme violation of freedom of expression and charge the government with authoritarian motives. Amnesty International has called on the government to respect the right to protest, and halt the arbitrary arrests and criminalization of protester, since the actions are a violation of Brazil’s constitution. Further, Amnesty says, the ban endangers the fundamental principles of a democratic state and are “typical of authoritarian regimes”.

In late January, demonstrations against the World Cup took place in 14 cities – led by hundreds of masked protesters. In Sao Paulo alone, more than a 100 people were arrested. One unmasked protester, Fabrizio Proteus, was shot twice and interrogated by police officers while he was still in intensive care. Activists claim the interrogation and the information he provided was illegal.

For her part, Brazil’s president, Dilma Rousseff, who is worried about elections, is backing an extensive advertising campaign to defend the World Cup. Public spending on the event has topped 8 billion Reais or £2.032 billion. Critics of the government spending have formed a movement under the banner of “Nao Vai Ter Copa”, “No World Cup”, to cause agitation against the games. The president’s advisors say new mass protests may have a negative impact on her re-election plans. In 2013, Rousseff’s popularity ratings fell over 20 per cent during the protests.

In the meantime, the Federal Police and the Agência Brasileira de Inteligência (Brazilian Intelligence Agency – Abin) are scanning the internet, especially on social networks, in search of “agitators” and suspects.

Everything indicates that repression has just begun.

This article was originally published on 5 February 2014 at indexoncensorship.org