Jun 22, 2021 | News, Publications
The Thai authorities should immediately reform laws, policies and practices that have led to increasing violations of human rights in the digital sphere, the ICJ said in a new report launched today.
The 75-page report, Dictating the Internet: Curtailing Free Expression and Information Online in Thailand, documents a range of laws that does not comply with international human rights law and standards. These laws contain vague and overbroad provisions, wrongly criminalize free expression or prescribe disproportionately harsh penalties, and are applied without independent oversight mechanisms.
These arbitrary restrictions have intensified in response to the COVID-19 pandemic and pro-democracy protests.
“The Thai authorities have continued their systematic abuse of existing and new deficient laws to curtail not only the right to freedom of expression, opinion and information online, but also the rights to peaceful assembly, health and other rights,” said Sam Zarifi, ICJ’s Secretary General.
The Thai authorities have also pressured and co-opted big technological companies to improperly restrict or block content on their platforms, through court-enforced demands and the filing of criminal complaints for failing to comply.
The report further documents how the Thai authorities have failed to adequately protect individuals against the human rights abuses of private actors, who include companies harassing its critics through legal processes and perpetrators of online speech inciting discrimination, hostility or violence.
The report provides specific recommendations to the Thai authorities and technological companies in the communications sector to safeguard in law and practice the rights to expression, opinion and information online as well as offline. These recommendations call for the authorities to, among other recommendations:
- Repeal or substantially amend criminal law provisions that criminalize or unduly restrict human rights online, and review existing laws or develop legislation to protect against SLAPP lawsuits and the incitement of discrimination, hostility or violence;
- Cease harassment and persecution of all individuals for merely exercising their human rights online;
- Refrain from future charges and drop all existing charges against individuals and social media companies facing prosecution for alleged violations of non-human rights compliant laws, and immediately release all held in pre-trial detention or imprisoned on conviction for such cases; and
- Refrain from restricting or blocking online content unless the decision to block has been undertaken following a full analysis applying international human rights law and standards, and authorized pursuant to an order by an independent and impartial judicial authority.
“The Thai authorities must act urgently to stem this deteriorating trend of human rights violations and abuses in the digital space, by repealing or substantially amending its laws, policies and practices in line with Thailand’s international legal obligations,” added Zarifi.
The report follows on from the ICJ’s December 2019 regional report entitled Dictating the Internet: Curtailing Free Expression, Opinion and Information Online in Southeast Asia assessing non-human rights compliant legal frameworks and case studies across Southeast Asia, including Thailand.
Report Launch
The report will be launched on 22 June 2021. The launch includes a panel discussion, which draws together human rights defenders, diplomats, journalists, lawyers and civil society to discuss the increasing attacks on freedom of expression and information online in Thailand through non-human rights compliant laws and practices.
The discussion will include as panelists:
- Sam Zarifi, Secretary General, International Commission of Jurists;
- Poonsuk Poonsukcharoen, Thai Lawyers for Human Rights (TLHR); and
- Chavarong Limpattamapanee, Chairman, National Press Council, Thailand.
Download
The full report is available in English here and in Thai here. The executive summary of the report is available in English and Thai. (PDF)
Contact
Sam Zarifi, ICJ Secretary General, e: asiapacific@icj.org, t: +66-62-702-6369
See also
ICJ, ‘Southeast Asia: ICJ launches report on increasing restrictions on online speech’, 11 December 2019
ICJ, ‘Vietnam: authorities must act to safeguard rights online and end harassment of those expressing themselves – ICJ new report’, 9 December 2020
Jun 21, 2021 | Advocacy, News
Victims of sexual and gender-based violence during Nepal’s 10-year-long civil war still face major obstacles to justice, concluded the participants of a virtual consultation on 19 June 2021, on the occasion of the International Day for the Elimination of Sexual Violence in conflict.
The consultation was organized by the International Commission of Jurists (ICJ), in collaboration with the Conflict Victim Women National Network (CVWN), to address “Enhancing Access to Justice for Survivors of Conflict-Related Sexual Violence”. The Nepali version of ICJ Briefing Paper on “Nepal: Transitional Justice Mechanisms with Gender Perspective” was also launched as part of the consultation.
The ICJ consultation with stakeholders highlighted Nepal’s obligation under international law to ensure right to an effective remedy to the victims of sexual and gender-based violence of Nepal’s decade-long armed conflict, which came to a close with a peace accord in 2006.
Around 80 participants, including human rights defenders and conflict victims from different parts of the country attended the consultation. The participants expressed particular concern at lack of attention to gender issues in the context of Nepal’s transitional justice process since its very beginning, and urged that gender considerations be mainstreamed in the transitional justice process.
Ms. Shrijana Shrestha, Chairperson of the CVWN, underscored the lack of government data on victims of conflict-related sexual violence, and denounced the hurdles victims face in seeking justice, due to social and cultural taboos, lack of a support system, and the current statute of limitation to register complaints of sexual violence.
Ms. Mandira Sharma, ICJ Senior Legal Adviser, highlighted that, as a party to various international human rights instruments, Nepal has an obligation to ensure victims’ right to an effective remedy. Further, she expressed concern about the lack of political will since the beginning of the peace process to address the needs of women victims, in particular of victims of conflict-related sexual violence. She emphasized the need to amend the Truth and Reconciliation (TRC) Act in consultation with victims of the armed conflict.
Similarly, Dr. Susan Risal, human rights activists, emphasized the need to develop strong strategies to deal with conflict-related sexual violence in Nepal, taking into consideration the best practices of different countries.
Ms. Laxmi Pokharel, ICJ Legal Adviser, pointed out that the ICJ Briefing paper (“Nepal: Transitional Justice Mechanisms with Gender Perspective”) has analyzed the TRC legislation comprehensively, and can therefore be of use as a powerful advocacy tool for legal reform. She summarized the main findings of the briefing paper and its recommendations, including:
- Amend the TRC Act, through consultative and participatory process, in line with the Supreme Court’s order and Nepal’s international obligations;
- Ensure the participation of women in both Commissions (i.e., the Truth and Reconciliation Commission and the Commission on Investigation of Disappeared Person) at all levels of staffing and in the appointment of Commissioners with a view to ultimately achieving gender parity;
- Provide gender-sensitive training to the Commissioners and staff of the Commissions in order to enhance their ability to address gender issues in their operation;
- Amend the Criminal Code to remove the statutory limitation for filing complaints of rape and other instances of sexual violence;
- Ensure that amnesties and mediation will not be granted to perpetrators of gross human rights violations, including rape and other forms of sexual violence.
During the discussions, the participants highlighted the following major concerns:
- Despite more than six years of its establishment, the Truth and Reconciliation Commission (TRC) and the Commission on Investigation of Disappeared Person (CIDP) have failed to ensure victims’ right to truth, justice, reparation and guarantee of non-repetition;
- There is an urgent need to identify victims of conflict-related sexual violence and provide them with support in order to address their immediate needs;
- The TRC Act needs to be amended in consultation and with the participation of all main stakeholders;
- The existing statute of limitation to file complaints of rape and other forms of sexual violence is a major barrier for victims of conflict-related sexual violence, and must be amended so that victims can access justice.
The event was organized under the ‘Enhancing Access to Justice for Women in Asia and the Pacific’ project funded by the Swedish International Development Cooperation Agency (SIDA). Due to the COVID–19 pandemic, the webinar was conducted virtually via Zoom and broadcasted live on Facebook. The webinar was conducted in Nepali with simultaneous English translation.
Contact
Laxmi Pokharel, ICJ Legal Adviser – Nepal, e: laxmi.pokharel(a)icj.org
Download
Briefing paper on “Nepal: Transitional Justice Mechanisms with Gender Perspective” in English and Nepali.
Jun 3, 2021 | News, Uncategorized
A recent series of attacks and growing pressure on journalists who criticize the Pakistan government is a cause for serious concern, Human Rights Watch, Amnesty International and the ICJ said today. Those suspected of criminal responsibility should be promptly and fairly prosecuted.
The Pakistan government should conduct prompt, impartial and effective investigations into the recent number of attacks on journalists. The government should rescind official policies that protect the authorities from criticism and instead promote space for public debate and free expression, in the face of threats from extremist groups and government officials.
“The frequency and audacity with which journalists are being attacked in Pakistan is appalling,” said Brad Adams, Asia director at Human Rights Watch. “The Pakistani authorities should bring those responsible for these attacks to justice and ensure that all journalists can do their jobs without fear of intimidation or reprisals.”
On May 25, 2021, Asad Ali Toor, a journalist, was assaulted by three unidentified men who forcibly entered his apartment in Islamabad. They bound and gagged Toor and severely beat him. Toor said that they identified themselves as being from a security agency, interrogated him about the “source of his funds,” and took away his cell phone and other electronic devices. The government ordered an investigation into the incident. In September 2020, the authorities charged Toor with sedition for comments made on social media “maligning state institutions.” A court later dismissed the charges.
On April 20, an unidentified assailant shot and wounded Absar Alam, a television journalist, outside his house in Islamabad. Alam has been a prominent critic of the government. In September 2020, the authorities charged Alam with sedition and “high treason” for using “derogatory language” about the government on social media.
On July 21, 2020, an unidentified assailant abducted another journalist, Matiullah Jan, in Islamabad the day before he was to appear before the Supreme Court for allegedly “using derogatory/contemptuous language and maligning the institution of judiciary.” Jan was released after a few hours. He alleged the abduction was an attempt to intimidate him. A criminal case was registered for Jan’s abduction, but, no suspects have been arrested.
“It is disturbing to see the space for dissent and providing information of public importance rapidly shrink in Pakistan, with journalists as well as human rights defenders particularly at risk of censorship, physical violence, and arbitrary detention,” said Sam Zarifi, secretary general of the ICJ.
Pakistani journalists have long faced serious obstacles to their work, including harassment, intimidation, assault, arbitrary arrest and detention, abduction, and death. As these threats have escalated, Pakistani authorities have also increasingly pressured editors and media owners to shut down critical voices. On May 29, the news channel, Geo, “suspended” Hamid Mir, one of Pakistan’s best-known television talk show hosts, after Mir spoke at a protest in solidarity with Asad Toor.
Other media outlets have come under pressure from authorities not to criticize government institutions or the judiciary. In several cases in recent years, government regulatory agencies blocked cable operators and television channels that had aired critical programs. In 2020, Pakistan ranked ninth on the Committee to Protect Journalist’s annual Global Impunity Index, with at least 15 unsolved killings of journalist since 2010.
In July 2020, the Pakistan Electronic Media Regulatory Authority (PEMRA) ordered 24NewsHD, a television news channel, off the air indefinitely for the alleged “illegal transmission of news and current affairs content.” Journalists and opposition activists alleged that the channel was being punished for airing criticism of the government.
In August 2020, a group of leading women journalists issued a statement condemning a “well-defined and coordinated campaign” of social media attacks, including death and rape threats against women journalists and commentators whose reporting has been critical of the government.
“If the authorities are committed to uphold their human rights obligations, they must take decisive steps against censorship, harassment and violence against journalists,” said Dinushika Dissanayake, South Asia deputy regional director at Amnesty International. “For that, continued impunity must be dismantled.”
Contact
In Brussels, for Human Rights Watch, Patricia Gossman: +32-472-982-925; or +1-347-322-8638 (WhatsApp); or gossmap@hrw.org. Twitter: @pagossman
In Geneva, for the International Commission of Jurists, ICJ Asia-Pacific Communications Officer, asiapacific(a)icj.org
In London, for Amnesty International, Michael Parsons: michael.parsons@amnesty.org
Jun 1, 2021 | Advocacy, News
Thailand’s laws and practices governing the rights of land users may result in unnecessary and disproportionate restrictions on various economic, social, and cultural rights, particularly for forest dwellers and indigenous communities, the ICJ said during discussions last week with members of Thai civil society as well as government authorities.
On 28 May 2021, the ICJ co-hosted a discussion on international human rights law and standards on land rights in Thailand, with 70 members of civil society organizations, human rights lawyers, and academics in attendance. On 4 June 2021, the ICJ spoke at a discussion on the same topic, organized by Thailand’s Ministry of Justice, bringing together 80 governmental officials from several Ministries.
“Thailand’s land regulatory laws do not adequately protect the rights of indigenous people to access their ancestral lands and natural resources and to conduct cultural practices,” said Sanhawan Srisod, ICJ Legal Advisor. “We hope the Thai government will improve its general policies for land use and tenure, especially for indigenous peoples and forest dwellers, in line with its obligations under international law.”
Dr. Seree Nonthasoot, member of the UN Committee on Economic, Social and Cultural Rights (CESCR) from Thailand, spoke at both discussions to introduce participants to the International Covenant on Economic, Social and Cultural Rights (ICESCR) to which Thailand is a party and the role of the CESCR. The CESCR is a body of independent experts from across the world established by ICESCR and tasked with providing authoritative interpretations of ICESCR in its body of jurisprudence.
“The CESCR recommended [that] Thailand […] effectively remove all obstacles to enjoyment of traditional individual and communal rights by ethnic minorities in their ancestral lands […] and ensure that forced evictions are only used as a measure of last resort. These should be addressed without any further delay,” said Dr. Seree Nonthasoot.
Specific issues highlighted by participants in the discussions included:
- Prosecution and Eviction: The use of laws ostensibly designed to counter climate change and forest conservation policies and legislatures, such as the Forest Act, the National Reserved Forests Act and the National Park Act, to prosecute forest dwellers and indigenous communities for trespassing and forcibly evict them from the land belonging to national reserved forests and national parks;
- Participation and Consultation: The inadequate participatory mechanisms and consultations with people affected by land-related policies and practices, in particular the increasing use of online mechanisms as the main platforms for consultation in Thailand, despite the low rate of access to the internet among affected communities;
- Judicial Recognition: The lack of explicit judicial recognition of historical and other indigenous forms of evidence and knowledge in order to establish validity of territorial claims;
- Impact of Tourism: The impact of tourism development projects on communities’ economic, social and cultural rights in land-related contexts, including on their traditional landownership and livelihood practices;
- Compensation and Assessment: The impact of large-scale land acquisitions in areas that had already been occupied or used, without carrying out adequate impact assessments and with inadequate compensation.
Sanhawan Srisod introduced participants to the CESCR’s draft General Comment No. 26, which is open for public comment until 27 July 2021. If a revised General Comment is adopted by the CESCR, it will provide an authoritative interpretation of States’ ICESCR obligations relating to land.
At the meeting’s conclusion, participants discussed advocacy strategies to strengthen Thailand’s legal frameworks once the draft General Comment is adopted by the CESCR.
Further reading
The Human Rights Consequences of the Eastern Economic Corridor and Special Economic Zones in Thailand
Thai Companies in Southeast Asia: Access to Justice for Extraterritorial Human Rights Harms
Joint submissions by ICJ and its partners to the Universal Periodic Review (UPR)
May 25, 2021 | News
The ICJ joined other international human rights organisations to call on the Cambodian government to immediately stop its assault on freedom of expression in the context of the COVID-19 pandemic.
In recent months, the government has warned against public criticism of its actions, prevented independent journalists from reporting on the pandemic, prosecuted individuals for criticising the inoculation campaign, and threatened journalists and social media users with legal actions on the spurious grounds of provoking “turmoil in society.
While Cambodia was spared from high numbers of severe COVID-19 cases in 2020, beginning in February 2021 there has been a spike in cases to which the government responded with disproportionate and unnecessary measures in violation of Cambodia’s international human rights obligations. This includes a campaign against freedom of expression that further constricts media freedom and promotes fear and self-censorship in the country. These measures serve to undermine, not advance, efforts to stop the spread of COVID-19.
The Cambodian authorities placed a de facto ban on independent reporting in Phnom Penh’s red zones—areas deemed to be high risk for COVID-19 transmission. On 3 May 2021, the Ministry of Information announced that only state media or journalists invited by the government would be permitted to report from red zones. The next day, the Ministry of Information issued a letter warning journalists not to disseminate information that could “provoke turmoil in society” and threatening legal action against those who disobey. The letter followed viral livestream footage from multiple Facebook news outlets of long queues of COVID-19 patients outside government treatment centres.
The government’s campaign to silence critical commentary has extended beyond journalists to ordinary people, in a manner incompatible with international human rights standards.
In a press release dated 1 May 2021, the Government Spokesperson Unit demanded the immediate cessation of social media posts intended to “provoke and create chaos” in the context of the COVID-19 pandemic, referring to such posts as “acts of attack” that must be punished. The press release concluded by praising the efforts of government officials to curb the spread of COVID-19 but did not provide any legal justification for imposing these possible restrictions on the right to freedom of expression.
On 30 April 2021, Kandal provincial authorities warned farmers in Sa’ang district not to post images of vegetables spoiling in their fields due to the closure of markets, stating that such communications are bad for morale. One farmer, Tai Song, was pressured by the provincial authorities to sign a document agreeing not to post such content again after he shared a photo on Facebook showing his vegetables rotting and stating that he had to clear and throw away his crops.
The Cambodian authorities have arrested dozens of individuals for expressing critical opinions about the government’s COVID-19 response, including at least six individuals for their criticism of the government’s vaccination campaign. One Chinese journalist, Shen Kaidong, was subsequently deported for publishing a story deemed ‘fake news’ in which multiple Chinese nationals reported receiving a text offering them the Sinopharm vaccine for a service fee.
Authorities have also prosecuted at least three individuals—Korng Sambath, Nov Kloem, and Pann Sophy—for posting TikTok videos criticising the use of Chinese-made vaccines under the new, overly broad and vague Law on Measures to Prevent the Spread of COVID-19 and other Serious, Dangerous and Contagious Diseases (the COVID-19 Law).
These actions are consistent with the government’s systematic and relentless crackdown on freedom of expression and information spanning far beyond the beginning of the COVID-19 pandemic. This latest surge contributes to the government’s broader efforts to silence all critical voices in Cambodia.
The right to freedom of expression is protected by Article 19 of the International Covenant on Civil and Political Rights, to which Cambodia acceded in 1992, and by Article 41 of Cambodia’s Constitution.
Protecting public health is the grounds on which the government is purporting to restrict freedom of expression. While there is a legitimate need to counter the spread of misinformation online to protect public health during a pandemic, this objective must be provided by a clear and accessible law and pursued using the least intrusive means, rather than unnecessary and disproportionate measures like unwarranted arrests, detentions, and criminal prosecutions.
In its General Comment 34, the UN Human Rights Committee emphasised the essential role of the media in informing the public and stated that “in circumstances of public debate concerning public figures … the value placed [on] uninhibited expression is particularly high.” A 2017 Joint Declaration of four independent experts on freedom of expression stressed that “general prohibitions on the dissemination of information based on vague and ambiguous ideas” are incompatible with international human rights standards.
Download
To read the full statement with a list of co-signatories, click here.
