Sri Lanka: End government crackdown on peaceful protestors

Sri Lanka: End government crackdown on peaceful protestors

The International Commission of Jurists is part of a group of 13 organizations that have issued a joint statement condemning the Sri Lankan authorities’ violent crackdown and increasing reprisals against peaceful protesters in Sri Lanka. This includes arrests, intimidation and the brutal attack on the protest camp in Colombo on 22 July 2022. The Sri Lankan authorities must ensure that security forces do not use excessive force and will respect the rights of peaceful protesters at the Gotagogama’ site, which authorities have ordered to be vacated by 5:00 pm on 5 August 2022.

Pakistan: Escalating Attacks on Journalists

Pakistan: Escalating Attacks on Journalists

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 [email protected]. 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: [email protected]

Cambodia: Stop silencing critical commentary on COVID-19 

Cambodia: Stop silencing critical commentary on COVID-19 

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.

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To read the full statement with a list of co-signatories, click here.

Libya: impunity prevails 10 years on from the revolution

Libya: impunity prevails 10 years on from the revolution

17 February 2021 marks the tenth anniversary of the Libyan revolution.

Back then, protestors had taken to the streets calling for an end to Gadhafi’s authoritarian rule: a regime beset by the commission of widespread and systematic gross human rights violations, including arbitrary arrest and detention; enforced disappearances; torture and other ill-treatment; the oppression of women, minority groups, political dissidents and government critics; and the curtailment of freedom of expression, association and assembly.

Libyans who supported the 2011 revolution hoped it would usher in a nascent democracy and present an opportunity to address the country’s bleak legacy. A decade on, however, the pursuit of justice and accountability remains unfulfilled, and the cycle of impunity unbroken, as a multitude of State actors and armed groups continue to perpetrate crimes under international law, including against thousands of migrants, refugees, asylum seekers and stateless persons.

Attacks against human rights defenders, lawyers and activists, including extrajudicial executions, enforced disappearances and torture, are pervasive, particularly so against women. The post-2011 period has also witnessed an increasingly brutal crackdown on civil society, journalists and bloggers, in addition to the violent suppression of peaceful protests through excessive use of force and arbitrary arrests.

Against a backdrop in which domestic accountability efforts are hindered by cycles of violence, weak and ineffective law enforcement agencies, and by the arbitrary exercise of policing and detention powers by armed groups, international efforts to fight impunity in the country are underway. The Office of the Prosecutor of the International Criminal Court (ICC) is currently investigating some of the crimes under international law committed after 2011, including war crimes committed in the context of armed conflicts. However, certain individuals against whom ICC arrest warrants have been issued, including Mahmoud Al-Werfalli, remain at large.

In June 2020, the UN Human Rights Council established an International Fact-Finding Mission (FFM) tasked with investigating violations and abuses of international human rights law and international humanitarian law committed by both State and non-State actors in Libya since 2016. The FFM’s work will be key in addressing impunity in the country and will complement national efforts to address the accountability vacuum.

The country’s interim executive, selected by the Libyan Political Dialogue Forum on 5 February 2020, and any future elected government must put the peoples’ demands for justice and accountability at the forefront. In particular, the Libyan authorities must commit to implementing a transitional justice process, neglected so far, that could genuinely pursue accountability, and guarantee full participation of victims and the public in the process, and thereby realize the right to truth and reparations of the victims of past and ongoing human rights violations and abuses.

To this end, the International Commission of Jurists and the Defender Center for Human Rights call on the Libyan authorities to:

  • Guarantee freedom of assembly, association and expression of all persons, and protect human rights defenders, activists and journalists from reprisals and unwarranted prosecutions;
  • Protect all persons from arbitrary arrest and detention, extrajudicial executions, torture and other ill-treatment, and enforced disappearances;
  • Effectively investigate and prosecute crimes under international law, and ensure that no amnesty, immunity or statute of limitations apply to such crimes;
  • Reform the security sector to ensure effective civilian oversight over security and armed forces;
  • Set up a concrete plan to disband and disarm all militias and armed groups;
  • Guarantee the independence of the judiciary, the respect of international fair trial standards, and refrain from trying civilians before military tribunals;
  • Protect refugees, asylum seekers, stateless persons and migrants in line with international law;
  • Ensure that the right to an effective remedy and adequate reparations are granted to victims of human rights violations;
  • Cooperate fully with the ICC and support their efforts to obtain custody of any suspects;
  • Provide the FFM with full support and access to victims, witnesses and any other interested persons throughout Libya’s territory.

Download

Libya-Impunity-Joint-Statement-2021-ENG (English)

Libya-Impunity-Joint-Statement-2021-ARA (Arabic)

Contact

Said Benarbia, Director, ICJ Middle East and North Africa Programme, t: +41-22-979-3817; e: said.benarbia(a)icj.org

Asser Khattab, Research and Communications’ Officer, ICJ Middle East and North Africa Programme; e: Asser.Khattab(a)icj.org

Venezuela: attacks against freedom of expression must cease immediately

Venezuela: attacks against freedom of expression must cease immediately

The recent campaigns of stigmatization, harassment, and repression against the media in Venezuela constitute a clear attack against the freedoms of expression and of access to information and infringe upon journalists’ important contributions to expose human rights violations committed by the authorities.

These attacks follow incidents of harassment of other organizations and may be part of a broader campaign against civil society in Venezuela, through which the authorities undermine the work that these groups carry out in defense of human rights.

The media outlet Efecto Cocuyo, community radio channel Fe y Alegría, as well as the National Press Workers Union, VPI TV, and news journal Panorama, among other media outlets, have become the target of stigmatization campaigns and legal scrutiny by the authorities that respond to Nicolás Maduro.

According to Venezuelan human rights organization PROVEA, during the first 8 months of the state of emergency declared in response to the pandemic, 66 journalists and media staff have been detained in Venezuela.

Since January 6, 2021, independent media organizations such as Efecto Cocuyo and El Pitazo have been accused, first by pro-government media and later by Venezuelan authorities—including Maduro himself—of advancing foreign “interference” efforts in exchange for international cooperation.

At the same time, digital news channel VPI TV was subject to an arduous audit and the seizure of its equipment from its office in Caracas, which provoked the “temporary” closing of its operations.

On January 8, daily newspaper Panorama announced on social media that its operations had been closed for five days by the National Integrated Service for the Administration of Customs Duties and Taxes (SENIAT), on the grounds of “incompliance with formal duties and tax obligations.” The media organization complied with this order to close.

Other media groups have faced attacks by unknown actors during this same period. One example is the digital newspaper Tal Cual, which on January 8 reported that it had been the target of a 3 hour-long digital attack, during which staff experienced difficulties accessing their own web page.

The government of Nicolás Maduro frequently uses public accusations and other forms of harassment to intimidate and attempt to silence those who criticize the government, express ideas contrary to its policies, or denounce human rights violations—including against humanitarian actors—all of which undermines the right to freedom of expression.

These patterns of harassment amount to serious attacks against the integrity, freedom, and judicial guarantees of human rights defenders and journalists.

According to High Commissioner for Human Rights Michelle Bachelet, in Venezuela “journalists and human rights defenders critical of the government continue to face intimidation and public defamation,” and there are clear “restrictions on the freedom of expression,” including the “application of legislation against targeted groups, attacks against human rights defenders and the detention of journalists.”

Human rights violations occur in a systematic and generalized manner in Venezuela, and the United Nations Fact-Finding Mission found “reasonable grounds to believe” that crimes against humanity were committed in Venezuela between 2014 and 2020.

The Venezuelan authorities have a responsibility to prevent such harassment and attacks, and to abstain from encouraging or committing them.

The occurrence and recurrence of these types of actions, including the persecution of human rights defenders and journalists, the violation of their freedom of expression or illegal or arbitrary detention, or the eventual criminalization of international support for human rights defenders, may amount to serious human rights violations or crimes under international law.

The below organizations condemn these incidents and firmly demand that authorities under the command of Nicolás Maduro put an end to the harassment and attacks against media outlets, journalists, and human rights defenders.

We also request that the authorities guarantee respect for the informative work of these groups and their freedom of expression, as well as their contributions to expose human rights abuses and violations committed in Venezuela.

Signing organizations:

Amnesty International

Conectas

International Commission of Jurists

Human Rights Watch

Washington Office on Latin America (WOLA)

 

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