Qatar’s Most Recent Media law Draft Restricts Free Speech

By Justin Dorman
Impunity Watch Reporter, Middle East

DOHA, Qatar – Compared to its neighbors in the Middle East, Qatar considers itself to be “a center for media freedom.” Nevertheless, the last draft of Qatar’s media law, which was approved by the Shura Council in June 2012, does not meet international standards for freedom of expression, as it does not permit the right to criticize rulers or government policies. In response to this law, Human Rights Watch has censured Qatar.

 

The new media law has already been approved by Qatar’s legislature and awaits ratification from Sheikh Hamad, seen above. (Photo Courtesy of Hamsayeh)

The new draft would signify the first change to Qatar’s media laws since ruler, Sheikh Hamad bin Khalifa al-Thani, created the Doha Center for Media Freedom. The Doha Center has been promoting press freedom and quality journalism in the country since its inception in 2008. This desire to protect the press is clear, as the new law abolishes criminal penalties for media law violations. The same act, however, in article 53 also prohibits the transmission of any information that would “abuse the regime or offend the ruling family or cause serious harm to the national or higher interests of the state” or “throw relations between the state and the Arab and friendly states into confusion.”

If a person were to be sanctioned under the article 53 provision, one could face some pretty harsh penalties. A violation of the act faces a fine of up to 1 million Qatari Riyals ($275,000). Additionally, the media act serves as a cognate to article 134 of Qatar’s penal code, which makes criticism of the emir illegal. That code carries with it a five-year prison sentence.

Qatar’s constitution guarantees the freedom of expression and opinion. The country is also bound by article 32 of the Arab Charter on Human Rights, which grants the right to free expression. Despite these pledges, Qatar has refused to ratify the United Nations Human Rights Committee’s International Convention on Civil and Political Rights, which under article 19 stipulates that the criticism of a public figure does not warrant penalties. Allowing criticism of public officials is crucial to permitting debate about governance which is essential to true freedom of expression.

“’Qatar’s commitment to freedom of expression is only as good as its laws, which in this case do not meet the international standards it professes to support,’ said Joe Stork, deputy Middle East director at Human Rights Watch. ‘Instead of supporting press freedom, this draft media law is a commitment to censorship.’”

While the Shura Council, Qatar’s legislative body, has already approved the law, it must still be ratified by Sheikh Hamad before it becomes official.

For further information, please see:

Alunaniya – Qatar: new Draft on Media law Restricts Exercise of Free Speech – 31 October 2012

Hamsayeh – Human Rights Watch Slams Hamad, Raps Qatar’s Media law – 31 October 2012

Guardian – Qatari Sheikh Must not Approve Media law, Says Human Rights Group – 30 October 2012

Human Rights Watch – Qatar: Revise Draft Media Law to Allow Criticism of Rulers – 30 October 2012

Bolivian Legislation Plans To Regulate Social Media

By Brendan Oliver Bergh
Impunity Watch Reporter, South America

SUCRE, Bolivia – The Bolivian government may be intending to not only regulate Social Media but has levied vague threats against critics of President Evo Morales’ regime. Last week Vice President Alvaro Garcia Linera claimed to have been stalking people online and “Writing down the first and last names of the people who insult him [President Morales] on Facebook and Twitter.”

President Evo Morales Faces Social Media Insults. (Photo Courtesy of CNN)

Threats aside lawmakers from the Socialism Party hope to push a proposed law regulating social media through the country’s congress and impose sanctions upon those who insult the President.

Backers of the proposed bill claim that constructive criticism is fine, but claim they are seeing something much more sinister. That people become heated and get personal beyond the realms of respect, and that hatred is what the new law will regulate on social media.  Congressmen Franklin Garvizu believes that this ‘criticism’ they are seeing online is “A case of systematically using communications mechanisms to plant hatred against the government, to harm the image of our president.” The threat is not necessarily imagined. The Arab Spring that began in late 2010 that toppled leaders in the Middle East was pushed through social media services like Twitter. They used social media to coordinate and spread information.

Opposition to Bolivia believes this to be an authoritarian aim to censor the people and social networks. The fact that people believe that the government is monitoring information on digital websites and networks has possibly exasperated the situation as people have taken to those same social networking sites to express their criticism. While many of these insults are lowered to debasing the President through racial slurs, the belief that regulating the speech of critics could be used to black out any criticism of the government. In many parts of the world, the thought of regulating free speech on social media would be seen as a breach of human rights.

There are currently 10 million Bolivian residents, 8.7 of which have cell phones with the ability to view Facebook, Twitter and YouTube, with approximately 1.7 million Facebook users. Critics of the Socialism Parties legislative act believe that the government should use this as a way to interact and promote the government rather than censor it. Eduardo Rojas, president of Bolivia’s Redes Foundation expiated, “You can defend, promote and spread human rights, and on the other hand complaints.”  And he continued “It is a device that can be used to deepen democracy,” rather than destroy it.

For further information, please see:

CNN – Bolivia Weighs Regulating Social Media – 26 October 2012

Everything PR – Bolivia Proposes Law Regulating Social Media – 26 October 2012

Texcoco Mass Media – Bolivia Warns Sanctions On Insults To Evo – 24 October 2012

Universo – Bolivian Government Worried About Insulting Evo Morales On Facebook – 24 October 2012

Human Rights Court Sides with Girl who Traveled 500km for Abortion

By Madeline Schiesser
Impunity Watch Reporter, Europe

Strasbourg, France – The European Court of Human Rights has ruled that a Polish rape victim, at the time 14 years of age, should have had access to an abortion.  The court further order Poland to pay the girl, known only as “P,” and her mother, 61,000 € (£49,000; $ 79,000) in compensation.

In Warsaw, Poland, a mother with her children passes a pro-life poster with the slogan ‘Right to be born for every child.’ (Photo Courtesy of BBC News)

In May 2008, when “P” was 14, she received a certificate from a local prosecutor in Lublin stating that her pregnancy was the result of the illegal act of rape.  Poland has one of the strictest abortion laws in Europe, allowing pregnancy termination only in cases of illegal acts such as rape and incest, or if the life of the mother or fetus is at risk.

However, despite her mandated certification for a legal abortion, “P” was turned away at her local Lublin hospital, where a Roman Catholic priest attempted to sway her to continue her pregnancy, and hospital officials issued a press release stating they would not perform the abortion.

In Warsaw (~ 150km NW of Lublin), “P” was met by hospital staff afraid to terminate her pregnancy due to pressure from pro-life groups and the media.

According to court documents, “P” and her mother “fe[lt] manipulated and helpless,” were harassed by pro-life groups, and were questioned by police.  A criminal case against “P” for illicit sexual relations was started by authorities, although eventually dropped.  The case against her alleged rapist was also dropped by authorities.  At one point, authorities accused “P’s” mother of forcing her daughter to have an abortion and had “P” temporarily placed in a juvenile shelter.

Eventually, “P” was able to get her legal abortion in Gdansk, Poland, 500km (300 mi) from home.

The Court found that the case presented two violations of Article 8 of the European Convention on Human Rights: “the determination of access to lawful abortion” and “the disclosure of the applicants’ personal data”; a violation of Articles 5 and 1 outlining the right to liberty and security, and a violation of Article 3 prohibiting inhuman or degrading treatment.

Specifically, the Court held that “P” should have been unhindered in her attempt to get an abortion, and that the laws and medical staff she encountered created such a hindrance.  The Court noted “P’s” difficulties “in obtaining access to an abortion, in particular due to the lack of a clear legal framework, procrastination of medical staff and also as a result of harassment.”

Finally, the Judges ruled that “P” had been given “misleading and contradictory information and had not received objective medical counseling.”  They further stressed that those who tried to stop “P” from terminating her pregnancy with a press release were not excused for their behavior: “the fact that access to abortion was a subject of heated debate in Poland did not absolve the medical staff from their professional obligations regarding medical secrecy.”

The decision of the court is subject to further appeal.

Lastly, the court awarded “P” 30,000€ (£24,000; $39,000) in damages and her mother 15,000€ (£12,000; $19,500), plus legal costs, from the Polish state.

Although abortion laws in the staunchly Roman Catholic Poland are not likely to relax anytime soon, there is a chance that such will happen in the future.  Last month, legislation was proposed, although with very little chance of success, in the Polish Parliament that would have legalized abortions up to the 12th week of pregnancy.

“P” is also not the first person to successful challenge the Polish abortion system.  Famously, Alicja Tysiac won a case in 2007 when she was denied an abortion after eye doctors told her giving birth could make her go blind.

Today, Polish women continue to struggle through the legal abortion system, and many wanting abortions for illegal reasons go underground or out of the country.  These abortions are expensive, often costing a month’s salary.  While the government claims that on average 300 abortions are performed annually (against a population of 38 million), the Polish Federation for Women and Family Planning estimates this number to be somewhere between 80,000 and 200,000, many of them illegal.

For further information, please see:

Huffington Post – Poland to Pay Compensation to Teen Rape Victim Over Abortion ‘Harassment’ – 31 October 2012

BBC News – Polish Rape Victim ‘Should have had Abortion Access’ – 30 October 2012

Chicago Tribune – Europe Rights Court Condemns Poland in Abortion Rape Case – 30 October 2012

GlobalPost – Polish Teen Should have had Access to Abortion After Rape, Court Rules – 30 October 2012

Poliske Radio – Poland Must Compensate Teenage Rape Victim Denied Abortion – 30 October 2012

Christian Science Monitor – Staunchly Catholic Poland Takes a New Look at Easing Abortion Laws – 13 September 2012

Syria Revolution Digest – Tuesday 30 October 2012

Too Little Too Late!

It is said that the U.S. is behind a new initiative to form a transitional government for Syria. American officials, we are told, are doing all they can to ensure inclusivity and adequate representation of all major communities and political groups, including an attempt to bring in as many representatives of the internal opposition as possible. But by now, the fragmentation of Syria is a done deal, warlordism is all the rage, and any national government will have to act as a government-in-exile for years to come. The old political class in Syria has become largely irrelevant to the processes unfolding in the country.

Tuesday October 30, 2012

Today’s Death toll: 163. The Breakdown: Toll includes 13 children and 7 women: 72 in Damascus and Suburbs, 50 in Idlib (most in the shelling of Maaret Al-Nouman and dozens in Saraqeb and Kafar Batekh), 13 in Aleppo, 12 in Homs, 7 in Daraa, 5 in Hama, 2 in Deir Ezzor and 2 in Lattakia (LCC).

News

Special Reports

The rebel hold on Maaret al-Numan has disrupted the regime’s ability to send supplies and reinforcements to Aleppo, where government forces have been bogged down since July in a bloody fight for control of Syria’s largest city. Rebel advances over the past week in Aleppo have added urgency to opening the route.

… over the last several months, according to U.S. officials and Syrian opposition figures, the State Department has worked to broaden its contacts inside the country, meeting with military commanders and representatives of local governance councils in a bid to bypass the fractious SNC… The new council is an attempt to change that dynamic. Dozens of Syrian leaders will meet in the Qatari capital, Doha, on Nov. 3 and hope to announce the new council as the legitimate representative of all the major Syrian opposition factions on Nov. 7, one day after the U.S. presidential election. The Obama administration sees the new council as a potential interim government that could negotiate with both the international community and the Syrian regime. The SNC will have a minority stake in the new body, but some opposition leaders are still skeptical that the effort will succeed.

Op-Eds

Jacques Bérès, combat zone field surgeon; Mario Bettati, professor emeritus of international law; André Glucksmann, philosopher; Bernard Kouchner, former minister; Bernard-Henri Lévy, philosopher, director of the review “La Règle du jeu”, member of the supervisory board of “Le Monde”: Enough Evasion, We Must Intervene in Syria!

It is precisely when one judges, as we do, that the dictatorship of the Assads is deservedly doomed and Islamist fundamentalism constitutes a major danger for the country’s future that the duty to protect is imperative. And related to and as imperative as this duty to protect is the duty to ensure the security of all elements, all the constituant minorities of the Syrian people. What is at stake goes beyond the fate of Syria.

Ammar Abdulhamid & Khawla Yusuf: The Shredded Tapestry: The State of Syria Today

Video Highlights

The pounding of Damascene suburbs continue: Hamouriyeh MiGs take part in the pounding http://youtu.be/uDaKbRKpMlg , http://youtu.be/LF17tIqp3M8Treating the wounded http://youtu.be/X8KS1M-5SYU ,http://youtu.be/D7fXJRnyfUg Kafar Batna http://youtu.be/GfVA2vdefI0 ,http://youtu.be/eKOY3xu-P5Y Ain Terma http://youtu.be/UipesebmnoU Harastapulling the dead rom under the rubble http://youtu.be/FeCpe8YW3po ,http://youtu.be/Ftz1MLQdgMA , http://youtu.be/Tu8AGsc62Jg  Buildings catch fire http://youtu.be/sP4B9jwQfOc Rescuing the woundedhttp://youtu.be/5cFGHtSnHqU Arbeen tanks take part in the poundinghttp://youtu.be/fXsY1kdG2S0  And MiGs http://youtu.be/_60cDg1l9iI Doumaimpact of pounding http://youtu.be/mBsYtRCT9i4 MiGs take part in the poundinghttp://youtu.be/83_00lXCRp8

Maraat Al-Nouman, Idlib Province, is pounded by TNT barrelshttp://youtu.be/0ZMIoQx0bJA , http://youtu.be/v_NHUYAu8oU

In an attempt to halt rebel advances in northern Lattakia, helicopter gunships are now taking part in the pounding of restive communities, including the town ofSalma http://youtu.be/y7ktFpgJF0c , http://youtu.be/CrsbLZTgHYs

Vietnam Jails Two Songwriters

By Karen Diep
Impunity Watch Reporter, Asia

HANOI, Vietnam – Yesterday, two Vietnamese songwriters underwent a 5-hour trial at Ho Chi Minh City’s People’s Court for their alleged anti-government songs violating Article 88 of Vietnam’s Criminal Code.  Tran Vu Anh Binh, facing six years in prison, and Vo Minh Tri, facing four years instead, were detained in late 2011.

Authorities disbanding anti-government protest. (Photo Courtesy of Ibtimes)

Vo Minh Tri’s song lyrics purportedly condemned a police intervention and suppression of anti-China activists.  The lyrics further addressed other social justice issues.

Meanwhile, other singers have performed Tran Vu Anh Binh’s songs, including one of which criticizing the government for arresting insurgents.

According to the Global Post, the two produced two songs, “Anh La Ai?” (“Who are You?”) and “NuocToi Dau?” (“Where is My Country?”).  Furthermore, the lyrics of “Where is My Country?” include the following lyrics: Where is your nationalism?; Why consciously take orders from China?; You will leave a mark to last a thousand years; Your hands will be stained with the blood of our people.”

E News Park Forest reported that yesterday Amnesty International stated that the songwriters “should be released immediately and unconditionally.”

“This is a ludicrous way to treat people just for writing songs,” said Amnesty’s researcher in Vietnam, Rupert Abbott.  “These men are prisoners of conscience, detained solely for the peaceful exercise of their right to freedom of expression through their songs and non-violent activities, and should be freed.”

Weeks prior to Tran Vu Anh Binh and Vo Minh Tri’s prison sentences, three Vietnamese bloggers were accused of disseminating anti-government propaganda and subsequently jailed for four to 12 years.

“There is a very disturbing trend of repression against those who peacefully voice opinions the Vietnamese authorities do not like,” continued Mr. Abbott.

On October 14th, the police in Ho Chi Minh City arrested university student Nguyen Phuong Uyen and three other students.  Nguyen Phuong Uyen allegedly participated in the circulation of leaflets censuring China and the Vietnam over their territorial dispute.  Although the others were released, Nguyen Phuong Uyen remains detained.

“Rather than trying to silence the young people of Viet Nam, the Vietnamese authorities should allow them to express their opinions and have a say in the development and direction of their country,” shared Mr. Abbott.

According to BBC’s South East Asia correspondent, Jonathan Head, Vietnam’s Communist Party is currently experiencing factional splits over mismanagement, fraud, and unstable economy.  Therefore, it is not welcoming to criticism.

For further information, please see:

Bangkok Post – Vietnam jails songwriters – 30 Oct. 2012

BBC – Vietnam jails two dissident songwriters – 30 Oct. 2012

Global Post – Viet Khang and Tran Vu Anh Binh, musicians, jailed in Vietnam for anti-government songs – 30 Oct. 2012

E News Park Forest – Viet Nam: Acquit Songwriters Who Face 20 Years In Jail – 29 Oct. 2012