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      in World Politics

      Israel Must Accept ICC Jurisdiction Over Palestine

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      On February 5, the International Criminal Court (ICC) ruled that it has jurisdiction over the Palestinian territories occupied by Israel since 1967. Seven years after the 2014 Gaza conflict, in which war crimes were committed by both Israel and armed Palestinian groups according to the United Nations, ICC Prosecutor Fatou Bensouda confirmed a formal investigation into the situation in Palestine, which Human Rights Watch (HRW) has been calling for since 2016. On April 27, HRW released a 213-page report detailing Israel’s “crimes of apartheid and persecution.” An ICC investigation is a crucial step toward regional peace, which cannot be achieved without accountability and transitional justice.

      However, amidst the process of diplomatic normalization with Arab states, Israel is compromising the prospects of peace by refusing to take responsibility for the injustices committed against Palestinian civilians, including children. To achieve peace in the Middle East, and particularly with the Palestinians, Israel must recognize the ICC’s jurisdiction and be held accountable for any war crimes committed.

      The ICC Has Stepped on a Political Minefield in Palestine

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      Israeli Prime Minister Benjamin Netanyahu labeled the ICC ruling as “pure anti-Semitism” and claimed that the court is a “political” body rather than a judicial one. He said that the ICC should be investigating Syria and Iran instead. This is but one example of the pattern of deflection displayed by the Israeli state when confronted with the reality of the war crimes committed during its occupation of Palestinian territories.

      Netanyahu’s claims that the ICC decision is politicized or anti-Semitic are an unfounded effort at deflection and denial. First, though Syria and Iran have not been prosecuted by the ICC, these regimes are subject to a wide range of US and UN-sponsored sanctions, as well as political isolation, to which Israel is unlikely to be subjected. In a sense, these countries are already being “punished.” Second, holding Syria and Iran accountable for their own crimes and investigating possible Israeli war crimes are not mutually exclusive processes. Finally, the ICC ruling did not exclusively target Israel or its defense force, the IDF; Palestinian Hamas was also named as a potential perpetrator of war crimes and will be investigated as such.

      This deflection strategy is not an unusual response to ICC investigations. It parallels the US attempt to thwart ICC investigations of American military misconduct in Afghanistan, which is similarly delaying the Afghan peace process.

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      Accountability matters, not only for Palestinians who have been denied their human rights during the conflict but also for the Israeli-Palestinian peace process and for cooperation in the region more broadly. The climate of impunity enjoyed by Israel only fuels the frustration of Palestinians and, worse, makes the rhetoric of groups such as Hamas more compelling. Peacebuilding experts have also long argued that accountability is central to a successful peace process. For example, the indictments of Charles Taylor of Liberia and Radovan Karadzic of Bosnia strongly contributed to peaceful outcomes in both countries.

      Before Israel can be held accountable, it must first recognize ICC jurisdiction. However, given the Israeli government’s continued push for annexation and the US sanctions against the ICC, this scenario is unlikely. Nonetheless, any form of accountability would be a positive start and an important step toward peace. Accountability can take many forms, ranging from state recognition of injustice to judicial punishment of individual perpetrators.

      Any accountability process should also include Palestinians at the table. It is time for the Israeli leadership to spearhead the peace process — not through other Arab states, but through an honest accountability process with Palestinians. The best starting point would be for Israel to recognize ICC jurisdiction.

      *[Fair Observer is a media partner of Young Professionals in Foreign Policy.]

      The views expressed in this article are the author’s own and do not necessarily reflect Fair Observer’s editorial policy. More

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      in World Politics

      Israel Is the Rock on Which US Foreign Policy Is Built

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      International military cooperation can take many forms. When pushed to the extreme, it can even turn into its opposite. What was meant to protect from danger can sometimes become the fact that precipitates an unwanted conflict. For that reason, most nations now seek to avoid the once popular idea of mutual defense treaties. Such agreements tend to bind each of the parties to supporting and participating in a war that one of them may provoke or be provoked into. It may also have the effect of alienating otherwise friendly nations, who suddenly find themselves cast in the role of the enemy. This not only constrains the ordinary foreign policy of both nations but may, at unforeseen moments, force them into situations over which they have no control.

      One example of the risk attached to a mutual defense treaty is currently playing out in the Philippines under President Rodrigo Duterte. The Biden administration is attempting to mobilize its historical allies in a complex effort to counter Chinese expansion. For over a century, the US and the Philippines have been militarily joined at the hip. All that changed with the arrival of the mercurial Duterte. An article in The Diplomat recounts the successive phases of a truly rocambolesque relationship marked by “the volatility and unpredictably that Duterte has injected into the U.S.-Philippine alliance since 2016. … Despite the Biden administration’s attempts to reset the U.S.-Philippine alliance, Duterte remains an unstable factor in the equation.”

      Whereas most nations studiously avoid engaging in mutual defense treaties, the US has long been an exception. This is the consequence of positioning itself as the leader of multiple military alliances and its imperial need to establish hundreds of military bases across the entire globe. But unlike traditional bilateral mutual defense partnerships, the US typically cultivates an asymmetrical balance. 

      Israel Will Continue Disregarding International Law

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      In Europe it’s a different story. However close its relationship with developed nations such as the UK, France or Germany following the Second World War, the US could not be bound bilaterally to follow the eventual warlike initiatives of any of those nations. Europe and the US solved that problem by creating NATO, effectively spreading the responsibility across a range of partner countries while creating and entertaining the belief that the only real threat came from the Soviet Union.

      Then there’s the case of the curious military alliance between the US and Israel. Never has an alliance appeared more subject to irrational emotion than this one. This past week its irrationality led to a skirmish between lawmakers in Washington over the memorandum of understanding on “security assistance” signed by President Barack Obama in 2016. This was Obama’s parting gift to Israel, a country with whom he had maintained a somewhat uncomfortable relationship due largely to the brazenly irrational behavior of the Israeli prime minister, Benjamin Netanyahu. The MOU was a pledge of American support with hard cash over 10 years.

      Al Jazeera describes the showdown. When “progressive Democratic legislators proposed a bill seeking to regulate American assistance in an effort to stop human rights abuse against Palestinians,” they didn’t have to wait long for the response of their colleagues, who were in no mood for a subtle debate. Citing “particularly strong bipartisan backing” for unconditional support by the US government of Israel, a group of 300 legislators made it clear that Israel is the one country of whom no questions will ever be asked and on whom no conditions may ever be imposed. The legislators explained why no debate is possible: “American security assistance to Israel helps counter these threats, and our rock-solid security partnership serves as a deterrent against even more significant attacks on our shared interests.”

      Today’s Daily Devil’s Dictionary definition:

      Shared interests:

      A basis of agreement and mutual indulgence between two or more people ranging from cultural tastes in the consumption of music and art and participation in mutually profitable activities at one extreme to the taste for domination and genocidal pacification at another extreme.

      Contextual Note

      In a paragraph listing the reasons for their unwavering support, the lawmakers begin by citing the most recent assault on Israel’s well-being: “Israel continues to face direct threats from Iran and its terrorist proxies. In February, an Israeli-owned ship in the Gulf of Oman was hit by a mysterious explosion that Israel has attributed as an attack by Iran.” The lawmakers feel no need to mention that only days earlier, the Israelis had admitted to assassinating an Iranian scientist, Mohsen Fakhrizadeh, in November 2020. Nor did they feel compelled to cite Israel’s spectacular attack on Iran’s nuclear facility at Natanz this month. Israel has created a state of ongoing war that could at any moment spin out of control, setting the entire Middle East ablaze.

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      To complicate things, all observers are aware of the fact that the Israelis are driven by their opposition to the Joint Comprehensive Plan of Action, President Obama’s initiative that, as candidate, Biden had said he would seek to piece back together after Donald Trump’s impetuous withdrawal and aggressive attack on the partners who wished to maintain it. In short, Israel has been actively and boldly seeking through legal and illegal means (assassination, sabotage) to undermine the Biden administration’s official US foreign policy. In normal times, the last thing lawmakers would suggest is offering that nation “unconditional” support.

      What precisely are the “shared interests” the American lawmakers are referring to? They mention “U.S. national security interests in a highly challenging region.” Recent history has shown the US challenging the region rather than the region challenging the US. Initiating violent and endless wars, from Pakistan to Libya and Somalia, can hardly be called a case of being challenged. Neither is supporting Saudi Arabia’s catastrophic war in Yemen — as the US is continuing to do despite the Biden administration’s pullback — a case of being challenged.

      Historical Note

      The entire history of Israel since its creation in 1948 is fraught with moral and political ambiguity. At the time, the West in general and Britain in particular played a neo-colonial game that has led to decades of violence, oppressive behavior and permanent regional instability. The plight of the Palestinian people constitutes one of the modern tragedies of history. This week, Human Rights Watch reported that “Israel is committing ‘crimes against humanity of apartheid and persecution.’”

      Morally ambiguous situations such as this should logically require nuanced policies aimed at resolving tensions and establishing some sort of permanent equilibrium. Biden’s secretary of defense, Lloyd Austin, solemnly announced in Israel last week that “Our commitment to Israel is enduring and it is iron-clad.” Unconditional support, “rock-solid security partnerships” and iron-clad commitment should not even be considered in such cases. And yet those are the only metaphors permitted within the Beltway when speaking of Israel.

      The lawmakers cite Israel’s support for “security partners like Jordan and Egypt,” which they see as instrumental in helping to “promote regional stability and deal with common challenges from Iran and its terrorist proxies.” Egypt happens to be a brutal military dictatorship, but so long as dictators can ensure some form of stability, they seem to correspond to the lawmakers’ essential criterion as “partners.”

      In their conclusion, the lawmakers write, “Just as foreign assistance is an investment in advancing our values and furthering our global interests, security aid to Israel is a specific investment in the peace and prosperity of the entire Middle East.” This might have sounded slightly less irrational had they simply eliminated the phrase “advancing our values.” What values? The rule of law? Israel itself has been violating all the laws and resolutions imposed by the international organization that validated its creation, the United Nations. The “security partners” with whom the US has built alliances are essentially sanguinary military dictatorships who have no time for democracy, freedom, due process, “liberty and justice for all” or any of the “values” Americans traditionally vaunt and flaunt as their legacy.

      There is little doubt that the legislators will get their way. The progressive attempt to offer even a small margin of maneuver to US foreign policy with regard to Israel will be dismissed out of hand as an obvious act of impertinence. Everything will return to normal. That is, after all, what Biden himself promised.

      *[In the age of Oscar Wilde and Mark Twain, another American wit, the journalist Ambrose Bierce, produced a series of satirical definitions of commonly used terms, throwing light on their hidden meanings in real discourse. Bierce eventually collected and published them as a book, The Devil’s Dictionary, in 1911. We have shamelessly appropriated his title in the interest of continuing his wholesome pedagogical effort to enlighten generations of readers of the news. Read more of The Daily Devil’s Dictionary on Fair Observer.]

      The views expressed in this article are the author’s own and do not necessarily reflect Fair Observer’s editorial policy. More

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      in World Politics

      The Case of Forced Cremations in Sri Lanka

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      From 1983 to 2009, Sri Lanka saw a bloody civil war between the majority Buddhist Sinhalese and the minority Tamils. The conflict led to invaluable losses both economically and politically. To this day, the deep socio-religious wounds have yet to heal on the island in South Asia.

      Since the war ended, there have been intermittent episodes of violence between ethnoreligious groups. Although the patterns seem similar, different communities are now involved in the confrontations. The focus has shifted to make Sri Lankan Muslims — who make up around 9.7% of the country’s total population — the new target of extreme Buddhist Sinhalese factions that jumped on the bandwagon of rising Islamophobia.

      Islamophobia in Sri Lanka

      In Sri Lanka, Muslims are defined by faith, not ethnicity since they are neither Tamil nor Sinhalese. During Mahinda Rajapaksa’s presidential term in office from 2005 to 2015, as well as under incumbent President Gotabaya Rajapaksa, Muslims experienced a rise in Islamophobia. Acts perceived as anti-Muslim include calls, in 2013, by a hardline Buddhist Sinhalese group to boycott halal food items. In 2019, the government banned burqas following the Easter Sunday bombings in which Islamist militants killed 269 people at churches and hotels.

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      The most serious incidents involving the Muslim community since the end of the war took place in Aluthgama in 2014, Gintota in 2017 and the Ampara and Kandy’s districts in 2018. Acts of violence involved the burning of mosques, the destruction of Muslim-owned property, the displacement of thousands of civilians and the loss of lives.

      The brutal attack on Easter Sunday led to, among other things, the draconian application of the Prevention of Terrorism Act (PTA), which increased pressure on an already scrutinized minority. A well-known example of this backlash against Muslims was the case of Mohamed Shafi, a gynecologist at the Kurunegala Hospital. Shafi was arrested in 2019 under the PTA on trumped-up charges of illegally sterilizing Sinhalese women. Hejaaz Hizbullah, a senior lawyer, peace advocate and human rights activist, is currently in detention under the PTA. He has been accused of “aiding and abetting” one of the suicide bombers who attacked churches on Easter Sunday and “for engaging in activities deemed ‘detrimental to the religious harmony among communities.’”

      Forced Cremations

      The COVID-19 pandemic has provided the perfect breeding ground for far-right governments to bulldoze the human rights of minorities. In Sri Lanka, Muslims have been the target.

      Embed from Getty Images

      In December 2020, Fahim, a three-wheeler taxi driver, and his wife mourned not only the death of their 20-day-old son, but the forced cremation of his tiny body by state authorities. The newborn was admitted to the hospital, where he passed away after contracting COVID-19. Fahim was denied access to his son’s corpse and, despite refusing to give his consent, the baby was cremated just days later.

      That family’s grief was felt by many Muslims across Sri Lanka. Since COVID-19 first reached Sri Lanka in early 2020, the government announced a mandatory cremation-only policy. The government claimed this was to prevent the possible spread of the disease by coming into contact with infected corpses. The policy alarmed Sri Lankan Muslims as cremation is forbidden in Islam. Several petitions and pleas were made by the minority community to allow for the burial of their loved ones. Yet the Sri Lankan state, which has a long history of violence against minorities, refused to change its policy for over a year.

      The anguish experienced by Sri Lankan Muslims was by itself a great burden to bear during these unprecedented times. But the state did not hold back on delivering further blows to the community. According to Amnesty International, families were “forced to bear the cost of cremation, typically around LKR 50,000-60,000 (approximately USD270-325), in a year that has economically strained many families.” The human rights organization stated, in December 2020, that many families led a difficult and painful protest by refusing to accept the ashes and making the associated payments required for cremating their loved ones.

      Burying the Dead

      In April 2020, Sri Lankan Muslims saw a glimmer of hope when the World Health Organization (WHO) declared that burials were safe. The WHO announced that there is no evidence to suggest that the coronavirus, which causes the COVID-19 disease, can spread from an infected corpse. Meanwhile, in December, top Sri Lankan doctors released a statement urging for the burial of Muslim victims of COVID-19. They stated that “each citizen of Sri Lanka should be allowed to be cremated or buried as per his/her and the family’s desire within the strict guidelines recommended by the Ministry of Health.”

      Despite expert opinions and recommendations to allow COVID-19 victims to be buried, the Sri Lankan government claimed that doing so “could contaminate ground water.” In an interview with the BBC, Professor Malik Peiris, a world-renowned Sri Lankan virologist, stated that COVID-19 is “not a waterborne disease.” He added: “I haven’t seen any evidence to suggest it spreads through dead bodies. A virus can only multiply in a living cell. Once a person dies, the ability of the viruses to multiply decreases. … Dead bodies aren’t buried right in running water. Once you bury the body six feet under wrapped in impermeable wrapping, it is highly unlikely it would contaminate running water.”

      In January 2021, an expert panel appointed by Sri Lanka’s Ministry of Health revised its initial guidelines by approving either burying or cremating COVID-19 victims. But the minister of health, Pavithra Wanniarachchi, chose to ignore the recommendation. She said in parliament that “the decision to cremate COVID dead in Sri Lanka will not be amended on religious, political or any other grounds.” She claimed a sub-committee said corpses should be cremated.

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      Sri Lankan Muslims have raised concerns at how the community reacted to the state-sanctioned racism. In January, Sri Lanka’s Muslim Council (SLMC) claimed that more than half of the island’s COVID-19 victims were from the Muslim community. “We have a disproportionate number of fatalities because Muslims don’t seek treatment fearing that they will be cremated if they are diagnosed with the virus after going to hospital,” spokesman Hilmy Ahamed told AFP.

      The SLMC and Sri Lanka’s justice minister, Ali Sabry, accused the government of trying to provoke the youth into doing “something rash” by refusing to allow Muslims to bury their dead. There have been no reports of isolated incidents or evidence of young Muslims taking to violence in response.

      Under Pressure

      While Muslims were singled out by the state and Buddhist Sinhalese hardliners, they received support from religious leaders and Sri Lankans of other faiths. Acts of solidarity took place in recent months and many Sri Lankans spoke out against the cremation-only policy. The government, which is losing public confidence over its handling of the pandemic, had been under intense pressure to overturn its decision. Aside from concerned citizens, international bodies such as the United Nations and the Organization of Islamic Cooperation condemned the forced cremations.

      On February 22, as the UN Human Rights Council (UNHRC) commenced its 46th annual session, Sri Lanka was in a precarious position. With a backlog of war crimes that remained unaddressed, a UNHRC resolution against Sri Lanka loomed. On February 25, the Sri Lankan government issued its official gazette, finally allowing Muslim and Christian victims of COVID-19 to be buried.

      *[Fair Observer is a media partner of the Centre for Analysis of the Radical Right.]

      The views expressed in this article are the author’s own and do not necessarily reflect Fair Observer’s editorial policy. More

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      Athletes Shake Up Sports Governance

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      Sports governance worldwide has had its legs knocked out from under it. Yet national and international sports administrators are slow in realizing the magnitude of what has hit them. Tectonic plates underlying the guiding principle that sports and politics are unrelated have shifted, driven by a struggle against racism and a quest for human rights and social justice.

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      The principle was repeatedly challenged over the last year by athletes and businesses forcing national and international sports federations to either support anti-racist protest or, at the very least, refrain from penalizing those who use their sport to oppose racism and promote human rights and social justice — acts that are political by definition. The assault on what is a convenient fiction that sports and politics do not mix started in the US. This was not only the result of Black Lives Matter protests on US streets, but also the fact that, in contrast to the fan-club relationship in most of the world, American sports clubs and associations see fans as clients — and the client is king.

      From Football to F1

      The assault moved to Europe in the last month with the national football teams of Norway, Germany and the Netherlands wearing T-shirts during qualifiers for the 2022 FIFA World Cup that supported human rights and change. The European sides added their voices to perennial criticism of migrant workers’ rights in Qatar, the host of next year’s World Cup. Gareth Southgate, the manager of the English national team, said the Football Association was discussing migrant rights in the Gulf state with Amnesty International.

      While Qatar is the focus in Europe, greater sensitivity to human rights appears to be moving beyond. Formula One driver Lewis Hamilton told a news conference in Bahrain ahead of this season’s opening Grand Prix that there “are issues all around the world, but I do not think we should be going to these countries and just ignoring what is happening in those places, arriving, having a great time and then leave.” Hamilton has been prominent in speaking out against racial injustice and social inequality since the National Football League in the US endorsed the Black Lives Matter movement and players taking the knee during the playing of the American national anthem in protest against racism.

      Embed from Getty Images

      In a dramatic break with its ban on “any political, religious or personal slogans, statements or images” on the pitch, FIFA, the governing body of world football, said it would not open disciplinary proceedings against the European players who wore the T-shirts. “FIFA believes in the freedom of speech and in the power of football as a force for good,” a spokesperson said.

      The statement constituted an implicit acknowledgment that standing up for human rights and social justice was inherently political. It raises the question of how FIFA will reconcile its stand on human rights with its statutory ban on political expression. It makes maintaining the fiction of a separation between politics and sports ever more difficult to defend. It also opens the door to a debate on how the inseparable relationship that joins sports and politics at the hip like Siamese twins should be regulated.

      Georgia’s Voting Law

      Signaling that a flood barrier may have collapsed, Major League Baseball this month said it would be moving its 2021 All-Star Game out of Atlanta in response to a new law in the US state of Georgia that threatens to potentially restrict voting access for people of color. In a shot across the bow to FIFA and other international sports associations, major companies headquartered in Georgia, including Coca-Cola, Delta Airlines and Home Depot, adopted political positions in their condemnation of the Georgia voting law.

      The greater assertiveness of athletes and corporations in speaking out for fundamental rights and against racism and discrimination will make it increasingly difficult for sports associations to uphold the fiction of a separation between politics and sports. The willingness of FIFA, the US Olympic and Paralympic Committee (USOPC), and other national and international associations to look the other way when athletes take their support for rights and social justice to the sports arena has let the genie out of the bottle. It has sawed off the legs of the FIFA principle that players’ “equipment must not have any political, religious or personal slogans.”

      Already, the US committee has said it would not sanction American athletes who choose to raise their fists or kneel on the podium at this July’s Tokyo Olympic Games as well as future tournaments. The decision puts the USOPC at odds with the International Olympic Committee’s (IOC) strict rule against political protest. The IOC suspended and banned US medalists Tommie Smith and John Carlos after the sprinters raised their fists on the podium at the 1968 Mexico City Olympics to protest racial inequality in the United States.

      Regulation

      Acknowledging the incestuous relationship between sports and politics will ultimately require a charter or code of conduct that regulates it and introduces some form of independent oversight. This could be something akin to the supervision of banking systems or the regulation of the water sector in Britain, which, alongside the United States, holds privatized water as an asset.

      Human rights and social justice have emerged as monkey wrenches that could shatter the myth of a separation between sports and politics. If athletes take their protests to the Tokyo Olympics and the 2022 World Cup, the myth would sustain a significant body blow. In December 2020, a statement by US athletes seeking changes to the USOPC’s rule banning protest at sporting events said: “Prohibiting athletes to freely express their views during the Games, particularly those from historically underrepresented and minoritized groups, contributes to the dehumanization of athletes that is at odds with key Olympic and Paralympic values.”

      The views expressed in this article are the author’s own and do not necessarily reflect Fair Observer’s editorial policy. More

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      Antony Blinken says the US will 'stand up for human rights everywhere'

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      The United States will speak out about human rights everywhere including in allies and at home, secretary of state Antony Blinken has vowed, turning a page from Donald Trump as he bemoaned deteriorations around the world.Presenting the state department’s first human rights report under President Joe Biden, the new top US diplomat took some of his most pointed, yet still veiled, swipes at the approach of the Trump administration.“Some have argued that it’s not worth it for the US to speak up forcefully for human rights – or that we should highlight abuse only in select countries, and only in a way that directly advances our national interests,” Blinken told reporters in clear reference to Trump’s approach.“But those people miss the point. Standing up for human rights everywhere is in America’s interests,” he said.“And the Biden-Harris administration will stand against human rights abuses wherever they occur, regardless of whether the perpetrators are adversaries or partners.”Blinken ordered the return of assessments in the annual report on countries’ records on access to reproductive health, which were removed under the staunchly anti-abortion Trump administration.Blinken also denounced a commission of his predecessor Mike Pompeo that aimed to redefine the US approach to human rights by giving preference to private property and religious freedom while downplaying reproductive and LGBTQ rights.During Pompeo’s time in office, the state department was aggressive in opposing references to reproductive and gender rights in UN and other multilateral documents.“There is no hierarchy that makes some rights more important than others,” Blinken said.In another shift in tone from Trump, Blinken said the United States acknowledged its own challenges, including “systemic racism.”“That’s what separates our democracy from autocracies: our ability and willingness to confront our own shortcomings out in the open, to pursue that more perfect union.”Blinken voiced alarm over abuses around the world including in China, again speaking of “genocide” being committed against the Uighur community.The report estimated that more than one million Uighurs and other members of mostly Muslim communities had been rounded up in internment camps in the western region of Xinjiang and that another two million are subjected to re-education training each day.“The trend lines on human rights continue to move in the wrong direction. We see evidence of that in every region of the world,” Blinken said.He said the Biden administration was prioritising coordination with allies, pointing to recent joint efforts over Xinjiang, China’s clampdown in Hong Kong and Russia’s alleged poisoning of dissident Alexei Navalny.Blinken also voiced alarm over the Myanmar military’s deadly crackdown on pro-democracy protesters, attacks on civilians in Syria and a campaign in Ethiopia’s Tigray that he has previously called ethnic cleansing.The report, written in dry, factual language, did not spare longstanding US allies.It pointed to allegations of unlawful killings and torture in Saudi Arabia and Egypt, quoting human rights groups that said Egypt is holding between 20,000 and 60,000 people chiefly due to their political beliefs.Biden earlier declassified US intelligence that found that Saudi Crown Prince Mohammed bin Salman authorised the gruesome killing of US-based writer Jamal Khashoggi.While the human rights report remained intact under Trump, the previous administration argued that rights were of lesser importance than other concerns with allies such as Saudi Arabia – a major oil producer and purchaser of US weapons that backed Trump’s hawkish line against Iran, whose record was also heavily scrutinized in the report.The latest report also detailed incidents in India under prime minister Narendra Modi, an increasingly close US ally.It quoted non-governmental groups as pointing to the use in India of “torture, mistreatment and arbitrary detention to obtain forced or false confessions” and quoted journalists as assessing that “press freedom declined” including through physical harassment of journalists, pressure on owners and frivolous lawsuits. More

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      Press Freedom in the Philippines: Death by a Thousand Cuts

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      In less than two years, the editor-in-chief and CEO of the independent news site Rappler, Maria Ressa, has been issued 10 arrest warrants. The latest accusations against her involve tax evasion and failure to file accurate tax returns, which she testified against on March 4, 2021, before the Court of Tax Appeals. In addition, Ressa faces numerous other charges, including illegal foreign ownership of Rappler Holdings Corporation — the Philippine Constitution restricts foreign ownership of mass media in the country, subject to congressional regulation. The charges amount to 100 years of prison time if she is found guilty. This latest flurry of persecution is a continuum of the country’s troubling history of suppressing press freedom.

      The most high-profile case against Ressa, who is Filipino-American, concluded last year when she was found guilty of cyber libel. After an eight-month trial, Ressa, alongside Rappler journalist Reynaldo Santos Jr., was handed the verdict by the Manila Regional Trial Court on June 15. Ressa denied the charges, and both were released on bail pending appeal. However, they face up to six years in prison unless all appeals are rejected. The case against Ressa and Santos involves the latter’s article published in 2012 by Rappler, which made allegations of businessman Wilfredo Keng’s ties to then-Philippine Chief Justice Renato Corona. Santos’ article also alleged Keng’s involvement in illicit activities that include drug and human trafficking.

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      Based on information published locally by the Philippine Star in 2002 and an intelligence report by the National Security Council, Santos’s piece was published approximately four months before the Cybercrime Prevention Law came into effect in 2012. Its republication in 2014 due to a correction of a typo allowed for the court to give its guilty verdict to Ressa and Santos Jr. retroactively. The case has garnered attention and criticism from local and international media communities. Ressa herself claims the verdict and the numerous charges against her and Rappler are politically motivated. In her statement to the BBC, Ressa lamented, “I think what you’re seeing is death by a thousand cuts — not just of press freedom but of democracy.”

      A Dangerous Place

      Since his election in 2016, President Rodrigo Duterte’s war on drugs has drawn criticism both nationally and abroad. According to The Guardian, tens of thousands of deaths in the Philippines are estimated to be the result of extrajudicial killings prompted by the president’s anti-drug crackdown. Rappler has been at the forefront of extensive coverage and criticism of the campaign. The correlation between Rappler’s reporting and the number of charges against Ressa has fueled the narrative of intimidation tactics by the Philippine government against the free press.   

      The Philippines has a long history of suppressing various forms of free speech and political activism. The current wave of persecution carries echoes of the martial law years during the dictatorship of Ferdinand Marcos in the 1970s 1980s, when journalists and activists were arrested and interrogated by the military and a media lockdown was implemented as newspapers and radio stations were ordered shut.

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      In more recent years, hundreds of farmers, trade union leaders, activists and environmentalists have been targeted by the Philippine government. According to a report by the UN Human Rights Office, at least 248 activists have been killed in the Philippines between 2015 and 2019. While Maria Ressa’s high-profile case has regenerated national and global outrage, it is only the tip of the iceberg when it comes to how treacherous an environment not only the media, but human and democratic rights defenders have to navigate in the country.

      The Philippines ranks 136 out of 180 countries on the Reporters Without Borders (RSF) World Press Freedom Index. After the 2009 massacre of 32 journalists in Maguindanao province ordered by a local warlord, RSF has regularly deemed the country as one of the most dangerous places in Asia for journalists. Adding insight to Maria Ressa’s criminal libel case, the organization noted that “Private militias, often hired by local politicians, silence journalists with complete impunity.” Freedom of the press is guaranteed under the country’s constitution, yet in 2018, the Philippine Centre for Media Freedom and Responsibility tallied 85 attacks on the media by the Duterte administration, including death threats, killings and attempted murder.

      President Duterte’s public remarks against the media also contribute to the grim state of press freedom in the country. In 2016, the president stated: “Just because you’re a journalist you are not exempted from assassination, if you’re a son of a bitch. Freedom of expression cannot help you if you have done something wrong.” In 2018, responding to a Rappler reporter, Duterte was captured saying, “you have been throwing trash… If you are trying to throw garbage at us, then the least that we can do is explain how about you? Are you also clean?”

      The Cybercrime Prevention Law, which was used to convict Ressa, has itself been criticized by the public as having the potential to further threaten freedom of speech and expression. Signed into law by then-President Benigno Aquino III on September 12, 2012, the legislation was primarily established to address crimes such as hacking, identity theft, child pornography and cybersex. Its additional provisions caused worry amongst the public for expanding its legal parameters to include any libelous speech or statements made by citizens on their private social media accounts. Senator Tito Sotto, who at the time was being attacked on social media for alleged plagiarism, is noted for suggesting the inclusion of the libel provision in the law. According to GMA News Online, “There were fears that even retweeting an offensive comment could land one in jail.”

      Since the implementation, the law has been cited to charge journalists other than Ressa for cyber libel, including Ramon Tulfo and RJ Nieto. Prior to Ressa’s verdict, Councilor Archie Yongco, from the province of Zamboanga del Sur, was found guilty of cyber libel in March 2020 based on a scathing Facebook post against a rival politician. Although he deleted his post just minutes after its publication, screenshots of his comments were used as evidence in the case. Yongco faces up to eight years of imprisonment and is the first individual to be given a guilty verdict under the Cybercrime Prevention Law. 

      A Series of Threats

      The guilty verdict against Maria Ressa and Reynaldo Santos Jr. was compounded by a series of legislative threats against the media in 2020. On July 10, the House Committee on Legislative Franchises voted against renewing the franchise license for the broadcasting network ABS-CBN. Ressa, commenting on the closure of the broadcaster, stated: “what happened to ABS-CBN can happen to all of us. Journalists, we have to hold power to account.… We need to continue to demand accountability.” 

      Shortly after the closure of ABS-CBN, there were public concerns over the introduction of the Anti-Terrorism Act of 2020 that came into effect on July 18. The act allows the state to arrest and imprison suspects without a warrant. The alarm among citizens came from the act’s expanded definition of terrorism that broadly includes “engaging in acts intended to endanger a person’s life” and causing damage to public property. Similar to the provisions of the Cybercrime Prevention Law, the new legislation poses threats to users on social media who express political sentiments or dissent. In this case, however, fears are not related to being accused of libel but of so-called red-tagging — the practice of targeting or blacklisting suspected members of the Communist Party of the Philippines and the New People’s Army, both of which have been declared as terrorist organizations by the government.

      The legislation, compounded by the Duterte administration’s worrisome human rights record, incited widespread fears of the decline of freedom of speech and expression. Social media users who criticize the government also voiced concern over the act, especially since the head of the Armed Forces of the Philippines, Lieutenant General Gilbert Gapay, expressed interest in including social media in the ambit of the law. Local and international press freedom advocates have filed petitions with the Supreme Court in Manila to reject the legislation, calling it unconstitutional.

      After nearly a year of grappling with the COVID-19 pandemic and an economic downturn caused by lockdown measures, the Philippines continues to navigate numerous challenges. Maria Ressa’s and Rappler’s legal battles, as well as the continuous frictions between the Duterte administration and the media, exacerbate fears over the erosion of democratic rights and press freedom during these uncertain times. 

      The views expressed in this article are the author’s own and do not necessarily reflect Fair Observer’s editorial policy. More

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      Violence Against Women in Mexico Rises

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      Home is not a safe space for many women around the world and coronavirus-era quarantines and lockdowns have increased the risk of gender-based violence. In Mexico, statistics reflect this reality and women additionally face the rising risk of becoming targets amid violent drug crime and the militarization of the state security forces.

      According to the Secretariat of Citizen Security (SSPC) last year, 3,752 women were violently killed. Of these were 969 classified as femicides — defined as the violent death of a woman because of her gender — a slight increase on the previous year’s figure. According to data compiled by the Economic Commission for Latin America and the Caribbean, Mexico has the second-highest total number of femicides in the region — after Brazil — whilst nearby El Salvador and Honduras have the highest rates per capita. The prevalence of violent crime, a culture of machismo and weak implementation of measures designed to protect women mean Latin America is home to 14 of the 25 countries with the highest rates of femicide in the world.

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      The first months of the coronavirus pandemic were particularly dangerous for Mexican women, according to Maissa Hubert, the executive sub-director of Equis Justicia Para Las Mujeres, a Mexico City-based NGO. “During the first months of the pandemic, we saw a rise in various forms of gender-based violence,” she says. “In total, 11 women killed each day, compared to 10 per day at the start of 2020.”

      In March 2020, the emergency call centers received 26,000 reports of violence against women, the highest ever in Mexico. The number of women leaving their homes to take shelter in the National Refuge Network quadrupled.

      Outside the home, however, the continued growth of Mexico’s transnational criminal organizations and the militarized response of state security forces have further increased risks to women. While crime dropped in the first months of the pandemic, the security vacuum has increased clashes between 198 active armed groups in the country’s “hyper-fragmented criminal landscape,” according to International Crisis Group.

      Gangs and Militarized State Security

      “Organized crime has aggravated the situation with regards to the murder of women,” says Maria Salguero, a researcher who created the National Femicide Map. “The crime gangs use the dead bodies of women to send messages to their rivals. In states where there is a lot of organized crime, such as Juarez, Chihuahua, Guerrero and Naucalpan, we see high incidences of femicide, disappearances and rape.”

      The situation is exacerbated by the further militarization of state security. The Bertelsmann Transformation Index’s (BTI) country report on Mexico notes that “the army has been called upon to perform internal security tasks and is receiving large amounts of resources in the context of the war against drug trafficking.” It adds that the widening of the military’s mandate to include civilian tasks could have worrisome implications for consensus building in the country. As noted in the BTI report, President Andres Manuel Lopez Obrador‘s government risks losing public support if it cannot solve the challenges of corruption and violence in the country. It points out that “the fact that the army, which has so far not signified a threat to democracy, is required to undertake ever more tasks may be a threat in the future.” Such a breakdown in trust for institutions and the security forces could have knock-on effects for all violent crime.

      Embed from Getty Images

      On May 11, 2020, the Mexican armed forces and National Guard were given new authority to play a far greater role in policing violent crime in the country — giving them free rein to assume many of the police force’s duties — without any effective audit mechanism.

      The effect of this process on gender-based violence is only now coming to be understood. “The attitude of this government and its predecessors has been that a military response to the security situation will protect all of us and women in particular,” says Hubert. “But the reality is that the increased circulation of firearms has had a tremendous impact on women.”  

      Firearms were the weapon used in 60% of the total 1,844 murders committed against women in 2020. From 1998 to 2019, the number of women killed by firearms in Mexico rose by 375%. Over 2.5 million firearms have entered Mexico from the US over the last decade, and firearms accounted for the overwhelming majority of the total of 34,515 murders registered in Mexico in 2020, the highest number since 2015.

      An Overlooked Issue

      The continued emphasis on militarized security is sapping state funds at a time when resources for programs addressing violence against women in Mexico are being cut. In recent years, Mexican public policy has had a mixed record with respect to gender-based violence. It took until December last year for President Lopez Obrador to talk about gender-based violence, having previously avoided using the word femicide or acknowledge that women faced specific security concerns. In May 2020, he said that 90% of domestic violence-related 911 calls were false. His team failed to provide evidence to support this claim when requested to by NGOs.

      Despite this intransigence at the executive level, in recent years, there has been greater recognition of the problem at the federal and ministerial level, according to Hubert, with many long-lasting public policies proposed by the National Institute of Women, founded in 2001. However, many of the preventative and reactive policies introduced to tackle gender-based violence have been subject to cuts in government spending as a result of the pandemic.

      “We analyzed the activity of the courts at the start of the pandemic, and we found gender-based violence was not being prioritized,” says Hubert. “Issues such as divorce and alimony are crucial for a woman looking to free herself from a violent situation, but they weren’t being attended to by the courts.” 

      For Saguero, the priority is to keep recording the names and identities of the victims of Mexico’s “shadow pandemic” of gender-based violence. “Only by making the victims visible can we really make the scale of the problem visible,” she says, “but we have a lot of work to do because the numbers remain high.”

      The views expressed in this article are the author’s own and do not necessarily reflect Fair Observer’s editorial policy. More