Nigerian crackdown on dissent will cause growing alarm

Subject Nigerian dissent crackdown. Significance Nigerian journalist and former presidential candidate Omoyele Sowore was freed on bail on December 24, following a month in which he was released by a federal judge, rearrested by agents of the Department of State Services (DSS) in defiance of that order and finally released by order of the attorney-general. Sowore’s case highlights President Muhammadu Buhari’s increasing clampdown on dissent, with the ruling All Progressives Congress (APC) preparing to give the executive branch new powers with a series of bills designed further to restrict freedom of expression. Impacts Public demonstrations against DSS impunity and government curbs on free speech will likely be met with force, despite official denials. The Trump administration’s cooperation with Nigeria will come under renewed scrutiny from Democrats and human rights organisations. Abuja may increasingly look to bolster its online surveillance capacity with the assistance of authoritarian states.

2021 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Mohammed R.M. Elshobake

Purpose The purpose of this paper is to explore the most prominent human rights violations during the COVID-19 pandemic in accordance with international human rights law. Design/methodology/approach Through doctrinal and legal study and content analysis, this paper analyses the important relevant legal provisions under International human rights law and applies these provisions to the reality of managing the COVID-19 crisis to identify the most prominent human rights violations during the COVID-19 outbreak. This research paper considered as a review paper in that it provides a review of the most prominent measures taken during the COVID-19 crisis, which constitutes violations of international human rights law. Findings It is concluded that some measures that have been taken by countries to confront the COVID-19 pandemic have constituted violations of human rights and did not comply with the legal conditions to restrict human rights. Indeed, the COVID-19 pandemic has shown the ugly fractures in health-care systems, health inequities, racism and discrimination, Undermining the right to freedom of expression and the right to access information, gross negligence in protecting detainees from COVID-19 infection, all of these constitute clear violations of the principles of international human rights law. Research limitations/implications The spread of COVID-19 has not stopped, and its effects still continue, including human rights violations. Therefore, this paper cannot enumerate all human rights violations that occur during the spread of COVID-19. Practical implications Based on the results in this paper, governments need to be more prepared to face any health crisis at all levels including health care, which would reduce human rights violations. Social implications This research paper reflects positively on the social reality, as the adoption of its recommendations leads to the provision of adequate health care to all members of society in accordance with the principles of human rights, granting them the right to access information, protecting their right to freedom of expression, reducing the phenomenon of racism and discrimination and providing adequate health care to all detainees. Originality/value This paper studies an up-to-date topic that we are still living and seeing its effects. The benefit of this paper is to provide recommendations that protect human rights during the COVID-19 pandemic.


Significance The arrest is part of a global crackdown on freedom of expression since the Arab uprisings, which has led to unprecedented numbers of journalists, bloggers and cyber activists being killed or imprisoned. The attack on satirical French weekly Charlie Hebdo's offices on January 6, in which two cartoonists were among the 11 slain, highlighted the increasing antipathy towards the press and civil society, both from certain governments and non-state actors. Impacts Pressure will grow to hold social media networks and other internet intermediaries responsible for censoring violent and extremist content. The rise of Islamist extremist attacks on Western journalists will increase opaqueness and reliance on citizen journalism and propaganda. Greater reliance on citizens to generate content may spur investment into authentication and verification tools. The resurgence of calls for a global law prohibiting 'defamation of religions' will hinder addressing discrimination and intolerance. It will provide cover to countries with blasphemy laws that are used to restrict free expression and dissent.


Subject Prosecutions for questioning Kazakhstan's statehood. Significance Two civil society activists in Kazakhstan, Yermek Narymbayev and Serikjan Mambetalin, were jailed on January 22 after being found guilty of 'inciting ethnic discord' for comments they posted on Facebook. The verdict, condemned by domestic and international human rights groups, came shortly before the authorities announced that elections to the lower house of parliament originally scheduled for January 2017 had been brought forward to March 20. Impacts Nazarbayev's Nur Otan party will win a majority in the March polls and other parties that gain seats will have tacit government approval. Crackdowns on freedom of expression will tarnish efforts to maintain good relations with the West. The government will continue to fund costly lobbying campaigns to improve its international image.


Subject Attacks on India's media. Significance The gunning down of the journalist Gauri Lankesh on September 5 has revived concerns about free speech in India. More generally, critics of Prime Minister Narendra Modi and his ruling Bharatiya Janata Party (BJP) are facing a backlash. Impacts In forthcoming election campaigns, opposition parties will claim rising intolerance of dissent under BJP rule. India’s states will come under pressure to curb the vigilantism of cow protection groups. Protests over legislation criminalising same-sex marriages are likely to increase.


Subject Turkish-EU relations. Significance Although mistrust between Turkey and its European partners looks set to continue, President Recep Tayyip Erdogan said before his formal state visit to Berlin in September that German-Turkish relations were “indispensable” in the light of “dramatic world developments”. For their part, Europeans have reconciled themselves to the fact that Erdogan, imperfect as he may be, is a fixture for the foreseeable future. Impacts Erdogan will dangle a formal termination of Turkey’s EU process before his own base and nationalists who view the West with animosity. European free speech and human rights advocates will decry the soft line on the increasingly authoritarian Erdogan. Financial markets will expect Berlin and EU to signal willingness to prop up the lira and stave off financial crisis on Europe’s periphery. A climate of sustained dialogue and reduced public friction between Turkey and major European powers would benefit NATO.


Author(s):  
Abdulmalik Sugow ◽  
Zalo Margret ◽  
Isaac Rutenbeg

Kenya’s Computer Misuse and Cybercrimes Act makes it an offence, in Section 27, for a person to communicate with another a message that they know or ought to know would cause the recipient fear; is indecent or offensive in nature; or would detrimentally affect the recipient. This offence carries a penalty of either a 20 million shilling fine or a 10-year term of imprisonment or—discretionarily—both. While the offence is termed ‘cyber-harassment’, its wording appears to exclude a number of offences that would count as cyber-harassment such as cyber-stalking, doxing or impersonation. In fact, its wording is vague and overbroad, using undefined terms such as ‘detrimentally affect’ which require subjective interpretation. Cyber-harassment laws constitute a limitation on the freedom of expression and as such, ought to conform to the limitations of human rights test as provided in Article 24 of the Constitution. Where the aim sought is legitimate in a democratic society and other conditions such as legality are met, this limitation is valid. This paper reviews Kenya’s law that was recently upheld by the High Court in Bloggers Association of Kenya (BAKE) v Attorney General & Three others; Article 19 East Africa & another and finds that it fails to meet the limitations test prescribed under Article 24 of the Constitution. It argues that Section 27 of the Computer Misuse and Cybercrimes Act is therefore overbroad and has the potential to be used as a tool for the unconstitutional suppression of legitimate criticism.


2021 ◽  
Vol 194 ◽  
pp. 29-65

29Human rights — Freedom of expression — Free speech — Journalists — Restriction of access to public information — Criminalization of defamation, sedition and insult — Torture and inhuman or degrading treatment — Unlawful and arbitrary detention — Living in exile — Whether Gambian laws violating rights of journalistsTreaties — Human rights treaties — Treaty obligations — Obligations under regional and international human rights treaties — Compliance of arrest and detention with treaty obligations — Compliance of Gambia’s libel, sedition and false news publication laws with its treaty obligations — African Charter on Human and Peoples’ Rights, 1981 — Revised Treaty of the Economic Community of West African States, 1993 — International Covenant on Civil and Political Rights, 1966 — Universal Declaration of Human Rights, 1948International tribunals — Jurisdiction — Community Court of Justice of Economic Community of West African States — Non-applicability of exhaustion of domestic remedies — Statute of limitations — Interpretation of Article 9(3) Supplementary Protocol, 2005 — Whether statute of limitations applicable — Whether Community Court of Justice decisions affirming statutory limitation to be overruled — Whether Court having jurisdiction


Public Law ◽  
2020 ◽  
pp. 817-859
Author(s):  
Mark Elliott ◽  
Robert Thomas

This chapter examines the nature of free speech, first addressing the question of why free speech must be protected. It then discusses Article 10 of the European Convention on Human Rights (ECHR), media freedom, defamation, criminal offences, privacy, and official secrecy.


Public Law ◽  
2017 ◽  
Author(s):  
Mark Elliott ◽  
Robert Thomas

This chapter examines the nature of free speech, first addressing the question of why free speech must be protected. It then discusses Article 10 of the European Convention on Human Rights (ECHR), media freedom, defamation, criminal offences, privacy, and official secrecy.


2010 ◽  
Vol 3 (1) ◽  
pp. 101-119 ◽  
Author(s):  
Naomi Sakr

AbstractThere is more to the denial of freedom of expression than outright censorship. The right to freedom of expression is interdependent with, and indivisible from, other rights guaranteed under the Universal Declaration of Human Rights. To discuss freedom of expression narrowly as if it were self-contained, and to conceal the issues, processes, and conflicts implicit in its achievement, can be seen as a hegemonic strategy that serves relations of domination. Three sets of public exchanges analyzed here, conducted on and about Arab television against a background of growing international intolerance for free speech, arguably contributed to a narrow, reified understanding of freedom of expression. The first centered on a television drama serial, the second on cartoons of the Prophet Mohammed, and the third on the ambitions of a privately owned television station in Egypt. Since freedom of expression was repeatedly referred to in all three cases, it might be said that Arab television increased awareness on this topic. Evidence shows, however, that instead of illuminating ways in which the rights and duties inherent in freedom of expression could benefit the viewing public, each set of exchanges helped to sustain power relations by obscuring them.


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