A piece by Taylor McNeil in TuftsNow of 19 April 2019 is about Hurst Hannumand his latest book Rescuing Human Rights: A Radically Moderate Approach (Cambridge University Press). Disclaimer: he and I are old acquaintances but have not seen each other for decades. I agree with much of what he says.
Hannum, a Fletcher School professor of international law, argues for bringing human rights back to the center of law and politics, while at the same time trying to define their role more carefully. Too often, he says, human rights are linked to just about everything, from punishing international crimes to seeking redress for nefarious corporate behavior and environmental degradation. “Human rights have come to mean almost anything to anyone,” Hannum said. “If something means everything, it means nothing. What we risk losing is a much narrower but more universal approach, focusing on the basic rights—civil, political, economic, social, and cultural—that government should be responsible for.”
Since the United Nations Universal Declaration of Human Rights was set forth as “a common standard of achievement” every country in the world has ratified at least one human rights treaty, and most have ratified a half-dozen or more. Hannum is aware that implementation leaves much to be desired, but said that “continued emphasis on ensuring those rights that a country has already recognized is most likely to be the best way forward.”
….“While the contemporary world may seem bleak, apartheid is gone, authoritarian regimes have largely disappeared from eastern Europe and Latin America, and rights are more widely respected in countries as different as South Korea, Nepal, Tunisia, Taiwan, and Mongolia,” he said. “Many of these changes can be attributed at least in part to greater awareness of and demands for human rights, even though progress is often slow and difficult.” ..
Beginning with the Carter administration in the late 1970s, human rights became a focal point for U.S. foreign policy, “although they were never the only or most important factor in determining policy,” Hannum said. Since the Clinton presidency, the U.S. has focused increasingly on promoting democracy, not human rights per se. Hannum thinks that’s a mistake. “Obviously, democracy and human rights are related—all of the things that go into making a democracy are human rights,” he said. “But since the end of the Cold War, we’ve been pushing democracy as the solution to all problems, and it turns out that it’s not.”
Unrealistic expectations of what democracy or a free-market economy can achieve “may help to explain the recent success of nationalists and populists, who often define democracy simply as elections, ignoring the essential human rights components of freedom of assembly, association, and expression that give such elections legitimacy,” Hannum said.
He also takes aim at human rights advocates who claim more for human rights than they can deliver—especially those who “confuse human rights with outsiders intervening in all sorts of way to fix other countries,” he said. “Human rights are about persuading governments to institute reforms within their own countries, not about imposing them from the outside.”
While he fully understands the desire to expand human rights efforts to deal more directly with contemporary problems, “we can achieve more if the goals are modest,” Hannum said. Of course, he knows that “Let’s try to achieve moderate success!” is not going to be a popular rallying cry, but he argues that such an approach seems radical these days “only because it seeks to retain the consensus and universality on which human rights are based.”
German-born Jesuit Father Franz Magnis Suseno has become an Indonesian citizen and an outspoken champion of democracy and interfaith dialogue in Indonesia. (Photo by Siktus Harson/ucanews.com)
Ryan Dagur painted on 15 April 2019 (in UCA News) a portrait of a remarkable man, the Jesuit priest Franz Magnis Suseno,doesn’t mince his words when promoting democracy and dialogue in Indonesia. “An adopted son’s passion for Indonesian pluralism”
Not so long ago, Jesuit priest Father Franz Magnis Suseno ..ruffled a few feathers by.. calling people who are threatening to boycott the polls fools, parasites, and psycho freaks.His scathing comments came in an article about the upcoming Indonesian presidential and legislative elections published by Kompas, the country’s bestselling newspaper.Many criticized him for the remarks, some even sent him letters of protest, but many also supported him. The German-born priest, a professor at the Driyarkara School of Philosophy, has apologized for his choice of words but argued the article was a call for all citizens to care for democracy and prevent the worst individuals from being elected to office.
…..The 82-year-old, born into a noble family and who was once called Count von Magnis, is now widely known as a philosopher, human rights defender, and culturalist, with his main area of expertise being Javanese culture. He has written 41 books on philosophy, political ethics, and Christianity, as well as made countless television appearances.During his time in the country, Father Magnis has witnessed a major shift in Indonesia’s political climate from a 32-year dictatorship under Suharto to the reform era that began in 1998 when the tap of democracy was opened.“It’s my moral obligation to speak up when democracy is threatened,” he said.He says he is optimistic that Indonesia will remain a leading democracy in Southeast Asia, but admitted various threats do concern him, especially what he calls the politicization of religion by hard-line Muslims. “Indonesia will only fall to another authoritarian regime if people continue to use religion in politics,” he said. He said it is dangerous because, for many people, religion is more important than democracy.
…. Father Magnis has built close friendships with several respected Muslim leaders, including the late Abdurahman Wahid, a highly respected figure, and Indonesia’s fourth president, as well as Nurcholish Majid, an avid defender of pluralism in Indonesia. Holding dialogue with extreme elements is also important, he said, especially when conflict occurs.He has met the now exiled Islamic Defenders Front chief, Muhammad Rizieq Shihab, several times when his organization sought to impose its own ban on worshiping activities in a number of churches in Jakarta. In 2011, Father Magnis met Shihab, to discuss the issue of an American pastor burning a Quran in Florida, which angered Muslims all over the world. Following the discussions, Shihab told his angry followers not to take out their anger on Indonesian Christians. In building a relationship with believers of other faiths, it is important for Christians to be humble and sensible and to avoid belittling acts or gestures. “It’s better to be low profile, rather than something fancy,” he said, adding that this philosophy should be especially applied in poor areas. This was why he called the erection of a 46-meter-high Marian statue in Ambarawa, Central Java in 2015, “inappropriate.” ..
Father Magnis is also critical of Christians who measure the success of their work by the number of people they attract to Christianity because it leads to aggressive Christianization. “Our mission is to bring the goodness of Christ into our society and let people decide whether to join us,” he said.He said Indonesia will remain an Islamic country, and what Christians can do is to help them build a better democratic system, where freedom of religion is upheld and interfaith relations are well established. Father Antonius Benny Sustyo, an outspoken activist priest, said Father Magnis’ openness and willingness to communicate with others are among his finest characteristics. “..Achmad Nurcholish, a Muslim activist said Father Magnis had contributed a lot to the progress of humanity in Indonesia, especially through his writings that have an enriched perspective.
Father Magnis’ endeavors have been duly recognized and have earned him a number of awards.In 2015, he received an award from Indonesian President Joko Widodo for his dedication to education and culture. A year later, in 2016, he won the Matteo Ricci International Prize for his commitment to promoting interreligious dialogue from the Catholic University of the Sacred Heart in Milan. However, the one that gives him the most pleasure is a so-called “Mud Award”, bestowed on him by communities in East Java whose land and homes were buried by mud caused by the activities of a company belonging to Aburizal Bakrie, a businessman cum politician. It was given in 2007 after the priest refused to accept a Bakrie Award — handed out by Aburizal Bakrie’s family — to show solidarity with people affected by the mud disaster. “I was very happy with that award. I’ll always treasure it,” he said.
The internationally Dan David Prize annually awards three prizes of US $1 million each to outstanding figures and organizations whose efforts have made outstanding humanistic, scientific and technological contributions and represent remarkable achievement in selected fields within the three dimensions of time – Past, Present and Future. This year’s fields were: Macro History, Defending Democracy, and Combatting Climate Change.
On 6 February 2019 WEBWIRE reported that the Laureates in the “Present” dimension, in the field of Defending Democracy, are: Reporters Without Borders, an international organization helping to sustain the freedom of the press across national boundaries; and Michael Ignatieff,President and Rector of the Central European University in Budapest.
Reporters Without Borders, also known under its French name Reporters sans frontières (RSF), defends freedom, independence and pluralism of journalism. It monitors government policies regarding the press and other media, and provides material, financial and psychological support for journalists and newspapers discriminated against and persecuted by the authorities. ..RSF has launched in 2018 a key initiative about Information and democracy. by creating an international commission composed by 25 prominent figures from 18 nationalities, including Nobel laureates, famous journalists facing authoritarian strongmen and specialists of new technologies. This commission adopted the “International Declaration on Information and Democracy”, which aims at establishing basic principles for the global information and communication space. 12 heads of Governments and States committed to sign a pledge on Information and Democracy based on this declaration.
RSF also launched the Journalism Trust Initiative (JTI), with the aim of promoting journalistic methods, editorial independence, media transparency, and respect for journalistic ethics by giving concrete advantages (especially technological and economic ones) to news media that adhere to standards defined collaboratively in a process of self-regulation. [see also: https://humanrightsdefenders.blog/2019/01/30/world-press-freedom-index-2018-is-out-colorful-but-disheartening/]
Michael Ignatieff has advocated for democracy around the world as a reporter, a champion of human rights, and as one of the first to warn against the rise of ethnic nationalism. In particular, he is acknowledged for his leadership as the President and Rector of the Central European University in Budapest, standing in the front lines against the campaign to stifle academic freedom, free expression and pluralism in the country.
“The liberal democratic order faces a rising tide of new authoritarianism and populism; the very values that have sustained freedom and democracy are called into question,” observed Ariel David, a member of the Dan David Prize’s board and son of the Prize founder. “Reporters Without Borders and Michael Ignatieff are being recognized for their leadership in the daily struggle to protect freedom of the press and freedom of academia. These basic liberties are pillars of democracy and it is no coincidence that the media and universities are often the primary targets of the populist and authoritarian regimes that have risen to power.” The Dan David Prize is named after the late Mr. Dan David, an international businessman and philanthropist whose vision is the driving force behind the international Dan David Prize. His aim was to reward those who have made a lasting impact on society and to help young students and entrepreneurs become the scholars and leaders of the future.
Freedom House‘s annual report 2019, which in fact covers 2018!, is out. It concludes that in 2018Freedom in the Worldrecorded the 13th consecutive year of decline in global freedom. The reversal has spanned a variety of countries in every region, from long-standing democracies like the United States to consolidated authoritarian regimes like China and Russia. The overall losses are still shallow compared with the gains of the late 20th century, but the pattern is consistent and ominous. The report concludes with a special chapter on the US (see below). For other annual reports 2018, see: https://humanrightsdefenders.blog/tag/annual-report-2018/.
In states that were already authoritarian, earning Not Free designations from Freedom House, governments have increasingly shed the thin façade of democratic practice that they established in previous decades, when international incentives and pressure for reform were stronger. More authoritarian powers are now banning opposition groups or jailing their leaders, dispensing with term limits, and tightening the screws on any independent media that remain. Meanwhile, many countries that democratized after the end of the Cold War have regressed in the face of rampant corruption, antiliberal populist movements, and breakdowns in the rule of law. Most troublingly, even long-standing democracies have been shaken by populist political forces that reject basic principles like the separation of powers and target minorities for discriminatory treatment.
Some light shined through these gathering clouds in 2018. Surprising improvements in individual countries—including Malaysia, Armenia, Ethiopia, Angola, and Ecuador—show that democracy has enduring appeal as a means of holding leaders accountable and creating the conditions for a better life. Even in the countries of Europe and North America where democratic institutions are under pressure, dynamic civic movements for justice and inclusion continue to build on the achievements of their predecessors, expanding the scope of what citizens can and should expect from democracy. The promise of democracy remains real and powerful. Not only defending it but broadening its reach is one of the great causes of our time.
THE WAVE OF DEMOCRATIZATION ROLLS BACK
The end of the Cold War accelerated a dramatic wave of democratization that began as early as the 1970s. The fall of the Berlin Wall in 1989 and the Soviet Union’s collapse in 1991 cleared the way for the formation or restoration of liberal democratic institutions not only in Eastern Europe, but also in the Americas, sub-Saharan Africa, and Asia. Between 1988 and 2005, the percentage of countries ranked Not Free in Freedom in the World dropped by almost 14 points (from 37 to 23 percent), while the share of Free countries grew (from 36 to 46 percent). This surge of progress has now begun to roll back. Between 2005 and 2018, the share of Not Free countries rose to 26 percent, while the share of Free countries declined to 44 percent.
The reversals may be a result of the euphoric expansion of the 1990s and early 2000s. As that momentum has worn off, many countries have struggled to accommodate the political swings and contentious debates intrinsic to democracy. Rapidly erected democratic institutions have come under sustained attack in nations that remain economically fragile or are still riven by deep-seated class or ethnic conflicts. Of the 23 countries that suffered a negative status change over the past 13 years (moving from Free to Partly Free, or Partly Free to Not Free), almost two-thirds (61 percent) had earned a positive status change after 1988. For example, Hungary, which became Free in 1990, fell back to Partly Free this year after five consecutive years of decline and 13 years without improvement.
AN EBB TIDE IN ESTABLISHED DEMOCRACIES
With the post–Cold War transition period now over, another shift in the global order is challenging long-standing democracies, from within and without. A crisis of confidence in these societies has intensified, with many citizens expressing doubts that democracy still serves their interests. Of the 41 countries that were consistently ranked Free from 1985 to 2005, 22 have registered net score declines in the last five years.
The crisis is linked to a changing balance of power at the global level. The share of international power held by highly industrialized democracies is dwindling as the clout of China, India, and other newly industrialized economies increases. China’s rise is the most stunning, with GDP per capita increasing by 16 times from 1990 to 2017. The shift has been driven by a new phase of globalization that unlocked enormous wealth around the world. The distribution of benefits has been highly uneven, however, with most accruing to either the wealthiest on a global scale or to workers in industrializing countries. Low- and medium-skilled workers in long-industrialized democracies have gained relatively little from the expansion, as stable, well-paying jobs have been lost to a combination of foreign competition and technological change.
These developments have contributed to increasing anger and anxiety in Europe and the United States over economic inequality and loss of personal status. The center of the political spectrum, which dominated politics in the established democracies as the changes unfolded, failed to adequately address the disruption and dislocation they caused. This created political opportunities for new competitors on the left and right, who were able to cast existing elites as complicit in or benefiting from the erosion of citizens’ living standards and national traditions.
So far it has been antiliberal populist movements of the far right—those that emphasize national sovereignty, are hostile to immigration, and reject constitutional checks on the will of the majority—that have been most effective at seizing the open political space. In countries from Italy to Sweden, antiliberal politicians have shifted the terms of debate and won elections by promoting an exclusionary national identity as a means for frustrated majorities to gird themselves against a changing global and domestic order. By building alliances with or outright capturing mainstream parties on the right, antiliberals have been able to launch attacks on the institutions designed to protect minorities against abuses and prevent monopolization of power. Victories for antiliberal movements in Europe and the United States in recent years have emboldened their counterparts around the world, as seen most recently in the election of Jair Bolsonaro as president of Brazil.
These movements damage democracies internally through their dismissive attitude toward core civil and political rights, and they weaken the cause of democracy around the world with their unilateralist reflexes. For example, antiliberal leaders’ attacks on the media have contributed to increasing polarization of the press, including political control over state broadcasters, and to growing physical threats against journalists in their countries. At the same time, such attacks have provided cover for authoritarian leaders abroad, who now commonly cry “fake news” when squelching critical coverage.
Similarly, punitive approaches to immigration are resulting in human rights abuses by democracies—such as Australia’s indefinite confinement of seaborne migrants in squalid camps on the remote island of Nauru, the separation of migrant children from their detained parents by the United States, or the detention of migrants by Libyan militias at the behest of Italy—that in turn offer excuses for more aggressive policies towards migrants and refugees elsewhere in the world. Populist politicians’ appeals to “unique” or “traditional” national values in democracies threaten the protection of individual rights as a universal value, which allows authoritarian states to justify much more egregious human rights violations. And by unilaterally assailing international institutions like the United Nations or the International Criminal Court without putting forward serious alternatives, antiliberal governments weaken the capacity of the international system to constrain the behavior of China and other authoritarian powers.
The gravity of the threat to global freedom requires the United States to shore up and expand its alliances with fellow democracies and deepen its own commitment to the values they share. Only a united front among the world’s democratic nations—and a defense of democracy as a universal right rather than the historical inheritance of a few Western societies—can roll back the world’s current authoritarian and antiliberal trends. By contrast, a withdrawal of the United States from global engagement on behalf of democracy, and a shift to transactional or mercenary relations with allies and rivals alike, will only accelerate the decline of democratic norms.
THE COSTS OF FALTERING LEADERSHIP
There should be no illusions about what the deterioration of established democracies could mean for the cause of freedom globally. Neither America nor its most powerful allies have ever been perfect models—the United States ranks behind 51 of the 87 Free countries in Freedom in the World—and their commitment to democratic governance overseas has always competed with other priorities. But the post-Soviet wave of democratization did produce lasting gains and came in no small part because of support and encouragement from the United States and other leading democratic nations. Despite the regression in many newly democratized countries described above, two-thirds of the countries whose freedom status improved between 1988 and 2005 have maintained their new status to date.
That major democracies are now flagging in their efforts, or even working in the opposite direction, is cause for real alarm. The truth is that democracy needs defending, and as traditional champions like the United States stumble, core democratic norms meant to ensure peace, prosperity, and freedom for all people are under serious threat around the world.
For example, elections are being hollowed out as autocracies find ways to control their results while sustaining a veneer of competitive balloting. Polls in which the outcome is shaped by coercion, fraud, gerrymandering, or other manipulation are increasingly common. Freedom House’s indicators for elections have declined at twice the rate of overall score totals globally during the last three years.
In a related phenomenon, the principle of term limits for executives, which have a long provenance in democracies but spread around the world after the end of the Cold War, is weakening. According to Freedom House’s data, leaders in 34 countries have tried to revise term limits—and have been successful 31 times—since the 13-year global decline began. Attacks on term limits have been especially prominent in Africa, Latin America, and the former Soviet Union.
Freedom of expression has come under sustained attack, through both assaults on the press and encroachments on the speech rights of ordinary citizens. Freedom in the World data show freedom of expression declining each year over the last 13 years, with sharper drops since 2012. This year, press freedom scores fell in four out of six regions in the world. Flagrant violations, like the imprisonment of journalists Wa Lone and Kyaw Soe Oo for their investigative reporting in Myanmar, have become more widespread. Even more stark have been the declines in personal expression, as governments have cracked down on critical discussion among citizens, especially online. The explosion of criminal cases for “insulting the president” in Turkey—more than 20,000 investigations and 6,000 prosecutions in 2017 alone—is one of the most glaring examples of this global trend.
The offensive against freedom of expression is being supercharged by a new and more effective form of digital authoritarianism. As documented in Freedom House’s most recent Freedom on the Net. report, China is now exporting its model of comprehensive internet censorship and surveillance around the world, offering trainings, seminars, and study trips as well as advanced equipment that takes advantage of artificial intelligence and facial recognition technologies. As the internet takes on the role of a virtual public sphere, and as the cost of sophisticated surveillance declines, Beijing’s desire and capacity to spread totalitarian models of digitally enabled social control pose a major risk to democracy worldwide.
Another norm under siege is protection of the rights of migrants and refugees, including the rights to due process, to freedom from discrimination, and to seek asylum. All countries have the legitimate authority to regulate migration, but they must do so in line with international human rights standards and without violating the fundamental principles of justice provided by their own laws and constitutions. Antiliberal populist leaders have increasingly demonized immigrants and asylum seekers and targeted them for discriminatory treatment, often using them as scapegoats to marginalize any political opponents who come to their defense. In Freedom in the World, eight democracies have suffered score declines in the past four years alone due to their treatment of migrants. With some 257 million people estimated to be in migration around the world, the persistent assault on the rights of migrants is a significant threat to human rights and a potential catalyst for other attacks on democratic safeguards.
In addition to mistreating those who arrive in their territory in search of work or protection, a growing number of governments are reaching beyond their borders to target expatriates, exiles, and diasporas. Freedom House found 24 countries around the world—including heavyweights like Russia, China, Turkey, Iran, and Saudi Arabia—that have recently targeted political dissidents abroad with practices such as harassment, extradition requests, kidnapping, and even assassination. Saudi Arabia’s murder of journalist Jamal Khashoggi in Turkey put a spotlight on authoritarian regimes’ aggressive pursuit of prominent critics. Turkey itself, which has sought to keep Khashoggi’s murder on the front pages, has by its own account captured 104 of its citizens from 21 countries over the last two years in a global crackdown on perceived enemies of the state. Beijing’s growing apparatus for policing opinions and enforcing its views among Chinese citizens and communities overseas has led to outcomes including the forced repatriation of Uighurs from countries where they sought safety and the surveillance of Chinese students at foreign universities. Interpol’s notification system has become a tool for authoritarian governments to detain and harass citizens in exile. The normalization of such transnational violence and harassment would not just shut down the last refuges for organized opposition to many repressive regimes. It would also contribute to a broader breakdown in international law and order, a world of borderless persecution in which any country could be a hunting ground for spies and assassins dispatched by tyrants looking to crush dissent.
Most disturbingly, Freedom House’s global survey shows that ethnic cleansing is a growing trend. In 2005, Freedom in the World reduced the scores of just three countries for ethnic cleansing or other egregious efforts to alter the ethnic composition of their territory; this number has since grown to 11, and in some cases the scale or intensity of such activities has increased over time as well. In Syria and Myanmar, hundreds of thousands of civilians from certain ethnic and religious groups have been killed or displaced as world powers either fail to respond adequately or facilitate the violence. Russia’s occupation of Crimea has included targeted repression of Crimean Tatars and those who insist on maintaining their Ukrainian identity. China’s mass internment of Uighurs and other Muslims—with some 800,000 to 2 million people held arbitrarily in “reeducation” camps—can only be interpreted as a superpower’s attempt to annihilate the distinct identities of minority groups.
Even in a time of new threats to democracy, social movements around the world are expanding the scope of democratic inclusion. They are part of a multigenerational transformation in how the rights of women, of ethnic, sexual, and religious minorities, of migrants, and of people with disabilities are recognized and upheld in practice—not least in places where they were already constitutionally enshrined. Authoritarian and antiliberal actors fear these movements for justice and participation because they challenge unfair concentrations of status and power. The transformation may still be fragile and incomplete, but its underlying drive—to make good on the 20th century’s promise of universal human rights and democratic institutions—is profound.
In this sense, the current moment contains not only danger, but also opportunity for democracy. Those committed to human rights and democratic governance should not limit themselves to a wary defense of the status quo. Instead we should throw ourselves into projects intended to renew national and international orders, to make protections for human dignity even more just and more comprehensive, including for workers whose lives are disrupted by technological and economic change. Democracy requires continuous effort to thrive, and a constant willingness to broaden and deepen the application of its principles. The future of democracy depends on our ability to show that it is more than a set of bare-minimum defenses against the worst abuses of tyrants—it is a guarantee of the freedom to choose and live out one’s own destiny. We must demonstrate that the full promise of democracy can be realized, and recognize that no one else will do it for us.
There are length chapters on the following regions:
ASIA-PACIFIC: MILITARY INFLUENCE AND PERSECUTION OF MINORITIES
MIDDLE EAST AND NORTH AFRICA: REPRESSION GROWS AS DEMOCRACIES STUMBLE
SUB-SAHARAN AFRICA: HISTORIC OPENINGS OFFSET BY CREEPING RESTRICTIONS ELSEWHERE
There is a special and uneasily frank section on “The Struggle Comes Home: Attacks on Democracy in the United States” by By Mike Abramowitz the President of Freedom House
U.S. President Donald Trump Photo credit: Kevin Dietsch-Pool/Getty Images.
….And just as we have called out foreign leaders for undermining democratic norms in their countries, we must draw attention to the same sorts of warning signs in our own country. It is in keeping with our mission, and given the irreplaceable role of the United States as a champion of global freedom, it is a priority we cannot afford to ignore.
The great challenges facing US democracy did not commence with the inauguration of President Donald Trump. Intensifying political polarization, declining economic mobility, the outsized influence of special interests, and the diminished influence of fact-based reporting in favor of bellicose partisan media were all problems afflicting the health of American democracy well before 2017. Previous presidents have contributed to the pressure on our system by infringing on the rights of American citizens. Surveillance programs such as the bulk collection of communications metadata, initially undertaken by the George W. Bush administration, and the Obama administration’s overzealous crackdown on press leaks are two cases in point.
At the midpoint of his term, however, there remains little question that President Trump exerts an influence on American politics that is straining our core values and testing the stability of our constitutional system. No president in living memory has shown less respect for its tenets, norms, and principles. Trump has assailed essential institutions and traditions including the separation of powers, a free press, an independent judiciary, the impartial delivery of justice, safeguards against corruption, and most disturbingly, the legitimacy of elections. Congress, a coequal branch of government, has too frequently failed to push back against these attacks with meaningful oversight and other defenses.
We recognize the right of freely elected presidents and lawmakers to set immigration policy, adopt different levels of regulation and taxation, and pursue other legitimate aims related to national security. But they must do so according to rules designed to protect individual rights and ensure the long-term survival of the democratic system. There are no ends that justify nondemocratic means.
… While the United States suffered an unusual three-point drop on Freedom in the World’s 100-point scale for 2017, there was no additional net decline for 2018, and the total score of 86 still places the country firmly in the report’s Free category.
….The United States has already been weakened by declines in the rule of law, the conduct of elections, and safeguards against corruption, among other important indicators measured by Freedom in the World. The current overall US score puts American democracy closer to struggling counterparts like Croatia than to traditional peers such as Germany or the United Kingdom.
……In any democracy, it is the role of independent judges and prosecutors to defend the supremacy and continuity of constitutional law against excesses by elected officials, to ensure that individual rights are not abused by hostile majorities or other powerful interests, and to prevent the politicization of justice so that competing parties can alternate in office without fear of unfair retribution. While not without problems, the United States has enjoyed a strong tradition of respect for the rule of law.
President Trump has repeatedly shown disdain for this tradition. Late in 2018, after a federal judge blocked the administration’s plan to consider asylum claims only from those who cross the border at official ports of entry, the president said, “This was an Obama judge. And I’ll tell you what, it’s not going to happen like this anymore.”
The president has since urged the Department of Justice to prosecute his political opponents and critics. He has used his pardon power to reward political and ideological allies and encourage targets of criminal investigations to refuse cooperation with the government. He has expressed contempt for witnesses who are cooperating with law enforcement in cases that could harm his interests and praised those who remain silent. His administration’s harsh policies on immigrants and asylum seekers have restricted their rights, belittled our nation’s core ideals, and seriously compromised equal treatment under the law. In October 2018, the president went so far as to claim that he could unilaterally overturn the constitutional guarantee of birthright citizenship…
The president’s attacks on the judiciary and law enforcement, echoed by media allies, are eroding the public’s trust in the third branch of government and the rule of law. Without that trust, the outright politicization of justice could well ensue, threatening the very stability of our democracy. Any American is free to contest the wisdom of a judge’s ruling, but no one—least of all the president—should challenge the authority of the courts themselves or use threats and incentives to pervert the legal process.
This is followed by chapters on
DEMONIZING THE PRESS
SELF-DEALING AND CONFLICTS OF INTEREST
ATTACKING THE LEGITIMACY OF ELECTIONS
THE THREAT TO AMERICAN IDEALS ABROAD
NEITHER DESPAIR NOR COMPLACENCY: Ours is a well-established and resilient democracy, and we can see the effect of its antibodies on the viruses infecting it. The judiciary has repeatedly checked the power of the president, and the press has exposed his actions to public scrutiny. Protests and other forms of civic mobilization against administration policies are large and robust. More people turned out for the midterm elections than in previous years, and there is a growing awareness of the threat that authoritarian practices pose to Americans.
Yet the pressure on our system is as serious as any experienced in living memory. We cannot take for granted that institutional bulwarks against abuse of power will retain their strength, or that our democracy will endure perpetually. Rarely has the need to defend its rules and norms been more urgent. Congress must perform more scrupulous oversight of the administration than it has to date. The courts must continue to resist pressures on their independence. The media must maintain their vigorous reporting even as they defend their constitutional prerogatives. And citizens, including Americans who are typically reluctant to engage in the public square, must be alert to new infringements on their rights and the rule of law, and demand that their elected representatives protect democratic values at home and abroad.
Freedom House will also be watching and speaking out in defense of US democracy. When leaders like Mohammed bin Salman or Victor Orbán take actions that threaten human liberty, it is our mission to document their abuses and condemn them. We must do no less when the threats come from closer to home.
The EU should do more to promote democracy, rule of law and fundamental rights across the EU, including through support to civil society organisations, says an article in the European Sting of 18 January 2019.
MEPs endorsed on Thursday the position of the Civil Liberties Committee to triple the funds allocated in the long-term EU budget (2021-2027) for the Rights and Values Programme, up to 1.834 billion euros (the European Commission had proposed €642 million). Parliament’s mandate to start negotiations with EU ministers was approved with 426 votes to 152 and 45 abstentions. With a general objective to protect and promote the rights and values enshrined in Article 2 of the EU Treaty through support to civil society organisations at local, regional, national and transnational level, the Programme seeks to promote equality and non-discrimination, encourage citizens’ engagement and participation in the democratic process, and fight violence.
MEPs decided to specifically mention the protection and promotion of democracy and the rule of law as the main aim, as these are a prerequisite for protecting fundamental rights and for ensuring mutual trust among member states and of citizens’ trust in the European Union, says the text.
Regarding the activities to be funded with EU money, Parliament suggests awareness-raising campaigns on European core values and the rights and obligations derived from EU citizenship. Initiatives to reflect on the factors that lead to totalitarian regimes occurring and to commemorate their victims were also suggested. MEPs also want to support town-twinning projects, human rights defenders and whistle-blowers, measures countering hate-speech and misinformation, and protection of victims of violence, among others.
MEPs agreed that, in exceptional cases, when there is a serious and rapid deterioration of the situation in a member state and the founding values are at risk, the European Commission may open a call for proposals, under a fast-track procedure, to fund civil society organisations to facilitate and support the democratic dialogue in the country.
There are many people looking back on 2018 in terms of human rights. I would like to share the following by Surangya published on 1 January 2019 in Newsclick, entitled: “From terror plots to national security threats, political dissenters faced several charges and labels for raising their voice and questioning excessive power“, with its own angle and priorities:
As 2018 draws to an end, we take a look at how the year fared for dissent and democracy in different parts of the world:
…Palestinian children detained in Israeli prisons for protesting the occupation
The occupying state of Israel is perhaps one of the best examples of a country normalising violence of all sorts. For decades, Israel has occupied Palestinian lands and subjected the people to all kinds of humiliation. This has only intensified the resistance against the occupation, with Palestinians ferociously protesting, even at the cost of their lives…..Israel recognises this threat, which is why as of November 2018, there were almost 6,000 Palestinians in Israeli prisons, most of whom challenged the occupation in one way or another. Even more astonishing is the fact that among these prisoners are nearly 250 children, over 40 of whom are under 16 years of age..This imprisonment of children and subjecting them to torture, inhumane living conditions, often even solitary confinement, is a clear violation of the UN Convention on the Rights of Child, to which Israel is a signatory. Just recently, a 17-year-old Palestinian boy, Ahyam Sabbah, was sentenced to 35 years in prison for a charge of attempted stabbing…
Plot to assassinate the prime minister in India
… With the general elections approaching in 2019, the far-right government led by the Bharatiya Janata Party (BJP) with Narendra Modi at the helm, has been looking for any excuse to silence those highlighting this government’s many flaws and suppression of minorities. The most prominent case this year was of the arrest of 10 renowned human rights activists, who were labelled members of the banned Communist Party of India (Maoist) and made part of a plan to assassinate Prime Minister Modi, despite there being no concrete evidence supporting these allegations. The wording of the UAPA is such that any speech a person makes questioning the state can be seen as a threat to the country’s security and sovereignty. [see also: https://humanrightsdefenders.blog/2018/09/22/attack-on-human-rights-defenders-in-india-are-an-attack-on-the-very-idea-of-india/]
Varavara Rao, Vernon Gonsalvez, Sudha Bharadwaj, Gautam Navlakha, Arun Ferreira and Stan Swamy were amongst the activists who faced charges.
Failed peace process in Colombia
Two years after the signing of a peace treaty between the Colombian government and the Revolutionary Armed Forces of Colombia (FARC) in Havana, Cuba, the government has failed to make good on its promises. While the guerrilla organisation surrendered arms for the most part after the treaty was signed, the government now shows no political will to implement the accords and demobilised combatants have been subject of unabated persecution. 92 people who participated in the reincorporation process have been killed……For the more than 400 social leaders and human rights defenders assassinated by right-wing paramilitary and state forces since the Havana agreements were signed, the legal system has been much slower to find those responsible and the government has shown it has no desire to dismantle the criminal structures that carry out these crimes. Just in 2018, human rights organisations reported that over 226 leaders were assassinated and the National Indigenous Organisation of Colombia (ONIC) declared in August that under Duque’s presidency, there has been an increase in the attacks against indigenous people.
Impending elections always create an upsurge in state clampdowns on people’s rights to free speech and protest.
Crackdown in Congo
As the Democratic Republic of Congo finally hit the polls on December 30 after a delay of two years, there was widespread apprehension over the fairness of these elections. President Joseph Kabila held on to power for two years after his constitutionally mandated term ended in December of 2016. Despite being president for the permitted two terms, he remained reluctant to give up control over the country, and only agreed to not contest this time after naming Emmanuel Ramazani Shadary as his successor. Shadary is a former minister of interior, and remains under sanctions by the European Union for committing human rights violations in Congo…..At least 2,000 activists, opposition members, and journalists have been put behind bars since the protests against Kabila began in 2015. Many were released after weeks or months of detention and reported mistreatment. In November alone, at least 18 pro-democracy activists were arrested from the capital city Kinshasa. It remains to be seen if the much anticipated elections will bring a change and some relief to the people of Congo.
Philippines
A scenario similar to this, but of a different magnitude, is being witnessed in the island nation of Philippines under the authoritarian regime of Rodrigo Duterte, with widespread attacks on activists and pubic dissenters…Earlier this month, the government approved extension of martial law for the third time, making it effective for another year. While the stated purpose of this is to combat “extremists”, often labelled as members or leaders of the banned Communist Party of Philippines (CPP) or New People’s Army (NPA), those facing chargers are mostly activists challenging Duterte’s authority. In late February, the Duterte regime released a list of almost 600 activists and political dissenters, which was called the Terror List. Labelled terrorists and members of banned groups, many in the list are renowned activists and public figures, including Victora Tauli-Corpus, the current UN Special Rapporteur on the Rights of Indigenous People.
Brasil
Any concrete evidence to show Lula’s involvement in the corruption scandal is yet to be presented. His indictment, however, gave the extreme right candidate Jair Bolsonaro’s campaign a push, ultimately leading to his victory. The judge responsible for the legal crusade against Lula, Sergio Moro, has been rewarded with a place in Bolsonaro’s cabinet as the Minister of Justice. The attacks against Brazil’s social movements have already intensified. Two leaders of the Landless Rural Workers Movement (MST) were assassinated days before the Human Rights Day on December 10. Members of social movements fear that such incidents will become more commonplace under Bolsonaro, known for encouraging Brazilians to resort to violence when faced with social conflicts.
The year ahead…
While 2018 saw several right-wing regimes and authoritarian leaders accede to power, the coming year offers hope of being different as discontent against neo-liberal systems is rising. The Yellow Vests movement in France, which is still going strong after almost a month and a half, is an inspiring instance of that. Several countries will hit the polls in 2019. The need for mobilising against anti-people parties and disseminating the truth about such parties which often seem appealing to the masses with their populist messages is now stronger than ever, especially if we are to make 2019 any different.
The Human Rights Cities Networkpromotes the development of human rights in Europe and beyond. This online platform creates an interactive community of human rights cities practitioners. It is a team of like-minded people committed to acknowledge the vital role cities play in protecting, promoting and fulfilling human rights. Guest member cities and associate members are key actors, sharing new ideas and taking current concepts to their own cities.
Its mission is to create an information hub and support people to connect and scale up the successful expansion of human rights cities.
Its vision is to help make human rights a reality for every citizen, in every city; and in doing so to foster participatory democracy and social justice.
About the network
The Human Rights Cities Network is an info hub, where you will find information on what constitutes a human rights city and how existing cities can be developed further. The primary objective is to develop a network of like-minded people who can expand their knowledge and share their experiences, to significantly grow the number of Human Rights Cities around Europe. The Human Rights Cities Network acknowledges the vital role cities play in protecting, promoting and fulfilling human rights.
The network helps implement the full spectrum of human rights for people living in urban settings, by supporting cities and political decision-makers. It also connects them with Human Rights Cities practitioners, who can contribute to the development of concepts, guiding practices and operational strategies, to enhance human rights. Professionalism, inclusive governance and a clear human rights perspective are essential principles. Ultimately, the network promotes a model where human rights are used to redefine the city as a more livable space.
Khoi is an independent artist who is shaping public discourse in Vietnam. She reached stardom in 2010, when she won the highest award for songwriting in Vietnam. As a celebrity, Mai advocated for women’s rights, LGBT rights, and to end violence against women. More recently, she became the focal point of public discourse after nominating herself to run in the 2016 parliamentary elections. Her pro-democracy campaign sparked a nationwide debate about political participation and ultimately led to a meeting with then-U.S. President Barack Obama. Since running for parliament, Mai has had her concerts raided, has been evicted from her house twice, and is effectively banned from singing in Vietnam. In March 2018, she was detained at Hanoi airport on suspicion of “terrorism” after returning from a European tour.
Despite this harassment, Mai continues to find creative ways to spark conversation on art, human rights, and democracy. In February 2018, she released a new album, “Mai Khoi Chem Gio – Dissent.” In a review of the album, The Economist commented, “If music alone could break chains, this would be the music to do it.” Mai’s work aims to counter the authoritarian ways of thinking that justify social control. She is currently the subject of a feature-length documentary that is scheduled to air on Netflix in 2019.
“Mai Khoi is outstanding in her commitment to human rights,” said Havel Prize Committee Chairman Thor Halvorssen. “Through her music and her campaigns, she has put civil liberties and democracy on the forefront of public conversation in Vietnam.”
The Havel Prize ceremony will be broadcast live at oslofreedomforum.com at 3:00 p.m. Oslo time (GMT+2) on Wednesday, May 30.
Since re-election in 2012, the Russian president has overseen the creation of 50 laws designed to strangle opposition voices and raise the level of fear and self-censorship in society. FIDH with its Russian member organizations released a table of the latest 50 new anti-democracy laws since 2012. It explains the impact of each of them on the fundamental freedoms of Russian citizens, cutting down every day a little bit more the free exchanges with the outside world. It also provides some, far from exhaustive examples of the legal abuses it provokes in the every day life of citizens.
Not only the present but also the past gets filtered and controlled.
The laws and regulations range from increased surveillance and censorship powers, to laws banning “questioning the integrity of the Russian nation” – effectively banning criticism of Russia’s presence in Eastern Ukraine and the Crimea – broad laws on “extremism” that grant authorities powers to crack down on political and religious freedom, to imposing certain views on Russian history forbidding to think differently.
The Holberg Prizeis awarded annually to a scholar who has made outstanding contributions to research in the arts and humanities, social science, law or theology, either in one of these fields or through interdisciplinary work. The Holberg Prize was established by the Norwegian Parliament 1 July 2003, and was awarded for the first time in 2004.The objective of the prize is to increase awareness of the value of academic scholarship in the arts, humanities, social sciences, law and theology. The Prize has a money value of approx. EUR 617,000. The Prize is named after the Danish-Norwegian writer Ludvig Holberg, who excelled in all of the sciences covered by the award.
Cass Sunstein, the Robert Walmsley University Professor at Harvard Law School. Rose Lincoln/Harvard file photo
Harvard legal scholar Cass Sunstein has been named this year’s winner of the Holberg Prize. As it is not specifically a human rights award, it is not included in the Digest of THF [http://trueheroesfilms.org/thedigest/], but this winner’s achievements in the human rights area are interesting enough to earn a mention in this blog:
Sunstein‘s scholarship spans behavioral economics and public policy, constitutional law and democratic theory, legal theory and jurisprudence, administrative law, and the regulation of risk. In particular, Sunstein’s academic work has reshaped understanding of the relationship between the modern regulatory state and constitutional law. He is widely regarded as the leading scholar of administrative law in the United States, and is by far the most cited legal scholar in the country.
For four decades, Sunstein has combined his scholarly contributions with a range of public activities and participation in open debate. He has influenced thinking on some of the most pressing issues of the time, from climate change and free speech to health issues.
Describing the key purpose of his work, Sunstein said, “I have long been concerned with how to promote enduring constitutional ideals — freedom, dignity, equality, self-government, the rule of law — under contemporary circumstances, which include large bureaucracies that sometimes promote, and sometimes threaten, those ideals. “The main goal has been to deepen the foundations of democratic theory for the modern era, and to understand in practical terms how democracies might succeed in helping to make people’s lives better — and longer.”
Sunstein has published 48 books and hundreds of scholarly articles. The books “After the Rights Revolution” (1990) and “The Partial Constitution” (1993) are considered his major works on American constitutional law, and explore how related ideals can be reworked and defended in the face of the challenges posed by the rise of the administrative state. “Impeachment: A Citizen’s Guide” (2018) emphasizes the importance of self-government and of human dignity, linking those to republican ideals and the power of impeachment.
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Sunstein won the Goldsmith Book Prize for “Democracy and the Problem of Free Speech” (1993), in which he argued the need to reformulate U.S. First Amendment law. The book says that it is necessary to move away from the conception of free speech as a marketplace, in order to “reinvigorate processes of democratic deliberation, by ensuring greater attention to public issues and greater diversity of views.”
His work on self-government, free speech, and modern technologies, culminating in “#Republic: Divided Democracy in the Age of Social Media” (2017), explores the problem of echo chambers and social polarization. It argues for the importance of common spaces and unchosen, serendipitous encounters with problems and ideas.
Sunstein earned his J.D. magna cum laude in 1978 from Harvard Law School, where he was executive editor of the Harvard Civil Rights-Civil Liberties Law Review. From 1980‒1981 he was an attorney-adviser at the U.S. Justice Department, before becoming an assistant professor at the University of Chicago Law School (1981–1983), where he also became an assistant professor in the Department of Political Science (1983–1985). Sunstein became full professor in both political science and law in 1985, and in 1988 he was named the Karl N. Llewellyn Professor of Jurisprudence in the Law School and Department of Political Science.
U.S. President Donald Trump Photo credit: Kevin Dietsch-Pool/Getty Images.
