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A Moscou, des jeunes militants nationalistes ont attaqué jeudi 28 avril des participants à un concours organisé par l’ONG de défense des droits de l’homme Memorial. Parmi les personnes visées, l'écrivaine Lioudmila Oulitskaïa, mondialement reconnue pour ses écrits critiques de la période stalinienne.

While a free press means that a journalist has rights, it does not mean that she or he is right. This article forms part of a series by IPS for World Press Freedom Day, May 3.

By Farhana Haque Rahman, Director General, Inter Press Service
ROME, Apr 28 2016 (IPS)

Media freedoms appear increasingly under siege around the world, with concerning signs that achieving middle-income status is no guarantee for an independent political watchdog in the form of the press.

Farhana Haque Rahman

The news is constant and disheartening.

The death this week of a LGBT magazine editor in Bangladesh shows that around the world, those who speak up are too often themselves tragically silenced.

In Mexico, journalists are knocked off – by criminal gangs, or maybe by colluding public authorities – and only rarely is their death punished. The fact that the government has a special prosecutor for such crimes does not seem to have any impact.

In South Africa, a new bill on national security allows for whistle blowers to be jailed for decades – the first legislation since the end of apartheid that curtails a freedom many once fought for.

The arrest of newspaper editors in Turkey is alarming. In Tunisia, the media’s main enemy is no longer tyranny in the form of a dictator, the new constitution tried to make defamation and libel – often flexible categories – punishable by fines only, but those the government often insist on use the penal code. A pending bill that would criminalize “denigration” of security forces.

Security threats, not always well-defined, are increasingly cited to promote further restrictions – in France, Belgium and beyond. The U.S. Senate has proposed requiring Internet companies to report “terrorist activity” and a UN Security Council committee recently called for Internet platforms to be liable for hosting content posted by extremists – even though the Islamic State alone posts an estimated 90,000 posts a day and has been known to taunt the social media platforms they use for trying to stop them.

Proposed Internet regulations are not just about terrorism or alleged civil war. They can be used to muffle news about deadly industrial accidents, government corruption and more. China wants to forbid foreign ownership of online media.

Censorship can use commercial pressure. Many feel the reason a major Kenyan daily sacked its editor was out of fear criticism of the government would lead to an advertising boycott and the risk of bankruptcy. The recent purchase of Hong Kong’s South China Morning Post by Alibaba’s founder, widely seen as close to Beijing, will be watched closely.

Looser defamation laws – proposed in the U.S. by a presidential candidate – have a long history of being used to silence people through long Kafka-esque judicial action.

One of the stranger cases – yet no less symptomatic of the trend – was the Indian government’s firing of an educational newspaper’s editor for having published a story suggesting that iron is an important nutritional element and can be obtained from beef or veal – a taboo food according to the ideological Hinduism championed by the current ruling party.

What to do?

There is a broadly-agreed narrative that claims a free and independent press is an essential part of any genuine democracy. It has long been held that while there may be stages along the way for developing countries, upholding media freedom is a strong sign of commitment that bodes well for improved governance across the board and thus better human welfare for all.

I have not heard one coherent argument claiming that this is no longer the case. Political leaders should be pressured to state publicly that they do not believe in media freedom’s merits – which few will do – rather than hide behind vague security threats that often sound like the rumour mill that preceded the guillotines of the French Revolution. This can work, as shown last year when international pressure led President Joko Widodo of Indonesia to force a senior minister to drop new rules curtailing the rights of foreign journalists in the country.

Public pressure on governments to make sure legislative threats to the press are reversed and threats against media freedom properly policed are essential. A Swedish law that makes it illegal for a reporter to reveal an anonymous source warrants consideration for emulation. And this highlights how journalists themselves must help achieve the goal.

Self-regulation can work, as Scandinavian countries show. Independent press councils can serve as a powerful forum – ideally enhanced with a public code of ethics that all parties can invoke – both for journalists themselves and readers and other stakeholders who may complain about their work.

After all, while a free press means that a journalist has rights, it does not mean that she or he is right.

To prove effective, a whole ecosystem must be set up. Sweden’s Freedom of the Press Act is now several centuries old, and the country has a constitutional principle requiring that all public records be available to the public. It is true that the experience of the Nordic countries is historically linked to the absence of feudalism, but it is an implicit goal of all democracy to overcome such legacies, so setting up institutions that mutually reinforce the free flow of information is part of any sustainable development in the interest of all – and not a perk upon arrival.

Digital publishing has, to be sure, raised thorny questions, notably about whether expressions that insult cultural sensitivities – whatever they may be – contribute to the culture a free press needs and is meant to foster. Opinions may vary on where appropriate limits may lie. But all authorities – precisely because they hold power – should accept the principle that the free press exists to hold them accountable, and that suppressing journalists will not bolster their power but ultimately erode it.

(End)

Désigné président de la commission de Communauté économique de développement de l’Afrique de l’Ouest (CEDEAO) en remplacement du Burkinabé Désiré Kadre Ouedraogo, Marcel Alain de Souza a effectué sa première mission officielle.

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Abuja – La France et le Nigeria ont signé jeudi une feuille de route sur leur coopération militaire, notamment en matière de renseignement, afin de renforcer la lutte contre le groupe islamiste Boko Haram dans la région du lac Tchad. « Il y a deux préoccupations majeures dans les engagements que nous avons pris : il ...

Un voilier a été secouru par un bâtiment de la Marine Nationale, mercredi soir, au large de Flamanville. Ce mercredi à 20h20, le Centre Régional Opérationnel de Surveillance et de Sauvetage le CROSS Jobourg a été alerté par le propriétaire d’un voilier que l’hélice de son bateau était engagée dans un engin de pêche. Lire ...

L’Europe est prête à intervenir militairement pour éviter le chaos en Libye sous l’impulsion italienne. Une intervention italienne pour soutenir un pouvoir fragile. Précisions avec François Beaudonnet en direct de Rome. L’Italie voudrait intervenir militairement pour mettre fin à l’instabilité politique et militaire qui règne en Libye. « Depuis quelques jours, la presse italienne ne parle ...

Un convoi de pirogues conduites par des gendarmes et des militaires a été la cible d’une embuscade de trois pirogues avec à leur bord des individus « en majorité cagoulés », sur le territoire de la commune de Maripasoula (sud-ouest guyanais) à la frontière du Suriname. Le convoi des forces de l’ordre attaqué ramenait à Maripasoula six pirogues saisies les ...

L’ancien maire de Londres Ken Livingstone vient d’être suspendu du Labour pour avoir déclaré qu’« Hitler soutenait le sionisme ». Le dirigeant du Labour Jeremy Corbyn est intervenu pour assurer que son parti avait une politique de « tolérance zéro » concernant l’antisémitisme.

Pas de surprise à l’issue de l’élection présidentielle en Guinée Equatoriale. Au pouvoir depuis bientôt quatre décennies, le président Théodoro Obiang Nguema Mbasogo dirigera son pays pendant les quelques années encore.

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Ça y est, il revient ! Suivez les actualités de l’armée de Terre, que ce soit en France, à l’étranger, en exercice ou en opération en lisant Terre Information Magazine.

The unexplained death by gunshot of a Macedonian Special Prosecution witness has sparked debate about whether he was killed - or committed suicide - in relation to a criminal investigation.

By I.A. Rehman
Apr 28 2016 (Dawn, Pakistan)

Pakistani visitors to India, usually beset with anxiety about their country`s future, are sometimes relieved to find a good number of Indians similarly worried about their country.

This is perhaps due to the fact that the twin states face many identical issues, and their people thus try to find solutions in the subcontinent`s shared culture.

For instance, last week in Delhi the discussion at gatherings of left-inclined intellectuals and social activists was dominated by queries as to what will happen to India if the saffron brigade continued to bring all matters under the stamp of Hindutva.

Sparks of resistance were not denied such as the resistance by writers and artists (in renouncing state awards) or the defiance of the Jawaharlal Nehru University student leaders. But generally, the conclusion was that these actions, highly morale-boosting though they were, did not generate the kind of movement for the rejection of humbug that was needed.

One also noticed a receding enthusiasm among optimists. Perhaps most people were more disappointed with the showing of the liberals (who should not be relied upon in any case) than was objectively necessary. But in the end, somebody or the other would cut the discussion short by claiming that India would never go down in the duel with fundamentalism because the traditions of tolerance in its society were so deep-rooted and strong.

One could not help drawing parallels with similar gatherings in Pakistan where those lamenting the uncertainty of civil society (along with the state authorities) see no silver lining on the horizon.

Does this mean that India and Pakistan both are condemned to suffer for a long time at the hands of people who are equipped with mantras that cannot be spurned without inviting the charge of sacrilege? That said, it is impossible not to find the judiciary challenging the executive or the legislature for transgressing its authority. Last time, it was a former Supreme Court judge taking parliament to task for amending the law so that an 18-year-oldcould be hanged.

This time it was Uttarakhand High Court in a fiery mood in the case of the dissolution of the state government by the president. The president can be an exalted person but he can also go terribly wrong, the court said.

The crisis arose when nine of the chief minister`s supporters joined the BJP opposition and the president accepted the establishment`s view that the government had broken down. Now the BJP was eagerly waiting for an invitation to form the state government. Whatever the final outcome, the BJP will be blamed for manipulating the fall of the state government.

For Pakistani students of politics, there is nothing surprising in this story. In the early years of independence, the ruling parties in both India and Pakistan were extremely unwilling to allow any opposition party to form a state-province government, but one thought the process had ended in India after an Andhra chief minister flew into the capital with all his supporters in the assembly and compelled the centre to take back the orders of his sacking. In Pakistan, the process continued somewhat longer and was overshadowed by frequent sacking of the National Assembly by all-powerful presidents.

With regard to judiciary-executive ties, it is not clear if India is now following Pakistan`s example or whether Pakistan was earlier copying an Indian pattern.

Although Pakistani chief justices in distress might have shed tears in private, there is no record of their breaking down before the political authority. But it must be said for Chief Justice T.S. Thakur that he was pleading the cause of justice and not seeking a personal favour.

One hopes, however, that his tearful plea does not embolden the sarkar to the extent of filling the courts with Modi loyalists. Justice Thakur could have a better bargain with the executive by holding firm as the head of his brother judges.

The Delhi state government`s decision to prohibit fee increases by private educational institutions should not fail to remind the people of Punjab of a similar step taken by their provincial government sometime ago.

The reasons advanced by the educational institutions on both sides are the same: mounting expenditures on teachers, rent and extracurricular facilities. The parents complain of their inability to pay fees they consider exorbitant but they are unlikely to win their case in either Delhi or Lahore.

Although the Indian government earned credit for forcing the private institutions to give relief to poor students, the patrons of private schools are likely to surrender to the argument that they cannot wish to have for their kids anything less than the best. The neo-liberal stalwarts are unlikely to cow before parents who admit to being less affluent.

It is not possible to be in Delhi and not be caught by surprise at the expansion of the metro train network or the odd-even scheme to restrict traffic that has increased the gains of operators of public transport.

The privileged car owners make no secret of their tactic to beat the system by having two cars for each user, one for odd number days and the other to be plied on even number days.

What makes Delhi a lively place despite the heat and shortage of water is the pace at which cultural activities continue.

It was good to see the tomb of Abdul Rahim Khan-i -Khana, the son of Bairam Khan who had secured the throne for the child-king Al Journalists in the doghouse: Pakistan enjoys the dubious distinction of being among the most dangerous places for journalists. In Sri Lanka, before the change of government, journalists were commonly meted out unsavoury treatment. Now Bangladesh too has taken to targeting journalists rather indiscriminately.

But what has happened to the democratic government of Nepal that Kanak Mani Dixit has been jailed? He is not afraid of making enemies, if he is being punished for that, but he must be respected as a leading exponent of the South Asian identity.

This story was originally published by Dawn, Pakistan

Lorsque le général Soubelet, convoqué devant la représentation nationale, présente la réalité sécuritaire de notre pays, il fait son devoir. Nicolas Sarkozy n’est jamais aussi bon que lorsqu’il ressemble à Laurent Gerra imitant Nicolas Sarkozy. Alain Juppé, à son tour – il suffisait d’être patient – est en passe d’atteindre cette sorte de consécration – ...

Dans un essai, les journalistes Anita Hausser et Olivier Biscaye racontent l'histoire mouvementée des relations entre les deux ténors des Républicains.

Les sorties à répétition de Nicolas Sarkozy réjouissent les soutiens du maire de Bordeaux.

AMENDMENTS 1 - 186 - Draft report containing a motion for a non-legislative resolution on the draft Council and Commission decision on the conclusion by the European Union and the European Atomic Energy Community of the Partnership and Cooperation Agreement establishing a Partnership between the European Communities and their Member States, of the one part, and Turkmenistan, of the other part
Committee on Foreign Affairs

Source : © European Union, 2016 - EP

AMENDMENTS 1 - 186 - Draft report containing a motion for a non-legislative resolution on the draft Council and Commission decision on the conclusion by the European Union and the European Atomic Energy Community of the Partnership and Cooperation Agreement establishing a Partnership between the European Communities and their Member States, of the one part, and Turkmenistan, of the other part
Committee on Foreign Affairs

Source : © European Union, 2016 - EP

Excédé par l'ambition de son turbulent ministre, le chef du gouvernement ne retient désormais plus ses coups.

Passenger name record (PNR) data is personal information provided by passengers and collected and held by air carriers. It includes information such as the name of passengers, travel dates, itineraries, seats, baggage, contact details and means of payment. The proposal for a directive, presented by the Commission, aims at regulating the transfer of such PNR data to member states’ law enforcement authorities and their processing for the prevention, detection, investigation and prosecution of terrorist offences and serious crime.

The European Parliament and the Council agreed on a compromise text in December 2015. On 14 April 2016, the European Parliament adopted its position. The Council then adopted the directive on 21 April 2016. Member states will have two years to bring into force the laws, regulations and administrative provisions necessary to comply with this directive.

After a five years long series of delays and setbacks the new directive regulating the use of Passenger Name Record (PNR) data in the EU for the prevention, detection, investigation and prosecution of terrorist offences and serious crime was approved by the Parliament on Thursday 14 April.

Despite strong criticism from the left side, the issue was pushed to the top of the Parliament’s agenda following the recent terrorist attacks in Paris and Brussels. In fact, some objections were moved, especially the Greens and the Liberals, concerning the fact that each country will keep control of its own database, the vague nature of data collected and the length of time passenger information may be stored.

Although there was little suspense regarding the positive outcome of the vote, a number of MEPs, such as the Dutch Liberal Sophie in’t Veld, tried to derail the PNR dossier by tabling amendments that would change the essence of the compromise. At the end, the text was approved by MEPs for 461 votes to 179, with 9 abstentions.

The Greens have consistently criticized the proposed system, which, according to them, will fail to address the terrorist threat, whilst undermining the fundamental lights of EU citizens. After the vote, Green MEP and home affairs spokesperson Jan Philipp Albrecht said:

« This EU PNR system is a false solution, based on the flawed political obsession with mass surveillance. PNR is a placebo at best, which will not only undermine the fundamental rights of EU citizens but also undermine the security of our societies by diverting badly-needed resources from security and intelligence tools that could actually be useful for combating terrorism, like targeted surveillance.”

Despite all the negative evaluations, British conservative and PNR rapporteur, Timothy Kirkhope said: “There were understandable concerns about the collection and storage or people’s data, but I believe that the directive puts in place data safeguards, as well as proving that the law is proportionate to the risks we face. EU governments must now get on with implementing this agreement »

French Home Affairs Minister, Bernard Cazeneuve, who had been fighting intensively for the adoption of this system since the Paris attacks of January 2015 and the attacks of November, welcomed the outcome and this “vital step in stepping up the fight against terrorism in Europe”.

Under the new directive, air carriers will be obliged to provide member states’ authorities with the PNR data for flights entering or departing from the EU. It will also allow, but not oblige, member states to collect PNR data concerning selected intra-EU flights. However, considering the current security situation in Europe, all member states declared that by the date of transposition of the directive they will make full use of the possibility provided for by Article 2 which states that selected intra-EU flights could be included.

Thus, under the new rules, each member state will also be required to set up a so-called Passenger Information Unit (PIU’s), which will receive the PNR data from the air carriers.

The new rules create an EU standard for the use of such data and include provisions on:

• the purposes for which PNR data can be processed in the context of law enforcement (pre-arrival assessment of passengers against pre-determined risk criteria or in order to identify specific persons; the use in specific investigations/prosecutions; input in the development of risk assessment criteria);
• the exchange of such data between the member states and between member states and third countries;
• storage (data will initially be stored for 6 months, after which they will be masked out and stored for another period of four years and a half, with a strict procedure to access the full data);
• common protocols and data formats for transferring the PNR data from the air carriers to the Passenger Information Units; and
• strong safeguards as regards protection of privacy and personal data, including the role of national supervisory authorities and the mandatory appointment of a data protection officer in each Passenger Information Unit.

Member states could then extend the directive to “intra-EU” flights (i.e. from an EU country to one or more other EU countries), if they notify it to the EU Commission. EU countries may also choose to collect and process PNR data from travel agencies and tour operators (non-carrier economic operators), as they also manage flight bookings.

There will be also guaranties applied to safeguard data protection:

• National PIUs will have to appoint a data protection officer responsible for monitoring the processing of PNR data and implementing the related safeguards.
• Access to the full PNR data set, which enables users to immediately identify the data subject, should be granted only under very strict and limited conditions after the initial retention period.
• All processing of PNR data should be documented.
• Explicit prohibition of processing personal data revealing a person´s race or ethnic origin, political opinions, religion or philosophical beliefs, trade union membership, health, sexual life or sexual orientation.

Under the new directive, air carriers will be obliged to provide member states’ authorities with the PNR data for flights entering or departing from the EU. Member states will have two years to incorporate the text into national law but at least 16 States already have a national PNR system.

Elena Dal Monte

For further information:

• Image source https://www.theparliamentmagazine.eu/articles/news/meps-approve-preliminary-eu-pnr-deal
• The European Parliament News http://www.europarl.europa.eu/news/en/news-room/20160407IPR21775/Parliament-backs-EU-directive-on-use-of-Passenger-Name-Records-(PNR)
• Council of the European Union http://www.consilium.europa.eu/en/press/press-releases/2016/04/21-council-adopts-eu-pnr-directive/
• The greens in the European Parliament http://www.greens-efa.eu/pnr-air-passenger-data-retention-15436.html
• The Netherlands EU Presidency 2016. http://english.eu2016.nl/latest/news/2016/03/25/joint-statement-of-eu-ministers-on-the-terrorist-attacks-in-brussels

 

Classé dans:Coopération judiciaire pénale, Coopération policière, COOPERATION JUDICIAIRE ET POLICIERE, Lutte contre la criminalité organisée, Lutte contre le terrorisme et la radicalisation

Cartoon: The New York Times

By Amitava Kar
Apr 28 2016 (The Daily Star, Bangladesh)

“Clothes make the man. Naked people have little or no influence on society,” said Mark Twain. In fewer places than Myanmar has the saying held truer where clothed men—uniformed to be more precise—have had all the influence for more than 50 years.

That’s changing with Aung San Suu Kyi’s National League for Democracy winning a decisive majority in the November 2015 elections. She is sending a clear message to the generals: civilians are going to call the shots from now on and she will be in charge.

Barred from becoming president by the military-drafted 2008 constitution “for the good of the mother country”, she assumed three key positions in the government to fortify her leadership—“State Counsellor”, foreign minister and minister in the president’s office. The combination of jobs will allow her to oversee the president’s office, shape foreign policy and coordinate decision-making between the executive branch and the parliament.

Things have started moving. As “State Counsellor”, she bypassed the military-controlled Ministry of Home Affairs and used legal processes to release students who had been jailed last year for protesting the new education reform law. In her first meeting as foreign minister with her Chinese counterpart Wang Yi, she made it clear that Beijing would have to pursue its interests in Myanmar with her rather than through the Army, as had been the case in the past.

Military members of the parliament denounced the moves as “democratic bullying”. At a parade last month, Min Aung Hlaing, commander-in-chief of the Armed Forces, reminded citizens that “the Army ensures the stability of the country” and “has to be present in a leading role in national politics”. The four-star general, despite reaching the retirement age of 60, will see his term extended for another five years, according to Wall Street Journal. He is in no hurry for the Army to step back from politics.

Suu Kyi cannot send the generals, who kept her under house arrest for 15 years, back to the barracks overnight. They still control three important ministries—home affairs, defence and border affairs. The first allows them to control the state’s administrative apparatus, right down to the grassroots level. Through these centres of power, it dominates the National Defence and Security Council which can dissolve parliament and impose martial law. Amending the constitution remains impossible as it requires a majority exceeding 75 percent in the parliament. Since the army has 25 percent seats reserved by law, it holds a perpetual veto.

The task ahead is daunting. In most key human development indicators, her country sits at the bottom of the pit in Southeast Asia. The new government inherits high inflation, large budget and current-account deficits, an unstable exchange rate and institutions ossified by decades of corruption and authoritarian rule. FDI rose to over USD 8 billion during the last fiscal year, but much of that money remains concentrated in the country’s jade, oil and gas industries—tied to former generals. And as the country opens up further, it is the urban “elites” and big corporations under the control of armed forces that are likely to benefit most from increased liquidity while people in rural and ethnically segregated live in extreme poverty, without basic physical or financial infrastructure.

Other priorities include reaching lasting peace with ethnic minorities along the country’s borders some of whom have been fighting the central government for decades and put an end to laws that have been used to stifle dissent. Most important of all is to redress the vicious persecution of hundreds of thousands of Muslim Rohingyas who have been made stateless by a 1982 law and have been languishing in squalid camps or confined to their villages while thousands more have fled the country, many into the hands of human traffickers. Suu Kyi has to find a way to quash the Anti-Islamic sentiment violently stirred-up among the near 70 percent Bamar population in part by the 969 movement initiated by radical Buddhist monk Wirathu.

Myanmar’s new government will also have to tackle land rights: confusing and poorly enforced laws leave rural farmers vulnerable to confiscation. The NLD’s election manifesto promised land reform, but it is easier promised than delivered as it will have to confront the still-powerful Army on the matter.

As of right now, Myanmar has the world’s goodwill and potential abounds. Washington wants to seize the opportunity to pull the Army away from China’s ambit and towards itself at a time when it is looking for new partners in the Indo-Pacific region to bolster its “pivot” strategy. The country has abundant natural resources and is wedged between the massive markets of China, India and Southeast Asia. A lot of expatriate Burmese are returning home, bringing in ideas, enthusiasm and skills with them. Foreign investment, especially in telecoms and energy, is pouring in. Many believe it can reclaim its title as the world’s leading rice exporter.

The low-hanging fruits of Suu Kyi’s victory have been picked. Further change will rest on deeper, structural changes that will take much longer. “People expect that the NLD will solve all their problems,” said Bo Bo Oo, an MP who spent 20 years in jail for supplying medicine to students. “But it will take at least ten years before we see real change.”

The writer is a member of the editorial team of The Daily Star.

This story was originally published by The Daily Star, Bangladesh