:
Thank you so much for inviting me to speak to you today.
I'd like to share three points. The first is what we're living through in the Philippines as journalists and human rights defenders. The second is how technology for profit has become an insidious tool for tyranny globally. The third is what we're doing to help safeguard our election, which is happening in exactly 42 days in the Philippines right now—it's 41 days. They're just waking up. I would call this an “Avengers, assemble” moment in our nation's battle for facts.
I've been a journalist for more than 36 years. In 2016, we came under intense online attack, because we exposed the brutal drug war and the propaganda machine that was attacking journalists, news organizations, human rights defenders and opposition politicians. The weaponization of social media was followed by lawfare, twisting the law to breaking points to target those same groups. In 2018, the Philippine government tried to revoke Rappler's licence to operate. While we continue to fight it legally, within four months, we lost 49% of our advertising revenue.
In less than two years, my government filed 10 arrest warrants against me. In order to travel, I have to ask permission from the courts. Sometimes I get it, sometimes I don't. One of the times my travel was denied at the last minute was when my aging parents, who were both ill, had asked me to come to the United States because my mom was having an operation.
In past three months, we've had 22 new complaints—potential new legal cases—filed against us. Last Friday, we received eight in one day. Eight subpoenas is a record for us. We must be doing something right, because not only did a sitting cabinet secretary sue seven news organizations, including Rappler, but there is a petition at the Supreme Court by the solicitor general alleging unfounded conspiracy theories against us. The majority of these complaints are connected to President Duterte's pastor, Apollo Quiboloy, who is wanted by the FBI. His company is leading the attack against journalists and human rights activists and was recently awarded a television franchise. Last week, I testified in court in a case where the alleged tax we owed—200,000 pesos—was far less than the 1.2 million pesos I had already posted in that court in bail and bonds to stay free and working.
All told, I could go to jail for the rest of my life because I refuse to stop doing my job as a journalist. However, I'm lucky. Remember Senator Leila de Lima, former justice secretary and head of the Commission on Human Rights? Last month, she began her sixth year in prison. Amnesty International calls her “a prisoner of conscience”.
Remember young journalist, Frenchie Mae Cumpio? She spent her last two birthdays in prison.
Remember former colleague, Jess Malabanan? He was killed by a bullet to the head. He worked on the Reuters' drug wars series that won a Pulitzer Prize.
Remember ABS-CBN, the largest broadcaster in the Philippines? It was a newsroom I headed for six years. In 2020, it lost its franchise to operate. The last time that happened was when Ferdinand Marcos declared martial law in 1972.
For the people who defend us, there are also costs. More lawyers have been killed than journalists under the Duterte administration, and the toll for human rights activists as of August last year hit over 420 dead. Last year, on March 7, nine trade union leaders and human rights activists were killed in simultaneous morning police raids, which we now call “Bloody Sunday”. The numbers of those killed in our brutal drug war are from the thousands to tens of thousands. That's the first casualty in my nation's battle for facts.
That brings us to my second point, of how technology has degraded facts and broken our societies. Like the age of industrialization, there's a new economic model that brought new harms, a model Shoshana Zuboff called “surveillance capitalism”. This is when our atomized personal experiences are collected by machine learning and organized by artificial intelligence extracting our lives for outsized corporate gain. Highly profitable microtargeting operations are engineered to structurally undermine human will, creating a behaviour modification system in which we are Pavlov's dogs, experimented on in real time with disastrous consequences.
This is happening to you and to all of us around the world. These engagement-based metrics of American tech companies mean that the incentive structure of the algorithms, which is really just their opinion in code, implemented at a scale we could never have imagined is insidiously shaping our future by encouraging the worst of human behaviour.
Studies have shown that lies laced with anger and hate spread faster and further than facts. The next few sentences I have said in every speech in the last six years.
Without facts, you can't have truth. Without truth, you can't have trust. Without these, we have no shared reality, no rule of law and no democracy.
What are we going to do?
We can't solve the global existential problems if we don't win the battle for facts, and we cannot have integrity of elections if we don't have integrity of facts.
In 42 days, the Philippines will vote, in an existential moment for our democracy. The front-runner for president is Ferdinand Marcos, Junior. His family was ousted by a people-powered revolt 36 years ago. He's back partly because history was revised in plain view with networks of disinformation, which we at Rappler exposed, releasing the data publicly.
How do we find a solution to deal with the viral speed of lies and the preferential distribution of anger and hate?
We created a four-layer pyramid: what we call #FactsFirstPH. I submitted a copy for you who are listening today. It begins with our communities, with individuals reporting lies to our tip lines. That's the data layer that unites the pyramid. For the first time, at least 16 news groups are working together in that foundational layer.
Once the fact checks are done, it moves to the mesh layer: civil society groups, NGOs, schools, business groups, the church and religious groups joining together to mount their own campaigns for facts, creating a mesh of distribution.
That data then travels to the third layer—the disinformation research groups, finally working together—which releases weekly research to tell Filipinos exactly how we're being manipulated and by whom.
Finally, the fourth layer, that has long been needed, is the law. Legal groups across the spectrum focus on filing tactical and strategic litigation. As news groups in the Philippines now face renewed and expanded DDoS attacks against our site, meant to take us down, these exponential lies are like DDoS attacks on our brains, attacking our biology, leaving us defenceless. The platforms and the autocrats that exploit them must be held accountable and governments doing this must move at a faster pace.
In that sense, Russia's invasion of Ukraine has brought nations together and may bring solutions for the continued impunity of platforms for countries like the Philippines—consider the Magnitsky sanctions.
Democratic nations must stand together for democratic values. The solution is three-pronged and remains the core pillars of Rappler: technology, journalism and community.
First, put guardrails around the tech and build better tech. Second, strengthen journalism and help fund independent news, which is part of the reason why I agreed to co-chair the International Fund for Public Interest Media. Third, build communities of action that stand by these democratic values.
I could go to jail for the rest of my life just because I'm a journalist, but what I do now will determine whether that will happen, so I pledge to hold the line. These times demand more, and journalists have met and will meet those demands.
Now it's up to you.
Thank you.
:
Mr. Chair and members of the committee, thanks for inviting me to speak.
Given that the Islamic Republic is ranked among the worst globally with respect to various human rights indices, the utter absence of a free media, the looming JCPOA agreement and the tragedies surrounding the downing of flight PS752, my focus today will be on my homeland, Iran.
Since the 1979 revolution, the denial of fair trials and due process have been symptoms of the Iranian authorities' disdain for the rule of law and those defending it, as well as tools for the monopolization of power and the persecution of those who challenge it. Sadly, it came as no surprise when security forces yet again unlawfully used lethal force and birdshot to crush mass protests over water shortages in Khuzestan and Lorestan provinces last year, killing at least 11 people and injuring scores more. As you may know, in 2019 that number, as Reuters reported, was well over 1,500.
Neither should we be surprised that Iran is suffering from an epidemic of torture. Amnesty International has documented that Iranian authorities have failed to provide accountability for at least 72 deaths in custody since January 2010, despite credible reports that they resulted from torture, ill-treatment or the lethal use of firearms and tear gas by officials. Leaked surveillance footage from Tehran's Evin prison in August 2021 showed prison guards beating, sexually harassing and otherwise torturing prisoners.
In the last year, several thousand men, women and children, including human rights defenders, protesters, bereaved relatives demanding accountability, lawyers, journalists, environmentalists, dissidents, artists, writers, teachers and dual and foreign nationals, have been interrogated and unfairly detained simply for exercising their rights to freedom of expression, association and assembly. Hundreds remained wrongfully detained by the end of the year.
Hundreds of women human rights defenders remain unjustly imprisoned in Iran, including lengthy sentences for at least six women who peacefully campaigned against compulsory veiling. In a brave act of civil disobedience, renowned rights defender Narges Mohammadi, who spent the better part of the last 13 years behind bars for her peaceful advocacy, is resisting a prison summons she received on March 8, deeming it unjust.
The authorities have banned independent political parties, trade unions and civil society organizations; censored media; and jammed satellite television channels. In January the authorities added the messaging application Signal to the list of blocked social media platforms, a list that already includes Facebook, Twitter and YouTube.
The authorities imposed Internet shutdowns during protests, hiding the scale of violations by security forces and preventing people from organizing. They continue to conceal the truth surrounding the January 2020 shooting down of flight PS752 by the Revolutionary Guards, which killed 176 people. It's important that you as Canadian legislators recognize that the bereaved relatives of the victims seeking justice in Iran continue to face intimidation, harassment, arbitrary detention, torture or other ill-treatment. It's imperative that Canada along with Ukraine, the U.K., Sweden and Afghanistan continue to collectively pursue full transparency, accountability and justice.
After a 43-year case study on the Islamic Republic and the rise to the presidency of Ebrahim Raisi, who has been a pillar of the oppressive state implicated in crimes against humanity, and whose leadership hearkens back to 1980s Iran, it's become abundantly clear that a culture of impunity reigns supreme in the country and the system is impervious to reform. We should remember that there is no avenue for justice through domestic channels in Iran. Iranian victims of serious crimes committed by the Iranian authorities look to the international community to take meaningful action to ensure their rights.
This is why Amnesty International and other NGOs have been urging member states of the UN Human Rights Council to support the creation of an impartial mechanism to collect, analyze, consolidate and preserve evidence of the most serious crimes committed in Iran to facilitate future fair and independent criminal proceedings. We also urge member states to renew the mandate of the special rapporteur on the situation of human rights in Iran.
It's encouraging that Canada has been a lead sponsor of a UN resolution for the protection and promotion of human rights in Iran since 2003, when dual Iranian-Canadian citizen and freelance photojournalist Zahra Kazemi was killed while in custody. Her medical examiner later testified that she had sustained brutal torture and rape.
The support and promotion of such resolutions is the very least the people of Iran expect from the free world.
For far too long, we have have soft-pedalled human rights advocacy in our foreign policy, but human rights are intricately bound with respect for the rule of law, and there can be no good governance in the long run without the rule of law. Good and law-abiding governance not only makes for better regional neighbours, but also better members of the international community.
It's not just a moral imperative that we prioritize human rights in our foreign policy; it's to our advantage that we don't allow it to be overshadowed by our geopolitical, economic and other interests.
Thank you.
:
I can talk about that on two fronts. First, so much of the debate on this is kind of further downstream, so how do we think about it? The very first part of fighting for human rights, or free expression, actually begins with having the facts.
Right now, the platforms all want you to debate content moderation, which is the furthest downstream. If you're stuck here, the platforms make more money out of surveillance capitalism. What we need to do is to really move further upstream to the operating system, the algorithmic amplification. That's incredibly important. That's what a great book, Weapons of Math Destruction, calls “opinions embedded in code”.
Once you're there, you then move further upstream to the root cause. That's all the way here. We start from here, and that's surveillance capitalism, and that's where all of the problems connect that seemed to have been siloed. That includes safety, privacy, antitrust, and content moderation.
Part of our problem now is that these have been exploited by geopolitical power. These networks now form a global nervous system of what I call “toxic sludge”, and that's fuelled by nations like China and Russia.
In 2018, we connected the information operations in the Philippines with Russian disinformation networks through websites in Canada. In 2020, Facebook took down information operations from China that were creating fake accounts for the U.S. elections. In the Philippines, those same accounts were polishing the image of the Marcos, campaigning for Duterte's daughter, and attacking Rappler.
In 2021, the U.S. and the EU called out China and Russia for COVID-19 disinformation. I guess I want to just emphasize how connected we all are.
I guess the upside here is that we're starting to see more legislation. Last week, the European Union hammered out the last details of the Digital Markets Act. That's to be followed by the digital services act. I know Canada has this also in play, but these two will take time.
I continue, as I did in the Nobel lecture, to appeal to U.S. legislators to reform or revoke section 230 of the Communications Decency Act, because we, at the front lines, need immediate help.
:
Thank you very much. I'd just like to say how I am in awe of Ms. Ressa and Mr. Leung. Thank you so much for all you do.
Narges Mohammadi is equally brave putting her own life at risk inside Iran as a long-time human rights defender. I recently spoke to her. She is bravely defying a prison summons that she received a few weeks ago. She spent the better part of 13 years in prison for her peaceful human rights advocacy. She was in solitary confinement four times. The last time was for 64 days, 40 of which were spent completely incommunicado, with no access to a lawyer, nothing. And yet she's risking all of this again—her safety and her security.
She asks of you that when international lawmakers or anyone with any kind of connection to Iran is making an official visit to the country and meeting with someone inside the country—and I understand that Canada doesn't have those official ties—someone like the foreign minister, that they demand to first meet with someone like Narges so they can amplify the voices of civil society inside the country so that civil society dissidents know that those people, those officials as foreign officials, have not taken the side of their oppressors over them.
It is very important that we give those people platforms. Narges's request to all of you is that we give a platform to people like her, that we don't simply allow people like Zarif, the former foreign minister, to write op-eds in our western newspapers, that we give platforms and voice to dissidents inside Iran and strengthen civil society in that way. Narges is really a champion of that in so many ways. Uplifting people like her like Nasrin Sotoudeh, like Atena Daemi and countless other brave activists is very important.
I'd just like to add, on the subject of journalism inside Iran, that while the world was so focused, and rightfully so, on the atrocious death and tragedy of Jamal Khashoggi, it completely overlooked Rahul Azam who was lured to Iraq, abducted, taken to Iran and executed after a grossly unfair trial. So we're really not hearing enough about the struggles of civil society inside Iran.
[English]
I wish I could answer that question, but the truth of the matter is that the government, Iranian authorities, prioritize revolutionary ideology before the well-being of the people. That is what the Iranian people are facing. There is no real interest in protecting the Iranian people. The real interest of the Iranian authorities is protecting the revolutionary ideology, the revolution itself.
It's telling that the Islamic Revolutionary Guard Corps, the IRGC, is tasked with protecting the revolution. The words “Iran” or “Iranian” aren't even in the acronym. That should tell you everything about how these authorities, the Islamic Republic, feel about Iran and the Iranian people.
What I will say is that decisions made inside Iran have not benefited the people. Even when there was sanctions relief the first time around under President Obama, the money that went to Iran didn't reap any benefits for the Iranian people. Money was still going to Hamas and Hezbollah and Assad. Nothing really changed on the ground as far as human rights go in any tangible way. The people didn't reap the benefits.
For the same reason that U.S. vaccines, western vaccines, were banned from entering the country, these people are not interested in the well-being of the Iranian people.
Thank you to all our witnesses for being here tonight. It is such an honour to hear from you. I know people have said this before this evening, but I recognize [Technical difficulty--Editor] to do the work that you do. Your bravery and your courageous commitment to truth and to journalism is recognized certainly by this committee.
I want to start with Ms. Ressa.
I've read the speech that you gave in October when you accepted the Nobel Peace Prize. It was incredibly moving, and very chilling, of course, in parts as well.
I want to quote from it. You put in your comments that:
Highly profitable micro-targeting operations are engineered to structurally undermine human will—a behaviour modification system in which we are Pavlov’s dogs....
You went on to say:
These destructive corporations have siphoned money away from news groups and now pose a foundational threat to markets and elections.
It's obviously extremely terrifying and something that I think we can all recognize is not restricted to the Philippines. It is not restricted to any one democracy or non-democracy in the world. We are all implicated by this and this impacts all of us.
You spoke today in your comments about the need for legislation, and I know it is hopefully something that will be coming forward. The government has brought forward legislation in this country and there is a push-back that we see in terms of attacks on human rights. Many members of the opposition have stood in the House and said that these laws that would control social media are wrong.
How do you get around that? How do you counter that argument so that we actually can have legislation in place that holds social media to account?
:
Thank you so much for the question.
First of all, it's an old argument that isn't true. Again, freedom of speech is upheld as the most sacred right in the west, but right now, think about it, and human rights activists have said this: The right to freedom of speech of a few people is actually encroaching on the right to life of many more, and the right to safety and the right to dignity.
For example, look at genocide in Myanmar.
If we all agree that facts exist, that makes it objective, which leads to truth, which leads to trust.
I tried to show how the debate on content is all the way downstream. The legislation should come further upstream, at the algorithmic amplification and directly at the surveillance capitalism. Again, the basic question of data privacy is who owns the data? Should these large American companies own our private lives?
Beyond that as well, thank you for bringing up something that I failed to mention but mentioned in the Nobel lecture: gendered disinformation. The other reason we need to do that is because human rights defenders, women journalists and women politicians, also deserve the right to free speech. Right now, freedom of speech is being used to stifle and pound women and vulnerable sectors to silence. It's information operations.
Canada, like the U.S., now has a serious problem with the way women in politics and journalism are being targeted. The same patterns of abuse that you see in repressive regimes are now made possible in your societies by these social media platforms.
I can also send a study, “#ShePersisted”, a white paper that was done in Canada based on discussions with journalists and women in politics.
:
I think it's really important that we don't have double standards in our foreign policy.
When we're calling for sanctioning Putin, who is terrorizing Ukraine, why would we then have diplomatic ties with Iranian authorities who are terrorizing their own people? I think we can't say that it's okay what you do to your own people, but just don't do it to other people. I think justice for the bereaved relatives of those loved ones lost on the flight can come in the form of following up on investigations and making sure that facts are found. Accountability and transparency are very important.
I just want to add, on the tail of Ms. Ressa's remarks, that dissidents inside Iran are not the only target; it's also dissidents abroad.
If we look at the case of Masih Alinejad, who is an incredibly brave female Iranian journalist, U.S.-based, whose brother has been imprisoned, sentenced to eight years in prison to silence her, we realize that these autocracies, these oppressive governments, don't stop at their own borders. They also are trying to silence everyone outside who is raising their voices, particularly women. They are particularly scared of women like Masih.
I think it's really important that even if we don't have ties with Iran, we collectively empower civil society not only inside Iran, by supporting independent media—which is so incredibly important, because, of course, it's state-owned media inside Iran—but also outside, by supporting people like Mehdi Yahyanejad, who has created the Toosheh app. When there is an Internet blackout, if you have this app in Iran, you have access to real news, what's going on in the world and how to connect and organize.
These are all ways we can help the Iranian people.
I don't know how to choose just one question.
I do want to say to all of the witnesses today that I think I speak for all parliamentarians when I say that we tremendously admire and respect your courage in the face of great personal cost.
My question is for Maria Ressa.
It's good to see you again. I note that it's the second time I've heard you testify before the Canadian Parliament. The last time was at the grand committee of the ethics, privacy and information committee about the “data-opolies” and the large social media platforms.
You've talked about the need to look at the algorithms and the transparency of what underlies the amplification on these social media platforms, which is a very different thing than the argument that's made back that you're somehow censoring content. Could you talk a bit about the way in which legislators can work across jurisdictions?
We know that the large social media platforms will move from jurisdiction to jurisdiction and, if regulations are different, it can be very difficult to regulate them. How can we, as the Canadian Parliament, ensure we're working in concert with other legislatures around the world to be able to truly have an impact when it comes to the proliferation of this undermining of truth that you've spoken about?
[Translation]
I also thank the other distinguished witnesses for their perspectives, and the members of the committee for this invitation.
I am really honoured to be here with you, to share some ideas and to tell you about the situations and the work of the journalists we work with at Journalists for Human Rights, or JHR. I also want to take a moment to thank all the officials who are currently working on some of the cases to help journalists at risk. It is a difficult and complicated job.
My name is Rachel Pulfer and I am the Executive Director of Journalists for Human Rights, an international NGO that supports media development to help journalists and promote respect for human rights around the world.
[English]
Journalists for Human Rights is a Canadian-based media development organization that works to promote access to human rights worldwide.
We do this through strengthening the media's ability to cover human rights stories in places where the commitment to media freedoms and human rights is fragile. Currently, we do this work across 17 countries, including Mali, Iraq and Yemen.
Over the past six months, we have worked to evacuate journalists under threat from Afghanistan. This is the work I want to focus on in this discussion, but I wouldn't be a good journalist if I didn't start this talk with a story.
I am going to share with you the story of Katira Ahmadi, a female TV anchor with Zan TV.
Zan TV was an all-woman television station based in Kabul. It produced news and feature content in Afghanistan up until August 15 of last year. After the fall of Kabul, Katira and her colleagues went into hiding. They knew that as women who had a high public profile, they would have targets on their backs.
Journalists for Human Rights evacuated Katira and some of her colleagues from Kabul in October of 2021. Ever since then, she has been stuck in Islamabad. As an Afghan refugee, every door is closed to her save the one she went through to get to Pakistan.
When she arrived, Katira was pregnant. Within weeks she miscarried. Katira desperately needs a permanent place to settle, yet months of effort by a coalition of media freedoms organizations, including Journalists for Human Rights, have so far secured nothing. She is just one of 500 journalists, women leaders, human rights defenders and their family members from Afghanistan whom Journalists for Human Rights has worked to help since August 15.
In recent weeks, JHR has been approached in a similar way in increasing numbers by Ukrainian, Russian and Belarusian journalists, all in the same desperate situation. The reporting work they did before Putin's invasion of Ukraine has put them in danger. They need options urgently.
Luckily you, the members of this committee, are in a position to help provide them with options, so I'd like to recommend that Canada take immediate concrete action for journalists fleeing conflict and persecution—journalists like Katira—by creating an evergreen program of emergency visas for journalists. This is in line with recommendations from both the high-level legal panel of experts advising the Media Freedom Coalition, of which Canada is co-chair, and also IFEX, from whom you are going to hear later in this discussion.
On media freedom and human rights, we're seeing a global erosion in the state of media freedom through COVID-19; and the rise of authoritarianism threatens democracies and human rights worldwide. As Freedom House put it in their most recent report, “The global order is nearing a tipping point, and if democracy’s defenders do not work together to help guarantee freedom for all people, the authoritarian model will prevail.”
What can we do to roll this situation back? Organizations such as Journalists for Human Rights intervene to strengthen independent journalists' ability to cover human rights. Since 2016, starting in South Sudan, Journalists for Human Rights partnered with Global Affairs Canada to strengthen the “enabling environment” in which journalists work. This means a very holistic form of media development work across government, media and civil society, ensuring and building on society-wide support for independent journalists covering human rights stories.
We also train journalists on how to safely call out and debunk the kinds of disinformation campaigns that Maria Ressa referenced earlier in this discussion. Never has this kind of work been more needed than right now. Earlier today, for example, Novaya Gazeta, the last independent newspaper in Russia, closed its doors under pressure from Russian state sensors.
We need to ensure, in the face of gross state oppression, that newspapers like Novaya Gazeta are not censored and silenced, but rather find ways to live on. We need to ensure in the face of gross manipulation of information that citizens in places like Russia, Belarus and Afghanistan have access to the facts and truth.
The best way to counter-attack trends of authoritarianism and decaying support for human rights and liberal democracy is through support for independent journalism covering human rights issues. The best way to fight the state-sponsored lies of regimes such as Vladimir Putin's is with facts and truth.
That brings me to my second ask. This is in line with IFEX's petition to the Media Freedom Coalition in February, calling on Canada to step up and put aside up to 1% of its international development support towards this kind of media development work. This level of support is necessary in order to fund the kind of holistic, sector-wide networking and capacity-building work that ensures those enduring conflicts have access to reliable information about what is happening through the conflict and beyond; in particular, information on human rights.
I'll leave it there. Thank you so much.
Thank you, distinguished members of the subcommittee for inviting Professor Cotler to discuss the case and cause of Mr. Dawit Isaak.
Professor Cotler is unable to appear for medical reasons and has asked me to testify on his behalf as I am associated with him in these matters. He also asked that I convey his highest regard to this committee on which he served both as chair and vice-chair during his parliamentary experience and which he regards as reflective and representative of the pursuit of justice in a rules-based international order.
In 2001, the Eritrean government shut down the entire independent press in Eritrea. Mr. Isaak, a Swedish-Eritrean playwright, author, and courageous journalist with Setit, Eritrea's first independent newspaper, was arbitrarily detained, held incommunicado, denied access to family, consular assistance, the right to counsel and any semblance of constitutional rights and due process.
His crime? Setit had published an open letter criticizing the concentration of power and demanding democratic reform and human rights in Eritrea that was signed by 15 members of President Isaias Afwerki's government. No independent media has operated in Eritrea since Mr. Isaak's arrest. The World Press Freedom Index has ranked Eritrea last out of 180 countries for more than a decade, behind China and North Korea. In 2019 the committee to protect journalists designated Eritrea the most censored country in the world.
There is reason to believe that Mr. Isaak is being held in the Eiraeiro prison camp, one of a network of secret prisons where thousands of political prisoners are held in what Amnesty International calls “unimaginably atrocious conditions”. Indeed, Mr. Isaak has been denied any semblance of justice and human dignity and continues to be the victim of ongoing crimes against humanity.
This past September marked 20 years of detention for Mr. Isaak. He and his colleagues are the longest-detained journalists in the world today. Mr. Isaak's case is not only emblematic of the assault on the safety and security of journalists, but also the assault on a rules-based international order. It is a case study of the global assault on media freedom by authoritarian regimes whose exculpatory immunity continues to intensify and whose perpetrators only continue to be emboldened by the global pandemic of impunity.
Mr. Isaak's dual Swedish and Eritrean citizenship also makes this a unique cases and one that serves as a looking glass into the raison d'être for the Canadian-led Declaration Against Arbitrary Detention in State-to-State Relations. Accordingly, Sweden has a particular nexus to this case and related domestic and international responsibilities in this regard.
As the report on consular protection for journalists at risk abroad of the High Level Panel of Legal Experts on Media Freedom, on which Professor Cotler serves, states: Diplomatic protection is not a matter of discretion. It is an international legal obligation, an obligation that devolves on the country of the nationality of the imprisoned journalist and that devolves on the country that is detaining the journalist.
The Eritrean government has also repeatedly ignored every petition and relevant ruling for Mr. Isaak's release, including a petition for writs of habeas corpus before the Supreme Court of Eritrea in 2011 and a final and binding ruling by the African Commission on Human and Peoples' Rights in 2016.
In a word, this impunity has only been incentivized by the absence of concerted action by the community of democracies on behalf of Mr. Isaak.
What now follows is a summary of key policy recommendations and legal avenues.
First, Canada should engage the signatories of the Declaration Against Arbitrary Detention in State-to-State Relations to secure the implementation of this declaration. Indeed, the case of Mr. Isaak is a very raison d'être and the very case study of the adoption of such a declaration.
Second, Canada needs to impose target Magnitsky sanctions in a concerted fashion within a multilateral framework upon the senior Eritrean officials involved in acts of corruption and rights violations against Mr. Isaak and his colleagues, a move advocated last October by an international coalition of leading NGOs, human rights organizations, experts, advocates, and journalists, of which the Raoul Wallenberg Centre for Human Rights was one. Indeed, the importance of Magnitsky sanctions in response to the imprisonment of journalists was the first recommendation of the High-Level Panel of Legal Experts on Media Freedom.
Third, we should support the call of leading UN experts, those engaged in the UN Human Rights Council Special Procedures, who themselves called for the urgent and immediate release of Mr. Isaak.
Fourth, we need to implement the 2016 recommendations of the UN Commission of Inquiry on Human Rights in Eritrea and refer the case to the prosecutor of the International Criminal Court.
Fifth, Canada, which serves as co-chair of the Media Freedom Coalition, which has pledged itself to safeguard media freedom, the safety and security of journalists should engage the members of the coalition in the case of Mr. Isaak, an emblematic case study for the Media Freedom Coalition.
I will soon come to a close.
Sixth, Canada should lead an inquiry at the Human Rights Council regarding the case of Mr. Isaak.
Seventh, Canada should factor in Eritrea's assault on the rules-based international order in its bilateral Canadian-Eritrean relationship.
Finally, Sweden should be invited to exercise a panoply of legal remedies, which it could have taken and can still undertake, to secure justice for Mr. Isaak and his colleagues and accountability for the Eritrean perpetrators.
Thank you.
:
First of all, thank you, honourable members, for this opportunity.
I'm here tonight on behalf of IFEX, a global network of groups defending freedom of expression and information in all its forms. Our aim is to increasingly leverage this work in the form of press freedom, access to information, and safety and justice for journalists among other rights.
Like others who spoke tonight, we are seeing the expansion of authoritarianism in all its forms. Information is being weaponized in ways that have a profound impact on people and are creating a kind of information chaos. In our network alone, misuse of access to information legislation, Internet shutdowns, misinformation, attacks on media and, of course, the murder of journalists are becoming routine. As the previous session highlighted, when those targeted directly with online disinformation and smear campaigns are women, the form the attacks take is usually gendered and often results in self-censorship. The aim is to silence these voices and it is doing just that.
We can see this play out in the current context. Immediate action is required in the most urgent situations, like Afghanistan, Belarus, Ethiopia, Myanmar, Nicaragua, Sudan, Ukraine and Russia, just to name a few.
As my colleague, Rachel, recommended, it's imperative that a coordinated system of emergency support for journalists at risk and their families be created. We see Canada already moving in the right direction on this, but we must continue to increase our effectiveness. To be effective, these systems should include providing emergency visas that have simple and secure methods of submission. In the absence of such, they should expedite the processing of visas for journalists and their families, and ensure safe passage.
Key to this is effective coordination with local and international civil society organizations, like Journalists for Human Rights, that are working to protect and evacuate journalists.
We see that media freedom has never been more crucial. Democracies cannot survive and flourish without free, independent and pluralistic media. We need to reverse engineer the current branding of the media as fake news and the enemy of the people as normal. It is a lexicon that has been adopted around the world. It is language that is mimicked and acted upon and includes continued verbal and physical attacks on the media with total impunity.
This has had a profound impact on press freedom and journalists in particular. Be sure that no country, including Canada, is exempt from this trend. This narrative needs to be countered forcefully with words and actions.
Outside of intervening in urgent situations, the government must play a significant, ongoing role in reinforcing the importance of press freedom and respect for journalists in its own national context.
There is also a need for accountability. The criminalization of journalism and abuse of law by state actors has to end. We call on multilateral relationships and institutions to ensure that those who attack the media face real consequences for their actions. Otherwise, attacks against the press will continue to escalate and any standards championed by Canada will remain empty.
Within these relationships, Canada must be visible by being connected and committed to international mechanisms, engage in coalitions, fund and acknowledge the benefit of international institutions in upholding press freedom and be present and vocal in support of their efforts. Canada's leadership as co-chair of the Media Freedom Coalition, as current chair of the Freedom Online Coalition, as well as with the Community of Democracies working group on enabling and protecting civil society is already a very positive and welcome example of this.
At IFEX, our network of over 100 organizations based in more than 70 countries actively advocates for freedom of expression and information as a fundamental human right. Many do so in very dangerous circumstances. The targeted repression of press freedom advocates and journalists and the attack on communities and institutions see accepted norms being undermined and weakened.
We have been called on to do more direct support for our members across all regions who find themselves increasingly under attack by authoritarian states that are focused on shutting down the voices of civil society and threatening dissent at any price. Organizations whose offices and staff are targeted and harassed with no other aim but closure and erasure need to be supported, funded and engaged with because these are the voices that call for accountability. If these voices are shuttered, it will leave a vacuum for democracy.
We know these issues are complex. IFEX members and allies around the world have been working on them for years by doing grassroots advocacy, publishing reports and indexes, offering solutions, and campaigning. They are a rich pool of knowledge that could inform Canada's policies and discussions with nuance and a national and global perspective. As part of your efforts and your focus on media freedom, we would welcome being a conduit to these sources.
Governments and civil society groups need to continue to find ways to collaborate and to be at the table together.
Thank you.
Thank you, honourable members, for the opportunity to testify before the Subcommittee on International Human Rights.
I am here as a representative of The Committee for Freedom in Hong Kong, whose primary focus is the release of political prisoners in Hong Kong, which is quite remarkable, because who among us would have though, even three years ago, that we'd be talking about political prisoners in Hong Kong, once a place that was known as one of the freest places in Asia.
However, thanks to the national security law that was imposed on Hong Kong in mid-2020 by the Chinese government, any criticism of the Chinese Communist Party or the Chinese state has essentially been criminalized. We have a situation where most pro-democracy newspapers have been closed and civil society has been destroyed.
I am particularly focused on.... I'd like to tell you a story in my five minutes about the Next Digital media group, where I was an independent non-executive director. It's a story, really, of seven of my former colleagues who are, as we speak, in jail. They're in jail mostly without trial, let alone conviction. They're just seven of the more than 10,000 people who have been arrested on political charges as a result of the anti-government activities of 2019 and 2020 in Hong Kong.
I'm a former independent non-executive director of Next Digital, a company that is or was listed on the stock exchange of Hong Kong. It had a market capitalization of about $100 million when it was destroyed in mid-2021 as a result of government action taken under the national security law.
By focusing on my seven former colleagues, they can stand for the 10,000-plus people in Hong Kong, and really the 7,500,000 people who have been oppressed under the national security law. Their case demonstrates the way in which the Chinese Communist Party and its enablers in the Hong Kong government and private sector are engaging in lawfare, using the veneer of the legal system that underpins well-governed democracies, not for justice or to reach a fair verdict but in pursuit of a predetermined political end. In this case, it was the silencing of the pro-democracy newspaper Apple Daily.
The national security law is a broad, all-encompassing law that effectively criminalizes any criticism of the Chinese Communist Party by anyone anywhere in the world. In fact, last week one of my colleagues in London, Benedict Rogers from Hong Kong Watch, was threatened with jail if he didn't shut down his website, a London-based website, run by a British citizen that was deemed criminal by the Hong Kong authorities.
In the case of Next Digital, first the shares of the founder and largest shareholder, Jimmy Lai, were frozen by the secretary for security, because he said he had reason to believe that Mr. Lai had violated the national security law. There was no court order. Mr. Lai was already in jail, and at the same time, the secretary for security froze three Singapore-based bank accounts held by Mr. Lai at OCBC and Citi.
I mention this because many people are still under the illusion that Hong Kong is a place that cares about rule of law and property rights, and that it still has something left of its old days as a rule of law and free market oriented society that would tolerate, even welcome, free press and free discussion.
It's important to note that the secretary for security provided no evidence to back his claim that Mr. Lai had violated the national security law, nor did he seek a court order, let alone take the case to trial, and prove Mr. Lai guilty before a jury.
One month later, in mid-June 2021, authorities took a further series of action. They sent 550 armed police to our newspaper headquarters. They arrested the chief executive officer, Cheung Kim-hung; the editor-in-chief, Ryan Law, and detained other staff. Mr. Cheung Kim-hung and Mr. Law have been held without bail since that time. They also await trial.
Four other former colleagues have been held without bail since the summer of 2021. I think it's important to say their names, because these are individuals. They are seven among hundreds of thousands of people who are facing political charges in Hong Kong. They are Chan Pui-man, Yeung Ching-kee, Fung Wai-kong, and Lam Man-chung.
The secretary for security then froze the bank accounts of our operating companies. We were unable to accept payments from our nearly 600,000 digital subscribers. Although our employees were afraid and some of them had notes, computers and documents seized, they continued to put out the newspaper until we were finally forced to close, printing on that last edition a record one million copies, which were quickly sold.
Starved of cash, we had no choice but to shut the newspaper, and the directors ended up resigning, yet the government is still pursuing us. There are four different investigations, we're told, that are going on against us, and the government seems determined to prove that this has nothing to do with freedom of the press, but everything to do with a mismanaged company.
My ask for Canada is not quite as dramatic or as far-reaching as some of the other panellists, but there are something like 300,000 Canadian passport holders in Hong Kong. I hope that you continue to advocate for them, journalists and non-journalists alike. I hope that, given the experience that Canada has unfortunately had with China's hostage-taking approach to diplomacy, you will put human rights front and centre in every conversation that your ambassadors, other diplomats and other officials have with Chinese officials and Hong Kong officials.
I would also recommend Magnitsky-style sanctions, not only for senior Hong Kong government officials—because they will be taken care of by the Chinese authorities—but also for middle-ranking officials, for judges and also for the enablers in the private sector, who have continued to pursue not only former directors of Next Digital but also other people. They are doing part of the government's dirty work in trying to destroy freedom in Hong Kong.
Hong Kong is—
:
Thank you for the excellent question. The honourable member is clearly very well informed about Hong Kong and the use of sedition laws and other threats.
It's a broad-based attack on civil society. We've seen scores of civil society organizations disband. The legal tactics are the most effective because they tend to focus the minds of the heads of organizations with the threat of prison or the threat of bankruptcy of the organizations. Banks, notably HSBC, have been very active in freezing accounts when asked to by the government, but I also think we have to look at the role of the Hong Kong elite and of the pro-Beijing media. I am among many people who have been attacked by Wen Wei Po which, along with Ta Kung Pao, is one of the two communist-dominated newspapers in Hong Kong. We're seeing a pattern with these media often quoting mainland Chinese experts, who will start attacking an individual or an organization, and if that individual or organization doesn't cease, desist or flee the territory, then the lawfare starts.
It's a broad and remarkably effective, from the communist perspective, attack on civil society organizations, education, and obviously the legal system and the media. For example, anyone who wanted to commemorate the June 4 Tiananmen Square killings in 1989 was effectively threatened with jail, bankruptcy or other punishment.
I would say the area that honourable members should also be looking at going forward is religion, because religion is one of the last independent institutions in Hong Kong. The Catholic and Protestant churches in particular are a source of education and a source of free thinking, and I think it will be interesting to see if these tactics are extended to them as well.
I thank the members for their interest.
:
I've mentioned several recommendations before, and I'd be happy to repeat some of them.
Canada could, relatively quickly, impose targeted sanctions, in a concerted way within a multilateral framework, on senior Eritrean officials involved in corruption and human rights violations against Mr. Isaak and his colleagues. This is something we could do quite effectively and quickly.
This move was advocated in this case by an international coalition of NGOs, as I mentioned earlier, of human rights organizations, of experts, of advocates and of journalists.
So there are many recommendations. Canada could also support the call of key UN experts who are engaged in special procedures of the UN Human Rights Council, who have themselves already called for the urgent and immediate release of Mr. Isaak.
For example, Canada, as co‑chair of the Media Freedom Coalition, is committed to protecting media freedom and the safety of journalists. It can engage Coalition members in Mr. Isaak's case and make it an iconic case study. There are many other things we could do, but here are some ideas and recommendations for Canada.
:
Thank you, Mr. Chair. I'll try to be quick.
First of all, I want to thank all of our witnesses for being here today and sharing this testimony with us.
It's very, very important to hear from you. One thing I am reflecting on is the fact that with all of the stories you're telling us, I recognize that we very clearly have journalists with us, because there is a component of storytelling that I think has seized our imagination.
In my thinking of how we go forward with this, my colleague, Mr. Trudel, just brought up the fact that there's very little that Canada can do sometimes, or there are limits to what Canada can do. Of course, it is always better to be in the situation where we are able to prevent something from happening then condemning it once it has already occurred.
I was thinking a little bit about how we work with our media in Canada and around the world, and the model of how we pay for media—the model of advertising.
In the previous panel, Maria Ressa talked about how she worked for the International Fund for Public Interest Media and the way we can turn that on its head.
I'd love to get some information, so perhaps I can start with you, Ms. Pulfer.
How could we fund media? How can we ensure that media are able to continue without that advertising model which, with Facebook and other social media, makes our journalists so vulnerable.
:
Thank you for that very provocative and incisive question. I'm sorry I did not hear the previous witness, but the red lines are expanding or narrowing, depending on one's perspective. They tend to include Tibet and the Dalai Lama, of course; Taiwan and any semblance of belief that it is an independent nation; increasingly, Xinjiang and the treatment of the Uighur Muslim majority there; Hong Kong itself; and the South China Sea.
These are what China regards as its core interest, but I think as the Ukraine invasion by Russia has gone on, we're seeing pressure in new areas. For example, three people get together with a Ukrainian flag, and they're arrested because they've violated the social distancing rules, which under the COVID regulations only allow two people to get together. Of course, hundreds of people can line up for a new watch, and that's no problem. We're seeing a narrowing of the “Hong Kong” mind and a broadening of these red lines.
I think that your previous witness, if I understood correctly, was quite perceptive in pointing out that the whole point of red lines is that they're not really red. They're up to you as the journalist to essentially self-censor and try to outguess the censor. Naturally, in avoiding trouble, people tend to be more and more cautious. There's effectively no pro-democracy newspaper in Hong Kong anymore, and the leading English language newspaper, the South China Morning Post, for which I was previously editor-in-chief, I think has become increasingly timid. It takes a huge toll on Hong Kong, and, of course, it takes a big toll on the journalists, so many of whom are in jail.