Columbia World Freedom of Expression seeks to contribute to the event of an built-in and progressive jurisprudence and understanding on freedom of expression and data around the globe. It maintains an in depth database of worldwide case regulation. That is its publication coping with current developments within the discipline.
This week, Marija Šajkaš, CGFoE’s Communications Specialist, is in dialog with Viviana Krsticevic, the Government Director of the Middle for Justice and Worldwide Legislation (CEJIL) and one of many three members of the UN’s groundbreaking Impartial Worldwide Truth-Discovering Mission on the Islamic Republic of Iran.
Viviana acquired her regulation diploma from the College of Buenos Aires, has a grasp’s diploma in Latin American research from Stanford College, and a grasp’s diploma in regulation from Harvard College. She litigated greater than 2 hundred circumstances earlier than the Inter-American Fee and the Inter-American Court docket of Human Rights on key points for the safety of human rights and the strengthening of the rule of regulation.
Marija spoke with Viviana in regards to the present state of human rights in Iran, potential authorized cures, and the legacy of Jina Mahsa Amini. Beneath is an excerpt of the interview through which Viviana displays on methods ahead – to a extra equitable, simply, and peaceable future. Yow will discover the total dialog on our web site.
Viviana Krsticevic is the Government Director of the Middle for Justice and Worldwide Legislation (CEJIL) and Member of the UN’s Impartial Worldwide Truth-Discovering Mission on the Islamic Republic of Iran.
GGFoE: As one of many main figures on this Mission, how has this expertise influenced your view on the state of human rights and rights for girls on this planet?
Viviana Krsticevic: I’m from Argentina and have been an lively participant within the Latin American human rights and ladies’s rights actions for the previous 20 years. My interactions with colleagues, consultants, and activists over this previous yr have deepened my understanding of the obstacles confronted by Iranian ladies—starting from historic and cultural challenges to authorized boundaries. These exchanges have additionally influenced my perspective on the trail ahead for human and ladies’s rights globally.
Once I take into account the experiences of ladies throughout the Americas, we share frequent struggles with inequality and injustice, in addition to related desires and techniques with many Iranian ladies. Nonetheless, there are key variations within the actors and patterns that hinder progress towards gender equality, each domestically and internationally, that are related to the Islamic Republic of Iran and different nations.
One important distinction is the deeply entrenched discriminatory system of the Islamic Republic of Iran, which is embedded in its legal guidelines, establishments, and practices, limiting home accountability. Worldwide processes are additionally constrained, partly because of the absence of worldwide courts with jurisdiction over most human rights points, in addition to the affect of hostage diplomacy and undue strain on international nations to carry others accountable. Moreover, given the restrictions on speech and protest, the digital sphere performs a important position in activism and solidarity, whereas the federal government continues its efforts in digital repression. My fellow consultants and activists have revealed the depths of this advanced world to me, providing invaluable classes in historical past, politics, artwork, and society—not solely in Iran but in addition in locations like Bangladesh, Pakistan, and inside the UN.
This expertise additionally reshaped my view on the way forward for human and ladies’s rights. Witnessing Iranian ladies from all walks of life converse up, alongside males standing in solidarity, has strengthened my perception that the authoritarian playbooks might be cracked. Their methods highlighted speech, on-line and offline mobilization, group, and the persistence of these claiming equality and rights as a part of the playbook for advancing human rights worldwide. The surprising shows of solidarity from across the globe have been equally placing. Furthermore, in my interactions with victims and activists by the Truth-Discovering Mission, I used to be reminded that worldwide justice and solidarity are important elements of this roadmap, serving to to pave the way in which for a extra equitable, simply, and peaceable future. Whereas the state of ladies’s rights is way from the place it must be, the story is way from over. We owe Jina Mahsa and numerous others in Iran and internationally our dedication to persist—not simply out of precept alone, however as a result of that is our blueprint for change, and it really works.
Oversight Board Case of Iran Protest SloganDecision Date: January 9, 2023The Oversight Board overturned Meta’s preliminary determination to delete a Fb submit with the tagline “marg bar… Khamenei” in protest of the Iranian regime. Though this actually means “loss of life to Khamenei,” it’s additionally often employed as political jargon to indicate “down with Khamenei.” A Fb consumer posted a cartoon on the platform with a caption that included the contested sentence. The submit was promptly deleted since Meta thought of it violated the Violence and Incitement coverage. Though the consumer appealed this determination, Meta’s automated methods didn’t prioritize the attraction, and it was closed with out further overview. The Board determined that the tagline line didn’t violate the Violence and Incitement coverage because it thought of that the assertion ought to be understood as “down with Khamenei” because of the social and political scenario in Iran. It additionally emphasised the significance of context when assessing whether or not calling for the loss of life of any person is a reputable risk. On this case, the Board discovered that the assertion wasn’t a reputable risk as there was no precise hazard in direction of Ayatollah Khamenei. The Board supplied suggestions to strengthen the safety of political expression in dire circumstances, as in Iran—the place huge, historic rallies are being forcefully put down. This contains permitting expressions like “marg bar Khamenei” throughout protests within the nation.
Oversight Board Case of Gender Identification and NudityDecision Date: January 17, 2023The Oversight Board (OSB) overturned Meta’s unique determination to take away two Instagram posts depicting bare-chested transgender and non-binary folks. Each photographs have been posted by a US-based couple who determine as transgender and non-binary. The primary picture was posted in 2021 and depicted the couple bare-chested with flesh-colored tape overlaying their nipples. The second picture was posted in 2022 and confirmed one particular person clothed whereas the opposite was bare-chested and overlaying their nipples with their fingers. The captions mentioned that the bare-chested particular person would endure gender-affirming surgical procedure to have a flatter chest. The posts have been eliminated underneath Meta’s Sexual Solicitation and Grownup Nudity insurance policies after they have been flagged by the corporate’s automated methods and have been reported by different customers. Nonetheless, Meta later acknowledged the choice was an enforcement error of its insurance policies and restored the content material after being notified of the case by the OSB. The Board discovered that Meta’s insurance policies and their enforcement standards have been unclear. This, the OSB argued, led to enforcement errors that disproportionately impacted ladies and the LGBTQI+ group. The Board really helpful Meta to change its insurance policies and inside steering to incorporate clearer definitions concerning what constitutes an “supply or ask” for intercourse and “sexually suggestive poses,” amongst different measures.
Oversight Board Case of Name for Ladies’s Protest in CubaDecision Date: October 3, 2023The Oversight Board overturned Meta’s determination to take away a video, posted by a Cuban information platform on Instagram, of a girl criticizing males by evaluating them to animals and inspiring ladies to affix her in protests within the streets in opposition to the federal government. The consumer was a verified Instagram account that described itself as important of the Cuban authorities. The submit was seen greater than 90,000 occasions. It was mechanically flagged by Meta’s system and despatched to human overview for doubtlessly violating Meta’s Hate Speech coverage. The content material was eliminated after a number of moderators deemed it violated the coverage. The Board discovered that the ladies’s statements within the video have been certified behavioral statements, allowed underneath Meta’s Hate Speech coverage. Underneath Meta’s insurance policies, certified behavioral statements “use statistics, reference people, or describe direct expertise.” The Board additional highlighted the significance of understanding exterior context when issuing content material moderation selections, particularly in nations the place freedom of expression and peaceable meeting are suppressed or met with violence. In gentle of Cuba’s political context, the message of the content material (calling to protest State repression), and the position social media platforms play in exercising activism, the Board thought of that eradicating the content material was the mistaken determination.
● OCTOBER 16: The Energy of Music: Repercussions for Freedom of Expression and Digital Rights in Hong Kong. Don’t miss the webinar on free speech restrictions in Hong Kong subsequent week. CGFoE will host a dialogue on the courtroom’s determination to ban a well-liked protest “anthem” in Hong Kong – the “Glory to Hong Kong” music. Michael Caster, Asia Digital Program Supervisor at ARTICLE 19, Chung Ching Kwong, a political and digital rights activist from Hong Kong, and Dr. Eric Yan-ho Lai, Analysis Fellow at Georgetown Middle for Asian Legislation, will be part of our panel, moderated by Doreen Weisenhaus, Director of the Media Legislation and Coverage Initiative at Northwestern College. October 16, 2024. 8 AM CDT / 9 AM ET / 2 PM BST / 8 PM ICT. Join right here to affix us on Zoom.
● OCTOBER 25: What’s in a Joke? Humor in Free Speech Jurisprudence and Content material Moderation – Toolkit Launch and Roundtable. Are you primarily based in New York Metropolis or visiting quickly? Be part of us at a panel and roundtable on the upcoming toolkit What’s in a Joke? Assessing Humor in Free Speech Jurisprudence and Content material Moderation. We’ll welcome the toolkit’s authors – Alberto Godioli, College of Groningen, Sabine Jacques, College of Liverpool, Ariadna Matamoros Fernández, Queensland College of Know-how, and Jennifer Younger, College of Groningen. They are going to current a complicated draft of the toolkit, adopted by an open Q&A and a roundtable with 4 members of the challenge’s Advisory Board. October 25, 2024. 2:30 PM – 5:30 PM ET. Riverside Church, tenth Flooring Lounge, 91 Claremont Ave, New York, NY 10027. To affix in particular person, reserve a spot on Eventbrite. To observe on-line, register on Zoom.
● Replace of the UN Impartial Truth-Discovering Mission: Iran Is Intensifying Efforts to Repress Ladies and Ladies. On the second anniversary of the “Girl, Life, Freedom” protests, the UN’s Impartial Truth-Discovering Mission revealed an replace: Iranian authorities have escalated violence and discrimination in opposition to ladies and ladies. The “Hijab and Chastity” Invoice awaits the almost-certain approval by the Guardian Council; the Invoice will impose much more extreme penalties for individuals who fail to adjust to the necessary hijab. Within the meantime, Iranian officers have been implementing the so-called “Noor” Plan since April 2024 by endorsing violations of the rights of ladies and ladies – cases of “beating, kicking, and slapping” have been on the rise. To additional implement compliance, the federal government has ramped up surveillance. Alarmingly, a brand new oppression sample has emerged: ladies activists have been receiving loss of life sentences on grounds of nationwide safety offenses. The Mission addressed States with a name “to analyze, prosecute and punish these chargeable for crimes in opposition to ladies and ladies dedicated within the context of the “Girl, Life, Freedom” motion, earlier than their respective home courts together with underneath the precept of common jurisdiction and with out procedural limitations.” Learn the total replace right here.
● Joint Assertion: 26 Human Rights Organizations Urge Iran to Revoke Demise Sentence for Kurdish Girl Activist. The Middle for Human Rights in Iran and different human rights organizations have collectively known as for the speedy launch of Pakhshan Azizi, a Kurdish ladies’s rights activist. Arrested in August 2023, Azizi subsequently reported being subjected to torture. In July 2024, Iran’s Islamic Revolutionary Court docket sentenced her to loss of life on manufactured prices of “armed rise up in opposition to the state.” The joint letter underscored that “oppressive measures and issuance of heavy sentences, such because the loss of life penalty for political and social activists, perpetuate the cycle of violence and human rights violations.” The letter known as for the worldwide group to take motion. In a current attraction, Amnesty Worldwide reiterated the necessity for pressing motion in Azizi’s case.
● PEN America Interviews Asal Abasian, Exiled Iranian Journalist, Author, Queer Feminist Activist. This previous September, PEN America interviewed Asal Abasian, a queer feminist activist, author, and former journalist at Shargh, who fled Iran amid threats of retaliation and imprisonment resulting from their activism. Abasian informed PEN about their pursuit of journalism in Iran, the state repression of the LGBTQI+ group, and their continued protection of human rights from exile. “We yearn for a time when queer folks can dwell and thrive overtly in each facet of life with out concern, prejudice, or discrimination,” Abasian informed PEN. “Whereas this dream could seem distant in in the present day’s Iran, the hope for such a future continues to gas our battle for visibility, equality, and justice.” They recalled the names of Iranians imprisoned for resisting censorship and repression – Sepideh Rashnu, Sarvenaz Ahmadi, Anisha Asadollahi, Narges Mohammadi, and quite a few others – and urged everybody outdoors Iran to amplify their voices.
This part of the publication options instructing supplies centered on international freedom of expression that are newly uploaded on Freedom of Expression With out Frontiers.
Transnational Repression 2019-2024: Nations Concentrating on Ladies Journalists Overseas. In a current report on transnational repression focusing on ladies journalists outdoors their dwelling nations, the Coalition for Ladies in Journalism (CFWIJ) recorded a dramatic improve in states’ makes an attempt to silence these overseas – from 19 circumstances in 2023 to 49 in 2024. The perpetrators are Iran, Russia, Azerbaijan, Belarus, Türkiye, Ethiopia, Malaysia, and Venezuela. These states have resorted to intimidation, threats, and authorized harassment, whereas Iran, Azerbaijan, and Russia have additionally employed such ways as bodily assaults, abductions, and assassination makes an attempt in opposition to journalists in exile. One of many main circumstances the report highlights is that of journalist Sima Sabet: “[Iran’s Islamic Revolutionary Guard Corps’] try and assassinate me by employed criminals on UK soil is an unequivocal act of terrorism,” Sabet informed CFWIJ.
ARTICLE 19 Boundaries of Expression Podcast: Digital Repression and Queer Resistance in Iran and the Wider Area. On this new podcast episode, ARTICLE 19 talks to Afsaneh Rigot, Founding father of De|Middle and writer of the current groundbreaking report Queer Resistance to Digital Oppression within the Center East and North Africa. Mahsa Alimardani, Senior Program Officer for Center East and North Africa at ARTICLE 19, additionally joins the dialog. The audio system focus on the five-year analysis, interviewing, and surveying that made the report doable and reply these questions: How does Iran goal the queer group on-line? What might be completed to guard the group’s digital expression and privateness?
This article is reproduced with the permission of World Freedom of Expression. For an archive of earlier newsletters, see right here.
