International Silence on Human Rights Online Alarms Front-Line Activists
Activists discuss their campaigning and disappointments around Liberia and Malawi’s third UPR cycle
Liberia and Malawi concluded their 3rd Universal Periodic Review cycle at the 36th session in Geneva Switzerland in early November 2020.
The Universal Periodic Review is a UN OHCHR mechanism wherein each UN member state is reviewed for their human rights records every 4–5 years.
Small Media, through its UPRoar initiative, worked with The Centre for Human Rights and Rehabilitation (CHRR), based in Malawi, and The Center for Media Studies and Peace Building (CEMESP), based in Liberia to campaign and lobby for freedom of expression on and offline to be prioritised at the UPR.
🇱🇷 LIBERIA
On 2 November, in Monrovia, Liberia, CEMESP organised a public event with established journalists, activists, lawyers and other stakeholders in order to monitor the live UPR. Interviews on the radio and in print can be found here.
Liberia’s delegation affirmed that they had taken steps to promote and protect freedom of expression and the independence of the press and the media, stating that in compliance with the Declaration of Table Mountain, in 2018, the Government had repealed the law on sedition, criminal malevolence, and the Penal Law of 1978 on criminal libel against the President, and had instead enacted the Kamara Abdullah Kamara Act of Press Freedom in 2019.
Senegal, the United States, Czech, Timor-Leste, Philippines, Cuba and Georgia among others commended Liberia for its reforms in promoting freedom of expression, especially through enacting the Kamara Law on Press Freedom. However, the United States noted its concern against internet shutdowns during protests and through an advance question, probed the steps Liberia’s government has taken to thoroughly and transparently investigate the February 2020 death of broadcast journalist Zenu Koboi Miller. Sierra Leone further recommended the repeal the Penal Law of 1978 and decriminalization of speech, while the Maldives recommended that Liberia should uphold international standards to protect journalists and freedom of expression online and offline.
Ruth Gbatoe, the Programme Assistant at CEMESP stated that they had worked tirelessly in the run-up to Liberia’s review, to ensure that human rights online and freedom of expression in general were upholded at the UPR. She expressed their disappointment with the insufficient recommendations on freedom of expression online, but showed optimism in engaging the Liberian government to advocate for key digital rights legislations, crucial to advancing the country’s social-democratic credentials.
🇲🇼 MALAWI
On 3 November, during Malawi’s Universal Periodic Review, CHRR hosted a Town Hall session for civil society and media to monitor the session.
During the Review, Malawi’s delegation stated that their government had put in place the Access to Information Act of 2017, in order to provide for a framework that would facilitate access to information with the aim of promoting accountability and transparency.
A handful of States including Bangladesh, Chad, Pakistan and Zimbabwe commended the government of Malawi for taking steps to pass the Access to Information Act. The United Kingdom and Northern Ireland also applauded Malawi on the Access to Information Act and advances at enhancing media freedom, while Kenya lauded the country for enacting freedom of expression legislation. No specific recommendation was made towards legal and policy reform on digital rights, besides Sierra Leone’s recommendation asking Malawi to implement the Access to Information Act. Belgium however inquired about the measures the government of Malawi is taking or planning to take in order to guarantee the safety of human rights defenders including journalists.
“We welcome Sierra Leone’s recommendation on the Access to Information Act along with the comments from the UK, Bangladesh, Pakistan, Zimbabwe and Kenya. We are still disappointed with the lack of additional recommendations, particularly from member states that have historically championed freedom of expression. In order to hold the government of Malawi further accountable, it is vital we receive more robust recommendations on digital rights, including freedom of expression and media during the next cycle.”
Michael Kaiyatsa, Executive Director, CHRR
On a positive note, Malawi accepted Sierra Leone’s recommendation on implementing the Access to Information Law, and following up on the delegation’s commitment to operationalize this Act, we urge the government to continue building capacities of all stakeholders including journalists and citizens in its implementation and to honor their pledge of mapping out all information holders in order to develop a comprehensive database.
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Commenting on the process, Hannah Machlin, Advocacy Manager at Small Media, said that she observed a decrease in the number of states participating in the UPR and in recommendations made on digital rights.
“As we see less participation in the UPR, internet access is more important than ever before. With hospitals to classrooms running online, it’s disheartening to see less recommendations were made on digital rights in UPR 36 compared to the previous cycle. We hope in the next reviews that member states not only participate in the UPR but also make recommendations that bolster freedom of expression online”
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Note to editors:
The UPROAR initiative is being coordinated by Small Media, in collaboration with a network of digital rights organisations working internationally.
Small Media is a London-based organisation, with a multidisciplinary team of researchers, designers and developers supporting networks of activists and advocates to work creatively, effectively, and safely.
